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Home My WebLink About09-7347Phelan 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 217575 BAC HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. WILLIAM SNOKE 31 DEWALT DRIVE MECHANICSBURG, PA 17050-1724 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. DQ - 7-77 &' CUMBERLAND COUNTY File #: 217575 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 #: 217575 Plaintiff is BAC HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: WILLIAM SNOKE 31 DEWALT DRIVE MECHANICSBURG, PA 17050-1724 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 07/29/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR COUNTRYWIDE HOME LOANS, INC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1923, Page 1807. 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 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 specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 217575 6. The following amounts are due on the mortgage: Principal Balance $153,080.14 Interest $5,666.20 04/01/2009 through 10/22/2009 (Per Diem $27.64) Attorney's Fees $1,300.00 Cumulative Late Charges $263.00 07/29/2005 to 10/22/2009 Cost of Suit and Title Search $-5-50QQ Subtotal $160,859.34 Escrow Credit $0.00 Deficit $873.79 Subtotal U73-79 TOTAL $161,733.13 7 8. 9 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 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. 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 File #: 217575 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 $161,733.13, together with interest from 10/22/2009 at the rate of $27.64 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 ? Lawrence T. Ph an, 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 ay 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 #: 217575 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described as follows: Being Lot No. 7 of section A of Millbrooke Plan of Lots, which plan is recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 19, Page 70, having a frontage along township road T-579 of 105 feet, a depth on the west of 155 feet, a width in the rear of 105 feet and a depth along the east of 155 feet. HAVING THEREON erected a brick and aluminum bi-level dwelling numbered 31 DeWalt Drive. BEING THE SAME PREMISES which Benjamin L. Breneman, single man, and R. L. Sheibley and Edith H. Sheibley, his wife by deed dated August 2, 1972, and recored in the Cumberland County Office of the Recorder in Deed Book T-24, Page 192, granted and conveyed unto H. Dennis Filipovich and Doreen K. Filipovich, his wife, and Jonathan Baddorf and Marion E. Baddorf, his wife; the said H. Dennis Filipovich and Doreen K. Filipovich have since divorced. H. Dennis Filipovich has since inter married Christine Filipovich who joins in this conveyance and Doreen K. Filipovich, now known as, Doreen K. Pavlakovich has since inter married with Joseph E. Pavlakovich, who joins in this conveyance. PROPERTY BEING; 31 DEWALT DRIVE PARCEL# 38-16-1070-074 File #: 217575 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. 14 1 (o Attomey for Plainti DATE: l D - Z Z-a? File #: 217575 09 OF n+E? 1119 OCT 26 AM 9: 4 1? CUM X 78. soIL A1Jf ek---d 9loBzsq P24-- a3 z sss Sheriff s Office of Cumberland County F~1-~ L - ~°1~ R Thomas Kline ~, _ .~ ,r- ~ „~~ ~ 41~",G'a`~ Sheriff et ~~in ~~:~ ~~~ Ronny R Anderson " ~ ~ `~ ~~~~ ~i~~ _~ ~„'j ~vt G J Chief Deputy - Jody S Smith '~r.'•'"~' Cih~ ,. Civil Process Sergeant ~ - ,"~' ~ ' ~.'~ ~ ~~' ~ ` Edward L Schorpp Solicitor BAC Home Loans Servicing, LP Case Number vs. 2009-7347 William Snoke SHERIFF'S RETURN OF SERVICE 10/30/2009 05:40 PM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 30, 2009 at 1740 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: William Snoke, by making known unto himself personally, at 31 Dewalt Drive Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 SO ANSWERS, November 02, 2009 R THOMAS KLINE, SHERIFF By De ty Sheriff