HomeMy WebLinkAbout12-3341
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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
BANK OF AMERICA, N.A., S/B/M TO BANK OF
AMERICA, FSB
7105 CORPORATE DRIVE
PLANO, TX 75024
Plaintiff
V.
MARNEY ANN MAIN
JOYCE L. MATTSON
EUGENE C. MATTSON
312 EAST MARBLE STREET
MECHANICSBURG, PA 17055-4263
Defendants
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
NO. { a . 33
CUMBERLAND COUNTY
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File #: 280689
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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 #: 280689
1. Plaintiff is
BANK OF AMERICA, N.A., SB/M TO BANK OF AMERICA, FSB
7105 CORPORATE DRIVE
PLANO, TX 75024
2. The name(s) and last known address(es) of the Defendant(s) are:
MARNEY ANN MAIN
JOYCE L. MATTSON
EUGENE C. MATTSON
312 EAST MARBLE STREET
MECHANICSBURG, PA 17055-4263
who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 08/20/1993 MARNEY ANN MAIN, JOYCE L. MATTSON, and EUGENE C.
MATTSON made, executed and delivered a mortgage upon the premises hereinafter
described to SEARS MORTGAGE CORPORATION which mortgage is recorded in the
Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1159,
Page 196. By Assignment of Mortgage recorded 03/12/1996 the mortgage was assigned
to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book 515,
Page 504.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 #: 280689
5.
6
The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 10/01/2010 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 04/20/2012:
Principal Balance $43,397.80
Interest $5,322.53
09/01/2010 through 04/20/2012
Late Charges $844.91
Property Inspections $576.90
Non Sufficient Funds Charge $15.00
Escrow Deficit $2,918.07
TOTAL $53,075.21
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 #: 280689
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$53,075.21, 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: IP -
a Awood, Esquire
Attornor Plaintiff
File #: 280689
LEGAL DESCRIPTION
ALL that certain piece or parcel of land situate in the Second Ward of the Borough of Mechanicsburg, Cumberland
County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by William B.
Whitlock, Professional Engineer, dated February 11, 1964, as follows:
BEGINNING at a point on the Southern side of East Marble Street, said point being 242 feet West of the
Southwestern corner of East Marble Street and South Chestnut Street, said point also being at the dividing line of
Lots Nos. 7 and 8 on the hereinafter mentioned plan of lots; thence along said dividing line South 9 degrees 30
minutes East one hundred thirty-nine (139) feet to a point on the Northern line of a five foot easement reserved for
public utilities; thence along said easement South 80 degrees 30 minutes West fifty (50) feet to a point at the dividing
line of Lots Nos. 6 and 7 on said plan; thence along said dividing line North 9 degrees 30 minutes West one hundred
thirty-nine (139) feet to a point on the Southern side of East Marble Street; thence along the same North 80 degrees
30 minutes East fifty (50) feet to the point and place of BEGINNING.
BEING all of Lot No. 7 on the South side of Marble Street on a Plan of Lots entitled 'Revised Plan Colonial
Heights', said plan is recorded in Plan Book 4, Page 11, Cumberland County Records.
HAVING THEREON ERECTED a one and one-half story frame dwelling known as 312 East Marble
Street.
BEING the same premises which Robert W. Merrill, Jr. Executor of the Estate and under the last Will and Testament
of Nan T. Merrill (also known as Nan F. Merrill), deceased, by deed dated August 19th, 1993 and which is intended
to be recorded forthwith in the Cumberland County Office of the Recorder of Deeds, granted and conveyed unto
Eugene C. Mattson and Joyce L. Mattson, husband and wife, Mortgagors herein.
PROPERTY ADDRESS: 312 EAST MARBLE STREET, MECHANICSBURG, PA 17055-4263
PARCEL # 17-24-0787-151
File #: 280689
VERIFICATION
hereby states that he/ lie is Laj?JI(9- W of BANK OF
AMERICA, N.A., Plaintiff in this matter, that he/ hRs 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 hiso 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: S I
File#: 280689
Name: MAIN
Name: n Y
Title: kw* " le,
BANK OF AMERICA, N.A.
File #: 280689
FORM I
IN THE COURT OF COMMON PLEAS
BANK OF AMERICA, N.A., SB/M TO BANK OF OF CUMBERLAND COUNTY, PENNSV,YL- AAA _..?
AMERICA, FSB
Plaintiff(s) ; j
`
vs. :. .. ,7 _..4
MARNEY ANN MAIN y c? 7 -,?: 7. -
JOYCE L. MATTSON
EUGENE C. MATTSON F„ -
Defendant(s) - 37Ntcivil
-
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'ihe 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.
Respectfully
' o_
Date
AttorneeMr Plaintiff
Esquire
?r
FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket #
BORRO R REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance, your lender must consider your circumstances to determine
possible opt'ions 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:
Total Mortgage Payments Amount: $
Date of Last Payment:
Home:
Cell:
State: Zip:
How long?
Home:
Cell:
State: Zip:
How long?
