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Home My WebLink About99-07597 c 1{? y;i Y iP r 4 rs a?i?¢ +y?s 41?Cv?, r ?.'pf yM.? a ? S k[F?JS?d iL yr_. „ ? o ..yln .ri r.r'^'Sr> e .+ryr Tm'? i?' FE•DERMAN AND PIIELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (715) 563.7000 CHEMICAL MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS, OH 43219-6009 Plaintiff V. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM / Ccv^ f NO. 7-0? CUMBERLAND COUNTY DENNIS M. KELLY ALICE M. KELLY 402 DAVID DRIVE CAMP HILL, PA 17011 Defendant(s) CIVIL ACTION - LAN MORTGAGE FORECLOSURE NOTICE PLEAS E BE ADVISED TIIAT TI IIS FIR\I IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION RECEIVED WILL BE USED FORTHAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, TIIIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEDIPT 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 THIS 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, PA 17013 (717) 249-3166 M1 ,.Y •M Loan No.7459349 rYi r .Ya Plaintiff is CHEMICAL MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS, 011 43219-6009 2. The name(s) and last known address(es) of the Defendant(s) are: DENNIS M. KELLY ALICE M. KELLY 402 DAVID DRIVE CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 7/31/92 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CENTRAL MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1081, Page 505. By Assignment of Mortgage recorded 8/5/92 the mortgage was assigned to CHEMICAL BANK, N.A. which Assignment is recorded in Assignment of Mortgage Book No. 424, Page 399. By Assignment of Mortgage recorded 6/11/93 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 446, Page 333. 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 7/1/99 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. A copy of such notice is attached as Exhibit "A." .Y. .a: .71 rYi ?YY •. n-Y r 6. The following amounts are due on the mortgage. Principal Balance $65,144.53 Interest 2,776.11 6/1/99 through 12/1/99 (Per Dient $15.17) Attorney's Fees 3,257.00 Cumulative Late Charges 138.00 7/31/92 to 12/1/99 Cost of Suit and Title Search 550.00 Subtotal 71,865.64 Escrow Credit 0'00 Deficit 123.44 Subtotal 123.44 TOTAL $71,989.08 8. The attomev's ties 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 attomcy's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount cscccds $50.000.00. 9. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. a 1692 ct 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. WHEREFORE. PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $71,989.08. together with interest from 12%199 at the rate of $15.17 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. /s7 Fmnk Fedema?/ FRANK FEDERMAN. ESQUIRE Attorney for Plaintiff t1 ? i ALL THAT CERTAIN Piece or Parcel of land situate in Cast Pennsboro Township, Pennsylvania, more particularly bounded and described in accordance Cumberland County, with a survey, of Read Engineering, Inc., dated may 13, 1982. as follows, to wit. BEGINNING at a point on the southeasterly line of David Drive, said point being measurad by same in a southwesterly direction, a distance of 80 feat from Heidi _ Terrace; thence South 41 degrees 20 minutes 00 seconds East along lands now or of! Will Plan of Lots, a distancenof 1110.17 featbtona point then heouthr43eindegreesafter oned minutes 00 seconds West along lands now or late of Richard Gurka, a distance of 40.19 feet to a point; thence North 41 degrees 20 minutes 00 seconds West along the line of adjoiner between Lots Noa. 1X and'1 on, said Plan, and being along and through a partition wall and beyond a distance of 114.02 feet to a point on the southeasterly line of David Drive aforesaid; thence along said David Drive North 48 degrees 40 minutes 00 seconds East a distance of 40 feet to the Point and place of BEGINNING. BEING Lot No- 1X, Block M on Plan No. 16, Ridley Park in Cwnberland County Plan Book 21, Page 83. BEING known as 402 David Drive. BEING