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HomeMy WebLinkAbout12-1629PHELAN 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 SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23224-7767 _ -0F I ATTORNEY FOR PLAINTIFF i?"t2 is? 14 AM {p: 2-14 TIWERLAND COUNTY PENNSYLVANIA- COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM v. NO. og0la-/? 09 No.( ALAN G. DAVIS A/K/A ALAN DAVIS GEORGE SHUGHART CUMBERLAND COUNTY MICHAEL L. RYNARD AKA MICHAEL RYNARD 123 ELM STREET CARLISLE, PA 17013-1921 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 274051 CIS) 010 0- 0% 11 6aD I 2?U-- a-7 a-3 to ? 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 #: 274051 Plaintiff is SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23224-7767 2. The name(s) and last known address(es) of the Defendant(s) are: ALAN G. DAVIS A/K/A ALAN DAVIS GEORGESHUGHART MICHAEL L. RYNARD AKA MICHAEL RYNARD 123 ELM STREET CARLISLE, PA 17013-1921 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 01/03/2008 ALAN G. DAVIS, GEORGE SHUGHART, and MICHAEL L. RYNARD AKA MICHAEL RYNARD made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR SUNTRUST MORTGAGE, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200800707. By Assignment of Mortgage recorded 06/29/2011 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201118228. 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 04/01/2011 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 #: 274051 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 07/08/2011: Principal Balance $94,515.95 Interest $2,040.74 03/01/2011 through 07/08/2011 Late Charges $59.78 Property Inspections $15.00 Escrow Deficit $2,247.25 TOTAL $98,878.72 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 #: 274051 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $98,878.72, 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. PHEL A AN & SCHMIEG, LLP By: _ Robertusick, Esquire Attorney for Plaintiff File #: 274051 LEGAL DESCRIPTION ALL THAT CERTAIN messuage or tenement and half lot of ground situated in the First Ward of the Borough of Carlisle, in the County of Cumberland, and State of Pennsylvania, bounded and described as follows: ON the South by Elm Street; on the West by other half of lot now or formerly of Mrs. Walker, on the north by an alley along the C.V.R.R tract, and on the east by lot now or formerly of Edgar B. Heckman; containing twenty feet in front of Elm Street and extending an even width one hundred and forty eight feet in depth to the aforesaid alley, more or less. PROPERTY ADDRESS: 123 ELM STREET, CARLISLE, PA 17013-1921 PARCEL # 02-20-1800-188 File #: 274051 VERIFICATION , hereby states that he/she is of, SUNTRUST MORTGAGE CORPORATION, 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 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 #: 274051 Name: DAVIS Name: Title: SUNTRUST MORTGAGE CORPORATION File #: 274051 VERIFICATION he er by states that he/she is of, SUNTRUST MORTGAGE CORPORATION, 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 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: I File #: 274051 Name: T ?o Title: SUNTRUST MORTGAGE CORPORATION Name: DAVIS Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff r }- SUNTRUST MORTGAGE, INC. Plaintiff u of Common Pleas , 1. i PF ?? N 9: 617 K5 90 Fj?i vs PE ?SYLVAN1A . CUMBERLAND County ALAN G. DAVIS A/K/A ALAN DAVIS GEORGE SHUGHART MICHAEL L. RYNARD A/K/A MICHAEL RYNARD : I No. 2012-1629-CIVIL Defendant PRAECIPE TO THE PROTHONOTARY: X 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 Satisf}ed -aihd the action Discontinued and Ended. Date: r' Z LAN HALLINAN &-S IEG, LLP PHS# 274051 By: 1_1 vrence T. Phelan, Esq., d. No. 3222 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 Sheet R. Shah-Jani, Esq., Id. No. 81760 Je ' e R. Davey, Esq., Id. No. 87077 auren 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 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 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Attorneys for Plaintiff I _ PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 SUNTRUST MORTGAGE, INC. Plaintiff vs ALAN G. DAVIS A/K/A ALAN DAVIS GEORGE SHUGHART MICHAEL L. RYNARD A/K/A MICHAEL RYNARD Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 2012-1629-CIVIL CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff's Praecipe was served by regular mail to the person(s) on the date listed below: ALAN G. DAVIS A/K/A ALAN DAVIS GEORGE SHUGHART MICHAEL L. RYNARD A/K/A MICHAEL RYNARD 123 ELM STREET CARLISLE, PA 17013-1921 Date: 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 Je ' R. Davey, Esq., Id. No. 87077 auren 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 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 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Attorney for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff = ? t. G tJ i- C E 1t4sit uu ri?r?9?f # } k? HONO (, t'q Jody S Smith Chief Deputy 2012 MAY AM g: $ Richard W Stewart Solicitor 'UMIERLANO COUNTY PENNSYLVANIA Suntrust Mortgage Inc Case Number vs. Alan G Davis (et al.) 2012-1629 SHERIFF'S RETURN OF SERVICE 03/19/2012 05:24 PM - Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on March 19, 2012 at 1724 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: George Shughart, by making known unto Heather Shughart, Wife of Defendant at 34 Prickly Pear Drive, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. j I- Llll-? VALERIE WEARY. DEPUTY 03/19/2012 05:10 PM - Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on March 19, 2012 at 1710 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Michael L. Rynard, by making known unto himself personally, at 1 Codorus Creek, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. W 11 VALERIE WEARY, DEPUTY 03/21/2012 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: Michael L. Rynard, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Michael L. Rynard. Request for service at 34 Prickly Pear Drive, Carlisle, Pennsylvania 17013 the Defendant was not found. Michael L. Rynard currently resides at 1 Codorus Creek Court, Carlisle, Pennsylvania 17013. 03/21/2012 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: George Shughart, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant George Shughart. Request for service at 1 Codorus Creek, Carlisle, Pennsylvania 17013 the Defendant was not found. George Shughart currently resides at 34 Prickly Pear Drive, Carlisle, Pennsylvania 17013. 03126/2012 05:13 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on March 26, 2012 at 1713 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Occupant of 123 Elm Street, Carlisle, Pennsylvania 17013, by making known unto Greg Minnier, Current Occupant at 123 Elm Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. f r AN URGETT, DE {c; Ccurry5uits Sne - .°t 03/27/2012 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: Alan G. Davis, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Alan G. Davis. Request for service at 34 Prickly Pear Drive, Carlisle, Pennsylvania 17013 the Defendant was not found. Heather Shughart advised Deputies, Alan G. Davis is thought to be residing in Mechanicsburg, Pennsylvania. 03/27/2012 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: Alan G. Davis, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Alan G. Davis. Request for service at 123 Elm Street, Carlisle, Pennsylvania 17013 the Defedant was not found. 03/28/2012 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: George Shughart, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant George Shughart. Request for service at 123 Elm Street, Carlisle, Pennsylvania 17013 the Defendant was not found. George Shughart currently resides at 34 Prickly Pear Drive, Carlisle, Pennsylvania 17013. 04/03/2012 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: Alan G. Davis, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Alan G. Davis. Request for service at 1 Cordorus Creek, Carlisle, Pennsylvania 17013 the Defendant was not found. The Carlisle Postmaster has confirmed, Alan G. Davis is not known at this address. SHERIFF COST: $204.00 May 04, 2012 SO ANSWERS, RONITY R ANDERSON, SHERIFF ill; 000:l?ysu0e S?e.:ff Teeasoft. ic::