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Home My WebLink About07-5654GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF GMAC MORTGAGE, LLC 3451 Hammond Avenue Suite 150 Waterloo, IA 50702 Plaintiff vs. ANDREW J. RAMOS Mortgagor and Real Owner 11 Paradise Drive Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CNIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 07~ 51o5i{ iVi I ~,fN( Defendant ~ CIVIL A~~9CllN:1VIC~R~"GAGE NOTICE FORECLCY~~-RE 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 the 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 maybe entered against you by the Court without further notice for any money claim in the Complaint of 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 OR CANNOT AFFORD ONE, 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARR DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE LISTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE LISTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LISTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI LISTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI LISTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still maybe able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout /Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(a,goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 56575FC. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is GMAC MORTGAGE, LLC, 3451 Hammond Avenue, Suite 150 Waterloo, IA 50702. 2. The names and addresses of the Defendant is ANDREW J. RAMOS, 11 Paradise Drive, Carlisle, PA 17013, who is the mortgagor and real owner of the mortgaged premises hereinafter described. 3. On December 21, 2001 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR GMAC MORTGAGE CORPORATION, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1744, Page 1790. The mortgage has been assigned to: GMAC MORTGAGE, LLC by assignment of Mortgage. Plaintiff is the real party in interest pursuant to a purchase or transfer of the mortgage obligation from the last record holder and an Assignment of Mortgage to Plaintiff has been and/or will be lodged for recording with the Recorder of Deeds in the ordinary course of business. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for May O1, 2007 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ................................................................... Interest from 04/01/2007 through 09/30/2007 at 7.0000%.... Per Diem interest rate at $15.58 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph L Ch fr 05/01/2007 t 09/30/2007 ..............$81,288.83 ................ $2,851.14 ate arges om o ........................................ Monthly late charge amount at $30.55 ..$4,064.44 ..... $152.75 Costs of suit and Title Search ......................................................................$900.00 Escrow Advance ..........................................................................................$926.74 Uncollected Late Charges ..............................................................................$13.08 Property Inspections .......................................................................................$45.00 Monthly Escrow amount $183.59 $90,241.98 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above maybe 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 is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff's 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 personam" judgment) against the Defendant in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. The Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983 or Act 160 of 1998. WHEREFORE, Plaintiff demands a de terns judgment in mortgage foreclosure in the sum of $90,241.98, together with interest at the rate of $15.58, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and SherifFs Sale of the Property. By: GOL EC McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION Marie Kw~i#anowski I, Lirruted Signing O#flcer as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. r GMA MORTGAGE, LLC ~~argie Kwai#anowski ~.imited 5igninti alflCe~ #0523564508 -ANDREW J. RAMOS ~Ex,Fiidit A 09/21/2007 02:09 7172580862 TRI COUNTY ABSTRACT PAGE 05 ' ~ : •1 • •••• ALL T~IOS6 CERT.41N lots pE t;zDnnd with the improvc.~nentb tiureon ett:aed situate in ~ddlc"ex TownsJ~i ,Cumberland Coanty, P~nrtsyBania, bounded and described in acxordance coin o~ PIaA ~ ~~ Roush pttipand ~ a'TY • Neidlinger, Professions! Land Survzyor, a Py~ I w~lch #a attached htreto, as follows; r •• r I~EGINN/NC At an iron pin in t]tenorthern right•of-vvay tine of SO fect wide Paxadise Rotid as corimer•, of Lot No. 144 as shown on she Aalc FetrpW RCYlscd lean of Lets worded In the hereinafter mer-tioncd Rccordsr's O~ca in Plan aovk No. 3. Page I03, Iheecr byy Said Lot No, 149 South $a digress i5 mintetet Fast a dsstttnce of 172.85 feet to an iron pin; thence Soutt, 3 degrtcs 43 minutes West a distance of 100 fEet to an existing Icon plrl at Corner of tot Nto. ! 46 ns shown on the above mcndoncd Dale lreorow Revised P#an of t:.ots; thence by slid Lot No. 146 North 86 degrees #5 minutes West a distance of 172.85 fret to an iron pin in the northern rigk~i. of way lino of SO feet wick Parodist: Road; thcact by said aorthcra right-of way unc of Ptur~disa Rood North 3 degrees 45 mtnntes fast 4 distance of l00 feet to an iron pin nt the place of AEGIKNiNG. tIAVXNG thereon erected a sitagle family dwelling hOpse with cnail~ng address of t I •Paradisa Read, Ctr##ale, PennSyjvanis, 1lElNG Loa No. ]A7 and 148 on else aforemel+tioned Dale i?esow [tevlsed Ptah of tats, which Plan is roeorded in the hereinafter mentioned Rcrordc; j Office In Plan Baok IVo• 3, t'eao l03. , E3CHIBZT xA,~~ '~a~ ~~~~~ ~~~ F3 SCI .q ~'•~ ~ ~ 1 f .^ ~ ~ ~ --~ A b ~ K ~~ ~ K ~~ ~ r ~ ~~~~~trs~~~ w ~a~~$~~d~~~ ~' l11 ~D j.~i ~~i • ~~ $_ ~• s rrw ~ ~ ~ T.~ ro ~ Q ~ , ~ ~ ~ ~ ~c v Y ~ N ~ ~'* 9 r~• S7) ~` ~ Q N~ Ct! pf1 G1 ~~ ~.~ Q ~~ eoox 2~9 ~ast4~6~ ~p !-~ oa -~ ~ ~ -a ~ •p ~ ~ ~~' ~ s c_. , , -' ~ ., ti e_; 3 ~. '~~ ,;:°- -~ O SHERIFF'S RETURN - REGULAR CASE NO: 2007-05654 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS RAMOS ANDREW J 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 RAMOS ANDREW J the DEFENDANT at 2029:00 HOURS, on the 4th day of October 2007 at 11 PARADISE DRIVE CARLISLE, PA 17013 by handing to ANDREW RAMOS 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 ~... l1Jbi~a~ So Answers: 18.00 10.00 R. Thomas Kline .00 32.80 10/08/2007 GOLDBECK MCCAFFERTY MCKEEVER Sworn and Subscibed to before me this of By. day Deputy S iff A.D.