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Home My WebLink About05-0953 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 F'RANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 PHH MORTGAGE CORPORATION, F/KJA CENDANT MORTGAGE CORPORATION, FIKJA PHH MORTGAGE SERVICES CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 ATTORNEY FOR PLAINTffF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. C~ -<9SJ ~ CUMBERLAND COUNTY v. SHANE A. SIMMONEAU 4038 CHEROKEE AVENUE CAMP HILL, P A 17011 Defendant 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 PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MA Y BE ABLE TO PROVIDE 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, P A \7013 (800)990-9108 File #: 112178 File #: ] 12178 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 WRITING 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, IF 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 EST ATE. 1. Plaintiff is PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known addressees) of the Defendant(s) are: SHANE A. SIMMONEAU 4038 CHEROKEE AVENUE CAMP HILL, PA 17011 who islare the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 07114/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ALLFIRST BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1557, Page: 118. By Assignment of Mortgage recorded 10115/99 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 627, Page 844. 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 1010 l!2004 and each month thereafter are due and unpaid, and by the tenus 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#: 112178 6. The following amounts are due on the mortgage: Principal Balance Interest 09/01/2004 through 02122/2005 (Per Diem $13 .07) Attorney's Fees Cumulative Late Charges 07/1411999 to 02/22/2005 Cost of Suit and Title Search Subtotal $62,754.21 2,287.25 1,225.00 92.84 $ 550.00 $ 66,909.30 Escrow Credit Deficit Subtotal - 256.52 0.00 $- 256.52 TOTAL $ 66,652.78 7. 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. 8. Notice ofIntention 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) hasfhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or hasfhave been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 66,652.78, together with interest from 02/22/2005 at the rate of$I3.07 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. PHELAN HALLINAN & SCHMIEG, LLP _ . ~~~ By: IslFrancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 112178 All THAT CERTAIN lot or p Lower Allen, County of C described in accordance w t January 20, 1977, by Gerr t and Surveyors, as follows B~GINNING at a point on t Cherokee Avenue, said poi as 31038 feet in prior de Cherokee Avenue and Rose minutes East, 119.78 fee feet wide utility easeme 87 degrees 19 minutes Ea number 144 on the herein along said lot, South 5 (erroneously stated as S deed) 121.5 feet to a po way line of Cherokee Ave deflecting to the right, distance"of 70 feet to a BEING Lot Number 145 of and 87. HAVING THEREON erected as 4038 Cherokee Avenue BEINO THE SAME PREMISES Simmoneau, hie wife con dated June 30, 1989 and Volume 34, Page 100. , e of ground situate in the Township of rland and State of Pennsylvania. a aurvey and plan thereof, dated J. Set2 Associates, Inc., Engineers wit: northerly right of way line of being 310.38 feet (erroneously 5ta~ed ) East of the northeast corner of t Avenue; Thence North 3 degrees 41 o a point in the center line of a 5 Thence in and along the same, North t 51.22 feet to a point a corner of lot f er mentioned Plan of Lots; Thence c reea 13 minutes 8 seconds Bast h 5 degrees 14 minutes East in prior on the aforesaid northerly right of ; Thence along the same, by a curve ving a radius of 450 feet, the arc oint, the place of BEGINNING. ewaydin recorded in plan Book 4, Page 42 story fra~e dwelling known and numbered ioh Albert M. Simmoneau and Carol ~. ed unto Carol A. Simmoneau by Deed corded July 13, 1989 in Record Book B, VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction ofthe court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is 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 its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. 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~ Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: V 22"05 tJ ""' ~. ~ ~ ~ ~ -"-( ~ "' ~ ,r' ~ "'_'0 (."c' ~ ~ ~ t. - , I::.. \ ~ , -.,,+ .. ~ ~ ~ .... {'l .'1 ....::.. ," , '" \ PHELAN HALLINAN & SCHMIEG, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id No. 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for PI intiff PHH MORTGAGE CORPORATION, FfKlA CENDANT MORTGAGE CORPORATION, FfKI A PHH MORTGAGE SERVICES CORPORA TIOIN Plaintiff Court of Common PIe s CUMBERLA1~lD Cou ty No. 05-953-CIVIL vs. SHANE A. SIMMONEAU Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT WITHOUT P AND DISCONTINUE AND END TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, nd mark this case discontinued and ended, upon payment of your costs only. D~i'tl i G Oat By: /..C Lawrence T. Phelan, I\sq. Francis S. Hallinan, E$q. Daniel G. Schmieg, E~q. Attorneys for PlaintiH r) ';en .~~; :..-1 ~:'". (-" \':? c;:, SHERIFF'S RETURN - REGULAR CASE NO: 2005-00953 P COMMONWEALTH OF PENNSYLVANIA: COCNTY OF CUMBERLAND PHH MORTAGE CORP VS SIMMONEAU SHANE A EAROLD WEARY Sheriff or Deputy Sheriff of Cumberland County, pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SIMMONEAU SHANE A t e DEFENDANT at 1948:00 HOURS, on the 1st day of March , 2005 at 4038 CHEROKEE AVENUE CAMP HILL, PA 17011 SHANE SIMMONEAU by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents t ereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 10.36 .00 10.00 .00 38.36 Sworn and Subscribed to before me this 7 day of ~"- .J(?~)~ A.D. ~.,.:, .~/f)./~ o proth~y;r\J So Answers: ".....,/ ""~ '?>>~:~ ..;~f~:)<:.':7'~;~>'~':<<~' 'f~ R. Thomas Kline 03/02/2005 PHELAN HALLINAN SCHMIEG By: riff