Loading...
HomeMy WebLinkAbout07-5110 PHELAN 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 1bo178 PROPERTY ASSET MANAGEMENT, INC. 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff v. DAN L. DAVENPORT, JR. ERIN M. HOUSER 237 SUSQUEHANNA AVENUE ENOLA, PA 17025 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 0'1 - 5110 Civil (arm CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 160178 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 aze 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 Baz Association 32 South Bedford Street Cazlisle, PA 17013 (800)990-9108 File #: 160178 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 #: 160178 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 #: 160178 1. Plaintiffis PROPERTY ASSET MANAGEMENT, INC. 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) aze: DAN L. DAVENPORT, JR ERIN M. HOUSER 237 SUSQUEHANNA AVENUE ENOLA, PA 17025 who is/aze the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/22/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1974, Page: 1268. 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 aze incorporated herein by reference in accordance with Pa.R.C.P. 1019(8); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents aze 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 OS/O1 /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 #: 160178 i 6. The following amounts are due on the mortgage: Principal Balance $90,154.92 Interest $2,85b.50 04/01/2007 through 08/23/2007 (Per Diem $19.70) Attorney's Fees $1,250.00 Cumulative Late Charges $66.34 11/22/2006 to 08/23/2007 Cost of Suit and Title Search 550.00 Subtotal $94,877.76 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $94,877.76 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 #: 160178 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 $94,877.76, together with interest from 08/23/2007 at the rate of $19.70 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/& SCHMIE LP ~~I,II,-'d -`~ By: s/Francis S. Hallin LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 160178 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in East Pennsboro Township, County of Cumberland, Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING in the southerly line of Susquehanna Avenue, at the distance of 370 feet measured eastwardly along said line of Avenue from the northeasterly extremity of the arc or curve having a radius of 10 feet connecting the easterly line of Wyoming Avenue with the southerly line of Susquehanna Avenue; extending thence eastward along the southerly line of Susquehanna Avenue curving toward the right with a radius of 225 feet, a distance of 60 feet; thence South 31 degrees curving toward the right with a radius of 225 feet, a distance of 60 feet; thence South 31 degrees 36 minutes 20 seconds West (passing through the middle of the partition wall between the house on this lot and the house on the adjoining lot to the east), 149.677 feet; thence North 74 degrees 52 minutes 31 seconds West, 19.854 feet; and thence North 16 degrees 19 minutes 36 seconds East, 152.757 feet to the place of BEGINNING. PARCEL NO: 09-14-0832-082. PROPERTY BEING: 237 SUSZUEHANNA AVENUE File #: 160178 i ~ VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the coutt 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. r J Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: ' `"' ra '.~ ~ R ~ ~ -.~ :. ~ ~ ~ 'y'=- tv ~-~'~ ,.~ ps ~ ~_ ....i ,•~} d ~~ rn ~y ~ ~ ~ ~ ~ PHELAN HALLINAN ~ SCHMIEG, LLP Lawrence T. Phelan, Esquire I.D. No. 32227 Francis S. Hallman, 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 Property Asset Management, Inc. Plaintiff Court of Common Pleas Cumberland County vs• No. 07-5110 Civil Term Dan L. Davenport, Jr. Erin M. Houser Defendant(s) PRAEC~PE TO WITHDRAW COMPLAINT, WITHOUT PRETUDICE1 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. 9 Date ~-' Lawrence T. Phe an, Esquire Francis S. Hallman, Esquire Daniel G. Schmieg, Esquire Attorneys for Plaintiff 160178 ~~*"~ .,. Q , ...~' SHERIFF'S RETURN - REGULAR l •~. CASE NO: 2007-05110 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROPERTY ASSET MANAGEMENT INC VS DAVENPORT DAN L JR KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE DAVENPORT DAN L JR was served upon the DEFENDANT at 1819:00 HOURS, on the 28th day of August 2007 at 237 SUSQUEHANNA AVENUE ENOLA, PA 17025 TlT AT T'1T [TL+A7 T]/'1D R+ .TD 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 18.00 Service 14.40 Affidavit .00 Surcharge 10.00 00 9 JD ~~41 ~r» 4 Sworn and Subscibed to before me this day So Answers: ~ 1' R. Thomas Kline 08/29/2007 PHELAN HALLINAN & SCHMIEG By: of A.D. -.CASE NO: 2007-05110 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROPERTY ASSET MANAGEMENT INC VS DAVENPORT DAN L JR KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says,-the within COMPLAINT - MORT FORE was served upon HOUSER ERIN M the DEFENDANT at 1819:00 HOURS, on the 28th day of August 2007 at 237 SUSQUEHANNA AVENUE ENOLA, PA 17025 by handing to DAN DAVENPORT (ADULT IN CHARGE) 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 g1e~~a~ (~ 16.0 0 Sworn and Subscibed to before me this day of , So Answer '~E~ R. Thomas Kline 08/29/2007 PHELAN HALLINAN & SCHMIEG By: A.D.