HomeMy WebLinkAbout14-6215 .Supreme Court-of Pennsylvania
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Cour, ic qMW leas For Prothonotary Use Only:
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Cluki County Docket No:
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The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace thefilin&and service ofple!a�ns or other papers as required-by law or rules of court.
Commencement of Action:
S Ox Complaint 0 Writ of Summons 0 Petition
E 0 Transfer from Another Jurisdiction 0 Declaration of Taking
C Lead Plaintiff's Name: CITIMORTGAGE,INC., Lead Defendant's Name: RICKY L.KILLIAN
SUCCESSOR BY MERGER TO ABN AMRO
T MORTGAGE GROUP,INC.
I Dollar Amount Requested: ❑within arbitration limits
0 Are money damages requested? F1 Yes R4 No (Check one) outside arbitration limits
N Is this a Class Action Suit? El Yes 9 No Is this an MDJ Appeal? ❑ Yes Z No
A Name of Plaintiff/Appellant's Attorney: Michael Dingerdissen,Esq., Id.No.317124,Phelan Hallinan,LL
OCheck here if you have no attorney(are a Self-Represented [Pro Sel 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 Moss Tort) CONTRACT(do not include Judgments) CIVIL APPEALS
0 Intentional 0 Buyer Plaintiff Administrative Agencies
0 Malicious Prosecution 0 Debt Collection:Credit Card 0 Board of Assessment
•Motor Vehicle 0 Debt Collection:Other 0 Board of Elections
•Nuisance 0 Dept.of Transportation
•Premises Liability 0 Statutory Appeal:Other
0 Product Liability(does not include
S mass tort) 0 Employment Dispute:
E 0 Slander/Libel/Defamation Discrimination
0 Other: 0 Employment Dispute:Other 0 Zoning Board
C 0 Other:
T
1 0 Other:
MASS
0 Asbestos
N 0 Tobacco
0 Toxic Tort-DES
•Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
•Toxic Waste 0 Ejectment 0 Common Law/Statutory Arbitration
B 0 Other: 0 Eminent Domain/Condemnation 0 Declaratory Judgment
0 Ground Rent 0 Mandamus
0 Landlord/Tenant Dispute 0 Non-Domestic Relations
Mortgage Foreclosure:Residential Restraining Order
❑Mortgage Foreclosure:Commercial 0 Quo Warranto
PROFESSIONAL LIABILITY 0 Partition 0 Replevin
0 Dental 0 Quiet Title 0 Other:
0 Legal 0 Other:
0 Medical
0 Other Professional:
Pa.R.CP.205.5 Updated 01101120
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PHELAN HALLINAN,LLP
Michael Dingerdissen,Esq.,Id.No.317124
1617 JFK Boulevard,Suite 1400 ATTORNEY FOR PLAINTIFF
One Penn Center Plaza
Philadelphia,PA 19103
.Michael.Dingerdissen@phelanhallinan.com
215-563-7000
CITIMORTGAGE,INC., SUCCESSOR BY MERGER
TO ABN AMRO MORTGAGE GROUP, INC. COURT OF COMMON PLEAS
1000 TECHNOLOGY DRIVE CIVIL DIVISION
O'FALLON,MO 63368
Plaintiff TERM
V. NO.
RICKY L. KILLIAN
408 MCCULLOCH ROAD CUMBERLAND COUNTY
SHIPPENSBURG,PA 17257-9427
KARLA J.KILLIAN
408 MCCULLOCH ROAD
SHIPPENSBURG,PA 17257-9427
Defendants
CIVIL ACTION -LAW
COMPLAINT IN MORTGAGE FORECLOSURE
�
9) 5
File#: 777312 C
�� 3las �-
1. Plaintiff is
CITIMORTGAGE,INC., SUCCESSOR BY MERGER 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:
RICKY L. KILLIAN
408 MCCULLOCH ROAD
SHIPPENSBURG,PA 17257-9427
KARLA J.KILLIAN
408 MCCULLOCH ROAD
SHIPPENSBURG,PA 17257-9427
who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 12/13/2002 RICKY L.KILLIAN and KARLA J. KILLIAN made, executed and
delivered a mortgage upon the premises hereinafter described to FIRST CENTRAL
MORTGAGE, which mortgage is recorded in the Office of the Recorder of Deeds of
Franklin County,in Mortgage Book 2035,Page 358. Said Mortgage was re-recorded in
Mortgage Instrument Number 201325789 in Cumberland County.By Assignment of
Mortgage recorded 08/02/2013 the mortgage was assigned to PLAINTIFF, which
Assignment is recorded in Assignment of Mortgage Document ID 201325790.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.
