HomeMy WebLinkAbout05-1206
PHELAN HALLINAN & SCHMIEG, LLP
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
GMAC MORTGAGE CORPORATION
500 ENTERPRISE ROAD
SUITE 150
HORSHAM, PA 19044-0969
ATTORNEY FOR PLAINTIFF
Plaintiff
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
v.
NO. OS; - 1)66.
~u~( ~fft-~
CUMBERLAND COUNTY
FRED J. KOPPENHAVER
SHERRY L. KOPPENHAVER
350 MIDDLE ROAD
NEWVILLE, P A 17241
Defendants
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, TInS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MA Y OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Lawyer Referral Service
Cumberland County Bar AssociatLon
32 South Bedford Street
Carlisle, P A 170] 3
(800)990-9108
File #: J 12528
File#: 1/2528
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 ESTATE.
1. Plaintiff is
GMAC MORTGAGE CORPORATION
500 ENTERPRISE ROAD
SUITE 150
HORSHAM, PA ]9044-0969
2. The name(s) and last known addressees) of the Defendant(s) are:
FRED J. KOPPENHAVER
SHERRY L. KOPPENHAVER
350 MIDDLE ROAD
NEWVILLE, P A ] 7241
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
3. On 11/03/1995 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the
Recorder of CUMBERLAND County, in Mortgage Book No. 1290, Page: 145.
4. The prernises 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 1110 I 12004 and each month thereafter are due and unpaid, and by the terms
of said rnortgage, 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 #: 1/2528
6. The following amounts are due on the mortgage:
Principal Balance
Interest
10/0112004 through 03/07/2005
(Per Diem $17.72)
Attorney's Fees
Cumulative Late Charges
11/03/1995 to 03/07/2005
Cost of Suit and Title Search
Subtotal
$89,230.55
2,799.76
1,250.00
9\.22
$ 550.00
$ 93,92 \.53
Escrow
Credit
Deficit
Subtotal
0.00
587.76
$ 587.76
TOTAL
$ 94,509.29
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 ofa third party purchaser at Sheriffs
Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be
charged.
8. 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 haslhave 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
$ 94,509.29, together with interest from 03/07/2005 at the rate of$17.72 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, LlJ'/ // .
~5~~
By: ~Francis S. Hallinan
LAWRENCE 1. PHELAN, ESQUIRE
FRANCIS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
File #: '12528
Tract C 1
ALL that cert~in tract or lan~ situate in Upper Kittlin TOWnsnip,
Culllb.u:le.n4 county. pennsylvania.. Ilound"'d and deseri~ as follows,
BEGINNING at a railroad spike 1n tha centerl!ne ot Town.hl~ Road
Ho. T-402, on the line at tet No. 3 on the hereinatter mentionad
plan of lotsl thence alonq th.. latter, south 63 deqr.es ~e minutes
20 ..conds west, a distance ot 207.91 t-.t to a ~etal tenoe po.t:
tl\ance along' the ....... South 41 deq>re.... 55 minutes 00 seeand.. R....t..
a distanoe ot 358.55 teet to an iron pin en the line of LOt No. 11
on .aid plant thence alonq the latter, South 49 deqre.e 0' minutes
00 sec~d.. west, a distanoe'ot 322.16 feat to an iron pin on tne
line ot Lot No. 9 on said plan: thanee along the latter, North 41
d~Cl..e !I' Illitlutes 00 seconds West, a distance of 450.00 feet to an
ilC"on pin, thence along th.. 114"", North '9 d.eqr66c 0' lIinut41S 00
sacon<1. East, II distance Of 522.76 1'e.t to a raLlroad apilee in t:h.
centet:l.1ne ot said T-402; tnenee dong the latear, south 41 devr....
" .inute.. 00 saconds East, .. distance 01' 148.25 teet to e railroad
..pike, the Place ot BEGINNING.
CONTAINING 3.8845 IIcre. according to a subdivision plan tor Aaron
S. Stoltztus by CalC"l O. BArt, R.B., ~.ted Oatober 1977 and t:AOorded
in the orrice ot th.. Recordar of OeMS ror Culllberlend County,
PAnnsylvahia, in plan Book 32, pa9" 1&, and being designated .s Lot
NO. 10 tner"on.
SUBJECT, lIEVERTHt:J:.J>SS, to th.. nstrictions cOlltsincd in prior dMd.
