HomeMy WebLinkAbout12-3956
7'E 'SYi V A N 1 A
PHELAN HALLINAN & SCHMIEG, LLP
Allison F. Wells, Esq., Id. No.309519
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
CITIMORTGAGE, INC.
1000 TECHNOLOGY DRIVE
O'FALLON, MO 63368
Plaintiff
V.
JEREMY W. HELM
DOREEN M. HELM
3520 BEECH RUN LANE
MECHANICSBURG, PA 17050-2206
THE UNITED STATES OF AMERICA C/O THE
UNITED STATES ATTORNEY FOR THE MIDDLE
DISTRICT OF PA
1164 FEDERAL BUILDING, 228 WALNUT STREET
HARRISBURG, PA 17101
Defendants
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
ciV d
NO. 10l
CUMBERLAND COUNTY
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File #: 289038
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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 #: 289038
Plaintiff is
CITIMORTGAGE, INC.
1000 TECHNOLOGY DRIVE
O'FALLON, MO 63368
2. The name(s) and last known address(es) of the Defendant(s) are:
JEREMY W. HELM
DOREEN M. HELM
3520 BEECH RUN LANE
MECHANICSBURG, PA 17050-2206
THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR
THE MIDDLE DISTRICT OF PA
1164 FEDERAL BUILDING, 228 WALNUT STREET
HARRISBURG, PA 17101
who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 11/02/2006 JEREMY W. HELM and DOREEN M. HELM made, executed and
delivered a mortgage upon the premises hereinafter described to MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE
FOR WILMINGTON FINANCE, INC which mortgage is recorded in the Office of the
Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1972, Page 0944. By
Assignment of Mortgage recorded 02/21/2012 the mortgage was assigned to PLAINTIFF
which Assignment is recorded in Assignment of Mortgage Instrument No.
201205000.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.
File #: 289038
The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 08/01/2011 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.
6.
The following amounts are due on the mortgage as of 01/16/2012:
Principal Balance $263,079.29
Interest $6,227.84
07/01/2011 through 01/16/2012
Late Charges $429.18
Escrow Deficit $1,637.74
TOTAL $271,374.05
7
8
9.
10.
Plaintiff is not seeking a judgment of personal liability (or an in person am 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 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.
The action does not come under Act 6 of 1974 because the original mortgage amount
exceeds the dollar amount provided in the statute.
The United States of America is made a Defendant herein pursuant to 28 U.S.C. 2410,
because of federal tax liens that have been filed with the Prothonotary of
File #: 289038
CUMBERLAND County in the Judgment Index Unit as follows:
(a) United States vs. Jeremy W. Helm, Doreen M. Helm; IRS Docket No. 2008-
6198; filed 10/17/2008; in the amount of $15,053.35.
(b) United States vs. Jeremy W. Helm, Doreen M. Helm; IRS Docket No. 2008-
7049; filed 12/02/2008; in the amount of $24,740.44.
(b) United States vs. Jeremy W. Helm, Doreen M. Helm; IRS Docket No. 2009-
1872; filed 03/24/2009; in the amount of $21,568.32.
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$271,374.05, 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-&-- M-IEG, LLP
A17is6irf-'Wells, Esquire
Attorney for Plaintiff
File #: 289038
LEGAL DESCRIPTION
ALL THAT CERTAIN lot or tract of ground with the improvements thereon erected, situate in the
Township of Hampden, County of Cumberland, Pennsylvania, bounded and described in accordance with
a Subdivision plan of Laurel Hills, Section 15, made by Buchart-Horn, Consulting Engineers and
Planners, dated 4 December 1974, Job No. 203020, and recorded in the Office of the Recorder of Deeds,
in and for Cumberland County, Pennsylvania, in Plan Book 31, Page 27, as follows, to wit:
BEGINNING at a stake set on the North side of Beech Run Lane at a corner of lands now or formerly of
Deimler Manor (as shown on said plan); thence extending from said beginning stake and measured along
lands now or formerly of Deimler Manor, North eighteen (18) degrees twenty (20) minutes forty-five
(45) seconds West, one hundred forty-four and sixty-one one-hundredths (144.61) feet to a stake in line
of Lot No. 238; thence extending along same and along line of Lot No. 239 south eighty-five (85)
degrees twenty (20) minutes forty-five (45) seconds East, one hundred thirty-four and fifty-eight one
hundredths (134.58) feet to a stake at corner of Lot No. 220; thence extending along same, South five (5)
degrees twenty (20) minutes forty-four (44) seconds East, one hundred seventeen and fifty-four one
hudnredths (117.54) feet to a stake set on the North side of Beech Run Lane aforesaid; thence extending
along same, South eighty-four (84) degrees thirty-nine (39) minutes sixteen (16) seconds West, one
hundred and no one hundredths (100.00) feet to a stake the first mentioned stake and place of
BEGINNING.
