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HomeMy WebLinkAbout10-6143Phelan 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 250757 CHASE HOME FINANCE LLC 3415 VISION DRIVE COLUMBUS, OH 43219 Plaintiff V. JOHN L. DELP 1014 HARRISBURG PIKE CARLISLE, PA 17013-1615 Defendant i ? f1,"JHCNOTARY ,_.<,- COUNTY nt1 t' 7 J E ,? ? iA 1'A A ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. I d -(of 43 al*v i.l W'r-K CUMBERLAND COUNTY O fga.oo Pd AT"rf alf 100'77toto k* czgm 0 We hereby certify the within to be a true and correct copy of the original filed of record File #: 250757 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 #: 250757 , 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: JOHN L. DELP 1014 HARRISBURG PIKE CARLISLE, PA 17013-1615 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/13/2006 JOHN L. DELP made, executed and delivered a mortgage upon the premises hereinafter described to JPMORGAN CHASE BANK,N.A which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1975, Page 2244. 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(8); 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 06/01/2010 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 #: 250757 6. The following amounts are due on the mortgage: Principal Balance $110,275.78 Interest $2,467.35 05/01/2010 through 09/10/2010 (Per Diem $18.88) Attorney's Fees $650.00 Late Charges through 09/10/2010 $114.93 Non Sufficient Funds Charge $20.00 Costs of Suit and Title Search $550.00 Escrow Deficit Q32-60 TOTAL $114,310.66 7 8. Plaintiff is nat 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 authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 250757 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $114,310.66, together with interest from 09/10/2010 at the rate of $18.88 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 HALLINAN & SCHMIEG, LLP Bywe helan, Esq., Id. No. 32227 V ncis S. Hallinan, Esq., Id. No. 62695 niel G. Schmieg, Esq., Id. No. 62205 chele 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 #: 250757 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Northern line of the Carlisle Pike to Harrisburg Highway known as U.S. Route 11, which point is the dividing line between Lots Nos. 2 and 3 on the Plan of Lots known as Marriet Acres Extension, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania, in Plan Book 2, Page 105; thence by the Eastern line of said Lot No. 3 in a Northerly direction a distance of 250 feet to a point; thence in an Easterly direction and parallel to said U.S. Route 11 a distance of 50 feet to a point in the Western line of Lot No. I on said Plan of Lots; thence by the Western line of said Lot No. 1 in a Southerly direction a distance of 250 feet to a point on the Northern line of said U.S. Route 11; thence along the Northern line of said U.S. Route 11 in a Westerly direction a distance of 50 feet to a point, the Place of BEGINNING. CONTAINING 50 feet in front on said U.S. Route 11 and extending in depth at an even width a distance of 250 feet and being all of Lot No. 2 as shown on the Plan of Lots of Marriet Acres Extension recorded as aforesaid. PROPERTY ADDRESS: 1014 HARRISBURG PIKE, CARLISLE, PA 17013-1615 PARCEL # 29-19-1639-128A File k: 250757 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. D q 6, DATE: / -=N A omey fo Pl ntiff File #: 250757 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard WStewart ~^4u~,tr of ~({~~~~~'~~ G <' - • ~ ~~ ~'i ~xa,~ t°: - Solicitor ~Fi~E of ThE sra~~~~ Chase Home Finance LLC Case Number vs. John L. Delp 2010-6143 SHERIFF'S RETURN OF SERVICE 09/27/2010 08:38 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on September 27, 2010 at 2038 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: John L. Delp, by making known unto himself personally, at 1014 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. ~~_/ NOAH CLINE, DEPUTY SHERIFF COST: $33.40 September 28, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ~~ ~ ~ ,~, ~ ~I ~ ~~? rn ~- ~~ ~~ ~ ~ +~ r-= ~ --~ ca c-~ ~-r~ .~c~ t~ ~ r~ ~ ~ rv ~a ~ ~~ ~.. _ci CountySuite Sheriff. Teicosoft. Inc. iI Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff JPMORGAN CHASE BANK, Court of Common Pleas NATIONAL ASSOCIATION Plaintiff Civil Division vs CUMBERLAND County JOHN L. DELP No. 10-6143-CIVIL TERM Defendant TO THE PROTHONOTARY: DID A Ti CIDUi C'7 lease withdraw the complaint and mark the action Discontinued and Ended withauFr OT %J prejudice. M :Zm =W ? Please mark the above referenced case Settled, Discontinued and Ended. ? Please Vacate the judgment entered and mark the action Discontinued and Ended'3> n without prejudice. p z ? Please mark the in rem judgment Satisfied and the action Discontinued and Ended. Date: r 1, 14 NCusick, §INAN & SCHMIEG, LLP Esq., Id. No.80193 Attorney for Plaintiff PHS # 250757 v rn C-1 N -,J a Z rnrF "am --4(n = -I © O r,, y> :t7 7 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff JPMORGAN CHASE BANK, NATIONAL ASSOCIATION Court of Common Pleas Plaintiff Civil Division vs CUMBERLAND County JOHN L. DELP Defendant No. 10-6143-CIVIL TERM 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: JOHN L. DELP 1014 HARRISBURG PIKE CARLISLE, I"A 17013-1615 Date: ci__' Robert W. Cusick, Esq., Id. No.80193 Attorney for Plaintiff PHS # 250757