HomeMy WebLinkAbout12-4078ra ? PRO T HONG TAR Y
70+2 JUN 29 AN 10: 16
CUMSERLANO COVNTY
PENNSYLVANfA
PHELAN HALLINAN & SCHMIEG, LLP
Allison F. Wells, Esq., Id. No.309519
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
BANK OF AMERICA, N.A SUCCESSOR BY
MERGER TO BAC HOME LOANS SERVICING, L.P
F/K/A COUNTRYWIDE HOME LOANS
SERVICING, L.P.
7105 CORPORATE DRIVE
PLANO, TX 75024
Plaintiff
V.
TOBY L. COY
21 NORTH SENECA STREET
SHIPPENSBURG, PA 17257-1207
Defendant
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM 04
CUMBERLAND COUNTY
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File #t: 297717
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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 #: 297717
Plaintiff is
BANK OF AMERICA, N.A SUCCESSOR BY MERGER TO BAC HOME LOANS
SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P.
7105 CORPORATE DRIVE
PLANO, TX 75024
2. The name(s) and last known address(es) of the Defendant(s) are:
TOBY L. COY
21 NORTH SENECA STREET
SHIPPENSBURG, PA 17257-1207
who is/are the mortgagor(s) of the property hereinafter described.
3. On 02/05/2009 TOBY L. COY made, executed and delivered a mortgage upon the
premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC. AS A NOMINEE FOR NFM, INC. D/B/A NFM CONSULTANTS,
INC., A MARYLAND CORPORATION which mortgage is recorded in the Office of the
Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 200910741.
By Assignment of Mortgage recorded 03/23/2012 the mortgage was assigned to
PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No.
201208482.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 #: 297717
The mortgage is in default because monthly payments of principal and interest upon said
6
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
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 04/26/2012:
Principal Balance $155,445.41
Interest $4,274.76
11/01/2011 through 04/30/2012
Late Charges $892.47
Property Inspections $30.00
Escrow Deficit $1,377.00
Subtotal $162,019.64
Suspense Credit ($0.30)
Escrow Credit $1( 2.01)
TOTAL $162,007.33
7
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 #: 297717
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$162,007.33, 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
-AthTrr ".es, Esquire
Attorney for Plaintiff
File #: 297717
LEGAL DESCRIPTION
TRACT NO. 1: ALL that certain parcel of ground with the buildings erected thereon, known and
numbered as 21 N. Seneca Street, situate in the Borough of Shippensburg, Cumberland County,
Pennsylvania, bounded and described as follows:
BEGINNING at a iron pin at the Easterly side of Seneca Street, formerly a fourteen (14) foot
wide public alley, where the same intersects another fourteen (14) foot wide public alley, known
as Martin Avenue; thence from said point of beginning, North 65 degrees East 31.25 feet to an
iron pin at line of land now or formerly of Ellis L. Rotz and Harold L. Keefer, a partnership
known and trading as J.A. Hargleroad and Company; thence along the same, South 24 degrees 20
minutes East a distance of 84 feet, more or less, to an iron pin at land now or formerly of Zora A.
Rhinehart; thence by the same; South 65 degrees West 31.25 feet to an iron pin at the Easterly
edge of Seneca Street; thence along the said Seneca Street, North 24 degrees 20 minutes West a
distance of 84 feet, more or less, to an iron pin, the place of BEGINNING. Pursuant to survey of
George T. Lowe, P.E., dated December 27, 1958 and being all of Lot No. 3.
BEING that same real estate that Jay E. Rhinehart and Eloise D. Rhinehart, his wife, by their
deed dated October 1, 1965 and recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania, in Deed Book'T', Volume 21 at Page 430, conveyed to
Donald L. Coy and Patsy Ann Coy, his wife. Said Donald L. Coy died on January 23, 1994
thereby vesting full and complete title unto Patsy Ann Coy. Patsy Ann Coy, has remarried and is
known as Patsy Ann Kalb and joined by her husband, Raymond P. Kalb, are Grantors herein.
File #: 297717
TRACT NO. 2: A part of that certain tract of land known as 27-29 West King Street, situate in
the West Ward of the Borough of Shippensburg, Cumberland County, Pennsylvania, bounded
and described as follows:
BEGINNING at a railroad spike on W. Martin Avenue, being the northernmost point of said Nos.
