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Home My WebLink About06-5125 , PHELAN 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 13965\ U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 3476 STATEVIEW BLVD FORT MILL, SC 29715 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Oc.. 51;)6' ~ I~ CUMBERLAND COUNTY v. JEFFREY A. SHENCK 1721 WARREN STREET NEW CUMBERLAND, PA 17070 Defendant 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 LA WYER, 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, P A 17013 (800)990-9108 File #: 139651 File#: 139651 IF THIS IS THE FIRST NOTICE THAT YOU HA VE 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 EST ATE. 1. Plaintiff is U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known addressees) of the Defendant(s) are: JEFFREY A. SHENCK 1721 WARREN STREET NEW CUMBERLAND, PA 17070 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 06/25/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS AS A NOMINEE FOR EQUIFIRST CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1872, Page: 1071. 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 05/05/2006 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 #: 139651 LEGAL DESCRIPTION ALL THOSE TWO (2) certain tracts of land, together with the improvements thereon erected, situate, lying and being in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded, limited and described as follows, to wit: TRACT I: BEGINNING at a point on the easterly line of Warren Street, at a distance of five hundred thirty and five-tenths (530.5) feet in a northerly direction from Sixteenth Street; thence along Warren Street North forty-one (41) degrees forty-seven (47) minutes West sixty (60) feet to a point; thence along Lot No.5, Section 'G', on the hereinafter mentioned plan North forty-eight (48) degrees thirteen (13) minutes East one hundred fifteen (115) feet to a point; thence along Lot No. 22, Section 'G'. South forty-one (41) degrees forty-seven (47) minutes East sixty (60) feet to a point; thence along Lot No.7, Section 'G' south forty-eight (48) degrees thirteen (13) minutes West one hundred fifteen (115) feet, to the point or place of BEGINNING. BEING Lot No.6, Block 'G', on the Plan of Westover Gardens, as recorded in the Office of the Recorder of Deeds of Cumberland County, in Plan Book 3, page 50. TRACT 2: BEGINNING at a point, the intersection of the southerly line of Lot No.5, Section G, on the hereinafter plan, with the easterly line of Lot No.6, Section G, on said plan; thence along the line dividing Lots Nos. 22 and 23, Section G, North 48 degrees 13 minutes East seventy-eight (78) feet, more or less, to a point; thence along lands of the Longanecker Estate South 55 degrees 44 minutes East sixty (60) feet, more or less, to a point; thence along the line dividing Lots Nos. 21 and 22, Section G, South 48 degrees 13 minutes West ninety-one (91) feet, more or less, to a point on the easterly line of Lot No.6, Section G; thence by the same North 41 degrees 47 minutes West sixty (60) feet to a point; the place of BEGINNING. BEING a portion of Lot No. 22, Section G, on a plan of lots known as Westover Gardens, said plan being recorded in the Office of the Recorder of Deeds in and for said County of Cumberland in Plan Book No.3, Page 50. BEING PARCELS #26-23-0541-007 and #26-23-054l-007A PROPERTY BEING: 1721 WARREN STREET File #: 139651 '. 6. The following amounts are due on the mortgage: Principal Balance Interest 04/05/2006 through 08/30/2006 (Per Diem $23.94) Attorney's Fees Cumulative Late Charges 06/25/2004 to 08/30/2006 Cost of Suit and Title Search Subtotal $125,462.47 3,543.12 1,250.00 169.88 $ 550.00 $ 130,975.47 Escrow Credit Deficit Subtotal TOTAL 0.00 0.00 $ 0.00 $ 130,975.47 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 of a 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 ofIntention 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) 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 $ 130,975.47, together with interest from 08/30/2006 at the rate of$23.94 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. PHELA~LINA'rj;)G: LLP By: ~. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attomeys for Plaintiff File#: 13965\ . ' VJ<;RTFIC.~TIQ~ 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. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~)k- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ~~ eL.p . 0 ...., 0 = c- = -n ~ "'"' ~\o if> -< " :I:.,., ~ rq rn- ~ ~"t., .-qh; ~ ~ ~:JO 0\ (),J-, -., "" :~-~:fl ~ ". ,.~() O'l 0 -~ .... <.'rn >oJ .. '- '2 '--) u.. \l c:- --I ~ 2: ?o J:; :~ '< ""- ~ PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, P A 19103-1814 (215) 563-7000 U.S. Bank National Association, as trustee for Credit Suisse First Boston Heat 2004-7 ATTORNEY FOR PLAINTI F : Court of Common Peas Plaintiff Civil Division vs. Cumberland County Jeffrey A. Shenck Defendant(s) No. 06-5125 C. T. 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:~ Francis S. Hallinan, Esquire Attorney for Plaintiff PHS# 139651 II r-' 0 = -n c.::::l Cf'\ I c::> en CP SHERIFF'S RETURN - REGULAR CASE NO: 2006-05125 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND U S BANK NATIONAL ASSOCIATION VS SHENCK JEFFREY A ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon SHENCK JEFFREY A the DEFENDANT , at 0018:30 HOURS, on the 13th day of September, 2006 at 1721 WARREN STREET NEW CUMBERLAND, PA 17070 by handing to JEFFREY A. SHENK a true and attested copy of NOTICE together with COMPLAINT IN MORTGAGE FORECLOSURE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 14.96 ----"~/ p/~ .00 ~ ~~~ 10.00 R. Thomas Kline . .00 42.96;'/ 09/14/2006 10/'40(, C),.- PHELAN, HALLINAN & SCHMIEG to B~~,L day . )~~puty ~/itf A.D. Sworn and Subscibed before me this of