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Home My WebLink About08-1833PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JUDITH T. ROMANO, ESQ., Id. No. 58745 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 152485 ATTORNEY FOR PLAINTIFF CITIMORTGAGE, INC. SB/M TO COURT OF COMMON PLEAS ABN AMRO MORTGAGE GROUP, INC. 5280 CORPORATE DRIVE CIVIL DIVISION MS1011 FREDERICK, MD 21703 TERM Plaintiff NO. oivi V. CUMBERLAND COUNTY CHRISTOPHER R. SILVA AMY L. SILVA 257 NORTH 24TH STREET CAMP HILL, PA 17011 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 152485 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 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 152485 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 File #: 152485 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. File #: 152485 1. Plaintiff is CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 2. The name(s) and last known address(es) of the Defendant(s) are: CHRISTOPHER R. SILVA AMY L. SILVA 257 NORTH 24TH STREET CAMP HILL, PA 17011 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/20/2002 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1790, Page: 4883. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 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 03/01/2007 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 #: 152485 6. The following amounts are due on the mortgage: Principal Balance $182,174.64 Interest $11,172.15 02/01/2007 through 03/13/2008 (Per Diem $27.45) Attorney's Fees $1,250.00 Cumulative Late Charges $1,118.64 12/20/2002 to 03/13/2008 Cost of Suit and Title Search $550.00 Subtotal $196,265.43 Escrow Credit $0.00 Defecit $3,594.33 Subtotal $3,594.33 TOTAL $199,859.76 7. 8 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 152485 9. 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. 10. 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 $199,859.76, together with interest from 03/13/2008 at the rate of $27.45 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 1 By: Jlau W to FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File #: 152485 LEGAL DESCRIPTION All that certain lot of land situate in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the eastern line of 24th Street, said point being 60 feet measured southwardly along the eastern line of 24th Street from the southeast corner of 24th and Lincoln Streets; thence in an easterly direction along a line at right angles to 24th Street, 140.05 feet to Low Alley; thence in an southerly direction along the western line of Low Alley, 50 feet to a point; thence in an westerly direction along a line at right angles to 24th Street, 140.05 feet to 24th Street; thence in an northerly direction along the eastern line of 24th Street, 50 feet to a point or palce of beginning. Beinf Lot Nos. 51 and 52, the northern 3.35 feet of Lot no. 50, and the southern 6.65 feet to Lot No. 53, as shown on a Plan of Lots laid out by H. C. Zacharais in the Borough of Camp Hill, said Plan being recorded in the Cumberland County Recorders office in Plan Book 1, Page 1. PARCEL NO. 01-21-0271-075 PROPERTY BEING: 257 NORTH 24TH STREET File #: 152485 VERIFICATION I hereby state that I am the 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 I am 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 my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. t Attorney for Plaintiff U d- DATE: - 13-0 g N -TI mi CD - ( l{ Y Ell, 0 SHERIFF'S RETURN - REGULAR s ? CASE NO: 2008-01833 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS SILVA CHRISTOPHER R 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 SILVA CHRISTOPHER R the DEFENDANT at 1944:00 HOURS, on the 31st day of March at 257 NORTH 24TH STREET CAMP HILL, PA 17011 by handing to CHRISTOPHER R SILVE 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 18.00 Service 14.40 Affidavit .00 Surcharge 10.00 .00 W?b??oP 42.40 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 04/01/2008 PHELAN HALLINAN SCHMIEG By: Deputy Sheriff A. D. 2008 SHERIFF'S RETURN - REGULAR c CASE NO: 2008-01833 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS SILVA CHRISTOPHER R 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 SILVA AMY L the DEFENDANT at 1944:00 HOURS, on the 31st day of March 2008 at 257 NORTH 24TH STREET CAMP HILL, PA 17011 by handing to CHRISTOPHER R SILVA, 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 Sworn and Subscibed to before me this of So Answers: 6.00 00 .00 10.00 R. Thomas Kline .00 16.00 04/01/2008 PHELAN HALLINAN SCHMIEG By: day Deputy S riff , A.D. . 1 PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CITIMORTGAGE, INC. SBIM TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff VS. CHRISTOPHER R. SILVA A/K/A CHRISTOPHER ROBERT SILVA AMY L. SILVA A/K/A AMY LIPPINCOTT SILVA Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : NO. 08-1833-CIVIL-TERM : CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney r Plaintif n By: Fra cis S. Hallman, Esquire Date: 5/9/08 PHS #: 152485 i VERIFICATION Scott Scheiner hereby states that he/she is Assistant Vice President of CTTIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC., servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsi o authorities. Scott Schein , Assistant Vice President DATE: March 14, 2008 Company: CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Loan: 630619537 Fife #: 152485 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. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff VS. CHRISTOPHER R. SILVA A/K/A CHRISTOPHER ROBERT SILVA AMY L. SILVA A/K/A AMY LIPPINCOTT SILVA Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-1833-CIVIL-TERM : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiff s Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: CHRISTOPHER R. SILVA A/K/A CHRISTOPHER ROBERT SILVA AMY L. SILVA A/K/A AMY LIPPINCOTT SILVA 257 NORTH 24TH STREET CAMP HILL, PA 17011 Phelan Hallinan & Schmieg, LLP Attorney Plaintiff By: Franc's S. Hallinan, Esquire Date: 5/9/08 +C'? ?" ?. ca ? ? • .. ? ? . ? tT'( : ?i? S.sa? '? ~ ?gti ( . . ? ?.. w?i? . T y .._; t ? Ny ,,•. y ++ ? y ?1 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. s/b/m to ABN AMRO Mortgage Group, Inc. Christopher R. Silva Amy L. Silva Plaintiff vs. Defendant(s) PRAECIPE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division Cumberland County No. 08-1833-CIVIL-TERM 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: L% Francis S. Hal roan, Esquire Attorney for Plaintiff PHS# 152485