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Home My WebLink About09-1740 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION I V' 1 TERM 01'V'' NO. Y, - III-0 CUMBERLAND COUNTY CIVIL ACTION- LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 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 ?laime 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 199958 CHASE HOME FINANCE LLC 3415 VISION DRIVE COLUMBUS, OH 43219 V. Plaintiff RICHARD E. MUSSELMAN 3 LOCUST ROAD CAMP HILL, PA 17011-6724 File #: 199958 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 #: 199958 Plaintiff is CHASE HOME FINANCE LLC 3415 VISION DRIVE COLUMBUS, OH 43219 2. The name and last known address of the Defendant is: RICHARD E. MUSSELMAN 3 LOCUST ROAD CAMP HILL, PA 17011-6724 who is the mortgagor and real owner of the property hereinafter described. 3. On 02/20/2007 mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR ERA HOME LOANS which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1982, Page 4094. 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 10/01/2008 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 #: 199958 6. Principal Balance $115,995.48 Interest $4,210.00 09/01/2008 through 03/19/2009 (Per Diem $21.05) Attorney's Fees $1,300.00 Cumulative Late Charges $214.77 02/20/2007 to 03/19/09 Cost of Suit and Title Search 750.00 Subtotal $122,470.25 The following amounts are due on the mortgage: Escrow Credit $158.89 Deficit $0.00 Subtotal 158.89 TOTAL $122,311.36 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 #: 199958 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 $122,311.36, together with interest from 03/19/2009 at the rate of $21.05 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: c g0?3y L` wrence 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 J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Attorneys for Plaintiff File #: 199958 LEGAL DESCRIPTION ALL that certain tract of land situate in Lower Allen Township, Cumberland County, Pennsylvania and more fully described according to a survey by R & R Associates, dated February 15, 1980, No. M-1980-32, as follows: BEGINNING at a point on the Southerly line of Locust Road (60 feet wide), which point is located 85 feet from the intersection of the said Locust Road with Locust Street and which point is on the line dividing Lots Nos. 70 and 85 on the hereinafter mentioned Plan; thence South 40 degrees 33 minutes East along said dividing line 104.95 feet to a post; thence South 49 degrees 27 minutes West along the line dividing Lots Nos. 69 and 85 on said Plan, 40 feet to a stake; thence North 58 degrees 59 minutes West along the line dividing Lots Nos. 84 and 85 on said Plan, 110.64 feet to a stake in the Southerly line of Locust Road; thence North 49 degrees 27 minutes East along said line of Locust Road, 74.97 feet to a point, the Place of BEGINNING. BEING Lot No. 85 on the Plan of Cumberland Park, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 4, Page 86. HAVING THEREON erected a one-story frame dwelling house known and numbered as 3 Locust Road, Camp Hill, Pennsylvania. PROPERTY KNOWN AS: 3 LOCUST ROAD, CAMP HILL, PA 17011 PARCEL NO.: 13-24-0797-163 File M 199958 VERIFICATION I hereby states that I am the attorney for the 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 unsworn falsifications to authorities. DATE: ./ 1.1 - c Attrney for Plaintiff l /3 File #: 199958 c-Y Il t-t `a k y V ?w {4"? co ?` 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 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 I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE LLC Plaintiff VS. ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-1740 CIVIL RICHARD E. MUSSELMAN CUMBERLAND COUNTY Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE PHS #: 199958 w TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: ';?'/ t Lawrence T. Phelan, Esquire .4rancis 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 Joshua I. Goldman, Esquire Attorneys for Plaintiff Date 04-22-09 PHS #: 199958 VERIFICATION Assistant Secretary Whitney K. Cook hereby states that he/she is of CHASE HOME FINANCE LLC, servicing agent for Plaintiff, CHASE HOME FINANCE LLC, in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ( \ DATE: ,?3 Title: Atant Secretary Company: CHASE HOME FINANCE LLC Loan: 1916769448 File #: 199958 MAR 2 0 2009 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 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 I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE LLC Plaintiff VS. RICHARD E. MUSSELMAN Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-1740 CIVIL : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiff s Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: RICHARD E. MUSSELMAN 3 LOCUST ROAD CAMP HILL, PA 17011-6724 PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esquire ,,,Ffancis 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 Joshua I. Goldman, Esquire Attorneys for Plaintiff F4l ED- ^F THE P-"' ? I r v 2009 APR 27 Ni 2: 47 N- Sheriffs Office of Cumberland County R Thomas Kline X%,titr of cumbrr?$ Edward L Schorpp Sheri Solicitor Ronny R Anderson Jody S Smith Chief Deputy c ICE of THE S4ERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/20/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Richard E. Musselman, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Lancaster County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 03/26/2009 07:05 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March 26, 2009 at 1905 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Richard E. Musselmen, by making known unto Richard E. Musselmen personally, at 3 Locust Road, Camp Hill Cumberland County, Pennsylvania, 17011, its contents and at the same time handing to him personally the said true and correct copy of the same 04/20/2009 Lancaster County Return: And now April 20, 2009 I, John P. Durante, Sheriff of Lancaster County, Pennsylvania, who being duly sworn according to law, states that this Complaint and Notice upon defendant Richard E. Musselman is returned not served, Complaint has expired. SHERIFF COST: $65.60 April 30, 2009 2009-1740 Chase Home Financial v Richard Musselman R THOMAS. KLINE, '23 T7 _ ?C? .)1 Y CJ < SO ANSWERS,