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HomeMy WebLinkAbout08-6280IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION -LAW SUTTON FUNDING LLC PLAINTIFF VS CIVIL Division Case Number: ~ - CAROL L. CINGRANELLI DEFENDANT CERTIFICATE OF LOCATION 236 GREEN LANE DRIVE CAMP HILL, PA 17011 FAIRVIEW TOWNSHIP PARCEL No: 27-9-10 Type of Pleading Complaint in Mortgage Foreclosure Code and Classification: Filed on Behalf Of: Plaintiff Counsel of Record: Daniel J. Mancini, Esquire Attorney at Law 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 ~-~ By: DANIEL J. MANCINI, ESQ. a;' PA LD. No. 39353 ~~~. k° Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfirm@attorneydanielmancini.com IN TAE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA SUTTON FUNDING LLC CIVIL Division PLAINTIFF Case Number: VS CAROL L. CINGRANELLI DEFENDANT MORTGAGE FORECLOSURE CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE THIS FHtM 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 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 fiuther 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. Lawyer Referral Services, 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfirm@attorneydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA SUTTON FUNDING LLC CIVIL Division PLAINTIFF Case Number: VS CAROL L. CINGRANELLI DEFENDANT MORTGAGE FORECLOSURE AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSAPJO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARR DEFENDERSE ES NECESSAPJO QUE USTED, 0 SU ABOGADO, .REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION ONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU ARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y EQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. Lawyer Referral Services, 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancini lawfinn@attorneydanielmancini. com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA SUTTON FUNDING LLC CIVIL Division PLAINTIFF Case Number: VS MORTGAGE FORECLOSURE CAROL L. CINGRANELLI DEFENDANT 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 UNTI 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. Daniel J. Mancini, Esq. Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfirm@attorneydanielmancini.com IN TAE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA SUTTON FUNDING LLC CIVIL Division PLAINTIFF Case Number: o ~`' ~~ ~~ VS MORTGAGE FORECLOSURE CAROL L. CINGRANELLI DEFENDANT COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is: SUTTON FUNDING LLC, whose address is c/o Mancini & Associates, 201 A Fairview Drive, Monaca, PA 15061. 2. Defendant is CAROL L. CINGRANELLI, whose last known address is 236 GREEN LANE DRIVE, CAMP HILL, PA 17011. CAROL L. CINGRANELLI is the mortgagor and the recorded owner of the mortgaged property hereinafter described. 3. On or about, FEBRUARY 25, 2008, CAROL L. CINGRANELLI borrowed $ 187,500.00 and in the enforcement of said debt executed and delivered a mortgage upon the premises hereinafter described to the lender MERS AS NOMINEE FOR EQUIFIRST CORPORATION this mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County in Mortgage Record Book 1953, Page 8132. This mortgage and all instruments of assignment are incorporated herein by reference in accordance with Pa. R.C.P. 1019 (g).Your plaintiff, SUTTON FUNDING LLC is now the current owner of said mortgage, and the assignment evidencing this ownership will be sent for recording at a later date. 4. The land subject to the Mortgage is 236 GREEN LANE DRIVE, CAMP HILL, PA 17011 and is more particularly described in Exhibit "A", which is attached hereof and part of this Complaint. 5. The Mortgage is in default because monthly payments of principal and interest upon said mortgage due AUGUST 1, 2008, and each month thereafter are due and unpaid, and by the terms of said Mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. Unpaid Principal Balance $ 187,094.19 Delinquent Balance, including Interest at $46.65 per diem $ 4 722.85 From 07/01 /08 to 10/20/08 (based on contract rate of 9.10%) Rec. Corp. Adv. $ 000.00 Escrow Advance $ 000.00 Accrued Late Charges $ 144.74 Bad Check Fees $ 50.00 Attorney's Fee $ 9,354.71 Total $ 201,366.49 ** Together with interest at the per diem rate noted above after AUGUST 1, 2008 and other charges and costs to date of Sheriff s Sale. 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 in accordance with the reduction provisions of Act 6, if applicable, or that are actually incurred by Plaintiff. 6. No judgment has been entered upon said Mortgage in any jurisdiction. 7. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 or 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant on AUGUST 4, 2008, via certified and regular mail, in accordance with the requirements of those acts. 8. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 9. The Defendant has either failed to meet the time limitations as set forth under the Combined Act 6/91 Notice or have been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure `IN REM' for the aforementioned total amount due together with interest at the rate of 9.10% ($46.65 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff s Sale and for foreclosure and sale of the property within described. Daniel J. Mancini, Esq. Attorney Bar: PA 39353 Stt9wert Tltie Commitment Number: 208802002tiAf11C` SCHEDULE C ~o~Rnr Qesci~~rloN The land refereed to in this Commitment is described 9a failows: AI.L THAT CERTAIN pace ar pMroel of land situate in Fanvlew'Cowriehip, York Gounty, P~ennyrivanp~, bcunged and describeq as foflov~-m, to wit BEt31NMING et a poini vn the W~bem aide of ©reen lane Orive 1057.58 feet 3ottttt of the ~ comer of Juniper Dnve and Green i~irte Drive; thence slang the v~ern side of Green Lana DrNa South 06 degrees 39 minutes West a dletanoa of 72,0 feet to a point; thence thraugii i.ot No. 348 4n the hereinsf~er nlentlaled plan of Lots, North 83 degrees 2T ntinutga West a dhltaCtCe cN' 189.06 feet tp 4 palm at lands now or fomterly of the Estate of Anna M. Keiser; thence erong said panda new or f+onriorly of the Estes of Anne M. Kamer, North 03 degrees Z4 mintrbes Eeet n distance of 55.54 fast to a point at the fine of Lot No. 347 on 8re hereinaAer mantitmed Klan of Lot$ thanes saot~g Lot No. 347, North 77 degrees 6ii minu0ec East o dbtttttce of 5264 feet fo a point and Souk 83 degrpea ~ tninutss East a dbtattce of 122.33 feet trt a point on thQ rrestem line of Green Lane pave, the Piave of BEC3INNING. HEINC3 part of Lot No. 346, i'18n of an;fen lane Farms, Section 5, Cedar Cifff~ as raonnted in the YarK County Revonler of Duds t7QPice ~ Phan Book "p", page 37. HAVINQ IcRECTED THEREON a titiva story brick and alcrmtnum siding dwelling being knavm and numbirod as 236 Green Lary Dmre. Camp Hill, penn$ytrenta PARCt3L #K27-400-Q9.0010 ALTA CornmRnent Sdudule C Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfirm@attorneydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA SUTTON FUNDING LLC CIVIL Division PLAINTIFF Case Number: VS MORTGAGE FORECLOSURE CAROL L. CINGRANELLI DEFENDANT VERIFICATION Daniel J. Mancini, Esq., hereby states that he is the attorney 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 unsworn falsification to authorities. Further, counsel submits that Plaintiff is outside the court's jurisdiction and verification cannot be obtained with the time allowed for filing the pleading. It is counsel's intention to substitute a verification from Plaintiff. Dated this October 20, 2008 Daniel J. Mancini, Esq. Attorney Bar: Pa 39353 ~ '`*T ~ C. ~ ~t 0 , V ~t~~ s~ ; :~~ _~1 ~ . ~. .W , ~ ;~. _...- ~. _. -~