File#: 777312
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 07/01/2011 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.
6. The following amounts are due on the mortgage as of 09/11/2014:
Principal Balance $53,046.99
Interest $9,127.42
06/01/2011 through 09/11/2014
Accumulated Late Charge Balance $0.00
Property Inspections $283.50
Escrow Advance Balance $10,124.85
Subtotal $72,582.76
Less Unapplied Funds ($1,295.04)
TOTAL $71,287.72
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
File#: 777312
the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied
assistance by the Pennsylvania Housing Finance Agency.
9. Notice of the Homeowner's Emergency Mortgage Assistance Program,Act 91 of 1983,is
not required as the mortgagors are more than 24 months in arrears on the mortgage.
WHEREFORE,Plaintiff demands an in rem judgment against the Defendant(s)in the sum of
$71,287.72,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:
Michael Dingerdissen,Esq.,Id.No.317124
Attorney for Plaintiff
File#: 777312
LEGAL DESCRIPTION
Corrected Legal Descrlptron
All that certain prosy situated in the Township of
Southampton, in the County of Cumberland andthe
Commonwealth of Pennsylvania being described as follows:
Tax Panel:39L-14-0171- <0'70
BEGINNING at a railroad spike set in the centerline of
Legislative Roue No. L.R. 21 (McCulloch Road) at line
of lands now or formerly of Randy L. Cover and Donna L.
Cover; thence along lands now or formerly of Dandy L.
Cover and Donna 1.. Cover, South 35 degrees East, 4001.00
feet to an iron pin;thence along lands of the same, South 51
degrees 30 minutes 10 seconds West 160..49 feet to an iron
pin:at line of lands now or formerly of Donald Neefnerr,North
40 degrees West, 175 feet to an existing iron pin; o nce-
along lands of the same, North '16 degreas 26 minutes West;
212,17 feet to an existing railroad spike in the centerlins of
Legislative Route No. L.R. 2100 (McCulloch Road);thence,
in the centerline of said road, North 37 degrees 21 minutes
Wit, 113.22 feet to the place of BEGINNING. Containing
1.3503 acres, more or less, according to ft draft of survey
of John R. Wsslinger, R.S., dated April 12, 1£1«S8 and
recorded on February 6, 1989 in Plan Book 57 at Wage 65,
Being Lot. No. 1 thereon.
Being the same property which Randy L.Cover and Donna F. Cover,husband and wife,
conveyed to Ricky t.. Killian and Karla Jo. Killian by dpi dated July 1, 1994 and
recorded August 4, 1994 in the Office of the Recorder of Deeds In and for Cumberland
County, Pennsylvania at Deed Book 109, Page 796.
PROPERTY ADDRESS: 408 MCCULLOCH ROAD,SHIPPENSBURG,PA 17257-9427
PARCEL#39-14-0171-070
File#: 777312
VERIFICATION
�1061ereby states that he/(6 is
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. AFFIAN
By:
Printed name:
Title: Vice President—Document Control►
Employed by CitiMortgage,Inc.
Plaintiff: CI TIMORTGAGE, INC.,
SUCCESSOR BY MERGER TO ABN
AMRO MORTGAGE GROUP,INC.
Date: A ��—
File#: 777312
Name: KILLIAN
Attorney File No.: 777312
IN THE COURT OF COMMON
PLEAS
Plaintiff(s) OF CUMBERLAND COUNTY,
CITIMORTGAGE, INC.,.SUCCESSOR BY MERGER TO ABN PENNSTLVANIA
AMRO MORTGAGE GROUP,INC.
vs. /I �
RICKY L.KILLIAN
KARLA J.KILLIAN Defendant(s) �E' Civil
NOTICE OF RESIDENTIAL MORTGAGE
FORECLOSURE DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential property which is the subject of this foreclosure action,you
may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter
with your lender.
