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Home My WebLink About08-0919PHELAN 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 168503 REGIONS BANK, D/B/A REGIONS MORTGAGE 1900 CHARLES BRYAN MAIL CODE AX2 CORDOVA, TN 38016 Plaintiff V. MARK S. MCCOLLUM NANCY D. MCCOLLUM 716 2ND STREET NEW CUMBERLAND, PA 17070 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 08 - Q tq 0ivi I era. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 168503 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 #: 168503 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 #: 168503 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 #: 168503 1. Plaintiff is REGIONS BANK, D/B/A REGIONS MORTGAGE 1900 CHARLES BRYAN MAIL CODE AX2 CORDOVA, TN 38016 2. The name(s) and last known address(es) of the Defendant(s) are: MARK S. MCCOLLUM NANCY D. MCCOLLUM 716 2ND STREET NEW CUMBERLAND, PA 17070 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/26/2005 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to BROADVIEW MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1925, Page: 2133. By Assignment of Mortgage recorded 10/04/2005 the mortgage was Assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book: 721, Page: 1769. 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 09/01/2007 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 #: 168503 6. The following amounts are due on the mortgage: Principal Balance $138,818.68 Interest $4,312.98 08/01/2007 through 02/05/2008 (Per Diem $22.82) Attorney's Fees $1,250.00 Cumulative Late Charges $272.66 09/26/2005 to 02/05/2008 Cost of Suit and Title Search 550.00 Subtotal $1459204.32 Escrow Credit ($596.52) Deficit $0.00 Subtotal 596.52 TOTAL $144,607.80 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 Sheriff s 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 #: 168503 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 $144,607.80, together with interest from 02/05/2008 at the rate of $22.82 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: G RANCIS S. HALLINAN, 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 #: 168503 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in the Borough of New Cumberland, known as Lots Nos. 8 and 9 in Block 'E' on Plan No. 2 of Rosemont, recorded in the Recorder's Office in and for Cumberland County in Plan Book 1 at Page 96, more particularly bounded and described as follows, to wit: BEGINNING on the South side of Second Street at a point seventy-five (75) feet distant from the Southeast corner of Second Street and Woodland Avenue; thence in an Easterly direction along Second Street fifty (50) feet to the line dividing Lots Nos. 8 and 7; thence Southwardly along said dividing line one hundred forty (140) feet to James Avenue; thence Westwardly along said James Avenue fifty (50) feet to the dividing line between Lots 9 and 10; thence Northwardly along said dividing line one hundred forty (140) feet to Second Street, the place of BEGINNING. PREMISES BEING: 716 2ND STREET PARCEL NO: 25-25-0006-414 HAVING THEREON ERECTED a two-story frame and stucco dwelling house known and numbered as 716 Second Street, New Cumberland, Pennsylvania. BEING THE SAME PREMISES which Harper B. Sunday, Jr. and Romaine n. Sunday Living Trust dated September 22, 1994, as joint tenants with the right of survivorship, by its deed dated September 1, 1998 and recorded September 23, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 185 at page 855, granted and conveyed unto Mark S. McCollum and Nancy D. McCollum, husband and wife. File #: 168503 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. Attorney for Plaintiff DATE: '-V- 08 co -s SHERIFF'S RETURN - REGULAR Y ` 1 ? 3 CASE NO: 2008-00919 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND REGIONS BANK VS MCCOLLUM MARK S ET AL WILLIAM CLINE Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE Mrrnr,r,UM MARK S NEW CUMBERLAND, PA 17070 the DEFENDANT , at 0011:00 HOURS, on the 3rd day of March , 2008 at 716 2ND STREET NANCY D MCCOLLUM Sheriff or Deputy Sheriff of was served upon by handing to ADULT IN CHARGE 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 34.56 Affidavit .00 Surcharge 10.00 n .00 62.56 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 03/04/2008 PHELAN HALLINAN SCHMIEG By: eputy Sheriff of A. D. ' SHERIFF'S RETURN - REGULAR CASE NO: 2008-00919 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND REGIONS BANK VS MCCOLLUM MARK S ET AL WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE MCCOLLUM NANCY D DEFENDANT was served upon the at 0011:00 HOURS, on the 3rd day of March , 2008 at 716 2ND STREET NEW CUMBERLAND, PA 17070 -T Tl-,7 TA nrtnrnT.T.TTM 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 00 1 Sworn and Subscibed to before me this day So Answers: R. TF omas Kline 03/04/2008 PHELAN HALLINAN SCHMIEG By: ? - Deputy Sheriff of A. D. I & PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan, Esquire IDENTIFICATION NO. 62695 1617 JFK Boulevard, Suite 1400 PHILADELPHIA, PA 19103 (215) 563-7000 REGIONS BANK, D/B/A REGIONS MORTGAGE Plaintiff VS. Mark S. McCollum Nancy D. McCollum Defendant(s) ATTORNEY FOR PLAINTIFF Cumberland County Court of Common Pleas CIVIL DIVISION NO. 08-919 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. Hallinan, Esquire Attorney for Plaintiff Dated: 4/2/08 ! -% PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan, Esquire IDENTIFICATION NO. 62695 1617 JFK Boulevard, Suite 1400 PHILADELPHIA, PA 19103 (215) 563-7000 REGIONS BANK, D/B/A REGIONS MORTGAGE Plaintiff VS. Mark S. McCollum Nancy D. McCollum Defendant(s) ATTORNEY FOR PLAINTIFF Cumberland County Court of Common Pleas CIVIL DIVISION NO. 08-919 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: Mark S. McCollum 716 2nd Street New Cumberland, PA 17070 Nancy D. McCollum 716 2nd Street New Cumberland, PA 17070 Ate..--, Francis S. Hallinan, Esquire Attorney for Plaintiff Dated: 4/2/08 VERIFICATION De,66 P A Lt hereby states that he/she is A%i4aiA Vice PreSiden? of REGIONS BANK, DB/A REGIONS MORTGAGE, 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 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. i?611 ? L Name: 17,--6abi e. 17l y DATE: Oa-Orl -0$ Title: Ass;sl-c..r-+ Vice. Pres',c4e-,4 Company: REGIONS BANK, D/B/A REGIONS MORTGAGE Loan:0896421724 File #: 168503 cxa CO) r tr.i r' CD PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Regions Bank, d/b/a Regions Mortgage Plaintiff VS. Mark S. Mccollum Nancy D. Mccollum Defendant(s) PRAECIPE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division Cumberland County : No. 08-919 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 ended without prejudice. , /_y Date: Ll /`?:>, Francis S. Hallman, Esquire Attorney for Plaintiff PHS# 168503 ra ?- ? ?_? `'" ` F?.7:' -_ ? ??"' --..... ? ? . G , "C