BEING Lot No. 219, House No. 3520 Beech Run Lane (as shown on said plan).
PROPERTY ADDRESS: 3520 BEECH RUN LANE, MECHANICSBURG, PA 17050-2206
PARCEL # 10-17-1038-013
File #: 289038
r "
VERIFICATION
Dan Fitzgerald
hereby states that he/she is employed as a Document Control Officer
of, CITIMORTGAGE, INC., Plaintiff in this matter and is authorized to make this Verification.
The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true
and correct to the best of my information and belief.
I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904
relating to unsworn falsification to authorities.
Z,:::: 5 '--? .' ?- ? ? ? ? ?
DATE: S' Name: Dan Fitzgerald
Title: Document Coned OMOW
File#: 289038
Name: HELM
Attorney File No.: 289038
FORM 1
CITIMORTGAGE, INC.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s)
VS.
JEREMY W. HELM
DOREEN M. HELM
THE UNITED STATES OF AMERICA C/O THE
UNITED STATES ATTORNEY FOR THE
MIDDLE DISTRICT OF PA
Defendant(s)
r..A*
' Civil ., ,
NOTICE OF RESIDENTIAL
MORTGAGE FORECLOSURE
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential property which is the subject of this foreclosure action, you may be able to
participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender.
If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference.
First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400
extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you.
Once you have been appointed a legal representative, you must promptly meet with that legal representative within
twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all
requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal
representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a
Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the
service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an
opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your
lender before the mortgage foreclosure suit proceeds forward.
If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a
conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal
representative. However, you must provide your lawyer with all requested financial information so that a loan resolution
proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached
hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed
within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is
scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable
arguments with your lender before the mortgage foreclosure suit proceeds forward.
IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS
REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Respectfully submitted:
(,o 172J Y?-,-
Date
AllisoALE. Wells, Esquire
Attorney for Plaintiff
FORM 2
Date
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Cumberland County Court of Common Pleas Docket #.
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance, your lender must consider your circumstances to determine
possible options while working with your counseling agency. Please provide the following information to
the best of your knowledge:
Borrower name(s):
Property Address:
City:
Is the property for sale?
Realtor Name:
Borrower Occupied?
Mailing Address (if different):
City:
Phone Numbers:
Email:
# of people in household:
Mailing Address:
City:
Phone Numbers:
Email:
# of people in household:
First Mortgage Lender:
Type of Loan:
Loan Number:
State: Zip:
Yes ? No El Listing date: Price: $
Realtor Phone:
Yes ? No ?
State: Zip:
Home: Office:
Cell: Other:
How long?
Home: Office:
Cell: Other:
State: Zip:
How long?
Date You Closed Your Loan:
Second Mortgage Lender:
Type of Loan:
Loan Number:
Total Mortgage Payments Amount: $ Included Taxes & Insurance:
Date of Last Payment:
Primary Reason for Default:
Is the loan in Bankruptcy? Yes ? No ?
If yes, provide names, location of court, case number & attorney:
Assets
Home:
Other Real Estate:
Retirement Funds:
Investments:
Checking:
Savings:
Other:
Automobile #1: Model:
Amount owed:
Automobile #2: Model:
Amount owed:
Amount Owed:
Value:
Value:
Value:
Year:
Year:
Other transportation (automobiles, boats motorcycles): Model:
Year: Amount owed: Value
Monthlv Income
Name of Employers:
1. Monthly Gross Monthly Net
2. Monthly Gross Monthly Net
3. Monthly Gross Monthly Net
Additional Income Description (not wages):
1. monthly amount:
2. monthly amount:
Borrower Pay Days: Co-Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
2" Mortgage Utilities
Car Pa ment(s) Condo/Nei h. Fees
Auto Insurance Med. (not covered)
Auto fuel/re airs Other prop. payment
Install. Loan Payment Cable TV
Child Su rt/Alim. Spending Money
Da /Child Care/Tuit. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income & Expenses:
Have you been working with a Housing Counseling Agency?
Yes ? No E]
If yes, please provide the following information:
Counseling Agency:
Counselor:
Phone (Office): Fax:
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP)
assistance?
Yes ? No ?
If yes, please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your
delinquency?
Yes ? No ?
If yes, please indicate the status of those negotiations:
Please provide the following information, if known, regarding your lender and lender's loan servicing
company:
Lender's Contact (Name): Phone:
Servicing Company (Name):
Contact: Phone:
I/We, , authorize the above named
to use/refer this information to my lender/servicer for the sole purpose of evaluating my
financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to
use the counseling services provided by the above named
Borrower Signature
Date
Co-Borrower Signature Date
Please forward this document along with the following information to lender and lender's
counsel:
1. Proof of income
2. Past 2 bank statements
3. Proof of any expected income for the last 45 days
4. Copy of a current utility bill
5. Letter explaining reason for delinquency and any supporting documentation (hardship letter)
6. Listing agreement (if property is currently on the market)
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
Citimortgage, Inc
vs.
Jeremy W. Helm (et al.)
Case Number
2012-3956
i} r L?"y?`{+y /-?'[t,{ .'yam
2W JUL. -3 PM 1: 22
CUMBEFIAND C004TY
RE914SYLVNNIA
SHERIFF'S RETURN OF SERVICE
06/26/2012 07:19 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on June
26, 2012 at 1919 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice
of Residential Mortgage Foreclosure Diversion Program, upon the within named d JR dant, to wit: Jeremy
W. Helm, by making known unto Doreen Helm, Wife of Defendant at 3520 Beec Lane,
Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents a d at t e a time handing to
her personally the said true and correct copy of the same.
06/26/2012 07:19 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on June
26, 2012 at 1919 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice
of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Doreen
M. Helm, by making known unto herself personally, at 3520 Beech Run Lane, pipchanicsburg,
Cumberland County, Pennsylvania 17050 its contents and at the samery
(i I hing to her personally the
said true and correct copy of the same.
S
SHERIFF COST: $54.00
June 28, 2012
DEPUTY
SO ANSWERS,
RON R ANDERSON, SHERIFF
AFFIDAVIT OF SERVICE
PLAINTIFF CUMBERLAND COUNTY
CITIMORTGAGE, INC.
PHS # 289038
D)~FENDANT SERVICE TEAM/ tam
JEREMY W. HELM COURT NO.: 12-3956-CIVIL
DOREEN M. HELM
THE UNITED STATES OF AMERICA C/O THE UNITED STATES
ATTORNEY FOR THE MIDDLE DISTRICT OF PA
SERVE THE UNITED STATES OF AMERICA GO THE UNTTED TYPE OF ACTION
STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA AT: XX Mortgage Foreclosure
MAIN JUSTICE BUILDING XX Civil Action
950 PENNSYLVANIA AVENUE, N.W.
WASHINGTON, DC 20530
SERVED
Served and made known to THE UNITED STATES OF MERICA C/O THE UNITED STA7
THE MIDDLE DISTRICT OF PA ,Defendant on the ~ y of G.uSr , 20 t Z. , at
U , o'clock ~. M., at <v~'r1~t E dt~ dhl~[)U E• , in the manner described below:
Defendant personally served.
Adult family member with whom Defendant(s) reside(s).
Relationship is
_ Adult in charge of Defendant's residence who refused to give name or relationship.
Mana er/Clerk of lace of lod 'n in which Defendant(s) reside(s)
~~~2 AUG 24 AM 10~ 42
`.~l.~h~~~RLA O GOUNTY
~~NNSY _VA~jA
g P gt g
~CAgent or person in chazge of Defendant's office or usual place of business. DDN~ ~'*~~~ Cc.~~
_ an officer of said Defendant's company.
Other:
Description: Age ~~ Height ~ ~k Weight Z(3~U Race ~~Sex ~ Other
1, ~ ~~~'TSt~ a competent adult, being duly sworn according to law, depose and state that I personally
handed a true and correct copy of the Foreclosure Complaint in the manner as set forth herein, issued i,`t~~t~ed
case on the date and at the address indicated above. *`,,,~•~0 RG~ ''',
Sworn to and subscribed .r ~N~TIy ~~
before me this ~ day ~ Zr
~ ~~i~" ~/
° Y~ By: ~ ~~ P ~
• NOT SERVED ~~,~ ~ Op ~ ~~~
the of , 20 , at o clock . M., I, , a com etent a at ~~
D endant N O cause: - - p ~I~~ `~~ ~ ~
_ Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant)
_ No Answer on at at
Service Refused
Other:
Sworn to and subscribed
before me this day
of , 20_. By:
Notary: ATTORNEY FOR PLAIIVTIFF
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
Jenine R. Davey, Esq., Id. No. 87077
Lauren R. Tabas, Esq., Id. No. 93337
Jay B. Jones, Esq., Id. No. 86657
Andrew L. Spivack, Esq., Id. No. 84439
Chrisovalante P. Fliakos, Esq., Id. No. 94620
Courtenay R. Dunn, Esq., Id. No. 206779
Allison F. Wells, Esq., Id. No. 309519
Melissa J. Cantwell, Esq., Id. No. 308912
Mario J. Hanyon, Esq., Id. No. 203993
Andrew J. Marley, Esq., Id. No. 312314
Robert W. Cusick, Esq., Id. No. 80193
John M. Kolesnik, Esq., Id. No. 308877
Matthew G. Brushwood, Esq., Id. No. 310592
Zachary J. Jones, Esq., Id. No. 310721
One Penn Center at Suburban Station
1617 John F. Kennedy Blvd., Suite 1400
F 'D'-•Gr`F'IGE
OF THE PROTHONOTARY
2N3 AUG 26 PM 2- 03
CU.MBERLANO'COUNTY
PENNSYLVANIA
PHELAN HALLINAN, LLP
Joseph P. Schalk,Esq.,Id.No. 91656
126 Locust Street
Harrisburg,PA 17101
215-563-7000 Attorney for Plaintiff
CITIMORTGAGE INC.
1000 TECHNOLOGY DRIVE Court of Common Pleas
O'FALLON,MO 63368
Civil Division
Plaintiff
Term
Vs
No.2012-3956-CIVIL
JEREMY W.HELM
DOREEN M.HELM
3520 BEECH RUN LANE Cumberland County
MECHANICSBURG,PA 17050-2206
THE UNITED STATES OF AMERICA C/O THE
UNITED STATES ATTORNEY FOR THE MIDDLE
DISTRICT OF PA
1164 FEDERAL BUILDING,228 WALNUT STREET
HARRISBURG,PA 17101
Defendants
MOTION TO LIFT CONCILIATION STAY
Plaintiff, Bank of America, Successor (hereinafter "Plaintiff'), by its attorney, Joseph P.
Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof
avers as follows:
1. On June 22, 2012, Plaintiff filed a Complaint in Mortgage Foreclosure against
Defendants for their failure to make monthly payments of principal and interest upon their
mortgage due August 1, 2011, and each month thereafter. A true and correct copy of the
Complaint is attached hereto, made part hereof and marked as Exhibit A.
2. On June 26, 2012, Plaintiff completed service of the Complaint in Mortgage
Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure
289038
Diversion Program Notice for the Defendants. A true and correct copy of the Affidavit of
Service is attached hereto,made part hereof and marked as Exhibit B.
3. Pursuant to the Cumberland County Administrative Order February 28, 2012,
which created the Cumberland County Residential Mortgage Foreclosure Diversion Program,the
Foreclosure action is stayed for sixty (60) days from the date of service.
4. Within 60 days after service of the complaint,the Defendant may opt into the
program by filing a Request for Conciliation Conference with the Court. Upon the filing of the
request,the Court will schedule a Conciliation Conference. The program provides that
Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of
notice if not represented by counsel.
5. If more than sixty (60) days has elapsed since the service of Notice of Residential
Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the
Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the
Diversion Program.
6. Defendant failed to opt into the Cumberland County Residential Mortgage
Foreclosure Diversion Program within sixty (60) days of service.
7. Since Defendant has opted not to participate in the Diversion Program, it is
appropriate for the stay to be lifted.
WHEREFORE,Plaintiff respectfully requests that this matter be removed from the
Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic
stay be lifted.
Respectfully submitted,
PHELAN HALLINAN, LLP
Date: BY:
os h . Sclnlk,, Esquire
�Attme for Plaintiff
y-
289038
Exhibit A
289038
FILED-OFFICE
,F THE PROTHONOTARY
2012 JUN 25 AM 9: 18
CUMBERLAND COUNTY
PENNSYLVANIA
PHELAN HALLINAN dt SCBNUW,LLP
Allison F.Wells,Esq.,Id.No.309519
1617 JFK Boulevard,Suite 1400 ATTORNEY FOR PLAINT FF
One Penn Center Plaza
Philadelphia,PA 19103
215-563-7000
CTTIMORTGAGE,INC.
1000 TECHNOLOGY DRIVE COURT OF COMMON PLEAS
OTALLLON,MO 63368
CIVIL DIVISION
Plaintiff
V. TERM
JEREMY W.HELM
DOREEN M.HELM
3520 BEECH RUN LANE CUMBERLAND COUNTY
MECHANICSBURG,PA 17050-2206
THE UNITED STATES OF AMERICA CJO THE
UNTIED STATES ATTORNEY FOR THE MIDDLE
DISTRICT OF PA
1164 FEDERAL BUILDING,228 WALNUT STREET
HARRISBURG,PA 17101
Defendants
OIVIL ACTION LAW
COMPLAINT IN M0191Q6GE FORFCL12SURE
AMRNE Y FILE - _ r.
t� • � c PLEASE RETURN
File 289038
A
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 ISO
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 AFFFORD 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 17413
(717)249-3166
(800)990-9108
File P: 289038
1. Plaintiff is
CITIMORTGAGE,INC.
1000 TECHNOLOGY DRIVE
O'FALLON, MO 63368
2, The name(s) and last known address(es)of the Defendant(s) are:
JEREMY W. HELM
DOREEN M.HELM
3520 BEECH RUN LANE
MECHANICSBURG,PA 17050-2206
THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR
THE MIDDLE DISTRICT OF PA
1164 FEDERAL BUILDING,228 WALNUT STREET
HARRISBURG,PA 17101
who is/are the mortgagor(s) and/or real owner(s)of the property hereinafter described.
3. On 11/02/2006 JEREMY W. HELM and DOREEN M. HELM made,executed and
delivered a mortgage upon the premises hereinafter described to MORTGAGE
3. ELECTRONIC REGISTRATION SYSTEMS,INCORPORATED AS A NOMINEE
FOR WILMINGTON FINANCE,INC which*mortgage is recorded in the Office of the
f
Recorder of Deeds of CUMBERLAND County,in Mortgage Book 1972,Page 0944. By
r Assignment of Mortgage recorded 02/21/2012 the mortgage was assigned to PLAINTIFF
which Assignment is recorded in Assignment of Mortgage Instrument No.
201205000.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.
j, Fief; 289038
5, The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 08/01/2011 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.
6. The following amounts are due on the mortgage as of 01/16/2012:
Principal Balance $263,07929
Interest $6,227,84
07101/2011 through 01/16/2012
Late Charges $429.18
Escrow Deficit $-1.637.74
TOTAL $27-1,374.05
7. Plaintiff is not seeking a judgment of personal liability(or an in personarn 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.
8. Notice of Intention to Foreclose as set forth in Act 6 of 1974 mid/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.
9. The action does not come under Act 6 of 1974 because the original mortgage amount
exceeds the dollar amount provided in the statute.
10. The United States of America is made a Defendant herein pursuant to 28 U.S.C. 2410,
because of federal tax liens that have been filed with the Prothonotary of
299438
CUMBERLAND County in the Judgment Index Unit as follows:
(a) United States vs.Jeremy W.Helm,Doreen M.Helm; IRS Docket No. 2008-
6198;filed 10/17/2008;in the amount of$15,053.35.
(b) United States vs.Jeremy W.Helm,Doreen M. Helm; IRS Docket No.2008-
7049;filed 12/02/2008; in the amount of$24,740.44.
(b) United States vs.Jeremy W.Helm,Doreen M.Helm;IRS Docket No. 2009-
1872;filed 03/24/2009; in the amount of$21,568.32.
WHEREFORE,Plaintiff demands an in rem judgment against the Defendant(&) in the sum of
$271,374.05,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.
P&--'LAN 1IAlJAN)-,� _0
N.Rjkm,LLP
1e5 tr(W-1nclfs,Esquire
Attorney for Plaintiff
Sic* 289038
LEGAL DESCRIPTION
ALL THAT CERTAIN lot or tract of ground with the improvements thereon erected,situate in the
Township of Hampden.County of Cumberland,Pennsylvania,bounded and described in accordance with
a Subdivision plan of Laurel Hills, Section 15,made by Buchart-Horn, Consulting Engineers and
Planners,dated 4.December 1974,Job No.203020,and recorded in the Office of the Recorder of Deeds,
in and for Cumberland County,Pennsylvania,in Plan Book 31,Page 27,as follows,to wit:
BEGINNING at a stake set on the North side of Beech Run Lane at a corner of lands now or formerly of
Deimler Manor(as shown on said plan), thence extending from said beginning stake and measured along
lands now or formerly of Dcimler Manor,North eighteen(18)degrees twenty(20) minutes forty-five
(45)seconds West,one hundred forty-four and sixty-one one-hundredths(1.44.61)feet to a stake in line
of Lot No.238;thence extending along same and along line of Lot No._239 south eighty-five(85)
degrees twenty(20) minutes forty-five(45)seconds East,one hundred thirty-four and fifty-eight one
hundredths(134.58).feet to a stake at corner of Lot No.220;thence extending along same, South five(5)
degrees twenty(20)minutes forty-four(44)seconds East,one hundred seventeen and fifty-four one
budnredths(11.7.54)feet to a stake set on the North side of Beech Run Lane aforesaid; thence extending
along same, South eighty-four(84)degrees thirty-nine(39) minutes sixteen(16)seconds West,one
hundred and no one hundredths(100.00)feet to a stake the first mentioned stake and place of
BEGINNING. .
i
BEING Lot No. 219,House No. 3520 Beech Rim Lane(as shown on said plan).
