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Home My WebLink About08-0009PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JUDITH T. ROMANO, ESQ., Id. No. 58745 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 160178 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. 68 - 09 Civ i t arr m 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 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 #: 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. Plaintiff is PROPERTY ASSET MANAGEMENT, INC. 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: DAN L. DAVENPORT, JR ERIN M. HOUSER 237 SUSQUEHANNA AVENUE ENOLA, PA 17025 who is/are 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 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 05/01/2007 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 #: 160178 6. The following amounts are due on the mortgage: Principal Balance $90,154.92 Interest $5,319.00 04/01/2007 through 12/26/2007 (Per Diem $19.70) Attorney's Fees $1,250.00 Cumulative Late Charges $66.34 11/22/2006 to 12/26/2007 Cost of Suit and Title Search 550.00 Subtotal $97,340.26 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $97,340.26 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. 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. 11. Defendants' application for assistance under Act 91 of 1983 has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $97,340.26, together with interest from 12/26/2007 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 & SCHMIEG, LLP By: r F NCIS S. HALLINAI4, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, 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. Being known as 237 Susquehanna Avenue, Enola, Pennsylvania. PARCEL NUMBER 09-14-0832-082 File #: 160178 VERIFICATION I hereby states that I am the attorney for the 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 I am 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 my 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 unworn falsifications to authorities. DATE: IZ4e/0,7 I- T W4 q Attorney for Plaintiff File #: 160178 e _7 0 AA -- l? 1 ( ..? J ? A C„n n? tx; ? ° c PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 PROPERTY ASSET MANAGEMENT, INC. Plaintiff VS. DAN L. DAVENPORT, JR. ERIN M. HOUSER Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 08-09-CIVIL TERM PRAECIPE TO REINSTATE CIVIL ACTIONIMORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. =LINAN SC dIEG, LLP By: F NCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: Februn 11, 2008 /jmr, Svc Dept. File# 160178 ?? C? ? ?° ?+' ?? ? ??, - - ? ? n .. 00 ? ? .?:. , r,..? ?'?'?- v? ..? ? ? f' PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan, Esquire IDENTIFICATION NO. 62695 1617 JFK Boulevard, Suite 1400 PHILADELPHIA, PA 19103 (215) 563-7000 Property Asset Management, Inc. Plaintiff vs. Dan L. Davenport, Jr Erin M. Houser Defendant(s) ATTORNEY FOR PLAINTIFF Cumberland County Court of Common Pleas CIVIL DIVISION NO. 08-09-CIVIL TERM PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Francis S. Hal inan, Esquire Attorney for Plaintiff Dated: 3-! 3-6e PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan, Esquire IDENTIFICATION NO. 62695 1617 JFK Boulevard, Suite 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF Property Asset Management, Inc. Plaintiff VS. Dan L. Davenport, Jr Erin M. Houser Defendant(s) Cumberland County Court of Common Pleas CIVIL DIVISION NO. 08-09-CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to Substitute Verification was sent via first class mail to the following on the date indicated below: Dan L. Davenport, Jr 237 Susquehanna Avenue Enola, PA 17025 Erin M. Houser 237 Susquehanna Avenue Enola, PA 17025 37 Francis S. Hallinan, Esquire Attorney for Plaintiff Dated: 13 - -j--o/ VERIFICATION Kevin Marks hereby states that he/she is Vice President of Loan Documentation of AMERICA'S SERVICING COMPANY, servicing agent for Plaintiff in this matter, that he/she 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/her knowledge, information and belief. The undersign(, understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 re ting to unworn falsification to authorities. Name: evm ar s DATE: December 27, 2007 Loan: 1100238841 Title:Vice President of Loan Documentation Company: AMERICA'S SERVICING COMPANY Wells Fargo Bank, N.A. as Attorney-in-fact File #: 160178 G o ' =IC ; av S w rn SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-00009 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROPERTY ASSET MANAGEMENT INC VS DAVENPORT DAN L JR ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT DAVENPORT DAN L JR but was unable to locate Him deputized the sheriff of DAUPHIN serve the within COMPLAINT - MORT FORE On February 27th , 2008 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answers:- Docketing 18.00 - Out of County 9.00 Surcharge 10.00 R. 'Thomas K1 e Mileage 14.40 Sheriff of Cumberland County Postage 1.65 53.05 ? 31'2>DP ?^ 02/27/2008 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of County, Pennsylvania, to to wit: in his bailiwick. He therefore A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-00009 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROPERTY ASSET MANAGEMENT INC VS DAVENPORT DAN L JR ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: HOUSER ERIN M but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On February 27th 2008 this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answer- Docketing 6.00 Out of County .00 Surcharge 10.00 Thomas K1 e .00 Sheriff of Cumberland County .00 16.00 ? 3?/a?l?f. 02/27/2008 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of A.D. In The Court of Common Pleas of'Cumberland County, Pennsylvania- Property Asset Management Inc. vs. Dan L. Davenport Jr et al No. 08-09 civil SERVE: same Now, February 13, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff . Sheriff of Cumberland County, PA Affidavit of Service Now, 20 , at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA $ Ed the Mary Jane Snyder g Estate Depu William T. Tully • Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania PROPERTY ASSET MANAGEMENT, INC. County of Dauphin VS DAN L DAVENPORT, JR Sheriffs Return No. 2008-T-0338 OTHER COUNTY NO. 08-09 And now: FEBRUARY 21, 2008 at 2:26:00 PM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon DAN L DAVENPORT, JR by personally handing to DAN L DAVENPORT, JR true attested copies ofthe original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the. contents thereof at 4100 BEECHWOOD LANE APARTMENT A HARRISBURG PA 17112 Sworn and subscribed to before me this 22ND day of February, 2008 11? NOTARIAL SEAL Em-- RY JANE SNYDER, Notz?y Publi Highspire, Dauphin County Commission Ex ices Sept 1 2010 So Answers, )(?41(- Sheriff ?foVy, Pa. By Deputy Sheriff Deputy: T WONG Sheriffs Costs: $43.25 2/15/2008 In The Court of Common Pleas of Cumberland County, Pennsylvania' Property Asset-Management Inc. VS. Dan L. Davenport Jr et al SERVE: Erin M. Houser No. 08-09 civil Now February 13, 2008 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, 20 , at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of Sworn and subscribed before me this day of , ?0 COSTS SERVICE MILEAGE AFFIDAVIT $ County, PA tt Urf th ?L 'rf I Ma%Jane Snyyder Charles E. Sheaffer R Estate Depu Chief Deputy William T. Tully * Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania PROPERTY ASSET MANAGEMENT, INC. VS County of Dauphin DAN L DAVENPORT, JR Sheriff s Return No. 2008-T-0338 OTHER COUNTY NO. 08-09 And now: FEBRUARY 21, 2008 at 2:26:00 PM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon ERIN M HOUSER by personally handing to ERIN M HOUSER true attested copies of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 4100 BEECHWOOD LANE APARTMENT A HARRISBURG PA 17112 Sworn and subscribed to before me this 22ND day of February, 2008 A2? NOTARIAL SEAL LIARY JANE SNYDER, Notary Publi Highspire, Dauphin County M Commission. Expires Set 1 2010 So Answers, Sheriff o auphin C& By Deputy Sheriff Deputy: T WONG Sheriffs Costs: $43.25 2/15/2008