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Home My WebLink About04-3565FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF CHASE MANHATTAN MORTGAGE CORPORATION, S/B/M TO AMERICAN RESIDENTIAL MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 Plaintiff WILLIAM M. HYMES, III 89 HUMMEL AVENUE LEMOY'NE, PA 17043 COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY KIMBERLY M. HYMES 89 HUMMEL AVENUE LEMOYNE, PA 17043 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 PROVDE YOU WYI'H INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIKE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVDE 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 (800)990-9108 File #: 96265 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS 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 WR/TING 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, 1F 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. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 96265 Plaintiff is CHASE MANHATTAN MORTGAGE CORPORATION, S/B/M TO AMERICAN RESIDENTIAL MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 The name(s) and last known address(es) of the Defendant(s) are: WILLIAM M. HYMES, III 89 HUMMEL AVENUE LEMOYNE, PA 17043 KIMBERLY M. HYMES 89 HUMMEL AVENUE LEMOYNE, PA 17043 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 02/19/1993 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to GMAC MORTGAGE CORPORATION OF PA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1119, Page 537. By Assignment of Mortgage recorded 1/5/1994 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 463, Page 70. 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 04/01/2004 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 #: 96265 6. The following amounts are due on the mortgage: Principal Balance Interest 03/01/2004 through 07/21/2004 (Per Diem $7.34) Attorney's Fees Cumulative Late Charges 02/19/1993 to 07/21/2004 Cost of Suit and Title Search Subtotal $36,438.72 1,049.62 1,250.00 77.70 $ 550.00 $ 39,366.04 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $ 39,366.04 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. 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 39,366.04, together with interest from 07/21/2004 at the rate of $7.34 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. FEDERM~ ~ND By: /s/Prr~a~I~ FRANK FEDERMAN, ESQUIRE L^WRENCE T. PItEL^N, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 96265 VERIFICATION Heather R. Bogan hereby states that he/she is ASSISTANT SECRETARY of CHASE MANHATTAN MORTGAGE CORPORATION mortgage servicing agent for Plaintiffin this matter, that she is authorized to take tiffs Verification, and that the statements made in the foregoing Civil Action are true and correct to the best of her knowledge, information and belieE The undersigned understands flzat this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: Heat er R. Boflad .~_-Z'._I - AS~,tE,~FANT SECRETARY SHERIFF'S RETURN - CASE NO: 2004-03565 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOT FOUND CHASE MANHATTAN MORTGAGE CORP VS HYMES WILLIAM M III ET AL R. Thomas Kline duly sworn according to law, says, that he inquiry for the within named DEFENDANT HYMES WILLIAM M III unable to locate Him in his bailiwick. ,Sheriff or Deputy Sheriff, who being made a diligent search and but was He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT , HYMES WILLIAM M 89 HUMMEL AVENUE LEMOYNE, PA 17043 PER NEIGHBOR, DEFENDANT MOVED OUT OF STATE. · NOT FOUND , III as to Sheriff's Costs: Docketing 18.00 Service 31.08 Not Found 5.00 Surcharge 10.00 .00 64.08 / R. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 08/23/2004 Sworn and subscribed to before me this 3 ;~ day of gl g~o q A.D. Pro-~hdnotary SHERIFFIS RETURN - NOT FOUND CASE NO: 2004-03565 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHASE MANHATTA/~ MORTGAGE CORP VS HYMES WILLIAM M III ET AL R. Thomas Kline duly sworn according to law, inquiry for the within named DEFENDANT HYMES KIMBERLY M unable to locate Her COMPLAINT - MORT FORE ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and in his bailiwick. but was He therefore returns the the within named DEFENDANT 89 HUMMEL AVENUE LEMOYNE, PA 17043 PER NEIGHBOR, THIS ADDRESS. , NOT FOUND , , HYMES KIMBERLY M DEFENDANT NO LONGER LIVES AT HER NEW ADDRESS IS UNKNOWN. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .00 21.00 R. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 08/23/2004 Sworn and subscribed to before me this 3/~ day of ~2~ ~' A.D. Pro~ h~hot ary as to FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALL[NAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215 5~.~z700~0 CHASE MANHATTAN MORTGAGE CORPORATION, S/B/M TO AMERICAN RESIDENTIAL MORTGAGE CORPORATION Plaintiff VS. WILLIAM M. HYMES, KIMBERLY M. HYMES Defendants ATTORNEY FOR PLAINTIFF COURT' OF COMMON PLEAS : : CIVIL DMSION : : CUMBERLAND County No. 04-3565 CIVIL PRAECIPE TO REINSTATE CML ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in M~reclosure with reference to the above captioned matter. FED~RMAN AND PHELAN, LLP AWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE At~Iomeys for Plaintiff Date: S_~_~tember 1~0, 2004. hxh, Svc Dept. Fileg 96265 SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-03565 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHASE MANHATTAN MORTGAGE CORP VS HYMES WILLIAM M III ET AL R, Thomas Kline duly sworn according to law, says, that inquiry for the within named DEFENDANT HYMES WILLIAM M III unable to locate Him in his bailiwick. ,Sheriff or Deputy Sheriff, who being he made a diligent search and but was He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT 219 S 15TH STREET CAMP HILL, PA 17011 NOT AT GIVEN ADDRESS. NO FORWARDING ON FILE AT POST OFFICE. , NOT FOUND HYMES WILLIAM M III Sheriff's Costs: Docketing 18.00 Service 11.10 Not Found 5.00 Surcharge 10.00 .00 44.10 R. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 09/30/2004 Sworn and subscribed t ~. ~_fore me this ..~ day of ~~ olO o% A.D. , as to SHERIFF' S RETURN CASE NO: 2004-03565 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN MORTGAGE CORP VS HYMES WILLIAM M III ET AL - REGULAR RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, the within COMPLAINT says, HYMES KIMBERLY M DEFENDANT at 1910:00 at 219 S 15TH STREET CAMP HILL, PA 17011 KIMBERLY M. HYMES a true and attested copy of COMPLAINT - - MORT FORE was served upon the HOURS, on the 23rd day of September, __ 2004 by handing to MORT FORE together with and at the same time directing Her 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 Zm~ this ?~ day of So Answers: R. Thomas Kline 09/30/2004 FEDERMAN & PHELAN Deputy Sheriff o FEDERMAN AND PHELAN, LLP By: Frank Federman, Esquire I.D. No. 12248 Lawrence T. Phelan, Esquire I.D. No. 32227 Francis S. Hallinan, Esquire I.D. No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Plaintiff Attorney for CHASE MANHATTAN MORTGAGE CORPORATION', S/B/M TO AMERICAN RESIDENTIAL MORTGAGE CORPORATION VS. WILLIAM M. HYMES, III KIMBERLY M. HYMES Plaintiff Court of Common Pleas CUMBERLAND County No. 04-3565 CIVIL Defendant(s) PRAECIPE TO _WITHDRAW COMP_LAI_NT WITHOUT PRE]'UDICE ~ ~AND SETTLE~ DISCONTINUE-AND END- -- TO THE PROTHONOTARY: Kindly withdraw the complaint flied in the instant matter, without prejudice, and mark this matter settled, discontinued and ended, upon payment c,f your costs only. Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Attorneys for Plaintiff