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HomeMy WebLinkAbout07-1890PHELAN 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 148885 GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 V. Plaintiff JEFFREY L. FUHRMAN LAURIE A. FUHRMAN A/K/A LAURIE ANN FUHRMAN 430 CROSSROADS SCHOOL ROAD CARLISLE, PA 17013 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM eluf CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 148885 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 #: 148885 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 #: 148885 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 #: 148885 1. Plaintiff is GMAC MORTGAGE, LLC, S/I/I TO GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 2. The name(s) and last known address(es) of the Defendant(s) are: JEFFREY L. FUHRMAN LAURIE A. FUHRMAN A/K/A LAURIE ANN FUHRMAN 430 CROSSROADS SCHOOL ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/27/1999 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to ACCUBANC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1569, Page: 479. By Assignment of Mortgage recorded 06/26/2000 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 647, Page 629. Said mortgage was modified as set forth in the modification agreement dated03/13/01, in Mortgage Book No. 669, Page 85. 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. File #: 148885 5. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2005 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. The following amounts are due on the mortgage: Principal Balance $122,483.50 Interest $16,570.12 09/01/2005 through 04/04/2007 (Per Diem $28.52) Attorney's Fees $850.00 Cumulative Late Charges $581.25 08/27/1999 to 04/04/2007 Cost of Suit and Title Search 750.00 Subtotal $141,234.87 Escrow Credit $0.00 Deficit $2,940.75 Subtotal $2,940.75 TOTAL $144,175.62 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. File #: 148885 8. 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. 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. File #: 148885 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 $144,175.62, together with interest from 04/04/2007 at the rate of $28.52 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 & SCHM G, LLP By: /s/Francis S. Halli an LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 148885 LEGAL DESCRIPTION ALL that certain tract of land with improvements thereon erected situate in West Pennsboro Township, Cumberland County, Pennsylvania, more fully bounded and described in accordance with a plan prepared by Rodney Lee Decker, R.P.L.S., dated January 22, 1993 and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 66, Page 104, as follows: BEGINNING at a point on southern right-of-way line of Cross Road School Road, T-438 at line of Lot No. 52; thence along Lot No. 52, South 32 degrees 50 minutes 00 seconds West 353.91 feet to a point; thence along Phase 3 of Cross Road School Road Estates North 67 degrees 04 minutes 45 seconds West 112.05 feet to a point in southern edge of Watson Drive; thence along southern edge of Watson Drive by a curve to the left having a radius of 200.00 feet and an arc distance of 99.02 feet to a point; thence still along southern edge of Watson Drive by a curve to the right having a radius of 150.00 and an arc distance of 191.63 feet to a point thence still along Watson Drive North 49 degrees 05 minutes 05 seconds East 332. feet to a point creating the intersection of Watson Drive and Cross Road School Road; thence along said intersection by a curve to the right having a radius of 25.00 feet and an arc distance of 38.51 feet to a point in western edge of Cross Road School Road; thence along western edge of Cross Road School Road by a curve to the left having a radius of 1,166.00 and an arc distance of 149.68 feet to a point; File #: 148885 Thence still along western edge of Cross Road School Road T-438, South 51 degrees 15 minutes 00 seconds East 50.28 feet to a point the Place of BEGINNING. CONTAINING 2.014 acres and designated as Lot 19 on Plan for Cross Road School Road Estates. PROPERTY BEING: 430 CROSSROADS SCHOOLS ROAD File #: 148885 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 unworn falsification to authorities. DATE: E/'T U-01/ FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff (v n .tea P 4 G7 C?J C.J ?.w O n? C to) PHELAN HALLINAN & SCHMIEG, LLP Lawrence T. Phelan, Esquire I.D. No. 32227 Francis S. Hallinan, Esquire I.D. No. 62695 Daniel G. Schmieg, Esquire I.D. No. 62205 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage, LLC, S/I/I to GMAC Mortgage Coporation VS. Jeffrey L. Fuhrman Laurie A. Fuhrman Plaintiff Defendant(s) Attorney for Plaintiff Court of Common Pleas Cumberland County No. 07-1890 Civil Term PRAECIPE TO WITHDRAW COMPLAINT, WITHOUT PREJUDICE, AND DISCONTINUE AND END TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark this case discontinued and ended, upon payment of your costs only. V Date Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Attorneys for Plaintiff 148885 ? r-? ? p ? ?,.- ? n ?_ ..-? t ? ? . "S? `^ ?^ t ? ? T _? r? . ?? ?? ` ? r f ? y.ry ? SHERIFF'S RETURN - REGULAR CASE NO: 2007-01890 P ' COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE LLC ET AL VS FUHRMAN JEFFREY L ET AL STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FUHRMAN JEFFREY L the DEFENDANT , at 2040:00 HOURS, on the 11th day of April , 2007 at 430 CROSSROADS SCHOOL ROAD CARLISLE, PA 17013 JEFFREY L FUHRMAN 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 18.00 Service 7.68 Affidavit .00 Surcharge 10.00 .00 y1141o t 3 5. 6 8 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 04/12/2007 PHELAN HALLINAN SCHMIEG By. Deput Sheriff of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-01890 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE LLC ET AL VS FUHRMAN JEFFREY L ET AL R. Thomas Kline duly sworn according to law, inquiry for the within named FUHRMAN LAURIE A AKA LAURIE unable to locate Her in his COMPLAINT - MORT FORE , the within named DEFENDANT ANN FUHRMAN 430 CROSSROADS SCHOOL ROAD NOT FOUND , as to FUHRMAN LAURIE A AKA LAURIE CARLISLE, PA 17013 DEFENDANT MOVED OUT 2 YEARS AGO. HER ADDRESS IS UNKNOWN. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 g1191b7 .? 21.00 So answers: -.w _--3 R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 04/12/2007 Sworn and Subscribed to before me this day of A. D. -,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and DEFENDANT ANN FUHRMAN but was bailiwick. He therefore returns the r PHELAN HALLINAN & SCHMIEG, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 Attorney For Plaintiff One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 (215) 563-7000 GMAC MORTGAGE, LLC, S/I/I TO COURT OF COMMON PLEAS GMAC MORTGAGE CORPORATION CIVIL DIVISION V. CUMBERLAND COUNTY JEFFREY L. FUHRMAN NO. 07-1890 CIVIL TEAM LAURIE A. FUHRMAN A/K/A LAURIE ANN FUHRMAN PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORCLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Dated: cri File #: 148885 Phelan Hallinan and Schmieg, LLP By: 1A-Cvti luc? )?' UaLlv?? Francis S. Hallman, Esquire Lawrence T. Phelan Daniel G. Schmieg c'> lip c .r_j 'r (" ( i L t" ?i ? c "Z3 • 4W , r r 0 ? o C -n Q y L 1-n rv ? C VERIFICATION W"blt f7 0'0 11a h a-'n hereby states that he/she is O)r4cee- of GMAC MORTGAGE, LLC mortgage servicing agent for Plaintiff in this matter, that he/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 his/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: /° / Loan: 148885 0 Name: Robin Callahan Title: Limited Signing Officer Company: GMAC MORTGAGE, LLC.