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HomeMy WebLinkAbout05-0567PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 PNC BANK, N.A. 8120 NATIONS WAY BUILDING 100 JACKSONVILLE, FL 32256 V. CATHY HORNBAKER THOMAS H.HORNBAKER 60 SHARON ROAD ENOLA, PA 17025 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO.0S"-,a7 Ltvt?&'Z'j CUMBERLAND COUNTY Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File M 109372 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #i 108372 I . Plaintiff is PNC BANK, N.A. 8120 NATIONS WAY BUILDING 100 JACKSONVILLE, FL 32256 1 The name(s) and last known address(es) of the Defendant(s) are: CATHY HORNBAKER THOMAS H. HORNBAKER 60 SHARON ROAD ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 04129/1994 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PNC MORTGAGE CORPORATION OF AMERICA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1211, Page: 42. By Assignment of Mortgage recorded 515104 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 473, Page 45. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2004 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 #: 108372 6. The following amounts are due on the mortgage: Principal Balance $61,840. 77 Interest 2,707. 23 07/01/2004 through 01/29/2005 (Per Diem $12.71) Attorney's Fees 1,250 A0 Cumulative Late Charges 374. 40 04/29/1994 to 01/29/2005 Cost of Suit and Title Search $ 550. 00 Subtotal $ 66,722. 40 Escrow Credit 0.00 Deficit 857.46 Subtotal $ 857.46 TOTAL $ 67,579.86 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 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. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 67,579.86, together with interest from 01/29/2005 at the rate of $12.71 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: Is rancisS Hallman LAWRENCE T. PHELAN, ESQUIRE FRANCIS S, HALLMAN, ESQUIRE Attorneys for Plaintiff File #: 108372 ALL that cart piece or parcel of land situate in the Township of East Pennsbore, County of eriand and Scale of peansylvania, bounded and described as follow, to Witt SEGINNINO at a pain, the northern line of Sharon Road, said point also being at the dividing line bet en Lots Has. 21 and 22 on the hereinafter mentioned Plan of Lots; thence along s d dividing line Notch 05 degrees 14 minutes Nest 125 feat to a point; thence Nort 84 degrees 46 minutes Gat, 57 feet to a point; thence South 38 degrees 17 minutes st, 51.3$ feet to a point at the dividing line betwln Lots Nos. 22 pnd 23 on sai tan, thence along the saw South 05 degrees 14 minutes East. 81.96 feet to a point a the northern line of Sharon Road; thence along the earth. ern line of Sharon go South 84 degrees 46 minutes Nest. 85 feet to a peSnt$ the place of BEGINNING. BEING Lot No. 22 on n No. 3, Section "B" of Psno Heights, said plan being recorded in the Cumberland Co y Recorder's Office in Plan gook 14, page 14. HAVING THEREON EXEC a owe story brick ranch dvelling house. UNDER AHD SUBJECT, / RTRELESS, to easements, restrictions, rasarvations. conditions and righca of vay of cord. BEING the saw premi which MATRA" L. SHEAYFER and AM Y. SMEAPFER, his wife, by deed dated July 6, 1 and recorded in the Cumberland County Recorder of Daeda' Office at Dead gook I. Page 919, granted and conveyed to GERALD N. LAATSCN, SR. end MYRNA J. LAATSCN The said Myrna J. Laaesch having died Augusc 14, 1986, whereby title became sted solely in Gerald H. Laatsch, Sr.. by operation of the law, one of the Gram a herein. The said Gerald N. Laatscb, Sr., having wetted SNIRLEY N. LAATSCH. 'tine in this dead cc convey any right, title or interest she my be" in the ve described property. PREMISES BEING: 60 SHARON ROAD VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that be is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsifications to authorities. Francis S. Hallman, Esquire Attorney for Plaintiff DATE: ----?