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Home My WebLink About06-0487 PHELAN HALLINAN & SCHMIEG, LLP LA WRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE ] 400 PHILADELPHIA, PA ]9103 (215) 563-7000 FIRST HORIZON HOME LOAN CORPORA nON 4000 HORIZON WAY IRVING, TX 75063 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DlVIS]ON TERM C/(.JlLl&..lr\ v. NO.ol.. - /..f1'7 CUMBERLAND COUNTY DENISE 1. BONETTI AfK/A DENISE 1. KAMOSS 113 EAST COLUMBIA ROAD ENOLA, P A 17025 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. IFYOU DO NOT HAVE A LA WYER, 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)990-9\ 08 File #: 129587 File #: 129587 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 FIRST HORIZON HOME LOAN CORPORA nON 4000 HORIZON WAY IRVrNG, TX 75063 2. The name(s) and last known addressees) of the Defendant(s) are: DENISE L. BONETTI AIKIA DENISE L. KAMOSS 113 EAST COLUMBIA ROAD ENOLA, P A 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 02/26/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLArNTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1799, Page: 409. 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 1 % U2005 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 #: 129587 6. The following amounts are due on the mortgage: Principal Balance Interest 09/01/2005 through 01/2312006 (Per Diem $12.87) Attorney's Fees Cumulative Late Charges 02/26/2003 to 01/23/2006 Cost of Suit and Title Search Subtotal $72,698.46 1,866.15 1,250.00 163.66 $ 550.00 $ 76,528.27 Escrow Credit Deficit Subtotal 0.00 45.54 $ 45.54 TOTAL $ 76,573.81 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. 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) 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 of1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 76,573.81, together with interest from 01/23/2006 at the rate of $12.87 per diem to the date ofJudgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP (~/ ,~~' By: Is/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 129587 , LEGAL DESCRIPTION ALL that certain lot ofland situate in the Township of East Pennsboro, County of Cumberland and tbe Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the northerly line of Columbia Road, at the distance of 137.653 feet measured westward along said line of road from the southwesterly extremity of the arc or curve connecting the westerly line of Beaver Avenue with the northerly line ofthe said Columbia Road, and extending thence westwardly along the northerly line of said Columbia Road. on a line curving toward the South with a radius of 638.95 feet, a distance of25.1265 feet to a point; thence North 14 degrees 56 minutes 30 seconds West, 150 feet, more or less, through the center ofa partition wall between this and adjoining house and beyond, to a point; thence North 75 degrees, 07 minutes East, 25 feet to a point; thence South 14 degrees 56 minutes 30 seconds East, 155.981 feet to the place of BEGINNING. HAVING THEREON ERECTED the eastern one-half of a double two and one-half story frame dwelling house known as 113 Columbia Road, Enola, Pennsylvania. BEING the same premises conveyed by deed of Fern M. Mullaney, single woman, dated June 30, 2000, and recorded July 6, 2000, in Cumberland County Deed Book 224, Page 923, to Carrie S. Zeigler, single woman, grantor herein. PROPERTY BEING: 113 EAST COLUMBIA ROAD File #: 129587 , VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on 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 his 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 falsification to authorities. ~/k~ FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ~ L~\O(P p P '69-. \ ~ ~ _ -t. ~ ....:t -:i v ~ ~ r- ~ ~ E ! - 8 .~ ::) , -;1 :...~~ ",'] - .. f"-' __..... ------ SHERIFF'S RETURN - REGULAR CASE NO: 2006-00487 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST HORIZON HOME LOAN CORP VS BONETTI DENISE L AKA DENISE L CPL. TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BONETTI DENISE L AKA DENISE L KAMOSS the DEFENDANT at 1611:00 HOURS, on the 13th day of February 2006 at 5 RICHLAND LANE 108B CAMP HILL, PA 17011 by handing to DENISE L BONETTI 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 39.60 .00 10.00 .00 67.60 So Answers: ~/')/ //..# r~~~~./g",,-y R. Thomas Kline 02/14/2006 PHELAN HALLINAN SCHMIEG day of --- 7 -r /f -~ / " <-,..-7 Sworn and Subscribed to before By: 0;- me this /7- ./:'-11- /-- /z,,>~, j D~uty She:t;iff / 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 First Horizon Home Loan Corporation Plaintiff ATTORNEY FORPLAINTWF Court of Common Pleas Civil Division vs. Cumberland County Denise L. Bonetti Defendant No. 06-487 PRAECIPE TO THE PROTHONOTARY: Please mark the above referenced case Discontinued and Ended without prejudice. x Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date:~ ~M Francis S. Hallinan, Esquire Attorney for Plaintiff . 129587 .--" ~ ~ ~ s ~CP '- ~:o in ~ ~\ ~~ ,..>-. zr~ , tn): t..> 2t ~.." ~ ""0 033 2.Cl ':J: :z:~ $<<2 t.f! 9 ~ ~ .&' ~