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Home My WebLink About07-5514IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE TERWIN MORTGAGE TRUST 2006-5, ASSET-BACKED CERTIFICATES, SERIES 2006-5, WITHOUT RECOURSE CIVIL Division Case Number: (-)?--%14 CjV(( Term PLAINTIFF VS Type of Pleading Complaint in Mortgage Foreclosure TERRIE A. MCCOLLUM DEFENDANT CERTIFICATE OF LOCATION Code and Classification: Filed on Behalf Of: Plaintiff 99 MILLERS GAP ROAD ENOLA, PA 17025 Township of Silver Spring TAX ID#: 38-04-0367-014 Counsel of Record: Daniel J. Mancini, Esquire Attorney at Law 201 A Fairview Drive Monaca, PA 15061 (724) 728-4 3 By: DANIEL J. MANCINI, ESQ. PA I.D. No. 39353 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfirm@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, CIVIL ACTION - LAW AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE TERWIN MORTGAGE TRUST CASE NO 2006-5, ASSET-BACKED CERTIFICATES, SERIES 2006-5, WITHOUT RECOURSE PLAINTIFF VS MORTGAGE FORECLOSURE TERRIE A. MCCOLLUM DEFENDANT CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. If YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Services, 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfirm@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, CIVIL ACTION - LAW AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE TERWIN MORTGAGE TRUST CASE NO 2006-5, ASSET-BACKED CERTIFICATES, SERIES 2006-5, WITHOUT RECOURSE PLAINTIFF VS MORTGAGE FORECLOSURE TERRIE A. MCCOLLUM DEFENDANT 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 UNTI 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 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 RECEIVE)) 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 CONSULIh ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN TIM SUIT. Daniel J. Mancini, Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfirm@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, CIVIL ACTION - LAW AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE TERWIN MORTGAGE TRUST CASE NO 07 SJ ?y tv? 2006-5, ASSET-BACKED CERTIFICATES, SERIES 2006-5, WITHOUT RECOURSE PLAINTIFF VS MORTGAGE FORECLOSURE TERRIE A. MCCOLLUM DEFENDANT COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is: U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE TERWIN MORTGAGE TRUST 2006-5, ASSET-BACKED CERTIFICATES, SERIES 2006-5, WITHOUT RECOURSE, whose address is c/o Mancini & Associates, 201 A Fairview Drive, Monaca, PA 15061. 2. Defendant is TERRIE A. MCCULLOM, whose last known address is 99 MILLERS GAP ROAD, ENOLA, PA 17025. TERRIE A. MCCULLOM is the mortgagor and the recorded owner of the mortgaged property hereinafter described. 3. On or about, January 26, 2006, TERRIE A. MCCULLOM borrowed $96,000.00 and in the enforcement of said debt executed and delivered a mortgage upon the premises hereinafter described to the lender MERS AS NOMINEE FOR OAK STREET MORTGAGE, INC. this mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Record Book 1939, Page 3766. This mortgage is are incorporated herein by reference in accordance with Pa. R.C.P. 1019 (g).Your plaintiff, U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE TERWIN MORTGAGE TRUST 2006-5, ASSET-BACKED CERTIFICATES, SERIES 2006-5, WITHOUT RECOURSE is now the current owner of said mortgage, and the assignment evidencing this ownership will be sent for recording at a later date. 4. The land subject to the Mortgage is 99 MILLERS GAP ROAD, ENOLA, PA 17025, and is more particularly described in Exhibit "A", which is attached hereof and part of this Complaint. 