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HomeMy WebLinkAbout02-3652Spear & Hoffman, P.A. BY: THOMAS J. HORNBECK, ESQUIRE Attorney I.D. No. 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No.: 5100106003 PNC BANK N.A: 9451 CORBIN AVE. NORTHRIDGE, CA. 91324 PLAINTIFF, VS. JOHN D. STONE 272 SOUTH WEST STREET CARLISLE, PA 17013 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKETNO. OR- ,.~(.vS'~ a,~? COMPLAINT - CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE NOTICE 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 are 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 the 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 fights 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 County Bar Association 2 Liberty Avenue Carlisle, PA 17103 (717) 249-3166 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo a partir de la fecha de la demanda y la notification. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la torte en forma escrita sus defensas o sus objeciones a las demandadas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notification. Ademas, la torte puede decidir a favor del demandato y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades o otros dereches importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIAL LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17103 (717) 249-3166 Spear & Hoffman, P.A. BY: THOMAS J. HORNBECK, ESQUIRE Attorney I.D. No. 80057 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No.: 5100106003 PNC BANK N.A. 9451 CORBIN AVE. NORTHRIDGE, CA. 91324 PLAINTIFF, VS. JOHN D. STONE 272 SOUTH WEST STREET CARLISLE, PA 17013 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. COMPLAINT IN MORTGAGE FORECLOSURE 1. Pl~.intiffis PNC BANK N.A., with its principal place of business located at 9451 CORBIN AVE.NORTHRIDGE, CA. 91324. 2. The names and last known addresses of the Defendants are: JOHN D. STONE, 272 SOUTH WEST STREET CARLISLE, PA 17013. 3. The interest of each individual Defendant is as mortgagor, real owner of the real property subject to the mortgage described below, or both. 4. On or about JANUARY 29, 1999, Mortgagors made, executed and delivered a Mortgage upon the premises hereinafter described to PNC MORTGAGE CORPORATION OF AMERICA, which Mortgage is recorded as follows: Office of the Recorder of Deeds in and for CUMBERLAND COUNTY DATE OFMORTGAGE: JANUARY 29, 1999 DATE RECORDED: AS RECORDED BOOK: AS RECORDED PAGE: AS RECORDED The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. 1019(g). 5. On or about JANUARY 29, 1999, in consideration of their indebtedness to PNC MORTGAGE CORPORATION OF AMERICA, JOHN D. STONE made, executed and delivered to PNC MORTGAGE CORPORATION OF AMERICA their promissory Note in the original principal amount of $82,500.00. The Note is referenced herein only insofar as the terms of the Note are incorporated into the Mortgage. 6. Plaintiff is the legal holder of the Mortgage by virtue of being either the original Mortgagee, the legal successor in interest to the original Mortgagee, or the present holder of the Mortgage by virtue of the following assignments: ASSIGNOR: PNC MORTGAGE CORP. OF AMERICA ASSIGNEE: PNC BANK NA DATE OF ASSIGNMENT: AS RECORDED RECORDING DATE: AS RECORDED BOOK: AS RECORDED PAGE: AS RECORDED 7. The Mortgage is secured by property located at 272 SOUTH WEST STREET CARLISLE, PA 17013. 8. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, due JANUARY 1, 2002 and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become immediately due and payable forthwith together with late charges, escrow deficit (if any), and costs of collection including title search fees and reasonable attorney's fees. 9. The following amounts are due on the Mortgage: Principal Balance $79,905.51 6.875% interest from DECEMBER 1, 1999 to JULY 24, 2002 at $15.05 per day Accrued Late Charges Other Fees Attorney's Fees TOTAL AMOUNT DUE $3,551.80 $189.70 $45.60 $2,85O.3O $86,542.91 Interest continues to accrue at the per diem rate of $15.05 for every day after JULY 24, 2002 that the debt remains unpaid. 2 10. During the course of this litigation costs may continue to accrue, including but not limited to escrow advances, late charges, attorney's fees, etc. 11. 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 Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 12. The original principal balance of the Mortgage is in excess of $50,000.00 and therefore, Notice of Intention to Foreclose Mortgage, pursuant to Act 6, 41 P.S. {}403 is not applicable. 