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HomeMy WebLinkAbout12-1694A j) 1' 0N0TAR L."?a'MAR 16 Ar, 10: 33 r UMBERLAND COUNT` PENNSYLVANIA Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Ll CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE PHELAN HALLINAN & SCHMIEG, LLP Christina C. Viola, Esq., Id. No.308909 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 289225 CTTIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 v. Plaintiff FRED BASKIN ROXANNE BASKIN 312 LAMP POST LANE CAMP HILL, PA 17011-1460 File #: 289225 b37S 0,01 (1tpk5iS PAaIaSoa 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 289225 1. Plaintiff is CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 2. The name(s) and last known address(es) of the Defendant(s) are: FRED BASKIN ROXANNE BASKIN 312 LAMP POST LANE CAMP HILL, PA 17011-1460 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 01/14/2005 FRED BASKIN and ROXANNE BASKIN 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 1895, Page 71.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 attach documents to pleadings if those documents are of public record. 4. 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 10/01/2011 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 #: 289225 6. The following amounts are due on the mortgage as of 01/29/2012: Principal Balance $167,571.32 Interest $3,865.04 09/01/2011 through 01/29/2012 Late Charges $301.07 Subtotal $171,737.43 Escrow Credit 39.91 TOTAL $171,697.52 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(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 pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974 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. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $171,697.52, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. P LAN LLINAN & SCHMIEG, LLP By: Chris ma C. Viola, Esquire Attorney for Plaintiff File #: 289225 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of Hampden, County of Cumberland, and State of Pennsylvania, more particularly described as follows, to wit: BEGINNING at a point on the northeastwardly side of Lamp Post Lane at the dividing line between Lots Nos. 16 and 17, Block D of the hereinafter mentioned plan; thence continuing along the northeast side of Lamp Post Lane by an arc curving to the left having a radius of seven hundred sixty-two and thirty-four hundredths (762.34) feet a distance of twenty-nine and fifty- eight hundredths (29.58) feet continuing along same North fifty-four degrees fifty minutes West (N 54 degrees 50 minutes W) seventy and forty-two hundredths (70.42) feet to the dividing line between Lots Nos. 17 and 18, Block D of the Plan; thence by said dividing line North thirty-five degrees ten minutes East (N 35 degrees 10 minutes E) one hundred fifty-five and eleven hundredths (155.11) feet, more or less, to the southwesterly bank of the Condoguinet Creek; thence by same South fifty degrees thirty-one minutes East (S 50 degrees 31 minutes E) one hundred six and three hundredths (106.03) feet to the dividing line between Lots Nos. 16 and 17, Block D of the Plan; thence by said dividing line South thirty-seven degrees twenty-three minutes twenty-four seconds West (S 37 degrees 23 minutes 24 seconds W) one hundred forty- seven and seventy-nine hundredths (147.79) feet to a point on the northeast side of Lamp Post Lane, the place of BEGINNING. BEING all of Lot No. 17, Block D Plan 4 of Pine Brooks as recorded in the Cumberland County Recorder's Office in Plan Book 15, page 41. TAX PARCEL NO. 10-20-1848-047 File #: 289225 312 Lamp Post Lane, Camp Hill, PA Being the same premises granted and conveyed to Mortgagors herein by deed from Anne P. Valsing, single person, deed dated January 13, 2005, intended to be recorded herewith. PROPERTY ADDRESS: 312 LAMP POST LANE, CAMP HILL, PA 17011-1460 PARCEL # 10-20-1848-047 File #: 289225 VERIFICATION Dan Fitzgerald hereby states that he/she is Document Control OMW of, CITIMORTGAGE, INC., Plaintiff in this matter and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: Name: Dan Fitzgerald 2 ? 2 g 12 Title: DocunWO C©nwi Ofter File#: 289225 Name: BASKIN Attorney File No.: 289225 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Citimortgage, Inc vs. Fred Baskin (et al.) ?12 HF 30 All 11: `a l i I'?6 t S_ f C,') i i PBF'SYDAHli Case Number 2012-1694 SHERIFF'S RETURN OF SERVICE 03/19/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Fred Baskin, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 03/19/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Roxanne Baskin, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 03/20/2012 08:17 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on March 20, 2012 at 2017 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Fred Baskin, by making known unto himself personally, at 312 Lamp Post Lane, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SkAIWGUTER-IALL, DEPUTY 03/20/2012 08:17 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on March 20, 2012 at 2017 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Roxanne Baskin, by making known unto Fred Baskin, Husband of Defendant at 312 Lamp Post Lane, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. A1 W UTSHA , EPUTY 03/22/2012 02:19 PM - Dauphin County Return: And now March 22, 2012 at 1419 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Fred Baskin by making known unto himself personally, at 2101 N. 2nd Street, Harrisburg, Pennsylvania 17110 its contents and at the same time handing to him personally the said true and correct copy of the same. 03/22/2012 02:19 PM - Dauphin County Return: And now March 22, 2012 at 1419 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Roxanne Baskin by making known unto Fred Baskin, Spouse of Defendant at 2101 N. 2nd Street, Harrisburg, Pennsylvania 17110 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $100.00 March 28, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF of th e ?$4e, r r- ff William T. Tully Solicitor t Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. VS County of Dauphin FRED BASKIN Sheriff s Return No. 2012-T-0906 OTHER COUNTY NO. 2012-1694 And now: MARCH 22, 2012 at 2:19:00 PM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon FRED BASKIN by personally handing to FRED BASKIN 1 true attested copy of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 2101 N. 2ND ST. HARRISBURG PA 17110 Sworn and subscribed to before me this 23RD day of March, 2012 -)P*Z COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County M Commission Expires August 17, 2014 So Answers, e?41c- Sheriff of Da hin Coun a. By Deputy Sheriff Deputy: WILLIAM T SNYDER Sheriffs Costs: $66.5 3/21/2012 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 I i < t, Attorney For Plaintiff One Penn Center Plaza H", 01 ; Philadelphia, PA 19103 g 215-563-7000 ' 12 M I't t t?' 4i CITIMORTGAGE, INC. R L JQNYq AMRO MORTGAGE GROUPP $ Y LVA N I ? Plaintiff vs FRED BASKIN ROXANNE BASKIN Defendant PR AECIPE TO THE PROTHONOTARY: T:' I Court of Common Pleas : I Civil Division : CUMBERLAND County : I No. 2012-1694 CIVIL X 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 the in rem judgment Satisfied and the action Discontinued and Ended. Date: / LLINAN & S G, UP By?HELAN Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., 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 Jenine 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 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 PHS9 289225 Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Court of Common Pleas Plaintiff Civil Division vs CUMBERLAND County FRED BASKIN ROXANNE BASKIN No. 2012-1694 CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff's Praecipe was served by regular mail to the person(s) on the date listed below: FRED BASKIN ROXANNE BASKIN 312 LAMP POST LANE CAMP HILL, PA 17011-1460 Date: 7 By: Lawrence T. Phelan, Esq., Id. No.3'229-7-- Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg. Esq.. 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 Jenine 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.l. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman. Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett. Esq., Id. No. 208375 Allison F. Wells. Esq- Id. No. 309519 William E. Miller. Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 30891 Attorney for Plaintiff