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HomeMy WebLinkAbout05-4625 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 CITIMORTGAGE, INC., S/B/M TO PRINCIT' AL RESIDENTIAL MORTGAGE INC. 1000 TECHNOLOGY DRIVE MAIL ST AnON O'FALLON, MO 63368-2240 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM ~ NO. Of; - 1./t.J.S Ct(,)~C k~ CUMBERLAND COUNTY v. GINGER R. RAMSEY 100 NORTII 17TII STREET CAMPHILL,PA 17011 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 clairns set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment rnay be entered against you by the court without further notice for any money claimed in the cornplaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights irnportant 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 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 Street Carlisle,PA 17013 (800)990-9108 File #: 122231 File #: 122231 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 MA Y 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 HA VE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DA Y 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, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE INC. 1000 TECHNOLOGY DRIVE MAIL ST AnON O'FALLON, MO 63368-2240 2. The narne(s) and last known addressees) of the Defendant(s) are: GINGER R. RAMSEY 100 NORTH 17TH STREET CAMP HILL, P A 170 II who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 06/2311999 mortgagor(s) rnade, executed and delivered a mortgage upon the prernises hereinafter described to BROAD VIEW MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1554, Page: 644. By Assignrnent of Mortgage recorded 07/0111999 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Mortgage Book No.618, Page 16. 4. The prernises subject to said rnortgage is described as attached. 5. The rnortgage is in default because monthly payments of principal and interest upon said mortgage due 01/01/2005 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 #: 122231 6. The following amounts are due on the mortgage: Principal Balance Interest 12/0 I /2004 through 09/02/2005 (Per Diem $21.14) Attomey's Fees Cumulative Late Charges 06/23/1 999 to 09102/2005 Cost of Suit and Title Search Subtotal $110,234.95 5,834.64 1,250.00 559.59 $ 550.00 $ 118,429.18 Escrow Credit Deficit Subtotal 0.00 1,733.83 $ 1,733.83 TOTAL $ 120,163.01 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 $50,000. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 120,163.01, together with interest from 09/02/2005 at the rate of$21.14 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. ALLINAN & SCHMIEG, LlP . "'JH~ By: Is/Francis S. Hallinan LAWRENCE T. PHElAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: ] 22231 LEGAL DESCRIPTION ALL THA T CERTAIN tract of land with improvements thereon erected situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at the Northwest corner of Walnut and 17th Streets (formerly Long Street); thence Westwardly along Walnut Street, 90.9 feet to a corner of land now or formerly of Clark Bair; thence Northwardly along said land, 98.02 feet to a point; thence Eastwardly along land now or formerly of Ervin E. Boyer, 90.00 feet more or less, to 17th Street; thence Southwardly along the Western line of 17th Street, 110.8 feet to the place of BEGINNING. BEING improved with a single one story brick dwelling house known as No. 100 North 17th Street, Camp Hill, Pennsylvania. BEING the same premises which R. Gregory Folk and Ellen G. Folk, his wife, by their deed dated January 29, 1996 and recorded in the Cumberland County Recorder of Deeds Office in Book 134, Page 442, granted and conveyed unto Ellen G. Folk, Grantor herein. PROPERTY BEING: 100 NORTH 17TH STREET File#: 122231 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction ofthe court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. c. S. Sec. 4904 relating to unsworn falsifications to authorities. 9=- ~,7~ Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: If j LJOS -tQ ~ 1 ,~ '- ~ fit ; (9 D IN 0v -u ~ ~ ~ ~ ~ ~.~~~ ~n) (~") , , ~J> "4 _.f"' -T-. ;-l~ f'n ~ .:; , -",J (;; -0-1 .. C) (_, J SHERIFF'S RETURN - REGULAR CASE NO: 2005-04625 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC ET AL VS RAMSEY GINGER R RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RAMSEY GINGER R the DEFENDANT , at 1722:00 HOURS, on the 14th day of September, 2005 at 100 NORTH 17TH STREET CAMP HILL, PA 17011 by handing to GINGER R RAMSEY 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 12.00 .00 10.00 .00 40.00 So Answers: r-~~~ R. Thomas Kline 09/15/2005 PHELAN HALLINAN SCHMIEG me this l~ day of By: ~ ~p/ Deputy Sheri~f Sworn and Subscribed to before A.D. onota y ~ PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. 