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Home My WebLink About13-4650 Supreme Court of Pennsylvania r- Court o Comma. Pleas � �� For Prothonotary Use Only: GivilICovef,Sheet CAVE%SAN County Docket No: IV- U3 - 450 ll)11- The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. S Commencement of Action: Complaint ❑ Writ of Summons ❑Petition E ❑Transfer from Another Jurisdiction ❑Declaration of Taking C Lead Plaintiff s Name: CITIMORTGAGE,INC. Lead Defendant's Name: JOELLE R.GROSS A/K/A JOELLE R. T MIXELL I Are money damages requested? ❑ Yes ❑ No Dollar Amount Requested: El within arbitration limits U (Check one) outside arbitration limits N Is this a Class Action Suit? ❑ Yes ❑x No Is this an MDJ Appeal? ❑ Yes Z No A Name of Plaintiff/Appellant's Attorney: Melissa J.Cantwell,Esq.,Id.No.308912,Phelan Hallinan,LLP ❑ Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE.If you are making more than one type of claim, check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS •Intentional ❑Buyer Plaintiff Administrative Agencies •Malicious Prosecution ❑Debt Collection: Credit Card ❑Board of Assessment •Motor Vehicle ❑Debt Collection: Other ❑Board of Elections •Nuisance ❑Dept. of Transportation •Premises Liability ❑ Statutory Appeal: Other • Product Liability(does not S include mass tort) ❑Employment Dispute: • Slander/Libel/Defamation Discrimination E ❑Other: ❑Employment Dispute: Other ❑Zoning Board C ❑ Other: T I MASS TORT ❑ Other: U ❑Asbestos N ❑ Tobacco ❑Toxic Tort-DES •Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS •Toxic Waste ❑Ejectment ❑ Common Law/Statutory Arbitration B ❑Other: ❑Eminent Domain/Condemnation ❑ Declaratory Judgment ❑Ground Rent ❑Mandamus ❑Landlord/Tenant Dispute ❑Non-Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑Dental ❑Partition ❑Replevin ❑Legal ❑Quiet Title ❑ Other: ❑Other: El Medical ❑Other Professional: Pa.R.C.P. 205.5 Updated 01/01/2011 , 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#: 818264 r} m� m M t-. C. PHELAN HALLINAN,LLP Melissa J.Cantwell,Esq.,Id.No.308912 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia,PA 19103 Melissa.Cantwell@phelanhallinan.com 215-563-7000 CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE COURT OF COMMON PLEAS OTALLON, MO 63368 CIVIL DIVISION Plaintiff V. TERM JOELLE R. GROSS A/K/A JOELLE R.MELL NO. IX 13 JOHN R. MIXELL,JR 1870 LAMBS GAP ROAD CUMBERLAND COUNTY MECHANICSBURG,PA 17050-1615 Defendants CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE File#: 818264 1. Plaintiff is CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 2. The name(s) and last known address(es) of the Defendant(s) are: JOELLE R. GROSS A/K/A JOELLE R.MIXELL JOHN R.MIXELL,JR 1870 LAMBS GAP ROAD MECHANICSBURG, PA 17050-1615 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/30/2001 JOELLE R. GROSS and JOHN R. MIXELL, JR made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR IRWIN MORTGAGE CORPORATION DBA IFC MORTGAGE CORPORATION, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1741, Page 2590. By Assignment of Mortgage recorded 04/15/2013 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment of Mortgage Instrument No. 201311900.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 10/01/2012 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 File#: 818264 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage as of 06/13/2013: Principal Balance $65,257.03 Interest $3,576.21 09/01/2012 through 06/13/2013 Late Charges $309.72 Escrow Deficit $473.51 TOTAL $69,616.47 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, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, 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, and the temporary stay as provided by said notice has terminated because Defendant(s)has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File#: 818264 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s)in the sum of $69,616.47, 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,LLP By: -L2�--= - Melissa J. Cantwell,Esq., Id. No.308912 Attorney for Plaintiff File#: 818264 LEGAL DESCRIPTION All THAT CERTAIN tract of land situate on the northerly side of the Hogestown Road, Pennsylvania, Route 114, in the Township of Silver Spring, County of Cumberland, and Commonwealth of Pennsylvania, as follows, to wit: BEGINNING at an iron pin located approximately six hundred forty-nine (649)feet,plus or minus, from the centerline of that road designated T-586, as shown in the hereinafter mentioned Plan of Lots; thence by lands now or formerly of Dale R. Feister and Patricia J. Feister, his wife, North thirty-five (35) degrees forty-five(45) minutes East, two hundred eighty-nine and seventy- five hundredths (289.75) feet to an iron pin, as shown in the hereinafter mentioned Plan of Lots; thence along line of lands designated as Parcel B and Lot Number 1-A, South fifty-five (55) degrees East, two hundred (200) feet to an iron pin on the line of lands now or