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Home My WebLink About08-7283c?j .. 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 188546 AURORA LOAN SERVICES LLC 601 5TH AVENUE SCOTTSBLUFF, NE 69361 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM 6 ( Vi l v. NO. Of - W3 JOHN M. SEEGER FRANCES S. SEEGER 404 SUMMIT STREET LEMOYNE, PA 17043-1638 Defendants CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 188546 Iro 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 (717) 249-3166 File #: 188546 1. Plaintiff is AURORA LOAN SERVICES LLC 601 5TH AVENUE SCOTTSBLUFF, NE 69361 2. The name(s) and last known address(es) of the Defendant(s) are: JOHN M. SEEGER FRANCES S. SEEGER 404 SUMMIT STREET LEMOYNE, PA 17043-1638 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/02/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR LEHMAN BROTHERS BANK, FSB which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200739644. 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 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 #: 188546 6 The following amounts are due on the mortgage: Principal Balance $217,000.00 Interest $14,240.25 05/01/2008 through 12/11/2008 (Per Diem $63.29) Attorney's Fees $1,250.00 Cumulative Late Charges $284.82 10/02/2007 to 12/11/2008 Cost of Suit and Title Search 750.00 Subtotal $233,525.07 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $233,525.07 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 #: 188546 1 t ?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. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. 11. Defendants' application for assistance under Act 91 of 1983 has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $233,525.07, together with interest from 12/11/2008 at the rate of $63.29 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: ?'1 G 10/3/ LAW CE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE DANIEL 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 CHRISTOVALANTE P. FLIAKOS, ESQUIRE Attorneys for Plaintiff File #: 188546 LEGAL DESCRIPTION ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN THE BOROUGH OF LEMOYNE, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS SHOWN ON A PROPERTY PLAT OF 400 SUMMIT Avenue AND 414 North FOURTH Street, AS SHOWN ON QUIT CLAIM DEEDS, RECORDED IN BOOK 177, PAGE 298, AND BOOK 177, PAGE 307, AS PREPARED BY R. J. FISHER & ASSOCIATES, INC., DATED April 14, 1998, AS FOLLOWS TO WIT: BEGINNING AT AN IRON PIN ON THE Southern LINE OF SUMMIT Avenue AT THE DIVIDING LINE BETWEEN LANDS HEREIN DESCRIBED AND LANDS NOW OR FORMERLY OF JACK NORTON; THENCE ALONG THE RIGHT-OF-WAY LINE OF SUMMIT Avenue, BY A CURVE TO THE RIGHT, HAVING A RADIUS OF 1,423.70 FEET, AN ARC LENGTH OF 120 FEET TO A POINT AT THE DIVIDING LINE BETWEEN LANDS HEREIN DESCRIBED AND LANDS NOW OR FORMERLY OF DONALD MUSSELMAN; THENCE ALONG SAID DIVIDING LINE, South 09 DEGREES 38 MINUTES 02 SECONDS East, A DISTANCE OF 149.95 FEET TO A POINT AT THE Northerly RIGHT-OF-WAY LINE OF FRAZER Road (FORMERLY KNOWN AS FOURTH Street); THENCE ALONG SAID Northern LINE OF FRAZER Road, BY A CURVE TO THE LEFT, HAVING A RADIUS OF 211.45 FEET, AN ARC LENGTH OF 49.91 FEET TO A POINT; THENCE CONTINUING ALONG SAME, South 62 DEGREES 50 MINUTES 14 SECONDS West, A DISTANCE OF 49.91 FEET TO A POINT AT LINE OF LANDS NOW OR FORMERLY OF NORTON; THENCE ALONG SAID LINE OF LANDS NOW OR File #: 188546 61, - FORMERLY OF NORTON, North 16 DEGREES 23 MINUTES 54 SECONDS West, A DISTANCE OF 162.93 FEET TO AN IRON PIN ON THE Southern RIGHT-OF-WAY LINE OF SUMMIT Avenue, THE PLACE OF BEGINNING. HAVING THEREON ERECTED A RESIDENTIAL DWELLING KNOWN AND NUMBERED AS 404 SUMMIT Street, LEMOYNE, PENNSYLVANIA 17043. PREMISES BEING: 404 SUMMIT STREET PARCEL NO: 12-21-0265-004 File #: 188546 * 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 the 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 authorities. C Attorney for Plaintiff p? DATE: / 2--1) -08 C-n -,* 1- it CASE NO: 2008-07283 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AURORA LOAN SERVICES LLC VS SEEGER JOHN M ET AL KENNETH E GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SEEGER