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Home My WebLink About06-4477 ... PHELAN HALLINAN & SCHMIEG, LLP LA WRENCE 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 137189 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CNIL DNISION TERM v. NO. t}(, - /ft(77 iuJ CUMBERLAND COUNTY RICHARD A. BYERS KIMBERLY J. DEWALT 300 NORTH FAYETTE STREET SHlPPENSBURG, PA 17257 Defendants 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 TIDS 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 J70I3 (800)990-9108 File #: 137189 .. File #: 137189 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. 40 I. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 2. The name(s) and last known address(es) of the Defendant(s) are: RICHARD A. BYERS KIMBERLY J. DEW AL T 300 NORTH FA YETIE STREET SHIPPENSBURG, P A 17257 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 09/10/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR FINANCE AMERICA, LLC, D/B/A FINAM, LLC which mortgage is recorded in the Office ofthe Recorder of CUMBERLAND County, in Mortgage Book No: 1881, Page: 4067. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 03/01/2006 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 #: 137189 ~ 6. The following amounts are due on the mortgage: Principal Balance Interest 02/01/2006 through 08/03/2006 (Per Diem $15.36) Attorney's Fees Cumulative Late Charges 09/1 0/2004 to 08/03/2006 Cost of Suit and Title Search Subtotal $49,212.59 2,826.24 1,250.00 96.12 $ 550.00 $ 53,934.95 Escrow Credit Deficit Subtotal 0.00 0.00 $ 0.00 TOTAL $ 53,934.95 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event ofa third party purchaser at Sheriff's 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 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) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 53,934.95, together with interest from 08/03/2006 at the rate of $15.36 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. LINAN & SCHMIEG, ;,Lj ,,1,4 ~6./~~ ~ By: IslFranc's . Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 137189 . LEGAL DESCRIPTION ALL that certain lot of ground with a one story bungalow erected thereon, situate in the Borough of Shippensburg, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point at the intersection of North Fayette Street and Spring House Road; THENCE along said Spring House Road, South 52 degrees West, 133.2 feet to a pin at lands now or formerly of Nick Papoutsis; THENCE by the same North 28 degrees West, 65 feet to lands now or formerly ofthe West End Land Company; THENCE by the same, North 60 degrees 15 minutes East, 130.7 feet to a point at North Fayette Street; THENCE by the same, South 29 degrees 54 minutes East, 66 feet to a point, the place of BEGINNING as shown by the survey of Harry Knox, Registered Engineer, made September 14,1954. Parcel #34-34-2417-053 PROPERTY BEING: 300 NORTH FA VETTE STREET File #: 137189 * VERTFTCA TION 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. CoSo Sec. 4904 relating to unsworn falsification to authorities. ~J~ FRANCIS S. HALLINAN, ESQUIRE Attorney fur Plaintiff DATE: ~ " ~\) '- ~ '?J ~ ~ 9J ~ ~ ~~ v-. ~~ ~ ~ 'to '\ ~ ~ ~ . ~ i !?t g ~ ~~ 1~'.f '. c:> ~ ... .~ I n r s:- %~. -7; :g ej -0 n 'C: ';:J: (0 '?<;3 N """~ ~C .' ~ ~ . IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY DEUTSCHE BANK NATIONAL TRUST, ET. AL., Plaintiff CIVIL ACTION Case No.: 06-4477 Civil Term vs. RICHARD A. BYERS and KIMBERLY J. DEWALT, Defendant( s) ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW come(s) the defendant(s) by and through attorney, Frank E. Yourick, Jr., Esquire, and make(s) the following Answer to Complaint in Mortgage Foreclosure: 1. After reasonable investigation, defendant(s) are without knowledge or information sufficient to form a belief regarding plaintiff's claim of default and the amount that is due. (Pa.R.C.P. 1029(c). The debtor(s) cannot verify the actual amounts due as this information is exclusively within the control of the plaintiff and strict proof thereof is demanded at time of trial. 2. Insofar as an answer can be made, the defendant(s) state, upon information and belief, that the arrearage amount due on the mortgage is $1,470.00 which amount should be able to be paid within ninety days of filing of this answer. WHEREFORE, the defendant(s) pray(s) that plaintiff's complaint be dismissed or, in the alternative, this action be delayed for ninety (90) days until the defendant(s) can bring the mortgage current. Frank E. Yourick, Jr. squire P.O. Box 644, Murrysville, PA 15668 (412) 243-5698 Pa. ID # 00245 -~ VERIFICATION FRANK E. YOURlCK, JR., ESQUIRE hereby states that he is the attorney for Defendant(s) in this matter, that 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 PaR.c.p. 1 024( c) and that the statements made in the foregoing Answer to Complaint in Mortgage Foreclosure are based upon information supplied by Defendant(s) and are true and correct to the best of his knowledge, information and belief. CERTIFICATE OF SERVICE I certify that on the 28th day of August, 2006, I served a copy of the Answer to Plaintiffs Complaint upon the following by US first class mail, postage prepaid: Janine Davey, Esquire Suite 1400, One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 Frank E. Y ourick, Esquir Attorney for Defendant(s) P.O. Box 644 Murrysville, P A 15668 (412) 243-5698 PA ID No.: 00245 ~ ~. -0\"", rnn c-/ _"~ fi/ r~l::'- :::::;.. g cr ~ G> v> .::,/,,,--,,,, ,4.-L; $C Z 2 .-' ".. :1C- ~ ?,;:!1 -o~, cn? (~?\CJ -i'.'J;< <':)- :.-?'Q ,:;,-rn g ~ - - <.J1 \D \ \. -- SHERIFF'S RETURN - REGULAR CASE NO: 2006-04477 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS BYERS RICHARD A ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BYERS RICHARD A the DEFENDANT , at 1515:00 HOURS, on the 7th day of August , 2006 at 300 NORTH FAYETTE STREET SHIPPENSBURG, PA 17257 by handing to KIMBERLY DEWALT, SISTER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: Sworn and Subscibed 18.00 17.60 ~~. ~ ~ .00 4~ 10.00 R. Thomas Kline .00 45.60~ 08/08/2006 Cf.-. 'i(J.s/u, PHELAN HALLIN to By: day before me this of A.D. ~ -, SHERIFF'S RETURN - REGULAR CASE NO: 2006-04477 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS BYERS RICHARD A ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DEWALT KIMBERLY J the DEFENDANT , at 1515:00 HOURS, on the 7th day of August , 2006 at 300 NORTH FAYETTE STREET SHIPPENSBURG, PA 17257 by handing to KIMBERLY DEWALT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: Sworn and 6.00 .00 .00 10.00 .00 16.00/ q I~ ;jDl- ~ Subscibed to r~~ R. Thomas Kline OS/OS/2006 PHELAN HALLINAN By: before me this day of A.D. r PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 ATTORNEY FOR PLAINTIFF One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Deutsche Bank National Trust Company, as trustee : Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Richard A. Byers Kimberly J. Dewalt Defendant( s) : No. 06-4477 Civil PRAECIPE TO THE PROTHONOTARY: X 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. Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date:~ ~cy}?4- Francis S. Hallinan, Esquire Attorney for Plaintiff PHS# 137189 ......, = = c:r- C) n -I (A' o -0 ::G,: ~ --I :J::.n 1'11(--. -0 CO -U(,.1 ;~~~ ~~f~ 9\ JO ~ ~....=- .. -.l