Loading...
HomeMy WebLinkAbout08-1092PHELAN 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 171293 ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY COURT OF COMMON PLEAS AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 2005, GSAMP TRUST 2005-WMCl 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 Plaintiff V. RICHARD A. STAMBAUGH KRISTINA M. STAMBAUGH 141 EAST MAIN STREET WALNUT BOTTOM, PA 17266 Defendants CIVIL DIVISION TERM NO. 68- 107a aivi t lerm CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 171293 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 #: 171293 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 #: 171293 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 #: 171293 Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 2005, GSAMP TRUST 2005-WMC1 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 2. The name(s) and last known address(es) of the Defendant(s) are: RICHARD A. STAMBAUGH KRISTINA M. STAMBAUGH 141 EAST MAIN STREET WALNUT BOTTOM, PA 17266 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/30/2005 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR WMC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1913, Page: 3412. 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 10/01/2007 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 File #: 171293 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 $103,958.90 Interest $4,656.30 09/01/2007 through 02/13/2008 (Per Diem $28.05) Attorney's Fees $1,250.00 Cumulative Late Charges $182.56 06/30/2005 to 02/13/2008 Cost of Suit and Title Search 550.00 Subtotal $110,597.76 Escrow Credit $0.00 Deficit $3,435.11 Subtotal $3,435.11 TOTAL $114,032.87 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 nersonam 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 #: 171293 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 $114,032.87, together with interest from 02/13/2008 at the rate of $28.05 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. By: DANIEL G. SCHMIEG, ESQUIRE VMICHELE M. BRADFORD, ESQUIRE) • D- &I SHEETAL R. SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File #: 171293 LEGAL DESCRIPTION ALL the following described real estate lying and being situate in the Village of Walnut Bottom, South Newton Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING at a set railroad spike in the centerline of PA Traffic Route 174 (Walnut Bottom Road) at common corner of Lots 1 and 2 on the herein referred to subdivision plan; thence along common boundary line of Lots 1 and 2, which is also the easterly most boundary of Parcel 1 A, South thirty-seven (37) degrees twenty-four (24) minutes fifty-five (55) seconds East, ninety-six and fifty-seven hundredths (96.57) feet to a set iron pin; thence continuing by same, South forty- five (45) degrees forty-nine (49) minutes twenty-five (25) seconds East, one hundred eighteen and thirty hundredths (118.30) feet to a set iron pin in line of land now or formerly of Ronald A. Baker; thence along line of land now or formerly of Ronald A. Baker, South forty-nine (49) degrees zero (00) minutes zero (00) seconds West, thirty-nine and thirty-two hundredths (39.32) feet to a point; thence continuing by the same, South forty-nine (49) degrees zero (00) minutes zero (00) seconds West, fifty and zero hundredths (50.00) feet to a point at corner of land now or formerly of Randy K. Boyer; thence along line of land now or formerly of Randy K. Boyer, North forty-three (43) degrees fifteen (15) minutes two (02) seconds West, two hundred thirteen and thirty-seven hundredths (213.37) feet to a point in the centerline of Walnut Bottom Road; thence along the centerline of Walnut Bottom Road, North forty-six (46) degrees fifty-seven (57) minutes thirty-one (31) seconds East, fifty and zero hundredths (50.00) feet to a point; thence continuing by same, North forty-nine (49) degrees fifty-seven (57) minutes zero (00) seconds File #: 171293 East, forty-three and eighty-three hundredths (43.83) feet to the set railroad spike, the point and place of BEGINNING. CONTAINING a total area of 18,793 square feet (0.0431 acres). BEING known and designated as Lot No. 1 on a subdivision plan entitled 'Survey for Mary O. Bowers' prepared by Steven P. Wolfe, Professional Land Surveyor, dated 4/11/90, which subdivision plan has been approved by the appropriate municipal authorities as and for a subdivision plan and is recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 69, Page 36. BEING the same premises which Bonnie Swartz and Harold Bowers, Sr., co-Executors of the Last Will and Testament of Mary O. Bowers, by their deed dated May 10, 1995, and recorded in Cumberland County, Pennsylvania Deed Book 122, Page 408, granted and conveyed unto Randy V. Singleton, a single man, Grantor herein. PREMISES: 141 EAST MAIN STREET PARCEL: 41-31-2230-064 File #: 171293 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. Attorney for Plaintiff 1• D. lyg DATE: '? P I ? O o ? -p SZi - b c? F N t-D Y?. fT1 ?? 0 . _? -A CASE NO: 2008-01092 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS STAMBAUGH RICHARD A ET AL WILLIAM 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 STAMBAUGH RICHARD A the DEFENDANT , at 1704:00 HOURS, on the 26th day of February-, 2008 at 141 EAST MAIN STREET WALNUT BOTTOM, PA 17266 KRISTINA STAMBAUGH by handing to 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 18.00 Service 13.44 Affidavit .00 Surcharge 10.00 00 3/..Jas C?. 4 Sworn and Subscibed to before me this day So Answers: ?`'``'<1 R. Thomas Kline 02/27/2008 PHELAN HALLINAN SCHMIEG By: Deputy Sheriff of A. D. CASE NO: 2008-01092 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS STAMBAUGH RICHARD A ET AL WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE STAMBAUGH KRISTINA M was served upon the DEFENDANT , at 1704:00 HOURS, on the 26th day of February-, 2008 at 141 EAST MAIN STREET WALNUT BOTTOM, PA 17266 by handing to KRISTINA STAMBAUGH 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 31111dZ T'' 16.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 02/27/2008 PHELAN HALLIAN SCHMIEG By. 0061 C - - Deputy Sheriff of A. D.