PROPERTY ADDRESS:3520 BEECH RUN LANE,rvIECHANICSBURG,PA 170SO-2206
PARCEL#10-17-1038-013
File S: 289038
k
yER�IFICATI41�
Dan Fitzgerald
hereby states that he/she is employed as a Document Control Officer
of,CITIMORTGAGE,INC.,Plaintiff in this matter and is authorized to make this Verification.
The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true
and correct to the best of my information and belief.
I understand that this statement is made subject to the penalties of 18 Pa.C.S. Sec.4904
relating to unswom falsification to authorities.
Name: Dan Fitzgerald
DATE: `j 2
Title: Document Contmt difflow
File#:289038
i
Name: HELM
3
{
Attorney File No.: 289038
FORM[ I
IN TIME COURT OF COMMON PLEAS
CITIMORTGAGE,INC. OF CUMBERLAND COUNTY,PENNSYLVANIA
PI<tintiff(s)
VS.
JEREMY W.HELM
DOREEN M.HELM
THE UNITED STATES OF AMERICA C!O T HE
UNITED STATES ATTORNEY FORT HE
MIDDLE DISTRICT OF PA
Defendant(s) -Civil
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential property which is the subject of this foreclosure action,you may be able to
participate in a court-supervised conciliation conference in an effort to resolve this matter with your tender.
If you do not have a lawyer,you must take the following.steps to be eligible for R conciliation conference.
First,within twenty(20)days of your receipt of this notice,you must contact MidPenn Legal Services at(717)243-9400
extension 2510 or(800)822-5288 extension 2510 and request appointment of a legal representative at no charge to you.
Once you have been appointcd a legal representative,you must promptly meet with that legal representative within
twenty(20)days of the appointment date.During that mceting,you must provide the legal representative with all
requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal
representative complete a financial worksheet in the format attached hereto,the legal representative will prepare and a
Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60)days of the
service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an
opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your
lender before the mortgage foreclosure suit proceeds forward.
If you are represented by a lawyer,you and your lawyer imist take the following steps to be eligible-for a
conciliation conference.It is not necessary for you to contact.MidPenn Legal Service for the appointment of a legal
representative.However,you must provide your lawyer with all requested financial information so that a loan resolution
proposal can be prepared oti your behalf.If you and your lawyer complete a financial worksheet in the format attached
hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court,which must be filed
within sixty(60)days of the service upon you of the foreclosure complaint.If you do so and a conciliation conference is
scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable
arguments with your tender before the mortgage foreclosure suit proceeds forward.
IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS
REQUIRE,ll BY THIS NOTICE. THIS PROGRAM IS FREE.
j Respectfully submitted:
f
r`
Date .Apish ... lls,Esquire
Attorney for Plaintiff
E
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e
i
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,
3
FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket#
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance,your lender must consider your circumstances to determine
possible options while working with your counseling agency. Please provide the following information to
the best of your knowledge:
Borrower name(s):
Property Address: -
City: t:ite: Zip:_
Is the property for sale? es—0 No{l Listing date: Price: _
Realtor Name: J __._ _._ialco Phone: - _.,,
Borrower Occupied? Yes❑ No El
Mailing Address(if different):
State: Zip:
City:
Phone Numbers: Office:
Cell: Other:
Email:
#of people in household: How long?
Mailing Address:
City: ______ State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
#of people in household: -- How long?
First Mortgage Lender;
Type of Loan:
Loan Number: Date You Closed Your Loan:
Second Mortgage Lender:
Type of Loan: --
Loan Number:
Total Mortgage P a Amount: $ _ Included Taxes&Insurance:
Payments _
Bate of Last Payment:
Primary Reason for Default:
Is the loan in Bankruptcy? Yes❑ No❑
If yes,provide names,location of court,case number&attorney: .
