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Home My WebLink About07-1892PHELAN 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 152347 THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE 9275 SKY PARK COURT THIRD FLOOR SAN DIEGO,, CA 92123 Plaintiff V. MICHAEL R. SHEW A/K/A MICHAEL R. SHEW, JR. ALYSSA A. CARTER 1654 NEWVILLE ROAD CARLISLE, PA 17013 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. np)" 0 '7ER1.1 iOLL CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 152347 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 #: 152347 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 #: 152347 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 #: 152347 Plaintiff is THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE 9275 SKY PARK COURT THIRD FLOOR SAN DIEGO,, CA 92123 2. The name(s) and last known address(es) of the Defendant(s) are: MICHAEL R. SHEW A/K/A MICHAEL R. SHEW, JR. ALYSSA A. CARTER 1654 NEWVILLE ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/07/2004 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR HOMECOMINGS FINANCIAL NETWORK, INCORPORATED which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1884, Page: 465. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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. File #: 152347 5 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2006 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. The following amounts are due on the mortgage: Principal Balance $141,607.39 Interest $4,885.60 11/0 1/2006 through 04/04/2007 (Per Diem $31.52) Attorney's Fees $1,250.00 Cumulative Late Charges $214.00 10/07/2004 to 04/04/2007 Cost of Suit and Title Search 750.00 Subtotal $148,706.99 Escrow Credit $0.00 Deficit $114.21 Subtotal 114.21 TOTAL $148,821.20 7 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 Sheriff s Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File #: 152347 8. 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. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 152347 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $148,821.20, together with interest from 04/04/2007 at the rate of $31.52 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, LLP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 152347 LEGAL DESCRIPTION ALL that certain tract of land situated in West Pennsboro Township, Cumberland County, Pennsylvania, being Lot 6 in the Plan of Ronald L. Jones in Plan Book 42, Page 82, bounded and described as follows: BEGINNING at an iron pin on Route 641 known as the Newville Road and corner of Lot 5 on the above mentioned plan; thence along Lot 5, South 4 degrees 37 minutes 34 seconds West, 175 feet to an iron pin at Lot 4; thence along Lot 4, North 85 degrees 22 minutes 26 seconds West, 246.58 feet to an iron pin at land now or formerly of Russel; thence along land now or formerly of Russel, North 32 degrees 15 minutes East, 197.52 feet to a point on the Newville Road; thence along said road, South 85 degrees 22 minutes 26 seconds East, 155.00 feet to Place of BEGINNING. CONTAINING 35,139.49 feet. Being the same premises which Max B. Killinger and Judith A. Killinger, his wife, by deed dated May 8, 1992, and recorded May 8, 1992, in and for Cumberland County, in the Office of the Recorder of Deeds, in Deed Book 35Q, Page 940, granted and conveyed unto Kathy L. Brooks, single woman. PROPERTY BEING: 1654 NEWVILLE ROAD File #: 152347 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 unworn falsification to authorities. _;?71VC4? FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: A c f'7 ra C rl C?7 -TI dr i ?.`J i - -d c SHERIFF'S RETURN - REGULAR CASE NO: 2007-01892 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK TRUST COMPANY VS SHEW MICHAEL R ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CARTER ALYSSA A the DEFENDANT at 1139:00 HOURS, on the 19th day of April , 2007 at 1654 NEWVILLE ROAD CARLISLE. PA 17013 MICHAEL SHEW 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 LL /0/36/0 16.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 10/23/2007 PHELAN HALLINAN SCHMIEG By : ? - l J Tai' 2?C Dep ty Sheriffs A.D. SHERIFF'S RETURN - REGULAR 'CASE NO: 2007-01892 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK TRUST COMPANY VS SHEW MICHAEL R ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHEW MICHAEL R AKA MICHAEL R SHEW JR DEFENDANT the , at 1139:00 HOURS, on the 19th day of April , 2007 at 1654 NEWVILLE ROAD CARLISLE, PA 17013 MICHAEL SHEW 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: So Answers: Docketing 18.00 _ Service 4.80 0Affidavit .00 Surcharge 10.00 R. Thomas Kline _ .00 IoJ3bfa1 32.80 10/23/2007 PHELAN HALLINAN SCHMIEG Sworn and Subsc ibed to By : }? ? ( U before me this day Deputy Sheriff of A.D. SHERIFF'S RETURN - OUT OF COUNTY 'CASE NO: 2007-01892 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK TRUST COMPANY VS SHEW MICHAEL R ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: CARTER ALYSSA A but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On October 23rd , 2007 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing Out of County Surcharge .00 16.00 ? IOJ1b -7 10/23/2007 PHELAN HALLINAN SCHMIEG So answ ---? 6.00 .00 10.00 R. Thomas Kline 00 Sheriff of Cumberland County Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY `CASE NO: 2007-01892 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK TRUST COMPANY VS SHEW MICHAEL R ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: SHEW MICHAEL R AKA MICHAEL R SHEW JR but was unable to locate Him deputized the sheriff of FRANKLIN in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On October 23rd , 2007 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: So answ Docketing 6.00 Out of County 9.00 / Surcharge 10.00 R. Thomas Kline Postage 1.35 Sheriff of Cumberland County .00 2 6 .3 5 10/23/2007 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of A. D. Phelan Hallinan & Schmieg, LLP 1617 JFI~ Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563»7000 Attorney For Plaintiff THE B~TK OF NEWYORK TRUST COMPANY, N.A. A SUCCESSOR TO JPMORGAN CHASE BANK,:A AS TRUSTEE Plaintiff vas MICHt~EL R. SHEW A/K/A if vIICHAEL R. SHEW, jR. ALYSS.A A. CARTER Defendant Court of Common Pleas Civil Division ~ CUMBERLAND County No. 07-1892 CV PRAECIPE ~ ~ rn a- ° o TO THE PRO'~'HONOTARY: ~ ~ .`-', Please withdraw the complaint an cn ~" d mark the action discontinued and ended w}~.i rv t ° prejudice.. 0 ~ ~ C p ~ _ ,. Date: October 1$`, 2010 PHELAN HALLINAN & SCHMIEG, LLP.~~ c~~cs , By. ~ 6 Lawrence T. Phel q., Id: No. 32227 Francis S. Hallman, Esq., Id. No. 626.95. Daniel G. Schmieg, Esq., Id. No. 62205 'y Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 ~3lieetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791.. i ~ ~ ` ~ Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq.,,Id. No. 208375 PHS# ] 52 47 Attorneys for Plaintiff --~ z~ ~- -,~ r ~~ c~ ° -+o ~=-,-~ o -ri ~- O I~ -c