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Home My WebLink About09-2267Phelan 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 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 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 202105 JPMC SPECIALTY MORTGAGE, LLC 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 Plaintiff V. JAMES P. KILGORE MARIANNE C. KILGORE 2001 PRINCETON AVENUE CAMP HILL, PA 17011-5443 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 69 - .2a`7 ?? v t L `T? CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 202105 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 #: 202105 1. Plaintiff is JPMC SPECIALTY MORTGAGE, LLC 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 2. The name(s) and last known address(es) of the Defendant(s) are: JAMES P. KILGORE MARIANNE C. KILGORE 2001 PRINCETON AVENUE CAMP HILL, PA 17011-5443 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/17/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMERIQUEST MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1923, Page 0135. By Assignment of Mortgage recorded 01/'.8/2009 the mortgage was assigned to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR JPMORGAN CHASE BANK, N.A. which Assignment is recorded in Assignment of Mortgage Instrument No. 200900581. 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. File #: 202105 5 6 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2008 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. The following amounts are due on the mortgage: Principal Balance $130,014.72 Interest $4,444.80 10/01/2008 through 04/10/2009 (Per Diem $23.15) Attorney's Fees $1,300.00 Cumulative Late Charges $821.12 08/17/2005 to 04/10/2009 Property Inspections $28.00 Appraisal/Brokers Price Opinion $250.00 Cost of Suit and Title Search 750.00 Subtotal $137,608.64 Escrow Credit ($2,183.00) Deficit $0.00 Subtotal ($2,183.00) TOTAL $135,425.64 7. 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. File #: 202105 8. 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. 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. File #: 202105 WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $135,425.64, together with interest from 04/10/2009 at the rate of $23.15 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: VAM Ek -M ? ja l3 Lawffence T. Phelan, Esquire Francis S. Hallinan, Esquire 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 J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Attorneys for Plaintiff File #: 202105 LEGAL DESCRIPTION TRACT # 1 ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN THE BOROUGH OF CAMP HILL, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE Southerly LINE OF PRINCETON Avenue, 50 FEET WIDE, AT THE DIVIDING LINE BETWEEN Lots NOS. 101 AND 104, SECTION C, OF THE HEREINAFTER MENTIONED Plan OF Lots; THENCE South 11 DEGREES 47 MINUTES West ALONG SAID DIVIDING LINE 82.24 FEET TO A Lot NO. 100, SECTION C, IN SAID Plan; THENCE South 88 DEGREES 51 MINUTES East ALONG SAID Lot NO. 100, SECTION C 104.6 FEET TO THE Westerly LINE OF PENNSYLVANIA Avenue; THENCE IN A Northerly DIRECTION ALONG PENNSYLVANIA Avenue ALONG A CURVE HAVING A RADIUS OF 794.57 FEET A DISTANCE OF 77.25 FEET TO A POINT; THENCE IN A Northwesterly DIRECTION ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 15 FEET 29.84 FEET TO A POINT ON THE Southerly LINE OF PRINCETON Avenue; THENCE South 82 DEGREES 48 MINUTES West ALONG THE Southerly LINE OF PRINCETON Avenue, 90.94 FEET TO A POINT, THE PLACE OF BEGINNING. BEING Lot NO. 101, SECTION C, IN THE Plan OF COLLEGE PARK, AS RECORDED IN THE CUMBERLAND COUNTY RECORDER'S OFFICE IN PLAT BOOK 4, PAGE 91. File #: 202105 TRACT # 2 BEGINNING AT A POINT ON PRINCETON Avenue, THENCE BY A CURVE TO THE LEFT HAVING A RADIUS OF 39.99, HAVING AN ARC DISTANCE OF 42.34, GOING South 52 DEGREES 27 MINUTES 29 SECONDS West, A DISTANCE OF 40.40 FEET TO A POINT, THENCE BY A CURVE TO THE LEFT HAVING A RADIUS OF 714.67, HAVING AN ARC DISTANCE OF 