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Home My WebLink About09-1503I Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, IEsq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Flialkos, Esq., Id. No. 94620 1617 JFK Boulevard; Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 197541 ATTORNEY FOR PLAINTIFF CITIMORTGAGE INC SB/M ABN COURT OF COMMON PLEAS AMRO MORTGAGE GROUP INC. 5280 CORPORATE DRIVE CIVIL DIVISION MS1011 FREDERICK, MD ? 1703 TERM Plaintiff NO. Q f - /503 00 -/e"A V. CUMBERLAND COUNTY TODD L. TRAVITZ KARI R. TRAVITZ 8 JENNY DRIVE BOILING SPRINGSb PA 17007 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 197541 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 (717) 249-3166 File #: 197541 1. Plaintiff is CITIMORTQAGE INC SB/M ABN AMRO MORTGAGE GROUP INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 2. The name(s)sand last known address(es) of the Defendant(s) are: TODD L. TVITZ KAKI R. T VITZ 8 JENNY DRIVE BOILING SPRINGS, PA 17007 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/13/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1830, Page 1667. 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 lattach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage lis in default because monthly payments of principal and interest upon said mortgage due 08/01/2008 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 #: 197541 6. The following amounts are due on the mortgage: Principal Balance $124,981.81 Interest $4,205.88 07/01/2008 through 03/09/2009 (Per Diem $16.69) Attorney's Fees $1,325.00 Cumulative Late Charges $455.63 08/13/2003 to 03/09/2009 Cost of Suit and Title Search 750.00 Subtotal $131,718.32 Escrow Credit $0.00 Deficit $380.89 Subtotal 380.89 TOTAL $132,099.21 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 m the Action. Plaintiff is no seeking a judgment of personal liability (or an in personam judgment) against the Deendant(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 pursulant to Pennsylvania Law. File #: 197541 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 authorised consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $132,099.21, together with interest from 03/09/2009 at the rate of $16.69 per diem to the date of Judgment, and othler costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By. 00 -7 La e ce T. Phelan, Esq re Fran is S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire,/ Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Attorneys for Plaintiff File #: 197541 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situated in South Middleton Township, Cumberland County, Pennsylvania, more fully described as follows: BEGINNING at a point in the western dedicated right of way line of Jenny Drive at the dividing line between Lots 341 and 35 on the hereinabove mentioned subdivision plan; thence along said' dividing line South 02 degrees 00 minutes 37 seconds West 359.24 feet to a point; thence along the lands now or formerly of Paul M. Weaver North 37 degrees 56 minutes 34 seconds West 212.85 feet to a point; thence along the dividing line between Lots 30, 33 and 34 on said plan North 70 degrees 24 minutes 09 seconds East 411.41 feet to a point on the western dedicated right of way line of Jenny Drive; thence along said right of way line of a curve to the left with a radius of 1025 feet an arc distance of 150.13 feet (erroneously set forth in prior deed as 50.13) to a point, the Place of BEGINNING. CONTAINING68,154.7 Square feet exclusive of dedicated right of way. BEING further described as Lot No. 34 on the subdivision Plan of Phase 2 of Plan No. 3 for Joseph Manor, prepared by Stephen G. Fisher, R.S., dated November 1, 1990, and recorded in Cumberland County Phan Book 63, page 81. File #: 197541 I AND BEING the same tract of land that Raymond E. Diehl and Genevieve A. Diehl by Deed dated February 18, 1993 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book'N', Volume 35, Page 285, granted and conveyed unto M L Builders, Inc. PARCEL NO: 40-12-0344-099 PROPERTY BEING: 8 JENNY DRIVE File #: 197541 f 0 VERIFICATION I hereby state that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allo,?ed 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 r0ating to unsworn falsifications to authorities. orney for Plainti DATE: q File #: 197541 ?Y r. ? `,? N ? c j ? °? `? .,t?; ?? ?. ?, ? ?? -... ?. ter. %a;J n r, S rc ie Sheriffs Office of Cumberland County R Thomas Kline ,s«rt+? of?«brr??? Edward L op Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE ')F THE s' ERiFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/14/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Todd L. Travitz, but was unable to locate him in his bailiwicl He therefore deputized the Sheriff of Washington County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 03/14/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Kari R.. Travitz, but was unable to locate him in his bailiwicl He therefore deputized the Sheriff of Washington County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 03/17/2009 06:48 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 17, 2009 at 1848 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: todd L. Travitz, by making known unto Kari R. Travitz, adult in charge, at 8 Jenny Drive, Boiling Springs, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 03/17/2009 06:48 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 17, 2009 at 1848 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Kari R. Travitz, by making known unto Kari R. Travitz personally, at 8 Jenny Drive, Boilir Springs, Cumberland County, Pennsylvania its contents and at the same time handing to him personally tt said true and correct copy of the same. 04/06/2009 Washington County Return: And now, March 25, 2009 I, Samuel F. Romano, Sheriff of Washington Coun- Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Kari R. Travitz the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find her in the County of Washington and therefore return same NOT FOUND. 04/06/2009 Washington County Return: And now, March 25, 2009 I, Samuel F. Romano, Sheriff of Washington Courr Pennsylvania, do hereby, certify and return, that I made diligent search and inquiry for Todd L. Travitz the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find him in the County of Washington and therefore return same NOT FOUND. SHERIFF COST: $100.40 2009-1503 CITIMORTGAGE INC. April 06, 2009 VS TODD L. TRAVITZ SO A §W , R THOMAS KLINE, SHERIFF Deputy Sheriff OF THE PR0TP, $N,0TARY 2004 APR 13 AM 8' 5 8 i1EV gY P II Z r' f AF w 4 X 12 Y 21 AJ-1 S' 0`13) Phelan Hallinan & Schmieg, LLP Attorney For Plaintiff 1617 JFK Boulevard, Suite 14WLJ1'1BERLA, ND COU d One Penn Center Plaza 1'EI NSYLVAH11A Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP INC. Plaintiff vs TODD L. TRAVITZ KARI R. TRAVITZ Defendant TO THE PROTHONOTARY: Court of Common Pleas Civil Division CUMBERLAND County No. 09-1503-CIVIL TERM ® Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ? Please mark the above referenced case Settled, Discontinued and Ended. ? Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. ? Please mark e in rem judgment Satisfied and the action Discontinued and Ended. 'e?LINAN & SCHMIEG, LLP Date: ( Zi PHELAN 11 By: _ Dana Ostr y, Esq., Id. No.83921 to v for Plaintiff PHS # 197541 Phelan Hallinan & Schmieg, LLP Attorney For Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP INC. Court of Common Pleas Plaintiff Civil Division vs CUMBERLAND County TODD L. TRAVITZ KARI R. TRAVITZ No. 09-1503-CIVIL TERM Defendant CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: TODD L. TRAVITZ KARI R. TRAVITZ 8 JENNY DRIVE BOILING SPRINGS, PA 17007-9533 Date: By: Dana Ostro s , Esq., Id. No.83921 At rn for Plaintiff PHS # 197541