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Home My WebLink About10-3380Supreme Court of Pennsylvania Court,of Common Pleas Civil Cover Sheet CI1nrRFRi,A1V>n County For Prothonotary Use Only: Docket No: 10 - 3380 aiyi c term The information collt?clc(l oii this form is used solely for court administration purposes. This form does not cvnntornont nr rnnlnro tho filina and corviro n{rnlonrB"nc nr nih ., --I A„ 7 - l., r .._.... Commencement of Action: 0 Complaint ? Writ of Summons ? Petition ? Notice of Appeal ? Transfer from Another Jurisdiction ? Declaration of Taking Lead Plaintiffs Name: US BANK N.A., AS TRUSTEE FOR RASC 2006-EMX8 Lead Defendant's Name: BRIGETTE J. HARE ? Check here if you are a Self-Represented (Pro Se) :Litigant Name of Plaintiff/Appellant's Attorney: Are money damages requested? : ? Yes 0 No Dollar Amount Requested: within arbitration limits (Check one) outside arbitration limits is this a Class Action Suit? ? Yes 0 No Nature of the Cnse: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) ? Intentional ? Malicious Prosecution ? Motor Vehicle ? Nuisance ? Premises Liability ? Product Liability (does not include mass tort) ? Slander/Libel/ Defamation ? Other: MASS TORT ? Asbestos ? Tobacco ? Toxic Tort - DES ? Toxic Tort - Implant ? Toxic Waste ? Other: Pa.R.C.P. 205.5 CONTRACT (do not include Judgments) ? Buyer Plaintiff ? Debt Collection: Credit Card ? Debt Collection: Other ? Employment Dispute: Discrimination ? Employment Dispute: Other ? Other: REAL PROPERTY ? Ejectment ? Eminent Domain/Condemnation ? Ground Rent ? Landlord/Tenant Dispute 0 Mortgage Foreclosure ? Partition ? Quiet Title ? Other: CIVIL APPEALS Administrative Agencies ? Board of Assessment ? Board of Elections ? Dept. of Transportation ? Zoning Board ? Statutory Appeal: Other Judicial Appeals ? MDJ - Landlord/Tenant ? MDJ - Money Judgment ? Other: MISCELLANEOUS ? Common Law/Statutory Arbitration ? Declaratory Judgment ? Mandamus ? Non-Domestic Relations Restraining Order ? Quo Warranto ? Replevin ? Other: 5/201 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 t--4oshua 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 239448 US BANK N.A., AS TRUSTEE FOR RASC 2006- EMX8 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff V. BRIGETTE J. HARE DAVID P. HARE 4125 BURNS ROAD MECHANICSBURG, PA 17055-5910 Defendants 2P 10 t-'U Cvlid pr' ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. !O -3380 C:1 V; t lerM CUMBERLAND COUNTY (2) $Qa.00 PA ?kTT't C1rCtN'R5l 0" a4 a q5a File #: 239448 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 #: 239448 1. Plaintiff is US BANK N.A., AS TRUSTEE FOR RASC 2006-EMX8 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: BRIGETTE J. HARE DAVID P. HARE 4125 BURNS ROAD MECHANICSBURG, PA 17055-5910 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/21/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., AS A NOMINEE FOR MORTGAGE LENDERS NETWORK USA, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1961, Page 105. 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. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 02/01/2010 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 #: 239448 6 The following amounts are due on the mortgage: Principal Balance Interest 01/01/2010 through 05/10/2010 (Per Diem $43.48) Attorney's Fees Cumulative Late Charges 07/21/2006 to 05/10/2010 Costs of Suit and Title Search Subtotal Escrow Credit TOTAL 7. 8. $176,328.31 $5,681.14 $650.00 $0.00 $-550-00 $183,209.45 55.89) $183,153.63 Plaintiff is = 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 #: 239448 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $183,153.63, together with interest from 05/10/2010 at the rate of $43.48 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: LJ Lawr?fic T. Phelan, sq., Id. No. 32227 ? Fr is . Hallinan sq., Id. No. 62695 ? Daniel G. g, 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 RChrisovalante 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 #: 239448 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point of intersection of the eastern line of Burns Road and the line of adjoiner between Lots Nos. 66 and 67 on the hereinafter mentioned Plan of Lots; thence South 84 degrees 04 minutes 30 seconds East by said line of adjoiner a distance of 200 feet to a point on the western line of lands now or formerly of Paul L. Cressman, Sr.; thence South 5 degrees 55 minutes 30 seconds West by western line of lands a distance of 100 feet to a point on the northeastern corner of Lot No. 88 on said Plan; thence North 84 degrees 04 minutes 30 seconds West along the line of adjoiner between Lots Nos. 67 and 68 on said Plan a distance of 200 feet to a point on the eastern line of Burns Road; thence North 5 degrees 55 minutes 30 seconds East along said eastern line of Burns Road a distance of 100 feet to the point and place of BEGINNING. BEING Lot 67, Section F on the plan of Lisburn Estates recorded in the Cumberland County Recorder of Deeds Office in Plan Book 22, Page 130. BEING known as 4125 The Burns Road, Mechanicsburg, Pennsylvania. PARCEL#: 13-31-2136-052 BEING the same premises which Lisa S. McCormick, Administratrix of the Estate of Douglas E. McCormick, deceased, late of Lower Allen Township, by Deed dated June 21, 2004 and recorded June 30, 2004, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 263, Page 4202, granted and conveyed unto Lisa S. McCormick, the Grantor herein. File #: 239448 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: 5 IA O File #: 239448 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff US BANK N.A., AS TRUSTEE FOR RASC 2006-EMX8 Plaintiff vs BRIGETTE J. HARE DAVID P. HARE Defendant : I Court of Common Pleas : I Civil Division CUMBERLAND County : I No. 10-3380-Civil-Term PRAECIPE TO THE PROTHONOTARY: Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: September 23, 2010 PHELAN HALLIN -Sttf?AIEG?LLP By: Lawrence elan, Esq., Id. No. 32227 Francis allinan, 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 5 Sheetal R. Shah-Jani, Esq., Id. No. 81760 7 I= C-) Jenine R. Davey, Esq., Id. No. 87077 '-== Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 u-- Z Jay B. Jones, Esq., Id. No. 86657 Lt-= v? ca Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 a C-11 L) 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 PHS# 239448 Attorneys for Plaintiff