If you do not have an attorney,you must take the following steps to be eligible for a
conciliation conference. First,within twenty(20)days of your receipt of this notice,you must contact
MidPenn Legal Services at(717)243-9400 extension 2510 or(800)822-5288 extension 2510 and request
appointment of a legal representative at not charge to you.Once you have been appointed a legal
representative,you must promptly meet with the legal representative within twenty(20)days of the
appointment date.During that meeting,you must provide the legal representative with all the requested
financial information so that a loan resolution proposal can be prepared on your behalf. If you and your
legal representative complete a financial worksheet in the format attached hereto,the legal representative
will prepare and file a 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 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 attempt to work out a reasonable arrangements with your 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 for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for
the appointment of a legal representative. However,you must provide your lawyer with all the requested
financial information so that a loan resolution proposal can be prepared on your behalf. If you and your
lawyer complete a financial worksheet in the format attached hereto,your lawyer will prepare and file a
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 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
our reasonable arrangements 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: c"z -,
Date Signature of o sel for Plaintiff {�.
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Please Docket#
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance, your lender must consider your
circumstances to determine possible options while working with your
Please provide the following information to the best of your knowledge:
CUSTOM Ell/111111MA 11Y APPLICANT
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?
FINANCIAL INFORMATION
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 transportation (automobiles boats motorcycles): Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
1.
2.
3.
Additional Income Description (not wages):
1• monthly amount:
2• monthly amount:
Borrower Pay Days: Co-Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
2" Mortgage Utilities
Car Payment(s) Condo/Neigh. Fees
Auto Insurance Med. (not covered)
Auto fuel/repairs Other prop. payment
Install. Loan Payment Cable TV
Child Support/Alim. Spending Money
Day/Child Care/Tuit. Other Expenses
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:
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 you know, regarding your lender or lender's
loan servicing company:
Lender's Contact (Name): Phone:
Servicing Company(Name):
Contact: Phone:
' 1
AUTHORIZATION
I/We,
authorize the above
named to use/refer this information to my lender/servicer for the
sole purpose of evaluating my financial situation for possible mortgage options. I/We
understand that I/we am/are under no obligation to use the services provided by the above
named
Borrower Signature Date
Co-Borrower Signature Date
Please forward this page along with the following information to lender:
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)
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 ager 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
32 SOUTH BEDFORD STREET
CARLISLE,PA 17013
(717)249-3166
(800)990-9108
File#: 777312
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
R _ .
Sheriff r, f f H E p ROI H O O ! M \,,1.
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
'eKrl
O,FFF SHE SHERIFF
2.0U4 HON -3 PM 3:56
C! TY
PENNSYLV A
Citimortgage, Inc. Successor by Merger to ABN AMRO Mortgage Group, Inc
vs.
Ricky L Killian (et al.)
Case Number
2014-6215
SHERIFF'S RETURN OF SERVICE
10/27/2014 07:39 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by
"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Karla J
Killian at 408 McCulloch Road, Southampton Twp., Shippensburg, PA 17257.
JAgON KINSLER, DEPUTY
10/27/2014 07:39 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by
"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Ricky L
Killian at 408 McCulloch Road, Southampton Twp, Shippensburg, PA 17257.
JAON KINSLER, DEPUTY
SHERIFF COST: $66.60 SO ANSWERS,
October 28, 2014 RONR ANDERSON, SHERIFF
(c) CaunlySuite Sheriff: Teleoscft inc.
ui= H E ::JTHJN l iAt
PHELAN HALLINAN, LLP [C i y DEC -8 flpi 9: 3 84ttorney for Plaintiff
PETER WAPNER, Esq., Id. No.318263
1617 JFK Boulevard, Suite 1400 CUMBERLAND D COUN Y
One Penn Center Plaza P 1 m `)'I LVA iN I A
Philadelphia, PA 19103
peter.wapner@phelanhallinan.com
215-563-7000
CITIMORTGAGE, INC., SUCCESSOR : CUMBERLAND COUNTY
BY MERGER TO ABN AMR()
MORTGAGE GROUP, INC. : COURT OF COMMON PLEAS
vs. : CIVIL DIVISION
RICKY L. KILLIAN : No. 14 -6215 -CIVIL
KARLA J. KILLIAN
PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against RICKY L. KILLIAN and
KARLA J. KILLIAN, Defendants for failure to file an Answer to Plaintiff's Complaint within
20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess
Plaintiff's damages as follows:
As set forth in Complaint
TOTAL
$71,287.72
$71,287.72
I hereby certify that (1) the Defendants' last known address is 408 MCCULLOCH
ROAD, SHIPPENSBURG, PA 17257-9427, and (2) that notice has been given in accordance
with Rule Pa.R.C.P 237.1.
