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Home My WebLink About06-3991PHELAN 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 135950 CHASE MANHATTAN BANK USA, N.A. 111 E. WISCONSIN AVE 6TH FLOOR, WI1-4030 MILWAUKEE, WI 53202 Plaintiff V. LISA ANN GUEVARA A/K/A LISA A. METRO 308 BEVERLY ROAD CAMP HILL, PA 17011 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. oi. -3441 CUMBERLAND COUNTY 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 #i 135850 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 N: 135850 Plaintiff is CHASE MANHATTAN BANK USA, N.A. 111 E. WISCONSIN AVE 6TH FLOOR, WI1-4030 MILWAUKEE, WI 53202 2. The name(s) and last known address(es) of the Defendant(s) are: LISA ANN GUEVARA A/K/A LISA A. METRO 308 BEVERLY ROAD CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 12/06/1996 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: 1355, Page: 86. 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 02/15/2006 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 #: 135850 6. The following amounts are due on the mortgage: Principal Balance $24,985.74 Interest 1,133.07 01/15/2006 through 07/12/2006 (Per Diem $6.33) Attorney's Fees 1,250.00 Cumulative Late Charges 0.00 12/06/1996 to 07/12/2006 Cost of Suit and Title Search 550.00 Subtotal $ 27,918.81 Escrow Credit 0.00 Deficit 1,274.00 Subtotal $ 1.274.00 TOTAL $ 29,192.81 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 29,192.81, together with interest from 07/12/2006 at the rate of $6.33 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, LLP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 135850 LEGAL DESCRIPTION ALL THAT CERTAIN tract or piece of land situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, more particularly bounded and described according to survey of William B. Whitlock, dated December 8, 1965, as follows: BEGINNING at a point on the westerly line of Beverly Road (50 feet wide) which point is on the line dividing Lots Nos. 2 and 3, Block P on the hereinafter mentioned plan of lots, and which point is one hundred thirty-five (135) feet measured along said line of Beverly Road northwardly from the northern line of Lincoln Street; thence south 78 degrees 09 minutes west along said dividing line one hundred twenty (120) feet to a point; thence north 11 degrees 51 minutes west a distance of sixty (60) feet to a point in the line dividing Lots Nos. 3 and 4, Block P on said plan; thence north 78 degrees 09 minutes east along the last dividing line one hundred twenty-seven and eight tenths (127.8) feet to a point at the westerly line of Beverly Road; thence along the said line of Beverly Road in a curve to the left having a radius of two hundred sixty-five (265) feet, an arc distance of sixty and seventy-three hundredths (60.73) feet to a point, the place of BEGINNING. BEING Lot No. 3, Block P on the Plan of Lots of Beverly Park, Camp Hill, which plan is recorded in the office of the recording of deeds in and for Cumberland County, Pennsylvania in Plan Book 3, Page 19. HAVING thereon erected a one story frame dwelling known and numbered 308 Beverly Road, Camp Hill, Pennsylvania. BEING the same premises Carl E. Weber, Widower, by Deed dated November 17, 1989 and recorded November 21, 1989 in the Office of the Recorder of Deeds in Deed Book 34-H, Page 82, granted and conveyed unto Lisa A. Guevara, Joseph M. Metro and Rosalyn M. Metro, husband and wife, grantors herein. PROPERTY BEING: 308 BEVERLY ROAD File #: 135850 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 unworn falsification to authorities. Ae, FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ? d G ? i a; (V-)) SHERIFF'S RETURN - REGULAR CASE NO: 2006-03991 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN BANK USA NA VS GUEVARA LISA ANN AKA LISA METR DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GUEVARA LISA ANN AKA LISA A METRO the DEFENDANT , at 2026:00 HOURS, on the 19th day of July 2006 at 308 BEVERLY ROAD CAMP HILL, PA 17011 LISA METRO a true and attested copy of COMPLAINT - MORT FORE by handing to together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 13.20 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 41.20j/ 07/20/2006 9asa?4 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: before me this day Deputy Y p y Sheriff of A.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. 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff CHASE MANHATTAN BANK USA, N.A. Plaintiff vs LISA ANN GUEVARA A,/K/A LISA A. METRO Defendant Court of Common Pleas : I Civil Division : I CUMBERLAND County : I No. 06-3991 PRAECIPE TO THE PROTHONOTARY: X Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. Date: October 20, 2009 PHELAN HALLIN Lr By: L nce T. Phelan , ooffo- 32227 rancis S. Hallinan, 40,1d. No. 62695 Daniel G. Schmieg, Esq., Id. No. 622, 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 PHS# 135850 Attorneys for Plaintiff Fli E2, 2009 OCT 21 Ali`! 11: 1 I