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Home My WebLink About01-07001 .. FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DNISION Plaintiff TERM NO.OI-'7001 Cu:l/~ CUMBERLAND COUNTY v. JOHNP. MULHOLLAN MARY K. MULHOLLAN 1308 MALLARD DRNE CAMP HILL, PA 17011 Defendant( s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND TIDS DEBT WAS NOT REAFFIRMED, TIDS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** 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 Tms PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 Loan #: 306833403 i""-#~""ftfl~~'<(lIIf,~, .~_ '<", - ~-- . ~, ,~., " =<" ". '''-~~~'''l!lT''~,! '~""'~'''!'''''_., IF TIDS 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. ',' , , ~ ~ ~ '" ~ ~..=""~, ,,,~,,,,~,,,,,,,, I. Plaintiff is GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 2. The name( s) and last known address( es) of the Defendant( s) are: JOHN P. MULHOLLAN MARY K. MULHOLLAN 1308 MALLARD DRNE CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 1/9/96 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to HART MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1299, Page 329. By Assignment of Mortgage recorded 9/18/00 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 564, Page 1128. 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 8/1/0 I 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. ~~!,--~ItA~ '!'" - ", ^",c " " , ~~,~~ " ~"'.,=~ . 6. The following amounts are due on the mortgage: Principal Balance Interest 7/1/01 through 1211/01 (per Diem $16.61) Attorney's Fees Cumulative Late Charges 1/9/96 to 12/1/01 Cost of Suit and Title Search Subtotal $79,512.75 2,557.94 1,000.00 89.70 550.00 $83,710.39 Escrow Credit Deficit Subtotal TOTAL 218.27 0.00 ($ 218.27) $83,492.12 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 Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. gI680.403c. 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $83,492.12, together with interest from 12/1/01 at the rate of $16.61 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. ~~ Is! Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff '\';llHl\:l,~r~J1"I,." '="'IiW . "r,- -- ,,' " !^~ , ~ ,~~", ,''""''''''''''''' ;,>-<",~,,,,,,--~,,,,,,,,~~" --., --- , . e EXIDBlT . A' " ALL THAT CERTAIN plot of groUlld sitUate in the Township afEas! PeMsboro, County of Cumbe,'land and Commonwealth ofPellD$ylwnia, bmmded and described as foUowa, to wit: BEGlNNING at a point on the west side otMallardRoaclat the corner ofLat N~. 92 as shown on the hereinaRer mentioned Plan of Lots; the_ along the line of Slli,j I,ot No. 92, SouU, 79 dew..e 241llinut.. West, 12L62 feet to a point; thence along other land now or formerly of Clyde O. SlIIl'S"r and Esther SmyBer, husband and wife, N onh 18 degrees 23 minutes west, 86.79 Ceet to a point; thenee along the!lne oCLot No. 94,.s shown in t.bEr 1l.e-r6h~ tUeo.t.ioMd pian o!lots, North 79 degrees 24 rnlnute.9 E,l'f:lt, 13:\.24 fMt t.n a point on the west aide of Mallard Road aforeSllid; thence along the west side of Mallard Road, South 10 degrees 36 Illinutes E..t 86 feet to a point at the earner of Lot No. 92 aforesaid, theP""'e oI'BEGINNlNG. HAVING TEEREON EREctED a brick and aluminum dwelling bollOe known and numbered ..q 1~08 Mallard Roed. BEING Lot No. 98 in the Plan of Lots known as Plan No.3, West Creek Hills. lolid out by D. P.lWl"e""P"rg... on July 15, 1967 ond revised November 21, 1967,:ald revised plan being r""orded ill the Offi.,. of the Recorder oC needs in and for Cumberland CmUlty Ul Plan Book 19, page 47. e BEING the same premises which E. Penn Lemmonds and Patricia W. Leromonds, by Deed dated March 12, 1984 and recorded in Cumberland County Recorder oC needs omee in DeecI Book Q. Vol. 30, page 306, gr....ted