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Home My WebLink About08-73547 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 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 VIVEK 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 (215) 563-7000 192391 SOVEREIGN BANK, SB/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG 601 PENN STREET READING, PA 19601 Plaintiff V. GREGORY M. SGRIGNOLI VICKI L. SGRIGNOLI 307 COLLEGE HILL ROAD ENOLA, PA 17025 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 1164 FEDERAL BUILDING 228 WALNUT STREET HARRISBURG, PA 17101 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM ( vj' NO. 4j, 7 351 CUMBERLAND COUNTY Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 192391 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 (717) 249-3166 File #: 192391 A 1. Plaintiff is SOVEREIGN BANK, SB/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG 601 PENN STREET READING, PA 19601 2. The name(s) and last known address(es) of the Defendant(s) are: GREGORY M. SGRIGNOLI VICKI L. SGRIGNOLI 307 COLLEGE HILL ROAD ENOLA, PA 17025 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 1164 FEDERAL BUILDING 228 WALNUT STREET HARRISBURG, PA 17101 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/14/1987 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 884, Page 808. 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 07/01/2008 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. File #: 192391 6. The following amounts are due on the mortgage: Principal Balance $25,116.28 Interest $639.54 06/01/2008 through 12/04/2008 (Per Diem $3.42) Attorney's Fees $1,250.00 Cumulative Late Charges $61.12 10/14/1987 to 12/04/2008 Non Sufficient Funds Charge $30.00 Cost of Suit and Title Search 750.00 Subtotal $27,846.94 Escrow Credit $0.00 Deficit $431.19 Subtotal 431.19 TOTAL $28,278.13 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. 8. 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. 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 File #: 192391 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. The United States of America is made a Defendant herein pursuant to 28 U.S.C. 2410, because of federal tax liens that have been filed with the Prothonotary of CUMBERLAND County in the Judgment Index Unit as follows: (a) United States vs. GREGORY M & VICKI L. SGRIGNOLI; IRS Docket No. 03-6067; filed November 19.2003; in the amount of $14,915.58 WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $28,278.13, together with interest from 12/04/2008 at the rate of $3.42 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: C),,, 90'3y L NCE T. PHE AN, 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 CHRISTOVALANTE P. FLIAKOS, ESQUIRE Attorneys for Plaintiff File #: 192391 LEGAL DESCRIPTION ALL that certain tract of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a hub on the northern line of College Hill Road (60 feet wide) (formerly Louis Lane North), at the corner of lands of Grace C. Blosser, said point being measured along the said side of College Hill Road 500.02 feet to an easterly direction from the northeastern corner of the intersection of College Hill Road and North Enola Drive (formerly Altoona Avenue); thence extending from said point of beginning and along lands of Grace C. Blosser North 36 deg. 13 min. 30 sec. West a distance of 113.94 feet to a fence post at the corner of lands now or formerly of Richard D. Pickel; thence along lands now or formerly of Richard D. Pickel; thence along lands now or formerly of Richard D. Pickel North 58 deg. 04 min. East a distance of 33.12 feet to a fence post at the corner of lands now or formerly of George A. Peters; thence along lands now or formerly of George A. Peters South 82 deg. 55 min. East a distance of 49.87 feet to a hub at the corner of lands now or formerly of Iva J. Otstot; thence along lands now or formerly of Iva J. Otstot South 29 deg. 32 min. East a distance of 81.29 feet to a hub on the said side of College Hill Road; thence along the northern line of College Hill Road by a curve to the left having a radius of 513.61 feet, the arc distance of 60 feet to a point, the place of BEGINNING. being Lot #114 in