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HomeMy WebLinkAbout09-0232Phelan 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 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 195313 PHH MORTGAGE CORPORATION F/KiA CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff v. ROY J. HORNER MARY JOSEPHINE HORNER 4222 CARLISLE ROAD GARDNERS, PA 17324-9061 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. d4 - 0~3 a ~ivi l T~rw~ CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 195313 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 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 #: 195313 Plaintiff is PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: ROY J.HORNER MARY JOSEPHINE HORNER 4222 CARLISLE ROAD GARDNERS, PA 17324-9061 who is/aze the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/28/2002 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. 1764, Page 2690. 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 are of public record. 4. The premises subject to said mortgage is described as attached. S. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2008 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 #: 195313 6. The following amounts are due on the mortgage: Principal Balance $92,238.04 Interest $2,918.16 08/01/2008 through 01/15/2009 (Per Diem $17.37) Attorney's Fees $1,300.00 Cumulative Late Charges $131.24 06/28/2002 to 01/15/2009 Cost of Suit and Title Seazch 750.00 Subtotal $97,337.44 Escrow Credit $0.00 Deficit $48.12 Subtotal 48.12 TOTAL $97,385.56 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. Plaintiffreserves 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 dischazged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 195313 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $97,385.56, together with interest from 01/15/2009 at the rate of $17.37 per diem to the date of Judgment, and other costs and chazges collectible under the mortgage and for the foreclosure and sale of the mor~aged property. & SCHMIEG, By: La •e a elan, Esquire ancis 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 J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Attorneys for Plaintiff File #: 195313 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in the Village of Goodyear, Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a nail in the center of Highway Route No. 34; ~: by land now or formerly of Millard F. Beam, North 89 degrees West 76.7 feet to a fence corner; thence by the same, North 00 degrees 15 minutes West 40.6 feet to an iron pin; thence by the same and land now or formerly of Harry R. Beam, North 78 degrees West 260.3 feet to an iron pin on the right-of--way of Reading Railroad; thence by said right-of--way, North 04 degrees 45 minutes East 124.2 feet to an iron pin; thence by land now or formerly of John H. Group and Helen E. Group, his wife, South 85 degrees OS minutes East 339 feet to a point in the center of Highway Route No. 34 aforesaid; thence by the center of said Highway, South 2 degrees 15 minutes West 192 feet to the Place of BEGINNING. CONTAINING 1.185 acres, more or less; and being improved with a frame dwelling house and frame garage. BEING THE SAME PREMISES which Brian D. Putney and Patricia A. Putney, his wife, by their deed to be recorded simultaneously herewith, in the Office of the Recorder of Deeds of Cumberland County, granted and conveyed unto Roy J. Horner and Mary Josephine Horner. PARCEL NO: 08-42-3281-006 PROPERTY ADDRESS: 4222 CARLISLE ROAD File #: 195313 „... 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. DATE 1 " ~,~ ~ - O r, c7 a ~ -~ L+., ~ -, /~y V ,~ O r. , _ Y ~~~a ~'