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Home My WebLink About08-2814PHELAN 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 177227 GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 V. Plaintiff WILLIAM T. PHILLIPY PATRICIA R. PHILLIPY 236 ERFORD ROAD CAMP HILL, PA 17011 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 08 - 01814 Civi I Term CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 177227 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 #: 177227 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 #: 177227 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 #: 177227 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: WILLIAM T. PHILLIPY PATRICIA R. PHILLIPY 236 ERFORD ROAD CAMP HILL, PA 17011 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 01/25/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR QUICKEN LOAN, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1939, Page 0642. The 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2007 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 #: 177227 6. The following amounts are due on the mortgage: Principal Balance $139,867.78 Interest $5,748.00 11/0 1 /2007 through 04/3 0/2008 Attorney's Fees $1,250.00 Cumulative Late Charges $347.60 01/25/2006 to 04/30/2008 Cost of Suit and Title Search $550.00 Subtotal $147,763.38 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $147,763.38 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 person am 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 #: 177227 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 $147,763.38, together with interest from 04/30/2008 at the rate of $28.74 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 Y LAWRENCE T. PHE A , ESQUIRE FRANCIS S. HALL , 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 #: 177227 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a monument at the northeast corner of Erford Road and Paddock Lane; thence along the eastern side of Erford Road, North 30 degrees 02 minutes 04 seconds West a distance of 43.46 feet to a point; thence continuing along the eastern side of Erford Road, North 26 degrees 41 minutes 08 seconds West, a distance of 242.80 feet to a point; thence continuing along the eastern side of Erford Road, North 23 degrees 20 minutes 19 seconds West, a distance of 105.13 feet to a point along lots of Edan Place West in Plan Book 13, Page 14; thence along the lots of Edan Place West, North 60 degrees 31 minutes 54 seconds East, a distance of 267.01 feet to a point; thence along lots shown on Phase II of Sundown Farm Estates, South 28 degrees 15 minutes 00 seconds East, a distance of 160.57 feet to a point; thence continuing along lots of Sundown Farm Estates, South 61 degrees 45 minutes 00 seconds West, a distance of 10.46 feet to a point; thence continuing along lots of Sundown Farm Estates, South 28 degrees 15 minutes 00 seconds East, a distance of 51.00 feet to a point; thence continuing along lots of Sundown Farm Estates, South 61 degrees 45 minutes 00 seconds West, a distance of 10.00 feet to a monument; thence continuing along Lot # 17 of Sundown Farm Estates, South 28 degrees 15 minutes 00 seconds East, a distance of 89.00 feet to a point; thence continuing along line of Lot # 18 of Sundown Farm Estates, South 28 degrees 15 minutes 00 seconds East, a distance of 96.00 feet to a concrete monument on the northern side of Paddock Lane; File #: 177227 Thence along the northern side of Paddock Lane, South 61 degrees 45 minutes 00 seconds West, a distance of 260.77 feet to a monument at the Northeast corner of Erford Road and Paddock Lane, the point and place of BEGINNING. CONTAINING 2.4086 acres and having thereon erected a two story brick residence, barn and other buildings known as 236 Erford Road. Being Lot No. 1 on the Final Subdivision Plan of Sundown Farm Estates, Phase II, prepared by Whittock and Hartman, dated August 14, 1986, revised September 11, 1986, and recorded October 31, 1986, in the Cumberland County Recorder of Deeds Office in Plan Book 51, Page 85. BEING the same premises which Lewis V. Kost and Winifred S. Kost, husband and wife, by Deed dated June 27, 1988, and recorded June 29, 1988 in the Office of Recorder of Deeds of Cumberland County in Record Book K, Volume 33, Page 802, conveyed to William G. Rehkop and Judith L. Rehkop, the Grantors herein. LESS AND EXCEPTING THEREFROM that certain piece of land conveyed unto Thomas Glover and Margery L. Glover, his wife, by deed of William G. Rehkop and Judith L. Rehkop, his wife, dated October 28, 1994 and recorded May 6, 1996 in Deed Book 138, Page 948 in the Cumberland County Recorders Office. Being Lot A, Plan of Sundown Farm Estates, Phase II, recorded in Cumberland County Plan Book 61, Page 78 containing 1,051.96 square feet or 0.0241 acre. ALL THAT CERTAIN tract or parcel of land situate in the Township of East Pennsboro, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: File #: 177227 BEGINNING at a point being an iron pin on the southern right of way line of Clover Road, said point being the northeast corner of Lot No. 16 on the hereinafter mentioned Plan of Lots; thence along the southern right of way line of Clover Road along a curve to the left having an arc length of 61.03 feet and a radius of 150 feet to a point being an iron pin on the southern right of way line of Clover Road; thence South 61 degrees 45 minutes 00 seconds West a distance of 16.07 feet to a point; thence North 28 degrees 15 minutes West a distance of 60.00 feet to a point being an iron pin; thence North 60 degrees 31 minutes 54 seconds East a distance of 9.00 feet to a point, the point and place of BEGINNING. CONTAINING 628.32 square feet or 0.0144 acre. BEING Lot 'B' on a Final Subdivision Plan of Lots #1 and #16 of Sundown Farm Estates Phase II for Thomas Glover and Margery L. Glover and William G. Rehkop and Judith L. Rehkop recorded in Cumberland County Plan Book 61, Page 78. BEING the same premises which Thomas Glover and Margery L. Glover, by Deed dated March 8, 1996, and recorded May 6, 1996, in the Office of Recorder of Deeds of Cumberland County in Deed Book 138, Page 951, conveyed to William G. Rehkop and Judith L. Rehkop, the grantors herein. PARCEL NO: 09-18-1304-020 PARCEL NO: 09-18-1304-020/02 PROPERTY ADDRESS: 236 ERFORD ROAD File #: 177227 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 Plainti ?I 0 DATE: ?O a -6? 00 - W .1 -p 0 Lo E,3 J V CASE NO: 2008-02814 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS PHILLIPY WILLIAM T ET AL MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PHILLIPY WILLIAM T the DEFENDANT , at 0013:27 HOURS, on the 6th day of May , 2008 at 236 ERFORD ROAD CAMP HILL, PA 17011 - T T T r -r T T) T I TT T T T T n N7 by handing to WIFE OF WILLIAM PHILLIPY 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 15.00 Affidavit .00 Surcharge 10.00 .00 43.00- Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 05/07/2008 PHELAN HALLINAN & EIG By: e uty Sh iff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-02814 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS PHILLIPY WILLIAM T ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon UT4TT.T.T1DV AATRTrTA R the DEFENDANT , at 0013:27 HOURS, on the 6th day of May , 2008 at 236 ERFORD ROAD CAMP HILL, PA 17011 by handing to PATRICIA R. PHILLIPY DEFENDANT 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 .5 /Ve8 16.00 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 05/07/2008 PHELAN HALLINAN S IG ty Sh-erif A. D. PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 GMAC MORTGAGE, LLC Plaintiff VS. WILLIAM T. PHILLIPY PATRICIA R. PHILLIPY Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2814 CIVIL TERM CUMBERLAND COUNTY 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 & Schmieg, LLP Attorney for Plaintiff By: Francis S. Hallinan, Esquire Date: 6/4/08 PHS #: 177227 M VERIFICATION Kristine Wilson limited 9nnina Officer hereby states that he/she is of GMAC MORTGAGE, LLC, 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 unworn falsification to authorities. DATE: 4. - O D Name: Title: NO Signing Of llm Company: GMAC MORTGAGE, LLC Loan:8601485111 File #: 177227 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 GMAC MORTGAGE, LLC Plaintiff VS. WILLIAM T. PHILLIPY PATRICIA R. PHILLIPY Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2814 CIVIL TERM CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiff s Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: WILLIAM T. PHILLIPY PATRICIA R. PHILLIPY 236 ERFORD ROAD CAMP HILL, PA 17011 Date: 6/4/08 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By. Francis S. Hallinan, Esquire m Mc 0 r..3 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 William T. Phillipy Patricia R. Phillipy Plaintiff vs. Defendant(s) PRAECIPE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 08-2814 CIVIL TERM X 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. Please withdraw the complaint and mark the action discontinued ended without prejudice. i /1 / Date: 6 1 d rancis S. H llinan, Esquire Attorney for Plaintiff PHS# 177227 5 1 ]j 17, <';.? . .? = _n fro F?y ty ? _.Zl