HomeMy WebLinkAbout12-2462n ..try ? fa ?,
I h
YL.',?1
PHELAN HALLINAN & SCHMIEG, LLP
Matthew Brushwood, Esq., Id. No.310592
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
290474
THE BANK OF NEW YORK MELLON FKA THE
BANK OF NEW YORK AS TRUSTEE FOR THE
BENEFIT OF THE CERTIFICATEHOLDERS OF
THE CWABS INC., ASSET-BACKED
CERTIFICATES, SERIES 2004-2
7105 CORPORATE DRIVE
PLANO, TX 75024
V.
Plaintiff
JOAN B. HARRISON
10 LIBERTY DRIVE
MOUNT HOLLY SPRINGS, PA 17065-1022
Defendant
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
NO. O-L( ?l °2 ui l
CUMBERLAND COUNTY
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File #: 290474
0
Q A4 % 1017Sp( Q
C,??I1?a3?o
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 #: 290474
I . Plaintiff is
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS
TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF THE CWABS
INC., ASSET-BACKED CERTIFICATES, SERIES 2004-2
7105 CORPORATE DRIVE
PLANO, TX 75024
2. The name(s) and last known address(es) of the Defendant(s) are:
JOAN B. HARRISON
10 LIBERTY DRIVE
MOUNT HOLLY SPRINGS, PA 17065-1022
who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 12/18/2003 JOAN B. HARRISON made, executed and delivered a mortgage upon the
premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INCORPORATED AS A NOMINEE FOR FULL SPECTRUM LENDING,
INC. which mortgage is recorded in the Office of the Recorder of Deeds of
CUMBERLAND County, in Mortgage Book 1849, Page 1789, Instrument No.
200368904. By Assignment of Mortgage recorded 05/15/2006 the mortgage was
assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book
0727, Page 0265, Instrument No. 200616304.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 #: 290474
5.
6.
The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 08/01/2011 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.
The following amounts are due on the mortgage as of 02/03/2012:
Principal Balance $163,781.80
Interest $1,928.69
07/01/2011 through 02/03/2012
Late Charges $0.00
Property Inspections $614.00
Escrow Deficit $2,694.75
TOTAL $169,019.24
7
8
Plaintiff is not seeking a judgment of personal liability (or an in person am 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 #: 290474
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$169,019.24, 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_MALLINAN & SCHMIEG, LLP
By:
Esquire
Plaintiff
File #: 290474
LEGAL DESCRIPTION
ALL that certain tract of land situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania,
bounded and described in accordance with a Plan prepared by Walter N. Heine Associates, Inc., dated December 8,
1989 and recorded in Plan Book 64, Page 90 as follows:
BEGINNING at a point in western right-of-way line of Liberty Drive at corner of Lot No. 8 on said Plan; thence
along Lot No. 8, South 70 degrees 27 minutes 10 seconds West 100.48 feet to a point on eastern right-of-way of PA
Route 94; thence along right-of-way line of PA Route 94, North 20 degrees 03 minutes 31 seconds West 87.00 feet
to a point; thence along Lot No. 6 on Plan, North 70 degrees 27 minutes 10 seconds East 101.26 feet to a point in
western right-of-way of Liberty Drive; thence along said line of Liberty Drive, South 19 degrees 32 minutes 50
seconds East 87.00 feet to a point the Place of BEGINNING.
CONTAINING 0.2015 acre and designated as Lot No. 7 of Liberty Woods.
BEING part of the same premises which Oakwood Homes, Inc., by Deed dated June 30, 1995 and recorded July 3,
1995 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 124, page
662, granted and conveyed unto Paul H. Haut, Jr. and Elizabeth M. Hallet, husband and wife.
AND BEING the same premises which Paul H. Haut, Jr. and Elizabeth M. Hallett, husband and wife, by deed dated
and recorded even date herein in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania,
granted and conveyed unto Joan B. Harrison.
PROPERTY ADDRESS: 10 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1022
PARCEL # 23-35-2316-065
File #: 290474
VERIFICATION
- hereby states that h /cshe;is,
of BANK OF
AMERICA, N.A., servicing agent for Plaintiff in this matter, that he*' 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 er 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.
DATE: -J i .
File#: 290474
Name: HARRISON
r
Name: 71 1? Z I"T (.
Title
,,>? 1 Z??, C11 l C ?e'?.._50:' 1
BANK OF AMERICA, N.A.
File #: 290474
FORM 1
THE BANK OF NEW YORK MELLON FKA
THE BANK OF NEW YORK AS TRUSTEE FOR
THE BENEFIT OF THE
CERTIFICATEHOLDERS OF THE CWABS
INC., ASSET-BACKED CERTIFICATES,
SERIES 2004-2
Plaintiff(s)
VS.