1000 TECHNOLOGY DRIVE, MAIL STATION O'FALLON, MO 63368-2240 CUMBERl,AND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-4625 CIVIL TERM GINGER R. RAMSEY Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against GINGER R. RAMSEY, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 9/3/05 to IlIl 0/05 TOTAL $120.163.01 $1,458.66 $121,621.67 I hereby certify that (I) the addresses ofthe Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, cop attached. t DAMAGES ARE HEREBY ASSESSED AS INDICATEDd. ~. . DATE: .//b{). 1I~1 aDoS .I" PRaPROTH~. ... (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. 1000 TECHNOLOGY DRIVE, MAIL STATION CUMBERI"AND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-4625 CIVIL TERM GINGER R. RAMSEY Defendant(s ). Notice is given that a Judgment in the above-captioned matter has been entered against you on ,/I x)! ') iI~ 209.S. By (1~r . /~ If you have any questions concerning this matter, please contact: 11\tt; DAN G. SC G, ESQ A rney for Plaint{ff ONE PENN CENTER AT SUBURB N STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** PHELAN, HALLINAN AND SCHMIEG . By: 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, l' A 19103 (71'n ,1\'1-7000 CITIMORTGAGE, INe., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. : CUMBERLAND COUNTY GINGER R RAMSEY Defendants : NO. 05-4625 TO: GINGER R. RAMSEY 100 NORTH 17TH STREET CAMPlULL,PA 17011 DATE OF NOTICE: OCTORF:R 5. 2005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. TIllS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT pURPOSE.lF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, TIllS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE. A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS. 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff DESCRIPTION ALL THAT CERTAIN tract ofland with improvements thereon erected situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at the Northwest comer of Walnut and 17th Streets (formerly Long Street); thence Westwardly along Walnut Street, 90.9 feet to a comer of land now or formerly of Clark Bair; thence Northwardly along said land, 98.02 feet to a point; thence Eastwardly along land now or formerly of Ervin E. Boyer, 90.00 feet more or less, to 17th Street; thence Southwardly along the Western line of 17th Street, 110.8 feet to the place of BEGINNING. BEING improved with a single one story brick dwelling house known as No. 100 North 17th Street, Camp Hill, Pennsylvania. BEING the same premises which R. Gregory Folk and Ellen G. Folk, his wife, by their deed dated January 29,1996 and recorded in the Cumberland County Recorder of Deeds Office in Book 134, Page 442, granted and conveyed unto Ellen G. Folk, Grantor herein. Being Parcel # 01-21-0269-194 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Ginger R. Ramsey, single person, by Deed from Ellen G. Folk, single person. dated 6-23-99, recorded 7-1-99 in Deed Book 202, page 1142. PRIOR DEED INFORMA nON TITLE TO SAID PREMISES IS VESTED IN Ellen G. Folk, Individually, by Deed from R. Gregory Folk and Ellen G. Folk, his wife, dated 1-29-96, recorded 1-30-96 in Deed Book 134, page 442 Premises: 100 North 17th Street, Camp Hill, PA 17011 ~ PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF CITlMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION GINGER R. RAMSEY NO. 05-4625 CIVIL TERM Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage () non-owner occupied () vacant o Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. . ~ PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. 1000 TECHNOLOGY DRIVE, MAIL STATION CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-4625 CIVIL TERM GINGER R. RAMSEY Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions ofthe Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant GINGER R. RAMSEY is over 18 years of age and resides at , 100 NORTH 17TH STREET, CAMP HILL, PA 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. (:) -{,Q, G (d --() ....> 0 r., "......, ~i"\ Jt:- Jl C> ~:..;' .-4 ~ ~~~ ~.....,.., 0 ;'il\~ ~ -- -:~l_":;, - - ~ -u . , F --:z 0...., .-::.'.(~ F ,"".i -- -'C' :;-:-) C> -,.- - _",-n ?, t; ~ g ~) , , en ~':;j ~ - ...,; <...i1 s: --.L..