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HomeMy WebLinkAbout08-1100PHELAN 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 171580 EVERHOME MORTGAGE COMPANY, FJK/A ALLIANCE MORTGAGE COMPANY 8120 NATIONS WAY BUILDING 100 JACKSONVILLE, FL 32256 Plaintiff V. KEITH A. SULTZBAUGH 806 BRIARWOOD LANE CAMP HILL, PA 17011 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 08- 1100 Civi i Term CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 171580 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 #: 171580 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 #: 171580 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 #: 171580 I . Plaintiff is EVERHOME MORTGAGE COMPANY, F/K/A ALLIANCE MORTGAGE COMPANY 8120 NATIONS WAY BUILDING 100 JACKSONVILLE, FL 32256 2. The name(s) and last known address(es) of the Defendant(s) are: KEITH A. SULTZBAUGH 806 BRIARWOOD LANE CAMP HILL, PA 17011 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/07/1988 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to HARRIS SAVINGS ASSOCIATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 919, Page: 693. By Assignment of Mortgage Recorded 11/16/1999 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage in Book No. 630, Page 599. 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 10/01/2007 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 #: 171580 6 The following amounts are due on the mortgage: Principal Balance $49,127.75 Interest $1,796.92 09/01/2007 through 02/14/2008 (Per Diem $10.76) Attorney's Fees $1,250.00 Cumulative Late Charges $111.40 10/07/1988 to 02/14/2008 Cost of Suit and Title Search 550.00 Subtotal $52,836.07 Escrow Credit ($156.79) Deficit $0.00 Subtotal $156.79 TOTAL $52,679.28 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 #: 171580 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 $52,679.28, together with interest from 02/14/2008 at the rate of $10.76 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: NCIS S. HALLINAN, ESQUIRE -L? 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 #: 171580 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate lying and being in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the westerly right-of-way line of Briarwood Lane, a 50.00 foot wide right-of-way, which said point of beginning is located and referenced 255.00 feet in a northerly direction from the intersection of the westerly line of Briarwood Lane and the northerly line of Countryside Lane, and which said point of beginning is also located at the intersection of the westerly line of Briarwood Lane and the dividing line between Lots Nos. 23 and 24 on the Plan of Lots known as 'Countryside, Section (A)', thence, from said point of beginning along the dividing line between Lots Nos. 23 and 24, south 74 degrees 37 minutes west, a distance of 118.00 feet to a point on the easterly line of Lot No. 33; thence, from said point along the easterly line of Lots Nos. 33 and 32, north 15 degrees 23 minutes west, a distance of 85.00 feet to a point on the dividing line between Lots Nos. 24 and 25; thence, from said point along the dividing line between Lots Nos. 24 and 25, north 74 degrees 37 minutes east, a distance of 118.00 feet to a point on the westerly line of Briarwood Lane; thence, from said point along the westerly line of Briarwood Lane, south 15 degrees 23 minutes east, a distance of 85.00 feet to a point, the point and place of BEGINNING. BEING Lot No. 24 on the Plan of Lots known as Countryside, Section (A), prepared by Charles W. Junkins, Registered Surveyor, dated December 4, 1973, and recorded in the Office of the Recorder of Deeds of Cumberland County on April 11, 1974, in Plan Book '25', Page 6. File #: 171580 HAVING thereon erected a dwelling house being known and numbered as premises 806 Briarwood Lane, Camp Hill, Pennsylvania. BEING the same premises which Lewis C. Denham, unmarried, by deed dated 10-7-88 and to be recorded herewith, granted and conveyed unto the Mortgagor herein. PREMISES: 806 BRIARWOOD LANE PRACEL: 10-19-1596-113 File #: 171580 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. Plaintiff n 2(?W DATE: 14. CJ J N oo c 3 3~,1 j _ 0 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 EVERHOME MORTGAGE COMPANY, F/K/A ALLIANCE MORTGAGE COMPANY Plaintiff VS. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY KEITH A. SULTZBAUGH No. 08-1100 CIVIL TERM Defendant PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: March 25, 2008 PHELAN HALLINAN XSILEG, LLP By. ----- FRANCIS S. HAL INAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff /jmr, Svc Dept. File# 171580 (74 00 SHERIFF'S RETURN- REGULAR CASE NO: 2008-01100 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EVERHOME MORTGAGE COMPANY VS SULTZBAUGH KEITH 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 SULTZBAUGH KEITH A the DEFENDANT , at 1555:00 HOURS, on the 1st day of April , 2008 at 3 LEMOYNE DRIVE LEMOYNE, PA 17043 KEITH A SULTZBAUGH 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 72.00 Affidavit .00 Surcharge 10.00 .00 y1©?l`DP ? 100.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 04/03/2008 PHELAN HALLINAN SCHMEG By: A "j + ),? Deputy S riff of A. D. PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 EVERHOME MORTGAGE COURT OF COMMON PLEAS COMPANY, F/K/A ALLIANCE MORTGAGE COMPANY CIVIL DIVISION Plaintiff NO. 08-1100 CIVIL TERM VS. CUMBERLAND COUNTY KEITH A. SULTZBAUGH Defendant(s) 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. Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: A Francis S. Hallinan, Esquire Date: 04/23/08 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 EVERHOME MORTGAGE COMPANY, F/K/A ALLIANCE MORTGAGE COMPANY Plaintiff V5. KEITH A. SULTZBAUGH Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1100 CIVIL TERM CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: KEITH A. SULTZBAUGH 806 BRIARWOOD LANE CAMP HILL, PA 17011 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: Francis S. Hallinan, Esquire Date: 04/23/08 ?? ? f`?? ,_ ? _?? - ..? ,- . -, ?; -?_ 4f A VERIFICATION tv" f states that he/she is of EVERHOME MORTGAG COMPANY, F/K/A ALLIANCE MORTGAGE 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 undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn hkisification to authorities. oArE I ? Ab Loan:0000006817 Name: &U?"f ' v bw Title: Company: EVERHOME MORTGAGE COMPANY, F/K/A ALLIANCE MORTGAGE COMPANY File #: 171580 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 Everhome Mortgage Company, f/k/a Alliance Mortgage Company Keith A. Sultzbaugh Plaintiff vs. Defendant(s) PRAECIPE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 08-1100 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. r Date: 2-? Francis S. Hallinan, Esquire Attorney for Plaintiff PHS# 171580