JOHN M the DEFENDANT at 0019:34 HOURS, on the 15th day of December-, 2008 at 404 SUMMIT STREET LEMOYNE, PA 17043 FRANCES S SEEGER by handing to WIFE OF 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 18.00 Service 13.50 Affidavit .00 Surcharge 10.00 fa?aab ( 0000 41.50 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 12/16/2008 PHELAN HALLINAN & SCHMIEG By. A. D. h CASE NO: 2008-07283 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AURORA LOAN SERVICES LLC VS SEEGER JOHN M ET AL KENNETH E GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE SEEGER FRANCES S the DEFENDANT , at 0019:34 HOURS, on the 15th day of December-, 2008 at 404 SUMMIT STREET LEMOYNE, PA 17043 FRANCES S SEEGER DEFENDANT was served upon by handing to 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 l 2la a?0 8 ?, , -00 16. 00 Sworn and Subscibed to before me this day of , So Answers: o1rK2,_00P,_, lr?z_ R. Tliomas Kline 12/16/2008 PHELAN HALLINAN & SCHMIEG By: eriff A.D. L Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Perm Center Plaza Philadelphia, PA 19103 215-563-7000 AURORA LOAN SERVICES LLC VS. JOHN M. SEEGER FRANCES S. SEEGER 404 SUMMIT STREET LEMOYNE, PA 17043-1638 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 2008-7283 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 JOHN M. SEEGER, and FRANCES S. SEEGER, 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 $233,525.07 Interest -12/12/2008 to 01/21/2009 $2,594.89 TOTAL $236,119.96 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. Schmieg, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: i o PHS # 188546 PRO PROTHY 44 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 AURORA LOAN SERVICES LLC V. JOHN M. SEEGER Plaintiff FRANCES S. SEEGER Defendant(s) TO: JOHN M. SEEGER 404 SUMMIT STREET LEMOYNE, PA 17043-1638 DATE OF NOTICE: January 6, 2009 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. ?GC?-1;,,%3 CUMBERLAND COUNTY 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 yo;%eE y ro N/ act within ten (10) days from the date of this notice, a Judgment may be entered against ut hearin g 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 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 LIL -INE Y HA Y gal Assistant PHS # 188546 44 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 (21.5) 563-7000 AURORA LOAN SERVICES LLC ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff V. JOHN A SEEGER FRANCES S. SEEGER Defendant(s) TO: FRANCES S. SEEGER 404 SUMMIT STREET LEMOYNE, PA 17043-1638 NO. 2008-7283 CUMBERLAND COUNTY DATE OF NOTICE: January 6, 2009 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 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 11 xAINEY?' Assistant PHS 4 188546 'kh Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 AURORA LOAN SERVICES LLC VS. JOHN M. SEEGER FRANCES S. SEEGER Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 2008-7283 VERIFICATION OF NON-MILITARY SERVICE Daniel G. Schinieg, 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 it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JOHN M. SEEGER is over 18 years of age and resides at 404 SUMMIT STREET, LEMOYNE, PA 17043-1638. (c) that defendant FRANCES S. SEEGER is over 18 years of age and resides at 404 SUMMIT STREET, LEMOYNE, PA 17043-1638. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. C Daniel G. Schmieg, Esquire Attorney for Plaintiff Ra ~ri ? _ ua ? °. ? -,? d 9? ? o ? w ? t -- r`. ?_ -r O ? ? ? ?? , `.?i 4 ? 1 [?.. ?? ?? ? ,?. y^? `V ..ft (Rule of Civil Procedure No. 236) - Revised AURORA LOAN SERVICES LLC VS. JOHN M. SEEGER FRANCES S. SEEGER 404 SUMMIT STREET LEMOYNE, PA 17043-1638 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 2008-7283 Notice is given that a Judgment in the above captioned matter has been entered against you on ??. By: If you have any questions concerning this matter please contact: Daniel G. Schmieg, Esquire Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza 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 PRE VIO USL Y RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OF A LIENAGAINST PROPERTY. **