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HomeMy WebLinkAbout06-3566 ~ 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 136544 CITIMORTGAGE, INe. 1000 TECHNOLOGY DRIVE MAIL STATION O'FALLON, MO 63368-2240 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CNIL DNISION TERM NO. O~. 35~f.. ~-r.t.,.A.., v. CUMBERLAND COUNTY PHANOMSONE O. PHOMMALATH NKJ A PHANOMSONE P. BECK S. P. BECK PHOMMALATH NKJA SENGNGEUNE B. PHOMMALATH NKJ A SENGNGEUNE P. BECK GEORGE M. BECK LOIS K. BECK 2621 MILL ROAD MECHANICSBURG, PA 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 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 INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, TIllS 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 #: 136544 File #: 136544 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 AFfER 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 CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE MAIL ST AnON O'FALLON, MO 63368-2240 2. The name(s) and last known address(es) of the Defendant(s) are: PHANOMSONE O. PHOMMALATH NKJ A PHANOMSONE P. BECK S. P. BECK PHOMMALA TH NKJA SENGNGEUNE B. PHOMMALATH NKJA SENGNGEUNE P. BECK GEORGE M. BECK LOIS K. BECK 2621 MILL ROAD MECHANlCSBURG, P A 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 11125/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR PRINCIPAL RESIDENTIAL MORTGAGE, INe. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1846, Page: 4744. PLAINTIFF is now the legal owner ofthe mortgage and is in the process offormalizing 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 said mortgage due 03/0112006 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 #: 136544 6. The following amounts are due on the mortgage: Principal Balance Interest 02/0 lf2006 through 06/2 I/2006 (Per Diem $17.85) Attorney's Fees Cumulative Late Charges 11/25/2003 to 06/21/2006 Cost of Suit and Title Search Subtotal $104,243.72 2,516.85 1,250.00 131.88 $ 550.00 $ 108,692.45 Escrow Credit Deficit Subtotal TOTAL 0.00 1,047.58 $ 1.047.58 $ 109,740.03 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 of Intention 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 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 109,740.03, together with interest from 06/21/2006 at the rate of$17.85 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 r/~~ <eI' J~- By: /sIFrancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 136544 ~ LEGAL DESCRIPTION ALL THAT CERTAIN tract ofland situate in the Township of Upper Allen, County of Cumberland, and Commonwealth of Pennsylvania, being known as Tract No.1 as shown on a survey prepared by Land Surveying Services, Inc., dated 3/19/92 bearing Drawing No. AB-OI03, more particularly bounded and described as follows, to wit: BEGINNING at a nail (set) on the eastern line of Mill Road (T-610) and the line of ad joiner between lands now or formerly of Dorothy Fest and the herein described Tract No. I, North 70 degrees 30 minutes 00 seconds East, a distance of 240.90 feet to a point on the dividing line between Tract No.2 and the herein described Tract No. I; thence along said dividing line, South 09 degrees 00 minutes 00 seconds West, a distance of 557.54 feet to a point on the dividing line between lands now or formerly of Gerald P. Minnich and the herein described Tract No. I; thence along said dividing line, North 76 degrees 00 minutes 00 seconds West, a distance of 130.53 feet to a point; thence North 04 degrees 30 minutes 00 seconds West, a distance of 16.50 feet to a point; thence North 84 degrees 30 minutes 00 seconds West, a distance of 16.50 feet to a point; thence North 09 degrees 00 minutes 00 seconds West, a distance of 115.50 feet to a point in the centerline of Mill Road (T-610); thence North 04 degrees 12 minutes 40 seconds East, a distance of307.41 feet to a nail (set) on the eastern line of Mill Road (T-6IO) and the dividing line between lands now or formerly of Dorothy Fest and the herein described Tract No. I, the point and place of BEGINNING. CONTAINING 2.164 acres and having thereon erected a two-story residential dwelling house. EXCEPTING AND RESERVING, nevertheless, a 20-foot utility easement for public sewer and water on the southern and of the above-described premises traversing said premises from Mill Road in an easterly direction to the eastern boundary of the said