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Home My WebLink About12-1180 1 _. THE 6, ?c ;doe TA f C0??F. ?4 AV 10: 1 ? "OUNT ANlA? PHELAN HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 288919 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST, INC. 2006-HE3, ASSET-BACKED PASS- THROUGH CERTIFICATES SERIES 2006-HE3 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. LYNNETTE J. KIRKPATRICK A/K/A LYNETTE J. RHOADES 17 SHARON ROAD ENOLA, PA 17025-1824 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM p NO d00-11OU 61111'1 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 288919 /?o? 0???? %IG3 75 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 #: 288919 Plaintiff is US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST, INC. 2006-HE3, ASSET-BACKED PASS-THROUGH CERTIFICATES SERIES 2006-HE3 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: LYNNETTE J. KIRKPATRICK A/K/A LYNETTE J. RHOADES 17 SHARON ROAD ENOLA, PA 17025-1824 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 10/09/2006 LYNNETTE ;f. KIRKPATRICK made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A. NOMINEE FOR NEW CENTURY MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book 1969, Page 3987. By Assignment of Mortgage recorded 01/13/2012 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201201326.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 09/01/2011 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 File #: 288919 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 as of 01/13/2012: Principal Balance $82,303.46 Interest $1,803.71 08/01/2011 through 01 / 13/2012 Late Charges $95.92 Property Inspections $40.00 Escrow Deficit $5037 TOTAL 584,293.46 7. 8 Plaintiff is not seeking a judgment of personal liability (or an in edam 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 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. File #: 288919 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $84,293.46, 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. AN & SCHMIEG, LLP Allison F. Wells, Esquire Attorney for Plaintiff File #: 288919 LEGAL DESCRIPTION ALL that certain tract of land with improvements thereon erected situate in East Pennsboro Township, in the County of Cumberland and Commonwealth of'Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the South side of Sharon Road (40 feet wide), said point being the dividing line between Lots Nos. 6 and 7 on the hereinafter mentioned Plan of Lots; thence southwardly along said dividing line a distance of one hundred eighty (180) feet to Lot No. 16 on said Plan; thence eastwardly along said Lot No. 16, a distance of seventy (70) feet to Lot No. 8 on said Plan; thence northwardly along said Lot No. 8, a distance of one hundred eighty (180) feet to the southern line of Sharon Road; thence Westwardly along the south side of Sharon Road, a distance of seventy (70) feet to Lot No. 6, the place of BEGINNING. BEING Lot No. 7 in the Plan of Lots known as Penn Heights, said Plan being recorded in the office of the Recorder of Deeds, Cumberland County, in Plan Book 6, Page 28. HAVING thereon erected a single dwelling house, numbered as 17 Sharon Road, Enola, Pennsylvania. BEING Parcel No. 09-14-0835-044 PROPERTY ADDRESS: 17 SHARON ROAD, ENOLA, PA 17025-1824 PARCEL # 09-140-835-044 File #: 288919 VERIFICATION Florence Gomez, hereby states that /,she is Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff or mortgage servicing agent for plaintiff in this matter, that h /she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of h's/her information and belief. The undersigned understands that this statement is mad subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsification to authorities. DATE: _RbNOPI 1? ?N NAME: Kirkpatrick FILE #: 288919 I &- Nam e: Florence Gom Title: Vice President Loan Documentation 032-PA-V3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson t,?. Sheriff 0-1F 8M Jody S Smith l HE PPOTHUN T i- chief Deputy 2012 MAR -5 Pty 2: C, 7 Richard W Stewart solicitor CUMBERLAND COUNTY PENNSY! VAMIA US Bank National Association Case Number vs. Lynnette J. Kirkpatrick 2012-1180 SHERIFF'S RETURN OF SERVICE 03/01/2012 08:30 AM - Jason Vioral, Sergeant, who being duly sworn according to law, states that on March 1, 2012 at 0830 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Lynnette J. Kirkpatrick, by making known unto herself personally, at The Cumberland County Sheriff's Office, 1 Courthouse Square, Room 303, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. JASOA IOR DEPUTY SHERIFF COST: $43.00 March 02, 2012 S0144'dSWERS, (;Z RON R ANDERSON, SHERIFF Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 t ..,t US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CITIGRO2If6Rk11G1' LOAN TRUST, INC. 2 T 41. BACKED PASS-THROUGH SERIES 2006-HE3 Plaintiff vs LYNNETTE J. KIRKPATRICK A/K/A LYNETTE J. RHOADES Defendant PRAECIPE TO THE PROTHONOTARY: Attorney For Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No. 12-1180 X 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. Please mark the in rem judgment Satisfied and the action Discontinued and Ended. Date: PHEL AN IEG, LLP By: np J. Marle , Esq., Id. 312314 == 1047w_ PHS#288919 Attorneys laintiff;cci a- t"` Ca , r C-_ PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST, INC. 2006-HE3, ASSET-BACKED PASS-THROUGH CERTIFICATES SERIES 2006- HE3 Plaintiff vs LYNNETTE J. KIRKPATRICK A/K,/A LYNETTE J. RHOADES Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 124180 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: LYNNETTE J. KIRKPATRICK A/K/A LYNETTE J. RHOADES 17 SHARON ROAD ENOLA, PA 17025-1824 Date: 41-20 By: Andrew J. Marley, bsq., la. NO. 31L314 Attorney for Plaintiff