27-29 West King Street; thence South 24 degrees 15 minutes 52 seconds East 64 to an iron pin;
thence South 66 degrees 10 minutes 00 seconds West 31.73 feet to an iron pin; thence North 24
degrees 30 minutes 00 seconds West 64 feet to a point on W. Martin Avenue; thence North 66
degrees 10 minutes 00 seconds East 32 feet to the point and place of BEGINNING. Said parcel
of land being described as Lot 3A on the survey and plan of John R. Kissinger for Jerry S. Lyons
and Emma K. Lyons, dated April 24, 1987 and filed in the Recorder of Deeds in and for
Cumberland County in Plan Book 53, Page 65.
BEING that same real estate that Jerry S. Lyons and Emma K. Lyons, by their deed dated June
30, 1987 and recorded in the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania, in Deed Book'T', Volume 32 at Page 635, conveyed to Donald L. Coy and Patsy
Ann Coy, his wife. Said Donald L. Coy died on January 23, 1994 thereby vesting full and
complete title unto Patsy Ann Coy. Patsy Ann Coy, has remarried and is known as Patsy Ann
Kalb and joined by her husband, Raymond P. Kalb, are Grantors herein.
BEING THE SAME PREMISES CONVEYED TO TOY L. COY AND RONDA S. COY,
HUSBAND AND WIFE, BY DEED FROM PATSY ANN COY, A/K/A PATSY A. COY,
N/K/A PATSY A. KALB, AMD RAYMOND P. KALB, HER HUSBAND, DATED
03/25/2004, RECORDED 04/02/2004 IN DEED BOOK 262 PAGE 1712.
File #: 297717
PROPERTY ADDRESS: 21 NORTH SENECA STREET, SHIPPENSBURG, PA 17257-
1207
PARCEL # 34-34-2415-071
File #: 297717
VERIFICATION
The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that
Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the
time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to
Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure
are based upon information supplied by Plaintiff and are true and correct to the best of my information
and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt.
The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S.
Sec. 4904 relating to unsworn falsifications to authorities.
Attorney for Pala iff ?KR
DATE:
Pa.R. C.P. 205.5
Updated 01/01/2011
FORM 1
BANK OF AMERICA, N.A SUCCESSOR BY
MERGER TO BAC HOME LOANS SERVICING,
L.P. F/K/A COUNTRYWIDE HOME LOANS
SERVICING, L.P.
Plaintiff(s)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
[7 a+
vs. 3
rnw
TOBY L. COY
:C
Defendant(s) Civil
NOTICE OF RESIDENTIAL MORTGAGE FORECL(*'gRE
a
DIVERSION PROGRAM
CD
You have been served with a foreclosure complaint that could cause you to lose your home.
C'1?
rn
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 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 submitted:
Date
Allison F. Wells, Esquire
Attorney 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:
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:
How long?
Date You Closed Your Loan:
Total Mortgage Payments Amount: $
Date of Last Payment: _
Included Taxes & Insurance:
State: Zip:
Yes ? No ? Listing date: Price: $
-Realtor Phone:
Yes ? No ?
State: -Zip:
Home:- Office:
Cell: Other:
How long?
Home: Office:
Cell: Other:
State: Zip:
Primary Reason for Default:
Is the loan in Bankruptcy? Yes ? No F-1
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 transportation (automobiles. boats. motorcvcles): Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
1. Monthly Gross
2. Monthly Gross
3. Monthly Gross
Additional Income Description (not wages):
1. monthly amount:
2. monthly amount:
Year:
Year:
:Monthly Net
Monthly Net
Monthly Net
Borrower Pay Days: Co-Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
2" Mortgage Utilities
Car Payment(s) Condo/Nei h. Fees
Auto Insurance Med. not covered
Auto fuel/re airs Other prop. payment
Install. Loan Payment Cable TV
Child Support/Alim. Spending Money
Da /Child Care/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:
Counselor:
Phone (Office): Fax:
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP)
assistance?
