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HomeMy WebLinkAbout10-2323 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 234252 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE PASS- THROUGH CERTIFICATES SERIES 2006-E 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 Plaintiff V. FRANKLIN B. THOMPSON, IV 530 NORTH 2ND STREET WORMLEYSBURG, PA 17043-1001 Defendant r '?? ,ilJ ?l'U'•?S Cum ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. /D -.23.2 3 01-. i t /iepn CUMBERLAND COUNTY CIVIT, ACTION -1.AW COMMAINT IN MORTGAGR FORF.CI.OSURF. ?92.U6 CL P41 r a /-a Kam" C? Lj File #: 234252 K=m- a'7 ) / U a 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 #: 234252 1. Plaintiff is THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-E 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 2. The name(s) and last known address(es) of the Defendant(s) are: FRANKLIN B. THOMPSON, IV 530 NORTH 2ND STREET WORMLEYSBURG, PA 17043-1001 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/08/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR EQUITY ONE, INCORPORATED which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1972, Page 2364. 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2008 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 #: 234252 • 6. The following amounts are due on the mortgage: Principal Balance $68,992.88 Interest $8,921.44 08/01/2008 through 04/02/2010 Attorney's Fees $650.00 Cumulative Late Charges $436.31 11/08/2006 to 04/02/2010 Costs of Suit and Title Search $-5-50-00 Subtotal $79,550.63 Suspense Credit $0.00 Escrow Credit $0.00 Deficit $2,379.05 Subtotal $2,379-05 TOTAL $81,929.68 7. Plaintiff is nat 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. 8. 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 #: 234252 9. Plaintiff hereby releases VIRGINIA S. THMOPSON from liability for the debt secured by the mortgage. WHEREFORE Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $81,929.68, together with interest from 04/02/2010 at the rate of $15.07 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: 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 File #: 234252 LEGAL DESCRIPTION ALL THAT CERTAIN lot or place of land situate in the Borough of Wormleysburg, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the western line of Second Street on the dividing line between Lots Nos. 219 and 216 on the hereinafter mentioned Plan of Lots, said point being one hundred twenty (120) feet south of the southwest corner of Second Street and Stella Avenue; thence in a northerly direction along the western line of Second Street twenty (20) feet to a point on the line running through the partition wall of the double two and one-half store cement block dwelling house erected in part on the lot hereby conveyed; thence in a westerly direction through the center of said partition wall and beyond one hundred and fifty (150) feet to the eastern line of Third Street; thence in a southerly direction along the eastern line of Third Street twenty (20) feet to a point on the dividing line between Lots Nos. 219 and 217 on the hereinafter mentioned Plan; thence in a easterly direction along said line and the line dividing Lots Nos. 218 and 216 on said Plan, one hundred and fifty (150) feet to the western line of Second Street, the point or Place of BEGINNING. PARCEL NO. 47-19-1588-439 PREMISES: 530 NORTH 2ND STREET, WORMLEYSBURG, PA 17043-1001 File #: 234252 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: ---q [(,(If) orney for Plaintiff File #: 234252 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-E Plaintiff vs FRANKLIN B. THOMPSON, IV Defendant a -~'?Y ~_ ~_ _- t - ~== f; ~"1"1 `,, 1 - GJ ~f. Z:+ '4"1 TO THE PROTHbNOTARY: PRAECIPE `ti ~. -` ~m' ~v cr. ~:. ~-{ *.. 5 :,<<. ~{ Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: July 12, 2010 PHELAN HAL INAN & SCHMIEG, LLP By: 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 Judith T. Romano, Esq., Id. No. 58745 ,,Sl'feetal 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 PHS# 234252 Attorneys for Plaintiff Court of Common Pleas Civil Division ~ CUMBERLAND County No.10-2323-CIVIL TERM SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy 40.?r, 41o Qi tiuipttcp?144 FILED-OFFICE OF THE PROTHONOTARY Richard W Stewart Solicitor OFF . F !-I- _ ,F?sFF 2011 JAN 24 AM 10: 00 CU PENNSYLVANMBERLAND COUNTY The Bank of New York Mellon Trust Company vs. Case Number Franklin B. Thompson, IV (et al.) 2010-2323 SHERIFF'S RETURN OF SERVICE 01/19/2011 05:23 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on January 19, 2011 at 1723 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest From or Under Franklin B. Thompson IV, Deceased, pursuant to order of court by posting the premises located at 530 N. Second Street, Wormleysburg, Cumberland County, Pennsylvania 17043 with a true and correct copy according to law. SHERIFF COST: $57.40 January 20, 2011 RYAN BURGETT, SO ANSWERS, RON R ANDERSON, SHERIFF (c wam'ySLAP Shertt. Teleo,;oft Inc.