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HomeMy WebLinkAbout10-5510 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 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 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff V. WENDY L. ROYER DADE C. ROYER 405 3RD STREET NEW CUMBERLAND, PA 17070-2014 Defendants ,Zo?io A06 dt3 P M 16(0 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ?0 - 5s1( a-vuTerin CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE OS OU .oo Po AITJ ??t?815 d y 718 0 247520 File #: 247520 r NOTICE You have been sued in Court. If you wish to defend against the claim 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'I 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 247520 r Plaintiff is GMAC MORTGAGE, LLC 3451 HAMMOND AVENUE WATERLOO, IA 50702 2. The name(s) and last known address(es) of the Defendant(s) are: WENDY L. ROYER DADE C. ROYER 405 3RD STREET NEW CUMBERLAND, PA 17070-2014 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/29/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR GMAC BANK, FSB which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1967, Page 4298. The PLAINTIFF is now the legal owner of the lmortgage and is in the process of formalizing an assignment of same. The mortgage and lassignment(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 05/01/2010 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments a0er a date specified by written notice sent to Mortgagor, the entire principal balance and akl interest due thereon are collectible forthwith. File N: 247520 • 6. The following amounts are due on the mortgage: Principal Balance $225,29 .93 Interest $5,27 .36 04/01/2010 through 08/06/2010 (Per Diem $42.242) Attorney's Fees $65 .00 Late Charges through 08/06/2010 $38 .75 Property Inspections/Property Preservations $4 .00 Non Sufficient Funds Charge $2(.00 Costs of Suit and Title Search $55.00 Escrow Deficit $6!.35 TOTAL $232,279.39 7. Plaintiff is not seeking a judgment of personal liability (or an in erso am 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 Defenda> t(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 Jhe mortgaged premises pursuant to Pennsylvania Law. 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. 9. The action does not come under Act 6 of 1974 because the original m rtgage amount exceeds the dollar amount provided in the statute. File #: 247520 w WHEREFORE, Plaintiff demands an in rem judgment against the Defendants) in the sum of $232,279.39, together with interest from 08/06/2010 at the rate of $42.242 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage 4d for the foreclosure and sale of the mortgaged proper. HALLINAN & SCHMIEGI LLP U Lawrence T. Phelan, -sq., Id. No-. 227 ? Francis S. Hallinan, Esq., Id. No. 2695 ? Daniel G. Schmieg, Esq., Id. No. 2205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 5 745 ? Shee 1 R. Shah-Jani, Esq., Id. No 81760 ? J ine R. Davey, Esq., Id. No. 87 77 auren R. Tabas, Esq., Id. No. 93 37 ? Vivek Srivastava, Esq., Id. No. 20 331 ? Jay B. Jones, Esq., Id. No. 86657 !, ? Peter J. Mulcahy, Esq., Id. No. 61 91 ? Andrew L. Spivack, Esq., Id. No. 4439 ? Jaime McGuinness, Esq., Id. No. 0134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 05047 ? Courtenay R. Dunn, Esq., Id. No. 06779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 247520 LEGAL DESCRIPTION ALL THAT CERTAIN for or tract of land situate in the Borough of New Cumberland, County of Cumberland, State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point of intersection of the northern line of Third Street and the western line of Reno Street; thence South 49 degrees West by the northern line of Third Strut 79.5 feet to a point; thence North 41 degrees West, 82.32 feet by lands now or formerly of Dewey; thence North 49 degrees East, 79.5 feet to the western line of Reno Street; thence South 41 degrees East by the western line of Reno Street, 82.32 feet to the point and place of Beginn?ng. HAVING thereon erected a two and one-half story brick and frame dwelling known as 405 Third Street. BEING the same premises which Stephanie V. Sorensen and Larry W. Sorenson by deed dated May 22, 2006 and recorded in the Recorder of Deeds Office in and for Cumberland County in Book 276, Page 4312, granted and conveyed unto Stephanie V. Sorensen. PROPERTY ADDRESS: 405 3RD STREET, NEW CUMBERLAND, PAI 17070-2014 PARCEL # 25-25-0006-067 File #: 247520 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 pena,ties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to DATE: v File #: 247520 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~attrltr iat ~utwbr~f~ry~ Jody S Smith Chief Deputy ~~ , ~` ~~~T .-r~< - ~~ Richard W Stewart ` SOiICItOr f tG6 QF' ~t£ ~"ERIFF ~ tv ~ C r..~' "Y°J _ :~ G ~ GMAC Mortgage, LLC ~ ~ '~ ~' - Ca~~,~tam¢@I -.,µ.,r~ Dade C. Royer (et al.) 29~a51A+=~ ~~!a .~ r~ ~ -r1 `~-> t"'3 SHERIFF'S RETURN OF SERVICE = ~~ `~~ ,. .~, 08/25/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a dilig~r~~t sch and inquiry for the within named defendant, to wit: Dade C. Royer, but was unable to locate him m his "~° bailiwick. He therefore deputized the Sheriff of Montgomery County, PA to serve the within Complaint in Mortgage Foreclosure according to law. 08/25/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Wendy L. Royer, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Montgomery County, PA to serve the within Complaint in Mortgage Foreclosure according to law. 09/02/2010 07:18 PM -Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on September 2, 2010 at 1918 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Wendy L. Royer, by making known unto Jeff Stouffer, current occupant at 405 3rd Street, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to him personally the said true and correct copy of the same. GERALD WORTHINGTO EPUTY 09/02/2010 07:18 PM -Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on September 2, 2010 at 1918 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Wendy L. Royer, by making known unto Jeff Stouffer, adult in charge at 405 3rd Street, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to him personally the said true and correct copy of the same. GE LD WORTHINGTO EPUTY 09/14/2010 06:55 AM -Montgomery County Return: And now, September 14, 2010 at 0655 hours I, John P. Duante, Sheriff of Montgomery County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Dade C. Royer the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find him in the County of Montgomery and therefore return same NOT FOUND. 09/14/2010 12:00 PM -Montgomery County Return: And now September 1, 2010 at 1200 hours I, John P. Durante, Sheriff of Montgomery County, Pennsylvania, do herby certify and return that 1 served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Wendy L. Royer by making known unto herself personally, at 350 Haws Lane, Apartment A, Flourtown, PA 19031 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $68.30 September 27, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ;c; CountySuito Shenft. Teleosoft Inc. Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff :Z-' rr, r- C Z=- CZ) r-q C-ti 0% GMAC MORTGAGE, LLC Plaintiff vs WENDY L. ROYER DADE C. ROYER Defendant Court of Common Pleas "- Civil Division : CUMBERLAND County : I No. 10-5510-CIVIL-TERM TO THE PROTHONOTARY: Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: l0 PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phela ., 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 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, :Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 PHS# 247520 Attorneys for Plaintiff -or -O -OM © rrI :,'.7