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Home My WebLink About14-7266 Supreme Court-of Pennsylvania ' COurt,Of Comm" n Pleas For Prothonotary Use Only: Civil,Cover Sheet CUMBERT:XT4D' ' { County Docket No: The information collected on this form is used solely for court administration purposes. This form does not supplement or replace thefiling and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: Z Complaint ❑ Writ of Summons ❑Petition S ❑Transfer from Another Jurisdiction ❑ Declaration of Taking E Lead Plaintiff's Name: U.S. BANK NATIONAL Lead Defendant's Name: BARRY L. SHEALER C ASSOCIATION,AS TRUSTEE FOR RESIDENTIAL FUNDING MORTGAGE SECURITIES 1,INC., T MORTGAGE PASS-THROUGH CERTIFICATES, I SERIES 2006-S3 Are money damages requested? El Yes Z Na Dollar Amount Requested: ❑ within arbitration limits N (Check one) 0 outside arbitration limits Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJ Appeal? ❑ Yes FE No A Name of Plaintiff/Appellant's Attorney: Kenya Bates,Esq., Id.No.203664 Phelan Hallinan,LLP ❑ Check here if you have no attorney(are a Self-Represented (Pro Sel Litigant) Nature of the Case: Place an "X"to the left of the ONE case category that most accurately describes your 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 ❑ 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 S include mass tort) ❑ Employment Dispute: E ❑ Slander/Libel/Defamation Discrimination ❑Other: ❑ Employment Dispute: Other ❑Zoning Board C ❑Other: T I MASS TORT ❑Other: O ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort-DES ❑Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law/Statutory Arbitration Bi ❑Other: ❑Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑Non-Domestic Relations ®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.A 205.5 Updated 0110112011 Sr 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#: 928593 7 j , z/a� PHELAN HALLINAN, LLP Kenya Bates, Esq.,Id.No.203664 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia,PA 19103 kenya.bates@phelanhallinan.com 215-563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL FUNDING COURT OF COMMON PLEAS MORTGAGE SECURITIES I, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-S3 CIVIL DIVISION C/O OCWEN LOAN SERVICING, LLC 1661 WORTHINGTON ROAD, SUITE 100 TERM WEST PALM BEACH, FL 33409 ^ / - Plaintiff V. CUMBERLAND COUNTY BARRY L. SHEALER 4247 CARLISLE ROAD GARDNERS, PA 17324-8930 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File#: 928593 ' ! fa /tom/ I A n I. Plaintiff is U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL FUNDING MORTGAGE SECURITIES I, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-53 C/O OCWEN LOAN SERVICING, LLC 1661 WORTHINGTON ROAD, SUITE 100 WEST PALM BEACH, FL 33409 2. The name(s) and last known address(es) of the Defendant(s) are: BARRY L. SHEALER 4247 CARLISLE ROAD GARDNERS, PA 17324-8930 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/03/2006 BARRY L. SHEALER and MARLENE A. SHEALER made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR HOMECOMINGS FINANCIAL NETWORK, INC., which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1940, Page 0498. By Assignment of Mortgage recorded 10/20/2014 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment of Mortgage Instrument No. 201423826. 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#: 928593 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/0 1/2012 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 09/23/2014: Principal Balance $140,532.74 Interest $19,447.64 10/01/2012 to 09/23/2014 Late Charges $0.00 Property Inspections $117.00 Appraisal/Brokers Price Opinion $584.00 Escrow Deficit $6,546.84 Subtotal $167,228.22 Suspense Credit $325.98 TOTAL $166,902.24 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 File#: 928593 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. Notice of the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, is not required as the mortgagor is more than 24 months in arrears on the mortgage. 10. The mortgage premises are vacant and abandoned. 11. MARLENE A. SHEALER was a co-record owner of the mortgaged premises as a tenant by the entirety. By virtue of MARLENE A. SHEALER's death on or about 09/14/2008, her ownership interest was automatically vested in BARRY L. SHEALER, the surviving tenant by the entirety. 12. Plaintiff hereby releases MARLENE A. SHEALER, from liability for the debt secured by the mortgage. File#: 928593 WHEREFORE,Plaintiff demands an in rem judgment against the Defendant(s)in the sum of$166,902.24,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: Z-� Kenya Ba s,Esq.,Id.No.203664 Attorney for Plaintiff VERIFICATION lAyrone 'rhorogood hereby state that I am C`i0WK%a9eAlet$000lditlft of OCWEN LOAN SERVICING, LLC, mortgage servicing agent for Plaintiff in this matter. The Plaintiff has delegated the mortgage servicing responsibility to OCWEN LOAN SERVICING,LLC for the mortgage loan which is the subject of this action. Plaintiff lacks sufficient information to make this verification because Plaintiff is not the entity which maintains the business records for the mortgage. OCWEN LOAN SERVICING, LLC is in possession and control of all documents and records supporting the statements in the foregoing complaint and therefore the servicer,rather than the Plaintiff, is the appropriate entity to make this verification. I have reviewed the business records relating to this account,and am authorized to make this verification. I hereby verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: t� Name,l Ile Thorogodd Title: M&0gWWC00tltl(12tOt OCWEN LOAN SERVICING,LLC as servicer for U.S.BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR RESIDENTIAL FUNDING MORTGAGE SECURITIES I,INC.,MORTGAGE PASS-THROUGH CERTIFICATES,SERIES 2006- S3 File#: 928593 Name: SHEALER File#: 928593 LEGAL DESCRIPTION ALL that certain tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Eastern side of the Carlisle-Gettysburg Road, being Pennsylvania State Highway Route #34, at corner of lands now or formerly of Guy Whitmore; thence in an Eastwardly direction along lands of the said Whitmore a distance of 325 feet to a point in line of lands now or formerly of Morris Paxton; thence in a Southwardly direction along lands of the said Morris Paxton, a distance of 238 feet, along lands of the said Morris Paxton, a distance of 288 feet, more or less, to a point in line of lands now or formerly of Edward Starner; thence in a Westwardly direction along lands of the said Edward Starner, a distance of 325 feet to a point in the Eastern side of said public road; thence in a Northwardly direction along the Eastern side of said road, a distance of 238 feet to a point, the place of beginning. PROPERTY ADDRESS: 4247 CARLISLE ROAD, GARDNERS, PA 17324-8930 PARCEL #08-42-3281-016 File#: 928593