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HomeMy WebLinkAbout11-4131Phelan 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 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 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 Plaintiff V. BENJAMIN WILLIAM COONS 62 SIMMONS LANE SEVERNA PARK, MD 21146-1900 Defendant ? ?? ?} C ?" Y L L ; n 4 a ?I AI1 ( i. ' °?, AIDERLAND COUNTY ENN'SYLVANIA ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM t ' NO. \I-y131 CIY?l CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 267076 267076 ai?A ItUA Pd ak? C?'* Io83oi3 ca asg7v? 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 #: 267076 Plaintiff is PHH MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: BENJAMIN WILLIAM COONS 62 SIMMONS LANE SEVERNA PARK, MD 21146-1900 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 11/06/2006 BENJAMIN WILLIAM COONS made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR USAA FEDERAL SAVINGS BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1972, Page 2341. The PLAINTIFF is now the mortgagee and is in the process of formalizing an assignment of same. 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2010 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. Pile #: 267076 6. The following amounts are due on the mortgage as of 03/05/2011: Principal Balance $273,976.50 Interest $14,746.41 05/01/2010 to 03/05/2011 Late Charges $1,070.55 Escrow Deficit $1,028.05 TOTAL $290,821.51 7 8. 9. 10. 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. 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. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). File #: 267076 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $290,821.51, 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: ? 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-Jam, 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 ? 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 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 Attorneys for Plaintiff File #: 267076 LEGAL DESCRIPTION ALL THAT CERTAIN Unit, being Unit No. T77 (the 'Unit'), of The Courts At Roxbury, A Townhome Condominium (the 'Condominium'), located in Upper Allen Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium of the Courts At Roxbury, A Townhome Condominium (the 'Declaration of Condominium') and Declaration Plats and Plans recorded in the Office of the Cumberland County Recorder of Deeds in Miscellaneous Book 727, Page 2100 and Right of Way Plan Book 13, Page 148, respectively, together with any and all amendments thereto. TOGETHER with the undivided percentage interest in the Common Elements appurtenant to the Unit as more particularly set forth in the aforesaid Declaration of Condominium, as last amended. TOGETHER with the right to use the Limited Common Elements applicable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plans, as last amended. UNDER AND SUBJECT to the Declaration of Condominium, to any and all other covenants, conditions, restrictions, rights-of-way, easements and agreements of record in the aforesaid Office, and matters which a physical inspection or survey of the Unit and Common Elements would disclose. PROPERTY ADDRESS: 1905 ROXBURY COURT, MECHANICSBURG, PA 17055-7023 PARCEL # 42-10-0256-107.-UT77 File #: 267076 VERIFICATION ?A { OAA l5 , hereby states that he/she is 1 ft, T &5i fof PHH Mortgage Corporation, servicing agent for Plaintiff in this matter, PHH MORTGAGE CORPORATION, that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her 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. PHH MORTGAGE CORPORATION By PHH Mortgage Corporation, Its authorized agent, Date: 4 1!d 1 fWfL'Z'ffloF_ P, is V Abs+, viC& 7Pi_5lda PHS #: 267076 Name: COONS File #: 267076 t VIE Benjamin W. Coons 1905 Roxbury Court Mechanicsburg, PA 211 JUS $ A? 41: 45 ?,UMgERLA?D C?t1M1Y PEKNSY?VANI A PHH v. Coons - docket number 2011-04131 Document - Answer to complaint regarding property foreclosure at 1905 Roxbury Court, Mechanicsburg, PA 17055 7 June 2011 This letter is in reference to the complaint, case number 2011-04131, filed on