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Home My WebLink About09-8719Phelan Nallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 vldlichele 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 BAC HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. 220696 HAROLD F. WI LEY A/K/A HAROLD WILEY JOSE NIEVES PEGGY NIEVES 2258 PINE ROAD NEWVILLE, PA 17241-9526 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CA - 8718 01vi? T?rM CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 220696 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 220696 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: HAROLD F. WILEY A/K/A HAROLD WILEY JOSE NIEVES PEGGY NIEVES 2258 PINE ROAD NEWVILLE, PA 17241-9526 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/26/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ACTING SOLELY AS A NOMINEE FOR COUNTRYWIDE HOME LOANS which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200730547. 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 03/01/2009 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 #: 220696 6. The following amounts are due on the mortgage: Principal Balance $131,815.53 Interest $7,167.06 02/01/2009 through 12/15/2009 Attorney's Fees $1,300.00 Cumulative Late Charges $349.20 07/26/2007 to 12/15/2009 Cost of Suit and Title Search 550.00 Subtotal $141,181.79 Escrow Credit $0.00 Deficit $4,214.82 Subtotal $4,214.82 TOTAL $145,396.61 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 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 #: 220696 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 $145,396.61, together with interest from 12/15/2009 at the rate of $27.46 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: ence . Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? aniel 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 #: 220696 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND KNOWN AS Lot NUMBER 1, SITUATE IN PENN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED IN ACCORDANCE WITH A SURVEY MADE BY LARRY V. NEIDLINGER, REGISTERED SURVEYOR, DATED August 2, 1976, AS FOLLOWS: BEGINNING AT AN IRON PIN ON THE Southern RIGHT-OF-WAY OF LR21008 (PINE Road) BEING THE Northeast CORNER OF Lot NO. 1; THENCE ALONG THE LAND OF MRS. R. STANLEY WITMER, NOW OR FORMERLY; South NINE (09) DEGREES FORTY (40) MINUTES West FOUR HUNDRED TWENTY-ONE AND FIFTY-SIX ONE- HUNDREDTHS (421.56) FEET TO AN IRON PIN; THENCE ALONG THE PROPERTY NOW OR FORMERLY OF MARK E. KILLIAN North EIGHTY-SEVEN (87) DEGREES TWENTY-THREE (23) MINUTES THIRTY-TWO (32) SECONDS West ONE HUNDRED THIRTY-TWO AND FORTY-FOUR ONE-HUNDREDTHS (132.44) FEET TO AN IRON PIN; THENCE ALONG Lot NO.2 North NINE (09) DEGREES TWELVE (12) MINUTES ONE (01) SECOND East FOUR HUNDRED THIRTY-SIX AND SEVENTY-FIVE ONE-HUNDREDTHS (436.75) FEET TO AN IRON PIN; THENCE ALONG THE Southern RIGHT-OF-WAY OF LR 21008 South EIGHTY (80) DEGREES FORTY-SEVEN (47) MINUTES FIFTY-NINE (59) SECONDS East ONE HUNDRED THIRTY-FIVE (135) FEET TO THE PLACE OF BEGINNING. PROPERTY ADDRESS: 2258 PINE ROAD, NEWVILLE, PA 17241-9526 PARCEL # 311-11-0302-016 File #: 220696 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. WP - orney for Plaintiliff hlii-hd DATE: File #: 220696 1:1! EF [L" r"9 DEr D At - I I : 42 C', I ga.oo Pi's ATVY 8896V7 P.?' &85 U-7 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy VQ>~tirtitr of ~ u+nbr~,~'~A 1 +, tgt"• r~ T~c~ TAfiY 2D10 h4AR -3 AM I 1 ~ 23 Edward L Schorpp Solicitor BAC Home Loans Servicing, L.P. vs. Jose M. Nieves (et al.) ~~-:~ PEP~~S~~I..Vr~~. ~~1~. Case Number 2009-8719 SHERIFF'S RETURN OF SERVICE 12/18/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Harold F. Wiley, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Huntingdon County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 12/18/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Jose Nieves, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Huntingdon County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 12/18/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Peggy Nieves, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Huntingdon County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 12/30/2009 10:46 AM -Huntingdon County Return: And now December 30, 2009 at 1046 hours I, William G. Walters, Sheriff of Huntingdon County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Peggy Nieves by making known unto herself personally, at 16722 Wrangletown Road, Shirleysburg, PA 17260 its contents and at the same time handing to her personally the said true and correct copy of the same. 12/30/2009 Huntingdon County Return: And now, December 30, 2009 I, William G. Walters, Sheriff of Huntingdon County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Harold F. Wiley the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find her in the County of Huntingdon and therefore return same NOT FOUND. Peggy Nieves advised Deputies the defendant is deceased. 