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Home My WebLink About08-4875c? Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. d f- y?'IS elk,/ CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE PHELAN 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 v,*" 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 184567 BANK OF AMERICA, N.A. 475 CROSSPOINT PARKWAY P.O. BOX 9000 GETZVILLE, NY 14068-9000 V. Plaintiff LANI D. WILSON 2370 WATERFORD CAMP HILL, PA 17011 File #: 184567 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 #: 184567 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 #: 184567 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 #: 184567 Plaintiff is BANK OF AMERICA, N.A. 475 CROSSPOINT PARKWAY P.O. BOX 9000 GETZVILLE, NY 14068-9000 2. The name(s) and last known address(es) of the Defendant(s) are: LANI D. WILSON 2370 WATERFORD CAMP HILL, PA 17011 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/07/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1586, Page 691. 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 02/01/2008 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 #: 184567 6 The following amounts are due on the mortgage: Principal Balance $68,446.30 Interest $3,496.22 01/01/2008 through 08/13/2008 (Per Diem $15.47) Attorney's Fees $1,325.00 Cumulative Late Charges $169.02 12/07/1999 to 08/13/2008 Property Inspections $35.50 Cost of Suit and Title Search 750.00 Subtotal $74,222.04 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $74,222.04 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) 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 #: 184567 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 $74,222.04, together with interest from 08/13/2008 at the rate of $15.47 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 7 . .S? RENC T. PHLAN, ESQUIRE NCIS S. HALL , ESQUIRE By9AAWN IEL G . SCHMIEG, ESQUIRE EMICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE v 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 #: 184567 LEGAL DESCRIPTION ALL THAT CERTAIN Condominium, situate in the Borough of Wormleysburg, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: ALL THAT CERTAIN Condominium Unit No. 2370, together with one (1) parking space situate in the subsurface parking garage, designated as Parking Space No. B, together with the Percentage Interest appurtenant to said Unit, which Unit, together with the assigned Parking Space and the Percentage Interest appurtenant thereto, is hereinafter referred to as the 'Unit'. The Unit is more particularly bounded and described in Plats and Plans-Site Plan (as the same may be amended from time to time), incorporated herein by reference, together with an undivided two and one hundred thirty-two one thousandths percent (2.132%) Percentage Interest in and to the Common Elements thereof, as defined in the Declaration (the 'DECLARATION') for Waterford Condominium (the 'CONDOMINIUM'). The Declaration has been recorded in the Office of the Recorder of Deeds of Cumberland County in Misc. Book 377, Page 436 (as the same may be amended from time to time) and the Plats and Plans-Site Plan are recorded in the Office of the Recorder of Deeds of Cumberland County Pennsylvania in Plan Book 60, Page 35 (as the same may be amended from time to time). Percentage Interests in and to the Common Elements may be reallocated from time to time as set forth in the Declaration. A Public Offering Statement, which includes among other Condominium Documents, the Declaration, Bylaws and Plats and Plans-Site Plan have been delivered by Seller to Purchaser prior to Purchaser executing this Agreement. PARCEL NO. 47-18-13 02-291 -U23 70 PROPERTY BEING: 2370 WATERFORD File #: 184567 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. ttorney for Plainti DATE: - -or cz? C) -n \ 1? r ?-y t73 v ?A/ { r-o A C? e PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 BANK OF AMERICA, N.A. Plaintiff VS. WILSON D. LANI Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-4875 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. Date: 8/22/08 Phelan Hallinan & Schmieg, LLP Attorney for laintiff By: Francis S. Hallinan, Esquire PHS #: 184567 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 BANK OF AMERICA, N.A. Plaintiff VS. WILSON D. LANI Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 084875 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: WILSON D. LANI 2370 WATERFORD CAMP HILL, PA 17011-1299 Date: 8/22/08 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: Francis S. Hallinan, Esquire ,3 VERIFICATION Robert F. Rybarczyk hereby states that he/she is Assn V; rp PrAsi dent of BANK OF AMERICA, N.A., 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: Robert F. Rybarczyk DATE: August 18,2 008 Title: Asst. Vice President Company: BANK OF AMERICA, N.A. Loan:6263541523 File 4: 184567 SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-04875 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANK OF AMERICA NA VS WILSON LANI D R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT LANI WILSON D but was unable to locate Her in his bailiwick. He therefore returns the rnT,/FTIT T TTTT AA/-In T n/l? n NOT FOUND as to the within named DEFENDANT LANI WILSON D - I 2370 WATERFORD CAMP HILL, PA 17011 NO SUCH PERSON Sheriff's Costs: So ans Docketing 6.00 Service .00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 7erff of Cumberland County 00 9jj;.CDj 21.00 HALLINAN SCHMIEG 09/08/2008 Sworn and Subscribed to before me this day of , A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-04875 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF AMERICA NA VS WILSON LANI D SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WILSON LANI D the DEFENDANT , at 1245:00 HOURS, on the 6th day of September, 2008 at 2370 WATERFORD CAMP HILL, PA 17011 by handing to LANI WILSON 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 15.00 Affidavit .00 Surcharge 10.00 n - 00 4 0 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 09/08/2008 PHELAN HALLI T SC IEG By: Depu eriff A.D. .fir V. Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (215) 320-0007 BANK OF AMERICA, N.A. VS. LANI D. WILSON 2370 WATERFORD CAMP HILL, PA 17011 Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 084875 CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against LANI D. WILSON, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest - 08/14/2008 -10/17/2008 TOTAL $74,222.04 1 0? , 05.55 $75,227.59 I hereby certify that (1) the addresses of the Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached Daniel G. Scfimieg, E Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: _ /p1dj/ O$ PHS# 184567 PRO PROTHY v Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (215) 320-0007 BANK OF AMERICA, N.A. VS. LANI D. WILSON Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 084875 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE Daniel G. Schmieg, Esquire, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant LANI D. WILSON is over 18 years of age and resides at 2370 WATERFORD, CAMP HILL, PA 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Daniel G. Schmmeg, Esq Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 BANK OF AMERICA, N.A. V. Plaintiff LANI D. WILSON Defendant(s) TO: LANI D WILSON. 2370 WATERFORD CAMP HILL, PA 17011-1299 DATE OF NOTICE: September 30, 2008 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN. AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU.-.HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-4875 CIVIL TERM CUMBERLAND COUNTY Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 „ (717) 243166 Assistant PHS # 184567 N -'s r c rrn 4 (Rule of Civil Procedure No. 236) - Revised BANK OF AMERICA, N.A. VS. LANI D. WILSON 2370 WATERFORD CAMP HILL, PA 17011 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-4875 CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on CL F Al st 92008. By: BUTT el go- If you have any questions concerning this matter p e contact: re Daniel G. Schmieg, E 14 Attorney or Party Filirig 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE INBANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY" M ' ,. ..? i PHELAN HALLINAN & SCHMIEG, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF BANK OF AMERICA, N.A. Court of Common Pleas Plaintiff Civil Division vs CUMBERLAND County LANI D. WILSON No. 08-4875 CIVIL TERM Defendant PHS# 184567 PRAECIPE TO THE PROTHONOTARY: Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. X 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. Date: October 27, 2008 Francis S. Hal inan Attorney for Plaintiff ?-_r r-,a <-:a ? ?:.? ,{ '?j, ? cam, G? -?-i ? ?` a._. ? id ? ' ? ' F ..? ? ` <?' 4 U ? C`-? _ ?P - ? yy?. ce; 1 ° C_, ^ (\ i ?vh ? - { , ? . ,?`.`\ h ?' ?^ a