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HomeMy WebLinkAbout10-6119'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 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 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 - f, "'.,'TA RY 1u%1TY ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Ifl - (o) Iq awe ' l la.rK CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE O 49a. oo Pn ATT%/ C* IM&899 & 448t099 202105 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 202105 Plaintiff is CHASE HOME FINANCE 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 JAMES P. KILGORE and MARIANNE C. KILGORE 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 04/27/2009 the mortgage was assigned to JPMC SPECIALTY MORTGAGE, LLC which Assignment is recorded in Assignment of Mortgage Instrument No. 200913276. 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. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/0 1/2008 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 File #: 202105 Jr 6 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 $128,799.45 Interest $10,510.77 06/01/2009 through 09/02/2010 (Per Diem $22.94) Attorney's Fees $650.00 Late Charges through 09/02/2010 $792.49 Property Inspections/Property Preservations $136.00 Appraisal/Brokers Price Opinion $780.00 Costs of Suit and Title Search $550.00 Escrow Deficit $3,584.95 Subtotal $145,803.66 Suspense Credit 1 061.31 TOTAL $144,742.35 7 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. 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 File #: 202105 i authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $144,742.35, together with interest from 09/02/2010 at the rate of $22.94 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAAN & SCHMIEG, LLP By: LJ L ence T. Phelan, E?., Id. No. 32227 [I F a is S. Hallinan, Esq., Id. No. 62695 El D i 1 G. Schmieg, Esq., Id. No. 62205 ? Mic ele M. Bradford, Esq., Id. No. 69849 ? J dith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 12 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 #: 202105 i 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. HAVING THEREON ERECTED a single frame dwelling numbered 2001 Princeton Avenue, Camp Hill, Pennsylvania. BEING Lot No. 101, Section C, in the Plan of College Park, as recorded in the Cumberland County Recorder's Office in Plan Book 4, Page 91. BEING THE SAME PREMISES which Stephen A. Hoffman, single man, granted and conveyed unto Jay B. Pellman and Marguerite A. Pellman, his wife, by Deed dated October 15, 1985, and File #: 202105 recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on October 17, 1985, in Deed Book N-31, Page 847. 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 PART OF THE SAME PREMISES the Borough of Camp Hill vacated as a public street by Ordinance No. 904, and has since agreed to annex to the aforementioned Tract #1. PROPERTY ADDRESS: 2001 PRINCETON AVENUE, CAMP HILL, PA 17011-5443 PARCEL # 01-22-0536-316 File #: 202105 VERIFICATION 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: ?? IO File #: 202105 FILED-OFFICE CE THE. pROTH0,N0TAR i ;j0 SEP 30 1:?$ OTt, 8ERLA"D COUNT'-i' 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 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 VS. Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS CIVIL DIVISION NO. U t11 ?? JAMES P. KILGORE CUMBERLAND COUNTY MARIANNE C. KILGORE Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 202105 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, 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 ? Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Date: 9-28-10 PHS #: 202105 VERIFICATION Maria L. Dedcer hereby states that he/she is of CHASE HOME FINANCE, servicing agent for Plaintiff 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. Name: M DATE: ZZ- ° Title: Assistant Seere" Servicer: CHASE HOME FINANCE Loan:202105 Name: KILGORE 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 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE LLC Plaintiff VS. JAMES P. KILGORE MARIANNE C. KILGORE : COURT OF COMMON PLEAS : CIVIL DIVISION NO. : CUMBERLAND COUNTY 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 PHS #: 202105 MARIANNE C. KILGORE 2001 PRINCETON AVENUE CAMP HILL, PA 17011-5443 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: =G ? 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 Date: 9-28-10 PHS #: 202105 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~q+~~~~t„ of i':a~nt,rrtr~r~ Jody S Smith Chief Deputy - Richard W Stewart Solicitor ~'" ` ~'~ Chase Home Finance LLC vs. James P. Kilgore (et al.) Case Number 2010-6119 SHERIFF'S RETURN OF SERVICE 09/27/2010 04:02 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on September 27, 2010 at 1602 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: James P. Kilgore, by making known unto himself personally, at 165 S. 32nd Street, 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. Request for service at 2001 Princeton Avenue, Camp Hill, PA 17011 is vacant. DENNIS Y, DEPUJd 09/27/2010 04:02 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on September 27, 2010 at 1602 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Maryanne C. Kilgore, by making known unto herself personally, at 165 S. 32nd Street, 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. Request for service at 2001 Princeton Avenue, Camp Hill, PA 17011 is vacant. DENNIS F Y, DEPUTY SHERIFF COST: $71.00 September 28, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ;~ ~.~ rte: `~7 - ~ ~ ~; --~ G~~a f°' ^,~ ~"~7 ~~~ r-- ~ ....~ .' a - ti ~f i ., ,3 ..1 (e~ GnuntySuite Shen~f, Teir~bsciPt Inc. Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff CHASE HOME FINANCE LLC Plaintiff vs JAMES P. KILGORE MARIANNE C. KILGORE Defendant Court of Common Pleas --0 mco M Civil Division CUMBERLAND County -° , N 10 6 o. - 119 CIVIL TERM TO THE PROTHONOTARY: PRAECIPE Please mark the above referenced case settled, discontinued and ended. Date: 3 ' l PHELAN HALLINAN & SCHMIF,G, LLP By: 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 `IGer J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 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 Allison F. Wells, Esq., Id. No. 309519 PHS# 202105 Attorneys for Plaintiff r? -- C C C1 ?' r.;.