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Home My WebLink About12-1402iLED {}1'; ," T-iE'R??l?nf' . . 2112 MAR -2 Ate !!: 01 "Ut"TERLAND C4} r ? , PENNSYLV.At..Ij A III PHELAN HALLINAN & SCHMIEG, LLP Robert W. Cusick, Esq., Id. No.80193 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. MARK J. NASTELLI SANDRA J. NASTELLI 400 MOUNT ROCK ROAD NEWVILLE, PA 17241-9576 Defendants 283017 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. J, od CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 283017 C-5) i??3. 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 #' 283017 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) are: MARK J. NASTELLI SANDRA J. NASTELLI 400 MOUNT ROCK ROAD NEWVILLE, PA 17241-9576 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/25/2007 MARK J. NASTELLI and SANDRA J. NASTELLI made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR GMAC MORTGAGE, LLC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200738636. By Assignment of Mortgage recorded 01/18/2012 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201201697.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 07/01/2011 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 File #', 283017 by written notice sent to Mortgagor, the entire principal balance and all interest due 6. thereon are collectible forthwith. The following amounts are due on the mortgage as of 10/07/2011: Principal Balance $119,106.21 Interest $2,812.04 06/01/2011 to 10/07/2011 Late Charges $164.71 Property Inspections $22.50 Non Sufficient Funds Charge $60.00 Escrow Deficit 951.13 TOTAL $123,116.59 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 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. File # 283017 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $123,116.59, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN UALLINANi & SCHMIEG, LLP By: Robert is squire Attorney aintiff File # 283017 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, situate on the Southwest side of L.R. 21003 Mount Rock Road, West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan of Survey by R & R Associates, dated August 22, 1979, bearing drawing No. M-1979-241, as follows, to wit: BEGINNING at a point located at the intersection of the Southwest side of L.R. 21003 Mount Rock Road and the Southeast side of Hilltop Road T-436; thence extending from said beginning point and along the Southwest side of L.R. 21003 Mount Rock Road, South 79 degrees 35 minutes 00 seconds East a distance of 152.40 feet to a set R.R. spike at a corner of property now or formerly of Kenneth E. Wanger, Jr.; thence extending along same the two following courses and distances; (1) South 02 degrees 58 minutes 32 seconds West a distance of 236.37 feet to a set re-bar; (2) South 79 degrees 35 minutes 00 seconds East a distance of 122.60 feet to a found axle at property now or formerly of Virgil O'Hara; thence extending along same South 02 degrees 00 minutes 00 seconds East a distance of 110.00 feet to a found pipe at a corner of property now or formerly of Philip J. Carlin; thence extending along same North 79 degrees 35 minutes 00 seconds West a distance of 254.00 feet to a set re-bar on the Southeast side of Hilltop Road T- 436, aforementioned; thence extending along same North 02 degrees 00 minutes 00 seconds West a distance of 350.00 feet to the first mentioned point and place of BEGINNING. BEING THE SAME PREMISES WHICH Jack Edward Stuart and Maryannie Jennie Stuart, by their Deed dated June 26, 1996, recorded June 27, 1996, in Record Book 141, page 836, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and File 9 283017 conveyed unto Mark J. Nastelli and Sandra J. Smyth, as joint tenants with right of survivorship and not as tenants in common. PROPERTY ADDRESS: 400 MOUNT ROCK ROAD, NEWVILLE, PA 17241-9576 PARCEL # 46-09-0519-027 File 4 283017 VERIFICATION Up= BaIJ" hereby states that he/she is 1 IZ&C?4 mad ()ffi, P of GMAC MORTGAGE, LLC, Plaintiff in this matter, that he/she is authorized to make 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 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: 2 kIl0 ?\ Z GMAC MORTGAGE, LLC File#: 283017 Name: NASTELLI File k 283017 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ? it 3 . 4i r -Fl Sheriff ' , T 100 I ;4tu of:! tfrr Jody S Smith ?? 