Assets Amount Owed,: Value:
Home: $
Other Real Estate: $
Retirement Funds: . S -
Investments: ..... .... F
Checking:
Savings: $ ---
Other:
Automobile#1:Model::. Year
Amount owed: Value:
Automobile#2:'Model: Year:'
Amount owed: Value:
Other transportation(automobiles,boats. motorcycles): Model:;
Year: Amount.owetii:�
Monthly Income
Name of Employers:
1.. 'MOntaily Gross Monthly Nit. .
2. Monthly Gross Monthly Net
3, Wnthly Gross Monthly Net: ..__
Additional Income Description(not.wages):
1. _..-.__monthly amount:
2•, m''qj thi.y amount:
Borrower Pay Days:_ Co-Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently paying)
E
EXPENSE AMOUNT -EXPENSE AMOUNT.
Mort_a e._.. . Food_-.
i 2n0 Mage Utilities
Car Pa meut s Condo/Neigh..Fees
► Auto Insurance Med.(not covered)
Auto,fuel/repairs ... _Other prop. paymrent
Install.Loan Pa meet. ..Cable TV
Child SuppprMfirn. 2ending Way
l7tt l .hild Care/Tuit. Other'Lx enses
Amount Available for Monthly Mortgage Payments Based on Income&Expenses:
Have you been working with a Housing Counseling Agency?
Yes❑ No❑
If yes,please provide the following information:
Counseling goncy- _ Counselor.;
Phone(Office): Fax.:
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program(HEMAP)
assistance?
Yes❑ No❑
If yes,please indicate the status of the tpplication:
Have you had any prior negotiations with your lender or lender's Ioan servicing company to resolve your
delinquency?
Yes❑ No❑
If yes,please indicate the status of those negoi;iaiions:
Please provide the following information, if known,regarding your lender and lender's loan servicing
company:
Lender's Contact(Name): Phone:
Servicing Company(Name)':
Contact: Phone-
I/We, ,authorize the above named
- _ to use/refer this information to my lender/servicer for the sole purpose of evaluating my
financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to
use the counseling services provided by the above named
Borrower Signature Date
Co-Borrower Signature Date
Please forward this document along with the following information to lender and lender's
counsel:
1. Proof of income
2. Past 2 bank statements
3. Proof of any expected income for the last 45 days
4. Copy of a current utility bill
5. Letter explaining reason for delinquency and any supporting documentation(hardship letter)
b. Listing agreement(if property is currently on the market)
Exhibit B
289038
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody 8 Smith C4�tq:Ot
Chief Deputy _
Richard W Stewart
Solicitor o or rK SHIR M
Cidmortgage,!no
vs. Case Number Jeremy W.Helm(et 81.) 2012-3956
SHERIFF'S RETURN OF SERVICE i
06/26/2012 _07:19 PM:�Shawn Harrison,Deputy Sheriff,.,who being dutyswom acoording to law,states that ;tune.,
26,2012 at 1919 hours he servod a true copy of:fhe within:Cornplelnt in Mortgage f breolo`vure and.Notice
of:R60 anfial:Ma gage Foreclosyre Dhrersrgil Program,'upon the within named d ndanf,:to;wif Jeradmy.:
iN;Helm,by Makitig_known unto Doreen Hgim,'Wifeof Defendant at:3520 Be Lune,
IMeahenicsWr+d,.Gumberlend County,Pennsylvania- 1,7060-its contents at a sa e.time handing to
her personally the said true and correct copy of the same.
S AR pN, E .TY
06/26/2012 07:19 PM-Shawn Harrison,Deputy Sheriff,who being duty sworn according to law,states that on June
26,2012 et.1919.hours he served a true capyaf the::within 0 0 niplaint in Mortgage Foreclosure and N6 c*
of Reside tial motfgage Forr�iosure i1iversion i�rografri,upon rile v�ithin named defandahk,#o v�rit. boner
iw:Helm by making-known unto herself person ily,at$520 Beech Run LA 9, ahiesburg,
Cujmharland Courity,_Perinsyivatila Toff its conE nts end at the:"mo, : n ing to h6r pep-onaity the
:saii true and ctfrrect copy of the same.
S ON;DEPUTY
SHERIFF COST:$54.00 SO ANSWERS,
/i
June 28,2012 ROINNY R ANDERSON.,SHERIFF
(c)C v ySote Sheriff.Woos^Ina.
PHELAN HALLINAN, LLP
Joseph P. Schalk, Esq., Id.No. 91656
126 Locust Street
Harrisburg, PA 17101
215-563-7000 Attorney for Plaintiff
CITIMORTGAGE INC. Court of Common Pleas
1000 TECHNOLOGY DRIVE
O'FALLON,MO 63368 Civil Division
Plaintiff Term
Vs No.201.2-3956-CIVIL
JEREMY W.HELM Cumberland County
DOREEN M.HELM
3520 BEECH RUN LANE
MECHANICSBURG,PA 17050-2206
i
THE UNITED STATES OF AMERICA C/O THE .
