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Home My WebLink About11-0009OF rN~ p~~,OFF/C ?a~~ ~,~~ ` ryOHO AR y eU~ec R~ 3 ~'~ ~l' 34 p~N~'S Y~ ~ ~ UST Y Iq McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (21~ 790-1010 Chase Home Finance LLC 10790 Rancho Bernardo Road San Diego, California 92127 v. Anne M. Harding 6 E Portland St Mechanicsburg, Pennsylvania 17055 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number ~~ ( - ~ C(1r1~! ~e-r1/V~ CIVIL ACTION/MORTGAGE FORECLOSURE - ~ ~D ~~ a~„ $ off, od 1~ 9 (~ [ey ~.~~~ 308 f 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 obj ections 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 Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800)990-9108 AVISO Le han demandado a usted en la cone. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dial de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la come en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la Corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la Corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LISTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI LISTED NO PUEDE PROPORCIONAR PARR EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIES QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800)990-9108 CIVIL ACTION/MORTGAGE FORECLOSURE - 1. Plaintiff is Chase Home Finance LLC, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Anne M. Harding, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 6 E Portland St, Mechanicsburg, Pennsylvania 17055. 3. On June 22, 2006, Anne M. Harding made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems Inc., as Nominee for Members 1st Federal Credit Union which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1956, Page 4532. 4. The aforesaid mortgage was thereafter assigned by Mortgage Electronic Registration Systems Inc., as Nominee for Members 1st Federal Credit Union to Chase Home Finance LLC, by Assignment of Mortgage, which will be duly recorded in the Office of the Recorder of Cumberland County. 5. The premises subject to said mortgage is described in the legal description attached as Exhibit "A" and is known as 6 E Portland Street, Mechanicsburg, Pennsylvania 17055. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due March 1, 2010 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage: Principal Balance $ 94,753.18 Interest through December 14, 2010 $ 5,471.98 (Plus $17.20 per diem thereafter) Attorney's Fee $ 1,300.00 Late Charges $ 412.10 Corporate Advance $ 344.50 Escrow Advance $ 1,134.97 GRAND TOTAL $ 103,416.73 8. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiffdemands in rem Judgment against the Defendant in the sum of $103,416.73, together with interest at the rate of $17.20 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG AND CO^NW~AY,P.C. i~%i~ BY. Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIIZE MARGARET GAIRO, ESQUIRE VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of jurisdiction and not available to sign this verification at this time, and are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWAY,P.C. i?%y~' ~_ BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIlZE MARC S. WEISBERG, ESQUIlZE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Chase Home Finance LLC v. Anne M. Harding Y . ~ ~ t •, ~ Exhibit A -Legal Description Policy No.: LP 1216558 All THAT CERTAIN lot of ground, situate on the South side of East Portland Street, in the Third Ward of the Borough of Med~anicsburg, County of Cumberland and State of Pennsylvania, bounded aril described as follows, to wit: BEGINNING at a point marked by a stake at corner of land now or formerly of Park B. Updegraff and Catherine E. Updegraff, his wife; therxe in an Eastwardiy direction along East Portland Street, fifty (50) feet to a point marked by a stake at a twelve (12) foot alley; thence along said alley in a Southwardly direction, one hundred twenty-one (121) feet, six (6) inches to a post at corner of lot now or formerly of Clarence Fair; thence a~ng said lot in a Westwardly dlredlon, fifty (50) feet to a stake at comer of land now or formerly of Park B. Updegraff and Catherine E. Updegraff, his wife, aforesakl; thence along said tot in a Northwardly direction, one hundred twenty four (124) feet, two (2) inches to a stake, at the point and place of BEGINMNG. BANG PARCEL NO. 18-22-0519-060 ~ f '~ 1~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff - T H P F ? it Jody S Smith Chief Deputy '.I I I JAN, 19 A 8 5 -tl Richard W Stewart - I P JIMBER .ANO f Solicitor Chase Home Finance LLC Case Number vs. Anne M. Harding 2011-9 SHERIFF'S RETURN OF SERVICE 01/12/2011 01:10 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on JanuaN 12, 2011 at 1310 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Anne M. Harding, by making known unto herself personally, at 6 E. Portland 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 sam / '01 A T ALL, DEPUTY SHERIFF COST: $37.00 January 14, 2011 SO ANSWERS, RON W R ANDERSON, SHERIFF CHASE HOME FINANCE, LLC, Plaintiff V. ANNE M. HARDING, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 11-0009- CIVIL TERM Civil Action - Law NOTICE TO PLEAD Cn a Q -n ? = -n To: Chase Home Finance, LLC a? ?r c/o Terrence J. McCabe, Esquire C) McCabe, Weisberg and Conway, P.C. 520 Fellowship Road C306 s ?