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HomeMy WebLinkAbout09-7693Phelan 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 ?J'aime 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 221063 SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23224-7767 Plaintiff V. WILLIAM A. LAFOND 605 NORTH WEST STREET CARLISLE, PA 17013-1967 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Oq - %q3 04w; (Term CUMBERLAND COUNTY File #: 221063 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 #: 221063 1. Plaintiff is SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE, P.O. BOX 27767 RICHMOND, VA 23224-7767 2. The name(s) and last known address(es) of the Defendant(s) are: WILLIAM A. LAFOND 605 NORTH WEST STREET CARLISLE, PA 17013-1967 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 01/03/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR COMMERCE BANK/HARRISBURG,N.A. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1936, Page 2568. 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2009 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 #: 221063 6 The following amounts are due on the mortgage: Principal Balance $47,893.01 Interest $1,373.02 06/01/2009 through 11/05/2009 (Per Diem $8.69) Attorney's Fees $1,300.00 Cumulative Late Charges $93.97 01/03/2006 to 11/05/2009 Property Inspections $9.00 Cost of Suit and Title Search $0-00 Subtotal $51,219.00 Escrow Credit $0.00 Deficit $335.58 Subtotal $335--i8 TOTAL $51,554.58 7. 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 not seeking a judgment of personal liability (or an in persnnam 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 #: 221063 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 $51,554.58, together with interest from 11/05/2009 at the rate of $8.69 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 C By, QW ? 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 ? 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 #: 221063 LEGAL DESCRIPTION ALL that certain piece or parcel of land together with the improvements located thereon, situated in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on North West Street, which point is 8.4 feet from the eastern curb line of North West Street, and is the corner of land now or formerly of Kenneth R. Speed; thence along said lands now or formerly of Kenneth R. Speed, South 83 degrees 55 minutes 30 seconds East, 95.00 feet to an iron pin; thence along same, North 06 degrees 04 minutes 30 seconds East, 5.00 feet to an iron pin; thence along same, South 83 degrees 24 minutes 51 seconds East, 95.03 feet to an existing stake on the line of a 16.00 foot wide alley; thence along the 16 foot wide alley, South 06 degrees 16 minutes West, 39.00 feet to an iron pin; thence along lands now or formerly of Anne C. Hurst, North 84 degrees 10 minutes 02 seconds West 190.00 feet passing through a party wall between the premises herein and those on the south to a point on the eastern line of North West Street; thence along North West Street, North 06 degrees 16 seconds East, 34.00 feet to a point, the place of BEGINNING. BEING improved with the northern portion of a double frame dwelling house. PARCEL NO. 06-20-1798-024 PROPERY BEING: 605 NORTH WEST STREET File #: 221063 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. DATE: o GA-,-" - - 9,.L Attorney for Plaintiff File #: 221063 ':.) ii M9 -6 Hi ?: 09 NOV '2vrAaNi. . 4-19.5c) PD ATti aictb, 8'132L(03 P-TI 0133130, SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ,,iw of 44-Iurlbe', 4 OM,E ',,F 'HE S-ERIFF FILED-4:,i- "IC t,T r- tG: ,-ii"'.,rl?,_OTARY 0 ?Hr- Suntrust Mortgage, Inc. vs. William A. Lafond 2009 Noy 24 Ai 8* 31 Cam" n;. t JiVT`? Case Number 2009-7693 SHERIFF'S RETURN OF SERVICE 11/18/2009 12:45 PM - Jason Vioral, Corporal, who being duly sworn according to law, states that on November 18, 2009 at 1245 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: William A. Lafond, by making known unto himself personally, at 605 North West Street Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $33.40 November 19, 2009 SO ANSWERS, 0 lgam e Jr -- - .4e? R THOMAS KLINE, SHERIFF By Co al tci CcuntySuite Sheriff. Teleosoft: Inc.. .. Phelan Hallinan &Schmieg, LLP __ _ 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. Plaintiff VS WILLIAM A. LAFOND Defendant A a _. __._ _ _ _ _ . ~,~.. a _ Attorney For Plaintiff Court of Common Pleas . ;:. Civil Division ~ c ~, ~ CUMBERLAND County ~ ~ :~:~ r.. No. 09-7693 (CIVIL. TERM :~ o ~. PRAECIPE ~?~ TO THE PROTHONOTARY: ~ ~ ~'--+ -~ ~, Please vacate the judgment(s) entered and mark the action discontinued and ended without prejudice. Date: September 21 2010 PHELAN HALL SCHMIEG, LGP By: ,__ Lawrence T. Phelan, ., Id. No. 32227:.:-:. ~ . Francis S. Hallinan, Esq., Id. No. 62695 , Daniel G. Schmieg, Esq., Id. No. 62205; Michele M. Bradford, Esq., Id. No. 69849 , Judith T. Romano, Esq., Id. No. 58745 /8'fieetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077. , " Lauren R. Tabas, Esq., Id:. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 ` ~;-•>°'•- Peter J. Mulcahy, Esq., Id. No. 61791- Andrew L. Spivack, Esq., Id. No. 84439.. Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779'= Andrew C. Bramblett, Esq., Id. No, 208375 PHS# 221063 Attorneys for Plaintiff ' }z. t , . Y: Q "^`~ r~ ~~ ~ ca x° e~ ~' o~ y ~..~ -< ~$.oo PQ AT'T~f a~8~8~ t•.Cn.