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HomeMy WebLinkAbout05-1546 PHELAN HALLINAN & SCHMIEG, UP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPIIIA, PA 19103 (215) 563-7000 CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION 1000 TECHNOLOGY DRIVE MS 314 O'FALLON, MO 63304 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO.D~ - /{;'Ib C~()',CT~ Plaintiff v. CUMBERLAND COUNTY BRUCE C. KAGEORGE AlKJA BRUCE CHARLES KAGEORGE ANN B. KAGEORGE AlKJA ANN BLEDSOE KAGEORGE I TANWOOD COURT CAMP HILL, PA 17011 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 thc 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 rclief 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, P A 170 I 3 (800)990-9108 File #: 1[4259 File #: 114259 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 OBT AIN 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. CITIMORTGAGE, INC., d/b/a CITICORP MORTGAGE s/b/m to FIRST NATIONWIDE MORTGAGE CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1546 Civil Term vs. BRUCE C. KAGEORGE a/k/a BRUCE CHARLES KAGEORGE ANN B. KAGEORGE a/k/a ANN BLEDSOE KAGEORGE Defendants ENTRY OF APPEARANCE AS LOCAL COUNSEL Dear Sir: I hereby enter my appearance as local counsel, in conjunction with Phelan Hallinan & Schmieg, LLP, for the limited purpose of representing the Plaintiff at Argument COUJet to be held at 11:00 a.m. on Wednesday, July 6, 2005 in Courtroom frllt:r: / Dale F. Shu ha ,Jr. Supreme Cou t . . 19373 35 East. High S eet, Suite 203 Carlisle, PA 17013 (717) 241-4311 Date: July 5, 2005 cc: Samantha N. Tran, Esquire, Phelan Hallinan & Schmieg, LLP Karen L. Cummings, Esquire, Dissinger and Dissinger Ann B. Kageorge, a/k/a Ann Bledsoe Kageorge, pro se ...., :3C' .<;: ~ ~:J;2 -0\1:; :.QY (:),0 ::r~..:;; ~>~ g y - '.~ -' g ~ -ocr t::p ~~y-~ ';tL ~~'::_- ~L Z( ~_lj 'Y'c:.: 3. ~ ~ <- ~ , <.J'I 1. Plaintiff is CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION 1000 TECHNOLOGY DRIVE MS314 O'FALLON, MO 63304 2. The name(s) and last known address(es) of the Defendant(s) are: BRUCE C. KAGEORGE A!KI A BRUCE CHARLES KAGEORGE ANN B. KAGEORGE A!KIA ANN BLEDSOE KAGEORGE I TANWOOD COURT CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 12/29/1995 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to HART MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1298, Page: 200. By Assignment of Mortgage recorded 811/96 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 526, Page 797. 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 12/01/2004 and each month thcreafter 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 #: 114259 6. The following amounts are due on the mortgage: Principal Balance Interest 11/01/2004 through 03/22/2005 (Per Diem $22.01) Attomey's Fees Cumulative Late Charges 12/29/1995 to 03/22/2005 Cost of Suit and Title Search Subtotal $100,420.85 3,125.42 1,250.00 364.09 $ 550.00 $ 105,710.36 Escrow Credit Deficit Subtotal 0.00 308.36 $ 308.36 TOTAL $ 106,018.72 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 Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTtFF demands an in rem Judgment against the Defendant(s) in the sum of $ 106,01 8.72, together with interest from 03/22/2005 at the rate of $22.0 I per dicm 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 7.L.L-<.. . ~ ~, ,J. /7~ - By: (Francis S. Hallinan LAWRENCE 1. PHELAN, ESQUIRE FRANCIS S, HALLINAN, ESQUIRE Attomeys for Plaintiff File #: 1]4259 TD~i.... ClIMblrlend County.. 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IIdd tell all othBtc:O\ftMRts:JIA4~rIc'lonsClf ,.cord, UNOER AND SUI\JECT...-.. .. .. _t .. "'ht 0' wo. r. P-""nlIl Powe' IIId L1qh' Cornp"" 10' 1M construction or ....C't~GI\ at tAclrical utIItIas.. thIIe'artlSlld pnpenv. .'.her WIde, at above groamd. Of/NO THE SAlliE PREMISES WIlICH 0""",0 _ _........ A. 0"",1.. ........4 .... ""'. & O""old ..... PHtt. .una.. rnan. .y DMId' daCl!ld AuglMl: d. , liIa3 .tIIl'lIf r-.cordtd In n. OUIIll:. of 'Itt. fI.~"1" ., o..,,*1n .... faT C~d CounIy In O.sd 800k J-SO PftGI. 208. .rented end C:DnVOl'ed unto 8UNn c. Uod\I .nd fl'~.II. DDthl. hudumd and witD. 61"111110('Z ....... . VFRTFTrATTON TERESA METCALF hereby states that he/she is ASST. SECRETARY ofCITIMORTGAGE, INC. 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. L~~ ~j~~ TERESA METCALF, ASST. SECRETARY DATE: P -IA ;j lr\ 8 ~ ,..., ~ \t If'''\ 0 :s c c.TI ~ V1 ;z; ::J: ./:::.. C> -rJ(n ~ ",?;; - ~'rY '--.,.-j ~l~ ~ ........ -u ~~itf, N Vl c..> "'- ~ ?=- :r.:n ~ ~'-' po C)O lO ::> -~!"rt ~- 1- _.c> - f') - :::.. C .- ~ z c..> ::;t <J1 SHERIFF'S RETURN - NOT FOUND GASE'NO: 2005-01546 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIMORTGAGE INC ET AL VS KAGEORGE BRUCE C AKA BRUCE CHA R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT KAGEORGE ANN B AKA ANN BLEDSOE KAGEORGE but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , KAGEORGE ANN B AKA ANN BLEDSOE KAGEORGE 1 TANWOOD COURT CAMP HILL, PA 17011 UNABLE TO SERVED ALTHOUGH NUMEROUS ATTEMPTS WERE MADE. Sheriff's Costs: Docketing Service Not Found Surcharge So answ~x,i:l.: >> -' 6.00 .00 5.00 10.00 .00 21.00 ~ ",-"".? ,,~~<'>,,/;:::.:;" -~R~ ~~Ci~i~e Sheriff of cumberland County PHELAN HALLINAN SCHMIEG 04/25/2005 Sworn and subscribed to before me this 3.,,,,,- day of fVl, ,)ov{ A.D. ~A'- C~ ~ r thonotary , SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-01546 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIMORTGAGE INC ET AL VS KAGEORGE BRUCE C AKA BRUCE CHA R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT KAGEORGE BRUCE C AKA BRUCE CHARLES KAGEORGE but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , KAGEORGE BRUCE C AKA BRUCE CHARLES KAGEORGE 1 TANWOOD COURT CAMP HILL, PA 17011 UNABLE TO SERVE ALTHOUGH NUMEROUS ATTEMPTS WERE MADE. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 22.20 5.00 10.00 .00 55.20 So answe:t:"s,,~ / .____..7 ----:~~----:-;; ",' .",--:::::;;;:;::-,~_. - --::::;:::..' (?'~,~_--:::~:c:,c:c:::.:;:c,., ~--~'r/~,/- ~./ R. Thomas Kyi~e Sheriff of Cumberland County ./ PHELAN HALLINAN SCHMIEG 04/25/2005 Sworn and subscribed to before me 3-'<L day of (hI this .2vt I A.D. O.,-,-,Q~,~ prol"tfmotary PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., iD. NO. 32227 FRANCIS S. HALLINAN, ESQ., iD. NO. 62695 DANIEL G. SCHMIEG, ESQ., iD. NO. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORA nON Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County vs. BRUCE C. KAGEORGE AlKi A BRUCE CHARLES KAGEORGE ANN B. KAGEORGE A/KiA ANN BLEDSOE KAGEORGE No. 05-1546 Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN & SCHMIEG, LLP By: ~'-(?vvv~ <? k~1Z{~ FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: Mav 5, 2005 /mmt. Svc Dept. File# 114259 ;,-.;> ;~~~~ 1:-) (:n -i'l :7:1 ..--: ;,j , '-!:' r::~J Cq C..: SHERIFF'S RETURN - REGULAR .-- / CASE NO: 2005-01546 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC ET AL VS KAGEORGE BRUCE C AKA BRUCE CHA VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KAGEORGE BRUCE C AKA BRUCE CHARLES KAGEORGE the DEFENDANT at 2113:00 HOURS, on the 23rd day of May 2005 at 1 TANWOOD COURT CAMP HILL, PA 17011 by handing to BRUCE C KAGEORGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 10.36 .00 10.00 .00 38.36 .~'--' /?' , - /// ~/ i i,c- Y">/o. " /~~~""J.,)';;;'.~:::::~ "I~_i!~-<..f' , R. Thomas Kline me this of OS/24/2005 PHEL~y ~LLIN;;2I~G / ~ ~ t Deputy Sh~~ Sworn and Subscribed to before ~- ~ SHERIFF'S RETURN - REGULAR ./ CASE NO: 2005-01546 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC ET AL VS KAGEORGE BRUCE C AKA BRUCE eHA CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of cumberland County,Pennsylvania, who being duly sworn according to law, was served upon says, the within COMPLAINT - MORT FORE the KAGEORGE ANN B AKA ANN BLEDSOE KAGEORGE DEFENDANT 2005 CAMP HILL, PA 17011 by handing to ANN B KAGEORGE 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 6.00 10.36 .00 10.00 .00 26.36 Sworn and Subscribed to before So Answers: ~~~#~ R. Thomas Kline OS/24/2005 PHELAN HALLINAN SCHMIEG _/~ ".,.