HomeMy WebLinkAbout12-5167D-iFFlCE
PR"ITHONOTAR
PHELAN HALLINAN & SCHMIEG, LLP
John *hael Kolesnik, Esq., Id. No.308877
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
CITIMORTGAGE, INC.
1000 'T'ECHNOLOGY DRIVE
O'FAILON, MO 63368
Plaintiff
V.
WCWL P. MCCAULEY
PATRICIA J. MCCAULEY
1424 *ELLGATE LANE
MECIIANICSBURG, PA 17055-6758
THE UNITED STATES OF AMERICA C/O THE
UNITED STATES ATTORNEY FOR THE MIDDLE
DISTRICT OF PA
228 WALNUT STREET, SUITE 220, PO BOX 11754
HARRISBURG, PA 17108-1754
Defendants
Atli' 20 AM 10: 12
,U? 3ERLAND COUNTY
"-NI'dSYLVANIA
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
C ?Ul
NO. 10. SUP
CUMBERLAND COUNTY
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File #: 295590
Q?u %I03. )Spd a
2? a-lq s4 g
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the
followiAg 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 fair 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 #: 295590
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:
MICHAEL P. MCCAULEY
PATRICIA J. MCCAULEY
1424 WELLGATE LANE
MECHANICSBURG, PA 17055-6758
THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR
THE MIDDLE DISTRICT OF PA
228 WALNUT STREET, SUITE 220, PO BOX 11754
HARRISBURG, PA 17108-1754
who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 02/07/2007 MICHAEL P. MCCAULEY and PATRICIA J. MCCAULEY made,
executed and delivered a mortgage upon the premises hereinafter described to
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A
NOMINEE FOR FULTON BANK which mortgage is recorded in the Office of the
Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1982, Page 1683. By
Assignment of Mortgage recorded 04/26/2012 the mortgage was assigned to PLAINTIFF
Which Assignment is recorded in Assignment of Mortgage Instrument No.
201212158.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 #: 295590
5.
6.
The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 03/01/2011 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.
The following amounts are due on the mortgage as of 04/01/2012:
Principal Balance $395,390.77
Interest $28,253.96
02/01/2011 through 04/01/2012
Late Charges $2,913.64
Escrow Deficit $3,604.93
TOTAL $430,163.30
7.
8
9.
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 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.
File #: 295590
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
CUMBERLAND County in the Judgment Index Unit as follows:
(a) United States vs. Michael P. McCauley; IRS Docket No. 2011-09527;
filed 12/28/2011; in the amount of $20,908.28
File #: 295590
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$430,163.30, 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
By:
Michael Kolesnik, Esquire
nev for Plaintiff
File #: 295590
LEGAL DESCRIPTION
ALL THAT CERTAIN tract or parcel of land situate in the Township of Lower Allen, County of
Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as
follows! to wit:
BEGINNING at a point on the southeastern right-of-way line of Wellgate Lane (50 feet wide) at
the dividing line between Lots Nos. 6 and 7 as shown on the hereinafter-mentioned plan; thence
along the dividing line between Lots Nos. 6 and 7 South 56 degrees 17 minutes 28 seconds East
a distance of 278.60 feet to a point on the western line of lands now or late of Donald L. and
Rena C Steele; thence along the western line of lands now or late of Donald L. and Rena C.
Steele South 04 degrees 45 minutes 00 seconds West a distance of 204.15 feet to a point at the
dividing line between Lot No. 6, lands now or late of Donald L. and Rena C. Steele and lands
now or late of Glenn Walker, thence along the northern line of lands now or late of Glenn
Walker and lands now or late of Ronald B. Brubaker, North 72 degrees 30 minutes 00 seconds
West a distance of 142.72 feet to a point at the dividing line between Lots Nos. 5, 6 and lands
now or late of Ronald B. Brubaker; thence along the dividing line between Lots Nos. 5 and 6
North 31 degrees 22 minutes 46 seconds West a distance of 288.65 feet to a point on the
southern right-of-way line of Wellgate Lane; thence along the right-of-way line of Wellgate
Lane by a curve, curving to the left in a northeasterly direction having a radius of 230.00 feet and
an arc length of 100.00 feet to a point, said point being the place of BEGINNING.
CONTAINING 58,264.33 square feet
File #: 295590
BEING Lot No. 6 as shown on the Final Subdivision Plan of Allen Estates. Said plan being
recorded in Plan Book 72, Page 125.
UNDER AND SUBJECT, NEVERTHELESS, to all easements, restrictions, encumbrances and
other matters of record or that which a physical inspection or survey of the premises would
reveal.
