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Home My WebLink About09-2262Phelan 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 202221 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION 4000 HORIZON WAY IRVING, TX 75063 Plaintiff V. RICHARD A. BARRICK 180 ALTERS ROAD CARLISLE, PA 17015-7737 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 64 -.z CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 202221 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 #: 202221 1. Plaintiff is FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION 4000 HORIZON WAY IRVING, TX 75063 2. The name(s) and last known address(es) of the Defendant(s) are: RICHARD A. BARRICK 180 ALTERS ROAD CARLISLE, PA 17015-7737 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/18/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR FIRST HORIZON HOME LOAN CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1962, Page 4595. 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2008 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 #: 202221 6. The following amounts are due on the mortgage: Principal Balance $103,413.24 Interest $3,160.00 11/01/2008 through 04/09/2009 (Per Diem $19.75) Attorney's Fees $1,300.00 Cumulative Late Charges $139.12 08/18/2006 to 04/09/2009 Mortgage Insurance Premium / $30.00 Private Mortgage Insurance Cost of Suit and Title Search 750.00 Subtotal $108,792.36 Escrow Credit $0.00 Deficit $0.00 Subtotal $0.00 TOTAL $108,792.36 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 Sheriff s 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 #: 202221 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 $108,792.36, together with interest from 04/09/2009 at the rate of $19.75 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 013V By: Lawrence 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 Joshua I. Goldman, Esquire Attorneys for Plaintiff File #: 202221 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land, situate in the Township of West Pennsboro, County of Cumberland, and Commonwealth of Pennsylvania, being more fully described as follows, to wit: BEGINNING at the common points of adjoinder of the northeastern corner of Lot No. 3, a point in the center of the public road (Alters Road), and at the northwestern corner of this about to be described lot; thence continuing through said road, North seventy two (72) degrees fifteen (15) minutes zero (00) seconds East, for a distance of two hundred forty-three and sixty-five hundredths (243.65) feet to a pin at the northwestern corner of Lot No. 1; thence continuing along Lot No. 1, South six (06) degrees sixteen (16) minutes zero (00) seconds East, for a distance of two hundred forty-nine and one hundredths (249.01) feet to an iron pin on the line of Lot No. 1 and at the northeast corner of Lot No. 3; thence continuing along Lot No. 3, South seventy-five (75) degrees fifty-three (53) minutes two (02) seconds West, for a distance of one hundred ninety-five and forty-eight hundredths (195.48) feet to an iron pin; thence continuing along said Lot, North seventeen (17) degrees thirty (30) minutes zero (00) seconds West, for a distance of two hundred thirty-one and sixty-four hundredths (231.64) feet to a pin; said point being the point and place of BEGINNING. CONTAINING 1.2013 acres gross, and 1.0619 acres net, being designated as Lot No. 2 according to a final subdivision plan of West Pike for Harry H. Fox, Jr. dated March 22, 1992, and prepared by Jarmolenko Professional Land Surveyor and Associates, and recorded in the Office of the Recorder of Deeds for Cumberland County in Book 65, page 56. File #: 202221 BEING A PART OF THE SAME PREMISES which Shirley A. Lescalleet, by deed dated November 20, 1992, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Book Z35, at Page 877, granted and conveyed unto Harry H. Fox, Jr., one of the Grantors herein, who is joined in this conveyance by his spouse, Ann G. Fox, to extinguish statutory interests in the within described premises. PARCEL ID: 46-07-0473-009 KNOWN AS: 180 ALTERS ROAD File M 202221 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 unworn falsifications to authorities. f ?- 6 ? ? Attorney for Plaintiff O13 y DATE: V- / 0 ^ 0 / A ED-C)FRCjE rr THE P "Tk-,'^ NOTARY 2009 APR 13 AM I I - I I UINTY L 04 cKo- 74sao 7 Sheriffs Office of Cumberland County R Thomas Kline 0,0' r of ta+uber/a? Edward L Schorpp Sheriff # Solicitor ?. `E' Ronny R Anderson Jody S Smith Chief Deputy ICE Or VERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/17/2009 03:47 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 17, 2009 at 1547 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Richard A. Barrick, by making known unto Richard A. Barrick personally, at 591 Willow Grove Road, Carlisle, Cumberland County, Pennsylvania, 17015, its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 April 21, 2009 SO ANSWERS, Docket NO. 2009-2262 First Horizon Home loans v Richard Parrick FILED-Q, CE OF THE- 2009 APR 24 PM 3: 04 C??;7N I'Y p 7'- .1 IN ti 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 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff VS. RICHARD A. BARRICK Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-2262 CIVIL TERM : CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE PHS #: 202221 ., TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. inan & Schmieg, LLP r Plaintiff T- a e?ice T. Phelan, Esquire' rancis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Je`'R. Davey, Esquire L-tauren 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 Date: 5-27-09 PHS #: 202221 VERIFICATION Mike Fisher hereby states that he/she is Limited Vice preside of METLIFE HOME LOANS, servicing agent for Plaintiff, FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, 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 unworn falsification to authorities. DATE: Loan: ttn'y? Name: Mike Fisher Title: Limited Vice President Company: METLIFE HOME LOANS File #: 202221 .. 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 Jenne 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 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff VS. RICHARD A. BARRICK Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-2262 CIVIL TERM : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true 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 A. BARRICK 591 WILLOW GROVE ROAD CARLISLE, PA 17015-7734 Phelaninan & Schmieg, LLP Att¢rn f 4r Plaintiff ___z La ®ce T. Phelan, Esquire ancis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire JeJ i e R. Davey, Esquire 37 ''Lauren R. Tabas, Esquire93,3 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 Date: 5-27-09 FILED- ,E ^F THE K; 1 'CTA ?Y 2 U9 u,'! -2 th 8, 16 Cutu.,