~ By: ./;4" .2_/ / ( ~~:.4'::'-_ ' '------..." -. Deputy Sheriff .' r, r CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION 1000 TECHNOLOGY DRIVE MS 314 O'FALLON, MO 63304 :IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY :OF PENNSYLVANIA :CIVIL DIVISION PLAINTIFF :NO. 05-1546 CIVIL TERM V BRUCE C. KAGEORGE A/K/A BRUCE CHARLES KAGEORGE ANN B. KAGEORGE A/K/A ANN BLEDSOE KAGEORGE 1 TANWOOD COURT CAMP HILL, PA 17011 NOT ICE T 0 D E FEN D 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Court House Court Administrator 1 Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 Cummings for defendant II .. CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION 1000 TECHNOLOGY DRIVE MS 314 o 'FALLON, MO 63304 :IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY :OF PENNSYLVANIA :CIVIL DIVISION PLAINTIFF :NO. 05-1546 CIVIL TERM v ] BRUCE C. KAGEORGE A/K/A BRUCE CHARLES KAGEORGE ANN B. KAGEORGE A/K/A ANN BLEDSOE KAGEORGE 1 TANWOOD COURT CAMP HILL, PA 17011 ANSWER TO COMPLAIN'!' IN MORTGAGE FORECLOSURE AND NOW, Defendant, Bruce C. Kageorge, by and through his attorney Karen L. Cummings and Dissinger and Dissinger, files this Answer to Complain in Mortgage Foreclosure and avers as follows: 1. Admi tted. 2. Admitted in part. Denied in part. - It is admitted that Bruce C. Kageorge resides at 1 Tanwood Court, Camp Hill, PA 17011. It is denied that Ann B. Kageorge resides at the same location. It is admitted that Bruce C. Kageorge and Ann B, Kageorge are the mortgagors and real owners of the property. 3 . Admi tted. 4. Admitted. 5. Denied. It is specifically denied that the mortgage is in default because monthly payments of principal and interest .. " r upon said mortgage due December 1, 2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make said payments after a date specified by written notice sent to mortgagor, the entire principal balance and all interests due thereon are collectible forthwith. Strict proof thereof is demanded at trial. 6. Denied. It is specifically denied that the following amounts are due on the mortgage and strict proof thereof is demanded at trial: Principal Balance Interest 11/01/2004 through 03/22/2005 (Per Diem $22.01) Attorney's Fees Cumulative Late Charges 12/29/1995 to 03/22/2005 Cost of Suit and Title Search Subtotal Escrow Credit Deficit Subtotal TOTAL $100,420.85 3,125.42 1,250.00 364.09 $ 550.00 $105.710.36 0.00 308.36 $ 308.36 $106,018.72 7. Denied. It is specifically denied that the attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law. The remaining allegations in paragraph seven (7) are legal conclusions for which no answer is required. I' 8. The allegations in paragraph eight (8) are legal conclusions for which no answer is required. 9. The allegations in paragraph nine (9) are legal conclusions for which no answer is required. WHEREFORE, Defendant demands that Plaintiff's Complaint In Mortgage Foreclosure be dismissed. COUNTERCLAIM - BREACH OF CONTRACT 10. The allegations contained in paragraphs one (I) through nine (9) are incorporated herein as is set forth in their entirety. 11. Defendant, Bruce C. Kageorge, negotiated a payment with Plaintiff whereby all past due amounts on th mortgage would be settled. 12. Plaintiff failed to abide by that Agreement. 13. After negotiating the Agreement, Plaintiff sent invoices to Defendant and miscalculated the amounts that were to be paid under the Agreement. 14. Plaintiff thereafter began charging additional interest and late fees for the amount that had been miscalculated under the Agreemen t . 15. Plaintiff is in breach of the oral Agreement between Plaintiff and Defendant. \I r- . I! WHEREFORE, Defendant demands that Plaintiff be held liable for breach of contract. Respectfully Submitted: Dissinger & Dissinger Karen L. Cummings Attorney for Defendant Supreme Court ID # 85556 Mary A. Etter Dissinger Attorney for Defendant Supreme Court ID # 27736 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 - II ii VERIFICATION I, Bruce C. Kageorge, verify that the foregoing facts are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. &4904, relating to unsworn falsification to authorities. r<~ .~ ,,' 5y>-- Bruce C. Kageorge II , .- CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION 1000 TECHNOLOGY DRIVE MS 314 o 'FALLON, MO 63304 :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY :OF PENNSYLVANIA :CIVIL DIVISION PLAINTIFF :NO. 05-1546 CIVIL TERM V I BRUCE C. KAGEORGE A/K/A BRUCE CHARLES KAGEORGE ANN B. KAGEORGE A/K/A ANN BLEDSOE KAGEORGE 1 TANWOOD COURT CAMP HILL, PA 17011 CERTIFICATE OF SERVICE I, Karen L. Cummings, Esquire, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the attorney for CitiMortgage, Inc., by First Class United States mail addressed as follows: Francis S. Hallinan, Esquire One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 Date: Ie le.( eX; ( Cummings Attorney for Defendant 0 ....., = ~ c = ~ <.n lJlj~ Co.. :r-n n'li-j; c:: ;< '_Xi :z m- ~i~; I }!eJ W S:.l(-:. -t"Ti --:;;; - ." -; :n '2:fj :x Qo )>C ~ (5m "'- ~ =< .r- C7\ .< PHELAN HALLINAN & SCHMIEG, LLP By: Samantha N. Tran, Esquire Identification No. 89204 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19102-1799 (215) 563-7000 Citimortgage, Inc., d/b/a Citicorp Mortgage slb/m to First Nationwide Mortgage Corporation ATTORNEY FOR PLAINTIFF ys. Court of Common Pleas Civil Division Cumberland County Bruce C. Kageorge aIkIa Bruce Charles Kageorge Ann B. Kageorge a/k/a Ann Bledsoe Kageorge No. 05-1546 Civil Term PRELIMINARY OBJECTIONS TO DEFENDANT BRUCE KAGEORGE'S COUNTERCLAIMS Plaintiff Citimortgage, Inc., d/b/a Citicorp Mortgage slb/m to First Nationwide Mortgage Corporation, by and through its counsel, Samantha N. Tran, Esquire hereby preliminarily object to Defendant's Counterclaims and avers as follows: I. FACTUAL BACKGROUND I. On December 29,1995 Defendants Bruce C. Kageorge and Ann B. Kageorge, executed a Promissory Note in favor of Plaintiff, in the principal sum of$112,100.00. 2. On the same date, Defendant made, executed and delivered a Mortgage on the property at 1 Tanwood Court, Camp Hill, P A 17011 (hereinafter the "Property"), as collateral for the Promissory Note. 3. Defendants defaulted under the Mortgage and Note by failing to make payments due December 1,2004 and each month thereafter. By the express terms ofthe Mortgage, upon default in such payments for a period of one month, the entire debt is immediately collectible. 4. The present action was filed on March 23, 2005 and reinstated on May 9, 2005, because Defendants failed to take the necessary affirmative steps to cure the delinquency. Plaintiff was left with no alternative but to foreclose in order to recover its unjust financial losses. A true and correct copy of Plaintiff's Complaint is attached hereto, made part hereof and mark Exhibit A. 5. On or about June 3, 2005, Defendant Bruce Kageorge filed his Answer to Complaint in Mortgage Foreclosure with Counterclaims. A true and copy of Defendant' s Answer to Complaint in Mortgage Foreclosure with Counterclaim is attached hereto, made part hereof, and mark Exhibit B. II. FAILURE OF A PLEADING TO CONFIRM TO RULE PURSUANT TO PA. R.c.P. 1028 (a) (2) and Pa. R.C,P. 1148 6. Plaintiff incorporates herein by reference paragraphs one (1) through five (5) of Plaintiffs Preliminary Objections as if set forth herein at length. 7. Pursuant to Pa.R.C.P. 1028 (a)(2), a preliminary objection may be filed by any party to a pleading for the failure of a pleading to conform to the law or rule of court. 8. Pa. R.C.P. 1148 states; "[a] Defendant may plead a counterclaim which arises from the same transaction or occurrence or series of transactions or occurrences from which plaintiffs cause of action arose." The Pennsylvania Superior Court has repeatedly held that a counterclaim in a mortgage foreclosure action, which does not pertain to the creation of the Mortgage, must be dismissed. Cunningham v. McWilliams, 714 A.2d 1054; Chrysler First Business Credit Corp. v. Gourniak, 411 Pa. Super 259, 601 A.2d 338 (1992); Overlv v. Kass, 382 Super. Ct. 108,554 A.2d 970 (1989); Mellon Bank, N.A. v. Joseph, 267 Pa. Super. 307,406 A.2d 1055 (1979). The Superior Court has even held that this Rule must be interpreted narrowly and a Counterclaim based on facts, which occurred after the default is certainly not based on facts pertaining to the creation of the Mortgage and must be dismissed. Gourniak, 601 A.2d 341- 2. 9. Defendant's Counterclaims pertain to Plaintiffs alleged breach of an oral contract. Any alleged oral agreement is barred by the Statute of Frauds. Furthermore, none of the Defendant's Counterclaims pertain to the creation of the Mortgage, therefore they should be stricken. WHEREFORE, Plaintiff respectfully requests this Honorable Court to strike Defendant's Counterclaim with prejudice. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: (p( iLl \ oS BY: &1~~ Vl.J-- Samantha N. Tran, Esquire Attorney for Plaintiff EXHIBIT A ATTORNEY FILE COPY PlEASE RffiJRN PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., !D. NO. 32227 FRANCIS S. HALLINAN, ESQ., ID. NO. 62695 DANIEL G. SCHMIEG, ESQ., ID. NO. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (2 I 51 563-7000 CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION Plaintiff vs. BRUCE C. KAGEORGEAAUABRUCE CHARLES KAGEORGE ANN B. KAGEORGE NK/A ANN BLEDSOE KAGEORGE Defendants t ATTORNEY fiLE COpy PlEASE RETURN ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DNISION CUMBERLAND County (') ~ c ~ 7 -rJ d:~ ::J!; !~; (~'. ~ ~~~;~ t No. 05-1546 ,"P <.0 r..:r-.. ;';: ::OP~ AnORttE.'l FI~M.l l:Y PLEASE REtU~. - ~ PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: ~ :2 rl1 :D .- -al"n :.DO 06 ~;:! ..i ~-r' {"J--" "'>-("") ~5rn :::.., 1:; '< Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN ~tCHMIEG, LLP By:~~2K~ FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff E'I' FILE. copy IQ1ORNr: nHIIRt.,! PlfMk '" Date: Mav 5, 2005 /mmt. Svc Dept. File# 114259 ;n~~ FILE. CO~Y 1\ p\J:ASf ~fTIIP~ Al:TORNEY FILl: IjUPY PLEASE RETURN PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 'ONE PENN CENTER PLAZA, SUlTE 1400 PHILADELPHlA, PA 19103 (215) 563-7000 CITIMORTGAGE, INe., DIBI A CITICORP MORTGAGE SIBIM TO FffiST NATIONWIDE MORTGAGE CORPORATION 1000 TECHNOLOGY DRIVE MS314 O'FALLON, MO 63304 ATIORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. D!; - gl/{,. C!.IQ;L'j-~ CUMBERLAND COUNTY Y. BRUCE e. KAGEORGE AlK/A BRUCE CHARLES KAGEORGE ANN B. KAGEORGE AlK/A ANN BLEDSOE KAGEORGE I TANWOOD COURT CAMP HILL, P A 17011 Defendants g ....., -= ~ ~ ~~ :z: ~. >.- :::0 ~i. ~~ N '0 W ;<:: > ~g :x g~ - ~, - ~ w c.n -< CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE ATroRNEYFll..ECOPV-" You have been sued in court. If you wish to defend ag~~a~ttrth 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 PROVlDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO EUGlBI,E PERSONS AT A REDUCED FEE OR NO FEE. ,"'A1lORNEYF1t.F.: COpy . DI "'A ,,<: n'""" F-", lrLI::M,vC:~' ......""'''l Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Streel Carlisle, P A 17013 (800)990-9108 TRUE CCpy FROM R/-:....nQl) kllT'''-" ' . ',.' '. ,-""'... .k. ..~,"C)~,._.j,'i \j,...L,',':!".:.}~)f. i, htiJif tn,;"?! (-....It ~l~,' I',.~t"" :b':l(j tt'.. ....... .,'.... ~i""_\. f.; .~,I'tJ' n. ~~:;(l ~~liurt at CadlS:.., Pa '------= (JA ~ P ~l i~ File #, )]4259 ' <Jt.ery' vVe hereb Within to 6 certify the Correct c e a true and Orrginal fifPY Of the ed ot record PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANClS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUlTE ]400 PHILADELPHIA, P A 19103 (2] 5) 563-7000 CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORA nON 1000 TECHNOLOGY DRIVE MS314 O'FALLON,MO 63304 AITORNEY FOR PLAINlIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY v. BRUCE C. KAGEORGE A/KIA BRUCE CHARLES KAGEORGE ANN B. KAGEORGE A/KIA ANN BLEDSOE KAGEORGE I T ANWOOD COURT CAMPHILL,PA 1701] Defendants CIVll, 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 TIllS 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 MAYBE 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 Streel Carlisle, PA 17013 (800)990-9108 VVe hereb Within to '6 certIfy thtl correct e a true and Original ~?PYOf the _ .' led of record Tile#: 114259 File#: 114259 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 ADDIU:SS 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. I. Plaintiff is CITIMORTGAGE, lNe., D/B/A CITICORP MORTGAGE S/BIM TO FIRST NATIONWIDE MORTGAGE CORPORATION 1000 TECHNOLOGYDRIVE MS 314 O'F ALLON, MO 63304 2. The name(s) and last known address(es) ofthe Defendant(s) are: BRUCE C. KAGEORGE NKlA BRUCE CHARLES KAGEORGE ANN B. KAGEORGE NKlA ANN BLEDSOE KAGEORGE 1 T ANWOOD COURT CAMPHlLL,PA 170tJ who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On J 2/2911995 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to HART MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1298, Page: 200. By Assignment of Mortgage recorded 8/1/96 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 526, Page 797. 