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HomeMy WebLinkAbout14-0812 Supreme Court _of Pennsylvania Couq of Common Pleas For Prothonotary Use Only: C Vil "Covef Sheet CUMBERL AND a County Docket No: The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. S Commencement of Action: D Complaint ❑ Writ of Summons ❑ Petition )✓+ ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: CITIMORTGAGE INC SB/M Lead Defendant's Name: WILLIAM H. GOODLING T ABN AMRO MORTGAGE GROUP INC. I Are money damages requested? ❑ Yes Z No Dollar Amount Requested: ❑ within arbitration limits U (Check one) ❑x outside arbitration limits N Is this a Class Action Suit? ❑ Yes ❑x No Is this an MDJ Appeal? ❑ Yes Z No A Name of Plaintiff /Appellant's Attorney: John D. Krohn, Esq., Id. No.312244, Phelan Hallinan, LLP ❑ Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not S include mass tort) ❑ Employment Dispute: ❑ Slander/Libel/ Defamation Discrimination E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T I MASS TORT — 0 Other: O ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law/Statutory Arbitration $ ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto • Dental ❑ Partition ❑ Replevin • Legal ❑ Quiet Title ❑ Other: • Medical ❑ Other: ❑ Other Professional: Pa.R.C.P. 205.5 Updated 01/01/2011 jlA 1 PHELAN HALLINAN, LLP John D. Krohn, Esq., Id. No.312244 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215 -563 -7000 CITIMORTGAGE INC SB /M ABN AMRO MORTGAGE GROUP INC. COURT OF COMMON PLEAS 1000 TECHNOLOGY DRIVE OTALLON, MO 63368 CIVIL DIVISION Plaintiff TERM V. (U l NO. ,y- p WILLIAM H. GOODLING 395 ALISON AVENUE CUMBERLAND COUNTY MECHANICSBURG, PA 17055 -4202 KELLY J. GOODLING 395 ALISON AVENUE MECHANICSBURG, PA 17055 -4202 ` Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 935576 1? ��'� d Cl f i i I . Plaintiff is CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP INC. i 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 ' 2. The name(s) and last known address(es) of the Defendant(s) are: i WILLIAM H. GOODLING 395 ALISON AVENUE MECHANICSBURG, PA 17055 -4202 KELLY J. GOODLING 395 ALISON AVENUE MECHANICSBURG, PA 17055 -4202 who is /are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/13/2002 WILLIAM H. GOODLING and KELLY J. GOODLING made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Book 1784, Page 0311.The mortgage and assignment(s), if any, are matters of public a record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(8); 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 07/01/2013 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. Reg: 935576 6. The following amounts are due on the mortgage as of 11/14/2013: i f Principal Balance $95,644.48 Interest $2,379.21 06/01/2013 through 11/14/2013 Late Charges $409.29 Escrow Deficit $236.13 TOTAL $98,669.11 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) , against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has /have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability i 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, 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). WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $98,669.11, 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, LLP By: John D. Kroh Esq., Id. No.312244 Attorney for Plaintiff File #: 935576 ` E E j LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate partly in Borough of Mechanicsburg and r f partly in the Township of Upper Allen, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the Western side of Alison Avenue, at the dividing line between Lots Nos. 14 and 15 on the hereinafter mentioned Plan of Lots; thence North 80 degrees 04 minutes 23 seconds West along the same, 144.86 feet to a point at the line of land now or late of Wevodau; thence North 11 degrees 13 minutes 30 seconds West along the same, 155.32 feet to a point at the dividing line between Lots Nos. 9 and 14 of Plan of Georgetown; thence North 67 degrees 15 minutes 20 seconds East