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HomeMy WebLinkAbout08-5852 PHELAN HALLINAN & SCHMIEG, LLP WRENCE T. PHELAN, ESQ., Id. No. 32227 v'PRANCIS 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 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 187399 GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff V. SHIRLEY F. SHUPP KARYN L. MILLER 306 NORTH 25TH STREET CAMP HILL, PA 17011-3612 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM No. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 187399 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 #: 187399 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 #: 187399 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 #: 187399 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: SHIRLEY F. SHUPP KARYN L. MILLER 306 NORTH 25TH STREET CAMP HILL, PA 17011-3612 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/28/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CHARTER ONE MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1740, Page 2929. 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. 5. 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 #: 187399 6. The following amounts are due on the mortgage: Principal Balance $84,249.56 Interest $2,365.23 05/01/2008 through 09/24/2008 (Per Diem $16.09) Attorney's Fees $1,250.00 Cumulative Late Charges $138.12 11/28/2001 to 09/24/2008 Cost of Suit and Title Search 550.00 Subtotal $88,552.91 Escrow Credit $0.00 Deficit $1,104.84 Subtotal $1,104.84 TOTAL $89,657.75 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 #: 187399 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 $50,000.00 WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $89,657.75, together with interest from 09/24/2008 at the rate of $16.09 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 & By: AWRENCE T. P ELAN, ESQUIRE ?RANCIS S. HALLINAN, ESQUIRE 47.4-c DANIEL 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 #: 187399 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land, situate in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at an iron pin the center of the north end of Locust Avenue, as laid down on the Plan of Borough of Camp Hill, said Locust Avenue now being known as Twenty-fifth Street; thence south 84 degrees 30 minutes west, by land now or late of M.N. Bowman, one hundred fifty-six and one tenth (156.1) feet to a stake on line of land now or late of George Musser; thence by the same, north 7 degrees 55 minutes west, fifty-nine (59) feet to a point; thence by land now or late of George M. Bordner, and through the center of the partition between property herein described and adjoining property, north 84 degrees 30 minutes east, one hundred fifty-six and one tenth (156.1) feet to a point on Twenty-fifth Street, aforesaid; thence by the same, south 7 degrees 55 minutes east, fifty-nine (59) feet to the place of BEGINNING. HAVING THEREON ERECTED a two and one-half (2 1/2) story dwelling house and out buildings, being the southern half of a double house, now known as No. 306 North Twenty-fifth Street, Camp Hill, Pennsylvania. PARCEL#: 01-20-1852-264 File #: 187399 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 unworn falsifications to authorities. t Attorney for P ainti ?Z??S DATE: *Z-?(c n N --a Fill ? ? 1 tJ.l J ' k ? o - -?' SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-05852 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS SHUPP SHIRLEY 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 nT TT TT TI P+T T T T]T 7-1 XT L, to wit: but was unable to locate Her deputized the sheriff of DAUPHIN serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On October 15th , 2008 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answer Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. Thomas Klin -- Dep Dauphin Co 66.50 Sheriff of Cumberland County Postage 1.68 ? /b/? a`D? 93.18 10/15/2008 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of in his bailiwick. He therefore A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-05852 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS SHUPP SHIRLEY 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 ANR T T TT'f VT T] VAT T to wit: but was unable to locate Her deputized the sheriff of DAUPHIN serve the within COMPLAINT - MORT FORE On October 15th , 2008 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answe r--- Docketing 6.00 ?•, Out of County .00 Surcharge 10.00 R. Thomas K ine .00 Sheriff of Cumberland County .00 16.00 ? in/aa/6? ?,. 10/15/2008 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of County, Pennsylvania, to in his bailiwick. He therefore A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-05852 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS SHUPP SHIRLEY F NOAH CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE SHUPP SHIRLEY F was served upon the DEFENDANT , at 2030:00 HOURS, on the 14th day of October , 2008 at 306 NORTH 25TH STREET CAMP HILL, PA 17011-3612 KARYN L MILLER, DAUGHTER 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 18.00 Service 14.00 Affidavit .00 Surcharge 10.00 .00 /?1a.2f (7S! L ?l 42.