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Home My WebLink About09-3707Phelan 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 ,,4oshua 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 207096 JPMC SPECIALTY MORTGAGE, LLC 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 Plaintiff V. DINO H. RABANAL 50 SEAVERS ROAD, NEWVILLE, PA 17241-9529 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Oq- 3707 0""'1 le r. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 207096 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 He #: 207096 by written notice sent to Mortgagor, the entire principal balance and all interest due 6. 7 8 thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $38,938.86 Interest $3,440.25 09/01/2008 through 06/02/2009 (Per Diem $12.51) Attorney's Fees $1,300.00 Cumulative Late Charges $147.90 04/23/2001 to 06/02/2009 Property Inspections $130.00 Appraisal/Brokers Price Opinion $109.50 Cost of Suit and Title Search 750.00 Subtotal $44,816.51 Escrow Credit $0.00 Deficit $710.80 Subtotal 710.80 TOTAL $45,527.31 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 File #: 207096 1. Plaintiff is JPMC SPECIALTY MORTGAGE, LLC 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 2. The name(s) and last known address(es) of the Defendant(s) are: DINO H. RABANAL 50 SEAVERS ROAD NEWVILLE, PA 17241-9529 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/23/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMERIQUEST MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1697, Page 123. By Assignment of Mortgage recorded 01/08/2009 the mortgage was assigned to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ('MERS'), A DELAWARE CORPORATION, ITS SUCCESSORS OR ASSIGNS, AS NOMINEE FOR JPMORGAN CHASE BANK, which Assignment is recorded in Assignment of Mortgage Instrument No. 200900563. 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 10/01/2008 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 File #: 207096 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $45,527.31, together with interest from 06/02/2009 at the rate of $12.51 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: Law?nce . Phelan, quire Fr cis S. lin squire 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 lb?q 2oS-6y'} Courtenay R. Dunn, Esquire Attorneys for Plaintiff File #: 207096 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND, together with improvements thereon erected, all situate in the Township of Penn, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a steel pin set on the southernmost dedicated right-of-way line of Seaver Road (T-347), said pin marking the common point of adjoiner of Lots 45 and #9 on the hereinafter mentioned plan with said dedicated right-of-way line (said pin also being located for reference purposes only North eighty-nine (89) degrees twenty-eight (28) minutes eighteen (18) seconds East, a distance of fifty and two hundredths (50.02) feet, as measured by said right-of-way line from lands now or formerly of Walter H. Gantz); thence departing from Lot #5 and extending along the Seaver Road right-of-way line, North eighty-nine (89) degrees twenty-eight (28) minutes eighteen (18) seconds East, for a distance of one hundred sixty-eight and seventy-four hundredths (168.74) feet to a steel pin on said right-of-way line at Lot #2; thence departing from the Seaver Road right-of-way line and extending along Lot #2, South one (1) degree forty-five (45) minutes zero (00) seconds East, for a distance of three hundred fifteen and no hundredths (315.00) feet to a steel pin at Lot #3 on the hereinafter mentioned plan; thence extending along Lot #3, South eighty-nine (89) degrees twenty-eight (28) minutes eighteen (18) seconds West, for a distance of one hundred sixty-eight and seventy-four hundredths (168.74) feet to a steel pin at Right-of-Way 'A', which is part of Lot #5 on the hereinafter mentioned plan; thence extending along said right-of-way and Lot #5, North one (1) degree forty-five (45) minutes zero (00) seconds West, for a distance of three hundred fifteen and no hundredths (315.00) feet to a steel File #: 207096 pin set on the southernmost dedicated right-of-way of Seaver Road; said pin marking the place of BEGINNING. BEING designated as Lot #9 on a final plan of subdivision of Penn Hills prepared for Harmon- Graves Company by Mort, Brown and Associates, dated September 29, 1988, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 56, at page 108. UNDER AND SUBJECT, NEVERTHELESS, to the conditions and restrictions as set forth in Deed Book 33-U, page 254. PROPERTY BEING; 50 SEAVERS ROAD PARCEL# 31-12-0330-041 File #: 207096 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 in f®rmation 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. Atto ey f r Plainriff 73oSNvA Y, k -C1MAN DATE: d " 2 File #: 207096 a OF T pftT' 2009 JUN -4 PH 1:38 CUA46 ;,_Af-,t) i,,p#?NTY NSYl, NA -* 18. 