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Home My WebLink About12-5304 i ~,I T FlL~D-prFl~,~ fi£ P~iOTMC~tOTARY 20JZAUG 27 AM 9: f 7 C~Mg~Rl.ANQ COUNTY ~ENNSY(.yANIA PHELAN HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINT FF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NATIONSTAR MORTGAGE, LLC 350 HIGHLAND DRIVE COURT OF COMMON PLEAS LEWISVILLE, TX 75067 CIVIL DIVISION Plaintiff w. TERM 0 ~ DAVID C. KYLE NO. S3 MERIDETH L. KYLE 3539 MARCH DRIVE CUMBERLAND COUNTY CAMP HILL, PA 17011-5011 Defendants CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE ~,~~,o . ~sp~dQ~j File 287853 n~ ~ ~ ~ ~ g3 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 Notic are served by entering a written appearance personally or by attorney and filing in writing wi 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 y u 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 orother rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU D NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYE . IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABL 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 287853 n l _ 1. Plaintiff is NATIONSTAR MORTGAGE, LLC 350 HIGHLAND DRIVE LEWISVILLE, TX 75067 2. The name(s) and last known address(es) of the Defendant(s) aze: DAVID C. KYLE MERIDETH L. KYLE 3539 MARCH DRIVE CAMP HILL, PA 17011-5011 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/03/2002 DAVID C. KYLE and MERIDETH L. KYLE made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR LEHMAN BROTHERS BANK, FSB, A FEDERAL SAVINGS BANK which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND Co ty, in Mortgage Book 1759, Page 0919. By Assignment of Mortgage recorded 07/07/201 the mortgage was assigned to AURORA LOAN SERVICES, LLC which Assignment s recorded in Assignment of Mortgage Instrument No. 20108054. PLAINTIFF is now e legal owner of the mortgage and is in the process of formalizing an assignment of sam . The mortgage and assignment(s), if any, are matters of public record and aze incorpor ed 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 f 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 s 'd mortgage due 09/01/2011 and each month thereafter aze due and unpaid, and by the to s File 287853 of said mortgage, upon failure of Mortgagor to make such payments after a date speci ed 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 Principal Balance $111,094.19 Interest $5,113.37 08/01 /2011 through 08/20/2012 Property Inspections $243.00 Property Preservations $0.00 AppralsaVBPO $0.00 Non Sufficient Funds Charge $0.00 Escrow Deficit $3,645.25 Subtotal $120,090.81 Suspense Credit $(5.00) Escrow Credit $(0.00) TOTAL $120,090.81 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 required by the mortgage document, as applicable, have been sent to the Defendant(s) n the date(s) set forth thereon. File 287853 ~ WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $120,090.81, 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 Ems' By: ,Esquire Attorney for Plaintiff File 287853 _ _ T LEGAL DESCRIPTION ALL THAT CERTAIN piece or pazcel of land, situate in the Borough of Camp Hill, Cumberl d County, Pennsylvania, bounded and described in accordance with a survey thereof made by Michael C. D'Angelo, Registered Surveyor, dated July 15, 1974, as follows, to wit: BEGINNING at a pin on the Southeasterly side of Mazch Drive (50 feet wide) at the dividing ine between Lots 129 and 130 on said plan; said point being measured along the said side of Mar h Drive, 621.83 feet Southwest of May Drive; thence extending from said point of beginning an along the division line between Lots 129 and 130, South 41 degrees 26 minutes East the di ce of 110.40 feet to a pin; thence South 51 degrees 40 minutes West the distance of 67.10 feet to pin at the dividing line between Lots 128 and 129; thence along the said dividing line, North 1 degrees 26 minutes West the distance of 106.77 feet to a stone on the said side of March Driv ; thence along the said side of Mazch Drive, North 48 degrees 34 minutes East the distance of 67.00 feet to a point, the place of BEGINNING. BEING Lot No. 129, Block F., Section 2 on the Plan of Trindle Village, recorded in Plan Boo 9, Page 12. HAVING thereon erected a brick and frame ranch type dwelling house known and numbered 3539 March Drive. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions an rights-of--way of record. PROPERTY ADDRESS: 3539 MARCH DRIVE, CAMP HILL, PA 17011-5011 PARCEL # 01-22-0531-071 File 287853 _ _ _ _ _ _ , _ _ _ _ r _ VERIFICATION (fit; v ,hereby states that he/she is I ~:55ha~- ~C~'/'~~1 of NATIONSTAR MORTGAGE, LLC, Plaintiff in this matter, that he/she is authorised to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortga e Foreclosure are true and correct to the best of his/her information and belief. The undersigne understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relati g to unsworn falsification to authorities. Name: ~ ; v~ DATE: ~I2 2 Title: l~ sS'sd-~+r- #'~d NATIONSTAR MORTGAGE, LLC File#: 287853 Name: KYLE ' File 287853 FORM 1 IN THE COURT OF COMMON Pj~AS.., NATIONSTAR MORTGAGE, LLC OF CUMBERLAND COUNTY, PENN,V~+1I Plaintiff(s) y,,, t-rti C r'~ VS. N rT3~-j ,v ~ ~ Q DAVID C. KYLE y. MERIDETH L. KYLE nn C ~ ~ a ~ r~~-.,. Defendant(s) P " J~ y Civil ~ ~ `.p ~ r''~ NOTICE OF RESIDENTIAL MORTGAGE FORECLO~UJ 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 a able to participate in acourt-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 con rence. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 439400 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 wi in twenty (20) days of the appointment date. During that meeting, you must provial the legal representative with all requested fmancial information so that a loan resolution proposal can be prepared on your behalf. If you and yo r legal representative complete a fmancial worksheet in the format attached hereto, the legal representaive will prepare d a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days o the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will hxe 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 eligib a for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a 1 gal representative. However, you must provide your lawyer with all requested fmancial information so tha>a loan res lution proposal can be prepared on your behalf. If you and your lawyer complete a fmancial worksheet in the format a hed hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be fi ed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation confe ence is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out r onable 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 STEP REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date Allison F. Wells, Esquire Attorney for Plaintiff _ _ _ T _ _ _ _ _ . I 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 d ermine possible options white working with your counseling agency. Please provide the following informati n to the best of your knowledge: Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ? No ? Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ? No ? Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ? No ? If yes, provide names, location of court, case number & attorney: ~I Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile # 1: Model: Year: Amount owed: Value: Automobile #2: Model: Year: Amount owed: Value: Other transuortation (automobiles, boats, motorcycles Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Ezcenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mort a e Food 2° Mort a e Utilities Car Pa ent s Condo/Nei h. Fees Auto Insurance Med. not covered Auto fuel/re airs Other ro a ment Install. Loan Pa ment Cable TV Child Su ortJAlim. S endin Mone Da /Child Care/Tuft. Other Ex enses 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: _ _ - r_ ~ I ~I I Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ? No ? If yes, please indicate the status of the application: 0 Have you had any prior negotiations with your lender or lender's loan servicing company to resolve ur 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 servicin 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 evalua ing my financial situation for possible mortgage options. I/We understand that Uwe am/are under no obligati n 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) _ ctn t- tYSI t Phelan Hallinan,LLP 203 APR -4 AM t0' Attorney For Plaintiff 1617 JFK Boulevard,Suite 14011. One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 NATIONSTAR MORTGAGE,LLC Court of Common Pleas Plaintiff Civil Division vs CUMBERLAND County DAVID C. KYLE MERIDETH L. KYLE No. 12-5304-CIVIL Defendant PRAECIPE TO THE PROTHONOTARY: ❑ Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ❑ Please mark the above referenced case Settled, Discontinued and Ended. ❑ Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. ❑ Please mark the in rem judgment Satisfied and the action Discontinued and Ended. ❑ Please Vacate the Judgment entered. Date: _ PHELAN HALLINAN,LLP By: MeVith oo ters,Esq.,Id. No.307207 Attorney for Plaintiff PHS #287853 Phelan Hallman, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 NATIONSTAR MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County DAVID C. KYLE No. 12-5304-CIVIL MERIDETH L. KYLE Defendant PHS#287853 CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: DAVID C. KYLE MERIDETH L. KYLE 3539 MARCH DRIVE CAMP HILL,PA 17011-5011 Date: Y13 PHELAN HALLINAN, LLP BY Meredith Wooters, Esq., Id. No.307207 Attorney for Plaintiff