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HomeMy WebLinkAbout08-3823PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 LAUREN R. TABAS, ESQ., Id. No. 93337 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 181108 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RPI 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 Plaintiff V. STEPHEN A. MCCLINTOCK 240 PINE GROVE ROAD GARDNERS, PA 17324 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 08- 38a3 Olvi I (erns CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 181108 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 #: 181108 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 File #: 181108 THE LAW PROVIDES THAT YOUR ANSWER TO THIS 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 #: 181108 1. Plaintiff is U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RP I 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 2. The name(s) and last known address(es) of the Defendant(s) are: STEPHEN A. MCCLINTOCK 240 PINE GROVE ROAD GARDNERS, PA 17324 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 08/21/1997 LOUISE M. MCCLINTOCK & STEPHEN A. MCCLINTOCK made, executed and delivered a mortgage upon the premises hereinafter described to MELLON BANK, NA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1401, Page 609. The 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 02/20/2008 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 #: 181108 6. The following amounts are due on the mortgage: $19,208.93 Principal Balance $688 88 Interest 01/20/2008 through 06/26/2008 Attorney's Fees $1,250.00 Cumulative Late Charges $62.24 08/21/1997 to 06/26/2008 Cost of Suit and Title Search 550.00 Subtotal $21,760.05 Escrow Credit $0.00 Deficit $1,532.40 Subtotal $1.532.40 TOTAL $23,292.45 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. 8. 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 #: 181108 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. Plaintiff hereby releases LOUISE M. MCCLINTOCK from liability for the debt secured by the mortgage. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $23,292.45, together with interest from 06/26/2008 at the rate of $4.36 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: AL LAWRENCE T. P ELAN, ES IRE FRANCIS S. HALLINAN, ESQ RE DANIEL G. SCHMIEG, ESQUIRE ,.MICHELE M. BRADFORD, ESQUIRE t 4 JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 181108 .+ ?. LEGAL DESCRIPTION ALL that certain tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with Final Minor Subdivision Plan for Cecil L. and Esther M. McClintock, prepared by Stephen G. Fisher, Registered Surveyor, dated April 26, 1984, a copy of which is recorded in the hereinafter named Recorder's Office in Plan Book 45, Page 126, and incorporated herein by reference, as follows: BEGINNING at a point in the original centerline of 33-feet wide L. R. 21005, known a Pine Grove Road, at corner of land now or formerly of Toland Mission, which point at the Place of Beginning is North 62 degrees 15 minutes 34 seconds East, a distance of 1.17 feet from an existing nail in a cap; thence from said point at the Place of Beginning along said original centerline of 33-feet wide Pine Grove Road, North 62 degrees 15 minutes 34 seconds East, a distance of 50.35 feet to a point; thence still along said original centerline of 33-feet wide Pine Grove Road, North 62 degrees 15 minutes 34 seconds East, a distance of 151.04 feet to a point at corner of Lot No. 1; thence along the dividing line between said Lots Nos. 1 and 3, South 21 degrees 00 minutes 00 seconds East, a distance of 393.90 feet to an iron pin; thence still along the dividing line between Lots Nos. 1 and 3, South 68 degrees 30 minutes 00 seconds West, a distance of 200.01 feet to an existing iron pipe at corner of Lot No. 2 as shown on Subdivision Plan for Paul R. Teitrck, II, recorded in the hereinafter named Recorder's Office in Plan Book 43, Page 41; thence along said dividing line between said Lot No. 2 and the within described Lot No. 3, North 21 degrees 00 minutes 00 seconds West, a distance of 230.00 feet to an existing iron pipe at the southeastern corner of said land now or formerly of Toland Mission; thence along the dividing line between said land now or formerly of Toland Mission and the within described Lot No. 3, North 21 degrees 00 minutes 00 seconds West, a distance of 372.01 feet to a point