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HomeMy WebLinkAbout11-3548t 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 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 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FLAGSTAR BANK, FSB 5151 CORPORATE DRIVE SUITE 200 TROY, MI 48098 Plaintiff V. JOEL A. WILLIAMS BETH A. WILLIAMS 1540 FOX HOLLOW CIRCLE MECHANICSBURG, PA 17055-6700 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 1164 FEDERAL BUILDING, 228 WALNUT STREET HARRISBURG, PA 17101 Defendants COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. \I . 35N 9 C1" .? CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 264468 i ICON L. :EJ 3ERl i? D COUNTY F?!?SYL?ANIA ATTORNEY FOR PLAINTIFF 264468 op fa 01 ( 1,k.t? 1o-1 -70649 0 0157 11o 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 #: 264468 Plaintiff is FLAGSTAR BANK, FSB 5151 CORPORATE DRIVE SUITE 200 TROY, MI 48098 2. The name(s) and last known address(es) of the Defendant(s) are: JOEL A. WILLIAMS BETH A. WILLIAMS 1540 FOX HOLLOW CIRCLE MECHANICSBURG, PA 17055-6700 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 1164 FEDERAL BUILDING, 228 WALNUT STREET HARRISBURG, PA 17101 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/31/2008 JOEL A. WILLIAMS and BETH A. WILLIAMS made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR FLAGSTAR BANK, FSB which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200819418. By Assignment of Mortgage Recorded 03/04/2011 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Instrument No. 201107227. 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 #: 264468 5 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2010 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 as of 01/31/2011: Principal Balance $341,391.90 Interest $9,398.18 Late Charges $448.20 Subtotal $351,238.28 Suspense Credit ($282.53) Escrow Credit ($1,547.39) TOTAL $349,408.36 7 Plaintiff is not seeking a judgment of personal liability (or an in person am 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 #: 264468 or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. 10. The United States of America is made a Defendant herein pursuant to 28 U.S.C. 2410, because of federal tax liens that have been filed with the Prothonotary of CUMBERLAND County in the Judgment Index Unit as follows: (a) United States vs. JOEL A. WILLIAMS, BETH A. WILLIAMS; IRS Docket No. 2010-6170; filed 09/27/2010; in the amount of $28,852.72 File #: 264468 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $349,408.36, together with interest, 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. PHELAN ? Lawrence 32227 Francis S. 7Hallinan, Esq., Id. No. 62 5 ? Daniel G. , Esq., Id. No. 62 5 ? Michele M. Bradford, Esq., lid. . 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 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? rAn-r-.-Bramblett, Esq., Id. No. 208375 F. Wells, Esq., Id. No. 309519 E. Miller, Esq., Id. No. 308951 Attorneys for Plaintiff File #: 264468 LEGAL DESCRIPTION PARCEL NO. 1: ALL THAT CERTAIN piece or parcelof land, situate in the Township of Lower Allen, County of Cumberland, Commonwealth of Pennsylvania, being Lot No. 22 of a Final Subdivision Plan of Phase 2 of High Meadow, prepared for Richard P. and Joan M. Eldredge by LeVan, Inc., a Professional Engineer, on December 15, 1978, and recorded in Cumberland County Court House in Plan Book 34, Page 74, more particularly bounded and described as follows: BEGINNING at a point on the southern line of Fox Hollow Circle at the dividing line between Lot No. 21 and No. 22; thence along the last mentioned dividing line South 01 degree 00 minutes 00 seconds East, a distance of 188.41 feet to a point at the northern line of the residual lot as shown on Plan of High Meadow, Phase 2; thence along the northern line of said residual lot South 77 degrees 00 minutes 00 seconds West, a distance of 157.51 feet to a point at the