-, Mount Laurel, NJ 08054 , : fir" You are hereby notified to plead to the enclosed Preliminary Objections within twenty (20) days from the date of service hereof or a default judgment may be entered against you. Date: ?$- Respectfully Su Michael J y tp , Lsq?+4r I.D. # 588 1 2132 Market Street Camp Hill, Pennsylvania 17011 Attorney for Defendant, Anne M. Harding Michael J. Pykosh, Esquire ID # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 movkosh(&dplolaw,com Attorney for Defendant CHASE HOME FINANCE, LLC, : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No: 11-0009- CIVIL TERM ANNE M. HARDING, Civil Action - Law Defendant DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Anne M. Harding, by and through her attorneys Dethlefs-Pykosh Law Group, LLC, by Michael J. Pykosh, Esquire, who files her Preliminary Objections to the Plaintiffs Complaint, and avers as follows: Plaintiff filed suit against Defendant in Mortgage foreclosure. The mortgage foreclosure action arises out of a note and mortgage in favor of Members 1St Federal Credit Union who Plaintiff Identifies to be the Original Mortgagee. Comp. ¶ 3. 2. The Complaint was filed on January 3, 2011. First Preliminary Objection- Pa. R.C.P. 1028(a)(2)- Failure to conform to rule of court (failure to state whether agreements is oral or written, state its terms, and/or attach written contract upon which the claim is based) 3. The Complaint avers the existence of contract between the parties, in the form of a Mortgage. 4. Pursuant to Pa. R.C.P. 1019(h), where a claim asserted is based upon an agreement, the pleading must state whether the agreement is oral or written. 5. The Complaint does not indicate whether the agreement is oral or written. 6. Pursuant to Pa. R.C.P. 1019(1), if the agreement is written, it must be attached to the pleading or, if not, the pleader must explain its absence and set forth the substance of the agreement. More specifically, Plaintiff has failed to attach the Mortgage Note signed and dated. Said Mortgage note is referred to in the Mortgage, see Atlantic Credit & Finance, Inc. v Guiliana, 829 A.2d 340 (Pa. Super. 2003). Remit Corporation v Miller, 5 Pa. D&C 5th 43, 45 (Centre Cty., 2008) 7. The Plaintiff has failed to describe the terms of the note, nor has it attached a copy of a written note or explained its absence. Second Preliminary Objection- Pa. R.C.P. 1028(a)(2)- Failure to conform to rule of court (Improper Verification) 8. Pa. R.C.P. 1024 required that every Complaint be verified by a Party, unless the party is without sufficient knowledge or information with which to verify, or, alternatively, that the party is outside the jurisdiction of the court and its verification cannot be obtained within the time allowed for pleading. Pa. R.C.P. 1024(c)(1) and (2). 9. The Complaint is verified by counsel of record for the Plaintiff, and not an employee or other agent of the Plaintiff. 10. The Verification does state that the party was unable to sign it "at this time". The Verification does not indicate that the party was unable to sign it "within the time allowed for the Pleading", as required by Pa. R.C.P. 1024(c). Third Preliminary Objection- Pa. R.C.P. No. 1028(a)(4)- Demurrer 11. The Plaintiff has failed to allege facts sufficient to maintain a cause of action for Breach of Contract. Fourth Preliminary Objection- Pa. R.C.P. No. 1028(a)(2)- Failure to conform to rule of court (failure to attach written assignments of debt) 12. The Plaintiff is not the original creditor, but rather Plaintiff claims to be the assignee of the original creditor. Comp. ¶3 and 4. Since the Plaintiff's right to maintain an action as an assignee is predicted upon written assignment or agency agreement, that writing must be attached to the Complaint, pursuant to Pa. R.C.P. 1019(i). Plaintiff alleges that said Assignment "will be duly recorded in the office of the recorder of Cumberland County." 13. By failing to attach a copy of the assignment of the mortgage to the Plaintiff, the Complaint does not comply with an express rule of court, in violation of Pa. R.C.P. 1028(a)(2). See Remit Corporation v. Miller 5 Pa. D&C 5th 43 and Captial One Bank v. Clevenstine, 7 Pa. D&C 5th 153. Fifth Preliminary Objection- Pa. R.C.P. No. 1028(a)(5) Plaintiff is stranger to Defendant 14. Pa. R.C.P. 2002(a) required that an action be brought by the real party in interest. 