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Home My WebLink About05-3215 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No, 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, P A 19103 (215) 563-7000 GMAC MORTGAGE CORPORATION, F/K/A GMAC MORTGAGE CORPORA nON OF P A 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA ]9044-0969 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM C/~~L~tI2-~ Plaintiff NO. OS - 3:<J.S' v. CUMBERLAND COUNTY PAUL D. DElTZEL PAUL E. DElTZEL, JR. 402 HILLSIDE ROAD NEW CUMBERLAND, PAl 7070-186 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, yon 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 INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 170 J3 (800)990-9108 Filet!: 118040 File #: 118040 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM TillS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL EST A TE. I. Plaintiff is GMAC MORTGAGE CORPORA T10N, F/KJ A GMAC MORTGAGE CORPORATION OF PA 500 ENTERPR1SE ROAD SUlTE 150 HORSHAM, PA 19044-0969 2. The name(s) and last known address(es) of the Defendant(s) are: PAUL D, DEITZEL PAUL E. DElTZEL, JR. 402 HlLLSIDE ROAD NEW CUMBERLAND, P A 17070.] 86 who is/are the mortgagor(s) and real owner(s) ofthe property hereinafter described, 3, On 08/16/1993 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINT1FF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No: 1164, Page: 528. 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 03/01/2005 and each month thereafter are due and unpaid, and by the tenns 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 #: 118040 6. The following amounts are due on the mortgage: Principal Balance Interest 02/0112005 through 06/22/2005 (Per Diem $7.66) Attomey's Fees Cumulative Late Charges 08/1 6/1993 to 06/22/2005 Cost at'Suit and Title Search Subtotal $42,227.11 1,087.72 1,250.00 52.82 $ 550.00 $ 45,167.65 Escrow Credit Deficit Subtotal - 313.06 0,00 $- 313.06 TOTAL $ 44,854.59 7, The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice ofIntention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, andlor 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) haslhave 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. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 44,854,59, together with interest from 06/22/2005 at the rate of $7.66 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELA .... LL1N~N & Sp,HM'~.. L;~ ' 'tlJ/!.ta c) /vtZt.{.IJU!U( By: Is/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN. ESQUIRE Attomeys for Plaintiff File #: It 8040 LEGAL DESCRIPTION ALL THOSE CERTAIN tracts or parcels ofland situate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, being Lot No. 19 on the subdivision plan of New Cumberland Homes, recorded in the Recorder of Deeds Office of Cumberland County, in Plan Book 4 I, page 50. BEGINNING at a point on the west side of Hillside Road, at the dividing line between Lots 18 and 19 on the hereinafter mentioned Plan of Lots; thence along the west side of Hillside Road, South 18 degrees 08 minutes 12 seconds East, a distance of 50.00 feet to point alline of Lot No. 20; thence along the diving line between Lots 19 and 20, South 71 degrees 5] minutes 48 seconds West; a distance 01'25.00 feet to a point: thence continuing along the dividing line between Lots 19 and 20, North 70 degrees] 5 minutes 42 seconds West, a distance of 11.40 feet to a point; thence continuing along the dividing line between Lots 19 and 20, South 71 degrees 51 minutes 48 seconds West, a distance of 86.00 feet to a point at liue of land now or late of Gordon Willis, et al; thence along said property line North 18 degrees 08 minutes 12 seconds West; a distance of 43.00 feet to a point, the place of BEGINNING. BEING Lot No. 19 on the subdivision plan of New Cumberland Homes, recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania, in Plan Book 41, Page 50. HAVING THEREON ERECTED a brick dwelling house known and numbered as 402 Hillside Road, New Cumberland, Pelllisylvania, ]7070. UNDER AND SUBJECT, NEVERTHELESS, to easements, restrictions, reservations, conditions and rights of way of record. BEING THE SAME PREMISES which Paul F. Delsanto, Jr., and Jill K. Delsanto, by their deed dated August, 16, 1993 and recorded in the Cumberland County Recorder of Deeds Office in Book N-36, Page 564, granted and conveyed unto Paul D. Deitzel and Paul E, Deitze] Jr. Grantor is the Wife of Paul D. Deitzel and this and this deed is being made to transfer any rights which she may have for the property to her husband arising from the marriage. PROPERTY BEING: 402 HILLSIDE ROAD :'ilc#: 118040 VERIFICATION Robert Lelli hereby states that he is FORECLOSURE SPECIALIST of GMAC MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of l8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~ , DATE: &.k,,/ () Ii" 1- \ ~ l..rt ~ t c> ~ V) ~0 ~\F 1- (; c: r-.' = ,,;.;.-' ,.P C~":". , ~,"." .~~. ".:> GO C) 11 -' :r:..." rnp -T"'Itr. ',:'jC;J (')(-} -!5'~ ;j~~ il :El ~ -:J (-:: CJ \D SHERIFF'S RETURN - REGULAR . CASE NO: 2005-03215 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS DEITZEL PAUL D ET AL KENNETH GaSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DEITZEL PAUL D the DEFENDANT , 2005 NEW CUMBERLAND, PA 17070 by handing to DEIDRA DEITZEL, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 27.20 .00 10.00 .00 55.20 rgL~~_:~ R. Thomas Kline 07/21/2005 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before By: ,;;til/" ..c me this "ll.- day of 1!: ;'. A~ "'~,/ .~ prothonotary'~ SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-03215 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS DEITZEL PAUL D ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT DEITZEL PAUL E JR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT , DEITZEL PAUL E JR 402 HILLSIDE ROAD NEW CUMBERLAND, PA 17070 DEFENDANT LIVES AT 795 RED MILL ROAD ETTERS, PA 17319 - YORK COUNTY Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .00 21.00 So a:s~~ , R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 07/21/2005 Sworn and subscribed to before me this :J..~e day of (f.l. 7 .;201:> 5 A . D . ~J O~ ~ Pr t onotary , , PHELAN HALLINAN & SCHMIEG, LLP I awrence T. Phelan, Esq" Id. No. 32227 . Francis S. Hallinan, Esq., Id, No. 62695 Daniel G. Schmieg, Esq., Id No, 62205 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff GMAC MORTGAGE CORPORATION, F/K/A GMAC MORTGAGE CORPORATION OF PA Plaintiff Court of Common Pleas CUMBERLAND County No. 05-3215 vs. PAUL D. DEITZEL PAUL E. DEITZEL, JR. Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT, WITHOUT PREJUDICE, AND DISCONTINUE AND END TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark this case discontinued and ended, upon payment of your costs only. Date ~f/M/PJ- , . By: ~ci-! .{. ~ Lawrence T. Phelan, Esq. Francis S. Hallinan, Esq. Daniel G, Schmieg, Esq. Attorneys for Plaintiff Q c. :.;:-. -vij .......,rr '~/'-\ ..:..,~ 'c' -71, OJ)' -SIc ~.,. ~~::. :v- ~~.:: ::2 ~,' = 5' e/> q N N -Q ~ Ql ~ n,7J -orD --::'JCJ -::"1\ '~tCJ _r"' :>.~ g(~ f5.cn :;;: ~ r:-? N CP