(2[,</f,
Date
PETER WAPNER, Esq., Id.
No.318263
Attorney kgr Plaintiff
DAMAGES AREEREBY ASSESSED AS INDICATED.
DATE:
PH # 777312
PROTHONOTARY
Pia
77731
C * /L?fy"
yoke /k42# f/S``11
PHELAN HALLINAN, LLP
PETER WAPNER, Esq., Id. No.318263
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
peter.wapner@phelanhallinan.com
215-563-7000
CITIMORTGAGE, INC., SUCCESSOR
BY MERGER TO ABN AMRO
MORTGAGE GROUP, INC.
vs.
RICKY L. KILLIAN
KARLA J. KILLIAN
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
No. 14 -6215 -CIVIL
AFFIDAVIT OF NON-MILITARY SERVICE
The undersigned attorney hereby verifies that he/she is the attorney for the
Plaintiff in the above -captioned matter, and that on information and belief, he/she has knowledge
of the following facts, to wit:
(a) that the defendants RICKY L. KILLIAN and KARLA J. KILLIAN are not in
the Military or Naval Service of the United States or its Allies, or otherwise within the provisions
of the Servicemembers Civil Relief Act, as amended.
(b) that defendant RICKY L. KILLIAN is over 18 years of age and resides at 408
MCCULLOCH ROAD, SHIPPENSBURG,PA 17257-9427.
(c) that defendant KARLA J. KILLIAN is over 18 years of age and resides at 408
MCCULLOCH ROAD, SHIPPENSBURG, PA 17257-9427.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
Date
Phelan Hallinan, LLP
PETER WAPNER, Esq., Id. No.318263
Attorney for Plaintiff
PHELAN HALLINAN, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza, Philadelphia, PA 19103
215-563-7000
777312
Department of Defense Manpower Data Center
Status Report
Pmt to Sevicembers Civil Relief Act
Last Name: KILLIAN
First Name: RICKY
Middle Name: L
Active Duty Status As Of: Dec -05-2014
Results as of : Dec -05-2014 12:06:12 AM
SCRA 3.0
On Active Duty On Active Duty Status Date
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
NA ,F-'�t?v \:%,: '-;;-
"+. '. s' NoN,
NA
This response
This response reflects the individuals' otive duty status based on the Active Duty Status Date
l L``
rr
Left Active Duty Within 367 Da s of Active Duty Status Date
Active Duty Start Date
Ajctive Duty End Date
I Statusy
Service Component
NA
3,57;-_.=-6,
it. ,NAN..-'',.•"t t
`
.".7 -No .'� '.7
1 't: st'
eZ,.. V.'""..'
NA
This response
reflects where the individual left active duty status within 367 dayyspreceding the Active Duty Status Date
T't
The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date
Order Notification Start Date
Order Notification End Date
Status
Service Component
NA
_ �s+
4: , NA `'N. \N ..
r
. 4.r., r%
o ` v /s'
NA
This
response reflects whether the individual or his/her unit has received early notification to report for active duty
Upon searching the data banks of the Department of Defense Manp`wer Data Center,, based' on the information that you provided, the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
Mary M. Snavely -Dixon, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Arlington, VA 22350
CITIMORTGAGE, INC., SUCCESSOR BY • • ..
MERGER TO ABN AMRQ MORTGAGE GROUP, `
INC.
v.
RICKY L. KILLIAN
KARLA J. KILLIAN
Plaintiff '
Defendant(s)
TO: RICKY L. KILLIAN
408 MCCULLOCH ROAD
SHIPPENSBURG, PA 17257-9427
DATE OF NOTICE: f 1
V/
COURT OF. COMMON PLEAS
CIVIL DIVISION
NO. 14 -6215 -CIVIL
CUMBERLAND COUNTY
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE
IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO
HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT
PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST
PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY A 11 ORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN DAYS FROM THE DA 1'h OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS.
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.
