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HomeMy WebLinkAbout08-4028PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 LAUREN R. TABAS, ESQ., Id. No. 93337 vVIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (21563-7000 181674 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 Plaintiff V. RICHARD A. STAMBAUGH KRISTINA M. STAMBAUGH 141 EAST MAIN STREET WALNUT BOTTOM, PA 17266-9712 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM l Q NO. CUMBERLAND COUNTY . CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE Pilc #: 181674 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 #: 181674 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 I'ilc #: 1 9 1674 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. rilc 4: 181674 Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 2005, GSAMP TRUST 2005-WMC 1 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 17266-9712 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 06/30/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR WMC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1913, Page 3412. The 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 03/01/2008 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. Pile #: 181674 6. The following amounts are due on the mortgage: Principal Balance $113,015.96 Interest $3,337.18 02/01/2008 through 07/03/2008 (Per Diem $21.67) Attorney's Fees $1,250.00 Cumulative Late Charges $154.36 06/30/2005 to 07/03/2008 Cost of Suit and Title Search 550.00 Subtotal $118,307.50 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $118,307.50 7. 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 discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Uile #: 191674 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 $118,307.50, together with interest from 07/03/2008 at the rate of $21.67 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. PHE N H LINAN &SCHMIEG, LLP 20 z3 By: LAWIRENtt T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff r;ic #: IM67a 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 #: 181674 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 BEING: 141 EAST MAIN STREET PARCEL NUMBER: 41-31-2230-064 Filc #: 181674 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. e2wnz-,?3( for Plaintiff DATE:-b D? 4 ?O N Qc_ Mi'mi Z c 77 r-n -1 PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 2005, GSAMP TRUST 2005-WMC1 ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-4028 CIVIL : CUMBERLAND COUNTY Plaintiff VS. RICHARD A. STAMBAUGH KRISTINA M. STAMBAUGH Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Date: d Phelan Hallinan & Schmieg, LLP Attorney for Pla' tiff By. - F cis S. Hallinan, Esquire PHS #: 181674 VERIFICATION Denies BaW hereby states that he/she is Asst. Secretary of LITTON LOAN SERVICING, LP, SERVICING AGENT FOR DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 2005, GSAMP TRUST 2005-WMC1, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. 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. DATE: 110 O ?j Loan:14611735 Name: Denise Bailey Lam LOW Servioirq LP Title: Assistant Secretary A1" In Fact Company: LITTON LOAN SERVICING, LP, SERVICING AGENT FOR DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 2005, GSAMP TRUST 2005- WMC 1 File #: 181674 q.j gnavisc" nsoJ none bs3 of YM CNA PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 2005, GSAMP TRUST 2005-WMC1 Plaintiff VS. RICHARD A. STAMBAUGH KRISTINA M. STAMBAUGH Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-4028 CIVIL : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: RICHARD A. STAMBAUGH 141 EAST MAIN STREET WALNUT BOTTOM, PA 17266-9712 KRISTINA M. STAMBAUGH 141 EAST MAIN STREET WALNUT BOTTOM, PA 17266-9712 Date: Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff B ?:Z C-2,) is S. Hallinan, Esquire N r? p? 77" ,.... i ,.1.J + 1?' SHERIFF'S RETURN - REGULAR CASE NO: 2008-04028 P COMMONWEALTH OF PENNSYLVANIA: CO'JNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST C VS STAMBAUGH RICHARD A ET AL KENNETH GOSSERT Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon STAMBAUGH RICHARD A DEFENDANT at 141 EAST MAIN STREET WALNUT BOTTOM, PA 17266-9712 by handing to RICHARD STAMBAUGH DEFENDANT a true and attested copy of COMPLAINT - MORT FORE together with the at 0020:02 HOURS, on the 29th day of July 2008 Sheriff or Deputy Sheriff of and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge F/OIIbF TR 18.00 14.00 .00 10.00 .00 42.00 So Answers: R. Thomas Kline 07/30/2008 PHELAN HALLINAN & SCHMIEG Sworn and Subscibed to By. before me this day of A.D. CASE NO: 2008-04028 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST C VS STAMBAUGH RICHARD A ET AL KENNETH GOSSERT , 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 KRISTINA M the DEFENDANT , at 0020:02 HOURS, on the 29th day of July , 2008 at 141 EAST MAIN gTRRFT WALNUT BOTTOM, PA 17266-9712 by handing to RICHARD STAMBAUGH HUSBAND OF DEFENDANT 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 FJo,'6F L ,,, / .00 ' 16.00 Sworn and Subscibed to before me this day of So Answers: R. homas Kline 07/30/2008 PHELAN HALLINAN & SCHMIEG By: A. D.