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HomeMy WebLinkAbout08-1977I/ 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 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 175570 CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 Plaintiff V. ERIC I. ABRAMSON TIFFANY A. ABRAMSON A/K/A TIFFANY ANN ABRAMSON 1417 CREEK ROAD BOILING SPRINGS, PA 17007 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 08- IQg7 by(i karm CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 175570 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 #: 175570 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 #: 175570 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 #: 175570 Plaintiff is CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 2. The name(s) and last known address(es) of the Defendant(s) are: ERIC I. ABRAMSON TIFFANY A. ABRAMSON A/K/ATIFFANY ANN ABRAMSON 1417 CREEK ROAD BOILING SPRINGS, PA 17007 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/20/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1802, Page 3326. Said Mortgage was re-recorded on 05/13/2003 in Mortgage Book No. 1811, Page 1633. 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 09/01/2007 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 #: 175570 6 The following amounts are due on the mortgage: Principal Balance $129,167.44 Interest $5,029.63 08/01/2007 through 03/27/2008 Attorney's Fees $1,250.00 Cumulative Late Charges $0.00 03/20/2003 to 03/27/2008 Cost of Suit and Title Search 550.00 Subtotal $135,997.07 Escrow Credit $0.00 Deficit $1,478.16 Subtotal $1,478.16 TOTAL $137,475.23 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. 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 #: 175570 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $137,475.23, together with interest from 03/27/2008 at the rate of $21.17 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. PHELAN HALLINAN & SCHMIEG, LLP By LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE Attorneys for Plaintiff File #: 175570 LEGAL DESCRIPTION ALL THOSE CEHTAIN tracts of land situate in M011r0c Township, Cumberland County, Pennsylvania, bounded and described as follows: $EGINNING at a point in line of other land now or formerly of James L. Shumberger and Shirley L. Shumberger, his wife, said point lying ort the, southern edge of the pro-existing right-of-way line for Township Road T-650, Creek Road, said port also being 179.04 feet from a P.K_ nail in the center of the intelrsection of Township Road T-650 and Township Road T451; thencc by other land now or formerly of Jamcs,L. S.humberger and Shirley L. ShumberW, his wife, and degrees 17 minutes 04 seconds Wes 40 fleet Foss Tovvnslup Road T-650; North 03 to a point at the low water line of the Yellow Breeches Creels; thence by the low water line of the Ye110w Breeches. 21.04 feet to a .G?eak, South 76 degrees 27 minutes 44 seconds Fast, point in said low water line; thence by the same, North 87 de FAst,108.62 feet to a point at corner of Lot No, 1- on the hereinafter mentioned P 4of Lots thence by he same. South 01 degree 58 minutes 00 seconds East, 218.78 feet to an iron pin on the northem edge of a 20 foot wide private right-of-way shown on the hOmnaftcr mentioned Plan of Lots; thence by said private right- of-way. South 78 degrees 29 nijuutes 56 seconds West, 125 feet to an iron pin at corner of other land now or formerly of James L. Shumbcrger and Shirley L. Shumberger, his wife; thence by the same, North 03 degrees 17 minutes 04 seconds West, 204.61 feet to an iron pin, the place of BEGINNING. CONTAINING .6639 acre, more or less. BUNG Lot No. 2 on the Plan of Lots of Marie D. Shumberger, recorded in Cumberland County Plan Book 37, page 71, UNDER AND SUBJECT, NEVERTnELESS, to building and use conditions and restrictions and a night-of--way for Township Road T-650 as set forth on said Plan of Lots. BEING known and numbered as 1417 Creek Road, Boiling Springs, Pennsylvania. BEXMG THE SAME PREMISES which Marie D. Shumberger, widow, by Deed dated Pebnkary 22, 1980, and recorded February 25, 1980, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed W, Volumeherein. 28, 122 Shirley L. Shumberger his wife, Grrantom , granted and conveyod unto James L. Shumberger and File #: 175570 BEGINNJNG at a point on the north side of a gravel drive and in the approximate center of a road at line of land now or formerly of Wilmer Harris; thence by said Harris land and by the center of the said road, Notth 43 degrees West 282.13 feet to a point; thence North 15 degrees 15 minutes East 64 feet to a point on the bank of the Yellow Breeches Creek; thence by the bank of the Yellow Breeches Creek, South 61 degrees 7 minutes East 167.85 feet to a point; thence by land now or formerly of Lee W_ Shumberger and Marne D. Shumberger, South 3 degrees 43 minutes East 241 feet to a point on the north side of the said gravel drive; thence by the same, South 81 degrees 4 minutes West -165 feet to a point, the place of BEGINNING. The above description is taken from a survey made by Noel B. Smith, Registered Surveyor. PARCEL NO. 22-12-0348-004 PROPERTY BEING: 1417 CREEK ROAD File #: 175570 VERIFICATION I hereby state that I am the 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 I am 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 my 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. Attorney for Plaintiff DATE: 3Z?? -g R ; *k I O , ov .C b co .? wry ` SHERIFF'S RETURN - REGULAR CASE NO: 2008-01977 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE HOME FINANCE LLC VS ABRAMSON ERIC I ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT"FORE was served upon ABRAMSON ERIC I the DEFENDANT , at 1857:00 HOURS, on the 2nd day of April 2008 at 1417 CREEK ROAD BOILING SPRINGS, PA 17007 by handing to TIFFANY A ABRAMSON, SPOUSE 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 7.00 Affidavit .00 Surcharge 10.00 00 ???p??0?' ?, 35.00 Sworn and Subscibed to before me this day of , So Answers: r f . R. Thomas Kline 04/03/2008 PHELAN HALLINAN SCHMIEG By: L?,f7Z/ Deputy Sheriff A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-01977 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE HOME FINANCE LLC VS ABRAMSON ERIC I ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ABRAMSON TIFFANY A AKA TIFFANY ANN ABRAMSON the DEFENDANT , at 1857:00 HOURS, on the at 1417 CREEK ROAD BOILING SPRINGS, PA 17007 TIFFANY A ABRAMSON 2nd day of April , 2008 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 1-1 bf)Df .00 16.00 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 04/03/2008 PHELAN HALLINAN SCHMIEG By: Deput Sheriff A. D.