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HomeMy WebLinkAbout09-5806Phelan 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 p.-Aime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. 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 210671 LITTON LOAN SERVICING, LP 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 Plaintiff V. PATRICIA ANN MCNEIL AKA PATRICIA A. MCNEIL CHRISTINA MCNEIL 522 EAST SIMPSON STREET MECHANICSBURG, PA 17055 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 0 9 - 6-5-6 6 c dv, CUMBERLAND COUNTY File #: 210671 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 #: 210671 Plaintiff is LITTON LOAN SERVICING, LP 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 2. The name(s) and last known address(es) of the Defendant(s) are: PATRICIA ANN MCNEIL AKA PATRICIA A. MCNEIL CHRISTINA MCNEIL 522 EAST SIMPSON STREET MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/21/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR SUNTRUST MORTGAGE, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1986, Page 4755. 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 12/01/2008 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 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 210671 6. The following amounts are due on the mortgage: Principal Balance $92,343.28 Interest $4,860.40 11/01/2008 through 08/17/2009 (Per Diem $16.76) Attorney's Fees $1,300.00 Cumulative Late Charges $60.20 03/21/2007 to 08/17/2009 Cost of Suit and Title Search 75D m Subtotal . - $99,313.88 Escrow Credit ($102.82) Deficit $0.00 Subtotal (I 1 R 1 TOTAL $99,211.06 7 8. 9 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 persanam 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. 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 File #: 210671 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 $99,211.06, together with interest from 08/17/2009 at the rate of $16.76 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 yy? ? 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 ? Pete Mulcahy, Esq., Id. No. 61791 drew 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 #: 210671 LEGAL DESCRIPTION ALL THAT CERTAIN PIECE, PARCEL AND TRACT OF LAND situate in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the center line of the Simpson Road at corner of property now or formerly of Latimer G. Anderson and Verna S. Anderson, his wife; thence along the center line of said Simpson Road, North 65 degrees 30 minutes East 60 feet to a point; thence along the line of property now or formerly of Wilbur N. Fought and Elizabeth M. Fought, his wife, South 16 degrees East 150 feet to a stake; thence along the same, South 64 degrees 30 minutes West 60 feet to a stake; thence along the line of the aforesaid property now or formerly of Latimer G. Anderson and Verna S. Anderson, North 16 degrees West 150 feet to a point in the center of the Simpson Road, the place of BEGINNING. SUBJECT, HOWEVER, to the following restrictions: That no building or part of building shall be erected closer to the Simpson Road than the dwelling house now erected upon the property now or formerly of Laitmer G. Anderson and Verna S. Anderson, his wife; and that no dwelling house shall be erected on said lot of ground costing less than $5,000.00; that no objectionable business such as junkyard, slaughterhouse, etc., shall be constructed on said lot of ground. BEING an undivided one-half (1/2) interest in a property which was conveyed to Samuel F. Miller and Renee I. Miller;, his wife, by deed of Jan M. Wiley, Executor of the Estate of Lena T. Stone, dated December 15, 1971, and recorded in Cumberland County Deed Book K, Volume File #: 210671 24 Page 613. The said Samuel F. Miller and Renee I. Miller were divorced from the bonds of matrimony on February 10, 1982, by action entered to No. 76-665 in the Court of Common Pleas of the 41 st Judicial District of Pennsylvania, Perry County Branch, thereby creating a tenancy in common between the said Samuel F. Miller and Renee I. Miller. PROPERTY BEING; 522 EAST SIMPSON STREET PARCEL# 17-23-0563-03119 File #: 210671 The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. 644 j? Attorney for Plaintiff DATE: File #: 210671 FL -, 4RY 2009 A 24 AN 27 ?l, Jr 56 p ,??a5?3y Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant oFF :? -?t _?ERirr Edward L Schorpp Solicitor FILED-t F ? JTA??Y (')F THE Fi'r`', 20x9 SEP -$ AN1$? 3? PENNINLYP Litton Loan Servicing, LP vs. Patricia Ann McNeil Case Nunhber SHERIFF'S RETURN OF SERVICE 08/31/2009 11:50 AM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on Au ust 31, 2009 at 1150 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, up n the within named defendant, to wit: Christina McNeil, by making known unto herself personally, at 522 ast Simpson Street Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the s ame time handing to her personally the said true and correct copy of the same. 08/31/2009 10:48 AM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on Au ust 31, 2009 at 1048 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, up n the within named defendant, to wit: Patricia Ann McNeil, by making known unto herself personally, at 5 2 Eas- Simpson Street Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the sa me time handing to her personally the said true and correct copy of the same. SHERIFF COST: $62.00 SO ANSWERS ?;?qr J& September 01, 2009 R THOMAS KLINE, SHERIFF By De thy Sh riff 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 LITTON LOAN SERVICING, LP Plaintiff VS. PATRICIA ANN MCNEIL A/K/A PATRICIA A. MCNEIL CHRISTINA MCNEIL Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-5806 CIVIL TERM : CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 210671 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: ? La nce 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 ? ndrew 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 Date: 9-17-09 PHS #: 210671 VERIFICATION lI ?1 hereby states that he/she is of LITTON LOAN SERVICING, L.P., servicing agent for Plaintiff 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: r'. JE.F1 tS?? ?,t DATE: Title: CV -JC Company: LITTON LOAN SERVICING, L.P. File k 210671 McNeil 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 LITTON LOAN SERVICING, LP Plaintiff VS. PATRICIA ANN MCNEIL A/K/A PATRICIA A. MCNEIL CHRISTINA MCNEIL Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-5806 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: PATRICIA ANN MCNEIL A/K/A PATRICIA A. MCNEIL 522 EAST SIMPSON STREET MECHANICSBURG, PA 17055 PHS #: 210671 CHRISTINA MCNEIL 522 EAST SIMPSON STREET MECHANICSBURG, PA 17055 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff c By: _ ? La ence 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 ? Mdrew 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 Date: 9-17-09 PHS #: 210671 F T-11- SEP 21 'F 'M i'2 " L 1, 2999 h h I "t ? j ? " i=c ? ?„ k t 4 ;?. LITTON LOAN SERVICING,LP COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiff No. 09-5806, Civil V. PATRICIA ANN MCNEIL, aka PATRICIA A. MCNEIL, and MORTGAGE FORECLOSURE CHRISTINA MCNEIL Defendant ANSWER 1. Denied. Defendant is without information or belief sufficient to respond to the allegation and proof thereof is demanded at trial. 2. Admitted. 3. Denied. Defendant is without information or belief sufficient to respond to the allegation and proof thereof is demanded at trial. 4. Admitted. 5. Denied. As set out more fully in New Matter and Affirmative Defenses below, Defendant's loan is eligible for modification under the Home Affordable Modification Program, pursuant to which Plaintiff is obligated to explore Defendant's eligibility for this and any other program she may be eligible for, before proceeding further with foreclosure. 6. Denied. As set out more fully in New Matter and Affirmative Defenses below, Defendant's loan is eligible for modification under the Home Affordable Modification Program, pursuant to which Plaintiff is obligated to explore Defendant's eligibility for this and any other program she may be eligible for, before proceeding further with foreclosure. 7. Denied. Defendant is without information or belief sufficient to respond to the allegations and proof thereof is demanded at trial. 8. Denied. Defendant is without information or belief sufficient to respond to the allegations and proof thereof is demanded at trial. 9. Admitted. WHEREFORE, Defendant prays that Plaintiff's complaint be dismissed and judgment entered for Defendant. NEW MATTER 10. Paragraphs 1-9 are incorporated herein by reference hereto. 11. Defendant's loan with Plaintiff is eligible for modification pursuant to the Home Affordable Modification Program. 12. Pursuant to said Program, any foreclosure action is to be temporarily suspended pending application of the borrower for the Program or alternative foreclosure prevention options. Program Guidelines, p. 3, "In Foreclosure Process: Temporary Suspension of Foreclosure Proceedings." Supplemental Directive 09-1, p.14, "Temporary Suspension of Foreclosure Proceedings." 13. Defendant has applied for the Program and has received an application packet, but has not received any information as to her eligibility. AFFIRMATIVE DEFENSE HOME AFFORDABILITY MODIFICATION PROGRAM (HAMP) 14. Paragraphs 1-13 are incorporated herein by reference hereto. 