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Home My WebLink About08-6421u/ 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 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 190271 SOVEREIGN BANK, S/B/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG 601 PENN STREET READING, PA 19601 Plaintiff V. WARREN F. KONE, III DEBORAH H. KONE 832 LISBURN ROAD CARLISLE, PA 17015-9230 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM d (r' -l NO. Ya'/ CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 190271 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 #: 190271 1. Plaintiff is SOVEREIGN BANK, S/B/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG 601 PENN STREET READING, PA 19601 2. The name(s) and last known address(es) of the Defendant(s) are: WARREN F. KONE, III DEBORAH H. KONE 832 LISBURN ROAD CARLISLE, PA 17015-9230 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/17/1988 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. 907, Page 313. 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 06/01/2008 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 #: 190271 6. The following amounts are due on the mortgage: Principal Balance $91,483.78 Interest $2,419.83 06/01/2008 through 10/29/2008 Attorney's Fees $1,250.00 Cumulative Late Charges $203.78 06/17/1988 to 10/29/2008 Property Inspections $10.35 Non Sufficient Funds Charge $30.00 Cost of Suit and Title Search 750.00 Subtotal $96,147.74 Escrow Credit $0.00 Deficit $8,849.33 Subtotal 8 8$ 49.33 TOTAL $104,997.07 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 #: 190271 9. Notice of Intention to Foreclose has been sent to Defendant(s) by certified mail, as required by Act 6 of 1974 of the commonwealth of Pennsylvania on the date(s) se forth in the true and correct copy of such notice(s) attached hereto as Exhibit (A). 10. The mortgage premises are vacant and abandoned. 11. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $104,997.07, together with interest from 10/29/2008 at the rate of $14.32 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: NCE T. PHE AN, ESQUIRE VANI CISS. HALL , ESQUIRE EL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE 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 #: 190271 LEGAL DESCRIPTION All that certain property situated in the Township of South Middleton, in the County of Cumberland, Commonwealth of Pennsylvania, and being described as follows: 40-09-0535-029. Being more fully described in a deed dated March 11, 1988 and recorded March 11, 1988, among the land records of the County and State set forth above, in Deed Volume 33-F and Page 711. Permanent Parcel Number: 40-09-0535-029 WARREN F. KONE, III AND DEBORAH H. KONE, HUSBAND AND WIFE 832 LISBURN ROAD, CARLISLE PA 17015 Loan Reference Number : 251663 First American Order No: 14390064 Identifier: FIRST AMERICAN LENDERS ADVANTAGE File #: 190271 A. 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. "- 7?-.- &rG- rfor Plainti DATE: la's 'Og to ,; ? ?.. V? W C'h o ?- t? ?'° `?"r- C "-? r d ?':. Cam': ..,aw; ? ., i f `? `' C' jq '? , ?? Iv SHERIFF'S RETURN - REGULAR s '"VASE NO: 2008-06421 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOVEREIGN BANK VS KONE WARREN F III ET AL SHANNON K SHERTZER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE KONE WARREN F III was served upon the DEFENDANT , at 0008:57 HOURS, on the 1st day of November-, 2008 at 832 LISBURN ROAD CARLISLE, PA 17015-9230 DEBORAH KONE by handing to ADULT IN CHARGE 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 Service Affidavit Surcharge q-- 18.00 6.00 .00 10.00 .00 34.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 11/06/2008 PHELAN HALLINAN SCHMIEG By: Deputy Sher f of A. D. SHERIFF'S RETURN - REGULAR ASE NO: 2008-06421 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOVEREIGN BANK VS KONE WARREN F III ET AL R. Thomas Kline Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KONE DEBORAH H the DEFENDANT , at 0008:57 HOURS, on the 6th day of November-, 2008 at 832 LISBURN ROAD CARLISLE, PA 17015-9230 by handing to DEBORAH KONE DEFENDANT 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscibed to before me this _ day So Answers: TThomas Kline 11/06/2008 PHELAN HALLINAN & SCHMIEG By: qL ? 01 Deputy S iff of A. D. ., . ..4 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 SOVEREIGN BANK, S/B/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG Plaintiff vs WARREN F. KONE,III DEBORAH H. KONE Defendant : I Court of Common Pleas : I Civil Division CUMBERLAND County : I No. 08-6421 PHS# 190271 TO THE PROTHONOTARY: PRAECIPE 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. X Please withdraw the complaint and mark the action discontinued and ended without prejudice Date: December 5, 2008 Francis S. Hallinan Attorney for Plaintiff rya '??° , -y ?' ?? r ' r r #,: .e; <-. ? tb :' ?- ? __ tv -?.a -<