The URL can be used to link to this page

Home My WebLink About07-4016 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 PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 157084 SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23261-7767 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM v. Plaintiff NO. ~7- ~O1(o Civi I T~Ptrv1 CUMBERLAND COUNTY Defendants CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE MELISSA L. SMART A/K/A MELISSA LYNN SMART JOHN G. SMART 4 ANNETTE DRIVE ENOLA, PA 17025 File #: 157084 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 #: 157084 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 File #: 157084 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 #: 157084 1. Plaintiff is SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23261-7767 2. The name(s) and last known address(es) of the Defendant(s) are: MELISSA L. SMART A/K/A MELISSA LYNN SMART JOHN G. SMART 4 ANNETTE DRIVE ENOLA, PA 17025 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/27/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR MEMBERS 1sT FEDERAL CREDIT UNION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1942, Page: 2412. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 02/01/2007 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 #: 157084 6 The following amounts are due on the mortgage: Principal Balance $143,424.44 Interest $4,673.82 O 1 /01 /2007 through 07/02/2007 (Per Diem $25.54) Attorney's Fees $1,250.00 Cumulative Late Charges $183.36 02/27/2006 to 07/02/2007 Cost of Suit and Title Search $750.00 Subtotal $150,281.62 Escrow Credit $0.00 Deficit $22.93 Subtotal $22.93 TOTAL $150,304.55 7 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in ~ersonam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 157084 9. 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. 10. 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 $150,304.55, together with interest from 07/02/2007 at the rate of $25.54 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 HALL AN &SCHMIEG, LLP l By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 157084 LEGAL DESCRIPTION ALL that certain piece or parcel of land situate in the Township of East Pennsboro, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the West side of Annette Drive, at the dividing line between Lots Nos. 89 and 90 on the hereinafter mentioned Plan; thence along the western side of Annette Drive, South 26 degrees 54 minutes East, a distance of eighty (80) feet to the dividing line between Lots Nos. 90 and 91 on the hereinafter mentioned Plan; thence along said dividing line, South 63 degrees 06 minutes West, a distance one hundred fifty-one and ninety one-hundredths (151.90) feet to a point; thence North 15 degrees 06 minutes West, a distance of eighty-one and seventy-three one-hundredths (81.73) feet to the dividing line between Lots Nos. 89 and 90 on the hereinafter mentioned Plan; thence along said dividing line, North 63 degrees 06 minutes East, a distance of one hundred thirty-five and nineteen one-hundredths (135.19) feet to the West side of Annette Drive at the point or Place of BEGINNING. BEING Lot No. 90 on Plan No. 5, Section 'C' of Penn Height as recorded in the Cumberland County Recorder's Office in Plan Book 21, Page 31. File ~: 157084 HAVING thereon erected aone-story ranch-type dwelling house known and numbered as 4 Annette Drive. BEING the same premises which Frances R. Sgrignoli and Loris June Sgrignoli, his wife, and Mauro E. Sgrignoli and Joanne Sgrignoli, his wife, by their deed dated September 8, 1970, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book U, Volume 23, Page 207, granted and conveyed unto Thomas A. Melton and Vivian L. Melton, his wife. PARCEL NO: 09-47-0836-058. PROPERTY BEING: 4 ANNETTE DRIVE File #: 157084 VERIFICATION 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 of 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 its knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. //~~- Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: D ~ C7 C_ ~ ti ~' ~ ~ ~-- ~ ~'. ~ r-- ~ ~ J _ 21I ~' i J i ~ (/.~ ~ ~ t -C p Q ,' -~ r ' w _. ~G C 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 Suntrust Mortgage, Inc. Plaintiff vs. Melissa L. Smart, alk/a Melissa Lynn Smart John G. Smart Defendant(s) PRAECIPE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 07-4016 CIVIL TERM 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: ~ ~ZS b~ ~~ Francis S. Hallinan, Esquire Attorney for Plaintiff PHS# 157084 a ro t:tt ' t"' s f~~ ~ 3 _° ~ ^ _, `" ~ ~ SHERIFF'S RETURN - REGULAR 7 ~ CASE NO: 2007-04016 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUNTRUST MORTGAGE INC VS SMART MELISSA L ET AL GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SMART MELISSA L AKA MELISSA LYNN SMART the DEFENDANT at 1727:00 HOURS, on the 5th day of July 2007 at 4 ANNETTE DRIVE ENOLA, PA 17025 by handing to JOHN G SMART, HUSBAND 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 Service Affidavit Surcharge ~,~10~ ~ ~ Sworn and Subscibed to before me this of So Answers: 18.00 .00 10.00 R. Thomas Kline .00 41.44 07/06/2007 PHELAN HALLINAN SCHMIEG By: day Deputy Sh ff A.D. 1 ~ '~ CASE NO: 2007-04016 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUNTRUST MORTGAGE INC VS SMART MELISSA L ET AL GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SMART JOHN G the DEFENDANT at 1727:00 HOURS, on the 5th day of July 2007 at 4 ANNETTE DRIVE ENOLA. PA 17025 JOHN G SMART by handing to 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 B} 13`t?'1 ~. / 16.0 0 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 07/06/2007 PHELAN HALLINAN SCHMIEG By. Deputy She f A.D. I