BBDrQ the ..\IIe pr....i..... "hien J8lII.... If. wolf and Sally II. Wolf, by
deeCl dated october 11, 1993 'IlId reC!Ordad in the Office or \:ba
Recorder ot De~ in and Cor CU.berland County, Penn.ylvanie, in
o.e4 IIooJc 30, Yol. "K", page 147, gra.lIt,,4 and convey"d \lJ\to Clann
G. Yan....dIen, Jr, and oeborah Van..dlen, grantor. h.rain.
'rllACT t 2
AS.!. that certain tract: ot U.lId situate 1l'1 uppal: M1trlin TownShip,
CUlllDerland county, P<uu1aylvan1a, bounded snd dClscri.beCl as ~ol1ovs,
BEGINNING at a railroad epika in the c..nt,,~line of TownShip Roa4
No. T-'OZ on the line of Lot No. 3 on the hereinafter ...ntion.~
plan Of lou: th..n".. .long tha latter, south &3 d"9ne~ 51> minutes
20 .eoonds west, a dist.nce of 207.91 t.at to a .etal fencs poRt;
thence alot\<;l th.. ..a..... "o1:tb 41 degrae. 55 ..inute.. 00 AeClonds Wast,
a distance or 294.85 f..t to ah iron pin on tne line of LOt No. 10
on said plan: t~~. along the latter. South 48 d"grees 05 .Inutes
00 ..conds west a di"tahce of 322." fe..t to an iron pIn on tit..
Un.. of J.ot IiIo. ~ on said plant thence along the l..tl;8r an4 Lot !lo.
12 on said plan, South 41 degr.A~ '5 minutes 00 saconds East. a
distance Of 445.01 feet to an iran pin; thRn08 continuing along Lot
No. 12 North 48 degraes 48 minutes 19 seconds a distance of 521.54
feet to a railroad spike in th.. center11n.. of said township road:
thence alo"9 the latter. North 41 degrees 11 .inutes 42 seconds
weet . 4istanee ot 100.00 teet. to a railroad spike. the Place of
IIEGIHNJ:NG.
CONTArNIRG 3.1952 acres according to a subdivision plan ro~ ~ron
S. Stoltlltu.;; by Cerl D. Bert, a.s., dated october 1977 and r~rded
1n the otti"" ot t.he R..co~der of 0.....,.. for CWlberl<<n4 COunty,
,..nn..y1vania, in 1'18n 800): 32, page 18, and being de..iqnat.ed .... Lot
Ira. 11 t.h..~eon.
B.:tIlG the salle preaises wllich Dana P. Brandt and Shirley H. Brandt
by d..., deted March 1, U90 and recorel"el in tile Offic.. at the
aeoorder of DGeds in and for cumberland county. Penn..ylvania. in
Deed 800lt 34. Vol. "L", Page 1107, granted e.nd conveyed unto Glenn
C. V.mllleUafl, Jr. and Oebo~ah Vana.dl"n. grantors h..~"in.
TRACT t 3
ALL t.hat certain tract of land "ituat. in Upper Hifflin Township.
CUIIberllllnd County, Pennsylvania. bounded and described as follows'
BBGINNING at a railroad spi~e in th" cent.erline of Township Road
No. T-402. on the 1in. of Lot NO. 11 on tne h"reinaftar bentioned
Plan of Lots: t.hence along the latter, South 48 d.~.ee 41 .inut.es
11 seoond. west. . distanoa of 5~~.~4 feat. t.o an ~ron pin: thence
along the =<abe, North 41 cl"9"~""" 55 Ilinut..e 00 s""'ond.. w....t. a
dietance of 2~0 feet to an iron 91n on en.. line of Lot ~o. 9 on
said Plan; thena" ala"'1 th.. latt..r. South 48 d"g"""s 41 minutes 16
seconds West, a distance of 276.96 feet to an iron pin on the line
of Lot NO. 27 on said Plan' thence along th.. latter and Lot No. ~I
on said Plan. south U (\.~8ell 11 minutes 42 seconds Ea"t, a
distanc.. o~ 5Z4.98 feet to an iron pin on the lin. of Lot No. 16 an
saiel Plan; thence along the latter. North 48 degrDes 48 minute. 18
second= ~s:, a distance at 230.11 t....t to IIn iron pin on the lin.
of Lot Mo. 13 on ....id Plan: tl\"nce alo"'1 tn.. latt.er. North 41
degrees 11 minutas 42 sGConds W.st, a eli.e.nce of 175 feet to an
iron pin: thence along the same. North 4B d<>qr".. 411 llIinut.as ~.