13. Pursuant to the notice provisions of Act 91, 35 P.S. § 1680.403(c), notice was sent to Defendants, dated MARCH 21, 2002. Copies of the notices to the defendants are attached as Exhibit "A". Defendants have failed to meet with the plaintiff or any of the consumer credit counseling agencies listed in the notice and/or have further failed to meet the time limitations specified in the notice and/or have been denied assistance from the Pennsylvania Housing Finance Agency. 14. Notice pursuant to the Fair Debt Collection Practices Act is attached as Exhibit "B". WHEREFORE, Plaintiff respectfully requests this Court to enter judgment IN REM in favor of Plaintiff and against the within named property of the Defendants in the amount set forth in paragraph 9, together with interest accruing after JULY 24, 2002 to the date of Judgment, plus 6% legal rate of interest from date of Judgment to Final Sale, and Sheriff Sale costs, together with all costs of suit and any money hereafter expended by the Plaintiff in payment of taxes, sewer and water rents, claims or charges for insurance or repairs and any and all other advances hereafter made by the Plaintiff as stated in paragraph 10, pursuant to the fights and privileges granted under the terms of the subject mortgage, and for foreclosure and sale of the Mortgaged property. ~;HO~fAS J. H~)ILNBECK, ESQUIRE VERIFICATION I, THOMAS J. HORNBECK, verify that I am the attorney for the plaintiffin this action and that the foregoing Complaint in Mortgage Foreclosure is true and correct to the best of my knowledge, information and belief. I make this verification in lieu of PNC BANK N.A. Plaintiff who is outside the jurisdiction of the court and its verification could not be obtained within the time allowed for filing this pleading. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unswom falsification to authorities. mmAS~.~O~ECK y for Plaintiff Exhibit "A " Exhibit "B " NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT, (the Act) 15 U.S.C. SECTION 1601 AS AMENDED 1. This law firm may be deemed a "debt collector" under the Fair Debt Collection Practices Act. Any and all information obtained during the prosecution of this lawsuit may be used for the purpose of collecting a debt. 2. The amount of the debt is stated in the attached letter. 3. The Plaintiff as named in the attached letter is the creditor to whom the debt is owed, or is the servicing agent for the creditor to whom the debt is owed. The undersigned attorney represents the interests of the Plaintiff. 4. The debt described in the letter evidenced by the copy of the mortgage note attached hereto will be assumed to be valid by the creditor's law finn unless the debtor, within thirty days after the receipt of this notice, disputes in writing the validity of the debt or some portion thereof. 5. If the debtor notifies the creditor's law fn-m in writing within thirty days of the receipt of this notice that the debt or any portion thereof is disputed, the creditor's law firm will obtain a verification of the debt and a copy of the verification will be mailed to the debtor by the creditor's law firm. 6. If the creditor named as Plaintiff in the attached letter is not the original creditor, and if the debtor makes a written request to the creditor's law firm within the thirty days from the receipt of this notice, the name and address of the original creditor will be mailed to the debtor by the creditor's law firm. 7. FEDERAL LAW GIVES YOU THIRTY DAYS AFTER YOU RECEIVE THIS NOTICE TO DISPUTE THE VALIDITY OF THE DEBT OR ANY PART OF IT. THE LAW DOES NOT REQUIRE THAT WE WAIT UNTIL THE END OF THE THIRTY-DAY PERIOD TO CONTINUE WITH THE SUBJECT LEGAL ACTION. IF, HOWEVER~ YOU REQUEST PROOF OF TIlE DEBT OR TIlE NAME AND ADDRESS OF TIlE ORIGINAL CREDITOR WITIlIN TIlE TIlIRTY-DAY PERIOD TIlAT BEGINS WITIl YOUR RECEIPT OF TIlIS LETTER~ TIlE LAW REQUIRES TIlAT WE SUSPEND OUR EFFORTS (TIIROUGH LITIGATION OR OTHERWISE) TO COLLECT TIlE MORTGAGE AND NOTE, INCLUDING SEEKING A DEFAULT IN TIlE FORECLOSURE SUIT FOR YOUR FAILURE TO RESPOND TO TIlE ATTACIlED COMPLAINT WITHIN TIlE TIME REQUIRED UNDER TIlE SUMMONS~ UNTIL WE MAIL TIlE REQUESTED INFORMATION TO YOU. IF YOU REQUEST VALIDATION OF THE DEBT, AS STATED HEREIN, YOU ARE UNDER NO OBLIGATION TO RESPOND TO THE SUMMONS AND COMPLAINT UNTIL WE RESPOND WITH THE REQUESTED INFORMATION 8. Written requests should be addressed to Spear & Hoffman, P.A., at 1020 North Kings Highway, Suite 210, Cherry Hill, NJ 08034. Spear & Hoffman, P.A. BY: THOMAS J. HORNBECK, ESQUIRE Attorney I.D. No. 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No.: 5100106003 PNC BANK N.A. 9451 CORBIN AVE. NORTHRIDGE, CA. 91324 PLAINTIFF, VS. JOHN D. STONE 272 SOUTH WEST STREET CARLISLE, PA 17013 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 02-3652 AMENDED COMPLAINT - CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE NOTICE 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 are 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 the 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 County Bar Association 2 Liberty Avenue Carlisle, PA 17103 (717) 249-3166 AVISO Le han demandado a usted en la cone. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo a partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandadas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandato y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades o otros dereches importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL D1NERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIAL LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17103 (717) 249-3166 Spear & Hoffman, P.A. BY: THOMAS J. HORNBECK, ESQUIRE Attorney I.D. No. 80057 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No.: 5100106003 PNC BANK N.A. 9451 CORBIN AVE. NORTHRIDGE, CA. 91324 PLAINTIFF, VS. JOHN D. STONE 272 SOUTH WEST STREET CARLISLE, PA 17013 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 02-3652 AMENDED COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is PNC BANK N.A., with its principal place of business located at 9451 CORBIN AVE.NORTHRIDGE, CA. 91324. 2. The names and last known addresses of the Defendants are: JOHN D. STONE, 272 SOUTH WEST STREET CARLISLE, PA 17013. 3. The interest of each individual Defendant is as mortgagor, real owner of the real property subject to the mortgage described below, or both. 4. On or about JANUARY 29, 1999, Mortgagors made, executed and delivered a Mortgage upon the premises hereinafter described to PNC MORTGAGE CORPORATION OF AMERICA, which Mortgage is recorded as follows: Office of the Recorder of Deeds in and for CUMBERLAND COUNTY DATE OF MORTGAGE: JANUARY 29, 1999 DATE RECORDED: FEBRUARY 4, 1999 BOOK: 1518 PAGE: 1 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. 1019(g). 5. On or about JANUARY 29, 1999, in consideration of their indebtedness to PNC MORTGAGE CORPORATION OF AMERICA, JOHN D. STONE made, executed and delivered to PNC MORTGAGE CORPORATION OF AMERICA their promissory Note in the original principal amount of $82,500.00. The Note is referenced herein only insofar as the terms of the Note are incorporated into the Mortgage. 6. Plaintiff is the legal holder of the Mortgage by virtue of being either the original Mortgagee, the legal successor in interest to the original Mortgagee, or the present holder of the Mortgage by virtue of the following assignments: ASSIGNOR: PNC MORTGAGE CORP. OF AMERICA ASSIGNEE: PNC BANK NA DATE OF ASSIGNMENT: AS RECORDED RECORDING DATE: AS RECORDED BOOK: AS RECORDED PAGE: AS RECORDED 7. The Mortgage is secured by property located at 272 SOUTH WEST STREET CARLISLE, PA 17013. 8. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, due JANUARY 1, 2002 and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become immediately due and payable forthwith together with late charges, escrow deficit (if any), and costs of collection including title search fees and reasonable attorney's fees. 9. The following amounts are due on the Mortgage: Principal Balance $79,905.51 6.875% interest from DECEMBER 1, 1999 to JULY 24, 2002 at $15.05 per day Accrued Late Charges Other Fees Attorney's Fees TOTAL AMOUNT DUE $3,551.80 $189.70 $45.60 $2,850.3O $86,542.91 Interest continues to accrue at the per diem rate of $15.05 for every day after JULY 24, 2002 that the debt remains unpaid. 10. During the course of this litigation costs may continue to accrue, including but not limited to escrow advances, late charges, attorney's fees, etc. 11. 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 Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 12. The original principal balance of the Mortgage is in excess of $50,000.00 and therefore, Notice of Intention to Foreclose Mortgage, pursuant to Act 6, 41 P.S. §403 is not applicable. 13. Pursuant to the notice provisions of Act 91, 35 P.S. §1680.403(c), notice was sent to Defendants, dated MARCH 21, 2002. Copies of the notices to the defendants are attached as Exhibit "A". Defendants have failed to meet with the plaintiff or any of the consumer credit counseling agencies listed in the notice and/or have further failed to meet the time limitations specified in the notice and/or have been denied assistance from the Pennsylvania Housing Finance Agency. 