Yes ? No F1
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):
Servicing Company (Name): _
Contact: Phone:
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)
6. Listing agreement (if property is currently on the market)
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson F .El- fU
Sheriff of ,; Nk PROTHONO-TA15k't'
Jody S Smith
Chief Deputy " 2012 JUL 12 AM 8` 3
Richard W CUMBERLAND CN`
Solicitor PENNSYLVANIA
Bank of America, NA
Case Number
vs.
Toby L. Coy 2012-4078
SHERIFF'S RETURN OF SERVICE
07/06/2012 01:49 PM - William Cline, Corporal, who being duly sworn according to law, states that on July 6, 2012
1349 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: Toby I
Coy, by making known unto Coby Coy, Son of Defendant at 21 N. Seneca Street, Shippensburg,
Cumberland County, Pennsylvania 17257 its contents and at the same time handing to him personally
said true and correct copy of the same.
CLINE, DEPUTY
SHERIFF COST: $48.00
July 09, 2012
SO ANSWERS,
K"
RONNY R ANDERSON, SHERIFF
10 ; GourtySute'6 er f. Ra es?o`i !r;..
Phelan Hallinan & Schmieg, LLP
Allison F. Wells, Esq., Id. No. 309519
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
BANK OF AMERICA, N.A
SUCCESSOR BY MERGER TO BAC
HOME LOANS SERVICING, L.P.
F/K/A COUNTRYWIDE HOME
LOANS SERVICING, L.P.
Plaintiff
VS.
TOBY L. COY
Defendant(s)
f ?jc* PROT14014011", -
2112 jUL 20 PM 1:49
CUMBERLAND COUNT`
PENNSYLVANIA
ATTORNEY FOR P
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 12-4078-CIVIL
CUMBERLAND COUNTY
PRAECIPE TO SUBSTITUTE VERIFICATION
TO CIVIL ACTION COMPLAINT
IN MORTGAGE FORECLOSURE
TO THE PROTHONOTARY:
Kindly substitute the attached verification for the verification originally filed with the
complaint in the instant matter.
Phelan Hallinan & Sc
Attorney fo
? Allison F. ells, Esq., Id. No. 309519
Date: 7-16-12
PHS #: 297717
VERIFICATION
9°6;x;, hereby states that he/she is R ce,doJ- of BANK OF
AMERICA, N.A., Plaintiff in this matter, that(6)she is authorized to make this Verification, a
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 thi,,
statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn
falsification to authorities.
DATE: :S u w? .?`l o t Name::-k w L7 & Aa r-d ?: lllae. v
r.
Title: Assi'st-,*;?? ?'rest.?e
BANK OF AMERICA, N.A.
Filek 297717 (FHA)
Name: COY
File #: 297717
R •
Phelan Hallinan & Schmieg, LLP
Allison F. Wells, Esq., Id. No. 309519
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
BANK OF AMERICA, N.A
SUCCESSOR BY MERGER TO BAC
HOME LOANS SERVICING, L.P.
F/K/A COUNTRYWIDE HOME
LOANS SERVICING, L.P.
VS.
TOBY L. COY
Plaintiff
Defendant(s)
ATTORNEY FOR PLAIN*IFF
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 12-4078-CIVIL
CUMBERLAND COUNTY
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of Plaintiff's Praecipe to attach Verification
of Complaint was sent via first class mail to the following on the date listed below:
TOBY L. COY
21 NORTH SENECA STREET
SHIPPENSBURG, PA 17257-1207
Date: 7-16-12
Phelan Hallinan & Schmie
Attorney for
y:
F. Wells, sq., Id. No. 309519
PHS #: 297717
BANK OF AMERICA, N.A. SUCCESSOR BY
MERGER TO BAC HOME LOANS SERVICING,
L.P. F/K/A COUNTRYWIDE HOME LOANS
SERVICING, L.P.
Plaintiff(s)
vs.
TOBY L. COY
Defendant(s)
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
. ~.
{:
• ~!, ,
12-4078
REQUEST FOR CONCILIAT/ON CONFERENCE "~
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Sa•
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w
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.~
Pursuant to the Administrative Order dated ~ oZ - ~~ j ` , 2012 governing the Cumberla
County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies
follows:
1. Defendant is the owner of the real property which is the subject of this mortg~
foreclosure action;
2. Defendant lives in the subject real property, which is defendant's pri
residence;
3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversii
Program: and has taken all of the steps required in that Notice to be eligible to participate in
court-supervised conciliation conference.
