HomeMy WebLinkAbout12-52861
•!LED-OFFICr
PROTHONOTAi
2012 ALIG 24 Ate 10: 19
CUMBERLANO COUNTY
IENNSYLVANIA
PHELAN HALLINAN & SCHMIEG, LLP
Brian Yoder, Esq., Id. No.207412
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.
KELLY M. DICK
MICHAEL J. DICK
6200 WALLINGFORD WAY
MECHANICSBURG, PA 17050-7371
Defendants
File 4 ? 300042
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
I a sa
NO.
CUMBERLAND COUNTY
ck, ? CQ ?
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.
IV 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 #: 300042
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:
KELLY M. DICK
MICHAEL J. DICK
6200 WALLINGFORD WAY
MECHANICSBURG, PA 17050-7371
who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
On 07/31/2007 KELLY M. DICK and MICHAEL J. DICK made, executed and delivered
a'mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR COUNTRYWIDE BANK,
F''SB which mortgage is recorded in the Office of the Recorder of Deeds of
CUMBERLAND County, in Mortgage Instrument No. 200730196. By Assignment of
Mortgage recorded 09/19/2011 the mortgage was assigned to PLAINTIFF which
Assignment is recorded in Assignment of Mortgage Instrument No. 201125932.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 4: 300042
5
6
The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 10/01/2010 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 07/20/2012:
Principal Balance $322,586.22
Interest $32,688.35
09/01/2010 through 07/20/2012
Late Charges $94.67
Property Inspections $200.00
Escrow Deficit S9,933-30
Subtotal $365,502.54
Suspense Credit (- 1,19
TOTAL $364,319.28
7
9
Plaintiff is nol 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.
The action does not come under Act 6 of 1974 because the original mortgage amount
exceeds the dollar amount provided in the statute.
Filc N: 300042
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$364,3191.28 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: /Brian Yoder, Esquire
Attorney for Plaintiff
File #: 300042
LEGAL DESCRIPTION
ALL THAT CERTAIN parcel of land situate in Hampden Township, Cumberland County,
Commonwealth of Pennsylvania, more particularly bounded and described to wit:
BEGINNING at a point on the north right-of-way line of Wallingford Way, said point being the
southeast corner of Lot 195 and being located North 79 degrees 06 minutes 57 seconds East a
distance of 236.62 feet from the intersection of the north right-of-way line of Wallingford Way
and the east right-of-way line of Collingdale Circle, said point being located on the centerline of
a 30 foot wide sanitary sewer easement granted to the Hampden Township Sewer Authority:
THENCE North 10 degrees 53 minutes 03 seconds West, along the eastern line of Lot 195 and
along the centerline of the aforementioned 300 foot wide along sanitary sewer easement, a
distance of 91.19 feet to a concrete monument being the northeast corner of Lot 195 and the
southeast corner of Lot 193;
THENCE North 10 degrees 53 minutes 03 seconds West, continuing along the center of said
sanitary sewer easement, a distance of 178.67 feet to a point on the line of lands now or formerly
of Edward F. Swartz and being the common corner of Lot 192, Lot 193 and Lot 196;
THENCE North 82 degrees 12 minutes 00 seconds East, along the line of lands now or formerly
of Edward F. Swartz, a distance of 69.71 feet to a point on the same and being the northeast
corner of Lot 197;
THENCE South 25 degrees 29 minutes 42 seconds East, along the west line of Lot 197, a
distance bf 255.30 feet to a point on the north right-of-way line of Wallingford Way and being
the southwest corner of Lot 197;
THENCE South 64 degrees 30 minutes 18 seconds West, along the north right-of-way line of
Wallingford Way, a distance of 14.68 feet to a point of curvature;
File 4 300042
THENCE along the north right-of-way line of Wallingford Way on a curve to the right having a
radius of 475.00 feet, an arc length of 121.12 feet, a deita angle of 14 degrees 36 minutes 35
seconds, a chord bearing of South 71 degrees 48 minutes 40 seconds West a distance of 120.79
feet to the POINT OF BEGINNING, and CONTAINING 26,983.12 square feet or 0.619 acres of
land more or less.
