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HomeMy WebLinkAbout06-4541 '- . PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE l400 PHILADELPHIA, PA 19103 (215) 563-7000 \36858 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRNE, SUITE 350 MCLEAN, VA 22102 ATIORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM C;u~lleA.J4. v. NO.O(. -"'SLIt CUMBERLAND COUNTY RAYMOND S. ZENEWICZ, JR. AMANDA L. ZENEWICZ NK/A AMANDA HELMAN 21 NORm QUEEN STREET SHlPPENSBURG, P A 17257 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, 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 THA T MAY OFFER LEGAL SERVICES TO ELlGffiLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: \36858 .. ~ File #: 136858 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS 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 ESTATE. .. 1. Plaintiff is MORTGAGEELECTRONlC REGISTRATION SYSTEMS, INe. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner oflegal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: SUNTRUST MORTGAGE CORPORATION 1001 SEMMES AVENUE P.O. BOX 26149, V A 23261 RICHMOND, VA 23224-2243 2. The name(s) and last known addressees) of the Defendant(s) are: RAYMOND S. ZENEWICZ, JR. AMANDA L. ZENEWICZ AlK/A AMANDA HELMAN 21 NORTH QUEEN STREET SHIPPENSBURG, PA 17257 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 11/10/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAlNTlFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1931, Page: 471. 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 03/01/2006 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 #: 136858 . . 6. The foIlowing amounts are due on the mortgage: Principal Balance Interest 02/01/2006 through 08/07/2006 (perDiem$19.l7) Attorney's Fees Cumulative Late Charges 11110/2005 to 08/07/2006 Cost of Suit and Title Search Subtotal $94,854.96 3,603.96 1,250.00 98.43 $ 550.00 $ 100,357.35 Escrow Credit Deficit Subtotal TOTAL 0.00 0.00 $ 0.00 $ 100,357.35 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and wiII be coIlected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees wiII be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuantto Act 91 of 1983, as amended in 1998, 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 tenninated 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!:!m1 Judgment against the Defendant(s) in the sum of $ 100,357.35, together with interest from 08/07/2006 at the rate of$19.17 per diem to the date of Judgment, and other costs and charges coIlectible under the mortgage and for the foreclosure and sale of the mortgaged property. P~EL ALLINAN & SCHMIEG, LLP ~aod~ ' By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: \36858 . . LEGAL DESCRIPTION ALL that certain real estate and lot of ground with half of a brick dwelling house thereon erected known as No. 2l North Queen Street, situate in the Borough of Shippensburg, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: ON THE West by North Queen Street; on the North by property now or formerly of Emory Kann and Bertha Kann, his wife; on the East by a public alley; and on the South by property now or formerly of H. Glenn Smith and Pearl Hoch Smith, his wife; said lot having a frontage on North Queen Street aforesaid of nineteen (19) feet nine (9) inches, more or less, from the center of the dividing wall between the house on this property and the house on the property now or formerly of the said H. Glenn Smith and Pearl Hoch Smith, his wife, which said Smith on the North and extending in depth Eastwardly to the alley in the rear two hundred sixty-nine (269) feet, more or less. BEING the same real estate that Donald E. Sprecher and Debra 1. Specher his wife, by their deed dated March 1, 1990, and recorded March 13, 1990, in Cumberland County Deed Book 34 'L', Volume 503, conveyed to Donald E. Sprecher, one of the Grantors herein. BEING the same real estate that Donald E. Sprecher and Glenda M. Sprecher, husband and wife, by their deed dated October 3l, 2005, and intending to be recorded prior hereto in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, conveyed to Raymond S. Zenewicz, Jr., and Amanda L. Zenewicz, husband and wife, the Mortgagors herein. PROPERTY BEING: 21 NORTH QUEEN STREET File #: 136858 ,,' . .. VF.RTFTC'A TTON FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and 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 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~))g. DATE: J}t FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff . .> . ~ ~ t -p \ V\ ~ ~ ~ ~ ~ ~ - If'\ . ~ ~~ '"'i) ~ ;%W, ~ ~ ~ ~ ~-X' , 4 <n~ cP .~' !l ~o ..., a -.:). ~ ~c> -;s. ~~ ; ~ PHELAN HALLINAN & SCHMIEG, LLP Lawrence T. Phelan, Esquire LD. No. 32227 Francis S. Hallinan, Esquire LD. No. 62695 Daniel G. Schmieg, Esquire LD. No. 62205 1617 JFK Boulevard, Suite 1400 Philadelphia, P A 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. Plaintiff vs. Raymond Z. Zenewicz, Jr. Amanda L. Zenewicz AfK/ A Amanda Helman Defendant(s) Attorney for Plaintiff Court of Common Pleas Cumberland County No. 06-4541 c..; V ~, ~ ("f'v) 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. 9-1 S-'tJ(;. Date 136858 I~S~~___ Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Attorneys for Plaintiff ~:....' -';j "''''''''. ..--'; t-:~) ....J ~.. SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-04541 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS ZENEWICZ RAYMOND S JR 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 ZENEWICZ AMANDA L but was unable to locate Her in his bailiwick. He therefore returns the NOTICE COMPLAINT IN MORTGAGE FORECLOSURE , NOT FOUND , as to the within named DEFENDANT , ZENEWICZ AMANDA L 21 NORTH QUEEN STREET SHIPPENSBURG, PA 17257 DEFENDANT COULD NOT BE SERVED AT ADDRESS PROVIDED PRIOR TO EXP Sheriff's Costs: Docketing Service NOT FOUND RETURN Surcharge 6.00 .00 5.00 10.00 .00 21.00 '1J ~ L. j (J{... TURNED OFF 2 MONTHS 1 rs-;/d; ~ PREVIOUS DATE, NEIGHBORS STATE THAT UTILITIES R. Thomas Kline riff of Cumberland County LJ.- PHELAN, HALLINAN & SCHMIEG 09/07/2006 Sworn and Subscribed to before day of me this A.D. .. ,/ '" SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-04541 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS ZENEWICZ RAYMOND S JR 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 ZENEWICZ RAYMOND S JR but was unable to locate Him in his bailiwick. He therefore returns the NOTICE COMPLAINT IN MORTGAGE FORECLOSURE , NOT FOUND , as to the within named DEFENDANT , ZENEWICZ RAYMOND S JR 21 NORTH QUEEN STREET SHIPPENSBURG, PA 17257 DEFENDANT COULD NOT BE LOCATED AT ADDRESS STATED PRIOR TO EXPIRATION DATE, NEIHBORS STATE UTILITIES TURNED OFF 2 MONTHS PREVIOUS Sheriff's Costs: Docketing Service NOT FOUND RETURN Surcharge 18.00 17.60 5.00 10.00 .00 50.60 .,/ 'i }J.& (0(,. ~ Sheriff County PHELAN, HALLINAN & SCHMIEG 09/07/2006 Sworn and Subscribed to before day of me this A.D.