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Home My WebLink About09-7133Phelan 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 219779 BRANCH BANKING & TRUST COMPANY 301 COLLEGE ST, 6TH FLOOR P.O. BOX 2027, SC 29602 GREENEVILLE, SC 29601 Plaintiff V. JOSEPH M. LUND LORIE A. LUND A/K/A LORI A. LUND 1037 COUNTRY CLUB ROAD CAMP HILL, PA 17011-1049 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM II NO. 617 -- 7/33 G??? 1.? CUMBERLAND COUNTY File #: 219779 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 #: 219779 1. Plaintiff is BRANCH BANKING & TRUST COMPANY 301 COLLEGE ST, 6TH FLOOR, P.O. BOX 2027, SC 29602 GREENEVILLE, SC 29601 2. The name(s) and last known address(es) of the Defendant(s) are: JOSEPH M. LUND LORIE A. LUND A/K/A LORI A. LUND 1037 COUNTRY CLUB ROAD CAMP HILL, PA 17011-1049 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/22/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR LIBERTY MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1906, Page 1105. 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 #: 219779 6. The following amounts are due on the mortgage: Principal Balance $243,352.74 Interest $7,324.46 05/01/2009 through 10/16/2009 (Per Diem $43.34) Attorney's Fees $1,325.00 Cumulative Late Charges $242.70 04/22/2005 to 10/16/2009 Mortgage Insurance Premium / $290.14 Private Mortgage Insurance Cost of Suit and Title Search 5-%00 Subtotal $253,085.04 Escrow Credit $0.00 Deficit $744.95 Subtotal $744.25. TOTAL $253,829.99 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 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 #: 219779 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 rem Judgment against the Defendant(s) in the sum of $253,829.99, together with interest from 10/16/2009 at the rate of $43.34 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 El Joshua I. Goldman, Esq., Id. No. 205047 ourtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 219779 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the easterly right of way of Country Club Road (Viva Drive on the hereinafter mentioned Plan of Lots) at the line between Lots B14 and B15 on the hereinafter mentioned plan of lots; thence North 38 degrees 00 minutes and 00 seconds West, a distance of 11.21 feet to a point; thence on a curve to the left with a radius of 430.00 feet and an arc distance of 89.44 to a point; thence North 52 degrees 00 minutes 00 seconds East, a distance of 176.49 feet to a point; thence South 29 degrees 03 minutes 03 seconds East, a distance of 92.52 feet to a point; thence South 52 degrees 00 minutes 00 seconds West, a distance of 151.10 feet to a point, the place of BEGINNING. CONTAINING 0.371 acres, more or less. BEING Lot NO. B 15, Pealer Land Development which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 46, Page 4. PARCEL NO.09-18-1308-056 PRMISES: 1037 COUNTRY CLUB ROAD, CAMP HILL, PA 17011-1049 File #: 219779 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. Attomey for Plaintiff DATE: 6 G d File #: 219779 OS FILED°E;,`t %E r i , .'r? ? ?? tPtT? 1 2009 OCT 19 c`1 1: 25 t ui` 4'76. S6 1?4L14h/ eK1 8U6T6 l ice- d,3a2 tqb Sheriff s Office of Cumberland County R Thomas Kline~;I ' ~-~' '~'~ ~~~ -' ~ `~ .ff , ~ -- _ Sheri ~~,~,~tip at ~ ~rm~yrr~~~~ - - I , Ronny R Anderson Chief Deputy ti~'~~ ~~~ i ~2 Fi`~ ', ~'~ ,~ Jody S Smith f ;'. Civil Process Sergeant ~~ =F ~~` " F ~'-~~+rF ' Edward L Schorpp Solicitor Branch Banking & Trust Company Case Number vs. Joseph M. Lund 2009-7133 SHERIFF'S RETURN OF SERVICE 10/20/2009 08:30 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 20, 2009 at 2030 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Joseph M. Lund, by making known unto Lorie A. Lund, wife of defendant at 1037 Country Club Road Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. 10/20/2009 08:30 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 20, 2009 at 2030 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Lorie A. Lund, by making known unto herself personally, at 1037 Country Club Road Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $57.50 SO ANSWERS, October 21, 2009 R THOMAS KLINE, SHERIFF Deputy Sh~rif Phelan Hallinan & chmieg, LLP 1617 JFK Boulevar ,Suite 1400 One Penn Center Pl a Philadelphia, PA 19 03 Attorney For Plaintiff BRANCH BAN ING & TRUST Court of Common Pleas COMPANY , Plain ' ff Civil Division n ~ vs _ CUMBERLAND County ~> ~ `~- c:,.. _ r_. JOSEPH M. LUN No. 09-7133-CIVIL TERM ;.-=~'~ ~ cr, LORIE A. LUND `' ` ~.~ ~/K,/A LORI A. L ND ~ ~`- ~- Defen ant :~' ~- PRAECIPE TO THE PROTHONOT Please withdraw prejudice. Date: Tuly 12, 2010 PHS# 219779 c. ~J . r... -~- m k_'-~ ..:;: c ~:~ ;.-~ .,~ complaint and mark the action discontinued and ended without HALLINAN Br~~HMIEG, LLP By: v La nce T. Phelan, Esq., Id. o. 32227 Fra c s S. Hallinan, Esq., Id. o. 62695 Da i 1 G. Schmieg, Esq., Id. o. 62205 Mic le M. Bradford, Esq., Id. No. 698 9 Judith T. Romano, Esq., Id. No. 5874 Sheetal R. Shah-Jani, Esq., Id. No. 760 Jenine R. Davey, Esq., Id. No. 87 7 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