May 4, 2011. The subject property is 1905 Roxbury Court, Mechanicsburg, PA 17055, in Cumberland County. This letter is also resubmitted in response to a request from David D. Buell, Prothonotary, dated 23 May 2011, that the heading of my original letter, (encl. 1), include both a docket number and Document Title so that it may be properly filed. I am working with a Realtor to assist in me in selling my house as a short-sale to avoid any future foreclosure actions. At the same time, I have applied for the Making Home Affordable Program. short sale work out package, including my Hardship will follow shortly. Should you need to reach me with any questions relating to this matter, please call me at: 858-337-1192 between 0900-2100. I look forward to working with you so we both can reach an agreeable outcome to prevent any further distress. Thank you for your time and consideration. Best regards, A full Cc: PHH Mortgage Company (1-800-750-2518); Attorney: Phelan, Hallinan, & Schmieg (215-563-7000) Benjamin W. Coons To whom it may concern, This letter is in reference to the complaint, case number 2011-04131, filed on May 4, 2011. The subject property is 1905 Roxbury Court, Mechanicsburg PA 17055, in Cumberland County. I am working with a Realtor to help sell my house as a short sale to avoid any future foreclosure actions. At the same time, I am applying for the Making Home Affordable Program. A full short sale work out package including my Hardship will follow shortly. Should you need to reach me with any questions relating to this matter please call me at: 858-337-1192 between 9am and 9pm. I look forward to working with you so we both can reach a good out come to prevent any further distress. Thank you for your time and consideration. Best regards, Benjamin William Coons 858-337-1192 (wl.1 ? F 1 ED-O Fil - I'? T f i E t- F " ki 1 0 ?y! 'oT?t tt T P R 0' P, R, f 201 18 AM 10: 09 C'UMSEREA 40 C3UNTY ENNS t°LVAi'd A PHELAN, HALLINAN AND SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification No.: 91656 Joseph A. Dessoye, Esquire Identification No.: 200479 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 PHH Mortgage Corporation Plaintiff V. Benjamin William Coons Defendant Court of Common Pleas Civil Division Cumberland County No. 2011-4131 PLAINTIFF'S MOTION TO STRIKE DEFENDANT'S ANSWER AND NOW COMES Plaintiff, Wells Fargo Bank, N.A. (hereinafter "Plaintiff'), by and through its attorneys, Phelan Hallinan & Schmieg, LLP and hereby files this its Motion to Strike Defendant's Answer and in support thereof avers as follows: 1. On or about May 4, 2011, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendant for her failure to tender timely monthly mortgage payments due June 1, 2010 and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit "A." ATTORNEYS FOR PLAINTIFF t919 101 co 2. On June 8, 2011, Defendant filed his Answer in response to the Complaint in Mortgage Foreclosure with the Court and forwarded same to Plaintiff's Counsel. A true and correct copy of the Answer is attached hereto, made part hereof and marked as Exhibit "B." 3. Plaintiff's counsel contacted the Prothonotary's Office for Cumberland County and was advised that the Defendant's Answer was docketed as an Answer. 4. Defendant's Answer is not a proper response to Plaintiff's Complaint under the Pennsylvania Rules of Civil Procedure as it fails to affirmatively respond to the averments contained in Plaintiff's Complaint. 5. Further, Defendant's Answer offers no defense to the action in Mortgage Foreclosure or the averments of Plaintiff's Complaint. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an order striking Defendant's Answer from the docket. Respectfully submitted, PHELAN, HALLINAN & SCHMIEG, LLP Date: A. Dessoye, Esquire ;vs for Plaintiff PHELAN, HALLINAN AND SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification No.: 91656 Joseph A. Dessoye, Esquire Identification No.: 200479 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 PHH Mortgage Corporation Plaintiff V. Benjamin William Coons Defendant ATTORNEYS FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 2011-4131 PLAINTIFF'S BRIEF IN SUPPORT OF ITS MOTION TO STRIKE DEFENDANT'S ANSWER Plaintiff incorporates herein by reference the averments of paragraphs one (1) through five (5) of its attached Motion to Strike as if set forth herein at length. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order striking Defendant's Answer from the docket. Respectfully submitted, PHELAN, HALLINAN & SCHMIEG, LLP Date: By: C\6VJ ? /11 ose h P. chalk, Esquire Jose h A. essoye, Esquire Attrnevs for Plaintiff EXHIBIT A Supreme Coe Pennsylvania :,Pleas Or" County r or PrutligJrglpr y U0 onb...;. Docket-Np The information collected on this form is used solely for court administration purposes. This form does not su alernent or replace the film > and service o leadin s or other a )ers as t e aired b law or rules of coz Commencement of Action: 9 Complaint ? Writ of Summons ? Petition ? Transfer from Another Jurisdiction ? Declaration of Taking Lead Plaintiff's Name: PHH MORTGAGE Lead Defendant's Name: BENJAMIN WILLIAM COONS CORPORATION ?? ` Are money damages requested? El yes xQ No ID ollar Amount Requested: ? within arbitration limits Check one tside arbitration limits Is this a Class Action Suit? ? Yes & No s this a ? an MDJ Appeal ? Yes No . Name of Plaintiff/Appellant's Attorney; Phelan Hallinan & Schmie , LLp ? Check here if you have no attorney (are a Self Represented (Pro Sel Litigant} ..`Y Nature of tffe Case: Place an "X" to the left of the ONE case category that most accursttely describes your P'RIMARYCASE. If you are retaking mare 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 ? Motor Vehicle ? Board of Assessment ? Debt Collection: Other ? Board of Elections ? Nuisance --------- --- ' El Dept. of Transportation ? Premises Liability ? Product Liability ? Statutory Appeal: Other (does not include mass tort ? Employment Dispute: ? Slander/Libel/ Defamation Discrimination "- - --- ? Other: ? Employment ?x Dispute: Other ? Zoning Board ? Other: s F T ort - DES ort - I mplant aste PROFESSIONAL LL4BLITy - ? Dental ji ' ? Legal u, ? Medical .• ? Other Professional: Pa.R.CA 205.5 Othcr: REAL PROPERTY ? Ejectment Eminent DomainlCondemnation ? Ground Rent ? Landlord/Tenant Dispute ® Mortgage Foreclosure: Residential ? Mortgage Foreclosure: Commercial ? Partition ? Quiet Title ? Other: ? Common Law/Statutory Arbitration ? Declaratory Judgment ? Mandamus ? Non-Domestic Relations Restraining Order ? Quo Warranto ? Replevin ? Other: Updated 312812011 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563`-7000 FAX: 215-568-7616 Email: complaints ,fedphe.com Representing Lenders in Pennsylvania and New Jersey Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: PHH MORTGAGE CORPORATION vs. BENJAMIN WILLIAM COONS ACTION IN MORTGAGE FORECLOSURE Dear Sir/Madam: Enclosed are an original and I copies of a Civil Action in Mortgage Foreclosure relative to the above captioned matter for filing with your office. A check for filing has been attached in the amount of $92.00. The sheriffs office advised our office on date that sheriffs costs total COST for this file. If there is a concern regarding the costs, please contact JAMES SILVER at PH&S; please do not return the Complaint to our office. Please file the Complaint and return your receipt to us in the enclosed stamped, self- addressed envelope, together with a time-stamped copy of the first page of the Complaint. I would also appreciate your taking the additional copies of the Complaint, the check for service, and the enclosed service sheet(s) to the Office of the Sheriff for service on the defendant(s). Thank you for your cooperation. Very truly yours, Phelan Hallinan & Schmieg, LLP COMPLAINT DEPARTMENT File #: 267076 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX: 215-568-7616 Email: co=laints@fedphe.com Representing Lenders in Pennsylvania and New Jersey OVERTIME, WEEKEND SERVICE, MILEAGE APPROVAL To: The Sheriffs Department of CUMBERLAND County Re: Attached Service Request We recognize that service of mortgage foreclosure complaints is a difficult task as many defendants attempt to evade service. Please note that we