15. Until Plaintiff has determined Defendant's eligibility for HAND, or other foreclosure prevention programs, Plaintiff cannot proceed with the above-captioned action. WHEREFORE, Defendant prays that Plaintiff's complaint be dismissed and judgment entered for the Defendant. Dated: September 28, 2009 MIDPENN LEGAL SERVICES By: Geoffrey M.Biringer 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Supreme Court ID#18040 VERIFICATION I, Patricia Ann McNeil, make this verification that the facts set forth in the foregoing Answer, are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Cis I 1 2J . Date: 9/ 9 Patricia Ann McNeil CERTIFICATE OF SERVICE I, Geoffrey M. Biringer, being a member in good standing of the Bar of Pennsylvania, hereby certify that I served a true and correct copy of the foregoing Answer on this 28th day of September 2009, by placing same in the United States mail, first class, postage prepaid, addressed as follows: Courtenay R. Dunn, Esquire PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK Boulevard, Suite 1400 Philadlephia, PA 19103 By: Geoffrey M. Biringer Attorney for the Defendant 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Supreme Court ID#18040 OF TF 2CPj')' ?:`?i' 28 Pl i 2: 1 1 1 PHELAN HALLINAN & SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification No.: 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 Litton Loan Servicing, LP Plaintiff vs. Patricia Ann McNeil A/K/A Patricia A. McNeil Christina McNeil Defendants Attorney for Plaintiff Court Of Common Pleas Civil Division Cumberland County No. 09-5806 Civil Term CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff's Reply to Defendant, Patricia Ann McNeil's New Matter was sent via first class mail to the person listed below on the date indicated: Geoffrey M. Biringer, Esquire MidPenn Legal Services 401 East Louther Street, Suite 103 Carlisle, PA 17013 Christina McNeil 522 East Simpson Street Mechanicsburg, PA 17055 Date: 0 By: Joseph Vj Schalk, Esc Attrnev for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification No.: 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 Litton Loan Servicing, LP Plaintiff VS. Patricia Ann McNeil A/K/A Patricia A. McNeil Christina McNeil Defendants Attorney for Plaintiff Court Of Common Pleas Civil Division Cumberland County No. 09-5806 Civil Term PLAINTIFF'S REPLY TO DEFENDANT, PATRICIA ANN MCNEIL'S NEW MATTER Plaintiff, Litton Loan Servicing, LP, by its attorney, Joseph P. Schalk, Esquire, hereby files the within Reply to New Matter of Defendant, Patricia Ann McNeil A/K/A Patricia A. McNeil, and in support thereof, states as follows: 10. Plaintiff incorporates herein by reference the averments of paragraphs one (1) through nine (9) of its Complaint as if set forth herein at length. 11. Denied. The averment of paragraph eleven (11) contains a conclusion of law to which no response is necessary. To the extent that a response is required, until Plaintiff has reviewed the Defendant's application for any modification program, eligibility can not be determined. 12. Denied. The averment of paragraph twelve (12) contains conclusion of law to which no response is necessary. To the extent that a response is required, the guidelines for the Home Affordable Modification Program speaks for themselves and to date Plaintiff s counsel has not been advised that any application has been submitted to date. At the time an application is submitted, Plaintiff will review and determine whether or not it should continue to proceed with its foreclosure action. 13. Denied. Plaintiff s counsel is without information or knowledge sufficient to form a belief as to the truth of the within averment. By way of further response, Defendant did not include a copy of the alleged application package to her Answer with New Matter. 14. Plaintiff incorporates herein by reference paragraphs one (1) through nine (9) of its Complaint and paragraph ten (10) through thirteen (13) of its Reply to Defendant's New Matter above, as set forth herein at length. 15. Denied. The averment of paragraph fifteen (15) contains a conclusion of law to which no response is necessary. To the extent that a response is required, Plaintiff s counsel is without information or knowledge sufficient to form a belief as to the truth of Defendant's allegations that she has applied for or is eligible for the Home Affordable Modification Program. Strict proof to the contrary is demanded. WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor and against Defendant as requested in Plaintiffs Complaint. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: 3 0 A VERIFICATION Joseph P. Schalk, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to make this verification, and that the statements made in the foregoing Reply to New Matter are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. Date: t % o By: PHELAN HALLINAN & SCHMIEG, LLP V- v Joseh Schalk, Esq Atto ey for Plaintiff 126 ocust Street H sburg, PA 17101 )563-7000 j "??i?