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Home My WebLink About12-3451' g. _ s _ i • 1 i_; _? F . J F: 1: PHELAN HALLINAN & SCHMIEG, LLP Chrisovalante,P. Fliakos, Esq., Id. No.94620 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. ANGEL C. MARQUEZ SERENA A. MARQUEZ 7305 GRACE STREET FONTANA, CA 92336-2355 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. C l 0 l I CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 290630 S ? UGo3l??1 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 #: 290630 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: ANGEL C. MARQUEZ SERENA A. MARQUEZ 7305 GRACE STREET FONTANA, CA 92336-2355 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 01/31/2007 ANGEL C. MARQUEZ and SERENA A. MARQUEZ made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR ERA HOME LOANS which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1981, Page 2469 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 06/01/2011 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. 6. The following amounts are due on the mortgage as of 02/03/2012: File #: 290630 Principal Balance $182,663.34 Interest $7,417.42 05/01/2011 through 02/03/2012 Late Charges $712.92 Property Inspections $96.00 Mortgage Insurance Premium / $397.72 Private Mortgage Insurance Escrow Deficit $2,796.94 TOTAL $194,084.34 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 #: 290630 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $194,084.34, 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: C"-- 4?-? Chrisovalante P. Fliakos, Esquire Attorney for Plaintiff File #: 290630 LEGAL DESCRIPTION ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Township of Upper Allen, in the county of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows, to wit: BEGINNING at a point on the northeastern corner of Lot No. 150; thence along part of Lot No. 166, land now or formerly of Bowmans Hill, Phase I, North 53 degrees 36 minutes 08 seconds East, a distance of 26.20 feet; thence along Lot No. 166-A, land now or formerly of Bowmans Hill, Phase I, South 84 degrees 51 minutes 50 seconds East, 20.72 feet to a point; thence continuing along Lot No. 166-A, land now or formerly of Bowmans Hill, Phase 1, North 53 degrees 56 minutes 11 seconds East, 36.76 feet to a point at the corner of Lot No. 148; thence along Lot No. 148, South 52 degrees 07 minutes 15 seconds East, 92.53 feet to a point at the southwestern corner of Lot No. 148 and Rolling Hills Drive (a 50 foot right of way); thence along Rolling Hills Drive (a 50 foot right of way) along a curve to the right having a radius of 275.00 feet an arc distance of 115.77 and a chord bearing of South 49 degrees 56 minutes 23 seconds West, a chord length of 114.92 feet to a point; thence continuing along Rolling Hills Drive, South 67 degrees 00 minutes 00 seconds West, a distance of 5.00 feet to a point at the southeastern corner of Lot No. 150; thence along Lot No. 150, North 23 degrees 00 minutes 00 seconds West, 103.86 feet to a point, the point and place of BEGINNING. CONTAINING 10,000.4 square feet. File #: 290630 BEIGN Lot No. 149 on the Final Subdivision Plan for Bowmans Hill Phase III, date June 16, 1994 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 70 page 39. PROPERTY ADDRESS: 2430 ROLLING HILLS DRIVE, MECHANICSBURG, PA 17055-9215 PARCEL # 42-30-2112-037 File #: 290630 VERIFICATION D= FOYe , hereby states that he/she is of, PHH ent MORTGAGE CORPORATION, Plaintiff in this matter, 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 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. By PHH Mortgage Corporation, Dates t I?' PHS#: 290630 Name: MARQUEZ Its authorized agent, By File #: 290630 PHH MORTGAGE IN THE COURT OF COMMON PLEAS OF CORPORATION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW NO. 12-3451-CIVIL VS. ANGEL C. MARQUEZ and SERENA A. MARQUEZ, Defendants ORDER AND NOW, this day of June, 2012, proceedings herein are stayed pending compliance with our Administrative Order dated February 28, 2012, and, specifically, pending service of the Notice of Residential Mortgage Foreclosure Diversion Program and the Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet set forth in Form 1 and Form 2, as amended, attached to said Administrative Order. BY THE COURT, ,--A'. 'q- Kevin . A/fIess. P. J. Esquire Chrisovalante P. Fliakos , For the Plaintiff r''' `l' `-- `? --' U1 r- v Angel C. Marquez x> Serena A. Marquez < 7305 Grace Street , Fontana, CA 92336-2355 ==` ?:»y . -' :rim (e5 ZOO// 14,1 ?- SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor a?ttp#utnGer??t0 OFf CE .;: ?HE S-EWF I? 2{ ! i. k, A' PHH Mortgage Corporation vs. Angel C. Marquez (et al.) Case Number 2012-3451 SHERIFF'S RETURN OF SERVICE 06/19/2012 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: Angel C. Marquez, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Angel C. Marquez. Request for service at 2430 Rolling Hills Drive, Mechanicsburg, Pennsylvania 17055 is vacant. To date The Mechanicsburg Postmaster has been unable to provide a good forwarding address for the Defendant. 06/19/2012 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: Serena A. Marquez, but was unable to locate her in his bailiwick. He therefore retums the within Complaint in Mortgage Foreclosure as not found as to the defendant Serena A. Marquez. Request for service at 2430 Rolling Hills Drive, Mechanicsburg, Pennsylvania 17055 is vacant. To date The Mechanicsburg Postmaster has been unable to provide a good forwarding address for the Defendant. SHERIFF COST: $64.00 June 19, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF foi Gount,Suite Shenff. Teloosoft . Inc. Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plain' ,. , =z =- n w G r- I T 4 PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff vs ANGEL C. MARQUEZ SERENA A. MARQUEZ Defendant TO THE PROTHONOTARY: Civil Division CUMBERLAND County No. 12-3451-CIVIL PRAECIPE CCD 3 j ® 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: PHELAN ALLINAN & SCHMIEG, LLP By: PHS # 290630 chael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff M ` Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff vs ANGEL C. MARQUEZ SERENA A. MARQUEZ Defendant Attorney For Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No. 12-3451-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: ANGEL C. MARQUEZ SERENA A. MARQUEZ 7305 GRACE STREET FONTANA, CA 92336-2355 Date: By: John chael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff PHS # 290630