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Home My WebLink About10-1952Phelan 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 L,?oshua 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. 1000 TECHNOLOGY DRIVE MAIL STATION O'FALLON, MO 63368-2240 Plaintiff V. AIMEE D. SWANK CHARLES J. SWANK A/K/A CHARLES J. SWANK, JR. 44 LILAC DRIVE SILVER SPRING, PA 17050-3169 Defendants FILED-CFFICE OF THE PROTHIONOTA?Y 2010 MAR 19 AN 10: 13 f 71` CUN ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 10 - 105a Civi ITerM CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 0-S *ga.0o PO ArN cT 9 x304 4 R* a 3°I 1,37 232463 File #: 232463 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 232463 1. Plaintiff is CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE, MAIL STATION O'FALLON, MO 63368-2240 2. The name(s) and last known address(es) of the Defendant(s) are: AIMEE D. SWANK CHARLES J. SWANK A/K/A CHARLES J. SWANK, JR. 44 LILAC DRIVE SILVER SPRING, PA 17050-3169 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/12/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR SUPERIOR HOME MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1849, Page 1. 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 #: 232463 6. The following amounts are due on the mortgage: Principal Balance $152,074.75 Interest $9,693.14 01/01/2009 through 03/08/2010 (Per Diem $22.3946) Attorney's Fees $650.00 Cumulative Late Charges $691.80 12/12/2003 to 03/08/2010 Mortgage Insurance Premium / $170.24 Private Mortgage Insurance Costs of Suit and Title Search 550.00 Subtotal $163,829.93 Escrow Credit $0.00 Deficit $1,903.31 Subtotal $1,903.31 TOTAL $165,733.24 7 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 #: 232463 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 $165,733.24, together with interest from 03/08/2010 at the rate of $22.3946 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 property. By: PHELAN HALLINAN & SCHMIEG. LLP U Lawren e . PTielan, Es ., Id. No. 32227 ? Franc' S. Z?al5 linan, q., Id. No. 62695 ? Dan' 1 G. , sq., 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 File #: 232463 LEGAL DESCRIPTION All THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Silver Spring in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the westerly side of Lilac Drive (50 feet wide) at the dividing line between Lot Nos. 6 and 7 on the hereinafter mentioned plan of lots; thence along the dividing line between Lot Nos. 6 and 7 North 82 degrees 51 minutes 29 seconds East, the distance of 136.88 feet; thence North 10 degrees 07 minutes 20 seconds West, the distance of 77.59 feet; thence North 14 degrees 17 minutes 49 seconds East, the distance of 14.68 feet to a point at the dividing line between Lot Nos. 7 and 8 on said plan; thence South 85 degrees 56 minutes 50 seconds East, the distance of 144.48 feet to a point on the westerly side of Lilac Drive; thence along the arc of a curve having a radius of 325.00 feet, the arc distance of 63.50 feet to a point, the place of BEGINNING. BEING Lot No. 7 Section One on the Plan of Mulberry Crossing, as recorded in Plan Book 40, Page 142. PROPERTY ADDRESS: 44 LILAC DRIVE, SILVER SPRING, PA 17050-3169 PARCEL # 38-22-0146-016 File #: 232463 VERIFICATION V I t ?/ hereby states that he/she is 14 Awl I, PJ of CTTIMORTGAGE, INC., servicing agent for Plaintiff 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 the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S DATE: 4. C) ID Sec. 4904 relating Xuns orn falsification to authorities. Ay- Name: ' ? ???11G Title: ?,(??? r ? An ? t Y "` Company: CITIMORTGAGE, INC. DIANE K. EOFF Notary Public - Notary Seal State of Missouri St. Louis County Commission #09857304 My Commission Expires August 20, 2013 File #: 232463 Swank °f �047 1David 1D. Buell e p Renee 7G Simpson Prothonotary , e,: )' 15` Deputy Prothonotary ° `1 ,! z �irkS. Sohonage, ESQ Irene E. Morrow Solicitor 7750 2nd Deputy Prothonotary Office of the Prothonotary Cumberland County, ceennsyCvania jti - /9s2 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 291H DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE-THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • CarCste, PA 17013 • (717)240-6195 • Fax(717)240-6573