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Home My WebLink About11-7731Phelan 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 1. 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. 308912 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. GARY E. MILLER HELEN L. MILLER 10 NORTH MOUNTAIN STREET NEWBURG, PA 17240-9232 Defendants D -0FF1CE 'THC'tT 12 API 10: Li 'U'ILBEr LAND COUNTY NNSYLVANIA ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 1 x.-77 31 Civil CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 272827 272827 a C,k,? III?t?q? gad- o?(?S 8? 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 #: 272827 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: GARY E. MILLER HELEN L. MILLER 10 NORTH MOUNTAIN STREET NEWBURG, PA 17240-9232 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/13/2006 GARY E. MILLER and HELEN L. MILLER 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. 1947, Page 3783. 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 02/01/2011 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 #: 272827 6. The following amounts are due on the mortgage as of 05/13/2011: Principal Balance $38,825.02 Interest $843.00 01/01/2011 through 05/13/2011 Late Charges $63.24 Property Inspections $10.35 TOTAL $39,741.61 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 or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 272827 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $39,741.61, 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 HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, sq., Id. NRtN9849 Attorney for Plaintiff File #: 272827 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Borough of Newburg, County of Cumberland, and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point in the center line of Mountain Street in the Borough of Newburg and corner of Lot #6 now or formerly Omar Barnhart; thence along the said Barnhart land, South fifty (50) degrees fifteen (15) minutes Wesr two hundred (200) feet to a stake and lands of Foster S. Heffelfinger et ux; then along the said Foster S. Heffelfinger et ux land, South thirty-nine (39) degrees forty-five (45) minutes East one hundred thirteen and seven-tenths (113.7) feet to a stake at corner of Lot #4; thence along Lot #4, North fifty (50) degrees fifteen (15) minutes East two hundred (200) feet to a point in the center line of the said Mountain Street; thence along the said center line of Mountain Street, North thirty-nine (39) degrees forty-five (45) minutes West one hundred thirteen and seven-tenths (113.7) feet to a point, the place of BEGINNING. BEING Lot No. 5 in thr Plan of Lots known as Foster Heffelfinger's Addition per survey of the T. Elliot Middleton, R.S., made July 15, 1955 SUBJECT TO THE FOLLOWING BUILDING RESTRICTIONS: 1. No Building, or any part of a building shall be erected within fifty (50) feet of the center line of Mountain Street. File #: 272827 2. That no building on said lot or any hereafter erected shall be erected or used for any pruposes than that of a residence and the necessary outbuildings in connection therewith, including private garaged, and that the cost of said residence shall not be less than $7,000.00 at present day prices. 3. And the Grantees for themselves, their heirs and assigns, agree to an with the Grantors, their heirs and assigns, that said conditions and restrictions shall be covenants running with the land, and that in any deed of conveyance of said premises or any part thereof, to any person or persons, said conditions and restrictions shall be incorporated in such deed or deeds as fully as the same are contained in this indenture. PROPERTY ADDRESS: 10 NORTH MOUNTAIN STREET, NEWBURG, PA 17240-9232 PARCEL # 24-21-0390-004 File #: 272827 VERIFICATION Tonya Samuel, hereby states that she is Assistant Vice President of, SOVEREIGN BANK, Plaintiff in this matter, that 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 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. I Name: Tonya amuel DATE: Title: Assistant Vice President SOVEREIGN BANK File #: 272827 Name: MILLER File #: 272827 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ?y rt 27 PHI 2. Richard W Stewart Solicitor O•PF :E OF -1"E g IFF t r Sovereign Bank vs. Gary E. Miller (et al.) Case Number 2011-7731 SHERIFF'S RETURN OF SERVICE 10/19/2011 06:40 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on October 19, 2011 at 1840 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Gary E. Miller, by making known unto Hunter Miller, Son of Defendant at 10 N. Mountain Street, Newburg, Cumberland County, Pennsylvania 17240 its contents and at the same time handing to him personally the said true and correct copy of the same. w TIM B , DEPUTY 10/19/2011 06:40 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on October 19, 2011 at 1840 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Helen L. Miller, by making known unto Hunter Miller, Son of Defendant at 10 N. Mountain Street, Newburg, Cumberland County, Pennsylvania 17240 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $64.44 October 21, 2011 '7e- TIM BLACK, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF ;ci GounfySutte Shenff. Telecsoft. Inc.