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HomeMy WebLinkAbout10-2185. 30 X11 (.' C. .11 a! `i J ?'t r! i i S Hi 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 ATTQRNEY FOR PLAINTIFF ...?ter 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 Es Id No 206779 . , q., . . Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 233954 LITTON LOAN SERVICING, LP 4828 LOOP CENTRAL DRIVE COURT OF COMMON PLEAS HOUSTON, TX 77081-2226 CIVIL DIVISION Plaintiff V. TERM GLEN W. ELLIOTT NO. 10 -01185 C lv i lerm 455 STONEHEDGE LANE MECHANICSBURG, PA 17055-7010 CUMBERLAND COUNTY Defendant CIVIT, ACTION -1,AW COMPLAINT IN MORTGAGE FORF.CLOSLIEtt Q) +ga.00 PO ATN 12? a?R q 05 File #: 233954 NOTICE You have been sued in Court. If you wish to defend against the claill s 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. Ypo u 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 #: 233954 Plaintiff is LITTON LOAN SERVICING, LP 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 2. The name(s) and last known address(es) of the Defendant(s) are: GLEN W. ELLIOTT 455 STONEHEDGE LANE MECHANICSBURG, PA 17055-7010 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/12/2007 mortgagor(s) made, executed and delivered a mortg?ge upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR COMMERCE BANOARRISBURG, N.A which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200800667. 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 relieve)) 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 d interest upon said mortgage due 12/01/2008 and each month thereafter are due and un?aid, 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 #: 233954 6. The following amounts are due on the mortgage: Principal Balance Interest 11/01/2008 through 03/29/2010 (Per Diem $31.20) Attorney's Fees Cumulative Late Charges 12/12/2007 to 03/29/2010 Costs of Suit and Title Search Subtotal Suspense Credit Escrow Credit Deficit Subtotal TOTAL 7. 8. $15132.03 $16,036.80 $6,50.00 $ 02.35 $169,8171.18 $4,7110.67 $174,581.85 Plaintiff is nnr seeking a judgment of personal liability (or an in judgment) against the Defendant(s) in the Action; however, Plaintiff reserves i 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 proceedin , this Action of Mortgage Foreclosure is in no way an attempt to reestablish such pe?sonal liability discharged in bankruptcy, but only to foreclose the mortgage and se?l the mortgaged premises pursuant to Pennsylvania Law. The mortgage premises are vacant and abandoned. File #: 233954 WHEREFORE, Plaintiff demands an in rem judgment against the Defenc $174,581.85, together with interest from 03/29/2010 at the rate of $31.20 judgment, and other costs, fees, and charges collectible under the mortgal foreclosure and sale of the mortgaged property. By: PHELAN HALLINAN & ?o ? Lawrence T. Phe , Esq., Id. N ? Francis S. Hallinan, Esq., Id. Nc ? Daniel G. Schmieg, Esq., Id. Nc ? Michele M. Bradford, Esq., Id. I ? Judith T. Romano, Esq., Id. No. ? Sheetal R. Shah-Jani, Esq., Id. IS ? Jenine R. Davey, Esq., Id. No. 8 ? Lauren R. Tabas, Esq., Id. No. 9 ? Vivek Srivastava, Esq., Id. No. ? ay B. Jones, Esq., Id. No. 8665' Peter r J. Mulcahy, Esq., Id. No. ( ? Andrew L. Spivack, Esq., Id. Nc ? Jaime McGuinness, Esq., Id. No ? Chrisovalante P. Fliakos, Esq., I ? Joshua I. Goldman, Esq., Id. No, ? Courtenay R. Dunn, Esq., Id. Nc ? Andrew C. Bramblett, Esq., Id. I Attorneys for Plaintiff it(s) in the sum of ;r diem to the date of and for the I LLP ).32227 .62695 .62205 To. 69849 58745 o.81760 337 1791 .84439 .90134 1. No. 94620 205047 .206779 10.208375 File #: 233954 LEGAL DESCRIPTION ALL that certain Unit, being Unit No. 455 (the 'Unit'), of Stonehedge, A T Condominium (the 'Condominium'), located in Upper Allen Township, C Pennsylvania, which Unit is designated in the Declaration of Condomini Townhome Condominium (the 'Declaration of Condominium') and Declar recorded in the Office of the Cumberland County Recorder of Deeds in Mi Page 4605 and Right of Way Plan Book 12, Page 142 respectively, amendments thereto. TOGETHER with the undivided percentage interest in the Common Unit as more particularly set forth in the aforesaid Declaration of Co amended. TOGETHER with the right to use the Limited Common Elements anpli conveyed herein, pursuant to the Declaration of Condominium and as last amended. