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Home My WebLink About10-7037Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 F,-ancis 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. 58-745 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. Eliakos, 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 BAC HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. LISA E. CORDLE JOHN S. ROSENBERRY, JR RUTH E. ROSENBERRY 6 WEST MAIN STREET NEWBURG, PA 17240-8114 Defendants Y ?a€ti? Lllk ATTORNEY FOR PLAINTIFF 246297 COURT OI" COMMON PLEAS CIVIL DIVISION TERM NO. lb-)637 C CIVIL ACTION - LAW COUNTY IN MORTGAGE FORECLO File ##: 246297 00 6? ,` I. f NOTICE You have been sued in Court. If you wish to defend against the hollowing pages, you must take action within twenty (20) days after this served by entering a written appearance personally or by attorney and fi Court your defenses or objections to the claims set forth against you. ? fail to do so, the case may proceed without you, and a judgment may be set forth in the aint and Notice are in writing with the are warned that if you 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 oth?ir 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 N CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 FEE. File #: 246297 t ' 1. 2. 3 4. 5 Plaintiff is BAC HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO, TX 75024 The name(s) and last ].mown address(es) of the Defendant(s) are LISA E. CORDLE JOHN S. ROSENBERRY, JR RUTH E. ROSENBERRY 6 WEST MAIN STREET NEWBURG PA 17240-8114 who is/are the mortgagor(s) and/or real owner(s) of the On 08/25/2006 LISA E. CORDLE, JOHN S. ROSENBERRY, ROSENBERRY made, executed and delivered a mortgage described. and RUTH E. the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR COUNTRYWIDE HOME LOANS, INC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1965, Page 1168. By Assignment of Mortgage recorded 08/31/2010 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assigmnent of Mortgage Instrument No. 201024189. 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 t( attach documents to pleadings if those documents are of public record. 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 02/01/2010 and each month thereafter are due A of said mortgage, upon failure of mortgagor to make such p2 unpaid, and by the terms after a date specified File #: 246297 by written notice sent toMortgagor, the entire principal balance ?nd all interest due thereon 6 are collectible forthwith. The following amounts are due on the mortgage: Principal Balance Interest 01 /01/20 10 through 11/03/2010 (Per Diem $9.3729) Attorney's Fees Late Charges through 11/03/2010 Costs of Suit and Title Search Escrow Deficit Subtotal Suspense Credit TOTAL '7 8 $9,080.21 2,877.48 $650.00 $100.50 $550.00 2,652.54 5,910.73 5113.21 5,797.52 Plaintiff is not seeking a judgment of personal liability (or an in against the Defendant(s) in the Action; however, Plaintiff separate Action to establish that right, if such right exists. If D received a discharge of personal liability in a bankruptcy pro Mortgage Foreclosure is in no way an attempt to reestablish discharged in bankruptcy, but only to foreclose the mortgage premises pursuant to Pennsylvania Law. )ersonam judgment) s its right to bring a endant(s) has/have ling, this Action of i personal' liability I sell the mortgaged 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 Notice of Default as required by the mortgage document, as the Defendant(s) on the date(s) set forth thereon, and the tem notice has terminated because Defendant(s) has/have failed to authorized consumer credit counseling agency, or has/have Pennsylvania Housing Finance Agency. in 1998, and/or e, have been sent to stay as provided by said with the Plaintiff or an i denied assistance by the File #: 246297 9. Defendants' application for assistance under Act 91 of 1983 has 'been rejected by the Pennsylvania Housing Finance Agency. 'WHEREFORE, Plaintiff demands an in rem judgment against the Defe dam(s) in the sum of $55,797.52, together with interest from 11/03/2010 at the rate of $9.3749 per diem to the date of jjudgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. HALLINAN & SCHMIEG, LLP By: L w ence T. Phelan; E./q., I No. 32227 F n is S. Hallinan, Esq., Id No. 62695 ? Da i 1 G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., d. 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. 8 657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., I No. 84439 ? Jaime McGuinness, Esq., Id No. 90134 Chrisovalante P. Fliakos, Es Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., I No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 246297 LEGAL DESCRIPTION Y 1? ALL that certain lot or piece of ground with the buildings and im situate on Main Street in the Borough of Newburg, County of Cumb Pennsylvania, 'bounded and described as follows: is thereon erected; and Commonwealth of :BEGINNING at a post on the South side of Main Street; thence along the South side of Main Street, Eastwardly fifty (50) feet to a lot of the Independent Order of Odd Fellows of the said :Borough and known as No. 18; thence by said Independent Order of Odd Fellows lot Southwardly one hundred sixty-nine (169) feet to an alley; thence by said alley, Wes wardly fifty (50) feet to corner of lot of Anna Mae Cramer, known as No. 16; thence by said Cramer lot, Northwardly one hundred sixty-nine (169) feet to the place of BEGINNING; known in the general plan of said Borough as Lot No. 17. BEING the same premises conveyed by Jay L. Pyne and Dorothy J. Pyre, his wife, by deed dated February 28, 1978 and recorded in the office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book'R', Volume 27, Page 21, unto Charles H. P ne and Laura C. Pyne, his wife, the grantors herein. PROPERTY ADDRESS: 6 WEST MAIN STREET, NEWBURG, A 17240-8114 PARCEL # 24-21-0390-064 File #: 246297 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 tirne 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 unshorn falsifications to authorities. 4'o :DATE: for Plaintiff Pile #: 246297 SHERIFF'S OFFICE OF CUMBERLAND COUNT 2 - Ronny RAnderson w Mp Sheriff ?tp of trtrTGCr r X -?Q Jody S Smith j t ottr 3ps =-n Chief Deputy ? c-3 Richard W Stewart BAG Home Loans Servicing, LP Case Number vs . John Samual Rosenberry, Jr (et al.) 2010-7037 SHERIFF'S RETURN OF SERVICE 11/19/2010 06:00 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on November 19, 2010 at 1800 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Ruth E. Rosenberry, by making known unto Lisa E. Cordle, adult in charge at 6 W. Main Street, Newburg, Cumberland County, Pennsylvania 17240 its contents and at the same time handing to her personally the said true and correct copy of the same. RONALD HOOVER, DEPUTY 11/19/2010 06:00 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on November 19, 2010 at 1800 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Lisa E. Cordle, by making known unto herself personally, at 6 W. Main Street, Newburg, Cumberland County, Pennsylvania 17240 its contents and at the same time handing to her personally the said true and correct copy of the same. RONALD HOOVER, DE TY 11/19/2010 06:00 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on November 19, 2010 at 1800 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: John Samual Rosenberry Jr., by making known unto Lisa E. Cordle, adult in charge at 6 W. Main Street, Newburg, Cumberland County, Pennsylvania 17240 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $78.00 November 23, 2010 RONALD HOOVER, DEPUTY SO ANSWERS, RbNWY- R ANDERSON, SHERIFF !c GouniySuite Sheriff. Teleosott Inc