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Home My WebLink About01-6376FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE, INC. 27555 FARMINGTON ROAD FARMINGTON HILLS, MI 48334-3357 Plaintiff DONNA J. FINNEFROCK 622 FOURTH STREET NEW CUMBERLAND, PA 17070 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM No. oi -/,27/- CUMBERLAND COUNTY 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 thc 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 COLrNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 626072585/BCF 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. Plaintiffis CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE, INC. 27555 FARMINGTON ROAD FARMINGTON HILLS, MI 48334-3357 The name(s) and last known address(es) of the Defendant(s) are: DONNA J. FINNEFROCK 622 FOURTH STREET NEW CUMBERLAND, PA 17070 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 7/15/93 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FLEET REAL ESTATE FUNDING CORP., which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1151, Page 323. By Assignment of Mortgage dated 8/14/98, the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 591, Page 198. 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 4/1/01 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 Interest 3/1/01 through 10/1/01 (Per Diem $13.55) Attorney's Fees Cumulative Late Charges 7/15/93 to 10/1/01 Cost of Suit and Title Search Subtotal $65,991.04 2,913.25 1,000.00 153.96 550.00 $70,608.25 Escrow Credit 0.00 Deficit 559.65 Subtotal $ 559.65 TOTAL $71,167.90 9. 10. 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c. 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 $71,167.90, together with interest from 10/1/01 at the rate o f $13.55 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. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ALL THAT CERTAIN .piece or parcel of land situate in the Borough of New 6~N3erland, c~nberland Cowry, pe~msylvania~ more particularly bom~ded and described as follows, to wit: BEGINNING at a point on the southert~ line of Fourth Street: said point being twenty-five (25) feet in an easterly direction from Ros~nt Avenue; thence in a southerly direction along the line of Lot No. 19, Section H, of the hereinafter mentioned plan of lots, and through the center of the partition wall of a double two-story brick and frame dwel]in~ house, one hundred forty (140) feet to Ruby Avenue: thence in an essterly direction along the northern li~%e of RUby Avenue twenty-five (25) feet to a point: thence in a northe.'ly direction along the line of Lot No. 21, Section H, of the hereinafter i~ntioned plan of lots one hundred forty (140) feet to Fourth Street; thence in a westerly direction along the southern line of Fourth Street twenty-five [25) feet to the pi'ace of B~G1NNING. BEING improved with the eastern half of a double two-story brick and frame dwelling house and hein~ Lot No. 20, Section H of the Buttorff Plan of Lots recorded in the Reoorder's Office at Carlisle, PA, in Deed Book "N", volt~ne 5, PaGe 498; and being known and nunbered as 622 Fourth Street, New Cumberland, Pennsylvania. VERIFICATION PERRY POLLARD hereby states that he is MANAGER of CITIMORTGAGE, INC. mortgage 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 understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsi~ SHERIFF'S RETURN - CASE NO: 2001-06376 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC ET AL VS FINNEFROCK DONNA J REGULAR SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FINNEFROCK DONNA j the DEFENDANT , at 2120:00 HOURS, at 518 W SIMPSON STREET on the 14th day of November , 2001 MECHANICSBURG, PA 17055 DONNA FINNEFROCK a true and attested copy of by handing to COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.85 Affidavit .00 Surcharge 10.00 .00 33.85 Sworn and Subscribed to before me this ~&~ day of ~g~ ~ ! A.D. -/ /Pro~ho~otary ' ' So Answers: R. Thomas Kline 11/15/2001 FEDERMAN AND PHELAN By: Frank Federman, Esquire Atty. I.D. No.: 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE, INC. Plaintiff VS. DONNA J. FINNEFROCK Defendant(s) Court of Common Pleas CUMBERLAND County No. 01-6376 CIVIL PRAECIPE TO WITHDRAW COMPLAINT WITHOUT PREJUDICE AND SETTLE~ DISCONTINUE AND END TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark this matter settled, discontinued and ended, upon payment of your costs only. Date Frank Federman Attorney for Plaintiff