The URL can be used to link to this page

Home My WebLink About07-4111PHELAN HALLINAN &SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 ~215~ 563-7000 1s76os CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE MAIL STATION O'FALLON, MO 63368-2240 v. Plaintiff LEE E. WALTER MELISSA R. WALTER 221 MAPLE LANE MECHANICSBURG, PA 17055 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 0~- ~ ~ ~ ~ CiYil ~ec'nn CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 167608 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 #: 157608 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 File #: 157608 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 #: 157608 1. Plaintiff is CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE MAIL STATION O'FALLON, MO 63368-2240 2. The name(s) and last known address(es) of the Defendant(s) are: LEE E. WALTER MELISSA R. WALTER 221 MAPLE LANE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/09/2005 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR PRIMARY RESIDENTIAL MORTGAGE, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1919, Page: 0001. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2007 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 #: 157608 6 The following amounts are due on the mortgage: Principal Balance $132,214.64 Interest $3,187.20 02/01 /2007 through 07/ 10/2007 (Per Diem $19.92) Attorney's Fees $1,250.00 Cumulative Late Charges $289.20 08/09/2005 to 07/10/2007 Cost of Suit and Title Search 550.00 Subtotal $137,491.04 Escrow Credit $0.00 Deficit $913.81 Subtotal 913.81 TOTAL $138,404.85 7. 8 If the mortgage is reinstated prior to a Sheriff s Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriff s Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 157608 9. 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/liave been denied assistance by the Pennsylvania Housing Finance Agency. 10. 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 $138,404.85, together with interest from 07/10/2007 at the rate of $19.92 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. LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN LLINAN &SCHMIEG, L !~~ < By: /s antis S. Hallinan File #: 157608 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Township of Monroe, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING at a point on the Eastern side of Maple Lane on the dividing line between Lots Nos. 69 and 70 on the hereinafter mentioned Plan of Lots; thence by said dividing line, South 73 degrees 29 minutes East, one hundred ninety-nine and eighty-four one-hundredths (199.84) feet to a point; thence by the dividing line between Lots Nos. 67 and 69 on said Plan of Lots, South 21 degrees 59 minutes 20 seconds West, one hundred twenty-five (125) feet to a point; thence by the dividing line between Lots Nos. 68 and 69 on said Plan of Lots, North 67 degrees 44 minutes 30 seconds West, one hundred ninety-nine and forty-two one-hundredths (199.42) feet to a point on the Eastern side of Maple Lane; thence by the Eastern side of Maple Lane, North 22 degrees 15 minutes 30 seconds East, one hundred five (105) feet to the place of BEGINNING. BEING Lot No. 69 of Section'F' on the Plan of Lots known as Monroe Estates, as recorded in the Office of the Recorder of Deeds for Cumberland County, in Plan Book 23, at Page 177. BEING THE SAME PREMISES which William L. Blair and Donna Blair, husband and wife conveyed unto Terry L. Dornblaser and Susan E. Dornblaser, by deed dated June 1, 1985 and recorded July 19, 1985, in the Recorder's Office in and for Cumberland County, Pa., in Record Book J, Volume 31, Page 508. PARCEL#: 22-26-0227-026 PROPERTY BEING: 221 MAPLE LANE File #: 157608 VERIFICATION 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 of 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 its knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. ~~~~~ Francis S. Haliinan, Esquire Attorney for Plaintiff DATE: ~ ^ ~ ~p ~ '~ E7 C ?~ <'~ C:J -T f ~. ~_ ~ -- f`t7•-~ t ; ~" :7 00 ' Al A b .~ _ D ~ ~ ~ r~ --~ 0 SHERIFF'S RETURN - REGULAR „+ASE NO: 2007-04111 P f COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS WALTER LEE E ET AL ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WALTER LEE E DEFENDANT the at 1210:00 HOURS, on the 19th day of July 2007 at 20 W MAIN STREET MECHANICSBURG, PA 17055 by handing to LEE E WALTER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge ~~f~In'1 ~,.. / Sworn and Subscibed to before me this of So Answers: 18.00 9.60 .00 10.00 R. Thomas Kline .00 37.60 07/19/2007 PHALEN HALLINAN SCHMIEG By. day Dep y Sherif A.D. SHERIFF'S RETURN - REGULAR ;,SSE N0: 2007-04111 P f COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS WALTER LEE E ET AL ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon T.TTT TL~T7 ML'T.TCC21 n the DEFENDANT at 1210:00 HOURS, on the 19th day of July 2007 at 20 W MAIN STREET MECHANICSBURG, PA 17055 LEE WALTER by handing to HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 1 ~ 4 I ts'I ,/ 16.0 0 Sworn and Subscibed to before me this day of , So Answers: .~~~ l~ R. Thomas Kline 07/20/2007 PHELAN HALLINAN SCHMIEG BY ~ ~i 0-~~ ~..~ ~eputy Sheri 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, PA 19103-1814 ~215~563-7000 Citimortgage, Inc. Lee E. Walter Melissa R. Walter Plaintiff vs. Defendant(s) PRAECIPE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 07-4111 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. i ,~ Date: ~ / ~ Francis S. allinan, Esquire Attorney for Plaintiff PHS# 157608 a.._ 7 ~ "Ci T I :.: ~ ' ' ' ~ ~ ~T'1 x { ~ `~--- C (1 _ ~ ;_ . 1. _. F ~. "T.? 'r3 L i PC' tr~ -- C~ `+~ '` _ '_s ~ ~ G'~