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Home My WebLink About08-6357~~ 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 /SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 LAUREN R. TABAS, ESQ., Id. No. 93337 VNEK SRNASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPNACK, ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA„ PA 19103 (215) 563-7000. la9ass THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2004RS7 1100 VIRGINIA: DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff v. CHERYL A. KOEFFLER 121 CUMBERLAND AVENUE SHIPPENSBURG, PA 17257-1603 Defendant ATTORNEY FOR (PLAINTIFF COURT OF COMIV~ION PLEAS CNIL DNISION ' TERM C'/~/~ No. lJ~- ~3~7 CUMBERLAND COUNTY ~I CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 18945s 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 filin~ in writing with the Court your defenses or objections to the claims set forth against you. You ~re warned that if you fail to do so, the case may proceed without you, and a judgment maybe entered against you by the Court without further notice for any money claimed in the Complaint orfor any other claim or relief requested by the plaintiff. You may lose money or property or dther rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONC>~. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRII`~TG A LAWYER. ,I IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE 1~[AY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT M~Y OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NQ FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 189455 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 THOUG~I File #: 189455 THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITH$N TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSI~N OF THAT TIME. FURTHERMORE, NO REQUEST WIL~, 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 WITHI~1 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 Tp YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF rYOU HAVE FILED BANKRUPTCY AND RECEIVED ~ DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT' A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 189455 Plaintiff is THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2004RS7 1100 VIRGIl~IIA DRIVE P.O. BOX. 8300 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es) of the Defendant(s) aze: CHERYL A. KOEFFLER 121 CUMBERLAND AVENUE SIiIPPENSBURG, PA 17257-1603 who is/are -the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/21/2004 mortgagor(s) made, executed and delivered a mortgage ~pon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR HOMECOMINGS FINANCIAL NETWOIRK, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND !County, in Mortgage Book No. 2489, Page 538. The PLAINTIFF is now the legal Towner of the mortgage and is in the process of formalizing an assignment of same. 'Tlhe mortgage and assignment(s), if any, are matters of public record and aze 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 aze of plublic record. 4. The premises subject to said mortgage is described as attached. File #: 189455 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2008 and each month thereafter are due and unpai~, 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 6 thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $105,203.516 Interest $4,746.46 06/01/2008 through 10/24/2008 (Per Diem $32.51) Attorney's Fees $1,250.00 Cumulative Late Charges $200.82 06/21/2004 to 10/24/2008 Cost of Suit and Title Search 550. 0 Subtotal $111,951.24 Escrow Credit $0.00 Deficit $405.47 Subtotal 405. '7 TOTAL $112,356.'71 7 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above maybe 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 remafning 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. File #: 189455 8. Plaintiff is not seeking a judgment of personal liability (or an in erson' 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 perso~al liability discharged in bankruptcy, but only to foreclose the mortgage and sell tl~e mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice ofHomeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amendegl 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 stays as provided by said notice has terminated because Defendant(s) has/have failed to meek with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 189455 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 Defen t(s) in the sum of $112,356.71, together with interest from 10/24/2008 at the rate of $32.51 pe diem to the date I of Judgment, and other costs and charges collectible under the mortgage and fdr the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, ~~ / BY~ ~ / LAWRENCE T. L N. SOUIRE ~. FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE ' MICHELE M. BRADFORD, ESQUIRR)~ JUDITH T. ROMANO, ESQUIltE SHEETAL R. SHAH-JANI, ESQUIItE' JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIltE PETER MULCAHY, ESQUIltE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 189455 ,~ 4 LEGAL DESCRIPTION ALL the following described real estate locally known as 121 Cum and being situate in the Borough of Shippensburg, Franklin County, described as follows: BEGINNING at a point on the inside pavement line of the East side of said Cu at line of land now or formerly of George R. Adams; thence Northwardly with pavement line of Cumberland Avenue, 60 feet to a point at line of land now or Hanley Piper; thence Estwardly with the said land now or formerly of Spring Association; thence Southwardly with the Spring Hill Cemetery Association L. of the said Adams land; thence Westwardly with the said Adams land, 134 feel pavement line of Cumberland Avenue, the place of BEGINNING. Avenue, lying bounded and ~erland Avenue said inside merly of H. 1 Cemetery 60 feet to line the said inside PREMISES BEING: 121 CUMBERLAND AVENUE PARCEL NO: 27-6B 17.-026 Being the same real estate conveyed to Cheryl A. Koeffler, solely, Mo ~ agor herein, by deed of Kathleen D. Buckley, dated June 21st, 2004, and intended to be record~d immediately prior hereto, File #: 189455 VERIFtCAfiCbN . [ heirby state that I am the attorney for Plaintiff in this matter, that Plaintiff is cnitside the jurisdiction of the Court and/or the verification could not be o tamed w' ' ithin the time allowed for the filing of the pleading, that t am authori2e~d to male this verification pursuant to Pa-RC.P. 1024 (c), acrd that the statements made i the fo regoing Civrl Action in Mortgage Foreclosure are basest upon information supPliect by Plaintiff and aye true and oon+act to the best of my knowledge, information and belr~f. Furthermore, counsel intends to substitute a verification from Plaintiff ~ti receipt. The undersigned undetstatids that this statement is made subject to e of 18 Pa.C.S. Sec. 4904 ~etati to ~ penalties ng unsworn falsifications to authorities. I 1 Attorney for ' ti Q Ir~j ~ DA"fL: ~~ ~ ~~ Fp v 9 ~ ~ ~ 'V W t. ~. Q ~, c-n r p ~ ~Uc;'; p r' - -r try . ~ ^~~ ~~ ~~ _ i. , t•. ~ r ~ r ,.,~ .," V '~~; David !n.. Bueff (Prothonotary KirkS. Softonage, ESQ, Solicitor Wsnee X Simpson 1" (Deputy ftotFionotary Irene E. Morrow 2nd Deputy ftothonotary office of the Prothonotary Cum6erfand County, Tennsy(vania 0A " L, 3 $ / CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 25TH DAY OF OCTOBER, 2011, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P 230.2 BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, PA 17013 • (717 240-6195 0 Fax (717 240-6573