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Home My WebLink About12-6054..~arv ~~., ; ~~ ~r~~ `~ r ~,~~~ '~-~~ti~.ftirb~~ L~OI~idT`l ~~~~~~~ ~°L.'r~~t~dlA PHELAN HALLINAN & SCHMIEG, LLP Christy Donati, Esq., Id. No.306628 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. SHAWN E. LEHMAN DANA L. LEHMAN 28 PINE STREET CARLISLE, PA 17013-3136 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM I , ~/ CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 304902 V aryl- ~'l03 ~s~~ c~# ,d~~a3v3~ ~~a8~am9 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 (2U) 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 "CHAT 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 #: 304902 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: SHAWN E. LEHMAN JANA L. LEHMAN 28 PINE STREET CARLISLE, PA 17013-3136 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/23/2004 SHAWN E. LEHMAN and DANA L. LEHMAN made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR PRINCIPAL RESIDENTIAL MORTGAGE, INC. which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1855, Page 2483. By Assignment of Mortgage recorded 07/12/2012 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201220770.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 01/01/2012 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 File # 304902 by written notice sent to Mortgagor, the entire principal balance and all interest due 6 thereon are collectible forthwith. The following amounts are due on the mortgage as of 07/26/2,012: Principal Balance $69,521.83 Interest $2,435.75 12/01/2011 through 07/26/2012 Late Charges $97.02 Escrow Deficit $22,72 TOTAL $72,077.32 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 Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, 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 #: 304902 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $72,077.32, 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~ Christy Donati, Esq., Id. No.306628 Attorney for Plaintiff File #: 304902 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the southern side of Pine Street, which point is a corner of land now or formerly of Deo Langley; thence along land of said Deo Langley in a southwardly direction a distance of 270 feet to a point; thence in a westwardly direction along lands now or formerly of Oscar Eppley, a distance of 75 feet to a point; thence in a northwardly direction along lands now or formerly of David L. Hair, a distance of 305 feet 10 inches to a point in the southern side of Pine Street; thence in an eastwardly direction along said Pine Street, a distance of 75 feet to a point, the place of BEGINNING. HAVING THEREON erected a dwelling commonly known as 28 Pine Street. PROPERTY ADDRESS: 28 PINE STREET, CARLISLE, PA 17013-3136 PARCEL # 40-22-0487-094 Attorney File No.: 304902 VERIFICATION Don W. Semon, hereby states that he is employed as a Document Control Officer of Citimortgage, Inc., the 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. ~~ i ' ~ I Name: Don W. Semon Document Control Officer Title: DATE: September 17, 2012 FILE #: 304902 NAME:LEHMAN FORM 1 IN THE COURT OF COMMON PL~iAS = ._.~± CITIMORTGAGE, INC. OF CUMBERLAND COUNTY, PENN~-Y-~VA~'jA ~'~;:~~`? Plaintiff(s) ~`"; ~n r~-~ _.- -ts _ __.. ,.., rat ,~ :.:~ SHAWN E. LEHMAN -:^ ~- `~"' JANA L. LEHMAN r~ - °= ~-•_ t:yi Defendant(s) ~ o~- ~5 Ci il -~~°° ~ +"' ~ v ;. ~., . _~ 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 acourt-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 Mid'enn 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 repres~tative 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 tomeet 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: ~ `~ ~ \~- Date ~ Christy Donati, E'ssq., Id. No.306628 Attorney for Plaintiff 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: 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: State: _ Zip: Yes ^ No ^ Listing date: Price: $ Realtor Phone: Yes ^ No ^ Home: Cell: State: ~lp: Office: Other: How long? Home: Office: Cell: Other: State:. Z1p: How long? Loan Number: Second Mortgage Lender: Type of Loan: _ Loan Number: Date You Closed Your Loan:. 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 Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #l: Model: Amount owed: Value: _ Automobile #2: Model: Amount owed: Value: Other transportation (automobiles boats motorcycles~ Model: Year:_ Amount owed: Value Monthly Income Name of Employers: Year: Year: ~ • 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 Mort a e 2"d Mort a e Food Utilities _ Car Pa ment(s) Condo/Nei h. Fees Auto Insurance Auto fuel/re airs Med. (not covered) Other ro a ment Install. Loan Pa ment Cable TV Child Su ort/Alim. S endin Mone Da /Child Care/Tuft. Other Ex eases 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 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 useJrefer 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 C;1 I ? t r. , Sheriff Jody S Smith '414 Chief Deputy ? I20CT 16 AM 9: 02 Richard W Stewart Solicitor " ?F,ERIIZF OFFICEOFT? CUMBERLAND COUNP, - PMS YLVAN I A Citimortgage Inc. Case