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HomeMy WebLinkAbout09-6296r 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 213563 BAC HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. SAMUEL MARTINEZ ELVIA D. MARTINEZ 5100INVERNESS DRIVE, MECHANICSBURG, PA 17050-8319 Defendants File #: 213563 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. OQ - G2% e CUMBERLAND COUNTY 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 #: 213563 1. Plaintiff is BAC HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: SAMUEL MARTINEZ ELVIA D. MARTINEZ 5100 INVERNESS DRIVE, MECHANICSBURG, PA 17050-8319 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/01/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR AMERICA'S WHOLESALE LENDER which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1951, Page 0703. By Assignment of Mortgage recorded 09/03/2009 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200931034. 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 04/01/2009 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. File #: 213563 6. The following amounts are due on the mortgage: Principal Balance $226,931.82 Interest $7,958.80 03/01/2009 through 09/18/2009 (Per Diem $39.40) Attorney's Fees $1,325.00 Cumulative Late Charges $290.60 03/01/2006 to 09/18/2009 Cost of Suit and Title Search Q Subtotal $237,256.22 Escrow Credit $0.00 Deficit $0.00 Subtotal UQ TOTAL $237,256.22 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 Sheriff s Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is nat seeking a judgment of personal liability (or an in nn .rsonam 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. File #: 213563 40 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. 10. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. WHEREFORE, PLAINTIFF demands an in rim Judgment against the Defendant(s) in the sum of $237,256.22, together with interest from 09/18/2009 at the rate of $39.40 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: ? 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 ? urtenay R. Dunn, Esq., Id. No. 206779 I r Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 213563 /' LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern right-of-way line of Inverness Drive, a 50 foot wide street, said point also being the southwestern corner of Lot #101, as shown on the final Phase 3 subdivision plan of Tumberry; thence along the southern line of Lot #101, North 33 degrees 48 minutes 32 seconds East, a distance of 186.21 feet to a point on the property line of Lot #110, said point also being the southeastern corner of Lot #101; thence along the southern property line of Lot #110, South 59 degrees 40 minutes 24 seconds East, a distance of 39.12 feet to a point, said point being the common corner of Lot #110, Lot #99 and the lot described herein; thence along the western property line of Lot #99, South 05 degrees 18 minutes 25 seconds West, a distance of 233.84 feet to a point on the intersection radius of Muirfield Place and Inverness Drive, said point also being the southwestern corner of Lot #99; thence along the intersection radius, by a curve to the right with a radius of 10.00 feet, an arc length of 7.85 feet, said arc being subtended by a chord bearing North 62 degrees 05 minutes 37 seconds West, a distance of 7.65 feet to a point on the eastern right-of-way line of Inverness Drive; thence along the eastern right- of-way line of Inverness Drive, by a curve to the left with a radius of 425.00 feet, an arc length of 123.11 feet, said arc being subtended by a chord bearing North 47 degrees 53 minutes 33 seconds West, a distance of 122.68 feet to a point on the eastern right-of-way line of Inverness Drive; thence continuing along the eastern right-of-way line of Inverness Drive, North 56 degrees 11 minutes 28 seconds West, a distance of 21.62 feet to a point on the eastern right-of-way line of Inverness Drive, said point being the point and place of BEGINNING. File #: 213563 I SUBJECT to one half of a 40 foot drainage easement on the eastern property line and one half of a 25 foot drainage easement on the southern property line. SAID lot containing 17,741.00 square feet or 0.407277 acres. BEING Lot No. 100 as shown on the Final Subdivision Plan of Turnberry, Phase III, recorded in Plan Book 67, Page 29. UNDER AND SUBJECT to all applicable restrictions, reservations, easements and rights of way of record. BEING the same premises which Victoria Glen Associates, a Pennsylvania General Partnership, by their deed dated January 29, 1999 and recorded in the Cumberland County Recorder of Deeds Office in Book 194, Page 647, granted and conveyed unto Michael D. Roberts, Grantor herein. PARCEL NO. 10-16-1060-198 PROPERTY BEING: 5100 INVERNESS DRIVE File #: 213563 0 . . 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. Attorney for Plaintiff DATE: D/ File #: 213563 ci-4& CIE r OF THE LlIB SE' L I FM 1' 29 X78. 96 -R4L44,L etc? S54oz7 4- -a 3a830a", k -L SHERIFF'S OFFICE. OF CUMBERLAND COUNTY R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor BAC Home Loans Servicing, L.P. vs. Samuel Martinez ??a?ta nt ?Cuitab?rr??? 3:`?YJ OFFXE OF 7?E S' ERIFF Df-lc F TL {r r:, ,? iN,RY LC'1j 91i'G7 "J P.11 2: 12 Case Number 2009-6296 SHERIFF'S RETURN OF SERVICE 11/04/2009 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: Samuel Martinez, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Samuel Martinez. Request for service at 5100 Inverness Drive Mechanicsburg, PA 17050 is vacant and for sale. An exact address is not available. 11/0412009 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: Elivia D. Martinez, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Elivia D. Martinez. Request for service at 5100 Inverness Drive Mechanicsburg, PA 17050 is vacant and for sale. An exact address is not available. SHERIFF COST: $63.00 November 04, 2009 SO ANSWERS,._._..., R THOMAS KLINE, SHERIFF icj CountySuite Sheriff. Teleosoft, Inc. J 1-r UT L 'h 10 ` Attorney For Plaintiff Phelan Hallinan & Schmieg, y 1617 JFK Boulevard, Sui*10WI RLAND COUNT'` One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS SERVICING, Court of Common Pleas L.P. . Plaintiff Civil Division vs CUMBERLAND County SAMUEL MARTINEZ No. 09-6296 CIVIL TERM ELVIA D. MARTINEZ Defendant TO THE PROTHONOTARY: PRAECIPE Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. ? Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. ? Please mark the in rem judgment Satisfied and the action Discontinued and Ended. ? Please Vacate the Judgment entered. ,in ezi )/1 .1 4'LI14 Date: & SCHMIEG, LLP Allison F. TeIfs, Esq., Id. No.309519 Attorney for Plaintiff PHS # 213563 %4 Phelan Hallman & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS SERVICING, L.P. Plaintiff SAMUEL MARTINEZ ELVIA D. MARTINEZ Defendant V. Attorney for Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No. 09-6296 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: SAMUEL MARTINEZ ELVIA D. MARTINEZ 5100 INVERNESS DRIVE, MECHANICSBUnRG, PA 17050-8319 Date: !/ I v PHELAI-? V LLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff PHS # 213563