2 1 AM 9' Chief Deputy Richard W Stewart Solicitor GMAC Mortgage, LLC vs. Sandy J. Nastelli (et al.) Case Number 2012-1402 SHERIFF'S RETURN OF SERVICE 03/05/2012 04:37 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on March 5, 2012 at 1637 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Sandy J. Nastelli, by making known unto Mark Nastelli, Husband of Defendant at 400 Mount Rock Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him personally the said true and correct copy of the same. RYAN BURGETT, DEPU 03/05/2012 04:37 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on March 5, 2012 at 1637 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Mark J. Nastelli, by making known unto himself personally, at 400 Mount Rock Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handinc to him personally the said true and correct copy of the same. SHERIFF COST: $56.00 March 06, 2012 RYAN BURGETT, D SO ANSWERS, tt. RON R ANDERSON, SHERIFF PHELAN HALLINAN & SCHMIEG, LLF «? y Attorney for Plaintiff Matthew Brushwood, Esq., Id. No.310592 r,,,, 7 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Ypi :1lA GMAC MORTGAGE, LLC VS. MARK J. NASTELLI SANDRA J. NASTELLI CUMBERLAND COUNTY . COURT OF COMMON PLEAS CIVIL DIVISION : No. 12-1402-CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against MARK J. NASTELLI, and SANDRA . NASTELLI, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 d ys from service thereof and for foreclosure and sale of the mortgaged premises, and assess PlairAiff s damages as follows: As stet forth in Complaint TOTAL $123,116.59 $123,116.59 I hereby certify that (1) the Defendants' last known address is 400 MOUNT ROCK ROAD, NEWVILLE, PA 17241-9576, and (2) that notice has been given in accordance with Rule Pa.R.C.P 2 7.1. Date A7 Matthew woo ;Esquire CL Attorne or Plaintiff QW????? u a a+q o DAMAGES ARE HEREBY ASSESSED AS INDICJ., k2 ) ?woo DATE: 5J o? ka PHS #t 283017 PROTHONOTARY 283017 PHELAN HALLMAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphi, PA 19103 215-563-7000 GMAC MORTGAGE, LLC VS. MARK J.INASTELLI SANDRA J. NASTELLI Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION : No. 12-1402-CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or itsAllies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant MARK J. NASTELLI is over 18 years of age and resides at 400 MOUNT ROCK ROAD, NEWVILLE, PA 17241-9576. (c) that defendant SANDRA J. NASTELLI is over 18 years of age and resides at 400 MOUNT ROCK ROAD, NEWVILLE, PA 17241-9576. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date 41- M/tthe r wood, Esquire Attorney or Plaintiff 283017 (Rule of Civil Procedure No. 236) - Revised GMAC MORTGAGE, LLC VS. MARK J. NASTELLI SANDRA 1. NASTELLI : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 12-1402-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on 5 aq ?a . \ It 4AO By: rj?qc? If you have any questions concerning this matter please contact: Phelan Hallinan & Schmieg, LLP Matthew Brushwood, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE POVIO USL Y RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD AFOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY" 283017 GMAC MORTGAGE, LLC V, MARK J. NASTELLI SANDRA J. NASTELLI Plaintiff Defendant(s) TO: MARK J. NASTELLI 400 MOUNT ROCK ROAD NEWVILLE, PA 172 1-9576 'n DATE OF NOTICE: / L COURT OF COMMON PLEAS CIVIL DIVISION NO. 12-1402-CIVIL CUMBERLAND COUNTY TIJIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT' WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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. Office of the Prothonotary Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: tv :t 5,v4rushwood, Esquire Attorney for Plaintiff Phelan Hallinan & Schntieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS #'283017 GMAC MORTGAGE, LLC v. MARK J. NASTELLI SANDRA J. NASTELLI Plaintiff Defendant(s) TO. SANTRA J. NASTELLI 400 MOUNT ROCK ROAD NEWVILLE, PA 17141-t 576 DATE: OF NOTICE: COURT OF COMMON PI.F,AS CIVIL DIVISION NO. 12-1402-CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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 LFGAI. SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By. wood, Esquire MatcPntiff AttoriPhelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PITS # 283017 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC Plaintiff vs MARK J. NASTELLI SANDRA J. NASTELLI Defendant TO THE PROTHONOTARY: Attorney For Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No. 12-1402-CIVIL PRAECIPE C'3 C ems., r?:. Cb * C7 t ?C) 'a: Cdr: ? Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ? Please mark the above referenced case Settled, Discontinued and Ended. ® Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. ? Please mark the in rem judgment Satisfied and the action Discontinued and Ended. Date: _ G PHEL N & SCHMIEG, LLP PHS # 283017 By: chael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff 4Q.5o Pb AT?Y e r/aaoay8y Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC Plaintiff vs MARK J. NASTELLI SANDRA J. NASTELLI Defendant Attorney For Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No. 12-1402-CIVIL CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: MARK J. NASTELLI SANDRA J. NASTELLI 400 MOUNT ROCK ROAD NEWVILLE, PA 17241-9576 Date: 4 ;/Z711 2 By:_ John PHS # 283017 chael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff