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Home My WebLink About05-2616PHELAN HALLINAN & SCHMIEG, LIT LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. IIALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 5201 GRI FV' 130W) DPIV'I. St I I1 350 MCLEAN, VA 221112 Plaintiff JAY R. GENSIMORE ALL 1_ GENSIMORF. ,0,- \\ Al NI I Bol I OM RUAD CARLISLE, PA 17013 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. OS -oZ?l? ?IU?? ?z CUMBERLAND COUNI\ CIVIL. ACTION - LAyk' COMPLAINT 1N 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 1- le k 114562 IF THIS IS THE FIRST NOTICF. 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 DEI-ENDAN I (S) DO SO IN \\ 1211 IN(: A\ I I IIIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH \\ RII'IEN VERIFICATION'I HEREOI OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE. IF REQUESTED WITHIN IHIRI Y (30) DAIS OF RECEIPT OF'I HIS 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. File4. H4562 Plaintiff' is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 5201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 2. The name(s) and last known address(es) of the Defendantts) are: I ,l IL(,I.' )I,M(ikl. JILL L. GENSIMORE 2627 WALNUT BOTTOM ROAD CARLISLE. PA 17013 irho is'are the mortgagor(s)and real owner(s) of the properir hercimtier descrihed. 3. On 07/01/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1572, Page: 2617. 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 11/01/2004 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. File4: tt4562 6. The following amounts are due on the mortgage: Principal Balance $54,905 .60 Interest 2,371 .20 10/01/2004 through 05/16/2005 (Per Diem $10.40) Attorney's Fees 1,250 .00 Cumulative Late Charges 36 .40 07/01 X2004 to 05/16;2005 "I 1'l Sn11 -11d I1 i, li 1, ?Ilj 10 Subtotal $ 59,113. 20 Escrow Credit 69.35 Deficit 0.00 Subtotal $- 69.35 1'0'J AL 5 59,043.85 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 I lomeowner'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 $ 59,043.85, together with interest from 05/16/2005 at the rate of $10.40 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG. LLP By: /s/Francis S Hallinan _ LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff F& 4: 114562 AIL THAT C$ATAIN tract of lend with the building thcrvan Situate in Penn Township. Cumbmiand County, PerawNsm a, bounded and deseribed as Maws, to wit: BUODINING at ap&e at the corner of land formerly of Skelly, now or formally of ftUis J. Barrick and PA Route 174, thence along PA Route 174, South 69 degrew 50 minutes Want, 200.00 fat to a spike; thence by lands fornhaly of Skaity, now or formerly orvictor 0. Ba tkk and Che O A. Barrkck. North 11 deBMW 50 minutes West. 200.00 feet to an it m pin; thence by the =me. North 69 degrees 50 admnea East. 200.0016ct to an iron pip; thmoe by laott formrsiy aSk ft now ar formaiy aVWA16 Jr. Herrick, South 11 degrees So minutes Sass, 200.00 feet to the Place of BEOMNING. CONTAINING 0.902 acres and being known as and numbered 2627 Walnut bottom Road, Catiislo. Pemttylvania 17013. PARCEL NO. 31-11-0296-002 VERIFICATION Steven Patrick hereby states that he/she is VP Loan Documentation of Wells Fargo Bank, NA mortgage servicing agent for Plaintiff in this matter, that he/she 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 belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. Steven Patrick Vice President Loan Documentation DATE: ? / i 3f M ? 6` ? ?> ?_ ?? ? ? n ? p ? I p- i?T V r - -' (_ u, 1-? f\3 f ry 1 IC`J < SHERIFF'S RETURN - REGULAR CASE NO: 2005-02616 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS IMORE JAY R ET AL SHANNON SHERTZER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GENSIMORE JILL L DEFENDANT the at 1616:00 HOURS, on the 20th day of May , 2005 at 2627 WALNUT BOTTOM ROAD PA 17013 by handing to JAY R GENSIMORE, HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ?& T day of A. D. Prothonotary' So Answers: R. Thomas Kline 05/23/2005 PHELAN HALLINAN SCHMIEG By: V.,- 1z / /. Deputy Sheri f SHERIFF'S RETURN - REGULAR CASE NO: 2005-02616 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS GENSIMORE JAY R ET AL SHANNON SHERTZER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GENSIMORE JAY R the DEFENDANT , at 1616:00 HOURS, on the 20th day of May 2005 at 2627 WALNUT BOTTOM ROAD SLE. PA 17013 JAY GENSIMORE by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.70 Affidavit .00 Surcharge 10.00 .00 31.70 Sworn and Subscribed to before me this ?zy&:? day of nA?D. 'Prothonotary r- So Answers: R. Thomas Kline 05/23/2005 PHELAN HALLINAN SCHMIEG I By: eputy Sher ff PHELAN HALLINAN & SCHMIEG, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff vs JAY R. GENSIMORE JILL L. GENSIMORE Defendant : I Court of Common Pleas : I Civil Division CUMBERLANDCounty No. 05-2616 PHS# 114562 TO THE PROTHONOTARY: PRAECIPE 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. Date: _October 29. 2008 4isran Hallinan Attorney for Plaintiff 17 Renee K. Simpson Deputy Prothonotary Curtis R. Long prothonotary of P?fftce a hl CLuraberlaub (Lountp John E. Slike solicitor CIVIL TERM ER OF TERMINATION OF COURT CASES O 'D AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILINTTH ABOVE RECEIVING NO RESPONSE CE WITH PA TOPROCEED AND PRENDICE IN ACCORDAN INTENTION INATED WITH CASE IS HEREBY TERM R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY Pennsylvania 17013 (717) 240-6195 • Fax (717) 240-6573 L,.,,?P ?nuare • Carlisle,