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HomeMy WebLinkAbout06-4933 PHELAN 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 139547 CHASE HOME FINANCE LLC, SIB/M TO CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS,OH 43219 ATTORNEY FORPLAINTWF Plaintiff COURT OF COMMON PLEAS CNIL DIVISION TERM NO. ex. -1./1~~ eiuiL'-r~ v. CUMBERLAND COUNTY PATRICIA M. LUSH NKJA PATRICIA H. LUSH 2005 DARTMOUIH STREET CAMPHILL,PA 17011 Defendant 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 #: 139547 File #: 139547 IF TillS 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 CHASE HOME FINANCE LLC. SIB/M TO CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS,OH 43219 2. The name(s) and last known addressees) of the Defendant(s) are: PATRICIA M. LUSH AlKJA PATRICIA H. LUSH 2005 DARTMOUTH STREET CAMPHILL.PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 07/01/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to THE W ASHINGTON SAVINGS BANK, FSB which mortgage is recorded in the Office ofthe Recorder of CUMBERLAND County, in Mortgage Book No. 1822. Page: 2203. By Assignment of Mortgage recorded 07/0912004 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 709, Page 3709. 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 05/01/2006 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 #: 139547 6. The following amounts are due on the mortgage: Principal Balance Interest 04/01/2006 through 08/23/2006 (Per Diem $7.92) Attorney's Fees Cumulative Late Charges 07/01/2003 to 08/23/2006 Cost of Suit and Title Search Subtotal $60,890.33 1,148.40 1,250.00 108.88 $ 550.00 $ 63,947.61 Escrow Credit Deficit Subtotal TOTAL 0.00 0.00 $ 0.00 $ 63,947.61 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and wiII 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 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 $ 63,947.61, together with interest from 08/23/2006 at the rate of$7.92 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. LLINAN & Sf~?H _ , ' 'cS~ By: / r cis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHEL File #: 139547 LEGAL DESCRIPTION ALL THOSE CERTAIN lots or tracts ofland situate in the Borough of Camp Hill, County of Cumberland, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern line of Dartmouth Street, said point being 423.09 feet from the southwestern corner of the intersection between 19th Street and Dartmouth Street measured in a westerly direction; TIIENCE extending South 7 degrees 13 minutes East, 100 feet through Lot No. 15 on the hereinafter mentioned Plan of Lots to a point; THENCE extending South 82 degrees 47 minutes West, 65 feet along Lots Nos. 15, 14 and 13 to a point on the hereinafter mentioned Plan of Lots; THENCE extending North 7 degrees 13 minutes West, 100 feet through Lot No. 13 on the hereinafter mentioned Plan of Lots to a point on the southern line of Dartmouth Street; TIIENCE by said line North 82 degrees 47 minutes East, 65 feet to a point, the PLACE OF BEGINNING. BEING the eastern 25 feet of Lot No. 13, all of Lot No. 14, and the western 10 feet of Lot No. 15 on the Plan of Camp HilI Estates which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 1, Page 90 and also BEING the center Lot on the Re-Subdivision Plan of Lots 11, 12, 13, 14, 15, 16 and part of 17, Plan of Camp HilI Estates as recorded in the Cumberland County Recorder's Office in Plan Book 22, page 121, October 20, 1971. HAVING thereon erected a brick and aluminum dwelling house known and numbered as 2005 Dartmouth Street, Camp HilI, Pennsylvania. BEING the same premises which William H. Lush and Barbara A. Lush by their Deed dated June 5, 1979 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book M-28, page 113, granted and conveyed unto William H. Lush. PROPERTY BEING: 2005 DARTMOUTH STREET File #: 139547 . ' . .. V1tRlFIrA TTON FRANCIS S. HALLINAN, ESQUIRE hereby stales 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 unsworn falsification to authorities. :J:; / ~ DATE: o/Z3# FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff . ' . n ;Q. () r-> ~ ~ '.::;.:1 ~ C (~ <Y' ~ 'F~ ~ ". :r.:n '""tJ l~i~ rnrC': C ':';:fn z: en tI1 z N ~,..~o ( ~', ..,- i"ic ..).- D -~, ~, :~--r; \'"-', . - <<;J '~~:: ~ '5:D ~ f- ::;J:: ';.c.,.. C) 9 om ~ ...0 .T 1.... C-\ / ~ ~ - =< 0 CI) -' - E '" PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, P A 19103-1814 (215) 563-7000 Chase Home Finance llc, slblm to Chase Manhattan Mortgage Corporation ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Patricia M. Lush, alk/a Patricia H. Lush Defendant(s) No. 06-4933 C.T. 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. Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: ., I' , /J if I:)!' ;/, it' / " ' 1;( , I ( /."t.- -' l V /~) I // /;, I ' , I I' , - ( . '/' /. ..' ',: U {(Ii I' \ ' I-t/lt Z-, Francis S. Hallinan, Esquire Attorney for Plaintiff PHS# 139547 o ~~. r-' = (? c:T" '2 -: ,. --1 I .s::- o --n -I -c-r; rne _.-,11\ i~5,~j ~:"f: :~~l ,&~ -,.,. ~ ~ ~ - - c.:> .z-- SHERIFF'S RETURN - REGULAR CASE NO: 2006-04933 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE HOME FINANCE LLC VS LUSH PATRICIA M AKA PATRICIA H KENNETH GOSSERT , Sheriff or Deputy Sheriff of cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LUSH PATRICIA M AKA PATRICIA H LUSH the DEFENDANT , at 1055:00 HOURS, on the 30th day of August , 2006 at 2005 DARTMOUTH STREET CAMP HILL, PA 17011 by handing to PATRICIA LUSH 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 Service Affidavit Surcharge So Answers: 18.00 13.20 .00 10.00 .00 41. 20~ q- 0/; 1/0& ~~~ R. Thomas Kline 08/30/2006 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: before me this day of A.D.