premises, the location of which shall be in the area of the six-inch line identified on the attached survey of Land Surveying Services, Inc., dated March 19, 1992. BEING PART OF THE SAME PREMISES which Albert A. Yost and Matilda B. Yost, his wife, by their Deed dated and recorded November 4,1949, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book G-14, Page 385, granted and conveyed unto Richard D. Renard. The said Richard D. Renard died December 14, 1991, leaving a Will duly proven and probated and filed of record in the Cumberland County Register of Wills Office to No. 21-92-08, wherein and whereby he appointed Richard L. Renard and Don Paul Renard as Co- Executors of his Last Will and Testament, Grantors herein. PROPERTY BEING: 2621 MILL ROAD File #: 136544 VF,RTmrATTON 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 infonnation supplied by Plaintiff and are true and correct to the best of his knowledge, infonnation and belief. Furthennore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel . The Wldersigned Wlderstands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~)kL- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: .~~ ~ r ~ !"~ ;.:::; () "" -'(1 v, ) :.:;:1 ... - ~,'-- fi,Il ~ \-> t".) ,- 8 .... {.;~ ...0 GJ - C'"' v, 2 '" (:"\ -:> 'A ,- :~) ,-:-"", \J\ ,'r') ~ /"",.') -, . 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. ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Phanomsone O. Phommalath, a!k/a Phanomsone P. Beck S.P. Beck Phommalath, alk/a Sengngeune B. Phommalath, a!k/a Sengngeune P. Beck George M. Beck Cumberland County Defendant(s) No. 06-3566 PRAECIPE TO THE PROTHONOTARY: X Please mark the above referenced case Discontinued and Ended without prejudice. _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: ~~/~ , ~~ J:..~ Francis S. Hallinan, Esquire Attorney for Plaintiff PHS # 136544 '-J '-';'1 (,; C: ....-;r c.J SHERIFF'S RETURN - REGULAR . CASE NO: 2006-03566 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS PHOMMALATH PHANOMSONE 0 ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BECK GEORGE M the DEFENDANT , at 1925:00 HOURS, on the 29th day of June , 2006 at ONE COLLEGE AVENUE GRANTHAM, PA 17027 by handing to CHRISTINE OCHIENG, ADULT IN CHARGE OF RESIDENCE 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 So Answers: 6.00 9.68 .00 10.00 .00 25.68/ ;;/)..VI (J 0 ,r~~ R. Thomas Kline day 06/30/2006 PHE~y~HM; ~ Deputy S eriff ~ Sworn and Subscibed to before me this of A.D. SHERIFF'S RETURN - REGULAR . CASE NO: 2006-03566 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS PHOMMALATH PHANOMSONE 0 ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BECK LOIS K the DEFENDANT , at 1925:00 HOURS, on the 29th day of June , 2006 at ONE COLLEGE AVENUE GRANTHAM, PA 17027 by handing to CHRISTINE OCHIENG, ADULT IN CHARGE OF RESIDENCE 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 ,.../ 1/ J.--L/() & So Answers: ~:,~'(....., ".p7 ;;~;- ..~.;;:~:';::.~'~?''.' ;",."',""',.:4 /fe-J "/ R. Thomas Kline C}.- 06/30/2006 PHELAN HALLINAN SCHMIEG before me this day By: ~V/ ~ Deputy Sheriff Sworn and Subscibed to of A.D. SHERIFF'S RETURN - REGULAR r .. CAS E NO: 2 0 0 6 - 03 56 6 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS PHOMMALATH PHANOMSONE 0 ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PHOMMALATH PHANOMSONE 0 AKA PHANOMSONE P BECK the DEFENDANT , at 1730:00 HOURS, on the 22nd day of June , 2006 at 2621 MILL ROAD MECHANICSBURG, PA 17055 by handing to PHANOMSONE BECK 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 18.00 8,80 .00 10.00 .00 36.80/' 11u1D~ So Answers: r'~~J R. Thomas Kline 9- 06/30/2006 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to BY'~(,~~ Deputy S iff before me this day of A.D. SHERIFF'S RETURN - REGULAR . CASE NO: 2006-03566 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS PHOMMALATH PHANOMSONE 0 ET AL GERLAD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PHOMMALATH S P BECK AKA SENGNGEUNE B PHOMMALATH AKA the DEFENDANT , at 1730:00 HOURS, on the 22nd day of June , 2006 at 2621 MILL ROAD MECHANICSBURG, PA 17055 by handing to PHANOMSONE BECK, HUSBAND 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: 6.00 .00 .00 10.00 .00 16.00/ "/}"& /H .rg~~e~,~~:.~.J R. Thomas Kline ~ 06/30/2006 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to BY:~U ~_ Deput:~ before me this day of A.D.