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Home My WebLink About08-0049r f PHELAN 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 R. 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 168253 AS TRUSTEE FOR THE HOLDERS OF MASTR REPERFORMING LOAN TRUST 2005-1 CIVIL DIVISION 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 TERM ATTORNEY FOR PLAINTIFF HSBC BANK USA, NATIONAL TRUST COMPANY, COURT OF COMMON PLEAS Plaintiff NO. 08- 4/q Civi l le m v. CUMBERLAND COUNTY JAMES GRUNDON PAMELA S. DEHAVEN 430 HERMAN AVENUE LEMOYNE, PA 17043 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 168253 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 #: 168253 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 #: 168253 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 #: 168253 Plaintiff is HSBC BANK USA, NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE HOLDERS OF MASTR REPERFORMING LOAN TRUST 2005-1 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: JAMES GRUNDON PAMELA S. DEHAVEN 430 HERMAN AVENUE LEMOYNE, PA 17043 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/11/1998 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to EQUITY ONE, INCORPORATED which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1505, Page: 963. 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 10/01/2006 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 #: 168253 6 The following amounts are due on the mortgage: Principal Balance $71,759.33 Interest $6,624.80 09/01/2006 through 01/03/2008 (Per Diem $13.52) Attorney's Fees $1,250.00 Cumulative Late Charges $0.00 12/11/1998 to 01/03/2008 Cost of Suit and Title Search $550.00 Subtotal $80,184.13 Escrow Credit $0.00 Deficit $1,942.30 Subtotal $1,942.30 TOTAL $82,126.43 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 #: 168253 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $82,126.43, together with interest from 01/03/2008 at the rate of $13.52 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 B NCIS S. HALLINAN, ESQUIRE PANIEL 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 #: 168253 LEGAL DESCRIPTION ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Borough of Lemoyne in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the south side of Herman Avenue at the intersection of the southerly line of Herman Avenue with the western line of Lot. No. 49, Block 'C' in the hereinafter mentioned Plan of Lots; thence in a southerly direction along the last mentioned line 150 feet to a point on the northerly line of Plum Alley; thence in a westerly direction along Plum Alley, 17 1/2 feet, more or less to a point; thence in a northerly direction along a line running through the center of the partition wall of a 2 1/2 double frame dwelling house 150 feet to a point on the southerly line of Herman Avenue; thence in an easterly direction along Herman Avenue, 17 1 /2 feet, more or less, to the point and place of BEGINNING. PARCEL NO: 12-22-0822-147 PROPERTY BEING: 430 HERMAN AVENUE File #: 168253 VERIFICATION I hereby state that I am the 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 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. 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 unworn falsifications to authorities. ttorney for Plaintiff DATE: 01 O O -- c co SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-00049 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HSBC BANK USA NATIONAL TRUST VS GRUNDON JAMES ET L R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT GRUNDON JAMES but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT , GRUNDON JAMES 430 HERMAN AVENUE LEMOYNE, PA 17043 PER ROOMMATE, DEFENDANT NO LONGER LIVES AT GIVEN ADDRESS AND HE SUPPOSEDLY FILED BANKRUPTCY. NOT FOUND , as to Sheriff's Costs: So answers: -_" - " Docketing 18.00 Service 15.36 Not Found 5.00 R. T oma line Surcharge 10.00 Sheriff of Cumberland County n .00 i`? Ja `?^" ? 48.36 PHELAN HALLINAN SCHMIEG 01/22/2008 Sworn and Subscribed to before me this day of , A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-00049 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HSBC BANK USA NATIONAL TRUST VS GRUNDON JAMES ET L JESSICA HERMANSEN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DEHAVEN PAMELA S DEFENDANT the , at 2116:00 HOURS, on the 14th day of January , 2008 at 430 HERMAN AVENUE LEMOYNE, PA 17043 PAMELA DEHAVEN 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 /9 5 /of ?.. 00 16.00 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 01/22/2008 PHELAN HALLINAN SCHMIEG By. JN #hDoe ut 08-h erif A. D. w PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan, Esquire I,QENTIFICATION NO. 62695 1617 JFK Boulevard, Suite 1400 PHILADELPHIA, PA 19103 X215) 563-7000 HSBC USA, NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE HOLDERS OF MASTR REPERFORMING LOAN TRUST 2005-1 Plaintiff Vs. JAMES GRUNDON PAMELA S. DEHAVEN Defendant(s) ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY COURTHOUSE County Court of Common Pleas CIVIL DIVISION NO. 08-49- CIVIL TERM FILE: 168253 LOAN # 5511091 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. Hallinan, Esquire Attorney for Plaintiff Dated: 3/6/08 PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan, Esquire I?JENTIFICATION NO. 62695 1617 JFK Boulevard, Suite 1400 PHILADELPHIA, PA 19103 _(215) 563-7000 HSBC USA, NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE HOLDERS OF MASTR REPERFORMING LOAN TRUST 2005-1 Plaintiff Vs. JAMES GRUNDON PAMELA S. DEHAVEN Defendant (s) ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY COURTHOUSE County Court of Common Pleas CIVIL DIVISION NO. 08-49- CIVIL TERM FILE: 168253 LOAN # 5511091 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: JAMES GRUNDON 430 HERMAN AVENUE LEMOYNE, PA. 17043 PAMELA S. DEHAVEN 430 HERMAN AVENUE LEMOYNE, PA 17043 Francis S. Hallinan, Esquire Attorney for Plaintiff Dated: 3/6/08 VERIFICATION Vice President of Loan Documentation Sean Nix hereby states that he/she is of WELLS FARGO BANK N.A., 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 undersigned understands that this statement is made subject to the penalties of 18 . C.S. Sec. 4904 relating to unworn falsification to authorities. Name: Sean Nix DATE: January 7 ,2008 Title: Vice President of Loan Documentation Company: WELLS FARGO BANK N.A. Loan:5511091 File #: 168253 a i r _ ? C)o PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 HSBC Bank USA, National Trust Company, as Trustee for the Holders of MASTR Reperforming Loan Trust 2005-1 James Grundon Pamela S. Dehaven Plaintiff vs. Defendant(s) PRAECIPE TO THE PROTHONOTARY: : Court of Common Pleas : Civil Division Cumberland County No. 08-49-CIVIL TERM 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 and. ended without prejudice. Date : 5 13 ---- Francis S. Ha linan, Esquire Attorney for Plaintiff PHS# 168253 r-I