The URL can be used to link to this page

Home My WebLink About09-5517V/ 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 213107 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION 4000 HORIZON WAY IRVING, TX 75063 Plaintiff V. CARROLL E. KINSEY, JR JOANNE L. KINSEY 300 WEST MAIN STREET APARTMENT B MECHANICSBURG, PA 17055-3226 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM O(VI NO. Gg - 55`/7 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 213107 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 #: 213107 1. Plaintiff is FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION 4000 HORIZON WAY IRVING, TX 75063 2. The name(s) and last known address(es) of the Defendant(s) are: CARROLL E. KINSEY, JR JOANNE L. KINSEY 300 WEST MAIN STREET APARTMENT B MECHANICSBURG, PA 17055-3226 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/23/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR FIRST HORIZON HOME LOAN CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1901, Page 4822. 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 #: 213107 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 $121,020.65 Interest $4,064.10 02/01/2009 through 08/05/2009 (Per Diem $21.85) Attorney's Fees $1,300.00 Cumulative Late Charges $200.70 03/23/2005 to 08/05/2009 Mortgage Insurance Premium / $30.00 Private Mortgage Insurance Cost of Suit and Title Search 750.00 Subtotal $127,365.45 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $127,365.45 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 person am 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 #: 213107 discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. The mortgage premises are vacant and abandoned. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $127,365.45, together with interest from 08/05/2009 at the rate of $21.85 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: awrence 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 Attorneys for Plaintiff File #: 213107 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at the southwest corner of 'H' and North West Streets; thence along the western side of North West Street South 14 degrees 09 minutes 31 seconds West a distance of 102 feet to a point which is the northeast corner of Lot No. 2 as shown on the Plan recorded in Plan Book 65 at Page 25 in the Office of the Recorder of Deeds in and for Cumberland County; thence along said Lot No. 2 North 75 degrees 50 minutes 29 seconds West [inadvertently stated as North in prior Deed but see Deed Book 117, Page 1153] a distance of 102 feet to a point on the East side of Lot 1B as shown on the Final Subdivision Plan of Morgan Way, dated February 23, 1993 and recorded in Cumberland County Plan Book 66, at Page 36; thence along said Lot 1B, North 14 degrees 09 minutes 31 seconds East a distance of 102 feet to a point on the southern side of 'H' Street; thence at the southern side of 'H' Street South 75 degrees 50 minutes 29 seconds East a distance of 102 feet to a point, the southwest corner of 'H' and North West Streets, the place of BEGINNING. Having thereon erected a dwelling known and numbered as 1140 North West Street. BEING the same premises which Carlisle Area School District, a municipal corporation, by its deed dated March 1, 2001, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 241, Page 355, granted and conveyed unto Harold B. Kivlan, III, t/a Dickinson Real Estate Investments, Grantor herein. PROPERTY BEING; 1140 NORTH WEST STREET PARCEL# 06-19-1643-404 File #: 213107 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 unswom falsifications to authorities. DATE: Lawrence T. Phelan, Esq., Id. No. 227 ? 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 Attorney for Plaintiff File #: 213107 4 1 OF TFi" L 'R y 1 f IV I ry Sheriffs Office of Cumberland County R Thomas Kline Sheri Ronny R Anderson Chief Deputy ??a??tr ct ?uipbrrr??? F; l OF T3' .Y ; I ' CawY Jody S Smith Civil Process Sergeant £}MCE Or T,E S" ERIFF , <" C U11 a Edward L Schorpp Solicitor First Horizon Home Loans vs. Carroll E. Kinsey, Jr. Case Number 2009-5517 SHERIFF'S RETURN OF SERVICE 08/26/2009 12:00 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on August 26, 2009 at 1200 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Joanne L. Kinsey, by making known unto herself personally, at 300 West Main Street, Apt. B 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. Request for service at 1140 North West Street Carlisle, PA 17013 is vacant. 08/26/2009 12:00 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on August 26, 2009 at 1200 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Carroll E. Kinsey Jr., by making known unto Joanne Kinsey, wife of defendant at 300 West Main Street, Apt. B 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. Request for service at 1140 North West Street Carlisle, PA 17013 is vacant. SHERIFF COST: $49.40 August 27, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF By_ g? <Z Deputy Sheriff