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Home My WebLink About02-3601FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 02 CUMBERLAND COUNTY JAMES E. PEARSON CHRISTINE A. PEARSON 1927 KENT DRIVE CAMP HILL, PA 17011 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice arc served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by thc court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNI~ CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 1911005989 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiff is CHASE MANHATTAN' MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 The name(s) and last known address(es) oftbe Defendant(s) are: JAMES E. PEARSON CHRISTINE A. PEARSON 1927 KENT DRIVE CAMP HILL, PA 17011 who is/are the mortgagor(s) and mai owner(s) of the property hereinafter described. On 7/26/96 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CORESTATES MORTGAGE SERVICES CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1333, Page 586. By Assignment of Mortgage recorded 6/19/97 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 550, Page 434. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 4/1/02 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance Interest 3/1/02 through 7/1/02 (Per Diem $14.37) Attorney's Fees Cumulative Late Charges 7/26/96 to 7/1/02 Cost of Suit and Title Search Subtotal $67,663.75 1,767.51 1,225.00 77.30 550.00 $71,283.56 Escrow Credit 692.32 Deficit 0.00 Subtotal ($ 692.32) TOTAL $70,591.24 The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c. 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $70,591.24, together with interest from 7/1/02 at the rate of $14.37 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ALL THAT CERTAIN lot or parcel of land with the buildings and improvements thereon erected situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southeasterly side of Kent Drive (fifty feet wide) said point being on the dividing llne between Lot No. 11 and Lot No. 10; thence northeastwerdly along the southeasterly side of Kent Drive, a distance of 50 feet to a point at the beginning of a curve at the intersection of the southeasterly side of Kent Drive and the southwesterly side of Letchworth Drive; thence by the same and curve to the right with a radius of 25 feet, an arc distance of 39.27 feet to a point on the southwesterly side of Letchworth Drive; thence southeastwerdly by same, a dietance of 50 feet to a point at a curve; thence still southeastwardly by the same and by a curve to the lei't with a radius of 142.27 feet an arc distance of 40.36 feet to a point; thence southwestwardly by land of Highland Estates, a distance of 80.88 feet to a point on the dividing line between Lot No. 11 and Lot No. 10: thence northwestwerdly by said dividing line, a distance of 115 feet to a point, the place of BEGINNING. BEING Lot No. 10, Block E on Plan No. 4 of Highland Estates dated March 15, 194.9, and recorded in Plan Book 4, Page 79 & C., Cumberland County Records. Being house No. 1927 Kent Drive. VERIFICATION DAVID LOVEi I hereby states the he/she is the ASSISTANT SECRETARY of CHASE MANHATTAN MORTGAGE CORPORTAT/ON mortgage servicing agent for the Plaintiffin this matter, the he/she is authorized to take the Verification, and the statements made in the foregoing Civil Action are true and correct to the best of her/his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa, C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: DAVID LOVETt /~-~STA/~ SC-C.I~'TN~y c~s~ ~0~ 2002-03601 P COMMONWEALTH oF pENlqSyLVANIA: COUNTY oF CUMBERLAND VS , sheriff or DepUty sheriff of ~ who being duly sworn according to laW, .... htr,Pennsylvania' was served upon cumberlana ~u~ ~~ the sayS, the within at on the at ~ by handing to together with a true and attested copy of and at the same time directing ~-~ attention to the contentS thereOf. C Sheriff's costS: 18.00 Docketing 11.04 Service .00 Affidavit 10.00 Surcharge .00 sworn and Subscribed to before me this ~ day of ~ine os/oi/ ool FEDERMAN & PHELAN ' being du~¥ sworn ~u .... ns¥%vania, who was se~ed uPOn the at ~ together SHERIFF'S RETURN - REGULAR CASE NO; 2002-03601 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN MORT CORP VS PEARSON JAMES E ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PEARSON JAMES E the DEFENDANT , at 1448:00 HOURS, on the 31st day of July at 1927 KENT DRIVE , 2002 CAMP HILL, PA 17011 JASON PEARSON, SON a true and attested copy of COMPLAINT - by handing to MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.04 Affidavit .00 Surcharge 10.00 .00 39.04 Sworn and Subscribed to before me this ~ day of i6rothonotary ' So Answers: R. Thomas Kline 08/01/2002 FEDER & PHELAN Deputy Sh~rif f SHERIFF' S RETURN - REGULAR CASE NO: 2002-03601 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN MORT CORP VS PEARSON JAMES E ET AL GEIIALD WORTHINGTON Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE PEARSON CHRISTINE A Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the DEFENDANT , at 1448:00 HOURS, at 1927 KENT DRIVE CAMP HILL, PA 17011 JASON PEARSON, SON a true and attested copy of on the 31st day of July , 2002 by handing to COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~ day of t Prothonotary , , L So Answers: R. Thomas Kline 08/01/2002 FEDERMAN & PHELAN Deput~ Sh~iff FEDERMAN AND PHELAN, LLP By: Frank Federman, Esquire I.D. No. 12248 Lawrence T. Phelan, Esquire I.D. No. 32227 Francis S. Hallinan, Esquire I.D. No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff CHASE MANHATTAN MORTGAGE CORPORATION VSo Plaintiff Court of Common Pleas CUMBERLAND County No. 02-3601 CIVILTERM JAMES E. PEARSON CHRISTINE A. PEARSON Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT, WITHOUT PREJUDICE AND DISCONTINUE AND END TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark this case discontinued and ended, upon payment of your costs only. Date Frank Federman, Esquire Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Attorneys for Plaintiff