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Home My WebLink About10-2322 20I0 AH -? A 11? u, 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 234840 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA 4000 HORIZON WAY IRVING, TX 75063 cO J T, 'Jt,cwr d`-rya ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff V. GARY L. WITMER A/K/A GARY WITMER 351 FULTON STREET ENOLA, PA 17025-2523 Defendant TERM NO. l CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGF, FORECLOSURE $ 4a .oast cL el><Z 433358 File #: 234840 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 4: 234840 Plaintiff is METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA 4000 HORIZON WAY IRVING, TX 75063 2. The name(s) and last known address(es) of the Defendant(s) are: GARY L. WITMER A/K/A GARY WITMER 351 FULTON STREET ENOLA, PA 17025-2523 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/01/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FIRST HORIZON HOME LOAN CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1821, Page 2006. By Assignment of Mortgage recorded 09/24/2008 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200832320. 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 12/01/2009 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 #: 234840 6. The following amounts are due on the mortgage: Principal Balance $54,677.60 Interest $1,191.63 11/01/2009 through 04/06/2010 (Per Diem $7.59) Attorney's Fees $650.00 Cumulative Late Charges $259.41 07/07/2003 to 04/06/2010 Mortgage Insurance Premium / $90.00 Private Mortgage Insurance Costs of Suit and Title Search $550-00 TOTAL $57,418.64 7. 8. Plaintiff is not seeking a judgment of personal liability (or an in nersr onam 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 #: 234840 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $57,418.64, together with interest from 04/06/2010 at the rate of $7.59 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: awrence 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 A? Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 234840 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a stake in the northeast corner of the intersection of Fulton and Dauphin Streets; thence along the line of Dauphin Street North 3 degrees 4 minutes 26 seconds East one hundred thirty-one and forty-six one-hundredths (131.46) feet (in prior deeds North 1 degree 10 minutes West 146 feet) to a point in the southeast corner of the intersection of Dauphin Street and a 12 feet wide alley, thence along the southern line of said 12 feet wide alley North 84 degrees 30 minutes East one hundred ninety-one (191) feet to a stake in the western line of lot No. 15; thence along Lot No. 15, south 5 degrees 30 minutes East one hundred thirty (130) feet to a stake in the northern line of Fulton Street; thence along the northern line of Fulton Street South 84 degrees 30 minutes West two hundred ten and six-tenths (210.6) feet to a stake, the place of BEGINNING. BEING Lot No. 14 in Plan No. 2 of Hoopy's Addition to Enola, said Plan being recorded in the Office for Recording of Deeds in and for Cumberland County in Plan Book 1, Page 97. Having thereon erected a one story brick ranch type dweling known and numbered as 351 FultonSttreet, Enola, Pennsylvania. PARCEL NO. 09-14-0834-110 PREMISES: 351 FULTON STREET, ENOLA, PA 17025-2523 File #: 234840 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. orney for Plaintiff DATE: File #: 234840 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Attorney For Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF Court of Common Pleas METLIFE BANK NA Plaintiff Civil Division vs CUMBERLAND County GARY L. WITMER No. 10-2322 CIVIL TERM A#qA GARY WITMER Defendant PRAECIPE TO THE PROTHONOTARY: Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: November 18, 2010 PHELAN SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 -uM Michele M. Bradford, Esq., Id. No. 69849zrn Judith T. Romano, Esq., Id. No. 58745 ,r- Sheetal R. Shah-Jani, Esq., Id. No. 81760 r".. Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 =o 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 drew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 PHS# 234940 Attorneys for Plaintiff N {a C= o -t ov 3 O`6 ?s? C IM En -t