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Home My WebLink About11-5767Phelan 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 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC F/K/A GMAC MORTGAGE CORPORATION 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff V. JANET M. AHRENS, IN HER CAPACITY AS ADMINISTRATRIX OF THE ESTATE OF JANE M. TURNBAUGH 18 DESHIBE TERRACE VINELAND, NJ 08360 THOMAS E. TURNBAUGH, IN HIS CAPACITY AS HEIR OF THE ESTATE OF JANE M. TURNBAUGH 147 JO LEE DRIVE MIDDLETOWN, PA 17057 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER JANE M. TURNBANUGH, DECEASED 915 HUMMEL AVENUE LEMOYNE, PA 17043 Defendants FILED-OFFICE O THE PRQ HBND Trt? r1 f'( 20" JUL 20 AM t l : 0 7 rUMBERLM,ID COUNTY PENNSYLVANIA ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Cw1????- CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 216969 ('k*llooo ?-l 0__') P-4- ?_ka()Yz File #: 216969 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 #: 216969 Plaintiff is GMAC MORTGAGE, LLC F/K/A GMAC MORTGAGE CORPORATION 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es) of the Defendant(s) are: JANET M. AHRENS, IN HER CAPACITY AS ADMINISTRATRIX OF THE ESTATE OF JANE M. TURNBAUGH 18 DESHIBE TERRACE VINELAND, NJ 08360 THOMAS E. TURNBAUGH, IN HIS CAPACITY AS HEIR OF THE ESTATE OF JANE M. TURNBAUGH 147 JO LEE DRIVE MIDDLETOWN, PA 17057 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER JANE M. TURNBANUGH, DECEASED 915 HUMMEL AVENUE LEMOYNE, PA 17043 who is/are the real owner(s) of the property hereinafter described. On 05/19/1999 JANE M. TURNBAUGH and STEVEN C. TURNBAUGH made, executed and delivered a mortgage upon the premises hereinafter described to ACCUBANC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1546, Page 589. By Assignment of Mortgage recorded 07/03/2000 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 648, Page 305. 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. File #: 216969 4. 6. 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 06/01/2009 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. The following amounts are due on the mortgage as of 12/17/2010: Principal Balance $60,207.69 Interest 05/01/2009 to 12/17/2010 $6,857.74 Late Charges $79.83 Property Inspections / Property Preservations $191.25 Non Sufficient Funds Charge $60.00 Escrow Deficit $4,471.82 Subtotal $71,868.33 Suspense Credit ($327.82) TOTAL $71,540.51 7 9. 10 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 pursuant to Act 6 of 1974 is not required because the defendant(s) is/are not a "Residential Mortgage Debtor" as defined by the Act, having failed to provide Plaintiff notice of its acquisition of title. This action does not come under Act 91 of 1983 because the mortgaged premises is not owner- occupied. By virtue of the death of Steven C. Turnbaugh on December 12, 2008, Jane M. Turnbaugh became the sole owner of the mortgaged premises as surviving joint tenant with the right of survivorship. File #: 216969 11. Mortgagor Jane M. Turnbaugh died on February 7, 2010, and Janet M. Ahrems was appointed Administratrx of her estate. Letters of Administration were granted to her on May 12, 2010 by the Register of Wills of Cumberland County, No. 21-10-0381. Decedent's surviving heir(s) at law and next-of-kin isThomas E. Turnbaugh. 