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Home My WebLink About08-56950/ Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM 6, /'V 1 , NO. U-S-U CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 YICHELE M. BRADFORD, ESQ., Id. No. 69849 ,4UDTTH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 LAUREN R. TABAS, ESQ., Id. No. 93337 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 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 . 187532 GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 V. Plaintiff CLYDE E. MILLER LYNNE D. MILLER 110 BOYER STREET SUMMERDALE, PA 17093 File #: 187532 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 #: 187532 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 File #: 187532 THE LAW PROVIDES THAT YOUR ANSWER TO THIS 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 #: 187532 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: CLYDE E. MILLER LYNNE D. MILLER 110 BOYER STREET SUMMERDALE, PA 17093 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/24/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR HOMECOMINGS FINANCIAL, LLC F/K/A HOMECOMINGS FINANCIAL NETWORK, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200737777. 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 06/01/2008 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 #: 187532 6 The following amounts are due on the mortgage: Principal Balance $113,814.99 Interest $3,195.78 05/01/2008 through 09/24/2008 (Per Diem $21.74) Attorney's Fees $1,250.00 Cumulative Late Charges $112.80 09/24/2007 to 09/24/2008 Property Inspections $13.00 Cost of Suit and Title Search 550.00 Subtotal $118,936.57 Escrow Credit $0.00 Deficit $416.33 Subtotal 416.33 TOTAL $119,352.90 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 #: 187532 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. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $119,352.90, together with interest from 09/24/2008 at the rate of $21.74 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 BkWRENCLI ?. / T. PHEL , ESQUIRE S S. HALLINAN, ESQUIRE G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 187532 LEGAL DESCRIPTION ALL that certain piece or tot of ground situate in the Township of East Pennsboro, in the County of Cumberland, the State of Pennsylvania, being Lot Number 82, Section'C', in the Plan of Summerdale, Pennsylvania, as recorded in the Office for the Recording of Deeds in and for the County of Cumberland, at Carlisle, Pennsylvania, in Plan Book Number 1, Page 44 (Revised Plan Book Number 2, Page 109) being more particularly bounded and described as follows, to wit: BEGINNING at a point at the Southeastern corner of Lot Number 83, said point being on the North side of Boyer Street; thence, in a Northerly direction along the line dividing Lots Numbers 82 and 83, a distance of One Hundred Fifty (150) feet, to a point on the South side of a twelve (12) feet wide alley; thence, in an Easterly direction along the South edge of said twelve (12) feet wide alley, a distance of Fifty (50) feet, to a point on the South side of said twelve (12) feet wide alley, said point also being the Northwest corner of Lot Number 81; thence in a Southerly direction along the line dividing Lots Numbers 81 and 02, a distance of One Hundred Fifty (150) feet, to a point on the North side of Boyer Street, said point also being the Southwest corner of Lot Number 81; and thence, in a Westerly direction along the North side of Boyer Street, a distance of fifty (50) feet to a point, the place of BEGINNING. HAVING thereon erected a two-story frame dwelling house. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions and rights-of-way of record. File #: 187532 IT BEING the same premises which Ronald E. Burger, Sr. and Beverly A. Burger, Husband and Wife, by deed dated the 6th day of January, 1995 and recorded on the 9th day of January, 1995 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 117 Page 345, granted and conveyed unto Clyde E. Miller and Lynne D. Miller, Husband and Wife, Grantors herein. PARCEL NO. 09-11-3004-044 PROPERTY BEING: 110 BOYER STREET File #: 187532 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 f am authorized to make this verification pursuant to PaKC.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 unworn falsifications to authorities. / . PYi??s+c.0 orney for Plain DATE. __Y- p? - it' r v^? ro r.s CrN E3 --?G SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-05695 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS MILLER CLYDE 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 and inquiry for the within named DEFENDANT MILLER LYNNE D to wit: but was unable to locate Her deputized the sheriff of PERRY serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On October 8th , 2008 , this office was in receipt of the attached return from PERRY Sheriff's Costs: So answe Docketing 6.00 '? Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Perry County 42.40 Sheriff of Cumberland County Postage 93 68.33 7' iC113)01 9, 10/08/2008 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of in his bailiwick. He therefore A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-05695 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS MILLER CLYDE E ET AL TIMOTHY BLACK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MILLER LYNNE D the DEFENDANT , at 1915:00 HOURS, on the 6th day of October , 2008 at 80 WINTER LANE ENOLA, PA 17025 LYNNE MILLER 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 So Answers: 6.00 .. ,, .. 15.00 .00 r 10.00 R. Thomas Kline .00 31.00 10/08/2008 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to before me this day By: N(puty Sheriff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-05695 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS MILLER CLYDE E ET AL NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MILLER CLYDE E the DEFENDANT , at 1530:00 HOURS, on the 1st day of October , 2008 at 110 BOYER STREET SUMMERDALE, PA 17093 CLYDE E MILLER by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge l0/13/6P 9p`. 18.00 15.00 .00 10.00 .00 ? 43.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 10/08/2008 PHELAN HALLINAN SCHMMIEG By: Deputy Sheriff A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania GMAC Mortgage LLC v5. Clyde E. Miller et al SERVE: Lynne D. Miller No. 08-5695 civil Now, September 29, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Pew' County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of Sworn and subscribed before me this day of , 20, 20 , at o'clock M. served the COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA SHERIFF'S RETURN In the Court of Common Pleas Of the 41St Judicial District of Pennsylvania- Perry County Branch No. 2008-5695 Cumberland County GMAC Mortgage LLC VS Lynne D.Miller 729 Valley St. Apt A Marysville, PA 17053 Carl E. Nace, Sheriff, who being duly sworn according to law, says that he made a diligent search and inquiry for the within named Defendant(s) to wit Lynne D. Miller, but was unable to locate him/her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure for the above named Defendant(s) Lynne D. Miller at 729 Valley St. Apt. A Marysville, PA 17053 NOT FOUND. DEFENDANT MOVED OVER 2 YEARS AGO. Sincerely, Sworn and subscribed to before me thiQrid_ day of &r-, 2008. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL MARGMET F. rUMNGER., No" Pub1c 81m. mi#eld Boro. Perry County Imy Commission Expires Feb.16 2012 Carl E. Nace Sheriff of Perry County Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff GMAC MORTGAGE, LLC Plaintiff vs CLYDE E. MILLER LYNNE D. MILLER Defendant Court of Common Pleas Civil Division r r i CUMBERLAND County No. 08-CIVIL-5695 r? t? c'. PRAECIPE TO THE HE PROTHONOTARY: I?/ Please -withdraw the complaint and mark the action Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. Please mark the in rem judgment Satisfied and the action Discontinued and Ended. q r\, / Date: U r? PHS# 187532 PHF.,LAN HALjINAN & SCHMIEG, LLP By:1/?'U'"? 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 R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C.Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE, LLC Plaintiff vs CLYDE E. MILLER LYNNE D. MILLER Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-CIVIL-5695 CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff's Praecipe was served by regular mail to the person(s) on the date listed below: CLYDE E. MILLER LYNNE D. MILLER 110 BOYER STREET SUMMERDALE, PA 17093-8020 Date:-V- ?9? 1/- By: /4/? L wrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, 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 R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 30895 Melissa J. Schemer, Esq., Id. No. 308912 Attorney for Plaintiff