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Home My WebLink About02-4449 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (.?35) ~6~-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CITIMORTGAGE, INC.,D/B/A CITICORP MORTGAGE, INC., F/K/A SOURCE ONE MORTGAGE CORPORATION 27555 FARMINGTON ROAD FARMINGTON HILLS, MI 48334 Plaintiff TERM No. 02 CUMBERLAND COUNTy JI/VlMY L. BETZ $ODY M. BETZ 121 NORTH SPORTING HILL ROAD MECHANICSBURG, PA 17055 Defendant(s) COMPI.AINT IN MORTGAGE FORECI,O,qlIRe: NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION 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. ** 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 702791754 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 VglTHIN 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. Plaintiff is CITIMORTGAGE, INC.,D/B/A CITICORP MORTGAGE, INC., F/K/A SOURCE ONE MORTGAGE CORPORATION 27555 FARMINGTON ROAD FARMINGTON H/LLS, MI 48334 The name(s) and last known address(es) of the Defendant(s) are: JIMMY L. BETZ JODY M. BETZ 121 NORTH SPORTING HILL ROAD MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 12/29/99 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to BROADVIEW MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1591, Page 78. By Assignment of Mortgage recorded 1/7/00 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 635, Page 243. Said mortgage was modified as set forth in the modification agreement dated 3/12/02, in Mortgage Book No.685, Page 227 I. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 4/1/02 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. The following amounts are due on the mortgage: Principal Balance Interest 3/1/02 through 8/1/02 (Per Diem $22.38) Attorney's Fees Cumulative Late Charges 12/29/99 to 8/1/02 Cost of Suit and Title Search Subtotal $96,104.87 3,446.52 1,250.00 0.00 55O 00 $101,351.39 Escrow Credit Deficit 0.00 Subtotal 52Z33. TOTAL $101,873.52 The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event cfa third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. WHEREFORE, PLAINTIFF demands an/n rem Judgment against the Defendant(s) in the sum of $101,873.52, together with interest from 8/1/02 at the rate of $22.38 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. FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff County, Peunolvani~, boundtd ;md dc~gb~d in a~:~rdun~o wlih sur~my and plan fl~r~ofm=dc by G~"rrit ,l', ~c~ Rc~ist~.cd $~e?or, d~t~l April I 6, 1979, is follows: BI~.IlVlqINC ~, a point mm'k~ by an i~2n pin, ~ thc w~ aide of Spo~g Hill ~i~ b=as 100 f~ Sou~ o[~m ~u~w~ ~m~ o~S~n~ Hill R~ · ~c ~B ~e w~m ~d= o~S~i Hill ~ 3~ 18 dc~ 30 miflut~ to ~ ~ron pin at t c~ ofl~d fo~ly o/A. L. ~ ~ ~w or [a~ of~ Gi~rc; t~c~ minv~ ~ ~ f~ ~ ~ iwn pin a a ~m~ of I~ f~y of ~ ~o~, ~ or I~ o~ CI~.~ ~; t~c= gong ~;6 l~d, ~out 7t d~ 30 minvt~ ~ 1 ~5 f~t t0 ~c po~t ~d pl~ of B~G. BEINC Lot 1~'o. 12 and ~hc nori{u~n 23 £¢~ oiLer No. 13 on ~= Pl~ of~ ~cd P[~ No. 2 Page 24, HAVING THERRON ~'c~i a on~,.~t~ slucco ~d ~e ~cilin{ ~o~ ~ ~. 121 N. Spo~g HiU Roa~ ~ov~m~ ?~n. FRANCIS S. HALLINAN, ESQU12~E 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 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 th .. information and b-" £ - . . e best oflts knowledge, chef. Furthermore, it is COUnsel's inte-~; from Plaintiff as soon as it is received by counsel. -,,,,~- to Suostltute a verification 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. DATE: ~/_~~ Francis S. Hallinan, Esquire Attorney for Plaintiff SHERIFF'S RETURN CASE NO: 2002-04449 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC DBA CITICORP VS BETZ JIMMY L ET AL - REGULAR 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 BETZ JIMMY L the DEFENDANT , at 1908:00 HOURS, on the 23rd day of September, 2002 at 121 NORTH SPORTING HILL ROAD MECHANICSBURG, PA 17055 JODY M BETZ, WIFE by handing to 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 18.00 Service 8.28 Affidavit .00 Surcharge 10.00 .00 36.28 Sworn and Subscribed to before me this 'Y ~ day of ~d-~ ~, ~ A.D. ! 'pr~hO~S{ar~ So Answers: R. Thomas Kline 09/24/2002 PEDERMAN & PHELAN By: SHERIFF'S RETURN - REGULAR CASE NO: 2002-04449 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC DBA CITICORP VS BETZ JIMMY L ET AL 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 BETZ JODY M the DEFENDANT , at 1908:00 HOURS, at 121 NORTH SPORTING HILL ROAD on the 23rd day of September, 2002 MECHANICSBURG, PA 17055 JODY M BETZ by handing to 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this '? ~ day of ~ A.D. ! ~' p~o~honotary ~ So Answers: R. Thomas Kline 09/24/2002 FEDERMAN & PHELAN By: eputy ~herif f FEDERMAN AND PHELAN, LLP By: Frank Federman, Esquire I.D. No. 12248 Lawrence T. Phclan, Esquire I.D. No. 32227 Francis S. Hallinan, Esquire I.D. No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff CITIMORTGAGE, INC. D/B/A CITICORP MORTGAGE, INC. F/K/A SOURCE ONE MORTGAGE CORPORATION Plaintiff VS. JIMMY L. BETZ JODY M. BETZ Court of Common Pleas CUMBERLAND County No,, 02-4449 Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT WITHOUT PREJUDICE AND SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: matter settled, discontinued and ended, upon payment of your costs Date Frank Fedet~--an,','"~s Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark this tire Lawrence T. Phela~_ squire Francis S. Hallinan, Es. uire Attorneys fi)r Plaintiff