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PHELAN HALLINAN & SCHMIEG, LLP
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ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
NO. 1 p? ' o??r'J? li?Vt I Term
CUMBERLAND COUNTY
295293
HSBC BANK USA, NATIONAL ASSOCIATION, AS
TRUSTEE FOR DEUTSCHE BANK ALT-A
SECURITIES, INC., MORTGAGE LOAN TRUST,
SERIES 2006-AB1, MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2006-AB 1
3476 STATEVIEW BOULEVARD
FORT MILL, SC 29715
Plaintiff
v.
THOMAS GREENFIELD, JR
703 CARRIAGE LANE
MECHANICSBURG, PA 17050-2274
Defendant
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
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File #: 295293
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 #: 295293
1. Plaintiff is
HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR DEUTSCHE
BANK ALT-A SECURITIES, INC., MORTGAGE LOAN TRUST, SERIES 2006-AB I,
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-AB 1
3476 STATEVIEW BOULEVARD
FORT MILL, SC 29715
2. The name(s) and last known address(es) of the Defendant(s) are:
THOMAS GREENFIELD, JR
703 CARRIAGE LANE
MECHANICSBURG, PA 17050-2274
who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 11 /29/2005 THOMAS GREENFIELD, JR made, executed and delivered a mortgage
upon the premises hereinafter described to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC. AS NOMINEE FOR AMERICAN HOME
MORTGAGE which mortgage is recorded in the Office of the Recorder of Deeds of
CUMBERLAND County, in Mortgage Book 1933, Page 2150. By Assignment of
Mortgage recorded 02/29/2012 the mortgage was assigned to PLAINTIFF which
Assignment is recorded in Assignment of Mortgage Book 201205961. 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(8); 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 4: 295293
5
6.
The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 08/01/2010 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.
The following amounts are due on the mortgage as of 04/05/2012:
Principal Balance $179,367.93
Interest $24,873.90
through 04/05/2012
Late Charges $476.84
Property Inspections $531.25
Escrow Deficit $3,821.10
Suspense Balance ($70.49)
TOTAL $209,000.53
7.
8
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 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.
File #: 295293
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$209,000.53, 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.
& SCHMIEG, LLP
By:
W. Cusick, Es pdm id., No. 80193
File #: 295293
LEGAL DESCRIPTION
ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the
Township of East Pennsboro, in the County of Cumberland and Commonwealth of Pennsylvania,
more particularly bounded and described in accordance with a Subdivision Plan of Laurel Hills,
Section 13, made by Buchart-Horn, Consulting Engineers and Planners, Job No. 203020 and
recorded in the Recorder's Office of Cumberland County, Pennsylvania, in Plan Book 31, Page
27, being more particularly bounded and described as follows, to wit:
BEGINNING at a stake on the southerly right of way line of Carriage Lane at the dividing
line between Lots Nos. 122 and 123 on the above-referred to Plan; thence along the southerly
legal right of way line of Carriage Lane, South 29 degrees 30 minutes 45 seconds East, a distance
of 14.79 feet to a stake; thence continuing along the southerly legal right of way line of Carriage
Lane by an arc curving to the right, having a radius of 175.00 feet, an arc length of 49.47 feet to a
stake; thence still continuing along the southerly legal right of way line of Carriage Lane, South
45 degrees 42 minutes 35 seconds East, a distance of 36.99 feet to a point at the dividing line
between Lots Nos. 122, Section 13 and 121, Section 6; thence along said dividing line, South 44
degrees 17 minutes 25 seconds West, a distance of 100.00 feet to a stake; thence North 45
degrees 42 minutes 35 seconds West, a distance of 100.00 feet to a stake; thence North 44
degrees 17 minutes 25 seconds East, a distance of 111.07 feet to a stake, the place of
BEGINNING.
CONTAINING 10,329.09 square feet.
BEING Lot No. 122 and known and numbered as 703 Carriage Lane.
File M 295293
UNDER AND SUBJECT to restrictions, easements and conditions as now appear of
record.
BEING designated as Tax Identification No. 9-18-1310-96 in the Deed Registry Office of
Cumberland County, Pennsylvania.
PROPERTY ADDRESS: 703 CARRIAGE LANE, MECHANICSBURG, PA 17050-2274
PARCEL # 09-18-1310-096.