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 12/0J/2oo4 and each month thereafter are due and unpaid, and by the tenus 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. ~ Fite#; 114259 6. The following amounts are due on the mortgage: Principal Balance Interest IlfOlf2()Q4 through 03/22/2005 (per Diem $22.01) Attorney's Fees Cumulative Late Charges 12/2911995 to 03/22/2005 Cost of Suit and Title Search Subtotal $100,420.85 3,125.42 1,250.00 364.09 $ 550.00 $ 105,710.36 Escrow Credit Deficit Subtotal 0.00 308.36 $ 308.36 TOTAL $ 106,018.72 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 106,018.72, together with interest from 03/22/2005 at the rate of$22.01 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 ~F. By: ~Francjs S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ~ Fi)e #: 114259 , " '......_ "'...........T........C......-C_.I"eo.-Po............ Au. TlIjlT CUlTAIM,.......-:::"'.~..~ ~........_ J ..._-~ . ...... .,..___.1 T_.... """"".50 1_..........; &GINNUIG .t . ....... .... ....1. .. r~ r.-.. :..:;~ .etA. fiO tnt ... ,Ight .. 'Ill"'." shawn" 1M ........: .1...................., dr-~'"'!! ~".L-...._.- 011 -- ~.._....~ dgllt... ~ ~~nl 19U.....--C-~1 ~.-...~OO~Eat....__ofIlJ51"'to...- - .. '1'......."" t..t. NotdI 81 ....... 21 ......... rI of LoU: ~ kam-~.w ......t... .... 4hkMAu line lieN .......tttU H... 81...... .az.... t.....~... QO ~ ~. dlat...ea" 111S...,t t&. ~nl .._.... Nos. 81 _1S2.. - 08 ...-<< ~"''':-IlI""" of \,ala;....... ..- - .- ..... ,... 9 . ........_~__1I2....""...- 00___.....-....or.7.. ........"'::::t_loU"""- 82.114 OllIle:t."oulhel ...~ ~""poln''''''' "",...-.-., ::':'...- OIl.... ;:::::~::':.:..~~W.... .~~~. 'l3~.,\qlr" ~j~"" d...... ..., of .._, ....... ..55 z... 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"'"" _.1-30 P_ 2lI8. __ .."_04..... _ c. 00sl>I.... .........IL....... 1IuiIbaIIIlI... wit.. &r_lDn'''''"" VRRTFlr.A TION TERESA METCALF hereby states that he/she is ASST. SECRETARY ofCITIMORTGAGE, INC. 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 ofhislher 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. L "t~Sr", ~ 3Xk TERESA METCALF, ASST. SECRETARY DATE: ",.,' r "1' EXHIBIT B CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION 1000 TECHNOLOGY DRIVE MS 314 O'FALLON, MO 63304 : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY :OF PENNSYLVANIA :CIVIL DIVISION PLAINTIFF :NO. 05-1546- C~L ~RM!?, Jfi"'f: ~ :;:l ~ ~Q ;c m;;g t7; :1":.. t :om _'^i~ w _Uy ~~:J 90 P:. ...;j-y"; ;.? 1-0 ~ -.L:!j ~~.{ } _ Qr"J p(~1.. 13m 37 ':"? ~ - ;>>' ... .c- .,0 CT'l -< V BRUCE C. KAGEORGE A/K/A BRUCE CHARLES KAGEORGE ANN B. KAGEORGE A/K/A ANN BLEDSOE KAGEORGE 1 TANWOOD COURT CAMP HILL, PA 17011 NOTICE or 0 DEFEND 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Court House Court Administrator 1 Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 Currnn' gs for defendant CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION 1000 TECHNOLOGY DRIVE MS 314 O'FALLON, MO 63304 :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY :OF PENNSYLVANIA :CIVIL DIVISION PLAINTIFF :NO. 05-1546 CIVIL TERM V BRUCE C. KAGEORGE A/K/A BRUCE CHARLES KAGEORGE ANN B. KAGEORGE A/K/A ANN BLEDSOE KAGEORGE 1 TANWOOD COURT CAMP HILL, PA 17011 ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, Defendant, Bruce C. Kageorge, by and through his attorney Karen L. Cummings and Dissinger and Dissinger, files this Answer to Complain in Mortgage Foreclosure and avers as follows: 1. Admitted. 2. Admitted in part. Denied in part. - It is admitted that Bruce C. Kageorge resides at 1 Tanwood Court, Camp Hill, PA 17011. It is denied that Ann B. Kageorge resides at the same location. It is admitted that Bruce C. Kageorge and Ann B, Kageorge are the mortgagors and real owners of the property. 3 . Admi tted. 4. Admitted. 5. Denied. It is specifically denied that the mortgage is in default because monthly payments of principal and interest upon said mortgage due December 1, 2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make said payments after a date specified by written notice sent to mortgagor, the entire principal balance and all interests due thereon are collectible forthwith. Strict proof thereof is demanded at trial. 6. Denied. It is specifically denied that the following amounts are due on the mortgage and strict proof thereof is demanded at trial: Principal Balance Interest 11/01/2004 through 03/22/2005 (Per Diem $22.01) Attorney's Fees Cumulative Late Charges 12/29/1995 to 03/22/2005 Cost of Suit and Title Search Subtotal Escrow Credit Deficit Subtotal TOTAL $100,420.85 3,125.42 1,250.00 364.09 $ 550.00 $105.710.36 0.00 308.36 $ 308.36 $106,018.72 7. Denied. It is specifically denied that the attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law. The remaining allegations in paragraph seven (7) are legal conclusions for which no answer is required. 