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Home My WebLink About09-2440 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 ,.,?aime 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 188244 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR NOMURA ASSET ACCEPTANCE CORPORATION MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004-AP3 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff V. RICHARD W. ELLIOTT AKA RICHARD W. ELLIOT 12 NORTH STONER AVENUE SHIREMANSTOWN, PA 17011-6340 MARIA L. ELLIOTT A/K/A MARIA NESI 811 STRATFORD WAY APARTMENT L FREDERICK, MD 21701-7220 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. C)q - 0l4qb Civi let'Na CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 188244 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 #: 188244 1. Plaintiff is HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR NOMURA ASSET ACCEPTANCE CORPORATION MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004-AP3 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: RICHARD W. ELLIOTT AKA RICHARD W. ELLIOT 12 NORTH STONER AVENUE SHIREMANSTOWN, PA 17011-6340 MARIA L. ELLIOTT A/K/A MARIA NESI 811 STRATFORD WAY APARTMENT L FREDERICK, MD 21701-7220 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/01/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to TRIBECA LENDING CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1860, Page 952. 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 06/01/2008 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 File #: 188244 by written notice sent to Mortgagor, the entire principal balance and all interest due 6. thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $93,804.88 Interest $5,621.00 05/01/2008 through 04/15/2009 (Per Diem $16.06) Attorney's Fees $1,300.00 Cumulative Late Charges $122.56 04/01/2004 to 04/15/2009 Property Inspections $15.00 Cost of Suit and Title Search 750.00 Subtotal $101,613.44 Escrow Credit $0.00 Deficit $459.44 Subtotal 459.44 TOTAL $102,072.88 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 #: 188244 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 $102,072.88, together with interest from 04/15/2009 at the rate of $16.06 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: 4?1 %G 90 13 y 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 #: 188244 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE BOROUGH OF SHIREMANSTOWN, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE PARTICULARLY BOUNDED AND DESCRIBED IN ACCORDANCE WITH A Plan PREPARED BY GERRIT J. BETZ ASSOCIATES, INC., ENGINEERS & SURVEYORS FOR PAUL D. WALTERICK AND LINDA D. HIS WIFE, ON November 20, 1985, AS FOLLOWS: BEGINNING AT AN IRON PIN ON THE Eastern SIDE OF North STONER Avenue, WHICH POINT IS 89.20 FEET FROM THE Southern SIDE OF FRONT Street; THENCE ALONG THE Eastern SIDE OF North STONER Avenue, North 09 DEGREES 35 MINUTES 00 SECONDS West, A DISTANCE OF 44.40 FEET TO A POINT AT LANDS NOW OR FORMERLY OF JACK LEE BITTING; THENCE ALONG LANDS NOW OR FORMERLY OF JACK LEE BITTING, North 80 DEGREES 25 MINUTES 00 SECONDS East, A DISTANCE OF 150.00 FEET TO A POINT AT AN UNOPENED ALLEY, THENCE ALONG THE UNOPENED ALLEY AFORESAID, South 09 DEGREES 35 MINUTES 00 SECONDS East A DISTANCE OF 44.40 FEET TO A POINT AT LAND NOW OR FORMERLY OF ROBERT E. STUMBAUGH, South 80 DEGREES 25 MINUTES 00 SECONDS West A DISTANCE OF 150.00 FEET TO A POINT ON THE Eastern SIDE OF North STONER Avenue, BEING THE PLACE OF BEGINNING. File #: 188244 HAVING THEREON ERECTED A ONE AND ONE-HALF STORY BRICK DWELLING HOUSE, KNOWN AND NUMBERED AS 12 North STONER Avenue, SHIREMANSTOWN BOROUGH, CUMBERLAND COUNTY, PENNSYLVANIA. BEING THE SAME PROPERTY CONVEYED TO RICHARD W. ELLIOT, SINGLE PERSON AND MARIA NESI, SINGLE PERSON BY DEED FROM ROBERT E. HIMES, SR. AND EVALYN A. HIMES, HUSBAND AND WIFE RECORDED 07/25/2000 IN DEED BOOK 225 PAGE 880 TAX ID# 37-23-0555-291 PROPERTY BEING; 12 NORTH STONER AVENUE File #: 188244 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. Q mc Q Attorney for Plaintiff GlO13 r; DATE: ? ? ? rO 7 // r File #: 188244 OF THE PRr nTARY 2099 APR 17 P J l'. 4 9 7g 6o PA P 1 rRti0 S$ ?