The undersigned verifies that the statements made herein are true and correct. I understand t
statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification
authorities.
7RWIN,b~ (~~ P
//) ~ w /
Marc s A. McKnigh , I I
Signature of Defendant's sel/Appointed
Legal Representative 60 west Pomfret Street
Carlisle, PA 17013-3222
Toby L. Co
Signature o Defe dant
Signature of Defendant
August 30, 2012
Date
o -30-1.2
Date
Date
BANK OF SHERICA, N.A. SUCCESSOR BY
MERGER TO BAC HOME LOANS SERVICING,
L.P. F/K/A COUNTRYWIDE HOME LOANS
SERVICING;, L.P.
Plaintiff(s)
TOBY L. COY
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
Defendant(s)
12-4078
Civil
CASE MANAGEMENT ORDER
AND NQW, this & 1l day of , 20/0 , the defendant/borrower in
the above-captioned residential mortgage foreclosure action having filed a Request for
Conciliation Conference verifying that the defendant/borrower has complied with the
Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby
ORDERED AND DECREED that:
1. The parties and their counsel are directed to participate in a court-supervised
conciliation Conference on AO L:; at M. in
-4y d&tA Tat the Cumberland County Courthouse, Carlisle, Pennsylvania.
2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the
defendant/borrower must serve upon the Plaintiff/lender and its counsel a copy of the
"Cumberland County Residential Mortgage Foreclosure Diversion Program Financial
Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon
agreement of the parties in writing or at the discretion of the Court, the Conciliation
Conference ordered may be rescheduled to a later date and/or the date upon which
service of the completed Form 2 is to be made may be extended. Upon notice to the
Court of the defendant/borrower's failure to serve the completed Form 2 with the
time frame set forth herein or such other date as agreed upon by the parties in writing
or ordered by the Court, the case shall be removed from the Conciliation Conference
schedule and the temporary stay of proceedings shall be terminated.
3. The defendant/borrower and counsel for the parties must attend the Conciliation
Conference in person and an authorized representative of the plaintiff/lender must
either attend the Conciliation Conference in person or be available by telephone
during the course of the Conciliation Conference. The representative of the
plaintiff/lender who participates in the Conciliation Conference must possess the
actual authority to reach a mutually acceptable resolution, and counsel for the
plaintiff/lender must discuss resolution proposals with the authorized representative
in advance of the Conciliation Conference. if the duly authorized representative of
the plaintiff/lender is not available by telephone during the Conciliation Conference,
the court will schedule another Conciliation Conference and require the personal
attendance of the authorized representative of the plaintiff/lender at the rescheduled
Conciliation Conference
4. At the Conciliation Conference, the parties and their counsel shall be prepared to
discuss and explore all available resolution options which shall include: bringing the
mortgage current through a reinstatement; paying off the mortgage; proposing a
forbearance agreement or repayment plan to bring the account current over time;
agreeing to tender a monetary payment and to vacate in the near future in exchange
for not contesting the matter; offering the lender a deed in lieu of foreclosure;
entering into a loan modification or a reverse mortgage; paying the mortgage default
over sixty months; and the institution of bankruptcy proceedings.
5. All proceedings in this matter are stayed pending the completion of the scheduled
conciliation conference.
BY THE COURT,
/a/dam
J.
G
rrtW V r n
cnr CD
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2:c:)
'
1
N '
BANK OF AMERICA N.A., IN THE COURT OF COMMON PLEAS OP
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION -LAW
NO. 12-4078 CIVIL
TOBY L. COY, :
Defendant
IN RE: CONCILIATION CONFERENCE
Present at a conciliation conference held October 19, 2012, were Troy Sellars, Esquire,
local counsel for the plaintiff; Marcus McKnight, III, Esquire, attorney for the defendant: and
Toby L. Coy, defendant.
]t appears that a complete packet has been submitted to the plaintiff for loan modification
consideration. A decision should be made within four to six weeks. A continued conciliation
conference will be scheduled by order of even date herewith.
