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Home My WebLink About10-0950Phelan 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 228481 NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC 350 HIGHLAND DRIVE LEWISVILLE, TX 75067 Plaintiff V. JEFFREY T. BARRY MICHELLE L. HAAS A/K/A MICHELLE L. BARRY 631 LOWTHER STREET LEMOYNE, PA 17043-2019 Defendants OF 1010 FEB -4 AM 10:4 l PSAJNSYLV4` 1'x ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ID - q5O 0'ivi l i°'rftI CUMBERLAND COUNTY 0 $4loo Pb AYq e 231 akS File #: 228481 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 #: 228481 ; i 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: JEFFREY T. BARRY MICHELLE L. HAAS A/K/A MICHELLE L. BARRY 631 LOWTHER STREET LEMOYNE, PA 17043-2019 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/26/2003 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. 1802, Page 3883. 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 #: 228481 6 The following amounts are due on the mortgage: Principal Balance $100,087.20 Interest $5,262.28 04/01/2009 through 02/01/20`10 Attorney's Fees $650.00 Cumulative Late Charges $295.66 03/26/2003 to 02/01/2010 Appraisal/Brokers Price Opinion $63.99 Costs of Suit and Title Search $550-00 Subtotal $106,909.13 Escrow 00 $0 Credit . Deficit $697.03 Subtotal $697-01 TOTAL $107,606.16 7 8 Plaintiff is not seeking a judgment of personal liability (or an in p Lmn m 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 #: 228481 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $107,606.16, together with interest from 02/01/20 10 at the rate of $17.96 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. HALLINAN & SCHMIEG, LLP By, ? rFcis'S. T. Phelan, sq., Id. No. 32227 ? 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 El eetal 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 #: 228481 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground with the buildings and improvements thereon erected, situate in the Borough of Lemoyne, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described according to Survey of D.P. Raffensperger Registered Surveyor, dated October 28, 1954, as follows: BEGINNING at a point on the northerly side of Lowther Street 105 feet eastwardly of the northeasterly corner of the intersection of Lowther Street and Seventh Street, also at the dividing line between Lots Nos. 19 and 31, Section 'A' on hereinafter mentioned plan of lots; thence North 36 degrees 31 minutes West, along the same and along Lot No. 30, Section'A' on said Plan 105 feet to a point at the dividing line between Lots Nos. 19 and 28, Section'A'; thence North 53 degrees 29 minutes East along the same 60 feet to a point at the dividing line between Lots Nos. 18 and 19, Section'A' on said plan; thence South 36 degrees 31 minutes East, along the same 105 feet to a point on the northerly side of Lowther Street; thence westwardly along the same, 60 feet to a point, the place of beginning. BEING Lot No. 19, Section 'A' on Plan of Waldon Terrace, as recorded in Plan Book 4, page 99, Cumberland County records, House No. 631 Lowther Street. HAVING THEREON erected a one story brick and block dwelling house. BEING the same premises which WILLIAM F. REED, unremarried widow, by Deed dated January 28, 1999 and recorded February 3, 1999, in Deed Book 193, page 927, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, granted and conveyed to DAVID G. KENNERLY and KIMBERLY A. KENNERLY, Husband and Wife, the grantors herein. PREMISES BEING: 631 LOWTHER STREET PARCEL#: 12-22-0822-165 File #: 228481 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: ;' U File #: 228481 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Ott ;°?;=rlc;?t Sheriff TAPY OF, of 4 u rr!lrFrOF TH. t E i Jody S Smith Chief Deputy 2010 FEB 16 h 2' Edward L Schorpp Solicitor _ << 'a\ f ci Jfv?Yl alna`?I? Nationstar Mortgage, LLC vs. Jeffrey T. Barry Case Number 2010-950 SHERIFF'S RETURN OF SERVICE 02/05/2010 03:20 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March 5, 2010 at 1520 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Jeffrey T. Barry, by making known unto Michelle Barry, Wife of defendant at 631 Lowther Street, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to her personally the said true and correct copy of the same. 02/05/2010 03:20 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March 5, 2010 at 1520 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Michelle L. Haas a/k/a Michelle L. Barry, by making known unto herself personally, at 631 Lowther Street, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $58.40 February 09, 2010 SO AN RS, R Y R ANDERSO , SHERIFF By De ty Sheri f ,rr. Crun+yguitn herff. gel; o.<,pft. li;c. OF Cu'tl David D. Buell c nee X Simpson Prothonotary :' ;