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HomeMy WebLinkAbout15-0001 Supreme Court of Pennsylvania Court of Common Pleas �, For Prothonotary Use Only: Civ1l,Covef,Sheet CUMBER AX , County Docket No: gar 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 E+ ❑Transfer from Another Jurisdiction ❑Declaration of Taking C Lead Plaintiff s Name: CITIMORTGAGE,INC. SB/M Lead Defendant's Name: J MATTHEW SEAGRIST T TO ABN AMRO MORTGAGE GROUP, INC. I Are money damages requested? ❑ Yes 0 No Dollar Amount Requested: ❑ within arbitration limits U (Check one) ❑x outside arbitration limits N Is this a Class Action Suit? ❑ Yes 9 No Is this an MDJ Appeal? ❑ Yes ❑x No A Name of Plaintiff/Appellant's Attorney: PETER WAPNER, Esq., Id.No.318263, 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 A1ass 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 ❑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 ❑ 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 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 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 (717)249-3166 (800)990-9108 File#: 958165 IN THE COURT OF COMMON CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE PLEAS GROUP, INC. OF CUMBERLAND COUNTY, Plaintiff(s) PENNSTLVANIA vs. J MATTHEW SEAGRIST Defendant(s) 01.<— I-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 an attorney,you must take the following steps to be eligible for a conciliation conference. First,within twenty(20)days of your receipt of this notice,you must contact MidPenn Legal Services at(717)243-9400 extension 2510 or(800)822-5288 extension 2510 and request appointment of a legal representative at not charge to you. Once you have been appointed a legal representative,you must promptly meet with the legal representative within twenty(20)days of the appointment date. During that meeting,you must provide the legal representative with all the 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 file 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 attempt to work out a 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 the 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 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 our reasonable arrangements 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. ( y Respectfully submitte Date Signature of Counsel for Plaintiff 3 MGO Ell _T1 C Zai• 7-5-6 1 C"1 ZC -„_--. O CDC71 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Please 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 Please provide the following information to the best of your knowledge: CUSTOM ER/PRI MARY APPLICANT 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: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? 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 n 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: Value: Automobile#2: Model: Year: Amount owed:: Value: Other transportation(automobiles, boats, motorcycles): Model: Year: Amount owed: = ' Value Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly_Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2" Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med.(not covered) Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day/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 you know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION I/We, named , authorize the above 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 services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this page along with the following information to lender: 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) 2'1F5 JAli -2 hM 10: 26 CUIMBE RLAHID C 0 U N T Y PENNSYLVANIA PHELAN HALLI NAN,LLP PETER WAPNER,Esq.,Id.No.318263 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 ATTORNEY FOR PLAINTIFF peter.wapner@phelanhallinan.com 215-563-7000 CITIMORTGAGE,INC. S/B/M TO ABN AMRO MORTGAGE GROUP,INC, COURT OF COMMON PLEAS 1000 TECHNOLOGY DRIVE O'FALLON,MO 63368 CIVIL DIVISION Plaintiff V. TERM J MATTHEW SEAGRIST NOX/,r � 701 SOUTH MARKET ST ��� BEET CUMBERLAND COUNTY MECHANICSBURG,PA 17055-6413 Defendant CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE S File#: 958165 1. Plaintiff is CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP,INC. 1000 TECHNOLOGY DRIVE O`FALLON,MO 63368 2. The name(s) and last known address(es) of the Defendant(s)are: J MATTHEW SEAGRIST 701 SOUTH MARKET STREET MECHANICSBURG,PA 17055-6413 who is/are the mortgagor(s)and/or real owner(s)of the property hereinafter described. 3. On 11/18/2002 J MATTHEW SEAGRIST 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 1785,Page 579.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 07/01/2014 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. File#: 958165 6. The following amounts are due on the mortgage as of 12/08/2014: Principal Balance $54,811.88 Interest $1,707.43 06/01/2014 through 12/08/2014 Accumulated Late Charge Balance $421.52 Escrow Advance Balance $351.10 TOTAL $57,291.93 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 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)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#: 958165 WHEREFORE,Plaintiff demands an in rem judgment against the Defendant(s)in the sum of$57,291.93, 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: PETER WAPN R,Esq., Id. No.318263 Attorney for Plaintiff File#: 958165 �i LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Mechanicsburg, Cumberland County,Pennsylvania,bounded and described pursuant to a survey by D. P. Raffensberger, Registered Surveyor, dated January 11, 1958, as follows: BEGINNING at a point on the southeastern corner of the intersection of South Market Street and East Elmwood Avenue; thence in an eastwardly direction along the southern line of East Elmwood Avenue; thence in an easterly direction along the southern line of East Elmwood Avenue, 177.4 feet to a point in the center of an alley 20 feet wide; thence by the center of said alley, south 21 degrees 29 minutes East 60 feet to a point; thence by land now or formerly of Sarah E. Nesbitt, South 72 degrees 45 minutes West, 177.4 feet to a point on the eastern side of South Market Street; thence in a northwardly direction along the eastern side of South Market Street, 60 feet to the place of BEGINNING. BEING THE SAME premises which Steven J.Malnick and Brenda M.Malnick,his wife and The Homestead Group Inc.,a Pennsylvania Corporation,by deed dated 12/3/1999 and recorded 5/5/2000 in the Recorder of Deeds Office in and for Cumberland County,Pennsylvania in Book 221 Page 211,granted and conveyed unto J. Matthew Seagrist, single man,his heirs and assigns, in fee. Being Tax Map Number 17-24-0787-219 PROPERTY ADDRESS: 701 SOUTH MARKET STREET,MECHANICSBURG,PA 17055-6413 PARCEL#17-24-0787-219. File#: 958165 Y VERIFICATION Juliann Wunder,hereby states that 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. Printed name: Juliann Wunder Title: Vice President—Document Control Employed by CitiMortgage, Inc. Plaintiff. CITIMORTGAGE, INC. SUCCESS BY MERGER TO ABN AMRO ORTGAGE GROUP, INC. Date: v File#: 958165 Name: SEAGRIST File#: 958165 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY �i rf E 2 1r6 J'.":1 114 P} 1: 00 CUt EH S'YLVt I `, CITIMORTGAGE Inc S/B/M to ABN AMR() vs. J Matthew Seagrist Case Number 2015-1 SHERIFF'S RETURN OF SERVICE 01/05/2015 06:33 PM - Deputy Jamie DiMartile, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: J Matthew Seagrist at 701 S. Market Street, Mechanicsburg Borough, Mechanicsburg, PA 17055. 4CtikiLLI2. IE DIMARTILE, DEPUTY SHERIFF COST: $39.50 SO ANSWERS, January 06, 2015 RONN' R ANDERSON, SHERIFF (C) CCuntySuite Sheriff, Teleosoft. Inc.