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HomeMy WebLinkAbout08-1008PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 SHEETAL R. SHAH-JANI, ESQ., Id. No. 81760 JUDITH T. ROMANO, ESQ., Id. No. 58745 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 166286 PHH MORTGAGE CORPORATION 4801 FREDERICA STREET OWENSBOROUGH, KY 42301 Plaintiff V. DEREK W. RUHL CATALINA A. RUHL 54 PLEASANT VIEW MECHANICSBURG, PA 17050 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. b8- 1008 0_ iv't l 1e rol CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 166286 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 #: 166286 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 #: 166286 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 #: 166286 1. Plaintiff is PHH MORTGAGE CORPORATION 4801 FREDERICA STREET OWENSBOROUGH, KY 42301 2. The name(s) and last known address(es) of the Defendant(s) are: DEREK W.RUHL CATALINA A. RUHL 54 PLEASANT VIEW MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/19/2004 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to GOLOANSONLINE.COM, INCORPORATED which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1888, Page: 3078. By Assignment of Mortgage Recorded 12/20/2004 the mortgage was Assigned To MORTGAGE ELECTRONIC REGISTRATIONS SYSTEMS, INC., ITS SUCCESSORS AND ASSIGNS which Assignment is recorded in Assignment Of Mortgage in Book No. 713, Page 4498. 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. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2006 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 File #: 166286 by written notice sent to Mortgagor, the entire principal balance and all interest due 6. thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $143,470.09 Interest $10,258.56 11/0 1/2006 through 02/11/2008 (Per Diem $21.92) Attorney's Fees $850.00 Cumulative Late Charges $0.00 11/19/2004 to 02/11/2008 Cost of Suit and Title Search 750.00 Subtotal $155,328.65 Escrow Credit $0.00 Deficit $1,597.55 Subtotal $1,597.55 TOTAL $156,926.20 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 personam 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 File #: 166286 discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 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 $156,926.20, together with interest from 02/11/2008 at the rate of $21.92 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. PHELAN HALLINAN & SCHMIEG, LLP By: 4-n? ?A 0 F NCIS S. HALLINAN, ESQUIRE 6 q DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File #: 166286 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Silver Spring in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the North side of Pleasant View Drive (T-587) at the dividing line between Lots 113 and 114 on the hereinafter mentioned Plan of Lots; thence along the dividing line between Lots 113 and 114 North 10 degrees 39 minutes 14 seconds West the distance of 137.60 feet to a point at the dividing line between Lots 92 and 114 on said plan; thence along said dividing line North 79 degrees 20 minutes 46 seconds East the distance of 68.50 feet to a point in line of lands now or formerly of Pulte Home Corporation; thence along said dividing line South 10 degrees 39 minutes 14 seconds East the distance of 137.53 feet to a point on the North side of Pleasant View Drive; thence along the said side of Pleasant View Drive South 79 degrees 17 minutes 24 seconds West the distance of 68.50 feet to a point, the place of BEGINNING. BEING LOT NO. 114, Section I, Mulberry crossing recorded in Plan Book 40, Page 142A BEING known and numbered as 54 Pleasant View Drive. BEING THE SAME PREMISES which Larry R. Brackbill and Tammie L. Brackbill, Husband and Wife, by Deed dated March 23, 1992 and recorded March 25, 1992 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book'O', Volume 35, File #: 166286 Page 737, granted and conveyed unto J. Michael Bender and Jean M. Bender, Husband and Wife, the Grantors herein. UPI NO. 38-22-0144-102 PREMISES: 54 PLEASANT VIEW PARCEL : 38-22-0.144-102 File #: 166286 VERIFICATION I hereby state that I am the 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 I am 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 my 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 unworn falsifications to authorities. AM rney for Plaintiff (D2 6 c? (S? DATE: TV r., ?O O of o U b F` ( W ?= %4 SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-01008 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS RUHL DEREK W ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT RUHL DEREK W but was unable to locate Him in his bailiwick. ( rWDT.A TTTT' _ MnDM L'n= He therefore returns the the within named DEFENDANT 54 PLEASANT VIEW MECHANICSBURG, PA 17050 RUHL DEREK W NOT FOUND , as to GIVEN ADDRESS IS VACANT AND HAS "SOLD" SIGN IN FRONT OF IT. Sheriff's Costs: So answers: `- Docketing 18.00 Service 9.60 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County 1 00 4? PHELAN HALLINAN SCHMIEG 02/28/2008 Sworn and Subscribed to before me this day of , A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-01008 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS RUHL DEREK W ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT RUHL CATALINA A but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , , NOT FOUND , as to the within named DEFENDANT , RUHL CATALINA A 54 PLEASANT VIEW MECHANICSBURG, PA 17050 GIVEN ADDRESS IS VACANT AND HAS "SOLD" SIGN IN FRONT OF IT. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 _ 3J., /or (?,, -0, V 21.00 So answe s R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 02/28/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-01008 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS RUHL DEREK W ET AL NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RUHL DEREK W the DEFENDANT , at 2055:00 HOURS, on the 27th day of February-, 2008 at 315 SPRING LANE ENOLA, PA 17025 by handing to DEREK W RUHL 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 14.40 Affidavit .00 Surcharge 10.00 .00 3)hlo f 3 0 .4 0 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 02/28/2008 PHELAN HALLINAN SCHMIEG By: ;_ Deputy Sheriff of , A. D. CASE NO: 2008-01008 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS RUHL DEREK W ET AL NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RUHL CATALINA A the DEFENDANT , at 2055:00 HOURS, on the 27th day of February-, 2008 at 315 SPRING LANE ENOLA, PA 17025 by handing to DEREK W RUHL, 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 3l1??08 16.00- Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 02/28/2008 PHELAN HALLINAN SCHMIEG By: Deputy Sheriff A. D.