Office of the Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
(717) 240-6195
PH # 777312
CUMBERLAND COUNTY BAR
ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
By:
PETER WAPNER, Esq
Attorney for Plaintiff
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
d. No.318263
,CITIMORTGAGE, INC.; SUCCESSOR BY • .
MERGER TO ABN AMRO MORTGAGE GROUP,
INC.
v.
RICKY L. KILLIAN
KARLA J. KILLIAN
TO:
COURT OF COMMON PLEAS
CIVIL DIVISION
Plaintiff NO. 14 -6215 -CIVIL
Defendant(s)
KARLA J. KILLIAN
408 MCCULLOCH ROAD
SHIPPENSBURG, PA 17257-9427
(75(
DATE OF NOTICE:..
CUMBERLAND COUNTY
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE
IS SENT TO YOU IN AN A I I EMPT TO COLLECT THE INDEBTEDNESS REFERRED TO
HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT
PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST
PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY AIIORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT. A HEARING AND YOU MAY .LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS.
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 FEB OR NO FEE.
Office of the Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
(717) 240-6195
PH # 777312
CUMBERLAND COUNTY BAR
ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
Byz.,
PETER WAPNER, Esq., Id. No.3 8263
Attorney for Plaintiff
- Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza.
Philadelphia, PA 19103
(Rule of Civil Procedure No. 236) - Revised
CITIMORTGAGE, INC., SUCCESSOR BY : CUMBERLAND COUNTY
MERGER TO ABN AMR() MORTGAGE .
GROUP, INC. : COURT OF COMMON PLEAS
vs.
: CIVIL DIVISION
RICKY L. KILLIAN
KARLA J. KILLIAN
against you on
: No. 14 -6215 -CIVIL
Notice is given that a -Judgment in the above captioned matter has been entered
By: T
If you have any questions concerning this matter please contact:
Phelan Hallinan, LLP
PETER WAPNER, Esq., Id. No.318263
Attorney for Plaintiff
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
** THIS FIRM ISA DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU
HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND
SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT
ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.**
777312
PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE)
P.R.C.P. 3180-3183
CitiMortgage, Inc., Successor by Merger to Abn Amro Mortgage Group, Inc. COURT OF COMMON PLEAS
Plaintiff
CIVIL DIVISION
v.
NO.: 14 -6215 -CIVIL
Ricky L. Killian
Karla J. Killian
Defendant(s)
To the Prothonotary:
Issue writ of execution in the above matter:
Amount Due
CUMBERLAND COUNTY
$71,287.72
Interest from 12/09/2014 to Date of Sale $2,074.44
($11.72 per diem)
TOTAL $73,362.16
Note: Please attach description of property.
PH # 777312
zky
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Phelan Hallinan, LLP
Adam H. Davis, Esq., Id, No.203034
Attorney for Plaintiff
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LEGAL DESCRIPTION
ALL that certain tract of land situate in Southampton Township, Cumberland County,
Pennsylvania, bounded and described as follows:
BEGINNING at an iron pin at Right of Way 'A' on the hereinafter said draft of survey;
thence along Right of Way 'A', South 51 degrees 38 minutes 02 seconds East, 125.16 feet to a set
iron pin at corner of Lot 4 on the hereinafter draft of survey; thence along Lot 4, South 51
degrees 47 minutes 24 seconds West, 43.22 feet to a point at line of land now or formerly of
Ricky L. Killian, et ux; thence along lands now or formerly of Ricky L. Killian, North 35
degrees West, 172.44 feet to the place of BEGINNING.
CONTAINING , more or less, according to the draft of survey of John R. Kissinger, R.S.,
dated June 16, 1994 and being Lot lA thereon.
TITLE TO SAID PREMISES IS VESTED IN Ricky L. Killian and Karla J. Killian, hlw, by
Deed from Randy L. Cover and Donna F. Cover, h/w, dated 06/24/1996, recorded 06/28/1996 in
Book 141, Page 912.
PREMISES BEING: 408 Mcculloch Road, Shippensburg, PA 17257-9427
PARCEL NO. 39-14-0171-070
PHELAN HALLINAN, LLP
Adam H. Davis, Esq., Id. No.203034
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Adam.Davis@PhelanHallinan.com
215-563-7000
Attorneys for Plaintiff
CitiMortgage, Inc., Successor by Merger to Abn Amro Mortgage : COURT OF COMMON PLEAS
Group, Inc.
