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Home My WebLink About09-19600/ ` Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Wfancis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele 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 200557 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 Plaintiff V. BRIAN L. CLARK, SR LORI A. CLARK 118 NORTH 4TH STREET, LEMOYNE, PA 17043-1605 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CI VI l NO.0 - 11U6 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 200557 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 (717) 249-3166 File #: 200557 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: BRIAN L. CLARK, SR LORI A. CLARK 118 NORTH 4TH STREET, LEMOYNE, PA 17043-1605 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/18/2002 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 No. 1790, Page 1425. 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 10/01/2008 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 #: 200557 6. The following amounts are due on the mortgage: Principal Balance $126,472.28 Interest $4,153.44 09/01/2008 through 03/23/2009 (Per Diem $20.36) Attorney's Fees $1,325.00 Cumulative Late Charges $326.48 12/18/2002 to 03/23/2009 Mortgage Insurance Premium / $167.90 Private Mortgage Insurance Cost of Suit and Title Search 750.00 Subtotal $133,195.10 Escrow Credit $0.00 Deficit $262.18 Subtotal 262.18 TOTAL $133,457.28 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 #: 200557 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $133,457.28, together with interest from 03/23/2009 at the rate of $20.36 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 ri By: Lawrence T. Phelan, Esquire Arancis S. Hallinan, Esquire Lz6Y.S' Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire 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 #: 200557 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land, situate in the Borough of Lemoyne, bounded and described in accordance with a survey and plan thereof dated June 25, 1963, prepared by Ernest J. Walker, Registered Engineer, Camp Hill, Pennsylvania, as follows: BEGINNING at a point on the western line of North Fourth Street, (formerly Bowers Avenue) said point being one hundred ten (110) feet in a northerly direction from the northern line of Walnut Street, said point being also at the dividing line between Lots 166 and 165 on the hereinafter mentioned plan of lots; THENCE along said dividing line South fifty eight (58) degrees West one hundred forty (140) feet to a point; THENCE North thirty two (32) degrees West eighty (80) feet to a point on the dividing line between Lots No. 163 and 164; THENCE along said dividing line North fifty eight (58) degrees East one hundred forty (140) feet to a point on the western line of North Fourth Street; THENCE along the same South thirty two (32) degrees East eighty (80) feet to a point, the place of BEGINNING. BEING Lots 164 and 165 on Revised Plan No. 2, Fort Washington, recorded in Plan Book 1, Page 77, Cumberland County Records. HAVING ERECTED THEREON a brick dwelling house known as 118 N. Fourth Street. UNDER AND SUBJECT, NEVERTHELESS to all restrictions, easements and rights of way of record. BEING THE SAME PREMISES which Wilbur S. Metcalf, Jr. and Jacqueline M. Metcalf, his wife, by their deed dated July 25, 1963, and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book X, Volume 20, Page 893, granted and conveyed unto Gary L. Wilkins and Donna J. Wilkins, his wife, Grantors herein. PROPERTY ADDRESS: 118 NORTH 4TH STREET PARCEL NUMBER: 12-21-0265-047 File #: 200557 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 f 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 unsworn falsifications to authorities. Attorney for Plaintiff (2_4 y r DATE-A- 2-d-01- ,s -TI C? TS, `Y1 l yA? .r c i i ShOiff s Office of Cumberland County R Thomas Kline 0"„tv at Cuinbrg"470 Edward L Schorpp Sheri Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFF t.E OF'?E S"ERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/06/2009 04:40 PM - Shawn Harriso , Deputy Sheriff, who being duly sworn according to law, states that on April 6, 2009 at 1640 hours, he se ed a true copy of the within Complaint in Mortgage Foreclosure upon the within named defendant, t wit: Brian L. Clark, Sr. by making known unto Brian L. Clark, Sr. at 118 N. 