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Home My WebLink About07-1427PHELAN 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 (215) 563-7000 lsosls ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE JACKSONVILLE, FL 32258-4455 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM ff v. NO. ~ ~ - ~~/eZ V ~ 1..~4=~~ 7 ~~ CUMBERLAND COUNTY SMITH NEIBERT A/K/A SMITH E. NEIBERT SHARON NEIBERT 9 PINE HILL AVENUE MECHANICSBURG, PA 17050 Defendants CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 1s081s 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 #: 150815 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 #: 150815 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 #: 150815 1. Plaintiff is ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE JACKSONVILLE, FL 32258-4455 2. The name(s) and last known address(es) of the Defendant(s) are: SMITH NEIBERT A/K/A SMITH E. NEIBERT SHARON NEIBERT 9 PINE HILL AVENUE MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/27/2004 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 Book: 1893, Page: 2328. 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 08/01/2006 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 #: 150815 6 The following amounts are due on the mortgage: Principal Balance $129,618.22 Interest $4,887.04 07/01/2006 through 03/13/2007 (Per Diem $19.09) Attorney's Fees $1,325.00 Cumulative Late Charges $74.14 12/27/2004 to 03/13/2007 Cost of Suit and Title Search 750.00 Subtotal $136,654.40 Escrow Credit $0.00 Deficit $200.16 Subtotal 200.16 TOTAL $136,854.56 7 8 If the mortgage is reinstated prior to a Sheriff s 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 #: 150815 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, 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. 10. 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 $136,854.56, together with interest from 03/13/2007 at the rate of $19.09 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 . i'1~~/ By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 150815 LEGAL DESCRIPTION ALL that certain tract of land, together with the improvements thereon erected, situate in the Township of Silver Springs, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at an iron pin located North 82 degrees 14 minutes East, 40.5 feet from the center line of a proposed forty (40) foot street; thence by other land of George W. Walker and Mary Alice Walker, his wife, the following courses and distances: South 16 degrees O1 minutes 30 seconds East, 301.82 feet to an iron pin; South 45 degrees 25 minutes East, 209.74 feet to an iron pin; North 25 degrees 32 minutes East, 555.95 feet to an iron pin; South 84 degrees 50 minutes West, 474.21 feet to an iron pin; and due South 21.7 feet to an iron pin, the place of beginning. BEING improved with a single family residential dwelling house. FURTHER granting and conveying unto the grantees, their heirs and assigns, the right of ingress, egress and regress, over and upon the proposed 40 foot street which runs in a northwardly direction from a public road, and in addition thereto, the right of way over a strip of land 10.0 feet wide running North 82 degrees 14 minutes East, a distance of 40.5 feet from a point in the center line of said proposed public street, which point is distanced 1337.42 feet from the centerline of the aforesaid public road. File #: 150815 BEING the same premises granted and conveyed unto Smith Neibert and Sharon Neibert, his wife, by Deed of John S. Neibert and Margaret R. Neibert, his wife, dated July 7, 1978 and recorded July 7, 1978 in Cumberland County Record Book X-27, Page 173. PROPERTY BEING: 9 PINE HILL AVENUE File #: 150815 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. ~/ ~Z w,~ FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ~ ~ 0 vt ~ ~ C w ~ ~ ~ ~ T--~ ~~~ C? ~~; C7 ~_- -- ~, _._., ~, ~ ~ ~1 ~- ~ r ~ ~ . ~, , `~ ti ~; ~~ O`~ •{ . 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 (215) 563-7000 ABN AMRO Mortgage Group, Inc. Plaintiff vs. Smith Neibert, a/k/a Smith E. Neibert Sharon Neibert Defendant(s) PRAECIPE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 07-1427 CNIL TERM 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 ended without prejudice. / Date: ~ ~ ~ ~ Francis S. Hallinan, Esquire Attorney for Plaintiff PHS# 150815 ~,,. .. ~ „~ r~; r-~ ~ r' cv~, ~. ~ ~ ~-,+ _„~ `~ i '. l ..-~. '~ i'Tl ~~ SHERIFF'S RETURN - REGULAR CASE NO: 2007-01427 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS NEIBERT SMITH ET AL KENNETH GOSSERT Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon NEIBERT SMITH AKA SMITH E NEIBERT the DEFENDANT at 1622:00 HOURS, on the 22nd day of March 2007 at 9 PINE HILL AVENUE MECHANICSBURG, PA 17050 SMITH NEIBERT Sheriff or Deputy Sheriff of 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 Service Affidavit Surcharge So Answers: 18.00 9.60 10.00 R. Thomas Kline .3Jag~o"~ ~.,,/ 37.60 Sworn and Subscibed to before me this day of , 03/27/2007 PHELAN HALLINAN SCHMIEG By : ~ ~~ ~ /r~ d De uty (Sheri A.D. 1 SHERIFF'S RETURN - REGULAR ~. .CASE NO: 2007-01427 P a COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS NEIBERT SMITH ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon NEIBERT SHARON the DEFENDANT at 1622:00 HOURS, on the 22nd day of March 2007 at 9 PINE HILL AVENUE MECHANICSBURG, PA 17050 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: Docketing Service Affidavit Surcharge So Answers: 6.00 . 0 0 ~~~~"~ ~9 10.00 R. Thomas Kline 3~2~ t p °~ ^7^" ~ 16.0 0 Sworn and Subscibed to before me this day of , 03/27/2007 PHELAN HALLINAN SCHMIEG ,/J BY ~ rI ~``~ ® Li' / Dq~uty( Si'~e~f A . D . ~// `