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Home My WebLink About12-479231 J ?j silERLA;a'J l.. FN,) V 1, PHELAN HALLINAN & SCHMIEG, LLP D. Troy Sellars, Esquire ID:210302 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. MATTHEW B. COX JENNIFER D. COX 823 FLINTLOCK RIDGE ROAD MECHANICSBURG, PA 17055-4919 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. / , - Y CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File 4: 294760 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 BF, 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 #: 294760 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: MATTHEW B. COX JENNIFER D. COX 823 FLINTLOCK RIDGE ROAD MECHANICSBURG, PA 17055-4919 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/13/2009 MATTHEW B. COX and JENNIFER D. COX made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INCORPORATED AS A NOMINEE FOR AMERICAN FINANCIAL RESOURCES, INC. which mortgage is recorded in thy; Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 200912327. By Assignment of Mortgage recorded 04/16/2012 the mortgage was assigned to AURORA BANK FSB which Assignment is recorded in Assignment of Mortgage Instrument No. 201210898. 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.(-'.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 11/0 1/2011 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 rile #: 21)4760 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 7/31/2012: Principal Balance $231,345.69 Interest 10/01/2011 through 7/31/2012 $9,639.40 Property Inspections $80.00 Escrow Deficit $85.56 TOTAL $241,150.65 7. Plaintiff is not seeking a judgment of personal liability (or an in erp sonam 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. 8. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. File #: 29-1760 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $241,150.65 , 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 HALLIN N & SCHMIEG, LLP By: X- D. Troy S ars, Esquire ID:210302 Attorney for Plaintiff' File 9: '94760 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and bring in the Township of Upper Allen, in the County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the northerly line of Flintlock Ridge Road (forty feet wide) at the corner of lands now or formerly of Wayne Boyd; thence along the line of said lands now or formerly of Wayne Boyd North twenty-four (24) degrees thirty-six (36) minutes West, a distance of one hundred forty-three and thirty-one one-hundredths (143.31) feet to a point on the line of lands of the Pennsylvania Turnpike; thence along said lands of the Pennsylvania Turnpike North sixty-eight (68) degrees fifty-eight (58) minutes East, a distance of one hundred and zero one- hundredths (100.00) feet to a point; thence continuing along the same North eighty-one ("81) degrees forty-four (44) minutes fifteen (15) seconds East, a distance of eighty-three and (thirty- four one hundredths (83.34) feet to a point on the dividing line between Lots Nos. 1 1 and 12 on the hereinafter mentioned Plan of Lots; thence along said dividing line between Lots Nos. 11 and 12 South fourteen (14) degrees eight (08) minutes fifty-two (52) seconds East, a distance of one! hundred seventy-one and sixty-one hundredths (171.61) feet to a point: on the northerly line of Flintlock Ridge Road aforesaid; thence along the northerly line of Flintlock Ridge Road along a curve to the right, having a radius of three hundred seventy-nine and zero one-hundredths (379.00) feet. an arc distance of forty-six and ninety-three one-hundredths (379.00) feet, an arc distance of forty-six and ninety-three one-hundredths (46.93) feet to a point; thence continuing along the same North eighty-four (84) degrees six (06) minutes West, a distance of eight and zero one-hundredths (8.00) feet to a point; thence still along the same, along a curve to the left., having File #: 294760 a radius of two hundred and zero one-hundredths (200.00) feet, an arc distance of one hundred four and sixty-three one-hundredths (104.63) feet to the point and place of BEGINNING. BEING Lot No. I I on the Plan of Lots of Flintlock Ridge. UNDER AND SUBJECT to and together with the rights, privileges, agreements, rights-of-way; easements, conditions, exceptions, restrictions as exist by virtue of prior recorded instruments, deeds or conveyances. PARCEL 42-26-0247-023 PROPERTY ADDRESS: 823 FLINTLOCK RIDGE ROAD, MECHANICSBURG, PA 17055-4919 PARCEL # 42-26-0247-023. File #: 2()4760 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 bey 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. 1204 (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 la verification form 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 Plaintiff DATE: `13 Flc #: 2Q47bo FORM I IN THE COURT OF COMMON PLEAS NATIONSTAR MORTGAGE LLC OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. MATTHEW B. COX JENNIFER D. COX Defendant(s) 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 Table 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 confe ence. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 24I ?-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?)egal 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 eligibl I for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legil 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 conferece 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. ? err i /X3// Date Respectfully submitted: o? D. Tro Sellars, Esquire ID:210302 Attorney for Plaintiff - a„ 7 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: Home: Cell: Email: # of people in household: First Mortgage Lender Type of Loan: Office: Other: Zip: State:. Zip: How long? Loan Number: _ Second Mortgage Lender: Type of Loan: Loan Number: State: _ Zip: Yes ? No El Listing date: Price: $ Realtor Phone: Yes ? No [_1 Home: Cell: State Office: _ Other: How long? Date You Closed Your Loan: Total Mortgage Payments Amount: $ Date of Last Payment: Included Taxes & Insurance: Primarv 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: $ $ Others $ $ Automobile #1: Model: Year: Amount owed: Value: _ Automobile #2: Model: _ Year: Amount owed: Value: Other. transportation (automobiles boats motorceS? Model: Year:- Amount owed: Value Monthly Income Name of Employers Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. _ Monthly Gross -Monthly Net _ Additional Income Description (not wages): monthly amount: 2 monthly amount: _ Borrower Pay Days:_ Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE -- j AMOUNT EXPENSE AMOUNT Mortgage - Food _ 2°d Mortgage Utilities -? - ------ Car Payment(s) Condo/Nei h. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Support/Alim. S endin Money Da /Child Care/Tuft. y _ Other Ex eases - --- - 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. I-lave you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ? NOD 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 E NOD 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 obligationl,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)