UNITED STATES ATTORNEY FOR THE MIDDLE
DISTRICT OF PA
1164 FEDERAL BUILDING,228 WALNUT STREET
HARRISBURG,PA 17101
Defendants
CERTIFICATION OF SERVICE
I certify that a true and correct copy of Plaintiff's Motion to Lift Conciliation Stay and
proposed Order were sent via first class mail to the person listed below on the date indicated:
JEREMY W.HELM
DOREEN M.HELM
3520 BEECH RUN LANE
MECHANICSBURG,PA 17050-2206
Date: 17-3) 1.5 By;
Vey Schalk, Esquire
for Plaintiff
289038
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CITIMORTGAGE INC.
1000 TECHNOLOGY DRIVE Court of Common Pleas
O'FALLON,MO 63368
Civil Division
Plaintiff
Term
Vs
No.2012-3956-CIVIL
JEREMY W.HELM
DOREEN M.HELM Cumberland County
3520 BEECH RUN LANE
MECHANICSBURG,PA 17050-2206 c ? '
rT3 CX) A ~r 2 s
THE UNITED STATES OF AMERICA C/O THE C= M
UNITED STATES ATTORNEY FOR THE MIDDLE � .
DISTRICT-OF PA o
1164 FEDERAL BUILDING,228 WALNUT STREET Ica
HARRISBURG,PA 17101 C) z
Defendants --a "
ORDER CO
AND NOW,this ZT day of Avj r , 2013, upon consideration of
Plaintiffs Motion to Lift Conciliation Stay in the above captioned matter, it is hereby
ORDERED and DECREED that this matter is removed from the Cumberland County
Residential Mortgage Foreclosure Diversion Program; it is further
ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed
with its Mortgage Foreclosure Action.
BY THE COURT:
J.
Co 1'" rz.�t,'(.ccL.
J . Crn
b 14
289038
S f zg�i3
cc: Jeremy W. Helm and Doreen M. Helm
Joseph P. Schalk, Esq., Id. No. 91656
Attorney for Plaintiff
PHELAN HALLINAN, LLP
Joseph P. Schalk, Esq., Id.No. 91656
126 Locust Street
Harrisburg, PA 17101
215-563-7000
JEREMY W.HELM
DOREEN M.HELM
3520 BEECH RUN LANE
MECHANICSBURG,PA 17050-2206
289038
E.Wei 1" F.
P RO iHOfiJTA
2013 OCT 16 0110; 65
Phelan Hallinan,LLP Attorney For Plaintiff
1617 JFK Boulevard,Suite fidbiBERLAND COUNTY
One Penn Center Plaza PENNSYLVANIA
Philadelphia,PA 19103
215-563-7000
PENNYMAC CORP. ` : Court of Common Pleas
Plaintiff : Civil Division
vs : CUMBERLAND County
JEREMY W.HELM : No. 12-3956-CIVIL
DOREEN M.HELM
THE UNITED STATES OF AMERICA C/O
THE UNITED STATES ATTORNEY FOR
THE MIDDLE DISTRICT OF PA
Defendant
PRAECIPE
TO THE PROTHONOTARY:
® 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.
I Please mark the in rem judgment Satisfied and the action Discontinued and Ended.
fl Please Vacate thee Judgment entered.
Date:
/O/f'O 173 PHELAN HALLINAN,LLP
By: .o/20A/"
Adam H. Davis,Esq.,Id. 0.203034
Attorney for Plaintiff
PH#782860
4
Phelan Llallinan, L.LP Attorney for Plaintiff
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
PENNYMAC CORP. Court of Common Pleas
Plaintiff Civil Division
v. CUMBERLAND County
JEREMY W. HELM No. 12-3956-CIVIL
DOREEN M. HELM
THE UNITED STATES OF AMERICA C/O THE
UNITED STATES ATTORNEY FOR THE
MIDDLE DISTRICT OF PA
Defendant PH#782860
CERTIFICATION OF SERVICE
I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by
regular mail to the person(s) on the date listed below:
JEREMY W. HELM
DOREEN M. HELM
3520 BEECH RUN LANE
MECHANICSBURG, PA 17050-2206
Date: (V,f7LfrPHELAN HALLINAN,LLP
By: 4 -(276441.
Adam H.Davis,Esq., Id. No.203034
Attorney for Plaintiff