File #: 295293
VERIFICATION
Geeta Sheth, hereby states that Ve/she is Vice President Loan Documentation of
WELLS FARGO BANK, N.A., plaintiff or mortgage servicing agent for plaintiff in this
matter, that ?e/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 gs/her 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.
Name: Geeta Sheth
DATE: oq ,2o L 2_
Title: Vice President Loan Documentation
032-PA-V3 PHS: 295293
FORM 1
HSBC BANK USA, NATIONAL ASSOCIATION,
AS TRUSTEE FOR DEUTSCHE BANK ALT-A
SECURITIES, INC., MORTGAGE LOAN TRUST,
SERIES 2006-AB I, MORTGAGE PASS-
THROUGH CERTIFICATES SERIES 2006-AB 1
Plaintiff(s)
vs.
THOMAS GREENFIELD, JR
Defendant(s)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
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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 a lawyer, 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 no charge to you. Once you have been appointed a legal representative, you must promptly meet
with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide
the legal representative with all 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 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 out 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 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 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 out reasonable arguments 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.
Date
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FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas 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 counseling agency. Please provide the following
information to the best of your knowledge:
Borrower name(s):
Property Address:
City:
Is the property for sale?
Realtor Name:
Borrower Occupied?
Mailing Address (if different):
City:
Phone Numbers:
Email:
# of people in household:
Mailing Address:
City:
Phone Numbers:
Email:
# of people in household:
First Mortgage Lender: _
Type of Loan:
Loan Number:
Second Mortgage Lender:
Type of Loan:
Loan Number:
Home:
Cell:
State:
Zip:
How long?
State: Zip:
Yes ? No ? Listing date: Price: $
Realtor Phone:
Yes ? No ?
State: Zip:
Home: Office:
Cell: Other:
How long?
Date You Closed Your Loan:
Total Mortgage Payments Amount: $
Date of Last Payment:
Included Taxes & Insurance:
Office:
Other:
Primary Reason for Default:
Is the loan in Bankruptcy? Yes ? No ?
If yes, provide names, location of court, case number & attorney:
Assets
Home:
Other Real Estate:
Retirement Funds:
Investments:
Checking:
Savings:
Other: $
Amount Owed:
Automobile #1: Model:
Value:
Amount owed: _ Value:
Automobile #2: Model:
Amount owed: _ Value:
Other transportation (automobiles, boats, motorcycles): Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
1.
Year:
Year:
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/Nei . Fees
Auto Insurance Med. not covered
Auto fuel/re airs Other prop. payment
Install. Loan Payment Cable TV
Child Su ort/Alim. Spending Money
Da /Child Care/Tuft. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income & Expenses:
Have you been working with a Housing Counseling Agency?
Yes ? No F-1
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 known, regarding your lender and lender's loan servicing
company:
Lender's Contact (Name):
Servicing Company (Name):
Contact:
Phone:
Phone:
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 Uwe am/are under
no obligation to use the counseling services provided by the above named
Borrower Signature
Co-Borrower Signature Date
Please forward this document along with the following information to lender and lender's
counsel:
Proof of income
Past 2 bank statements
Proof of any expected income for the last 45 days
Copy of a current utility bill
Letter explaining reason for delinquency and any supporting documentation
(hardship letter)
Listing agreement (if property is currently on the market)
Date
FORM 3
HSBC BANK USA, NATIONAL
ASSOCIATION, AS TRUSTEE FOR
DEUTSCHE BANK ALT-A
SECURITIES, INC., MORTGAGE LOAN
TRUST, SERIES 2006-AB1,
MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2006-AB 1
Plaintiff(s)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
THOMAS GREENFIELD, JR
Defendant(s)
REQUEST FOR CONCILIATION CONFERENCE
CIVIL
Pursuant to the Administrative Order dated , 2012 governing the
Cumberland County Residential Mortgage Foreclosure Diversion Program, the
undersigned hereby certifies as follows:
1. Defendant is the owner of the real property which is the subject of this
mortgage foreclosure action;
2. Defendant lives in the subject real property, which is defendant's primary
residence;
3. Defendant has been served with a "Notice of Residential Mortgage
Foreclosure Diversion Program" and has taken all of the steps required in that
Notice to be eligible to participate in a court-supervised conciliation
conference.
