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HomeMy WebLinkAbout09-2989Phelan 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 204260 US BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR-IN-INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2007-8XS 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff V. PATRICIA ANN HECKMAN 1432 SIMPSON FERRY ROAD NEW CUMBERLAND, PA 17070-1567 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. D 9 - CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 204260 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 #: 204260 1. Plaintiff is US BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR-IN-INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2007-8XS 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: PATRICIA ANN HECKMAN 1432 SIl4PSON FERRY ROAD NEW CUMBERLAND, PA 17070-1567 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/12/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR ALLIANCE MORTGAGE BANKING CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1978, Page 511. 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 01/01/2009 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 #: 204260 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 $144,188.18 Interest $5,259.72 12/01/2008 through 05/08/2009 (Per Diem $33.08) Attorney's Fees $1,300.00 Cumulative Late Charges $167.25 12/12/2006 to 05/08/2009 Property Inspections $32.50 Cost of Suit and Title Search 750.00 Subtotal $151,697.65 Escrow Credit ($680.44) Deficit $0.00 Subtotal 680.44 TOTAL $151,017.21 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 Fite #: 204260 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). File #: 204260 WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $151,017.21, together with interest from 05/08/2009 at the rate of $33.08 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: Lawrence T. Phelan, Esquire -41r@ncis 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 #: 204260 LEGAL DESCRIPTION ALL THAT CERTAIN Lot OF GROUND SITUATE IN THE TOWNSHIP OF HAMPDEN, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT IN THE Westem LINE OF THE PUBLIC HIGHWAY LEADING TO U.S. ROUTE 11 AND KNOWN AS THE LAND'S GAP Road AND SCENERY DRIVE (50 FEET WIDE); THENCE EXTENDING ALONG THE Western LINE OF THE LAND'S GAP Road, North 03 DEGREES 38 MINUTES West, 140 FEET TO A POINT AT CORNER OF LAND NOW OR FORMERLY OF LESTER J. HELLS, North 83 DEGREES 46 MINUTES West, 137.92 FEET TO APOINT IN THE DIVISIONLINE BETWEEN Lots NOS. 50 AND 51 ON THE HEREINAFTER MENTIONED Plan OF Lots; THENCE ALONG THE DIVISION LINE BETWEEN Lots NOS. 50 AND 51, South 02 DEGREES 42 MINUTES 17 SECONDS East, 142.90 FEET TO A POINT IN THE Northern LINE OF SCENERY DRIVE, AFOREMENTIONED; THENCE ALONG THE Northern LINE OF SCENERY DRIVE IN AN Eastwardly DIRECTION BY THE ARC OF A CIRCLE CURVING TO THE RIGHT, SAID CIRCLE HAVING A RADIUS OF 185 FEET, THE ARC DISTANCE OF 28.86 FEET TO A POINT; THENCE CONTINUING ALONG THE Northern LINE OF SCENERY DRIVE, South 83 DEGREES 46 MINUTES East, 101.14 FEET TO A POINT ON THE Northwest CORNER OF THE LAND'S GAP Road AND SCENERY DRIVE, AFOREMENTIONED, TO THE POINT AND PLACE OF BEGINNING. File #: 204260 UNDER AND SUBJECT, NEVERTHELESS, TO CERTAIN RESTRICTIONS AND CONDITIONS AS SET FORTH IN PRIOR DEEDS OF RECORD. BEING THE SAME PROPERTY CONVEYED TO PATRICIA ANN HECKMAN BY DEED FROM THOMAS M. HECKMAN AND PATRICIA ANN HECKMAN RECORDED 07/17/1996 IN DEED BOOK 142 PAGE 965, IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA. TAX ID# 10-16-1064-012 ADDRESS: 1341 SCENERY DRIVE File #: 204260 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 unworn falsifications to authorities. rl-- I Lat.- ?- DATE: Attomey for Plaintiff File #: 204260 FILED-,: F1C,E Y 14 OF TNT 2449 {SAY 12 P? 12 33 rLNNy; 79 .s'O lo,-O, a4 Sheriffs Office of Cumberland County R Thomas Kline #??t?, a# cuprlx? Edward L Schorpp Sheri ;r Solicitor Ronny R Anderson Chief Deputy ?av Jody S Smith Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/29/2009 07:27 PM - Jody Smith, Sergeant, who being duly sworn according to law, states that on May 29, 2009 at 1927 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Patricia Ann Heckman, by making known unto herself personally, defendant at 1432 Simpson Ferry Road New Cumberland, Cumberland County, Pennsylvania 17070 its contents and a the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $43.30 June 01, 2009 SO ANSWERS, R'THOMAS KLINE, SHERIFF Sergeant 2009-2989 US Bank National Assoc. V Patricia Ann Heckman 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 Courtenay R. Dunn, Esq., Id. No. 206779 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR-IN-INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2007-8XS Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-2989 CIVIL : CUMBERLAND COUNTY PHS #: 204260 VS. PATRICIA ANN HECKMAN Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Atto ey fo/r P aintiff 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 Courtenay R. Dunn, Esquire Date: 06-11-09 PHS #: 204260 VERIFICATION China Brown hereby states that he/she is Vice President of Loan Documentation of AMERICA'S SERVICING COMPANY, servicing agent for Plaintiff, US BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR-IN- INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2007-8XS, 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 unsworn falsification to aukrities. ?-? Name: China Brown DATE: May 12, 2009 Title: Vice President of Loan Documentation Company: AMERICA'S SERVICING COMPANY Loan: 1127139599 File #: 204260 Heckman 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 Courtenay R. Dunn, Esq., Id. No. 206779 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR-IN-INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-2989 CIVIL : CUMBERLAND COUNTY 2007-8XS Plaintiff VS. PATRICIA ANN HECKMAN Defendant(s) 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: PATRICIA ANN HECKMAN 1432 SIMPSON FERRY ROAD NEW CUMBERLAND, PA 17070-1567 Phelan Hallinan & Schmieg, LLP Attorney forPla' tiff By: "? G ` 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 Courtenay R. Dunn, Esquire Date: 06-11-09 FILE-0 s j x i VA OF THE ZG09 -JUN 15 Ptl 3: 32 R II '? ? Phelan Iallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff US BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR-IN-INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE FOR MORGAN STANLEY LOAN TRUST 2007-SXS Plaintiff vs PATRICIA ANN HECKMAN Defendant Court of Common Pleas Civil Division CUMBERLAND County No. 09-2989 CIVIL z2 rn ;t::0 , , r-- ?Z: PRAECIPE TO THE PROTHONOTARY: Please mark the judgment(s) satisfied and the action settled, discontinued and ended. Date: September 24, 2010 PHELAN HALLINAN & SCHMIEG, LLP By: ?i low, wrence 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. 20677 Andrew C. Bramblett, Esq., Id. No. 208375 PHS# 204260 Attorneys for Plaintiff C? _n x rti-i-n -- -,orr7j m ?a --?ca x -n o-n c5 c5c-) M 7D -X?