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HomeMy WebLinkAbout12-34380i rn 1, ,T1. ," n rF# n i vt i ,U ?iND COW rt t/p ,1 r PHELAN HALLINAN & SCHMIEG, LLP Robert W. Cusick, Esq., Id. No.80193 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NATIONSTAR MORTGAGE, LLC 350 HIGHLAND DRIVE LEWISVILLE, TX 75067 Plaintiff V. CLARK D. HERMAN SHIRLEY G. HERMAN 605 PROSPECT AVENUE SHIPPENSBURG, PA 17257-8988 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. a 3 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 291366 ?:)awk?lUS.7?a C??-??qy arq 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 ABOUTHIRING 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 #: 291366 I. Plaintiff is NATIONSTAR MORTGAGE, LLC 350 HIGHLAND DRIVE LEWISVILLE, TX 75067 2. The name(s) and last known address(es) of the Defendant(s) are: CLARK D. HERMAN SHIRLEY G. HERMAN 605 PROSPECT AVENUE SHIPPENSBURG, PA 17257-8988 who is/are the mortgagor(s) of the property hereinafter described. 3. On 02/8/2007 CLARK D. HERMAN and SHIRLEY G. HERMAN made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR FREMONT INVESTMENT LOAN which mortgage is recorded in the Office of the Recorder of Deeds of FRANKLIN County, in Mortgage Book 3397, Page 406. 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 04/01/2011 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 #: 291366 6. The following amounts are due on the mortgage Principal Balance Interest 03/01/2011 through 05/23/2012 Property Inspections Property Preservations BPO Escrow Deficit Subtotal Suspense Credit TOTAL 7 8. $192,689.60 $4,728.39 $64.05 $1,435.00 $125.00 $5,049.99 $204,092.03 ($170.32) $203,921.71 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. The mortgage premises are vacant and abandoned. File #: 291366 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $203,921.71, 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. AN & SCHMIEG, LLP By Roafekt W. Cuskk, Esquire Attorney for Plaintiff File #: 291366 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situates in the borough of Shippensburg, Franklin county, Pennsylvania, bounded and limited as follows: TRACT no. 1: BEGINNING at a point on the northwestern side of a 50 foot street known as Clifton road; thence by the line of lot #16, in section B on the plan of lots for E. C. Herr and L. H. Herr, said plan being recorded in the office of recorder of deeds of Franklin county, Pennsylvania as deed book 287A, page 239, north 57 degrees 4 minutes west 103 feet to a point common to lot nos. 11, 12, 15, and 16 in said section B of said plan of lots; thence by the line of lot no. 12, section B, south 32 degrees 56 minutes west 73 feet to a point at or along a 50 foot street known as Prospect avenue; thence along Prospect avenue, south 57 degrees 4 minutes east 103 feet to a point at the intersection of Prospect avenue and Clifton road; thence by Clifton road, north 32 degrrees 56 minutes east 73 feet to a point, the place of beginning. BEING lot no. 15, section B on a plan of lots for Herwin village, surveyed for E.C. Herr and L.H. Herr by John H. Atherton, C.S., dated June 9, 1953 and revised August 24, 1954, and recorded in the office of recorder of deeds of Franklin county, Pennsylvania at deed book 287A, page 239. TRACT no. 2: BEGINNING at a point on the northwestern side of Clifton road at a corner common to lot nos. 15 and 16 in section B of a plan of lots of Herwin village, prepared by E.C. Herr and L.H. Herr File #: 291366 by John Atherton, C.S., dated June 9, 1953 and revised August 24, 1954, and recorded in the office of recorder of deeds of Franklin county, Pennsylvania at deed book 287A, page 239, which point is 73 feet from the intersection of the lot lines on the northwestern side of Clifton road and the lot lines on the northwestern side of Prospect avenue, on a course north 32 degrees 56 minutes east; thence from said point of beginning by Clifton road, north 32 degrees 56 minutes east 60 feet toa point at the corner common to lot nos. 16 and 17 in said section B of said plan of lots; thence by the line of lot no. 17, section B north 57 degrees 4 minutes west 103 feet to a point in line of lot no. 11, section B; thence by the line of