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Home My WebLink About02-3858FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALL1NAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE SUITE 350 MCLEAN, VA 22102 Plaintiff BRADLEY R. CAMPBELL BONNIE G. CAMPBELL 302 SOUTH ENOLA DRIVE ENOLA, PA 17025 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY Defendant(s) CIVIl, ACTION - I,AW COMPI,AINT IN MORT~AC.E FORECI,OfllIRE 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 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 0105484893 NZB 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: AURORA LOAN SERVICES 601 5TM AVENUE SCOTTSBLUFF, NE 69361 The name(s) and last known address(es) of the Defendant(s) are: BRADLEY R. CAMPBELL BONNIE G. CAMPBELL 302 SOUTH ENOLA DRIVE ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 6/28/00 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to NATIONAL CITY MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1625, Page 232. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 3/1/02 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance Interest 2/1/02 through 7/1/02 (Per Diem $21.17) Attorney's Fees Cumulative Late Charges 6/28/00 to 7/1/02 Cost of Suit and Title Search Subtotal $85,866.49 3,196.67 1,250.00 0.00 ~50 00 $90,863.16 Escrow Credit 0.00 Deficit 48.70 Subtotal ~ 48 70 TOTAL $90,911.86 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $90,911.86, together with interest from 7/1/02 at the rate of $21.17 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. FEDE AN AND PHEL By: ~~---'~ ~/ FP,~l~, FEDERMAN, ~--SQ/Ui~- LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff fi.EL TI:L~T CE~,TAll~ piece, paJ-eel er ~ct cf l~d sidle in'~t Tu~p. Cumbor~nd ~u~, Pe~ns~l~i~, si~a~ cn ~c e~crIy ~id~ ~f Sou~ ~nola D~vc, de~c~bed ~ accor~n~ ~ a ~cy ~ted J~e 15, 1988, bearin~ d~nR ~o. CC-~3, prepared b~ WflE~ A. Bush ~d A~s~ a co~ of which is ~-~h~ hcr~Io, which prcmlacs ~ bounde~ ~nd dc~crib~ ~s fo~ows, ~o ~ BE~-INNIN~ on ~n i.mn pin on thc easterly right-of-way Line of Sou~ Eno~ DHvc at Une of l~d~ now or fo~erIy of R~ss C. ~d ~r~ces T. Btosscr; ~encc ~cng Sou~k ~nola Drive No~ ~i~-~rce (aa} de~ fi~-eight (58) West ror~-~ {49} ~d thi~-~r~ [33] h~d~s feet ~o ~ d~ hole llne ogles now or fo~erly afWi~= ~ M~; ~ence along ~e Not~ s~- one {611 de~e~ sav=n [0~ minutes ~e {03) ~conds East ane h~dred s~ and ~n~-cight h~d~s {146.28} feet ~ a iron ~ an ~c westerly side of a 16 foo~ ~de ~; ~cnc¢ ~o~ s~c Sou~ ~cc flacon (15) m~utes ~o ~cconds ~s~ ~ (501 fcct W ~ ir~ pi~ aC I~c of land ~o~d; ~cn~ ~on~ ~c S~ s~ne (61} de~s minut~ zero {~0} lecond~ Wc:t one h~drcd fo.-five ~d bund:ed,s (145.72) fset to ~e kon p~ at ~e po~t and p~ce of ~EGINNING. BEING ~ ~: 302 SOo'i'U ~0~ DRIP. ~O~. PA 17025. VERIFICATION FRANK FEDERMAN, ESQUIRE hereby states that he is attorney for Plaintiffin this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification fi.om Plaintiff as soon as it is received by counsel. The undersigned understands that tiffs statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unswom falsification to authorities. Frank Federman, Esquire Attorney for Plaintiff SHERIFF'S RETURN CASE NO: 2002-03858 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTR3~TI VS CAMPBELL BRADLEY R ET AL - REGULAR SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CAMPBELL BP~kDLEY R the DEFENDANT , at 1908:00 HOURS, at 302 SOUTH ENOLA DRIVE ENOLA, PA 17025 BRADLEY CAMPBELL a true and attested copy of COMPLAINT - on the 19th day of August , 200__2 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 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this 2~ day of ~o~ A.D. ' Prothonotary So Answers: R. Thomas Kline 08/20/2002 FEDERMAN & PHELAN SHERIFF'S RETURN CASE NO: 2002-03858 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTR3tTI VS CBJ4PBELL BRADLEY R ET AL - REGULAR SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CAMPBELL BONNIE G the DEFENDANT at 1908:00 HOURS, at 302 SOUTH ENOLA DRIVE ENOLA, PA 17025 BRADLEY CAMPBELL, HUSBAND on the 19th 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~._~, day of ~.~ ~ ~ A.D. ~r6thonotary So Answers: R. Thomas Kline 08/20/2002 FEDERMANBy: & PHE~~ JD~put~ Sheriff