Number vs. Shawn Eric Lehman (et al.) 2012-6054 SHERIFF'S RETURN OF SERVICE 10/01/2012 05:47 PM - Shawn Gutshall, Deputy Sheriff, who being duly swom according to law, states that on October 1, 2012 at 1747 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: Shawn E. Lehman, by making known unto himself personally, at 28 Pine Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. -al - ?.r S TSHAL PUTY 10/01/2012 05:47 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on October 1, 2012 at 1747 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: Jana L. Lehman, by making known unto herself personally, at 28 Pine Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $50.00 October 10, 2012 zAqAb4?2 S S ALL, DEFDTY SO ANSWERS, RbNI'V R ANDERSON, SHERIFF (c) CountySuite Sherri, Teleosoft, Inc. FORM 3 CITIMORTGAGE, INC. 1000 "I'FCHNOLOGY DRIVE O'FALLON, MO 63368 vs. SHAWN E. LEHMAN JAVA L. LEHMAN 28 PINE STREET CARLISLE, PA 17013-3136 [N THE COURT OF COMMON PLI_:AS OF CUMBERLAND COUN"I'Y, PENN~LV.QNI~ p -~ 3 , ; n -y Plaintiff, z ~ ~°~ ;~?~ r~ ~ b ~ , ---~ fi C b. ~~; s r, --+• ' ~-n :mac' ~ U~= _,n; Defendants. No. 12-6054 CIVIL -~ car, ~~' REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated February 28, 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned :hereby certifies as follows: 1. Defendants are the owners of the real property which is the subject of this mortgage foreclosure action; 2. Defendants live in the subject: real property, which is Defendants' primary residence; Defendants have been served with a "Notice of Residential Mortgage horeclosure Di~~ersion Program" and have taken all of the steps required in that Notice to he eligible to participate in acourt-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. [ understand that false statements are made subject to the penalties of 18 Pa. C.S.~4904 relating to unsworn falsification to authorities. ,/~ , Signature of Defendant ' ounsel/Appointed Legal Representative i i ignature of endant `_. S' nature of Defendant ~~ ~ ~~~ cG~ ' , --- Date Date 6 G' / ~'~' ~' i' cx` -~Y~ --- Date Certificate of Service The undersigned certifies that a copy of the foregoing was served on the follov~~ing by First Class Mail, postage prepaid on October 25, 2012 to: Christy Donati, Esq. PHELAN HALLIHAN 7 SCHMIEG, LLP 1617 JFK Boulevard. Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Counsel for• Plaintiff Citimortgage, Inc. Melissa H. Calvanelli Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Melissa Furrer Mill r ~ ' . CITIMORTGAGE INC., Plaintiff vs. SHAWN E. LEHMAN and DANA L. LEHMAN, Defendants: IN THE COUR'~ OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 12-6054 CIVIL CASE MANAGEMENT pRDER AND NOW, this ~ day of November, 2012, the defendant/borrower in the above-captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has cortiplied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in acourt-supervised conciliation Conference on /G 0 /.3 , at /~ ~ ~ a. m. in Chambers No. 4 at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendantJborrower must serve upon the plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the .j ~_ • Court of the defendant/borrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date ~s agreed upon by the parties in writing or ordered by the Court, the case shall be remgved from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptably resolution, and counsel for the plaintiffllender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution optaons which shall include: bringing the mortgage current through a reinstatement; payiing off the mortgage; proposing a forbearance agreement or repayment plan to bang the account current over time; agreeing to tender a monetary payment and to 1~acate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; 1 entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. ~/ Christy Donati, Esquire 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 For the Plaintiff / Melissa Furrer Miller, Esquire 950 Walnut Bottom Road Suite 15-209 Carlisle, PA 17015 For the Defendant :rlm ~jp;eS /t~Q ,'~~o~ /!I~/jam ~/C(i r., c7 ~ ; .,... -+ ~ ~ ~ ~ ~~ z ~~ ~ ca °c~ ~a s p~ Za Y = ~~ p~ ~ ~rr•~ ~ ~ ~ BY THE COURT, Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 C- CTTIMORTGAGE,INC. Court of Common Pleas M m CD -' Plaintiff -� .� Civil Division D ®M vs CUMBERLAND County A o Ma SHAWN E.LEHMAN JANA L.LEHMAN No. 12-6054-CIVIL cz v 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. ❑ Please mark the in rem judgment Satisfied and the action Discontinued and Ended. ❑Please Vacate the Judgment entered. Date: PHELAN HALLIN ,LLP By: Jon an Lobb,Esq.,Id.No.312174 Attorney for Plaintiff PHS#304902 Phelan Hallinan,LLP Attorney for Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 CITIMORTGAGE,INC. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County SHAWN E.LEHMAN No. 12-6054-CIVIL JANA L. LEHMAN Defendant PHS#304902 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: SHAWN E.LEHMAN JANA L. LEHMAN 28 PINE STREET CARLISLE,PA 17013-3136 Date: PHELAN HALLIN ,LLP By: -A/ Jona an Lobb,Esq.,Id:No.312174 Attorney for Plaintiff