The URL can be used to link to this page

Home My WebLink About10-4095Phelan 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 V_ eetal R. Shah-Jani, Esq., Id. No. 81760 Jenme 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 240934 AURORA LOAN SERVICES, LLC. 2617 COLLEGE PARK SCOTTSBLUFF, NE 69361-2294 Plaintiff V. DAVID C. KYLE MERIDETH L. KYLE 3539 MARCH DRIVE CAMP HILL, PA 17011-5011 Defendants File #: 240934 FILE'?- ?-k _ 2G10 JUN 17 Pr, 45 ?JNT, rG??? •JJjf?L?r?.-y"ilr; ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. lo- 4og5 0-'iV11TejyA CUMBERLAND COUNTY V #44.00 Pb K" ,f %ast6 Ray 3930 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 #: 240934 1. Plaintiff is AURORA LOAN SERVICES, LLC. 2617 COLLEGE PARK SCOTTSBLUFF, NE 69361-2294 2. The name(s) and last known address(es) of the Defendant(s) are: DAVID C. KYLE MERIDETH L. KYLE 3539 MARCH DRIVE CAMP HILL, PA 17011-5011 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/03/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR LEHMAN BROTHERS BANK, FSB which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1759, Page 0919. 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 11/0 1 /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 #: 240934 6. The following amounts are due on the mortgage: Principal Balance $105,013.93 Interest $5,047.52 10/01/2009 through 05/22/2010 (Per Diem $21.58) Attorney's Fees $650.00 Cumulative Late Charges $120.63 05/03/2002 to 05/22/2010 Costs of Suit and Title Search $550.00 Escrow Deficit $1 OR S f 5 Subtotal , $112,467.73 Suspense Credit a] 1 R_31) TOTAL $112,349.40 7 8. 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 #: 240934 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $112,349.40, together with interest from 05/22/2010 at the rate of $21.58 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 B Y• ? 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 ?Jdith T. Romano, Esq., Id. No. 58745 Yeetal 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 Attorneys for Plaintiff File #: 240934 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, bounded and described in accordance with a survey thereof made by Michael C. D'Angelo, Registered Surveyor, dated July 15, 1974, as follows, to wit: BEGINNING at a pin on the Southeasterly side of March Drive (50 feet wide) at the dividing line between Lots 129 and 130 on said plan; said point being measured along the said side of March Drive, 621.83 feet Southwest of May Drive; thence extending from said point of beginning and along the division line between Lots 129 and 130, South 41 degrees 26 minutes East the distance of 110.40 feet to a pin; thence South 51 degrees 40 minutes West the distance of 67.10 feet to a pin at the dividing line between Lots 128 and 129; thence along the said dividing line, North 41 degrees 26 minutes West the distance of 106.77 feet to a stone on the said side of March Drive; thence along the said side of March Drive, North 48 degrees 34 minutes East the distance of 67.00 feet to a point, the place of BEGINNING. BEING Lot No. 129, Block F., Section 2 on the Plan of Trindle Village, recorded in Plan Book 9, Page 12. HAVING thereon erected a brick and frame ranch type dwelling house known and numbered as 3539 March Drive. BEING the same premises which Thomas H. Darby and Thelma F. Darby, his wife, by their deed dated September 11, 1987 and recorded September 15, 1987 in the Cumberland County Recorder of Deeds Office in Deed Book 'X', Volume 32, Page 968, granted and conveyed unto Judy A. File #: 240934 Heiser, one of the Grantors herein. The said Judy A. Heiser, now known as Judy A. Arnott,has since married Stephen W. Arnott who joins in this conveyance.. PROPERTY ADDRESS: 3539 MARCH DRIVE, CAMP HILL, PA 17011 PARCEL NO.:01-22-0531-071 File #: 240934 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: r 10 Attorney for Plaintiff File #: 240934 SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~,;~;. Ronny R Anderson ~1~.~(r' ';; -.