The URL can be used to link to this page

Home My WebLink About06-5564 PHELAN HALLINAN & SCHMIEG, LLP LA WRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, P A 19103 (215) 563-7000 J40914 AMERICAN HOME BANK, N.A. 805 ESTELLE DRIVE SUITE 101 LANCASTER, PA 17601-2131 A TIORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM Gio~L'-r€JL~ v. NO. Of.. -S'90Y CUMBERLAND COUNTY STEVE A. KAUFFMAN 1 COBBLESTONE DRIVE CARLISLE, PA 17013 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 LA WYER A T ONCE. IF YOU DO NOT HAVE A LA WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE 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, P A 17013 (800)990-9108 File #: 140914 . File #: 140914 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. 1. Plaintiff is AMERICAN HOME BANK, N.A. 805 ESTELLE DRIVE SUITE 101 LANCASTER, PA 17601-2131 2. The name(s) and last known address(es) of the Defendant(s) are: STEVE A. KAUFFMAN 1 COBBLESTONE DRIVE CARLISLE, P A 17013 who is/are the mortgagor(s) and real owner(s) ofthe property hereinafter described. 3. On 08/16/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office ofthe Recorder of CUMBERLAND County, in Book: 1768, Page: 3926. 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 06/0 l/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 #: 140914 . 6. The following amounts are due on the mortgage: Principal Balance Interest 05/0 I /2006 through 09/22/2006 (Per Diem $23.05) Attorney's Fees Cumulative Late Charges 08/16/2002 to 09/22/2006 Cost of Suit and Title Search Subtotal $122,395.94 3,342.25 1,225.00 126.06 $ 550.00 $ 127,639.25 Escrow Credit Deficit Subtotal TOTAL 0.00 281.58 $ 281.58 $ 127,920.83 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 ofIntention 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 $ 127,920.83, together with interest from 09/22/2006 at the rate of$23.05 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 7~J~ By: Is/Francis S. Hallinan LA WRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 140914 . .. LEGAL DESCRIPTION All the following described real estate lying and being situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING at a point on the eastern dedicated right of way line of Petersburg Road, SR 2001 at the southwest comer of Lot 28 as shown on the above-described subdivision plan; thence by Lot 28, South 84 degrees 11 minutes 1 second East 167 feet to a point on the western right of way line of Flagstone Drive, 50-foot wide right of way; thence by the western right of way line of Flagstone Drive, South 5 degrees 48 minutes 59 seconds West 66.84 feet to a point on the intersection of the western right of way line of Flagstone Drive with the northern right of way line of Cobblestone Drive, 50-foot wide right of way; thence by said intersection by a curve to the right having a radius of25 feet, an arc distance of36.3 feet to a point on the northern right of way line of Cobblestone Drive; thence by said right of way line, South 89 degrees 0 minutes 12 seconds West 55.62 feet to a point; thence continuing by said right of way line, by a curve to the right having a radius of 175 feet, an arc distance of 19.92 feet to a point; thence continuing by said right of way line, South 84 degrees 28 minutes 32 seconds West 44.74 feet to a point at the intersection of the northern right of way line of Cobblestone Drive with the eastern dedicated right of way line of Petersburg Road; thence by said intersection, by a curve to the right having a radius of25 feet, an arc distance of 39.4 feetto a point on the eastern dedicated right of way line of Petersburg Road; thence by said dedicated right of way line, North 5 degrees 48 minutes 59 seconds East 74.73 feet to a point on said dedicated right of way line, the point and place of beginning. BEING designated Lot 27 on plan of lots for Cobblestone Estates, Sheet No.2, recorded in Cumberland County, P A, Plan Book 70, Page l30A. PROPERTY BEING: I COBBLESTONE DRIVE File #: 140914 < . VRRTFlCA TTON 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 unsworn falsification to authorities. .~/ leL FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: q/~ 1( - ~ w oJ () () (:) ""c\.. ~ ~ ~ ~ Crt CY -tJ ?=- ~ ~ Q c ~ ~~:f' ~ C;) c:l""' (Jj rri -U f" U\ ;po ::;r.: 9 N \..0 ~~ % ~ II:) -0 rf1 -oc? ,~~C) -: -'f, "1:. -;1 .....1.~ :'kh4 9\ ~ SHERIFF'S RETURN - REGULAR CASE NO: 2006-05564 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AMERICAN HOME BANK N A VS KAUFFMAN STEVE A RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KAUFFMAN STEVEN A the DEFENDANT , at 1500:00 HOURS, on the 4th day of October 2006 at 1 COBBLESTONE DRIVE CARLISLE, PA 17013 by handing to HEATHER KAUFFMAN, WIFE 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 4.40 .00 10.00 .00 32.40/'10/06/2006 110&/Ov PHELAN HALLINAN ?'~~ R. Thomas Kline ~ SCHMIEG Sworn and Subscibed to By: C;;:V~r-P Deputy Sneriff before me this day of A.D. 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, PA 19103-1814 (215) 563-7000 American Home Bank, N.A. ATTORNEY FOR PLAINTIFF : Court of Common Pleas Plaintiff : Civil Division vs. : Cumberland County Steve A. Kauffinan Defendant(s) : No. 06-5564 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. Dare:~# ~df J)~ Francis S. Hallinan, Esquire Attorney for Plaintiff PHS# 140914 ~ ~ ~ 9 r ~ , t!\ ~ ~ ~ ~ . . t'. - (J'\ ~ - -0 :c..,.., ~8 :It %~ 5-c - ~ .. i - (t)