BEING Lot 196 on the Plan of Lots Hampden Hearth Final Plan Phase III, recorded in Plan Book
62, Page 139, Cumberland County Courthouse.
Tax ID /Parcel No. 10-16-1062-110
PROPERTY ADDRESS: 6200 WALLINGFORD WAY, MECHANICSBURG, PA 17050-
7371
PARCEL # 10-16-1062-110
File #: 300042
VERIFICATION
hereby states tha he she is &,,LA?=?of BANK OF
AMERICA, N.A., Plaintiff in this matter, thatG)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 o his er 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#: 3010042
Name: DUCK
Name•
f...- DOLOC A
Title: Vice Peso- 4
BANK OF AMERICA, N.A.
File #: 300042
Pa. R.C. P. 205.5
BANK OF AMERICA, N.A., AS SUCCESSOR BY
MERGER TO BAC HOME LOANS SERVICING,
LP F/K/A COUNTRYWIDE HOME LOANS
SERVICING, LP
Plaintiff(s)
vs.
KELLY M? DICK
MICHAEL J. DICK
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 aloe 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) 2439400
extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you.
Once you t ave 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 canbe 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 con be prepared on your behalf. If you and your lawyer complete a financial woksheet 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 onference 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
REQUIRCD BY THIS NOTICE. THIS PROGRAM IS FREE.
Respectfully submitted:
_:?? 47-146 01
Date Brian Yoder, Esquire
Attorney for Plaintiff
FORM 1
Updated 01/01/2011
IN THE COURT OF COMMON PLEA
OF CUMBERLAND COUNTY, PENNSY6CMI A~a ..?
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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 compl0te 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:
BorrowerIname(s):
Property Address:
City:
Is the property for sale?
Realtor Niame:
Borrower! Occupied?
Mailing Address (if different):
City:
Phone Numbers:
Email:
# of people in household:
Mailing Address
City:
Phone Numbers.
State:---Zip:
Email
# of peoplle in household: How long?
First Mc
Type of
Loan NL
Second 1
Type of
Loan NL
Lender:
,an.
ber: Date You Closed Your Loan:
Lender:
ber:
Total Mdrtgage Payments Amount: $
Date of Fast Payment:
State: _ Zip:
Yes No Listing date: Price: $
Realtor Phone:
Yes No
Home:
Cell:
How long?
Included Taxes & Insurance:
State:_ Zip:
Office:
Other:
Home: Office:
Cell: Other:
Is the loan in Bankruptcy? Yes ? No ?
If yes, provide names, location of court, case number & attorney:
Assets,
Home: Amc Unto Ow
$ ed: Value:
$
Other Real Estate: $ $
Retirement Funds: $ $
Investments: $ $
Checking:' $ $
Savings: $ $
Other: $ $
Automobile #1 - Model:
Amount owed: Value:
Aut_.omobillle #2: Model:
Amount owed: Value:
Other transportation (automobiles, boats, motorcycles): Model:
Year: Amount owed: Value
Monthly income
Name of ?mployers:
I . -Monthly Gross
2 -Monthly Gross
3. -Monthly Gross
Additionall Income Description (not wages):
I . __T monthly amount:
2. monthly amount:
Borrower !Pay Days:
Year:
Year:
Monthly Net
Monthly Net
Monthly Net
Co-Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently paying)
EXPENSC _ AMOUNT EXPENSE AMOUNT
Mort a e: Food
2°d Mort e Utilities
Car Pa m nt s
Auto Insu ance Condo/Nei h. Fees
Med. not covered
Auto fuel re airs Other ro payment
o
Install. Loan Payment
Cable TV
Child Su ort/Alim. Spending Money
Da /Chit 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 ?
If yes, please indicate the status of the application:
Have you Thad 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. Pproof 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. 41etter explaining reason for delinquency and any supporting documentation (hardship
10tter)
6. Listing agreement (if property is currently on the market)