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HomeMy WebLinkAbout06-0969PHELAN 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 V. NORMAN D. KUMLER AWA NORMAN DAVID KUMLER THERESA A. KUMLER 1387 SIMPSON FERRY NEW CUMBERLAND, PA 17070 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. 01. - 41.q (?"iL CUMBERLAND COUNTY 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, 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File k: 130995 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. File #: 130995 Plaintiff is GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 2. The name(s) and last known address(es) of the Defendant(s) are: NORMAN D. KUMLER A/K/A NORMAN DAVID KUMLER THERESA A. KUMLER 1387 SIMPSON FERRY NEW CUMBERLAND, PA 17070 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 08/27/1998 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to NORTH AMERICAN MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1478, Page: 902. By Assignment of Mortgage recorded 1/11/2000 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 635, Page 577. 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 11/01/2005 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 4: 130995 6. The following amounts are due on the mortgage: Principal Balance $112,435.39 Interest 3,073.00 10/01/2005 through 02/17/2006 (Per Diem $21.95) Attorney's Fees 1,250.00 Cumulative Late Charges 99.10 08/27/1998 to 02/17/2006 Cost of Suit and Title Search 550.00 Subtotal $ 117,407.49 Escrow Credit 158.27 Deficit 0.00 Subtotal $- 158.27 TOTAL $ 117,249.22 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. 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 $ 117,249.22, together with interest from 02117/2006 at the rate of $21.95 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 HALE AN & SCHMIEG, LLP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLfNAN, ESQUIRE Attorneys for Plaintiff File #: 130995 LEGAL DESCRIPTION ALL THAT CERTAIN property situated in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northerly line of Simpson Ferry Road at the dividing tine between Lots Nos. 48 and 49 on the hereinafter mentioned Plan of Lots; thence in a northwesterly direction along the said dividing line, 105 feet to Lot No. 35 on said plan; thence in a southwesterly direction along said Lot No. 35, a distance of 52.03 feet to Lot No. 50 on said plan; thence in a southeasterly direction along said No. 50, a distance of 96.46 feet (erroneously described as 93.19 feet on the said Plan), to the northerly line of Simpson Ferry Road; thence in a northeasterly direction along the curve of Simpson Ferry Road by a curve to the left having a radius of 262.26 feet, a distance of 90 feet to Lot No. 48 on said Plan, the Place of BEGINNING. BEING Lot No. 49 in a Plan of Lots known as Plan of Forrest Hills, said Plan being recorded in Plan Book 4, Page 54, Cumberland County records. HAVING thereon erected a two story dwelling house known as 1387 Simpson Ferry Road, New Cumberland, Pennsylvania. UNDER AND SUBJECT, nevertheless, to restrictions, conditions, and easements of prior record pertaining to said premises. BEING the same premises which Mark S. Ulsh and Karen M. Ulsh, his wife, by deed dated September 22, 1993 and recorded on September 29, 1993 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book O, Volume 36, Page 132, granted and conveyed unto Kevin R. Rivenburg and Deborah L, Rivenburg, his wife, grantors herein. File 9 130995 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. HALLINAN, ESQUIRE Attorney for Plaintiff rl u,?, DATE_ /-- V03 CASE NO: 2006-00969 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS KUMLER NORMAN D ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KUMLER NORMAN D AKA NORMAN DAVID KUMLER the DEFENDANT , at 1845:00 HOURS, on the 27th day of February , 2006 at 1387 SIMPSON FERRY NEW CUMBERLAND, PA 17070 by handing to NORMAN KUMLER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 14.96 Affidavit .00 Surcharge 10.00 .00 42.96 Sworn and Subscribed to before me this ;2tAA day of ?titwi o?1rU(o A. D. Prot o ary So Answers: R. Thomas Kline [vI/ 02/28/2006 PHELAN HALLINAN SCHMIEG By: ? ? (}?? Deputy Sheriff SHERIFF'S RETURN - REGULAR t CASE NO: 2006-00969 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS KUMLER NORMAN D ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KUMLER THERESA A the DEFENDANT , at 1845:00 HOURS, on the 27th day of February , 2006 at 1387 SIMPSON FERRY NEW CUMBERLAND, PA 17070 by handing to NORMAN KUMLER, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His 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 me this ZJAt- day of A. D. TV) rothNry So Answers: R. Thomas Kline 02/28/2006 PHELAN HALLINAN SCHMIEG 1 Deputy Sheriff 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 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff GMAC MORTGAGE CORPORATION Plaintiff vs NORMAN D. KUMLER A/K/A NORMAN DAVID KUMLER THERESA A. KUMLER Defendant : I Court of Common Pleas : I Civil Division CUMBERLAND County No. 06-%9 TO THE PROTHONOTARY: PRAECIPE X Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. Date: October 20, 2009 PHELAN & - G, LLP Lawrence T. Phel Sj.. No. 32227 Francis S. Halli sq., Id. No. 62695 / Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 PHS# 130995 Attorneys for Plaintiff FILE, F-i'kU7 P r , , ' `" 2009 OCT 21 AH 1 ?