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Home My WebLink About07-4762PHELAN 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 ]s97os CHASE HOME FINANCE LLC, S/B/M TO AMERICAN RESIDENTIAL MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 v. Plaintiff LISA A. GUEVARA 308 BEVERLY ROAD CAMP HILL, PA 17011 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Q `~' ~7 ~ ~i ~- c. t ~ S CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 159708 NOTICE You have been sued in court. If you wish to defend against the claims sit 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 #: 159708 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 #: 159708 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 #: 159708 1. Plaintiff is CHASE HOME FINANCE LLC, S/B/M TO AMERICAN RESIDENTIAL MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 2. The name(s) and last known address(es) of the Defendant(s) are: LISA A. GUEVARA 308 BEVERLY ROAD CAMP HILL, PA 17011 who is/are the mortgagor(s) andlor real owner(s) of the property hereinafter described. 3. On 04/13/1993 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to GMAC MORTGAGE CORPORATION OF PA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1128, Page: 55. By Assignment of Mortgage recorded 11/05/1993 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 458, Page 331. 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 04/01 /2007 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 #: 159708 6. The following amounts are due on the mortgage: Principal Balance $6,594.5 Interest $195.60 03/01/2007 through 08/10/2007 (Per Diem $1.20) Attorney's Fees $1,250.00 Cumulative Late Charges $73.62 04/13/1993 to 08/10/2007 Cost of Suit and Title Search $550.00 Subtotal $8,663.79 Escrow Credit ($508.29) Deficit $0.00 Subtotal $508.29 TOTAL $8,155.50 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 compliexity 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 ~Inortgaged premises pursuant to Pennsylvania Law. File #: 159708 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 $8,155.50, together with interest from 08/10/2007 at the rate of $1.20 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. PHELAN HALLINAN &SCHMIEG, L _ ~ , By: /s/F ancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 159708 LEGAL DESCRIPTION ALL THAT CERTAIN tract or piece of land situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, more particularly bounded and described according to survey of William B. Whittock, dated December 8, 1965, as follows: BEGINNING at a point on the westerly line of Beverly Road (50 feet wide) which point is on the line dividing Lots Nos. 2 and 3, Block P on the hereinafter mentioned plan of lots, and which point is one hundred thirty-five (135) feet measured along said line of Beverly Road northwardly from the northern line of Lincoln Street; thence south 78 degrees 09 minutes west along said dividing line one hundred twenty (120) feet to a point; thence north 11 degrees 51 minutes west a distance of sixty (60) feet to a point in the line dividing Lots Nos. 3 and 4, Block P on said plan; thence north 78 degrees 09 minutes east along the last dividing line one hundred twenty-seven and eight tenths (127.8) feet to a point at the westerly line of Beverly Road; thence along the said line of Beverly Road in a curve to the left having a radius of two hundred sixty-five (265) feet, an arc distance of sixty and seventy-three hundredths (60.73) feet to a point, the place of BEGINNING. PARCEL NO: O l -21-0273-029. PROPERTY BEING: 308 BEVERLY ROAD File #: 159708 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court andlor the verification could not be obtained within the time allowed for the filing of 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 its knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. ~/ Francis S. Hallina~h, Esquire Attorney for Plaintiff DATE: ~O ~C~ Q 'FR ~ °~ ~ ~ b ~ ~ "n O W ~ -~ c ~ <~_, o ' r- c`~ rri?? r- i r "rei !t '7 )- ~~ `~ ~}' ~ t "^ -^C SHERIFF'S RETURN - REGULAR CASE NO: 2007-04762 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE HOME FINANCE LLC VS GUEVARA LISA A DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE GUEVARA LISA A DEFENDANT the at 1911:00 HOURS, on the 30th day of August 2007 at 308 BEVERLY ROAD CAMP HILL, PA 17011 LISA GUEVARA was served upon 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 9y., q~lY~0'~ / Sworn and Subscibed to before me this of So Answers: 18 .0 0 .J~~ 28.80 /~ . 00 ""/~ 10.00 R. Thomas Kline .00 56.80 08/31/2007 PHELAN HALLINAN SCHMIEG By. ~ ~ day epu y Sheriff A.D. ~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 (21~ 563-7000 Chase Home Finance LLC, s/b/m to American Residential Mortgage Corporation Lisa A. Guevara Plaintiff vs. Defendant(s) PRAECIPE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 07-4762 Please mark the above referenced case Discontinued and Ended without prejudice. X 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 without prejudice. ,` Date: ~ 'Zb d ~:.~~ Francis S. Hal inan, Esquire Attorney for Plaintiff' PHS# 159708 ~ ~ m ~~ ran -t~ ~~~ N ~ ~ ~`~ ~ .... "'~