12/30/2009 10:46 AM -Huntingdon County Return: And now December 30, 2009 at 1046 hours I, William G. Walters, Sheriff of Huntingdon County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Jose Nieves by making known unto himself personally, at 16722 Wrangletown Road, Shirleysburg, PA 17260 its contents and at the same time handing to him personally the said true and correct copy of the same. 12/30/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Jose M. Nieves, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Jose M. Nieves. Request for service at 2258 Pine Road, Newville, PA 17241 is vacant. The Newville Postmaster has advised the defendant's new address is 16722 Wrangletown Road, Shirleysburg, PA 17260. 12/31/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Harold F. Nieves, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Harold F. Nieves. Harold F. Nieves is deceased. ~ci CountySuito Shentt. 7elaosuft. Enc_ 12/31/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Peggy W. Nieves, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Peggy W. Nieves. Request for service at 2258 Pine Road, Newville, PA 17241 is vacant. The Newville Postmaster has advised the defendant's new address is 16722 Wrangletown Road, Shirleysburg, PA 17260. SHERIFF COST: $142.80 February 25, 2010 !ci Goie~tySuite SFenfi. Te~ncsoft. Inc. SHERIFF'S OFFICE HUNTINGDON COUNTY, PENNSYLVANIA 241 Mifflin Street Huntingdon, PA 16652 Telephone: 814-643-0880 William G. Walters, Sheriff BAC Home Loans Servicing, LP Vs. Harold F. Wiley a/k/a Harold Wiley, Jose Nieves and Peggy Nieves 16722 Wrangletown Road Shirleysburg, PA 17260 Now, this 30th day of December No. 8719 Term: 2009 2009 ~ at 1046 HOURS I served the within Notice and Complaint in Mortgage Foreclosure upon Jose Nieves and Peggy Nieves at 16722 Wrangletown Road, Shirleysburg, PA 17260 by handing to Jose and Peggy Nieves, personally ~'o true and correct copy/copies of the within Notice and Complaint in Mortgage Foreclosure and made known to Jose and Peggy Nieves the contents thereof. So Answers, Sworn and subsc~bed to before this YL~ day of ~,(,~ 20~ .D. NOTARIAL SEAL Tammy S. Foor, Notary Public Huntingdon Borough, Huntingdon county My commission expires October 21, 2010 'am G. lter Sh r' f eputy Chris B. etrick .Chief Deputy/Deputy Costs: Rec. & Doc. $9.00 Service ~ Mileage/Postage $17.50 Surcharge --- Affidavit $10.00 Miscellaneous --- Total Costs $56.50 Paid SHERIFF'S OFFICE HUNTINGDON COUNTY, PENNSYLVANIA 241 Mifflin Street Huntingdon, PA 16652 Telephone: 814-643-0880 William G. Walters, Sheriff BAC Home Loans Servicing, LP No. 8719 Vs. Harold F. Wiley a/k/a Harold Wiley, Jose Nieves and Peggy Nieves 16722 Wrangletown Road Shirleysburg, PA 17260 Sworn and subscribed to before me this ~~~' day of 20 )D .D. Nota Public NOTARIAL SEAL Tammy S. Foor, Notary Public Huntingdon Borough, Huntingdon County My commission expires October 21, 2010 Now, this 30th day of December , 2009 , I am unable to locate the within named defendant, Harold F. Wiley a/k/a Harold Wiley ,within my bailiwick, return this Notice and Complaint in Mortgage Foreclosure "NOT FOUND." Reason unable to serve: defendant is deceased as per daughter Peggy Nieves So Answers, ~~~~ ~ ~~ William G. Walters, Sherif Deputy Chns B. Hetrick Chief Deputy/Deputy Costs: Rec. & Doc. Return Not Found Mileage/Postage Surcharge Affidavit Miscellaneous See First Entry Total Costs See First Entry Paid Term:2009 In The Court of Common Pleas of Cumberland County, Pennsylvania BAC Home Loans Servicing, LP vs. Harold F. Wiley, Jose Nieves & Peggy Nieves 16722 Wrangletown Road Shirleysburg, PA 17260 Civil No. 2009-8719 Now, December 18, 2009, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Huntingdon County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~~ Sheriff of Cumberland County, PA Now, within upon at Affidavit of Service 20 , at o'clock M, served the by handing to a and made known to copy of the original the contents thereof. So answers, Sworn and subscribed before me this day of ,20 Sheriff of COSTS SERVICE $ MILEAGE- AFFIDAVIT County, PA