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Home My WebLink About11-0835'Phelan 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 Jenine 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 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE MAIL STATION O'FALLON, MO 63368-2240 V. Plaintiff JOYCE T. SELLAR 92 LEE ANN COURT ENOLA, PA 17025-1938 Defendant EILEO-OFF'CE ARl r V, XI13,11 25 pi 10; Il 3ERLAND COUNT, ?E???SYIVAF?IA ATTORNEY FOR PLAINTIFF 257624 COURT OF COMMON PLEAS CIVIL DIVISION TERM 04 No. gDkl- X35 C1?? l T-P-?' CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 257624 U9g, °° ?d a acL; w5 oo1A6 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 #: 257624 1. Plaintiff is CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE MAIL STATION O'FALLON, MO 63368-2240 2. The name(s) and last known address(es) of the Defendant(s) are: JOYCE T. SELLAR 92 LEE ANN COURT ENOLA, PA 17025-1938 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/15/2008 JOYCE T. SELLAR made, executed and delivered a mortgage upon the premises hereinafter described to CITICORP TRUST BANK, FSB which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200813127. 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 08/01/2010 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 #: 257624 6. The following amounts are due on the mortgage: Principal Balance $120,247.98 Interest $2,992.09 07/01/2010 through 11 / 17/2010 Late Charges through 11/17/2010 $158.84 Escrow Deficit $4,177.62 TOTAL $127,576.53 7 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 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 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 #: 257624 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $127,576.53, together with interest from 11/17/2010 at the rate of $22.001 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage including but not limited to attorneys fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP ence T. Phelan, Esq., Id. N6. 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 ? Jenine 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 ? ew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 Attorneys for Plaintiff File #: 257624 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at the point of intersection between the southerly right-of-way line of Lee Ann Court and the line of adjoiner between Lots N-4 and N-5 on the hereinafter mentioned plan of lots; thence South 41 degrees 27 minutes 51 seconds East by said line of adjoiner and through a party wall of townhouses erected on Lots N-4 and N-5 a distance of 110.00 feet to a point; thence South 48 degrees 32 minutes 09 seconds West a distance of 22.00 feet to a point; thence North 41 degrees 27 minutes 51 seconds West by the line of adjoiner between Lots N-5 and N-6 and through a party wall of townhouses erected on Lots N-5 and N-6 a distance of 110.00 feet to a point on the southerly right-of- way line of Lee Ann Court; thence North 48 degrees 32 minutes 09 seconds East by said southerly right-of-way line a distance of 22.00 feet to a point, the point and place of BEGINNING. BEING Lot N-5 on the Final Revised Subdivision Plan for a Portion of Sherwood Court (Phase I) dated April 15, 1996 and revised April 9 and May 1, 1996 by Hartman and Associates, Inc., Engineers and Surveyors, and recorded in the Cumberland County Recorder of Deeds Office in Plan Book 72, Page 68. UNDER AND SUBJECT to a 10 feet access easement and restrictions as set forth on said plan of lots. HAVING THEREON ERECTED a townhouse known and numbered as 92 Lee Ann Court. THE ABOVE PREMISES are conveyed subject to the easements, restrictions and burdens set forth in the Declaration for the Final Subdivision Plan for Sherwood Court, Phase One, dated April 19, 1993, and recorded in the Cumberland County Recorder of Deeds Office in Plan Book 68, Page 11 as revised by the above said plan, said Declaration being dated March 23, 1995 and recorded May 15, 1995 in the Cumberland County Recorder's Office in Miscellaneous Book 496, Page 79, which are assumed and agreed to by the Grantee(s) herein. PROPERTY ADDRESS: 92 LEE ANN COURT, ENOLA, PA 17025-1938 PARCEL # 09-15-1288-232 File #: 257624 VERIFICATION hereby states that he/she is of CTTIMORTGAGE, INC., servicing agent for Plaintiff in this matter, CITIMORTGAGE, INC., 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 unworn falsification to authorities. DATE: J6U/IU.&I-q -1 l Z a PHS#: 257624 Name: p Lkbc-10- L Title: DO Servicer: CITIMORTGAGE, INC. Name:SELLAR SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff s ti FILED-OFFICE ?.1.`?j+, Jody S Smith H Chief Deputy 2311 F B -9 AM 9' C'1 l Richard W Stewart r`UMBERLA4 L'vt Solicitor DF_5'LV1'``, Citimortgage Inc vs. Case Number Joyce T. Sellar 2011-835 SHERIFF'S RETURN OF SERVICE 02/02/2011 02:55 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on February 2, 2011 at 1455 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Joyce T. Sellar, by making known unto herself personally, at 92 Lee Ann Court, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.50 February 03, 2011 R4ET LBI T N LERD U SO ANSWERS, RON R ANDERSON, SHERIFF 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 JOYCE T.SELLAR Defendant(s) No.2011-835-CIVIL-TERM 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. E Please mark the in rem judgment Satisfied and the action Discontinued and Ended. ❑ Please Vacate the Judgment entered. Date: I(° [A\K PHELAN !''AN,LLP By: Courtenay R. Dunn,Esq., Id.No.206779 Attorney for Plaintiff PH#751458-NOT • 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 JOYCE T.SELLAR Defendant(s) • No.2011-835-CIVIL-TERM • 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: JOYCE T. SELLAR 92 LEE ANN COURT ENOLA,PA 17025-1938` r Date: [O(I I 1 V"l, PHELAN HALL I • .;LLP By: Courtenay R. Dunn,Esq.,Id. No.206779 Attorney for Plaintiff