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Home My WebLink About11-7919PHELAN HALLINAN & SCHMIEG, LLP Vivek Srivastava, Esq., Id. No.202331 , 1617 JFK Boulevard Suite 1400 ' is Chi i ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 ry 215-563-7000 i9 g t`r lq,"" BANK OF AMERICA, N.A. SUCCESSORt`l ' ,?.Jc ', VA I'lA MERGER TO BAC HOME LOANS SERVICING, LP COURT OF COMMON PLEAS 7105 CORPORATE DRIVE PLANO, TX 75024 CIVIL DIVISION Plaintiff TERM v. NO. 11-1c<cl 01111 WILLIAM W. BRYMESSER MARCIA L. BRYMESSER CUMBERLAND COUNTY 20 MUMMA AVENUE, A/K/A 20 MUMMA ROAD MECHANICSBURG, PA 17055-6440 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 257870 C?) %q a. W Fd al? C" awpa Y--W' 1 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 #: 257870 1. Plaintiff is BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: WILLIAM W. BRYMESSER MARCIA L. BRYMESSER 20 MUMMA AVENUE, A/K/A 20 MUMMA ROAD MECHANICSBURG, PA 17055-6440 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 01/24/2003 WILLIAM W. BRYMESSER and MARCIA L. BRYMESSER made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR COUNTRYWIDE HOME LOANS, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1793, Page 2755. By Assignment of Mortgage recorded 12/20/2010 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201037657. 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 #: 257870 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 as of 08/12/2011: Principal Balance $75,499.91 Interest $5,760.31 06/01/2010 through 08/12/2011 Late Charges $79.74 Property Inspections $131.50 Escrow Deficit $2,702.56 TOTAL $84,174.02 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 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. File #: 257870 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $84,174.02, 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. AN & SCHMIEG, LLP By: Attorn ey for %l 2ntn iffM File #: 257870 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechancisburg, County of Cumberland and Commonwealth of Pennsylvania, more particuarly bounded and described as follows, to-wit: BEGINNING at a point at the northeast corner of Frederick Street and Mumma Avenue; thence along the eastern side of Frederick Street, North 14 degrees 30 minutes West, 117 feet to a pin at lands now or formerly of John E. Hoffmaster; thence along lands now or formerly of John E. Hoffmaster, North 69 degrees 45 minutes East, 70 feet to a pin at line of lands now or formerly of James A. Kegel and wife; thence along said lands now or formerly of James A. Kegel and wife, South 14 degrees 30 minutes East, 117.30 feet to a pin on the northern side of Mumma Avenue; thence along the northern side of Mumma Avenue, SOuth 70 degrees West, 70 feet to a pin, the place of beginning. PARCEL NO. 16-24-0787-151 PROPERTY ADDRESS: 20 MUMMA AVENUE, A/K/A 20 MUMMA ROAD, MECHANICSBURG, PA 17055-6440 PARCEL # 16-24-0787-151 File #: 257870 I qU416 ?Fj J coutm After Recording Return To: Prepared By: COUNTRYWIDE HOME LOANS, INC. M. RADNOR MS SV-79 DOCUMENT PROCESSING 4 -a?g7_ /S 1800 Tapo Canyon Parcel Number: Simi Valley, CA 93063-6712 (Space Above This Line For Recording Data) 0002140837957088 (Doc ID #1 MORTGAGE MIN 1000157-0001886249-6 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 1.3, 18, 20 and 21. Certain miles regarding the usage of words used in this document are also provided in Section 16. (A-) "Security Instrument" means this document, which is dated JANUARY 24, 2003 together with all Riders to this document. (B) "Borrower" is WILLIAM W BRYMESSER, AND MARCIA L. BkYMESSER, Husband-arid.. f4ife Borrower is the mortgagor under this Security Instrument PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERSS Page 1 of 16 Initials: ")s f&U- ?ffW 6A(PA) ;0206} CHL (06102) VMP MOnrGAu6 FORMS - 18001521-7221 Form 3039 1101 COUNA I 2 3 9 9 1' 0 2 1 4 0 8 3 7 9 0 0 0 0 0 1 0 0 6 A BK I F :?2755 1- 44 nf%n-JnAnrQ O-,rvn 1 of 17 DOC ID # 0002140837957088 (C) "?VIERS" is Mortgage Electronic Registration Systems, Inc. MFRS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. HERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. (D) "Leader" is COUNTRYWIDE HOME LOANS, INC. Lender is a CORPORATION organized and existing under the laws of NEW YORK Lender's address is 4500 Park Granada, Calabasas, CA 91302-1613 (E) "Note" means the promissory note signed by Borrower and dated JANUARY 24, 2003 The Note states that Borrower owes Lender EIGHTY FIVE THOUSAND TWO HUNDRED and 00/100 Dollars (L:.S. S 85,200.