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Home My WebLink About09-6754Phelan 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 Joshua I. Goldman, Esq., Id. No. 205047 ,_,?ourtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff v. VICTOR M. RIVERA, JR AMY S. RIVERA 525 SOUTH SPRING GARDEN STREET CARLISLE, PA 17013-2559 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM i NO. bR - tclb 0-tvil lem CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE He #: 217312 217312 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 #: 217312 1. Plaintiff is GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE, P.O. BOX 8300 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es) of the Defendant(s) are: VICTOR M. RIVERA, JR AMY S. RIVERA 525 SOUTH SPRING GARDEN STREET CARLISLE, PA 17013-2559 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 01/20/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR AMERICAN HOME BANK, N.A. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1937, Page 4692. 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 04/01/2009 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 #: 217312 6 Principal Balance $137,195.16 Interest $5,474.17 03/01/2009 through 10/07/2009 (Per Diem $24.77) Attorney's Fees $1,250.00 Cumulative Late Charges $216.90 01 /20/2006 to 10/07/2009 Cost of Suit and Title Search 750.00 Subtotal $144,886.23 Escrow Credit $0.00 Deficit $438.87 Subtotal $438.87 TOTAL $145,325.10 7 The following amounts are due on the mortgage: 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 Sheriff s 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. File #: 217312 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $145,325.10, together with interest from 10/07/2009 at the rate of $24.77 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: wrence 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 H Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 217312 LEGAL DESCRIPTION ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Township of South Middleton in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point in the center line of the back road from Carlisle to Bonny Brook at corner of land now or formerly of Donald W. Lindsey and wife; thence by ;the same, South 69 1/2 degrees East 250 feet to a point in line of lands now or formerly of Willis G. Morrison and wife; thence by the same, South 23 degrees 50 minutes West 100 feet to a point on the line of land now or formerly of Nettie Gibson; thence by the same, North 69 1/2 degrees West 250 feet to a point in the center of the aforesaid road; thence by the center of said road, North 24 degrees East 100 feet to the place of BEGINNING. BEING the same premises which Scott S. Hench and Lynn M. Hench, husband and wife, by Deed dated June 30, 2004 and recorded in the Recorder of Deeds Office in Cumberland County, Pennsylvania, in Deed Book 264, page 127, granted and conveyed unto Tammy L. DeHart, now known as Tammy L. Ege. The said Jason Ege joins in this conveyance to transfer any right, title and interest he may have in said property by virtue of his marriage to Tammy L. DeHart, now known as Tammy L. Ege. ADDRESS: 520 SOUTH SPRING GARDEN STREET, CARLISLE, PA 17013 PARCEL ID 4:40-22-0485-017 File #: 217312 VERIFICATION The undersigned attorney hereby states that I am the attorney for the 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. i ff Attorney foMI DATE: 10&1 File #: 217312 0 FIL OF THEE 2004 OCT -9 PK 12: 20 CUiJ 1 L ",j ,y # rig. So po A'r-f G? %[ 1651 R 023(o?9 Sheriffs Office of Cumberland County -?nr R Thomas Kline '?F?tILr_'? ?J'. F f '. [" ' ? '.'.J I _ Sheriff _ ?„a',n of ?irrr?brrf?tt Ronny R Chief Deputy erson 2H? ?l"T 15 A;'i: Jody S Smith iTv Civil Process Sergeant Edward L Schorpp Solicitor GMAC Mortgage, LLC vs. Victor M. Rivera, Jr. Case Number 2009-6754 SHERIFF'S RETURN OF SERVICE 10/13/2009 08:46 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 13, 2009 at 2046 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Victor M. Rivera, Jr., by making known unto Amy. Rivera, adult in charge a 525 South Spring Garden Street Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. 10/13/2009 08:46 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 13, 2009 at 2046 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Amy S. Rivera, by making known unto herself personally, at 525 South Spring Garden Street Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $49.40 SO ANSWERS, ?? October 14, 2009 R THOMAS KLINE, SHERIFF 00, Sy Y/,/., De ty Sherif f 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 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC Plaintiff VS. ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-6754-CIVIL TERM VICTOR M. RIVERA, OR CUMBERLAND COUNTY AMY S. RIVERA Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 217312 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Hallinan & Schmieg, LLP W for Plaintiff n By: ? La nce T. Phelan, Esq Id. No. 32227 ? I'r is S. Hallinan, Es ., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ,reetal ? Michele M. Bradford, Esq., Id. No. 69849 ? Ju 'th T. Romano, Esq., Id. No. 58745 ? R. Shah-Jani, Esq., Id. No. 81760 ine R. Davey, Esq., Id. No. 87077 uren 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 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Date: 11-10-09 PHS #: 217312 \So VERIFICATION Jeffrey Stephan Li-,-ited Signing Officer hereby states that he/she is of GMAC MORTGAGE, LLC, servicing agent for Plaintiff in this matter, 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 unworn falsification to authorities. Trey Stephan Name: i'_7,;nitc-d Signing Officer DATE: C) V Title: : GMAC MORTGAGE, LLC File #: 217312 Rivera 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 Chriso, alante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC VS. VICTOR M. RIVERA, JR AMY S. RIVERA Plaintiff Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-6754-CIVIL TERM : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true 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: VICTOR M. RIVERA, JR 525 SOUTH SPRING GARDEN STREET CARLISLE, PA 17013-2559 PHS #: 217312 AMY S. RIVERA 525 SOUTH SPRING GARDEN STREET CARLISLE, PA 17013-2559 Hallinan & Schmieg, LLP V for Plaintiff fl By: ? La ence T. Phelan, E , Id. No. 32227 ? Fr cis S. Hallinan, E q., Id. No. 62695 ? Daniel G. Schmieg, sq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Ju ' T. Romano, Esq., Id. No. 58745 ? 56eetal 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 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Date: 11-1 PHS #: 217312 ??'i = -, - _ ? .,,?, ,.. L:", . -?: i' . , ln!2OCT24 AM 10' 10 Phelan Hallinan & Schmieg, Lip " Attorney For Plaintiff 1617 JFK Boulevard, Suite 14W 1-1- i L r+ ' @ ? ; One Penn Center Plaza N - Nfi S ` LVAf' Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division vs CUMBERLAND County VICTOR M. RIVERA, JR AMY S. RIVERA No. 09-6754-CIVIL TERM Defendant TO THE PROTHONOTARY: PRAECIPE Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ? Please mark the above referenced case Settled, Discontinued and Ended. ? Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. ? Please mark the in rem judgment Satisfied and the action Discontinued and Ended. ? Please Vacate the Judgment entered. Date: PHELAN HAL & S IEG, LI,P -20 f-.'Wells, ' ;Kq., Id. No.309519 Attorney Por Plaintiff PHS # 217312 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Attorney for Plaintiff Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC Plaintiff Court of Common Pleas Civil Division V. VICTOR M. RIVERA, JR AMY S. RIVERA Defendant CUMBERLAND County No. 09-6754-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: VICTOR M. RIVERA, JR AMY S. RIVERA 525 SOUTH SPRING GARDEN STREET CARLISLE, PA 17013-2559 Date: l? PHELAN CLINA?N P B y: Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff PHS # 217312