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Home My WebLink About10-15466 Phelan 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 1. 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 231824 SOVEREIGN BANK, SB/M TO WAYPOINT BANK, F/K/A HARRIS SAVINGS BANK 601 PENN STREET READING, PA 19601 Plaintiff V. CHRISTOPHER D. FREEDMAN 16 DREXEL PLACE, UNIT 16 NEW CUMBERLAND, PA 17070-2201 Defendant 10F ?HE °PQTt NOTApy 2010 MAR -5 AM 10: 4 1 0 ?LI?L1r; "JI"ITY ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY I l '2.0 0 P d- a-"gyp File #: 231824 C"C U 9/9 53 ' Rlk? a- 3Y'?W 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 #: 231824 Plaintiff is SOVEREIGN BANK, SB/M TO WAYPOINT BANK, F/K/A HARRIS SAVINGS BANK 601 PENN STREET READING, PA 19601 2. The name(s) and last known address(es) of the Defendant(s) are: CHRISTOPHER D. FREEDMAN 16 DREXEL PLACE, UNIT 16 NEW CUMBERLAND, PA 17070-2201 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 12/09/1999 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. 1586, Page 901. 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 11/01/2009 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 #: 231824 6 The following amounts are due on the mortgage: Principal Balance $61,676.26 Interest $1,903.44 10/01/2009 through 03/03/2010 (Per Diem $12.36) Attorney's Fees $650.00 Cumulative Late Charges $100.12 12/09/1999 to 03/03/2010 Property Inspections $10.35 Mortgage Insurance Premium / $65.48 Private Mortgage Insurance Costs of Suit and Title Search 550.00 Subtotal $64,955.65 Escrow Credit $0.00 Deficit $44.85 Subtotal $44-R5 TOTAL $65,000.50 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 File #: 231824 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 $65,000.50, together with interest from 03/03/2010 at the rate of $12.36 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 By- El Lawrence T. Phelan, sq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 th T. Romano, Esq., Id. No. 58745 R'SZ!etal 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 #: 231824 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in the Township of Lower Allen, County of Cumberland and Commonwealth of Pennsylvania, bounded and described in accordance with Plan showing FoxLea Residential Community Village One, Phase One, Section A, made by Gerrit J. Betz Associates, Inc., dated January 27, 1978 and last revised December 2, 1978, as recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania on February 14, 1979, in Plan Book 26, Page 50, which Plan is herein incorporated by reference as if hereto attached, as unit number 16 in Building 'B' consisting of 5002 square feet and described on said As Built Plan by metes and bounds which description is likewise herein incorporated by reference. TOGETHER with all the benefits and rights of easement and enjoyment as excepted and reserved by Foxlea Nominee Corp. and Foxlea Enterprises, Inc. in its Deed to Cumberland County National Bank and Trust Company dated April 21, 1975 and duly recorded in the Office of the Recorder of Deeds in and for the County of Cumberland in Deed Book A-26 Page 303. UNDER AND SUBJECT to the covenants, restrictions, easements, charges, liens, terms, rights, agreements, conditions, exceptions, reservations, and exclusions as contained and more fully set forth in Trust Deed between Foxlea Nominee Corp., and Cumberland County National Bank and Trust Company dated November 21, 1973 and recorded in the Office of the Recorder of Deeds in and for the County of Cumberland in Deed Book K-25, Page 912, as amended by Amendment thereto dated August 26, 1974 and duly recorded in the Office aforesaid in Deed Book T-25, Page 470, and by Amendment thereto dated April 21, 1975 and duly recorded in the Office aforesaid in Deed Book A-26, Page 303, and any amendments to the foregoing as made from time to time. File #: 231824 The Grantee, for and on behalf of the Grantee, his heir, personal representative, successor and assign, by acceptance and recordation of this Deed, acknowledges that this conveyance is subject in every respect to the aforesaid Trust Deed by Foxlea Nominee Corp., to Cumberland County National Bank and Trust Company dated November 21, 1973 (erroneously stated in prior Deed as 1974) and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book K-25, Page 912, as amended by Amendment thereto dated August 26, 1974 and duly recorded in the Office aforesaid in Deed Book T-25, Page 470, and by Amendment thereto dated April 21, 1975 and duly recorded in the Office aforesaid in Deed Book A-26, Page 303, and any amendments to the foregoing as may be made from time to time, and all Amendments thereto; acknowledge that each and every provision thereof is essential to the successful operations and management of Foxlea Residential Community, and in the best interests and for the benefit of all Lot Owners therein; and covenants and agree, as a covenant running with the land, to abide by each and every provisions of the aforesaid documents.. BEING THE SAME PREMISES which Trudy Hepner Brown and Edward J. Brown, husband and wife, by Deed bearing date the 26th day of May, 1988, and recorded on 31 st day of May, 1988 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Record Book J-33, Page 265, granted and conveyed unto William B. Lumnitzer and Susan J. Lumnitzer, husband and wife. UNDER AND SUBJECT TO restrictions and conditions as now appear of record. Tax Map 13-25-0008-002A-UB 16-1 PROPERTY BEING; 16 DREXEL PLACE File #: 231824 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: 3 v Attorney for Plaintiff File #: 231824 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 9«na?, at ?iunrrj6 Jody S Smith Chief Deputy B u +'r 2' t Edward L Schorpp Solicitor; Sovereign Bank vs. Case Number Christopher D. Freedman 2010-1546 SHERIFF'S RETURN OF SERVICE 03/11/2010 05:58 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on March 11, 2010 at 1754 hours, he served a true copy of the within Complaint in Mortuga oreclosure, upon the within named defendant, to wit: Christopher D. Freedman, by making known n hi self personally, at 16 Drexel Place, New Cumberland, Cumberland County, Pennsylvania 172 is ten and at the same time handing to her personally the said true and correct copy of the sam . / )on ,DEPUTY SHERIFF COST: $43.30 March 12, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF c CourtySui{e Sheriff. Teieosoft Inc Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff SOVEREIGN BANK, S/B/M TO WAYPOINT BANK, F/K/A HARRIS SAVINGS BANK Plaintiff vs CHRISTOPHER D. FREEDMAN Defendant Court of Common Pleas Civil Division CUMBERLAND County I No. 10-1546-CIVIL PRAECIPE TO THE PROTHONOTARY: Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: November 15, 2010 R -i:JHS24 1 P EL N HALLINAN & SCHMIEG, LLP r? By: 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 Attorneys for Plaintiff