Loading...
HomeMy WebLinkAbout09-2847Z) 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 7Jay 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 202534 ATTORNEY FOR PLAINTIFF BAC HOME LOANS SERVICING, L.P. F/K/A COURT OF COMMON PLEAS COUNTRYWIDE HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE CIVIL DIVISION PLANO, TX 75024 TERM Plaintiff V. NO. ? C ev CUMBERLAND COUNTY DAVID LEE PROSKY 51148 TAYLOR STREET NEW BALTIMORE, MI 48047-2449 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 202534 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 #: 202534 1. Plaintiff is BAC HOME LOANS SERVICING, L.P. F/K/A 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: DAVID LEE PROSKY A/K/A DAVID L. PROSKY 51148 TAYLOR STREET NEW BALTIMORE, MI 48047-2449 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 03/29/2007 DAVID LEE PROSKY A/K/A DAVID L. PROSKY & NICOLE M. PROSKY made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR COMUNITY LENDING, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1988, Page 2481. 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 #: 202534 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2008 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. 6. The following amounts are due on the mortgage: Principal Balance $134,826.71 Interest $5,689.74 10/01/2008 through 05/05/2009 (Per Diem $26.22) Attorney's Fees $1,325.00 Cumulative Late Charges $227.85 03/29/2007 to 05/05/2009 Cost of Suit and Title Search 750.00 Subtotal $142,819.30 Escrow Credit ($201.95) Deficit $0.00 Subtotal 201.95 TOTAL $142,617.35 7. 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 #: 202534 S. 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. 10. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). 11. Plaintiff hereby releases NICOLE M. PROSKY from liability for the debt secured by the mortgage. File #: 202534 WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $142,617.35, together with interest from 05/05/2009 at the rate of $26.22 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: ,e T Phelan, Es'quirt S. allinan, Esquire Dahiel 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 84 Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Attorneys for Plaintiff File #: 202534 LEGAL DESCRIPTION ACL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at an iron pin at Center Street and the Northwest corner of land now or formerly of Anna Stefek; thence along Center Street North 04 degrees 30 minutes 00 seconds West a distance of 100.23 feet to an iron pin at the Southwest corner of Lot #2 in the herein below Plan of Lots; thence along the Southern border of Lot #2 North 89 degrees 23 minutes 00 seconds East a distance of 171.71 feet to an iron pin at the Southwestern corner of Lot #3 in the hereinbelow Plan of Lots and the Northwestern corner of Lot #4 in the hereinbelow described Plan of Lots; thence along the Western edge of said Lot #4 South 00 degrees 37 minutes 00 seconds east a distance of 100.00 feet to an iron pin at lands now or formerly of Anna Stefek; thence along lands now or formerly of Stefek South 89 degrees 23 minutes 00 seconds West a distance of 164.92 feet to an iron pin, the place of BEGINNING. HAVING THEREON ERECTED a two-story frame dwelling and containing 16,831.50 square feet, more or less, and being Lot #1 on that subdivision prepared for the Estate of Freda N. Marrow by Hartman and Associates, Inc. dated February 17, 1993, and revised March 17,1993, and April 2,1993, and recorded on July 12, 1993, in Cumberland County Plan Book 66, Page 75. PARCEL NO. 09-15-1290-025 PROPERTY BEING: 114 CENTER STREET File #: 202534 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: 7 / 05 File 4: 202534 -05 OF eE'P'o'oT t %TAW w 2aa9 tfAY -7 all 10: 4 6 ? y c k 0 S-a a- 3 79 "Oo J )V7 ?7 Sheriffs Office of Cumberland County R Thomas Kline 00"Ir et t uz"brr4?4# Edward L Schorpp Sheri Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE `,F T4E S?