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HomeMy WebLinkAbout08-0425PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 SHEETAL R. SHAH-JANI, ESQ., Id. No. 81760 JUDITH T. ROMANO, ESQ., Id. No. 58745 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 169303 CITIMORTGAGE, INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 Plaintiff V. DEBRA ANN STURTZ EVE CHANCE 210 WEST MAIN STREET WALNUT BOTTOM, PA 17266 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. OS' eJv) l `?'c ri?ti CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 169303 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 #: 169303 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 #: 169303 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 #: 169303 Plaintiff is CITIMORTGAGE, INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 2. The name(s) and last known address(es) of the Defendant(s) are: DEBRA ANN STURTZ EVE CHANCE 210 WEST MAIN STREET WALNUT BOTTOM, PA 17266 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 03/31/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR PENNSYLVANIA BANKING CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1945, Page: 2913. 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 #: 169303 5. 6 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2007 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 $124,323.72 Interest $4,028.96 08/01/2007 through 01/16/2008 (Per Diem $23.84) Attorney's Fees $1,325.00 Cumulative Late Charges $308.28 03/31/2006 to 01/16/2008 Cost of Suit and Title Search $550.00 Subtotal $130,535.96 Escrow Credit $0.00 Deficit $429.49 Subtotal 429.49 TOTAL $130,965.45 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 #: 169303 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 #: 169303 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 $130,965.45, together with interest from 01/16/2008 at the rate of $23.84 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 By: g10 1 FRAN S S. HALLINA , ESQUIRE DANILYL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL R. SHAH-DANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File #: 169303 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land in South Newton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of the State Highway at line of property which was about to be conveyed as recited in Deed D-17, Page 33, to Royce E. McBeth and wife, which point is 500 feet in a southwesterly direction from the School House lot; and extending thence along the McBeth property, north 37 degrees west, 250 feet to a point at line of other lands now or formerly of Levi Rodney Naugle and Betty Jane Naugle; thence by the same south 52 degrees 30 minutes west, 75 feet to a line of lands now or formerly of Cecil Goodhart and wife; thence by the same south 37 degrees east, 250 feet to a point in the center of the State Highway; thence by the same north, 52 degrees 30 minutes east, 75 feet to a point, the place of BEGINNING. The above described property is sold subject to restrictions of record BEING the same premises which Patrick L. Naugle and Linda N. Tritt, as Executors of the Estate of Levi Rodney Naugle, by the deed dated March 15, 2000, recorded Cumberland County, Pennsylvania Deed Book 217, Page 863, granted and conveyed unto Cheryl L. Zweitzig, a/k/a Cherly L. Zweitzig, Grantor herein. PARCEL No: 41-32-2292-025 PROPERTY BEING: 210 WEST MAIN STREET File #: 169303 VERIFICATION I hereby state that I am the 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 I am 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 my 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. Vb?'?) -( 4 VUJA? A o ey for Plaint' DATE: 1 0 g ?'°? hJ 11 V f l - T l:sj ? q rc A S A n CI N h LAi SHERIFF'S RETURN - REGULAR CASE NO: 2008-00425 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS STURTZ DEBRA ANN ET AL JESSICA HERMANSEN , Sheriff or DeputylSheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon STURTZ DEBRA ANN the DEFENDANT , at 1847:00 HOURS, on the 23rd da of January 2008 at 210 WEST MAIN STREET WALNUT BOTTOM, PA 17266 by handi g to DEBRA STURTZ a true and attested copy of COMPLAINT - MORT FORE) together with and at the same time directing Her attention to toe contents thereof. ?laa/o8 ?., .00 41.44 01/24/2008 PHELAN HALLINAN SC MIEG Sworn and Subscibed to By: )uy flu) before me this day D Vp? Y "Sheri of A.D. Sheriff's Costs: So Answers: Docketing 18.00 Service 13.44'~ Affidavit 00 - Surcharge 10.00 R. Thomas Kline IL T- I SHERIFF'S RETURN - REGULAR CASE NO: 2008-00425 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS STURTZ DEBRA ANN ET AL JESSICA HERMANSEN , Sheriff or DeputylSheriff of Cumberland County,Pennsylvania, who being duly sw rn according to law, says, the within COMPLAINT - MORT FORE was se ved upon CHANCE EVE the DEFENDANT , at 1847:00 HOURS, on the 23rd day of January 2008 at 210 WEST MAIN STREET WALNUT BOTTOM, PA 17266 by handi g to DEBRA STURTZ, ROOMMATE 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 lla91pFq- So Answers: 6.00 .00 .00 10.00 R. Thomas Kline .00 16.00 01/24/2008 PHELAN HALLINAN SC IEG Sworn and Subscibed to By: before me this day Depu Sher-if i of A.D.