Date You Closed Your Loan:
Included Taxes & Insurance:
Office:
Other:
Office:
Other:
Primary Reason for Default:
State: Zip:
Yes ? No E] Listing date: Price: $
Realtor Phone:
Yes ? No ?
.0 1
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: $ $
Automobiles#1: Model:
Amount owed: Value:
Automobile;#2: Model:
Amount owed: Value:
Other transOortation (automobiles, boats, motorcvcles): Model:
Year: Amount owed: Value
Monthly In"me
Name of Employers:
1. Monthly Gross
2. Monthly Gross
3. Monthly Gross
Additional Income Description (not wages):
I . monthly amount:
2. monthly amount:
Borrower Pay Days:
Year:
Year:
Monthly Net,
Monthly Net,
Monthly Net
Co-Borrower Pay Days:
Monthly E4uenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
2° Morta Utilities
Car Payment(s) Condo/Nei . Fees
Auto Insur ce Med. not covered
Auto fuel/re airs Other prop. payment
Install. Loan 'Payment Cable TV
Child Su o Alim. Spending Money
Da /Child Clare/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:
Phone (Office): Fax:
Counselor:
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 lenders loan servicing company to resolve your
delinquency?
Yes ? No F-1
If yes, please indicate the status of those negotiations:
Please provide the following information, if known, regarding your lender and lenders loan servicing
company:
Lenders Contact (Name):
Servicing Company (Name):
Phone:
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 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:
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)
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
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2812 JUL _9 AM g: 44
CU PENNS'YLVA is Y
Bank of America, NA
vs.
Marney Ann Main (et al.)
Case Numbe
2012-3341
SHERIFF'S RETURN OF SERVICE
05/30/2012 11:15 AM - Elizabeth Muller, Deputy Sheriff, who being duly sworn according to law, states that on Ma
30, 2012 at 1115 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and N tic
of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Joyce
L. Mattson, by making known unto herself personally, at 600 Charles Street, Mechanicsburg, Cumberland
County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true nc
correct copy of the same.
ULLER, DEPUTY
06/01/2012 07:30 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on Jun 1
2012 at 1730 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: Marne
Ann Main, by making known unto herself personally, at 312 E. Marble Street, Mechanicsburg, Cumberl nd
County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true nd
correct copy of the same.
STEPHEN BENDER, DEPUTY
07/05/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent seal
and inquiry for the within named defendant to wit: Joyce L. Mattson, 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 Joyce L. Mattson. Request
service at 312 E. Marble Street, Mechanicsburg, Pennsylvania 17055 the Defendant was not found.
Marney Ann Main current resident of this address advised Deputies Joyce L. Mattson does not reside al
this address. To date The Mechanicsburg Postmaster has been unable to provide a good forwarding
address for the Defendant.
07/05/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent sear,
and inquiry for the within named defendant to wit: Eugene C. Mattson, but was unable to locate him in h
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 Eugene C. Mattson. Reque;
for service at 312 E. Marble Street, Mechanicsburg, Pennsylvania 17055 the Defendant was not found.
Marney Ann Main current resident of this address advised Deputies Eugene C. Mattson does not reside
this address. To date The Mechanicsburg Postmaster has been unable to provide a good forwarding
address for the Defendant.
SHERIFF COST: $106.00 SO ANSWERS,
July 05, 012
4RON ANDERSON, SHERIFF
f?t fHE: PROTHoiu I':'
ONOTA6
Phelan Hallinan & Schmieg, LLP 2012 JUL 19 Aid 10: 08 Attorney For Plaintiff
1617 JFK Boulevard, Suite 1400 CIJM- NERLANO COUNTY
One Penn Center Plaza PENNSYLVANIA
Philadelphia, PA 19103
215-563-7000
BANK OF AMERICA, N.A., SB/M TO BANK Court of Common Pleas
OF AMERICA, FSB
Plaintiff Civil Division
vs
: I CUMBERLAND County
MARNEY ANN MAIN No. 12-3341 CIVIL
JOYCE L. MATTSON
EUGENE C. MATTSON
Defendant
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.
Date: l L PHELA?LIN,AN & SCHMIEG, LLP
PHS # 280689
chael Kolesnik, Esq., Id. No.308877
Attorney for Plaintiff
Phelan Hallinan & Schmieg, LLP Attorney For Plaintiff
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
BANK OF AMERICA, N.A., SB/M TO BANK OF
AMERICA, FSB Court of Common Pleas
Plaintiff
Civil Division
vs
CUMBERLAND County
MARNEY ANN MAIN
JOYCE L. MATTSON No. 12-3341 CIVIL
EUGENE C. MATTSON
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:
MARNEY ANN MAIN
JOYCE L. MATTSON
EUGENE C. MATTSON
312 EAST MARBLE STREET
MECHANICSBURG, PA 17055-4263
Date: BY L
John ' ael Kolesnik, Esq., Id. No.308877
Attorney for Plaintiff
PHS # 280689