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Home My WebLink About09-7135Phelan Hallman & 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 LAenine 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 219653 SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23224-7767 V. Plaintiff JUAN D. RIVERA CONSTANCE L. NAUGLE 2032 HARVEST DRIVE MECHANICSBURG, PA 17055-7036 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. dQ - 71-3S ?lurL CUMBERLAND COUNTY File #: 219653 ft, 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 #: 219653 1. Plaintiff is SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE, P.O. BOX 27767 RICHMOND, VA 23224-7767 2. The name(s) and last known address(es) of the Defendant(s) are: JUAN D. RIVERA CONSTANCE L. NAUGLE 2032 HARVEST DRIVE MECHANICSBURG, PA 17055-7036 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/02/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR SUNTRUST MORTGAGE, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1981, Page 4286. 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(8); 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 03/01/2009 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 #: 219653 I 4b 6. The following amounts are due on the mortgage: Principal Balance $335,596.63 Interest $14,769.79 02/01/2009 through 10/15/2009 (Per Diem $57.47) Attorney's Fees $1,300.00 Cumulative Late Charges $536.54 02/02/2007 to 10/15/2009 Property Inspections $9.00 Non Sufficient Funds Charge $60.00 Mortgage Insurance Premium / $223.34 Private Mortgage Insurance Cost of Suit and Title Search 750.00 Subtotal $353,245.30 Escrow Credit $0.00 Deficit $3,651.22 Subtotal $3,651.22 TOTAL $356,896.52 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 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 #: 219653 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. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $356,896.52, together with interest from 10/15/2009 at the rate of $57.47 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 1?,, --.J, By: ? Lawr a T. Phelan, Es ., Id. No. 32227 ? Franc' S. Hallinan, Es ., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Ju ith T. Romano, Esq., Id. No. 58745 EjAheetal R. Shah-Jani, Esq., Id. No. 81760 Jenne 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 Attorneys for Plaintiff File #: 219653 10 LEGAL DESCRIPTION ALL THAT CERTAIN Unit in the property known, named and identified in the Declaration, referred to below, as 'Winding Hills, A Planned Community,' located in Upper Allen Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Planned Community Act, 68 Pa. C.S.A. Sec. 5101 et seq., as amended, by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, the Declaration for Winding Hills, A Planned Community (Declaration'), dated July 26, 2005, recorded August 11, 2005, in Miscellaneous Book 719, Page 4220, and designated in the Declaration as Unit 56 (Unit Identifying Number), as described in Exhibit C of the Declaration and shown (and described) on Declaration Plats and Plans, dated July 11, 2005, recorded August 11, 2005, in the Office of the recorder of Deeds of Cumberland County, Pennsylvania, in Right-of-Way Plan Book 13, Page 112. CONTAINING 14,618 square feet. UNDER AND SUBJECT A TO RESTRICTIONS AND COVENANTS OF RECORD, INCLUDING, BUT NOT LIMITED TO Declaration of Covenants, Conditions and Easement for Winding Hills Planned Residential Development, dated July 26, 2005, recorded July 29, 2005, in the office of The Recorder of Deeds of Cumberland County, Pennsylvania, in miscellaneous Book 719, Page 2665, Declaration of Master Association for Winding Hills, a Planned Residential Development, dated July 26, 2005, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Miscellaneous Book 719, Page 2005, recorded Agust 11, 2005, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Miscellaneous Book 719, Page 4220, and under and subject to easements and rights-of- way of record. Parcel no.42-10-0256-142 Premises: 2032 HARVEST DRIVE, MECHANICSBURG, PA 17055-7036 File #: 219653 ? . r 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. 13 DATE: 1 v Att ey File #: 219653 G-D tic 20C ? ,T f 9° i 2 5 0-, P8. go --?Eaf c??s? Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ?4?q,itt, It 411?1l??rf??? GSFf i.F ih' ???=.IFF FILED-OR-CE OF THE PRn,TP'n)N!OTARY Suntrust Mortgage, Inc. vs. Constance L. Naugle 2009OCT 28 AM 9: 42 CUMG" -;:-' 4L? COUNTY NEW Zywtm Case Number 2009-7135 SHERIFF'S RETURN OF SERVICE 10/23/2009 08:48 PM - Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on October 23, 2009 at 2048 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Constance L. Naugle, by making known unto herself personally, at 2032 Harvest Drive Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. 10/23/2009 08:48 PM - Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on October 23, 2009 at 2048 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Juan D. Rivera, by making known unto Constance Naugle, adult in charge at 2032 Harvest Drive Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $53.00 SO ANSWE S, October 27, 2009 R THOMAS KLINE, SHERIFF lam/ By le' ?;/ Deput Sheriff r -ft ANSWER TO COMPLAINT IN THE COURT OF CUMBERLAND COUNTY, PENNSYLVANIA Suntrust Mortgage, Inc. 1001 Semmes Avenue P.O. Box 27767 Richmond, VA 23224-7767 Plaintiff VS. Juan D. Rivera Constance L. Rivera 2032 Harvest Drive Mechanicsburg, PA 17055 Case No.: Judge: Answer to Complaint for Foreclosure Permanent Parcel No.: 09-7135 COUNT ONE I deny the allegations contained in Paragraph 1 of the Complaint for Foreclosure. I admit the allegations contained in Paragraph 2 of Count I of the Complaint for Foreclosure. I deny for lack of knowledge the allegations contained in Paragraph 3 of count One of the Complaint for Foreclosure. I deny for lack of knowledge the allegations contained in Paragraph 4 of count One of the Complaint for Foreclosure. I deny for lack of information for the allegations contained in Paragraph 5 of count One of the Complaint for Foreclosure. I deny for lack of information for the allegations contained in Paragraph 6 of count One of the Complaint for Foreclosure. I deny for lack of knowledge the allegations contained in Paragraph 7 of count One of the Complaint for Foreclosure. I deny for lack of knowledge the allegations contained in Paragraph 8 of count One of the Complaint for Foreclosure. I deny for lack of knowledge the allegations contained in Paragraph 9 of count One of the Complaint for Foreclosure. I deny for lack of knowledge the allegations contained in Paragraph 10 of count One of the Complaint for Foreclosure. I reincorporate and adopt each and every allegation as contained in response to Paragraphs 1 through 10 of Count One of the Complaint for Foreclosure. PRAYER FOR RELIEF WHEREFORE, having fully answered the stated allegations, 1, Juan Rivera and Constance River pray that Plaintiff's Complaint for Foreclosure be dismissed with prejudice at Plaintiff's cost for attorney fees and any further relief this Honorable Court deems fair and just. Rtij,}lly bmitted, . Juan D. Rivera Constance L. Rivera 2032 Harvest Drive Mechanicsburg, PA 17055 (717)-458-5362 CERTIFICATE OF SERVICE I herby certify that on this day of Ae D&l gFt in / F -2009, a copy of the foregoing ANSWER TO COMPLAINT FOR FORECLOSURE was served by Regular U.S. mail delivery upon: Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19013 (215)-563-7000 Jenine R. Davey, Esq., Id. No. 87077 r- F#LEL-4DF -1;;E' 0r w 2009 NOV -4 Pf'l 4: 08 CUMLL. k-", )LINTY