HomeMy WebLinkAbout12-4670
r
C~ s .?
---i C:)
r"CC:)
C
PHELAN HALLINAN & SCHMIEG, LLP
Mario J. Hanyon, Esq., Id. No.203993
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
GMAC MORTGAGE, LLC (SUCCESSOR BY
MERGER TO GMAC MORTGAGE CORPORATION)
1100 VIRGINIA DRIVE
P.O. BOX 8300
FORT WASHINGTON, PA 19034
Plaintiff
V.
JAMES N. HARMON, JR
3467 RITNER HIGHWAY
NEWVILLE, PA 17241-9460
Defendant
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
,y4?b ail
NO. 1
CUMBERLAND COUNTY
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File #: 302139
a???3.
NA 12?? y
2lk
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 #: 302139
Plaintiff is
GMAC MORTGAGE, LLC (SUCCESSOR BY MERGER TO 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:
JAMES N. HARMON, JR
3467 RITNER HIGHWAY
NEWVILLE, PA 17241-9460
who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 07/30/1999 JAMES N. HARMON, JR 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 Deeds of CUMBERLAND
County, in Mortgage Book 1561, Page 1023. By Assignment of Mortgage recorded
03/24/2000 the mortgage was assigned to PLAINTIFF which Assignment is recorded in
Assignment of Mortgage Book 640, Page 1101.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.
The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 03/01/2012 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 #: 302139
6. The following amounts are due on the mortgage as of 06/07/2012:
Principal Balance $58,900.28
Interest $1,622.37
02/01/2012 to 06/07/2012
Late Charges $414.77
Property Inspections $11.25
Subtotal $60,948.67
Suspense Credit ($171.60)
Escrow Credit ($1,118.75)
TOTAL $59,658.32
7. 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.
8. Notice of Intention to Foreclose as set forth in Act 6 of 1974 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.
File #: 302139
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$59,658.32, together with interest, costs, fees, and charges collectible under the mortgage
including but not limited to attorney fees and costs, and for the foreclosure and sale of the
mortgaged property.
PHELAN HALLINAN & SCHMIEG, LLP
By:
Mario J. H nyon, Esquire
Attorney for Plaintiff
File #: 302139
LEGAL DESCRIPTION
ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the
Township of West Pennsboro in the County of Cumberland and Commonwealth of
Pennsylvania, more particularly described as follow, to wit:
IN ACCORDANCE with a survey of Noel Smith, R.S., dated March 13, 1972, as follows:
BEGINNING at a point in the center of U.S. Route 11, which point in the southwest corner of
lands now or formerly of William Dechene; thence along the center of said U.S. Route 11, South
62 degrees 45 minutes 12 seconds West 109.27 feet to a point in the center of said U.S. Route 11,
said point being the Southeast corner of lands now or formerly of Anna Hutchison; thence along
lands now or formerly of Anna Hutchison, North 21 degrees West 220.70 feet to a point at lands
now or formerly of Paul E. Boyles and Elanore J. Boyles; thence along lands now or formerly of
Boyles, North 76 degrees 18 minutes East 85.40 feet to a point at a corner of lands now or
formerly of Paul E. Boyles and Elanore J. Boyles and lands now or formerly of William
Dechene; thence along lands now or formerly of William Dechene, South 27 degrees 13 minutes
30 seconds East 214.62 feet, to a point in U.S. Route 11, the point and place of BEGINNING.
PROPERTY ADDRESS: 3467 RITNER HIGHWAY, NEWVILLE, PA 17241-9460
PARCEL # 46-10-0620-OOSA
File #: 302139
VERIFICATION
Chrtshsna Niddeanez , hereby states that he/she is AuftEaed OffLwr of GMAC
MORTGAGE, LLC, Plaintiff in this matter, that he/she is authorized to make this Verification,
and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are
true and correct to the best of his/her 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.
?w1r2
DATE:- ? 4A0
GMAC MORTGAGE, LLC
File#: 302139
Name: HARMON
File #: 302139
Title: Authorized Officer
FORM 1
GMAC MORTGAGE, LLC (SUCCESSOR BY
MERGER TO GMAC MORTGAGE
CORPORATION)
Plaintiff(s)
vs.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
n
G
(r z rs1
l 0"
2
JAMES N. HARMON, JR n ? (??O
'
D
f
d
Q( ?'1 Ld
e
en
ant(s)
Civil
r- G
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSUI;M
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
rw
a0
If you own and live in the residential property which is the subject of this foreclosure action, you may be abe to
participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender.
If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference.
First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 2439400
extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you.
Once you have been appointed a legal representative, you must promptly meet with that legal representative within
twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all
requested financial information so that a loan resolution proposal canbe prepared on your behalf. If you and your legal
representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a
Request for Conciliation Conference with the Court, which must be filed with the Cout within sixty (60) days of the
service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an
opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangenents with your
lender before the mortgage foreclosure suit proceeds forward.
If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a
conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal
representative. However, you must provide your lawyer with all requested financial information so that a loan resolution
proposal can be prepared on your behalf. If you and your lawyer complete a financial woksheet in the format attached
hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed
within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation onference is
scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable
arguments with your lender before the mortgage foreclosure suit proceeds forward.
IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS
REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Date
Respectfully submitted:
_1//)///A't1_ __2 ?n?
V 'v
Mario . Hanyon, Esquire
Attorney for Plaintiff
FORM 2
Date
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Cumberland County Court of Common Pleas Docket #
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance, your lender must consider your circumstances to determine
possible options while working with your counseling agency. Please provide the following information to
the best of your knowledge:
Borrower name(s):
Property Address:
City:
Is the property for sale?
Realtor Name:
Borrower Occupied?
