The URL can be used to link to this page

Home My WebLink About15-0297 Supreme Cour-t,af Pennsylvania Cour."`a Cmmo,' ,Pleas For Prothonotary Use Only: 'vi`1xCoveheet CU= COUnty Docket No: The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service o leadin s or other papers as required by law or rules of court. S Commencement of Action: ❑D Complaint ❑ Writ of Summons ❑ Petition E ❑Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: JPMORGAN CHASE BANK, Lead Defendant's Name: WILLIAM T. OTT, JR A/K/A T NATIONAL ASSOCIATION WILLIAM OTT jAre money damages requested? El Yes ❑x No Dollar Amount Requested: Elwithin arbitration limits 0 (Check one) ❑x outside arbitration limits N Is this a Class Action Suit? ❑ Yes 19 No- Is this an MDJ Appeal? ❑ Yes R No A Name of Plaintiff/Appellant's Attorney: PETER WAPNER,Esq.,Id.No.318263, Phelan Hallinan,LLP ❑ Check here if you have no attorney (are a Self-Represented [Pro Sel .Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE.If you are making more than one type of claim, check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL.APPEALS ❑ Intentional ❑Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑Nuisance ❑Dept. of Transportation ❑Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability(does not S include mass tort) ❑ Employment Dispute: ❑ Slander/Libel/Defamation Discrimination E ❑Other: ❑ Employment Dispute: Other ❑Zoning Board C ❑ Other: T I MASS TORT ❑Other: 0 ❑ Asbestos N ❑ Tobacco ❑Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑Ejectment ❑ Common Law/Statutory Arbitration B ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑Non-Domestic Relations ®Mortgage Foreclosure: Residential Restraining Order PROFESSIONALLIABILITY ❑Mortgage Foreclosure: Commercial ❑Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑Quiet Title ❑ Other: ❑ Medical El Other: ❑ Other Professional: Pa.R.C.P, 205.5 Updated 01/0112011 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 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 (717)249-3166 (800)990-9108 File#: 957673 :.j ^ C ,- j.}C rs�,','1G C0U"TY PHELAN HALLINAN,LLP PETER WAPNER, Esq.,Id.No.318263 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia,PA 19103 peter.wapner@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS 3415 VISION DRIVE COLUMBUS, OH 43219 CIVIL DIVISION Plaintiff TERM V. r w r 1 UI WILLIAM T. OTT,JR A/K/A WILLIAM OTT 707 BARBARA STREET CUMBERLAND COUNTY NEW CUMBERLAND, PA 17070-1531 KELLY A. OTT 707 BARBARA STREET NEW CUMBERLAND,PA 17070-1531 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE IK75 Oja File#: 957673 � - � �s7?� 1. Plaintiff is JPMORGAN CHASE BANK,NATIONAL ASSOCIATION 3415 VISION DRIVE COLUMBUS, OH 43219 2. The name(s) and last known address(es) of the Defendant(s) are: WILLIAM T. OTT, JR A/K/A WILLIAM OTT 707 BARBARA STREET NEW CUMBERLAND, PA 17070-1531 KELLY A. OTT 707 BARBARA STREET NEW CUMBERLAND, PA 17070-1531 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/30/1998 WILLIAM T. OTT, JR and KELLY A. OTT made, executed and delivered a mortgage upon the premises hereinafter described to CENDANT MORTGAGE CORPORATION, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1503, Page 115. By Assignment of Mortgage recorded 03/05/2013 the mortgage was assigned to JPMORGAN CHASE BANK,NATIONAL ASSOCIATION , which Assignment is recorded in Assignment of Mortgage Instrument No. 201307070.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 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION 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. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2013 and each month thereafter are due and unpaid, and by the terms File#: 957673 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. 6. The following amounts are due on the mortgage as of 11/28/2014: Principal Balance $70,069.51 Interest from $7,357.32 05/01/2013 through 10/31/20 14 Late Charges $473.16 Property Inspections $408.25 Property Preservation $412.16 Escrow Advance $4,018.23 Subtotal $82,738.63 Suspense Balance $1( 51.88) TOTAL $82,586.75 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 Deferi'dant(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,Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, 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 File#: 957673 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$82,586.75, 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, LLP By: PETER WAPNER, Esq., Id. No.318263 Attorney for Plaintiff File#: 957673 Pennsylvania Verification Sharon Ray , hereby states that he/she is Vice President of JPMorgan Chase Bank, N.A. the Plaintiff in this matter, and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information, and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Sharon Ray Vice President Date: 01/07/15 JPMorgan Chase Bank,N.A Borrower: William T Ott Jr. and Kelly A Ott Property Address: 707 Barbara St, New Cumberland, PA 17070 County: Cumberland Last Four of Loan Number:3283 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, more particularly bounded and described in accordance with a survey of D. P. Raffensperger Associates, Engineers and Surveyors, dated November 20, 1972, as follows: BEGINNING at a point on the western line of Barbara Street, which point is 214 feet South of Brandt Avenue; thence along the western line of Barbara Street, South 44 degrees 42 minutes West 63 feet to a point; thence North 45 degrees 18 minutes West 110 feet to a point; thence North 44 degrees 42 minutes East 63 feet to a point; thence South 45 degrees 18 minutes East 110 feet to the point of BEGINNING. BEING 56 feet of Lot No. 8 and 7 feet of Lot No. 7 on Plan of Forrest Hills, as recorded in the Cumberland County Recorder's Office in Plan Book 4, Page 54. HAVING THEREON ERECTED a one story stucco dwelling house, known as No. 707 Barbara Street,New Cumberland, Pennsylvania. PROPERTY ADDRESS: 707 BARBARA STREET,NEW CUMBERLAND, PA 17070- 1531 PARCEL #26-24-0809-088. File#: 957673