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Home My WebLink About08-1658PHELAN 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 173222 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC. 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff V. JOSHUA A. KANN MICHELLE L. KANN 504 NORTH WALNUT STREET MOUNT HOLLY SPRINGS, PA 17065 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. M - !&SS Civil-Term CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 173222 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 #: 173222 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 #: 173222 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 #: 173222 Plaintiff is U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC. 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: JOSHUA A. KANN MICHELLE L. KANN 504 NORTH WALNUT STREET MOUNT HOLLY SPRINGS, PA 17065 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 01/19/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR SOVEREIGN BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1938, Page: 3302. 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. 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 #: 173222 6 The following amounts are due on the mortgage: Principal Balance $112,319.34 Interest $4,662.60 09/01/2007 through 03/08/2008 (Per Diem $24.54) Attorney's Fees $1,250.00 Cumulative Late Charges $0.00 01/19/2006 to 03/08/2008 Cost of Suit and Title Search 550.00 Subtotal $1189781.94 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $118,781.94 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 person am 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 #: 173222 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 $118,781.94, together with interest from 03/08/2008 at the rate of $24.54 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. kELLNCIS S. ALLN, ESQUIRE G. SCHMIE QUIRE 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 #: 173222 LEGAL DESCRIPTION All those two certain tracts of land with the improvements thereon erected situate in the Borough of Mount Holly Springs, Cumberland County, City of Mount Holly Spring and State of Pennsylvania bounded and described as follows: Tract No. 1: Beginning at a point in the center of North Walnut Street at corner of land now or formerly of Clarence L. Crusey, thence by said land, south 89 degrees 15 minutes east 212.83 feet to a nail in an alley, thence by said alley south 0 degrees 45 minutes west 66.53 feet to a nail in said alley, thence by land now or formerly of William L. Minich and Violet Y. Minich wife, north 88 degrees 11 minutes west 65.00 feet to a point, thence ' his by same, south 2 degrees 27 minutes west 4.50 feet to a point, thence by tract No. 2 herein north 89 degrees 15 minutes west 53.50 feet to a point, thence by land now or formerly of William L. Minich and Violet Y. Mimch, his wife, north 86 degrees 58 minutes 58 seconds west 94.70 feet to a point i of North Walnut Street, thence by same, north 0 degrees 57 minutes 20 seconds east 66.11 feet to a point, the place of beginning, Described according to a survey by Noel B. Smith Re Surveyor, dated October 28, 1971. Registered Tract No. 2: Beginning at a point at corner of Tract No. 1 herein, thence by land now of William L. Mimch and M. Violet Minich, his wife, south 2 degrees 27 minutes west 2.15 feet to a point, thence by same, north 86 degrees 58 minutes 58 seconds west 53.30 feet to a thence by Tract No. 1, herein, south 89 degrees 15 minutes east 53.50 feet point, to a point, the place of beginning. Tax id#: 23-31-2189-022 PROPERTY BEING: 504 NORTH WALNUT STREET File #: 173222 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 unswom falsifications to authorities. T. vyl? e y for Plaintiff 0orn!!?? DATE: 3 -//-p F C? C? '(4, rr "rcJ rr7 l .r t_3 rn 6 , 1 '. SHERIFF'S RETURN - REGULAR CASE NO: 2008-01658 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND U S BANK NATIONAL ASSOCIATION VS KANN JOSHUA A ET AL NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KAHN JOSHUA A the DEFENDANT at 1935:00 HOURS, on the 17th day of March , 2008 at 504 NORTH WALNUT STREET MOUNT HOLLY SPRINGS, PA 17065 by handing to JOSHUA A KANN 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 Surcharge 3/2d o? 18.00 5.76 .00 10.00 .00 33.76 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 03/18/2008 PHELAN HALLINAN SCHMIEG By: Deputy Sheriff A. D. SHERIFF'S RETURN - REGULAR x. CASE NO: 2008-01658 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND U S BANK NATIONAL ASSOCIATION VS KANN JOSHUA A ET AL NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KANN MICHELLE L the DEFENDANT at 1935:00 HOURS, on the 17th day of March 2008 at 504 NORTH WALNUT STRFRT MOUNT HOLLY SPRINGS, PA 17065 by handing to JOSHUA A KANN ADULT IN CHARGE 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 3)??i?OQ 16.00 Sworn and Subscibed to before me this day of , So Answers: 7 r ?•? R. Thomas Kline 03/18/2008 PHELAN HALLINAN SCHMIEG By: Deputy Sheriff A. D. DA 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 U.S. Bank National Association as trustee for Residential Funding Company, LLC Joshua A. Kann Michelle L. Kann Plaintiff vs. Defendant(s) PRAECIPE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division Cumberland County No. 08-1658 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. Date: ( lo x Francis S. Hallinan, Esquire Attorney for Plaintiff PHS# 173222 «? ?-?, ?; µ... n. P":? S-:J "?'? r? ?.? 1 ..i 1 109. PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC. Plaintiff VS. JOSHUA A. KANN MICHELLE L. KANN Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-1658 CIVIL TERM : CUMBERLAND COUNTY 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 Attorne r Plaintiff By Date: 3-Francis S. Hallin squire v"z- ? PHS #: 173222 -406 VERIFICATION Steven Patrick hereby states that he/she is Vice President of Loan Documentation of WELLS FARGO FINANCIAL PENNSYLVANIA, INC., 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 unswom falsification to authorities. Name: Steven Patrick DATE: 03/11/08 Title.Vice President of Loan Documentation Company: WELLS FARGO FINANCIAL PENNSYLVANIA, INC. Loan: 1 1 1 5052349 File #: 173222 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 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC. Plaintiff VS. JOSHUA A. KANN MICHELLE L. KANN Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-1658 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: JOSHUA A. KANN MICHELLE L. KANN 504 NORTH WALNUT STREET MOUNT HOLLY SPRINGS, PA 17065 Date: Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: Francis S. Hallinan, Esquire 1 --1 U-1