•ii ?.`i tt_?'. !?-:.i `.. fir.; PHELAN HALLINAN & SCHMIEG, LLP By: Vivek Srivastava, Esquire Identification No. 202331 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Litton Loan Servicing, LP Plaintiff VS. Patricia Ann McNeil &Wa Patricia A. McNeil Christina McNeil 522 East Simspon Street Mechanicsburg, PA 17055 Defendants Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 09-5806 Civil Term PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against Defendant Christina McNeil, only, for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: DAMAGES TO BE ASSESSED AT A LATER DATE. I hereby certify that (1) the addresses of the Plaintiff and D dant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, co taed. By: Vivek Srivastava, Esquire Attorney for Plaintiff Date: S P O PROTHONOTA PHELAN HALLINAN & SCHMIEG, LLP By: Vivek Srivastava, Esquire Identification No. 202331 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Litton Loan Servicing, LP Plaintiff VS. Patricia Ann McNeil Wa Patricia A. McNeil Christina McNeil 522 East Simspon Street Mechanicsburg, PA 17055 Defendants Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County : No. 09-5806 Civil Term VERIFICATION OF NON-MILITARY SERVICE Vivek Srivastava, Esquire, hereby verifies that he is attorney for the Plaintiff in the above- captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant Christina McNeil is over 18 years of age and her last known address is 522 East Simspon Street, Mechanicsburg, PA 17055. This statement is made subject to the penalties of 18 P C.S. Section 4904 relating to unswom falsification to authorities. I A By: Vivek Srivastava, Esquire Attorney for Plaintiff LITTON LOAN SERVICING, LP COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff v PATRICIA ANN MCNEIL, A/K/A PATRICIA A. NO. 09-5806 CIVIL TERM CUMBERLAND COUNTY MCNEIL CHRISTINA MCNEIL Defendant(s) TO: CHRISTINA MCNEIL 522 EAST SIMPSON STREET MECHANICSBURG, PA 17055 DATE OF NOTICE: September 23, 2009 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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. PHS # 210671 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 By: L nce 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 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 2067#)-- Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 210671 Sheriffs Office of Cumberland County R Thomas Kline Sheri Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant OFF40E Of SHERIFF Edward L Schorpp Solicitor Litton Loan Servicing, LP vs. Patricia Ann McNeil Case Number 2009-5806 SHERIFF'S RETURN OF SERVICE 08/31/2009 11:50 AM - Mark Conklin, Deputy Sheriff, who being duly swom according to law, states that on August 31, 2009 at 1150 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Christina McNeil, by making known unto herself personally, at 522 East Simpson Street Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. 08/31/2009 10:48 AM - Mark Conklin, Deputy Sheriff, who being duly swom according to law, states that on August 31, 2009 at 1048 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Patricia Ann McNeil, by making known unto herself personally, at 522 Eas Simpson Street Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $62.00 SO ANSWER September 01, 2009 R THOMAS KLINE, SHERIFF By De ty Sh iff. I 2GC9 OCT 20 A?i 0: 56 ?T 14.oo PD AT rf CL4 F45saa &a i lea-kce- P"i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Litton Loan Servicing, LP Court of Common Please Plaintiff Civil Division VS. Cumberland County Patricia Ann McNeil No. 09-5806 Civil Term aWa Patricia A. McNeil Christina McNeil Defendants Notice of Entry of Judgment in Accordance with Pa. R.C.P.. Rule 236 Notice is given that a Judgment in the above-captioned matter has been entered against Christina McNeil on to o Lo.? /0' , By: S DEPUTY bra If you have any questions concerning this matter, please contact: Vivek Srivastava, Esquire ID# 202331 Attorney for Party Filing One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. LITTON LOAN SERVICING, LP, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 09-5806, Civil _ PATRICIA ANN MCNEIL e_7 a/k/a PATRICIA A. MCNEIL CHRISTINA MCNEIL, _ Defendants MORTGAGE FORECLOSURE a iQ . ?a 1 . ( ?C N = e5 ?tt7 TITION OF COUNSEL FOR LEAVE TO WITHDRAW APPEARANCES P E NOW COMES, MidPenn Legal Services, and moves this Honorable Court as follows: Petitioner was retained by Patricia McNeil to represent her with filing an Answer in the above-captioned matter in September, 2009. 