HomeMy WebLinkAbout14-6408 Supreme Court of Pennsylvania
Cour?fComihwi,Pleas
For Prothonotary Use Only:
Civill(36vef;Sheet
C1jMR"E
ffiN'D11Yj' County Docket No:
4;
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace thefiling and service ofpleadings or other papers as required by law or rules of court.
Commencement of Action:
S 0 Complaint 0 Writ of Summons 0 Petition
E 0 Transfer from Another Jurisdiction 0 Declaration of Taking
C Lead Plaintiff's Name: BRANCH BANKING&TRUST Lead Defendant's Name: DORIS K. RANCK
T COMPANY
I Are money damages requested? El Yes 9 No Dollar Amount Requested: ❑within arbitration limits
0 (Check one) outside arbitration limits
N Is this a Class Action Suit? El Yes ZX No Is this an MD3 Appeal? El Yes l3X1 No
A Name of Plaintiff/Appellant's Attorney: Michael Dingerdissen,Esq., Id.No.317124,Phelan Hallinan,LL
El Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant)
Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your
PRIMARY CASE.If you are making more than one type of claim,check the one that
you consider most important.
TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS
0 Intentional 0 Buyer Plaintiff Administrative Agencies
0 Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment
0 Motor Vehicle 0 Debt Collection: Other n Board of Elections
11 Nuisance 0 Dept.of Transportation
0 Premises Liability 0 Statutory Appeal:Other
0 Product Liability(does not
S include mass fort) 0 Employment Dispute:
0 Slander/Libel/Defamation Discrimination
E 0 Other: 0 Employment Dispute: Other 0 Zoning Board
C 0 Other:
T
I MASS TORT 0 Other:
0 0 Asbestos
N 0 Tobacco
0 Toxic Tort-DES
•Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
• Toxic Waste 0 Ejectment 0 Common LawStatutory Arbitration
B 0 Other: 0 Eminent Domain/Condemnation 0 Declaratory Judgment
0 Ground Rent 0 Mandamus
0 Landlord/Tenant Dispute 0 Non-Domestic Relations
0 Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABILITY [I Mortgage Foreclosure:Commercial 0 Quo Warranto
•Dental 0 Partition 0 Replevin
•Legal 0 Quiet Title 0 Other:
•Medical 0 Other:
0 Other Professional:
Pa.R.CP. 205.5 Updated 0110112011
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PHELAN HALLINAN,LLP
Michael Dingerdissen,Esq.,Id.No.317124
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103 ATTORNEY FOR PLAINTIFF
Michael.Dingerdissen@phelanhall inan.com
21.5-563-7000
BRANCH BANKING & TRUST COMPANY
301 COLLEGE ST, 6TH FLOOR,P.O. BOX 2027 COURT OF COMMON PLEAS
GREENEVILLE, SC 29601
CIVIL DIVISION
Plaintiff
V< TERM
DORIS K.RANCK
NO. 1��
348 HILLTOP ROAD
NEWBURG,PA 17240-9201 CUMBERLAND COUNTY
ROBERT D.RANCK
348 HILLTOP ROAD
NEWBURG,PA 17240-9201.
NICOLE R.RANCK
348 HILLTOP ROAD
NEWBURG,PA 17240-9201
Defendants
CML ACTION-LAW
COMPLAINT IN MORTGAGE FORECLOSURE
S
File#: 939242
I� �
1 1
1. Plaintiff is
BRANCH BANKING& TRUST COMPANY
301 COLLEGE ST, 6TH FLOOR,P.O. BOX 2027
GREENEVILLE, SC 29601
2. The name(s)and last known address(es)of the Defendant(s)are;
DORIS K. RANCK
348 HILLTOP ROAD
NEWBURG,PA 17240-9201
ROBERT D. RANCK
348 HILLTOP ROAD
NEWBURG,PA 17240-9201
NICOLE R. RANCK
348 HILLTOP ROAD
NEWBURG,PA 17240-9201
who is/are the mortgagor(s)and/or real owner(s)of the property hereinafter described.
3. On 05/02/2007 DORIS K. RANCK, ROBERT D. RANCK, and NICOLE R. RANCK
made, executed and delivered a mortgage upon the premises hereinafter described to
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. AS NOMINEE FOR
BRANCH BANKING AND TRUST COMPANY,which mortgage is recorded in the
Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1991,
Page 1086. By Assignment of Mortgage recorded 11/28/2012 the mortgage was assigned
to PLAINTIFF, which Assignment is recorded in Assignment of Mortgage Instrument
No. 201236754. Said mortgage was modified as set forth in the modification agreement
recorded 06/23/2010,in Mortgage Instrument No.201016612. The mortgage, modification,
and assignment(s), if any, are matters of public record and are incorporated herein by
File#: 939242
f
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 08/01/2013 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.
