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Home My WebLink About04-4572FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 Plaintiff DEAN R. ROSSMAN KIT S. ROSSMAN 2 DOGWOOD CIRCLE SHIPPENSBURG, PA 17257 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 Stxeet Carlisle, PA 17013 (800)990-9108 File #: 96642 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 96642 Plaintiff is GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 The name(s) and last known address(es) of the Defendant(s) are: DEAN R. ROSSMAN KIT S. ROSSMAN 2 DOGWOOD CIRCLE SHIFPENSBURG, PA 17257 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 11/17/1993 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to SOURCE ONE MORTGAGE SERVICES CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. Book: 478, Page: 729. By Assignment of Mortgage recorded 5/11/99 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 612, Page 587. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2004 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 #: 96642 The following amounts are due on the mortgage: Principal Balance Interest 02/01/2004 through 09/10/2004 (Per Diem $13.60) Attorney's Fees Cumulative Late Charges 11/17/1993 to 09/10/2004 Cost of Suit and Title Search Subtotal $70,929.80 3,032.80 1,250.00 109.27 $ 550.00 $ 75,871.87 Escrow Credit - 450.47 Deficit 0.00 Subtotal $- 450.47 TOTAL $ 75,421.40 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 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 author/zed consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 75,421.40, together with interest from 09/10/2004 at the rate of $13.60 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. FEDE AND PHE AN LB/~ By: //J/Francis . a inan " FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 96642 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Shippensburg Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the Westem edge of Dogwood Circle at a common comer of Lot 30-A and Lot 31-A as shown on the Subdivision Plan for G & C Associates dated June 18, 1988; thence along Lot 30-A South 47 degrees 07 minutes 42 seconds West 104.11 feet to a point on the Eastern right-of-way line of L.R. Z1048 (Old Baltimore Road); thence along said fight-of-way line North 40 degrees 03 minutes 30 seconds West 104.02 feet to a point; thence by a curve to the right having a radius of 40.00 feet, a chord bearding of North 03 degrees 32 minutes 06 seconds East, an arc distance of 64.90 feet to a point on the Southern edge of Dogwood Drive; thence along the Southern edge of Dogwood Drive North 47 degrees 07 minutes 42 seconds East 16.99 feet to a point; thence by a curve to the right having a radius of 40.00 feet, a chord bearing of South 87 degrees 52 minutes 18 seconds East, an arc distance of 62.83 feet to a point on the Western edge of Dogwood Circle, thence along the Western edge of Dogwood Circle South 42 degrees 52 minutes 18 seconds East 103.90 feet to a point, the point and place of BEGINNING. BE1NG all of Lot 31-A on the Subdivision Plan for G & C Associates recorded in Cumberland County Plan Book 58, Page 123. CONSISTING OF 13,827 square feet, more or less. BEING Tax Parcel No 36-35-2388-101 BEING THE SAME PREMISES which H. SCOTT GARLING and MICHAEL J. CASSIDY, Co-Partners t/d/b/a G & C ASSOCIATES, by their Deed Dated May 29, 1992 and Recorded June 11, 1992 in the Office for the Recording of Deeds in and for Cumberland County in Deed Book 835, Page 409, Granted and Conveyed to WALTER E. BAKER and DEBORAH A. BAKER, husband and wife, in fee. SUBJECT to the conditions, restrictions, covenants easements and right-of-ways of record as recorded in Deed Book S35, Page 409 and SUBJECT to a ten (10) feet wide easement extending along all lot lines for utilities and drainage easements. Being Known As: 2 Dogwood Circle File #: 96642 VER~ICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for 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 he is 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 its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. 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. Francis S. Hallinan, Esquire Attorney for Plaintiff SHERIFF'S RETURN - CASE NO: 2004-04572 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS ROSSMAN DEAN R ET AL REGULAR CPL. MICHAEL BARRICK , Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE ROSSMAN DEAN R DEFENDANT , at 1313:00 HOURS, at 2 DOGWOOD CIRCLE SHIPPENSBURG, PA 17257 DEAN R. ROSSMAN a true and attested copy of COMPLAINT ~ MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 15th day of September, 2004 by handing to together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 15.54 Affidavit .00 Surcharge 10.00 .00 43.54 Sworn and Subscribed to before me this ~2,~/~. day of So Answers: R. Thomas Kline 09/16/2004 LA_Ny ~ FEDERMAN & PHE By:~~~? / /j.j~I)eputy Sheriff ~ '~ SHERIFF'S RETURN CASE NO: 2004-04572 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS ROSSMAN DEAN R ET AL REGULAR CPL. MICHAEL BARRICK Cumberland County,Pennsylvania, who being duly says, the within ,COMPLAINT - MORT FORE was ROSSMAN KIT S DEFENDANT , at 1313:00 HOURS, at 2 DOGWOOD CIRCLE SHIPPENSBURG, PA 17257 DEAN R. ROSSMAN, HUSBAND a true and attested copy of COMPLAINT - , Sheriff or Deputy Sheriff of sworn according to law, served upon the on the 15th day oK September, __ 2004 by handing to MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6 00 00 00 10 00 00 16 00 Sworn and Subscribed to before me this JJ~L day of =J~q A.D. honotary So Answers: R. Thomas Kline o9/: 6/2oo, FEDERMAN & PHELJkN uty Sheriff FEDERMAN AND PHELAN, LLP By: Frank Federman, Esquire I.D. No. 12248 Lawrence T. Phelan, Esquire I.D. No. 32227 Francis S. Hallinan, Esquire I.D. No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Plaintiff Attorney for GMAC MORTGAGE CORPORATION VSo DEAN R. ROSSMAN KIT S. ROSSMAN Plaintiff Defendant(s) Court of Common Pleas CUMBERLAND County No. 04-4572 CIVIL PRAECIPE TO WITHDRAW COMPLAINT WITHOUT PREIUDICE r AND SETTLE~ DISCONTINUE AND END TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark this matter settled, discontinued and ended, upon payment of your costs only. Frank Federman, Esquire Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Attorney s for Plaintiff