Loading...
HomeMy WebLinkAbout14-7055 Supreme Court:o; Pennsylvania Cour Cm aPleas For Prothonotary Use Only: �. i1�Cov f eet CU SAND County Docket No: Is — ) . S 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 hy law or rules of court. S Commencement of Action: N Complaint ❑Writ of Summons ❑Petition E ❑ Transfer from Another Jurisdiction ❑Declaration of Taking C Lead Plaintiff's Name: SANTANDER BANK,N.A. Lead Defendant's Name: JEFFERSON L.GHRIST, SR T I Are money damages requested? [] Yes ❑D No Dollar Amount Requested: El within arbitration limits i 0 (Check one) outside arbitration limits N Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJ Appeal? ❑ Yes ❑x No A Name of Plaintiff/Appellant's Attorney: Jonathan Lobb,Esq.,Id.No.312174,Phelan Hallinan,LLP ' ❑ 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 ❑Intentional ❑Buyer Plaintiff Administrative Agencies ❑Malicious Prosecution ❑Debt Collection:Credit Card ❑Board of Assessment ❑Motor Vehicle ❑Debt Collection:Other ❑Board of Elections ❑Nuisance ❑Dept.of Transportation j ❑Premises Liability ❑ Statutory Appeal:Other ❑Product Liability(does not S include mass tort) El Employment Dispute: ❑ Slander/Libel/Defamation Discrimination ' E ❑Other: ❑Employment Dispute: Other ❑Zoning Board C ❑Other: T IMASS TORT ❑Other: ❑Asbestos N ❑Tobacco ❑Toxic Tort-DES ❑Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑Toxic Waste ❑Ejectment ❑Common Law/Statutory Arbitration $ ❑Other: ❑Eminent Domain/Condemnation ❑Declaratory Judgment ❑Ground Rent ❑Mandamus ❑Landlord/Tenant Dispute ❑Non-Domestic Relations ®Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABILITY ❑Mortgage Foreclosure:Commercial ❑Quo Warranto ❑Dental ❑Partition ❑Replevin ❑Legal El Quiet Title ❑Other: i ❑Medical ❑Other: ❑Other Professional: Pa.R.C.P. 205.5 Updated 0110112011 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 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 (717)249-3166 (800)990-9108 File#: 957472 i:.Y IYj+ .y• 4 i v: 3L{ PHELAN HALLINAN,LLP Jonathan Lobb,Esq.,Id.No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia,PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 SANTANDER BANK,N.A. 824 NORTH MARKET STREET, SUITE 100 COURT OF COMMON PLEAS WILMINGTON,DE 19801 CIVIL DIVISION Plaintiff V. TERM y 7 JEFFERSON L. GHRIST, SR NO. 20 APPALACHIAN TRAIL ROAD GARDNERS,PA 17324-9052 CUMBERLAND COUNTY Defendant CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE �ls .� oda File#: 957472 # 3 1. Plaintiff is SANTANDER BANK,N.A. 824 NORTH MARKET STREET, SUITE 100 WILMINGTON, DE 19801 2. The name(s) and last known address(es) of the Defendant(s) are: JEFFERSON L. GHRIST, SR 20 APPALACHIAN TRAIL ROAD GARDNERS,PA 17324-9052 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/09/2001 JEFFERSON L. GHRIST, SR made, executed and delivered a mortgage upon the premises hereinafter described to FIRST UNITED MORTGAGE SERVICES, INC. , which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1730, Page 1889. By Assignment of Mortgage recorded 08/13/2001 the mortgage was assigned to Sovereign Bank, which Assignment is recorded in Assignment of Mortgage Book 680, Page 812.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. Sovereign Bank is now known as Santander Bank,N.A. 5. The premises subject to said mortgage is described as attached. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2014 and each month thereafter are due and unpaid, and by the terms of said mortgage,upon failure of Mortgagor to make such payments after a date specified File#: 957472 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage as of 11/17/2014: Principal Balance $48,228.14 Interest $1,335.65 07/01/2014 through 11/17/2014 Late Charges $165.44 Property Inspections $122.80 Property Preservation $1,497.00 Subtotal $51,349.03 Escrow Credit $1( 10.36) TOTAL $51,238.67 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. 9. 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 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. 10. The mortgage premises are vacant and abandoned. File#: 957472 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of$51,238.67, 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: Jona n Lo , Esq., Id. No.312174 Attorney for Plaintiff File#: 957472 LEGAL DESCRIPTION TRACT NO. 1: ALL THAT CERTAIN lot of ground situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a railroad iron marking corner common to land of Herbert Miller, Carl Barrick, the Slusser Estate, and the tract of land herein conveyed; thence along land of the Slusser Estate in an easterly direction, a distance of 110 feet to a point in the Western line of a private lane; thence in a southerly direction along the Western line of said private lane, a distance of 84 1/2 feet to a point in line of other land of Sadie E. Griffie; thence along said other land of Sadie E. Griffie, in a Westerly direction, a distance of 110 feet to a point,the Southeastern corner of land of Herbert Miller; thence along the Eastern line of land of Herbert Miller, a distance of 84 1/2 feet to a railroad iron,the place of BEGINNING. TOGETHER with the right of free and uninterrupted ingress, egress and regress to the tract of land herein conveyed over a strip of land Ten(10) feet wide adjoining the within described tract of land on the East and continuing in a Southerly direction along other land of Sadie E. Griffie, a distance of 65 feet and continuing still further along other land of Sadie E. Griffie, a distance 250 feet, more or less,to the public road leading from the Gettysburg-Mount Holly Springs Highway to the cottages formerly of Arbegast and Moomy. TRACT NO. 2: ALL THAT CERTAIN lot of ground situate in the township of South Middleton, Cumberland County, Pennsylvania,more particularly bounded and described as follows,to wit: File#: 957472 BEGINNING at a point on the East side of a road leading from the Gettysburg-Mount Holly Springs Highway to the cottages now or late of Arbegast and Charles S. Moomey, at the corner of land of the Reading Railroad Company; thence along the line of land of the said railroad, a distance of 122 feet to a point; thence in a Southerly direction along the line of land late of Sadie E. Griffie (of which the tract herein described originally was a part) and approximately parallel with the said road a distance of 85 feet to a point; thence in a Westerly direction along the said Griffie land, a distance of 122 feet to a point on the East side of the said road; thence in a Northerly direction along that road a distance of 85 feet to a point, and place of BEGINNING. BEING THE SAME PREMISES which Margaret E. Fishel and William L. Fishel,her husband, by their deed to be recorded simultaneously herewith, in the Office of the Recorder of Deeds of Cumberland County, granted and conveyed unto Jefferson L. Ghrist, Sr. PROPERTY ADDRESS: 20 APPALACHIAN TRAIL ROAD, GARDNERS,PA 17324- 9052 PARCEL#40-37-2545-018. File#: 957472 VERIFICATION hereby states that he/she is 4Nwof SANT ANTER BANK,N.A., 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: / UNameDIl(� „0 Title: n `,n� SANTANDER BANK,N.A. File#: 957472 Name: GHRIST File#: 957472 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 1'(li 1,C 19 PHS CUMBERLAND is vUU ,1 PENNSYLVANIA Santander Bank, N.A. Case Number vs. Jefferson L Ghrist, Sr. 2014-7055 SHERIFF'S RETURN OF SERVICE 12/15/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Jefferson L Ghrist, Sr., but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as "Not Found" at 20 Appalachian Trail Road, South Middleton, Gardners, PA 17324. Residence is vacant. Deputies spoke to defendant's neighbor and they advised that the defendant has not resided at this address for 11 years but does still recieve mail at this address. SHERIFF COST: $45.43 SO ANSWERS, December 16, 2014 RONNY R ANDERSON, SHERIFF (c) CcuntySuito Sheriff, Teleosoft. Inc. 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 957472 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage as of 11/17/2014: Principal Balance $48,228.14 Interest $1,335.65 07/01/2014 through 11/17/2014 Late Charges $165.44 Property Inspections $122.80 Property Preservation $1,497.00 Subtotal $51,349.03 Escrow Credit ($110.36) TOTAL $51,238.67 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. 9. 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 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. 10. The mortgage premises are vacant and abandoned. File #: 957472 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $51,238.67, 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. By: File #: 957472 PHELAN HALLINAN, LLP Jona n Lo.., Esq., Id. No.312174 Attorney for Plaintiff LEGAL DESCRIPTION TRACT NO. 1: ALL THAT CERTAIN lot of ground situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a railroad iron marking corner common to land of Herbert Miller, Carl Barrick, the Slusser Estate, and the tract of land herein conveyed; thence along land of the Slusser Estate in an easterly direction, a distance of 110 feet to a point in the Western line of a private lane; thence in a southerly direction along the Western line of said private lane, a distance of 84 1/2 feet to a point in line of other land of Sadie E. Griffie; thence along said other land of Sadie E. Griffie, in a Westerly direction, a distance of 110 feet to a point, the Southeastern corner of land of Herbert Miller; thence along the Eastern line of land of Herbert Miller, a distance of 84 1/2 feet to a railroad iron, the place of BEGINNING. TOGETHER with the right of free and uninterrupted ingress, egress and regress to the tract of land herein conveyed over a strip of land Ten (10) feet wide adjoining the within described tract of land on the East and continuing in a Southerly direction along other land of Sadie E. Griffie, a distance of 65 feet and continuing still further along other land of Sadie E. Griffie, a distance 250 feet, more or less, to the public road leading from the Gettysburg -Mount Holly Springs Highway to the cottages formerly of Arbegast and Moomy. TRACT NO. 2: ALL THAT CERTAIN lot of ground situate in the township of South Middleton, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: File #: 957472 BEGINNING at a point on the East side of a road leading from the Gettysburg -Mount Holly Springs Highway to the cottages now or late of Arbegast and Charles S. Moomey, at the corner of land of the Reading Railroad Company; thence along the line of land of the said railroad, a distance of 122 feet to a point; thence in a Southerly direction along the line of land late of Sadie E. Griffie (of which the tract herein described originally was a part) and approximately parallel with the said road a distance of 85 feet to a point; thence in a Westerly direction along the said Griffie land, a distance of 122 feet to a point on the East side of the said road; thence in a Northerly direction along that road a distance of 85 feet to a point, and place of BEGINNING. BEING THE SAME PREMISES which Margaret E. Fishel and William L. Fishel, her husband, by their deed to be recorded simultaneously herewith, in the Office of the Recorder of Deeds of Cumberland County, granted and conveyed unto Jefferson L. Ghrist, Sr. PROPERTY ADDRESS: 20 APPALACHIAN TRAIL ROAD, GARDNERS, PA 17324- 9052 PARCEL #40-37-2545-018. File #: 957472 VERIFICATION %M herebystates that he/she is 666y cefof SANTANDER � BANK, N.A., 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#: 957472 Name: GHRIST File 4: 957472 Title: nk:(19 o 4er. SANTANDER BANK, N.A.