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HomeMy WebLinkAbout07-1383PHELAN 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 PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 X215) 563-7000 124605 JP MORGAN CHASE BANK AS TRUSTEE 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff v. JEANNETTE D. GIPE F/K/A JEANNETTE DARLENE HARMER A/K/A JEANNETTE DARLENE GIPE 440 THIItD STREET WEST FAIRVIEW, PA 17025 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM No. ~'~' -133 C; v ~~~~/z.. CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 124605 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 maybe 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 #: 124605 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 File #: 124605 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 #: 124605 1. Plaintiff is JP MORGAN CHASE BANK AS TRUSTEE 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: JEANNETTE D. GII'E F/K/A JEANNETTE DARLENE HARMER A/K/A JEANNETTE DARLENE GIPE 440 THIRD STREET WEST FAIRVIEW, PA 17025 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/31/2002 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to WASHINGTON MUTUAL BANK, F.A. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1768, Page: 521. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 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 01/01/2006 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 #: 124605 6. The following amounts are due on the mortgage: Principal Balance $45,681.61 Interest $3,333.60 12/01/2005 through 03/08/2007 (Per Diem $7.20) Attorney's Fees $1,250.00 Cumulative Late Charges $36.99 07/31/2002 to 03/08/2007 Cost of Suit and Title Search 550.00 Subtotal $50,852.20 Escrow Credit $0.00 Deficit $714.57 Subtotal 714.57 TOTAL $51,566.77 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 124605 9. 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, andlor 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. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $51,566.77, together with interest from 03/08/2007 at the rate of $7.20 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. PHEL ALLINAN & SCHMIEG, LLP By: s/Francis S. lhnan LA NCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIltE Attorneys for Plaintiff File #: 124605 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in the Borough of West Fairview, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the western line of Third Street, said point being 81 feet 6 inches measured southwardly from the southwest corner of Locust and Third Street; thence in a westwardly direction along line of land now or formerly of W. H. Foulk, Jr., 104 feet, more or less, to an alley; thence in a southwardly direction along the eastern line of said alley, 15 feet, 4 inches to a point of line of lands now or formerly of Charles Witmer; thence in an easterly direction along said last mentioned land, 105 feet, more or less, to Third Street; thence in a northwardly direction along the western line of Third Street, 15 feet 8 inches to the point or place of BEGINNING. HAVING THEREON ERECTED atwo-story frame dwelling house, numbered 440 Third Street, West Fairview, Pennsylvania. BEING THE SAME PREMISES which Janie K. Bryner, widow, by Deed dated August 10, 1993 and recoded August 12, 1993 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Book 36-L, Page 736, granted and conveyed unto Frederick L. Gerrick and Peggy A. Gerrick, husband and wife, GRANTORS herein. PROPERTY BEING: 440 THIRD STREET File #: 124605 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 i8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~l 1~..;- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ~3 60 a. d ~ N ~ ~~ °~ ~ a ~ (~ _ ` b ' ` V.7 ~ ' l ~ ~'~ J ~ -- ~ ~' da --~ N ^, cl ~_ ,-. ri"1 i , r't. ~.r~ :{ 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, PA 19103-1814 (2151563-7000 JP Morgan Chase Bank as Trustee Plaintiff vs. Jeannette D. Gipe, alk/a Jeannette Darlene Harner, A/k/a Jeannette Darlene Gipe Defendant(s) PRAECIPE TO THE PROTHONOTARY: Court of Common Pleas Civil Division Cumberland County No. 07-1383 C.T. 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 wi±hout prejudice. ~ 4'/'~ Date: ~~"~~ Francis S. Hallinan, Esquire Attorney for Plaintiff ATTORNEY FOR PLAINTIFF PHS# 124605 C3 `~ `- ~ ~ ._ ~ ~ ~-, ~1F, ~ ~ -~ , .~; ..~,- - , , ~ ~.. .a= SHERIFF'S RETURN - REGULAR CASE NO: 2007-01383 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JP MORGAN CHASE BANK AS TRUSTE VS GIPE JEANNETTE D ET AL RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GIPE JEANNETTE D FKA JEANNETTE DARLENE HARNER AKA JEANNETTE the DEFENDANT at 1925:00 HOURS, on the 15th day of March 2007 at 440 THIRD STREET WEST FAIRVIEW, PA 17025 JEANETTE D GIPE by handing to 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: So Answers: Docketing 18.00 S e rv i c e 14.4 0 ~~ ~~,~ Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 42.400 03/16/2007 PHELAN HALLINAN SCHMIEG I~'p~ Sworn and Subscibed to 3 By: before me this day Deputy eriff of A.D.