The URL can be used to link to this page

Home My WebLink About01-7001FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 Plaintiff V. JOHN P. MULHOLLAN MARY K. MULHOLLAN 1308 MALLARD DRIVE CAMP HILL, PA 17011 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Ot - CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 306833403 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM TI-HS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiff is GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 The name(s) and last known address(es) of the Defendant(s) are: JOHN P. MULHOLLAN MARY K. MULHOLLAN 1308 MALLARD DRIVE CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 1/9/96 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to HART MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1299, Page 329. By Assignment of Mortgage recorded 9/18/00 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 564, Page 1128. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 8/1/01 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 Interest 7/1/01 through 12/1/01 (Per Diem $16.61) Attorney's Fees Cumulative Late Charges 1/9/96 to 12/1/01 Cost of Suit and Title Search Subtotal $79,512.75 2,557.94 1,000.00 89.70 550.00 $83,710.39 Escrow Credit 218.27 Deficit 0.00 Subtotal ($ 218.27) TOTAL $83,492.12 The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c. 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $83,492.12, together with interest from 12/1/01 at the rate of $16.61 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. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ALL THAT CEIITAIN plot of gte, mil sitdate in the Tow~sh_ip of~-~ Pennsbero, County of Cumberland and Commonwealth of Permzylvu.nia, bounded and described az follows, to BEGIi~I~IG at a l~int on the west side o£ l~'~l~,d tb~d a~ the comer of Lot Ne. 92 ss shown on the hereinalter mentioned Plan of I, ats; theric~ alo~ the ~ of said Lot Bio. ~ ,~g~t~ '~ d~l~l-ee~ 24 ~utes W~s~ 12L62 feet to a point; thellce oJong Other ]olld now or formerly o£Clyde O. ,qmyaer and E~her Stay,er, husband and wife, North 15 degrees 2a minu~es west, 85.79 £~et to a point; thence along the llne of Lot No. 94, es shown in a point on the west a/de of MsR~rd th)ad aforesaid; thence along the west side a£ l~!lo-d Road, 5outh 10 d~,~s 36 ~;-~t~s ~ 05 f~et to a po/hr at the corner of Lot No. 92 aforesa/cl, the Pl~e oflBEGINlqlNG, I-IAVING Tt~REON EI{FX;I~g;D a brick and aluminum dwelling house known and ot~mhea'ed &~ 1308 ~fAIl~ed I~EING Lot No. 93 in the Plan of Lota known es Plan No. a, West Creek I-lin,: laid out by D. P. P, affer~perger on July 15, 1967 ~md revi.~ November 21, 1967, todd revised p~ being recorded h~ the Oir~e ofth~ Recorder of Deed~ in and for Cumberland County Plan B~k 19, p~ge 47. BEING the zame premises which E. Penn L~,~,~onds and Patricia W. Lemmonds, by Deed dared March 12, 1984 end recorded in Cumberland County Recorder of Deeds Office in Deed l~mk Q, Vol. 30, page 30§, granted and conveyed unto Patricia W. Le,~,~ond.s, one of the Grantors herelm The said Patricia W. Lemmonda having ms~ried, her husband Gerald T. Osburn joirm in th~ deed to convey any right, title or interest he may have in the above d~ibed praperty, U'NDER AN'D ~SUtMF-~, neverthel,,~, to eseements, restrictions, reservations, conditions ami rlght~ of w~v of record or visible upon inspection o£ prew~es. PREMISES BEING ON 1308 MALLARD DRIVE VERIFICATION KRISTINE WILSON hereby states that she is FORECLOSURE SPECIALIST of GMAC MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that 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 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 unswom falsification to authorities. D^TE' SHERIFF'S RETURN - CASE NO: 2001-07001 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS MULHOLLAN JOHN P ET AL REGULAR DOUGLAS DONSEN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MULHOLLAN JOHN P the DEFENDANT , at 0018:57 HOURS, at 1308 MALLARD DRIVE CAMP HILL, PA 17011 on the 27th day of December , 2001 by handing to JOHN P. MULHOLLAN a true and attested copy of COMPLAINT - MORT FORE NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.75 Affidavit .00 Surcharge 10.00 .00 37.75 Sworn and Subscribed to before me this ~ day of A.D. £ ' [:~rotho~otary ' So Answers: R. Thomas Kline 12/28/2001 FEDERMAN & PHELAN ~---~eputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2001-07001 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS MULHOLLAN JOHN P ET AL DOUGLAS DONSEN , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MULHOLLAN MARY K the DEFENDANT , at 0018:57 HOURS, on the 27th day of December , 2001 at 1308 MALLARD DRIVE CAMP HILL, PA 17011 JOHN P. MULHOLLAN a true and attested copy of COMPLAINT NOTICE by handing to - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~-~ day of tp~6th~r[otary -- So Answers: R. Thomas Kline 12/28/2001 FEDERMAN & PHELAN ~Dep~ty Sheriff FEDERMAN AND PHELAN, LLP BY: FRANCIS S. HALLINAN Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage Corporation Plaintiff John P. Mulhollan Mary K. Mulhollan Defendants AT'rORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 01-7001 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: t~/~/~ ~ ~fS~/~(~/~ ~A~ Francis S. Hallinan, Esquire Attorney for Plaintiff