specifically authorize OVERTIME, WEEKEND SERVICE AND MILEAGE for service. The sheriffs office advised our office on date that sheriffs costs total COST for this file. If there is a concern regarding the costs, please contact JAMES SILVER at PH&S; please do not return the Complaint to our office. Further, we specifically authorize a ten ($10) dollar fax fee for the transmission of the service return to our office at the service faxline of 215-568-7616. This applies to all cases whether service has been made or not. We would appreciate this fax transmission within 24 hours of the service return completion. Please call Francis S. Hallinan or Dan Schmieg with any questions or requests you may have. Thank you for your efforts. Phelan Hallinan & Schmieg, LLP COMPLAINT DEPARTMENT File #: 267076 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 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay IL Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 267076 PHH MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 V. Plaintiff BENJAMIN WILLIAM COONS 62 SIMMONS LANE SEVERNA PARK, MD 21146-1900 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FQRECLOSU,,R.E rife #: 267076 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 #: 267076 1. Plaintiff is PHH MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: BENJAMIN WILLIAM COONS 62 SIMMONS LANE SEVERNA PARK, MD 21146-1900 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/06/2006 BENJAMIN WILLIAM COONS made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR USAA FEDERAL SAVINGS BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1972, Page 2341. The PLAINTIFF is now the mortgagee and is in the process of formalizing an assignment of same. 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 06/01/2010 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 #: 267076 6. The following amounts are due on the mortgage as of 03/05/2011; Principal Balance $273,976.50 Interest $14,746.41 05/01/2010 to 03/05/2011 Late Charges $1,070.55 Escrow Deficit $1,028.05 TOTAL $290,821.51 7. 8 9. 10. 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. 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. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). File k 267076 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $290,821.51, 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. By: PHELAN HALLINAN & SCHMIEG, LLP LJ 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 ? 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 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 Attorneys for Plaintiff File/: 267076 LEGAL DESCRIPTION ALL THAT CERTAIN Unit, being Unit No. T77 (the 'Unit`), of The Courts At Roxbury, A Townhome Condominium (the'Condominium'), located in Upper Allen Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium of the Courts At Roxbury, A Townhome Condominium (the 'Declaration of Condominium') and Declaration Plats and Plans recorded in the Office of the Cumberland County Recorder of Deeds in Miscellaneous Book 727, Page 2100 and Right of Way Plan Book 13, Page 148, respectively, together with any and all amendments thereto. TOGETHER with the undivided percentage interest in the Common Elements appurtenant to the Unit as more particularly set forth in the aforesaid Declaration of Condominium, as last amended. TOGETHER with the right to use the Limited Common Elements applicable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plans, as last amended. UNDER AND SUBJECT to the Declaration of Condominium, to any and all other covenants, conditions, restrictions, rights-of-way, easements and agreements of record in the aforesaid Office, and matters which a physical inspection or survey of the Unit and Common Elements would disclose. PROPERTY ADDRESS: 1905 ROXBURY COURT, MECHANICSBURG, PA 17055-7023 PARCEL # 42-10-0256-107.-UT77 File #: 267076 VERIFICATION CAM- AA CS ; hereby states that he/she is T k5I + of PHH Mortgage Corporation, servicing agent for Plaintiff in this matter, PHH MORTGAGE CORPORATION, that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her 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 unswom falsification to authorities. PHH MORTGAGE CORPORATION By PHH Mortgage Corporation, Its authorized agent, Date: ,Ic-mo4 Ktsv . vice PR4.s;1-? PHS #: 267076 Name: COONS File Y: 267076 Request for Service R. Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA 17013 Ph: 717.240.6390 Fx: 717.240.6397 PHH MORTGAGE CORPORATION Court Number: Expiration Date: Type of Action: Mortgage Foreclosure Complaint Defendant/s: BENJAMIN WILLIAM COONS Serve Upon: BENJAMIN WILLIAM COONS " Address for Service: 1905 ROXBURY COURT MECHANICSBURG, PA 17055-7023 Alternate Address for Service: 62 SIMMONS LANE SEVERNA PARK, MD 21146-1900 Type of Service: ? Personal ? Adult in Charge ? Deputize ? Certified Mail ? Posting (copy of court order required) Special Service Instructions: **If service is to be made by deputized service to another county please specify which county Filing Attorney's Information: Name: Phelan Hallinan & Schmieg, LLP Francis S. Hallinan, Esquire Address: 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Telephone: 215-563-7000 x 1482 EXHIBIT B u. tf Emu J"ONOIAM 7 June 2011 Benjamin W. Coons 1905 Roxbury Court pSYy?? ?SY Mechanicsburg, PA PHH v. Coons - docket number 2011-04131 Document - Answer to complaint regarding property foreclosure at 1905 Roxbury Court, Mechanicsburg, PA 17055 This letter is in reference to the complaint, case number 2011-04131, filed on May 4, 2011. The subject property is 1905 Roxbury Court, Mechanicsburg, PA 17055, in Cumberland County. This letter is also resubmitted in response to a request from David D. Buell, Prothonotary, dated 23 May 2011, that the heading of my original letter, (encl. 1), Include both a docket number and Document Title so that it may be properly filed. I am working with a Realtor to assist In me in selling my house as a short-sale to avoid any future foreclosure actions. At the same time, I have applied for the Making Home Affordable Program. A full short sale work out package, including my Hardship will follow shortly. Should you need to reach me with any questions relating to this matter, please call me at: 859-337-1192 between 0900-2100. 1 look forward to working with you so we both can reach an agreeable outcome to prevent any further distress. Thank you for your time and consideration. Best regards, Benjamin W. Coons Cc: PHH Mortgage Company (1-800-750-2518); Attorney: Phelan, Hallinan, & Schmieg (215-563-7000) To whom it may concern, 77tis letter is in reference to the complaint, case number 2011-0413 1, filed on May 4, 2011. The subject property is 1905 Roxbury Court, Mechanicsburg PA 17055, in Cumberland County. I am working with a Realtor to help sell my house as a short sale to avoid any future foreclosure actions. At the some time, l am applying for the Making Home Affordable Program. A full short sale work out package including my Hardship will follow shortly. Should you need to reach me with any questions relating to this matter please call me at: 858-337-1192 between 9am and 9pm. I look forward to working with you so we both can reach a good out come to prevent any further distress. Thank you for your time and consideration. Best regards, Benjamin William Coons 858-337-1192 (M?' 1 PHELAN, HALLINAN AND SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification No.: 91656 Joseph A. Dessoye, Esquire Identification No.: 200479 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 P14H Mortgage Corporation Plaintiff V. Benjamin William Coons Defendant ATTORNEYS FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 2011-4131 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Motion to Strike Defendant's Answer, Brief in Support thereof and proposed Order were served by regular mail on the pro se Defendant on the date listed below: Benjamin William Coons 62 Simmons Lane Severna Park, MD 21146-1900 Date: I By: A'Dessoye, Esquire ;vs for Plaintiff PHH MORTGAGE IN THE COURT OF COMMON PLEAS OF CORPORATION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW BENJAMIN WILLIAM COONS, Defendant NO. 11-4131 CIVIL TERM IN RE: PLAINTIFF'S MOTION TO STRIKE DEFENDANT'S