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Home My WebLink About05-0759 PHELAN HALLINAN & SCHMIEG, 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 CITIFINANCIAL MORTGAGE COMPANY, INC., F/K/A ASSOCIATES HOME EQUITY CONSUMER DISCOUNT COMPANY, INC. 8333 RIDGE POINT DRIVE A TTN: A VCO UNIT IRVING, TX 75063 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff NO, OS; - iq C-u'cl~~ v, CUMBERLAND COUNTY STEVEN E. TRACE WENDY J. TRACE 297 BONNYBROOK ROAD CARLISLE, PA 17013 Defendants 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 INFORMA nON ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMA nON 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)990-9 I 08 File #: 73406 File #: 73406 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. L Plaintiff is cITIFINANCIAL MORTGAGE COMPANY, INC., F/KJA ASSOCIATES HOME EQUITY CONSUMER DISCOUNT COMPANY, INC. 8333 RIDGE POINT DRIVE ATTN: AVCO UNIT IRVING, TX 75063 2, The name(s) and last known addressees) of the Defendant(s) are: STEVEN E. TRACE WENDY l TRACE 297 BONNYBROOK ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described, 3, On 07/25/2000 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, 1628, Page: 357, 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 08/3112004 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 #: 73406 6, The following amounts are due on the mortgage: Principal Balance Interest 07/31/2004 through 02/0812005 (Per Diem $22.40) Attorney's Fees Cumulative Late Charges 07/25/2000 '0 02/08/2005 Cost of Suit and Title Search Subtotal $87,256,67 4,323.20 1,250.00 0,00 $ 550.00 $ 93,379,87 Escrow Credit Deficit Subtotal 0,00 0.00 $ 0,00 TOTAL $ 93,379,87 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 ofIntention 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) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave 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 $ 93,379,87, together with interest from 02/08/2005 at the rate of $22.40 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. PHELAN HALLINAN & SCHMIEG, LLP , .~J:.~ By: ~s/Francis S, Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S, HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 73406 ALL THAT CEQ'rAIH lot or pa.rcel of land located in South Hiddletcl7CI\ TOwnship, Cwnberland County, Pennsylvania, more particularly bounded and de~ribed all foll0W8~ to wit. BEGINNING at II. poine marked at the intersection of lIonnyhrook Road (T-516) and Heiser Lane (T-S13), thence norch 35 degrees 5 m1nutell 10 seconds west along Jlonnybroolc Road, a cU.stance of 125 feet to an iron pin; thence north 76 de~s 19 minutes 10 seconds east along the boundary line Ixltween Lot 6 and " a distance of 222.94 feet to an iron pinJ thence south '5 degrees 6 minutes 21 seconds east along the boundaxy lino betwoeJl Lot 5 and 6, a distance of ISO feet to an iron pin; thence south 80 degrees 53 minutes 28 lIeconds west a10nq Heiser Lane, II. cU.stance of 186.34 teet to an iron pin, thence radius 25 feet, a distance of 27.94 feet to an iron pin, the place of BEGINNING. CON1'AIHING 29,113.98 s<,]U8re feet. Together with existinq d10lelling and. impntv...mentll thereon. BEING Lot NO. 6 of the Plan of Lots for Raymon4 E. Diehl, Genevieve A. Diehl, Ilonald 11:. Diehl An4 SU,;anMt Diehl, prepared by Staphen F. Pisher, and. dated Hovesaber 2, 1981, 'ltl1eh "1M 1. of PREMISES BEING: 297 BONNYBROOK ROAD - <' VF.RTFfCATTON Itf\E:)~ Sh1iVIVif\herebystates thathelshe is S.l.d ~I f\ f\ 't of C tI t fi\0 \\\J<:"\I1L mortgage servicing agent for Plaintiff in this matter, that he/she 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 /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 unsworn falsification to authorities. cRcVM4Idn~ DATE: !}-/Y/cS ~~ __ l::: l)- (> C> ~ Vc /--J 0-- 0- -0 -t.Q. ~ 8 -J r-:~ B, ---L.' ' ).:-' t:: 8 ',,' ." ...-, p"', \::<J - <;:) -I:' --<''' en C) SHERIFF'S RETURN - REGULAR . CASE NO: 2005-00759 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND - -~ CITIFINANCIAL MORTGAGE COMPANY VS TRACE STEVEN E ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon TRACE WENDY J t e DEFENDANT , at 2018:00 HOURS, on the 2nd day of March 2005 at 45 BALTIMORE STREET CARLISLE, PA 17013 by handing to WENDY TRACE - a true and attested copy of COMPLAINT - MORT FORE together with - and at the same time directing Her attention to the contents t ereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 3.70 .00 10.00 .00 19.70 #' ~"-.:...< R. Thomas Kline ~ .- ~ ..., 03/03/2005 PHELAN HALLINAN Sworn and Subscribed to before By: I ! .c:- me this '7 day of ~ ! a<. -~ 0,;7" A.D. ,.-t-' -' ~~~ -fj Prothonotary I '. . SHERIFF'S RETURN - REGULAR - CASE NO: 2005-00759 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIFINANCIAL MORTGAGE COMPANY VS TRACE STEVEN E ET AL JODY SMITH ---..... Sheriff or Deputy Sheriff of - Cumberland County, Pennsylvania, who being duly sworn according 0 law, - -- says, the within COMPLAINT - MORT FORE was served upon TRACE STEVEN E th DEFENDANT , at 1030:00 HOURS, on the 22nd day of February, 2005 -- .-.. at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 STEVEN E TRACE - by handing to a true and attested copy of COMPLAINT - MORT FORE together w th and at the same time directing His attention to the contents the eof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 .00 .00 10.00 .00 28.00 -- -- - -- So Answers: .:;;;:?"~ a ",,<~/ ".;" ~:r -<1J'{.J< R. Thomas Kline ,.~- - - ~"..- 03/03/2005 PHELAN HALLINAN SCHMIEG me this day of ~ Sworn and Subscribed to before By: ty Sheriff "7 ~O=>J .'-- A.D. 1~.1'1 /~~ -% Prot onotary - - -.- PHELAN HALLINAN & SCHMIEG, LLP Lawrence T. Phelan, Esquire LD, No. 32227 Francis S, Hallinan, Esquire LD. No. 62695 Daniel G Schmieg, Esquire LD. No. 62205 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Citifinancial Mortgage Company, Inc., FfK/A Associates Home Equity Consumer Discount Company, Inc. Plaintiff Court of Common Pleas Cumberland County No. 05-759 Civil Term / vs. Steven E. Trace Wendy J. Trace 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, ItJ/J:3k5' I f Date ~-<<?~ ~< Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G Schmieg, Esquire Attorneys for Plaintiff ....., r::. ,~~::", L:..Jl ~7;; -.: t'., \_./; UJ