HomeMy WebLinkAbout12-2417i
PHELAN HALLINAN & SCHMIEG, LLP
Mario J. Hany'on, Esq., Id. No.203993
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
GMAC MORTGAGE LLC, S/I/I TO GMAC
MORTGAGE CORPORATION
1100 VIRGINIA DRIVE
P.O. BOX 8300
FORT WASHINGTON, PA 19034
V.
Plaintiff
ERIC R. MENTZER
1003 NANROC DRIVE
A/K/A, 1003-10 NANROC DRIVE
MECHANICSBURG, PA 17055-4480
Defendant
262702
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ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
NO. /ol ` ag17 0'lvilTem
CUMBERLAND COUNTY
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
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File #: 262702
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 #: 262702 ,
Plaintiff is
GMAC MORTGAGE LLC, S/I/I TO
GMAC MORTGAGE CORPORATION
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:
ERIC R. MENTZER
1003 NANROC DRIVE
A/K/A, 1003-10 NANROC DRIVE
MECHANICSBURG, PA 17055-4480
who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
On 03/29/2000 ERIC R. MENTZER made, executed and delivered a mortgage upon the
premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office
of the Recorder of CUMBERLAND County, in Book 1603, Page 144.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.
The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 11/0 1/2010 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 #: 262702
6
The following amounts are due on the mortgage as of 03/07/2012
Principal Balance $55,741.34
Interest $6,889.91
09/01/2010 to 03/07/2012
Late Charges $788.48
Property Inspections $475.50
Escrow Deficit $1,145.98
TOTAL $65,041.21
7.
8.
Plaintiff is not seeking a judgment of personal liability (or an in person am 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.
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$65,041.21, 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 HALLINAN & SCHMIEG, LLP
By: /::i? ??
Mario J. Hanyon, Esquire
Attorney for Plaintiff
File #: 262702
LEGAL DESCRIPTION
ALL THAT CERTAIN unit designated as Unit II-10, Building I, being a condominium unit in
Geneva Place, a condominium, located in Upper Allen Township, Cumberland County,
Pennsylvania, which unit is located on the First Floor, Building I as designated in the Declaration
of Condominium recorded 5 October 1983 in the Office of the Recorder of Deeds for
Cumberland County in Misc. Book 289, Page 929 and in the Declaration Plans as recorded in the
Office of the Recorder of Deeds for Cumberland County in Plan Book 44, Page 62. Said unit also
known and numbered as 1003-10 Nanroc Drive.
TOGETHER, with all right, title and interest, in and to the Common Elements as more fully set
forth in the aforesaid Declaration of Condominium and Declaration, as amended.
BEING the same premises which Randall Patrick Flood, a single man, by his Deed dated
December 21', 1995 and recorded in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania, in Book 133, Page 47 granted and conveyed unto Richard E. Risser and
Ethel A. Risser, husband and wife. The said Ethel A. Risser died January 3, 1998 thereby vesting
title in the said Richard E. Risser, the above named decedent.
PROPERTY ADDRESS: 1003 NANROC DRIVE A/K/A, 1003-10 NANROC DRIVE,
MECHANICSBURG, PA 17055-4480
PARCEL # 42-24-0792-042A-U 100310
File #: 262702
VERIFICATION
Any Marie ()Wen%ereby states that he/she is Authoriwd Offi=f 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.
9/ "
n Name: Ann-Marie Ow-
DATE:
/ Title: Authorized Offl=
GMAC MORTGAGE, LLC
File#: 262702
Name: MENTZER
File # 262702
GMAC MORTGAGE LLC, S/I/I TO GMAC MORTGAGE
CORPORATION
Plaintiff(s)
vs.
ERIC R. MENTZER
Defendant(s)
Civil
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 contactMidPenn 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 repesentative
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.
YA 2,1to-(-
Date
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSTLVANIA
1a- oN17 Civil ern`
Respectfully submitted:
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Signature of Counsel for Plai tT CCx
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Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Please Docket #
Cell:
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:
State: Zip:
Yes El No ? Listing date: Price: $
Realtor Phone:
Yes El No ?
Cell:
Phone Numbers: Home:
Email:
# of people in household:
Mailing Address:
City:
Phone Numbers:
Office:
Email:
# of people in household: How long?
First Mortgage Lender:
Loan Number: _
Second Mortgage Lender:
State: Zip:
Home:
Date you Closed Your Loan:
Type of Loan:
Loan Number:
Total Mortgage Payments Amount: $
Date of Last Payment:
Office:
How long?
State: Zip:
Other:
Other:
Included Taxes & Insurance:
Type of Loan:
File #: 262702
Primary Reason for Default:
Is the loan in Bankruptcy? Yes ? No ?
If yes, provide names, location of court, case number & attorney:
Assets
Home:
Other Real Estate: $
Retirement Funds:
Investments:
Checking:
Savings: $
Other: $
Amount Owed: Value:
Automobile # 1: Model: Year:
Amount owed: _ Value:
Automobile #2: Model: Year:
Amount owed: Value:
Other transportation (automobiles, boats, motorcvcles): Model:
owed: Value
Monthly Income
Name of Employers:
1.
Year: Amount
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
Mortgage Food
2n Mortgage Utilities
Car Payment(s) Condo/Nei h. 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/Tuft. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income & Expenses:
File #: 262702
Have you been working with a Housing Counsding Agency?
Yes[:] No ?
If yes, please provide the following information:
Counseling Agdncy:
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 ? 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:
File #: 262702
I/We, , authorize the above named
to use/refer this information to my lender/servicer for the sob purpose of evaluating my financial situation for
possible mortgage options. I/We understand that I/we 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)
File #: 262702
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Srnith
Chief Deputy
Richard W Stewart
Solicitor
GMAC Mortgage, LLC
vs.
Eric R. Mentzer
S
vrip etub???
OFFICE OF THE SHERIFF
T FILED-OFFICE
NvTr?kla t
2f2MAr 22 AM g: o8
CUMBERLAND COUNTY
PENNSYLVANIA
Case Number
2012-2417
SHERIFF'S RETURN OF SERVICE
05/18/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on May 18, 2012 at 1405
hours, he was unable to serve a true copy of the within Complaint In Mortgage Foreclosure and Notice of
Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Eric R.
Mentzer at 1003 Nanroc Dr. Apartment 10 Upper Allen Twp. Mechanicsburg, PA 17055. After several
attempts the Complaint in Mortgage Foreclosure has expired.
SHERIFF COST: $68.00
May 18, 2012
SO ANSWERS,
1?z a?....___"" .
RON R ANDERSON, SHERIFF
(c) CountySuite Shenff. Teleosoft, Inc.
GMAC MORTGAGE LLC, S/I/I TO GMAC MORTGAGE
CORPORATION
Plaintiff(s)
vs.
ERIC R. MENTZER
Defendant(s)
Civil
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 contactMidPenn 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 repesentative
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.
Respectfully submitted: e a --4
'
ff
Date Signature of Counsel for PI Z
3aR :- ?
??
a .
?
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSTLVANIA
' ag17 L,1vil Pro,
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 circumstuices 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:
State: Zip:
Yes ? No El Listing date: Price: $
Realtor Phone:
Yes E] No ?
State: Zip:
Phone Numbers: Home: Office:
Cell:
Email:
# of people in household:
Mailing Address:
City:
Phone Numbers:
Other:
How long?
Home: Office:
Cell: Other:
Email:
# of people in household: How long?
First Mortgage Lender:
Loan Number:
Second Mortgage Lender:
Loan Number:
Total Mortgage Payments Amount: $
Date of Last Payment:
Type of Loan:
Date you Closed Your Loan:
State: Zip:
Included Taxes & Insurance:
Type of Loan:
File #: 262702
Primary Reason for Default:
Is the loan in Bankruptcy? Yes ? No E]
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: Year:
Amount owed: Value:
Automobile #Z: Model: Year:
Amount owed: Value:
Other trans nation automobiles. boats. motorcvclesl: Model: Year: Amount
owed: Value
Monthly IN=
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
Mortgage Food
2 Mortgage, Utilities
Car Payment(s) Condo/Nei . Fees
Auto Insurance Med. not covered
Auto fuel/repairs Other prop. payment
Install. Loan Payment Cable TV
Child Su rt/Alim. Spending Money
Da /Child Care/Tuit. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income & Expenses:
File #: 262702
Have you been working with a Housing Counseing 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 ? No E]
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:
File #: 262702
I/We, , authorize the above named
to use/refer this information to my lender/servicer for the sob purpose of evaluating my financial situation for
possible mortgage options. I/We 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)
File #: 262702
c ?
PHELAN HALLINAN & SCHMIEG, LLP
Mario J. Hanyon, Esq., Id. No.203993
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
GMAC MORTGAGE LLC, S/UI TO GMAC
MORTGAGE CORPORATION
1100 VIRGNA DRIVE
P.O. BOX 8300
FORT WASHINGTON, PA 19034
Plaintiff
V.
ERIC R. MENTZER
1003 NANROC DRIVE
A/K/A, 1003-10 NANROC DRIVE
MECHANICSBURG, PA 17055-4480
Defendant
262702
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM n
NO. /02 - ??f 17 CJ1Vil
CUMBERLAND COUNTY
CIVIL ACTION - L &M
COMPLAINT IN MORTGAGE FORECLOSURE
c3 1
0jow tiod` IG
D
File #: 262702
Tjm' QU "` R C
In Tasj;;4;iu,?114,1 o tuft *0 PW hind
?ot?
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 lagainst 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 IBE 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 #: 262702
I. Plaintiff is
GMAC MORTGAGE LLC, S/I/I TO
GMAC MORTGAGE CORPORATION
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:
ERIC R. MENTZER
1003 NANROC DRIVE
A/K/A, 1003-10 NANROC DRIVE
MECHANICSBURG, PA 17055-4480
who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 03/29/2000 ERIC R. MENTZER made, executed and delivered a mortgage upon the
premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office
of the Recorder of CUMBERLAND County, in Book 1603, Page 144.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(8); 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 11/0 1 /2010 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 #: 262702
6.
The following amounts are due on the mortgage as of 03/07/2012
Principal Balance $55,741.34
Interest $6,889.91
09/01/2010 to 03/07/2012
Late Charges $788.48
Property Inspections $475.50
Escrow Deficit $1,145.98
TOTAL $65,041.21
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.
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$65,041.21, 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 HALLINAN & SCHMIEG, LLP
By: ZJZ:L"
Mario J. Hanyon, Esquire
Attorney for Plaintiff
File M: 262702
LEGAL DESCRIPTION
ALL THAT CERTAIN unit designated as Unit II-10, Building I, being a condominium unit in
Geneva Place, a condominium, located in Upper Allen Township, Cumberland County,
Pennsylvania, which unit is located on the First Floor, Building I as designated in the Declaration
of Condominium recorded 5 October 1983 in the Office of the Recorder of Deeds for
Cumberland County in Misc. Book 289, Page 929 and in the Declaration Plans as recorded in the
Office of the Recorder of Deeds for Cumberland County in Plan Book 44, Page 62. Said unit also
known and numbered as 1003-10 Nanroc Drive.
TOGETHER, with all right, title and interest, in and to the Common Elements as more fully set
forth in the aforesaid Declaration of Condominium and Declaration, as amended.
BEING the same premises which Randall Patrick Flood, a single man, by his Deed dated
December 21, 1995 and recorded in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania, in Book 133, Page 47 granted and conveyed unto Richard E. Risser and
Ethel A. Risser, husband and wife. The said Ethel A. Risser died January 3, 1998 thereby vesting
title in the said Richard E. Risser, the above named decedent.
PROPERTY ADDRESS: 1003 NANROC DRIVE A/FJA, 1003-10 NANROC DRIVE,
MECHANICSBURG, PA 17055-4480
PARCEL # 42-24-0792-042A-U 100310
File #: 262702
VERMCATION
A.nn Marie ()We'3.%ereby states that he/she is AuthOIJ7A 01HCWf 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:
File#: 262702
Name: MENTZER
9? "
Name: Ann-Marie Owens
Title: Autborized QfIGer
GMAC MORTGAGE, LLC
File #: 262702
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff - ;' J,t
?yx:rtiir ?( i;'.Mt1gj??,?,1? _?? ? ? ?_ ? t,? 1 ?'•. ? t i ? ; i?'t.,', r
Jody S Smith
Chief Deputy C12 OCT 16 AM 9: Q?
Richard W Stewart
Solicitor 0FF cr (,F , G =kIFr
EW4SYLVAHIA
GMAC Mortgage, LLC
vs. Case Number
.
Eric R. Mentzer 2012-2417
SHERIFF'S RETURN OF SERVICE
10/1012012 02:00 PM - William Cline, Corporal, who being duly sworn according to law, states that on October 10,
2012 at 1400 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of
Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Eric R.
Metzer, by making known unto himself personally, at 16 Buchanan Street, Newville, Cumberland County,
Pennsylvania 17241 its contents and at the same time handing to him personally th id true and correct
copy of the same.
WIL DAM CLINE, DEPUTY
SHERIFF COST: $40.00
October 11, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
(G County$uite Sheriff, Teleosoft, Inc.
AFFIDAVIT OF SERVICE(FNMA)
PLAINTIFF CUMBERLAND COUNTY
GMAC MORTGAGE,LLC
PHS#262702
DEFENDANT SERVICE TEAM/lxh
ERIC R.MENTZER COURT NO.:12-2417
SERVE ERIC R.MENTZER AT: TYPE OF ACTION
16 BUCHANAN STREET XX Notice of Sheriffs Sale
NEWVILLE,PA 17241-1526 SALE DATE: September 4,2013
SERVED
2
Served and made known to ERI MENTZER Defendant on th day of MA4rC 20 L3 atC
6./S�,o'clockp,M.,at Ito zo 1 in the manner described below: r1n Cz M—
X r-
Defendant personally served. rTJ::0 ri
Adult family member with whom Defendant(s)reside(s). lV �*f=
C=) I
Relationship is --i
Adult in charge of Defendant's residence who refused to give name or relationship. =-
Manager/Clerk of place of lodging in which Defendant(s)reside(s). C-) =—
(=> C)C-3
ice or usual place of business.
Agent or person in charge of Defendant's off 5>
an officer of said Defendant's company.
Other:
Description: Age OS 5 Height Weight Race C> Sex Other
lek a competent adult, hereby verify that I personally handed a true and correct copy of the
Notice of S6eriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address
indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S. Sec.4904 relating to
unsworn falsification to authorities.
DATE: /-S NAME:
N
PRINTED NAME: e.Uy f ilm DG{to
TITLE: cerp bervee- -
NOT SERVED
On the--D- day of 20�__,at o'clock M.,I a competent adult hereby
state that e7endant NOT FOUND because:
Vacant Does Not Exist Moved Does Not Reside(Not Vacant)
No Answer on at at
Service Refused
Other:
I understand that this statement is made subject to the penalties of 18 Pa. C.S. See. 4904 relating to unsworn
falsification to authorities.
BY:
PRINTED NAME:
ATTORNEY FOR PLAINTIFF
Phelan Hallinan,LLP
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
(215)563-7000
Phelan Hallinan, LLP jUl -4 @ 5 3
Zachary Jones, Esq., Id. No.310721 ATTOP LAINTIFF
1617 JFK Boulevard, Suite 1400 cUMBER�.f�,P���Cl
One Penn Center Plaza PEtdI�SYL�A11�
Philadelphia, PA 19103
Zacliary.Jones@phelanhallinan.com
215-563-7000
GMAC MORTGAGE, LLC Court of Common Pleas
Plaintiff
Civil Division
V.
