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Home My WebLink About10-1885. APhelan 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 227058 SOVEREIGN BANK, SB/M TO WAYPOINT BANK, F/K/A HARRIS SAVINGS BANK 601 PENN STREET READING, PA 19601 Plaintiff V. STEPHANIE AYERS, IN HER CAPACITY AS CO-ADMINISTRATRIX OF THE ESTATE OF JEREMY L. AYERS OF JEREMY L. AYERS 224 B STREET CARLISLE, PA 17013 STACI L. HAIR, IN HER CAPACITY AS CO-ADMINISTRATRIX OF THE ESTATE OF JEREMY L. AYERS 169 EAST NORTH STREET CARLISLE, PA 17013 AVERIE MARIE AYERS, IN HER CAPACITY AS HEIR OF THE ESTATE OF JEREMY L. AYERS 3810 SPRING ROAD NEWVILLE, PA 17241 File #: 227058 BLED--OFrCE 7 OF THE PIR HID?40TARY S 2010 MAR 17 APB 11: 08 Ct1MBE.F?; PENNSYU^N"! ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. /()- / ?-B'S -{uA CUMBERLAND COUNTY 0-12. 0? peke-dy d44921/4(/c Xffa3 90/0 JESSICA AYERS, IN HER CAPACITY .. , • AS HEIR OF THE ESTATE OF JEREMY L. AYERS 3810 SPRING ROAD NEWVILLE, PA 17241 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER JEREMY L. AYERS, DECEASED 29 MOUNTAIN STREET MOUNT HOLLY SPRINGS, PA 17065-1407 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File N: 227058 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 #: 227058 n^ , ., ?•>?, r* , n . r _ ai., ??i .-F7 P07`7 n1 I il1,,M1?A I,TNAV1 C/'Ffm I uc 71 nn7 ln„ 1. Plaintiff is SOVEREIGN BANK, SIB/M TO WAYPOINT BANK, F/K/A HARRIS SAVINGS RANK but PL;NN StKLhl READING, PA 19601 2. The name(s) and last known address(es) of the Detenuaiu(s) are: STEPHANIE AYERS, IN HER CAPACITY AS CO-ADMINISTRATRIX OF THE ESTATE OF JEREMY L. AYERS 224 B STREET CARLISLE, PA 17013 STACI L. HAIR, IN HER CAPACITY AS CO-ADMINISTRATRIX OF THE ESTATE OF JEREMY L. AYERS 169 EAST NORTH STREET CARLISLE, PA 17013 AVERIE MARIE AYERS, IN HER CAPACITY AS HEIR OF THE ESTATE OF JEREMY L. AYERS 3810 SPRING ROAD NEWVILLE, PA 17241 JESSICA AYERS, IN HER CAPACITY AS HEIR OF THE ESTATE OF JEREMY L. AYERS 3810 SPRING ROAD NEWVILLE, PA 17241 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER JFRF,MY I.. AYERS, DECEASED 29 MOUNTAIN STREET MOUNT HOLLY SPRINGS, PA 17065-1407 who is the real owner(s) of the property hereinafter described. 3. On 04/09/1999 JEREMY L. AYERS made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office File #: 227058 .- . 4 5. 6. of the Recorder of CUMBERLAND County, in Book No. 1534, Page 469. 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. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2009 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. The following amounts are due on the mortgage: Principal Balance $46,560.97 Interest $1,744.08 07/01/2009 through 03/15/2010 (Per Diem $6.76) Attorney's Fees $650.00 Cumulative Late Charges $129.36 04/09/1999 to 03/15/2010 Property Inspections/Property Preservations $10.35 Costs of Suit and Title Search 550.00 Subtotal $49,644.76 Suspense Credit $0.00 Escrow Credit ($98.06) Deficit $0.00 Subtotal 98.06 TOTAL $49,546.70 7 Notice of Intention to Foreclose pursuant to Act 6 of 1974 is not required because the defendants are not "Residential Mortgage Debtors" as defined by the Act, having failed to provide Plaintiff notice of its acquisition of title. File #: 227058 8. This action does not come under Act 91 of 1983 because the mortgaged premises is not owner-occupied. 9. Mortgagor JEREMY L. AYERS died on 9/9/09, and STEPHANIE AYERS and STACI L. HAIR were appointed Co-Administrators of his estate. Letters of Administration were granted to them on 10/12/09 by the Register of Wills of Cumberland County, No. 2109- 0953. Decedent's surviving heir at law and next-of-kin are JESSICA AYERS and AVERIE MARIE AYERS. 10. Plaintiff does not hold the named Defendants, STEPHANIE AYERS, STACI L. HAIR, JESSICA AYERS, and AVERIE MARIE AYERS, personally liable on this cause of action. This action is being brought to foreclose the interest of the said Defendants in the aforesaid real estate only, and the Defendants have been named in accordance with the requirements of Pa R.C.P. 1144(a)(2) and 20 Pa.C.S.A. § 301(b). File #: 227058 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $49,546.70, together with interest from 03/15/2010 at the rate of $6.76 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. By: PHELAN HALLINAN & SCHMIEG, LLP ? Lawlele helan, Es 4., Ids No. 32227 ? Franallinan, Es ., Id. No. 62695 ? Danchmieg, sq., Id. No. 62205 ? Mic . ord, 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 ?,thrisovalante 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 #: 227058 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described as follows: ON the East by lot now or formerly of Eliza Fergtn, on the South by Mountain Street, on the West by lot now or formerly of Jessie Harry, and on the North by an alley, having a frontage of 40 feet on Mountain Street, and a depth of 180 feet and being the second lot on Mountain Street from land now or formerly of Mrs. Walter Beall. BEING improved with a 2 1/2 story dwelling house known as No. 29 Mountain Street. BEING THE SAME premises which Jeremy L. Ayers, a single man, and Clarence L. Ayers and Annette B. Ayers, husband and wife, by their deed dated the 9th day of April, 1999 and to be recorded simultaneously herewith, granted and conveyed unto Jeremy L. Ayers, a single man, MORTGAGOR herein PARCEL NO:23-32-2338-036 PREMISES: 29 MOUNTAIN STREET File #: 227058 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: C31 i-) 1 1,; File #: 227058