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HomeMy WebLinkAbout09-4146 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 ?ffoshua 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 208773 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS- THROUGH CERTIFICATES, 2006-EQ1 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff V. KIMBERLY A. MELACHRINOS F/K/A KIMBERLY A. RUMMEL PAUL A. MELACHRINOS 627 WEST MAIN STREET MECHANICSBURG, PA 17055-3246 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM 60 1 NO. d 9 - '// 4/0 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 208773 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 #: 208773 Plaintiff is US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, 2006-EQ1 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: KMMERLY A. MELACHRINOS F/K/A KIlVIBERLY A. RUMMEL PAUL A. MELACHRINOS 627 WEST MAIN STREET MECHANICSBURG, PA 17055-3246 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/08/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR EQUIFIRST CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1979, Page 4364. 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 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 File #: 208773 by written notice sent to Mortgagor, the entire principal balance and all interest due 6. thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $147,359.63 Interest $5,352.96 02/01/2009 through 06/16/2009 (Per Diem $39.36) Attorney's Fees $1,300.00 Cumulative Late Charges $225.40 05/08/2006 to 06/16/2009 Property Inspections $32.50 Appraisal/Brokers Price Opinion $7.28 Cost of Suit and Title Search 750.00 Subtotal $155,027.77 Escrow Credit ($696.70) Deficit $0.00 Subtotal 696.70 TOTAL $154,331.07 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 File #: 208773 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 $154,331.07, together with interest from 06/16/2009 at the rate of $39.36 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 A L CHMIEG, LLP By: La ence IF[ Phelan, E uire an cis S. llinan squire aniel G. Schm>eg, 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 1bA2C,!?y-1Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorneys for Plaintiff File #: 208773 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING on a staked line at corner of Lot Number four (4), as laid out in Plan of Lots of George S. Markely, recorded in Plan Book 1, Page 47, formerly owned by Charles M. Keefer and Marilyn N. Keefer, his wife; thence Westward along said West Main Street, fifty (50 feet) feet to a point in Lot Number (2), twenty (20 feet) feet West from the Eastern line of said Lot Number two (2); thence Southward on a line parallel with said Eastern line of Lot Number two (2), ninety-three and six hundred twenty-five thousandths (81.25 feet plus 12.375 feet) feet to Simpson Road; thence Eastward along said Simpson Road, fifty-two and two hundred sixteen thousandths (52.216 feet) feet to corner of said Lot Number four (4); thence Northward along line of same, one hundred eight and thirty-one hundredths (95.935 feet plus 12.374 feet) feet to said staked line on said West Main Street, the place of BEGINNING. The dwelling house thereon erected is known as Number 627 West Main Street, being Lot Number three (3) and the Eastern twenty (20 feet) feet of Lot Number two (2), as shown in the Plan of Record of George S. Markely, as recorded in the Recorder's Office in and for Cumberland County, Pennsylvania, in Plan Book 1, Page 47. PARCEL ID NO: 20-23-0567-170 ADDRESS: 627 WEST MAIN STREET File #: 208773 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. At ey or Plaintif ?oSHUH- X. Gco-bv" 4V DATE: 1? ?1 File #: 208773 fir T? (c F? f' f?;r Y 2OC9 JLlf,' 18 k a 11.2 # #?B s6 #Al ?k- P14 ?91 W-71 Sheriffs Office of Cumberland County R Thomas Kline tr 01 ?rvftnb ,r Edward L Schorpp Sheri c. $t ' Solicitor Ronny R Anderson Jody S Smith Chief Deputy 0Fr l<E f `E fi"EPIFF Civil Process Sergeant US Bank National Association vs. Kimberly A. Melachrinos Case Number 2009-4146 SHERIFF'S RETURN OF SERVICE 06/29/2009 08:24 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on June 29, 2009 at 2024 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Paul A. Melachrinos, by making known unto Kimberly Melachrinos, wife of defendant at 627 West Main Street Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. 06/29/2009 08:24 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on June 29, 2009 at 2024 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Kimberly A. Melachrinos f/k/a Kimberly A. Rummel, by making known unto herself personally, defendant at 627 West Main Street Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $53.00 June 30, 2009 SO ANSWERS, R THOMAS KLINE, HERIFF Deputy' Sheriff 67 r., C ? U ? r : C= emu .