HomeMy WebLinkAbout04-3503FEDERMAN 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
U.S. BANK, N.A.P.O. BOX 20005
4801 FREDERICA STREET
OWENSBOROUGH, KY 42301
COURT OF COMMON PLEAS
CIVIL DIVISION
Plaintiff
WILLIAM C. PALMERO
A/K/A WILLIAM CHRISTOPHER PALMERO
389 CROSSWOOD SCHOOL ROAD
CARLISLE, PA 17103
TEILM
CUMBERLAND COUNTY
KATHY A. PALMERO
A/K/A KATHY ANN PALMERO
389 CROSSWOOD SCHOOL ROAD
CARLISLE, PA 17103
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 fights 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#: 95998
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
WR/TTEN VERIFICATION THEREOF;
OTHERWISE, THE DEBT WILL BE ASSUMED TO
BE VALID. LIKEWISE, 1F 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.
Fi/e#: 95998
Plaintiff is
U.S. BANK, N.A.
P.O. BOX 20005
4801 FREDERICA STREET
OWENSBOROUGH, KY 42301
The name(s) and last known address(es) of the Defendant(s) are:
WILLIAM C. PALMERO
A/K/A WILLIAM CHRISTOPHER PALMERO
389 CROSSWOOD SCHOOL ROAD
CARLISLE, PA 17103
KATHY A. PALMERO
A/K/A KATHY ANN PALMERO
389 CROSSWOOD SCHOOL ROAD
CARLISLE, PA 17103
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
On 11/30/1989 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to WASHINGTON SQUARE MORTGAGE COMPANY which
mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in
Mortgage Book No. 960, Page 637. By Assignment of Mortgage recorded 8/17/1990 the
mortgage was assigned to FARM & HOME SAVINGS ASSOCIATION, INC which
Assignment is recorded in Assignment of Mortgage Book No. 382, Page 377.
PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing
an assignment of same.
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 04/01/2004 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#: 95998
The following amounts are due on the mortgage:
Principal Balance
Interest
03/0 l/2004 through 07/19/2004
(Per Diem $18.18)
Attorney's Fees
Cumulative Late Charges
11/30/1989 to 07/19/2004
Cost of Suit and Title Search
Subtotal
$68,884.80
2,563.38
1,250.00
150.00
$ 550.O0
$ 73,398.18
Escrow
Credit 0.00
Deficit 604.76
Subtotal $ 604.76
TOTAL $ 74,002.94
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 Sheriffs
Sale. If the Mortgage is reinstated prior 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
ur an authorized consumer credit counseling agency, or has/have been denied assistance
by the Pennsylvania Housing Finance Agency.
This action does not come under Act 6 of 1974 because the original mortgage amount
exceeds $50,000.
WHEREFORE, PLAINTIFF demands an ~ rem Judgment against the Defendant(s) in the sum of
$ 74,002.94, together with interest from 07/19/2004 at the rate of $18.18 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.
FEDERMAN~,ND PHELAN, LLP / ,/ /r~/,7
FRANK FEDER/VIAN, ESQUIRE
LAWRENCE T. PHELAN, ESQUIRE
FRANCIS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
File #: 95998
PREI4ISES BEING: 389 CROSS~OOD SCHOOL ROAD
VERIFICATION
FRANCIS S. HALLINAN, ESQUIRE hereby states that he is 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 he is 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 its
knowledge, information and belief. Furthermore, it is counsel's intention to substitute a
verification from Plaintiffas soon as it is received by counsel.
The undersigned understands that this statement is made subject to the penalties of 18 Pa.
C. S. Sec. 4904 relating to unswom falsifications to authorities.
Francis S. Hallinan, Esquire
Attorney for Plaintiff
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-03503 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
U S BANK NA
VS
PALMERO WILLIAM C ET AL
VALERIE WEARY ,
Cumberland County, Pennsylvania,
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
the
attested copy of COMPLAINT - MORT FORE
together with
says, the within COMPLAINT - MORT FORE was served upon
PALERMO WILLIAM C AKA WILLIAM CHRISTOPHER PALMERO
DEFENDANT , at 1929:00 HOURS, on the 6th day of August
at 389 CROSSROAD SCHOOL ROAD
NEWVILLE, PA 17241 by handing to
WILLIAM PALMERO
a true and
2004
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 6.66
Affidavit .00
Surcharge 10.00
.00
34.66
Sworn and Subscribed to before
me this 3/~ day of
So Answers:
R. Thomas Kline
08/09/2004
FEDERMAN & PHELAN
By:
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-03503 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
U S BANK NA
VS
PALMERO WILLIAM C ET AL
VALERIE WEARY , Sheriff or Deputy Sheriff of
Cun~erland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
PALMERO KATY A AKA KATHY AiVN PALMERO
DEFENDA/~T at 1929:00 HOURS, on the
at 389 CROSSROAD SCHOOL ROAD
NEWVILLE, PA 17241
KATHY PALMERO
a true and attested copy of
6th day of August
by handing to
the
, 2004
COMPLAINT - MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6
Service
Affidavit
Surcharge 10
16
00
00
00
00
00
00
Sworn and Subscribed to before
me this 3/~__ day of
So Answers:
R. Thomas Kline
0s/09/2004
FEDERMAN & PHELAN
By:
De pu~-y' She ri f f
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
U.S. BANK, N.A.
VS,
Plaintiff
Court of Common Pleas
CUMBERLAND County
No. 04-3503-CIVIL
WILLIAM C. PALMERO, A/K/A WILLIAM CHRISTOPHER PALMERO
KATHY A. PALMERO, A/K/A KATHY ANN PALMERO
Defendant(s)
PRAECIPE TO WITHDRAW COMPLAINT, WITHOUT PREIUDICE ,
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.
Date
Frank Federman, Esquire
Lawrence T. Phelan, Esquire
Francis S. Hallinan, Esquire
Attorneys for Plaintiff