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Home My WebLink About12-1052- FILED-OFFICE OF THE P LO T HONOTA , 2012 FEE? 21 AM 10: 17 CUMBERLAND COUHT`t` PEM'4SYLVANIA PHELAN HALLINAN & SCHMIEG, LLP Joseph P. Schalk, Esq., Id. No.91656 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 Plaintiff V. PAMELA K. GRACEY 119 WICKSHIRE CIRCLE LITITZ, PA 17543-7659 Defendant 276887 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM C//?? n NO. PC)1 ?- loses IVIC CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 276887 C4 )03.-2SP >>s-?y a-M o/. 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 #: 276887 Plaintiff is CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE OTALLON, MO 63368 2. The name(s) and last known address(es) of the Defendant(s) are: PAMELA K. GRACEY 119 WICKSHIRE CIRCLE LITITZ, PA 1.7543-7659 who i s/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/20/2006 PAMELA K. GRACEY made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR PRIMARY RESIDENTIAL MORTGAGE INC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book 1970, Page 4527. By Assignment of Mortgage recorded 04/15/2009 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage instrument # 200911770. 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 03/01/2011 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 #: 276887 6. The following amounts are due on the mortgage as of 07/21/2011: Principal Balance $265,297.34 Interest $5,628.51 02/01/2011 through 07/21/2011 Late Charges $0.00 Escrow Deficit 578.75 TOTAL $271,504.60 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 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. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974 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. 9. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $271,504.60, 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. PHELAN HALLINAN & SCHMIEG, LLP By: "-, t k c_ J ep P. halk, Esquire ttor ey for Plaintiff File #: 276887 LEGAL DESCRIPTION ALL THAT. CERTAIN tract or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point of intersection of the western line of Brookridge Drive and the line of adjoiner between Lots 129 and 130 on the hereinafter mentioned Plan of Lots; thence by said line of adjoiner North 72 degrees 15 minutes 00 seconds West a distance of 227.49 feet to a point; thence North 16 degrees 52 minutes 00 seconds East along lands now or formerly of James E. Grandon, Jr., a distance of 112.47 feet to a point; thence South 72 degrees 15 minutes 00 seconds East along the line of adjoiner between Lots 130 and 131 on said Plan a distance of 229.22 feet to a point on the western line of Brookridge Drive aforesaid; thence along said western line South 17 degrees 45 minutes 00 seconds West a distance of 112.46 feet to a point, the place of BEGINNING. BEING LOT NO. 130 on the Final Subdivision Plan No. 11 of Ridgeland recorded in the Office of Recorder of Deeds of Cumberland County in Plan Book 47, Page 124. HAVING THEREON erected a dwelling known and numbered as 3950 BROOKRIDGE DRIVE, MECHANICSBURG, PENNSYLVANIA 17050 PROPERTY ADDRESS: 3950 BROOKRIDGE DRIVE, MECHANICSBURG, PA 17050- 2103 PARCEL # 10-17-1035-142 Attorney File 'No.: 276887 VERIFICATION DocumBM Qor*ol::Otficer hereby states that he/she is CITIMORTGAGE, INC., Plaintiff in this matter and is authorized to make this of, Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: La L, Z/ NZ : 'Jetaica Rivera Title: OQCtxnW*WtrW blf1w File#: 276887 Name: GRACEY Attorney File No.: 276887 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy of ?,I,f,?Frrr?o HE PR0TH L IZ NIR 20 AM 110: ? Richard W Stewart Solicitor CUMBERLAND CQUNT'' PENNSYLVANIA Citimortgage, Inc vs. Case Number Pamela K. Gracey 2012-1052 SHERIFF'S RETURN OF SERVICE 02/22/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Pamela K. Gracey, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Lancaster County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 03/07/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Pamela K. Gracey, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Pamela K. Gracey. Request for service at 3950 Brookridge Drive, Mechanicsburg, Pennsylvania 17050 is vacant. The Mechanicsburg Postmaster has confirmed, Pamela K. Gracey is not known at this address. 03/09/2012 01:55 PM - Lancaster County Return: And now March 9, 2012 at 1355 hours I, Terry A. Bergman, Sheriff of Lancaster County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Pamela K. Gracey by making known unto Robert G. Davidson III, Power of Attorney for Pamela K. Gracey at 119 Wickshire Circle, Lititz, Pennsylvania 17543 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $68.00 March 16, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF (cY GeuntySuite Shennff I eleosott- Inc- SHERIFF'S OFFICE OF CUMBERLAND COUNTY r ZZ Ronny R Anderson a1 11, ai krUMt,, Sheriff Jody S Smith Ric and W Stewart Chief Deputy fG y Solicitor Citimortgage, Inc Case Number vs. Pamela K. Gracey 2012-1052 SERVICE COVER SHEET 0 N A?.., ,, .•...?y ?y? y?y? Cl Category: Civil Action -Complaint in Mortgage Foreclosure Zone: 3 X Manner: 'Deputize Expires: 03/2212012 Warrant: W Notes: LCSO Yvette Turco 717 723-4519 a M ti a S. t??Fva -To. Name: Pamela K. Gracey Served: Personally Adult In Charge Poste Primary 119 Wickshire Circle Adult in w;- Address: Lititz, PA 17543 Charge: Phone: DOB: Relation: 4?w_ owC Alternate Date: ?Z Time: Address: Y_ Phone: Depu Mileage: NOW Name: Francis S. Hallinan Phone: 215-563-7000 Phelan 8a1l1[lan Sch eig one Penn Center Ste 1400 Phila PA 19 Date: Ale N _r 0 Time: 3- 0 LO u ? H Z3 ?M N Mileage: N Deputy. 4y t,C ?,Vl y R# 6756 $150.00 $36.50 -? w4oolt X. P ft, ___ Ck11?o3?rz Q No February 22, 2012 I, Sheriff of Cumberland County, Pennsylvania do hereby deputize the Sheriff of Lancaster County tc a exec a service of the documents herewith and make return thereof according to law. v Return To: Cumberland County Sheriffs Office One Courthouse Square Carlisle, PA 17013 onny R Anderson, Sheriff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 4 - (t t ?- d Attorney For Plaintiff One Penn Center Plaza . a i J J O T,:. I' Philadelphia, PA 19103 215-563-7000 i-91? MAP, 2 1- AN !Q: 50 CITIMORTGAGE, INC. Plaintiff vs PAMELA K. GRACEY Defendant ? l?f Common Pleas C U BE RLS PENNIV 'Civil Division : I CUMBERLAND County : I No. 2012-1052-CIVIL TO THE PROTHONOTARY: PRAECIPE 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: -PO t`Z PHELAN HALLINAN & SCHMIE LP By: Lawrenc helan, 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. 2067 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 PHS# 276887 Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC. Plaintiff vs PAMELA K. GRACEY Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 2012-1052-CIVIL 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: PAMELA K. GRACEY 119 WICKSHIRE CIRCLE LITITZ, PA 17543-7659 Date: ?* I By: Lawre f. 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. 'rabas, 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. 20677-- 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