°~t~~,' Sheriff .r _ _ ~ ; ; , .: , t~~ ,,~ Thy-. i'~ ~ ~~~Ntk~ of val iiil rr~~ ~ Chaef Depruty ~ ~-~ . ~ ~ ~ ~~t~ ~~~a`~ 2~ ~~I ~: 1 ~. .~ . '~-,. Richard W Stewart =' yli~`-r ('~'` ,t , _ _ SoliC/tor ~SFP E ' F Tke «.cRiFF CViYtr~'+ , e L`~~'1_~,Cti+H r`~fi +' yea' Aurora Loan Services, LLC Case Number vs. David C. Kyle (et al.) 2010-4095 SHERIFF'S RETURN OF SERVICE 06/22/2010 06:34 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 22, 2010 at 1839 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Merideth L. Kyle, by making known unto herself personally, at 3539 March Drive, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. ~,,. ~~~. NOAH CLINE, DEPUTY 06/23/2010 07:17 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 23, 2010 at 1917 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: David C. Kyle, by making known unto himself personally, at 2008 Dickinson Avenue, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. ~~~~~ , NOAH CLINE, DEPUTY SHERIFF COST: $71.00 June 24, 2010 SO ANSWERS, C,.y RON R ANDERSON, SHERIFF (c} (~ounty5uite Sheriff. Telensoft_ Inr,. 1' ~ ti 2flll> JJ~ 30 i'~I f2~ ~ I 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 AURORA LOAN SERVICES, LLC. Plaintiff vs. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-4095-CIVIL TERM DAVID C. KYLE CUMBERLAND COUNTY MERIDETH L. KYLE Defendant(s) . PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 240934 S Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Att~rnev for Plaintiffs. U rence T. Phelan, sq., Id. No. 32227 ^ F ncis S. Hallinan, sq., Id. No. 62695 ^ niel 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 Date: 6-28-10 PHS #: 240934 VERIFICATION ~~ ~ ~ ~ M ~`b ,hereby states that he/she is _V~ of, AURORA LOAN SERVICES, LLC., servicing agent for Plaintiff in this matter, AURORA LOAN SERVICES, LLC., that he/she is authorized to take this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE. File #: 240934 CHERYL MARCHANT Title: VICE PRESIDENT Servicer: AURORA LOAN SERVICES, LLC. Name: KYLE 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 AURORA LOAN SERVICES, LLC. Plaintiff vs. DAVID C. KYLE MERIDETH L. KYLE Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-4095-CIVIL TERM CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: DAVID C. KYLE 3539 MARCH DRIVE CAMP HILL, PA 1 701 1-501 1 PHS #: 240934 MERIDETH L. KYLE 3539 MARCH DRIVE CAMP HILL, PA 17011-5011 Date: 6-28-10 Phelan Hallinan & Schr~eg, LLP Attpf3~ey for Plaintiff // ~~ By: Vlil/ ^ L w •ence T. Phelan, sq., Id. No. 32227 ^ F n is S. Hallina ,Esq., Id. No. 62695 ^ D i 1 G. Schmieg; Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ J ith T. Romano, Esq., Id. No. 58745 heetal 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 #: 240934 F ILED-0 F ICE I HIE - -- PRO T HONG 2012 FEB 17 AM 10: 3) 3 Phelan Hallinan & Schmie&? P Attorney For Plaintiff 1617 JFK Boulevard, Suited E R L A N D C 0 U N T Y One Penn Center Plaza ENNSYLVANIA Philadelphia, PA 19103 215-563-7000 AURORA LOAN SERVICES, LLC. Plaintiff vs DAVID C. KYLE MERIDETH L. KYLE Defendant TO THE PROTHONOTARY: Court of Common Pleas Civil Division CUMBERLAND County No. 10-4095-CIVIL TERM PRAECIPE ® Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ? Please mark the above referenced case Settled, Discontinued and Ended. ? Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. ? Please mark the in rem judgment Satisfied and the action Discontinued and Ended. Date: P LAN ALLINAN & IEG, LLP B Melissa J. Cantwell, Esq., Id. 308912 Attorney for Plaintiff PHS # 240934 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Attorney For Plaintiff One Penn Center Plaza Philadelphia, PA 191.03 215-563-7000 AURORA LOAN SERVICES, LLC. Plaintiff Court of Common Pleas vs DAVID C. KYLE MERIDETH L. KYLE Defendant Civil Division CUMBERLAND County No. 10-4095-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: DAVID C. KYLE MERIDETH L. KYLE 3539 MARCH DRIVE CAMP HILL, PA 17011 5011 Date: i ? ($y_ Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff PHS # 240934