formerly of Orval Wise, as shown in the hereinafter mentioned Plan of Lots; thence along said lands now or formerly of Orval Wise, South thirty-five (35) degrees forty-five(45) minutes West, two hundred eighty-nine and seventy-five hundredths (289.75) feet to an iron pin on the right-of-way line as shown in the hereinafter mentioned Plan of Lots; thence along said right-of-way line, North fifty- five(55) degrees West, two hundred (200)feet to an iron pin aforesaid located approximately six hundred forty-nine(649) feet, plus or minus, from the centerline of that road designated T-586, the Place of BEGINNING. BEING Lot Number 1-B in the Final Subdivision Plan for Frank H. Walters, dated June 25, 1981, and recorded in the Recorder's Office in and for Cumberland County, Pennsylvania, in Plan Book 40, Page 69, and containing 1.330 acres, said Plan being a re-subdivision of Lot 1 as File#: 818264 shown on a previous plan of Frank H. Walters and Dale R. Feister, recorded in the Recorder's Office aforesaid,in Plan Book 30, Page 127. HAVING thereon erected a dwelling house and garage. The above described premises are subject to, and this conveyance shall be made subject to, a right of access, ingress, egress, and regress to other lots formerly conveyed by Frank H. Walters and Mildred E.Walters, his wife, which are shown in the aforementioned plan recorded in the aforementioned Recorder's Office in Plan Book 30,Page 127. The right of access, ingress, egress, and regress is in the form of a twelve(12)foot wide private drive at the Easterly side of Lot 1-B. Such rights of use are all for the benefit of and appurtenant to such other lands and shall run with such other lands and shall extend to buyers of such other lands, their administrators, heirs, successors, and assigns. The above-described premises are also subject to a proposed twenty-five (25)feet access and utility easement in favor of Silver Spring Township as is shown in the aforementioned Plan recorded in the aforementioned Recorder's Office in Plan Book 40, Page 69. UNDER AND SUBJECT to an'agreement recorded in Deed Book 301, Page 661 in and for the Recorder of Deeds Office in and for Cumberland County, Pennsylvania. PROPERTY ADDRESS: 214 HOGESTOWN ROAD,MECHANICSBURG,PA 17050- 3118 PARCEL#38-21-0289-007. File#: 818264 VERIFICATION Connie Schwindt, hereby states that he/she is employed as a Vice President-Document Control of CitiMortgage, Inc., the 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. Name: Connie Schwindt DATE: �' _ 02 J Title:Vice President- Document Control File#: 818264 Name: GROSS PA—Verification 1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff r!LED-0 rr'F.VE 01'- 11-HE PROTHONQTARY Jody S Smith rf#4, Chief Deputy 2013 AUG 28 AH 10: 3 7, Richard W Stewart Solicitor OFFS r OF 7F-E SHERIFF CUMBERLAND COUNTY' PENNSYLVANIA Citimortgage Inc. VS. Case Number Joelle R. Gross(et al.) 2013-4650 SHERIFF'S RETURN OF SERVICE 08/19/2013 08:15 PM-Deputy Shawn Harrison, being duly sworn according to law, served the nested Complaint in Mortgage Foreclosure by"personally" handing a true copy to a person r )rese 'fing themselves to be the Defendant,to wit: Joelle R. Gross at 1870 Lambs Gap Road, Hamp n ship, echanicsburg, PA 17050. SH HANU;jdn, DEPUTY 08/22/2013 03:59 PM- Deputy Ryan Burgett, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by"personally"handing a true copy to a person representing themselves to be the Defendant, to wit: John Mixell, Jr. at 214 Hogestown Road, Silver Spring Township, Mechanicsburg, PA 17050. ------------- RYi;BURGETT, DEPUTY SHERIFF COST: $66.60 SO ANSWERS, x Z2�� August 23, 2013 RbNW R SHERIFF (C)COUMYSOO Sheriff_Tcleoscft,Inc, 11y 4.t 11 l , (J t 2014 FEB CUMBERLAND Cout j Y PENNSYLVANIA Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 CITIMORTGAGE,INC. • Court of Common Pleas Plaintiff • Civil Division v. CUMBERLAND County JOELLE R.GROSS AJK/A JOELLE R.MIXELL No. 13-4650-CIVIL TERM JOHN R.MIXELL,JR • Defendant(s) PRAECIPE TO THE PROTHONOTARY: ® Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. n Please mark the above referenced case Settled, Discontinued and Ended. n Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. n Please mark the in rem judgment Satisfied and the action Discontinued and Ended. Please Vac,to t - Judgment entered. Date: /1 Al PHE AN HALLI •N,LLP By: / Joseph .D-.. aye, sq.,Id. No.200479 Attorney for Plaintiff PH#818264 a Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 CITIMORTGAGE,INC. • Court of Common Pleas Plaintiff • Civil Division v. CUMBERLAND County JOELLE R.GROSS A/K/A JOELLE R.MIXELL No.13-4650-CIVIL TERM JOHN R.MIXELL,JR Defendant(s) 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: JOELLE R. GROSS A/K/A JOELLE R. MIXELL 1870 LAMBS GAP ROAD MECHANICSBURG,PA 17050-1615 JOHN R.MIXELL, JR 214 HOGESTOWN •OAD MECHANI B R ,PA 17050-3118 Date: i� A PH LAN A I LINAN, L • By: t Josep' .trssoye,Esq.,Id. No.200479 Attorney for Plaintiff