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, easements and agreements of record in the aforesaid Office, the aforesaid D Condominium, and matters which a physical inspection and survey of the U Elements would disclose. BEING part of the same premises which Wesley Affiliated Services, Inc., si United Methodist Homes for the Aging, Inc., by deed dated May 23, 2001 a Iberland County, of Stonehedge, A ion Plats and Plans Book 681, with any and all appurtenant to the ium. as last e to the Unit being Plats and Plans, rights-of-way, eclaration of it and Common essor to The recorded in File #: 233954 Cumberland County Deed Book 245, Page 354, granted and conveyed unto Stonehedge Lane Associates, a Pennsylvania limited partnership, Grantor herein. THE Grantee, for and on behalf of the Grantee and the Grantee's heirs, per successors and assigns, by the acceptance of this Deed, covenants and agre for maintenance, repairs, replacements and other expenses in connection 'A Elements, and the Limited Common Elements appurtenant to said Unit, as against him, her, them, it, or said Unit, from time to time by the Executive Stonehedge Condominium Association in accordance with the Uniform Cc Pennsylvania, and further covenants and agrees that the Unit conveyed by subject to a lien for all amounts so assessed except insofar as Section 340'. Condominium Act may relieve a subsequent Unit Owner of liability for pi assessments. This covenant shall run with and bind the Unit hereby cone: owners thereof. PARCEL NO. 42-10-0646-079.U21455 PREMISES: 455 STONEHEDGE LANE, MECHANICSBURG, PA 1 onal representatives, .-s to pay such charges ith the Common may be assessed Board of the ndominium Act of us Deed shall be c) of said Uniform )r unpaid A and all subsequent 7010 File #: 233954 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 veri ication pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action i Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the b st of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification om 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. 01I DATE: .3-11-to Attorney for File #: 233954 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson (~~ ~~;~'~~~ ~•~~ Sheriff Jody S Smith ~~u~,~tt, a1: +~:iu+t,; r.~~ t~ 1410 ~A Y E 3 ~f~ I ~ J ~ Chief Deputy _ -- Edward L Schorpp cam' ~~= ~ ~."~'~i~ ~~_;'J Solicitor ~r r'~r ~~!`..~1"L1,~~»"„~~~~ Litton Loan Servicing, LP vs. Glen W Elliott, OD Case Number 2010-2185 SHERIFF'S RETURN OF SERVICE 04/01/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Glen W. Elliott, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Allegheny County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 04/23/2010 Allegheny County Return: And now, April 23, 2010 at 1025 hours I, William Mullen, Sheriff of Allegheny County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Glen W. Elliott the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find him in the County of Allegheny and therefore return same NOT FOUND. 04/24/2010 12:49 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 6, 201( at 1247 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Glen W. Elliott, OD, by making known unto himself personally, at 450 Stonehedge Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the samE time handing to him personally the said true and correct copy of the same. Request for service at 455 Stonehedge Lane, Mechanicsburg, PA 17055 is vacant. ~,.. l ~~ N AH CLINE, DEPUTY SHERIFF COST: $46.00 May 10, 2010 SO ANSWERS, "~-- RON R ANDERSON, SHERIFF (c Crun[x Suite Sheri';f. Tehc.^:oft b?;;. L/, ~a ~~ In The Court of Common Pleas of Cumberland County, Pennsylvania c.~ Litton Loan Servicing, LP ~ ~ e ~(1Y`°' ~ vs. -J~T Glen W. Elliott y, aa.~~ 1614 Merriman Court ~ ~y~ Pittsburgh, PA 15203 Civil No. 2010-2185 Now, April 1, 2010, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Alle eny County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. a"'~-~ "'~+~ Shentl of Cumberland County, PA Affidavit of Service Now, y - a 3 ~ j (~ , 20 1 Q , at / ~ ~ o'clock /~ . M, served the within D ~n OA~~' urFr ~ 7?-~~ T ~`M [Z~ ~.! J upon at by handing to a and r ~auc know ~ ~ to Sworn and subscribed before me this day of ,20 -copy of the original, So answers, Sheriff of ---'~`i COSTS SERVICE MILEAGE AFFIDAVIT County, PA the contents thereof.