The URL can be used to link to this page

Home My WebLink About11-4986Phelan 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 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 270702 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 Plaintiff V. MICHAEL L. BROWN TAMMY L. BROWN 310 STUMPSTOWN ROAD MECHANICSBURG, PA 17055-9602 Defendants OF THE PROTHONOTARY 2011 JUN 16 AM 10: 3 5 CUMBERLAND COUNTY PENNSYLVANIA ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM 6V0 NO. 1 I - t4 oft CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 270702 a %019. 00 PCI e?.?- logagss 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 #: 270702 Plaintiff is CITIMORTGAGE, INC. S/B/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: MICHAEL L. BROWN TAMMY L. BROWN 310 STUMPSTOWN ROAD MECHANICSBURG, PA 17055-9602 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/06/2003 MICHAEL L. BROWN and TAMMY L. BROWN 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. 1796, Page 3495. 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01/01/2011 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 #: 270702 6 The following amounts are due on the mortgage as of 04/30/2011: Principal Balance $89,475.58 Interest $2,123.73 12/01/2010 through 04/30/2011 Late Charges $212.35 Subtotal $91,811.66 Escrow Credit $113.77 TOTAL $91,697.89 7 8 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. 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. File #: 270702 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $91,697.89, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP B ?.• Y• 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 ? 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 ? Allison F. Wells, Esq., Id. No. 309519 ? Wil ' m E. Miller, Esq., Id. No. 308951 elissa J. Scheiner, Esq., Id. No. 308912 Attorneys for Plaintiff File #: 270702 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Monroe, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a steel pin set on the westernmost dedicated right-of-way line of Stumpstown Road (T-570), said pin marking the common point of adjoiner of Lots #14 and #15 on the hereinafter mentioned plan of subdivision; thence departing from the Stumpstown Road right-of- way, and extending along Lot # 15 the following three courses and distances: South sixty-seven degrees eighteen minutes twenty-eight seconds West (S 67 degrees 18 minutes 28 seconds W), for a distance of two hundred seventy and no hundredths feet (270.00 feet) to a steel pin; thence continuing South forty-five degrees twenty-seven minutes forty-one seconds West (S 45 degrees 27 minutes 41 seconds W), for a distance of one hundred eighty-five and no hundredths feet (185.00 feet) to a steel pin; thence continuing South sixteen degrees twenty-eight minutes twenty-seven seconds West (S 16 degrees 28 minutes 27 seconds W), for a distance of four hundred ninety-four and twenty-seven hundredths feet (494.27 feet) to a steel pin at Lot #16 on John-Mar Acres; thence extending along Lot #16 on the John-Mar Acres subdivision, North forty-four degrees thirty minutes no seconds West (N 44 degrees 30 minutes 00 seconds W), for a distance of three hundred thirty-two and forty-four hundredths feet (332.40 feet) to an existing steel pin at Lot # 13 on the hereinafter mentioned plan; thence extending along Lot # 13 on the hereinafter mentioned plan, North forty-four degrees twenty-seven minutes fourteen seconds West (N 44 degrees 27 minutes 14 seconds E), for a distance of six hundred thirty-nine and fifty- seven hundredths feet (639.57 feet) to a steel pin; thence continuing North sixty-seven degrees eighteen minutes twenty-eight seconds East (N 67 degrees 18 minutes 28 seconds E), for a distance of two hundred ninety and no hundredths feet (290.00 feet) to a steel pin set on the File #: 270702 westernmost dedicated right-of-way line of the Stumpstown Road; thence extending in and along the westernmost dedicated right-of-way line of the Stumpstown Road, South twenty-.one degrees thirty-six minutes fifty-one seconds East (S 21 degrees 36 minutes 51 seconds E), for a distance of one hundred five and no hundredths feet (105.00 feet) to a steel pin on said dedicated right-of- way line at Lot 415, the said pin marking the place of BEGINNING. CONTAINING 3.283 acres, and being designated as Lot #14 on a final plan of subdivision of Monroe Meadows, prepared for Kimba, Inc. by Statler and Lahr, Registered Engineers, dated November 24, 1986, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 53, at page 34. UNDER AND SUBJECT, NEVERTHELESS, to all notes and conditions set forth on the plan of subdivision, and to the following conditions and restrictions to which the hereby granted parcel of land, and any buildings now thereon erected, and any which may be erected thereon hereafter, shall be and remain subject: 1. All residential dwellings shall have a minimum of 1200 square feet of finished living area. 2. All residential structures shall have at least a two-car garage either detached or attached to the principal residential structure. 