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HomeMy WebLinkAbout10-7559Phelan Hallman & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE FOR RALI 2005QS15 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 ~~~~~-a~~~c~ ~~~~ ~~~ -8 ~~ ~~~ ~z~ ~~MBER~AP~ CCIl,# ~'> ATTORNEY FOR PLAINTIFF 257025 COURT OF COMMON PLEAS CIVIL DIVISION TERM v. Plaintiff NO. ~ ~ '~ S S CRYSTAL S.OTTENBERG 813 16TH STREET NEW CUMBERLAND, PA 17070-1517 Defendant CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE D ~~~ _..~ ~~. Ip3S~~a File #: 257025 ^~ ~~~ /~-~ o` ~.J 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800)990-9108 File #: 257025 1. Plaintiff is DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE FOR RALI 2005QS15 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: CRYSTAL S. OTTENBERG 813 16TH STREET NEW CUMBERLAND, PA 17070-1517 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/27/2005 CRYSTAL S. OTTENBERG made, executed and delivered a mortgage upon the premises hereinafter described to AMERICAN HOME MORTGAGE ACCEPTANCE,INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1917, Page 1390. By Assignment of Mortgage recorded 10/01/2007 the mortgage was assigned to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. which Assignment is recorded in Assignment of Mortgage Instrument No. 200737773. 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 08/01/2010 and each month thereafter are due and unpaid, and by the terms File #: 257025 of said mortgage, upon failure of mortgagor to make such payments after a date specified 6. by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 'The following amounts are due on the mortgage: Principal Balance $111,632.62 Interest $2,577.76 07/01 /2010 through 11 /09/2010 Late Charges through 11 /09/2010 $181.10 Property Inspections/Property Preservations $26.00 Subtotal $114,417.48 Escrow Cred_ it 93.29 TOTAL $114,324.19 7. 8. 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. 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. File #: 257025 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $114,324.19, together with interest from 11/09/2010 at the rate of $19.8798 per diem to the date of judgment, and other costs, fees and charges collectible under the mortgage, including but not limited to attorneys fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP ((~ By: ^ ~,awrence 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 aime 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 Attorneys for Plaintiff File #: 257025 LEGAL DESCRIPTION ALL THAT CERTAIN tract Parcel of land and premises, situate, lying and being in the Borough of New Cumberland in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the northerly line of Sixteenth Street (50 feet wide), 100 feet east of Locust Street at corner of lands now or formerly of James Lower; thence North 43 degrees 37 minutes West along lands now or formerly of the said James Lower, 153.14 feet to a point at lands now or formerly of C.O. Hempt; thence along said lands now or formerly of Hempt, North 58 degrees 3 minutes East 61.13 feet to a point at lands now or formerly of John M. Jordan and Ruth E. Jordan, his wife; thence along said lands now or formerly of Jordan, South 39 degrees 33 minutes east, 151.14 feet to the northerly line of Sixteenth Street; thence along the northerly line of Sixteenth Street, South 58 degrees 3 minutes West, 50.15 feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a single dwelling house known and numbered as 813 Sixteenth Street, New Cumberland, Pennsylvania. UNDER AD SUBJECT, nevertheless, to easements, restrictions, reservations, conditions, rights of way of record or other matters of prior record. PROPERTY ADDRESS: 813 16TH STREET, NEW CUMBERLAND, PA 17070-1517 PARCEL # 26-23-0543-439 File #: 257025 G VERIFICATION H ~/l~~N~~.. ,hereby states that he/she is A~/'INu~Zr21ro o~~cc-~ employee of GMAC Mortgage, LLC, successor-in-interest to Homecomings Financial, 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: /~ ~3J~i~ File #: 257025 Name: AN~~i o~y ,v,~ Zn~~.~ u.v Title: ,a~~~a o ~~ z ~ oFF,c~2 Servicer: GMAC Mortgage, LLC, successor-in-interest to Homecomings Financial, LLC Name: OTTENBERG SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor , ti f L CI t19 %1???7 Loll tt F'iLE?3-GFH'ICE 17 TfiE' PRO-THO?t;ET.t?,`' 2 `0 DEC- 20 PM 2: f*UMBERLPID CuU u Y Deutsche Bank National Trust Company Case Number vs. 2010-7559 Crystal S. Ottenberg SHERIFF'S RETURN OF SERVICE 12/17/2010 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: Crystal S. Ottenberg, but was unable to locate her in hi; bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Crystal S. Ottenberg. Request for service at 813 16th Street, New Cumberland, Pennsylvania 17070 is vacant. The New Cumberland Postmaster has advised, Crystal S. Ottenberg's mail is delivered to 813 16th Street, New Cumberland, Pennsylvania 17070. SHERIFF COST: $48.30 SO ANSWERS, December 17, 2010 RbNWY- R ANDERSON, SHERIFF (c CrunfySuitc Shenff T6easoft. 1 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Attorney For Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 DEUTSCHE BANK TRUST COMPANY AMERICAS Court of Common Pleas AS TRUSTEE FOR RALI 2005QS15 Plaintiff Civil Division vs CRYSTAL S.OTTENBERG Defendant e? CUMBERLAND Cou No. 10-7559 - T> TO THE PROTHONOTARY: Please mark the above referenced case settled, discontinued and ended. Date: PHELAN LINAN & SCHMIEG, LLP By: 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. 2067"----- Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 PHS# 257025 Attorneys for Plaintiff a n rn ©° -1 p Z -n (5.6 :Z Z C-) C) D -c