5. The Mortgage is in default because monthly payments of principal and interest upon said mortgage due June 1, 2007, and each month thereafter are due and unpaid, and by the terms of said Mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. Unpaid Principal Balance $ 95,048.06 Delinquent Balance, including Interest at $18.55 per diem $ 4,157.45 From 05/01/07 to 09/17/07 (based on contract rate of 7.125%) Rec. Corp. Adv. $ 000.00 Escrow Advance $ 000.00 Accrued Late Charges $ 290.97 Bad CK Fees $ 00.00 Attorney's Fee $ 4,752.40 Total $ 104,248.88 ** Together with interest at the per diem rate noted above after June 1, 2007 and other charges and costs to date of Sheriff's Sale. The Attorney's Fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable, or that are actually incurred by Plaintiff. 6. No judgment has been entered upon said Mortgage in any jurisdiction. 7. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 or 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant on AUGUST 9, 2007, via certified and regular mail, in accordance with the requirements of those acts. 8. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 9. The Defendant has either failed to meet the time limitations as set forth under the Combined Act 6/91 Notice or have been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure `IN REM' for the aforementioned total amount due together with interest at the rate of 7.125% ($18.55 per diem), together with other charges and costs incl ding escrow advances incidental thereto to the date of Sheriffs Sale and for foreclosure and a of the property within described. Daniel J. Mancmi, Esq. Attorney Bar: PA 39353 0 0 LEGAL DESCRIPTION for 06CR00505; ALL THAT CERTAIN TR CT OF LAND WITH THE IMPROVEMENTS THEREON ERECTED SITUATE IN THE TOWNSHIP OF SILVER RING, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. BOUNDED AND DESCRI ED ACCORDING TO A SURVEY OF JOHN G. ROBINSON, REGISTERED PROFESSIONAL ENGIN ER, DATED JUNE 17, 1966, AS FOLLOWS, TO WIT: BEGINNING AT A POIN AT CORNER OF LAND 1 CENTER LINE OF SAID POINT, THENCE ALONI ECKERT, HIS WIFE, NO SAME, NORTH I i DEOF ALONG THE AFOREME DEGREES 45 MINUTES (T-594), AFORESAID, Al PROPERTY KNOWN TAX ID #: 39.04.0367-01 IN THE CENTER LINE OF A PUBLIC TOWNSHIP ROAD (T•594) WHICH SAID POINTS IW OR LATE OF PAUL LOGAN AND NELLIE LOGAN, HIS WIFE, THENCE ALONG THE 1BLIC TOWNSHIP ROAD, SOUTH I I DEGREES 5 MINUTES EAST, 200 FEET TO A (l-M LINE OF LANDS NOW OR FORMFRLY OF LESTER E. ECKERT AND MARIA H. H 89 DEGREES 30 MINUTES WEST, 325 FEET TO AN IRON PIN; 71-IENCE BY THE ES 5 MINUTES WEST. 200 FEET TO AN IRON PIN; THENCE BY THE SAME AND PIONED LANDS OF PAUL LOGAN AND NELLIE LOGAN, HIS WIFE, SOUTH E9 LST, 325 FEET TO A POINT IN THE CENTER LINE OF THE PUBLIC TOWNSHIP ROAD HE POINT AND PLACE OF BEGINNING. MILLERS GAP ROAD, ENOLA, PA 17025. \- l Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfirm@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, CIVIL ACTION - LAW AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE TERWIN MORTGAGE TRUST CASE NO 2006-5, ASSET-BACKED CERTIFICATES, SERIES 2006-5, WITHOUT RECOURSE PLAINTIFF VS MORTGAGE FORECLOSURE TERRIE A. MCCOLLUM DEFENDANT VERIFICATION Daniel J. Mancini, Esq., hereby states that he is the attorney for Plaintiff in this matter, that He is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure 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. Further, counsel submits that