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Home My WebLink About11-3160 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 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. 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 William E. Miller, Esq., Id. No. 308951 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 Plaintiff v. t 0-Ct' F{C F.' NA R 2 2 AM 10: L' ?11,3E??D pC?O?1??7' L-NNSYLVANIA ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ' t-3iUt> Cln, SCOTT A. WARNER AKA SCOTT WARNER 10 MEADOW RIDGE DRIVE CUMBERLAND COUNTY SHIPPENSBURG, PA 17257-9010 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 262314 262314 (D a a sV)oc? 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 #: 262314 Plaintiff is CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE MAIL STATION OTALLON, MO 63368-2240 2. The name(s) and last known address(es) of the Defendant(s) are: SCOTT A. WARNER AKA SCOTT WARNER 10 MEADOW RIDGE DRIVE SHIPPENSBURG, PA 17257-9010 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 10/26/2007 SCOTT A. WARNER AKA SCOTT WARNER made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR WILMINGTON FINANCE, INC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200741657. The PLAINTIFF is now the mortgagee 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 10/01/2010 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 #: 262314 6 The following amounts are due on the mortgage: Principal Balance $143,171.22 Interest $4,431.84 09/01/2010 through 01/07/2011 Late Charges through 01/07/2011 $646.30 Subtotal $148,249.36 Escrow Credit $482.14 TOTAL $147,767.22 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 #: 262314 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $147,767.22, together with interest from 01/07/2011 at the rate of $34.7141 per diem to the date of judgment, and other 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 1N AN & SCHMIEG, LLP By: ? Lawren . 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 ? J me R. Davey, Esq., Id. No. 87077 ? auren 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 ? 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 ? William E. Miller, Esq., Id. No. 308951 Attorneys for Plaintiff File #: 262314 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the western right of way line of Meadow Ridge Drive and the dividing line between Lot No. 10 and Lot No. 11 on the hereinafter referred to Plan; thence along said dividing line, North 48 degrees 32 minutes 32 seconds West, a distance of 235.36 feet to a point in line of lands now or formerly of Carl Kelso, Jr.,; thence along line of said lands now or formerly of Kelso, North 31 degrees 32 minutes 54 seconds East, a distance of 95.50 feet to a point at the dividing line between Lot No. 9 and Lot No. 10 on the hereinafter referred to Plan; thence along said dividing line South 42 degrees 49 minutes 17 seconds East, a distance of 240.13 feet to a point in the western right of way line of Meadow Ridge Drive; thence along said western right of way line of Meadow Ride Drive, South 31 degrees 04 minutes 01 seconds West, a distance of 71.31 feet to a point, the place of BEGINNING. CONTAINING a lot area of 19,296 square feet and being Lot No. 10 on a Subdivision Plan for Meadow Ridge, prepared by Steven P. Wolfe, Professional Surveyor, dated May 7, 1993 and filed in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 71, page 146. BEING THE SAME PREMISES which M.T.M. Partnership, having as partners Mark E. Katrina, Timothy A. Grove and Michael R. Grove, by deed dated July 25, 2000 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania on July 28, 2000 in Record Book 226, page 91 granted and conveyed unto SCOTT A. WARNER AKA SCOTT File #: 262314 WARNER and Lori K. Warner, husband and wife, the Grantors herein. THIS IS A CONVEYANCE FROM HUSBAND AND WIFE TO HUSBAND AND IS THEREFORE EXEMPT FROM REALTY TRANSFER TAXES. UNDER AND SUBJECT, nevertheless, to the following building and use restrictions: 1. Single wide mobile homes are not permitted for either temporary or permanent building use. 2. All homes must have masonry or concrete walled permanent foundations (crawl space or basement). 3. Commercial kennels or breeding of animals is not permitted. PROPERTY ADDRESS: 10 MEADOW RIDGE DRIVE, SHIPPENSBURG, PA 17257- 9010 PARCEL # 39-32-2285-028 File #: 262314 VERIFICATION Dana R. DUOW DOGUn rat Cor*d Officer hereby states that he/she is of CITIMORTGAGE, INC., servicing agent for Plaintiff in this matter, CITIMORTGAGE, INC., that he/she is authorized to make 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 falsification to authorities. Name: DM R. DtWK DATE: O 120 ? ? PHS#: 262314 Title: Damomk Control Officer Servicer: CITIMORTGAGE, INC. Name: WARNER SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy t p? ??.itt?AtFt FILED-OFFICE aG THE PROTHONOTARY 2011 MAR 29 PM 1: 02 Richard W Stewart Solicitor CITIMORTGAGE, Inc. vs. Scott A. Warner OF . E 'r-F CU PENNSYLVANIANT Case Number 2011-3160 SHERIFF'S RETURN OF SERVICE 03/24/2011 08:15 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on March 24, 2011 at 2015 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Scott A. Warner, by making known unto himself personally, at 10 Meadow Ridge Drive, 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: $48.00 March 25, 2011 A S AL UTY SO ANSWERS, RON R ANDERSON, SHERIFF c i ti.:[yS a t? fP. T E. oso,i f%-, Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 11 c crz '7nnn Attorney For Plaintiff CITIMORTGAGE, INC. Plaintiff vs SCOTT A. WARNER A/K/A SCOTT WARNER Court of Common Pleas r%', rh •f N Civil Division CUMBERLAND County No. 11-3160- CIVIL Defendant ?G o r-\ v, PRAF.CTPF. TO THE PROTHONOTARY: Please withdraw the complaint and mark the action discontinued and ended without PHELAN HA IN & SCHMIEG, LLP By: 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 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 PHS# 262314 Attorneys for Plaintiff prejudice. Date: ?`1 ///