Plan of Louis Park recorded in Plan Book 5, Page 50. Being known as No. 307 College Hill Road. PREMISES: 307 COLLEGE HILL ROAD PARCEL#: 09-12-2992-018 File #: 192391 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 unsworn falsifications to authorities. Attorney for Plaintiff D! $ l DATE: 1 Z S-? g Ak , "'m co ?? r ?l L rn rN, 11 ??) SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-07354 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOVEREIGN BANK VS SGRIGNOLI GREGORY M ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT UNITED STATES OF AMERICA THE but was unable to locate Them deputized the sheriff of DAUPHIN to wit: in his bailiwick. He therefore serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On January 6th , 2009 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin County 41.25 Postage .76 So answers R. Thomas Kline Sheriff of Cumberland County 67.01 01/06/2009 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of A. D. ;-° tea i cr) t .91 SHERIFF'S RETURN - REGULAR CASE NO: 2008-07354 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOVEREIGN BANK VS SGRIGNOLI GREGORY M ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SGRIGNOLI GREGORY M DEFENDANT the at 1050:00 HOURS, on the 3rd day of January , 2009 at 307 COLLEGE HILL ROAD ENOLA, PA 17025 GREG SGRIGNOLI 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: So Answers: Docketing 18.00 Service 13.50 Affidavit 0 0??-?'? Surcharge 10.00 R. Thomas Kline .00 41.50 01/06/2009 PHELAN HALLIN C EG Sworn and Subscibed to By: before me this day Depu y Sheriff of A.D. s a 77, _. ,. SHERIFF'S RETURN - REGULAR CASE NO: 2008-07354 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOVEREIGN BANK VS SGRIGNOLI GREGORY M ET AL SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE SGRIGNOLI VICKI L the DEFENDANT at 1050:00 HOURS, on the 3rd day of January , 2009 at 307 COLLEGE HILL ROAD ENOLA, PA 17025 by handing to GREG SGRIGNOLI, 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: So Answers: Docketing 6.00 .00 Service .00 Affidavit .00 may= Surcharge 10.00 R. Thomas Kline .00 16.00 01/06/2009 PHELAN HALLIN CH EG T Sworn and Subscibed to By: before me this day ep t heriff of A.D. was served upon ?-' '? ?i'i,:=; ?--- ::?=' 1 ^- C:'? ?. ?f? 4 ?.5 ?,'? ... In The Court of Common Pleas of Cumberland County, Pennsylvania Sovereign Bank etc_ vs. Gregory M. Sgrignoli et al 08-7354 civil SERVE: The United States of America No. Now, December 22, 2008, , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. 7 Ai Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to So answers, Sheriff of copy of the original Sworn and subscribed before me this day of , 20 20 at o'clock M. served the COSTS SERVICE MILEAGE AFFIDAVIT the contents thereof. County, PA Mary Estate a Synder Charles E. Sheaffer Chief Deputy William T. Tully Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania SOVEREIGN BANK ETC VS County of Dauphin THE UNITED STATES OF AMERICA Sheriffs Return No. 2008-T-2635 OTHER COUNTY NO. 087354 And now: DECEMBER 24, 2008 at 12:06:00 PM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon THE UNITED STATES OF AMERICA by personally handing to SUSAN MELENDEZ 1 true attested copy of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 1164 FEDERAL BUILDING, 228 WALNUT STREET HARRISBURG PA 17101 ADMIN. ASSISTANT So Answers, Sworn and subscribed to Q before me this 24TH day of December, 2008 Nl7TARM SEAL ARY JANE SNYDER, Notary Publi Highspire, Dauphin County M Commission Expires Sept 1 2010 Sheriff of Dauphin County, Pa. By 1''- Deputy Sheriff Deputy: T WONG Sheriffs Costs: $41.25 12/24/2008 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 at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF SOVEREIGN BANK, S/B/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG Plaintiff vs GREGORY M. SGRIGNOLI, ET AL VICKI L. SGRIGNOLI Defendant Court of Common Pleas Civil Division CUMBERLAND County : I No. 08-7354 PHS#192391 TO THE PROTHONOTARY: PRAECIPE 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 com ended without prejudice. Date: January 27, 2009 mark the action discontinued and Attorney for Plaintiff R>:3 ?.:w ?;??A, .? . r..... -- ?i?+ :" ? Ty f » s