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Home My WebLink About14-7369 Supreme Court of Pennsylvania �` COurt.of Com.mon Pleas For Prothonotary Use Onl Civil,-Cover;Sheet y • CUMBER]°AND County Docket No: L---------------------J r� J y r� The information collected on this form is used solely for court administration purposes. This forin does not supplement or replace thefiling 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: TINA M. BOWERS T Dollar Amount Requested: ❑ within arbitration limits I Are money damages requested? ❑ Yes 0 No (Check one) Z outside arbitration limits 0 N Is this a Class Action Suit? ❑ Yes 9 No Is this an MDJ Appeal? ❑ Yes Z No A Name of Plaintiff/Appellant's Attorney: Jonathan Lobb Esq Id No 312174 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 ❑Other: C T I El Other: MASS TORT 0 ❑Asbestos N ❑ Tobacco ❑ Toxic Tort-DES MISCELLANEOUS ❑ Toxic Tort-Implant REAL PROPERTY ❑Toxic Waste ❑ Ejectment ❑Common Law/Statutory Arbitration $ ❑ 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 ❑Partition ❑ Replevin ❑Dental ❑Quiet Title ❑Other: ❑Legal ❑Other: ❑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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717)249-3166 (800)990-9108 File#: 952294 tj PHELAN HALLINAN,LLP Jonathan Lobb,Esq.,Id.No.312174 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia,PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 CITIMORTGAGE,INC. 1000 TECHNOLOGY DRIVE COURT OF COMMON PLEAS O'FALLON,MO 63368 CIVIL DIVISION Plaintiff V. TERM TINA M.BOWERS NO. 1156 DOUBLING GAP ROAD NEWVILLE,PA 17241-9756 CUMBERLAND COUNTY PAUL FREEMAN 1156 DOUBLING GAP ROAD NEWVILLE,PA 17241-9756 Defendants CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE a#4 File#: 952294 1. Plaintiff is CITIMORTGAGE,INC. 1000 TECHNOLOGY DRIVE OTALLON,MO 63368 2. The name(s)and last known address(es)of the Defendant(s) are: TINA M.BOWERS 1156 DOUBLING GAP ROAD NEWVILLE,PA 17241-9756 PAUL FREEMAN 1156 DOUBLING GAP ROAD NEWVILLE,PA 17241-9756 who is/are the mortgagor(s) and/or real owner(s)of the property hereinafter described. 3. On 01/25/2006 TINA M. BOWERS made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC.AS NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC,which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County,in Mortgage Book 1939,Page 2829. By Assignment of Mortgage recorded 09/28/2010 the mortgage was assigned to PLAINTIFF,which Assignment is recorded in Assignment of Mortgage Instrument No. 201027243.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#: 952294 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/04/2011 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 11/22/2014: Principal Balance $151,407.56 Interest $42,630.00 06/04/2011 through 11/22/2014 Accumulated Late Charge Balance $400.75 Property Inspections $54.00 Escrow Advance Balance $14,518.51 Subtotal $209,010.82 Suspense Credit $727.25 TOTAL $208,283.57 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 File#: 952294 meet with 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 mortgagor is more than 24 months in arrears on the mortgage. WHEREFORE,Plaintiff demands an in rem judgment against the Defendant(s) in the sum of$208,283.57,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: ff�/� Jonath Lobb,Esq.,Id.No.312174 Attorney for Plaintiff File#: 952294 VERIFICATION Porsha Thompson,hereby states that she is Vice President-Document Control of, CITEVORTGAGE, 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. Printed name: Porsha T oomson Date: Cif File#: 952294 Name: BOWERS File#: 952294 LEGAL DESCRIPTION All that certain tract of land with the improvements thereon erected, situate in Lower Mifflin Township, Cumberland County,Pennsylvania,bounded and described as follows: Beginning at a point in the center of the Newville-Doubling Gap Road(State Route 233) at the dividing line of Lots No. 1 and No. 2 of the hereinafter mentioned Subdivision Plan; thence along the center of said road, South 04 degrees 19 minutes 00 seconds West,200.00 feet to a nail at corner of lands now or formerly of Mary A. Salisbury; thence by lands now or formerly of Salisbury,North 83 degrees 20 minutes 00 seconds West, 373.00 feet to a stake; thence by the same, South 03 degrees 23 minutes 40 seconds East, 187.13 feet to a stake;thence by the same, South 03 degrees 23 minutes 40 seconds East, 187.13 feet to a stake;thence by lands now or formerly of Catherine E., Joseph S.,Tony E. and Keith H. Blessing, South 26 degrees 26 minutes 00 seconds East, 127.09 feet to an iron pin on the line of lands now or formerly of Charles W. Baker; thence along the lands now or formerly of Baker, South 63 degrees 06 minutes 00 seconds West,210.00 feet to an iron pin; thence by the same, South 31 degrees 43 minutes 00 seconds East,210.00 feet to a point on the line of lands now or formerly of Franklin A. Oiler; thence along the lands now or formerly of Oiler, South 63 degrees 06 minutes 00 seconds West, 242.00 feet to a post; thence continuing along the lands now or formerly of Oiler,North 33 degrees 57 minutes 00 seconds West,422.06 feet to a tree; thence by the same,North 56 degrees 53 minutes West,22.30 feet to a tree; thence by the same,North 38 degrees 58 minutes, 55.70 feet to a point in Doubling Gap Creek; thence along the Doubling Gap Creek,the following courses and distances:North 20 degrees 25 minutes 00 seconds East,217.50 feet and North 09 degrees 13 minutes 00 seconds West,288 feet to a point at the dividing line of Lots No. 1 and No. 2;thence along said dividing line, South 84 degrees 22 minutes 24 seconds East, 511.54 feet File#: 952294 a to an iron pin; thence by the same,North 84 degrees 28 minutes 58 seconds East,231.03 feet to an iron pin; thence by the same, South 78 degrees 40 minutes 11 seconds East, 134.94 feet to a point in the center of the Newville-Doubling Gap Road, the place of beginning. Being Lot No. 1 on the Preliminary Final Subdivision Plan of Richard C. Duble, dated April 5, 1990, and recorded in the Office of the Recorder of Deeds in Plan Book 60,Page 120,and contains 9.549 acres,more or less. PARCEL NO. 15-03-0059-017A Being the same premises which Michael D.Nolan and Linda R.Nolan,husband and wife,by indenture dated 10-25-02 and recorded 11-22-02 in the Office of the Recorder of Deeds in and for the County of Cumberland in Deed Book 254 page 3306, granted and conveyed unto Tina M. Bowers. PROPERTY ADDRESS: 1156 DOUBLING GAP ROAD,NEWVILLE,PA 17241-9756 PARCEL#15-03-0059-017A File#: 952294