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Home My WebLink About09-2590r/ 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 °Tudith 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 199845 COUNTRYWIDE HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 V. Plaintiff LEE C. ARMSTRONG MICHELE E. ARMSTRONG 315 CENTER STREET ENOLA, PA 17025-2608 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM ?l fir NO. e?- CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 199945 ?? 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 #: 199845 90 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: LEE C. ARMSTRONG MICHELE E. ARMSTRONG 315 CENTER STREET ENOLA, PA 17025-2608 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/10/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR ADVANCED FINANCIAL SERVICES, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1891, Page 2532. By Assignment of Mortgage recorded 03/30/2009 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 200909525, Page. 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 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 #: 199845 of 6 The following amounts are due on the mortgage: Principal Balance $99,176.23 Interest $5,495.56 08/01/2008 through 04/23/2009 (Per Diem $20.66) Attorney's Fees $1,300.00 Cumulative Late Charges $216.06 12/10/2004 to 04/23/2009 Cost of Suit and Title Search 750.00 Subtotal $106,937.85 Escrow Credit $0.00 Deficit $497.21 Subtotal 497.21 TOTAL $107,435.06 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 person am 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 #: 199845 i 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 $107,435.06, together with interest from 04/23/2009 at the rate of $20.66 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: T, ence . Phelan, s re 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 Joshua I. Goldman, Esquire Attorneys for Plaintiff Pile #: 199845 LEGAL DESCRIPTION ALL THOSE TWO (2) CERTAIN PIECES OR PARCELS OF LAND SITUATE IN THE TOWNSHIP OF East PENNSBORO COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: TRACT #1 BEGINNING AT A POINT IN THE Western LIEN OF CENTER Street 280.8 FEET South OF THE Southwest CORNER OF THE INTERSECTION OF A FORTY (40) FEET WIDE Street WITH CENTER Street; THENCE Westwardly ALONG THE Southern LINE OF Lots NO. 61 AND 62, ON THE HEREINAFTER MENTIONED Plan OF Lots, 619.8 FEET TO A POINT IN THE Eastern LINE OF PENN Street; THENCE Southwardly ALONG THE Eastern LINE OF PENN Street 70 FEET TO A POINT IN THE Northern LINE OF Lot NO. 66; THENCE Eastwardly ALONG THE Northern LIEN OF Lot NO. 66 AND NO. 65, 622.75 FEET TO A i POINT IN THE Western LINE OF CENTER Street; THENCE Northwardly ALONG THE Western LIEN OF CENTER Street 70.2 FEET TO A POINT, THE PLACE OF BEGINNING. TRACT #2 BEGINNING AT A POINT ON THE West SIDE OF CENTER Street, Plan OF West ENOLA ACRES, SAID POINT BEING THE Southwest CORNER OF PROPERTY NOW OR FORMERLY OF CARL H. ARMSTRONG AND RUTH E. ARMSTRONG, HIS WIFE; THENCE AT RIGHT ANGLES IN A Westerly DIRECTION, A DISTANCE OF 622 FEET, MORE OR LESS, TO THE East SIDE OF PENN Street, A DISTANCE OF 70 FEET, MORE OR LESS, TOA POINT; THENCE Eastwardly AND PARALLEL TO THE Northern LINE A File #: 199845 DISTANCE OF 625 FEET, MORE OR LESS, TO THE West SIDE OF CENTER Street; THENCE Northwardly ALONG THE West SIDE OF CENTER Street 70 FEET, MORE OR LESS, TO THE PLACE OF BEGINNING. FOR INFORMATION PURPOSES ONLY THE PROPERTY IS COMMONLY KNOWN AS: 315 CENTER Street, ENOLA, PA 17025 PARCEL NO.: 09-15-1290-116 File #: 199845 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. Attorney fo Plaintiff DATE: -O File #: 199845 FILE[ 20U99 APR 27 fi? 1 9: 30 i Ili - -?-6 Aly (?,? # 7f97oy Sheriffs Office of Cumberland County R Thomas Kline 0'f of cu+l6Fr? Edward L Schorpp Sheri ' Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFIC ?,` THE E,'tEFt'cr Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/30/2009 06:55 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on April 30, 2009 at 1855 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Lee C. Armstrong, by making known unto himself personally, defendant at 315 Center Street Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. 04/30/2009 06:55 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on April 30, 2009 at 1855 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Michele E. Armstrong, by making known unto Lee Armstrong, husband of defendant at 315 Center Street Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $57.50 SO ANSWERS May 04, 2009 R THOMAS KLINE, SHERIFF 2009-2590 Countrywide Home Loans Services LP VS Lee C. Armstrong Deputy Sheriff ROXY"Fa OF THE PAORIMTARY MAY -6 AM I t : 0 0 W&VANIA