and conveyed unto Patricia W. Lemmonds, one of the Grantors herein. The said Patricia W. Lemmonds having married, her husband Gerald T. O.bw-njoins in this deed to CQnvey any right, title or interest he may have in the above described pro~y. U'NDER)..ND st.TBJECr. nevertheless, to easewenbJ, restriutiOrul. reservation.'j conditions ~d rights oCWtJ,v ofrecorc or visible upon inspection ofprel1,ises. PREMISES BEING ON 1308 MALLARD DRIVE ."1~-jirJ!f_ !!;t~_, . , ~ -- ... '" ~ ~. "~ ,~~~,~""""""", VERIFICATION KRISTINE WILSON hereby states that she is FORECLOSURE SPECIALIST of GMAC MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her 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. ~~ DATE: /2 h In "~~o J".., ,-.,' ".", '<, "'l--" " , - ". 'f . ~.' - ~"".~,"",,,,--,, . , " '<"', '. ;'" '-""~-'"'' ~' ~" -. '""~'''-'':' ~ \ ~ ~ ~ ......... if) C) (:) ...J ~ ~~. ."-. ~ - -,..,."'" ;i -.. 6< ~: ''":J ~ 8 () It) -'-'" f' ~;; Q 0 ~. , f C> C/i "'I:> :vI ~ c:. .t: -0 -.() p:~ --;',1 J-'T :;;~ '::::) I' ~Z] " -< (,,_~ "~__,.", ~. ~." ,. "T,<" ",_, ,,_"Iql(,D1Xf """,,,,,,,,,,"'},~~r>" ,~""-,,~.~,=,-,,,_~__~4 ,lJ , ''=<'' '.'1~1~~~'~,",0f'I~''"'\;'~~''Tp~,,?",I'c'. 7"''';~'"toi~,'':1I!',,'1:''''_ "" ,<:<#i~~'fi!~~~ ~!i#~Il!$Wf\oliif;i,~<!iF1ffi :__,,,JI~!!l\i!i:~'N~ ~ ~, . SHERIFF'S RETURN - REGULAR CASE NO: 2001-07001 P COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND GlvIAC MORTGAGE CORPORATION VS MULHOLLAN JOHN P ET AL DOUGLAS DONSEN , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MULHOLLAN JOHN P the , at 0018:57 HOURS, on the 27th day of December, 2001 DEFENDANT at 1308 MALLARD DRIVE CAMP HILL, PA 17011 by handing to JOHN P. MULHOLLAN a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit .surcharge So Answers: 18.00 9.75 .00 10.00 .00 37.75 rK r:.~t:~( R. Thomas Kline day of 12/28/2001 FEDERMAN & PHELAN By: n a- ~ty Sheriff Sworn and Subscribed to before me this ~~ /, c~ J~~ A.D. f - , .,.(J ]M-I/; , ./. rothonotary ,~ ,}''i:}.{i:;'"}TFi'f.1;~~'~'b ""', ~~~ ^JU~ . ,-1 ~ , ,,!, ,~~~ e M .~, ~ ~~___~)Ir1/M~~ 'J . SHERIFF'S RETURN - REGULAR ClIBE NO: 2001-07001 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS MULHOLLAN JOHN P ET AL DOUGLAS DONS EN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MULHOLLAN MARY K the , at 0018:57 HOURS, on the 27th day of December, 2001 DEFENDANT at 1308 MALLARD DRIVE CAMP HILL, PA 17011 by handing to JOHN P. MULHOLLAN a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: ~~~<P R. Thomas Kline 12/28/2001 FEDERMAN & Sworn and Subscribed to before By, PHELAN ~ Q~i eputy Sheriff me this JI~ day of ~ ~.2.J A.D. q 'P" 0. {h,il,.~ ~, P othonotary' '''\';i~~w.~~11!fr ~ ~ ~,"'~ - ~ c, ~.. 'Wr~.I ~~~_." ".~~.~ ~~O'"~""',",, " y~, FEDERMAN AND PHELAN, LLP BY: FRANCIS S. HALLINAN Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage Corporation Plaintiff ATTORNEY FORPLAINTWF Court of Common Pleas Civil Division v. Cumberland County John P. Mulhollan Mary K. Mulhollan Defendants No. 01-7001 PRAECIPE TO THE PROTHONOTARY: 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. X Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: 1/30/'1- ~/7~JHa~ Francis S. Hallinan, Esquire Attorney for Plaintiff ''''-';''='~'''',~m_!I'' ,-It"" "" ~ " < r ' . . I ~ ~II!' '- - ...'''''''.it'Ii'''--''''''';''''''':O':' , ::"', ,~ , "~"',"'"C ,~ c ..Ji.Jilf:c-7,. Gs' ~ '--,,!,' __" ~~~~lOOWf.r""ji'/1ffi:~~w.y~~iB{~'ll,.@;~!WJ:fY~i1_,,\'~';;<""';" ,- ....." Jt,'<,,'" --'," ", =~"v-,' "~'''7 '~ '.~~ >~"....~~".....;... -""~iT'" r<'''' nliim<\.alfi"t",~ "Ti' '-'0 lOc " , 2~ en ,-<,"", ,.......,.._' ~;~" ~~~: :;..:~:: ....... ~~ '"'" e-:l\ <5 ..a:;" 0' ,-' ..-.j I o -., -; ~:!J ;gij 06 ~:B ~.('") om f.J :2: -l'~ W N _..I , "-;";P'\FI;iIT'ji;~!.'r.:m~~;:'i~!f!!,~;*f~F~i1Mij'if8~~~~'