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Home My WebLink About12-5516 ~~.~~-QFF~CE r~r~ ry~~~ r r.,, ZOl2 .SEP - 6 ~ r~ Alai 10.4 2 r~~ LVq~lq TY PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. COURT OF COMMON PLEAS 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 CIVIL DIVISION Plaintiff TERM v. ~J~~O ~Ji~ NO. ~ a 5 VIRGINIA JENKS A/K/A VIRGINIA A. JENKS 6 POCONO DRIVE CUMBERLAND COUNTY MECHANICSBURG, PA 17055-5569 Defendant CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE C File#: 303372 9'~~~~~~ 4~ ~aas9~~ ~2~'.a?StS~o~Co ~ 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 303372 r _ _ i; n 1. Plaintiff is CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 2. The name(s) and last known address(es) of the Defendant(s) are: VIRGINIA JENKS A/K/A VIRGINIA A. JENKS 6 POCONO DRIVE MECHANICSBURG, PA 17055-5569 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/23/2006 VIRGINIA JENKS and JOHN JENKS made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Book 1971, Page 4420.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 03/01/2012 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 303372 _ _ _ _r__ _ ~ 6. The following amounts are due on the mortgage as of 07/02/2012: Principal Balance $126,934.09 Interest $3,327.34 02/01/2012 through 07/02/2012 Late Charges $168.68 Subtotal $130,430.11 Escrow Credit 480.38 TOTAL $129,949.73 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. JOHN JENKS A/K/A JOHN H. JENKS, JR was a co-record owner of the mortgaged premises as a tenant by the entirety. By virtue of JOHN JENKS A/K/A JOHN H. JENKS, JR's death on or about 03/20/2012, his ownership interest was automatically vested in the surviving tenant by the entirety. 10. Plaintiff hereby releases JOHN JENKS A/K/A JOHN H. JENKS, JR, from liability for the debt secured by the mortgage. File 303372 T.__ _ _ WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $129,949.73, 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: John el Kolesnik, Esquire rney for Plaintiff File 343372 _ _ LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land with the buildings and improvements thereon erected, situate in the Township of Upper Allen, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING at a point on the northern line of Pocono Drive at the eastern line of Lot No. 114 as shown on the hereinafter mentioned Plan of Lots; thence along the eastern line of Lot No. 114, North 19 degrees 59 minutes 50 seconds West 138.94 feet to a point; thence along other land now or formerly of Karl J. Raudensky, Jr. and May H. Raudensky, his wife, North 64 degrees 0 minutes East 85.47 feet to a point; thence along the western line of Lot No. 116 on said Plan, South 19 degrees 59 minutes 50 seconds East 147.88 feet to Pocono Drive; thence along the northern line of Pocono Drive South 70 degrees 0 minutes 30 seconds West 85 feet to the Place of BEGINNING. BEING Lot No. 115, Section G, Mt. Allen Heights, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 15, Page 23. Parcel # 42-28-2421-46 PROPERTY ADDRESS: 6 POCONO DRIVE, MECHA1~iICSBURG, PA 17055-5569 PARCEL # 42-28-2421-046 File 303372 _ _ , _ _ _ _ _ i, VERIFICATION Dan Fitzgerald, hereby states that he/she is employed as a Document Control Officer of, CITIMORTGAGE, INC., Plaintiff in this matter and is authorized to make this Verification. Thje 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. Name: Dan Fitzgerald DATE: 8/31 / 12 Title: Document Control Office#~ File#: 303372 Name: JENKS Attorney File No.: 303372 ` FORM 1 IN THE COURT OF COMMON PLEAS CITIMORTGAGE, INC. SB/M TO ABN AMRO OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE GROUP, INC. - Plaintifi~s) C ~ ~t -fl VIRGINIA JENKS A/K/A VIRGINIA A. JENKS c~nr t Defendant(s) 55) Civil -~CD ' <a ~ j~ NOTICE OF RESIDENTIAL MORTGAGE FORECLC~~~R~ DIVERSION PROGRAM ~ ~ You have been served with a forecloswe complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this forecloswe action, you may be ably to participate in acourt-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conferee e. First, within twenty (20) days of yow receipt of this notice, you must contact MidPenn Legal Services at (717) 243-900 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to yc~u. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. Dwing that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and yow le~al representative complete a fmancial worksheet in the format attached hereto, the legal representative will prepaze and ~ Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the forecloswe complaint. If you do so and a conciliation conference is scheduled, you will have, an opportunity to meet with a representative of yow lender in an attempt to work out reasonable arrangements with yow!, lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible fo# a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal I, representative. However, you must provide your lawyer with all requested financial information so that a loan resolu on proposal can be prepazed on yow behalf. If you and yow lawyer complete a financial worksheet in the format attache hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out ' reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS ' REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: ~.5~2 Date ohn Michael Kolesnik, Esquire Attorney for Plaintiff _ _ _ _T f.... _ -~F. r_ FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # i BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determi#~e possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes No Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ? No Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? Mailing Address: City: State• Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ? No ? If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile # 1: Model: Year: Amount owed: Value: Automobile #2: Model: Year: Amount owed: Value: Other tran_portatio~auto~r}obiles, boats motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Ezoenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mo a Food 2° Mort a Utilities Car Pa men s Condo/Nei h. Fees Auto Insurance Med. not covered Auto fuel/re airs Other ro . a ment Install. Loan Pa ment Cable TV Child Su rt/Alim. S ndin Mone Da /Child Care/Tuit. Other Ex nses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ? No ? If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: _ _ _ , r ~ Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ? No ? If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ? No ? If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: I/We, ,authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating ~y financial situation for possible mortgage options. I/We understand that Uwe am/are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter 6. Listing agreement (if property is currently on the market) PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. SB/M TO AB AMRO MORTGAGE GROUP, INC. Plaintiff vs. i :' .. Tie i4 Aif: < Ir OrT ?_4 AN 10: 20 -i'1 E LAND CQUNT F IINSYLVANIA N COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY VIRGINIA JENKS A/K/A VIRGINIA A. No. 12-5516-CIVIL JENKS Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. & SCHMIEG, LLP By: 23 Date: October, , 2012 /cjv, Svc Dept. File# 303372 Michael Kolesnik, Esq., Id. No.308877 nev for Plaintiff S O$A 0. C?# 1 au Il 3L ?.? a$a3?? SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~ ~ T _ Ronny R Anderson m ~~ ~ c ~-+ Sheriff z ~ ~, of ~~~~r~br ~ -c1 ~~~~~ ~~~~~~ ~~ .r- ~~, Jody S Smith ~ .. r---.~. -~-~~, Chief Deputy - ,-~ ~ ~ ~. ~ ~'~'~., Richard W Stewart p Solicitor ~~~k ~ rr 4^ ~~ ~ ~ t1'~ _~. Citimortgage, Inc Case Number vs. 2012-5516 Virginia A. Jenks SHERIFF'S RETURN OF SERVICE 10/24/2012 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: Virginia A. Jenks, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program according to law. 11/02/2012 The requested Complaint in Mortgage Foreclosure served by the Sheriff of York County upon Virginia A. Jenks, personally, at 3050 Old Trail Road, Trailer E16, York Haven, PA 17370. Richard Keuerleber, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.00 November 09, 2012 SO ANSWERS, /~/~ RON R ANDERSON, SHERIFF . Ceue;y5uite SLe!?ff, Tr~esoft. Ine SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber PETER J. MANGAN, ESQ. Sheriff Solicitor Reuben B Zeager Richard E Rice, II Chief Deputy, Operations Chief Deputy, Administration CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP; INC. Case Number vs. 12-5516 CIVIL VIRGINIA JENKS A/K/A VIRGINIAA. JENKS SHERIFF'S RETURN OF SERVICE 11/02/2012 11:17 AM -DEPUTY TODD STAHL, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE (GIMP) BY "PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: VIRGINIA JENKS A/K/A VIRGINIAA. JENKS AT 3050 OLD TRAIL ROAD, TRAILER E16, YORK HAVEN, PA 17370. O D STA L, DEPUTY SHERIFF COST $67.97 November 07, 2012 SO AN S, RICHA P KEU RL BER, SHERIFF COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sheila E. Cook, Notary Public Springettsbury Twp., York County My Commission Expires Feb. 1, 2013 Memberber; Pennsyhrania Associatian of Notaries ------------------------------------------------------------------------------------------------------------------------------------------- NOTARY Affirmed and subscribed to before me this ,~ 7TH day of NOVEMBER 2012 (c) CountySuite Sheriff, Teleosoft, Inc. r 0 C110f TA, Phelan Hallinan,LLP 2013 APR – I AM IO' 12 Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 CUMBERLAND GOUNP—( One Penn Center Plaza PENNSYLVANIA Philadelphia,PA 19103 215-563-7000 CITIMORTGAGE,INC. SB/M TO ABN AMRO Court of Common Pleas MORTGAGE GROUP,INC. Plaintiff Civil Division vs CUMBERLAND County VIRGINIA JENKS No. 12-5516-CIVIL A/K/A VIRGINIA A.JENKS Defendant PRAECIPE TO THE PROTHONOTARY: ❑ 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. ❑ Please Vacate the Judgment entered. Date: 0 PHELAN HALLINAN,LLP By: Meredith Wooters,Esq.,Id.No.307207 Attorney for Plaintiff PHS #303372 Phelan Hallinan,LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 CITIMORTGAGE, INC. S/B/M TO ABN AMRO Court of Common Pleas MORTGAGE GROUP, INC. Plaintiff Civil Division V. CUMBERLAND County VIRGINIA JENKS No. 12-5516-CIVIL A/K/A VIRGINIA A.JENKS Defendant PHS#303372 CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s)on the date listed below: VIRGINIA JENKS A/K/A VIRGINIA A. JENKS 3 050 OLD TRAIL RD TRLR E16 YORK HAVEN,PA 17370-9265 Date: PHELAN HALLINAN,LLP By- ka 'W Merlei Wooters, Esq.,"IdNo.307207 Attorney for Plaintiff