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HomeMy WebLinkAbout09-6561Phelan 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 Jenne 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 SOVEREIGN BANK 601 PENN STREET READING, PA 19601 Plaintiff V. HARRY R. FELTENBERGER 30 WESTWOOD COURT ENOLA, PA 17025-1509 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. OR - 65(ol wit Term CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 216317 File #: 216317 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 #: 216317 1. Plaintiff is SOVEREIGN BANK 601 PENN STREET READING, PA 19601 2. The name(s) and last known address(es) of the Defendant(s) are: HARRY R. FELTENBERGER 30 WESTWOOD COURT ENOLA, PA 17025-1509 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/14/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Instrument No. 200736112. 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/01/2009 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 spedified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 216317 6 Y The following amounts are due on the mortgage: Principal Balance $141,545.68 Interest $4,539.48 04/01/2009 through 09/28/2009 (Per Diem $25.08) Attorney's Fees $1,325.00; Cumulative Late Charges $273.00 09/14/2007 to 09/28/2009 Property Inspections $20.70 Cost of Suit and Title Search 750.00 Subtotal $148,453.86 Escrow Credit $0.00 Deficit $549.76 Subtotal 549.76 TOTAL $149,003.62 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 `F 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 discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 216317 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 $149,003.62, together with interest from 09/28/2009 at the rate of $25.08 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: ?) ? -jt ? 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 ? P er J. 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 #: 216317 LEGAL DESCRIPTION ALL THOSE CERTAIN tract of land situated, lying and being in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the eastern line of Westwood Court, at the division line between Lots Nos. 43 and 44 on the hereinafter mentioned Plan of Lots; thence along said division line North 80 degrees, 50 minutes 40 seconds East, 114.39 feet to a point at the division line between Lots Nos. 44 and 45 on said Plan; thence along said division line, South 09 degrees, 09 minutes 20 seconds East, 87.86 feet to a point on the Northern line of Westwood Court; thence along the northern line of Westwood Court by a curve having a radius of 125.00 feet in a northwesterly direction, 153.74 feet to a point, the Place of BEGINNING. CONTAINING 7,270.97 Square feet. BEING, the same premises which was conveyed to Judith S. Tyler, by deed dated, August 23, 2000, and recorded in the said Recorder's office in Record Book 228, Page 305. Under and Subject to a Declaration of Restriction of record, recorded in Miscellaneous Book 442, Page 1006, and further under and subject to easements, restrictions, reservations, conditions and rights-of-way of record and as shown on the above mentioned Plan of Lots, including but not limited to set back lines. The within conveyance is further under and subject to an easement for the purpose of exterior maintenance , where necessary, to be exercised in a reasonable manner, in favor of the owners and occupants of Lot No. 43 adjacent hereto. Under and Subject Further to a 5 foot pedestrian access easement which runs along the eastern boundary line of the above-described lot. Under and Subject, Nevertheless to the conditions, restrictions, agreements, easements, rights of way, encumbrances and all other matters of record. PROPERTY ADDRESS: 30 WESTWOOD COURT, ENOLA, PA 17025-1509 PARCEL # 09-12-2992-109 File #: 216317 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. Attmey for Plaintiff DATE: t A -0 File #: 216317 0 OF OPMO 2004 OCT -1 PM 12: 00 PENNSYLVANIA $78.50 Po ATM CeR 858143 P-T* d3I3a.0 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 Sovereign Bank 601 Penn Street Reading, PA 19601 VS. Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County Harry R. Feltenberger 30 Westwood Court No. 09-6561 CIVIL TERM Enola, PA 17025-1509 PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please substitute the attached, original Verification of Constance M. Cocroft, Vice President at Sovereign Bank, for the Verification attached to Plaintiffs Complaint filed in the above matter on or about October 1, 2009. Date: 'O 4 BY: Sheetal R. Shah-Jani, Esquire Attorney for Plaintiff VERIFICATION Constance M Cocroft hereby states that he/she is Vice President of SOVEREIGN BANK, 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 unworn falsification to authorities. Constance M Cocroft DATE: October 14, 2009 Vice President Company: SOVEREIGN BANK File #: 216317 LT Feltenberger ! . 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 Sovereign Bank 601 Penn Street Reading, PA 19601 VS. Harry R. Feltenberger 30 Westwood Court Enola, PA 17025-1509 Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 09-6561 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the foregoing Plaintiff's Praecipe to Substitute Verification was served by regular mail on the following parties on the date listed below: HARRY R. FELTENBERGER 30 WESTWOOD COURT ENOLA, PA 17025-1509 DATE: O Sheetal R. Shah-Jani, ItAKire Attorney for Plaintiff 7F T H - t TA .Y i 3 2909 OG i 20 P"?ll ""J': i GL;?? a?..P4 E Sheriffs Office of Cumberland C?xunty R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor n c E + ?' :. J ,. OFF',: ? TFF c aFa Sovereign Bank vs. Harry R. Feltenberger Case Number 2009-6561 SHERIFF'S RETURN OF SERVICE 10/01/2009 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: Harry R. Feltenberger, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 10/08/2009 York County Return: And now, October 8, 2009 I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Harry R. Feltenberger the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find her in the County of York and therefore return same NOT FOUND. 10/09/2009 09:15 AM - Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on October 3, 2009 at 0915 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Harry R. Feltenberger, by making known unto himself personally, at 30 Westwood Court Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $50.50 SO ANSWERS, October 20, 2009 R THOMAS KLINE, SHERIFF By Deputy Sheriff COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN INSTRUCTIONS PLEASE TYPE ONLY LINE 1 THRU 1: DO NOT DETACH ANY COPES 1 PLAINTIFF/S/ SOVEREIGN BANK 2 COURT NUMBER 2009-6561 3 DEFENDANTS! 4. TYPE OF WRIT OR COMPLAINT CCII? HARRY R. FELTENBERGER M0%&GE FORECLOSURE SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD HARRY R. FELTENBERGER M ?J1 Q4U 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY. BORO, TWP, STATE AND ZIP CODE) AT 400 COTTAGE PLACE, RED LION, PA 17356-1105 7 INDICATE SERVICE ? PERSONAL U PERSON IN CHARGE XJbEPUTIZE U CERT MAIL U 1 ST CLASS MAIL U POSTED U OTHER NOW O ER 1 20 09 I, SHERIFF ereby dep sheriff of YORK COUNTY to execute t n sheriff to law. This deputization being made at the request and risk of the plaintiff., SHERIFF 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE U 2ND ADDRESS: 400 COTTAGE PLACE, APT. 2, RED LION, OPA 01?3?1-1105 PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES AND 1 TIME AFTER 6PM ADV FEE PAID BY ATTY. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY/ ORIGINATOR and SIGNATURE (?u ? 10. TELEPHONE NUMBER 11, DATE FILED PHELAN HALLINAN AND SCHMIEG LLP 1 f 1 7 :Xyir I== 3 4 nn 72WT n ? va i Q1 n? 215-563-7000 °° 4'T IL. arms m%j i ii-r ur ormvii,.t wrT 1 V NAM: ANU AUUKt55 t3LLUW: (1 his area must be completed d notice is to be mailed). OCT 1 r 2009 CUMBERLAND CO. SHERIFF 1 COURTHOUSE SQ. ROOM 303 f1TDT T.QT V T7A 1 '7nl 7 CUMBERLAND CO SHERIFF 13. 1 acknowledge receipt of the writ or complaint as indicated above. 21. ATTEMPTSI i ate,I Tim I it s I I I Date I Time I Miles I Int I Date I Time I Miles In, I Date Time Miles Int. Date Time Miles Int. T" Miles Int. 22. REMARKS: MOVED 21/2 YRS AGO. 23. Advance Costs rvice Costs 25 N/F 26. Mileage 27 Postage 28. Sub Total 29. Pound 30 Notary 31 Surchg. 32 Tot. Costs 33 Costs Due Refund Check Ni 00 $100 !T DO t'" d© I . r , C 34. Foreign County Costs 35. Advance Costs 36. Service Costs 37 Notary ert. 38. Mdeage/Postage/Not Found 39. Total Costs 40. Costs Due or Re and 41 AFFIRMED and subscribed to befor me this SO ANSWERS . i , 42. day of ?. t,' ?fff IN 44. Signature of Dep. Sheriff 45. DATE ART ROTARIAL SEAL 46. Signature of York Sh C ff 47 DATE "F'' L ! HC)RPE, ROTARY PUBLIC ounty eri C!7 , vOR.?. YORK COUNTY RICHARD P. I E ZL S ;RI F X15-09 . ; ? ,vcS:C. J EXPRESAUG. 12, 2013 e" 48. Signature of Foreign 49 DATE "__'°?.--•-°=- County Sheriff av. I I1l.nRV?RCUVC RCI.CIr'i ur inc Jncnirr a Kc IUKN bli,~I UKt 151. DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriffs Office 16. HOW SERVED PERSONAL ( ) RESIDENCE ( ) POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20 Time of Service Phelan Hallinan & 1617 JFK Boulevar< One Penn Center PI. Philadelphia, PA 19 hmieg, LLP Suite 1400 03 SOVEREIGN BA K Court of Common Pleas €'~a Plainti f Civil Division vs CUMBERLAND County HARRY R. FELTE BERGER Defen ant No. 09-6561 CIVIL TERM TO THE PROTHONOT. PRAECIPE Please withdraw a complaint and mark the action discontinued and ended without prejudice. Date: Tu1~12, 2010 ELAN HALLINA SCHMIEG, LLP By: La r ee helan, Esq., . No. 32227 Fr ci S. Hallinan, Esq., I . No. 62695 Da ie G. Schmieg, Esq., I . No. 62205 Mic ele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 817 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. 8665? 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 PHS# 216317 Attorneys for Plaintiff ~~4.0.J~ ~j J~ Attorney For Pl~i~iti~~ F°~ 2110 JILL t 9 P~41Z~ 2