-? _IQL.. 4-1 V W O 4) U`t /l V +t n ?. T+ ? t PHELAN HALLINAN & SCHMIEG, LLP BY: Francis S. Hallman, Esquire Identification No. 62695 Attorney For Plaintiff One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 (215) 563-7000 PNC BANK, N.A. COURT OF COMMON PLEAS CIVIL DIVISION V. CATHY HORNBAKER THOMAS H.HORNBAKER CUMBERLAND COUNTY NO. 05-567 z SUGGESTION OF DEATH RE: DEFENDANT THOMAS H. HORNBAKER AND RELEASE OF DEFENDANT'S LIABILITY COMMONWEALTH OF PENNSYLVANIA: FRANCIS S. HALLINAN, ESQUIRE, attorney for the Plaintiff, hereby certifies that, to the best of his knowledge, information and belief, the Defendant, THOMAS H. HORNBAKER is deceased. Plaintiff hereby releases THOMAS H. HORNBAKER from liability for the debt secured by the mortgage. As the, property was owned by defendants, THOMAS H. HORNBAKER AND CATHY HORNBAKER as tenants by the entireties, upon the death of THOMAS H. HORNBAKER, CATHY HORNBAKER became sole owner of the mortgaged premises as surviving tenant by the entirety. PHELAN HALLINAN & SCHMIEG, LLP By: C??L Fr cis S. Hallman, Esquire p? A?orney for Plaintiff Dated: 3 ' ? (f PHELAN HALLINAN & SCHMIEG, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 Attorney For Plaintiff One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 (215) 563-7000 PNC BANK, N.A. COURT OF COMMON PLEAS CIVIL DIVISION V. CUMBERLAND COUNTY CATHY HORNBAKER THOMAS H. HORNBAKER NO. 05-567 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Suggestion of Death Re: THOMAS H. HORNBAKER was sent via first class mail to the following on the date listed below: CATHY HORNBAKER 60 SHARON ROAD ENOLA PA 17025 Dated: /? 0 rancis S. Hallinan, Esquire Attorney for Plaintiff <' _ti?` SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-00567 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PNC BANK NA VS HORNBAKER CATHY ET AL R. Thomas Kli ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT HORNBAKER THOMAS H unable to locate Him in his bailiwick COMPLAINT - MORT FORE , but was He therefore returns the NOT FOUND , as to the within named DEFENDANT , HORNBAKER THOMAS H SHARON ROAD PA 17025 DEFENDANT IS DECEASED. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 21.00 So answers-. - R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 02/09/2005 Sworn and subscribed to before me this day ofl? O2U77 S A.D. Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2005-00567 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK NA VS HORNBAKER CATHY ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE HORNBAKER CATHY was served upon the DEFENDANT , at 1739:00 HOURS, on the 8th day of February , 2005 at 60 SHARON ROAD ENOLA, PA 17025 by handing to CATHY HORNBAKER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18 .00 Service 11 .10 Affidavit .00 Surcharge 10 .00 .00 39 .10 Sworn and Subscribed to before me this lye day of Zcn) S A. D. rothonotar ' l So Answers: R. Thomas Kline 02/09/2005 PHELAN HALLINAN SCHMIEG By: De ty Sheriff -?a4 k 1 0. 4. - JI- / vs Case No.0 507 ?1 lM bo bf e- a Statement of Intention to Proceed To the Court: 1 1 all l 14"t" intends to proceed with the above captioned matter. or Print Name Sign Name i Date: D Attorney fora T T Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. I. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties.do not wish to pursue.,.khe case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. r , my ? w'1 1n, avid X13. Bueff Trothonotag XirkS. Sohonage, ESQ .Solicitor J 1 g? V Renee Y_. Simpson 1'` (Deputy prothonotary Irene E. Morrow 2nd IDeputy prothonotary office of the Prothonotary Cumberland County, Tennsy(vania 6E - 9/07 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 25TH DAY OF OCTOBER, 2011, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P 230.2 BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 9 Carfisle, pA 17013 • (717) 240-6195 0 Ta.? (717) 240-6573