` aa?goa Sheriffs Office of Cumberland County R Thomas Kline (110111r of uu?Grr??h? Edward L Schorpp Solicitor Sheriff Ronny R Anderson Jody S Smith Chief Deputy 0MCE 'F'"S s"Any Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/22/2009 04:30 PM - 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 W. Elliott, 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 Richard W. Elliott. Per the Camp Hill Postmaster the defendants mail has been forwarded to 811 Stratford Way, Apt. L Frederick, Maryland 21701. 04/30/2009 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: Maria L. Elliott, but was unable to'locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Maria L. Elliott. Per the Camp Hill Postmaster the defendants mail has been forwarded to 811 Stratford Way, Apt. L Frederick, Maryland 21701. SHERIFF COST: $67.50 SO ANSWE April 30, 2009 2009-2440 HSBC Bank USA VS Richard W. Elliott R THOMAS KLINE, SHERIFF N O '. - ., 7 1 ? t?7 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR PHS # 188244 NOMURA ASSET ACCEPTANCE CORPORATION MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004-AP3 DEFENDANT SERVICE TEAM/ RICHARD W. ELLIOTT A/K/A RICHARD COURT TERM: W. ELLIOT COURT NO.: 09-2440 MARIA L. ELLIOTT A/K/A MARIA NESI SERVE MARIA L. ELLIOTT A/K/A TYPE OF ACTION MARIA NESI AT: XX Mortgage Foreclosure 811 STRATFORD WAY XX Civil Action APARTMENT L FREDERICK, MD 21701-7220 SERVED ~~. , ~~ «~' : a .r_ 0 "~C~ 0 Served and made known to ~ o~efendant on the~~day of 200 ~, at o o'clock M., at G in the manner des ribed below: _ Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is ~~d - Adult in charge of Defendant's residence who refused to give name or relationship. -Manager/Clerk of place of lodging in which Defendant(s) reside(s). -Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: ~ // Description: Agej ~~~1~,,,,,H~eight ~ Weight ~~ Race 7- Sex ~ Other I, ~rt G~J I//P.JC-~~",7~competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Foreclosure Complaint in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this '~/,~ day f ,~ 200, _/ B ~4L"u IQl t-G"i'+~j On the day of because: Vacant _ Bad Address NOT SERVED 200_, at o'clock _. M., Defendant NOT FOUND Moved _ Dces Not Reside (Not Vacant) No Answer Service Refused Other: Sworn to and subscribed before me this day of ~~ By: ».J ~ f c~~9 ~~.`~~ ! 2 f~ t~~ r~~ - AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR PHS # 188244 NOMURA ASSET ACCEPTANCE CORPORATION MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004-AP3 DEFENDANT SERVICE TEAM/ LNM RICHARD W. ELLIOTT A/K/A RICHARD COURT TERM: W. ELLIOT COURT NO.: 09-2440 MARIA L. ELLIOTT A/K/A MARIA NESI SERVE RICHARD W. ELLIOTT A/K/A TYPE OF ACTION RICHARD W. ELLIOT AT: XX Mortgage Foreclosure 811 STRATFORD WAY XX Civil Action APARTMENT L FREDERICK, MD 21701-7220 SERVED Served and made known to ~ c~ ~~oG~, Defendant on th~day of ~ 200, at ° ~Qo'clock M., at , in the manne es ribed below: Defendant pelsonally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. Other: -c , /~ ~? Description: Age ~ Height ~ ~ Weight d Race ~ Sex ~ Other ~_ I, r-~+.~ i~,~/.~a competent adult, being duly sworn according to law, depose and state ~_ that I personally handed a true and correct copy of the Foreclosure Complaint in the manner as set ~ forth herein, issued in the captioned case on the date and at the address indicated above. "~ _ Sworn to and subscribed before me this ZED day of ~ , 200Q 1~+ ,~ t ~7. _ Y~ f o N 11~~~"YY O NOT SER D On the day of , 200_, at o'clock . M., Defendant NOT FOUND because: _ Vacant _ Bad Address _ Moved _ Does Not Reside (Not Vacant) No Answer Service Refused Other: Sworn to and subscribed before me this day of ~~ By: f"I~r t~ i f^{ ivL 2Q~~ ,~,~~ i 2 ~{~ 1 !}~ ,... ,, i ~ ~~.. Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Attorney For Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 HSBC BANK USA, NATIONAL Court of Common Pleas ASSOCIATION, AS TRUSTEE FOR NOMURA ASSET ACCEPTANCE Civil Division CORPORATION MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004- CUMBERLAND County AP3 Plaintiff vs RICHARD W. ELLIOTT A/IC/A RICHARD W. ELLIOT MARIA L. ELLIOTT A/K/A MARIA NESI Defendant : ~ No. 09-2440 n <a ~ t. r:, --: r TO THE PROTHONOTARY: rxalr~irr, Please mark the judgment(s) satisfied and the action settled, discontinued and ended. Date: ~uly 15, 2010 PHE HALLINAN & SCHMIEG, LLP lA~ By: `\ 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 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 PHS# 188244 Attorneys for Plaintiff ;~; -~ rn Ti -•:~ ;~ -~ , .~ ..~