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HomeMy WebLinkAbout06-0439PHELAN 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 HOMEFIRST LENDING, LLC 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 V, Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. OL THOMAS S.PEDERSEN AWA THOMAS SCOTT PEDERSEN A/K/A SCOTT PEDERSEN DONNA K. PEDERSEN 9 TODD ROAD CARLISLE, PA 17013 Defendants 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 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 #: 127202 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 #: 127202 Plaintiff is HOMEFIRST LENDING, LLC 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: THOMAS S. PEDERSEN A/K/A THOMAS SCOTT PEDERSEN A/K/A SCOTT PEDERSEN DONNA K. PEDERSEN 9 TODD ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 10/18/2004 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. 1887, Page: 2700. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2005 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 N: 127202 6. The following amounts are due on the mortgage: Principal Balance $490,281. 31 Interest 15,204. 70 07/01/2005 through 01/19/2006 (Per Diem $74.90) Attorney's Fees 1,250. 00 Cumulative Late Charges 673. 98 10/18/2004 to 01/19/2006 Cost of Suit and Title Search 550. 00 Subtotal $ 507,959. 99 Escrow Credit 0.00 Deficit 2,055.96 Subtotal $ 2,055.96 TOTAL $ 510,015.95 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. 8. The mortgage premises are vacant and abandoned. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 510,015.95, together with interest from 01/19/2006 at the rate of $74.90 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 HALLLIINAN & SCH/MIEG?, LLLP e / ?ti.c+uN-J" 1"f + By: /s/Francis S. Hallman LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 127202 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described, pursuant to a compass survey by Tom O. Bietsch, Registered Surveyor in May of 1968, as follows: BEGINNING at a point in the center of the York Road; thence by land formerly of Ira Sheeley, now or formerly of Harry Sheeley, North 3 degrees 25 minutes West 1596.5 feet to a point; thence by land now or formerly of Sunday, North 81 degrees 35 minutes East 1014 feet to a point; thence by the same, South 6 degrees 10 minutes East 1324 feet to a point; thence by the same, North 81 degrees 35 minutes East 10 feet to a point; thence by the same, South 9 degrees East 284 feet to a point in the center of the York Road; thence by the center of the York Road, South 82 degrees 45 minutes West 1124.5 feet to the Place of BEGINNING. BEING improved with a dwelling house and containing 39.2 acres, more or less. IT BEING the same premises which John P. McCoy and Pearl C. McCoy, his wife, of South Middleton Township, Cumberland County, by their Deed dated 06/04/1968 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Book U22, Page 419, granted and conveyed unto James J. Touloumes, Jr. and Froso 1. Touloumes, his wife, of the Borough of Mount Holly Springs, Pennsylvania, the Grantors herein. PROPERTY BEING: 328 WEST OLD YORK ROAD File #: 127202 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 on the pleading, that he 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 his 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 unswom falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: C u ?6A ? ? ? . t ? ? ? W ?' ?? :? _, `"? ?. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-00439 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMEFIRST LENDING LLC VS PEDERSEN THOMAS S ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: PEDERSEN THOMAS S AKA THOMAS SCOTT PEDERSEN AKA SCOTT PEDER but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On February 2nd , 2006 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answers- Docketing 6.00 J Out of County 9.00 Surcharge 10.00 R'. Thomas Kline Dep Dauphin County 41.25 Sheriff of Cumberland County Postage .78 V,.VJ 02/02/2006 PHELAN HALLINAN SCHMIEG Sworn and subscribed to before me this day of i Protho ? - SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-00439 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMEFIRST LENDING LLC VS PEDERSEN THOMAS S ET AL R. Thomas Kline .00 16.00 02/02/2006 PHELAN HALLINAN SCHMIEG duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: PEDERSEN DONNA K but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On February 2nd , 2006 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Sworn and subscribed to before me this z"? day of ?Uli (D D Prot ary I , Sheriff or Deputy Sheriff who being So answer - -? 