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Home My WebLink About05-2491 PHELAN HALLINAN & SCHMIEG, LLP LA WRENCE T. PHELAN, ESQ., Id. No. 32227 l'RANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 BANK OF AMERICA, N.A. 101 E. MAIN STREET P.O. BOX 35140 LOUISVILLE, KY 40232-5140 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. CY; - d4q/ {!1l>"L~~ vs. CUMBERLAND COUNTY KELLY A. SHE1TER A1K/ A KELLY ANDREW SHETTER JOEITA SHETTER AlKJA JOETTA L BERT AIKIA JOETTA L SHETTER 1092 PINOLA ROAD SHTPPENSBURG, P A 17257 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 ALA WYER, 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 INFORMA nON 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, PA ]7013 (800)990-9108 Fi1c#: 116103 Fik#: 116103 tF 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 BANK OF AMERICA, N.A. 101 E. MAIN STREET P.O. BOX 35140 LOUISVILLE, KY 40232-5140 2. The name(s) and last known address(es) of the Defendant(s) are: KELLY A. SHETTER AIKJ A KELLY ANDREW SHETTER JOETTA SHETTER AlKJA JOETTA L BERT AIKJ A JOETT A L SHETTER 1092 PINOLA ROAD SHIPPENSBURG, P A 17257 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 08/05/1998 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to SOURCE ONE MORTGAGE SERVICES CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No: 1238, Page: 469. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 0I/OI/200S 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#: ]16103 6. Thc following amounts are due on the mortgage: Principal Balance Interest 12/01/2004 through 05/1 0/2005 (Per Diem $23.83) Attorney's Fees Cumulati ve Late Charges 08/05/1998 to 05110/2005 Cost of Suit and Title Search Subtotal $131,294.80 3,836.63 t ,250.00 138.30 $ 550.00 $ 137,069.73 Escrow Credit Deficit Subtotal 0.00 0.00 $ 0.00 TOTAL $ 137,069.73 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 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 has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not corne 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 $ 137,069.73, together with interest from 05/10/2005 at the rate of$23.83 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 H~ INAN & SCHMIEG, LLP ~,~~ fitL By: /s ran CIs' S":1iillinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Filc#: 116103 LEGAL DESCRIPTION ALL that certain lot of ground located in Southampton Township, Franklin County, Pennsylvania more particularly bounded and describcd as follows: BEGINNING at an existing railroad spike set in the center ofL.R. 280t 5 commonly referred to as the Pinola Road at corner of lands now or formerly of Raymond C. Martin; thence by lands of the said Raymond C. Martin, South eighty-six (86) degrees thirty-one (31) minutes tifty (50) seconds West four hundred ten and seventy-one hundredths (410.71) feet to an existing iron pin; thence by other lands of Jonas R. Hoover and Ella M. Hoover, North forty-two (42) degrees twenty- five (25) minutes two (02) seconds East, four hundred fifty-nine and seventy-two hundredths (459.72) feet to a railroad spike set in the center of the above mentioned L.R. 28015; thence along the center of said roadway, South seventeen (17) degrees thirty-six (36) minutes fifty-one (51) seconds East, three hundred thirty and one hundredths (330.01) feet to an existing railroad spike, the place of BEGINNING. CONTAINING 1.509 acres as per subdivision plan prepared by Dougal and McCans, Inc., approved by the Southampton Township, Franklin County Board of Supervisors on August 27, 1985, and recorded in Franklin County Plan Book 288C, at Page 1116. BEING the same real estate which Jonas R. Hoover and Ella M. Hoover, his wife, by their deed dated March 6, 1986, and recorded April 2, t 986, in Deed Book 953, at Page 3S 1, conveyed to Mahlon R. Diller and Thelma 1. Diller, husband and wife, who by their Attorney-in-Fact, Dennis P. Martin are the Grantors herein. PROPERTY BEING: 1092 PINOLA ROAD FiJeff: 116103 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the 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. ~)l~ FTancis S. Hallinan, Esquire Attorney for Plaintiff DATE:~ ~ :: 1~~ ~ ~ is \) -g ~ rY \" 1--) r-- ~ VJ~ o ~ 0 Q ~.,. c; -n -" -""", - w -~ -.". Co.) - OJ PHELAN HALLINAN & SCHMIEG, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Sdunieg, Esq., Id No. 62205 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff BANK OF AMERICA, N.A. Plaintiff Court of Common Pleas CUMBERLAND County No. 2005-2491 vs. KELLY A. SHETTER, AfKI A KELLY ANDREW SHETTl5R JOETT A SHETTER, AfKI A JOETT A 1. BERT, AfKI A JOETT A 1. SHETTER 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. ~4~ftJ-- Date ~ ByrPzu'-U t!/'J' I, ~ Lawrence T. Phelan, Esq. Francis S. Hallinan, Esq. Daniel G. Schmieg, Esq. Attorneys for Plaintiff ,~ ' ,." "'" (::;..7 0' r" -' q\ .-\ f~~ <:?-~ (:? _.,,~ >~??'.~l Orn -, ~~r {t? o o