CUMBERLAND County
ERIC R. MENTZER
No.: 12-2417
Defendant
PLAINTIFF'S MOTION TO REASSESS DAMAGES
Plaintiff,by its Attorneys,Phelan Hallinan, LLP,moves the Court to direct the
Prothonotary to amend the judgment in this matter, and in support thereof avers the following:
1. Plaintiff commenced this foreclosure action by filing a Complaint on April 19,
2012.
2. Judgment was entered on January 11, 2013 in the amount of$65,041.21. A true
and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked
as Exhibit"A".
3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment
containing a dollar amount must be entered for the amount claimed in the complaint and any item
which can be calculated from the complaint, i.e. bringing the interest current. However, new items
cannot be added at the time of entry of the judgment.
262702
4. A Sheriffs Sale of the mortgaged property at 1003 NANROC DRIVE,A/K/A 1003
NANROC DRIVE UNIT 10,MECHANICSBURG,PA 17055-4480(hereinafter the "Property")
was postponed or stayed for the following reason:
a.) The Defendant,DONNA M. MENTZER and ERIC R. MENTZER, filed a Chapter 07
Bankruptcy at Docket Number 1:12-04559 on August 3, 2012. Plaintiff obtained relief from
the bankruptcy stay by order of court dated September 4, 2012. A true and correct copy of
the Relief Order is attached hereto,made part hereof, and marked as Exhibit "B".
5. The Property is listed for Sheriffs Sale on September 4,2013.
6. Additional sums have been incurred or expended on Defendant's behalf since the
Complaint was filed and Defendant has been given credit for any payments that have been made
since the judgment. The amount of damages should now read as follows:
Principal Balance $55,741.34
Interest Through September 4, 2013 $14,062.29
Late Charges $394.24
Legal fees $1,850.00
Cost of Suit and Title $745.34
Escrow Deficit $4,248.95
TOTAL $77,042.16
7. The judgment formerly entered is insufficient to satisfy the amounts due on the
Mortgage.
8. Under the terms of the Mortgage and Pennsylvania law,Plaintiff is entitled to
inclusion of the figures set forth above in the amount of judgment against the Defendant.
9. Plaintiff's foreclosure judgment is in rem only and does not include personal
liability, as addressed in Plaintiffs attached brief.
10. In accordance with Cumberland County Local Rule 208.3(9),Plaintiff sent a copy of
its proposed Motion to Reassess Damages and Order to the Defendant on July 15, 2013and
262702
requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant.
A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9)and certification of
mailing are attached hereto, made part hereof, and marked as Exhibit "C".
11. . No judge has previously entered a ruling in this case.
WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
Phelan Hallinan,LLP
DATE: 7� By:
Z ary V
TTO
262702
Phelan Hallinan, LLP
Zachary Jones, Esq., Id. No.310721 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
Zachary.Jones@plielanhallinan.com
215-563-7000
GMAC MORTGAGE, LLC Court of Common Pleas
Plaintiff
Civil Division
V.
CUMBERLAND County
ERIC R. MENTZER
No.: 12-2417
Defendant
MEMORANDUM OF LAW IN SUPPORT OF
PLAINTIFF'S MOTION TO REASSESS DAMAGES
I. BACKGROUND OF CASE
ERIC R. MENTZER executed a Promissory Note agreeing to pay principal, interest, late
charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as
these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at
1003 NANROC DRIVE, A/K/A 1003 NANROC DRIVE UNIT 10, MECHANICSBURG, PA
17055-4480. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may
advance any necessary sums, including taxes, insurance, and other items, in order to protect the
security of the Mortgage.
In the instant case,Defendant defaulted under the Mortgage by failing to tender numerous,
promised monthly mortgage payments. Accordingly,after it was clear that the default would not be
cured,Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently
entered by the Court, and the Property is currently scheduled for Sheriffs Sale.
262702
Because of the excessive period of time between the initiation of the mortgage foreclosure
action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are
outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums,
costs of collection,and other expenses which Plaintiff has been obligated to pay under the Mortgage
in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments
tendered through bankruptcy, if any.
H. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT
It is settled law in Pennsylvania that the Court may exercise its equitable powers to control
the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E.,
Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase
Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22,24 (Pa.Super. 1988). The
Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its
judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489
(Pa.Super. 2003). Morgan Guaranty Trust Co.of N.Y.v.Mowl, 705 A.2d 923 (Pa. Super. 1998).
Union National Bank of Pittsburgh v. Ciongoli,407 Pa.Super. 171, 595 A.2d 179(1991).
The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat. Bank 445
Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact,
can be expected to change from day to day because the bank must advance sums in order to protect
its collateral. Because a Mortgage lien is not extinguished until the debt is paid,Plaintiff must
protect its collateral up until the date of sale. Beckman v.Altoona Trust Co.,332 Pa. 545,2 A.2d
826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the
judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality
262702
Company v. Bums, 414 Pa. 495,200 A.2d 335 (1971). Plaintiff submits that if it goes to sale
without the requested amended judgment,and if there is competitive bidding for the Property,
Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to
protect its interests. Conversely, amending the in rem judgment will not be detrimental to
Defendant as it imputes no personal liability.
In B.C.Y. v, Bukovicb,the Pennsylvania Superior Court reiterated its long standing rule that
a Court has the inherent power to correct ajudgment to conform to the facts of a case. 257 Pa.
Super. 157,390 A.2d 276(1978). In the within case,the amount of the original judgment does not
adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender
payments during the foreclosure proceeding and the advances made by the mortgage company. The
Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal
and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is
also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance
premiums, fire insurance premiums,taxes and other assessments relating to the Property. The
mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur
significant unjust financial losses on this loan.
1H. THE FORECLOSURE JUDGMENT IS IN REM ONLY
The within case is a mortgage foreclosure action,the sole purpose of which is to take the
mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage
foreclosure is strictly in rem and does not include any personal liability. Newtown Village
Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer
262702
Discount Company v. Babuscia,257 Pa. Super 101, 109, 390 A.2d 266, 270(1978). Pennsylvania
Rule of Civil Procedure 1141(a).
. However,Pennsylvania law requires that the foreclosure action demand judgment for the
amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for
bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the
mortgaged property at the Sheriffs Sale and become the successful purchaser,Plaintiff would
receive the amount of the in rem judgment from the Sheriff.
IV. INTEREST
The Mortgage clearly requires that the Defendant shall promptly pay when due the principal
and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be
charged until the debt is paid in full or otherwise satisfied. Specifically,interest from 30 days prior
to the date of default through the date of the impending Sheriff's sale has been requested.
V. TAXES AND-INSURANCE
If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure
proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale,
Plaintiffs interest very well may be divested,and Plaintiff would sustain a complete loss on the
outstanding balance due on the loan. If the Property were damaged in a fire,Plaintiff would not be
able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums.
Most importantly,the Mortgage specifically provides that the mortgagee may advance the
monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is
simply seeking to have the Court enforce the terms of the Mortgage.
262702
VI. ATTORNEY'S FEES
The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done
throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91
letters, loan documents, account records, title reports and supporting documents, preparing and
reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1
Notice, Department.of Defense search, entry of judgment, the writ of execution process, lien
holder notices, and all of the other legal work that goes into handling the mortgage foreclosure
lawsuit.
The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The
amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the
loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded
that a request of five percent of the outstanding principal balance is reasonable and enforceable as
an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865);First Federal Savings and Loan
Association v. Street Road Shopping g enter, 68 D&C 2d 751, 755 (1974).
In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an attorney's fee
of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super.