6.00 - .00 10.00 R. Thomas Kline .00 Sheriff of Cumberland County SHERIFF'S RETURN - REGULAR CASE NO: 2006-00439 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMEFIRST LENDING LLC VS PEDERSEN THOMAS S ET AL JASON VIORAL Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PEDERSEN THOMAS S AKA THOMAS SCOTT PEDERSEN AKA SCOTT PEDER the DEFENDANT at 9 TODD ROAD at 2049:00 HOURS, on the 26th day of January , 2006 CARLISLE, PA 17013 THOMAS PEDERSEN 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 4.40 Affidavit .00 Surcharge 10.00 .00 32.40 Sworn and Subscribed to before me this i Lr- day of Jx<v A. D. rotho ary , Sheriff or Deputy Sheriff of So Answers: R. Thomas Kline 02/02/2006 PHELAN HALLINAN SCHMIEG By: c" eputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2006-00439 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMEFIRST LENDING LLC VS PEDERSEN THOMAS S ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PEDERSEN DONNA K the DEFENDANT at 2049:00 HOURS, on the 26th day of January 2006 at 9 TODD ROAD CARLISLE, PA 17013 by handing to THOMAS PEDERSEN, 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 V''- day of J A. D. Pro nota So Answers: R. Thomas Kline 02/02/2006 PHELAN HALLINAN SCHMIEG By: D2 u Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2006-00439 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMEFIRST LENDING LLC VS PEDERSEN THOMAS S ET AL JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PEDERSEN THOMAS S AKA THOMAS SCOTT PEDERSEN AKA SCOTT PEDER the DEFENDANT , at 2049:00 HOURS, on the 26th day of January , 2006 at 328 WEST OLD YORK ROAD CARLISLE. PA 17013 THOMAS PEDERSEN 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. Additional Comments SERVICE WAS ACTUALLY MADE AT 9 TODD ROAD CARLISLE. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before met this iw day of 7 A jn A. 1). Prot hopotar So Answers: R. Thomas Kline 02/02/2006 PHELAN HALLINAN SCHMIEG By : ` ? ---C e ty Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2006-00439 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMEFIRST LENDING LLC VS PEDERSEN THOMAS S ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PEDERSEN DONNA K the DEFENDANT , at 2049:00 HOURS, on the 26th day of January 2006 at 328 WEST OLD YORK ROAD CARLISLE, PA 17013 by handing to THOMAS PEDERSEN, HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Additional Comments SERVICE WAS ACTUALLY MADE AT 9 TODD ROAD CARLISLE. Sheriff's Costs Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 So Answers: R. Thomas Kline 02/02/2006 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before me this P? day of ro' A. D. Prot tart') By: e ty Sheriff In The Court of Common Pleas of Cumberland County, Peninsylvania Homefirst Lending LLC vs. Thomas S. Pedersen aka Themes Scott 06-439 civil Pedersen aka Scott Pedersen No. SERVE: same Now, January 24, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to Sworn and subscribed before me this _ day of 20 20 , at o'clock M. served the copy of the original So answers, Sheriff of the contents thereof. County, PA COSTS SERVICE $ MILEAGE AFFIDAVIT office of t4e ?$hrxiff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin HOMEFIRST LENDING LLC vs PEDERSON DONNA K Sheriff's Return No. 0146-T - - -2006 OTHER COUNTY NO. 06-439 AND NOW:January 27, 2006 at 12:59PM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon PEDERSON DONNA K by personally handing to THOMAS PEDERSON, HUSBAND OF DEFT DONNA 1 true attested copy(ies) of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 3109 NORTH FRONT ST HARRISBURG, PA 17110-0000 Sworn and subscribed to before me this 30TH day of JANUARY, 2006 II.GS/ NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2006 So Answers, Sheriff of Dauphin County, Pa. By Deputy heriff-'- - Sheriff's Costs:$41.25 PD 01/26/2006 RCPT NO 214156 BH In The Court of Common Pleas of Cumberland County, Pennsylvania Homefirst Lending LLC vs. Thomas S. Pedersen aka Thomas Scott Pedersen aka Scott Pedersen SERVE: Donna K. Pedersen No 06-439 civil Now, January 24, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin deputation being made at the request and risk of the Plaintiff. County to execute this Writ, this Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of 20 20_, at o'clock M. served the copy of the original COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA (Office 0 ?,exi Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin HOMEFIRST LENDING LLC vs PEDERSON DONNA K Sheriff's Return No. 0146-T - - -2006 OTHER COUNTY NO. 06-439 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy AND NOW:January 27, 2006 at 12:59PM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon PEDERSON THOMAS S by personally handing to THOMAS PEDEROSN DEFT 1 true attested copy(ies) of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 3109 NORTH FRONT STREET HARRISBURG, PA 17110-0000 Sworn and subscribed to before me this 30TH day of JANUARY, 2006 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2006 So Answers, Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs:$41.25 PD 01/26/2006 RCPT NO 214156 BH 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 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff HOMEFIRST LENDING, LLC Plaintiff : I Court of Common Pleas Civil Division vs THOMAS S. PEDERSEN A/K,/A THOMAS SCOTT PEDERSEN AAA SCOTT PEDERSEN DONNA K. PEDERSEN Defendant CUMBERLAND County No. 2006-00439 PRAECIPE TO THE PROTHONOTARY: X Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. Date: October 20, 2009 PHS# 127202 By: PHELAN Lawfernce T. Phe , Es . No. 32217 Francis S. Hal ' sq., Id. No. 62695 Daniel G. Sc eg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff 71F THE , 1 (`i FAR 2009 CC i 2# A IN B>: 01 1 1,?? 1Jr ?I ?i