Mailing Address (if different):
City:
Phone Numbers:
Email:
# of people in household:
Mailing Address:
City:
Phone Numbers:
Dome: Office:
Cell: Other:
Email: _
# of people in household: _ How long?
First Mortgage Lender: _
Type of Loan:
Loan Number: _
Second Mortgage Lender:
Type of Loan:
Loan Number:
State: Zip:
Yes ? No ? Listing date: Price: $
Realtor Phone:
Yes ? No ?
State: Zip:
Home: Office:
Cell: Other:
How long?
State: Zip:
Date You Closed Your Loan:
Total Mortgage Payments Amount: $
Date of Last Payment:
Included Taxes & Insurance:
Primary Reason for Default:
Is the loan in Bankruptcy? Yes ? No ?
If yes, provide names, location of court, case number & attorney:
Assets
Home:
Other Real Estate:
Retirement Funds:
Investments:
Checking:
Savings:
Other:
Automobile # 1: Model:
Amount owed:
Automobile #2: Model:
Amount owed:
Amount Owed:
Value:
Year:
Value:
Value:
Other transportation (automobiles, boats, motorcycles): Model:
Year: Amount owed: Value
Year:
Monthly Income
Name of Employers:
I . Monthly Gross Monthly Net
2. Monthly Gross Monthly Net
3. Monthly Gross Monthly Net
Additional Income Description (not wages):
1. -monthly amount:
2. -monthly amount:
Borrower Pay Days:
Co-Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
-Mortgage Food
2° Mortgage Utilities
Car Pa ment(s) Condo/Nei h. Fees
Auto Insurance Med. not covered
Auto fuel/re airs Other prop. payment
Install. Loan Payment Cable TV
Child Su ort/Alim. Spending Money
Da /Child Care/Tuft. Other Ex enses
Amount Available for Monthly Mortgage Payments Based on Income & Expenses:
Have you been working with a Housing Counseling Agency?
Yes F_1 No ?
If yes, please provide the following information:
Counseling Agency:
Counselor:
Phone (Office): _ Fax:
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP)
assistance?
Yes ? No ?
If yes, please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your
delinquency?
Yes F] No ?
If yes, please indicate the status of those negotiations:
Please provide the following information, if known, regarding your lender and lender's loan servicing
company:
Lender's Contact (Name):
Servicing Company (Name):
Contact:
Phone:
Phone:
I/We, , authorize the above named
_ to use/refer this information to my lender/servicer for the sole purpose of evaluating my
financial situation for possible mortgage options. ]/We understand that I/we am/are under no obligation to
use the counseling services provided by the above named
Borrower Signature Date
Co-Borrower Signature Date
Please forward this document along with the following information to lender and lender's
counsel:
1. Proof of income
2. Past 2 bank statements
3. Proof of any expected income for the last 45 days
4. Copy of a current utility bill
5. Letter explaining reason for delinquency and any supporting documentation (hardship
letter)
6. Listing agreement (if property is currently on the market)
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
i~~4,.U ~~ 4 ~ iS f'?
°~" ~ ~~l~ ~'€~f7~"i~0' ~Tr~i;
~~'? AIJG 17 A~ 9~ 1
CU ~~ hf5~'L AN ~ T
~~wwtr ct ~ a+~brtla~~
~~;.
~~ r::
QFFiCE'--~;E ~1<ERIFF
GMAC Mortgage, LLC Case Numbe
vs.
James N Harmon 2012-4670
SHERIFF'S RETURN OF SERVICE
08/06/2012 03:15 PM -Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on Augu
6, 2012 at 1515 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Not
of Residential Mortgage Foreclosure Diversion Program, upon the within named defendarnt, to wit: Sar
Harmon, Wife of James N. Harmon by making known unto herself personally, at 3467 Ritner Highway,
Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to her
personally the said true and correct copy of the same.
i
TIM LA K, DEPUTY
SHERIFF COST: $40.00
August 09, 2012
SO ANSWERS,
G'-° C~
RONNY R ANDERSON, SHERIFF
(cl CountySuite Sheriff, Teleosoft: Irc
L�"70-D LF FICE
2013 APR 29 PM 1: 09
Phelan Hallinan,LLP Attorney For Plaintiff
1617 JFK Boulevard,Suite 1 'P E$RL A COUNT T Y
One Penn Center Plaza
Philadelphia,PA 19103
215-563-7000
GMAC MORTGAGE, LLC (SUCCESSOR BY Court of Common Pleas
MERGER TO GMAC MORTGAGE
CORPORATION) Civil Division
Plaintiff
CUMBERLAND County
vs
No. 12-4670-CIVIL
JAMES N.HARMON,JR
Defendant
PRAECH'E
TO THE PROTHONOTARY:
® Please withdraw the complaint and mark the action Discontinued and Ended without prejudice.
❑ Please mark the above referenced case Settled,Discontinued and Ended.
❑ Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice.
❑ Please mark the in rem judgment Satisfied and the action Discontinued and Ended.
❑ Please Vacate the Judgment entered.
Date:q PHELAN HALLINAN,LLP
By: e4�— �-
Jona an Lobb,Esq.,Id.No.312174
Attorney for Plaintiff
PHS#302139
Phelan Hallinan, LLP Attorney for Plaintiff
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
215-563-7000
GMAC MORTGAGE, LLC (SUCCESSOR BY Court of Common Pleas
MERGER TO GMAC MORTGAGE
CORPORATION)
Plaintiff Civil Division
V. CUMBERLAND County
JAMES N. HARMON,JR No. 12-4670-CIVIL
Defendant PHS#302139
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:
JAMES N. HARMON,JR
3467 RITNER HIGHWAY
NEW VILLE,PA 17241-9460
Date: Z _ PHELAN HALLINAN,LLP
By: AL4L
Jonat Lobb,Esq., Id. No.312174
Attorney for Plaintiff