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HomeMy WebLinkAbout07-7099i? 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 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 163436 HSBC BANK USA, AS TRUSTEE IN TRUST FOR CITIGROUP MORTGAGE LOAN TRUST, INC., ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2003-HE3 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff V. LOUISE M. LAMOREAUX ROBERT L. LAMOREAUX 850 YVERDON DRIVE CAMP HILL, PA 17011 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 07 - 76 9q C,?? -T',,.- CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 163436 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 #: 163436 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 #: 163436 t 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 #: 163436 i . 1. Plaintiff is HSBC BANK USA, AS TRUSTEE IN TRUST FOR CITIGROUP MORTGAGE LOAN TRUST, INC., ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2003-HE3 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: LOUISE M. LAMOREAUX ROBERT L. LAMOREAUX 850 YVERDON DRIVE CAMP HILL, PA 17011 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/24/2000 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to THE CIT GROUP/CONSUMER FINANCE, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1635, Page: 730. By Assignment of Mortgage recorded 5/2/2002 the mortgage was Assigned To ALTEGRA CREDIT COMPANY A DELAWARE CORPORATION which Assignment is recorded in Assignment Of Mortgage Book No. 686, Page 4551. 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. File #: 163436 a. 5 6 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2007 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. The following amounts are due on the mortgage: Principal Balance $45,197.10 Interest $2,100.18 06/01/2007 through 11/21/2007 (Per Diem $12.07) Attorney's Fees $1,250.00 Cumulative Late Charges $95.59 08/24/2000 to 11/21/2007 Cost of Suit and Title Search 550.00 Subtotal $49,192.87 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $49,192.87 7 If the mortgage is reinstated prior to a Sheriffs 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 Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File #: 163436 8. 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. 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/have been denied assistance by the Pennsylvania Housing Finance Agency. File !l: 163436 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 $49,192.87, together with interest from 11/21/2007 at the rate of $12.07 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 & SCHMIE , By: /s rancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File M 163436 LEGAL DESCRIPTION ALL THAT CERTAIN piece of parcel of land situate in the Borough of Wormleysburg, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the westerly line of Yverdon Drive, which point is 110 feet South of the southwesterly corner of Rupley Road and Yverdon Drive, extended, and at dividing line between Lot Nos. 5 and 6, Block 'C', on the hereinafter mentioned Plan of Lots; thence along said dividing line, South 62 degrees 53 minutes West, a distance of 120 feet to a point; thence North 27 degrees 07 minutes West, a distance of 110.69 feet to a point on the southerly line of Rupley Road, aforesaid; thence along same on a curve to the left having a radius of 284.91 feet, an arc distance of 20.01 feet to a point; thence continuing along the same, North 62 degrees 53 minutes West, a distance of 90 feet to a point; thence in an arc having a radius of 10 feet in a southeasterly direction to the left, a distance of 15.71 feet to a point on the westerly line of Yverdon Drive, aforesaid; thence along the same, South 27 degrees 07 minutes East, a distance of 100 feet to a point, the pace of BEGINNING. BEING Lot No. 6, Block 'C' in Plan of Riverview West, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 10, Page 26. HAVING THEREON ERECTED a dwelling house known and numbered as 850 Yverdon Drive, Camp Hill, Pennsylvania, File #: 163436 BEING THE SAME PREMISES which Lois H. Musselman, widow, by Deed dated and recorded April 13, 1993 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book F, Volume 36, Page 459, granted and conveyed unto Lois H. Musselman, widow, and Louise M. Lamoreaux, married woman, as joint tenants with the right of survivorship. The Said Lois H. Musselman died October 30, 1998 thereby vesting sole title unto Louise M. Lamoreaux. PARCEL NUMBER 47-18-1302-091 File #: 163436 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. 4 J Latx-'? Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: i Z O LrIl y 1 (? JAC T t ' j 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 HSBC Bank USA, as trustee in trust for Citigroup Mortgage Loan Trust, Inc., asset Backed pass-through certificates series 2003-HE3 Plaintiff vs. Louise M. Lamoreaux Robert L. Lamoreaux Defendant(s) PRAECIPE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division : Cumberland County No. 07-7099-C. T. 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. r. Date: 1 0 Francis S. Ha linan, Esqui Attorney for Plaintiff PHS# 163436 f-N C N ? ?1"ir=: rT7 :13 f ` CASE NO: 2007-07099 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HSBC BANK USA VS LAMOREAUX LOUISE M ET AL WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE LAMOREAUX LOUISE M was served upon the DEFENDANT , at 1730:00 HOURS, on the 17th day of December-, 2007 at 850 YVERDON DRIVE CAMP HILL, PA 17011 ll/1T'1T1T1T T TTRIITI T'?T TTV by handing to ADULT IN CHARGE 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 18.00 Service 14.40 Affidavit .00 Surcharge 10.00 00 4 42.40 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 12/18/2007 PHELAN HALLINAN SCHMIEG By: Deputy Sheriff of A. D. CASE NO: 2007-07099 P at 850 YVERDON DRIVE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HSBC BANK USA VS LAMOREAUX LOUISE M ET AL WILLIAM Cline , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LAMOREAUX ROBERT L the DEFENDANT , at 1730:00 HOURS, on the 17th day of December-, 2007 CAMP HILL, PA 17011 ROBERT LAMOREAUX by handing to 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 RETURN - REGULAR 6.00 .00 .00 10.00 .00 16.00 Sheriff's Costs: Docketing Service Affidavit Surcharge /I/3 Sworn and Subscibed to before me this of day So Answers: R. Thomas Kline 12/18/2007 PHELAN HALLINAN SCHMIEG By: /,z,4 Deputy Sheriff A. D.