IT BEING the same premises which Matthew L. Vogel and Christy A. Vogel, husband and wife,
by their' Deed dated June 2, 2004, and recorded in the Recorder of Deeds Office of Cumberland
County in Deed Book 263, Page 2852, granted and conveyed unto Michael P. McCauley and
Patricia',J. McCauley, husband and wife, the MORTGAGORS herein.
PROP19RTY ADDRESS: 1424 WELLGATE LANE, MECHANICSBURG, PA 17055-6758
PARCEL # 13-11-0270-053
File #: 295590
VERIFICATION
W Rothermich, hereby states that he/she is employed as a Document Control Officer of
CITIM09TGAGE, INC., Plaintiff in this matter and is authorized to make this Verification. The
statementIs 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.
DATE: - Z? -_
o=
Name: W Rothermich
Title: Document Control Officer
File#: 29$590
Name: MCCAULEY
Attorney File No.: 295590
FORM 1
CITIMORTGAGE, INC.
Plaintiff(s)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLIAMA
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/Civil
VS.
MICHAEL P. MCCAULEY
PATRICIA J. MCCAULEY
THE UN11TED STATES OF AMERICA C/O THE
UNITED STATES ATTORNEY FOR THE
MIDDLE DISTRICT OF PA
Defendant(s)
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
extensioq 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you.
Once yo4 have been appointed a legal representative, you must promptly meet with that legal representative within
twenty (10) 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
concillaoon 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 s4ty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is
schedule, 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.
F YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS
REQUII:ED BY THIS NOTICE. THIS PROGRAM IS FREE.
Respectfully submitted:
Date
ohn Michael Kolesnik,
Esquire
Attorney for Plaintiff
FORM 2
Date
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Cumberland County Court of Common Pleas Docket #
BORR WER 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 y our knowledge:
City:
Is the property for sale?
Realtor Name:
Borrow$r Occupied?
Mailing Address (if different):
City: .
Phone Numbers:
Email:
# of people in household:
Mailing (Address:
City:
Phone Numbers:
State: Zip:
Yes No Listing date: Price: $
Realtor Phone:
Yes No
Home:
Cell:
State: Zip:
Office:
Other:
How long?
Home: Office:
Cell: Other:
State: Zip:
First Mortgage Lender:
Type of Loan:
Loan Number:
Second ? 4ortgage Lender:
Type of Loan:
Loan Number:
Total Mrtgage Payments Amount: $ Included Taxes & Insurance:
Date of Last Payment:
Date You Closed Your Loan:
Primary Reason for Default:
Email:
# of people in household: How long?
Is the loan in Bankruptcy? Yes ? No F-1
If yes, provide names, location of court, case number & attorney:
Assets Amount Owed: Value:
Home: $ $
Other Real Estate: $ $
Retirement Funds: $ $
Investments: $ $
Checki4: $ $
Savings; $ $
Other: $ $
Automo ile #1: Model:
Amount owed:
Automo ile #2: Model:
Amount owed:
Other portation Year: Amo
unt owed: Value
Monthly Income
Year:
Year:
Value:
Value:
automobiles, boats. motorcycles): Model:
Name of Employers:
1. Monthly Gross Monthly Net
2. Monthly Gross Monthly Net
3. Monthly Gross Monthly Net
Additio 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)
EXPEN E AMOUNT EXPENSE AMOUNT
Mort a e Food
2 Mo gage Utilities
Car Pa ens Condo/Nei . Fees
Auto urance Med. not covered
Auto fu Ur airs Other prop. payment
Install. L oan Payment Cable TV
Child S ort/Alim. Spending Money
Da /Ch' Id Care/Tuft. Other Expenses
AmountAvailable for Monthly Mortgage Payments Based on Income & Expenses:
Have yoga been working with a Housing Counseling Agency?
Yes ? No ?
If yes, p ease provide the following information:
Counselig Agency:
Phone ( ffice): _ Fax:
Counselor:
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP)
assistance?
Yes ?i, No ?
If yes, pease indicate the status of the application:
Have yqu had any prior negotiations with your lender or lender's loan servicing company to resolve your
delinquOncy?
Yes El No F-1
If yes, please indicate the status of those negotiations:
Please pjrovide the following information, if known, regarding your lender and lender's loan servicing
company:
Lcnder'$ Contact (Name):
Phone:
I/We, , authorize the above named
to use/refer this information to my lender/servicer for the sole purpose of evaluating my
financia situation for possible mortgage options. I/We understand that Uwe am/are under no obligation to
use the counseling services provided by the above named
Borrower Signature
Date
Co-Bortower Signature
Date
Please forward this document along with the following information to lender and lender's
1. Proof of income
2. ]Past 2 bank statements
3. Proof of any expected income for the last 45 days
4. ?opy 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)
Servicing Company (Name):
Contact.', Phone: