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HomeMy WebLinkAbout10-7270Phelan 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 F3LED-OFFi~E G~ i He P~ i 1~~~!QT~~~ t' ~~~Q ~°~~ { 9 ~~ ~~~ ~~ ~~C"Ig~Fi~~4~~~ ~C1~..iT"t' ~'~E~tr<SYL1~~~;~wl ~~. ATTORNEY FOR PLAINTIFF GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff v. MICHAEL A. T'fi1:JMMA ELLEN C. THUMMA 4 DELBROOK COURT MECHANICSBURG, PA 17050-3039 Defendants 253797 COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ~ v ~-~ ~ 7 ~ CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 253797 ~ oo c~a'~J a~ ~~~'. ~~~0303 a~ Q,~~s ~ ~ 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 aze 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 253797 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) aze: MICHAEL A. TI~[UNIlVIA ELLEN C. THUMMA 4 DELBROOK COURT MECHANICSBURG, PA 17050-3039 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/15/2006 MICHAEL A. THUMMA and ELLEN C. THUMMA made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR HOMECOMINGS FINANCIAL ,LLC, (F/K/A HOMECOMINGS FINANCIAL NETWORK, INC.) which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1978, Page 855. By Assignment of Mortgage recorded 12/04/2009 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200940451. The mortgage and assignment(s), if any, aze matters of public record and aze 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. File #: 253797 5 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2010 and each month thereafter aze 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 aze collectible forthwith. The following amounts aze due on the mortgage: Principal Balance $136,078.88 Interest $951.94 06/01 /2010 through 10/07/2010 (Per Diem $7.5599) Attorney's Fees $650.00 Late Chazges through 10/07/2010 $152.32 Property Inspections/Property Preservations $112.50 Costs of Suit and Title Seazch $550.00 Escrow Deficit 669.68 Subtotal $139,165.32 Suspense Credit 321.14 TOTAL $138,844.18 7. 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 dischazged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 253797 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 $138,844.18, together with interest from 10/07/2010 at the rate of $7.5599 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: _ / v ~ ^ 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 Attorneys for Plaintiff ~ /d~ 2~Y~~ ~l~uPn UJP.~~, ~ - J File #: 253797 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Eastern line of Del-Brook Court, 95 feet South of the Southeastern corner of the intersection of Del-Brook Court and Del-Brook Road, also being the dividing line between Lots Nos. 12 and„ 13, Block G on hereinafter mentioned Plan of Lots; thence North 86 degrees 00 minutes East along same, 80.69 feet to a point at the dividing line between Lots Nos. 13 and 14, Block G on said Flan; thence South 23 degrees 48 minutes West along same 15.44 feet to a point at the dividing line between Lots Nos. 12 and 14, Block G on said Plan; thence South 31 degrees 50 minutes 30 seconds East along same, 135.02 feet to a point at the dividing line between Lots 12 and 15, Block G on said Plan; thence South 75 degrees 12 minutes West 54.98 feet to a point, along the southern line Lot 12, Block G on said Plan; thence North 47 degrees 49 minutes West along same 143.66 feet to a point at the dividing line between Lots Nos. 11 and 12, Block G on said Plan; thence Northwardly along the Easterly side of Del- Brook Court, being an arc or curve to the left, having a radius of 55 feet, 44.33 feet to a point, the Place of BEGINNING. BEING Lot No. 12, Block G on Plan of Lots known as Plan 4, Del-Brook Manor, said Plan recorded in the Office of the Recorder of Deeds in and for Cumberland County in Carlisle, Pennsylvania, on May 10, 1960, in Plan Book 11, Page 33. PROPERTY ADDRESS: 4 DELBROOK COURT, MECHANICSBURG, PA 17050-3039 PARCEL # 10-22-0527-029 File #: 253797 VERIFICATION ~ V~G C-~' ~ ,hereby states that he/she is ^ of, GMAC t MORTGAGE, LLC, servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and verify 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 unsworn falsification to authorities. DATE: \ ` (~ File #: 253797 ~r Name: Title: ~~ fe ~s~- Servicer: GMAC MORTGAGE, LLC Name: THUMMA SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson C a ?°t Sheriff Jody S Smith y ', Chief Deputy _?.. r- t © o? C Richard W Stewart a :) -48 Solicitor OFFIt.E "'T -1E >-FFIFF n ? ;it O GMAC Mortgage, LLC Case Number vs. 2010-7270 Michael A Thumma (et al.) SHERIFF'S RETURN OF SERVICE 11/29/2010 04:02 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on November 29, 2010 at 1602 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Michael A. Thumma, by making known unto Ellen C. Thumma, Wife of defendant at 4 Delbrook Court, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. NOAH CLINE, DEPUTY 11/29/2010 04:02 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on November 29, 2010 at 1602 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Ellen C. Thumma, by making known unto herself personally, at 4 Delbrook Court, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $53.00 November 30, 2010 NOAH CLINE, DEPUTY SO ANSWERS, ROW R ANDERSON, SHERIFF Ici CountySuite Sheriff. T'eieosoft. inc. Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff GMAC MORTGAGE, LLC Plaintiff vs MICHAEL A. THUMMA ELLEN C. THUMMA Defendant : I Court of Common Pleas Civil Division • -V3 CUMBERLAND County rn CO No. 10-7270 ?a N 0 ©, TO THE PROTHONOTARY: DC:: o -i N -? N Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: PHELA INAN B)SCHMIEG, LLP B L e T. Phelan, E ., Id. No. 7 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 Allison F. Wells, Esq., Id. No. 309519 PHS# 253797 Attorneys for Plaintiff a -+n -t MOM .rat ST o? z=' O? D