The URL can be used to link to this page

Home My WebLink About07-4112PHELAN 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 X215) 563-7000 157331 FIRST HORIZON HOME LOAN CORPORATION 4000 HORIZON WAY IRVING, TX 75063 Plaintiff v. JAY HELLMAN 5014 MUIRFIELD PLACE MECHANICSBURG, PA 17050-8311 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. D1' ''E l ~a CiYi (T+P-t'MH CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File ~!: 157331 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 #: 157331 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 #: 157331 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 #: 157331 1. Plaintiff is FIRST HORIZON HOME LOAN CORPORATION 4000 HORIZON WAY IRVING, TX 75063 2. The name(s) and last known address(es) of the Defendant(s) aze: JAY HELLMAN 5014 MUIRFIELD PLACE MECHANICSBURG, PA 17050-8311 who is/aze the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/14/2004 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: 1861, Page: 2906. 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 03/01/2007 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 #: 157331 6 The following amounts are due on the mortgage: Principal Balance $191,989.62 Interest $5,199.48 02/01 /2007 through 07/06/2007 (Per Diem $33.33) Attorney's Fees $1,250.00 Cumulative Late Charges $244.92 04/14/2004 to 07/06/2007 Cost of Suit and Title Search 750.00 Subtotal $199,434.02 Escrow Credit ($387.83) Deficit $0.00 Subtotal 387.83 TOTAL $199,046.19 7. 8. 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. 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 #: 157331 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. 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 $199,046.19, together with interest from 07/06/2007 at the rate of $33.33 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 LLIN &SCHMIEG, LLP f , By: s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 157331 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern right-of--way line of Muirfield Place (50 feet R.O.W.) on the dividing line of Lot No. 97 and Lot No. 98 as shown on the hereinafter mentioned Subdivision Plan. THENCE by aforementioned dividing line North 15 degrees 08 minutes 36 seconds West 138.70 feet to a point on the southern line of Lot No. 111, Phase I; thence by aforementioned lot line and that of Lot No. 112 North 87 degrees 46 minutes 04 seconds West 106.87 feet to a point on the dividing line of Lot No. 96 and Lot No. 97; thence by aforementioned dividing line South 04 degrees 13 minutes 15 seconds East 124.78 feet to a point on the northern right-of--way line of Muirfield Place; thence by aforementioned right-of--way line by a curve to the left having a radius of 425.00 feet an arc length of 81.2 feet to a point being the place of BEGINNING. BEING Lot No. 97 as shown on the Final Subdivision Plan of Turnbenry, Phase 2a, recorded in Plan Book 62, Page 111. UNDER AND SUBJECT to all applicable restrictions, reservations, easements and rights of way of record. File #: 15'7331 BEING the same premises which Victoria Glen Associates, a Pennsylvania General Partnership, and S & A Custom Built Homes, Inc., a Pennsylvania Corporation, by their Deed dated October 5, 1995 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 129, Page 771 granted and conveyed unto Jay D. Hellman and Virginia M. Hellman, husband and wife, Grantors herein. BEING THE SAME PREMISES THE TITLE TO WHICH BECAME VESTED ON THE MORTGAGORS HEREIN BY DEED OF: GRANTOR: JAY D HELLMAN AND VIRGINIA M HELLMAN DEED DATE: 4-14-2004 RECORDED IN COUNTY OF: CUMBERLAND VOLUME: 262 PAGE: 2771 04220484399 PARCEL#: 10-16-1060-131 PROPERTY BEING: 5014 MUIRFIELD PLACE File #: 157331 ~ ~ ~ ~ ~ ~~ ~ ~ ~' -~ ~ oo ~ c~ .. ~ -- r= ~`'° ~ , ~. ~ ~ (~ _ ~: ; ~ W b W~ ~, =, _ ~ <.~ c> ~ cry ~ 0 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 First Horizon Home Loan Corporation Jay Hellman Plaintiff vs. Defendant(s) PRAECIPE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 07-4112 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: ~ ZS V7 Francis S. Ha linan, Esquire Attorney for Plaintiff PHS# 157331 -raw ., ` r G -"' air' ._ m ~. ,~. f W - =~` ~.. ~ ~ ~ .- ~ ..- ~ SHERIFF'S RETURN - REGULAR CASE NO: 2007-04112 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST HORIZON HOME LOAN CORP VS HELLMAN JAY MEGAN HARLOW Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE HELLMAN JAY the DEFENDANT at 1740:00 HOURS, on the 12th day of July 2007 at 5014 MUIRFIELD PLACE MECHANICSBURG, PA 17050-8311 by handing to JAY HELLMAN 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 11.52 Affidavit .00 Surcharge 10.00 .00 5~ ~~~~? ~ / 39.52 Sworn and Subscibed to before me this day of , So Answers: ~~~ R. Thomas Kline 07/13/2007 PHELAN HALLINAN SCHMIEG By. ,G~ . ~~ Deputy heriff A.D. was served upon