JOAN B. HARRISON
Defendant(s)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENTJRYL NIa4]
7 Y`J
r1i
'
r
Z
1 (7)
47
. y
)a. a -/to 01civil
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.
L1
Date
Attorney for Plaintiff
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:
State: Zip:
Yes ? No El Listing date: Price: $
Realtor Phone:
Yes ? No El
State: Zip:
Home: Office:
Cell: Other:
How long?
State: Zip:
Home: Office: _
Cell: Other:
How long?
Date You Closed Your Loan:
Total Mortgage Payments Amount: $
Date of Last Payment:
Primary Reason for Default:
Included Taxes & Insurance:
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:
Value:
Automobile #l: Model: Year:
Amount owed: Value:
Automobile #2: Model: Year:
Amount owed: Value:
Other transportation (automobiles. boats. motorcvcles): 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
2nd Mortgage Utilities
Car Payment(s) Condo/Nei h. 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 El 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 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 I/we am/are under no
obligation to use the counseling services provided by the above named
Borrower Signature
Date
Co-Borrower Signature Date
Please forward this document along with the following information to lender and lender's
counsel:
Proof of income
Past Z 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)
Phelan Hallinan & Schmieg, LLP attorney For Plaintiff
1617 JFK Boulevard, Suite 1400 Ali 9: 2'8'
One Penn Center Plaza
Philadelphia, PA 19103 ' IBrRLAND COUNT'
`
215-563-7000 PENNSYLVANIA r
THE BANK OF NEW YORK
MELLON FKA THE BANK OF NEW
YORK AS TRUSTEE FOR THE
BENEFIT OF THE
CERTIFICATEHOLDERS OF THE
CWABS INC., ASSET-BACKED
CERTIFICATES, SERIES 2004-2
Plaintiff
vs
JOAN B. HARRISON
Defendant
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 12-2462-CIVIL
TO THE PROTHONOTARY:
PRAECIPE
® 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
Date:
SCHMIEG, LLP
Allison F' l.S,.Esq., Id. No-309519
Attorney for Plaintiff
PHS # 290474
i
Phelan Hallinan & Schmieg, LLP Attorney For Plaintiff
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
THE BANK OF NEW YORK MELLON FKA THE
BANK OF NEW YORK AS TRUSTEE FOR THE Court of Common Pleas
BENEFIT OF THE CERTIFICATEHOLDERS OF
THE CWABS INC., ASSET-BACKED Civil Division
CERTIFICATES, SERIES 2004-2
Plaintiff CUMBERLAND County
vs No. 12-2462-CIVIL
JOAN B. HARRISON
Defendant
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:
JOAN B. HARRISON
10 LIBERTY DRIVE
MOUNT HOLLY SPRINGS, PA 17065-
1022
Date:
PHS # 290474
JOSEPH D. BUCKLEY, ESQUIRE
1237 HOLLY PIKE
CARLISLE, PA 17013
By:
Wells, Esq., No.309519
Attorney for Plaintiff
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
???t?tt, of ?+tartbr?.??d
F! L E 0 - O!V Tm
.?! THE PPOTHONCI1 A ,`E
2012 MAY -8 AM 9: 55
Richard W Stewart
Solicitor
OFF SCE 'HE t a
CUMBERLAND S AN1 T Y
The Bank of New York Mellon
vs.
Joan B. Harrison
Case Number
2012-2462
SHERIFF'S RETURN OF SERVICE
04/24/2012 08:05 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on April 24,
2012 at 2005 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: Occupant
of 10 Liberty Drive, Mount Holly Springs, Pennsylvania 17065, by making known unto Lisa Aponte,
Occupant of 10 Liberty Drive, Mount Holly Springs, Cumberland County, Pennsylvania 17065 its contents
and at the same time handing to her personally the said true and correct copy of the same.
DENNI RY, DEPU?
04/26/2012 07:55 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on April
27, 2012 at 1755 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: Joan B.
Harrison, by making known unto Richelle Harrison, Daughter of Defenedant at 10 Liberty Drive, Mount
Holly Springs, Cumberland County, Pennsylvania 17065 its contents and at the same time handing to her
personally the said true and correct copy of the same.
EPHEN B NDER, DEPUTY
04/30/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Joan B. Harrison, but was unable to locate her in his
bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure and Notice of Residential
Mortgage Foreclosure Diversion Program as not found as to the defendant Joan B. Harrison. Request for
service at 10 Liberty Drive, Mount Holly Springs, Pennsylvania 17065 the Defendant was not found. Joan
B. Harrison currently resides at 11 Parker Springs Avenue, Carlisle, Pennsylvania 17013.
SHERIFF COST: $78.00
May 02, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
(ci CountySutte Shenff. Teieoaott. inr,.