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Home My WebLink About12-3881 L 4a" i 2D ..sl ( .. It .'(` nL ' jN 'U`l! 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., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. ELIZABETH Z. GRASSMYER 98 SAINT JOHNS ROAD CAMP HILL, PA 17011-6827 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM ot NO. 19 8 l ul ? CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 299968 6) ts. e?.? Jaon7a 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 #: 299968 1. Plaintiff is BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: ELIZABETH Z. GRASSMYER 98 SAINT JOHNS ROAD CAMP HILL, PA 17011-6827 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/20/2003 ELIZABETH Z. GRASSMYER made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR AMERICAN RESIDENTIAL MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1832, Page 1237. By Assignment of Mortgage recorded 03/26/2012 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201208603.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 12/01/2011 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 File #: 299968 by written notice sent to Mortgagor, the entire principal balance and all interest due 6. thereon are collectible forthwith. The following amounts are due on the mortgage as of 05/16/2012: Principal Balance $77,376.20 Interest $2,507.39 11/01/2011 through 05/16/2012 Late Charges $79.50 Property Inspections $40.00 Escrow Deficit $1,788.44 TOTAL $81,791.53 7. 8. Plaintiff is not seeking a judgment of personal liability (or an in uersonam 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 #: 299968 LEGAL DESCRIPTION ALL THAT CERTAIN tract o parcel of land and premises situate in the Township of Lower Allen, County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point at the southwesterly corner of St. John's Church Road and Oneida Road; thence along the westerly line of St. John's Church road, South thirty-six (36) degrees East, seventy-nine (79) feet to a point; thence South fifty-four (54) degrees West, eighty-five (85) feet to a point at the dividing line between Lots Nos. 7 and 8 on said Plan; thence along same, North thirty-six (36) degrees West seventy-nine (79) feet to a point on the southerly line of Oneida Road aforesaid; thence along same, North fifty-four (54) degrees East eighty-five (85) feet to a point, the place of BEGINNING. UNDER AND SUBJECT to all easements, restrictions, and encumbrances and other matters of record or which a physical inspection or survey of the premises would reveal. PROPERTY ADDRESS: 98 SAINT JOHNS ROAD, CAMP HILL, PA 17011-6827 PARCEL # 13-23-0555-126- File #: 299968 VERIFICATION rm 6 f i6 ?wi A , hereby states that he/(4 is Ass(sy"- u to 4;? Ptstkarbf BANK OF AMERICA, N.A., 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 hisq9 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 U < 6 ) -2-01 Z. File#: 299968 Name: GRASSMYER Name: SkA ujA ,MaIZtC Sn IV Title: kss 1 S-VAM- "?QJQ5' P??S r BANK OF AMERICA, N.A. File #: 299968 . Pa.R.-C P. 205.5 FORM 1 Updated 0110112011 IN THE COURT OF COMMON PLEAS BANK OF AMERICA, N.A., AS SUCCESSOR BY OF CUMBERLAND COUNTY, PENNSYLVANIA MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP 771 ,-<< Plaintiff(s) VS.) .?i IJ 7t C) ELIZABETH Z. GRASSMYER Defendant(s) W f Civil 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 he 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. cn)lq Date JKshwood, Esquire 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: State: Zip: Is the property for sale? Yes ? No El Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ? No ? Mailing Address (if different): City: Phone Numbers: Email: # of people in household: Mailing Address: City: Phone Numbers: Email: # of people in household: State: Zip: Home: Office: Cell: Other: How long? State: Zip: Home: Office: Cell: Other: How long? First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Date of Last Payment: Included Taxes & Insurance: 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: Year: Year: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net 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° Morta e Utilities Car Pa ment(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/Tuit. 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): 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): 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 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) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ??tiky?1? of Ca,iEtatr,+ai?Xb 2912 JUL -3 AM 8: 24 Richard W Stewart Solicitor F CUMBERLAND CUUNI'Y PENNSYLVANIA Bank of America, NA Case Number vs. 2012-3881 Elizabeth Z. Grassmyer SHERIFF'S RETURN OF SERVICE 06/21/2012 05:24 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on June 21, 2012 at 1724 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Elizabeth Z. Grassmyer, by making known unto herself personally, at 98 Saint Johns Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. MI AEL BARRICK, PUTY SHERIFF COST: $43.00 June 28, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF Phelan Hallinan & Schmieg,`L~.`~"'-~ ~ ~' ~~ ~ ~ Atl:orney For Plaintiff 1617 JFK Boulevard, Suite 1400 t s„''.) ~~~~ One Penn Center Plaza ~ ~, h~ ~,~ ~ ~ ~ ;~q~ ~!, Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A., AS SUCCESSOR Court of Common Pleas BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE Civil Division HOME LOANS SERVICING, LP i Plaintiff CUMBERLAND County vs No. 12-3881-CIVIL ELIZABETH Z. GRASSMYER 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. ^ Please Vacate the Judgment entered. Date; ___-err ~ ~ ~-m~ PI-~rELA.N H~LLINAN SC MIEG, I.LF` ;, Bye , ~--- Melissa J. Cantwell, Esq., I . 0308912. Attorney for Plaintiff PHS # 299968 Phelan Hallman & Schinieg, LLP 1617 JFK E3oulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff BANK OF AMERICA, N.A., AS SUCCESSOR Court of Common Pleas BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff Civil Division ~~ CUMBERLAND County ELIZABETH L. GRASSMYER No. 12:-3881-CNIL Defendant CERTIFICATION OF SERVICE I hereby certify true and correct copies of the fore;;oing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: ELIZABETH Z. GRASSMYER 98 SAINT JOHNS RO,!~D CAMP HILL, PA 1 70 1 1-6827 'Df;~ 1? 2011 Date: ____'_ __ P ELAN LLINA HMIE(' PHS # 299968 J, L,LP B,~_~ ~~~' ___ ~, ~' ~' Melissa J. Cantwell, Esq.,Td:~No.30891 Attorney for Plaintiff