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Home My WebLink About09-3257Phelan 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 iJenine 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 205967 NATIONSTAR MORTGAGE LLC 350 HIGHLAND DRIVE LEWISVILLE, TX 75067 Plaintiff V. DAVID R. WOOLF, JR. A/K/A DAVID R. WOOLF AIMEE S. WOOLF 46 EAST MAIN STREET WALNUT BOTTOM, PA 17266-9713 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. -3 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 205967 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 #: 205967 1. Plaintiff is NATIONSTAR MORTGAGE LLC 350 HIGHLAND DRIVE LEWISVILLE, TX 75067 2. The name(s) and last known address(es) of the Defendant(s) are: DAVID R. WOOLF, JR. A/K/A DAVID R. WOOLF AIMEE S. WOOLF 46 EAST MAIN STREET WALNUT BOTTOM, PA 17266-9713 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/31/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR HOMECOMINGS FINANCIAL, LLC.,(F/K/A, HOMECOMINGS FINANCIAL NETWORK, INC.) which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1971, Page 3058. 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 #: 205967 5. 6 7. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2009 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. The following amounts are due on the mortgage: Principal Balance $123,732.67 Interest $2,910.30 02/01/2009 through 05/20/2009 (Per Diem $26.70) Attorney's Fees $1,300.00 Cumulative Late Charges $137.46 10/31/2006 to 05/20/2009 Appraisal/Brokers Price Opinion $12.15 Cost of Suit and Title Search 750.00 Subtotal $128,842.58 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $128,842.58 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 #: 205967 8. 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. File #: 205967 WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $128,842.58, together with interest from 05/20/2009 at the rate of $26.70 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: ? At I A 1.0m 710I LVence T. Phelaki, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esqui 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 #: 205967 LEGAL DESCRIPTION ALL the following described two lots of ground with improvements thereon erected, situated in the Village of Jacksonville, South Newton Township, County of Cumberland, and State of Pennsylvania, bounded and described as follows: Lot No. 1 BEGINNING at a point on the north side of Walnut Bottom Road, at corner of lands formerly of Emanuel Byers, now or formerly of Zella Beidel, and lands now or formerly of Thelma M. Stouffer; thence along the lands now or formerly of said Zella Beidel, North 40 degrees West, 110 feet 8 inches, more or less, to a point on line of other lands now or formerly of Thelma M. Stouffer, being Lot No. 2, hereinafter described; thence along other lands now or formerly of Thelma M. Stouffer, North 50 degrees East, 225 feet, more or less, to land now or formerly of John Bixler; thence by land now or formerly of the said John Bixler, South 40 degrees, 110 feet 8 inches, more or less, to Walnut Bottom Road; thence along the north side of Walnut Bottom Road, South 50 degrees West, 219 1/2 feet, more or less, to corner of lands now or formerly of the said Zella Beidel, the place of BEGINNING. CONTAINING 4,473 square feet, more or less. File #: 205967 Lot No. 2 ON the North by land formerly of Mark E. Cockley, now or formerly of John Pattison; on the East by land formerly of Milton Bixler, now or formerly of John Bixler; on the South by land now or formerly of Thelma M. Stouffer, being Lot No. 1, hereinabove described, and land now or formerly of Zella Beidel; and on the West by land formerly of Joseph M. Herminger, now or formerly of Earl S. Beecher and Jeanette N. Beecher, his wife, the northern and southern lines being 181.90 feet, more or less, and the eastern and western lines being 110 feet, more or less. PARCEL NO. 41-31-2230-050 PROPERTY BEING: 46 EAST MAIN STREET File #: 205967 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. Sec. 4904 relating to unsworn falsifications to authorities. DATE: ?m" X11 Att ey for Plaintiff File #: 205967 L-10 r 'F TH- 1-1 -0y L PU9 Ibi? 12 2 r" i1111 2 6 6' 7 t'k a, 'i-d p 2 - Ss'y Sheriffs Office of Cumberland County Sheriff Kline v4"„?r At Clllu4rrf ?d Edward L Schorpp Solicitor Ronny R Anderson Jody S Smith Chief Deputy OMCE ?)f SwMrr Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/29/2009 12:15 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: Aimee S. Woolf, 46 East Main Street, Walnut Bottom, Cumberland County, Pennsylvania, 17266 but was unable to locate her in his bailiwick he therefore returns the within Complaint as not found as to the defendant, Aimee S. Woolf. Per Post Office defendant moved to 405 Pidgeon Hill Road, Branonville, NJ 07816. 05130/2009 12:15 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: David R. Woolf, Jr., 46 East Main Street, Walnut Bottom, Cumberland County, Pennsylvania, 17266 but was unable to locate him in his bailiwick he therefore returns the within Complaint as not found as to the defendant, David R. Woolf, Jr. Per Post Office defendant moved to 405 Pidgeon Hill Road, Branonville, NJ 07816. SHERIFF COST: $64.80 June 01, 2009 SO ANSWERS, / R THOMAS KLINE, SHERIFF 2009-3257 Nationstar Mortgage LLC v David & Aimee Woolf - w? ?a Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 I.--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 NATIONSTAR MORTGAGE LLC Plaintiff VS. DAVID R. WOOLF, JR A/K/A DAVID R. WOOLF AIMEE S. WOOLF Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 2009-03257 : CUMBERLAND COUNTY PHS 4: 205967 0 AIMEE S. WOOLF 46 EAST MAIN STREET WALNUT BOTTOM, PA 17266-9713 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 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: 7/8/09 VERIFICATION U Spt ? 1 Cbm vp-- hereby states that he/she is \lrP?Owrc- U d? S? of NATIONSTAR MORTGAGE, servicing agent for Plaintiff, NATIONSTAR MORTGAGE LLC, 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 unworn falsification to authorities. DATE: 5. C) \ 0 0 Name: i f Title: V t e-,d su Company: NATIONSTAR MORTGAGE DONNE STEVENSON -MV Corrwnf ww Expires July 1, 2010 File #: 205967 Woolf .,. !i , •y?w"'...,a?e.;.?? ?;?p..,,?,,c..<.,q?,„e,-gyp; a..r .<, 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 NATIONSTAR MORTGAGE LLC Plaintiff VS. DAVID R. WOOLF, JR A/K/A DAVID R. WOOLF AIMEE S. WOOLF Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 2009-03257 : 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: DAVID R. WOOLF, JR A/K/A DAVID R. WOOLF 46 EAST MAIN STREET WALNUT BOTTOM, PA 17266-9713 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 for PI i tiff By:d Lawrence T. Phelan, Esquire ,-"V-rancis 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: 7/8/09 PHS #: 205967 w 20 09 J'l L 13 Pli 31