104.36 GOING South 17 DEGREES 56 MINUTES 29 SECONDS West, A DISTANCE OF 104.257 FEET TO A POINT, THENCE South 82 DEGREES 45 MINUTES 47 SECONDS West, A DISTANCE OF 42.61 FEET TO A POINT, THENCE BY A CURVE TO THE RIGHT HAVING A RADIUS OF 754.67, HAVING AN ARC DISTANCE OF 126.23 GOING North 17 DEGREES 24 MINUTES 13 SECONDS East, A DISTANCE OF 126.08 FEET TO A POINT, THENCE North 82 DEGREES 47 MINUTES 29 SECONDS East, A DISTANCE OF 69.29 FEET TO THE POINT AND PLACE OF BEGINNING. BEING THE SAME PROPERTY CONVEYED TO JAMES P. KILGORE AND MARIANNE C. KILGORE, HUSBAND AND WIFE BY DEED FROM JAY B. PELLMAN AND MARGUERITE A. PELLMAN (FORMERLY HIS WIFE), AND SUSAN M. PELLMAN, HIS WIFE, AS TO HER MARITAL INTEREST RECORDED 08/08/2001 IN DEED BOOK 247 PAGE 4118, IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA. PREMISES BEING: 2001 PRINCETON AVENUE TAX ID # 01-22-0536-316 File #: 202105 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. A Uorney for Plaintiff DAT ': 9"10_? Q FILED-Cf7r CE OF ?FF PROTWO^y)TARY 2009 APR 13 AM 11: 33 ?`y8. S'd i?cL? CK? 7g57y/ Sheriffs Office of Cumberland County R1Tho Thomas Kline ?? stir at cumb,r Edward L Schorpp Solicitor Ronny R Anderson Jody S Smith Chief Deputy FIDE OF T E S4ERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/16/2009 05:22 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on April 16, 2009 at 1722 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: James Kilgore, by making known unto James Kilgore personally, at 2001 Princeton Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011, its contents and at the same time handing to him personally the said true and correct copy of the same. 04/16/2009 05:22 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on April 16, 2009 at 1722 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Marianne C. Kilgore, by making known unto James Kilgore, adult in charge, at 2001 Princeton Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011, its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $57.50 SO ANSWERS, 000"A I r April 21, 2009 R THOMAS KLINE, HERIFF D?`outy Sheri f f Docket No. 2009-2267 JPMC Speciality Mortgage v James Kilgore c AMY 2CO4 APR 27 AH 1 , : 34 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 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 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMC SPECIALTY MORTGAGE, LLC Plaintiff VS. JAMES P. KILGORE MARIANNE C. KILGORE Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 2009-2267 : CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE PHS #: 202105 4. 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: Lawrence T. Phelan, Esquire ,.Francis S. Hallinan, Esquire 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 J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Date: 5-18-09 PHS #: 202105 VERIFICATION Whitney K. Cook hereby states that he/she is ASS71S nt teary of CHASE HOME FINANCE, servicing agent for Plaintiff, 1PMC SPECIALTY 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 unsworn falsification to authorities. DATE dw? Company: CHASE HOME FINANCE Loan: 129673885 File #: 202105 " ' Assistant Secretary ,kicilyl 1) APR 1 3 20M 16 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 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 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMC SPECIALTY MORTGAGE, LLC Plaintiff VS. : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 2009-2267 : CUMBERLAND COUNTY JAMES P. KILGORE MARIANNE C. KILGORE Defendant(s) CERTIFICATE OF SERVICE I hereby certify that a true 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: JAMES P. KILGORE 2001 PRINCETON AVENUE CAMP HILL, PA 17011-5443 MARIANNE C. KILGORE 2001 PRINCETON AVENUE CAMP HILL, PA 17011-5443 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: l , Lawrence T. Phelan, Esquire ancis S. Hallinan, Esquire 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 J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Date: 5-18-09 wo) J CF TH r 1 TAP f F