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Home My WebLink About07-6313PHELAN 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 164162 GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 V. Plaintiff DENNIS F. BISHOP 341 WALTON STREET LEMOYNE, PA 17043 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. O - &3N C CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE Filet!: 164162 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 #: 164162 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 #: 164162 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 #: 164162 1. Plaintiff is GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es) of the Defendant(s) are: DENNIS F. BISHOP 341 WALTON STREET LEMOYNE, PA 17043 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/17/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR USAA FEDERAL SAVINGS BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1948, Page: 675. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 05/01/2007 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 #: 164162 6. The following amounts are due on the mortgage: Principal Balance $135,695.80 Interest $4,905.90 04/01/2007 through 10/24/2007 (Per Diem $23.70) Attorney's Fees $1,250.00 Cumulative Late Charges $243.70 04/17/2006 to 10/24/2007 Cost of Suit and Title Search $550.00 Subtotal $142,645.40 Escrow Credit $0.00 Deficit $787.54 Subtotal $787.54 TOTAL $143,432.94 7 8. 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. 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. File #: 164162 9. The mortgage premises are vacant and abandoned. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $143,432.94, together with interest from 10/24/2007 at the rate of $23.70 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. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 164162 ALL THAT CERTAIN tract of land in the Borough of Lemoyne, County -of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to-wit: BEGINNING at a point in the northern right of way line of Walton Street at corner of lauds now or formerly of Earl Fawber, also known as 343 Walton Street; thence along lands now or formerly of Fawber, North 43 degrees West, 217.80 feet to an iron pin; thence along Lot No. 1A, as shown on plan, South 47 degrees West, 25 feet to an iron pin; thence along lands now or formerly of Ann Peters, North 43 degrees 00 minutes West, 54.80 feet to a point at lands conveyed now or formerly to Robert W. Farver, et ux; thence along lands now or formerly of Robert W. Farver North 47 degrees East, 50 feet to a point in lands now or formerly of Terry L. Volovski et ux; thence along lands now or formerly of Volovski and lands now or formerly of Kaaren Fortenbaugb South 43 degrees East, 270.60 Beet to an iron pin on legal right of way line of Walton Street; thence along Walton Street South 47 degrees West, 25 feet to a point, the place of beginning. BEING known as 341 Walton Street, Lemoyne, PA as set forth on plan of Dotaald E, Fawber as Lot No. 1, prepared by Biscon Land Surveying Co., Inc. and recorded in Cumberland County Plan Book 70, page 16. 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 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 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 unworn falsifications to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: Ya R, ? d cr? t ? ?? ? vJ GMAC Mortgage, LLC, Plaintiff V. Dennis F. Bishop, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No.: 07-6313 Defendant : Civil Action - Mortgage Foreclosure SUGGESTION OF BANKRUPTCY To the Prothonotary of Cumberland County, Pennsylvania Kindly note upon the record that Dennis F. Bishop, the Defendant in the above-ca action, filed a Voluntary Petition in Bankruptcy with the United States Bankruptcy phoned Middle District of Pennsylvania at Harrisburg, PA on October 25, 2007, which Pe' Court for the docketed to 1-07-03409. Petition was PURSUANT TO THE PROVISIONS OF 11 U.S.C. §362, AN AUTOMATIC IS IN EFFECT FOR ALL PROCEEDINGS INVOLVING THE ABOVE-NA STAY DEFENDANT. MED CERTIFICATE OF SERVICE I hereby certify that I have caused the foregoing to be served by mailing the same date by regular first class United States mail on this postage prepaid as follows: Phelan Hallinan & Schmieg, LLP One Penn Center Plaza, Ste. 1400 Philadelphia, PA 19103 Date: November 20, 2007 By: Charles A. Bierbach, Esquire Chapter 7 Trustee Bierbach, McDowell & Zanic 113 Fourth Street Huntington, PA 16652 Capozzi and N L %' W - -I-' em , Esquire Attorney 87441 2933 N. Front Street Harrisburg, PA 17110 (717) 233-4101 Attorney for Defendant C7 0 C o 0 t -.