1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included
in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton
Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff s legal fees are not a percentage but are
significantly less than what is permitted by Pennsylvania law.
262702
VII. COST OF SUIT AND TITLE
Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in
the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff
paid to date as a result of the mortgage default.
The title report is necessary to determine the record owners of the property, as Pa.R.C.P.
1144 requires all record owners to be named as Defendants in the foreclosure action. It is also
necessary to determine whether there are any prior liens to be cleared, so that the Sheriff s sale
purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens
on the property, whether the Defendants are divorced (which could affect service of the
complaint), and numerous other legal issues. The title bringdown is necessary to identify any
new liens on the property or new owners between the time of filing and complaint and the writ
date.
The Freedom of Information Act inquiries and the investigation into Defendants'
whereabouts are necessary to effectively attempt personal service of the complaint and notice of
sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1
and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriffs sale date, as
their interests will be divested by the Sheriffs sale.
Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were
necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred.
The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its
foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from
the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of
suit and title in their entirety, which will not cause harm to the Defendants.
262702
VIII. PROPERTY INSPECTIONS AND PRESERVATION
The terms of the mortgage provide for property inspections and property preservation
charges. The lender or its agent may make reasonable inspections of the property pursuant to the
terms of the mortgage. When a borrower defaults under the terms of the mortgage,the lender
may do, or pay for,whatever is reasonable to protect its interest in the collateral, including
property maintenance. Any amounts disbursed by the lender for property inspections and
preservation become additional debt of the borrower secured by the mortgage. The lender may
charge the borrower for services performed in connection with the default, for the purpose of
protecting the lender's interest,in the property, including property inspections and valuation
costs.
When a loan is in default,the lender's risk increases. Mortgage companies typically have
a vendor visit the premises to determine if any windows need to be boarded up, if the property is
vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any
problems at the mortgaged premises,then the mortgage company may proceed to take whatever
steps are necessary to secure the collateral, such as boarding windows, winterizing,removing
hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks,
which are referred to in the industry as"property preservation". These services avoid code
violations and avoid the property becoming an eyesore in the neighborhood. Property
preservation helps maintain property values in the neighborhood.
Accordingly, line items included in Motions to Reassess Damages for property
inspections and property preservation represent amounts which the mortgage company has paid
out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract.
262702
Since the terms of the mortgage provide that such expenses by the mortgage company become
part of the borrower's debt secured by the mortgage, those expenses are properly included in the
Plaintiffs Motion to Reassess Damages.
IX. CONCLUSION
Therefore,Plaintiff respectfully submits that if the enforcement of its rights is delayed by
legal proceedings, and such delays require the mortgagee to expend additional sums provided for by
the Mortgage,then the expenses necessarily become part of the mortgagee's lien and should be
included in the judgment.
Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess
Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance
with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would
recover the monies it expended to protect its collateral.
WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
Phelan Hallin L
i
DATE: By:
Zac y J s s ire
/03 meyfor 1 • tiff
262702
Exhibit "A"
262702
. ,. .: rr.�@,«. ;�;. q ,;aw :�:. •.ip.:;:r: Vii:;;
PHELAN HALLINAN,LLP Attorney for Plaintiff
Jonathan Lobb,Esq.,Id.No.312174
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza ,,, 3 o C
Philadelphia,PA 19103 ,,,r ° "
215-563-7000
JP a r
GMAC MORTGAGE LLC,S/I/I TO CUMBERLAND COUNTY d
GMAC MORTGAGE CORPORATION
s
VS. j.z c, � )
CIVIL DIVISION –4 o V
ERIC R.MENTZER <
No. 12-2417
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 ERIC R MEN;
Defendant for failure to file an Answer to Plaintiffs Complaint V0,11140!lain"tiffs'damages 20 ifais from service
thereof and for foreclosure and sale of the mortgaged premises, as
follows:
As set forth in,Complaint $65,041,21
TOTAL $65,041.21
I hereby certify that(1)the Defendant's last Imown addresses are 1003 NANROC DRIVE
A/K/A, 1003-10 NANROC DRIVE,MECHANICSBURG,PA 17055-4480 and 16
BUCHANAN STREET,NEWVILLE, PA 17241-1526,and(2)that notice has been given in
accordance with Rule Pa.R.C.P 237.1.
Date Q—�-
athan Lobb,Esq.,Id.No.312174
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
DATE:
PROTHONOTARY
2627.02
Exhibit "B"
262702
q
IN THE UNITED STATES BANKRUPTCY'COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
IN RE: ,
ERIC R.MENTZER BK.No.1:12-bk-04559 MDF
DONNA M.MENTZER
Debtors Chapter No.07
GMAC MORTGAGE,LLC
Movant
V.
ERIC R.MENTZER 11 U.S.C.§362
DONNA M.MENTZER
and
LAWRENCE G.FRANK,ESQUIRE(TRUSTEE)
Respondents
ORDER GRANTING RELIEF FROM§362 AUTOMATIC STAY WITH RESPECT TO 1003
NANROC DRIVE A/K/A, 1003-10 NANROC DRIVE,MECHANICSBURG,PA 17055-4480.
Upon consideration of Motion of GMAC MORTGAGE;LLC(Movant),it is:
ORDERED that Relief from the Automatic stay of all proceedings,as provided under 11 U.S.C.§362
is granted with respect to, 1003 NANROC DRIVE A/K/A, 1003-1.0 NANROC DRIVE,MECHANICSBURG,
PA 1.70554480(hereinafter the Premises) (as more fully set .forth in the legal description attached to the
Mortgage of record granted against the Premises), as to allow Movant to proceed with its rights under the terms
of said Mortgage; and it is further;
ORDERED that Movant shall be permitted to communicate with the Debtors and Debtors'counsel to
the extent necessary to comply with applicable nonbankruptcy law;and it is further;
ORDERED that Rule 4001(a)(3) is not applicable and GMAC MORTGAGE, LLC may
immediately enforce and implement this Order granting Relief from the Automatic Stay.
:;Bye the.�ourt,.
chlef:l3a ikrilptq'Jt�ge.
Dated: September 4, 2012
Case 1:12-bk-04559-MDF Doc 11 Filed 09/04/12 Entered 09/04/1211:46:01 Desc
Main Document Page 1 of 1
Exhibit "C"
262702
1
PHELAN HALLINAN, LLP
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103
(215) 563-7000
FAX#: (215) 563-3459
Phelan Hallinan, LLP Representing Lenders in
Pennsylvania
F
July 11, 2013
ERIC R. MENTZER
1003 NANROC DRIVE
A/K/A 1003 NANROC DRIVE UNIT 10
MECHANICSBURG,PA 17055-4480
RE: GMAC MORTGAGE, LLC v.ERIC R. MENTZER
Premises Address: 1003 NANROC DRIVEA/K/A 1003 NANROC DRIVE UNIT 10
MECHANICSBURG,PA 17055
CUMBERLAND County CCP,No. 12-2417
Dear Defendant,
Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages
and Order. In accordance with Cumberland County Local Rule 208.3(9),I am seeking your
concurrence with the requested relief that is,increasing the amount of the judgment. Please
respond to me within 5 days,by 7/18/2013.
Should you have further questions or concerns,please do not hesitate to contact me.
Otherwise,please be guided accordingly.
Very t ly `
Za '.. y:_ .Esq., Id.No.310721
11 oM Plaintiff
lnclos e
262702
a
me and Phelan Hallinan,LLP
cress 1617 JFK Boulevard,Suite 1400 o �?