along the same, and along Lot 10 of Plan of Georgetown, 85.34 feet to a point at the dividing line between Lots Nos. 13 and 14 of said Plan; thence South 45 degrees 41 minutes 44 seconds East along the same, 188.13 feet to a point on the Northwest side of Allison Avenue; thence Southwardly along the same, along an arc or a curve to the left having a radius of 150 feet, the arc distance of 90 feet, to a point the place of BEGINNING. BEING Lot No. 14 on Final Subdivision Plan No. 6 of Georgetown, recorded in Plan book 24, Page 45, Cumberland County records. BEING the same premises which S. G. Diamond, Inc., by their deed dated August 7, 1998, and recorded August 12, 1998, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 183, Page 428, granted and conveyed unto William H. Goodling and Kelly J. Goodling, husband and wife, Mortgagors herein. PROPERTY ADDRESS: 395 ALISON AVENUE, MECHANICSBURG, PA 17055 -4202 PARCEL #17 -24- 0789 -266 File #: 935576 i VERIFICATION Deborah M Douglas, hereby states that he/she is Vice President — Document Control of, i CITIMORTGAGE, INC., Plaintiff in this matter and is authorized to make this Verification. The i statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information and belief. 1 I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 1 relating to unswom falsification to authorities. a By: — Print: Deborah - M DDouglas Title: . t(�Cb jJ ptGt�l �c)� ►'vL- employed by CitiMortgage, Inc. Plaintiff: CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP INC. Date: /J•_a9-.1_,3 I File #: 935576 Name: GOODLING i Fife #: 935576 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 #: 935576 FORM 1 IN THE COURT OF COMMON PLEAS CITIMORTGAGE INC SB/M ABN AMRO OF CUMBERLAND COUNTY, PENNSYLV4IIA` MORTGAGE GROUP INC. G �„=? , . PlaintiffN (s) rn vs.> WILLIAM H. GOODLING rj -r KELLY J. GOODLING 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 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) 2439400 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 proaide 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 willhave 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 flat 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: Date John D. Krohn, Esq., Id. No.312244 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: CUSTOM Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: _— Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? CO-13011ROWER Mailing Address: City: State: _— Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: 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 Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Valuer Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycLe_�k Model: Year: Amount owed: Value Monthly 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 nd Mortgage Utilities Car Payment(s) ) Condo/Neigh. Fees Auto Insurance Med. not covered Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Mone Da /Child Care /Tuft. Other Expenses 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: AUTHORIZATION 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 RAnderson 1 .v ■,,J I a iCv:_ Sheriff tic PROTF{O .1 iAi `` • sstr at aratfiertrio Jody S Smith Z0R4 FEB 28 PM 3: 39 Chief Deputy Richard W Stewart CUMBERLAND COUNT ' Solicitor PENNSYLVANIA CITIMORTGAGE Inc S/B/M to ABN AMR() vs. Case Number William H. Goodling (et al.) 2014-812 SHERIFF'S RETURN OF SERVICE 02/20/2014 10:41 AM - Deputy Stephen Bender, being duly sworn according to law, served the requested Affidavit by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: William H. Goodling at 395 Alison Avenue, Mechanicsburg Borough, Mechanicsburg, PA 17055. STEPH BENDER, DEPUTY 02/20/2014 10:41 AM- Deputy Stephen Bender, being duly sworn according to law, served the requested Affidavit by handing a true copy to a person representing themselves to be William Goodling, husband, who accepted as"Adult Person in Charge"for Kelly J. Goodling at 395 Alison Avenue, Mechanicsburg Borough, Mechanicsburg, PA 17055. 