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HomeMy WebLinkAbout09-6716~~ ~i 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 ~E"ourtenay 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 218282 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET INVESTMENT LOAN TRUST, 2006-4 3476 STATEVIEW BLVD FORT MILL, SC 29715 v. Plaintiff TONY L. HOBBS MARGUERITE B. HOBBS 6 CARDAMON DRIVE MECHANICSBURG, PA 17050-7990 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 218282 C~ 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 M: 2 t 8282 1. Plaintiff is U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET INVESTMENT LOAN TRUST, 2006-4 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: TONY L. HOBBS MARGUERITE B. HOBBS 6 CARDAMON DRIVE MECHANICSBURG, PA 17050-7990 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 01/31/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to NEW CENTURY MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1939, Page 3469. 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 06/01/2009 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 #: 218282 6. The following amounts are due on the mortgage: Principal Balance $285,824.06 Interest $7,625.64 05/01/2009 through 10/07/2009 Attorney's Fees $1,300.00 Cumulative Late Charges $347.68 O 1 /31 /2006 to 10/07/2009 Property Inspections $30.00 Non Sufficient Funds Charge $20.00 Cost of Suit and Title Search $750.00 Subtotal $295,897.38 Escrow Credit $0.00 Deficit $409.63 Subtotal $409.63 TOTAL $296,307.01 7. 8 If the mortgage is reinstated prior to a Sheriff s 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 discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 218282 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. File #: 218282 WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $296,307.01, together with interest from 10/07/2009 at the rate of $47.96 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: - wrence 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 #: 218282 LEGAL DESCRIPTION ALL that certain tract or parcel of land situate in the Township of Silver Spring, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on northern right-of--way line of Cardamon Drive, said point being a common corner with Lot 26 of the Final Subdivision Plan for Ginger Fields, of which this is a part; THENCE, along said right-a-way line, North 55 degrees, 06 minutes, 55 seconds West, for a distance of 85.00 feet to a point, said point being a common corner with Lot 28, of the aforementioned subdivision plan, of which this is a part; thence, along Lot 28, North 34 degrees, 53 minutes, OS seconds East, for a distance of 100.00 feet to a point, said point being along the property line of lands now or formerly of George Noll; thence, along lands of Noll and lands now or formerly of Lester Livingstone, South 55 degrees, 06 minutes, 55 seconds East, for a distance of 85.00 feet to a point, said point being a common corner with Lot 26, thence along Lot 26, South 34 degrees, 53 minutes, OS seconds West, for a distance of 100.00 feet to a point, the POINT OF BEGINNING. CONTAINING 0.195 acres of land. BEING Lot 27 of the 'Final Subdivision Plan for Ginger Fields', as recorded in Book 80, Page 132, of Cumberland County Records. The improvements thereon being known as No. 6 Cardamon Drive. Parcel ID No. 3 8-21-0291-149 File #: 218282 P;~operty: 6 Cardamon Drive, Mechanicsburg, Pa 17050 PARCEL NO: 38-21-0291-149 PREMESIS: 6 CARDAMON DRIVE File #: 218282 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. %~~l~r~- orney for Plaintiff DATE: File #: 218282 0 ~iLE~?-+~>~~r~~ o~ -~~ ~;~ ~~ - =,~~ r~ 209 air -~ ~a~ ~~: ~7 ,,. v~J` t;~~ic . ?~. So PQ A?7y CK.~ 8(013!(0 ETA a3{Foal ~~ Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor FILE[)'-. C rF. 't,._ OF THE P ^ ,MARY US Bank National Association vs. Tony L. Hobbs 2099 OCT 15 Ai'9 9: 10 '40 i It Case Number 2009-6716 SHERIFF'S RETURN OF SERVICE 10/13/2009 08:53 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on October 13, 2009 at 2053 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Marquerite B. Hobbs, by making known unto herself personally, at 6 Cardamon Drive 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. 10/13/2009 08:53 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on October 13, 2009 at 2053 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Tony L. Hobbs, by making known unto Marguerite B. Hobbs, wife of defendant at 6 Cardamon Drive 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: $5100 SO ANSWERS, October 14, 2009 R THOMAS KLINE, SHERIFF ? a Cl ' LAI+ De y Sheriff 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET INVESTMENT LOAN TRUST, 2006-4 Plaintiff VS. TONY L. HOBBS MARGUERITE B. HOBBS Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-6716- CIVIL TERM : CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE PHS #: 218282 TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. LLP A By: r I/ I ? Lawrenc T. helan, Esq., Id. No. 32227 ? Francis S. allinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? J dith T. Romano, Esq., Id. No. 58745 ? heetal 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 Date: 10/30/09 PHS #: 218282 VERIFICATION V.P. Loan Documentation Xee Moua hereby states that he/she is of AMERICA'S SERVICING COMPANY, 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. Axl-? Name: Xee Moua DATE: 10/08/09 Title: V.P. Loan Documentation Company: AMERICA'S SERVICING COMPANY File #: 218282 Hobbs 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET INVESTMENT LOAN TRUST, 2006-4 Plaintiff VS. TONY L. HOBBS MARGUERITE B. HOBBS Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION NO. 09-6716- 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: PHS #: 218282 TONY L. HOBBS 6 CARDAMON DRIVE MECHANICSBURG, PA 17050-7990 MARGUERITE B. HOBBS 6 CARDAMON DRIVE MECHANICSBURG, PA 17050-7990 Phelan Hall' Sc eg, LLP Attorney f By: ? Lawre ce . 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 . omano, Esq., Id. No. 58745 ? She R. Shah-Jani, Esq., Id. No. 81760 ? J me R. Davey, Esq., Id. No. 87077 auren 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 Date: 10/30/09 PHS #: 218282 :.fi •vi.. FlLEC CX:.,-:I CE OF THE P rD VINCTARY 2009 NOY -2 Pli 3= 12 -„ Phelan Hallinan &Schmieg, LLP ~ ~ 1617 JFK Boulevard, Suite 1400~~ -~;1'Gi ~ ~ ~,;,;<~~~ Attorney For Plaintiff One Penn Center Plaza Philadelphia, PA 19103 ~Q+~ ~~~ 4 3 ~~~ ~~; 215-563-7000 U.S. BANK NATIONAL TRUSTEE FOR THE ST INVESTMENT LOAN TRUST, 2006-4 Plaintiff vs TONY L. HOBBS MARGUERITE B. HOBBS Defendant ? I Court of Common Pleas Civil Division ~ CUMBERLAND County No. 09-6716- CIVIL TERM TO THE PROTHONOTARY: PRAECIPE Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: Tuly 9, 2010 ~ PH AN HALLINAN & SC IEG, LLP e By. `~ La r helan, Esq., Id. No 2227 Fra cis S. Hallinan, Esq., Id. No. 62695 Dan el .Schmieg, Esq., Id. No. 62205 Mich e 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 PHS# 218282 Attorneys for Plaintiff