15. By failing to attach a copy of the necessary writing by which the Plaintiff would be come the assignee of the account and thus the real party in interest or an agency agreement, the Plaintiff has failed to conform with requirements of the aforesaid rule. 16. Plaintiff has not shown standing or capacity to sue Defendant. 17. Since this matter was not brought by the real party in interest it must be dismissed. WHEREFORE, the Defendant respectfully requests that her Preliminary Objections be sustained, and that Plaintiffs Complaint be dismissed with prejudice. Respectfully ?;ubm Date: •1 -Z $- 11 Michael J. P cos E I. D. # 58851 2132 Market Street Camp Hill, Pennsylvania 17011 (717)975-9446 CHASE HOME FINANCE, LLC, Plaintiff V. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 11-0009- CIVIL TERM ANNE M. HARDING, Civil Action - Law Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Defendant, Anne M. Harding's, Preliminary Objections to Plaintiff's Complaint, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Chase Home Finance, LLC c/o Terrence J. McCabe, Esquire McCabe, Weisberg and Conway, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Respectfully Submitted Date: 1- 2-!1 _ \ \ Michael J. Pyrh, EsgL&e----- I.D. # 58851 2132 Market Street Camp Hill, Pennsylvania 17011 Attorney for Defendant VERIFICATION I, Anne M. Harding, hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my personal knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date: /d$ // -6-?'- 'rf Anne M. Hard' McCABE, WEISBERG & CONW Y, P.C. BY: Andrew L. Markowitz, Esquire Identification Number 28009 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 CHASE HOME FINANCE LLC Attorneys for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY V. ANNE M. HARDING NO. 2011-0009 Civil Term tirI ? t 77 , IT AND NOW this; ? day of 2011, it is hereby STIPULATED and AGREED, by and between Andrew L. Markowitz, Esquire of McCABE, WEISBERG & CONWAY, P.C., attorneys for Plaintiff, CHASE HOME FINANCE LLC, and Michael J. Pykosh, Esquire, attorney for Defendant, A E M. HARDING, in regard to the Preliminary Objections filed by Defendant in this matter on or a out January 31, 2011, as follows: 1. Defendant hereby agrees and consents to the filing by plaintiff of an Amended Complaint within sixty ( 0) days from the date of this Stipulation. 2. Upon the filing of such Amended Complaint, Defendant hereby agrees that her Preliminary Objections file on or about January 31, 2011 shall be considered to be moot and shall be withdrawn without prejudice on that basis. 3. Prior to the # ling of such Amended Complaint by plaintiff, Defendant further agrees not to pursue her Preliminary Objections with the Court based on the agreement of the parties as set forth above. 4. Except as specifically provided for herein, it is understood and agreed that each party retains all rights and deft nses as they may presently have prior to the filing of this Stipulation. McCABE, WEISBERG & CONWAY, P.C. DETHLEFS-PYKOSH LAW GROUP, LLC ANDREW L. MARKOWFZ, ESQUIRE MICHAEL JgYK45SH, ESQUIRE, Attorneys for Plaintiff ( Attorneys fo Defendant 1 , F-11-ED-OFFICE, McCABE, WEISBERG & CONW:VTP.FC?RD T HONOA BY: Andrew L. Markowitz, Esquir%I JUL I 1 pN 2: Attorney ID #28009 123 South Broad Street, Suite 2080 CUMBERLAND COUNTY Philadelphia, Pennsylvania 19109 PENNSYLVANIA (215) 790-1010 CHASE HOME FINANCE LLC Attorneys for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. ANNE M. HARDING NO. 2011-0009 Civil Term PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above captioned matter as Discontinued and Ended, without prejudice, upon payment of your costs only. ANDREW L. MARKOWITZ, SQUIRE Attorney for Plaintiff McCABE, WEISBERG & CONWAY, P.C. BY: Andrew L. Markowitz, Esquire Attorney ID #28009 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 CHASE HOME FINANCE LLC Attorneys for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY V. ANNE M. HARDING NO. 2011-0009 Civil Term CERTIFICATE OF SERVICE 1, Andrew L. Markowitz, Esquire, Attorney for Plaintiff, hereby certifies that a true and correct copy of the within Praecipe to Discontinue and End was served on the below parties on the 8th day of July by the United States mail, first class: Michael J. Pykosh, Esquire 2132 Market Street Camp Hill, PA 17011 DATE: July 8.2011 ANDREW L. MARKOWITZ, QUIRE Attorney for Plaintiff David D. Buell" Prothonotary Office of the Prothonotary Cum6er[and County, Pennsylvania 7�yrkS. Sofionage, ESQ Solicitor D1 9 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE —THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite100 • ,CartisCe, TA • Phone 717 240-6195 • Ea..717 240-6573