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Home My WebLink About10-2448Phelan 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. Ronlgno, 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 BAC HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. WILLIAM M. MARKLEY LINDA MARKLEY 244 NORTH 32ND STREET CAMP HILL, PA 17011-2810 Defendants _ 1P'V 2110 nF? ' 13 F,1' 2: 54 CI 4r.': , ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. JCS -c2q v CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE o o 1'?L C? X3559.2., 231750 File #: 231750 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 #: 231750 I. 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: WILLIAM M. MARKLEY LINDA MARKLEY 244 NORTH 32ND STREET CAMP HILL, PA 17011-2810 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/01/2006 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 SLM FINANCIAL CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1961, Page 4294. By Assignment of Mortgage recorded 03/23/2010 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201007226. 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 File #: 231750 by written notice sent to Mortgagor, the entire principal balance and all interest due 6 thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $109,716.39 Interest $6,529.32 08/01/2009 through 04/09/2010 (Per Diem $25.91) Attorney's Fees $650.00 Cumulative Late Charges $259.50 08/01/2006 to 04/09/2010 Costs of Suit and Title Search $550.00 Escrow Deficit $3,947.54 TOTAL $121,652.75 7. 8. 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 #: 231750 9. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $121,652.75, together with interest from 04/09/2010 at the rate of $25.91 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: ao"-J311'? ? Lawrence T. Phel , 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 Eiria B. Jones, Esq., Id. No. 86657 er 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 #: 231750 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in Camp Hill Borough, County of Cumberland, Commonwealth of Pennsylvania bounded and described as follows to wit: BEGINNING at a point on the east side of Eighteenth Street, at the southwest corner of Lot No. 128, as shown on Plan of Greater Harrisburg, said plan being recorded in the Recorder's Office in and for Cumberland County in Plan Book 1, page 20, said point being 80 feet more or less south from the southeast corner of Second and Eighteenth Streets; thence eastwardly along the southern line of Lot No. 128, as shown on said Plan, 142 feet to a 20 feet wide alley; thence southwardly along the western line of said alley, 40 feet to a point; thence westwardly along line of Lot No. 130 on said Plan, 142 feet to Eighteenth Street; thence northwardly along the eastern line of Eighteenth Street, 40 feet to a point, the point and place of BEGINNING. BEING Lot No. 129, as shown on said plan, and being improved with a two and one-half story frame dwelling house known as No. 211 South Eighteenth Street, Camp Hill, Pennsylvania. BEING the same premises which Andrew W. Donaldson and Kelly S. Donaldson, husband and wife, by Deed dated September 20, 2004, and recorded September 21, 2004, in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, in Book 265, Page 1707, granted and conveyed unto Linda Markley, one of the Mortgagors herein. PARCEL NO: 01-22-0536-247 PREMISES: 241 SOUTH 18 TH STREET File #: 231750 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. cot _741 I Attorney for Plaintiff DATE: `4 9 ` File #: 231750 of CV David D. Buell 44f7 M°;, Renee K Simpson Prothonotary ;;� 1St Deputy Prothonotary o uY�a.. Z \G 2! v,, o �irkS. Sohonage, ESQ , --- Irene E. Morrow Solicitor 775o 2nd Deputy Prothonotary Office of the cprotfionotary Cumberland County, Pennsylvania JQ CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE-THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, PA 17013 o (717)240-6195 • Fa.,(717)240-6573