.Dconds East, III distAnce of 521,54 feet. to a railroad spilt" in the
cent.." lin. at s..id Township Road No. T-402; thenoe alonq th.
latter, North 41 degr.."" 11 minutes 42 "acond8 west. a distAnoe of
100 f..et to thD Place of BEGDlNJ:I'ft;.
CONTAIIlING 4.5641 Acres acoording to e subdivision plan for Aaron
8. Stoltzfus by Carl D. Bert. R.S., dated october U77 and recorded
in the Office of th.. ll.eoorder of ORRel: for CIlllberland COunty,
Pennsylvania, in plan Book 32, Paq" 18, and bei"'1 designated u Lot
No. 12 thereon.
1I1!ING the salla pr.emises whJcn D~M r. nnmtlt. ..no! mdr!&y H. fl"~'llll'
by <loed elated n'fJt.unty ~(,. l!l!lO "1111 L"IlUtltll"ll 111 L!.C! Ul't1uC! ur. Ule
Recorder of Deeds in and for C~ber1and county. Pennsylvania, in
De.,d Book 34. Vol. "L", pac;r.. 1105, granted and conveyed unto Glenn
G. Vanaedlen, Jr. end ~borah vanasdien, grantors h..r.tn.
aHD the sai<l Grantors h"re))y covenant an<\ llgree that they will
varrant specially the property hereby conveyed.
PROPERTY BEING: 350 MIDDLE ROAD
VERIFICA nON
Robert Lelli hereby states that he is FORECLOSURE SPECIALIST of GMAC
MORTGAGE CORPORA nON mortgage servicing agent for Plaintiff in this matter, that he is
authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage
Foreclosure are true and correct to the best of his knowledge, infonnation 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:
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SHERIFF'S RETURN - REGULAR
~
CASE NO: 2005-01206 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GMAC MORTGAGE CORPORATION
VS
KOPPENHAVER FRED J ET AL
VALERIE WEARY
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according 0 law,
says, the within COMPLAINT - MORT FORE
was served upon
KOPPENHAVER FRED J
th
DEFENDANT
, at 1322:00 HOURS, on the 15th day of March
2005
at 350 MIDDLE ROAD
NEWVILLE, PA 17241
by handing to
MILDRED KOPPENHAVER, MOTHER
a true and attested copy of COMPLAINT - MORT FORE
together ith
and at the same time directing Her attention to the contents the eof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
10.36
.00
10.00
.00
38.36
So Answers:
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J
R. Thomas Kline
03/16/2005
PHELAN HALLINAN SCHMIEG
/J tl day
I CIs'
of
Sworn and Subscribed to before By:
me this
Deputy Sheriff
--41~
~
SHERIFF'S RETURN - REGULAR
CASE NO: 2005-01206 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GMAC MORTGAGE CORPORATION
VS
KOPPENHAVER FRED J ET AL
VALERIE WEARY
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn accordin to law,
says, the within COMPLAINT - MORT FORE
was served upon
KOPPENHAVER SHERRY L
DEFENDANT
, at 1322:00 HOURS, on the 15th day of March
at 350 MIDDLE ROAD
NEWVILLE, PA 17241
MILDRED KOPPENHAVER,
by handing to
MOTHER IN LAW
e
2005
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing Her attention to the contents t ereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
.00
.00
10.00
.00
16.00
Sworn and Subscribed to before
m
of
A.D.
~?I
So Answers:
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R. Thomas Kline
03/16/2005
PHELAN HALLINAN SCHMIEG
By:
1/2--
Sheriff
D
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 Plaintiff
GMAC MORTGAGE CORPORATION
Plaintiff
Court of Common Pleas
CUMBERLAND County
No. 05-1206 C.T.
vs.
FRED J. KOPPENHAVER
SHERRY 1. KOPPENHAVER
Defendant(s)
PRAECIPE TO WITHDRAW COMPLAINT, WITHOUT PREJUDICE,
AND DISCONTINUE AND END
TO THE PROTHONOTARY:
Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark
this case discontinued and ended, upon payment of your costs only.
L/ - //- tis ~
, -;7/ -'/ .
By: ~ s: ~
LawrePlfe T. Phelan, Esq.
Francis S. Hallinan, Esq.
Daniel G. Schmieg, Esq.
Attorneys for Plaintiff
Date
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