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Home My WebLink About09-0157r 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 R. 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 J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 187763 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION (SASCO), SERIES 2006-W1 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 Plaintiff v. ALFRED S. ROVENOLT DONNA L. ROVENOLT 227 BRINDLE ROAD MECHANICSBURG, PA 17055-9771 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ~ C/ _ / S7 GN ~` l `fGf~ CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 187763 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 maybe 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 #: 187763 1. Plaintiffis U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION (SASCO), SERIES 2006-W 1 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 2. The name(s) and last known address(es) of the Defendant(s) are: ALFRED S. ROVENOLT DONNA L. ROVENOLT 227 BRIl~TDLE ROAD MECHAIVICSBURG, PA 17055-9771 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/26/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR WILMINGTON FINANCE, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1953, Page 0558. 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 08/01/2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payhments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 187763 6. The following amounts are due on the mortgage: Principal Balance $329,520.00 Interest $15,463.16 07/01/2008 through 01/09/2009 (Per Diem $80.12) Attorney's Fees $1,250.00 Cumulative Late Charges $365.55 05/26/2006 to 01/09/2009 Cost of Suit and Title Search 750.00 Subtotal $347,348.71 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $347,348.71 7 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee 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 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 dischazge 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 end sell the mortgaged premises pursuant to Pennsylvania Law. File #: 187763 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 fabled 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 action does not come under Act 6 of 1974 because the o~~-iginal mortgage amount exceeds the dollar amount provided in the statute. WHEREFORE, PLAINTIFF demands an in rem Judgment against tie Defendant(s) in the sum of $347,348.71, together with interest from 01/09/2009 at the rate of $80.12 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: I'Ip ~ ~ c7 Lawrence T. Phe an, s re 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 J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire '~ Chrisovalante P. Fliakos, Esgy>ire Attorneys for Plaintiff File #: 187763 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in MoVnroe Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a concrete monument situate on the eastern side of the dedicated right of way line of Brindle Road, a/k/a Township Road T-562; thence by a curve to the left having a radius of 180.93 feet, a length of 105.68 feet and a chord bearing of north 14 degrees 26 minutes 34 seconds west, a distance of 104.19 feet to an iron pin at lands now or formerly of Louis V. Marchi; thence along the last mentioned lands, north 86 degrees 24 minutes 30 seconds east, 695.73 feet to an iron pin at lands now or formerly of Alice W. Zoll~rs; thence along the last mentioned lands, south OS degrees 55 minutes 20 seconds east, 475.97 feet to an iron pin at Lot No. 1; thence along Lot No. 1, north 87 degrees 42 minutes 30 seconds west, 430.07 feet to an iron pin at the dividing line of Lot Nos. 1 and 2; thence along Lot Nos. 2, 3 and 4 the following courses and distances: north 02 degrees 17 minutes 30 seconds east, 300.00 feet to an iron pin; thence north 87 degrees 42 minutes 30 seconds west, 300.00 feet to a concrete marker on the eastern side of the dedicated right of way line of Brindle Road, a/k/a Township Road T-562, being the point and place of BEGINNING. CONTAINING 4.97 acres, more or less, and being designated as Lot No. 5 on a Subdivision Plan prepared for Alice W. Zollers by C.W. Junkins Associates, Inc., R.S., on November 20, 1985 and found of record in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 49, Page 34. UNDER AND SUBJECT, NEVERTHELESS, to the followi>~g restrictions: File #: 187763 All ranch style home shall have a minimum of 1,400 square .feet of living space. 2. All two-story homes shall have a minimum of 1,800 square feet of living space. 3. Minimum front property setback line shall be sixty (60) feet; 4. No junk cars, mobile homes or trailers shall be stored on said premises except boats, campers and recreational vehicles for personal use shall be permittegl. 5. All dwellings shall have a minimum of a one-car garage. BEING THE SAME PREMISES which John R. Ducceschi & Traci R. Ducceschi, husband and wife, by Deed dated May 19, 2005 and recorded concurrently herewith in the Recorder of Deeds Office in and for the County Cumberland granted and conveyed untq Alfred S. Rovenolt & Donna L. Rovenolt, husband and wife, mortgagos hereto. PREMISES: 227 BRINDLE ROAD PARCEL#: 22-27-1901-038 File #: 187763 1 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.RC.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon informations 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 P1 ti ~ ~~ DATE: O ~ ~ ~ ,t~- t~ 1 ~ ~ ~ ~ ~ d ~ ~ c ~l a Q ~},~ (') r°~ '~ C~3 "' ~-- F" ~ ~ F ~~ ~,, W r~ ('. r~ t.s ~..T