Sender One Penn Center Plaza N
Philadelphia,PA 19103 KVM
e, Article Number Name of Addressee,Street,and Post Office Address Postage
•*** ERIC R.MENTZER
1003 NANROC DRIVE 4*o
A/K/A 1003 NANROC DRIVE UNIT 10 •
0
MECHANICSBURG PA 170554480_
"•** ERIC R MENTZER $0.46 w g
16 BUCHANAN STREETsS
NEWVILLE,PA 17241-1526
RE:ERIC R.MENTZER CUMBERLAND PH#262702/1200 Page J of 1 S0.92
Ni®ber of
Total Numba of Piar Poatmasta,Per(Nano of The full deslambm of value is iegidred on ell doaetic and mtc mnrimil rogstaed mail.The ma '
n I.Wod by Senda Remiv d d Post Offim Raeivieg Pagdoym) far the rowntmwim of n—egabWe dximeets unda Eapr Mal document mconvuetim in _
piwe wbjW to a limit of 5500,000 pa ocamenoe.The matmoom indemeity payable m P.epmn
The masmaum indemnity payable is 525.000 for rogstaed mail,rent with optiaml iasanroe.Sea .\
8900 S913 wd S921 for iimitatiam of
rm 3877 Facsimile
b
262702
Phelan Hallinan, LLP
Zachary Jones,Esq., Id. No.31072.1 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Zachary.Jones@phelanhallinan.com
215-563-7000
GMAC MORTGAGE, LL-C Court of Common Pleas
Plaintiff
Civil Division
v.
CUMBERLAND County
ERIC R. MENTZER
No.: 12-2417
Defendant
CERTIFICATION OF SERVICE
I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages,
and Brief in Support thereof, were sent to the following individual on the date indicated below.
ERIC R. MENTZER ERIC R. MENTZER
1003 NANROC DRIVE 16 BUCHANAN STREET
A/K/A 1003 NANROC DRIVE UNIT 10 NEWVILLE,PA 17241-1526
MECHANICSBURG, PA 17055-4480
Phelan Hallin , L P
i
DATE:_ By:
V Zac Jones squire
ORNE OR PLAINTIFF
262702
GMAC MORTGAGE, LLC
Plaintiff
V. IN THE COURT OF COMMON PLEAS
OF THE NINTH JUDICIAL DISTRICT
ERIC R. MENTZER,
Defendants 2012-02417 CIVIL TERM
IN RE: PLAINTIFF'S MOTION TO REASSESS DAMAGES
ORDER OF COURT
AND NOW thisveday of July 2013, upon consideration of the Plaintiff's
Motion to Reassess Damages, a RULE is issued upon Defendant to show cause why
the relief requested should not be granted.. PLAINTIFF shall serve this Rule upon
Defendant in accordance with the Pennsylvania Rules of Civil Procedure.
RULE RETURNABLE twenty (20) days from the date of service by PLAINTIFF.
BY THE COURT,
Thomas A. lacey C.P.J.
Distribution List:
Zzachary Joones, Esq.
Eric=R. Went'
Aj
u� C-3 CGS O
✓ Q Z�r ^
dJ C: —3 L=
i LU X
LLJ
cry .mom
Phelan Hallinan, LLP OF THE PROTHONOTAR`F
Jonathan M. Etkowicz, Esq., Id. No.2087.8620�� AUG _7 Tff-Q1-NEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Perm Center Plaza CUMBERLAND COUNTY
Philadelphia, PA 19103 PENNSYLVANIA
jonathan.etkowicz@phelanhallinan..com
215-563-7000
GMAC MORTGAGE, LLC Court of Common Pleas
Plaintiff
Civil Division
vs.
CUMBERLAND County
ERIC R. MENTZER
No.: 12-2417
Defendant
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the Court's July 30, 2013 Rule directing
the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be
granted.was served upon the following individual on the date indicated below.
ERIC R. MENTZER ERIC R. MENTZER
1003 NANROC DRIVE 16 BUCHANAN STREET
A/K/A 1003 NANROC DRIVE UNIT 10 NEWVILLE,PA 17241-1526
MECHANICSBURG,PA 17055-4480
Phelan H , LLP
DATE: 3 By:
Jon M.Etkowicz,Esq.,Id.No.208786
Attorney for Plaintiff
- . - 756535
r"ILED-01-rFICE
PHELAN HALLINAN,LLP ��, a torney for Plaintiff
Adam H.Davis,Esq.-, Id.No.203034 201G
1617 JFK Boulevard,Suite 1400 CUMBERLAND COUNTY
One Penn Center Plaza PENNSYLVANIA
Philadelphia,PA 191.03
Adam.Davis @PhelanHallinan.COm
215-563-7000
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,PENNSYLVANIA
GMAC MORTGAGE,LLC CUMBERLAND COUNTY
Plaintiff,
COURT OF COMMON PLEAS
V.
CIVIL DIVISION
ERIC R.MENTZER
Defendant(s) No.: 12-2417
AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2
COMMONWEALTH OF PENNSYLVANIA )
PHILADELPHIA COUNTY ) SS:
As required by Pa. R.C.P. 3129.2(a)Notice of Sale has been given to Lienholders
and any known interested party in the manner required by Pa. R.C.P. 3129.2(c)on each of
the persons or parties named,at that address,set forth on the Affidavit and as amended if
applicable.A copy of the Certificate of Mailing(Form 3817)and/or Certified Mail Return
Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A".
D
n Adam H.Davis,Esq.,Id. o.203034
Date: Attorney for Plaintiff
���""" (j�
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not
be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale
must be postponed or stayed in the event that a representative of the plaintiff is not present
at the sale.
PH#756535
GMAC MORTGAGE,LLC COURT OF COMMON PLEAS
Plaintiff
CIVIL DIVISION
V.
NO.: 12-2417
ERIC R.MENTZER
Defendant(s) ,
CUMBERLAND COUNTY
AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1
GMAC MORTGAGE,LLC,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for
the Writ of Execution was filed,the following information concerning the real property located at 1003 NANROC DRIVE,A/K/A 1003
NANROC DRIVE UNIT 10,MECHANICSBURG,PA 17055-4480.
1. Name and address of Owner(s)or reputed Owner(s):
Name Address(if address cannot be reasonably ascertained,
please so indicate)
ERIC R.MENTZER 1003 NANROC DRIVE,A/K/A 1003 NANROC
DRIVE UNIT 10,MECHANICSBURG,PA 17055-
4480
2. Name and address of Defendant(s)in the judgment:
Name Address(if address cannot be reasonably
ascertained,please so indicate)
ERIC R.MENTZER 16 BUCHANAN STREET
NEWVILLE,PA 17241-1526
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold:
Name Address(if address cannot be
reasonably ascertained,please indicate)
GENEVA PLACE CONDO ASSOCIATION 3425 MARKET STREET
C/O RON FREEDMAN CAMP HILL,PA 17011-4428
4. Name and address of last recorded holder of every mortgage of record:
Name Address(if address cannot be
reasonably ascertained,please indicate)
CITIGROUP GLOBAL MARKETS REALTY 4600 REGENT BOULEVARD
SUITE 200
IRVING,TX 75063
CITIGROUP GLOBAL MARKETS REALTY 4600 REGENT BOULEVARD
C/O AMERICAN HOME MORTGAGE SUITE 200
SERVICING,INC.ATTN:VALENCIA COOK IRVING,TX 75063
CITIGROUP GLOBAL MARKETS REALTY LOSS MITIGATION TITLE SERVICES-LMTS
C/O EQUITY LOAN SERVICES,INC.ATTN: 1100 SUPERIOR AVENUE SUITE 200
NATIONAL RECORDINGS 1120 CLEVELAND,OH 44114
CITIGROUP GLOBAL MARKETS REALTY LOSS MITIGATION TITLE SERVICES-LMTS
C/O FIRST AMERICAN TITLE PO BOX 27670
SANTA ANA,CA 92799
PH#756535 ,
CITIGROUP GLOBAL MARKETS REALTY 2 CORPORATE DRIVE
C/O QUANTUM SERVICING ATTN:JOE SUITE 350
CAVETTA SHELTON,CT 06484
CITIGROUP GLOBAL MARKETS REALTY 215 FORREST STREET ,
C/O REGIONS MORTGAGE ATTN:LAINE HATTIESBURG,MS 39401
SPIVEY
5. Name and address of every other person who has any record lien on the property:
Name Address(if address cannot be
reasonably ascertained,please indicate)
UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE
MECHANICSBURG,PA 17055-5604
6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the
sale.
Name Address(if address cannot be
reasonably ascertained,please indicate)
GENEVA PLACE CONDOMINIUM 1003 NANROC DRIVE
ASSOCIATION ATTN:STEPHEN R. MECHANICSBURG,PA 17055
BOROWITZ,PRESIDENT
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may
be affected by the sale:
Name Address(if address cannot be
reasonably ascertained,please indicate)
TENANT/OCCUPANT 1003 NANROC DRIVE
A/K/A 1003 NANROC DRIVE UNIT 10
MECHANICSBURG,PA 17055-4480
COMMONWEALTH OF PENNSYLVANIA, 6TH FLOOR,STRAWBERRY SQ.,DEPT 280601
BUREAU OF INDIVIDUAL TAX, HARRISBURG,PA 17128
INHERITANCE TAX DIVISION
DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486
CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING
PROGRAM HARRISBURG,PA 17105
DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET
CUMBERLAND COUNTY CARLISLE,PA 17013
COMMONWEALTH OF PENNSYLVANIA P:O.BOX 2675
DEPARTMENT OF WELFARE HARRISBURG,PA 17105
INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704
PITTSBURGH,PA 15222
U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220
U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754
DISTRICT OF PA HARRISBURG,PA 17108-1754
FEDERAL BUILDING
PH#756535
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the penalties
of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities.
Date: r! O
Phelan Hallinan,LLP
Adam H.Davis,Esq.,Id.No.203034
Attorney for Plaintiff
PHELAN HALLINAN,LLP
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza,Philadelphia,PA 19103
215-563-7000
PH#756535
w '
Name and Phebm Hellinan,LLP °
Address 1617 IFK Boulevard,Suite 1400 . n
Of Sender no One Penn Center Plaza
Philadel PA 14103 AZKJJSG-09/0412013 SALE
Line Article Number base of Addresser,Street,and Post Office Address Postage ^ C
GENEVA PLACE CONDO ASSOCIATION CIO RON FREEDMAN $0.46
m
3425 MARKET STREET (,�l o
CAMP HILL PA 17011-d42E 1&*9:,"
2 xst. U"ER ALLEN TOWNSHIP 50.46 vi o
for GETTYSBURG PIKE
MECHANICSBURG PA 17055-5604 ' a
RE:ERIC R.MENTZER CUMBERLAND PH t1756535flo2G Page 1 of 1 45 Day so.91 ,
Tads Nuo*"of Taal);wrAwofpkm pocmtster.PCr(Namt of Tl+e faU daNnsbnafvatue it tcyokrd on ail doaxatic and 6aermdonat xg6ttrcd unit 7
Pk=tAsW EY Stader lw*r d$4 Pow o fft Retchim Eftvk)al far the m moauctim of row4pxkbk docmmtd uMa Fa mn Mail doemrcN mcorWm ?.
pket sol*ct to a Iivit of sim.40 Ftr Deane Tht aavim m in&nwly payshk on i
The msziman indcmnitq palabit h SYS.00O(or trpsurcd rwR,sirs with opttoml ircutan�,�'��r�
Rw 5413 and ml for Gmitatbm of ,l
Form 3877 Facsimile
PH#756535
me and Pl)clan Haliinan,LLP
dres9 Of i 15771FK Boulevard,Suite 1400
id
cr One Pean Center Plaza
Philadelphia,PA 19103 AZKAMIC-0910412013'SALE g 00 5,
it Adticle Number Name of Addressee,Street and Post Office Address Pests c . r
*' TENANT/OCCUPANT
1003 NANROC DRIVE 54.44
AIK/A 1003 NANROC DRIVE UNIT 10
MECHANICSBURC PA 17055.400
.."' ICITIGROUP GLOBAL MARKETS REALTY. gp g4'
dbOb RECENT BOULEVARD ; Qy
SSUITE200 t� a.i evno
IIRVING TX 75463 Ok :
" • iCITIGROUP GLOBAL'MARKETS REALTY C/O AMERICAN ROME MORTGAGE SERV.ICINGa INC.,A ITN: $4.44 i
iVALENCIA COOK ,
'4600 REGENT BOULEVARD --
UITE 200 '
IRVING TX 75063
CITIGROUP GLOBAL MARKETS REALTY C/O EQUITY LOAN SERVICES,INC.AM, :NATIONAL $0.44
RECORDINGS 1120
LOSS MITIGATION TITLE:SERVI'C-£S-L'MTS
1100.SUPERIOR AVENUE SUITE 200
i CLEVELAND OH 44114
CITIGROUP GLOBAL MARKETS REALTY C/O FIRST AMERICAN TITLE $0.44
LOSS MITIGATION TITTLE SERVICES-LMTS
1'0 BOX 27670
SANTA ANA,CA 92799
CITIGROUP GLOBAL MA_RKETS_ REALTY:C10QUANTUhI•SERVICING:ATTN:JOE-CAV£TTA S4,44- . .. .,
21CORPORATE DRIVE
SUITE 354
SkELTON CT 4604
CITIGROUP GLOBAL MARKETS REALTY C/O REGIONS MORTGAGE ATTN-.LAINE SPIVEY $0.44,
215 FORREST STREET'
31ATTIESBURG MS 39407 «»
COt4iMONWEALTH OF PENNSYLVANIA,BUREAU OF INDIVIDUAL TAX,INHERITANCE'TAX DIVISION $0.44
6711 FLOOR,STRAWBERRY SQ.,DEPT 280601
HARRISBURG,PA 1712$ x.x..
RE:ERIC R.MENTZES.gUMBERL"ANI7 PITS if 252742/102.1 Pagel of 2 '%kltit Team
A,m6er of T'aRit hgmtn of Pietas - Pgmeusu.Pcs t of .. - 1}'e!�)4etlMnSddOtstiWc is ttQ�nrcd Mi dl domzAk and tdta„atia,u)rz5tstrnd m+iS,,iT,t maxnnen tnaemnis}psy4dt ftta,5
')asreabrsman "r da POatNrm Reai,iNS D�) 1 sceartscvetien otmm�egodabk doetimmts smderf:r i.$Tdaa danm,een,reeansvocdo»iduas;nse tY$40,000 PesP ms
tim3 of$Sd1000 t vat s e m.7Tx mavmma�tryaCk an£ape,s Ma l mM%odisc 4$500,The mnfnaen lndn m y
.. _ .. pryiNe is 533,000 tos ttpsgaed mail,urd rd0+opi,au3 inttrrmcc.5m nomsaGe Man Mtnm)R40054I)ad 543)!rn iimiufiei set.
m
n 3877 Facsimile
f
"7aYnc and~ Phclan Hallinan,LLP
i,ddress Of a 16171FK Boulevard,Suite 1440
tender ' One Penn Center Plana
c .»