in the original centerline of 33-feet wide Pine Grove Road at the Place of BEGINNING. File #: 181108 THE ABOVE described tract of land contains 1.534 acres gross area plus the area occupied by a 50-feet wide private right-of-way extending over the northwestern portion of the above described premises at a width of 50 feet and extending southwardly from the original centerline of 33-feet wide Pine Grove Road, a distance of 197.92 feet on the East and a distance of 192.01 feet on the West as shown on said Final Minor Subdivision Plan for Cecil L. and Esther M. McClintock, recorded as aforesaid, and is Lot No. 3 on said Plan. THE ABOVE described tract of land is conveyed subject to the above mentioned right-of-way 50 feet in width-extending southwardly from the original centerline of said 33-feet wide Pine Grove Road a distance of 197.92 feet on the East and a distance of 192.01 feet on the West, which 50-feet wide private right-of- way is for the benefit of the owners and occupiers and their heirs and assigns of the tract of land shown as Lot No. 2 on the Subdivision Plan for Paul R. Teitrick, II, recorded in said Recorder's Office in Plan Book 43, Page 41, in common with the owners and occupiers of the within described tract of land and their respective heirs and assigns. THE WITHIN conveyed tract of land is a portion of a larger tract of land which was conveyed to Paul R. Teitrick,ll, and wife, by Tom O. Bietsch and wife, by deed dated May 5, 1967, and recorded in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania, in Deed Book T, Volume 22, Page 757, and which larger tract of land is the subject of an Agreement of Sale between Paul R. Teitrick, II, and Patricia K. Teitrick, husband and wife, as Sellers, and Cecil L. McClintock and Esther M. McClintock, husband and wife, as Purchasers, dated August 14, 1980, and recorded August 19, 1980, in said Recorder's Office in Miscellaneous Record Book 257, Page 24, said Sellers and Purchasers therein being the Grantor's herein. PARCEL NO: 08-38-2172-028 PROPERTY ADDRESS: 240 PINE GROVE ROAD File #: 181108 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. DATE: Wks Attorney AVWff I.D.0811 kJO ( Iwa? J o O ? we W b . W / -.C b _t GJ i D z MI F ? Ct't °G SHERIFF'S RETURN - REGULAR CASE NO: 2008-03823 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND U S BANK NATIONAL ASSOCIATION VS MCCLINTOCK STEPHEN A MICHAEL BARRICK I , Sheriff or Deputy Sheriff of Cumberland County,Pe says, the within MCCLINTOCK STEPHEN A the DEFENDANT at 200q:00 HOURS, on the 1st day of July 2008 at 240 PINE GROVE ROAD GARDNERS, PA 17324 by handing to STEPHEN A MCCLINTOCK a true and attested c lvania, who being duly sworn according to law, NT - MORT FORE was served upon of COMPLAINT - MORT FORE together with and at the same time di?ecting His attention to the contents thereof. Sheriff's Costs: ' Docketing 8.00 Service 9.00 Affidavit .00 Surcharge 0.00 7???1? g ? 7.0 0 Sworn and Subscibed to before me this {ay of So Answers: R. Thomas Klinp 07/02/2008 PHELAN HALLIN SCHMIEG BY: / /// /, VDeputy Sheriff A. D. ! . 40*% 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 THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RPI Plaintiff VS. STEPHEN A. MCCLINTOCK Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3823 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 Attorney for Plaintiff r By: Francis S. Hallinan, Esquire Date: 7/18/08 PHS #: 181108 VERIFICATION Denise Bailey hereby states that he/she is Assistant Secretary of LITTON LOAN SERVICING, LP, SERVICING AGENT FOR U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE GBASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RP1, 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. DATE: Loan: 15998131 File k 181108 Name: Denise Bailey Assistant Secretary Title: Litton Loan Servicing LP Attorney In Fact Company: LITTON LOAN SERVICING, LP, SERVICING AGENT FOR U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RPI 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 THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2007-RP1 Plaintiff VS. STEPHEN A.1 CCLINTOCK Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-3823 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: STEPHEN A. MCCLINTOCK 240 PINE GROVE ROAD GARDNERS, PA 17324 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: Francis S. Hallinan, Esquire Date: 7/18/08 e" ? ' -?. v C a t .... , . .