<PIrr Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/19/2009 R. Tho as 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: David Lee Prosky, but was unable to locate him in his bailiwic . He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant David Lee Prosky. Service was requested at 114 Center Street Enola, Pennsylvania 17025 but was fo nd vacant. Per Attorney Francis S. Hallinan, this Complaint is being returned without attempting service at alternate address of 105 Fieldstone Drive Carlisle, Pennsylvania 17013. SHERIFF COST: $47.40 SO ANSWERS, May 20, 2009 R THOMAS LINE, SHERIFF 2009-2 47 Bac Horne Loans Servicing, LP -- ;?, VS -' -l David L e Prosky G, AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF CUMBERLAND COUNTY BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. DEFENDANT DAVID LEE PROSKY SERVE DAVID LEE PROSKY AT: 51148 TAYLOR STREET NEW BALTIMORE, MI 48047-2449 PHS # 202534 SERVICE TEAM/ VGV COURT TERM: COURT NO.: 09-2847 CIVIL TYPE OF ACTION XX Mortgage Foreclosure XX Civil Action c? SERVED Served and made known to 'lJ(>LV ?? befendant on the NO day of lV? k! 4 at V a0, o'clock P. M., at Save? ZWYLaa 5f, AA-0 &ft > in the manner desc - Defendant personally served. /K` 'sc 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: Description: Age 35- Height St $ Weight 160 Race W Sex /A Oth I, JCY1YVy\ Y re ljd6 a competent adult, being duly sworn according to law, depose that I personally handed a true and correct copy of the Foreclosure Complaint in the man] forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of , 200_. Notary: By: ILI-4? pwc? NOT SERVED On the day of 200, at o'clock _. M., Defendant NOT because: Vacant _ Bad Address - Moved _ Does Not Reside (Not V; No Answer Service Refused Other: Sworn to and subscribed before me this 27 day of AMV , 200_!L_. By: Notary: THOMAS R KAMER Notary Public; Stateof Michigan CoUM of Macomb My Commission Expires 11-00-2014 Acting in the C0unty0tMA WVd ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 3, Francis S. Hallinan, Esq., Id. No. 62 Daniel G. Schmieg, Esq., Id. No. 62: Michele M. Bradford, Esq., Id. No. Judith T. Romano, Esq., Id. No. 581 Sheetal R. Shah-Jani, Esq., Id. No. I Jenne R. Davey, Esq., Id. No. 8707' Lauren R. Tabas, Esq., Id. No. 9332 200 ' , below: I state as set FOUND 760 FLED ? FFiCF OF THE" F'"TH,. , OTARY 2009 JUN I I AM 11: 59 cure ?_ . 61 uNTY PE 4SYL1,'M11 i t4.Y Ql Phelan Hallinan & Schmieg, LLP 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 `'foshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. VS. DAVID LEE PROSKY Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 09-2847 CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against DAVID LEE PROSKY, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $142,617.35 Interest - 05/06/2009 to 06/30/2009 $1,468.32 TOTAL $144,085.67 I hereby certify that (1) the Defendant's last known address is 51148 TAYLOR STREET, NEW BALTIMORE, MI 48047-2449, and (2) that notice has been given in accordance with Rule 237.1, copy attached. /i /1 Law c T. Phelan, Esquire Fr, cis S Halli n, Esquire niel G. c ieg, 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 lta-zosbl-Yj Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: _?10 PHS # 202534 PROTHO OTARY BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P Plaintiff V. DAVID LEE PROSKY Defendant(s) TO: DAVID LEE PROSKY 51148 TAYLOR STREET NEW BALTIMORE, MI 48047-2449 DATE OF NOTICE: June 16, 2009 COURT OF COMMON PLEAS CIVIL DIVISON NO. 09-2847 CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSEJF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. PHS # 202534 Phelan Hallinan & Schmieg, LLP 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 1617 JFK Boulevard, Suite 1400 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION VS. DAVID LEE PROSKY : No. 09-2847 CIVIL VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant DAVID LEE PROSKY is over 18 years of age and resides at 51148 TAYLOR STREET, NEW BALTIMORE, MI 48047-2449. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Lawr ce kal Phelan Esquire Fra is S. lin Esquire mIr eg,Esquire Daniel G. 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 Ibit?.* J ? Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff xr., JW ?/iZ/ e a fly lLlO???l 17111 (Rule of Civil Procedure No. 236) - Revised BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. VS. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION DAVID LEE PROSKY 51148 TAYLOR STREET NEW BALTIMORE, MI 48047-2449 No. 09-2847 CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on By: If you have any questions concerning this LInice Inc T. Phe an, Esquire Fr is S. Halli Esquire D l G.ieg, 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 07-09H) Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 "THIS THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFALIEN AGAINST PROPERTY."