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Home My WebLink About10-7625„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 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK 601 PENN STREET READING, PA 19601 Plaintiff v. GARY E. MILLER HELEN L. MILLER 10 NORTH MOUNTAIN STREET NEWBURG, PA 17240-9232 Defendants 2~ i J PFC E 3 Aht !(~~ i 6 ATTORNEY FOR PLAINTIFF 252939 COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ~O.1 ~ aj CUMBERLAND COUNTY v ~~a a~ ~} ~~ a. File #: 252939 Ck~- tO~Go~~ ~ ~. 25~a9 0 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 #: 252939 1. Plaintiff is SOVEREIGN BANK 601 PENN STREET READING, PA 19601 2. The name(s) and last known address(es) of the Defendant(s) are: GARY E. MILLER HELEN L. MILLER 10 NORTH MOUNTAIN STREET NEWBURG, PA 17240-9232 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/13/2006 GARY E. MILLER and HELEN L. MILLER made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1947, Page 3783. 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 06/01/2010 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 #: 252939 6. The following amounts are due on the mortgage: Principal Balance $40,607.62 Interest $856.37 05/01/2010 through 09/09/2010 Late Charges through 09/09/2010 $63.24 Property Inspections/Property Preservations $12.85 Escrow Deficit $2,Q2~ Q4 Subtotal $43,566.12 Suspense Credit q.hfl TOTAL $43,556.46 7. 8. Plaintiff is not seeking a judgment of personal liability (or an in per~~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 #: 252939 WHEREFORE, Plaintiff demands an in rim judgment against the Defendant(s) in the sum of $43,553.96, together with interest from 09/09/2010 at the rate of $6.5193 per diem to the date of judgment, and other costs, fees and charges collectible under the mortgage, including but not limited to attorneys fees and costs, and for the foreclosure and sale of the mortgaged property. HALLINAN & SCHMIEG, LLP By: ~~,,~t ^ 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 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 Attorneys for Plaintiff File #: 252939 LEGAL DESCRIPTION ALL that certain lot of ground situate in the Borough of Newburg, County of Cumberland, and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point in the center line of Mountain Street in the Borough of Newburg and corner of lot #6 now or formerly Omar Barnhart; thence along the said Barnhart land, South fifty (50) degrees fifteen (15) minutes West two hundred (200) feet to a stake and lands of Foster S. Heffelfinger et ux; then along the said Foster S. Heffelfinger et ux land, South thirty-nine (39) degrees forty-five (45) minutes East one hundred thirteen and seven-tenths (113.7) feet to a stake at corner of lot #4; thence along lot #4, North fifty (50) degrees fifteen (15) minutes East two hundred (200) feet to a point in the center line of the said Mountain Street; thence along the said center line of Mountain Street, North thirty-nine (39) degrees forty five (45) minutes West one hundred thirteen and seven-tenths (113.7) feet to a point, the place of BEGINNING. BEING Lot No. 5 in the Plan of Lots known as Foster Heffelfinger's Addition per survey of T. Elliot Middleton, R.S., maded July 15, 1955. BEING that same property that Raymond E Strayer and Charlotte H. Strayer, his wife, by their deed dated March 6, 1965 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book'21', Volume M, at Page 1126, conveyed to Alan R. Hoover and Jacquelyn B. Hoover, Grantors herein. SUBJECT TO THE FOLLOWING BUILDING RESTRICTIONS: File #: 252939 1. No building, or any part of a building, shall be erected within fifty (50) feet of the center line of Mountain Street. 2. That no building on said lot or any hereafter erected shall be erected or used for any purpose than that of a residence and the necessary outbuildings in connection therewith, including private garaged, and that the cost of said residence shall not be less than $7,000.00 at present day prices. 3. And the Grantees for themselves, their heirs and assigns, agree to and with the Grantors, their heirs and assigns, that said conditions and restrictions shall be covenants running with the land, and that in any deed of conveyance of said premises or any part thereof, to any person or persons, said conditions and restrictions shall be incorporated in such deed or deeds as fully as the same are contained in this indenture. Parcel No. 24-21-0390-004 PROPERTY ADDRESS: 10 NORTH MOUNTAIN STREET, NEWBURG, PA 17240-9232 PARCEL # 24-21-0390-004 File #: 252939 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 tl~e 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: /~ 1 V File #: 252939 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff h s[ CI P- IC 1 _ ?? Jody S Smith u ? Chief Deputy 7(" ?? Richard W Stewart Solicitor L" `a li r p `s, , °i'' r s u? ?rT` ?4 C' \11 Sovereign Bank vs. Case Number Gary E. Miller (et al.) 2010-7625 SHERIFF'S RETURN OF SERVICE 12/14/2010 08:00 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on December 14, 2010 at 2000 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Gary E. Miller, by making known unto himself personally, at 10 North Mountain Street, Newburg, Cumberland County, Pennsylvania 17240 its contents and at the same time handing to him personally the said true and correct copy of the same. STEPHEN BENDER, DEPUTY 12/14/2010 08:00 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on December 14, 2010 at 2000 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Helen L. Miller, by making known unto herself personally, at 10 North Mountain 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. STEPHEN BENDER, DEPUTY SHERIFF COST: $94.00 December 15, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff n C SOVEREIGN BANK Court of Common Pleas Plaintiff - Civil Division - vs CUMBERLAND County GARY E. MILLER HELEN L. MILLER No. 10-7625 U Defendant TO THE PROTHONOTARY: Please withdraw the complaint and mark the action discontinued and ended without prejudice. /s+7 Date: PHELAN HA? MME G, P O z-n -v rn o° --A c? s -n o -n =F3 CD --, n >1 By: La rence T elan, Esq., Id. No. 32227 Francis S llinan, Esq., Id. No. 62695 Daniel chmieg, 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. Fliak.os, 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# 252939 Attorneys for Plaintiff