2. Petitioner filed an Answer and New Matter on September 28, 2009. 3. Defendant Patricia McNeil has failed to cooperate with MidPenn Legal Services since approximately December, 2009. 4. Defendant Patricia McNeil has not had contact with MidPenn Legal Services since approximately December, 2009. 5. Defendant Patricia McNeil has failed to respond to Petitioner's three letters and numerous telephone calls and messages. 6. Correspondence mailed to Defendant Patricia McNeil has not been returned and is assumed to have been delivered. 7. Petitioner sent correspondence dated Augustl 1, 2010 to Defendant Patricia McNeil advising of the intention to withdraw our appearance and Defendant Patricia McNeil has not responded to the correspondence. 8. Petitioner's continued representation of Defendant Patricia McNeil has been rendered unreasonably difficult due to the lack of contact and, therefore, good cause exists under Rule 1. 16 (b)(5) of the Pennsylvania Rules of Professional Conduct for Petitioner's withdrawal of appearance in the case. WHEREFORE, MidPenn Legal Services respectfully prays this Honorable Court to enter an order allowing leave to withdraw from representation of Patricia McNeil, Defendant in the instant matter. Dated: A Ito Supreme Court I.D. #87916 MidPenn Legal Services 213A N. Front St. Harrisburg, PA 17101 717-232-0581, ext. 2106 LITTON LOAN SERVICING, LP, Plaintiff vs. PATRICIA ANN MCNEIL a/k/a PATRICIA A. MCNEIL CHRISTINA MCNEIL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-5806, Civil MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE BY MAIL I, Nick Matash, do hereby swear that I served Defendants and Opposing Counsel with a Petition to Withdraw in the above-captioned matter, pursuant to Pa.R.Civ.P. 440, by first class mail to the persons and addresses below: Patricia McNeil 522 East Simpson Street Mechanicsburg, PA 17055 Christina McNeil 522 East Simpson Street Mechanicsburg, PA 17055 Joseph P. Schalk, Esquire Phelan Hallman & Schmieg, LLP 126 Locust Street Harrisburg, PA 17101 I, Nick Matash, verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to autzic s. Dated: atash, Esq. Supreme Court I.D. #87916 MidPenn Legal Services 213A N. Front St. Harrisburg, PA 17101 717-232-0581, ext. 2106 RLC-D--D ,rF y j, 2* 4 PENwSYLVAN A PHELAN HALLINAN & SCHMIEG, LLP BY: SHEETAL R. SHAH-JANI, ESQUIRE Identification No. 81760 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 LITTON LOAN SERVICING 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 Plaintiff V. PATRICIA ANN MCNEIL A/K/A PATRICIA A. MCNEIL CHRISTINA MCNEIL 522 EAST SIMPSON STREET MECHANICSBURG, PA 17055 Defendant PRAECIPE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-5806 CIVIL TERM CUMBERLAND COUNTY ? Please mark the above referenced case Discontinued and Ended without prejudice. ? Please mark the above referenced case Settled, Discontinued and Ended without prejudice. ? Please mark Judgments satisfied and the Action settled, discontinued and ended without prejudice. ? Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. ? Please withdraw the complaint and mark the action discontinued and ended without prej udiI ?0 I'/ e. 1 Date: Sheetal R. Sha14-j,-A, Esquire Attorney for Plaintiff PHS# 210671 PHELAN HALLINAN & SCHMIEG, LLP BY: SHEETAL R. SHAH-JANI, ESQUIRE Identification No. 81760 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 3-7000 LITTON LOAN SERVICING 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 Plaintiff V. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-5806 CIVIL TERM PATRICIA ANN MCNEIL A/K/A PATRICIA A. MCNEIL CHRISTINA MCNEIL 522 EAST SIMPSON STREET MECHANICSBURG, PA 17055 Defendant CUMBERLAND COUNTY CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff's Praecipe to withdraw the complaint and mark the action discontinued and ended without prejudice was served by regular mail to the person on the date listed below: Geoffrey M. Biringer 401 E. Louther Street Midpenn Legal Services Carlisle, PA 17013 Date: V-cq - By: Sheetal R. Sha -Ja , Esquire Attorney for Plaintiff PHS# 210671 SEP 13 2010 LITTON LOAN SERVICING, LP, Plaintiff vs. PATRICIA ANN MCNEIL a/k/a PATRICIA A. MCNEIL CHRISTINA MCNEIL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-5806, Civil Defendants MORTGAGE FORECLOSURE c> .- Cv C: y ' RULE TO SHOW CAUSE ?y C"_ fV s t't7 AND NOW this - ?- day 2010, upon consideration of th? foregoing Petition for Leave to Withdraw Appearance, the Court grants a rule to show cause why the appearance of MidPenn Legal Services, on behalf of Defendant, Patricia McNeil, should not be allowed to be withdrawn. -Rule returnabie anlhu- day of -aL m. in the .r?r ' f Penn?yly? _. or Sfi Rule returnable on the --L day of 2010, in writing. BY THE COURT: f . ????