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HomeMy WebLinkAbout04-6118 FEDERMAN PHELAN, LLP 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 CITIBANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF THE CENDANT MORTGAGE CORPORATION MORTGAGE P ASS-THROUGH CERTIFICATE SERIES 2002-B 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 04- (,( I ~ G:v~ TZ- Plaintiff v. CUMBERLAND COUNTY KAREN L. SWEGER 2701 SPRING ROAD CARLISLE, PA 17013 Defendant 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 ELIGIDLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9 I 08 File #: 107459 File #: 107459 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 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. 1. Plaintiff is CITIBANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF THE CENDANT MORTGAGE CORPORATION MORTGAGE PASS-THROUGH CERTIFICATE SERIES 2002-B 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known addressees) of the Defendant(s) are: KAREN L. SWEGER 2701 SPRING ROAD CARLISLE, P A 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 06/27/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CENDANT MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1763, Page: 3850. By Assignment of Mortgage recorded 2/24/03 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 3554, Page 694. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2004 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 #: 107459 6. The following amounts are due on the mortgage: Principal Balance Interest 06/01/2004 through 12/04/2004 (Per Diem $18_99) Attorney's Fees Cumulative Late Charges 06/27/2002 to 12/04/2004 Cost of Suit and Title Search Subtotal $97,672.64 3,551.13 1,250.00 456.46 $ 550.00 $ 103,480.23 Escrow Credit Deficit Subtotal 0.00 345.47 $ 345.47 TOTAL $ 103,825.70 7. 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. 8. 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 authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 103,825.70, together with interest from 12/04/2004 at the rate of$18.99 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 PHELAN, LLP 4#-/~./'~' ~f~ By: IsIFrancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 107459 .. ALL THAT CERTAIN impr<wcd lot of ground situate in the Township of North Middleton. County of Cumberland and State ofPcnnsylvania, more particularly bounded and dcscn"bed as follows: BEGINNING at a point in the ~er of the Carlisle-Carlisle Springs Road (penna. Route No. 34), said point being 1,736.13 &:et in a Northerly direction from the center of a 21.8 feet bridge known as the Wertz Run Bridg6>; thence North 21 degrees 20 minutes East along the center line of said road a distance of 66.61. feet to a point; theace South 68 degrees 40 minutes Bast through a stake 20 feet from. the said l~ mentioned point, and along other property now or formerly of R.E. and Mary A. Best, a dis b.nce of 220.6 feet to a stake; thence South 21 degr~ 20 minutes West along same a distance o~ 65.67 feet to a stake: thence North 68 degrees 40 minutes West along same and through a suJac 20 feet from said center line of said road a distance of 220.6 feet to a point. the place ofBEG~G. PROPERTY BEING: 2701 SPRING ROAD .. VERIFICATION MARC J. HINKLE hereby states that he is V.P. ofCENDANT MORTGAGE CORPORATION mortgage servicing agent 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. k# DATE: /~a1~ ~ (-) ~ 0 L"::> C (,:,..) "0 ~. --I ~ ~ a :r. -_I ra ~ " I'. f'."t ("I.,!. C") i f-'" -r--,rn , .,')) '-. ~ " ,. --J '~:)o V) e ," -.,.i -r', ...." "" oJ ~}?j I:::::l -\ .- C. ~ :,-nl ..0 -.f) ~ ..J.:-"( 1'.) ',,) "\. ~ .. ~:;j c,..- . =2 Ul (j \.U -.;.: . PHELAN HALLINAN & SCHMIEG, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., rd. No. 62695 Daniel G. Schmieg, Esq., rd No. 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff CITIBANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF THE CENDANT MORTGAGE CORPORATION MORTGAGE PASS-THROUGH CERTIFICATE SERIES 2002-B Plaintiff Court of Common Pleas CUMBERLAND County No. 04-6118 CIVIL vs. KAREN 1. SWEGER Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT, 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. I f7/0'7 Dat I By: ~~S ~_ Lawrence T. Phelan, Esq. I Francis S. Hallinan, Esq. Daniel G. Schmieg, Esq. Attorneys for Plaintiff ..., rri co I \,,0 j:'" -~~ ~ SHERIFF'S RETURN - REGULAR CASE NO: 2004-06118 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK NA VS SWEGER KAREN L LARRY ZEIGLER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SWEGER KAREN L the DEFENDANT I at 1200:00 HOURS, on the 15th day of December, 2004 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE I PA 17013 by handing to KAREN L SWEGER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 .00 .00 10.00 .00 28.00 So Answers: ;~f:1C:~-:.~~~~ R. Thomas Kline 12/17/2004 FEDERMAN & PHELAN ) _-"1 ,I Sworn and Subscribed to before By: ( ..------ \,;----> (, Deputy She i ~ me this /0 - day of /~ ') ./ ( ll;~AJ""~) vc:~~ -7 ~]~ Q 'rYuieL' ,~ . rothonotary A.D.