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Home My WebLink About11-9398FILED-OFFICE f1F THE PROTHONOTARY 2D1{DEC27 AM 13: 13 CU PENNSYLVAN A OUNTY ATTORNEY FOR PLAINTIFF PHELAN HALLINAN & SCH IEG, LLP Robert W. Cusick, Esq., Id. No 80193 1617 JFK Boulevard, Suite 140 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITICORP TRUST BANK, FSB 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 Plaintiff V. MARK A. TASKER 108 WILLOW DRIVE SHIPPENSBURG, PA 17257-9439 Defendant 284112 COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. q3q8 0 vii -ferm CUMBERLAND COUNTY Q!9 *qa,00 PO pTI-Y p*t ol44q 7 File #: 2841 12 NOTICE You have been sued, in Court. If you wish to defend against the claims set forth in the following pages, you must ?ake action within twenty (20) days after this Complaint and Notice are served by entering a wr?tten 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 furthe? notice for any money claimed in the Complaint or for any other claim or relief requested bylthe plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 60 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 #: 2841 12 1. Plaintiff is CITICORP TRUST BANK, FSB 1000 TECHNOLO Y DRIVE OTALLON, MO 6 368 i 2. The name(s) and la?t known address(es) of the Defendant(s) are: MARK A. TASKE 108 WILLOW DRIVE SHIPPENSBURG, PA 17257-9439 who is/are the mort agor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/24/2009 MARK A. TASKER made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Instrument No. 200922615.The mortgage and assignment(s), ?f any, are matters of public record and are incorporated herein by reference in accord ?nce with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attache 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 06/012011 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 collecti> le forthwith. 6. The following amo> nts are due on the mortgage as of 11/06/2011: Principal B lance $165,120.93 Interest $5,270.80 05/23/2011 through 11/06/2011 Late Charges $284.70 TOTAL $170,676.43 File #: 284112 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 discharg? of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclos4re 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 t? Pennsylvania Law. 8. Notice of Intention ?o Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as required by the morItgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon. WHEREFORE, Plaintiff d?mands an in rem judgment against the Defendant(s) in the sum of $170,676.43, 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. PHELA N & SCHMIEG, LLP By: R bet usick, Esquire Attorney for Plaintiff File #: 2841 12 LEGAL DESCRIPTION Tract No. 1: ALL THAT CERTAIN lot* piece of ground situate in Southampton Township, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at an iron pin on the eastern side of Willow Drive; thence along a curve to the left having a radius of 1,344.5 feet, an arc distance of 90 feet and a chord distance of 89.92 feet on a chord bearing of North 28 degrees 58 minutes 19 seconds East to a point; thence along Lot No. 11, Section F, South 64 degrees East, 100 feet to a point; thence South 10 degrees East, 127.5 feet to a point; thence along Lot No. 7, Section F, North 59 degrees 45 minutes West, 180.1 feet to the iron pin at the place Of BEGINNING. IT BEING Lot No. 9, Secti?n F, in the revised Mountain View Addition, surveyed by John Howard McClellan, R.S., dated May, 1963 I Tract No. 2: ALL THAT CERTAIN lot or piece of ground situate in Southampton Township, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described in accordance with the Larch Drive land development plan recorded in the Office of the Cumberland County Recorder of Deeds in Plan Book 68, Page 115, as follows: Fife #: 2841 12 BEGINNING at the northwestern corner of Lot 13 shown on said plan at Lot 14; thence along the western edge of said Lot 14, North 39 degrees 37 minutes 54 seconds East, 6.40 feet to a point at property now or formerly ?f Arthur E. Sites; thence along said last mentioned lands now or formerly of Arthur E. Sties, North 64 degrees 05 minutes 46 seconds West, 99.92 feet to a point at other lands of the Roy C. Miller, Jr. and Brenda Miller; thence along said lands, South 09 degrees 09 minutes 21 sec nds East, 129.03 feet (erroneously referred to as 192.03 feet in prior deed) to a point in the wes ern line of Lot 11 on said plan; thence along the western side of Lot 11, North 39 degrees 37 minutes 54 seconds East, 2.30 feet to a point at the southwestern corner of Lot 12 on said plan; seconds East, 50.01 feet to CONTAINING 5,77 SUBJECT, NEVER conveyed to an adjoiner as along the western side of Lot 12,North 39 degrees 37 minutes 54 a point at Lot 14, the point and place of BEGINNING. feet, and BEING Lot 51 on said plan. to the restrictions in said plan that Lot 51 is required to be a lot addition and may no be sold separately. BEING the same premises (which Roy C. Miller, Jr. and Brenda Miller, his wife, by Deed dated September 8, 2003, and and for the County of Cu unto Janice B. Freund, PROPERTY ADDRESS PARCEL # 39-35-2385-0: September 10, 2003, in the Office of the Recorder of Deeds in Pennsylvania, in Book 259, Page 989, granted and conveyed herein. 08 WILLOW DRIVE, SHIPPENSBURG, PA 17257-9439 File #: 2841 12 VERIFICATION Rosa Wilmer w' - hereby states that he/she is of CITIMORTGAGE, INC., ?ITIMORTGAGE, INC is the Servicer of the loan and is authorized to act on behalf of the mortgagee CITICORP TRUST BANK, FSB . CITIMORTGAGE, INC, on behalf of Plaintiff in this matter 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 or I understand that Os statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: -2- File#: 284112 Name: TASKER G Name: Rosa Wilmer Title: CITIMORTGAGE, INC. File #: 2841 12 11 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY riLEG - 1 ic w o4 {HF 4? "i) Y i ?Lp f[ t'•. ???'1tL17 ?? 4Iliflfip?,?7 1 ?'? '7 ? =s e?? r'. 't 2,312 JA'q 10 PM 4: 11 CUMBERLAND COUNT FI F _:: PENNSYLVANIA, Citicorp Trust Bank, FSB Case Number vs. Mark A. Tasker 2011-9398 SHERIFF'S RETURN OF SERVICE 01/03/2012 07:52 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on January 3, 2011 at 1952 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Mark A. Tasker, by making known unto Leah Price, adult in charge at 108 Willow Drive, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to her personally the said true and correct copy of the same. WMN SHALL, EPLITY SHERIFF COST: $48.00 January 05, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF Col.miySuite Sher t. Te eosofi. In;; Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff CITICORP TRUST BANK, FSB Plaintiff : I Court of Common Pleas : I Civil Division vs MARK A. TASKER Defendant : I CUMBERLAND County : I No. 11-9398-CIVIL-TERM PRAECIPE TO THE PROTHONOTARY: Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. X Please mark the above referenced case Settled, Discontinued and Ended. Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. Please mark the in rem judgment Satisfied and the action Discontinued and Ended. Date: .? (I ? (CAL PHS# 284112 PHELAN H ALLINAANN & SCHMIEG, LLP ? By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Xr`?'t ? ;0 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Z ? 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 p 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. 2050477 Courtenay R. Dunn, Esq., Id. No. 20619 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Attorneys for Plaintiff xb. M.? ss 2 -?-? crs PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 CITICORP TRUST BANK, FSB Plaintiff vs MARK A. TASKER Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 11-9398-CIVIL-TERM CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff's Praecipe was served by regular mail to the person(s) on the date listed below: MARK A. TASKER 108 WILLOW DRIVE SHIPPENSBURG, PA 17257-9439 Date: 7?I (mil (? `Z By: .-?. Law ce 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. 206rT--- Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Attorney for Plaintiff