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Home My WebLink About09-2520Phelan 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 202091 JPMC SPECIALTY MORTGAGE, LLC 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 Plaintiff V. JEFFREY B. YOUNG A/K/A JEFFRY B. YOUNG BONNIE J. YOUNG A/K/A BONNIE JO YOUNG 17 WEST SHORE DRIVE CAMP HILL, PA 17011-7718 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 0 9 /? S? 6 c ?v "I te-l^ CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 202091 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 #: 202091 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: JEFFREY B. YOUNG A/K/A JEFFRY B. YOUNG BONNIE J. YOUNG A/K/A BONNIE JO YOUNG 17 WEST SHORE DRIVE CAMP HILL, PA 17011-7718 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/14/2005 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. 1913, Page 2800. By Assignment of Mortgage recorded 01/08/2009 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. 200900562. 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 #: 202091 5. 6 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2008 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 $163,474.74 Interest $6,509.97 11/01/2008 through 04/20/2009 (Per Diem $38.07) Attorney's Fees $1,300.00 Cumulative Late Charges $77.59 06/14/2005 to 04/20/2009 Cost of Suit and Title Search 750.00 Subtotal $172,112.30 Escrow Credit $0.00 Deficit $18.08 Subtotal 18.08 TOTAL $172,130.38 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 #: 202091 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 #: 202091 WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $172,130.38, together with interest from 04/20/2009 at the rate of $38.07 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: Vancis enc T. Phe , Esquire S an, 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 10 :0Zos-bw) Attorneys for Plaintiff File #: 202091 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described according to a survey of D.P. Raffensberger, R.S., dated February 23, 1960, as follows, to wit: BEGINNING at a point on the easterly line of West Shore Drive, 449.99 feet south of the southeast corner of the intersection of West Shore Drive and Carlisle Road, being also at the dividing line between Lots Nos. 3 and 4, Plan B-2 on the hereinafter mentioned Plan of Lots; thence South 73 degrees 06 minutes 30 seconds East along said dividing line 134 feet to a point on the westerly line of lands now or formerly of Willard F. Keiser, Jr., et ux; thence South 16 degrees 53 minutes 30 seconds West along same, 85 feet to a point at the dividing line between Lots Nos. 4 and 5, plan B-2 on said plan; thence North 73 degrees 06 minutes 30 seconds West along said dividing line 134 feet to a point on the easterly line of West Shore Drive; thence northwardly along same, 85 feet to a point, the Place of BEGINNING. BEING LOT NO.4 On Plan No. B-2 of Cedar Cliff Manor recorded in Plan Book 10, Page 35, Cumberland County records. HAVING thereon erected a split-level brick and frame dwelling house known as 17 West Shore Drive. Parcel No. 13-23-0545-421 File #: 202091 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 swement is made subject to the penalties of 18 Pa.C.S. Sec 4904 relating to unsworn falsifications to authorities. A raey or Pl ' 'ff -Jb%j& T. C,a fly, ?m # 2o"-} DATE: FlR E?C?- r ? C'F THE ' Y '?jt TARY 2LqDi9 APR 22 f f?1? 5t F ?'7r, -d pda-ff r ?2 ,,-a V/ oo Sheriffs Office of Cumberland County R Thomas Kline „ta cl Cumbr,r? 4 Edward L Schorpp Sheri G Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE OF THE s?-ERWF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/24/2009 04:05 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on April 24, 2009 at 1605 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upor the within named defendant, to wit: Jeffrey B. Young, by making known unto Bonnie Young, adult in charge of defendant at 17 W. Shore Drive Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. 04/24/2009 04:05 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on April 24, 2009 at 1605 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upor the within named defendant, to wit: Bonnie Young, by making known unto herself personally, defendant at 17 W. Shore Drive Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $58.40 April 27, 2009 SO ANSWERS, -IMIMOPW ~ 011WAC f R THOMAS KLINE, SHERIFF 2009-2520 JPMC Specialty Mortgage, LLC VS Jeffrey B. Young By Deputy riff 2009 PR 28 AM : 1 i