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Home My WebLink About08-6823 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 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 190867 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff V. JOSHUA A. DELLINGER APRIL M. LESHER 157 WEST VINE STREET SHIREMANSTOWN, PA 17011-6347 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CI DUI NO. QS- V"3 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 190867 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 (717) 249-3166 File #: 190867 Plaintiff is PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: JOSHUA A. DELLINGER APRIL M. LESHER 157 WEST VINE STREET SHIREMANSTOWN, PA 17011-6347 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/12/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PHH MORTGAGE SERVICES which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1735, Page 3917. By Assignment of Mortgage recorded 04/17/2002 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 686, Page 2190. 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 07/01/2008 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 #: 190867 6. The following amounts are due on the mortgage: Principal Balance $80,468.76 Interest $2,550.95 06/01/2008 through 11/10/2008 (Per Diem $15.65) Attorney's Fees $1,250.00 Cumulative Late Charges $70.14 10/12/2001 to 11/10/2008 Cost of Suit and Title Search 550.00 Subtotal $84,889.85 Escrow Credit $0.00 Deficit $403.04 Subtotal 403.04 TOTAL $85,292.89 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 #: 190867 9. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. 11. This action does not come under Act 91 of 1983 because the mortgage premise is not the principal residence of Defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $85,292.89, together with interest from 11/10/2008 at the rate of $15.65 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: -. AWREN E T. PrLAN, ESQUIRE RANCIS S. HALESQUIRE 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 #: 190867 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the westerly line of Kingsley Road seventy-eight and ninety-eight one-hundreths (78.98) feet north of the northwest corner of Kingsley and Norman Roads as shown on the Plan of Lots hereinafter mentioned, thence along Kingsley Road northwardly fifty- five (55) feet to a point; thence along other lands formerly of Elmer E. Zimmerman, now of N. P. Ninneman, Inc., westwardly one hundred sixty-four and ninety-four one-hundredths (164.94) feet to a point, the corner of Lot No. 7, Block 'T' on said Plan; thence along the latter lot southeastwardly eighty-five (85) feet to a point at the corner of Lot No. 8, Block 7% thence along the latter lot eastwardly one hundred (100) feet to a point, the place of BEGINNING. BEING Lot No. 9, Block 'T' on the Plan of Lots of a portion of Highland Park which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 5, Page 24. PARCEL#: 13-23-0545-157 PROPERTY BEING: 1181 KINGSLEY ROAD File M 190867 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. fff-$?Z ttorney or Plain DATE: 11-1"Q -O t s Q'i (D M, C) `W 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 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff VS. JOSHUA A. DELLINGER APRIL M. LESHER Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-6823-CIVIL CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiffs Praecipe to attach Verification of Complaint wasisent via first class mail to the following on the date listed below: JOSHUA A. DELLINGER 157 WEST VINE STREET SHIREMANSTOWN, PA 17011-6347 APRIL M. LESHER 157 WEST VINE STREET SI<IIREMANSTOWN, PA 17011-6347 Date: 11/25/08 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: Fr s S. H in an, Esquire ,?, ;.? `? i -? .--? a? + Y --s , ?'y.? i1; t r, '. . -.t . r VERIFICATION QL- J 4/7 k b . hereby states that he/she is Yf 21 / l 4; 1 of PHH MORTGAGE CORPORATION, servicing agent for Plaintiff, PHH MORTGAGE CORPORATION, FWA PHH MORTGAGE SERVICES CORPORATION, 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 unsworn falsification to authorities. DATE: I I I Loan: 0016392185 44?rC MA Title: ? ! ?-C Oellwlt Company: PHH MORTGAGE CORPORATION File #: 190867 ?" 1 ; e -? ? ?y }} Y.w/ _?? f $" _ . a {.. ?; ...iy ?i,? . - f.. a... Y..t SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-06823 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS DELLINGER JOSHUA A 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 unable to locate Him in his bailiwick. COMPLAINT - MORT FORE , but was He therefore returns the the within named DEFENDANT 1181 KINGSLEY ROAD SHIREMANSTOWN, PA 17011 NOT FOUND , as to , DELLINGER JOSHUA A JOSHUA DELLINGER DOES NOT LIVE AT THIS ADDRESS - LIVES AT 157 WEST VINE STREET, SHIREMANSTOWN, PA 17011. Sheriff's Costs: So answers: --?' Docketing 6.00 Service .00 Affidavit .00 R. Thom 6s Kline Surcharge 10.00 Sheriff of Cumberland County Not Found 5.00 /,z// 2/O ? ?. 21.00 PHELAN HALLINAN & SCHMIEG 11/24/2008 Sworn and Subscribed to before me this day of , A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-06823 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS DELLINGER JOSHUA A 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 LESHER APRIL M but was unable to locate Her COMPLAINT - MORT FORE in his bailiwick. He therefore returns the the within named DEFENDANT LESHER APRIL M 157 WEST VINE STREET SHIREMANSTOWN, PA 17011-6347 NOT FOUND , as to APRIL LESHER DOES NOT LIVE AT THIS ADDRESS - LIVES AT 1181 KINGSLEY ROAD, CAMP HILL, PA 17011. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 Not Found /? r?//?o F ` 5.00 21.00 So answers : -? R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN & SCHMIEG 11/24/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-06823 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS DELLINGER JOSHUA A 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 TILT T TTTr VD .7r')QLTTTA n the DEFENDANT , at 0010:15 HOURS, on the 21st day of November , 2008 at 157 WEST VINE STREET SHIREMANSTOWN, PA 17011-6347 by handing to ALEXANDRA DELLINGER GRANDMOTHER OF 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 Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 16.00 00 +rsrasL 10.00 R. 'Thomas Kline .00 44.00 11/24/2008 PHELAN HALLINAN SCHMIEG By: day Deputy Sheriff A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-06823 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS DELLINGER JOSHUA A 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 T,7QWW'P ApRTT, M the DEFENDANT , at 0011:20 HOURS, on the 21st day of November , 2008 at 1181 KINGSLEY ROAD CAMP HILL, PA 17011 by handing to APRIL LESHER 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 16.00 Affidavit .00 Surcharge 10.00 .00 3 2.0 0 Sworn and Subscibed to before me this of day So Answers: R11- Thomas K ine 11/24/2008 PHELAN HALLINAN & SCHMIEG By. ??C Deputy Sheriff C A. D. - r a 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 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff vs JOSHUA A. DELLINGER APRIL M. LESHER Defendant : I Court of Common Pleas : I Civil Division : CUMBERLAND County : I No. 08-6823- CIVIL TERM PHS# 190867 PRAECIPE TO THE PROTHONOTARY: 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. X Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: December 11, 2008 rancis S. Hallinan Attorney for Plaintiff ^!?, ij rT