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Home My WebLink About09-3102Phelan 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 ,..?oshua I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 204524 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR HOME EQUITY LOAN TRUST SERIES ACE 2005-HE7 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff V. JOSHUA A. BRAWER 4401 PACKARD LANE CAMP HILL, PA 17011-1920 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. OQ - 310 0"M 1Gf'N1 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 204524 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 #: 204524 1. Plaintiff is HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR HOME EQUITY LOAN TRUST SERIES ACE 2005-HE7 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: JOSHUA A. BRAWER 4401 PACKARD LANE CAMP HILL, PA 17011-1920 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/31/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR WMC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1927, Page 4668. 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 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 204524 6. The following amounts are due on the mortgage: Principal Balance $225,600.00 Interest $7,729.32 12/01/2008 through 05/13/2009 (Per Diem $47.13) Attorney's Fees $1,300.00 Cumulative Late Charges $405.40 08/31/2005 to 05/13/2009 Property Inspections $32.50 Cost of Suit and Title Search 750.00 Subtotal $235,817.22 Escrow Credit $0.00 Deficit $277.94 Subtotal 277.94 TOTAL $236,095.16 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 #: 204524 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. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $236,095.16, together with interest from 05/13/2009 at the rate of $47.13 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 /I ? 1, By: La ence A. Phel , Esquire Fr cis S. HWUnfii, 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 tD#70s&-a Attorneys for Plaintiff File #: 204524 LEGAL DESCRIPTION All that certain lot of land situate in Hampden Township, Cumberland County, Pennsylvania, known as Lot #1 on the subdivision plan of Samuel J. Boutselis, prepared by D.P. Raffensperger, and recorded in the Office of Deeds of Cumberland County on November 26, 1979 in Plan Book 37, Page 4, more particularly described as follows: BEGINNING at a point on the western line of St. John Drive, which point is the northeast corner of Lot No. 1 of the subdivision of Samuel J. Boutselis, prepared by D. P. Raffensperger, and recorded in the Office of Cumberland County, Pennsylvania, Recorder of deeds in Plan Book 37- 4 on November 26, 1979; thence, South 00 degrees 15 minutes East a distance of 175.0 feet to an iron pin; thence, south 89 degrees 45 minutes West a distance of 125.0 feet (being the dividing line between Lot No. 1 and Lot No. 3 on said subdivision plan) to an iron pin; thence, north 00 degrees 15 minutes West a distance of 175.0 feet (being the dividing line between Lot No. 1 and Lot No. 2 on said subdivision plan); thence, north 89 degrees 45 minutes East a distance of 125.0 feet to the point and place of BEGINNING. BEING the same real estate which R. Thomas Kline. Sheriff of the County of Cumberland by Deed dated January 8, 2004, and recorded in Cumberland County Deed Book Volume 261, Page 1102, granted and conveyed to Spica Properties, Inc. PREMISES BEING: 4401 PACKARD LANE PARCEL NUMBER: 10-20-1846 File #: 204524 VERIFICATION The undersigned attorney 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. See. 4904 relating to unsworn falsifications to authorities. Alto ey f ?' 13 -Orr 1v 4 2bST)Lf' - DATE: F EDG ;"J't1 'i'lC" OF THE-" 20u!3 W? ` 1 PH 12: 4 C *019.60 Po AtTY w u)(0ot11 Sheriffs Office of Cumberland County R Thomas Kline, at dnabPr Edward L Schorpp Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFS OF T"E SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/18/2009 07:25 P - R. Thomas Kline, Sheriff, who being duly swom according to law, states that he made a diligent earch and inquiry for the within named defendant to wit: Joshua A. Brawer, but was unable to locate hi in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Joshua A. Brawer. The Camp Hill Postmaster has advised the defendant is not known a address given. An exact address is not available. _ SHERIFF COST: May 27, 2009 2009-3 02 HSBC ank USA VS Joshua A. Brawer SO KLINIEE, SHERIFF r? °C7Q _ L 3 < 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 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR HOME EQUITY LOAN TRUST SERIES ACE 2005-HE7 Plaintiff Vs. JOSHUA A. BRAWER Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS CIVIL DIVISION • 3iU? 09-3100 CIVIL TERM : CUMBERLAND COUNTY PHS #: 204524 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 Attorney flaintiff o 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 Andrew C. Bramblett, Esquire Date: 6-25-09 PHS #: 204524 VERIFICATION Xee Moua hereby states that he/she is Vice President of Loan Documentation of AMERICA'S SERVICING COMPANY, servicing agent for ]Plaintiff, HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR HOME EQUITY LOAN TRUST SERIES ACE 2005-HE7, 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 authorities. Name: fee Moua DATE: May 20, 2009 Title: Vice President of Loan Documentation Company: AMERICA'S SERVICING COMPANY File #: 204524 Brawer 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 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR HOME EQUITY LOAN TRUST SERIES ACE 2005-HE7 Plaintiff VS. JOSHUA A. BRAWER Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-31002 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: JOSHUA A. BRAWER 4401 PACKARD LANE CAMP HILL, PA 17011-1920 Phelan Hallinan & Schmieg, LLP Attorney for PI 'ntiff 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 Andrew C. Bramblett, Esquire Date: 6-25-09 OF THE PR,0 Hol',O Apy 20,19 JU%N 30 AM 9: 07 Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff" ' :.. ;:, HSBC BANK USA, NATIONAL ASSOCIATION, Court of Common Pleas AS TRUSTEE FOR HOME EQUITY LOAN TRUST SERIES ACE 2005-HE7 Civil Diviisiiors Plaintiff ~ ' CUMBERLAND County vs [~ =r#p,~ No. 99±994 CIVIL JOSHUA A. BRAWER TERM Defendant TO THE PROTHONOTARY: PRAECIPE Please mark the above referenced case settled, discontinued and ended. -;..; > . Date: September 21, 2010 PHELAN HALLINA &-SCHMIEG;L~,P ~' 5,.,~' ~~ By: , ~~ Lawrence T. Phelan, ., Id. No. 32227 ~r~-- Francis 5. Hallinan, Esq., Id. No. 62695 ~z Daniel G. Schmieg, Esq., Id_. No. 62205; Ca Michele M. Bradford, Esq., Id. No. 69849 ~~o Judith T. Romano, Esq., Id. No. 58745 v~ eetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 ~~ ~~ F Lauren R. Tabas, Esq., Id. No. 93337 ;,'~ q, 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. 20$375 PHS# 204524 Attorneys for Plaintiff N ~ Q ~ G'~ "'~ C/') ~ C"-'i ~ "~~ ..r, ~ ~ c~ --~ o ~~ -v ~ -~ ~ c~ ~. D ~ o ~ 8 `s C'. (.: