The URL can be used to link to this page

Home My WebLink About12-12041 F i L y iJ f Je"7 ?} fR? ?'=i ?+Stt??r N COUN i, IeENNS YLVANIA 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. SANDRA L. MILLER 1945 RITNER HIGHWAY SHIPPENSBURG, PA 17257-9759 Defendant 287206 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM ?aa y 6 ;)0( a - NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 287206 C1M? ? 103. ? S OK' l?c?ai7l L2j+ 9-,,SPY 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 #: 287206 1. Plaintiff is CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE OTALLON, MO 63368 2. The name and last known address of the Defendant are: SANDRA L. MILLER 1945 RITNER HIGHWAY SHIPPENSBURG, PA 17257-9759 who is the mortgagor and/or real owner of the property hereinafter described. 3. On 05/01/2001 SANDRA L. MILLER made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR HOWARD HANNA FINANCIAL SERVICES, INC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1702, Page No. 893. By Assignment of Mortgage recorded 07/01/2009 the mortgage was assigned to PLAINTIFF which Assignment is recorded at Assignment of Mortgage Instrument No. 200922546. 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 06/01/2011 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 #: 287206 6. The following amounts are due on the mortgage as of 12/31/2011: Principal Balance $34,355.60 Interest $1,371.89 05/01/2011 through 12/31/2011 Late Charges $113.89 Escrow Deficit 172.25 TOTAL $36,013.63 7. Plaintiff is not seeking a judgment of personal liability (or an in nersonam judgment) against the Defendant in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has 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 on the date set forth thereon. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant in the sum of $36,013.63, 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. By: Ucnaix, rsquire for Plaintiff File #: 287206 PHELAN HALLINAN & SCHMIEG, UP LEGAL DESCRIPTION ALL that certain concrete block house and lot of ground located in North Newton Township, Cumberland County, Pennsylvania, on the Carlisle-Chambersburg Turnpike, now U.S. Route 11, more particularly bounded and described as follows: BEGINNING at a point on the northwesterly right-of-way line of the Harrisburg-Carlisle and Chambersburg Turnpike, now U. S. Route 11, said point being North 53 degrees 30 minutes East a distance of 118.01 feet from the intersection of the northwesterly line of a foresaid turnpike and line of lands now or late of John Beattie: thence along lands now or late of D. K. Sterrett, North 36 degrees 21 minutes West a distance of 86.30 feet to an iron pin; thence by the same North 53 degrees 31 minutes East a distance of 118.42 feet to an iron pin; thence by the same, South 38 degrees 29 minutes East a distance of 86.30 feet to the northwesterly right-of-way line of the Harrisburg-Carlisle and Chambersburg Turnpike, now U.S. Rout 11; thence along said line, South 53 degrees 30 minutes West a distance of 121.66 feet to a point, the Place of BEGINNING. CONTAINING 0.199 Acres. HAVING thereon erected a concrete block house known and numbered as R. D. #1, Box 298, Shippensburg, PA 17257. Attorney File No.: 287206 BEING THE SAME PREMISES which Michael J. Thimgan and Barbara H. Thigman, his wife, by their deed dated December 3, 1985 and recorded December 3, 1985 in the Cumberland County Office of the Recorder of Deeds in Deed Book P, Volume 31, Page 1082 granted and conveyed to Sandra L. Miller, single woman. PROPERTY ADDRESS: 1945 RITNER HIGHWAY, SHIPPENSBURG, PA 17257-9759 PARCEL # 30-11-0304-005A Attorney File No.: 287206 VERIFICATION Document Control Officer Dan Fitzgerald , hereby states that he/she is of, CITIMORTGAGE, INC., Plaintiff in this matter and 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 and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. '2- 3 DATE: Name: Dan Fitzgerald Title: Docurlent Control Officer File#: 287206 Name: MILLER Attorney File No.: 287206 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ;L Sheriff - R .0 T H - Jody S Smith Chief Deputy 21112 MAR 16 A?? ? ` Richard W Stewart Solicitor ? = PENNSYLVANIA Citimortgage, Inc Case Number vs. Sandra L. Miller 2012-1204 SHERIFF'S RETURN OF SERVICE 03/08/2012 07:21 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 8, 2012 at 1921 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Sandra L. Miller, by making known unto Steven King, Son of Defendant at 1945 Ritner Highway, Shippen' burg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to him personally the said true and correct copy of the same. MICHAEL BARRI , DE TY SHERIFF COST: $48.00 March 12, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Attorney For Plaintiff ? ? ?'*OT1-1?31 J n Y r? rry+ ' One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 20J? jwPR -li _t1li 9. 59 CITIMORTGAGE, INq MBERLAND GU to' urt of Common Pleas Plaintiff PENNSYLV . I Civil Division vs SANDRA L. MILLER : CUMBERLAND County Defendant I : I No. 2012-1204 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 marlf the in rem judgment Satisfied and the action Discontinued and Ended. Date: P LAN H LiNAN & S MIEG, 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 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 30891 PHS4 287206 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 SANDRA L. MILLER Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 2012-1204 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: SANDRA L. MILLER 1945 RITNER HIGHWAY SHIPPENSBURG, PA 17257-9759 Date: By: ?-- Lawrence T. Phelan. Esq., Id. No. 32227 Francis S. Hallman, 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 Jcnine 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 Nlelissa.l. Cantwell, Esq., Id. No. 308911 Attorney for Plaintiff