8. The allegations in paragraph eight (8) are legal conclusions for which no answer is required. 9. The allegations in paragraph nine (9) are legal conclusions for which no answer is required. WHEREFORE, Defendant demands that Plaintiff's Complaint In Mortgage Foreclosure be dismissed. COUNTERCLAIM - BREACH OF CONTRACT 10. The allegations contained in paragraphs one (1) through nine (9) are incorporated herein as is set forth in their entirety. 11. Defendant, Bruce C. Kageorge, negotiated a payment with Plaintiff whereby all past due amounts on th mortgage would be settled. 12. Plaintiff failed to abide by that Agreement. 13. After negotiating the Agreement, Plaintiff sent invoices to Defendant and miscalculated the amounts that were to be paid under the Agreement. 14. Plaintiff thereafter began charging additional interest and late fees for the amount that had been miscalculated under the Agreement. 15. Plaintiff is in breach of the oral Agreement between Plaintiff and Defendant. WHEREFORE, Defendant demands that Plaintiff be held liable for breach of contract. Respectfully Submitted: Dissinger & Dissinger Ka en L. Cummings Attorney for Defendant Supreme Court ID # 85556 Mary A. Etter Dissinger Attorney for Defendant Supreme Court ID # 27736 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 VERIFICATION I, Bruce C. Kageorge, verify that the foregoing facts are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. ~ti~ Bruce C. Kage e CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION 1000 TECHNOLOGY DRIVE MS 314 o 'FALLON, MO 63304 :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY : OF PENNSYLVANIA :CIVIL DIVISION PLAINTIFF :NO. 05-1546 CIVIL TERM V BRUCE C. KAGEORGE A/K/A BRUCE CHARLES KAGEORGE ANN B. KAGEORGE A/K/A ANN BLEDSOE KAGEORGE 1 TANWOOD COURT CAMP HILL, PA 17011 CERTIFICATE OF SERVICE I, Karen L. Cummings, Esquire, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the attorney for CitiMortgage, Inc., by First Class United States mail addressed as follows: Francis S. Hallinan, Esquire One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 Date: !e/-r/c1S I Cununings Attorney for Defendant VERIFICATION Samantha N. Tran, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Plaintiffs Preliminary Objections to Defendant Bruce Kageorge's Counterclaims are true and correct to the best of her knowledge, information, and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. G (I~{ ! (J~ r l~~"M~~\f ,J- Samantha N. Tran, Esquire Attorney for Plaintiff Date C) ::2 r<> ~~~ n o -n -:::! t:l:n r- 'n,n ~l J, CJ :~,C) - ., ~T, I ,-'., ~"~ ~~i;~ -< ~','~ 0' 1'.' (;j , PHELAN HALLINAN & SCHMIEG, LLP By: Samantha N. Tran, Esquire Identification No. 89204 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19102-1799 (215) 563-7000 Citimortgage, Inc., d/b/a Citicorp Mortgage s/b/m to First Nationwide Mortgage Corporation ATTORNEY FOR PLAINTIFF vs. Court of Common Pleas Civil Division Cumberland County Bruce C. Kageorge a/k/a Bruce Charles Kageorge Ann B. Kageorge a/k/a Ann Bledsoe Kageorge No. 05-1546 Civil Term CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiffs Preliminary Objections and Praecipe for Argument to Defendant Bruce Kageorge's Counterclaims was sent via first class mail to the persons listed below on the date indicated: Karen 1. Cummings, Esquire Dissinger and Dissinger 28 North Thirty-Second Street Camp Hill, P A 17011 Ann B. Kageorge alk/aI Ann Bledsoe Kageorge 22 S. 36th Street Camp Hill, P A 17011 Date: G/ly/c~ ,-~Q~ \17, ~_ Samantha N. Tran, Esquire Attorney for Plaintiff (") <-' 0 = C:. = "n -,~ a' ~-r1 '-~.) ~-~ '- cC (! c: rl1p ~f ;0;:: -10m \ - coy U:;. , C1' 99 ~ -.:.: ....., :f~ ...;-\ O~'~ --,... .."'~.. (~ .' :'i: " -,p. 1\fl.l j.; "",..c r-> ~~ ::~.-\ .' --'-'" ~ V1 .?:c; -~- - ."".< - PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. ---_._~------._-----------------------------------------------.----------.---------------.------------------.