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Home My WebLink About05-6208PHELAN 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, F/K1A GMAC MORTGAGE CORPORATION OF PA 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 Plaintiff V. FRED J.KOPPENHAVER SHERRY L. KOPPENHAVER 350 MIDDLE ROAD NEWVILLE, PA 17241 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON''PLEAS CIVIL DIVISION TERM NO. 0. 5'- &,ZOP ( 1,0 C. L1-7? CUMBERLAND 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 i pages, you must take action within twenty (20) days after this complaint and notice are ser, entering a written appearance personally or by attorney and filing in writing with the court or objections to the claims set forth against you. You are warned that if you fail to do so It proceed without you and a judgment may be entered against you by the court without forth any money claimed in the complaint or for any other claim or relief requested by the plaint lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NO LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TC YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TC PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 following d, by )ur defenses case may notice for F. You may HAVE A 30VIDE YOU PROVIDE File 4_ 126303 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 ASSUMEI 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 DEB" 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. File #: 126303 Plaintiff is GMAC MORTGAGE CORPORATION, F/K/A GMAC MORTGAGE CORPORATION OF PA 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 2. The name(s) and last known address(es) of the Defendant(s) are: FRED 1.KOPPENHAVER SHERRY L. KOPPENIIAVER 350 MIDDLE ROAD NEWVILLE, PA 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter On 11/03/1995 mortgagor(s) made, executed and delivered a mortgage upon the remises hereinafter described to PLAINTIFF which mortgage is recorded in the Office o the Recorder of CUMBERLAND County, in Mortgage Book No. 1290, Page: 145. 1 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest u on said mortgage due 08/01/2005 and each month thereafter are due and unpaid, and by t e 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 re collectible forthwith. File #'. 126303 6. The following amounts are due on the mortgage: Principal Balance $94,157.24 Interest 2,879.80 07/01/2005 through 12/01/2005 (Per Diem $18.70) Attorney's Fees 1,250.00 Cumulative Late Charges 92.88 11/03/1995 to 12/01/2005 Cost of Suit and Title Search 550.00 Subtotal $ 98,929.92 Escrow I Credit 0.00 Deficit 100.76 Subtotal 100.76 TOTAL $ 99,030.68 7. The attorney's fees set forth above are in conformity with t he mortgage document and Pennsylvania law, and will be collected in the event of a th ird party purchaser at S heriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be char ged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeow>ler's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Noti e of Default as required by the mortgage document, as applicable, have been sent to the Defenda t(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) hasihave 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 come under Act 6 of 1974 because the original mortgage am?unt exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in t sum of $ 99,030.68, together with interest from 12/01/2005 at the rate of $18.70 per diem to the d to of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sa a of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: /s/Francis S. Halli n LAWRENCE T. PHELA , ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 126303 LEGAL DESCRIPTION Tract 41 ALL that certain tract of land situate in Upper Mifflin Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a railroad spike in the centerline of Township Road No. T-402, on the line of Lot No. 3 on the hereinafter mentioned plan of lots; thence along the latter, South 63 degrees 56 minutes 20 seconds West, a distance of 207.91 feet to a metal fence post; thence along the same, South 41 degrees 55 minutes 00 seconds East, a distan e of 358.55 feet to an iron pin on the line of Lot No. 11 on said plan; thence along the latter, South 48 degrees 05 minutes 00 seconds West, a distance of 322.76 feet to an iron pin on the line of Lot No. 9 on said plan; thence along the latteri North 41 degrees 55 minutes 00 seconds West, a distance of 450,00 feet to an iron pin; thence along the same, North 8 degrees 05 minutes 00 seconds East, a distance of 522.76 feet to a railroad spike in the centerline of said T-402; thence long the latter, South 41 degrees 55 minutes 00 seconds East, a distance of 148.25 feet to a railroad spike, the Place of BEGINNING. CONTAINING 3.8845 acres according to a subdivision plan for Aaron S. Stoltzfus by Carl D. B rt, R.S., dated October 1977 and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 32, Page 18, and being designated as Lot No. 10 thereon. SUBJECT, NEVERTHELESS, to the restrictions contained in prior deed. on said Plan, South 41 degrees I 1 minutes 42 seconds East, a distance of 524.98 feet to an iron pi on the line of Lot No. 16 on said Plan; thence along the latter, North 48 degrees 48 minutes 18 seconds East, a distance f2 80.11 feet to an iron pin on the line of Lot No. 13 on said Plan; thence along the latter, North 41 degrees 11 minutes 4 seconds West, a distance of 175 feet to an iron pin; thence along the same, North 48 degrees 48 minutes 18 seconds East, a distance of 521.54 feet to a railroad spike in the center line of said Township Road No. T-402; thence along t e latter, North 41 degrees I I minutes 42 seconds West, a distance of 100 feet to the Place of BEGINNING. CONTAINING 4.5641 Acres according to a subdivision plan for Aaron S. Stoltzfus by Carl D. B rt, R.S., dated October 1977 and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 32, Page 18, and being designated as Lot No. 12 thereon. BEING the same premises which Dana P. Brandt and Shirley M. Brandt by deed dated Februarythe Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book granted and conveyed unto Glenn G. Vanasdlen, Jr, and Deborah Vanasdlen, grantors herein. PROPERTY BEING: 350 MIDDLE ROAD 1990 and recorded in Vol. 'L', Page 1105, Fite k: 126303 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 on 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 his 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 unswom falsification to authorities. FRANCIS S. IIALLINAN, ESQUIRE Attorney for Plaintiff DATE: I ? ) I Os - ? d =r; F , ( y CASE NO: 2005-06208 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS KOPPENHAVER FRED J ET AL SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KOPPENHAVER FRED J the DEFENDANT , at 1650:00 HOURS, on the 27th day of December , 2005 at 350 MIDDLE ROAD NEWVILLE, PA 17241 SHERRY KOPPENHAVER, WIFE by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs Docketing 18 .00 Service 13 .44 Affidavit .00 Surcharge 10 .00 .00 41 .44 Sworn and Subscribed to before me this /` day of ,7 o-p A. D. Pro 0 a? So Answers: f R. Thomas Kline 12/28/2005 PHELAN HALLINAN SCHMIEG By : Deputy She 'ff SHERIFF'S RETURN - REGULAR w ^ CASE NO: 2005-06208 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS KOPPENHAVER FRED J ET AL SHANNON SHER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KOPPENHAVER SHERRY L the DEFENDANT , at 1650:00 HOURS, on the 27th day of December-, 2005 at 350 MIDDLE ROAD NEWVILLE, PA 17241 by handing to SHERRY KOPPENHAVER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before So Answers: R. Thomas Kline 12/28/2005 PHELAN HALLINAN SCHMIEG B 1i Deputy S riff me this _Cw. day of PHELAN HALLINAN & SCHMIEG, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id No. One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE Court of Common Pleas CORPORATION,... Civil Division Plaintiff CUMBERLANDCounty vs No. 05-6208 CIVIL TERM FRED J. KOPPENHAVER SHERRY L. KOPPENHAVER PHS# 126303 Defendant PRAECIPE TO THE PROTHONOTARY: Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. X Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: October 15, 2008 rands Hallinan Attorney for Plaintiff C3 ? Q r? ? m - c , m '' rn ? N: W PHELAN HALLINAN & SCHMIEG, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id No. 62205 One Penn Center at Suburban Station ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 [GMAC MORTGAGE Court of Common Pleas ORPORATION, F/K/A GMAC ORTGAGE CORPORATION OF Civil Division A CUMBERLAND County Plaintiff No. 05-6208 vs PHS# 126303 FRED J. KOPPENHAVER SHERRY L. KOPPENHAVER Defendant PRAECIPE TO THE PROTHONOTARY: X Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Date: October 22, 2008 Francis S. Hal inan Attorney for Plaintiff ? ....,E i'Y