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Home My WebLink About10-7628Phelan 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. BRIANNE SAMENTO A/K/A BRIANNE N. SAMENTO 1927 KENT DRIVE CAMP HILL, PA 17011-5932 Defendant File #: 258119 ~I~.Ea-o~~ICE OF THE PROTHONOTARY ?010 QEC 13 Af'~ 10~ ~~ CU PB NN YLVAN A TY ATTORNEY FOR PLAINTIFF 258119 COURT OF COMMON PLEAS CIVIL DIVISION TERM No. I(~ - ~ ~a ~" CUMBERLAND COUNTY ~p a~ C~$a~. Q,~103~$~0~ ~.~. a.~~+ o~°l 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 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 #: 258119 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: BRIANNE SAMENTO A/K/A BRIANNE N. SAMENTO 1927 KENT DRIVE CAMP HILL, PA 17011-5932 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/17/2006 BRIANNE SAMENTO 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. 1959, Page 58. 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 08/01/2010 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 #: 258119 6. The following amounts are due on the mortgage: Principal Balance $116,593.19 Interest $3,069.34 07/01 /2010 through 11 /22/2010 Late Charges through 11/22/2010 $246.23 Escrow Deficit ~9(l h Subtotal $120,199.02 TOTAL $120,199.02 7 8 Plaintiff is nat seeking a judgment of personal liability (or an in ner~nnam 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. Filet!: 258119 9. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $120,199.02, together with interest from 11 /22/2010 at the rate of $21.4593 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. PHELAN HALL.._, . HMIEG, LLP By: ^ Lawrence T. Phelan, Esq., Id. No. 227 ^ 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 Q-ArHTson F. Wells, Esq., Id. No. 309519 Attorneys for Plaintiff File #: 258119 LEGAL DESCRIPTION ALL THAT CERTAIN tract or piece of land with the improvements thereon erected, situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described according to a May 22, 1965, Survey of John C. Brilhart, R.S. as follows: BEGINNING at a point in the center line of a public road known as the Salem Church Road (Township Road No. 604) which said point is at the point of intersection of said center line which the Southern right-of--way line of an easement held by the United States Government and used as a drainage ditch by the United States Naval Supply Depot, Mechanicsburg, Pennsylvania; thence along the center line of the Salem Church Road, South 02 degrees 50 minutes West 222.20 feet to a point in the line of lands now or late of Lowell Metzer, South 87 degrees 42 minutes East 149 feet to a point in the right-of--way line of the United States Government and used by the Naval Supply Depot as a drainage ditch, aforementioned; thence along the right-of- way line of said drainage ditch easement North 04 degrees 43 minutes West 13.80 feet to a stake; thence by the same, North 26 degrees 28 minutes West 186.88 feet to a stake; thence still the same, North 26 degrees 28 minutes West 186.88 feet to a stake; thence still by said right-of--way line, North 50 degrees 12 minutes 45 seconds West 69.90 feet to a point marked by a nail in the center line of Salem Church Road, (T-604) aforementioned, at the point and place of BEGINNING. HAVING THEREON ERECTED a one and one-half story brick and frame dwelling house, known as No. 124 Salem Church Road, Mechanicsburg, Pennsylvania, 17055. File #: 258119 BEING THE SAME PREMISES WHICH Wanda I. Hefenfinger, also known as Wanda I. Johnson and Leonard Scott Johnson, husband and wife, by Deed dated July 28, 2000 and recorded August 4, 2000 in the Recorder of Deeds Office in Cumberland County, Pennsylvania, in Deed Book 226, Page 775, granted and conveyed unto Richard A. Weiss, grantor herein. PROPERTY ADDRESS: 124 SALEM CHURCH ROAD, MECHANICSBURG, PA 17050- 2834 PARCEL # 10-20-1838-015 File #: 258119 • 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: `~, ~..T orney for Plaintiff File #: 258119 SHERIFF'S OFFICE OF CUMBERLAND COUNTY E-'" t ,? ID r;r P , - 17 Ronny R Anderson FIL Sheriff +i E : (t ! t C V$ ttt, ai 1?11Mt1"r/'r7? Jody S Smith ( Q DEC 2 1 PM V: 0 Chief Deputy Richard W Stewart CUMBERLAND C()"J Solicitor =F; -RIFF p f ENNSYLV,A',1',.". Sovereign Bank Case Number vs. 2010-7628 Brianne N. Samento SHERIFF'S RETURN OF SERVICE 12/15/2010 04:50 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on December 15, 2010 at 1650 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Brianne N. Samento, by making known unto Chaz Buffinton, adult in charge at 1066 Park Place, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. EPHEN BENDER, DEPUTY 12/16/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Brianne N. Samento, but was unable to locate her in hi; bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Brianne N. Samento. Request for service at 124 Salem Church Road, Mechanicsburg, Pennsylvania 17050 is vacant. Brianne N. Samento currently resides at 1066 Park Place, Mechanicsburg Pennsylvania 17055. 12/16/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Brianne N. Samento, but was unable to locate her in hiE bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Brianne N. Samento. Request for service at 1927 Kent Drive, Camp Hill, Pennsylvania 17011 is vacant. Brianne N. Samento currently resides at 1066 Park Place, Mechanicsburg, Pennsylvania 17055. SHERIFF COST: $100.00 December 16, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF d; GeurySu to SheM Teen: a`t. Ira; I OF THE pR0 QH0 OTARY {201 52 C U ill 0 }- f Y 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 Plaintiff VS. ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 10-7628 BRIANNE SAMENTO A/K/A CUMBERLAND COUNTY BRIANNE N. SAMENTO Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE PHS #: 258119 TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorne for Plain ti By: _ ? Lawrence T. PkJ4 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 aSheetal 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 Date: 1-10-11 PHS #: 258119 VERIFICATION Kimberly Minggia, hereby states that she is Foreclosure Administrator of, SOVEREIGN BANK, servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE-al 3) ID Name: Kimberly inggia Title: Foreclosure Administrator Servicer: SOVEREIGN BANK File #: 258119 Name: SAMENTO 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 Plaintiff VS. BRIANNE SAMENTO A/K/A BRIANNE N. SAMENTO Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 10-7628 : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: PHS #: 258119 BRIANNE SAMENTO A/K/A BRIANNE N. SAMENTO 1066 PARK PLACE MECHANICSBURG, PA 17055-9506 Phelan Hallinan & Schmieg, LLP Attorne r Plainti By: ? Lawrence T. Phel ,E , Id. No. 32227 ? Francis S. Hallman, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? dith 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 I'. 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 Date: 1-10-11 PHS #: 258119