-._----. Citimortgage, Inc., d/b/a Citicorp Mortgage slb/m to First Nationwide Mortgage Corporation vs. Court of Common Pleas Civil Division Cumberland County Bruce C. Kageorge alk/a Bruce Charles Kageorge Ann B. Kageorge alk/a Ann Bledsoe Kageorge No. 05-1546 Civil Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Preliminary Objections to Defendant's Counterclaims 2. Identify counsel who will argue case: (a) for plaintiff: Address: Dale F. Shughart, Jf., Esquire 35 East High Street, Suite 203 Carlisle, PA 17013 (b) for defendant: Address: Karen L. Cummings, Esquire For Defendant Bruce Kageorge Dissinger and Dissinger 28 North Thirty-Second Street Camp Hill, PA 17011 (cl for defendant: Ann B. Kageorge, Pro Se 22 S. 36th Street Camp Hill, P A 170 II 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: July 6, 2005 Date: (;;, /lyJOS- ,-~~(ll.J-- Attorney for Plaintiff "--rJ\.,<" r.~~, r" (/'> _.:~ ~' ...., '--, ~~::;.~. " L.. 2'': -' -< o ~ r-' = ~ <- c: z o -n -t ::r::n r11-r-' -r.?rr; ,,,9 ~,~~ ;;-~~~ U ':~ ~3 % Cl" -.:'j -, -- ~ c.,n - II CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION 1000 TECHNOLOGY DRIVE MS 314 O'FALLON, MO 63304 :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY :OF PENNSYLVANIA :CIVIL DIVISION PLAINTIFF :NO. 05-1546 CIVIL TERM V BRUCE C. KAGEORGE AIKIA BRUCE CHARLES KAGEORGE ANN B. KAGEORGE AI KIA ANN BLEDSOE KAGEORGE 1 TANWOOD COURT CAMP HILL, PA 17011 PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter my appearance on behalf of the Defendant, . Bruce C. Kageorge. Respectfully Submitted, DISSINGER AND DISSINGER Date: ~ (J.-- 1.../6? '--;7)1f9 Q {~ Mary A. _tter Dlsslnger Atto:rney for Defendant Supn~me Court I.D. 27736 28 North Thirty-second Street camp Hill, PA 17011 717-975-2840 f~" "', r:-"7 = <;",'1 , >'" ~U'; -< c~ ~-;:~ .d..,~ o -n .-1 X-n rn=:;; l_. :E~.> '::~(~_:; N Co ::,;;;., ~-;" .-',. ':::'r:; '~\~f' L~" ~;Z \[7 (..11 J;..- CITIMORTGAGE, INC., d/b/a CITICORP MORTGAGE s/b/m TO FIRST NATIONWIDE MORTGAGE CORPORATION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. BRUCE C. KAGEORGE a/kat BRUCE CHARLES KAGEORGE ANN B. KAGEORGE a/k1a ANN BLEDSOE KAGEORGE 05-1546 CIVIL TERM AND NOW, this ORDER OF COURT ?'"L- day of July, 2005, IT IS ORDERED that the preliminary objections of plaintiff to defendant Bruce Kageorge's counterclaims, ARE SUSTAINED. The counterclaims, ARE STRICKEN. By the C6urt, / / flale F. Shughart, Jr., Esquire ~ry A. Etter Dissinger, Esquire ~ :sal f ,"(1'J Z I :2 lid 22 lilf ~DOl 'iJJ'"'''' """ "lHl ~U' /, \'.l.\.,;;\..)i"I:i"Xl::) ~ ..J ?i:Yd,.:\O-(1:n\:l PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Citimortgage, Inc., d/b/a Citicorp Mortgage slb/m to First Nationwide Mortgage Corporation ATTORNEY FOR PLAINTIFF vs. Court of Common Pleas Civil Division Cumberland County Bruce C. Kageorge aIkIa Bruce Charles Kageorge Ann B. Kageorge a/k/a Ann Bledsoe Kageorge No. 05.1546 Civil Term JOINT PRAECIPE TO WITHDRAW COMPLAINT AND WITHDRAW COUNTERCLAIM TO THE PROTHONOTARY: Plaintiff hereby withdraws its Complaint without prejudice filed in the above captioned matter. Defendants hereby withdraws their Counterclaim filed in the above- captioned matter without prejudice. Please mark this case discontinued and ended without prejudice. PHELAN HALLINAN & SCHMIEG, LLP DATE:~ By:A~ S1J~ Francis S. Hallinan, Esquire/ssj Attorney for Plaintiff DATE: 7!1..,!<J( I I BY~, (Af~~ do"" '-f-' ~{aJ.\,ou. L.i.:atUUJ.~H5", Esquire U Attorney ~Jr tli" D,,fcnJ.!fttG f3c,^"" c. Z"je rJ ~ '" C:;..., r? ~~ ~ <J -0 .-1 T iT! 1" ~-~ N ~ PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Citimortgage, Inc., d/b/a Citicorp Mortgage slb/m to First Nationwide Mortgage Corporation ATTORNEY FOR PLAINTIFF vs. Court of Common Pleas Civil Division Cumberland County Bruce C. Kageorge aIkIa Bruce Charles Kageorge Ann B. Kageorge aIkIa Ann Bledsoe Kageorge No. 05-1546 Civil Term CERTIFICATE OF SERVIClI I hereby certify that a copy of the Joint Praecipe to Withdraw Complaint and Counterclaim was served upon counsel for the Defendant by first class mail, postage prepaid, at the address and on the date listed below: Mary A. Etter Dissinger, Esquire Dissinger and Dissinger 28 North Thirty-Second Street Camp Hill, PA 17011 PHELAN HALLINAN & SCHMIEG, LLP ~~f~ Francis S. Hallinan, Esquire/ssj Attorney for Plaintiff '> ,".,,) (-:-.:, ~) <:Jl (") -1") '-;-' j71 -"", ~) r"0