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HomeMy WebLinkAbout10-7096PhelanHaliiraan & Schmieg, LLP Lawrence T; Phelan, Esq., Id: No. 32227 ~' Francis S. Hallinan, Esq., Id. No. fi269S Daniel G. Schrtflieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romaao; 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, 20?.331 Jay B. Jones, Esq,, Id. No. 86657 Peter J. Mulcahy, Bsq., Id. No. 61i'91 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq:, Id. No. 90134 Chrisavalante P. Fliakos, Esq., Id. No. 94620 Joshua L Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 2'.06779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 i~ne Penn Center Plaza 1?hiladelphia, PA. 19103 :~15-563-7000 BAC HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO; TX'75024 Plaintiff v. TODD A. HOBBY AMANDA J. REECE 5007 RAVENWOOD ROAD MECHANICSBURG; PA 17055-6783 Defendants ,~ ~ ~ ~~; ~~~ ATTORNEY )JORPLAINTTFF 249812 COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE l`;/ t~ File #: 249812 ~~. $QI~ ~ ~~0 1 ~~ t~ s~~ 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 ~omplai.nt 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 MAYBE ABLE 7~0 PROVIDE YOU WITH Il~IFORMATION 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 LIB1/RTY AVENUE CARLISLE, PA 17013 (717}249-3166 (800) 990-9108 File #: 249812 Plaintiff is BAC HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: TODD A. HOBBY AMANDA J. REECE 5007 RAVENWOOD ROAD MECHANICSBURG; PA 17055-6783 who is/are the mortgagor(s) and/or real owner(s) of the. property hereinafter described. 3. On 02/09/2007 TODD A. HOBBY and AMANDA J. REECE made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC. REGISTKATION SYSTEMS, INCORPORATED AS A NOMINEE FOR COUNTRYWIDE BANK,N.A. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1983, Page 2072. By Assignment ofMortga~.ge recorded IO/13/2010 the mortgage was assigned to PLAINTIhF which Assignment is recorded in Assignment of Mortgage Document ID 201029217. 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(8); 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.. ]file #: 249812 S. ~6 The mortgage is in default because monthly payments of principal and interest. upon said mortgage due 08/01/2009 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. The following amounts are due on the mortgage: Principal Balance $359,199.66 Interest $~ 1;295.2a 07/01/2009 through 11/04/2010 (Per Diem $6.6082) Attorney's Fees $650.00 Late Charges through 11/04/2010 .$1,240.33 Costs of Suit and Title Search $550.00 Escrow Deficit $20,26L.70~ Subtotal X41 x;196.92 Suspense Credit $972,62 TOTAL $412,224.30 T. Plaintiff is not seeking; a judgment of personal liability (or an in personals judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its rightto bring a separate Action to establish that right;. if such. right exists. If Defendant(s) leas/have received a discharge o~Fpersorial liability in a bankruptcy proceeding,: this Action of Mortgage Foreclosure is in no way an attempt to reestablish such peesonal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 249812 8. 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;llave been sent to the Defendant(s) on the date(s) set forth thereon, acid the temp~ora>"y 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. '9. The action does not come under Act 6 0£1974 because the original mortgage amount exceeds the dollar amount. provided in the statute. ~~UHEREFORE, Plaintiff demands an in rem judgment against the Llefendant(s) in the sum of ~>412,224.30, together with interest from 11/04/2010 at the rate of $63.6082 per diem to the date of judgment, and other costs, fees; and charges c llYectible under the mortgage and for the y~. foreclosure and sale of the mortgaged property HALLINAN & SCHMIEG, LLP LJ Lawrence T. Phelan; Esq:, Id. No, 3222~..~.-~- ^ Francis S. Hallman, Esq., Id. No. 62695 ^ Dante] G. $chmieg, Esq., Id: No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ^ Juditl3`T. Romano, Esq., Id. No. S$74S ^ S Fetal R. Shah-Jani, Esq., Id. No. 81760 ^ enine R. Davey, Esq., Id. No: 87077 Lauren R. Tabas, Esq:, Id. No, 933 i7 ^ vivek Srivastava, Esq., Id. No:.202331 ^ Jay B: Jones; Esq., Id. No. 86657 ^ Pete'r J. Mulcahy, Esq., Id. No. 617 1 Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, esq., Id. No. 90U4 ^ Chrisovalante P. Fliakos, Esq.; Id. No, 94620 ^ Joshua I. Go}dman, Esq,, Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id: No. 208375 Attorneys for Plaintiff File #: 24981.2 LEGAL DIJSCIZII''I'ION ALL THAT CERTAIN tract or parcel of land being situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the southern dedicated right-of--way line of Ravenwood Road, said: :point also being the northwest corner of Lot No. 36 of the hereinafter referenced Final Subdivision Plan; THENCE along the western line of said Lot No. 36 South 35 degl°ees 30 minutes 1 S seconds East a distance of 158.04 feet to a point on the northers line of land hT/F Robert J. Horst and Katheryn A. Horst: THENCE along the northern line of said Horst lands and along the northern line of Lot No. 31 of the hereinafter referenced Final Subdivision Plan, South `>0 degrees S6 minutes 00 seconds West a distance of 100.19 feetto a point; THENCE along the eastern line of Lot No. 34 of the hereinafter referenced Final Subdivision Plan Nortli 35 degrees 30 minutes 15 seconds West a distance of 183.96 feet to a point on the southern dedicated right- of--way line of Ravenwood Road; THENCE along the southern dedicated right-of-way line of ~:avenwood Road North 54 degrees 29 minutes 45 seconds East a distance of 32.63 feet to a point; THENCEalong the same by a curve to the right having an arc length of 69.2 feet, a radius of 125.00 feet, a chord bearing of North 70 degrees 21 minutes 36 seconds East and a chord length of 68.34 feet to a point; THENCE along the same North 86 degrees 13 mil~utes 28 seconds East a distance of 1.92 feet to a point, the point and place of BEGINNING: THE FOREGOING legal description is in conformance with. the plan entitled 'Phase 2 Final Subdivision Plan for The Manor at Fair Oalcs,' dated August 25, 2003, last revised August 19, 2004, Project Number 210544, recorded in the Office of the Recorder of Deeds of Cumberland County; Pennsylvania in Plan Book 89, Page 120. File #: 249812 UNDER AND SUBJECT to any and all conditions, restrictions, easements, right-of--way;. agreements and covenants of record and that a physical inspection of the property would disclose. PROPERTY ADDRESS: 5007 RAVENWOOD ROAD, MECHANICSBURG, PA 17055-6783 PARCEL # 13-26-0247-096 00512891 File #: 249812 VERIFICATIOl~i The undersigned attorney hereby states that I am the attorney for the Plaintiff in t17is inattei•, that Plaintiff is outside the jurisdiction of the Court and/or theverification could. not be obtained within the ti.tne allowed for the filing of the pleading; that I am autfiorized to make this verification piu°suant to Pa:R.C.P, 1024 (c), and that the "statements made in the foregoing Civil Action in Mortgage Poreclosuxe ,ire based upon information supplied by Plaintiff and are true and correct to the best of m~ knowledge, 6nfonnation and belief. Furthermore, counsel intends to substitute a verification ft~o~ln Plainfiff~upon ~~ece~pt. The msdersigned understands that this statement is le subject tothe penalties of l8 Pa:C.S. Sec. 4904 relating to unsworn falsifications to ~~ ~~ LATE: ey for File #: 249812 SHERIFF'S OFFICE OF CUMBERLAND COUP ---i Ronny R Anderson Z.fi 2-10 ` Sheriff at Climb ma'r w ' © )CD C Jody S Smith r' " .?? . Chief Deputy { x`ci g q Richard W Stewart C to ? 1 Solicitor OFP ..E --q r4?) r\3 `;u ._y BAC Home Loans Servicing, LP vs. Case N umber Todd A. Hobby (et al.) 2010-7096 SHERIFF'S RETURN OF SERVICE 11/19/2010 06:41 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on November 19, 2010 at 1841 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Amanda J. Reece, by making known unto herself personally, at 5007 Ravenwood Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. RYAN BURGETT, DEPUTY 11/19/2010 06:41 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on November 19, 2010 at 1841 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Todd A. Hobby, by making known unto Amanda Reece, Wife of defendant at 5007 Ravenwood Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. RYAN BURGETT, DEPUTY SHERIFF COST: $53.00 November 23, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF {c;, GountySuite Sheriff, Tetea?s^ft, In Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff BAC HOME LOANS SERVICING, LP Plaintiff vs TODD A. HOBBY AMANDA J. REECE Defendant : I Court of Common Pleas : I Civil Division CUMBERLAND County 3 No. 10-7096 TO THE PROTHONOTARY: Please withdraw the complaint and mark the action discontinued and ended vrt N prejudice. .v Date: PHELAN HALLINAN & SCHMIEG, LLP By: La ence T. Phelan, Esq., o. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 20677$ ' Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 PHS# 249812 Attorneys for Plaintiff 0 =-n rn -urn 70v C) 4(o x -n o -n zF am D