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt itt full not later than FEBRUARY 01, 2033 ('I) "Property" mans the property that is descnbed below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower (check box as applicable]: FA Adjustable Rate Rioter Condominium Rider Second Home Rider L1 Balloon Rider E., Planned Unit Development Rider 1-4 Family Rider C) VA Rider ED Biweekly Payment Rider Other(s) (specify] (I) "Applicable Law" means all controlling applicable federal, stale and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of taw) as well as all applicable final, non-appealable judicial opinions. 0 "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point:-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid tinder the coverages described in Section 5) for. (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. {? Ini1MIs: tMK/ at 6A(PA) (02061 CHL (06102) Page 2 of is Form 3038 1101 OK 17 9v1 0 2I.76 ?? .,.n 1- n.,., -1. -- inns if nnnonnncv o-,,,,, ) of 17 DOC ID # 0002140837957088 (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (it') any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation. Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter, As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MFRS, the following described property located in the COUNTY of CUMBERLAND [Type of Recording Jurisdiction[ [Dame of Recording )nrisdiction[ SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. which currently has the address of 20 MUMMA ROAD MECHANICSBURG ub /also known as AVENUE[suect/city] Pennsylvania 17055- ("Property Address"): [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, NMS (as no inee for ?m 6A(PA) 40206) CHI. (06102) Pape 3 of 16 Form 3099 VDr r-l 14Aare4 n11in rni in4TV Inst # 20030068 - Pane 3 of 17 VERIFICATION w S 6";k, hereby states thatlfil/she is tks5.s y ?caQ . # of, BANK OF AMERICA, N.A., Plaintiff in this matter, that fiiVshe 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 o his er 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: % g?bt w Name:Ri>, ra?? Title: BANK OF AMERICA, N.A. File #: 257870 Name: BRYMESSER File #: 257870 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 041111ttr at wu?trr;1"4 QFF :E :: 'rE ??_f-IFF 01 1 <7 P-?: {..i L3! !D L Bank of America, NA vs. William W. Brymesser (et al.) Case Number 2011-7919 SHERIFF'S RETURN OF SERVICE 10/21/2011 04:25 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on October 21, 2011 at 1625 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: William W. Brymesser, by making known unto himself personally, at 20 Mumma Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. TIM BLACK, DEPUTY 10/21/2011 04:25 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on October 21, 2011 at 1625 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Marcia L. Brymesser, by making known unto William Brymesser, Husband of Defendant at 20 Mumma Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $54.00 October 24, 2011 TIM A&, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF 1 GoUntySulte Shenff, Teleo.=.oft, Inc. ,I Phelan Hallinan & Schmieg, LLP J 1617 JFK Boulevard, Suite 1400 j 0 T Ottorney For Plaintiff One Penn Center Plaza Philadelphia, PA 19103 2 12 1 iAY _ 4 M 10: 2 iJ 215-563-7000 21 BANK OF AMERICA, N.A. SL MERGER TO BAC HO SERVICING, LP Plaintiff vs WILLIAM W. BRYMESSER MARCIA L. BRYMESSER Defendant 1 Court of Common Pleas Civil Division CUMBERLAND County No. 11-7919-CIVIL 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 mark the in rem judgment Satisfied and the action Discontinued and Ended. Date: _ J G PHELAN UNAN & EG, LLP By: Lawrence T. Phelan, Esq., Id. No. 27 Francis S. Hallinan, Esq., Id. No. 6269 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. Cantwell, Esq., Id. No. 308912' PH S# 257870 Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, Court of Common Pleas LP Plaintiff vs WILLIAM W. BRYMESSER MARCIA L. BRYMESSER Civil Division CUMBERLAND County No. 11-7919-CIVIL 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: WILLIAM W. BRYMESSER MARCIA L. BRYMESSER 20 MUMMA AVENUE A/K/A 20 MUMMA ROAD MECHANICSBURG, PA 17055-6440 Date: C By: Lawrence T. Phelan, Esq., Id. No. 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. Spivaek, 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. Cantwell, Esq.. Id. No. 30891--1-111 Attorney for Plaintiff