4th Street, Lemoyne, Cumberl nd County, Pennsylvania, 17043 its contents and at the same time handing to him personally the said tru and correct copy of the same. 04/06/2009 04:40 PM - Shawn Harrisc 2009 at 1640 hours, he se within named defendant, t defendant, at 118 N. 4th the same time handing to SHERIFF COST: $58.40 April 07, 2009 i, Deputy Sheriff, who being duly sworn according to law, states that on April 6, ved a true copy of the within Complaint in Mortgage Foreclosure upon the wit: Lori A. Clark by making known unto Brian L. Clark, Sr., husband of reet, Lemoyne, Cumberland County, Pennsylvania, 17043 its contents and at im personally the said true and correct copy of the same. SO ANSWERS, •S R TAOMAS tl IWE, SHERIFF 1112 puty S Docket NO. 2009-1960 Citimortgage v Brian Clark, ALED-OFFICE OF THE PP`r? (WO TARY 2009 AFR - 9 PM 2: 16 CUT ?- ,a ri. '. A w i si V i i ( dNi3YLVAtNA .A 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 Michele 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 Joshua I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff VS. BRIAN L. CLARK, SR LORI A. CLARK Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 2009-1960 : CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE PHS #: 200557 I& TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. PHELAN HALLINAN & SCHMIEG, LLP B J A. A J'A- -e- y. Lawrence T. Phelan, Esquire ,F'rancis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire 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 Joshua I. Goldman, Esquire Attorneys for Plaintiff Date: 04-27-09 PHS #: 200557 VERIFICATION Aaron Menne hereby states that he/she is Vice President of CITIMORTGAGE, INC., servicing agent for Plaintiff, CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC., 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 th best of his/her knowledge, information and belief The undersigned understands that t s tement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn fal fie tion to authorities. DATE: March 24, 2009 Company: CITIMORTGAGE, INC. Loan: 630956002 File #: 200557 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 Michele 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 Joshua I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ATTORNEY FOR PLAINTIFF CITIMORTGAGE, INC. S/B/M TO COURT OF COMMON PLEAS ABN AMRO MORTGAGE GROUP, INC. CIVIL DIVISION Plaintiff NO. 2009-1960 VS. CUMBERLAND COUNTY BRIAN L. CLARK, SR LORI A. CLARK Defendant(s) 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: BRIAN L. CLARK, SR 118 NORTH 4TH STREET, LEMOYNE, PA 17043-1605 LORI A. CLARK 118 NORTH 4TH STREET, LEMOYNE, PA 17043-1605 PHELAN HALLINAN & SCHMIEG, LLP By Lawrence T. Phelan, Esquire iTrancis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire 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 Joshua I. Goldman, Esquire Attorneys for Plaintiff Date: 04-27-09 pp- 2 ~. _ ~i_- ~~ .,. Phelan Hallinan & Schmieg, LLP _ ~ ~- ' ~ ~~ ~ ~~Attorney For Plaintiff 1617 JFK Boulevard Suite 1400 ~ ~ ~ m One Penn Center Plaza ~ '-` " ~~~~:' ~ ~ 3 ~ ~ ~ ' ~ i-. ~ , ...~ r I Philadelphia, PA 19103 215-563-7000 CITINIORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff vs BRIAN L. CLARK, SR LORI A. CLARK Defendant Court of Common Pleas Civil Division CUMBERLAND County No. 2009-1960 PRAECIPE TO THE PROTHONOTARY: Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. ^ ]'lease Vacate the judgment entered and mark the action Discontinued and Ended ~,~ithout prejudice. ^ Please mark the in rem judgment Satisfied and the actir~n Discontinued and Ended. ^ Please/ )Vacate the Judgment entered. Date : ~~/ ~` Z,~-'' ~ ... ~.~ - -~ .~. ~ - PHELAN HALL & SCHMIEG. LLP Allis e ~, Esq., Id. No.309519 Attorney for Plaintiff PHS # 200557 -NOT Phelan Hallinan & Schmieg, LLP 1617 .iFK Boulevard, Suite 1400 One Penn Center Plaza. Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff CITIMORTGAGE, INC. SB/M TO MORTGAGE GROUP, INC. Plaintiff BRIAN L. CLARK. SF, LORI A. CLARK Defendant v. ABN AMRO Court of Common Pleas Civil Division CUMBERLAND County No. 2009-1460 CERTIFICATION OF SERVICE 1 hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: BRIAN L. CLARK, SR LORI A. CLARK 118 NORTH 4TH STREET, LEMOYNE, PA 17043-~ 1605 Date: ~~ ~! -- ~ ~:~. _=.._ PHELAN HALL CHMIEG, LLP ~,,, _,,,.~~"` Allison F. ell , sq., Id. No.309519 .Attorney for Plaintiff PHS # ?00557 -NOT