The URL can be used to link to this page

Home My WebLink About09-6190Phelan 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 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE LLC 3415 VISION DRIVE COLUMBUS, OH 43219 Plaintiff V. WILLIAM JOSEPH KIBE, II AMY L. KIBE 11745B HARVEST BOULEVARD FORT DRUM, NY 13603-3130 Defendants ATTORNEY FOR PLAINTJFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. d? - (oNA CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 216038 File #: 216038 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 N are served by entering a written appearance personally or by attorney and filing in writing the Court your defenses or objections to the claims set forth against you. You are warned tha? if you fail to do so, the case may proceed without you, and a judgment may be entered against 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 DC NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LA IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE 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 #: 216038 I . Plaintiff is CHASE HOME FINANCE LLC 3415 VISION DRIVE COLUMBUS, OH 43219 2. The name(s) and last known address(es) of the Defendant(s) are: WILLIAM JOSEPH KIBE, II AMY L. KIBE 11745B HARVEST BOULEVARD FORT DRUM, NY 13603-3130 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.) 3. On 06/06/2006 mortgagor(s) made, executed and delivered a mortgage upon the preen, ?ses hereinafter described to JPMORGAN CHASE BANK, NA which mortgage is records d in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 19$?, Page 4155. The PLAINTIFF is now the legal owner of the mortgage and is in the prdc 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 mortgage due 02/01/2009 and each month thereafter are due and unpaid, and by the of said mortgage, upon failure of mortgagor to make such payments after a date by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. s File #: 216038 1 6. The following amounts are due on the mortgage: Principal Balance $130,177.13 Interest $6,403.43 01/01/2009 through 09/10/2009 (Per Diem $25.31) Attorney's Fees $1,300.00 Cumulative Late Charges $539.88 06/06/2006 to 09/10/2009 Mortgage Insurance Premium / $52.86 Private Mortgage Insurance Cost of Suit and Title Search $750.00 Subtotal $139,223.30 Escrow Credit $0.00 Deficit $1,482.52 Subtotal $1,482.52 TOTAL $140,705.82 7 8 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above, be less than the amount demanded based on work actually performed. The attorney's) requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserv?s its right to collect attorney's fees up to 5% of the remaining principal balance in the e1 the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of I 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 #: 216038 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 sen to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided b said notice has terminated because Defendant(s) has/have failed to meet with the Plail tiff or an authorized consumer credit counseling agency, or has/have been denied as by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-i File #: 216038 WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the suni of $140,705.82, together with interest from 09/10/2009 at the rate of $25.31 per diem to the date, of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure, sale of the mortgaged property. By: PHELAN HALIIINAN & SCHMIEG, LLP ? Lawre ce . Phelan, sq., Id. No. 32227 ? Fr is S. allinan, sq., Id. No. 62695 ? D iel G. S ie , Esq., Id. No. 62205 ? ichele 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 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 216038 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Upper Allen Township, Cumberland' County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point at the dividing line between Lots Nos. 8-B and 8-C on the mentioned Plan of Lots; thence South 59 degrees 34 minutes 01 seconds East, 54.10 feet to a point; thence South 30 degrees 25 minutes 59 seconds West, 18 feet to a point, the dividing between Lots Nos. 8-A and 8-B of said Plan; thence North 59 degrees 34 minutes 01 second' West, 54.10 feet to a point; thence North 30 degrees 25 minutes 59 seconds East, 18 feet to a point, the Place of BEGINNING. BEING Lot No. 8-B, Plan of Units in Building 8, Stage III, Section C, of Allenview, as in Plan Book 46, Page 133. BEING known as 648 Allenview Drive, Mechanicsburg, Pennsylvania. BEING the same premises which Thomas P. Sucic and Lisa A. Sucic, husband and wife, by Deed dated April 23, 2003, and recorded April 24, 2003, in the Office of the Recorder of De of Cumberland County, Pennsylvania in Deed Book 256, Page 3560, granted and conveyed u Kelly N. Cornman, single woman, Grantor herein. PARCEL NO. 42-28-2423-379 File #: 216038 VERIFICATION The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within th 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 Foreclosi 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. Sec. 4904 relating to unsworn falsifications to authorities. DATE: Attornel for I?aintiff ) D File #: 216038 Q t .? OF THE ;-""U;H`lNV -APY 2009 SEP 14 AM i ! : C7 IN c? SsvQy7 Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson d Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor -7, ?k , 7,.. J Chase Home Finance LLC vs. William Joseph Kibe, II SHERIFF'S RETURN OF SERVICE Case Number 2009-6190 09/29/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: William Joseph Kibe, II, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant William Joseph Kibe II. The Mechanicsburg Postmaster has advised the defendant has forwarded their address to 11745B Harvest Blvd. Fort Drum, NY 13603. 09/29/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Amy L. Kibe, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Amy L. Kibe. The Mechanicsburg Postmaster has advised the defendant has forwarded their address to 11745B Harvest Blvd. Fort Drum, NY 13603. SHERIFF COST: $63.00 September 29, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF