The URL can be used to link to this page

Home My WebLink About02-1492GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 500 - THE BOURSE BLDG. 111 S. INDEPENDENCE MALL EAST PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF CITIFINANCIAL MORTGAGE CO. INC. F/K/A FORD CDC 1111 Northpoint Drive Building 4, Suite 100 Coppell, TX 75019-3931 Plaintiff VS. SAMUEL PALUMBO SUSAN PALUMBO Mortgagor(s) and Real Owner(s) 234 E. Old York Road Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. OZ ~- IqC~3, CIVIL ACTION: MORTGAGE FORECLOSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 twenly (20) days after the Complaint and notice are served, by entering a written appearance personally or by atiomey 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 ajudg~nent may be entered against you by the Court without ftu'ther notice for any money claim in the Complaint of for any other claim or lelief requested by the Plaintiff. You may lose money or properly or other rights important to you. YOU SHOULD TAKE THIS POPER 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 BAR ASSOCIATION 2 Libe~ly Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 7 ! 7-243-9400 AV1SO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED. O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUYJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE. SIN NOTWICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUER1RA QUE USTED ClyMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR KAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO. PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO I~[MEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE AROGADOS), (215) 238-6300. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES ]NC 8 lrvine Row Carlisle, PA 17013 717-243-9400 COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff is CITIFINANCIAL MORTGAGE CO. INC. F/K/A FORD CDC, 111 ! Northpoint Drive, Building 4, Suite 100 Coppell, TX 75019-3931. The name(s) and address(es) of the Defendant(s) is/are SAMUEL PALUMBO, 234 E. Old York Road, Carlisle, PA 17013 and SUSAN PALUMBO, 234 E. Old York Road, Carlisle, PA 17013, who is/are the mortgagor(s) and real owner(s) of the mortgaged premises hereinafter described. On October 30, 1996 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FORD CDC, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1350 and Page 267. The mortgage has not been assigned unless said assignment to the Plaintiff is hereafter mentioned. These documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g). The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payment of principal and interest upon said mortgage due November 04, 2001, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest from 10/04/2001 through 03/31/2002 at 10.6500% Per Diem interest rate at $23.69 Attorney's Fee at 5.0% of Principal Balance $81,175.78 $3,482.43 $4,058.79 Costs of suit and Title Search Escrow $750.00 $89,467.00 $0.00 $89,467.00 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 based on work actually performed. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant(s) by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A". The Defendant(s) has/have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant(s) through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure in the sum of $89,467.00, together with interest at the rate of $23.69, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the mortgage, and for the foreclosure and sale of the mortgaged premises. By: OLIJ~BECK 1V~cCAFFERTY ~ M~KE~VER BY: JOSEPH A. ~GOLDBECK, JR., ESQU El~l~/ ATTORNEY FOR PLAINTIFF VERIFICATION I, , as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unswom falsification to authorities. Citifinancial Mortgage Company, Inc. I/E?WE~'N DAVID G. KUTZ and SHIRLENE M. KUTZ, his wife, of 234 East Old York Road, Carlisle, Cumberland County~ Penneylva~l&, hereinafter called ,nd SUSAN K. PAr'UMBO and SAMUEL. R. PALUMBO, her husband, of R. D. 1, Box 289A, Lewisberry, Pennsylvania, hereinafter called WITNE$$E?H. tA,tin ~,na~e~ffono/ One Dollar ($l.00) and other valuable consideration in~and/~hl, therec~.iptwher~ff ~ her'b~aWOton,~d~ed. DolOrs, a~tdeon~'rgtol~r ~idgmntees, their heirs and the ~M gmstors do ~erebv #~nt entireties: assigns as tenants by the ALL that certain tract of land with the ~mprovements thereon erected, situate in South Middleton Township, Cun~berland County, Pennsylvania; bounded and described as follows: BEGINNING at a spike in the center of the York Road, at the Eastern line of land of Coyle Lumber Company, Inc.: thence in an Eastorly direction along the center l~ne of the York Road, 124 feet. 4 inches to a point ~n said center line~ thence ~n a Southerly direct~on along land now or formerly of W. HarOld ClOne, 166 feet to a point at the Tail -Race~ thence .in a Westerly direct~on along said Tail Race 135 feet to a po~it on the Eastern line Of Coyle Lumber Company, lnc.~ thence ~n a Northerly direction along' the Easte=n line of sa~d land, 145 feet to the Place of BEGINNING. 'BEING improved with a frame bungalow and ou~bulldinga. ' BEING the same prOperty which was conveyed to David G. Eutz and Shirlene M. Eutz, his Wife, by Mary E. Kutz, Widow, by deed dated.October 29, 1980, and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book #E', Vol. 29, Page 272. THIS conveyance ~a from parents to child and spouse. ~oo~ ~30 r~ 963 03/05/2002 TUE 17:04 FAX 2155634491 F&P LITIGATION FEDERMAN AND PHELAN, L.L.P. One Penn Center at Subttrban Station 1617 John F. Kennedy Boulevard Suite 1400 215-563-7000 Fax: 215-568-5534 Represenl~og Lenders in Penmylvm6a and New Jersey December 22, 2001 TO: EXHIBIT A Sanmel Palumbo 113 Whiskey Springs Road Dfllsburg, PA. 17019-9712 Re: Susan Palumbo 113 Whiskey Springs Road Dillsburg, PA., 17019-9712 Premises: 234 East Old York Road, Carlisle, PA., 17013 Loan No.: 033753860375202 NOTICE OF INTENTION TO FORECLOSE we represent CitiFinnncial Mortgage Company Inc., the holder of the Mortgage on the above-referenced premises, who hereby advises that it will accelerate your Mortgage (demand payment in full) and pursue the foreclosure remedies permittedby the mortgage unless your loan delinquencies are cured as provided below. THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO }{EREINAND ~ INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, 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. If this is the first notice that you have received from this office be advised that: You ~ay dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days from receipt of this letter, this firm will obtain and provide you with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, you rmay request the name and address of the original creditor if different from above. The total delinquency, including late and other charges is $4,364.28 for the months of 9/04/01 through 12/04/01. Your ~ailure to pay the delinquent amount, plus any additional monthly payment and late and other charges (including any accrued interest) that 03/05/2002 TUE 15:49 [TX~RI NO 7845] [~006 03/05/2002 TUE 17:04 FAX 2155634491 F&P LITIGATION ~007 may come due within the next thirty three(33) days, will result in the acceleration of all sums due under your Mortgage. After acceleration occurs, a foreclosure action or any other remedy permitted by your mortgage may be instituted. To avoid the acceleration of your mortgage and subsequent foreclosure action, the delinquency mentioned above and any accrual thereto must be paid by CERTIFIED ~HE~K OR MONEY ORD~ and received in Our offices at CITIFINANCIAL MORT6~GE COMPANY INC., 2533 Mount Holly Road Burlington, N.J., 08016, in or before thirty three(33) days from the date of thi~ letter. Please call (800) 423-8156 for the exact amount required. You have the right to reinstate your mortgage after acceleration by fulfilling the conditions stated in your mortgage pertaining to such reinstatement. You may call our office to discuss these conditions. Any future negotiations attempting to reinstate your loan or acceptance of any payment less than the full amount due shall not constitute a waiver by the mortgage holder of the acceleration unless agreed to in writing by the mortgage holder. You have the righ= to assert in the foreclosure proceedings the non-existence of a default or any other defense to acceleration and foreclosure. Very truly yours, FEDERMAN AND PHELAN, L.L.P By: Frank Federman FF:ll cc: CitiFinancial Mortgage Company Inc. Attn:Collections Department 033753860373202 Loan ~o.: 03/05/2002 TUE 15:49 [TX/RX NO 7845] [~007