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Home My WebLink About08-1660PHELAN 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 171243 THE BANK OF NEW YORK, AS TRUSTEE, FOR THE BENEFIT OF THE CERTIFICATEHOLDERS, CWABS, INC., ASSET- BACKED CERTIFICATES, SERIES 2007-8 7105 CORPORATE DRIVE PLANO, TX 75024 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff NO. 08- I1o(o0 bvilTerm v. CUMBERLAND COUNTY ALBERT HYKES, JR TRICIA HYKES 2190 HASTINGS DRIVE MECHANICSBURG, PA 17055-9315 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 171243 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 #: 171243 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 #: 171243 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 #: 171243 Plaintiff is THE BANK OF NEW YORK, AS TRUSTEE, FOR THE BENEFIT OF THE CERTIFICATEHOLDERS, CWABS, INC., ASSET- BACKED CERTIFICATES, SERIES 2007-8 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: ALBERT HYKES, JR TRICIA HYKES 2190 HASTINGS DRIVE MECHANICSBURG, PA 17055-9315 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 01/30/2007 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR FIRST BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1981, Page: 0581. 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 08/01/2007 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 #: 171243 6. The following amounts are due on the mortgage: Principal Balance $249,610.67 Interest $14,881.86 07/01/2007 through 03/10/2008 (Per Diem $58.59) Attorney's Fees $1,250.00 Cumulative Late Charges $546.96 01/30/2007 to 03/10/2008 Cost of Suit and Title Search 750.00 Subtotal $267,039.49 Escrow Credit $0.00 Deficit $577.22 Subtotal 577.22 TOTAL $267,616.71 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) hasihave 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 #: 171243 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 $267,616.71, together with interest from 03/10/2008 at the rate of $58.59 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. AN & SCHMIDG, LLP By: FRANCIS S. AAA N, 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 #: 171243 ALL THAT CERTAIN PIECE, PARCEL OR LOT OF LAND SITUATE IN THE UPPER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, AND BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERN RIGHT-OF-WAY LINE OF HASTINGS DRIVE (50 FEET WIDE), SAID POINT BEING LOCATED AT THE NORTHWESTERN CORNER OF LOT NO.154; THEN ALONG THE WESTERN BOUNDARY LINE OF LOT NO.154, SOUTH 01 DEGREES 25 MINUTES 55 SECONDS EAST, AND PASSING THROUGH A 25.00 FOOT WIDE DRAINAGE EASEMENT FOR A DISTANCE OF 125.00 FEET, TO A POINT IN LINE OF OTHER LANDS NOW OR FORMERLY OF THE MCNAUGHTON COMPANY; THEN ALONG SAID OTHER LANDS OF MCNAGUHTON, AND ALONG SAID 25.00 FOOT WIDE DRAINAGE EASEMENT, SOUTH 88 DEGREES 34 MINUTES 05 SECONDS WEST, FOR A DISTANCE OF 80.00 FEET, TO A POINT AT THE SOUTHEASTERN CORNER OF LOT NO.152; THEN ALONG THE EASEMENT BOUNDARY LINE OF LOT NO.152, AND THROUGH SAID 25.00 FOOT WIDE DRAINAGE EASEMENT, NORTH 01 DEGREES 25 MINUTES 55 SECONDS WEST, FOR A DISTANCE OF 125.00 FEET TO A POINT ON THE SOUTHERN RIGHT-OF-WAY LINE OF HASTINGS DRIVE (50.00 FEET WIDE); THEN ALONG SAID RIGHT-OF-WAY LINE NORTH 88 DEGREES 34 MINUTES 05 SECONDS EAST, FOR A DISTANCE OF 80.00 FEET, TO A POINT AND THE PLACE OF BEGINNING. THIS PIECE, PARCEL OR LOT OF LAND CONSISTS OF APPRROXIMATELY 10,000 SQUARE FEET OF LAND AND IS KNOWN AND NUMBERED AS LOT NO.153 ON THE FINAL SUBDIVISION PLAN FOR CANTERBURY ESTATES, PHASES VII AND VIII, WHICH IS RECORDED IN CUMBERLAND COUNTY IN PLAN BOOK 77, PAGE 100. PARCEL#: 42-29-2458-153 PROPERTY BEING: 2190 HASTINGS DRIVE 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 unsworn falsifications to Attorney for Pmimn - DATE: 3 1 I- 0 Y --l Rb O .o n TT s cn 6" X, op op (3) O 'G3 O a c:a 11i ? 1 "L O SHERIFF'S RETURN - REGULAR CASE NO: 2008-01660 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS HYKES ALBERT JR ET AL STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HYKES ALBERT JR the DEFENDANT , at 1910:00 HOURS, on the 26th day of March , 2008 at 2190 HASTINGS DRIVE MECHANICSBURG, PA 17055-9315 by handing to ALBERT HYKES JR 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 Sworn and Subscibed to before me this So Answers: 18.00 10.56 _ r .00 10.00 R. Thomas Kline 38.56V 03/27/2008 PHELAN HALLINAN SCHMIEG day D puty Sheriff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-01660 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS HYKES ALBERT JR ET AL STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HYKES TRICIA the DEFENDANT at 1910:00 HOURS, on the 26th day of March , 2008 at 2190 HASTINGS DRIVE MECHANICSBURG, PA 17055-9315 ALBERT HYKES JR by handing to 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: So Answers: Docketing 6.00 Service .00 Affidavit .00?•'? , Surcharge 10.00 R. Thomas Kline .00 16.003/27/2008 PHELAN HALLINAN SCHMIEG 3f-808 `_t? Sworn and Subscibed to By: before me this day Depu y Sheriff of A. D.