6. The following amounts are due on the mortgage as of 06/05/2014:
Principal.Balance $115,295.06
Interest $3,876.99
07/01/2013 through 06/05/2014
Late Charges $0.00
Property Inspections $63.60
Escrow Deficit $3,147.22
Subtotal $122,382.87
Restricted Escrow Credit 800.00
TOTAL $121,582.87
7. 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.
8. Notice of Intention to Foreclose as set forth in Act 6 of 1974,Notice of Homeowner's
Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in
Re#: 939242
2008, and/or Notice of Default as required by the mortgage document, as applicable,
have been sent to the Defendant(s)on the date(s) set forth thereon, and the temporary
stay as provided by said notice has terminated because Defendant(s)has/have failed to
meet with the Plaintiff or an authorized consumer credit counseling agency,or has/have
been denied assistance by the Pennsylvania Housing Finance Agency.
WHEREFORE,Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$121,582.87,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,LLP
By,
Michael Dingerdissen, Esq., Id.No.317124
Attorney for Plaintiff
File 4: 939242
f
LEGAL DESCRIPTION
ALL THE FOLLOWING described real estate lying and being situate in Hopewell Township,
Cumberland County,Pennsylvania, bounded and limited as follows:
BEGINNING at a railroad spike in the center line of the public road known as T-361 at corner of
Lot No. 4 on a Plan of Lots hereinafter referred to being lands now or formerly of James J.
Saylor; thence by said Lot No. 4 and through an iron pin set on the dedicated right-of-way line of
said public road, South 22 degrees 12 minutes 52 seconds West 459.37 feet to an iron pin;thence
by the same,North 82 degrees 27 minutes West 131.32 feet to an iron pin at corner of Lot No. 7
on said Plan of Lots;thence by said Lot No. 7 and through an iron pin set on the dedicated right-
of-way line of the aforementioned public road known as T-361, North 5 degrees 00 minutes East
445.70 feet(sic)to a railroad spike in the centerline of said public road; thence by the center of
said public road known as T-361, South 82 degrees 12 minutes 16 seconds East 260.13 feet to a
railroad spike, the place of BEGINNING.
Containing.a total area of two acres, and being Lot No. 5 on Sheet 2 of a Plan of Lots entitled
"Land Subdivision for Leslie V. Lucas"prepared by Carl D. Bert,R.S.,dated December 1975,
and recorded in the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania, in Plan Book 28, Page 36.
THE ABOVE DESCRIBED REAL ESTATE is the same which Corey L. Boyd and Mindy J.
Boyd,husband and wife by deed.dated May 2, 2007 and intended to be recorded immediately
prior to the.recording of this instrument in the Office of the Recorder of Deeds of Franklin
File K: 939242
County, Pennsylvania conveyed unto Robert D. Ranck and Doris K. Ranck,his wife and Nicole
R. Ranck.
PROPERTY ADDRESS: 348 HILLTOP ROAD,NEWBURG,PA 17240-9201
PARCEL#1.1-08-0603-048
m
F ile#: 939242
VERIFICATION
hereby states that he/she is VIU I �e'�iptPrr of BRANCH
BANKING&TRUST COMPANY, 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 penal sof 18 Pa. C.S... era. 4904 relating
to unsworn falsificationtoauthorities.
DATE: f y I J
Name:
Title:
�t�ypc�ntiesar+ara�� V ! '
BRANCH BANKING&TRUST
` COMPANY
�w
File#: 939242
Name: RANCK
Tile#: 939242
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#; 939242
FORM 1
IN THE COURT OF COMMON PLEAS
BRANCH BANKING&TRUST COMPANY OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s)
VS.
DORIS K. RANCK
ROBERT D. RANCK
NICOLE R.RANCK
Defendant(s) 1 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 a lawyer,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)2439400
extension 2510 or(800)822-5288 extension 2510 and request appointment of a legal representative at no charge to you.
Once you have been appointed a legal representative,you must promptly meet with that legal representative within
twenty(20)days of the appointment date. During that meeting,you must protide the legal representative with all
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 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 willhave an
opportunity to meet with a representative of your lender in an attempt to work out 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 requested financial information so bat 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
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 out reasonable
arguments 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 submitt
j l �
Date
�-i rT;
Michael Dingerdissen, Esq., Id.-N6:31712.4
Attorney for Plaintiff
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.i�^ny O^�
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FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas 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 counseling agency. Please provide the following information to
the best of your knowledge:
CUSTOM ER/PRI MARV APPLICANT
Borrower name(s):
Property Address:
City: State: Zip:
Is the property for sale? Yes ❑ No ❑ Listing date: Price: $
Realtor Name: Realtor Phone:
Borrower Occupied? Yes ❑ No ❑
Mailing Address(if different):
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
Mailing Address:
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
FINANCIAL INFORMATION
First Mortgage Lender:
Type of Loan:
Loan Number: Date You Closed Your Loan:
Second Mortgage Lender:
Type of Loan:
Loan Number:
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: Year:
Amount owed: Value:
Automobile#2: Model: Year:
Amount owed: Value:
Other transportation (automobiles boats motorcycles) Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
I• Monthly Gross Monthly Net
2• Monthly Gross Monthly Net
3• Monthly Gross Monthly Net
Additional Income Description(not wages):
I• 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° e Morta Utilities
Car Payment(s) Condo/Neigh. Fees
Auto Insurance Med. not covered
Auto fuel/repairs Other prop. payment
Install. Loan Payment Cable TV
Child Su ort/Alim. Spending Mone
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 ❑ No ❑
If yes, please indicate the status of those negotiations:
Please provide the following information, if known, regarding your lender and lender's loan servicing
company:
Lender's Contact(Name): Phone:
Servicing Company(Name):
Contact: Phone:
AUTHOIJIZATION
I/We, , 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. I/We understand that I/we am/are under no obligation to
use the counseling services provided by the above named
Borrower Signature Date
Co-Borrower Signature Date
Please forward this document along with the following information to lender and lender's
counsel:
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)
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
FIED-c.,FL
: J i
DEC -5 Ail 9: I J
CUMBERLAND
JPESY`yN PENNSYLVANIACOUNTY
OFFICE. MJF TWE ,r,IiE,RIFF
Branch Banking & Trust Company
vs.
Doris Kay Ranck (et al.)
Case Number
2014-6408
SHERIFF'S RETURN OF SERVICE
11/26/2014 06:12 PM - Deputy Christopher Sharpe, being duly sworn according to law, served the requested Notice
of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by
"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Doris
Kay Ranck at 403 Hilltop Road, Hopewell Township, Newburg, PA 17240.
CHRISTOPKER SHARPE, DEPUTY
11/26/2014 06:12 PM - Deputy Christopher Sharpe, being duly sworn according to law, served the requested Notice
of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by
"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Robert
D Ranck at 403 Hilltop Road, Hopewell Township, Newburg, PA 17240.
C RISTO
R SHARPE, DEPUTY
11/26/2014 06:12 PM - Deputy Christopher Sharpe, being duly sworn according to law, served the requested Notice
of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by
handing a true copy to a person representing themselves to be Doris Kay Ranck, Mother, who accepted
as "Adult Person in Charge" for Nicole R Ranck at 348 Hilltop Road, Hopewell Township, Newburg, PA
17240.
CHRISTOPytER SHARPE, DEPUTY
SHERIFF COST: $150.00 SO ANSWERS,
December 03, 2014 RONR ANDERSON, SHERIFF
(c) CountySuite Sherif', Tokosott, Inc.
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
I';`l_L»L FIVE.
THE: PROTHC O A;'
2314 DEC 15 PM 3: 23
CUMBERLAND COUNTY
PENNSYLVANIA
oor 01' c�rgf�tip.
OFFICE OF THE �NERIrR
*AMENDED*
Branch Banking & Trust Company
vs.
Doris Kay Ranck (et al.)
Case Number
2014-6408
SHERIFF'S RETURN OF SERVICE
11/26/2014 06:12 PM - Deputy Christopher Sharpe, being duly sworn according to law, served the requested Notice
of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by
"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Doris
Kay Ranck at 403 Hilltop Road, Hopewell Township, Newburg, PA 17240.
CHRIS] PHER SHARPE, DEPUTY
11/26/2014 06:12 PM - Deputy Christopher Sharpe, being duly sworn according to law, served the requested Notice
of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by
"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Robert
D Ranck at 403 Hilltop Road, Hopewell Township, Newburg, PA 17240.
11/26/2014 06:12 PM - Deputy Christopher Sharpe, being duly sworn according to law, served the requested Notice
of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by
handing a true copy to a person representing themselves to be Doris Kay Ranck, Mother, who accepted
as "Adult Person in Charge" for Nicole R Ranck at 403 Hilltop Road, Hopewell Township, Newburg, PA
17240. Deputies were advised that the defendant now resides at this address since the primary address
is being sold.
CHRISTER SH 'PE, DEPUTY
SHERIFF COST: $150.00 SO ANSWERS,
December 03, 2014 RONNY R ANDERSON, SHERIFF
(c) CountySuite Sheriff, Teleosoft, Inc.