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Home My WebLink About06-634440. PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 143100 CITIMORTGAGE, INC 1000 TECHNOLOGY DRIVE MAIL STATION OTALLON, MO 63368-2240 V. JOSEPH A. HILL ANNETTE M. FETROW A/K/A ANNETTE M. SHIELDS 385 SHERWOOD DRIVE CARLISLE, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO.Q/b -4,25t/' OWC" CUMBERLAND COUNTY Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 143100 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File 4: 143100 4 Plaintiff is CITIMORTGAGE, INC 1000 TECHNOLOGY DRIVE MAIL STATION OTALLON, MO 63368-2240 2. The name(s) and last known address(es) of the Defendant(s) are: JOSEPH A. HILL ANNETTE M. FETROW A/K/A ANNETTE M. SHIELDS 385 SHERWOOD DRIVE CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 06/30/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to COMMERCE BANK/HARRISBURG, NA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1873, Page: 33. By Assignment of Mortgage recorded 07/08/2004 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 709, Page 3627. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2006 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 #: 143100 A. 6. The following amounts are due on the mortgage: Principal Balance $95,343.05 Interest 2,679.76 06/01/2006 through 10/30/2006 (Per Diem $17.63) Attorney's Fees 1,250.00 Cumulative Late Charges 126.36 06/30/2004 to 10/30/2006 Cost of Suit and Title Search 550.00 Subtotal $ 99,949.17 Escrow Credit 0.00 Deficit 155.49 Subtotal 155.49 TOTAL $ 100,104.66 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, 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. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 100,104.66, together with interest from 10/30/2006 at the rate of $17.63 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. By: /s/Francis S. Hallman LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN A1LLIIN,AN,& SCHMIE , LLP I , / jL9&1t_-- File #: 143100 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described in accordance with Final Subdivision Plan for Lynell W. Wolf prepared by Thomas Alvin Neff, Registered Surveyor, a copy of said Plan dated April 24, 1978 being recorded in the hereinafter named Recorder's Office in Plan Book 33, Page 21, as follows: BEGINNING at a point in the original center line of Thirty-three (33) feet wide Township Road T-503 known as Sherwood Drive at the dividing line between Lot No. 2 and land formerly of W. Narehood, now or formerly of Dennis E. Major; thence from said point at the Place of Beginning along said dividing line between said Lot No. 2 and said land now or formerly of Dennis E. Major, South 22 degrees 54 minutes 50 seconds West, a distance of one Hundred Ninety-seven and Seven Tenths (197.7) feet to an iron pin; thence still along said dividing line South 22 degrees 52 minutes 50 seconds West, a distance of One Hundred Seventy-two (172) feet to an iron pin at corner common to said land now or formerly of Dennis J. Major and said Lot No. 2 and Lot No. 3; thence along the dividing line between said Lots 2 and 3, North 14 degrees 06 minutes 05 seconds West, a distance of Two Hundred Forty-one and Five Hundredths (241.05) feet to a stake; thence still along said dividing line between said Lots Nos.2 and 3, North 17 degrees 35 minutes 20 seconds east, a distance of Two Hundred Five and Eight Tenths (205.8) feet to a point in the original center line of Thirty-three (33) feet wide Township Road T-503 known as Sherwood Drive; thence along said original center line of Thirty-three (33) feet wide Township Road T-503 known as Sherwood Drive, South 57 degrees 30 minutes 20 seconds East, a distance of One Hundred Sixty-six and Forty-four Hundredths (166.44) feet to a point at the Place Of BEGINNING. CONTAINING 1.001 acre and being all of Lot No. 2 as shown on said Final Subdivision Plan for Lynell W. Wolf dated April 24, 1978, recorded as aforesaid. BEING the same property which Lynell W. Wolf and Edith V. Wolf, husband and wife, by Deed dated June 13, 1978 and recorded June 13, 1978 in the Office of Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 'V' Volume 27, Page 748, granted and conveyed unto Ray E. Wert and Doris J. Wert, husband and wife, Grantors herein. PROPERTY BEING: 385 SHERWOOD DRIVE File #: 143100 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: J. V4 s Film c? v -r. L CASE NO: 2006-06344 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS HILL JOSEPH A ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HILL JOSEPH A the DEFENDANT at 2026:00 HOURS, on the 1st day of November , 2006 at 385 SHERWOOD DRIVE CARLISLE, PA 17013 ANNETTE FETROW, WIFE by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 4.40 ?? Affidavit .00 Surcharae 10.00 R. Thomas Kline 32.40,/ 11/02/2006 Iarb4iOG PHELAN HALLINAN S HMIEG Sworn and Subscibed to By: A before me this day Deputy Sheriff of A. D. r, r CASE NO: 2006-06344 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF' CUMBERLAND CITIMORTGAGE INC Vs HILL JOSEPH A ET AL BRIAN BAR.RICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FETROW ANNETTE M AKA ANNETTE M SHIELDS the DEFENDANT , at 2026:00 HOURS, on the 1st day of November , 2006 at 385 SHERWOOD DRIVE CARLISLE, PA 17013 ANNETTE FETROW by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge. 10.00 R. Thomas Kline .00 16.00? 11/02/2006 la ?04 f 8f. 1 PHELAN HALLINAN S MIEG Sworn and Subscibed to By: i4l? before me this day Deputy Sheriff of A. D. Phelan Hallinan & Schmieg, LLP 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 Jaime McGuinness, Esq., Id. No. 90134 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff CITIMORTGAGE, INC Plaintiff vs JOSEPH A. HILL ANNETTE M. FETROW A/K/A ANNETTE M. SHIELDS Defendant : I Court of Common Pleas Civil Division CUMBERLAND County No. 06-6344 CIVIL TERM TO THE PROTHONOTARY: PRAECIPE X Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. Date: October 20, 2009 PHELAN HALLINAN By: Lay ce T. Phelan, , Id. 22 5 ancis S. Hallin nEsq, o. 62695 Daniel G. Sc o62205 Michele M. B ord, 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 Jaime McGuinness, Esq., Id. No. 90134 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 PHS# 143100 Attorneys for Plaintiff FILED- ?Py 2009 OCT 2 1 s ;16 : ; i