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Home My WebLink About07-4650PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. kIALLINAN, ESQ., Id. No. 62695 DANIEL G. S~HMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 ~215~ 563-7000 1592os PHH MORTGAGE CORPORATION 3000 LEADE;NHALL ROAD OR 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 v Plaintiff PATRICK T. 'GOONEY JENNIFER A'. BEATNIK 6349 MERCURY DRIVE MECHANICSBURG, PA 17050 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM No. !~~' --~1~5'd l.. icy t C ~~1Z. CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 159205 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 maybe 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 Fiie #: 159205 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 #: 159205 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 #: 159205 Plaintiff is PHH MORTGAGE CORPORATION 3000 LEADENHALL ROAD OR 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: PATRICK T. GOONEY JENNIFER A. BEATNIK 6349 MERCURY DRIVE MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/26!2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR ERA HOME LOANS which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1953, Page: 4415. 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. 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 #: 154205 6. The following amounts are due on the mortgage: Principal Balance $189,374.60 Interest $7,926.72 02/01/2007 through 08!0312007 (Per Diem $43.08) Attorney's Fees $1,250.00 Cumulative Late Charges $567.52 05/26/2006 to 08/03/2007 Cost of Suit and Title Search 750.00 Subtotal $199,868.84 Escrow Credit $0.00 Deficit $2,594.14 Subtotal 2 594.14 TOTAL $202,462.98 7. 8 9. 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. The mortgage premises are vacant and abandoned. File #: 159205 WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $202,462.98, together with interest from 08/03/2007 at the rate of $43.0$ 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 LIN HMIEG, LLP By: s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIItE Attorneys for Plaintiff File #: 159205 LEGAL DESCRIPTION ALL THAT CERTAIN Unit, being Unit No. D-2 (the'Unit'), of Silver Creek at Hampden, a Townhome Condominium (the 'Condominium'), located in HAMPDEN TOWNSHIP, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium of Silver Creek at Hampden, a Townhome Condominium (the 'Declaration of Condominium') recorded in the Office of the Cumberland County Recorder of Deeds in Miscellaneous Book 724, Page 70, and in the Declaration Plats and Plans recorded simultaneously in the aforesaid Office in Right of Way Plan Book 13, Page 130, together with any and all amendments thereto. TOGETHER with the undivided percentage interest in the Common Elements appurtenant to the Unit as more particularly set forth in the aforesaid Declaration of Condominium, as last amended. TOGETHER with the right to use the Limited Common Elements applicable to the Unit being conveyed herein, pursuant to the declazation of Condominium and Declazation Plats and Plans, as last amended. BEING THE SAME premises which West Hampden Limited Partnership, a Pennsylvania limited partnership, by Deed bearing date the 26th day of May, 2006, and about to be herewith recorded in the Office of the Recorder of Deeds, in and for the County of Cumberland, Pennsylvania, granted and conveyed unto Patrick T. Cooney and Jennifer A. Blatnik. File #: 159205 UNDER AND SUBJECT to the Declaration of Condominium, to any and all other covenants, conditions, restrictions, rights-of--way, easements and agreements of record in the aforesaid Office, and matters which a physical inspection or survey of the Unit and Common Elements would disclose. Premises: 6349 Mercury Drive Parcel No. part of 10-18-1323-077 File #: 159205 VERIFICATION 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 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, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. ~/~e^:,- Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: ~~~"L -i+d~ °~ d~ ~ T ~ w ~4~`.. V ~, ~ 1 ~ C' "~ ~ " Cr_ ~ . -r+ a` ~ i ~ *~ ~ 7 t r ( 4 ~? ~~e ~' !'i F~~ "~-~ r^' SHERIFF'S RETURN - REGULAR CASE NO: 2007-04650 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS GOONEY PATRICK T 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 GOONEY PATRICK T the DEFENDANT at 1705:00 HOURS, on the 13th day of August 2007 at 6349 MERCURY DRIVE MECHANICSBURG, PA 17050 JENNIFER BEATNIK, WIFE 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 10.56 Affidavit .00 Surcharge 10.00 .00 ~l~~~n~ ~, 38.56 Sworn and Subscibed to before me this of So Answers: R. Thy omas Kline 08/14/2007 PHELAN HALLINAN SCHMIEG By: Deputy heriff day A.D. PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevazd, Suite 1400 Philadelphia, PA 19103-1814 j2151563-7000 PHH Mortgage Corporation Patrick T. Cooney Jennifer A. Blatnik Plaintiff vs. Defendant(s) PRA,ECIPE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 07-4650 CIVIL TERM X Please mark the above referenced case Discontinued and Ended without prejudice. Please mazk 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 mazk the action discontinued and ended without prejudice. Date: 1 0~ -~~., r-- Francis S. Hallinan, Esquire Attorney for Plaintiff PHS# 159205 -t~ r~ t,~ ~ Z , .~.. u~' ..:, ,, ~ ,Q _