12. Plaintiff does not hold the named Defendant(s), Janet M. Ahrens, Thomas E. Turnbaugh and Unknown Heirs, personally liable on this cause of action. This action is being brought to foreclose the interest of the said Defendant(s) in the aforesaid real estate only, and the Defendant(s) has/have been named in accordance with the requirements of Pa R.C.P. 1144(a)(2) and 20 Pa.C.S.A. § 301(b). WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $71,540.51, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorneys fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: awrence 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 []42hua 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 Attorneys for Plaintiff File #: 216969 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in the Borough of Lemoyne, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern line of Hummel Avenue on the dividing line between Lots Nos. 40 and 41, in Block F, on the hereinafter mentioned Plan of Lots; thence North 09 degrees 30 minutes West along said dividing line 140.45 feet to a 15 foot wide alley; thence North 80 degrees 30 minutes East along the southern line of said alley 45 feet to a point; thence South 90 degrees 30 minutes East through Lot No. 39, Block F, on said Plan, 140.45 feet northern line of Hummel Avenue; thence South 80 degrees 30 minutes West along the northern line of Hummel Avenue 45 feet to the point or Place of BEGINNING. BEING all of Lot No. 40 and the western 10 feet of Lot No. 39, in Block F, on Plan No. 1 of Riverton, now the Borough of Lemoyne, said Plan being recorded in the Cumberland County Recorder's Office in Deed Book J, Volume 4, Page 40 BEING all of Lot No. 40 and the western 10 feet of Lot No. 39, in Block F, on Plan No. 1 of Riverton, now the Borough of Lemoyne, said Plan recorded in the Cumberland County Recorder's Office in Deed Book J, Volume 4, Page 40. BEING IMPROVED with a two story brick dwelling house and two-car cement block stucco garage, being known as No. 915 Hummel Avenue Lemoyne, Pennsylvania. PROPERTY ADDRESS: 915 HUMMEL AVENUE, LEMOYNE, PA 17043-1738 PARCEL # 12-22-0824-036 File #: 216969 VERIFICATION Anthony McLaughlin hereby states that he/she is -_YTvoiz n-:n DK- (,??A)f GMAC MORTGAGE, LLC, that he/she is authorized to take this Verification, and the statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my 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. DATE: 7/(,/,, Name: Anthony McLaughlin Title: ? .z z A OFF, ??z Servicer: GMAC MORTGAGE, LLC File #: 216969 Name: AHRENS AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF . CUMBERLAND COUNTY GMAC MORTGAGE, LLC F/K/A GMAC MORTGAGE CORPORATION PHS # 216969 DEFENDANT SERVICE TEAM/ irm JANET M. AHRENS COURT NO.: 11-5767-CIVIL TERM THOMAS E. TURNBAUGH UNKNOWN HEIRS, SUCCESSORS, ASSIGNS. AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER JANE M. TURNBAUGH, DECEASED c? SERVE JANET M. AHRENS AT: TYPE OF ACTION rn 18 DESHIBE TER XX Mortgage Foreclosure VINELAND, NJ 08360-4902 XX Civil Action rTi f -- N SERVED Served and made known to JANET NS , Defendant on the LL day of O 20 N 3'" ?; C7-rt o'clock. M., at , in e m ner described w: D f d t ll d h .20 C ) ? rr; --? e en an persona y serve . I Q 0 Q ? _ Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other- Description: Age Height- Weight Race A4- Sex Other . f! , a competent adult, being duly sworn according to law, depose and state that I personally I, f'cSrv- handed a true and correct copy of the Foreclosure Complaint in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed KIMBERLY CURTY before me this day NOTARY PUBLIC of , 2 STATE OF NEW JERSEY MY COMMISSION EXPIRES MARCH 7, 2013 a '' ?''' Notar By: NOT SERVED ASAD SHAH 345 Farmdale Rd. On the 20_, at o'clock-. M., Defendant NOT FOLJND because: Mors=,sr-?wr f-,.: O- 57 scant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) (sos) 847-0290 No Answer on at at Service Refused Other: Sworn to and subscribed before me this day of 20_. By: Notary: ATTORNEY FOR PLAINTIFF 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 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 David -D. Buell Prothonotary Office of the (Prothonotary Cum6er[andfCounty, (Pennsy[vania 7�yr&S. SOFionage, rE_SQ Solicitor /P- '- gin. / CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE—THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square 0 Suite100 ® Cartis(.e, TA Thone 717 240-6195 0 717 240-6573