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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
289664
BANK OF AMERICA, N.A. SUCCESSOR BY
MERGER TO BAC HOME LOANS SERVICING, L.P
F/K/A COUNTRYWIDE HOME LOANS
SERVICING, L.P.
7105 CORPORATE DRIVE
PLANO, TX 75024
Plaintiff
V.
TIMOTHY S. BUTLER
SUSAN R. LARUE
234 BROOKRIDGE COURT
HARRISBURG, PA 17112-9335
Defendants
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM /p
NO. ('a --a`l Lc? 0-ml
CUMBERLAND COUNTY
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File #: 289664
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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 #: 289664
1. Plaintiff is
BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS
SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P.
7105 CORPORATE DRIVE
PLANO, TX 75024
2. The name(s) and last known address(es) of the Defendant(s) are:
TIMOTHY S. BUTLER
SUSAN R. LARUE
234 BROOKRIDGE COURT
HARRISBURG, PA 17112-9335
who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 03/28/2008 TIMOTHY S. BUTLER and SUSAN R. LARUE made, executed and delivered a
mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC. SOLELY AS NOMINEE FOR COUNTRYWIDE BANK,
FSB which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in
Mortgage Book 1962, Page 1123. By Assignment of Mortgage recorded 10/24/2011 the
mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of
Mortgage Book 2146, Page 1838.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 02/01/2011 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.
File #: 289664
6. The following amounts are due on the mortgage as of 01/27/2012:
Principal Balance $107,413.83
Interest $6,672.20
01 /01 /2011 through 01 /27/2012
Late Charges $351.80
Property Inspections $90.00
Escrow Deficit $4,272.72
Subtotal $118,800.55
Suspense Credit 8.48
TOTAL $118,792.07
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. The mortgage premises are vacant and abandoned.
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$118,792.07, 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,4ALLINAN & SCHMIEG, LLP
By:
Esquire
Plaintiff
File #: 289664
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land situate in Fairview Township, York County, Pennsylvania
more particularly bounded and described as follows, to Wit:
BEGINNING at an iron pipe on Eastern line of Lewisberry Road being L.R. 114 formerly L.R.
250 at Northern line of lands of Floyd P. and Ruth E. Shaffer; thence North 42 degrees 18
minutes 40 seconds West by Eastern line of Lewisberry Road 113.01 feet to a point; thence by
lands now or late of Robert E. Junkins et ux and beyond by lands of Randall L. Harurne et ux,
North 50 degrees 35 minutes 30 seconds East 122.41 feet to a point; Thence North 52 degrees 02
minutes 10 seconds East 74.35 feet to a point; thence by lands now or late of Floyd P. Shaffer et
ux South 42 degrees 43 minutes 30 seconds East 105.17 feet to a point; thence by same south 48
degrees 51 minutes west 182.88 feet to the point and place of BEGINNING.
HAVING thereon erected a house known at 622 Lewisberry Road and being Lot 2 on Plan
recorded in the York Recorder of Deeds Office in Plan Book FF Page 259.
BEING the same premises which Levi Shaffer Et iax by deed dated May 31, 1926 and recorded
in the York County Recorder of Deeds Office in Deed Book 25E Page 697 granted and conveyed
to Edna Hazel Shaffer and Merl Leroy Shaffer, Husband and Wife.
PROPERTY ADDRESS: 622 LEWISBERRY ROAD, NEW CUMBERLAND, PA 17070-
2710
PARCEL # 27-RF-214
File #: 289664
VERIFICATION
S'ultu,jA AAAAL6 hu,a, hereby states that he/&i is ,4SS?sr u 1p-e A&rof BANK OF
AMERICA, N.A., Plaintiff in this matter, that h e 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 hisle cc 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: ??vN? Ma2t? ?'ne tTW
DATE: keg 1 fl o l
Title: ?5 s i St'?4n>~t` v t ek W Grin a\tT
BANK OF AMERICA, N.A.
File#:289664 (FHA)
Name: BUTLER
File #: 289664
BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO
PAC HOME LOANS SERVICING, L.P. FWA COUNTRYWIDE
HOME LOANS SERVICING, L.P.
Plaintiff(s)
vs.
TIMOTHY S. BUTLER
SUSAN R. LARUE
Defendant(s)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND UN?
PENNSTLV ; -
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 an attorney, 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 not
charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative
within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all
the 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 file 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 attempt to work out a reasonable arrangement 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 the 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 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 our reasonable arrangements 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.
Respectfully submitted:
Date Sig atur f Counsel for Plaintiff
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Please 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 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:_
Loan:
Loan Number:
Second Mortgage Lender:
of Loan:
Loan Number:
Total Mortgage Payments Amount: $
Date of Last Payment:
How long?
State: Zip:
Yes F] No ? Listing date: Price: $_
Realtor Phone:_
Yes ? No ?
Home:
Cell:
Home:
Cell:
State: Zip:
Office:
Other:
Office:
Other:
State: Zip:
How long?
Type of
Date you Closed Your Loan:
Included Taxes & Insurance:
Type
Primary Reason for Default:
Is the loan in Bankruptcy? Yes ? No ?
If yes, provide names, location of court, case number & attorney:
Assets Amount Owed: Value:
Home: $ $
Other Real Estate: $ $
Retirement Funds: $ $
Investments: $ $
Checking: $ $
Savings: $ $
Other: $ $
Automobile #1: Model:
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/repairs Other prop. payment
Install. Loan Payment Cable TV
Child Support/Alim. Spending Money
Day/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 ?
If yes, please provide the following information:
Counseling Agency:
Counselor:
Phone (Office):
Email:
Fax:
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 you know, regarding your lender or lender's loan
servicing company:
Lender's Contact (Name):
Phone:
Servicing Company (Name):
Contact: 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 services provided by the above named
Borrower Signature
Co-Borrower Signature
Date
Date
Please forward this page along with the following information to lender:
1. Proof of income
2. Past 2 bank statements
3. Proof of any expected income for the last 45 days
4. Copy of a current utility bill
5. Letter explaining reason for delinquency and any supporting documentation
(hardship letter)
6. Listing agreement (if property is currently on the market)
Phelan Hallinan & Schmieg, LLP
1617 HK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
3
torney For Plaintiff
2 N Y -2 Ali f0: 1
CUMBERLANO
DENNSYLY, hiA
BANK OF AMERICA, N.A.
SUCCESSOR BY MERGER TO BAC
HOME LOANS SERVICING, L.P.
F/K/A COUNTRYWIDE HOME
LOANS SERVICING, L.P.
Plaintiff
vs
TIMOTHY S. BUTLER
SUSAN R. LARUE
Defendant
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 12-2463 CIVIL
PRAECIPE
TO THE PROTHONOTARY:
® 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.
zj?A & SCHMIEG, LLP
Date: S / Z PHELAN-
ichael Kolesnik, Esq., Id. No.308877
Attorney for Plaintiff
PHS # 289664
Phelan Hallinan & Schmieg, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
BANK OF AMERICA, N.A. SUCCESSOR BY
MERGER TO BAC HOME LOANS SERVICING,
L.P. F/K/A COUNTRYWIDE HOME LOANS
SERVICING, L.P.
Plaintiff
vs
TIMOTHY S. BUTLER
SUSAN R. LARUE
Defendant
Attorney For Plaintiff
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 12-2463 CIVIL
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:
TIMOTHY S. BUTLER
SUSAN R. LARUE
234 BROOKRIDGE COURT
HARRISBURG, PA 17112-9335
Date: -o 2 By:
John chael Kolesnik, Esq., Id. No.308877
Attorney for Plaintiff
PHS # 289664