ANSWER ORDER OF COURT AND NOW, this 20`x' day of July, 2011, upon consideration of Plaintiff's Motion To Strike Defendant's Answer, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days from the date of the order. J Joseph P. Schalk, Esq. 126 Locust Street Harrisburg, PA 17101 Attorney for Plaintiff Benjamin William Coons 62 Simmons Lane Severna Park, MD 21146-1900 Defendant, pro Se ryl?lQKb ? r-.a Cti s73 C- ??7 r1 r.? _, a r -. CJ CWT ? :rc BY THE COURT, b _J Pur ':,UMBERLAND COUNTY PENNSYLVANIA PHELAN, HALLINAN AND SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification No.: 91656 Joseph A. Dessoye, Esquire Identification No.: 200479 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 PHH Mortgage Corporation Plaintiff V. Benjamin William Coons Defendant ATTORNEYS FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 2011-4131 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Order of Court of July 20, 2011 was served by regular mail on the pro se Defendant on the date listed below: Benjamin William Coons 62 Simmons Lane Severna Park, MD 21146-1900 Date: 8161 By: h 8 Schalk; EsgtGre r J ose A. Dessoye, Esquire Atto evs for Plaintiff "? (A) 01 P11I-1 MORTGAGE IN THE COURT OF COMMON PLEAS OF CORPORATION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW BENJAMIN WILLIAM COONS, Defendant NO. 11-4131 CIVIL 'PERM IN RE: PLAINTIFF'S MOTION TO STRIKE DEFENDANT'S ANSWER ORDER OF COURT AND NOW, this 20`x' day of July, 2011, upon consideration of Plaintiff's Motion To Strike Defendant's Answer, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days from the date of the order. BY THE COURT, i _ X11 J.;weslev Oler, J. r Joseph P. Schalk, Esq. 126 L ust Street H ,wfi'sburg, PA 17101 Attorney for Plaintiff Benjamin William Coons 62 Simmons Lane Severna Park, MD 21146-1900 Defendant, pro Se :rc FILED-OFFIC,? O THE PR0TH0NO r'? ` 2011 SEP 27 PM 3: 37 CUMBERLAND COUNTY PENNSYLVANIA BENJAMIN WILLIAM COONS V. Defendant PHH MORTGAGE CORPORATION Plaintiff TO: FIELD-OFFICE OF THE PROTHONOTARY CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 DATE OF RESPONSE: SEPTEMBER 27, 2011 COURT OF COMMON PLEAS CIVIL DIVISION NO. 2011-4131 CUMBERLAND COUNTY THIS LETTER IS IN RESPONSE TO THE LETTER DATED THE 7T" DAY OF SEPTEMBER 2011: THE DEFENDANT, IN DEFAULT OF HIS HOME LOAN WITH PHH MORTGAGE COMPANY, HAS FILED AN EMERGENCY HOUSING LOAN PROGRAM REQUEST WITH THE PENNSYVANIA HOUSING AGENCY AND IS AWAITING A RESPONSE, CONTINGENT ON THE PLAINTIFF, PHH MORTGAGE, FURNISHING THE REINSTATEMENT FIGURE REQUIRED TO BRING THE LOAN ON THE PROPERTY AT 1905 ROXBURY COURT, MECHANICSBURG, PA 17055, CURRENT. UPON RECEIPT OF THE FIGURE, THE DEFENDANT SHALL RESUME MONTHLY MORTGAGE PAYMENT ON SAID PROPERTY TO KEEP THE LOAN CURRENT. ?By: ns Phelan Hallinan & Schmieg, LLP _ i J b } U.? Attorney For Plaintiff 1617 JFK Boulevard, Suite 1400 f ,,, One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 l' N 10' ? lI PHH MORTGAGE CORPO Plaintiff AMU f4z3tbf Common Pleas YEV : I Civil Division vs BENJAMIN WILLIAM COONS Defendant CUMBERLAND County : I No. 20114131 TO THE PROTHONOTARY: PRAECIPE X 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. Date: ELAN HA INAN & S G, LLP By: Lawrence T. Phelan, Esq., Id. No. 3 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 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 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 30891 PHS# 267076 Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF PHH MORTGAGE CORPORATION Plaintiff vs BENJAMIN WILLIAM COONS Defendant Court of Common Pleas Civil Division CUMBERLAND County No. 20114131 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: BENJAMIN WILLIAM COONS 62 SIMMONS LANE SEVERNA PARK, MD 21 146-1900 Date: L ^ By: Lawrence T. Phelan, Esq., Id. No. 227 Francis S. Hallinan, Esq., Id. No. 626 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Shectal 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 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 / Allison F. Wells, Esq.. Id. No. 309519 William E. Miller. Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Attorney for Plaintiff