The URL can be used to link to this page

Home My WebLink About14-6104 Supreme Court of. Pennsylvania Coin C , 'Pleas ib " For Prothonotary Use Only: CU 9,1,t {� County Docket No: 14- 6104 C The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: BAYVIEW LOAN SERVICING, Lead Defendant's Name: STACY BLOSSER T_ LLC, A DELAWARE LIMITED LIABILITY COMPANY I Are money damages requested? El Yes 0 No Dollar Amount Requested: El within arbitration limits 0 (Check one) 0 outside arbitration limits N Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJ Appeal? ❑ Yes 0 No A Name of Plaintiff /Appellant's Attorney: Michael Dingerdissen, Esq., Id. No.317124, Phelan Hallinan, LLP ❑ Check here if you have no attorney (are a Self - Represented [Pro Sel Litigant) Nature of the Place an "X" to the left of the ONE case category that most accurately describes your Case PRIMARY CASE, If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS El Intentional ❑Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not include mass tort) ❑ Employment Dispute: S, ❑ Slander/Libel/ Defamation Discrimination E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T'' I MASS TORT ❑ Other: U ❑ Asbestos '' ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration B' ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Pa.R.C.P. 205.5 Updated 01/01/2011 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249 -3166 (800) 990 -9108 File #: 934293 C: THE "`(� c1TfIO TARY k`i OCT l o Ail 10: 5? CUMBERLAND COUNTY P LIE NNSYLVANIA PHELAN HALLINAN, LLP Michael Dingerdissen, Esq., Id. No.317124 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 Michael. Dingerdissen @phelanhallinan.com 215 -563 -7000 BAYVIEW LOAN SERVICING, LLC, A DELAWARE LIMITED LIABILITY COMPANY COURT OF COMMON PLEAS 4425 PONCE DE LEON BLVD., 5TH FLOOR- MAIL ROOM CIVIL DIVISION CORAL GABLES, FL 33146 TERM Plaintiff /� V. NO. 14 -bloq l;iv',Fr&m STACY BLOSSER CUMBERLAND COUNTY 730 HILLSIDE DRIVE CARLISLE, PA 17013 -3610 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE . lIS,f75 PO A 0 100-.7 File #: 934293 I . Plaintiff is BAYVIEW LOAN SERVICING, LLC, A DELAWARE LIMITED LIABILITY COMPANY 4425 PONCE DE LEON BLVD., 5TH FLOOR- MAIL ROOM CORAL GABLES, FL 33146 2. The name(s) and last known address(es) of the Defendant(s) are: STACY BLOSSER 730 HILLSIDE DRIVE CARLISLE, PA 17013 -3610 who is /are the mortgagor(s) and /or real owner(s) of the property hereinafter described. 3. On 01/09/2007 STACY BLOSSER made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR MADISON EQUITY CORPORATION, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1984, Page 4108. By Assignment of Mortgage recorded 06/10/2014 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment of Mortgage Instrument No. 201412206. Said Mortgage was modified as set forth in a modification agreement recorded April 22, 2013, in Instrument No. 201312914. Attached hereto, marked as exhibit "A" is a true and correct copy of said modification agreement, which has been redacted to remove personal identification information. 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 #: 934293 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2013 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. 6. The following amounts are due on the mortgage as of 09/25/2014: Principal Balance $145,660.84 Interest $7,857.66 11/01/2013 through 09/25/2014 Late Charges $0.00 Escrow Deficit $4,511.21 TOTAL $158,029.71 7. 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. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, 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 #: 934293 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $158,029.71, 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, LLP By: I me Michael Dingerdissen, Esq., Id. No.317124 Attorney for Plaintiff File #: 934293 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground located on the south side of Hillside drive in the borough of Carlisle, Cumberland county Pennsylvania, more particularly bounded and described as follows: beginning at a point on the south side of Hillside drive, which point is in the line dividing lot nos. 128 and 129 on the hereinafter referred to plan of lots; thence along Hillside drive south 87 degrees 56 minutes east 110 feet to a point in the line dividing lot nos. 129 and 130 on said plan; thence along said dividing line south 13 degrees 41 minutes 20 seconds west 156.82 feet to a point common to lot no. 125, 126, 129 and 130; thence along the line dividing lot nos. 126 and 129 south 76 degrees 23 minutes west 83.53 feet to a point; thence by the line dividing lot nos. 128 and 129 north 02 degrees 51 minutes east 175.78 feet to the place of beginning. TAX ID #: 04 -21- 0322 -367 PROPERTY ADDRESS: 730 HILLSIDE DRIVE, CARLISLE, PA 17013 -3610 PARCEL #04 -21- 0322 -367. File #: 934293 VERIFICATION Dara i hereby states that he/s OC si C oordirlato, of BAYVIEW LOAN SERVICING,LLC, 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 information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C ., -Sec. 4904 relating to unsworn falsi icati n to authorities. DATE: / � Name: BAYVIEW LOAN SERVICING,LLC File #: 934293 Name:BLOSSER File 4 : 934293 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson r; ,Y D-[ = F ICE Sheriff PROTHONOTARY OF THE PROTHOY 't eviluber4 ;:1P Jody S Smith Chief Deputy Richard W Stewart Solicitor OFF 2014 OCT 214 PH 3: 33 CUMBERLAND COUNTY PENNSYLVANIA Bayview Loan Servicing, LLC A Delaware Limited Liability Company vs. Stacy J. Blosser Case Number 2014-6104 SHERIFF'S RETURN OF SERVICE 10/17/2014 06:19 PM - Deputy William Cline, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Ron Neigh, Boyfriend, who accepted as "Adult Person in Charge" for Stacy J. Blosser a '30 H. ide Drive, Carlisle Borough, Carlisle, PA 17013. ILLIAM CLINE, D SHERIFF COST: $34.78 SO ANSWERS, October 21, 2014 (c) Count'Surte Sheriff, Teleosoft, Inc. Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Perm Center Plaza Philadelphia, PA 19103 215-563-7000 FILED:.FICF OF THE PIZ° TH01.10 ZVI NOV 12 kJ 10: ti 7 CLINDERL A IT PENNS YLVA NIA Attorney For Plaintiff BAYVIEW LOAN SERVICING, LLC, A DELAWARE LIMITED LIABILITY COMPANY Plaintiff STACVBLOSSER Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No, 14-6104 CIVIL TERM PRAECIPE TO THE PROTHONOTARY: Please withdraw the complaint. Please mark the above referenced case Settled, Discontinued and Ended. El Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. 111 Please mark the in rem judgment Satisfied and the action Discontinued and Ended. ID Please Vacate the Judgment entered. Date: PH # 934293 PHELAN HALLINAN, LLP By: Chrisovalante P. Fl akos, Esq., Id. No.94620 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff BAYVIEW LOAN SERVICING, LLC, A DELAWARE LIMITED LIABILITY COMPANY Plaintiff V. STACY BLOSSER Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 14-6104 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: STACY BLOSSER 730 HILLSIDE DRIVE CARLISLE, PA 17013-3610 Date: PHELAN HALL1N LP By: Chrisovalante P. Fliakos, Esq., Id. No.94620 Attorney for Plaintiff