THE SAME PREMISES which Steven C. Sliver and Bonnie J. Sliver, his wife by Deed (Sated May 28, 1982 and recorded June 1, 1982 in Cumberland County Deed sock u, Volu+ne 29, page 206• granted and conveyed unto Harry A. Correa and Sharon L. Correa, his wife. L,NDCR AND SUBJECT to conditions, restrictions and right of record. VERIFICATION CHRISTOPHER STUMP hereby states that he is ASSISTANT SECRETARY of CHASE MANHATTAN MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that he 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 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 unswom falsification to authorities. DATE: t Z, 13, q 'i r. SHERIFF'S RETURN - NOT FOUND CASE NO: 1999-07597 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHEMICAL MORTGAGE CO VS KELLY DENNIS M ET AL Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT KELLY ALICE M but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE , NOT FOUND , as to the within named DEFENDANT , KELLY ALICE M DEFENDANT IS DECEASED. Sheriff's Costs: Docketing Service Affidavit Surcharge Not Found Return So an rs: 6.00 .00 R. Thomas Kline 8.00 Sheriff of Cumberland County 5.00 19.00 FEDERMAN AND PHELAN 12/28/1999 Sworn and subscribed to before me thk day of f CASE NO: 1999-07597 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHEMICAL MORTGAGE CO VS KELLY DENNIS M ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KELLY DENNIS M the DEFENDANT at 1538:00 HOURS, on the 27th day of December , 1999 at 402 DAVID DRIVE CAMP HILL, PA 17011 DENNIS KELLY by handing to 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 18.00 9.92 .00 8.00 .00 35.92 So Answers: R. Thomas Kline 12/28/1999 FEDERMAN AND PHELAN\ Sworn and Subscribed to before m this day of A.?\ rra-t1 By 1Lla?d L?? Deputy Sheriff FEDERMAN AND PHELAN BY: Francis S. Hallinan, Esquire Attorney For Plaintiff Identification No. 62695 Two Penn Center Plaza Suite 900 Philadelphia, PA 19102-1799 (215) 563-7000 CHEMICAL MORTGAGE COMPANY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff V. DENNIS M. KELLY ALICE M. KELLY Defendants CUMBERLAND COUNTY NO. 99-7597 SUGGESTION OF DEATH RE: DEFENDANT ALICE M. KELLY AND RELEASE OF DEFENDANT'S LIABILITY COMMONWEALTH OF PENNSYLVANIA: FRANCIS S. HALLINAN, ESQUIRE, attorney for the Plaintiff, hereby certifies that, to the best of his knowledge, information and belief, the Defendant ALICE M. KELLY, is deceased, and Plaintiff hereby releases ALICE M. KELLY, date of death - 1/12/94. As the property was owned by Defendants as tenants by the entireties, upon MS. KELLY'S death, co-defendant, DENNIS M. KELLY became sole owner of the mortgaged premises. FEDERMAN AND PHELAN By: "IiU. to"''i Francis S. Hallinan, Esquire Attorney for Plaintiff rr' ` t F.,., Dated: H-n FEDERMAN AND PHELAN BY: Francis S. Hallinan, Esquire Identification No. 62695 Attorney For Plaintiff Two Penn Center Plaza Suite 900 Philadelphia, PA 19102-1799 (215)563-7000 CHASE MANHATTAN MORTGAGE CORPORATION COURT OF COMMON PLEAS CIVIL DIVISION V. DENNIS M. KELLY ALICE M. KELLY Plaintiff CUMBERLAND COUNTY NO. 99-7597 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Suggestion of Death Re: ALICE M. KELLY and Release of Defendant's Liability thereof was sent via first class mail to the following on the date listed below: DENNIS M. KELLY 402 DAVID DRIVE CAMP HILL, PA 17011 Dated: H -60 q'u c z s N wUall,^` Francis S. Hallinan, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN By: Frank Federman, Esquire Atty. I.D. No.: 12248 Two Penn Center Plaza, Suite 900 Philadelphia, PA 19102-1799 (215) 563-7000 Chemical Mortgage Company v Dennis M. Kelly Alice M. Kelly PRAECIPE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF Cumberland County Court of Common Pleas Civil Division No. 99-7597 X_ A. Plaintiff hereby withdraws the complaint filed in this matter. Please mark this case discontinued and ended without prejudice. B. Please mark this case settled, discontinued and ended. Date Frank Feder an Attorney for Plaintiff