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Home My WebLink About09-3709Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 207926 ATTORNEY FOR PLAINTIFF CITIMORTGAGE, INC. COURT OF COMMON PLEAS 5280 CORPORATE DRIVE MS1011 CIVIL DIVISION FREDERICK, MD 21703 TERM Plaintiff V. NO. Oq -,3709 l?iv lTem CUMBERLAND COUNTY SANDRA L. MILLER 1945 RITNER HIGHWAY AJKJA R.D. #1, BOX 298 SHIPPENSBURG, PA 17257-9759 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 207926 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. Lawyer Referral Service: Ctunberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 File #: 207926 Plaintiff is CITIMORTGAGE, INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 2. The name(s) and last known address(es) of the Defendant(s) are: SANDRA L. MILLER 1945 RITNER HIGHWAY A/K/A R.D. 41, BOX 298 SHIPPENSBURG, PA 17257-9759 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/01/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR HOWARD HANNA FINANCIAL SERVICES, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1702, Page 893. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 02/01/2009 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 #: 207926 6. The following amounts are due on the mortgage: Principal Balance $32,296.20 Interest $817.74 01/01/2009 through 06/03/2009 (Per Diem $5.31) Attorney's Fees $1,325.00 Cumulative Late Charges $97.52 05/01/2001 to 06/03/2009 Cost of Suit and Title Search 750.00 Subtotal $35,286.46 Escrow Credit $0.00 Deficit $283.84 Subtotal 283.84 TOTAL $35,570.30 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 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 Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to File #: 207926 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $35,570.30, together with interest from 06/03/2009 at the rate of $5.31 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: e r- wrence'T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenne R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Attorneys for Plaintiff File #: 207926 LEGAL DESCRIPTION ALL that certain concrete block house and lot of ground located in North Newton Township, Cumberland County, Pennsylvania, on the Carlisle-Chambersburg Turnpike, now U.S. Route 11, more particularly bounded and described as follows: BEGINNING at a point on the northwesterly right-of-way line of the Harrisburg-Carlisle and Chambersburg Turnpike, now U. S. Route 11, said point being North 53 degrees 30 minutes East a distance of 118.01 feet from the intersection of the northwesterly line of a foresaid turnpike and line of lands now or late of John Beattie: thence along lands now or late of D. K. Sterrett, North 36 degrees 21 minutes West a distance of 86.30 feet to an iron pin; thence by the same North 53 degrees 31 minutes East a distance of 118.42 feet to an iron pin; thence by the same, South 38 degrees 29 minutes East a distance of 86.30 feet to the northwesterly right-of-way line of the Harrisburg-Carlisle and Chambersburg Turnpike, now U. S. Rout 11; thence along said line, South 53 degrees 30 minutes West a distance of 121.66 feet to a point, the Place of BEGINNING. CONTAINING 0.199 Acres. HAVING thereon erected a concrete block house known and numbered as R. D. #1, Box 298, Shippensburg, PA 17257. BEING THE SAME PREMISES which Michael J. Thimgan and Barbara H. Thimgan, his wife, by their deed dated December 3, 1985 and recorded December 3, 1985 in the Cumberland File #: 207926 County Office of the Recorder of Deeds in Deed Book P, Volume 31, Page 1082 granted and conveyed to Sandra L. Miller, single woman. PROPERTY BEING; 1945 RITNER HIGHWAY, A/K/A R.D. #1, BOX 298 PARCEL# 30-11-0' 3C4 - OCs1 File #: 207926 VERIFICATION The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. DATE: b6kE Attorney r Plaintiff File #: 207926 li J JOt rOF 1Y 2009 JUN -4 PM t : 4 f ?'J?1?Y.VAJ?q MY 4'78.50 Pb AIW Sheriff s Office of Cumberland County R Thomas Kline ~a~,~xn at ~uan6rr~r~~A Edward L Schorpp Sheriff , Solicitor ~'~' Ronny R Anderson "" ~~~~'~" ~ Jody S Smith Chief Deputy oFric~ o~ rr~~ ~aiFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 06/10/2009 03:00 PM -William Cline, Deputy Sheriff, who being duly sworn according to law, states tf~at on June 10, 2009 at 1500 hours, he served a true copy of the within Complaint in Mortgage Foreclosurte, upon the within named defendant, to wit: Sandra L. Miller, by making known unto Steven King, son'lof defendant at 1945 Ritner Highway Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $46.00 SO ANSWERS, June 11, 2009 2009-3709 Citimortgage Inc. v Sandra L. Miller R THOMAS LINE, SHERIFF p y S eri N r> Q ~-n C .C'o ~~ ~ ~~ fr ~ r"''C~; > ~ -~~ C • ~ ~ ~ S•`•• J ~-"~ /' •• '~Y ..~ W PHELAN HALLINAN & SCHMIEG, LLP BY: JENINE R. DAVEY, ESQUIRE Identification No. 87077 One Penn Center at Suburban Station 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 X215)563-7000 CITIMORTGAGE, INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM v. Plaintiff NO. 09-3709-Civil Term CUMBERLAND COUNTY SANDRA L. MILLER 1945 RITNER HIGHWAY A/K/A R.D. #1, BOX 298 SHIPPENSBURG, PA 17257-9759 Defendant PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please substitute the attached, original Verification of Devin Thacker, Assistant Vice President of Citimortgage, INC., for the Verification attached to Plaintiff's Complaint filed in the above matter on or about June 4, 2009. DATE: 3 V By: J nine R. Davey, quire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP BY: JENINE R. DAVEY ESQUIRE Identification No. 87077 One Penn Center at Suburban Station 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 X215) 563-7000 CITIMORTGAGE, INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 v. Plaintiff Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM N0.09-3709-Civil Term CUMBERLAND COUNTY SANDRA L. MILLER 1945 RITNER HIGHWAY A/K/A R.D. #1, BOX 298 SHIPPENSBURG, PA 17257-9759 Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the foregoing Plaintiff's Praecipe to Substitute Verification was served by regular mail on the following parties on the date listed below: Brian J. Bleasdale, Esquire 931 Chislett Street Pittsburgh, PA 15206 DATE: By: e ine R. Davey, Es uire ttorney for Plaintiff VERIFICATION Devin Thacker hereby states that he/she is Assistant Vice President of CITIMORTGAGE, INC., servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsifica 'onto authorities. i~ D m Thacker, Assistant Vice President DATE: August 18, 2009 Company: CITIMORTGAGE, INC. File #: 207926 LT Miller fi~l~--~~s 1~~ E?~' ~~ ^~~~;~h~TA4Y; Z~1~ SEP ~4 ~~ ~~ ~