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Home My WebLink About10-4503Phelan 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 vdenine 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 Zu G JtiL -- ~ AM l1 ~ 01 C' ': ve_ ",r { .. ~ , .. ~'. , '1 ATTORNEY FOR PLAINTIFF 242312 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A. 4000 HORIZON WAY IRVING, TX 75063 Plaintiff v. MARY LYNNE VADNEY-MOLNAR 6354 MERCURY DRIVE AKA 6354 MERCURY DRIVE, UNIT 38 MECHANICSBURG, PA 17050-5268 Defendant COURT OF COMMON PLEAS CIVIL DIVISION TERM No. to - 4503 C,vilT~rvr~ CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 242312 .~aa. oo ~o ~rrr e* q~a8i I ~ ayy~~ 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)249-3]66 (800)990-9108 File #: 242312 Plaintiff is METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A. 4000 HORIZON WAY IRVING, TX 75063 2. The name(s) and last known address(es) of the Defendant(s) are: MARY LYNNE VADNEY-MOLNAR 6354 MERCURY DRIVE AKA 6354 MERCURY DRIVE, UNIT 38 MECHANICSBURG, PA 17050-5268 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 09/28/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELEGTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR FIRST HOROZON HOME LOAN CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1967, Page 2991. 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 03/01/2010 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 ti: 242312 6 The following amounts are due on the mortgage: Principal Balance Interest 02/01/2010 through 06/14/2010 (Per Diem $12.86) Attorney's Fees Cumulative Late Charges 09/28/2006 to 06/14/2010 Mortgage Insurance Premium / Private Mortgage Insurance Costs of Suit and Title Search TOTAL 7 $67,364.26 $1,711.00 $650.00 $206.91 $120.00 $550.00 $70,602.17 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 #: 242312 9. Plaintiff hereby releases MARY P. FULTON AKA MARY PATRICIA FULTON, from liability for the debt secured by the mortgage. 10. By virtue of the death of MARY P. FULTON AKA MARY PATRICIA FULTON on 12/07/2009, Defendant became sole owner of the mortgaged premises as surviving tenant by the entireties. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $70,602.17, together with interest from 06/14/2010 at the rate of $12.86 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. HALLINAN & SCHMIEG, LLP By: ^ a ence T. P elan, E q., Id. No. 32227 ^ r ncis S. Hallinan, q., Id. No. 62695 ^ niel 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 Attorneys for Plaintiff File #: 242312 LEGAL DESCRIPTION ALL that certain Unit, being Unit No. 38 (the 'Unit'), of Silver Creek at Hampden, A Townhome Condominium (the 'Condominium'), located in Hampden Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium of Silver Creek at Hampden, A Townhome Condominium (the'Declaration ofCondominium') recorded in the Office of the Cumberland County Recorder of Deeds in Miscellaneous Book 724, Page 70 and in the Declaration Plats and Plans recorded simultaneously in the aforesaid Office in Right of Way Plan Book 13, Page 130, together with any and all amendments thereto. TOGETHER with the undivided percentage interest in the Common Elements appurtenant to the Unit as more particularly set forth in the aforesaid Declaration of Condominium, as last amended. TOGETHER with the right to use the Limited Common Elements applicable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plans, as last amended. UNDER AND SUBJECT to the Declaration of Condominium, to any and all other covenants, conditions, restrictions, rights-of--way, easements and agreements of record in the aforesaid Office, and matters which a physical inspection or survey of the Unit and Common Elements would disclose. BEING part of the same premises which Silver Creek Development Company Limited Partnership, a Pennsylvania limited partnership, as Agent, by its deed dated February 3, 2005 and recorded February 8, 2005 in the Office of the Recorder of Deeds in and for Cumberland County, Pile #: 242312 Pennsylvania in Deed Book 267, Page 2306, granted and conveyed unto Silver Creek Development Company Limited Partnership, a Pennsylvania limited partnership, as Principal, Grantor herein. PROPERTY BEING; 6354 MERCURY DRIVE AKA 6354 MERCURY DRIVE, UNIT 38 PARCEL# 10-18-1323-OO1.U38 File #: 242312 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- DATE: v File #: 242312 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart SOiICItOr Metlife Home Loans A Division of vs. Mary Vadney-Molnar ~4~„titr of ~: umbrrf,~~~ ~, f~ `'~~~ ~,.' ~t~:E l?K 7NE Sr?ERli=1~ r:-,~r- ~ ' '~~~~; {~~~ ' ~ ~~ LJ~ i ~C Z~I~ ~,Stli- { Oe ;~ 1~ ~~j }~ ~ rF Cl.lt~ i, ~~~~ ; , ~` I r i~ i `, .,. L r . Bank NA Case Number 2010-4503 HERIFF'S RETURN OF SERVICE 07/09/2010 04:45 PM -Ryan Burge ,Deputy Sheriff, who being duly sworn according to law, states that on July 9, 2010 at 1642 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendan , to wit: Mary Vadney-Molnar, by making known unto herself personally, at 6354 Mercury Drive, Unit 38, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to er personally the said true and correct copy of the same. ~~ RYAN B E PUTY SHERIFF COST: $37.00 July 12, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosafi. lnc. Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A. Plaintiff vs MARY LYNNE VADNEY-MOLNAR Defendant TO THE PROTHONOTARY: Attorney For Plaintiff C= -n _.0 3 Mca --r _-C rr ? l? . Court of Common Ple %D CD a . Civil Division r Y ' ;. cs c3 • CUMBERLAND County : s i r a cv . No. 10-4503-CIVIL TERM ..f Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date:!' PHEL HALLINAN & SCHMIEG, LLP By: Lawrence . 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 PHS# 242312 Allison F. Wells, Esq., Id. No. 309519 Attorneys for Plaintiff