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 10/15/2008 PHELAN HALLINAN SCHMIEG By: Deputy Sheriff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-05852 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS SHUPP SHIRLEY F NOAH CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE MILLER KARYN L was served upon the DEFENDANT , at 2030:00 HOURS, on the 14th day of October , 2008 at 306 NORTH 25TH STREET CAMP HILL, PA 17011-3612 KARYN L 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 101 c, r 1?- 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 10/15/2008 PHELAN HALLINAN SCHMIEG By: Deputy Sheriff of A. D. In The Court of Common Pleas of 4 ;,timberland County, Pennsylvania, GMC Mortgage LLC VS. Shirley F. Shupp et al No 08-5852 civil No. SERVE: Shirley F. Shupp Now, October 6, Zoos I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin 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, , 20 at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sworn and subscribed before me this day of , 20 Sheriff of County, PA COSTS SERVICE $ MILEAGE AFFIDAVIT (Atfite of the ?herfrj Mary Jane Snder Real Estate Depu ; William T. Tully Solicitor t Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy GMAC MORTGAGE LLC VS SHIRLEY F SHUPP Sheriff s Return No. 2008-T-2141 OTHER COUNTY NO. 085852 And now: OCTOBER 10, 2008 at 12:10:00 PM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon SHIRLEY F SHUPP by personally handing to SHIRLEY F SHUPP 1 true attested copy of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 4824 SWEETBRIAR TERRACE HARRISBURG PA 17111 Sworn and subscribed to before me this 13TH day of October, 2008 flighske, `bU pbin CoM Co Ssion Ex = S So Answers, On F AA? NOTA(tIAL SEAL MARY JANE' SNYDER, NoF]2 Sheriff of , By Deputy Sheriff Deputy: S WEVODAU Sheriffs Costs: $66.5 10/8/2008 In The Court of Common Pleas of Cumberland. County, Pennsylvania GMAC Mortgage LLC vs. Shirley F. Shupp et al No. 08-5852 civil SERVE: Karyn L. Miller a copy of the original So answers, the contents thereof. sheriff of Now, October 6, 2008 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin 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, , 20 at o'clock within upon at M. served the by handing to and made known to Sworn and subscribed before me this day of , 20 COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA (Atli-tit of the c$hcrfrf Mari Jane Snder 1 Estate Depu William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin GMAC MORTGAGE LLC VS SHIRLEY F SHUPP Sheriffs Return No. 2008-T-2141 OTHER COUNTY NO. 085852 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for KARYN L MILLER the DEFENDANT named in the within COMPLAINT IN MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, OCTOBER 13, 2008. DEFT DOES NOT LIVE AT THIS ADDRESS; DEFT LIVES AT 306 NORTH 26TH STREET, CAMP HILL (CUMBERLAND COUNTY) PER SHIRLEY SHUPP Sworn and subscribed to before me this 13TH day of October, 2008 'NOTARIAL SFAL ARY JANE SNYDER, Notary Publi Higbspire, Dauphin County [My Commission ires Sept 1 2010 So Answers, Sheri ff of ow Pa. By Deputy Shenff Deputy: S WEVODAU Sheriffs Costs: $66.5 10/8/2008 r 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. SHIRLEY F. SHUPP KARYN L. MILLER Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-5852-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 Attorne or Plaintiff B ?T)'j Francis S. Hallinan, Esquire Date: 10/27/08 PHS #: 187399 Jeffrey Stephan hereby states that he/she is Limited S' VERIFICATION of GMAC MORTGAGE, LLC, servicing agent for Plaintiff, GMAC MORTGAGE, LLC, 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: rr./ N Title: Jay Stephan Limited Signing Officer Company: GMAC MORTGAGE, LLC Loan:0357302615 File #: 187399 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. SHIRLEY F. SHUPP KARYN L. MILLER Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-5852-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: SHIRLEY F. SHUPP 306 NORTH 25TH STREET CAMP HILL, PA 17011-3612 KARYN L. MILLER 306 NORTH 25TH STREET CAMP HILL, PA 17011-3612 Phelan Hallinan & Schmieg, LLP Attornfor Plaintiff By: Francis S. Hallinan, Esquire Date: 10/27/08 t CD 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 at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division vs CUMBERLAND County SHIRLEY F. SHUPP No. 08-5852-CIVIL TERM KARYN L. MILLER PHS# 187399 Defendant PRAECIPE TO THE PROTHONOTARY: 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. Date: November 17, 2008 Francis S. Hallinan Attorney for Plaintiff ?' `?' ? 4: l ?.? --i '_- a. 3?. ?:?'d } ........... -? .. ... y s^„ ... _. ,..