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HomeMy WebLinkAbout07-2299PHELAN 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 149213 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR HSBC BANK (USA), INC., SERIES HASCO 2006-HE1 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff v. BRUCE DEVONSHIRE A/K/A BRUCE K. DEVONSHIRE LAUREN A. DEVONSHIRE 260 EAST LOUTHER STREET CARLISLE, PA 17013 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 149213 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 #: 149213 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 #: 149213 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 #: 149213 Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR HSBC BANK (USA), INC., SERIES HASCO 2006-HE1 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: BRUCE DEVONSHIRE A/K/A BRUCE K. DEVONSHIRE LAUREN A. DEVONSHIRE 260 EAST LOUTHER STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/07/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR WMC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1958, Page: 984. 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 #: 149213 5 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11 /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 $52,436.82 Interest $2,462.25 10/01/2006 through 04/19/2007 (Per Diem $12.25) Attorney's Fees $1,250.00 Cumulative Late Charges $40.56 07/07/2006 to 04/19/2007 Cost of Suit and Title Search $550.00 Subtotal $56,739.63 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $56,739.63 7 If the mortgage is reinstated prior to a Sheriffs 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. File #: 149213 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 #: 149213 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 $56,739.63, together with interest from 04/19/2007 at the rate of $12.25 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 H LINAN &SCHMIEG, L By: /s/Francis/~ali an 4 LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 149213 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land or lot of ground, situate on East Louther Street, known and numbered as No. 260, in the Borough of Carlisle, County of Cumberland, and State of Pennsylvania, bounded and described as follows: ON the North by East Louther Street, on the East by lot formerly of Jennie Adams, now or formerly of Herbert Morrow, on the South by a 12 foot alley; on the West by the lot formerly of Elizabeth and Duval Carbaugh, now or formerly of Mildred Myers; containing 24 feet in front on East Louther Street, and 197 fee in depth, more or less, to the said 12 foot alley. TOGETHER with the improvements erected thereon known and numbered as 260 E. Louther Street, Carlisle, Pennsylvania. THIS lot is conveyed with the understanding that when the present back building erected thereon is torn away, there shall be no right given to project the roof over on Lot No. 258. PROPERTY BEING: 260 EAST LOUTHER STREET File #: 149213 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. ~~l~e FRANCS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ~7 w n ~. D ~. d -Z`' C` `v i~; ~~;, fir; .~ ;-) ~- rv 0 0 -.~ ~• -ta a 3a. G7 t.+~ W ~~ ~p _~~ C.~ -'G PHELAN HALLINAN £~ SCHMIEG, LLP Lawrence T. Phelan, Esquire I.D. No. 32227 Francis S. Hallinan, Esquire I.D. No. 62695 Daniel G. Schmieg, Esquire I.D. No. 62205 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Deutsche Bank National Trust Compnay, as Trustee for HSBC Bank (USA), Inc., Series HASCO 2006-HE1 Plaintiff Court of Common Pleas Cumberland County vs. No. 07-2299 Civil Term Bruce Devonsire A/I~/A Bruce K. Devonshire Lauren A. Devonshire Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT, WITHOUT PRETUDICE , 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. .~ ~ 7 Date Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Attorneys for Plaintiff 149213 ° ~ ~ ~ ~ ~ ,d i ~ ~ ~ G~ `'rt, i "- ~ - "t) ~} {"7 f"'j Lw~" ~^'w SHERIFF'S RETURN - REGULAR GLASE NO: 2007-p2299 P COMMONWEALTH O PENNSYLVANIA: COUNTY OF CUMB RLAND DEUTSCHE BANK $~TATIONAL TRUST DEVONSHIRE BRUCE ET AL DEFENDANT at 260 EAST LOU CARLISLE, PA 17 LAUREN DEVONSHI JESSICA HERMAN EN Sheriff or Deputy Sheriff of Cumberland Cou ty,Pennsylvania, who being duly sworn according to law, says, the with'n COMPLAINT - MORT FORE was served upon DEVONSHIRE BRU E AKA BRUCE K DEVONSHIRE the at 1528:00 HOURS, on the 3rd day of May 2007 ER STREET 13 WIFE by handing to a true and atte~ted copy of COMPLAINT - MORT FORE together with and at the sameltime directing Her attention to the contents thereof. Sheriff's Costs Docketing Service Affidavit Surcharge ~/.15/0 ~ Sworn and Subsci before me this of So Answers: 18.00 ,~ ~~ .00 10.00 R. Thomas Kline .00 i/ 32.80 05/04/2007 PHELAN HALLINAN SCHMIEG ed to By: day De u y Sheriff A.D. SHERIFF'S RETURN - REGULAR .'~-'ASE NO: 2007-02299 P COMMONWEALTH O PENNSYLVANIA: COUNTY OF CUMB RLAND DEUTSCHE BANK NATIONAL TRUST S DEVONSHIRE BRUCE ET AL JESSICA HERMAN EN Sheriff or Deputy Sheriff of Cumberland Cou ty,Pennsylvania, who being duly sworn according to law, says, the with n COMPLAINT - MORT FORE was served upon DEVONSHIRE LAU EN A the DEFENDANT ~, at 1528:00 HOURS, on the 3rd day of May 2007 at 260 EAST LOL~THER STREET CARLISLE, PA 1`013 LAUREN DEVONSHI 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 Costsl Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 6~~5'!b 9 .00 ~ 16.0 0 Sworn and Subsc bed to before me this day of , So Answers: R. Thomas Kline 05/04/2007 PHELAN HALLINAN SCHMIEG By: ' Dep t eriff A.D.