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HomeMy WebLinkAbout07-1491PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 150872 CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 V. Plaintiff MICHAEL L. BAKER A/K/A MICHAEL L. BAKER, SR. SHERRY W.STEVENS 105 CLAIRNDON PLACE CARLISLE, PA 17013 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 6-y,jqt?j (?;cj?L "-?hj CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 150872 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 150872 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 File #: 150872 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. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 150872 1. Plaintiff is CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 2. The name(s) and last known address(es) of the Defendant(s) are: MICHAEL L. BAKER A/K/A MICHAEL L. BAKER, SR. SHERRY W. STEVENS 105 CLAIRNDON PLACE CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/10/2000 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1644, Page: 766. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01 /2006 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. File #: 150872 6. The following amounts are due on the mortgage: Principal Balance $96,681.86 Interest $4,088.56 09/01/2006 through 03/15/2007 (Per Diem $20.86) Attorney's Fees $1,250.00 Cumulative Late Charges $196.37 10/10/2000 to 03/15/2007 Cost of Suit and Title Search $550.00 Subtotal $102,766.79 Escrow Credit $0.00 Deficit $214.48 Subtotal 214.48 TOTAL $102,981.27 7 8 If the mortgage is reinstated prior to a Sheriff s Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 150872 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured- WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $102,981.27, together with interest from 03/15/2007 at the rate of $20.86 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. PHELAN HALLINAN & SCHMIEG, L By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 150872 LEGAL DESCRIPTION ALL THAT CERTAIN lot, parcel, piece of ground with the improvements thereon erected, situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with Walton Avenue Plan of Lots recorded in Plan Book 11 page 34, as revised by survey made by Noel B. Smith, R.S., dated November 10, 1971, as follows, to wit: BEGINNING at a point on the northern line of Claridon Place cul-de-sac, having a radius of Thirty-seven and Fifty hundredths (37.50) feet at the dividing line between Lot Nos. 12 and 13; thence along the eastern line of said Lot No 12, now or late of Harold R. Shover and wife, North Four (4) degrees Thirty-four (34) minutes West, a distance of Seventy-nine and Seven hundredths (79.07) feet to a point in line of land now or late of Brunner; thence along said line of land of Brunner, South Eight-five (85) degrees Twelve (12) minutes Ten (10) seconds East, a distance of One Hundred Twenty-four and Ten hundredths (124.10) feet to a point; thence South Seven (7) degrees Thirty (30) minutes West, a distance of Eighty-nine (89) feet to a stake at the dividing line between Lot Nos. 13 and 14; thence still South Seven (7) degrees Thirty (30) minutes West, a distance of approximately Twenty (20) feet to point parallel to the dividing line between Lot Nos. 13 and 14 and Twenty (20) feet southwardly therefrom; thence through Lot No. 14 by a line parallel to the line separating Lot Nos. 13 and 14 and Twenty (20) feet South of said line, South Eighty-seven (87) degrees Twenty (20) minutes Thirty-four (34) seconds West, a distance of approximately Sixty-six (66) feet to a point on the eastern line of Claridon Place cul- de-sac, having a radius of Thirty-seven and Fifty hundredths (37.50) feet; thence by the eastern line of said cul-de-sac, by a curve to the left a distance of approximately Twenty (20) feet to a point on the dividing line between Lot Nos. 13 and 14; thence still along said Claridon Place cul- File #: 150872 de-sac by a curve to the left having a radius of Thirty-seven and Fifty hundredths (37.50) feet, an arc distance of Fifty-five and Sixty-two hundredths (55.62) feet to a point, THE PLACE OF BEGINNING. BEING all of Lot No. 13 and the northernmost Twenty (20) feet of Lot No. 14 as shown on said Walton Avenue Plan of Lots recorded as aforesaid, as revised by said survey by Noel B. Smith, R.E., dated November 10, 1971 on which tract of land is erected a ranch type dwelling house with attached garage known and numbered as 105 Claridon Place. BEING the same premises which Barbara A. Haas, formerly Barbara A. Darr and John John D. Haas, her husband, by deed dated June 2, 1997 and recorded June 3, 1997 in the Office of the Recorder of Deeds for Cumberland County in Deed Book 158 page 1004, granted and conveyed to Charles J. Moose Jr. and Natasha M. Moose, his wife. PROPERTY BEING: 105 CLAIRNDON PLACE File #: 150872 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in 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 on 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 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. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ?? © / oa b? 0 tv C`?? PHELAN HALLINAN & SCHMIEG, LLP 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 HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff VS. MICHAEL L. BAKER A/K/A MICHAEL L. BAKER, SR. SHERRY W.STEVENS Defendants No. 07-1491 PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: April 19, 2007 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY PHELAN HALLINAN & S HMIEG, LLP By: ? S• F NCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff /jmr, Svc Dept. File# 150872 44- 1` R V Cl% ° C3x .a r ?PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Chase Home Finance LLC, s/b/m to Chase Manhattan Mortgage Corporation Plaintiff vs. Michael L. Baker, a/k/a Michael L. Baker, Sr. Sherry W. Stevens Defendant(s) PRAECIPE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF : Court of Common Pleas Civil Division : Cumberland County : No. 07-1491 CIVIL TERM X 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. Please withdraw the complaint and mark the action discontinued ended without prejudice. Date: '56 Lo Francis S. Hallinan, Esquire Attorney for Plaintiff PHS# 150872 C o 0 -T7 C,J rn SHERIFF'S RETURN - REGULAR C,J,SE NO: 2007-01491 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE HOME FINANCE LLC ET AL VS BAKER MICHAEL L ET AL MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon STEVENS SHERRY W the DEFENDANT , at 1645:00 HOURS, on the 21st day of March , 2007 at CUMBERLAND CO COURTHOUSE CARLISLE, PA 17013 MICHAEL BAKER, BOYFRIEND ONE COURTHOUSE SQUARE 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 3I z4rb L?- 16.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 03/22/2007 PHELAN HALLINAN SCHMIEG By: Deputy Sheriff of A. D. SHERIFF'S RETURN - REGULAR CwSE NO: 2007-01491 P j COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE HOME FINANCE LLC ET AL VS BAKER MICHAEL L ET AL MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon unu147u MT( uA1: T, T. AKA MTr WART, T, RAKRR SR the DEFENDANT , at 1645:00 HOURS, on the 21st day of March 2007 at CUMBERLAND CO COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to MICHAEL BAKER 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 4.80 Affidavit .00 Surcharge 10.00 00 gj?q(o'1 f 32.80 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 03/22/2007 PHELAN HALLINAN SCHMIEG By: D e(p u S i f f A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-01491 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE HOME FINANCE LLC ET AL VS BAKER MICHAEL L ET AL JESSICA HERMANSEN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE STEVENS SHERRY W the DEFENDANT , at 2111:00 HOURS, on the 3rd day of May , 2007 at 105 CLAIRNDON PLACE CARLISLE. PA 17013 SHERRY STEVENS was served upon by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 .00 /a?b7 32.80 Sworn and Subscibed to before me this day of , So Answers: /??.. 42"rv 1.. yr" J. ,.J..a• R. Thomas Kline 05/04/2007 PHELAN HALLINAN SCHMIEG By. AWQ Dep t Sheriff A.D.