3. No lots as approved on this subdivision shall be further subdivided at any time. 4. No mobile homes, trailers, or temporary structures will be permitted on the within described premises. File #: 270702 5. No unlicensed motor vehicles, junk cars, or junkyards are to be permitted on any lot. 6. There shall be no stockpiling of any material on any lot within the subdivision, firewood excepted. The Grantees, for themselves, their heirs and assigns, by acceptance of this Indenture, agree with the Grantor, its successors and assigns, that said restrictions and conditions shall be deemed COVENANTS RUNNING WITH THE LAND, and that in any deed of conveyance of said premises, or any part thereof, to any person or persons, said restrictions and conditions shall be incorporated by reference to this Indenture and the record hereof as fully as though the same are contained therein. BEING THE SAME PREMISES which Kimba, Inc., by deed dated February 15, 1992, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 34-Z, at page 382, granted and conveyed unto Daniel C. Yeager, Jr. and Bobbi L. Yeager, husband and wife. PROPERTY ADDRESS: 310 STUMPSTOWN ROAD, MECHANICSBURG, PA 17055- 9602 PARCEL # 22-11-0278-056. File #: 270702 VERIFICATION Dry" A. Lam, hereby states that he/she is 00currm t Control Offlcarof, CITIMORTGAGE, INC. servicing agent for Plaintiff in this matter, that he/she is authorized to make this Verification, and verify 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. Sec. 4904 relating to unsworn falsification to authorities. DATE: Name: Crystal A. laRose Title: Docunw t Ca*0tOlllcsr Servicer: CITIMORTGAGE, INC File #: 270702 Name: BROWN File #: 270702 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson .?. Sheriff A? kr511?. of climb" ? Jody S Smith rt ? r*,) CD Chief Deputy Richard W Stewart ' D-1 Solicitor , r-,- Citimortgage, Inc I Case Number vs. 2011-4986 Michael L. Brown (et al.) SHERIFF'S RETURN OF SERVICE 06/21/2011 04:54 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on June 21, 2011 at 1654 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Michael L. Brown, by making known unto himself personally, at 310 Stumpstown Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy oft sa . M H LL GUTSHALL, DEPUTY 06/21/2011 04:54 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on June 21, 2011 at 1654 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Tammy L. Brown, by making known unto Michael Brown, Husband of Defendant at 310 Stumpstown Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. MI H LLE GU L, TY SHERIFF COST: $54.00 June 22, 2011 SO ANSWERS, RbNWY- R ANDERSON, SHERIFF (r, t?ei.in!ysuite Sher?fl. Te'. k?us:;it. 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 Court of Common P Was MORTGAGE GROUP, INC. rnCD Plaintiff Civil Division IT . cn r- D vs CUMBERLAND C gty MICHAEL L. BROWN No. 11-4986 CIVILyZ--,°? TAMMY L. BROWN ` Defendant -< TO THE PROTHONOTARY: PRAECIPE X Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. Please mark the in rem judgment Satisfied and the action Discontinued and Ended. Date: PHS# 270702 PHELAN LIN & HMIEG, LLP By: Lawrence T. Phelan, Esq., Id. o. 322 7 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 etal 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 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Attorneys for Plaintiff rn -v r-- CD -?ca CD-n x? c' f''"t PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Court of Common Pleas Plaintiff Civil Division vs CUMBERLAND County MICHAEL L. BROWN TAMMY L. BROWN No. 11-4986 CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff's Praecipe was served by regular mail to the person(s) on the date listed below: MICHAEL L. BROWN TAMMY L. BROWN 310 STUMPSTOWN ROAD MECHANICSBURG, PA 17055-9602 Date: ?-A- ? I By: a,-- ` Lawrence T. P elan, . No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Jud'th T. Romano, Esq., Id. No. 58745 eetal 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 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Attorney for Plaintiff