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Home My WebLink About11-3853Phelan 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. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 V. Plaintiff P'OTHONOTIAR ?,a } i,?f_ it 1 r... ";IMF E RLAP D CDUINTY PENNs fi IVANIA ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ``-3853 255200 ALEXANDRA C. LEEDY, IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF CONNIE J. LEEDY 1141 NORTH PHEASANT DRIVE, A/K/A 1141 PHEASANT DRIVE NORTH CARLISLE, PA 17013 Defendant CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 255200 a a,A %?a? Rit 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 #: 255200 I . 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: ALEXANDRA C. LEEDY, IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF CONNIE J. LEEDY 1141 NORTH PHEASANT DRIVE, A/K/A 1141 PHEASANT DRIVE NORTH CARLISLE, PA 17013 who is/are the real owner(s) of the property hereinafter described. 3. On 05/18/2009 CONNIE J. LEEDY made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR BANK OF ANN ARBOR which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200917248. By Assignment of Mortgage recorded 11/30/2010 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201034882. 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 07/01/2010 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 File #: 255200 by written notice sent to Mortgagor, the entire principal balance and all interest due 6 thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $66,490.89 Interest $1,303.69 06/01/2010 through 10/30/2010 Late Charges through 10/30/2010 $89.30 Escrow Deficit $57.47 TOTAL $67,941.35 7 8. 9. 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. By virtue of the death of William J. Leedy on 07/16/2008, Connie J. Leedy became the sole owner of the mortgaged premises as surviving tenant by the entireties. File #: 255200 10. Mortgagor Connie J. Leedy died on 05/28/2010, leaving a Will dated 09/23/2008. Letters Testamentary were granted to Alexandra C. Leedy on 06/16/2010 in Cumberland County, No. 21-10-0613. Decedent's surviving heir(s) at law and next-of-kin is Alexandra C. Leedy. 11. Plaintiff does not hold the named Defendant(s), Alexandra C. Leedy, personally liable on this cause of action. This action is being brought to foreclose the interest of the said Defendant(s) in the aforesaid real estate only, and the Defendant(s) has/have been named in accordance with the requirements of Pa R.C.P. 1144(a)(2) and 20 Pa.C.S.A. § 301(b). File #: 255200 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $67,941.35, together with interest from 10/30/2010 at the rate of $8.6529 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 q., 227 ? Francis S. Hallinan, Esq., Id. No. 626 ? Daniel G. Schmieg, Esq., Id. No. 6 5 ? 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 RAttorneys for Plaintiff File #: 255200 LEGAL DESCRIPTION ALL THAT CERTAIN lot or parcel of ground situated in North Middleton Township, Cumberland County, Commonwealth of Pennsylvania, known as and numbered Lot 61 as shown on the Final Subdivision Plan of Pheasant Run Estates, Phase II & Phase III, for Metlanco, Inc., prepared by Gerrit J. Betz, Associates, Inc., dated April 30, 1975, and recorded in the hereinafter mentioned Recorder Office in Plan Book 29, Page 7-D, and being more particularly bounded and described as follows: BEGINNING at a point at the Northwest corner of the within described premises, at the dividing line between Lots Nos. 61 and 62 as shown on the aforementioned Plan, the said point being in or at the right of way of 50 foot wide Pheasant Drive North; thence in or along the right of way of 50 foot wide Pheasant Drive North South 83 degrees 10 minutes 21 seconds East 21.36 feet to a point at the line of property shown as Recreation & Green Area on said Plan; thence along said Recreation & Green Area the following three courses and distances: (i) South 38 degrees 10 minutes 21 seconds East 20.0 feet (ii) South 06 degrees 49 minutes 39 seconds West 125.86 feet, and (iii) North 83 degrees 10 minutes 21 seconds West 35.50 feet to a point at the dividing line between Lots Nos. 61 and 62 as shown on the aforementioned Plan; thence along the said dividing line between Lots Nos. 61 and 62, North 06 degrees 49 minutes 39 seconds East 140.0 feet to a point in or at the right of way of 50 foot wide Pheasant Drive North, the point and place of BEGINNING. KNOWN AND NUMBERED at 1141 Pheasant Drive North, Carlisle, Pennsylvania 17013 and having erected thereon a two story frame townhouse. SUBJECT to and together with rights in a 10 foot easement along the rear and eastern side of said Lot as shown on said Plan. PROPERTY ADDRESS: 1141 NORTH PHEASANT DRIVE, A/K/A 1141 PHEASANT DRIVE NORTH, CARLISLE, PA 17013-1252 PARCEL # 29-17-1583-059 File #: 255200 VERIFICATION Document Controt Oli?r Crystal X LaRosa 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. DATE: PHS#: 255200 Name: Crystal A. LaRose Title: Document Control Olf cer Servicer: CITIMORTGAGE, INC. Name: LEEDY