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Home My WebLink About09-2171Phelan 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 201124 ATTORNEY FOR PLAINTIFF RBS CITIZENS, N.A. F/K/A CITIZENS BANK, N.A. COURT OF COMMON PLEAS SB/M TO CITIZENS MORTGAGE CORP. 10561 TELEGRAPH ROAD CIVIL DIVISION GLEN ALLEN, VA 23059 TERM Plaintiff V. NO. '7 CUMBERLAND COUNTY ANTHONY J. FLICK 429 MARKET STREET NEW CUMBERLAND, PA 17070-1941 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 201124 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 #: 201124 1. Plaintiff is RBS CITIZENS, N.A. F/K/A CITIZENS BANK, N.A. SB/M TO CITIZENS MORTGAGE CORP. 10561 TELEGRAPH ROAD GLEN ALLEN, VA 23059 2. The name(s) and last known address(es) of the Defendant(s) are: ANTHONY J. FLICK 429 MARKET STREET NEW CUMBERLAND, PA 17070-1941 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/27/2002 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. 1775, Page 1349. 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 #: 201124 6. The following amounts are due on the mortgage: Principal Balance $80,152.11 Interest $2,633.75 09/01/2008 through 04/03/2009 (Per Diem $12.25) Attorney's Fees $1,300.00 Cumulative Late Charges $200.40 09/27/2002 to 04/03/2009 Mortgage Insurance Premium / $70.60 Private Mortgage Insurance Cost of Suit and Title Search 750.00 Subtotal $85,106.86 Escrow Credit $0.00 Deficit $62.38 Subtotal 62.38 TOTAL $85,169.24 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 #: 201124 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 $85,169.24, together with interest from 04/03/2009 at the rate of $12.25 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 / kg&t?-- By• ? Lawrence T. Phelan, Esquire Z q? /Francis 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 Attorneys for Plaintiff File #: 201124 LEGAL DESCRIPTION ALL THOSE TWO adjoining tracts or pieces of land together with the improvements thereon erected, situate, lying and being on the easterly line of Market Street in the Borough of New Cumberland, in the County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: TRACT NO. 1 BEGINNING at a point on the easterly line of Market Street in the Borough of New Cumberland at the dividing line between Lot Nos. 78 and 79, as shown on the General Plan of the Borough of New Cumberland, as recorded; thence north along the easterly line of Market Street, 26-1/2 feet to the center of the partition wall of a double two and one-half story frame dwelling house; thence east along and through said partition wall separating the properly herein described from No. 431 Market Street, 50 feet, more or less, to a point; thence in a southerly direction, 1-1/2 feet, more or less, to a point; thence eastwardly 110 feet, more or less, to the westerly line of a public alley; thence southwardly along the westerly line of said alley, 25 feet to the northerly line of Lot No. 78; and thence westwardly by northerly line of Lot No. 78, 150 feet to the easterly line of Market Street, the point or place of BEGINNING. TRACT NO.2 BEGINNING at a point in the center of Lot No. 79 in the General Plan of Lots of the Borough of New Cumberland, which point is equal distant from the southerly line of Lot No. 80 and the northerly line of Lot No. 78, measured along the easterly line of Market Street; thence eastwardly 46 feet, more or less, to a point; thence northwardly 1-1/3 feet to a point at the center of the partition wall separating house Nos. 429 and 431 Market Street; File #: 201124 Thence along the center of the partition wall aforesaid, westwardly 46 feet, more or less, to the easterly line of Market Street; thence along the easterly line of Market Street, southwardly 1-1/3 feet to the place of BEGINNING. Tracts 1 and 2 being the southern portion of Lot No. 79, as shown on the General Plan of the Borough of New Cumberland, as recorded in Plan Book 2, Page 23. HAVING THEREON ERECTED the southerly half of a two and one-half story double frame dwelling house known and numbered as 429 Market Street, New Cumberland, Pennsylvania. The double dwelling house erected on Lot No. 79 not being constructed so that the center line of said house is upon the center line of said 50 foot wide lot, what the above description shows and what is intended to be herein conveyed by the Grantor is a tract 26-1/2 feet fronting on Market Street and from thence running along and through the center of the partition wall separating Nos. 429 and 431 Market Street, New Cumberland, Pennsylvania, the entire depth of said house approximately 46 feet, more or less, and from thence dropping back to the center line of said Lot No. 79 and continuing eastwardly the remaining depth of said lot at a width of 25 feet to the westwardly line of a public alley. UNDER AND SUBJECT to easements, restrictions, reservations, conditions and rights-of-way of record or visible on the premises. BEING THE SAME PREMISES which Donna L. Fasnacht, single woman, by Deed dated August 12, 1998 and recorded August 14, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 183, Page 518, granted and conveyed unto Germaine K. Haut, single woman, Grantor herein. PARCEL NO: 25-24-0813-033 PROPERTY ADDRESS: 429 MARKET STREET File #: 201124 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 the 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 DATE: ?' 2 07 FILED-OFFICE OF TFE PRCTf' OTARY 2009 APR -7 AM 10: 02 cure; t < PENNSYLVANIA fbf- ? ) !? 3 5-5' Sheriffs Office of Cumberland County R Thomas Kline '??or 0 sir,-16ef' Edward L Schorpp Sheriff's '??` Solicitor Ronny R Anderson Jody S Smith o?F l F -r-E ?__? F€ Civil Process Sergeant Chief Deputy SHERIFF'S RETURN OF SERVICE 04/13/2009 07:22 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 9, 200E at 1922 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Anthony J. Flick, by making known unto himself personally, defendant at 429 Market Street New Cumberliand, Cumberland County, Pennsylvania 17070 its contents and at, the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $43.30 SO ANSWERS, April 13, 2009 R THOMAS KLINE, SHERIFF 2009-2171 RBS CITIZENS, NA VS ANTHONY J. FLICK Y Deputy Sheriff c? N c> c a -n , d?'_tr' fll? - .. : ?-.. ?- ti? r'i`I 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 1. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 RBS CITIZENS, N.A. F/K/A CITIZENS BANK, N.A. S/B/M TO CITIZENS MORTGAGE CORP. Attorney for Plaintiff Plaintiff Court of Common Pleas CUMBERLAND County Vs. No. 09-2171 ANTHONY J. FLICK Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT WITHOU'T' PRETUDICE AND DISCONTINUE AND END TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark this case discontinued and ended, upon payment of your cos, Date Lawrence T. P e , quire Francis 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 201124 Attorneys for Plaintiff ?233? FILED-.O -1 ;E OF THE" 2DO9 HAY _4 FPM 12: 35 ? Fy ?? i'1 3 R