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Home My WebLink About09-6967Phelan 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 219083 BAC HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. TRACY R. BEHNEY MICHAEL L. BEHNEY 15 WEST WINDING HILL ROAD MECHANICSBURG, PA 17055-5173 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. OQ - (oQ,V7 Ctvi I -T? CUMBERLAND COUNTY File #: 219083 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 #: 219083 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: TRACY R. BEHNEY MICHAEL L. BEHNEY 15 WEST WINDING HILL ROAD MECHANICSBURG, PA 17055-5173 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/06/2008 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR EQUIFIRST CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200834506. 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. 6. The following amounts are due on the mortgage: File #: 219083 Principal Balance $169,606.30 Interest $5,052.30 05/01/2009 through 10/12/2009 (Per Diem $30.62) Attorney's Fees $1,300.00 Cumulative Late Charges $215.32 10/06/2008 to 10/12/2009 Cost of Suit and Title Search $750-00 Subtotal $176,923.92 Escrow Credit $0.00 Deficit $474.77 Subtotal $474-77 TOTAL $177,398.69 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 Sheriffs 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 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. File #: 219083 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. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $177,398.69, together with interest from 10/12/2009 at the rate of $30.62 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 Y. ? Law 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 ? 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 #: 219083 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Upper Allen, in the County of Cumberland, Commonwealth of Pennsylvania, more particularly described as follows, according to survey of Ernest J. Walker, Professional Engineer, dated February 17, 1968, to wit: BEGINNING at a point in the center line of West Winding Hill Road (Legislative Route No. 21025) at the western line of lands now or formerly of H. A. Surface, said point being 676.25 feet west by the center line of West Winding Hill Road from the intersection of the center lines of South Market Street and West Winding Hill Road; thence by the center line of said West Winding Hill Road south 69 degrees 30 minutes West 90 feet to a point at a nail; thence by lands now or formerly of Theodore R. Trimmer and Grace I. Trimmer, his wife, South 11 degrees 00 minutes East 150 feet to a point at an iron pipe; thence by lands now or formerly of said Theodore R. Trimmer and Grace I. Trimmer, his wife, North 69 degrees 30 minutes East 90 feet to a point at an iron pin; thence by lands now or formerly of H. A. Surface North 11 degrees 00 minutes West 150 feet to a point in the center line of West Winding Hill Road, the place of BEGINNING. PARCEL NO.42-26-0241-027 PREMISES: 15 WEST WINDING HILL ROAD, MECHANICSBURG, PA 17055 File #: 219083 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: I O' t4 ?C-11 File #: 219083 a) 2 0 0 9 GICT 1 4 or,M -: ' 4 12 . Zo Mo A7Yq C4'# %6 A10 wt aw 054 Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor 00ati qt ??r?rrbrtl?l*+J OFFICE OF 'HE SHERIFF r i'CCE OF THE F 4Jr,, -.72r,.'T)TlRY 2099 OCT ZO Ah 9* 41 BAC Home Loans Servicing, L.P. Case Number vs. 2009-6967 Tracy R. Behney SHERIFF'S RETURN OF SERVICE 10/16/2009 04:25 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 16, 2009 at 1625 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Tracy R. Behney, by making known unto herself personally, at 15 West Winding Hill Road 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. 10/16/2009 04:25 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 16, 2009 at 1625 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Michael L. Behney, by making known unto Tracy R. Behney, at 15 West Winding Hill Road 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. SHERIFF COST: $53.00 October 19, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF By De ty Shsriff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 OF THE PftOTHONO TARY 2014 0CT 29 11: 18 CUrML3EfZLA O COUNTY PENNSYLVANIA Attorney For Plaintiff BAC HOME LOANS SERVICING, L.P. Plaintiff v. TRACY R. BEHNEY MICHAEL L. BEHNEY Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 09-6967 CIVIL TERM PRAECIPE TO THE PROTHONOTARY: ❑ 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. Date: //7.€/./1 PHELAN IjALLINAN, LLP PH # 712927 By: Kenya Bates, sq., Id. No.203664 Attorney for Plaintiff ILO tq.sopd 0,Lik- PA'S '1; -4 {2_4k 3 Lig a Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff BAC HOME LOANS SERVICING, L.P. Plaintiff v. TRACY R. BEHNEY MICHAEL L. BEHNEY Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 09-6967 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: TRACY R. BEHNEY MICHAEL L. BEHNEY 15 WEST WINDING HILL ROAD MECHANICSBURG, PA 17055-5173 Date: il71/4/ PHEL • HALLINAN, LLP By: Kenya Bate , Esq., Id. No.203664 Attorney for Plaintiff