Plaintiff : CIVIL DIVISION
v. : NO.: 14 -6215 -CIVIL
Ricky L. Killian
Karla J. Killian
Defendant(s)
CERTIFICATION
: CUMBERLAND County
The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned
matter and that the premises are not subject to the provisions of Act 91 because:
( ) the mortgage is an FHA Mortgage
( ) the premises is non -owner occupied
( ) the premises is vacant
( X ) Act 91 procedures have been fulfilled
( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943
This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to
authorities.
By
Phelan Hallinan, LLP
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
CitiMortgage, Inc., Successor by Merger to Abn Amro COURT OF COMMON PLEAS
Mortgage Group, Inc.
Plaintiff CIVIL DIVISION
rvr NO.: 14 -6215 -CIVIL
Ricky L. Killian
Karla J. Killian
Defendant(s)
CUMBERLAND COUNTY
AFFIDAVIT PURSUANT TO RULE 3129.1
CitiMortgage, Inc., Successor by Merger to Abn Amro Mortgage Group, Inc., Plaintiff in the above action, by the
undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the
real property located at 408 Mcculloch Road, Shippensburg, PA 17257-9427.
1. Name and address of Owner(s) or reputed Owner(s):
Name Address (if address cannot be reasonably ascertained,
please so indicate)
Ricky L. Killian 408 Mcculloch Road
Shippensburg, PA 17257-9427
Karla J. Killian 408 Mcculloch Road
Shippensburg, PA 17257-9427
2. Name and address of Defendant(s) in the judgment:
Name Address (if address cannot be reasonably
ascertained, please so indicate)
Ricky L. Killian 408 Mcculloch Road
Shippensburg, PA 17257-9427
Karla J. Killian 408 Mcculloch Road
Shippensburg, PA 17257-9427
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold:
Name Address (if address cannot be
reasonably ascertained, please indicate)
Security Title Guarantee Corporation 6 South Calvert Street
Baltimore, MD 21202
Security Title Guarantee Corporation 2131 Market st
C/O Bryan Shook, Esquire Camp Hill, PA 17011
4. Name and address of last recorded holder of every mortgage of record:
Name Address (if address cannot be
reasonably ascertained, please indicate)
Manufactures and Traders Trust Company One M&T Plaza
Buffalo, NY 14240
Manufactures and Traders Trust Company One Foundation Plaza - 4th Floor
Buffalo, NY 14203
PH # 777312
5. Name and address of every other person who has any record lien on the property:
Name Address (if address cannot be
reasonably ascertained, please indicate)
6.
None.
Name and address of every other person who has any record interest in the property and whose interest may be affected by the
sale.
Name Address (if address cannot be
reasonably ascertained, please indicate)
None.
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may
be affected by the sale:
Name Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant
Commonwealth of Pennsylvania Bureau of
Individual Taxes Inheritance Tax Division
Department of Public Welfare, TPL Casualty
Unit, Estate Recovery Program
Domestic Relations of
Cumberland County
Commonwealth of Pennsylvania
Department of Welfare
Internal Revenue Service Advisory
U.S. Department of Justice
U.S. Attorney for The Middle District of PA
Federal Building
408 Mcculloch Road
Shippensburg, PA 17257-9427
6th Floor, Strawberry Sq.
Dept 280601
Harrisburg, PA 17128
P.O. Box 8486
Willow Oak Building
Harrisburg, PA 17105
13 North Hanover Street
Carlisle, PA 17013
P.O. Box 2675
Harrisburg, PA 17105
1000 Liberty Avenue Room 704
Pittsburgh, PA 15222
228 Walnut Street, Suite 220
PO Box 11754
Harrisburg, PA 17108-1754
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the penalties
of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities.
Date: /Z//�r By: ",
Phelan Hallinan, LLP
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
PHELAN HALLINAN, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza, Philadelphia, PA 19103
215-563-7000
PH # 777312
CitiMortgage, Inc., Successor by Merger to Abn Amro Mortgage : COURT OF COMMON PLEAS
Group, Inc.
: CIVIL DIVISION
Plaintiff :
: NO.: 14 -6215 -CIVIL
Ricky L. Killian
Karla J. Killian
vs.
Defendant(s)
: CUMBERLAND County
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Ricky L. Killian
• •
Karla J. Killian
408 Mcculloch Road
Shippensburg, PA 17257-9427
)
- .
• •
,.) „ •
**THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY
ENFORCEMENT OF A LIEN AGAINST PROPERTY.**
Your house (real estate) at 408 Mcculloch Road, Shippensburg, PA 17257-9427 is scheduled to be sold at
the Sheriff's Sale on 06/03/2015 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street,
Carlisle, PA 17013 to enforce the court judgment of $71,287.72 obtained by CitiMortgage, Inc., Successor by
Merger to Abn Amro Mortgage Group, Inc. (the mortgagee) against you. In the event the sale is continued, an
announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale, you must take immediate action:
1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and
reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment,
if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause.
You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance you will
have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If ;he Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the
price bid by calling 215-563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared
to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this
has happened, you may call 215-563-7000.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if
the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff
gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of
distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after
the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his
office. This schedule will state who will be receiving that money. The money will be paid out in accordance
with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff
within ten (10) days after the filing of the proposed schedule.
7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately
after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW
TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
SHORT DESCRIPTION
By virtue of a Writ of Execution No. 14 -6215 -CIVIL
CitiMortgage, Inc., Successor by Merger to Abn Amro Mortgage Group, Inc.
v.
Ricky L. Killian
Karla J. Killian
owner(s) of property situate in the TOWNSHIP OF SOUTHAMPTON, CUMBERLAND
County, Pennsylvania, being
408 Mcculloch Road, Shippensburg, PA 17257-9427
Parcel No. 39-14-0171-070
(Acreage or street address)
Improvements thereon: RESIDENTIAL DWELLING
Judgment Amount: $71,287.72
Attorneys for Plaintiff
Phelan Hallinan, LLP
LEGAL DESCRIPTION
ALL that certain tract of land situate in Southampton Township, Cumberland County,
Pennsylvania, bounded and described as follows:
BEGINNING at an iron pin at Right of Way A' on the hereinafter said draft of survey;
thence along Right of Way 'A', South 51 degrees 38 minutes 02 seconds East, 125.16 feet to a set
iron pin at corner of Lot 4 on the hereinafter draft of survey; thence along Lot 4, South 51
degrees 47 minutes 24 seconds West, 43.22 feet to a point at line of land now or formerly of
Ricky L. Killian, et ux; thence along lands now or formerly of Ricky L. Killian, North 35
degrees West, 172.44 feet to the place of BEGINNING.
CONTAINING , more or less, according to the draft of survey of John R. Kissinger, R.S.,
dated June 16, 1994 and being Lot 1A thereon.
TITLE TO SAID PREMISES IS VESTED IN Ricky L. Killian and Karla J. Killian, h/w, by
Deed from Randy L. Cover and Donna F. Cover, h/w, dated 06/24/1996, recorded 06/28/1996 in
Book 141, Page 912.
PREMISES BEING: 408 Mcculloch Road, Shippensburg, PA 17257-9427
PARCEL NO. 39-14-0171-070
THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PA
DAVID D. BUELL, PROTHONOTARY
One Courthouse Square • Suite100 • Carlisle, PA • 17013
(717) 240-6195
www.ccpa.net
CITIMORTGAGE, INC, SUCCESSOR BY MERGER
TO ABN AMRO MORTGAGE GROUP, INC.
Vs. NO 14-6215 Civil Term
CIVIL ACTION — LAW
RICKY L. K.ILLIAN
KARLA J. KILLIAN
WRIT OF EXECUTION
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell
the following described property:
(1) See legal description.
(2) (Specifically describe personal property when judgment results from a mortgage covering
both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code)
NOTE: Description of property must be attached to the writ.
Amount Due: $71,287.72 L.L.: $.50
Interest FROM 12/09/2014 TO DATE OF SALE ($11.72 PER DIEM) - $2,074.44
Atty's Comm: Due Prothy: $2.25
Atty Paid: $227.35 Other Costs:
Plaintiff Paid:
Date: 12/22/14
David uell, Prothonotary
(Seal) By:
REQUESTING PARTY:
Name: ADAM H. DAVIS, ESQUIRE
Address: PHELAN HALLINAN, LLP
1617 JFK BLVD, SUITE 1400
ONE PENN CENTER PLAZA
PHILADELPHIA, PA 19103
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No. 203034
Deputy