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Home My WebLink About14-4298 Supreme Court of Pennsylvania Courtaif Common Pleas For Prothonotary Use Only: Civil,"}Cover;Sheet � i..r Al,CUIVIBEiti'ARD�1l= County Docket No: ,•� 0 7 o i The information collected on this form is used solely for court administration purposes. This form does not su) leinent or replace the filing and service ofpleadings or other papers as required bylaw or rules of court. S Commencement of Action: ❑O Complaint ❑Writ of Summons ❑ Petition E+ ❑Transfer from Another Jurisdiction ❑Declaration of Taking C Lead Plaintiff s Name: BANK OF AMERICA,N.A. Lead Defendant's Name: HENRIK SHAMIRIAN T I Are money damages requested? El Yes 0 No Dollar Amount Requested: Elwithin arbitration limits 0 (Check one) ❑x outside arbitration limits N Is this a Class Action Suit? ❑ Yes ❑x No Is this an MDJ Appeal? ❑Yes ❑x No A Name of Plaintiff/Appellant's Attorney: Jonathan Lobb,Esq.,Id.No.312174,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: E ❑ Slander/Libel/Defamation Discrimination ❑ Other: ❑ Employment Dispute: Other ❑Zoning Board C ❑ Other: T I MASS TORT ❑ Other: U ❑Asbestos N ❑Tobacco ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑Ejectment ❑ Common Law/Statutory Arbitration B ❑Other: ❑Eminent Domain/Condemnation ❑ Declaratory Judgment ❑Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑Non-Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY 0 Mortgage Foreclosure: Commercial ❑Quo Warranto ❑ Dental 0 Partition ❑Replevin ❑ Legal 0 Quiet Title ❑Other: ❑ Medical ❑Other: ❑Other Professional: Pa.R.C P. 205.5 Updated 01/01/2011 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#: 949149 r; !, l� PHELAN HALLINAN,LLP Jonathan Lobb,Esq.,Id.No.312174 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia,PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 BANK OF AMERICA,N.A. 7105 CORPORATE DRIVE COURT OF COMMON PLEAS PLANO, TX 75024 CIVIL DIVISION Plaintiff V. TERM v ' HENRIK SHAMIRIAN NO. � � 12 EDGEWOOD DRIVE MECHANICSBURG,PA 17055-2771 CUMBERLAND COUNTY IGOR G.ARAKELOV A/K/A IGOR ARAKELOV 12 EDGEWOOD DRIVE MECHANICSBURG,PA 17055-2771 Defendants CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File#: 949149 L4 (4 OS Ll 1. Plaintiff is BANK OF AMERICA,N.A. 7105 CORPORATE DRIVE PLANO,TX 75024 2. The name(s) and last known address(es)of the Defendant(s) are: HENRIK SHAMIRIAN 12 EDGEWOOD DRIVE MECHANICSBURG,PA 17055-2771 IGOR G.ARAKELOV A/K/A IGOR ARAKELOV 12 EDGEWOOD DAVE MECHANICSBURG,PA 17055-2771 who is/are the mortgagor(s) and/or real owner(s)of the property hereinafter described. 3. On 09/19/2008 HENRIK SHAMIRIAN and IGOR G.ARAKELOV made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. AS NOMINEE FOR GATEWAY FUNDING DIVERSIFIED MORTGAGE SERVICES L.P.,which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 200832137. By Assignment of Mortgage recorded 06/28/2013 the mortgage was assigned to PLAINTIFF,which Assignment is recorded in Assignment of Mortgage Instrument No. 201321526.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. File#: 949149 4. BANK OF AMERICA,N.A., directly or through an agent,has possession of the promissory note. The promissory note is either made payable to BANK OF AMERICA, N.A. or has been duly endorsed. 5. The premises subject to said mortgage is described as attached. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01/01/2014 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. 7. The following amounts are due on the mortgage as of 06/19/2014: s Principal Balance $181,809.29 Interest $6,893.60 12/01/2013 through 06/30/2014 Late Charges - $201.87 Escrow Advances $472.22 TOTAL $189,376.98 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. 9. 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 File#: 949149 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. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE,Plaintiff demands an in rem judgment against the Defendant(s)in the sum of $189,376.98,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: _ elfil Jo than Lobb,Esq.,Id.No.312174 Attorney for Plaintiff File 4: 949149 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in Borough of Mechanicsburg, Cumberland County, Pennsylvania,more particularly bounded and described as follows,to wit: BEGINNING at a point at the division line of Lots 4 and 5,Block D on the hereinafter mentioned Plan of Lots;thence along same North 28 degrees 23 minutes East, 65 feet to a point at lands now or formerly of Cumberland Wilson Estates;thence along same South 61 degrees 37 minutes East, 110 feet to a point;thence along the same South 28 degrees 23 minutes West, 65 feet to a point at division line of Lots 4 and 