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Home My WebLink About03-0340 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 ATTORNEY FORPLAINTWF COURT OF COMMON PLEAS CIVIL DIVISION CITWINANCIAL MORTGAGE COMPANY, INe. F/KJA CITWINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY 1111 NORTHPOINT DRIVE COPPELL, TX 75019 TERM Plaintiff NO, 03 -.3'10 e,'u~L ~~ v, CUMBERLAND COUNTY RONALD E. LAMBERT MARIAN PATRICK STAR D. LAMBERT 3 ELMWOOD COURT CAMP HILL, PA 17011 Defendant( s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON 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. W 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 LffiERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 Loan #: 5000195938 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 AFfER 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 CITIFINANCIAL MORTGAGE COMPANY, INe. F/KJA CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY 1111 NORTHPOINT DRIVE COPPELL, TX 75019 2. The name(s) and last known addressees) of the Defendant(s) are: RONALD E. LAMBERT MARIAN PATRICK STARD. LAMBERT 3 ELMWOOD COURT CAMP HILL, P A 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 03/19/02 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. 1755, Page 2802. 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 09/01/02 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 08/01/02 through 01/01/03 (Per Diem $34,30) Attorney's Fees Cumulative Late Charges 03/19/02 to 01/01/03 Cost of Suit and Title Search Subtotal $126,759.60 5,282,20 1,250,00 0.00 550.00 $133,841.80 Escrow Credit Deficit Subtotal 0,00 0,00 $ 0.00 TOTAL $133,841.80 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. 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 Plaintiffs 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 $133,841.80, together with interest from 01/01/03 at the rate of $34.30 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale ofthe mortgaged property, FED~~l~ By: /s/Fralfulis S. Hallinan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S, HALLINAN, ESQUIRE Attorneys for Plaintiff ..... t - ALl. utA l' caT AIN piece or parcel of land, s~. in Hampdca Township (off the Clearvlew fan :l5), Cumbct~ COIa1ty, pelIllSylYlUlla, more pan1cularly boundtd and described 113 folloWS, l:) ~ it: bE~ :INNINO at I point on tho Wcstr.rly side ot ElmwoaCl Court whil:h point l:I at tht: division line of L 01S Nos. 208 and 209 on lbc hcICmfter melUiDncd pia: of lob; thence Sout!1 seventy-MVCIl dl.lgl ccs forty miautes West along said division W1e B dis~ of eighty-<llle alIti twcnt)'-sevcl1 Olle- bllDdredtba (eel: U) II point at tbc division line between Lots No,. 209 ADell'S lll1 said phm: tIIe:::c North twO aegtees ~lrty-n.iDc minUteS We$t along said dlv1!liaD line llJ1d beyolld It dillWIU of O:!l: hCt'..m:d seventy feet to a point 011 the Southml side oC Lot No. 104 011 said plan: thence Soub forty"two degtCOll [wenly-five miDutcs East slollll tht: divlslollllnc bcr:weel1 LoIS No:!. 210 BDd 209 11 dllumcc of one hundred tlfty-tWO aud cigb=n oac-bwIdredths feet to a pOint on the We:! tetly side of Elmwcod Col1t[: thence in a $olllhaly diIcctiOn In IlI1 arc alan; ElmWOQ(1 Court a dll~ of fony-five Cc:eI: to a point., !be plllce of BeGINNING. IT llEINO Lot No. 209 an the 0eAcral Plan or Sec.tion 2 and , of ClclIrllew Farms !1:I:ot(!ed i.n Plll11Book9, paga6. HA lING lheteo.n erected a single brick naell type dweLUrI!;, said premises being knOWn JIld llUD:bercd u Number 3 E1mwood Collt'l. :.'t.' VERIFICA TlON DIANNE WHATLEY hereby states that she is NORTHEAST REGIONAL MANAGER ofCITlFINANCIAL MORTGAGE COMPANY, INC., mortgage servicing agent for the plaintiff in this matter, that she 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 her 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 DATE~ Islll'2=> CH;o~~ DIANNE WHATLEy ~ (::) ~ t ~ CI't (:; ~ ~ (") 0 t c w c:~ ;:;:,:t- -1'1 W -Ui:X-f ~ q1n. -;J - ~ ~~ ;;:: - Z~F:':: .~. Gv -J ~);t: N ~ CY r::C:~ ('-' F ~c :po. ;1>0 ~ c - ~~ z .. ~ c- '- \0 55 -< SHERIFF'S RETURN - REGULAR CASE NO: 2003-00340 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIFINANCIAL MORTGAGE CO INC VS LAMBERT RONALD E ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LAMBERT RONALD E the DEFENDANT , at 1331:00 HOURS, on the 28th day of January 2003 at 3 ELMWOOD COURT CAMP HILL, PA 17011 by handing to STAR LAMBERT 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 8.97 .00 10.00 .00 36.97 .r~~~ R. Thomas Kline 01/29/2003 FEDERMAN & PHELAN Sworn and Subscribed to before me this 36Jt day of By: ~/l h/ --' l Dep ty Sheriff A.D. ~Dto SHERIFF'S RETURN - REGULAR CASE NO: 2003-00340 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIFINANCIAL MORTGAGE CO INC VS LAMBERT RONALD E ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PATRICK MARIAN the DEFENDANT , at 1331:00 HOURS, on the 28th day of January , 2003 at 3 ELMWOOD COURT CAMP HILL, PA 17011 by handing to STAR LAMBERT 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: 6.00 .00 .00 10.00 .00 16.00 .rJ1:-t'~C&~'~~ R. Thomas Kline 01/29/2003 FEDERMAN & PHELAN Sworn and Subscribed to before By: ~ tvL. j Deputy Sheriff me this day of SHERIFF'S RETURN - REGULAR CASE NO: 2003-00340 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIFINANCIAL MORTGAGE CO INC VS LAMBERT RONALD E ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LAMBERT STAR D the DEFENDANT , at 1331:00 HOURS, on the 28th day of January 2003 at 3 ELMWOOD COURT CAMP HILL, PA 17011 by handing to STAR LAMBERT 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: 6.00 .00 .00 10.00 .00 16.00 '/"" <0;:;" ~..~ / ...."~ l~I/'f/" .. ~./:. .~..,,,,..... ~".'[ WlfI" _~~''''.'_._'''':O''-;;>'7':,-...~::,~;~.../ ,~ '" "'-. "'~,..- .~ .....1 ~- '/ R. Thomas Kline 01/29/2003 FEDERMAN & PHELAN Sworn and Subscribed to before 3D i {,. c( 003 By: 4 ~ w_____ I Deput6 Sheriff me this day of A.D. 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, P A 19103-1814 (215) 563-7000 Citifinancial Mortgage Company A TTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Ronald E. Lambert Marian R. Patrick Defendant( s) No. 03-340 PRAECIPE TO THE PROTHONOTARY: 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. X Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date:~ ~ f11JJ' Francis S. Hallinan, Esquire Attorney for Plaintiff PHS# 66522 ~ c::;" 0'" '8 ...-\ \ s;- -;P'" :P --- - . . o ~ ~ -,-., ~~ \, \1> ':Y:lt:( 'S~;1~ ":'). ~, '0 A :z :q, ..... o Cf"