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Home My WebLink About05-2130 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 ]9]03 (215) 563-7000 CHASE HOME FINANCE LLC ] 0790 RANCHO BERNARDO RD SAN DIEGO, CA 92]27 ATTORNEY FOR PLAINTIF Plaintiff COURT OF COMMON PLE S CIVIL DIVISION TERM NO, 05 - ;)/?Dc,,,'d CUMBERLAND COUNTY v, SAMUEL E. RITTER DONNA M, RITTER 422 V ALLEY STREET MECHANICSBURG, P A 17055 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 re served, by entering a written appearance personally or by attorney and filing in writing with th court your defenses or objections to the claims set forth against you, You are warned that if y fai I to do so the case may proceed without you and a judgment may be entered against you by he court without further notice tor 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 MA Y OFFER LEGAL SERVI ES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9108 Filc#: 113] 19 , File #: ] ]3119 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. I. PlaintilT is CHASE HOME FINANCE LLC 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 2, The name(s) and last known addressees) of the Defendant(s) are: SAMUEL E. RITTER DONNA M, RITTER 422 V ALLEY STREET MECHANICSBURG, P A 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described, 3, On 03/13/I997 mortgagor(s) made, executed and delivered a mortgage upon the premi es hereinafter described to ADV ANT A FINANCE CORPORA nON which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book 1369, Page: 1084, PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same, 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 s 'd mortgage due 11/18/2004 and each month thereafter are due and unpaid, and by the te s of said mortgage, upon failure of mortgagor to make such payments after a date speci ed by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith, Fik#: 113119 6, The following amounts are due on the mortgage: Principal Balance Interest 10/18/2004 through 04/20/2005 (Per Diem $15,25) Attomey's Fees Cumulative Late Charges 03/13/1 997 to 04/20/2005 Cost of Suit and Title Search Subtotal $50,636.40 2,821.25 1,250,00 127.36 $ 550,00 $ 55,385,01 Escrow Credit Deficit Subtotal 0,00 3,641.56 $ 3.641.56 TOTAL $ 59,026.57 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 Sherif s 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, andlo Notice of Default as required by the mortgage document, as applicable, have been sent 0 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 Plaint 1'1' or an authorized consumer credit counseling agency, or has/have been denied assistanc 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 su of $ 59,026.57, together with interest from 04/20/2005 at the rate 01'$15.25 per diem to the date I' Judgment, and other costs and charges collectible under the mortgage and for the foreclosure a d sale of the mortgaged property, PHELAN HALLINAN ~ SCHMIEG, LLP ';1/___ ~,.r~~ By: / /s/Francis S, Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S, HALLINAN, ESQUIRE Attorneys for Plaintiff File#: 113119 LEGAL DESCRIPTION ALL THAI' CERTAIN lot or piece ofland situate in the Borough of Mechanicsburg, Cumberland County, ennsylvania, bounded and described in accordance with a survey and plan thereof made by Ernest J. Walker, Profession Engineer, dated March 25, 1970, as follows: BEGINNING at a point marked by an iron pin on the Northwestern side of Valley Street at the intersection I' the same with the Northeastern line of 15 feet wide alley; thence along said alley, North fifty-one (51) degrees sixtee (16) minutes West one hundred forty and five hundredths (140,05) feet to a railroad spike at the Southeastern line ofano her 15 feet wide alley; thence along the same North thirty-three (33) degrees thirty (30) minutes East sixty (60) feet to metal post at a comer ofland now or late of Frank Heller; thence along said land South fifty-six (56) degrees forty-seve (47) minutes fifty-six (56) seconds East one hundred forty (140) feet to another metal post on the Northwestern line of lley Street; thence along Valley Street, South thirty-three (33) degrees fifty-five (55) minutes twenty-eight (28) second West seventy-three and five tenths (73.5) feet to the point and place of BEGINNING, HAVING thereon erected a two story frame dwelling house known as 422 Valley Street, Mechanicsburg, BEING the same premises which James W, Bowen and Marjorie C, Bowen, his wife, by deed dated April 0, 1970 and recorded in the Cumberland County Recorder of Deeds Office in Deed Book 'Q'. Volume 23, Page 44, gra ted and conveyed unto Earl Richard Fearnbaugh and Mary C, Fearnbaugh, his wife, the Grantors herein, Being No, 422 Valley Street Fik ft, 113119 . . VERIFICATION SUMMER WINEGARDNER hereby states that he/she is ASSISTANT SECRETARY ofC SE HOME FINANCE LLC SUCCESSOR BY MERGER WITH CHASE MANHATTAN MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that h she is authorized to take this Verification, and that the statements made in the foregoing Civil Acti n in Mortgage Foreclosure are true and correct to the best of his /her knowledge, information and elief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. 4904 relating to unsworn falsification to authorities. /7 / iil u:/c; SUMMER WINEGARDNER ASSISTANT SECRETARY DATE: ~ - s ~ ~ ~ ~ G U\ ~~ "0 ~~ ~ t v f.' -::> r" ~';';,> v'M G." ..,...,.,~ ">",,.., '~"j ,,' U' )7 {::; .>\ A (f) ") S::'" .:;~ -(0?""r, ....-::{('.:- ~(~\i.~;:]~ "f~. -' <:;., .' ," 11' ,\ .;.)~ '\'1 -,.,c SHERIFF'S RETURN - REGULAR , .... CASE NO: 2005-02130 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE HOME FINANCE LLC VS RITTER SAMUEL E ET AL JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RITTER SAMUEL E the DEFENDANT , at 2015:00 HOURS, on the 5th day of May , 2005 at 5328 OXFORD CIRCLE MECHANICSBURG, PA 17055 by handing to DONNA RITTER, WIFE 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 17.76 .00 10.00 .00 45.76 .- 4>' ?'"- .:,>" f.-/,~";' '-;>'" .~, .<- "" - " .." , " ,...."'.;i;::-.t/<>....,... -,--..<' //~ ,.-, :_-,-,,-<~'~?--'~ R. Thomas Kline 05/06/2005 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before By: me this i jlf day of ~ ;)&V {' A,D, (' - --hAt~thQlO~ J ~ SHERIFF'S RETURN - REGULAR i - CASE NO: 2005-02130 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE HOME FINANCE LLC VS RITTER SAMUEL E ET AL JASON VIORAL , Sheriff or Deputy Sheriff of cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RITTER DONNA M the DEFENDANT , at 2015:00 HOURS, on the 5th day of May 2005 at 5328 OXFORD CIRCLE APT 24 MECHANICSBURG, PA 17055 by handing to DONNA RITTER 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 .00 .00 10.00 .00 16.00 So Answers: - ~~ .-/-? ~ ",<'".,r;:",," i!Y,,:#!P' -: _ ,~::::'~~:~r-t'_~' R. Thomas Kline 05/06/2005 PHELAN HALLINAN SCHMIEG me this t6 //- day of Sworn and Subscribed to before By: ~" ;Lov:f A.D. ~V-- f2 n.Jf/h. "-# rothonotary , PHELAN HALLINAN & SCHMIEG, LLP Lawrence 'f. Phelan, Esq., Id. No. 32227 Francis S, Hallinan, Esq., Id. No, 62695 Daniel G. Schmieg, Esq" Id No. 62205 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff CHASE HOME FINANCE, LLC Plaintiff Court of Common Pleas CUMBERLAND County No. 05-2130 C.T. Vs. SAMUEL E. RITTER DONNA M. RITTER Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT, WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, upon payment of your costs only, A Chapter 07 bankruptcy was filed on 04/25/05, which invalidated the complaint. Ifyj&s Date By: 9z,eua:'/S ~ ~ Lawrence T. Phelan, Esq. Francis S. Hallinan, Esq. Daniel G. Schmieg, Esq. Attorneys for Plaintiff q ',- ;i,. 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