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Home My WebLink About04-2994FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF CITIFINANCIAL MORTGAGE COMPANY, INC,, F/IGA FORD CONSUMER DISCOUNT COMPANY 8333 RIDGE POINT DRIVE ATTN: AVCO UNIT IRVING, TX 75063 Plaintiff JAY B. HOLLAND AMY J. HOLLAND A/IOtA AMY J. RICH 313 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065 COURT OF COMMON PLEAS CIVIL DIVISION TERM No. CUMBERLAND COUNTY THE UNITED STATES OF AMERICA c/o The United States Attorney for the Middle District of Pennsylvania 1164 Federal Building 228 Walnut Street Harrisburg, PA 17101 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 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 VER/FICATION 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. 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. Plaintiff is CIT1FINANCIAL MORTGAGE COMPANY, 1NC., F/K/A FORD CONSUMER DISCOUNT COMPANY 8333 RIDGE POINT DRIVE ATTN: AVCO UNIT IRVING, TX 75063 The name(s) and last known address(es) of the Defendant(s) are: JAY B. HOLLAND AMY J. HOLLAND A/K/A AMY J. RICH 3 l 3 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 09/27/1995 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 Mortgage Book No. 1284, Page 234. 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 03/01/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon Ihilure 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 #: 94586 The following amounts are due on the mortgage: Principal Balance Interest 02/01/2004 through 06/24/2004 (Per Diem $13.03) Attorney's Fees Cumulative Late Charges 09/27/1995 to 06/24/2004 Cost of Suit and Title Search Subtotal $39,404.17 1,889.35 1,250.00 50.57 $ 550.00 $ 43,144.09 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $ 43,144.09 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 pr/or to the Sale, reasonable attorney's fees will be charged. 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 author/zed consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. The United States of America is made a Defendant herein pursuant to 28 U.S.C. 2410, because of federal tax liens that have been filed with the Prothonotary of CUMBERLAND County in the Judgment Index Unit as follows: (a) United States vs. JAY B. HOLLAND; No. 1995-6919FTL; filed 12/5/95; $35,514.73. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 43,144.09, together with interest from 06/24/2004 at the rate of $13.03 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale oftbe mortgaged property. FEDERM~ AND PHIALS, LLP, s By: rs/Francis S. Ha]limn FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 94586 PP.I~ISE5 BEING: 313 ZION ROAD VERIFICATION TERESA SKINNER hereby states that she is NORTHEAST REGIONAL MANAGER of C1TIFINANC1AL MORTGAGE COMPANY, INC., mortgage servicing agent for the plaintiffin this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are tree and correct to the best of her 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 falsification to authorities TERESA SK1NNER D^TE7 SHERIFF'S RETURN - REGULAR CASE NO: 2004-02994 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIFINANCIAL MORTGAGE COMPANY VS HOLLAND JAY B ET AL RON KERR , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE HOLLAND AMY J AKA AMY J RICH DEFENDANT at 1951:00 HOURS, on the at 542A CRISWELL DRIVE EXT BOILING SPRINGS, PA 17007 AMY J HOLLAND a true and attested copy of COMPLAINT was served upon 15th day of July the , 2004 by handing to - MORT PORE ~ogether with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 20.44 07/16/2004 FEDERMAN & PHELAN Sworn and Subscribed to before me this ~/~-~ day of By: Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2004-02994 P COMMONWEALTH OF PENT, SYLVANIA: COUNTY OF CUMBERLAND CITIFINA~NCIAL MORTGAGE COMPANY VS HOLLAND JAY B ET AL SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE HOLLJ~ND JAY B DEFENDANT at 1018:00 HOURS, on the at ONE COURTHOUSE SQUARE ~ARLISLE, PA 17013 JAY HOLLAND a true and attested copy of COMPLAINT was served upon 7th day of July the , 2004 by handing to - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service .00 Affidavit .00 Surcharge 10.00 .00 28.00 Sworn and Subscribed to before me this J/~- day of ~Pz'othonotary ~ ; So Answers: R. Thomas Kline 07/16/2004 FEDERMAN & PHELAN FEDERMAN AND PHELAN, LLP By: Frank Federman, Esquire I.D. No. 12248 Lawrence T. Phelan, Esquire I.D. No. 32227 Francis S. Hallinan, Esquire I.D. No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff CITFINANCIAL MORTGAGE COMPANY, INC., F/I~A FORD CONSUMER DISCOUNT COMPANY VS. Plaintiff Cortrt of Common Pleas Cumberland County No. 04-2994 JAY B. HOLLAND AMY J. HOLLAND A/K/A AMY J. RICH, et.al. Defendant(s) PRAECIPE TO WITHDRAW COMPLAINTt WITHOUT PREJUDICE, AND DISCONTINUE AND END TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter,, without prejudice, and mark this case discontinued and ended, upon payment of your costs only. Frank Federman, Esquire Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Attorneys for Plaintiff