The undersigned verifies that the statements made herein are true and correct. I
understand that false statements are made subject to the penalties of 18 Pa.C.S. § 4904
relating to unsworn falsification to authorities.
Signature of Defendant's Counsel/Appointed
Legal Representative
Signature of Defendant
Signature of Defendant
Date
Date
Date
FORM 4
HSBC BANK USA, NATIONAL
ASSOCIATION, AS TRUSTEE
FOR DEUTSCHE BANK ALT-A
SECURITIES, INC., MORTGAGE
LOAN TRUST, SERIES 2006-
AB1, MORTGAGE PASS-
THROUGH CERTIFICATES
SERIES 2006-AB 1
Plaintiff(s)
vs.
THOMAS GREENFIELD, JR
Defendant(s)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
• CIVIL ACTION
NO.
CASE MANAGEMENT ORDER
AND NOW, this day of , 2012, the defendant/borrower
in the above-captioned residential mortgage foreclosure action having filed a
Request for Conciliation Conference verifying that the defendant/borrower has
complied with the Administrative Rule requirements for the scheduling of a
Conciliation Conference, it is hereby ORDERED AND DECREED that:
1. The parties and their counsel are directed to participate in a court-supervised
conciliation Conference on at M. in
at the Cumberland County Courthouse, Carlisle,
Pennsylvania.
2. At least twenty-one (21) days prior to the date of the Conciliation Conference,
the defendant/borrower must serve upon the plaintiff/lender and its counsel a
copy of the "Cumberland County Residential Mortgage Foreclosure Diversion
Program Financial Worksheet" (Form 2) which has been completed by the
defendant/borrower. Upon agreement of the parties in writing or at the
discretion of the Court, the Conciliation Conference ordered may be
rescheduled to a later date and/or the date upon which service of the completed
Form 2 is to be made may be extended. Upon notice to the Court of the
defendant/borrower's failure to serve the completed Form 2 within the time
frame set forth herein or such other date as agreed upon by the parties in
writing or ordered by the Court, the case shall be removed from the
Conciliation Conference schedule and the temporary stay of proceedings shall
be terminated.
3. The defendant/borrower and counsel for the parties must attend the
Conciliation Conference in person and an authorized representative of the
plaintiff/lender must either attend the Conciliation Conference in person or be
available by telephone during the course of the Conciliation Conference. The
representative of the plaintiff/lender who participates in the Conciliation
Conference must possess the actual authority to reach a mutually acceptable
resolution, and counsel for the plaintiff/lender must discuss resolution
proposals with the authorized representative of the Conciliation Conference. If
the duly authorized representative of the plaintiff/lender is not available by
telephone during the Conciliation Conference, the Court will schedule another
Conciliation Conference and require the personal attendance of the authorized
representative of the plaintiff/lender at the rescheduled Conciliation
Conference.
4. At the Conciliation Conference, the parties and their counsel shall be prepared
to discuss and explore all available resolution options which shall include:
bringing the mortgage current through a reinstatement; paying off the
mortgage; proposing a forbearance agreement or repayment plan to bring the
account current over time; agreeing to tender a monetary payment and to
vacate in the near future in exchange for not contesting the matter; offering the
lender a deed lieu of foreclosure; entering into a loan modification or a
reverse mortgage; paying the mortgage default over sixty months; and the
institution of bankruptcy proceedings.
5. All proceedings in this matter are stayed pending the completion of the scheduled
conciliation conference.
BY THE COURT
J.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
HSBC Bank USA, N.A.
vs.
Thomas Greenfield, Jr.
OFF CE ;F'h,E ?"ERIFF
V i ED-O F'IC .
THE PROTHONO
2012 MAY -7 PM 12: SO
CUMBERLAND COUNTY
PENNSYLVANIA
Case Number
2012-2415
SHERIFF'S RETURN OF SERVICE
04/27/2012 07:55 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on April
27, 2012 at 1955 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice
of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit:
Thomas Greenfield, Jr., by making known unto himself personally, at 703 Carriage Lane, Mechanicsburg,
Cumberland County Pennsylvania 17050 its contents and at the same time handing to him personally the
said true and correct copy of the same.
S TSHALL, DEPUTY
SHERIFF COST: $38.00
May 02, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
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