Plaintiff is outside the court's jurisdiction and verification cannot be obtained with the time allowed for filing the pleading. It is counsel's intention to substitute a verification from Plaintiff. Dated this 17'h Day of September 2007 Daniel J. Mancim, Esq. Attorney Bar: Pa 39353 EP- 0 c IA-' b V rp 0 N a SHERIFF'S RETURN - REGULAR CASE NO: 2007-05514 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS MCCOLLUM TERRIE A GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon Mr''rlr)T.T.TTM T71:?T?T-P A the DEFENDANT , at 1505:00 HOURS, on the at 99 MILLERS GAP RAOD ENOLA, PA 17025 by handing to TRAVIS MCCOLLUM SON 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 Service ? Affidavit 41?? Surcharge jol d Sworn and Subscibed to before me this of So Answers: 18.00 s/ 9.60 .00 10.00 R. Thomas Kline .00 37.60 10/04/2007 DANIEL MANCINI By: day Deputy She f A.D. 1st day of October , 2007 IN THE COURT OF CO COMMONWE oLTH PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE TERW MORTGAGE TRUST 2006-5, ASSET-BACKED CERTIFICATES, SERIES 2006-5, WITHOUT RECOURSE CIVIL ACTION - LAW PLAINTIFF VS TERRIE A. MCCOLLUM DEFENDANT CERTIFICATE OF LOCATION 99 MILLERS GAP ROAD ENOLA, PA 17025 Township of Silver Spring TAX ID#: 38-04-0367-014 CIVIL Division Case Number: 07-5514 Type of Pleading Praecipe to Settle and Discontinue Case in Mortgage Foreclosure Code and Classification: Filed on Behalf of. Plaintiff Counsel of Record: Daniel J. Mancini, Esquire Attorney at Law 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 By: DA1VI L J. MANC PA I.D. No. 39353 ESQ. t po Daniel Mancini & Associates Daniel J. Mancini, Esq., 0 PA Bar ID: 39353 a 201 A Fairview Drive ra C7 Monaca, P .- A 15061 (724)728-4233 °`:- --? ZIP ti N) IN THE COURT OF t COMMON PLEAS U.S. BANK NATIONAL ASSOCIATION, ' CUMBERLAND COUNTY PENN SYWA AS TRUSTEE, ON BEHALF OF THE HOLDERS CIVIL rn OF THE TERWIN MORTGAGE TRUST ACTION -LAW ? 2006-5, ASSET-BACKED CERTIFICATES, SERIES 2006-5, WITHOUT RECOURSE CASE NO 07-5514 ? PLAINTIFF VS TERRIE A. MCCOLLUM MORTGAGE FORECLOSURE DEFENDANT FORECLOSURE WIT t-UVVER OF H RIGH O RE TOLENE TO THE PROTHONOTARY pF SAIp COURT: You are hereby authorized, empowered, and directe on the records thereof: d to enter, as indicated, the following A 1. --X__ the within suit is Settled, Discontinued, Ended Ing paid and Plaintiff reserves right to file another foreclosure its obligations to Plaintiff. WITHOUT Prejudice and costs e action should Defendant fail with Date: Ma 22 2008 WITNESS (if signer is other than a registered attorney): Signature f authorizing party ttorne r Daniel J. Mancini Es . Notary UNDERSTAND THAT COSTPgYMENT Type or print name of above signer T VE AVE B HE ABOVE ACTION reti??„TRIFICATION Signature spa S? 65) j O y' I -Term MANCINI ASSOCIATES 201 A Fairview Drive Monaca, PA 15061 Phone (724) 72$-4233 Fax (724) 728-4239 Daniel J. Mancini, Esq. Licensed in PA & FL Cumberland County Prothonotary 1 Courthouse Square May 22, 2008 Carlisle, PA 17013 RE: U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE TERWIN MORTGAGE TRUST 2006-52 ASSET-BACKED CERTIFICATES, SERIES 2006-50 WITHOUT RECOURSE Vs TERRIE A. MCCOLLUM To the Prothonotary: Enclosed please find a Praecipe to discontinue and mentioned case. I have enclosed the original and one co settle the above Should you have an py' do not hesitate to contact me. or need any additional documents please e• Your assistance in this matter is appreciated. greatly Respectf(;411y Submitted, Daniel J. Mancini, Esq. Bar No. 39353