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Home My WebLink About09-0044 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 viGlichele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 19aao7 CITIMORTGAGE, INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM C! l/r ~ Defendant NO. dG~_ ~~LI CI CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE v. Plaintiff BRIAN L. JOHNSON 300 STUMPSTOWN ROAD, MECHANICSBURG, PA 17055 File #: 194407 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 maybe 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 (717) 249-3166 File #: 194407 1. Plaintiff is CTT'IMORTGAGE, INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 2. The name(s) and last known address(es) of the Defendant(s) aze: BRIAN L. JOHNSON 300 STUMPSTOWN ROAD, MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/03/1997 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ACCUBANC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1414, Page 276. By Assignment of Mortgage recorded 06/17/1998 the mortgage was assigned to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. which Assignment is recorded in Assignment of Mortgage Book No. 579, Page 716. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and aze incorporated herein by reference in accordance with Pa.R.C.P. 1019(8); 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. File #: 194407 5. 6. 7. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2008 and each month thereafter aze 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. The following amounts aze due on the mortgage: Principal Balance $106,688.56 Interest $5,003.32 06/01/2008 through 12/31/2008 (Per Diem $23.38) Attorney's Fees $1,325.00 Cumulative Late Chazges $329.35 11/03/1997 to 12/31/2008 Cost of Suit and Title Search 750.00 Subtotal $114,096.23 Escrow Credit $0.00 Deficit $200.03 Subtotal 200.03 TOTAL $114,296.26 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above maybe less than the amount demanded based on work actually performed. The attorney's fees requested aze 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. File #: 194407 8. 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. 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. File #: 194407 WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $114,296.26, together with interest from 12/31/2008 at the rate of $23.38 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. PHELAN HALLINAN & SCHMIEG, LLP r By: Lawrence T. Ph an, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire /Michele M. Bradford, Esquire ~ .~ • ~ ~i~' Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Attorneys for Plaintiff File ~: 194407 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Monroe, Cumberland County, Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a steel pin set on the southwesternmost dedicated right-of--way line of Stumpstown Road (T-570), said pin marking the common point of adjoiner of Lots #11 and #12 on the hereinafter mentioned plan with the Stumpstown Road right-of--way; thence extending in and along said right-of--way the following three courses and distances: South fifty-two degrees five minutes three seconds East (S 52 degrees 5 minutes 03 seconds E), for a distance of two hundred and no hundredths feet (200.00 feet) to a steel pin; thence continuing along said right- of-way line by an arc or curve to the right having a radius of one hundred fifty-eight and fifty- nine hundredths feet (158.59 feet), a chord bearing of South thirty-six degrees fifty minutes fifty- seven seconds East (S 36 degrees 50 minutes 57 seconds E), for a chord length of eighty-three and thirty-five hundredths feet (83.35 feet), and for an arc distance of eighty-four and thirty-four hundredths (84.34 feet) to a steel pin; thence continuing along said right-of--way, South twenty- one degrees thirty-six minutes fifty-one seconds East (S 21 degrees 36 minutes 51 seconds E), for a distance of one hundred fifty-two and eight hundredths feet (152.08 feet) to a steel pin at Lot #13 on the hereinafter mentioned plan of subdivision; thence departing from the Stumpstown Road right-of--way line and extending along Lot #13, South sixty-six degrees thirty-four minutes twenty-nine seconds West (S 66 degrees 34 minutes 29 seconds W), for a distance of five hundred one and ninety-three hundredths feet (501.93 feet) to a steel pin at Lot #11 on the hereinafter mentioned plan of subdivision; thence extending along Lot #11 the following two courses and distances: File #: 194407 North four degrees six minutes fifty-six seconds West (N 4 degrees 6 minutes 56 seconds W), for a distance of two hundred fifty-five and seven hundredths feet (255.07 feet) to a steel pin; thence continuing North thirty-seven degrees fifty-four minutes fifty-seven seconds East (N 37 degrees 54 minutes 57 seconds E), for a distance of three hundred fifty and no hundredths feet (350.00 feet) to a steel pin set on the southwesternmost dedicated right-of--way line of the Stumpstown Road, said pin mazking the place of BEGINNING. CONTAINING 3.3127 acres, more or less, and being designated as Lot #12 on a final plan of subdivision of Monroe Meadows, prepazed for Kimba, Inc. by Statler and Lahr, Registered Engineers, dated November 24, 1986, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 53, Page 34. PARCEL N0.22-11-0278-054 PROPERTY BEING: 300 STUMPSTOWN ROAD File #: 194407 VERIFICATION I hereby states that I am the attorney for the 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 aze based upon information supplied by Plaintiff and aze true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. Attorney for laintiff DATE: S ~ ~~ ~ ~' ~4'~ File #: 194407 f= p ~ Y } ~'} .- ~ O '~ +`\ V ~~ L ~ ~~ . ( rat G~. f N ~~ ~ ~J 1 ~. '~' fit" ,yy ~..~1 'c° - T'~lr ~ .n ~ 4 _l V , : I U • r~ i_`,i } ~~ `~ .wiry ^•~ MAY 2 6 2oosG IN THE COURT OF COMMON PLEAS ~', CUMBERLAND COUNTY, PENNSYLVANIA ~~~ CITIMORTGAGE, INC. Court of Common Plus Plaintiff i Civil Division v. I CUMBERLAND Co I~Znty BRIAN L. JOHNSON No. CIVIL 09-0044 II!I Defendant ORDER I~!, AND NOW, this ~ day o 009, upon consideration of Plai~tiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rull~~e entered upon Defendant shall be and is hereby made absolute; and Plaintiff's Motion to Damages in the above captained matter is hereby GRANTED. The Prothonotary is o~dered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as fol~ows: Principal Balance $106 688.56 Interest Through June 10, 2009 $8 745.57 Per Diem $23.38 Late Charges $ 64.60 Legal fees $1, 25.00 Cost of Suit and Title $ 01.50 Sheriff s Sale Costs j $0.00 Property Inspections/ Property Preservation $~ Z 10.00 AppraisalBrokers Price Opinion $0.00 Mortgage Insurance Premium / $ 106.90 Private Mortgage Insurance Non Sufficient Funds Charge ~~, $0.00 Suspense/Misc. Credits Escrow Deficit TOTAL ~$o.oo~ 1$694.08 $11,136.21 Plus interest from June 10, 2009 through the date of sale at six percent per annum. Note: T'he above figure is not a payoff quote. Sheriff s commission is no ud figure. ' .. ~• .. .. • B hiE C R , J. ~. x FiL~C}- ~)~"fii~E Of ThrE Pc~,Oil-~~~SOT'ARY 2009 ~~~~ ~ 0 A~ I f ~ S ~ _i^~` t'~i ~~~`du~ E {..~rr~i~~P~ :~ ,- .. ~.~,~~ _ eon. ~ ,.~.~ ~~,~ ~ ~~ a..o~ '>~ ` X