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Home My WebLink About05-2300PHELAN HALLINAN & SCHMIF.G, LLP LAWRENCE 1'. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 X215) 563-7000 CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 Plaintiff V. DAVID A. HEINBAUGH AWA DAVID A. HEINBAUGH, SR. CECELIA R.. HEINBAUGH 135 MEDIA ROAD CARLISLE, PA 17013 Defendants ATTORNEY FOR COURT OF COMMON PL CIVIL. DIVISION TERM NO. CAS- 02346 CUMBERLAND COUNTY 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 ar 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 th 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 SERVICE 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 FileP 115657 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. Fi Ic 4 : 115657 Plaintiff is CHASE HOME FINANCE LLC, S/B/M,r0 CHASE MANHATTAN MORTGAGE CORPORATION 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 2. The name(s) and last known address(es) of the Defendant(s) are: DAVID A. HEINBAUGH A/K/A DAVID A. HEINBAUGH, SR. CECELIA R. HEINBAUGH 135 MEDIA ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 02/20/2004 mortgagor(s) made, executed and delivered a mortgage upon the prer hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1854, Page: 4875. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon mortgage due 01/01/2005 and each month thereafter are due and unpaid, and by the of said mortgage, upon failure of mortgagor to make such payments after a date spec by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. rile # 115657 6. The following amounts are due on the mortgage: Principal Balance $129,961.80 Interest 3,752.98 12/01/2004 through 0 5 /0 312 00 5 (Per Diem $24.37) Attorney's Fees 1,250.00 Cumulative Late Charges 212.40 02/20/2004 to 05/03/2005 Cost of Suit and Title Search $ 550.00 Subtotal $ 135,727.18 Escrow Credit 0,00 Deficit 578.76 Subtotal $ 578.76 TOTAL $ 136,305.94 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 Sherif Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. 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 h 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. 10. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 136,305.94, together with interest from 05/03/2005 at the rate of $24.37 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 HA NAN & SCHMIEG, LLP By: /s/Francis S. Hallman LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #, 115657 ALL that certain oast of ground with the impmvemonw thereon eroctcd, sits Ward ofthe Borough of Carlisle, Cumberland County, Pamayivassia, bounded and follows; B1GZMWVG at the Soudwastern Owner of 4%*in Street and Media Road; I Soudwn side of Gobin Street„ Naath 69 de pvm 13 minutes End, 101.13 fed to a: by other land of ReisimW Brothers, Inc., South 20 degree 47 minutes East, 113 point; dunce by lead of William L Hcacoek and wi k South 81 degrees 47 minutes fat to a point, thence by the Eastern side ofMedia Road, by a curve to the left, havh the center line of Modia Road of 163.82 feet, 37.75 fur to a point; thence by I1te w deVeas 47 minutes West, 52.25 fret to the place of MGXPWWG. DMNO improved with a dwelling louse imown as 135 Media Pennsylvanis. in the 51° cribed as ce by the it; thence feet to a 9,115.30 radius in North 20 Caritale, BBJNG the same premises which Robert J. Ludwig and Joan M Ludwig. ?is wife, Wanted and ooanvoyod Unto Charles E. Bistline and Betty E. Bisdins, his wife, Grant* b*piu, by deed dated April 3, 1964, and recorded in the Office of the RmnOer of Deeds of the County in Deed Book D. Yolumc 21, Page M. ALSO AtMV rho same premisea which Cbwks E. Bisdine and Betty E. B his wife, by Agreement of Sale. granted and convoyed to David A. Heiabaugh Sr, and Ca-Mis R. Heiab cob, his wife, dated Jawwry 27, 2003 sad recorded on January 27, 2003 in the O ca of the Recorder of Deeds in and for Cumberland County in Miscollar"M Hook 693, Page 41 . PROPERTY BIENG: 135 MEDIA ROAD VERIFICATION SUMMER WINEGARDNER hereby states that he/she is ASSISTANT SECRETARY of HOME FINANCE LLC SUCCESSOR BY MERGER WITH CHASE MANHATTAN MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that heVshe is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.?. Sec. 4904 relating to unsworn falsification to authorities. SUMMER WINEGARDNER ASSISTANT SECRETARY DATE: 7 Lrl tr ' l if " -r1 ?. C'ti V y ? i z Y si ^^} f _3 ( J? SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-02300 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHASE HOME FINANCE LLC ET AL VS HEINBAUGH DAVID A ET AL R. Thomas Kline duly sworn according to law, inquiry for the within named HEINBAUGH DAVID A AKA DAVID unable to locate Him in his COMPLAINT - MORT FORE , -,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and DEFENDANT % HEINBAUGH SR but was bailiwick. He therefore returns the , NOT FOUND , as to the within named DEFENDANT HEINBAUGH DAVID A AKA DAVID A HEINBAUGH SR 135 MEDIA ROAD CARLISLE. PA 17013 NEW OWNER IS MOVING INTO THE HOUSE. DEFENDANT'S FORWARDING IS 124 W VICTORIA CT E GREENVILLE, NC 27858. Sheriff's Costs: So answerer . Docketing 18.00 Service 4.00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 37.00 PHELAN HALLINAN SCHMIEG 05/12/2005 Sworn and subscribed to before me this j3 G. day of'17-< ?? A. D. Pr th notary SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-02300 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND E HOME FINANCE LLC ET AL VS HEINBAUGH DAVID A ET AL R. Thomas Kline ,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 HEINBAUGH CECELIA R but was unable to locate Her in his bailiwick COMPLAINT - MORT FORE , He therefore returns the NOT FOUND , as to the within named DEFENDANT HEINBAUGH CECELIA R 135 MEDIA ROAD CARLISLE. PA 17013 NEW OWNER IS MOVING INTO HOUSE. DEFENDANT'S FORWARDING IS 124 W VICTORIA CT E GREENVILLE NC 27858. Sheriff's Costs: So answers: Docketing 6.00 Service .00 ?l ,? _.._. Not Found 5.00 ?R. T omas Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.00 PHELAN HALLINAN SCHMIEG 05/12/2005 Sworn and subscribed to before me this /qx day of A.D. Pro h notary SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-02300 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHASE HOME FINANCE LLC ET AL VS HEINBAUGH DAVID A R. Thomas Kline 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 HEINBAUGH DAVID A AKA DAVID A HEINBAUGH SR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT HEINBAUGH DAVID A AKA DAVID A HEINBAUGH SR , 2127 NEWVILLE ROAD CARLISLE, PA 17013 NEW OWNER IS LYNN JONES. DEFENDANT'S FORWARDING IS 124 W VICTORIA CT E GREENVILLE, NC 27858. Sheriff's Costs: So answers: ,- Docketing 6.00 Service .00 ,, l r Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.00 PHELAN HALLINAN SCHMIEG 05/12/2005 Sworn and subscribed to before me this !3S day of ut 5' A. D. ProtAotiotary SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-02300 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHASE HOME FINANCE LLC ET AL VS HEINBAUGH DAVID A ET AL R. Thomas Kline 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 HEINBAUGH CECELIA R but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT HEINBAUGH CECELIA R 2127 NEWVILLE ROAD CARLISLE, PA 17013 LYNN JONES IS NEW OWNER. DEFENDANT'S FORWARDING IS 124 W VICTORIA CT E GREENVILLE, NC 27858. 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 05/12/2005 Sworn and subscribed to before me this x day of LY7j A. D. P o honotary ry PHELAN HALLINAN & SCHMIEG, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Sehmieg, Esq., Id No. One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF CHASE HOME FINANCE, LLC SJBJM TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff vs DAVID A. HEINBAUGH CECILIA R. HEINBAUGH Defendant : I Court of Common Pleas : I Civil Division CUMBERLANDCounty : I No. 05-2300 PHS# 115657 PRAECIPE TO THE PROTHONOTARY: Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. X Please withdraw the complaint and mark the action discontinued and ended without prejudice. r ? Date: October 29, 2008 Francis allinan Attorney for Plaintiff ?1`I P!a _ C:?3 C7.) --- 4 CT .._' Cr; i PHELAN HALLINAN & SCHMIEG, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff vs DAVID A. HEINBAUGH A/KA DAVID A. HEINBAUGH, SR. CECELIA R. HEINBAUGH Defendant Court of Common Pleas Civil Division CUMBERLAND County : I No. 05-2300 CIVIL TERM PHS# 115657 TO THE PROTHONOTARY: PRAECIPE Please mark the above referenced case Discontinued and Ended without prejudice. X Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Date: November 4, 2008 Francis S. Hallinan Attorney for Plaintiff J ° ?i - ? ryl F _' -r m Curtis R. Long prothonotary efflce of tb, protbionotarp (Cumberiaub Couutp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor Ds-- 23d-- CIVIL TERM ORDER OF TERMINATION OF COURT CASES TH DAY OF OCTOBER 2008 AFTER MIASE THE AND NOW THIS 29 ABOVE INTENTION TO PROCEED AND KITH P I - IN ACCORDANCE WITH PA CASE IS HEREBY TERMINATED R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY r,,.,.rt'nmv;e SQuare • Carlisle, Pennsylvania 17013 . (717) 240-6195 • Fax (717) 240-6573