HomeMy WebLinkAbout12-3908
2ER AND CCU,; .,
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. SUCCESSOR BY
MERGER TO LASALLE BANK MIDWEST, N.A
7105 CORPORATE DRIVE
PLANO, TX 75024
Plaintiff
V.
WILLIAM L. GESSNER
PEGGY S. GESSNER
313 VALLEY STREET
SUMMERDALE, PA 17093-8042
Defendants
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM n
No. I a - '39
CUMBERLAND COUNTY
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File #: 264056
Cry la>1?ey
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 #: 264056
1. Plaintiff is
BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO LASALLE BANK
MIDWEST, N.A.
7105 CORPORATE DRIVE
PLANO, TX 75024
2. The name(s) and last known address(es) of the Defendant(s) are:
WILLIAM L. GESSNER
PEGGY S. GESSNER
313 VALLEY STREET
SUMMERDALE, PA 17093-8042
who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 11/29/2003 WILLIAM L. GESSNER and PEGGY S. GESSNER made, executed and
delivered a mortgage upon the premises hereinafter described to ABN AMRO
MORTGAGE GROUP, INC. which mortgage is recorded in the Office of the Recorder
of Deeds of CUMBERLAND County, in Mortgage Book 1848, Page 1943. By
Assignment of Mortgage recorded 06/29/2007 the mortgage was assigned to PLAINTIFF
which Assignment is recorded in Assignment of Mortgage Book 738, Page 832.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 #: 264056
5.
6
The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 04/08/2010 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 03/20/2012:
Principal Balance $84,833.47
Interest $8,623.61
03/08/2010 through 03/20/2012
Late Charges $173.76
Property Inspections $50.00
Non Sufficient Funds Charge $60.00
Escrow Deficit $6,939.46
TOTAL $100,680.30
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 #: 264056
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$100,680.30, 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.
By:
Attorney for Plaintiff
& SCHMIEG, LLP
Esquire
File #: 264056
? Y Y
VERIFICATION
clj A , hereby states that he" is ?of BANK OF
AMERICA, N.A., Plaintiff in this matter, that he/I &his 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:
File#: 264056
Name: GESSNER
File #: 264056
Name: a
Title:
BANK OF AMERICA, N.A.
,c2^„'
"2c? .
S/c
2S FAX
BANK OF AMERICA, N.A. SUCCESSOR BY MERGER
TO LASALLE BANK MIDWEST, N.A
Plaintiff(s)
vs.
WILLIAM L. GESSNER
PEGGY S. GESSNER
Defendant(s)
'/'i 0011005
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSTLVA*RA ' -a
7- c:_7
;B CD
q D ??
la 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 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.
Date Si a 0
unsel for Plaintiff
^9/22/2^'2
27 rAX
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Please Docket #
002/005
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:
State: Zip:
Yes ? No ? Listing date: Price: $
Realtor Phone:
Yes ? No ?
Home:
Cell:
State: Zip: --
Office:
Other:
How long?
State: Zip:
Home: Office:
Cell: Other:
How long?
Date you Closed Your Loan:
Type
Total Mortgage Payments Amount: $ Included Taxes & Insurance:
Date of Last Payment:
Type of
Primary Reason for Default:
^S/==/20,_ „ gipX
't 003/005
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:
Automobile #2: Model:
Amount owed:
Value:
Value:
Year:
Year:
Other transportation, automobiles boats motorcycles): Model:
Year: Amount owed; Value
Monthly Income
Name of Employers:
1.
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
Mo a e Food
2 Mortgage Utilities
Car Payment(s) Condo/Nei h. Fees
Auto Insurance Med. (not covered
Auto fuel/re airs Other prop. a ent
Install. Loan Payment Cable TV
Child Su ordAlim. 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 ?
27 TAX
t60041005
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 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
^, 7 0 V
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:
1. Proof of income
2. Past 2 bank statements
I 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)
'4 005/005
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
OFFICE zr?
f,-OFF'
012 JUL 17 Ali 9: 2
CUMBERLAND 0QUt `
PE4N$YE VANI A
Bank of America, NA
vs.
William L. Gessner (et al.)
Case Numb
2012-3908
SHERIFF'S RETURN OF SERVICE
07/10/2012 08:56 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on July 1 ,
2012 at 2056 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: William L. Gessner, by making known unto himself personally, at 1219 N.
West Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time han in
to him personally the said true and correct copy of the same. Request for service at 313 Valley Street,
Summerdale, Pennsylvania 17093 is vacant.
RYAN BURGETT, DE
07/10/2012 08:56 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on July 1 ,
2012 at 2056 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Peggy S. Gessner, by making known unto herself personally, at 1219 N.
West Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time han ing
to her personally the said true and correct copy of the same. Request for service at 313 Valley Street,
Summerdale, Pennsylvania 17093 is vacant.
RYAN BURGETT, DE
SHERIFF COST: $66.00
July 12, 2012
SO ANSWERS,
RON
R ANDERSON, SHERIFF
'?' C I'ij'?jJ LF hF;??l, ?F (' 1'U?Z 11?G