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Home My WebLink About12-2172 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 SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23224-7767 Plaintiff V. RYAN J. STINOSKI 414 EAST COOVER STREET MECHANICBURG, PA 17055 Defendant ATTORNEY FOR PLAINTIFF 280672 COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ls?+ - 021'la 0,1W ITerk CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE -0 p.-.ys.?? h+.3 "? > G) 103.75 A6 ATM/ aw 175casa e J, 73 V9,1 File #: 280672 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 #: 280672 1. 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: RYAN J. STINOSKI 414 EAST COOVER STREET MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 09/25/2008 RYAN J. STINOSKI made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR COMMERCE BANK/HARRISBURG, N.A. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200832639. By assignment of mortgage recorded 09/14/2011 the mortgage was assigned to PLAINTIFF in which assignment is recorded in Assignment Instrument No. 201125452. 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 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 280672 6. The following amounts are due on the mortgage: Principal Balance $116,342.32 Interest $7653.09 Good through 03/28/12 Late Charges $656.28 Property Inspections $191.00 Non Sufficient Funds Charge $40.00 Escrow Deficit $1,192.05 TOTAL $126,074.74 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 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. 8. 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. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $126,074.74 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. & SCHMIEG, LLP By: Robert W. Cusick, Esquire Attorney for Plaintiff File #: 280672 LEGAL DESCRIPTION ALL THAT CERTAIN HOUSE and lot of ground situate in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the South side of East Coover Street (50 feet wide), at the dividing line between Lots Nos. 19 and 20, Block 'B' on the hereinafter mentioned Plan of Lots; thence by the South side of East Coover Street, South 72 degrees 48 minutes West, 65 feet to Lot No. 18, Block 'B' on said Plan; thence along said Lot No. 18, Block 'B', South 17 degrees 12 minutes East, 161.56 feet to a point; thence North 72 degrees 48 minutes East, a distance of 65 feet to Lot No. 20, Block'B'; thence North 17 degrees 12 minutes West along said Lot No. 20, Block'B', 161.56 feet to the South side of East Coover Street, the Place of BEGINNING. BEING Lot No. 19, Block'B', in the Plan of Blackburn Village, as recorded in the Cumberland County Recorder's Office in Plan Book 5, at Page 26. HAVING thereon erected a single dwelling house, known as No. 414 East Coover Street, Mechanicsburg, PA. PROPERTY ADDRESS: 414 EAST COOVER STREET, MECHANICSBURG, PA 17055- 4225 PARCEL # 17-24-0789-013 File #: 280672 VERIFICATION _ A (P hereby states that he/she is OIPF l of SUNTRUST MORTGAGE, INC., 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: a I ??:el ?Z 1 Z Name: '4r'?`?v-Lt Title: o(- ) SUNTRUST MORTGAGE, INC. File#: 280672 Name: STINOSKI File #: 280672 IN THE COURT OF COMMON PLEAS Wto OF CUMBERLAND COUNTY, SUNTRUST MORTGAGE, INC. e F ./? a t-;,4 o bQ PENNSYLVANIA Plaintiff(s) .t0 /.? 1?R- ? Am /d ?F/ VS. '??? ylvan ? a • RYAN J. STINOSKI Defendant(s) c2/79) Civil 7irm NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have an attorney, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at not charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in attempt to work out a reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work our reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward, IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. b v Date Respect submi Signature of Counsel for Plaintiff RobW W. Cusick, Esquin Id., No. 80193 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Please Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Address (if different) City: Phone Numbers: Email: # of people in household: Mailing Address: City: Phone Numbers: Email: # of people in household: First Mortgage Lender: Loan: Yes F State Zip: No ? Listing date: Price: $_ Realtor Phone:_ Yes ? No ? Home: Cell: State: Zip: How long? Home: Cell: Office: Other: Office: Other: State: Zip: How long? Loan Number: Second Mortgage Lender: of Loan: Loan Number: Date you Closed Your Loan: Type of Type Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ? No ? If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Amount owed: Value: Automobile #2: Model: Amount owed: Value: Other transportation (automobiles. boats. motorcvcles): Model: Year: Amount owed: Value Year: Year: Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mort a e Food 2" Mortgage Utilities Car Pa ent(s) Condo/Nei . Fees Auto Insurance Med. not covered) Auto fuel/re airs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Money Da /Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ? No ? If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ? No ? If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes El No ? If yes, please indicate the status of those negotiations: Please provide the following information, if you know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: UWe, , authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. UWe understand that Uwe am/are under no obligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this page along with the following information to lender: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX: 215-568-7616 Email: complaintsWedphe.com Representing Lenders in Pennsylvania and New Jersey OVERTIME WEEKEND SERVICE MILEAGE APPROVAL To: The Sheriffs Department of CUMBERLAND County Re: Attached Service Request We recognize that service of mortgage foreclosure complaints is a difficult task as many defendants attempt to evade service. Please note that we specifically authorize OVERTIME, WEEKEND SERVICE AND MILEAGE for service. The sheriffs office advised our office on DATE that sheriffs costs total COST for this file. If there is a concern regarding the costs, please contact JAMES SILVER at PH&S; please do not return the Complaint to our office. Further, we specifically authorize a ten ($10) dollar fax fee for the transmission of the service return to our office at the service faxline of 215-568-7616. This applies to all cases whether service has been made or not. We would appreciate this fax transmission within 24 hours of the service return completion. Please call Francis S. Hallinan or Dan Schmieg with any questions or requests you may have. Thank you for your efforts. Phelan Hallinan & Schmieg, LLP COMPLAINT DEPARTMENT File #: 280672 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff t I t" ;r`'? ^ ,1 Jody S Smith Chief Deputy eu?? PR 23 PM 12: i Richard W Stewart Solicitor CJMrL; - PEW4S YL,'A Aj A Suntrust Mortgage Inc Case Number vs. Ryan J. Stinoski 2012-2172 SHERIFF'S RETURN OF SERVICE 04/10/2012 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: Ryan J. Stinoski, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 04/12/2012 05:56 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2012 at 1756 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Ryan J. Stinoski, by making known unto Kristine Stinoski, Wife of Defendant at 414 E. Coover Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 its content: and at the same time handing to her personally the said true and corrects f the same. S &1--1TSM1Lt- DEPUTY 04/13/2012 Dauphin County Return: And now, April 13, 2012 I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Ryan J. Stinoski the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find her in the County of Dauphin and therefore return same NOT FOUND. Request for service at 8176 Presidents Drive, Hummelstown, Pennsylvania 17036 is a business complex more information would be required to find the Defendant at this address. SHERIFF COST: $63.00 April 19, 2012 SO ANSWERS, RON W R ANDERSON, SHERIFF C?} t? Tf William T. Tully Solicitor Dauphin County 101 Market Street Harrisburg, PennsvIvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin SUNTRUST MORTGAGE, INC. VS RYAN J. STINOSKI Sheriff s Return No. 2012-T-1096 OTHER COUNTY NO. 2012-2172 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for RYAN J. STINOSKI the DEFENDANT named in the within COMPLAINT IN MORTGAGE, FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, APRIL 13, 2012. ADDRESS: 8176 PRESIDENTS DRIVE, HUMMELSTOWN, PA 17036 BELONGS TO A BUSINESS COMPLEX. NEED SUITE OR BUSINESS INFORMATION. Sworn and subscribed to before me this 16TH day of April. 2012 xu?:)*2 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County M Commission Expires August 17, 2014 So Answers, Sheriff of Dauphin County, Pa. By Deputy Sheriff Deputy: M SWEIGART Sheriffs Costs: $49.25 4/12/2012 Phe~n Hallman & Sclunieg, LLP 1617 JFK Boulevard, Suite 1400 One. Fenn Center Plaza Pliiluei+dphua, PA 19103 215-5~3-7000 ' MORTGAGE, INC. Plaintiff vs RYAN J. STINOSKI Defendant TO THE PROTHONOTARY: Attorney For Plaintiff Court Of COmmon Pleas CivillBvision CUMBERLAND County N0.12-2172-CIVIL TERM PRAECIPE r~ c.. - -. y~rp rV 4 ~ .~.. nd... ~~ x ~,. :1 ~.p.., ~ ~1 ~ ~ ~~ ~ ~~ ~~' - ~" ca ~ -~° -.~ ~ ® Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ^ Please mazk 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. ^ Please Vacate the Judgment entered. Date: ~ L PHEL AN & SCHMIEG, LLP By: John a Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff PHS # 28U672 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. Plaintiff Attorney for P4aintiff Court of Common Pleas Civil Division v. CUMBERLAND County RYAN J. STINOSKI No. 12-2172-CIVIL TERM Defendant Mail Code: 1207 PHS #280672 GERTI)F'ICATI4N QF 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: RYAN J. STINOSKI 8176 PRESIDENTS DRIVE HU1vIMELSTO//WN, PA 17036-8635 Date: ~1,~71/2 PHELAN & SCHMIEG, LLP By: John ael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff