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Home My WebLink About06-4891PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 139452 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 V. ANDREW T.MCCREA A/K/A ANDREW THOMAS MCCREA BARBARA E. MCCREA A/K/A BARBARA E. YODER 906 MAGNOLIA DRIVE ENOLA, PA 17025 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM /gy ?NO .ol, -'1r l C..IUZ-T02? CUMBERLAND COUNTY 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 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, PA 17013 (800)990-9108 File #: 139452 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. File #: 139452 Plaintiff is GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 2. The name(s) and last known address(es) of the Defendant(s) are: ANDREW T. MCCREA A/K/A ANDREW THOMAS MCCREA BARBARA E. MCCREA A/K/A BARBARA E. YODER 906 MAGNOLIA DRIVE ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 06/08/1999 mortgagor(s) 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 Mortgage Book No: 1550, Page: 410. 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 05/01/2006 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 #: 139452 6. The following amounts are due on the mortgage: Principal Balance $139,886.86 Interest 4,069.44 04/01/2006 through 08/22/2006 (Per Diem $28.26) Attorney's Fees 1,250.00 Cumulative Late Charges 166.84 06/08/1999 to 08/22/2006 Cost of Suit and Title Search 550.00 Subtotal $ 145,923.14 Escrow Credit 0.00 Deficit 816.49 Subtotal 816.49 TOTAL $ 146,739.63 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 Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention 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, 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. 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 $ 146,739.63, together with interest from 08/22/2006 at the rate of $28.26 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. PHELjA "ALLIN AN 4SM, B y: / />?is Ilinan AWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 139452 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in the Township of East Pennsboro, County of Cumberland, Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a point on the southern right of way line of Magnolia Drive (50 feet wide) at the dividing line between Lots No. 167 and No. 168 as shown on the hereinafter mentioned plan; thence along the dividing line between Lots No. 167 and No. 168 South 09 degrees 00 minutes 00 seconds East a distance of 100.00 feet feet to a point at the dividing line between Lots No. 150, No. 15, No. 167 and No. 168; thence along the dividing line between Lots No. 151 and No. 167 South 81 degrees 00 minutes 00 seconds West a distance of 80.00 feet to a point at the dividing line between Lots No. 151, No. 152, No. 166 and No. 167; thence along the dividing line between Lots No. 166 and No. 167 North 09 degrees 00 minutes 00 seconds West a distance of 100.00 feet feet to a point on the southern right of way line of Magnolia Drive; thence along the southern right of way line of Magnolia Drive North 81 degrees 00 minutes 00 seconds East a distance of 80.00 feet feet to a point, said point being the place of Beginning. BEING Lot No. 167 as shown on the Final Subdivision Plan of Penn Valley, Phase 2, Recorded in Plan Book 71, Page 102. CONTAINING 8,000.00 square feet. BEING KNOWN AS 906 Magnolia Drive UNDER and SUBJECT to certain restrictions now of record. BEING THE SAME PREMISES which Penn Valley Corporation, By Indenture bearing the date 8th day of June AD, 1999 and intended to be forthwith recorded in the office for recording of Deeds, in and for the county of Cumberland, Commonwealth of Pennsylvania, granted and conveyed unto said Mortgagors, in fee. File 4: 139452 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. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel . The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. ?- s 1 la, FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ? ,l,c, o? Yu 47 CASE NO: 2006-04891 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS MCCREA ANDREW T ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon MC''rPRA ANDREW T AKA ANDREW THOMAS MCCREA the DEFENDANT , at 0019:25 HOURS, on the 12th day of September, 2006 at 906 MAGNOLIA DRIVE ENOLA, PA 17025 ANDREW MCCREA a true and attested copy of NOTICE COMPLAINT IN MORTGAGE FORECLOSURE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 13.20 e Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 41.20,/ 09/13/2006 hl 0(/)ahf0L PHELAN, HALLINAN, SCHMIEG Sworn and Subscibed to may: l J,/If ?1'/ before me this day Deputy Sheriff of A.D. by handing to R CASE NO: 2006-04891 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS MCCREA ANDREW T ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon nerr"=A MADDTDA V aun RLRRARA R VnnpR the DEFENDANT , at 0019:25 HOURS, on the 12th day of September, 2006 at 906 MAGNOLIA DRIVE ENOLA, PA 17025 ANDREW MCCREA (HUSBAND) a true and attested copy of NOTICE COMPLAINT IN MORTGAGE FORECLOSURE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing Service 6.00 .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 09/13/2006 91'allb6 PHELAN, HALLINAN, SCHMIEG Sworn and Subscibed to B . before me this day Deputy Sheriff by handing to of A. D. r.y MECHANICAL ELECTRICAL : IN THE COURT OF COMMON PLEAS SERVICES, LLC, : CUMBERLAND COUNTY, PENNSYLVANIA CLAIMANT VS. MECHANIC'S LIEN CLAIM WILLIAM R. BALABAN AND ROBIN BALABAN, his wife, NO. 07-4891 MLD Term OWNERS JOINT STIPULATION TO WITHDRAW AND STRIKE MECHANIC'S LIEN AND TO MARK DOCKET DISCONTINUED AND ENDED WITH PREJUDICE AND NOW, this da of January, 2008 comes Mechanical Electrical Services LLC, Claimant by and through its counsel, John M. Kerr, Esquire and William R. Balaban and Robin Balaban, Owners, by and through their counsel, Michael V. Brown, Esquire and stipulate as follows: 1. Claimant filed its Mechanic's Lien on August 17, 2007. 2. Owners filed Preliminary Objections to Claimant's Mechanic's Lien on December 26, 2007. 3. Claimant does not contest Owner's Preliminary Objections and consents to withdraw and strike its Mechanic's Lien. 4. Both parties agree that as a result of this stipulation that the Cumberland County Court of Common Pleas may enter an Order adopting this stipulation with the full force and effect as an Order of Court dismissing and striking Mechanical Electrical Services, LLC's Mechanic's Lien and marking the docket discontinued and ended with prejudice. l? Respectfully Submitted, By: AL )0• Jo M. Kerr, Esquire PA. Attorney I. D. No.: 26414 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 766-4008 Facsimile: (717) 790-6019 E-mail: KerrLaw@comcast.net Respectfully Submitted, ELLIOTT GREENLEAF & BALABAN By: ichael V. rown, Esquire PA. Att ey I. D. No.: 79984 27 h Front Street P. O. Box 1284 Harrisburg, PA 17108 Phone: (717) 234-3282 Facsimile: (717) 233-4264 E-mail: mvb@elliottgreenleaf.com Attorney for Claimant Attorney for Owners ..,? ?`) ?' `'" -n _ --a r. „ T ?,? T ? -. ?'ti ....n -'S^, -. E?°s -? C,'„ Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff GMAC MORTGAGE CORPORATION Plaintiff . I Court of Common Pleas . I Civil Division vs ANDREW T. MCCREA AWA ANDREW THOMAS MCCREA BARBARA E. MCCREA AAA BARBARA E. YODER Defendant . CUMBERLAND County : I No. 06-4891 CIVIL TERM PRAECIPE TO THE PROTHONOTARY: X Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. Date: October 20, 2009 PHS# 139452 By: PHELAN HALLINAN & SCH>?G, LLP La ooe'T. Phelan, E ., I o. 32227 Francis S. Hallinan, w.-, ,Td. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff .? t 2009 OCT 2 1 M! I: 0 7