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Home My WebLink About11-1540Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62.205 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RFMSI 2006S3 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 V. Plaintiff BARRY L. SHEALER 4247 CARLISLE ROAD GARDNERS, PA 17324-8930 Defendant pEt?NSYL ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM n NO. -? S Ua C. n C /Pi'vVJ CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 254013 254013 q,Nt! ?9a.?'?d a? C ?d s??las 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 #: 254013 I . Plaintiff is U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RFMSI 200653 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es) of the Defendant(s) are: BARRY L. SHEALER 4247 CARLISLE ROAD GARDNERS, PA 17324-8930 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/03/2006 BARRY L. SHEALER and MARLENE A. SHEALER made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR HOMECOMINGS FINANCIAL NETWORK, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1940, Page 0498. By Assignment of Mortgage recorded 07/01/2009 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200922568. 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 07/01/2010 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 File #: 254013 by written notice sent to Mortgagor, the entire principal balance and all interest due 6 thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $120,894.59 Interest $2,845.31 06/01/2010 through 10/08/2010 (Per Diem $21.943) Attorney's Fees $650.00 Late Charges through 10/08/2010 $326.56 Property Inspections/Property Preservations $69.25 Costs of Suit and Title Search $550.00 Escrow Deficit $2,130.33 TOTAL $127,466.04 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 #E: 254013 9. MARLENE A. SHEALER was a co-record owner of the mortgaged premises as a tenant by the entirety. By virtue of MARLENE A. SHEALER's death on or about 09/14/2008, her ownership interest was automatically vested in the surviving tenant by the entirety. 10. Plaintiff hereby releases MARLENE A. SHEALER, from liability for the debt secured by the mortgage. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $127,466.04, together with interest from 10/08/2010 at the rate of $21.943 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. By: PHELAN HALLINAN & SCHMIEG, LLP ? Lawee e Phelan, Es q., Id. No. 32227 ? Franc' S. llinan, Es X., Id. No. 62695 ? Dani G. Sc ie sq., 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 Attorneys for Plaintiff File #: 254013 LEGAL DESCRIPTION ALL that certain tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Eastern side of the Carlisle-Gettysburg Road, being Pennsylvania State Highway Route #34, at corner of lands now or formerly of Guy Whitmore; thence in an Eastwardly direction along lands of the said Whitmore a distance of 325 feet to a point in line of lands now or formerly of Morris Paxton; thence in a Southwardly direction along lands of the said Morris Paxton, a distance of 238 feet, along lands of the said Morris Paxton, a distance of 288 feet, more or less, to a point in line of lands now or formerly of Edward Starner; thence in a Westwardly direction along lands of the said Edward Starner, a distance of 325 feet to a point in the Eastern side of said public road; thence in a Northwardly direction along the Eastern side of said road, a distance of 238 feet to a point, the place of beginning. PROPERTY ADDRESS: 4247 CARLISLE ROAD, GARDNERS, PA 17324-8930 PARCEL # 08-42-328-10-16 File #: 254013 VERIFICATION ?Tre Srl+r???sPr, hereby states that he/she is Authorized uti?r of, GMAC MORTGAGE, LLC, servicing agent for Plaintiff in this matter, that he/she is authorized to make 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 unsworn falsification to authorities. 0 DATE Marne: Title: Servicer: GMAC MORTGAGE, LLC C?))' -o2 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson Sheriff o3tt qi ?uir+tiFr/i C?i i €"1,. Jody S Smith ?? ??t ? J Chief Deputy FEB Richard W Stewart ^I)M$ERLAND .. t? i Solicitor `." FLT'"? US Bank National Association Case Number vs. Barry L. Shealer 2011-1540 SHERIFF'S RETURN OF SERVICE 02/10/2011 09:05 PM - Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on February 10, 2011 at 2105 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Barry L. Shealer, by making known unto himself personally, at 4247 Carlisle Road, Gardners, Cumberland County, Pennsylvania 17324 its contents and at the same handing to him personally the said true and correct copy of the sameIlk V ALERIE WEARY, DEPUTY SHERIFF COST: $37.90 February 11, 2011 SO ANSWERS, I RON ~ R ANDERSON, SHERIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 F ILETi-OFFiLL UF THE PRO THONO TA I 2014 SEP 24 .M!Q: i CUMBERLAND COUNTY PENNS YLVANIA Attorney For Plaintiff U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RFMSI 2006S3 Plaintiff V. BARRY L. SHEALER Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 11-1540 CIVIL TERM PRAECIPE TO THE PROTHONOTARY: Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. n Please mark the above referenced case Settled, Discontinued and Ended. Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. Please mark the in rem judgment Satisfied and the action Discontinued and Ended. fl Please Vacate the Judgment entered. Date: q 123 PH # 747847 114 PHELAN HA LINAN, LLP By: Chrisovalante P. Fliakos, Esq., Id. No.94620 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff US. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RFMSI 2006S3 Plaintiff V. BARRY L. SHEALER Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 11-1540 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: BARRY L. SHEALER 4247 CARLISLE ROAD GARDNERS, PA 17324-8930 Date: PHELAN HALLINAN, LLP By: ChrisowHaite P Fliakos, Esq., Id. No.94620 Attorney for Plaintiff