5 aforesaid;thence along said division line North 61 degrees 37 minutes West, 110 feet to the point and place of BEGINNING. BEING Lot No. 5 Block D on the Final Plan of Block K and Part of Blocks B,D, and H Wynnewood Park as recorded in the Cumberland County Recorders Office in Plan Book 26, Page 66. HAVING THEREON ERECTED a dwelling numbered 12 Edgewood Drive. UNDER AND SUBJECT to a 25 feet building set-back line. PROPERTY ADDRESS: 12 EDGEWOOD DRIVE,MECHANICSBURG,PA 17055-2771 PARCEL#18-22-0519-239. File#: 949149 i VERIFICATION Chgr Lt14- D N-) -31 VN c,e (-NN �-h-t'A� ,hereby states that he 0b is q c--- % Jk- of BANK OF AMERICA,N.A.,Plaintiff in this matter,that he/ lne s authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his�e nformation and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: "2—1`f C` ),cl- ice, Name: �� >�t Q M1 s-h�(L Title: , BANK OF AMERICA,N.A. File#: 949149 Name: SHAMIRIAN File#: 949149 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY Cir T1-E~FFiPRC i�,HONOTA Y 40tn b! En1I1ti_,,r 2BI4 AUG -5 An 9: 51 CUMBERLAND COUNTY PENNSYLVANIA OFFICE QFtWE$W RIFF Bank of America N.A. vs. Henrick Shamirian (et al.) Case Number 2014-4298 SHERIFF'S RETURN OF SERVICE 07/28/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Igor G Arakelov, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as "Not Found" at 12 Edgewood Drive, Mechanicsburg Borough, Mechanicsburg, PA 17055. Defendant is believed to be residing in D.C. 07/28/2014 08:02 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Henrick Shamirian, Son In Law, who accepted as "Adult Person in Charge" for Rozalia Arakelova Occupant at 12 Edgewood Drive, Mechancisburg Borough, Mechanicsburg, PA 17055. 0-Wn La - DAWN KELL, DEPUTY 07/28/2014 08:02 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Henrick Shamirian at 12 Edgewood Drive, Mechanicsburg Borough, Mechanicsburg, PA 17055. DAWN KELL, DEPUTY SHERIFF COST: $60.30 SO ANSWERS, July 29, 2014 RON R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosofi Inc. AFFIDAVIT OF SERVICE Please effectuate at least three Service attempts by 10/04/2014 PLAINTIFF CUMBERLAND COUNTY BANK OF AMERICA,N.A. DOCKET NO.:14-4298 DEFENDANT PH#949149 HENRIK SHAMIRIAN SERVICE TEAM IGOR G.ARAKELOV A/K/A IGOR ARAKELOV SERVE IGOR G.ARAKELOV A/K/A IGOR ARAKELOV AT: TYPE OF ACTION 3003 VAN NESS ST NW XX Mortgage Foreclosure APT 605-SOUTlt XX Civil Action WASHINGTON,DC 20008-4705 SERVED Served and made known to IGOR G. ARAKELOV A/K/A IGOR ARAKELOV, Defendant on the Dej 'day of -5371'74". ,201'j ,at /0 P,o'clock f.M.,at /1-5 4'U£ ,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. _Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age O'it,0 Height;7'C' '3 Weight / FIV Race/ONE E Sex 14 Other I, j,1,2S L. nQskit�t;Ca 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 in the captioned case on the date and at the address indicated above. Sworn to and subscribed a%•" la 0 before me this �.441ay y� �,• �N t T,S;• /�irw By NOT SERVED ;Q;� �oi� 'l Q. pa da 4, ,20 ,at o'clock_.M.,I, ,a competettGOall hi`feby sta t't P Defendant NOT .i►�`+a Because: s%.�c ,L?F V�Act.),� i • _Vacant Does Not Exist Moved Does Not Reside(Not Vactfxg,VO lA '(�'"(,`>>� No Answer on at at Service Refused Other: Sworn to and subscribed before me this day of ,20 . By: ---, Notary: q r r-- ATTORNEY --ATTORNEY FOR PLAINTIFF Jonathan Lobb,Esquire One Penn Center at Suburban Station 1617 JFK Boulevard,Suite 1400 Philadelphia,PA 19103 215-563-7000 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ONO If 125 E-110: 26 COUNT , PENNSYLVANIA Attorney For Plaintiff BANK OF AMERICA, N.A. Plaintiff v. HENRIK SHAMIRIAN IGOR G. ARAKELOV A/K/A IGOR ARAKELOV Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 14-4298 PRAECIPE TO THE PROTHONOTARY: ® Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. n Please mark the above referenced case Settled, Discontinued and Ended. ❑ Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. n Please mark the in rem judgment Satisfied and the action Discontinued and Ended. n Please Vacate the/Judgment entered. Date: to [7.0 [(t PHELA ► • LL I ► , LLP PH # 949149 By: Courtenay R. Dunn, Esq., Id. No.206779 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff BANK OF AMERICA, N.A. Plaintiff v. HENRIK SHAMIRIAN IGOR G. ARAKELOV A/K/A IGOR ARAKELOV Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 14-4298 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: HENRIK SHAMIRIAN 12 EDGEWOOD DRIVE MECHANICSBURG, PA 17055-2771 IGOR G. ARAKELOV A/K/A IGOR ARAKELOV 3003 VAN NESS STREET NW APARTMENT 605 -SOUTH WASHINGTON, DC 20008-4705 Date: t ictO PHELAN HAL By: Courtenay R. Dunn, Esq., Id. No. 16779 Attorney for Plaintiff , LLP