ORDER
AND NOW, this ~`~ ~ day of October, 2012, continued conciliation conference in
this matter is set for Friday, December 14, 2012, at 11:00 a.m. in Chambers of the undersigned.
Troy Sellars, Esquire
126 Locust Street
Harrisburg, PA 17101
For the Plaintiff
/Marcus A. McKnight, III, Esquire
60 W. Pomfret Street
Carlisle, PA 17013
For the Defendant.
BY THE COURT,
/ / ~"~_
---_.
Kevin A. ss, P. J.
cp~o; GS ~ , ~{~ /o~q~~
~~~
BANK OF AMERICA N.A., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION—LAW
NO. 12-4078 CIVIL
TOBY L. COY,
Defendant
ORDER
AND NOW, this /R' day of December, 2013, at the request of counsel for the parties,
a conciliation conference in the above matter is set for Wednesday, January 15, 2014, at 3:30
p.m. in Chambers of the undersigned.
BY THE COURT,
Kevin . Hess, P. J.
/Troy Sellars, Esquire
126 Locust Street
Harrisburg, PA 17101 -UX Z —y
For the Plaintiff z m M
Marcus A. McKnight, III, Esquire > �
60 W. Pomfret Street C `
Carlisle, PA 17013c-' '
For the Defendant
Am
0
,i3
BANK OF AMERICA N.A., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION—LAW
NO. 12-4078 CIVIL
TOBY L. COY,
Defendant
ORDER
AND NOW,this �L day of January, 2014, following final conciliation conference,
this matter is removed from the Cumberland County Mortgage Foreclosure Diversion Program
and the stay entered in this case is vacated.
BY THE COURT,
Kevin l. Hess, P. J.
VD. Troy Sellars, Esquire
126 Locust Street
Harrisburg, PA 17101
For the Plaintiff
�arcus A. McKnight, III, Esquire
60 W. Pomfret Street
Carlisle, PA 17013 '
For the Defendant
:rlm
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PHELAN HALLINAN, LLP
Emily M. Phelan, Esq., Id. No.315250
1617 JFK Boulevard, Suite 1400 One Penn Center Plaza 2g111 APR -3 ft14110: 36
Philadelphia, PA 19103 ‘.1
1.1Mr-IERLAND C01.1i
emily.phelan@phelanhallinan.co m PENh SYLVAHIA
215-563-7000
Attorney for Plaintiff
BANK OF AMERICA, N.A SUCCESSOR CUMBERLAND COUNTY
BY MERGER TO BAC HOME LOANS
SERVICING, L.P. F/K/A COURT OF COMMON PLEAS
COUNTRYWIDE HOME LOANS
SERVICING, L.P. : CIVIL DIVISION
VS. : No. 12-4078-CIVIL
TOBY L. COY
PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against TOBY L. COY, Defendant
for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for
foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows:
As set forth in Complaint $162,007.33
TOTAL $162,007.33
I hereby certify that (1) the Defendant's last known address is 21 NORTH SENECA
STREET, SHIPPENSBURG, PA 17257-1207, and (2) that notice
with Rule Pa.R.C.P 237.1.
t
Date
s been given in accordance
Emi y M. Phelan, Esq., Id. No.315250
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
Cc: MARCUS A. MCKNIGHT, III, ESQUIRE
IRWIN & MCKNIGHT, 60 WEST POMFRET STREET
CALISLE, PA 17013
DATE: IS
PH # 791479
1
PROTHONOTARY
cuo
/1- 141
791479 DP(Itic
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PHELAN HALLINAN, LLP
Emily M. Phelan, Esq., Id. No.315250
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
emily.phelan@phelanhallinan.com
215-563-7000
BANK OF AMERICA, N.A SUCCESSOR
BY MERGER TO BAC HOME LOANS
SERVICING, L.P. F/K/A
COUNTRYWIDE HOME LOANS
SERVICING, L.P.
VS.
TOBY L. COY
Attorney for Plaintiff
: CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
: CIVIL DIVISION
: No. 12-4078-CIVIL
AFFIDAVIT OF NON-MILITARY SERVICE
The undersigned attorney hereby verifies that he/she is the attorney for the
Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge
of the following facts, to wit:
(a) that the defendant TOBY L. COY is not in the Military or Naval Service of
the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil
Relief Act, as amended.
