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Home My WebLink About11-3445Phelan 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 i' 1LED tJ( I !v4 4; rR 210 11 APR -S AM 10: 1 14'UMBERLAND COUNTY ]PENNSYLVANIA ATTORNEY FOR PLAINTIFF 259580 THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2004RS10 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff V. THOMAS C. FOREMAN 14 EASTGATE DRIVE CAMP HILL, PA 17011-1309 Defendant COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. kI 3q? CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 259580 9a oo td u a ? ia?? ? 55 as7y1?b i 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 #: 259580 Plaintiff is THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2004RS 10 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: THOMAS C. FOREMAN 14 EASTGATE DRIVE CAMP HILL, PA 17011-1309 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/02/2004 THOMAS C. FOREMAN made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR EQUIFIRST CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1877, Page 224. By Assignment of Mortgage recorded 09/02/2008 the mortgage was assigned to THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2004RS 10 which Assignment is recorded in Assignment of Mortgage Instrument No. 200829631. 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. File #: 259580 5. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2010 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. The following amounts are due on the mortgage: Principal Balance $185,725.93 Interest $4,654.17 08/01/2010 to 12/10/2010 Late Charges to 12/10/2010 $998.40 Property Inspections/Property Preservation $258.75 Subtotal $191,637.25 Suspense Credit ($133.12) Escrow Credit $324.98 TOTAL $191,179.15 7 8 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 File #: 259580 or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $191,179.15, together with interest from 12/10/2010 at the rate of $35.6187 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage, including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. HALLINAN & SCHMIEG, LLP H Lawrence T. Phelan, Esq.,-M.-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 ? S4eetal R. Shah-Jani, Esq., Id. No. 81760 nine 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 #: 259580 LEGAL DESCRIPTION ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the western line of East Gate Drive at the dividing line between Lots Nos. 72 and 73, Plan of Section 2, Point Ridge Farms, hereinafter mentioned; thence along the northern line of Lot No. 72 on said plan South 83 degrees 32 minutes 30 seconds West one hundred sixty-eight and twenty-four hundredths (168.24) feet to a point; thence along the eastern line of Lots Nos. 50 and 51, Plan of Section 1-A, Point Ridge Farms, North 3 degrees 24 minutes West one hundred and fifteen one- hundredths (100.15) feet to a point; thence along the southern line of Lot No. 74, hereinafter mentioned plan of Lots, North 80 degrees 8 minutes 10 seconds East one hundred sixty-five and sixty-two one- hundredths (165.62) feet to East Gate Drive; thence along the western line of East Gate Drive in a southerly direction on a curve to the right having a radius of five hundred forty (540) feet, an arc distance of sixty and ninety-two one-hundredths (60.92) feet to a point; thence continuing along East Gate Drive, South 3 degrees 24 minutes East forty-nine and two one-hundredths (49.02) feet to the place of BEGINNING. BEING Lot No. 73, Plan of Section 2, Point Ridge Farms, Hampden Township, Cumberland County, Pennsylvania, said Plan being recorded in the Cumberland County Recorder of Deeds Office in Plan Book 9, Page 9. HAVING THEREON ERECTED a stone and aluminum siding split level dwelling and attached two car garage known as and numbered 14 Eastgate Drive. PROPERTY ADDRESS: 14 EASTGATE DRIVE, CAMP HILL, PA 17011-1309 PARCEL # 10-19-1598-086 File #: 259580 VERIFICATION Albert Augustine, hereby states that he/she isAuthorized Officer employee of GMAC Mortgage, LLC, successor-in-interest to Homecomings Financial, 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. DATE:'q m(h '?.q, 2C)/I Name' Alb t Augustine Title: Authorized Officer Servicer: GMAC Mortgage, LLC, successor-in-interest to Homecomings Financial, LLC File #: 259580 Name: FOREMAN