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Home My WebLink About12-4794 FILED-OFFI CF THE PROTHONOTARY,, 1011 AUG - I AN 10: 02 CUMBERLAND COUNT) PENNSYLVANIA PHELAN HALLINAN & SCHMIEG, LLP Andrew J. Marley, Esq., Id. No.312314 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, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. RICHARD D. ALBERTSON A/K/A RICHARD D. ALBERTSON SR. ANNE M. ALBERTSON 132 BRIAR PATCH DRIVE CARLISLE, PA 17015-9075 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 19 - y?? Y CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 296106 d ,bulb-3 5 d a lb a1ai 769 0? o?7 9 10 V - - T 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 #: 296106 1 2 3 4. Plaintiff is BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 CORPORATE DRIVE PLANO, TX 75024 The name(s) and last known address(es) of the Defendant(s) are: RICHARD D. ALBERTSON A/K/A RICHARD D. ALBERTSON SR. ANNE M. ALBERTSON 132 BRIAR PATCH DRIVE CARLISLE, PA 17015-9075 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 06/28/2002 RICHARD D. ALBERTSON A/K/A RICHARD D. ALBERTSON SR. A/K/A RICHARD D. ALBERTSON A/K/A RICHARD D. ALBERTSON SR. SR.and ANNE M. ALBERTSON made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR QUICKEN LOANS INC., which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1764, Page 3535. By Assignment of Mortgage recorded 09/16/2011 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201125782.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. The premises subject to said mortgage is described as attached. 1 - File #: 296106 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2011 and each month thereafter are due and unpaid, and by the term of said mortgage, upon failure of Mortgagor to make such payments after a date speci 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 04/04/2012: Principal Balance $95,784.32 Interest $7,033.39 02/01/2011 through 04/04/2012 Late Charges $231.51 Property Inspections $45.00 Escrow Adjustment $4,254.83 Subtotal $107,349.05 Corporate Advance Credit ($2,237.93) TOTAL $105,111.12 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. 8. 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 #: 296106 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $105,111.12, 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 By: ArWew J. Marlfy, E? Attorney for Plaintiff File #: 296106 LEGAL DESCRIPTION All that certain lot or tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, as described in accordance with the Final Subdivision Plan for the Meadows IV, Phases 1-C and 3-C, prepared by Hartman and Associates, Inc., Engineers and Surveyors, dated November 8, 1993 and revised December 30, 1993, more particularly bounded and described as follows, to wit: Beginning at a point on the Western line of Briar Patch Drive, a 50 foot right of way, at the dividing line of Lot #82 and #81 on the aforementioned plan; thence along the Western line of Briar Patch Drive, along a curve to the right with a radius of 675.00 feet, a distance of 96.11 feet to a point; thence continuing along the Western line of Briar Patch Drive, South 25 degrees 29 minutes 18 seconds East a distance of 58.89 feet to a point at the dividing line of Lot #81 and #80; thence along the Northern line of Lot #80, South 81 degrees 12 minutes 39 seconds West, a distance of 156.00 feet to a point at the dividing line of Lot #81 and Lot #69 on plan of residual of Phase 3-A; thence along the Eastern line of Lot #69 North 25 degrees 29 minutes 18 seconds West a distance of 13.89 feet to a point; thence continuing along the Eastern line of Lot #69, along a curve to the left with a radius of 725.00 feet a distance of 79.63 feet to a point at the dividing line of Lots #81 and #82; thence along the Southeastern line of Lot No. 82 North 58 degrees 13 minutes 06 seconds East, a distance of 150.00 feet to a point and place of beginning. Being known as Lot #81, Phases 1-C and 3-C, The Meadows IV recorded in Cumberland County, Plan Book 68, Page 2. Commonly known as: 132 Briar Patch Drive File #: 296106 PROPERTY ADDRESS: 132 BRIAR PATCH DRIVE, CARLISLE, PA 17015-9075 PARCEL # 21-05-0433-287 File #: 296106 VERIFICATION Joy, iLd ese , hereby states that she is F}ss+si Uru f .? ?G,?}of BANK OF AMERICA, N.A., Plaintiff in this matter, thatl?)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 ofa/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: yjy 23rd,2012 File#: 296106 Name: ALBERTSON d?? a 4 -.? 10 Na e: , n J6Hn JbSC fl11 f 'a ??'if Title: q up BANK OF AMERICA, N.A. File #: 296106 Pa.R.C.P. 205.5 BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff(s) VS. RICHARD D. ALBERTSON A/K/A RICHARD D. ALBERTSON SR. ANNE M. ALBERTSON Defendant(s) FORM 1 1 Updated 010112011 IN THE COURT OF COMMON PLE " --' F CUMBERLAND COUNTY, PENNS) INX ? O ? W t 3;w C-) ZG y mil -? PO la. / Mcivil 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 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 confer First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 24 9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no chi you. Once you have been appointed a legal representative, you must promptly meet with that legal representative v 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 representative complete a financial worksheet in the format attached hereto, the legal representative will prepare ai Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of t service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will h opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with y 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 f conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a lega representative. However, you must provide your lawyer with all requested financial information so that a loan resole proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attach 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 conferen 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 ndrew J. Marley, Esquire Attorney for Plaintiff C1 --4 r- ro? a_n p to an is 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 dete ine possible options while working with your counseling agency. Please provide the following information t 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: Date You Closed Your Loan: Total Mortgage Payments Amount: $ Date of Last Payment: State: Zip: Yes No ? Listing date: Price: $ Realtor Phone: Yes ? No ? Home: Cell: How long? Home: Cell: State: Zip: Office: Other: Office: Other: State: Zip: How long? Included Taxes & Insurance: Primary Reason for Default: Is the loan in Bankruptcy? Yes F-1 No ? If yes, provide names, location of court, case number & attorney: Assets Home: Other Real Estate: Retirement Funds: Investments: Checking: Savings: Other: Amount Owed: Value: Q e Automobile #1: Model: Year: Amount owed: Value: Automobile #2: Model: Year: Amount owed: Value: Other transportation automobiles, boats, motorcycles): 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: 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 2nd Mortgage Utilities Car Payment(s) Condo/Nei . 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 E] 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): 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 evaluatit financial situation for possible mortgage options. I/We understand that Uwe am/are under no obligation 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 (hard letter) 6. Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~~,~iatr ct far+r~,~€rf~~~~ ,d<< .. ~~` OFF i'w~ £3F ~kc c..~R~~FF ~,~, ~°E~~ 1 ~~'C` F ~. ~ ''l1M~~.tti~i~~ti.J Ivr~>V i ., ~.~~~~Y~~~~k~ Bank of America, NA Case Numbe vs. Richard D. Albertson, Sr. (et al.) 2012-4794 SHERIFF'S RETURN OF SERVICE 08/08/2012 11:50 AM -John Hanner, Deputy Sheriff, who being duly sworn according to law, states that on Augus 8, 2012 at 1150 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notic of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Richa D. Albertson Sr., by making known unto Richard Albertson Jr., Son of Richard D. Albertson Sr. at 132 Briar Patch Drive, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same tim handing to him personally the said true and correct copy of the same. 08/08/2012 11:50 AM -John Hanner, Deputy Sheriff, who being duly sworn according to law, states that on Augus 8, 2012 at 1150 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notic of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Anne Albertson, by making known unto Richard Albertson Jr., Son of Anne M. Albertson at 132 Briar Patch Drive, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. HANfQER, DEPUTY SHERIFF COST: $50.00 SO ANSWERS, August 10, 2012 R ANDERSON, SHERIFF (,c) CeumySuife Sheriff, Teleosnit: Irc_