lot no. 11, section B, south 32 degrees 56 minutes west 60 feet to a point at the corner common to lot nos. 11, 12, 15, and 16, in section B; thence by the line of lot no. 15, section B, south 57 degrees 4 minutes east 103 feet to a point on the northwestern side of Clifton road, the place of beginning. PROPERTY ADDRESS: 605 PROSPECT AVENUE, SHIPPENSBURG, PA 17257-8988 PARCEL # 27-088-021 File #: 291366 VERIFICATION Troy Cook, hereby states that he/she is Assistant Secret of NATIONSTAR MORTGAGE, LLC, 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 unsworn falsification to authorities. DATE: 51a , 11 '4?0. r U 5laqlli? ame: Trey Cook Title: Assistant Secretary File#: 291366 Name: HERMAN NATIONSTAR MORTGAGE, LLC File #!: 291366 NATIONSTAR MORTGAGE, LLC Plaintiff(s) vs. CLARK D. HERMAN SHIRLEY G. HERMAN Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSTLVANIA ? C - 3 k 3? ?G?Mi1 ?' 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 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 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. 01.01 dc?kw a Date Signature of Counsel for Plaintiff Robert W. Cusick, Esquire Id., No. 80193 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: State: Zip: Is the property for sale? Yes ? No ? Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ? No ? Mailing Address (if different): City: Phone Numbers: Home: Email: # of people in household: State: Zip: Other: Office: Cell: How long? First Mortgage Lender:_ Loan Number: Second Mortgage Lender: Loan Number: Total Mortgage Payments Amount: $ Date of Last Payment: Date you Closed Your Loan: Type of Loan: Included Taxes & Insurance: Type of Loan: City: State:--Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? Primary Reason for Default: Is the loan in Bankruptcy? Yes F-1 No F1 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 trans?artation (automobiles, boats, motorcvcles): Model: owed: Value Monthly Income Name of Employers: 1. Year: Amount 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 Pa ment(s) Condo/Nei h. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su oirt/Alim. Spending Money Da /Child Care/Twit. Other Expenses Year: Year: 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): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ? Non 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 F1 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 I/we am/are under no obligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this page along with the following information to lender: I. 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 ?ot?rrtr of CatntP??r?a??6 ,?=-M :,;u Jody S Smith Chief Deputy Richard W Stewart ?' - Solicitor E = c-0 Nationstar Mortgage LLC vs. Case Number Clark D. Herman (et al.) 2012-3438 SHERIFF'S RETURN OF SERVICE 05/31/2012 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: Clark D. Herman, 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 Clark D. Herman. Request for service at 605 Prospect Avenue, Shippensburg, Pennsylvania 17257 is located in Franklin County. 05/31/2012 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: Shirley G. Herman, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Shirley G. Herman. Request for service at 605 Prospect Avenue, Shippensburg, Pennsylvania 17257 is located in Franklin County. 06/11/2012 06:09 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on June 11, 2012 at 1809 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: Shirley G. Herman, by making known unto herself personally, at 1117 Columbus Avenue, Apartment 3, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to her personally the said true and correct copy of the same. TSHALL, UTY 06/12/2012 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: Clark D. Herman, but was unable to locate him 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 Clark D. Herman. Request for service at 1117 Columbus Avenue, Apartment 3, Lemoynem, Pennsylvania 17043 the Defendant was not found. Shirley Herman advised Deputies, Clark D. Herman is thought to be residing in Franklin County, Pennsylvania. SHERIFF COST: $127.00 June 12, 2012 SO ANSWERS, ROW R ANDERSON, SHERIFF (c; ceunrySulte Shenft. Teiecsoft, Iri .