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Home My WebLink About10-4322 "-T~= c,,.,Tr .-,71~Y ~_. .. ZOiO J~#~~ 29 ~':~i 2~ 2 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 ~chele 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 242788 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RAMP 2005EFC3 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 ~. Plaintiff PAUL M. SEBASTIAN BARBARA A. SEBASTIAN 22 HELLAM DRIVE MECHANICSBURG, PA 17055-6162 Defendants File #: 242788 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY ~'A 61.00 PA AT1^/ C*91d918~ 2~ ay~N39 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 #: 242788 1. Plaintiff is U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RAMP 2005EFC3 1100 VIRGINIA DRIVE, P.O. BOX 8300 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es) of the Defendant(s) are: PAUL M. SEBASTIAN BARBARA A. SEBASTIAN 22 HELLAM DRIVE MECHANICSBURG, PA 17055-6162 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/25/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR EQUIFIRST CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1909, Page 3369. 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 #: 242788 6. The following amounts are due on the mortgage: Principal Balance $178,392.53 Interest $5,743.40 O 1 /01 /2010 through 06/ 18/2010 (Per Diem $34.4397) Attorney's Fees $650.00 Cumulative Late Charges $377.28 05/25/2005 to 06/18/2010 Costs of Suit and Title Search , 550"0 Subtotal $185,713.21 Suspense Credit ($1,246.93) Escrow Credit (851 _RRl TOTAL $183,614.40 7 Plaintiff is nQt seeking a judgment of personal liability (or an in pers~nam 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 #: 242788 WHEREFORE, Plaintiff demands an in r~.m judgment against the Defendant(s) in the sum of $183,614.40, together with interest from 06/18/2010 at the rate of $34.4397 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. HELAN HALLINAN & SCHMIEG, LLP By: ence .Phelan, Esq., Id. No. 3222 Francis S. Hallinan, Esq., Id. No. 62695 aniel 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 #: 242788 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, and more particularly described as follows: BEGINNING at a point in the Southern line of Hellam Drive (50 feet wide), which point is on the line dividing Lots Nos. 12 and 13, Section G on the hereinafter mentioned Plan of Lots; thence North 88 degrees 15 minutes East along said line of Hellam Drive 72 feet to a point; thence continuing along the same in a curve to the right having a radius of 474.01 feet, an arc distance of 36.71 feet to a point in the line dividing Lots Nos. 11 and 12 on said Plan; thence South 02 degrees 41 minutes 13 seconds West along said dividing line 124.85 feet to a point; thence South 88 degrees 15 minutes West a distance of 99.01 feet to a point in the line dividing Lots Nos. 12 and 13 aforesaid; thence North O1 degrees 45 minutes West along the last said dividing line 125.89 feet to a point in the Southern line of Hellam Drive, the place of beginning. BEING Lot No. 12, Section G on Final Subdivision Plan No. 4, Kimberly Meadows, which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 31, Page 123. HAVING thereon erected a dwelling otherwise known and numbered as 22 Hellam Drive, Mechanicsburg, PA. BEING PARCEL # 42-27-1888-165 PREMISES: 22 HELLAM DRIVE, MECHANICSBURG, PA 17055-6162 File #: 242788 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. Atto ey for Pl mt f DATE: File #: 242788 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~~~~~titp o1' ~ir~nL~rf~~0 ~' - ~,' k~; ,~ EsFfICE ~'~K'HC c~ERIFF I~ " :vim FiL~t7 ~-„~ ~c ~iC F~; ~' ~`"~~''rA~?Y 2010 J'~1L -6 A~ ~• j~~~~h~aY~4`kNIA US Bank National Association vs. Case Number Paul M. Sebastian (et al.) 2010-4322 SHERIFF'S RETURN OF SERVICE 07/01/2010 04:57 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on July 1, 2010 at 1650 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Paul M. Sebastian, by making known unto Barbar .Sebastian, Wife of defendant at 22 Hellam Drive, Mechanicsburg, Cumberland County, Penn ylvan' 1 055 its contents and at the same time handing to her personally the said true and correct cop~c fie a e. ., SHA~II~HARRISON, DEPUTY 07/01/2010 04:57 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on July 1, 2010 at 1650 hours, he served a true copy of the within Complaint in Mortgage For sure, upon the within named defendant, to wit: Barbara A. Sebastian, by making known unto her If p rsonally, at 2193 Bradford Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its c tents and at the same time handing to her personally the said true and correct copy of the samm~ n HARRISON, DEPUTY SHERIFF COST: $53.00 July 02, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF !c) CouniySuite Sheriff, Teleosoft. Inc. of C Davi 1 D. Buell- �e P Knee X Simpson • Prothonotary � F__ , al 1S` Deputy prothonotary ar ohonage, ESQ •��∎:1 g Irene E. .Morrow Solicitor r 750 2"d Deputy prothonotary Office of the Prothonotary Cumberland County, Pennsylvania JO - /31.22 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 0 Suite 100 . Carlisle, PA 17013 • (717)240-6195 • Fax(717)240-6573