14. Notice pursuant to the Fair Debt Collection Practices Act is attached as Exhibit "B". WHEREFORE, Plaintiff respectfully requests this Court to enter judgment IN REM in favor of Plaintiff and against the within named property of the Defendants in the amount set forth in paragraph 9, together with interest accruing after JULY 24, 2002 to the date of Judgment, plus 6% legal rate of interest from date of Judgment to Final Sale, and Sheriff Sale costs, together with all costs of suit and any money hereafter expended by the Plaintiff in payment of taxes, sewer and water rents, claims or charges for insurance or repairs and any and all other advances hereafter made by the Plaintiff as stated in paragraph 10, pursuant to the rights and privileges granted under the terms of the subject mortgage, and for foreclosure and sale of the Mortgaged property. T~(J~S J. I~ORNBECK, ESQUIRE VERIFICATION I, THOMAS J. HORN-BECK, verify that I am the attorney for the plaintiff in this action and that the foregoing Complaint in Mortgage Foreclosure is true and correct to the best of my knowledge, info~ation and belief. I make this verification in lieu of PNC BANK N.A. Plaintiff who is outside the jurisdiction of the court and its verification could not be obtained within the time allowed for filing this pleading. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. Exhibit "A " NOTICE REQUIRED BY THE FAIR DEBT COLLECTION .P. RACTICES ACT, (the ..Act) 15 U.S.C. SECTION 1601 AS AMENDED 1. This law firm may be deemed a "debt collector" under the Fair Debt Collection Practices Act. Any and all information obtained during the prosecution of this lawsuit may be used for the purpose of collecting a debt. 2. The amount of the debt is stated in the attached letter. 3. The Plaintiff as named in the attached letter is the creditor to whom the debt is owed, or is the servicing agent for the creditor to whom the debt is owed. The undersigned attorney represents the interests of the Plaintiff. 4. The debt described in the letter evidenced by the copy of the mortgage note attached hereto will be assumed to be valid by the creditor's law firm unless the debtor, within thirty days after the receipt of this notice, disputes in writing the validity of the debt or some portion thereof. 5. If the debtor notifies the creditor's law f'mn in writing within thirty days of the receipt of this notice that the debt or any portion thereof is disputed, the creditor's law firm will obtain a verification of the debt and a copy of the verification will be mailed to the debtor by the creditor's law firm. 6. If the creditor named as Plaintiff in the attached letter is not the original creditor, and if the debtor makes a written request to the creditor's law firm within the thirty days from the receipt of this notice, the name and address of the original creditor will be mailed to the debtor by the creditor's law firm. 7. FEDERAL LAW GIVES YOU THIRTY DAYS AFTER YOU RECEIVE THIS NOTICE TO DISPUTE THE VALIDITY OF THE DEBT OR ANY PART OF IT. THE LAW DOES NOT REQUIRE THAT WE WAIT UNTIL THE END OF THE THIRTY-DAY PERIOD TO CONTINUE WITH THE SUBJECT LEGAL ACTION. IF, HOWEVER, YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY-DAY PERIOD THAT BEGINS WITH YOUR RECEIPT OF THIS LETTER~ THE LAW REQUIRES THAT WE SUSPEND OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE MORTGAGE AND NOTE, INCLUDING SEEKING A DEFAULT IN THE FORECLOSURE SUIT FOR YOUR FAILURE TO RESPOND TO THE ATTACHED COMPLAINT WITHIN THE TIME REQUIRED UNDER THE SUMMONS, UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. IF YOU REQUEST VALIDATION OF THE DEBT, AS STATED HEREIN, YOU ARE UNDER NO OBLIGATION TO RESPOND TO THE SUMMONS AND COMPLAINT UNTIL WE RESPOND WITH THE REQUESTED INFORMATION 8. Written requests should be addressed to Spear & Hoffman, P.A., at 1020 North Kings Highway, Suite 210, Cherry Hill, NJ 08034. SPEAR & HOFFMAN, P.A. BY: THOMAS J. HORNBECK, ESQUIRE ATTORNEY I.D. NO. 80057 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF PNC BANK N.A. PLAINTIFF, VS. JOHN D. STONE DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND DOCKET NO. 02-3652 CERTIFJCATION OF SERVICE I hereby certify that on the ~day °f ~' 20~ have served a tree ~d correct copy of the Amended Complaint in a Mortgage Foreclosure on all parties named herein at their last known address or upon their attorney of record by first class U.S. mail, postage prepaid to the addresses listed below. SPEAR & HO~ ~ B~e~a~nRtif~f EC~" ESQUIRE JOHN D. STONE 272 SOUTH WEST STREET CARLISLE, PA 17013 Exhibit "A" FI.I Postage I1'1 Certified Fee (Endorsement Required} rtJ I:~ Restricted Dstiv~y Fee ~:~ (Endorsement Required) rtl t~ PNC BANK N.A., VS. JOHN D. STONE, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION : : NO. 2002-3652 : IN MORTGAGE FORECLOSURE DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S FIRST AMENDED COMPLAINT Defendant John D. Stone, by his undersigned counsel, preliminarily objects to plaintiff's first amended complaint as follows: PRELIMINARY OBJECTION RAISING FAILURE TO CONFORM TO PA. R.C.P. 1019 1. Plaintiffhas filed a complaint against the defendant in this matter, alleging, inter alia, damages as the result of defendant's default on a mortgage which has been assigned to plaintiff. 