Philadcl Wa,PA 19103 AZK/MIC-08/04/2013 SALE
.inc Article Number Name of Addrtssee,Street,and Post Office Address Postage
DEPARTMENT OF PUBLIC WELFARE,TPL CASUALTY UNIT,ESTATE RECOVERY PROGRAM $0.44
P.O.BOX 8486
WILLOW OAK BUILDING
HARRISBURG,PA 11105
2 •"•• GENEVA PLACE CONDOMINIUM ASSOCIATION ATTN:STEPHEN R.HOROWITZ,PRESIDENT S4.44 t o
1003 NANROC DRIVE o, m
MECHANICSBURG .PA 17055 to '�"^"�
3 *"' DOMESTIC RELATIONS Of SO.44
CUMBERLAND COUNTY
13 NORTH HANOVER STREET
CARLISLE,PA 17013
4 •*:» COMMONWEALTH OF PENNSYLVANIA SOA4
DEPARTMENT OF WELFARE
P.O.BOX 2675
HARRISBURG PA 17105
5 •�•" INTERNAL REVENUE SERVICE ADVISORY $0.44
1000 LIBERTY AVENUE ROOM 704
PITTSBURGH PA 15222
6 •""• U.S.DEPARTMENT OF JUSTICE $0.44
US ATTORNEY FOR THE MIDDLE DISTRICT OF PA
FEDERAL BUILDING
228 WALNUT STREET,SUITE 220
PO SOY 11754
HARRISBURG PA 17108.1754
RE:ERIC It MENTZER CUMBERLAND PHS# 62 0211D2!!!,+...w...P 2-of3 writ
ooa i+'.x ba of - Tow IN .ert�r<n rwme.ar.F<r{x rn<af mrnnaMmw:�,a„t,�ane�an..asomw.�e.,a +ae.�nt;.,hxa�.a.rn�Y;�,�Ansa�.ret<ra aK
k<es Urud by 5ada RGat+tdn Pnx ot&< x<m;.S,s�E.eapk+,ccl :cca+m�x+kn er,w t46ftk demo an.an:,grc„also doa moftar,mutt;« is sm.” ok" W. .
i'mrit of ssodpoo pn«<wrs.a 11ve m.tlmroo,3rd<nmiSr payable on Fspcv M+i1 me'ebxdiu fr smo,Th maae.ru.indev�ni[y
py"is MAW for c4mned ws,1,sem wtrh Mmes&Mxtl Mmul RWOS9f t and SM fw th itaiiaas of
cam
corm 3877 Facsimile
t
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F
,
1
Phelan Hallinan, LLP F1L8-0FRCE
OF T HIE PROTHONR
Jonathan M. Etkowicz, Esq., Id. No.208786 ATTO FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400 2013 AUG 29 4116: 35
One Penn Center Plaza CUMBERLAND COElh 'Y
Philadelphia, PA 19103 PENNSYLVANIA j onathan.etkowicz @phelanhallinan.com
215-563-7000
GMAC MORTGAGE, LLC Court of Common Pleas
Plaintiff
Civil Division
vs.
CUMBERLAND County
ERIC R. MENTZER :
No.: 12-2417
Defendant
MOTION TO MAKE RULE ABSOLUTE
GMAC MORTGAGE, LLC, by and through its attorney, hereby petitions this Honorable
Court to make Rule to Show Cause absolute in the above-captioned action, and in support
thereof avers as follows:
1. A Motion to Reassess Damages was filed with the Court on July 23, 2013.
2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy
of its proposed Motion to Reassess Damages and Order to the Defendant on July 12, 2013 and
requested the Defendant's Concurrence. Plaintiff did not receive any response from the
Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and
certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A.
3. A Rule was issued by the Honorable Thomas A. Placey on or about July 30, 2013
directing the Defendant to show cause by August 26, 2013 why the Motion to Reassess Damages
should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof,
and marked Exhibit B.
4. The Rule to Show Cause was timely served upon all parties on August 6, 2013 in
accordance with the applicable rules of civil procedure. A true and correct copy of the
Certificate of Service is attached hereto, made part hereof, and marked Exhibit C.
756535
5. Defendant failed to respond or otherwise plead by the Rule Returnable date of
August 26, 2013.
WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show
Cause absolute and grant Plaintiff's Motion to Reassess Damages.
DATE: By: 77�
Jo an A Etkowicz,Esq., Id.No.208786
Attorney for Plaintiff
756535
Exhibit "A"
756535
PHELAN HALUNAN, LLP
161.7 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103
(215) 563-7000
FAX#: (215) 563-3459
Phelan Hallman,LLP Representing Lenders in
Pennsylvania
July 11,2013
ERIC R.MENTZER
1003 NANROC DRIVE
A1K1A 1003 NANROC DRIVE UNIT 10
MECHANICSBURG,PA 17055-4480
RE: GMAC MORTGAGE,LLC v. ERIC R. MENTZER
Premises Address: 1003 NANROC DRIVEAIK/A 1003 NANROC DRIVE UNIT 10
MECHANICSBURG,PA 17055
CUMBERLAND County CCP,No. 12-2417
Dear Defendant,-
Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages
and Order. In accordance with Cumberland County Local Rule 208.3(9),1 am seeking your
concurrence with the requested relief that is,increasing the amount of the judgment. Please
respond to me within 5 days,by 711812013.
Should you have further questions or concerns,please do not hesitate to contact me.
Otherwise,please be guided accordingly.
Very 1y
Zac y . ,-Esq.,Id.No.310721
A. rn Plaintiff
; txclos ,:c
262702
ne and Phelan Hallinan,LLP
loess 1617 JFK Boulevard,Suite 1400 o '1
Sender One Penn Center Plaza iidl
Philadelphia,PA 19103 KVM 16
e Article Number Name of Addressee Street,and Post Offlce Address Postage
•*"" ERIC R.MENTZER
1003 NANROC DRIVE M o
A/IUA 1003 NANROC DRIVE UNIT 10 0
MECHANICSBURG PA 17055-4480 p.€'
8#i# ERIC R.MENTZER $0.46 y
16 BUCHANAN STREET w7Ss
NEWVILLE PA 17241-1526
RE:ERIC R.MENTZER CUMBERLAND PH#262702/1200 Pa ire 1 of 1 50.92
Number of Tonal Number of Pieces Poshower,Per(Name of The full declwion of value is nV&W on all do-36c sod intemstfooal registered mace.The mm
n listed by Sender Received at Pmt Office Rooemng Employe) for the reconstruction of rgmegaiable documents under Evpresa idea document rceonstnaxion in
piece subjed to a limit of UK=per occumeeae.The matmmm mduonity payable on Ecpras
The emademm indemnity payable is$25,000 for re&cmd nmiL um avh optioml insurance.See
8900 5913 sad 5921 for firmWions of coverm.
rm 3877 Facsimile r b
\%.� QS
262702
Exhibit "B"
756535
a
GMAC MORTGAGE, LLC
oripm
Plaintiff :
v.. IN THE COURT OF COMMON PLEAS
OF THE NINTH JUDICIAL DISTRICT
ERIC R. MENTZER,
Defendants 2012-02417 CIVIL TERM
IN RE. PLAINTIFF'S MOTION TO REASSESS DAMAGES
'OLRDIER,OF COURT
AND NOW, this-o'day of.1J1ul jt 29 '3, :i.pot :consideration of the Plaintiff's
Motion to Reassess Damages, a RULE is issued upon Defendant to show cause why
the relief requested should not be granted. PLAINTIFF shall serve this Rule upon
Defendant in accordance with the Pennsylvania Rules of Civil Procedure.
RULE RETURNABLE twenty (20) days from the date of service by PLAINTIFF.
BY THE COURT
Thomas A. Lacey C.P.J:
Distriki�atic ,Lis#
s° A.4 <k
a vary_Joont; sq.
Erie:;M@9tz6-
t tY? j(Q
f .!
COW
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• r.: r
Exhibit "C"
756535
Phelan Hal linan, L LP
Jonathan M. Etkowicz, Esq., Id.No.208786 ATTORNEY FOR PLAX"170"
c r
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza ,
Philadelphia,PA 19103 t
jonathan.etkowicz @phelanhallinan.com3> --'
215-563-7000 r�
P C-)
GMAC MORTGAGE, LLC Court of(:t�
nvnori.:1' ��'� j
Plaintiff
Civil Division
VS.