409/ STEPHEN BENDER, DEPU SHERIFF COST: $55.79 SO ANSWERS, February 24, 2014 RONf Y R ANDERSON, SHERIFF u.ty5u r=,,+•. ...... PHELAN HALLINAN, LLP Joseph P. Schalk, Esquire, Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 7365 FILEO-QFFICL THE PROTHONOTARY 2014 OCT 13 AM 10: 41 CUMBERLAND COUNTY PENNSYLVANIA Attorney for Plaintiff CITIMORTGAGE INC S/B/M ABN AMR() Court of Common Pleas MORTGAGE GROUP INC. 1000 TECHNOLOGY DRIVE Civil Division O'FALLON, MO 63368 No. 14 -812 -CIVIL Plaintiff v. Cumberland County WILLIAM H. GOODLING 395 ALISON AVENUE MECHANICSBURG, PA 17055-4202 KELLY J. GOODLING 395 ALISON AVENUE MECHANICSBURG, PA 17055-4202 Defendants MOTION TO LIFT CONCILIATION STAY Plaintiff, Citimortgage Inc S/B/M ABN Amro Mortgage Group Inc. (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 February 12, 2014, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendants William H. Goodling and Kelly J. Goodling (hereinafter "Defendants") for the failure to make monthly payments of principal and interest upon their mortgage due July 1, 2013, and 935576. each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit "A". 2. On February 20, 2014, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice upon the Defendant by posting the property. A true and correct copy of the Sheriffs Return 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 Defendants 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 Defendants 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 Defendants have 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. Defendants have failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 7. Since Defendants have opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. 935576 WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic stay be lifted. Date: t0 Ids 935576 BY: Respectfully submitted, PHELAN HALLINAN, LLP . Schal , — squire ey for Plaintiff Exhibit "A" PHEL AN HALLINAN, LLP John D. Krohn. Beck Id. No.312244 1617 JFK Boulevard, Suite 1400 One Penn Canter Pim Philadelphia. PA 19103 Johabollnaa.00m 213-563-7000 CITIMORTOA©E INC S/B/M ABN AMRO MORTGAGE GROUP INC. 1000 TECHNOLOGY DRIVE MALLON, MO 63368 Plaintiff v. WILLIAM H. 000DLINO 395 ALISON AVENUE MECHANICSBURG, PA 17055-4202 KELLY J. ©OODLINO 395 ALISON AVENUE MECHANICSBURG, PA 17055-4202 G " t t O -OF FI Ct �OTNONO TAR y 1014 E812 MO Sly LAND COUNTY SYLVA IA ATTORNEY FOR PLAINTWF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ��), C U1 CUMBERLAND COUNTY F1,o N; 935576 Defendants CIVIL ACTION - LAW COMPLAUIT IN MORTGAGE_FORECLOSURE Attorney File Copy Please Return s E. C 1' I 0 N A s E C T I 0 N Supreme Court of Pennsylvania Pleas et County For Prothonotary Use Only: Docket No: The information collected on this form i,s used solely for court administration purposes. This form does not . sulrplernenl or replace the Ito and service a/plr mho s or other yg tens as re( tired blr law or rules of court Commencement of Action; El Complaint ❑ Writ of Summons 0 0 Transfer from Another Jurisdiction 0 Petition Declaration of Taking Lead Plaintiff's Name: CITIMORTGAGE INC S/B/M ABN AMRO MORTGAGE GROUP INC, Lead Defendant's Name: WILLIAM H. GOODLING Are money damages requested? 0 Yes © No Dollar Amount Requested: 0 within arbitration ('units Cheek one © outside arbitration iunits Is this an MDJ Appeal? 0 Yes l] No Is this a Class Action Suit? 0 Yes f'S No Name of Plaintiff/Appellant's Attorney: John D. Krohn, Esq., Id, No,312244, Phelan Hallinan, LLP (are a Self -Represented [Pro Se] Litigant) 0 Check here if you have no attorney Nature of e ttttc: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE, If you are making more than one type of claim, check the one that you consider most important, TORT (do not include Mass Tort) ❑ Intentional ❑ Malicious Prosecution [J Motor Vehicle ❑ Nuisance ❑ Premises Liability ❑ Product Liability (does not Include mass tort) ❑ Slander/Libel/ Defamation ❑ Other: rtSS TORT ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES O Toxic Tort - Implant 0 Toxic Waste O Other: PROFESSIONAL LIAB ❑ Dental ❑ Legal ❑ Medical ❑ Other Professional: TY Pa.R, C.P. 205.5 CONTRACT (do nor Include Judgments O Buyer Plaintiff ❑ Debt Collection: Credit Card O Debt Collection: Other ❑ Employment Dispute; Discrimination ❑ Employment Dispute: Other 0 Other: REAL PROPERTY ❑ Ejectment ❑ Eminent Domain/Condemnation ❑ Ground Rent ❑ Landlord/Tenant Dispute ® Mortgage Foreclosure: Residential O Mortgage Foreclosure: Commercial ❑ Partition ❑ Quiet Title ❑ Other: CIVIL APPEALS Administrative Agencies ❑ Board of Assessment ❑ Board of Elections ❑ Dept. of Transportation ❑ Statutory Appeal: Other ❑ Zoning Board ❑ Other; MISCELLANEOUS ❑ Common Law/Statutory Arbitration ❑ Declaratory Judgment ❑ Mandamus ❑ Non -Domestic Relations Restraining Order ❑ Quo Warranto 0 Replevin ❑ Other: Updated 01/01/2011 CITIMORTGAGE INC S/B/M ABN AMRO MORTGAGE GROUP INC. Plaintiff(s) vs, WILLIAM H. GOODLING KELLY J. GOODLING FORM 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 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 lender. If you do not have a lawyer, you must take the following steps to be efigible'for a conciliation conference, First, within twenty (20) days of your receipt of this notice, you Must contact MidPent Legal Services at (717) 2439400 extension 2510 or (800) 822-5288 extension 2510and request Oppointrnent of n legal representative at no charge to you; Once you have been appointed a legal representatiVe, you inust promptly meet with that legal representative withlis twenty (20) days .of the appointment date. During that meeting, you must preside the legal representative with all requested financial information se -that a loan reSoltition proposal tan be prepared on your behalf. If you and your legal representative complete a financial worksheet in the lermatattathed hereto, tbe legal reptesedative Will prepare and is -Request.for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you dale fortelesure complatnt. If you do so and a conciliation conference is scheduled, you willhave an opportunity.tomeet With a representative of your lender in an attempt to work out reasonable arrangements with your IcnderbeforeThe mortgage foreclosure sit it proceeds .fOrWard. If you are represented by a lawyer, you and your lawyer mutt take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the apointmentofa legal representatiVe. However, you must provide your lawyer with all requestcd•financial information so bat a loan reSoltitiOn proposal can be preparecIon your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a RequestfOr Conciliation Conference with the -Court, Whieli.must be 'filed within sixty (60) days of the service uponyou ofthe foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an -opporiunityto:rncet with a rcorcsentative of your lender in an attempt to work out reasonable argument's with yourlenderbefore 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. Date Respectfully submitted; John D, Kr( sts, Esq., Id. No.312244 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: CUSTOMER/PRIMARY AI'1'LIC'ANi' Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes No [j Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Mailing Address (if different):. City: Phone Numbers: Yes No Email: # of people in household: Mailing Address: City: Phone Numbers: Email: # of people in household: First Mortgage Lender: Type of Loan: Loan Number: Home: Cell: State: Zip: Office: Other: How long? • Home: Cell: Off ce: Other: State: Zip: How long? Second Mortgage Lender:. Date You Closed Your Loan: 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 Amount Owed: Value: Horne: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking; $ Savings: $ $_ Other: $ $ Automobile #1: Model: Year; Amount owed: Value: Automobile #2: Model: Amount owed: Value: Year: Other transportation (Mtitoinobiles, boats, rriotovcles): Model: Year; Amotin.t owed: Value Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): I. 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"4'Morigage Utilities Car Payment(s) Condo/Neigh. Fees not covered) M _ Auto Insurance Auto fuel/repairs _Med. Otherprop. payment Cable TV Install. Loan Payment Child Siipport/Alim, Spending Money Day/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 0 No 0 If yes, please provide the following information: Counseling Agency: Phone (Office): Fax: Counselor: 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 0 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): Servicing Company (Name): Contact;. I/We, Phone: Phone: , 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 Borro er Signature Co -Borrower Signature Date 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) 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 Filo N' 935576 PILELAN HALLINAN, LLP John D. Krohn, Esq., Id. No.312244 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@plielanhallinati.com 215-563-7000 ATTORNEY FOR PLAINTIFF CITIMORTGAGE Th1C S/B/M ABN AMRO MORTGAGE GROUP INC. COURT OF COMMON PLEAS 1000 TECHNOLOGY DRAT O'FALLON, MO 63368 CIVIL DIVISION Plaintiff TERM NO. WILLIAM H. GOODLING 395 ALISON AVENUE CUMBERLAND COUNTY IvfECHANICSBURG, PA 17055-4202 v. KELLY J. GOODLING 395 ALISON AVENUE MECHANICSBURG, PA 17055-4202 Defendants CIVIL ACTION.- LAW GOM'PLAINT M MORTGAGE FORECLOSU FI!N; 935576 1. Plaintiff is CITIMORTGAGE INC S/B/M ABN AMR() MORTGAGE GROUP INC. 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 2. The name(s) and last known address(es) of the Defendant(s) are; WILLIAM H. GOODLING 395 ALISON AVENUE MECHANICSBURG, PA 17055-4202 KELLY J. GOODLING 395 ALISON AVENUE MECHANICSBURG, PA 17055-4202 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/13/2002 WILLIAM H. GOODLING and KELLY J. GOODLING made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Book 1784, Page 0311.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 07/01/2013 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 N: 935576 6. The following amounts are due on the mortgage as of 11/14/2013: Principal Balance $95,644,48 Interest $2,379.21 06/01/2013 through 11/14/2013 Late Charges $409.29 Escrow Deficit $236.1 TOTAL $98,669.11 Plaintiff is not seeking a judgment of personal liability (or an in personani 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). WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $98,669.11, 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, By: File k: 935576 PHELAN HALLINAN, LLP John D, lC.ihliy(!E,sq,.Id. No.312244 Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate partly in Borough of Mechanicsburg and partly in the Township of Upper Allen, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the Western side of Alison Avenue, at the dividing line between Lots Nos. 14 and 15 on the hereinafter mentioned Plan of Lots; thence North 80 degrees 04 minutes 23 seconds West along the same, 144.86 feet to a point at the line of land now or late of Wevodau; thence North 11 degrees 13 minutes 30 seconds West along the same, 155.32 feet to a point at the dividing line between Lots Nos. 9 and 14 of Plan of Georgetown; thence North 67 degrees 15 minutes 20 seconds East along the same, and along Lot 10 of Plan of Georgetown, 85.34 feet to a point at the dividing line between Lots Nos, 13 and 14 of said Plan; thence South 45 degrees 41 minutes 44 seconds. East along the same, 188.13 feet to a point on the Northwest side of Allison Avenue; thence Southwardly along the same, along an arc or a curve to the left having a radius of 150 feet, the arc distance of 90 feet, to a point the place of BEGINNING. BEING Lot No. 14 on Final Subdivision Plan No. 6 of Georgetown, recorded in Plan book 24, Page 45, Cumberland County records. BEING the same premises which S. G. Diamond, Inc., by their deed dated August 7, 1998, and recorded August 12, 1998, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 183, Page 428, granted and conveyed unto William H. Goodling