(b) that defendant TOBY L. COY is over 18 years of age and resides at 21
NORTH SENECA STREET, SHLPPENSBURG, PA 17257-1207.
This statement is made subject to the pena ties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
Date
Ph Hallinan, LLP
Emily M. Phelan, Esq., Id. No.315250
Attorney for Plaintiff
PHELAN HALLINAN, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza, Philadelphia, PA 19103
215-563-7000
791479
Department of Defense Manpower Data Center
Status Report
Pursuant to Sergi
Last Name: COY
First Name: TOBY
Middle Name: L
Active Duty Status As Of: Apr -02 -2014
Results as of : Apr -02 -2014 02:19:13 AM
b Civil Relief Act
SCRA 3.0
On Active Duty On Active Duty Status Date
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
NA .`: "tom - - - •
t .. No "...^-
NA
This response reflects the individuals' active duty status based 'on the Active Duty Status Date
Left Active Duty Within 367 Days of Active Duty Status Date
Active Duty Start Date
Active Duty End Date
Status
Service Component -
NA
t ," NA
,_ No I'r
NA
This response reflects where the individual left active duty status within 367 Gays preceding the Active Duty Status Date
The Member or His/Her Unit Was Notified of a Futu e Call -Up to Active Duty on Active Duty Status Date
Order Notification Start Date
Order Notification End Date
Status
Service Component
NA
. NA " ^s
--• .Nd .. f'
NA
This response reflects whether the individual or histher unit has re early notiflcationto report for active duty
Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
Coast Guard). This status includes information on a Servicemember or his /her unit receiving notification of future orders to report for Active Duty.
Mary M. Snavely- Dixon, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Arlington, VA 22350
BANK OF AMERICA, N.A SUCCESSOR BY
MERGER TO BAC HOME LOANS SERVICING,
L.P. F/KIA COUNTRYWIDE HOME LOANS
SERVICING, L.P.
v.
TOBY L. COY
Plaintiff
Defendant(s)
TO: TOBY L. COY
21 NORTH SENECA STREET
SHIPPENSBURG, PA 17257-1207
DA I L OF NOTICE:
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 12-4078-CIVIL
CUMBERLAND COUNTY
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, THIS NOTICE
IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO
HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT
PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST
PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS.
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 01-1-ER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE,
Office of the Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
(717) 240-6195
By:
# 791479
CUIVIBERLAND COUNTY BAR
ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
Emily M. Phelan, Esq., Id. No.315250
Attorney for Plaintiff
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
BANK OF AMERICA, N.A SUCCESSOR BY
MERGER TO BAC HOME LOANS SERVICING,
L.P. F /K/A COUNTRYWIDE HOME LOANS
SERVICING, LP,
v.
TOBY L. COY
TO:
Plaintiff
Defendant(s)
TOBY L. COY
C/O MARCUS A. MCKNIGHT, HI, ESQUIRE
IRWIN & MCKNIGHT
60 WEST POMFRET STREET
CALISLE, PA 17013
DATE OF NOTICE:.
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 12- 4078 -CIVIL
CUMBERLAND COUNTY
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE
IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO
HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT
PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST
PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS.
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
JO ELIGIBLE PERSONS AT A *REDUCED FEE OR NO FEE.
Office of the Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
(717) 240-6195
B
CUMBERLAND COUNTY BAR
ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17013
' 249 -3166
Phelan, Esq., Id. No.315250
Attorney for Plaintiff
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
(Rule of Civil Procedure No. 236) - Revised
BANK OF AMERICA, N.A SUCCESSOR
BY MERGER TO BAC HOME LOANS .
SERVICING, L.P. F /K/A COUNTRYWIDE :
HOME LOANS SERVICING, L.P.
vs.
TOBY L. COY
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
: CIVIL DIVISION
: No. 12-4078-CIVIL
Notice i giv n that a Judgment in the above captioned matter has been entered
against you on "/ ) y .
By:
If you have any questions concerning this matter please contact:
Phelan Hallinan, LLP
Emily M. Phelan, Esq., Id. No.315250
Attorney for Plaintiff
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215 -563 -7000
** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU
HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND
SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT
ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.**
791479