= --t G f., Fn ...?.. N 7 .. ?-, r t'i 2=` f?tt CA7 •• d C? -G SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-06313 P COMMONTWEAI;TH OF PENNSYLVANIA COUNTY'OF CUMBERLAND GMAC MORTGAGE LLC VS BISHOP DENNIS F 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 BISHOP DENNIS F but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT , BISHOP DENNIS F 341 WALTON STREET LEMOYNE, PA 17043 341 WALTON STREET LEMOYNE IS VACANT WITH "FOR SALE" SIGN IN YARD. Sheriff's Costs: So answ r--- Docketing 18.00 Service 16.32 Not Found 5.00 R. T m Kline Surcharge 10.00 Sheriff of Cumberland County 00 4 9.32 PHELAN HALLINAN SCHMIEG 12/12/2007 Sworn and Subscribed to before me this day of , A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-06313 P COMMONWEALTH OF PENNSYLVANIA: COUNTY'OF CUMBERLAND GMAC MORTGAGE LLC VS BISHOP DENNIS F R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: BISHOP DENNIS F but was unable to locate Him deputized the sheriff of FRANKLIN serve the within COMPLAINT - MORT FORE in his bailiwick. He therefore County, Pennsylvania, to On December 12th , 2007 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: So answ Docketing 6.00 /?- Out of County 9.00 ` Surcharge 10.00 R. Thomas Kline Dep Franklin Co 27.05 Sheriff of Cumberland County Postage .75 52 . 8 0 12/12/2007 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of A. D. In The Court of Common Pleas of?Cumberland. County, Pennsylvania GMAC Mortgage LLC vs. Dennis F. Bishop Now, October 29, 2007 hereby deputize the Sheriff of No. 07-6313 civil I, SHERIFF OF CUMBERLAND COUNTY, PA, do Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, t °? Moo e ?A teC , 2007 , at C,411 o'clock ? M. served the within C-rrA?1N\-1 Coo,XkA upon ?jcrn,s F Q?S?,o? at ?JeST C?a ps%lec? ,Je\ PF l7 Lit by handing to \?)ev\ 5 Q S ?? a C e r +Q,,e copy of the original and made known to O e n n, s K--• ?, S ? vl0 the contents thereof. tprp. - Sworn and subscribed before me this 1 q day of , 20 0 7 /L.?' Notarial Seal Richard D. McCa y, Notary " st% Cham.",erstuig 2t,.re, My Commission Ex-'. -- ?3 2cauc,,Q ol. 0` S ? PrI O Sheriff of County, PA So answers, COSTS SERVICE $ MILEAGE AFFIDAVIT 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 COURT OF COMMON PLEAS CIVIL DIVISION V. DENNIS F. BISHOP CUMBERLAND COUNTY NO. 07-6313 CIVIL TERM PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan and Schmieg, LLP By: -'W : 4 - XA-? Francis S. Hallinan, Esquire Lawrence T. Phelan, Esquire Daniel G. Schmieg, Esquire Dated: File* 164162 VERIFICATION hereby states that he/she is of GMAC MORTGAGE, L , 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. I DATE: / Z" Company: GMAC MORTGAGE, LLC Loan:0702099314 File #: 164162 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 COURT OF COMMON PLEAS CIVIL DIVISION V. DENNIS F. BISHOP CUMBERLAND COUNTY NO. 07-6313 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Praecipe to Substitute Verification was sent via first class mail to the following on the date listed below: DENNIS F. BISHOP 341 WALTON STREET LEMOYNE, PA 17043 FRANCIS S. iVHA!/ILLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL S. SCHMIEG, ESQUIRE Attorney for Plaintiff Dated: ? 1g d C? jv Ca 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 GMAC Mortgage, LLC Dennis F. Bishop Plaintiff vs. Defendant(s) PRAECIPE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 07-6313 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. 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: -S,/, 14 4 V Francis S. Hall nan, Esquire Attorney for Plaintiff PHS# 164162 ?a C c -?, 1_ !.3 r 7 cn a I