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Home My WebLink About09-8548Phelan 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 1. Goldman, Esq., Id. No. 205047 t 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 188336 JP MORGAN CHASE BANK, N.A. S/I/I TO WASHINGTON MUTUAL BANK, F.A. 7255 BAYMEADOWS WAY JACKSONVILLE, FL 32256 V. Plaintiff KEVIN D. BRENNEMAN KIM W. BRENNEMAN 1550 HOLLY PIKE CARLISLE, PA 17015-9103 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. (? ?5 '? 0 C ??N f1?? CUMBERLAND COUNTY File #: 188336 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 188336 Plaintiff is JP MORGAN CHASE BANK, N.A. S/I/I TO WASHINGTON MUTUAL BANK, F.A. 7255 BAYMEADOWS WAY JACKSONVILLE, FL 32256 2. The name(s) and last known address(es) of the Defendant(s) are: KEVIN D. BRENNEMAN KIM W. BRENNEMAN 1550 HOLLY PIKE CARLISLE, PA 17015-9103 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/30/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR LOANCITY, A CALIFORNIA CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1934, Page 522. By Assignment of Mortgage recorded 12/01/2008 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200838338. 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 03/01/2009 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 #: 188336 6. The following amounts are due on the mortgage: Principal Balance $144 338 59 Interest 02/01/2009 through 12/10/2009 , . $7,427.49 (Per Diem $23.73) Attorney's Fees $1 325 00 Cumulative Late Charges , . $180 76 11/30/2005 to 12/10/2009 . Cost of Suit: and Title Search ?SSn nn Subtotal $153 821 84 Escrow , . Credit ($2,211.57) Deficit $0 00 Subtotal . TOTAL M-11-1-52) $151,610.27 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. 8. Plaintiff is not seeking a judgment of personal liability (or an in nersc,nam 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. Fite #: 188336 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. 10. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $151,610.27, together with interest from 12/10/2009 at the rate of $23.73 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: ? wrence T. Phelan, Esq., Id. No. 32 7 ? 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 4 Joshua 1. Goldman, Esq., Id. No. 205047 ?J Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 188336 LEGAL DESCRIPTION ALL that certain tract of land with the improvements thereon erected, situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Northern side of Sadler Court, on the dividing line between Lots Nos. 23 and 24 on the hereinafter mentioned Plan of Lots; thence by said dividing line, North 9 degrees 19 minutes East 113.79 feet to a point; thence by Interstate Highway Route No. 81, South 88 degrees 31 minutes 40 seconds East 180 feet to a point; thence by land of the Borough of Carlisle, South 2 degrees 32 minutes 50 seconds West 151.69 feet to a point; thence by the dividing line between Lots Nos. 24 and 25 on said Plan of Lots, South 83 degrees 41 minutes 50 seconds West 151.69 feet to a point on the Eastern side of Sadler Court; thence by said Court, on a curve to the left having a radius of 50 feet, an arc distance of 64.92 feet to the Place of BEGINNING. BEING Lot No. 24 on the Plan of Lots known as Plan of Section 2 of Forest Park, as recorded in the office of the Recorder of Deeds for Cumberland County in Plan Book 16, Page 54. BEING improved with a dwelling house known as No. 901 Sadler Court. 04-0481-196 PARCEL NO. File #: 188336 The undersigned attorney hereby states that I am the attorney for the 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 unsworn falsifications to authorities. DATE: ey for Plaintiff File #: 188336 ? ? r ,CE r Syr .?r> OF THE 2oa911C i r Ai3 ia: 23 p-? d3yKq / JP MORGAN CHASE BANK, N.A., S/UI to WASHINGTON MUTUAL BANK. F.A., Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW KEVIN D. BRENNEMAN and KIM W. BRENNEMAN, Defendants N0.09-8548 CIVIL TERM ' S MOTION BEFORE OLER and EBERT. JJ. ORDER OF COURT r~ c. T I ^'1 r r: _~ ~_ ,'=: ll4 ~ IL~.~~ ~.... ~_ 1 F Ct? ~1 ._?'h. ~~-, c,':~ _:, ..r, -~ iZZ -:, ~, -~ti~.i, _.{c. 1-Y __..- _> f"1 -~ AND NOW, this 8`~' day of July, 2010, upon consideration of Plaintiff s Motion for Summary Judgment and Brief in Support thereof, Defendants' failure to file a response to Plaintiff's motion and brief, and Defendants' failure to appear for oral argument held on July 7, 2010, the Court determines that Plaintiff is entitled to summary judgment as matter of law and it is hereby ordered and directed that an in rem judgment is entered in favor of Plaintiff and against Defendants, Kevin D. Brenneman and Kim W. Brenneman, for $151,559.00, plus interest from April 6, 2010, to the date of judgment at the rate of $23.73 per diem, and at the legal rate thereafter, plus other costs and charges collectible under the mortgage, for foreclosure and sale of the mortgaged property. BY THE COURT, ~seph P. Schalk, Esq. 126 Locust Street Harrisburg, PA 17101 Attorney for Plaintiff /Kevin D. Brenneman and Kim W. Brenneman 1550 Holly Pike Carlisle, PA 17015-9103 Defendants, pro Se ~~~3~iv 1 __. _.- ,._ - 1 __ f s Phelan Hallman & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 f4l~~{,~F-U~) 3-V~ ~~~; ~E PR~~`Fi0fiVi37AR'~` ~~ ~ ~ ~~~ ~ ~ AM (Attorney For Plaintiff f'IIMB£Rl,AND C(1UNTY ~~~~sY~.vAN~A JPMORGAN CHASE NATIONAL ASSOCIATION Plaintiff vs KEVIN D. BRENNEMAN KIM W. BRENNEMAN Defendant BANK, Court of Common Pleas Civil Division CUMBERLAND County No. 09-8548 CIVIL TERM 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 prejuc ^ Please mark the in rem judgment Satisfied and the action Discontinued and Ended. ^ Please Vacate the 3udgment entered. Date: PHELAN H SCHMIEG, LLP Y~ i e sq., Id. No.309519 Attorney for Plaintiff PHS # 188336 ~4,So a otNC ~~~z ~s ~~ag° t ~ Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JYMUKCiAN CHASE BANK, NATIONAL Court of Common Pleas ASSOCIATION Plaintiff Civil Division v. CUMBERLAND County KEVIN D. BRENNEMAN No. 09-8548 CIVIL, TERM KIM V~. BRENNEMAN Defendant CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: KEVIN D. BRENNEMAN KIM W. BRENNEMAN 1550 HOLLY PIKE CARLISLE, PA 17015-9103 Date: ~i PHELAN HAL .Ar#-8 G, LLP Allison lls, ., Id. No.309519 Attorney for Plaintiff PHS # 188336