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Home My WebLink About08-6358J 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 LAUREN R. TABAS, ESQ., Id. No. 93337 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 J*Y B. JONES, ESQ., Id. No. 86657 ,,DETER 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 185620 JPMORGAN CHASE BANK, N.A. 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 Plaintiff V. RYAN HIMES TABITHA HIMES 806 CHARLOTTE WAY ENOLA, PA 17025-1548 Defendants ATTORNEY FOR'PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM G1!(/"I NO. Of- 0 35d CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 185620 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 Compl?iint 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 ake 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 HRU14G 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 #: 185620 1. Plaintiff is JPMORGAN CHASE BANK, N.A. 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 2. The name(s) and last known address(es) of the Defendant(s) are: RYAN HIMES TABITHA HIMES 806 CHARLOTTE WAY ENOLA, PA 17025-1548 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/23/2007 mortgagor(s) made, executed and delivered a mortgage *Pon the premises hereinafter described to CHASE BANK USA, N.A. which mortgage is jrecorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instru>nent No. 200744413. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assighment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(8); 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 04/01/2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments aft?r a date specified by written notice sent to Mortgagor, the entire principal balance and all linterest due thereon are collectible forthwith. Fite #: 185620 6. The following amounts are due on the mortgage: Principal Balance $103,053.5'1 Interest $7,034.04 03/01/2008 through 10/20/2008 (Per Diem $30.06) Attorney's Fees $1,250.00 Cumulative Late Charges $287.40 10/23/2007 to 10/20/2008 Cost of Suit and Title Search 550. Subtotal $112,174.9$ Escrow Credit $0.00 Deficit $0.00 Subtotal 0.0 TOTAL $112,174.95 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee sot 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 rema?nmg principal balance in the event the property is sold to a third party purchaser at Shoriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an in erson judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its riot 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 perso> al liability discharged in bankruptcy, but only to foreclose the mortgage and sell t e mortgaged premises pursuant to Pennsylvania Law. File #: 185620 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $112,174.95, together with interest from 10/20/2008 at the rate of $30.06 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. r, 4-to?- ic"O" ca f m LAWRENCE T. PHELAN, ESQU FRANCIS S. HALLINAN, ESQ64 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 #: 185620 LEGAL DESCRIPTION All that certain unit in the property known, named and identified in the declaration plan referred to below as Westwood Village Condominium located in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, which has heretofore been submitted Ito the provisions of the Unit Property Act of Pennsylvania, Act of July 3, 163, P.L. 196, by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaration Creating and Establishing Westwood Village Condominium dated January 29, 1975, in Miscellaneous Book 213, Page 283 and amended by a certain First Amendment to declaration creating and establishing Westwood Village Condominium dated May 28, 1976, and recorded on June 22, 1976, in Miscellaneous Book 222, Page 729, and a certain Second Amendmentlto declaration creating and Establishing Westwood Village Condominium dated July 21, 1976, and recorded on July 26, 1976, in Miscellaneous Book 223, Page 343, and a Code of Regulations of Westwood Village Condominium dated January 29, 1975, and recorded on January 29, 1975, in Miscellaneous Book 213, Page 328, and amended by a certain First Amendment to Code of Regulations of Westwood Village Condominium dated May 28, 1976, and recorded on June 22, 1976, in Miscellaneous Book 222, Page 737 and declaration plan of Westwood,, Village Condominium dated January 29, 1975, and recorded on January 29, 1975, in Plan Book 26, Page 15, and amended by a certain First Amendment to declaration plan of Westwood Village Condominium dated July 21, 1976, and recorded on July 26, 1976, in Plan Book 28, Page 72, being designated on said declaration plan of Westwood Village Condominium as Unit No. 806, L18-TH4, Block 2, Building 3,. File #: 185620 Known as 806 Charlotte Way, Enola, Cumberland County, Pennsylvania, as more fully described in such declaration plan and declaration creating and Establishing Westwood Village Condominium, as the same appears of record as set forth above, including any almendments thereto, together with a proportionate undivided interest in the common elements (as defined in such declaration) of 1.587 percent. PARCEL NO: 09-12-2992-OOIA-U3806-2 PROPERTY ADDRESS: 806 CHARLOTTE WAY File M 185620 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 the 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. 4 179 Attorney for Plaintiff DATE: 16 'a t4 ' A C? na 'G' r +, 3 s M CJ --{ rnp--? i` c co r*o f ?k C '^ ' C\ w cc) J SHERIFF'S RETURN - NOT FOUND 'CASE NO: 2008-06358 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JPMORGAN CHASE BANK NA VS HIMES RYAN ET AL 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 HIMES RYAN but was unable to locate Him in his bailiwick. COMPLAINT - MORT FORE He therefore returns the the within named DEFENDANT , HIMES RYAN NOT FOUND , as to 806 CHARLOTTE WAY ENOLA, PA 17025 PER CURRENT RESIDENT, NO LONGER RESIDES HERE. PER POST OFFICE MOVED TO 2442 WALNUT STREET, HARRISBURG, PA 17103. Sheriff's Costs: Docketing 18.00 Service 16.00 Affidavit .00 Surcharge 10.00 Not Found 5.00 i1i17?OP?" 49.00 So answers: i e " R. Thoma Kline Sheriff of C erland County f PHELAN HALLINAN & SCHMIEG 11/06/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-06358 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JPMORGAN CHASE BANK NA VS HIMES RYAN ET AL 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 RIMES TABITHA but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT 806 CHARLOTTE WAY ENOLA, PA 17025 RIMES TABITHA NOT FOUND , as to PER CURRENT RESIDENT, NO LONGER LIVES HERE. PER POST OFFICE, MOVED TO PO BOX 155, MARYSVILLE, PA 17053. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 Not Found 5.00 ij/!216F ?- 21.00 So answers: R. Thoma Kline Sheriff of Cumberland County PHELAN HALLIAN & SCHMIEG 11/06/2008 Sworn and Subscribed to before me this day of A. D. Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, N.A. Plaintiff vs RYAN HIMES TABITHA HIMES Defendant Attorney For Plaintiff Court of Common Pleas CJ Civil Division - rrIt CUMBERLAND County • 7M a No. CIVIL-08-6358 ra ;R c PRAECIPE TO THE PROTHONOTARY: 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. Date: PHS# 185620 PHE N HALLIN & SCHMIEG, LLP By: L rence 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 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. 3089 Melissa J. Schemer, 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 JPMORGAN CHASE BANK, N.A. Plaintiff vs RYAN HIMES TABITHA HIMES Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. CIVIL-08-6358 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: RYAN HIMES TABITHA HIMES 806 CHARLOTTE WAY ENOLA, PA 17025-1548 Date: q-y---Il By: Lawrence 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 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 Attorney for Plaintiff