2. Plaintiff has alleged that it sent to defendant a written notice required by Act 91, 35 P.S. section 1680.403(c), and has further alleged that copy of said notice is attached to the complaint as Exhibit "A". 3. The notice specified as Exhibit "A" in the complaint is not attached to the amended complaint, either the original filed with the Prothonotary, or the copy served on defendant. 4. Under Pa. R.C.P. 1028(a)(2), a party may preliminarily object by way of a motion to strike offa pleading because of lack of conformity to role of court. 7. The first amended complaint is defective under Rule 1019(h). 8. The first amended complaint being defective, it must be stricken. WHEREFORE, defendant respectfully requests that plaintiff's first amended cornplaint be stricken. PRELIMINARY OBJECTION RAISING FAILURE TO CONFORM TO PA. R.C.P. 1024 1. Plaintiff in the case is PNC Bank, N.A. The amended complaint in the case is not verified by an employee or officer of plaintiff, but by Attorney Thomas J. Hombeck, attorney for plaintiff~ who states as the reasons why the verification is not made by a party is that plaintiff is outside the jurisdiction of the court and the verification could not be obtained within the time allowed for filing the complaint. 2. This Court can take judicial notice that there more than a dozen offices of PNC Bank N.A. located within the boundaries of Cumberland County; therefore the statement that the plaintiff is outside the jurisdiction of the court is inaccurate, and there exists no good reason why the verification was not made by the party plaintiff. 3. When a verification is made by a non-party, Rule 1024(c), Pa. R.C.P. requires that the verification shall state the source of the person's infosmation as to matters not stated upon his or her own knowledge. The verification states that it is part made upon infomiation and belief, but the source of that information is not stated. 4. The verification is dated July 26, 2002, and the amended complaint to which it is attached is dated August 15, 2002. An examination of the record reveals that the verification to the amended complaint is simply a photocopy of the verification which was attached to the original complaint. 5. Under Pa. R.C.P. 1028(a)(2), a party may preliminarily object by way of a motion to strike offa pleading because of lack of conformity to role of court. 7. The first amended complaint is defective under Rule 1024(c). 8. The first amended complaint being defective, it must be stricken. WHEREFORE, defendant respectfully requests that plaintiff's first amended complaint be stricken. PRELIMINARY OBJECTION RAISING FAILURE TO CONFORM TO PA. ILC. P. 1147 1. The amended complaint avers that the mortgage given by defendant has been assigned to the plaintiffby written document recorded in the office of the Recorder of Deeds. 2. The amended complaint fails to aver the date and place of record of the assignment. 3. Rule 1147, Pa. R.C.P., requires that the date and place of record of any assignment of mortgage be averred in the pleading. 4. No description of the land subject to the mortgage in question is contained in the amended complaint. 5. Rule 1147, Pa. R.C.P. requires that a description of the land subject to the mortgage be set out in the pleading. 4. Under Pa. R.C.P. 1028(a)(2), a party may preliminarily object by way of a motion to strike offa pleading because of lack of conformity to rule of court. 7. The first amended complaint is defective under Rule 1019(h). 8. The first amended complaint being defective, it must be stricken. WHEREFORE, defendant respectfully requests that plaintit~s first amended complaint be stricken. Respectfully submitted, Attorney for Defendant, John D. Stone 9974 Molly Pitcher Highway Shippensburg, PA 17257 telephone: (717)532-9476 SHERIFF'S CASE NO: 2002-03652 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLJkND PNC BANK NA VS STONE JOHN D RETURN - REGULAR CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon STONE JOHN D the DEFENDANT , at 1329:00 HOURS, at 272 SOUTH WEST STREET CARLISLE, PA 17013 JOHN D STONE on the 16th day of August 2002 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this ~ day of ~ ~2~o2~ A.D. ~Fot~onotary So Answers: R. Thomas Kline ' o8/16/2oo2 SPEAR & HOFFMAN FEDERMAN AND PHELAN, LLP BY: FRANCIS S. HALLINAN Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 PNC Bank N.A. : Plaintiff : VS. John D. Stone Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 02-3652 PRAECIPE TO THE PROTHONOTARY: Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. __Please mark Judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. X Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: Francis S. Hallinan Attorney for Plaintiff