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HomeMy WebLinkAbout06-6094 PHELAN HALLINAN & SCHMIEG, LLP LA WRENCE 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 142033 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION,2005-RMS1 3476 STATEVIEW BLVD FORT MILL, SC 29715 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM (!'LJiL~'1 Plaintiff NO. Cl.. -fd)9l/ v. CUMBERLAND COUNTY ERIC J. MANDERBACH SHANONL.MANDERBACH 920 MAGNOLIA DRIVE ENOLA, P A 17025 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 #: 142033 File #: 142033 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION, 2005-RMS1 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known addressees) of the Defendant(s) are: ERIC 1. MANDERBACH SHANONL.MANDERBACH 920 MAGNOLIA DRIVE ENOLA, P A 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 12/10/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to WILMINGTON FINANCE, A DIVISION OF AIG FEDERAL SAVINGS BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1891, Page: 4926. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 02/01/2006 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 #: 142033 6. The following amounts are due on the mortgage: Principal Balance Interest 01/01/2006 through 10/16/2006 (Per Diem $37.21) Attorney's Fees Cumulative Late Charges 12/10/2004 to 10/16/2006 Cost of Suit and Title Search Subtotal $204,768.50 10,753.69 1,250.00 296.14 $ 550.00 $ 217,618.33 Escrow Credit Deficit Subtotal 0.00 1,159.26 $ lJ59.26 TOTAL $ 218,777.59 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 Sheriffs 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, 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 $ 218,777.59, together with interest from 10/16/2006 at the rate of$37.21 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. PHELAN HALLINAN & SCHMIEG, LLP .~ ) dfL-:- By: IslFrancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 142033 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in the Township of East Pennsboro, Cumberland County, Pennsylvania bounded and described according to a certain Final Plan for Penn Valley Phase II, prepared by Hartman & Associates, Inc., Engineers and Surveyors, Camp Hill, Pennsylvania, dated October 16, 1995 and last revised November 2, 1995 and recorded in Plan Book 71 page 102, as follows, to wit: BEGINNING at a point on the southeast side of Magnolia Drive and the northwest comer of Lot No. 161 on said plan; thence extending along said lot south 9 degrees 00 minutes 00 seconds east 100.00 feet to a point on the northeast comer of Lot No. 158; thence extending along said lot south 81 degrees 00 minutes 00 seconds west 82.00 feet to a point a comer of Lot No. 159 on said plan; thence extending along said lot north 09 degrees 00 minutes 00 seconds west 93.84 feet to a point on the southeast side of Magnolia Drive; thence extending along said drive along a curve to the right having a radius of 275.00 feet, the arc distance of 58.33 feet to a point oftangency; thence continuing north 81 degrees 00 minutes 00 seconds east 24.10 feet to the point and place of beginning. BEING LOT NO. 160 CONTAINING 8,081.58 SQUARE FEET. BEING PART OF THE SAME PREMISES which James A. Acri, as Executor of the Estate of Edith Loretto Acri, and as Trustee of the Testamentary Trust ofOvidio Acri, and James A. Acri, individually, by Deed dated November 22, 1993 and recorded in the Office for recording of Deeds in and for Cumberland County in Deed Book R30, Page 148, and Deed Book R36, Page 155, granted and conveyed unto Penn Valley Corporation, a Pennsylvania corporation, in fee. PREMISES: 920 MAGNOLIA DRIVE File #: 142033 . . VF.RTFTCATTON 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. h J ).JL FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ~ \ (Q. G iO tI1 "-> ~ .l.rt (") c:::::. ~ C C'.::> ~~ ~ ~ t/) "urn 0 :r mrn (J m;;g ....... ~ -" -1 --l ~ 4__........ ~E9 w ZC -..< CJ'> .~, CD ~G -'" ~7' r":> ;-, ~ ~ p:: ~\-j -0 3-d -e,;"" z!..! :x ::""M --.( ") 0 -.......0 ~ ).." (= ~ ~ -.. .L.. t- =2 Ul -< --- PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 U.S. Bank National Association, as trustee for the Structured Asset Securities Corporation, 2005- RMS 1 ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Eric J. Manderbach Shanon L. Manderbach Defendant( s) No. 06-6094 C.T. PRAECIPE TO THE PROTHONOTARY: _Please mark the above referenced case Discontinued and Ended without prejudice. X Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. Dale:~ Francis S. Hallinan, Esquire Attorney for Plaintiff PHS # 142033 ;~ II ~- f"'..-' --.. f';,,) , ' .........~. -....! SHERIFF'S RETURN - NOT FOUND ... CASE NO: 2006-06094 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS MANDERBACH ERIC J 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 MANDERBACH ERIC J but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , MANDERBACH ERIC J 920 MAGNOLIA DRIVE ENOLA, PA 17025 PROPERTY WAS SOLD. NEW RESIDENTS ARE THERE. Sworn and 18.00 13.20 5.00 10.00 .00 46.207 tI/30/()~ ~ Subscribed to before '~~...,-:~~~"~-.:.,.- s~c; R. Thomas Kline Sheriff of Cumberland County Sheriff's Costs: Docketing Service Not Found Surcharge PHELAN HALLINAN SCHMIEG 11/09/2006 me this day of A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-06094 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS MANDERBACH ERIC J 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 MANDERBACH ERIC J but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND I as to the within named DEFENDANT , MANDERBACH ERIC J 811 HIGHLAND COURT MECHANICSBURG, PA 17050 PROPERTY WAS SOLD. NEW RESIDENTS LIVING THERE. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .00 21.00V' " /30 If) I, r:;L Subscribed to before SO~ ,," ~ ',':.>>~;:';;"--- .' ,'~-:<;:;~~/'"'>"'" " R. Thomas Kl i ne Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 11/09/2006 Sworn and me this day of A.D. SHERIFF'S RETURN - NOT SERVED CASE NO: 2006-06094 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS MANDERBACH ERIC J R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: MANDERBACH SHANON L but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT SERVED , as to the within named DEFENDANT , MANDERBACH SHANON L 920 MAGNOLIA DRIVE ENOLA, PA 17025 SERVICE STOPPED PER ATTORNEY'S OFFICE. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 8.80 .00 10.00 .00 24.80"; PHELAN HALLINAN 11/09/2006 ,,," So answ~~~-{-----~ . _ _ __~ ::.::----;.;..------- ~.~~~~~~' ~~~;;; / R. Thomas(Kline Sheriff of Cumberland County SCHMIEG J//~oJo~ ~ Sworn and Subscribed to before me this day of A.D.