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Home My WebLink About10-1342Phelan 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 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 V. FILET... - T?j ARY «l O FEB 24 kl 10. 4 0 ATTORNEY FOR PLAINTIFF 231102 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. /0 - 134 Cut C l HAI H. HUYNH CUMBERLAND COUNTY HONG T. TRAN 1427 SIMPSON FERRY ROAD NEW CUMBERLAND, PA 17070-1559 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE p 492.vo aL iu? G'K- 4?s File #: 231102 V 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. I 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 231102 1. Plaintiff is CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. 5280 CORPORATE DRIVE, MS 1011 FREDERICK, MD 21703 2. The name(s) and last known address(es) of the Defendant(s) are: HAI H. HUYNH HONG T. TRAN 1427 SIMPSON FERRY ROAD NEW CUMBERLAND, PA 17070-1559 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/09/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to LEGACY BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1880, Page 4547. By Assignment of Mortgage recorded 10/06/2004 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 712, Page 404. 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 t,9jattach: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 11/01/2009 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 #: 231102 ist : l C ti Li i3 , '6. The following amounts are due on the mortgage: Principal Balance $68,696.07 Interest $1,716.96 10/01/2009 through 02/23/2010 (Per Diem $11.76) Attorney's Fees $650.00 Cumulative Late Charges $113.25 09/09/2004 to 02/23/2010 Property Inspections $160.62 Costs of Suit and Title Search 550.00 Subtotal $71,886.90 Escrow Credit ($821.80) Deficit $0.00 Subtotal 821.80 TOTAL $71,065.10 7. 8. Plaintiff is not seeking a judgment Q£pg sRnalliability (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. 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 mortgageea 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 #: 231102 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $71,065.10, together with interest from 02/23/2010 at the rate of $11.76 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged pro f kh?. PHELAN'HALLINAN & SCHMIEG, LLP By. ? Lawrence T. Phelan, Es Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 Veetal dith T. Romano, Esq., Id. No. 58745 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 ?;{?rbv2?lante P. Fliakos, Esq., Id. No. 94620 ?,Joshua L. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 231102 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the northerly line of Simpson Ferry Road at the dividing line between Lots Nos. 12 and 13 on the hereinafter mentioned Plan of Lots; (Simpson Ferry Road sixty (60) feet wide); thence in a northerly direction along said dividing line, one hundred five (105) feet to Lot No. 33 on said Plan; thence in a westerly direction along Lots Nos. 33 and 15, sixty (60) feet to Lot No. 14 on said Plan; thence in a southerly direction along said Lot No. 14, one hundred five (105) feet to the northerly line of Simpson Ferry Road; thence in an easterly direction along the northerly line of Simpson Ferry Road, sixty (60) feet to the place of BEGINNING. BEING Lot No. 13 in the Plan of Forrest Hills as recorded in the Cumberland County Recorder's Office in Plan Book 4, Page 54. UNDER AND SUBJECT nevertheless to the exceptions, reservations, restrictions and conditions as contained in prior deeds of conveyance. PROPERTY ADDRESS: 1427 SIMPSON FERRY ROAD, NEW CUMBERLAND, PA 17070-1559 PARCEL # 26-24-0809-106 File #: 231102 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. Attorney for Plaintiff DATE: File #: 231102 b SHERIFF'S OFFICE OF CUMBERLAND COUNT~C Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor ~$~~yc1~' at ~u+nbrr~r~~ ,~, _ ~.. ~ ~ ~- ti ~; ~~!- i ~'3FFi~E ?c THE S~ERIF€ ;a~ -;~~s~,c o~ra~~ 2410 M~~ -5 P~ 2' 36 Cl,)N1~'~ ,~ '~I~,y11° rFf~ I,~~';'L~~a' ,~~~'- Citimortgage Inc Case Number vs. Hai H. Huynh (et al.) 2010-1342 SHERIFF'S RETURN OF SERVICE 03/02/2010 08:46 PM -Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on March 2, 2010 at 2046 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Tran T. Hong, by making known unto himself personally, at 1427 Simpson Ferry Road, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to him personally the said true and correct copy of the same. ~.~~ ~C4~`'-' STEPHEN`'BENDER, DEPUTY 03/02/2010 08:46 PM -Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on March 2, 2010 at 2046 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Hai H. Huynh, by making known unto Tran T. Hong, adult in charge at 1427 Simpson Ferry Road, New Cumberland, 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: $59.30 March 03, 2010 _ ,(~~~,~ STEP N BE DER, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF (ci CountySuite Sheriff. Teleosoft. Inc. Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff vs HAI H. HUYNH HONG T. TRAN Defendant : Court of Common Pleas Civil Division CUMBERLAND County : I No. 10-1342-CIVIL TERM PRAECIPE TO THE PROTHONOTARY: Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: November 15, 2010 t" :5 w a- _ PM# ,ffl2 PHE A HALLINAN & SCHMIEG, LLP By: 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 Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff