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Home My WebLink About07-5512 PHELAN 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 160312 SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23224-7767 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Defendants NO. o?_ 5?ra Civil Term CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSEU V. Plaintiff PAUL E. KUHN KATHRYN P. KUHN CHRIS A. CHRONISTER JANE E. CHRONISTER 1000 WEST FOXCROFT DRIVE CAMP HILL, PA 17011 File #: 160312 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 #: 160312 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE BE ADVISED T T: 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 II File #: 160312 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 #: 160312 1. Plaintiff is SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23224-7767 2. The name(s) and last known address(es) of the Defendant(s) are: PAUL E. KUHN KATHRYN P. KUHN CHRIS A. CHRONISTER JANE E. CHRONISTER 1000 WEST FOXCROFT DRIVE CAMP HILL, PA 17011 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/15/2005 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR AMERICAN HOME BANK, N.A. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1924, Page: 4751. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and as,signment(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 #: 160312 5. The mortgage is in default because monthly payments of principal ai d interest upon said T mortgage due 03/01/2007 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 6. thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $130,03.81 Interest $5,62.70 02/01/2007 through 09/18/2007 (Per Diem $24.49) Attorney's Fees $1,2$0.00 Cumulative Late Charges $309.60 09/15/2005 to 09/18/2007 Cost of Suit and Title Search $7$0.00 Subtotal $137,966.11 Escrow Credit $0.00 Deficit $1,134.63 Subtotal $1,134.63 TOTAL $139,100.74 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 #: 160312 8. Plaintiff is not seeking a judgment of personal liability (or an in rs nam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves i 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, Noticel 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 #: 160312 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. I WHEREFORE PLAINTIFF demands an in rem Judgment against the Def dant s in the sum of $139,100.74, together with interest from 09/18/2007 at the rate of $24.40 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. HALLINAN & SCHMEEG, LLP By: Wrancis S. Hallinan LAWRENCE T. PHELAN, ES( DANIEL G. SCHMIEG, ESQU FRANCIS S. HALLINAN, ESC Attorneys for Plaintiff File M 160312 LEGAL DESCRIPTION ALL that certain lot of land situate in the Borough of Wormleysburg, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit; BEGINNING at a point on the western side of Foxcroft Drive, said point being the northeastern corner of Lot No. 70, Section D of the hereinafter mentioned plans of lots; thence by the western side of West Foxcroft Drive, South 09 degrees 15 minutes 33 seconds East II,92.16 feet to a point; thence by the same on a curve to the right having a radius of 10 feet, an arcl distance of 13.29 feet to a point on the northern side of Echo Road; thence by the northern side of Echo Road, South 60 degrees 54 minutes 27 seconds West 120.89 feet to a point; thence by the Western line of Lot No. 70, Section D., North 09 degrees 15 minutes 33 seconds West 130.78 feet to a point; thence by the northern line of Lot No. 70, Section D North 80 degrees 44 minutes 27 seconds East 125 feet to the place of BEGINNING. BEING Lot No. 70, Section D, of the Plan of Lots of Riverview as recorded in Plan Book 11, Page 9, Cumberland County records and being subject to utility easements and building and use restrictions and conditions of record. PREMISES BEING: 1000 WEST FOXCROFT DRIVE Parcel #47-18-1302-057 File #: 160312 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the for and/or 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 upon information supplied by Plaintiff and are true and correct to the be knowledge, information and belief. Furthermore, counsel intends to sul verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. I ?