and Kelly J. Goodling, husband and wife, Mortgagors herein. PROPERTY ADDRESS: 395 ALISON AVENUE, MECHANICSBURG, PA 17055-4202 PARCEL #17-24-0789-266 Filo Ni 935576 VERIFICATION Deborah M Douglas, hereby states that he/she is Vice President — Document Control 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. By: Print: Uebor Title: eir Dloycti by CitiMortgage, Inc. Plaintiff: CITIMORTGAGE INC SB/M ABN AMR() MORTGAGE GROUP INC, Date:. //469-'/,?, File#: 935576 Name: DOODLING Flle Mh 935576 Exhibit "B" Ronny R Anderson Sheriff • Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY :CA • 4mix, OFF IC TRE SHERIFF CITIMORTGAGE Inc S/B/M to ABN AMR() Case Number vs. 2014-812 William H. Goodling (et al.) SHERIFF'S RETURN OF SERVICE 02/20/2014 10:41 AM --DeOuty Stephen Ba4uIvn tiingAtt law, served the requested Affidavit by • ni-zilnei wily" nanding a true copy to a person representing themselves to be the Defendant, to wit: Wiliam H. Goodling at 395 Alison Avenue, Mechanicsburg Borough, Mechanicsburg, PA 17055. $TEPHEf BENDER, DEPUTY 02/20/2014 1041 AM - E)eputy Stephen Sender; being duly Sworn aCcording.tcilaw; seiVed the requested Affidavit by handing a true copy to a person representing themselves to be Willem Goodllng, husband, who accepted as "Adult Person In Charge" for:Kelly J. Goodling et 395 AllsonAvenuai Mechanicsburg Borough, Mechanicsburg, PA 17055. ST PHEN BENDER, ,DEPUTY SHERIFF COST: $55.79 SO ANSWERS, February 24, 2014 ' , • RONNY R ANDERSON -SHERIFF - (C CAuellySu11* &NOR, TeleosaR. Inc • ?p - • -• . . 1, • PHELAN HALLINAN, LLP Joseph P. Schalk, Esquire, Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 7365 CITIMORTGAGE INC S/B/M ABN AMRO MORTGAGE GROUP INC. 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 Plaintiff v. WILLIAM H. GOODLING 395 ALISON. AVENUE MECHANICSBURG, PA 17055-4202 KELLY J. GOODLING 395 ALISON AVENUE MECHANICSBURG, PA 17055-4202 Defendants Attorney for Plaintiff Court of Common Pleas Civil Division No. 14 -812 -CIVIL Cumberland County CERTIFICATION OF SERVICE I, Joseph P. Schalk, Esquire, certify that I caused true and correct copies of Plaintiff s Motion to Lift Conciliation Stay and proposed Order to be sent sent via first class mail to the person listed below on the date indicated: William H. Goodling Kelly J. Goodling 395 Alison Avenue Mechanicsburg, PA 17055-4202 Date: 935576 ph ij. Schalk, Esquire rney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE INC S/B/M ABN AMRO Court of Common Pleas MORTGAGE GROUP INC. 1000 TECHNOLOGY DRIVE Civil Division O'FALLON, MO 63368 No. 14 -812 -CIVIL Plaintiff v. Cumberland County WILLIAM H. GOODLING 395 ALISON AVENUE MECHANICSBURG, PA 17055-4202 KELLY J. GOODLING 395 ALISON AVENUE MECHANICSBURG, PA 17055-4202 Defendants ORDER AND NOW, this 20 day of 00136tc' (-) rn- co z z,20 r - Z <c) Ap Zp --4 SZ :1 W4 OZ13011111Z , 2014, upon consideration of Plaintiff's 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 TH OURT: J. cc : "illiam H. Goodling /Kelly J. Goodling .eph P. Schalk, Esquire CO Jres freb.1 LEL 935576 fo a0Py `\ Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 OF FI T.^D_ is-,.. O TH PRO HONOTti 'r 2014 LTA/ S All ro: 07 j' ENNSCUP-IREq�yl AND VIA T Attorney For Plaintiff CITIMORTGAGE INC SB/M ABN AMR() MORTGAGE GROUP INC. Plaintiff v. WILLIAM H. GOODLING KELLY J. GOODLING Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 14-812 CIVIL 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: PH # 935576 PHELAN HALLINAN. LLP By: Chrisovalante P. Fliakos, Esq., Id. No.94620 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff CITIMORTGAGE INC SB/M ABN AMR() MORTGAGE GROUP INC. Plaintiff v. WILLIAM H. GOODLING KELLY J. GOODLING Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 14-812 CIVIL 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: WILLIAM H. GOODLING KELLY J. GOODLING 395 ALISON AVENUE MECHANICSBURG, PA 17055-4202 Date: I ) 9 lict PHELAN HALLIN LP By: Chrisovalante P. iakos, Esq., Id. No.94620 Attorney for Plaintiff