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Home My WebLink About10-7170Phelan 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 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ,/Allison F. Wells, Esq., Id. No. 309519 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. DAVID A. NISSLEY DEBORAH NISSLEY 418 ORRS BRIDGE ROAD CAMP HILL, PA 17011-1443 Defendants FILE 0!-I:; ICE- " i 1`r" 15 Ali ?w` 3 Y8ERL ? 'il l ?.(i.J It . ?.Y P1 r I ,'I+ ATTORNEY FOR PLAINTIFF 252652 COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 1C) -', L l 1) CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 252652 00k Act; 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 #: 252652 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: DAVID A. NISSLEY DEBORAH NISSLEY 418 ORRS BRIDGE ROAD CAMP HILL, PA 17011-1443 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/29/2008 DAVID A. NISSLEY and DEBORAH NISSLEY made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR COUNTRYWIDE BANK, FSB which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200807244. 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 10/01/2009 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. File #: 252652 6 The following amounts are due on the mortgage: Principal Balance $199,502.15 Interest $16,346.68 09/01/2009 through 11/11/2010 (Per Diem $37.4066) Attorney's Fees $650.00 Late Charges through 11/11/2010 $789.24 Costs of Suit and Title Search $550.00 Escrow Deficit $3,313.75 Subtotal $221,151.82 Suspense Credit ($1,453.12) TOTAL $219,698.70 7. 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 #: 252652 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $219,698.70, together with interest from 11/11/2010 at the rate of $37.4066 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 By: ? 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 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? rew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 Attorneys for Plaintiff File #: 252652 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEING all of Lot No. 28, Block N, Plan 11, Pine Brook, which Plan is recorded in the Cumberland County Recorder's Office, in Plan Book 20, Page 89. HAVING THEREON ERECTED a dwelling house known and numbered as 418 Orr's Bridge Road, Camp Hill, Pennsylvania. UNDER AND SUBJECT, NEVERTHELESS, to conditions, restrictions, easements and rights-of-way of record. BEING THE SAME PREMISES which Aaron Gold and Kristen J. Gold, husband and wife, by Deed dated August 17, 2004, and recorded August 26, 2004, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 264, Page 4325, granted and conveyed unto Aaron J. Gold and Kristen J. Gold, husband and wife, Grantors herein. PROPERTY ADDRESS: 418 ORRS BRIDGE ROAD, CAMP HILL, PA 17011-1443 PARCEL # 10-19-1598-152. File #: 252652 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. Attorney for Plaintiff DATE: I.- V File #: 252652 SHERIFF'S OFFICE OF CUMBERLAND COUNTY ` c -n Ronny R Anderson Sheriff kkt,,t Jody S Smith Chief Deputy ; Q M Richard W Stewart Solicitor 5;c: ko Cj n t PO BAC Home Loans Servicing, L.P. I Case Number vs. 2010-7170 David A. Nissley (et al.) SHERIFF'S RETURN OF SERVICE 11118/2010 05:12 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on November 18, 2010 at 1712 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: David A. Nissley, by making known unto Deborah Nissley, Wife of defendant at 59 E. Main Street, 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. Request for service at 418 Orrs Bridge Road, Camp Hill, PA 17011 is vacant. RONALD HOOVER, DEPUTY 11/18/2010 05:12 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on November 18, 2010 at 1712 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Deborah Nissley, by making known unto herself personally, at 59 E. Main Street, 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. Request for service at 418 Orrs Bridge Road, Camp Hill, PA 17011 is vacant. SHERIFF COST: $66.50 November 19, 2010 RO ALD HOOVER, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF GouniySuit? S'....'?ff. Tel?orc't. Iec. 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 DAVID A. NISSLEY DEBORAH NISSLEY : I Court of Common Pleas Civil Division CUMBERLAND County No. 10-7170 Defendant TO THE PROTHONOTARY: LLP 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 Allison F. Wells, Esq., Id. No. 309519 PHS# 252652 Attorneys for Plaintiff Please mar the above referenced case settled, dis .nued and ended. Date: ? PHELAN Lawren a & SCHMIEG By: an CD C.,