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Home My WebLink About09-3816?j 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 Courtenay R. Dunn, Esq., Id. No. 206779 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 208152 CITIMORTGAGE, INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 Plaintiff V. AARON P. BROWN DANIELLE R. BROWN 1121 REBECCA STREET, CARLISLE, PA 17013-1632 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM 010"I NO. d I, 89N CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 208152 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 #: 208152 1. Plaintiff is CITIMORTGAGE, INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 2. The name(s) and last known address(es) of the Defendant(s) are: AARON P. BROWN DANIELLE R. BROWN 1121 REBECCA STREET CARLISLE, PA 17013-1632 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/03/2008 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR CITIMORTGAGE, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200807792. 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 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 02/01/2009 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 #: 208152 6 7. 8. The following amounts are due on the mortgage: Principal Balance $156,762.46 Interest $3,092.80 01/01/2009 through 06/09/2009 (Per Diem $19.33) Attorney's Fees $1,300.00 Cumulative Late Charges $451.35 03/03/2008 to 06/09/2009 Mortgage Insurance Premium / $93.81 Private Mortgage Insurance Cost of Suit and Title Search 750.00 Subtotal $162,450.42 Escrow Credit $0.00 Deficit $425.92 Subtotal 425.92 TOTAL $162,876.34 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 #: 208152 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 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $162,876.34, together with interest from 06/09/2009 at the rate of $19.33 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 By: (]*,*Xx xf z/3y L ence T. Phelan, Esquire 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 Courtenay R. Dunn, Esquire Attorneys for Plaintiff File #: 208152 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground and improvements thereon erected, located in North Middleton Township, Cumberland County, Pennsylvania, and being known as Lot Nos. 136 and 137 on the Plan of Lots known as Marriet Acres and Extensions 1 and 2, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 2, Page 105, and more particularly bounded and described as follows: BEGINNING at a point on the North line of Rebecca Avenue, said point being the dividing point or line between Lots Nos. 135 and 136; thence in a northwardly direction along lands now or formerly of Egolf, 150 feet to a point; thence in an eastwardly direction 105.5 feet to a point on line of lands now or formerly of Clyde Brenner; thence in a southerly direction along said lands 150 feet to a point on said Rebecca Avenue; thence in a westwardly direction along the northern line of Rebecca Avenue, 105.5 feet to the Place of Beginning. The above described lot of ground being improved with a two story frame dwelling, garage and other building. BEING the same premises which Kathie S. Trolinger, now by reason of marriage, known as Kathie S. Neidi, by Deed dated January 30, 2004, and recorded February 11, 2007, in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, in Book 261, Page 3181, granted and conveyed unto Aaron P. Brown, and Danielle Smyser, now by marriage, Danielle Brown, husband and wife, Mortgagors herein. PROPERTY BEING; 1121 REBECCA STREET PARCEL# 29-18-1367-041 File #: 208152 VERIFICATION The undersigned attorney 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 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. yaw Attorney for Plaintiff DATE: - 0 File #: 208152 4?1 OF FIB c n TARY 2009 jUN 10 15 cul/ PE Yo e #,/. f6 OY (,?? ?I ?l qty Sheriffs Office of Cumberland County R Thomas Kline 4„~,tr flt ~u~x~erl,~,~ Edwazd L Schorpp Sheriff ~'' ~~ ~ Solicitor tr ~,~~ ',~ Ronny R Anderson ~ ~' -'°` Jody S Smith Chief Deputy ~~ or arm ~'€s!FF Civil Process Sergeant SHERIFF'S RETURN 4F SERVICE 06/11/2009 02:56 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states thation June 11, 2009 at 1456 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Aaron Brown, by making known unto himself personally, defendant at 1121 Rebecca Street Carlisle, Cumberland County, Pennsylvania 17013 its contents and ~t the same time handing to him personally the said true and correct copy of the same. 06/11/2009 02:56 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 11, 2009 at 1456 hours, he served a true copy of the within Complaint in Mortgage Foreclosurfe, upon the within named defendant, to wit: Danielle R. Brown, by making known unto Aaron Brown, husband of defendant at 1121 Rebecca Street Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $49.40 SO ANSWERS, / ~~ ~- June 12, 2009 R THOMAS KLINE, SHERIFF -- ~_~~~ Deputy Sheriff 2009-3816 Citimortgage, Inc. v Aaron Brown C r°-a O ~, ~c+ ~ ~;, t-, , ~., .~ a''~ 07 ~~ ~ -~ -r~; ~?~: ~ ~~, ''" rrt