50 p is All-I cx,-V%f3aIO6 W aa6a.'S Sheriffs Office of Cumberland County R Thomas Kline of c'umhr Edward L Schorpp ?o«titn rfh? Sheriff Solicitor , 4--? Ronny R Anderson Jody S Smith Chief Deputy OFFICE OF THE SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 06/13/2009 09:11 AM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on June 13, 2009 at 0911 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Dino H. Rabanal, by making known unto himself personally, defendant at 50 Seavers Road Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $38.80 June 15, 2009 SO ANSWERS, A?? 499!!?4. R THOMAS KLINE, SHERIFF ff Deputy/'Sheri 2009-3707 JPMC Speciality Morgage V Dino Rabanal cv C= ? N) 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff JPMC Specialty Mortgage, LLC Court of Common Pleas Plaintiff Civil Division vs Cumberland County Dino H. Rabanal No. 09-3707-Civil Term Defendant PHS# 207096 PRAECIPE TO THE PROTHONOTARY: Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please mark judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. X Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: Tune 16, 2009 PHELAN HALLINAN & SCHMIEG, LLP By: 9013 / Lawre e 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 Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Attorneys for Plaintiff p y 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 JPMC SPECIALTY MORTGAGE, LLC Plaintiff vs. DINO H. RABANAL Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO.09-3707-CIVIL TERM CUMBERLAND COUNTY PHS #: 207096 PRAECIPE TO SUBSTITU E VERIFICATION TO CIVIL ACTION OMPLAINT IN MORTGAGE FO CLOSURE TO THE PROTHONOTARY: ~ Kindly substitute the attached verification for Ithe verification originally filed with the complaint in the instant matter. ~' Phelan Hallinan & Schpnieg, LLP Attorney for Plaintiff By: ^ La nce T. Phela ,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, ~sq., Id. No. 58745 ^,Sheetal R. Shah-J i, Esq., Id. No. 81760 (~ Jenine R. Davey, E q., Id. No. 87077 ^ Lauren R. Tabas, E q., Id. No. 93337 ^ Vivek Srivastava, sq., Id. No. 202331 ^ Jay B. Jones, Esq., d. No. 86657 ^ Peter J. Mulcahy, q., Id. No. 61791 ^ Andrew L. Spivack Esq., Id. No. 84439 ^ Jaime McGuinness Esq., Id. No. 90134 ^ Chrisovalante P. Fl akos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn Esq., Id. No. 206779 ^ Andrew C. Brambl tt, Esq., Id. No. 208375 Date: 7-15-09 PHS #: 207096 i Y~l~t.~ ~ ~ 1•t 209 J ~~ ! 7 P~ ~ 1~ 2 i ' =a ~ ~. R. Beth Cottrell Vice President hereby states that he/she is of CHASE HOME! FINANCE, servicing agent for Plaintiff, JPMC SPECIALTY MORTGAGE, LLC, in this mattier, that he/she is authorized to take this Verification, and that the statements made in the fore~oing 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 ~ to unsworn falsification to authorities. DATE: (0 File #: 207096 Rabanal of 18 Pa. C.S. Sec. 4904 relating Beth Cottrell Vice President CHASE HOME. FINANCE saaz ~ o Nnr 1 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 JPMC SPECIALTY MORTGAGE, LLC Plaintiff vs. DINO H. RABANAL Defendant(s) I hereby certify that a true and correct copy of Complaint was sent via first class mail to the fol ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION N0.09-3707-CIVIL TERM CUMBERLAND COUNTY stiff s Praecipe to attach Verification on the date listed below: - ~ DINO H. RABANAL 50 SERVERS ROAD, NEWVILLE, PA 17241-9529 Phelan By: . ^ >: ^F ^I ^ 1\ ^J ^ V1VE ^ Jay l ^ Pete. ^ And ^ Jaim ^ Chri ^ Josh ^ Cou ^ And Date: 7-15-09 allinan & Schmieg, LLP for Plaintiff ;nce T. Pl~lan, Esq., Id. No. 32227 is S. Hallinan, Esq., Id. No. 62695 :1 G. Schmieg, Esq., Id. No. 62205 ale M. Bradford, Esq., Id. No. 69849 ~ T. Romano, Esq., Id. No. 58745 al R. Shah-Jani, Esq., Id. No. 81760 R. Davey, Esq., Id. No. 87077 n R. Tabas, Esq., Id. No. 93337 Srivastava, Esq., Id. No. 202331 . Jones, Esq., Id. No. 86657 J. Mulcahy, Esq., Id. No. 61791 ;w L. Spivack, Esq., Id. No. 84439 McGuinness, Esq., Id. No. 90134 ~valante P. Fliakos, E;sq., Id. No. 94620 a I. Goldman, Esq., Id. No. 205047 enay R. Dunn, Esq., ld. No. 206779 ;w C. Bramblett, Esq., Id. No. 208375 I ~"" f' i I .:I '~ n~= T< < ~~~~:, ^~r~~,R~ 2~0~ ,.!~'L 17 ~~~ 1 ~ 2 I F ~. 1~~ `