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Home My WebLink About09-2170 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 201501 COUNTRYWIDE HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. JEREMY RHONE 926 GOBIN DRIVE, CARLISLE, PA 17013 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 09'" 1-I 76 eN- r-4:' +-?-/ At CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 201501 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 #: 201501 1. Plaintiff is COUNTRYWIDE HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: JEREMY RHONE 926 GOBIN DRIVE, CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 12/29/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR AMERICAN HOME MORTGAGE which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1978, Page 0334. By Assignment of Mortgage recorded 04/14/2008 the mortgage was assigned to COUNTRYWIDE HOME LOANS, INC. which Assignment is recorded in Assignment of Mortgage Instrument No. 2008 1 1 644. 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. File #: 201501 5. 6. 7 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. The following amounts are due on the mortgage: Principal Balance $127,793.87 Interest $3,466.20 09/01/2008 through 04/06/2009 (Per Diem $15.90) Attorney's Fees $1,325.00 Cumulative Late Charges $172.38 12/29/2006 to 04/06/2009 Cost of Suit and Title Search 750.00 Subtotal $133,507.45 Escrow Credit $0.00 Deficit $2,128.49 Subtotal $2,128.49 TOTAL $135,635.94 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. File #: 201501 8. 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. 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. File #: 201501 WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $135,635.94, together with interest from 04/06/2009 at the rate of $15.90 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 Phelan, 9ftniel 6. 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 / _ ay B. Jones, Esquire 72:6'5r, Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Attorneys for Plaintiff File #: 201501 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the northern side of Gobin Street, which point is also a corner of Lot No. 62 on the hereinafter mentioned Plan of Lots; thence northwardly along Lot No. 62 a distance of 156.4 to a point in line of Lot No. 78; thence eastwardly along Lot No. 78, a distance of 75.1 feet to a point in line of Lot No. 64; thence southwardly along Lot No. 64 a distance of 154.5 feet to a point in the northern side of said Gobin Street; thence westwardly along the northern side of said Gobin Street, a distance of 75 feet to a point, the place of BEGINNING. BEING Lot No. 63 on that certain 'Plan of Additional Lots of Greenvale', said Plan of Lots being entered of record in the Office of the Recorder of Deeds at Carlisle, Pennsylvania, in Plan Book 6, Page 40. THE ABOVE described lot is conveyed under and subject to the building and use restrictions and conditions shown on and attached to the above mentioned Plan of Lots recorded in Plan Book 6, Page 40. PARCEL NO. 29-19-1639-030 PROPERTY BEING: 926 GOBIN DRIVE File #: 201501 VERIFICATION I hereby state 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: 0 A orney r Plainti File #: 201501 2??9 APB -1 g' S? 7 Sd `,mac ?.`t t 30 ?? 3 3s.3 Sheriffs Office of Cumberland County S Thomas Kline aa?h%r cf Crnybrrr Edward L Schorpp Solicitor Ronny R Anderson Jody S Smith Chief Deputy rc or HE SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/16/2009 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: Jeremy Rhone, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Jeremy Rhone. The neighbor states that the defendant Jeremy Rhone does not live at 926 Gobin Drive Carlisle Cumberland County, Pennsylvania 17013 but he comes and goes a lot. An exact address is not available. SHERIFF COST: $33.00 April 21, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF 2009-2170 Countrywide Home Loans VS. Jeremy Rhone FILED- PD-OFFICE OF T HE-' Rr- "y+ ?0 N0 TARIA 2009 APR 27 Ali 11: 35 'UNTY