+ Francis S. H Attorney for e are based of its itute a the penalties W-'L4? linan, Esquire DATE: ! ?? o N fro t a: r cn OQ odl ? r-41 tD " , rr W SHERIFF'S RETURN - REGULAR CASE NO: 2007-05512 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUNTRUST MORTGAGE INC VS KUHN PAUL E 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 KUHN PAUL E the DEFENDANT , at 1926:00 HOURS, on the 26th day of September, 2007 at 1000 WEST FOXCROFT DRIVE CAMP HILL, PA 17011 by handing to JANE CHRONISTER ADULT IN CHARGE 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 18.00 Service 14.40 Affidavit .00 Surcharge 10.00 .00 i bI30/a 7 L /'42.40 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 09/27/2007 PHELAN HALLINAN SCHMIEG p By: / I/( epyfty "Sh A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-05512 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUNTRUST MORTGAGE INC VS KUHN PAUL E 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 KUHN KATHRYN P the DEFENDANT at 1926:00 HOURS, on the 26th day of September, 2007 at 1000 WEST FOXCROFT DRIVE CAMP HILL, PA 17011 by handing to JANE CHRONISTER, ADULT IN CHARGE 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 Iol3o?D? .00 16.00 Sworn and Subscibed to before me this of So Answers: day R. Thomas Kline 09/27/2007 PHELAN HALLINAN SCHMIEG By: A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-05512 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUNTRUST MORTGAGE INC VS KUHN PAUL E 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 CHRONISTER CHRIS A the DEFENDANT , at 1926:00 HOURS, on the 26th day of September, 2007 at 1000 WEST FOXCROFT DRIVE CAMP HILL, PA 17011 JANE CHRONISTER by handing to ADULT IN CHARGE 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00- Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 09/27/2007 PHELAN HALLINAN SCHMIEG By: /,v D pu S r'ff A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-05512 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SUNTRUST MORTGAGE INC VS KUHN PAUL E ET AL R. 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 KUHN PAUL E but was unable to locate Him in his bailiwick. He therefore returns the 1-f171IMT T TTTm AAnnm unnv NOT FOUND , as to the within named DEFENDANT , KUHN PAUL E 422 GEARY AVENUE NEW CUMBERLAND, PA 17070 DEFENDANT IS TEMPORARILY LIVING AT 1000 W FOXCROFT DRIVE CAMP HILL. Sheriff's Costs: Docketing 6.00 Service 17.28 Not Found 5.00 Surcharge 10.00 .00 to'3bc1 L ? 38.28 Sworn and Subscribed to before me this day of So answers: R. Tlibmat'Kl ine Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 09/27/2007 A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-05512 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SUNTRUST MORTGAGE INC VS KUHN PAUL E ET AL R. 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 KUHN KATHRYN P but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , KUHN KATHRYN P 422 GEARY AVENUE NEW CUMBERLAND, PA 17070 DEFENDANT IS TEMPORARILY STAYING AT 1000 W FOXCROFT DRIVE CAMP HILL. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 10130)b?"' .00 21.00 So answe R. Thom" S Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 09/27/2007 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-05512 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SUNTRUST MORTGAGE INC VS KUHN PAUL E ET AL R. 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 CHRONISTER CHRIS A but was unable to locate Him in his bailiwick f"rnA/fnT T TTTm Trtnnm z nnT, He therefore returns the NOT FOUND , as to the within named DEFENDANT , CHRONISTER CHRIS A 422 GEARY AVENUE NEW CUMBERLAND, PA 17070 DEFENDANT LIVES AT 1000 W FOXCREOFT DRIVE CAMP HILL. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 21.00 So answers : R. Thomas Kline Sheriff of Cumberland County 00/00/0000 Sworn and Subscribed to before me this day of 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 (215) 563-7000 Suntrust Mortgage, Inc. Paul E. Kuhn Kathryn P. Kuhn Chris A. Chronister Jane E. Chronister TO THE PROTHONOTARY: PRAECIPE : Court of Common Pleas : Civil Division Cumberland County : No.07-5512-C.T. 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. X -Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and without prejudice. X-1 Date: f l Z bo Plaintiff vs. Defendant(s) rrancis N. Hallman, hsquire Attorney for Plaintiff ATTORNEY FOR PLAINTIFF PHS# 160312 :Zt'