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Home My WebLink About10-1547V 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 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 iFT'FF? IN T NARY 2010 MAR -5 AIM 10: 4z cum JTY ATTORNEY FOR PLAINTIFF 227875 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff V. MARK A. MILLER 901 BRANDT AVENUE NEW CUMBERLAND, PA 17070-1532 Defendant TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 227875 8 ?jL 0 4) 0 d- J-( dc TadO ;_ ?- gle 3 sry84i 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 #: 227875 1. 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: MARK A. MILLER 901 BRANDT AVENUE NEW CUMBERLAND, PA 17070-1532 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/14/2008 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED ACTING SOLEY AS A NOMINEE FOR AMERICAN HOME BANK, N.A which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200808443. 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 09/01/2009 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 #: 227875 6 The following amounts are due on the mortgage: Principal Balance $194,863.48 Interest $7,307.28 08/01/2009 through 03/04/2010 (Per Diem $33.83) Attorney's Fees $650.00 Cumulative Late Charges $304.80 03/14/2008 to 03/04/2010 Costs of Suit and Title Search 550.00 Subtotal $203,675.56 Escrow Credit $0.00 Deficit $200.39 Subtotal 200.39 TOTAL $203,875.95 7 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 #: 227875 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $203,875.95, together with interest from 03/04/2010 at the rate of $33.83 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: ? 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 #: 227875 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land with the buildings and improvements thereon erected, situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a stake on the northerly line of Brandt Avenue, as shown on Plan of Lots hereinafter mentioned, at the division line between Lot No. 78 and Lot No. 79, which point is 400 feet East of the Northeast corner of Brandt and Park Avenues; thence North 25 degrees East 115 feet along said dividing line to a point in line of other lands of Robert Vincent Reiff and Grace Garver Reiff; thence along other land of Reiff South 65 degrees East, a distance of 79.40 feet to a stake; thence along the same South 30 degrees 15 minutes East, a distance of 57.57 to an iron pin on the North side of Ninth Street; thence along the northern side of Ninth Street, South 59 degrees 45 minutes West, a distance of 100 feet to a point at the corner of Ninth Street and Brandt Avenue; thence along the North side of Brandt Avenue, North 65 degrees West, a distance of 69.70 feet to a stake, the Place of BEGINNING. BEING part of Lot No. 79 on Plan of property of Levi Brandt Estate, known as 'Seven Maples No. 1', recorded in the Cumberland County Recorder's Office in Plan Book No. 1, Page 94. HAVING thereon erected a single, brick dwelling house known as 901 Brandt Avenue, New Cumberland, Pennsylvania. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions and rights-of-way of record. File #: 227875 BEING THE SAME premises which Mark A. Miller and Cathy A. Miller, husband and wife, by their deed dated the 14th day of March, 2008 and to be recorded simultaneously herewith, granted and conveyed unto Mark A. Miller, MORTGAGOR herein. PARCEL NO: 26-24-0811-193 PREMISES: 901 BRANDT AVENUE File #: 227875 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: 3 - 2 /a Attorney for Plaintiff File #: 227875 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson - -= Sheriff ?4???t4 nt 4uu+b?ryrr? Jody S Smith m., r Chief Deputy p' Edward L Schorpp Solicitor OFFtCr T- ?-FPIF€ BAC Home Loans Servicing, LP Case Number vs. Mark A. Miller 2010-1547 SHERIFF'S RETURN OF SERVICE 03/11/2010 05:24 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on March 11, 2010 at 1720 hours, he served a true copy of the within Complaint in Mortgage oreclosure, upon the within named defendant, to wit: Mark A. Miller, by making known unto herself per o Ily, at 901 Brandt Avenue, New Cumberland, Cumberland County, Pennsylvania 17070 itg/cinten s a d at the same time handing to him personally the said true and correct copy of the same. // c SH~ HARRISON, DEPUTY SHERIFF COST: $43.30 March 12, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF I.C c0a tyjuile Serf, Te ec'-Ioff. I,'.C. • Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS S Plaintiff vs MARK A. MILLER Defendant TO THE PROTHONOTARY: Attorney For Plaintiff ?OTourt of CommonPleas Yls' CE: lei T',` 1?A Civil Division : CUMBERLAND County : No. 10-1547 CIVIL PRAECIPE Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. X Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. -Please mark th in em judgment Satisfied and the action Discontinued and Ended. Date: ® PHEL kAN & SCHMIEG, UP By: Lawrence . elan, 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 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 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Schemer, Esq., Id. No. 308912 PHS# 227875 Attorneys for Plaintiff ?...? rv M rrri rza Z7 "t7 'L3 ? <> o < o _ C:) = C? Orr c ? a1pq PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 BAC HOME LOANS SERVICING, L.P. Plaintiff vs MARK A. MILLER Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 10-1547 CIVIL CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff s Praecipe was served by regular mail to the person(s) on the date listed below: MARK A. MILLER 901 BRANDT AVENUE NEW CUMBER AND, PA 17070-1532 Date: By: Lawrence 7'. ela , 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. 20233 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalame 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 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Attorney for Plaintiff