The URL can be used to link to this page

Home My WebLink About02-5958 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 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 FIRST NATIONWIDE MORTGAGE CORPORATION 5280 CORPORATE DRIVE FREDERICK, MD 21703 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. 02 --S9Cr e,~~C-T~ CUMBERLAND COUNTY v. CATHERINE F. SWEENEY 920 HAMILTON STREET CARLISE, PA 17013 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 Loan #: 0016012619 RMS 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. 1. Plaintiff is FIRST NATIONWIDE MORTGAGE CORPORATION 5280 CORPORATE DRIVE FREDERICK, MD 21703 2. The name(s) and last known address(es) of the Defendant(s) are: CATHERINE F. SWEENEY 920 HAMIL TON STREET CARLISE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 517/99 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. 1541, Page 671. 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 8/1/02 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. 6. The following amounts are due on the mortgage: Principal Balance Interest 711 /02 through 12/1/02 (Per Diem $18.54) Attorney's Fees Cumulative Late Charges 5/7/99 to 12/1/02 Cost of Suit and Title Search Subtotal $97,080.38 2,855.16 1,250.00 468.94 550.00 $102,204.48 Escrow Credit Deficit Subtotal 0.00 133.90 $ 133.90 TOTAL $102,338.38 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. ~1680.403c. 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff s written Notice to Defendants; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $102,338.38, together with interest from 12/1/02 at the rate of $18.54 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. By: s~:::;li! LLP F FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ALL T!-lA'"::' CItR.TAIN ~Ol: of ground w.it:h t.he irnp.ovcmeru:'!J thereon erect.ed, s.ic:uacc in NORTH MJDDL.E.TON TOWNSHIP, Cumberland Councy, Pennsylvan.ia, more part:icularly boundea and desoribed uccording to survey made February 0, 1969. by Thomas A. Neffl RE9iste~ed Surveyor, a~ follows: BSGINNI~G at a stake on the northern line of Hamilton Soreet (60 feet wide) which stake is situated Souoh sixty-three (53) degrees West, four hundred ohirteen (~13) feet from the western line of L. R. 21083; thence by the norohern li~e of aamilton $cree~, South ~ixty~three (53) degrees West, s~venty-fivc and no one-hundredths (75.00) feet co a stake; thence by a line of propeJ;'CY now or formerly of Marahall Sutton. North twe~ty-aeven (27) degrees West, twO hundred and no o~e-hundredohs (200.001 feco 00 an iron pipe: thence by Lot No. 48 on the hereinaf~er R.entioned plan, North sixey-three (63) d~grees East, nevcnty-five and no ole-hund~edtha (75.00) feet co an iron pin; chenc~ by lot now or fo=merly ot Andre~ c. Keeley, South twen~y-aeven (27) de9re~s Eage, two hundred and no one-hund~edths (:200.00] feet to tile place of BEGINNING. SEING Lo; No. 34 on the ce:r~ain "Pl.:ln of F..dditional I..OCD of Greenvule.'. said pliln of lota :Jeing entered of ~ecord in the office of th~ Recorder of Ceeda at Carlisle Pennsylvania, in plan BOOK IS, Pilge <10. Being known as 1120 Ilamiloon Street. ,::arlisle. Pemnsylvania. BEING ChI! same premises which paorick J. McGlynn, Jr. and Hwi Kui McGlynn, husband ,.nd wife, by Peed bearing date the 12th day of Auguso, 1996, and recorded in the Office of the Recorder of Deed~ in and for Cumberland County, pennaylvilnia.1 Oll che l.2th day of AU9U~t., 1996, in Record nook 144, page 36. granced c,nd conveyed unt.o Harx-y L. Swe~ney ,Lind Catherit'.e F - Sweeney. PREMISES BEING: 920 HAMILTON STREET ..... " FEDERMAN & PHELAN VERIFICA nON DENNIS KIEFT hereby states that he is VICE PRESIDENT of FIRST NATIONWIDE MORTGAGE CORPORATION, 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 understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DOmril.:t:f.. Vire Pre,id,"' DATE: !;.z!/Iiuc 'P (J ~ fJ:.1t~ ~ - tJ () tIJ .c: l) N -v ~g:p- ~ --L.... C) c ~ ) ---;. t. ;>:') .- ~( ,C) SHERIFF'S RETURN - REGULAR CASE NO: 2002-05958 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST NATIONWIDE MORTGAGE CORP VS SWEENEY CATHERINE F GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SWEENEY CATHERINE F the DEFENDANT , at 2034:00 HOURS, on the 18th day of December, 2002 at 920 HAMILTON STREET CARLISLE, PA 17013 by handing to CATHERINE F SWEENEY 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 18.00 3.45 .00 10.00 .00 31.45 So Answers: //~/-<~ R. Thomas Kline 12/19/2002 FEDERMAN & PHELAN Sworn and Subscribed to before By: ~ &.)~ Deputy S riff me this 3~ day of "I c;.M/~~< "J .1 ov.. ':) A. D . ~H () }n'/~(./ ~ Prothonotary' PHELAN HALLlNAN & SCHMIEG, LLP BY: FRANCIS S. HALLlNAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Citimortgage, Inc. ATTORNEY FOR PLAlNTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Catherine F. Sweeney Defendant( s) No. 02-5958 PRAECIPE TO THE PROTHONOTARY: X Please mark the above referenced case Discontinued and Ended without prejudice. _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. Date: 1/21/~ / ~ )tu~ Francis S. Hallinan, Esquire Attorney for Plaintiff .-/ o ~~, ....> ,,'" ~ (/'l r" -0 N (.-) -a - -<;;.. ~ ~jIJ ~iJm .Coy ()<.) ':.:.1-r\ i~~''. <~() g'" 15 :;,: w " o -