CUMBERLAND County
ERIC R.MENTZER
No.: 12-2417
Defendant
j
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the Court's July 30,2013 Rule directing
the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be
granted was served upon the following individual on the date indicated below. *„
ERIC R.MENTZER ERIC R. MENTZER
1003 NANROC DRIVE 16 BUCHANAN STREET
A/K/A 1003 NANROC DRIVE UNIT 10 NEWVILLE,PA 17241-1526
MECHANICSBURG,PA 17055-4480
Phelan,14 ;114 ..n,LLP
DATE: 3 By:
L G ron n M. latkowic ;Esq., Id.No.208786
At iey for Plaintiff
756535
Phelan Hallinan, LLP
Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
jonathan.etkowicz@phelanhallinan.com
215-563-7000
GMAC MORTGAGE, LLC Court of Common Pleas
Plaintiff
Civil Division
vs.
CUMBERLAND County
ERIC R. MENTZER
No.: 12-2417
Defendant
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of Plaintiffs Motion to Make Rule Absolute
was served upon the following individual on the date indicated below. .
ERIC R. MENTZER ERIC R. MENTZER
1003 NANROC DRIVE 16 BUCHANAN STREET
A/K/A 1003 NANROC DRIVE UNIT 10 NEWVILLE,PA 17241-1526
MECHANICSBURG,PA 17055-4480
Phel an, L
DATE: By:
J ath . Et owicz,Esq.,Id.No.208786
A orney for Plaintiff
756535
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,PENNSYLVANIA
GMAC MORTGAGE, LLC : Court of Common Pleas
Plaintiff : .•� �'
: Civil Division
cu
VS. : M '
CUMBERLAND COQ
ERIC R. MENTZER -
No.: 12-2417 r
Defendant n� arc
_, t=
RD `
AND NOW this
day of , 2013,upon consideration of Plaintiff's
to,,- y
Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered
upon Defendant shall be and is hereby made absolute and Plaintiff's Motion to Reassess
Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED
to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows:
Principal Balance $55,741.34
Interest Through September 4,2013 $14,062.29
Late Charges $394.24
Legal fees $1,850.00
Cost of Suit and Title $745.34
Escrow Deficit $4,248.95
TOTAL $77,042.16
Plus interest at six percent per annum.
Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above
figure.
BY T COURT:
�} J . - k�w� Thomas A. 'Macey
. Z�. Common Pleas Judge
Q�tr�/3 756535
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
r vttttr of Comfort, lit ! i; r✓r o T '�o o;11:P1131r Jo dy S Smith `
n0
Chief Deputy � l J$
Richard W Stewart
Solicitor FrcE of nn �. r(�
GMAC Mortgage, LLC
Case Number
vs. 2012-2417
Eric R. Mentzer
SHERIFF'S RETURN OF SERVICE
06/24/2013 05:56 PM -Deputy Jason Kinsler, being duly sworn according to law, states service was performed by
posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the
above titled action, upon the property located at 1003 Nanroc Drive a/k/a 1003 Nanroc Drive Unit 10,
Upper Allen -Township, Mechanicsburg, PA 17055, Cumberland County.
06/27/2013 07:30 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Real Estate
Writ, Notice and Description, in the above titled action, by making known its contents and at the same
time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Eric
R. Mentzer at 16 Buchanan Street, Newville Borough, Newville, PA 17241, Cumberland County.
09/04/2013 As directed by Joseph Schalk,Attorney for the Plaintiff, Sheriffs Sale Continued to 10/2/2013
10/02/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had
been given according to law, he exposed the within described premises at public venue or outcry at the
Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberland County, PA on October 2,
2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Joseph Schalk, on behalf of
Federal National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of$
SHERIFF COST: $846.30 SO ANSWERS,
December 10, 2013 RONR ANDERSON, SHERIFF
LV w,06e-
,P3°b4.77
!e;Ceun!ySuitre Sheriff Tel..=,csof.Irc.
•
On May 30, 2013 the Sheriff levied upon the
defendant's interest in the real property situated in
Upper Allen Township, Cumberland County, PA,
Known and numbered as, 1003 Nanroc Drive, a/k/a
1003 Nanroc Drive Unit 10, Mechanicsburg,
as Exhibit "A" filed with this
writ and by this Reference incorporated herein.
co
Date: May 30, 2013
Un
�-, By:
c-a
,}}
Real Estate Coordinator
LXII 30 CUMBERLAND LAW JOURNAL 07/26/13
2012-2417 Civil Term
GMAC MORTGAGE,LLC
vs.
ERIC R. MENTZER
Atty.:Joseph Schalk
By virtue ofa Writ of Execution NO.
12-2417, GMAC MORTGAGE, LLC
s/i/i TO GMAC MORTGAGE COR-
PORATION vs. ERIC R. MENTZER
owner(s) of property situate in the
TOWNSHIP OF UPPER ALLEN, Cum-
berland County, Pennsylvania, being
1003 NANROC DRIVE aikja 1003 NAN-
ROC DRIVE UNIT 10 MECHANICS-
BURG,PA 17055-4480.
Parcel No. 42-24-0792-042A-
UI00310.
JUDGMENT AMOUNT: $65,041-
.21.
76
•
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA :
. ss.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
July 26, August 2 and August 9, 2013
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
,a_ii
„r ---
isa Marie Coyne, Editor
SWORN TO AND SUBSCRIBED before me this
9 day of August, 2013
Alt _A-., -/ • .�.✓,_-
Notary
r- ' NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BOROUGH,CUMBERLAND COUNTY
My Como,ssion E pires Apr 26,2014
The Patriot-News Co.
1900 Patriot Drive e atriotNews
Mechanicsburg, PA.17050
Inquiries - 717-255-8213 Now you know
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE PA 17013
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Michael J. Morrow, being duly sworn according to law, deposes and says:
That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 1900 Patriot Drive, in the Township of
Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday
Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State
aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949,
respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither he nor said
Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as
to the time, place and character of publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317.
2012-2417 CMI Term This ad ran on the date(s)shown below:
GMAC MORTGAGE,LLC
vs. 07/28/13
ERIC R.MENTZER
• Any:.Joseph Schalk 08/04/13
By virtue of a Writ of Execution NO.12-2417 08/11/13
GMAC MORTGAGE, ILC, S/I/I TO
li(J' /Aifo-)1P1.---------
GMAC MORTGAGE CORPORATION
vs:
ERIC R.MENTZER
owner(s) of property situate in the
TOWNSHIP OF UPPER ALLEN, Sworn to .nd subscrib-• b- •re &e t " 23 day of August, 2013 A.D.
Cumberland
County,l'eansylvania,being
I 1
(Municipality)
/
(M
1003 NANROC DRIVE AIKJA 1003 Ark 11 - 46.v - _
NANROCICSBURG 17055-4480 •tary Public '
Parcel No.42-24-0792-042A-U100310
(Acreage or street address)
JUDGMENT AMOUNT:$65,041.21 COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Holly Lynn Warfel,Notary Public
Washington Twp.,Dauphin County
My Commission Expires Dec.12,2016
MEMBER,PFNNSYLVANIA ASSOCIATION OF NOTARIES
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
}SS:
I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the
Sheriff's Deed in which Federal National Mortgage Association is the grantee the same having been
sold to said grantee on the 2nd day of October A.D., 2013, under and by virtue of a writ Execution
issued on the 14th day of March, A.D., 2013, out of the Court of Common Pleas of said County as of
Civil Term, 2012 Number 2417, at the suit of GMAC Mortgage LLC against Eric R. Mentzer is duly
recorded as Instrument Number 201401507.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this a /".49---- day of
/.`_ I_. , A.D. �,ZO
4 � Recorder of Reds
i
Recorder Deeds,Cumberland County,Carli sale,PA
My Commission Expires the First Monday of Jan.2018