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Home My WebLink About09-0041 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 S~eetal R. 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 J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 193685 PHH MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff v. ROBERT W. SMITH, III SEMOY T. SMITH 1256 ALMA LANE MECHANICSBURG, PA 17055-9710 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DNISION TERM ~%di /l No. o~ - U(1 ~l ~ CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 193685 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 aze served by entering a written appeazance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You aze 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 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 #: 193685 Plaintiff is PHH MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: ROBERT W. SMITH, III SEMOY T. SMITH 1256 ALMA LANE MECHANICSBURG, PA 17055-9710 who is/aze the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/07/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MEMBERS 1ST FIRST FEDERAL CREDIT UNION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1533, Page 661. By Assignment of Mortgage recorded 04/12/1999 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 609, Page 627. The mortgage and assignment(s), if any, aze 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 aze 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 08/01/2008 and each month thereafter aze 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 #: 193685 6. The following amounts are due on the mortgage: Principal Balance $41,984.10 Interest $1,269.60 07/01/2008 through 12/31/2008 (Per Diem $6.90) Attorney's Fees $1,300.00 Cumulative Late Charges $149.32 04/07/1999 to 12/31/2008 Cost of Suit and Title Search 750.00 Subtotal $45,453.02 Escrow Credit ($193.43) Deficit $0.00 Subtotal 193.43 TOTAL $45,259.59 7. 8. 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 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 #: 193685 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Frogram 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $45,259.59, together with interest from 12/31/2008 at the rate of $6.90 per diem to the date of Judgment, and other costs and chazges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: 8' ~o~ ~ La ence T. Phelan, quire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esqui e Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Attorneys for Plaintiff File #: 193685 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land, known as Lot No. 26, Plan of Kolb Country Estates, located in Monroe Township, Cumberland County, Pennsylvania, more particulazly bounded and described in accordance with the survey of Douglas S. Brehm, R. S., dated Januazy 23, 1985, as follows: BEGINNING at the point in the northern dedicated right-of--way of Alma Lane, at the corner of Lot No. 25, Kolb Country Estates; thence along the eastern line of said Lot, North 3 degrees 15 minutes 5 seconds East 210.29 feet to a point; thence by property now or formerly of Paul Simmons South 86 degrees 19 minutes 33 seconds East 175.00 feet to a point at the northwest corner of Lot No. 27 on the aforementioned Plan; thence along the western line of said Lot South 30 degrees 13 minutes 34 seconds West 212.56 feet to a point in the cul-de-sac of said Alma Lane; thence by a curve to the right having a radius of 50 feet, an azc distance of 65.59 feet to a point; thence by a curve to the left having a radius of 25 feet, an azc distance of 21.03 feet to a point, the place of BEGINNING. PREMISES BEING: 1256 ALMA LANE PARCEL No: 22-28-2403-035 BEING all of Lot No. 26 on the Plan of Lots known as Kolb Country Estates, which Plan is recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 47, Page 154. File #: 193685 .. 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. ~7~77 tt rney for Plaint' DATE:_~ ` ~ ~a~31) p8 --i `~ "ham \\ C~ t~` ~_ ~_1~ N C~ ,. a~ Ql :~: ~~ Ra .~' f.~; :I; -.~, t'!"1 _[; f-' . i.1 ~;1 ~ .~-~ _~ .~^ :.7 .~ ~ Shoriff s Office of Cumberland County ca . ,~ ~, ~-, R Thomas Kline ~=' ~-' ~-- r `{ Sheri +,ts~ta of t~u~ritirrC,r [ _ r'-- --~;i? Ronny R Anderson ~ q ~' ~ =~ q Chief Deputy ~ , ~__ a:~ %-~ ~r i v. ," ~ Jody S Smith t Civil Process Sergeant ~: ---" ~~. Edward L Schorpp _ ~s. ~ ""~ Solicitor PHH Mortgage Corporation Case Number vs. 2009-0041 Robert W Smith SHERIFF'S RETURN OF SERVICE 07/07/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Schmieg. SHERIFF COST: $79.05 July 07, 2009 SO~AJ, N~~SWERS, R HOf MAS KLINE, SHERIFF 5 ~ ~o~~ ~~ a c~~, aa~ Real Estate Sale # On May 5, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Monroe Township, Cumberland County, PA Known and numbered as, 1256 Alma Lane, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 5, 2009 Real Estate Coordinator o~~°~~' `tis ,~ ;. ~ ~ 5 } _ .,l . ~~~~ Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff PHH MORTGAGE CORPORATION Plaintiff vs ROBERT W. SMITH, III SEMOY T. SMITH Defendant : I Court of Common Pleas : I Civil Division : CUMBERLAND County : I No. 09-0041 PRAECIPE TO THE PROTHONOTARY: Please vacate the judgment(s) entered without prejudice. c-? G Date: December 27, 2010 PHELAN HALLINAN & SCHMIEG, LlAm By: Lawrence T. Phelan, Esq., Id. No. 32227 c? Francis S. Hallinan, Esq., Id. No. 62695 o Daniel G. Schmieg, Esq., Id. No. 62205 c-- .- Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 Sheetal R. 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 J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 PHS# 193685 Attorneys for Plaintiff N O_ O rn O i cre C1 n rn-urn oC3 ?Q O-r1 z? °rn D