dividing line between Lot No. 22 and No. 25; thence along the dividing line between Lot No. 22 and No. 25 North 22 degrees 38 minutes 10 seconds West, a distance of 164.89 feet to a point at the dividing line between Lot No. 22, No. 23 and No. 25; thence along the dividing line between Lot No. 22 and No. 23, North 60 degrees 15 minutes 00 seconds East, a distance of 195.08 feet to a point on the eastern line of Fox Hollow Circle; thence along Fox Hollow Circle by a curve to the left having a radius of 50 feet, an arc distance of 53.45 feet to a point at the dividing line between Lot No. 21 and No. 22, said point being the place of BEGINNING. CONTAINING approximately 0.851 acres of land, more or less. UNDER AND SUBJECT to easements, restrictions or rights-of-way of record. File #: 264468 PARCEL NO. 2: ALL THAT CERTAIN piece or parcel of land situate in the Township of Lower Allen, County of Cumberland, Commonwealth of Pennsylvania, being Lot No. 22A of a Final Resubdivision Plan of High Meadow, prepared by Ernest J. Walker, and more particularly bounded and described as follows: BEGINNING at a point at the dividing line between Lot No. 21, No. 22 and No. 22-A and residual lots; said point being referenced South 01 degrees 00 minutes 00 seconds East, a distance of 188.41 feet from the southern right-of-way line of Fox Hollow Circle; thence along the dividing line between the herein described tract and residual lot, the following courses and distances: (1) South 01 degrees 00 minutes 00 seconds East, a distance of 35.78 feet; (2) South 77 degrees 00 minutes 00 seconds West, a distance of 144.13 feet; (3) North 22 degrees 38 minutes 10 seconds West, a distance of 35.5 feet to a point at the dividing line between Lot No. 22, No. 22-A, No. 25 and the residual lot; thence along the dividing line between Lot No. 22 and No. 22-A, North 77 degrees 00 minutes 00 seconds East, a distance of 157.51 feet to a point, the place of BEGINNING. CONTAINING approximately 0.12 acres of land, more or less. UNDER AND SUBJECT to easements, restrictions or rights-of-way of record, but free and released from utility easements or utility rights-of-way appearing on plans of record or created by restrictions of record. PROPERTY ADDRESS: 1540 FOX HOLLOW CIRCLE, MECHANICSBURG, PA 17055- 6700 PARCEL # 13-28-2430-067 File #: 264468 4 VERIFICATION r6rw1mro Am" hereby states that he is of Flagstar Bank, F.S.B., servicing agent for Plaintiff in this matter, Flagstar Bank, F.S.B., that he 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 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: 3 -2 g -/ Name: B t m (lore Title: pWedesareAMM"t Servicer: Flagstar Bank, F.S.B. File #: 264468 Name: WILLIAMS SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Solicitor ????ttp o1 ??ru+trrt??t? t OFF, ,--F :;f 'r- _ - R FF rr FIL E.D-OFFiCE THE PROT ?; NOT4C ', 2111 APR 20 PM 2: 00 CUMBERLAND COUNTY PENNSYLVANIA Flagstar Bank, F B vs. Joel A. Williams ?et al.) Case Number 2011-3548 SHERIFF'S RETURN OF SERVICE 04/14/2011 06:0 PM'- Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on April 14, 201 at 1 004 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the withi named defendant, to wit: Joel A. Williams, by making known unto Beth Williams, Wife of Defendant at 1540 Fox Hollow Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the ame time handing to her personally the said true and correct copy of the same. RYAN BURGETT, DEPUTY 04/14/2011 06:0 PMI- Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on April 14, 201 at 1$04 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Beth A. Williams, by making known unto herself personally, at 1540 Fox Hollow Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handling to her personally the said true and correct copy of the same. RYAN BURGETT, DEP SHERIFF COST: April 18, 2011 00 SO ANSWERS, RbNWY- _ R ANDERSON, SHERIFF ;c) GountySuite Shenfl Telecsoft. Inc. ,r AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY FLAGSTAR BANK, FSB PHS # 264468 DEFENDANT SERVICE TEAM/ hzc o cw JOEL A. WILLIAMS COURT NO.: 11-3548-CIVIL - -v BETH A. WILLIAMS F AMERICA C/O THE UNITED STATES Z? C E"t1 THE UNITED STATES O X ATTORNEY FOR THE MIDDLE DISTRICT OF PA i jy> SV SERVE THE UNITED STATES OF AMERICA C/O THE UNITED TYPE OF ACTION r-= =Q _ 'Tl STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA AT: XX Mortgage Foreclosure C") CD --n MAIN JUSTICE BUILDING XX Civil Action ZO C) 1l 950 PENNSYLVANIA AVENUE, N.W. yz r WASHINGTON, DC 20530 3> cr% SERVED Served and made known to THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA , Defendant on the y of AA AU -, 2Q , at o'cloc M., at -rvvc -- 460L7-, to the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is - Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). ?c Agent or person in charge of Defendant's office or usual place of business. 1D- CYIINX q e dnf-)e'S, C t.e,tt_(c _ an officer of said Defendant's company. _ Other: Description: Age Height 5, ?1 4 Weight o;L>1S- Race ex A Other 1, 1?U1Yj Ck? a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Foreclosure Complaint in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscr'bed P;z0• R(??'• before e this lday :? ?Q; •Urv E..y?cl4y,..c' •? of 20f1 • ?r t :O ,2vya? Z Not y: By: vPtic'P U `'? Q? V _ NOT SERVED %, * :.EfP` ??;• ?.I? e day 20_, at _ o'clock _. M., Defendant NOT FOUND becau• ;OF _ Vacant Does Not Exist _ Moved _ Does Not Reside (Not Vact4S?j?Qr/4R _No Answer on at at Service Refused Other: Sworn to and subscribed before me this day of 20_. By: Notary: ATTORNEY FOR PLAINTIFF Jay B. Jones, Esq., Id. No. 86657 Lawrence T. Phelan, Esq., Id. No. 32227 Peter J. Mulcahy, Esq., Id. No. 61791 Francis S. Hallinan, Esq., Id. No. 62695 Andrew L. Spivack, Esq., Id. No. 84439 Daniel G. Schmieg, Esq., Id. No. 62205 Chrisovalante P. Fliakos, Esq.. Id. No. 94620 Michele M. Bradford, Esq., Id. No. 69849 Joshua 1. Goldman, Esq., Id. No. 205047 Judith T. Romano, Esq., Id. No. 58745 Courtenay R. Dunn, Esq., Id. No. 206779 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Andrew C. Bramblett, Esq., Id. No. 208375 Jenine R. Davey, Esq., Id. No. 87077 Allison F. Wells, Esq., Id. No. 309519 Lauren R. Tabas, Esq., Id. No. 93337 William E. Miller, Esq., Id. No. 308951 Vivek Srivastava, Esq., Id. No. 202331 Melissa J. Scheiner, Esq., Id. No. 308912 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff FLAGSTAR BANK, FSB Plaintiff vs JOEL A. WILLIAMS BETH A. WILLIAMS THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendant Court of Common Pleas , Civil Division rrn m mm CUMBERLAND Coun fg' 3> • t? No. 11-3548-CIVIL za c..: Cr TO THE PROTHONOTARY: PRAECIPE X Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. 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 mar the in rem judgment Satisfied and the action Discontinued and Ended. Date: _ ! P EL AL AN & SCHMIEG, LLP By: L wrence . 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 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 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 3089}2 PHS# 264468 Attorneys for Plaintiff r ?z C3 3 o r' PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (2 151563-7000 FLAGSTAR BANK, FSB Plaintiff vs JOEL A. WILLIAMS BETH A. WILLIAMS ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County THE UNITED STATES OF AMERICA C,10 THE No. 11-3548-CIVIL UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendant CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff's Praecipe was served by regular mail to the person(s) on the date listed below: JOEL A. WILLIAMS BETH A. WILLIAMS 1540 FOX HOLLOW CIRCLE MECHANICSBURG, PA 17055-6700 Date: ( I By: X-'o Lawrence T. Phelan, Esq., Id. o. 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 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 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 30891 Attorney for Plaintiff