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Home My WebLink About10-0589Phelan 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 227216 NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC 350 HIGHLAND DRIVE LEWISVILLE, TX 75067 Plaintiff V. ERIN G. KECK A/K/A ERIN G. ROBBINS 1225 WILLOW MILL ROAD MECHANICSBURG, PA 17050 Defendant c? ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 10- 589 Oiv; I-Tp,-m CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 227216 4qa. oo Pri ATTY co 904 ILt3 Pj* 013(0$a7 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 #: 227216 w 1. Plaintiff is NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC 350 HIGHLAND DRIVE LEWISVILLE, TX 75067 2. The name(s) and last known address(es) of the Defendant(s) are: ERIN G. KECK A/K/A ERIN G. ROBBINS 1225 WILLOW MILL ROAD MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/10/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1899, Page 4852. 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 09/15/2009 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 #: 227216 6 The following amounts are due on the mortgage: Principal Balance $110,532.31 Interest $3,168.48 08/15/2009 through 01/22/2010 (Per Diem $19.68) Attorney's Fees $650.00 Cumulative Late Charges $56.84 03/10/2005 to 01/22/2010 Appraisal/Brokers Price Opinion $24.30 Costs of Suit and Title Search $550.00 Subtotal $114,981.93 Escrow Credit $0.00 Deficit $742.20 Subtotal $742.20 TOTAL $115,724.13 7 8 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. 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. File #: 227216 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $115,724.13, together with interest from 01/22/2010 at the rate of $19.68 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP ? wrence 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 Attorneys for Plaintiff File #: 227216 LEGAL DESCRIPTION ALL that certain tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a railroad spike in the center line of L.R. 21001 known as Willow Mill Road, at a corner of land now or late of D.S. Poorman, which spike at the place of beginning is 1,067.5 feet South of the center line of Township Road T-595; thence from said spike at the place of beginning along the center line of said Willow Mill Road South 19 deg. East a distance of 120 feet to a railroad spike at corner of land now or late of M.L. Potteiger; thence along said line of land now or late of M.L. Potteiger South 71 deg. West a distance of 200 feet to a spike; thence still along line of land now or late of M. L. Potteiger, North 19 deg. West 204.89 feet to a stake in line of land now or late of D.S. Poorman; thence along said line of land now or late of D.S. Poorman South 86 deg. East a distance of 217.28 feet to a railroad spike in the center line of Willow Mill Road, the place of BEGINNING, having thereon erected a one (1) story brick cased ranch type dwelling house with attached garage. PARCEL NO: 38-15-1273-005 PREMISES: 1225 WILLOW MILL ROAD File #: 227216 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. DATE: Attorney for Plaintiff File #: 227216 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor Nationstar Mortgage, LLC vs. Erin G. Keck a/k/a Erin G. Robbins ~~r~~titr ~i ~itai:hrr7.rr~b ~Fi ~ .c-. ~~c Case Number 2010-589 SHERIFF'S RETURN OF SERVICE 02/01/2010 07:41 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on February 1, 2010 at 1941 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Erin G. Keck a/k/a Erin G. Robbins, by making known unto John Keck, Husband of defendant at 1225 Willow Mill Road, 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: $37.00 February 04, 2010 FlE.~U-~~-rtCE 201fl F'EB -$ P!~ i2~ 00 SO AN ERS Y R ANDERSON, SHERIFF ~' De y ariff o cu,„ D David D. Buell" *L 4e. knee X Simpson Prothonotary 1St Deputy Prothonotary ��,,4� z 7ir&S. Sohonage, ESQ Irene E. Morrow Solicitor 7750 2nd Deputy Prothonotary Office of the Prothonotary Cumberland County, Pennsylvania /D -OSg I CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE-THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Cart-isle, PA 17013 • (71 7)240-6195 • Fax(717)240-6573