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Home My WebLink About12-7256~~ r- P~ w. ~ ~ ~`n' ,. .... t t i f t t t ~ '~/(~if~iP P. ir~~ 1 `, ki`r1 t J ~' a ~.. _~ri 1~'L PHELAN HALLINAN & SCHMIEG, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 Plaintiff v. MICHAEL G. STINE 527 THAYER STREET RHINELANDER, WI 54501-2651 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM No. ~ a CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 31 1108 ~,~-~ los. ~sp~a~y ~y i~~a~~ ~ aaac~gy 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 #: 3 l 1108 1. Plaintiff is PHH MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: MICHAEL G. STINE 527 THAYER STREET RHINELANDER, WI 54501-2651 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/28/2009 MICHAEL G. STINE made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR ERA MORTGAGE which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 200930889. 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.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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2012 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. File #: 311108 6. The following amounts are due on the mortgage as of 10/15/2012: Principal Balance $159,469.39 Interest $3,482.31 06/01/2012 through 10/15/2012 Late Charges $158.48 Property Inspections $22.50 Property Preservation $35.00 ' Escrow Deficit 96.69 TOTAL $163,264.37 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. The mortgage premises are vacant and abandoned. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $163,264.37, 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 B Melissa J. Cantwell, Esq., d. No.308912 Attorney for Plaintiff File #: 3l 1108 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in the Borough of Shiremanstown, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit:- BEGINNING at a point on the Southern line of West Main Street said point being at the dividing line between Lots Nos. 12 and 13 on the hereinafter mentioned plan of Lots; thence continuing along the Southern line of West Main Street North 78 degrees 56 minutes East, 80 feet to a point at the dividing line between Lots Nos. 13 and 14, Block K of the plan; thence by said dividing line South 11 degrees 04 minutes East 110 feet to a point at the dividing line between Lots Nos. 13 and 4, Block K of the plan; thence by said dividing line and the line of lot 5, Block K, of the plan, South 78 degrees 56 minutes West 80 feet to a point at the dividing line between Lots Nos. 12 and 13, Block K of the plan; thence by said dividing line North 11 degrees 04 minutes West 110 feet to a point on the Southern line of West Main Street, the place of BEGINNING. BEING all of Lot No. 13, Block K, Plan 5 of Shireman Manor said plan being recorded in the Cumberland County Recorder's Office in Plan Book 13, Page 37. UNDER AND SUBJECT, NEVERTHELESS, to easement appearing on record on said plan and to the restrictions as set forth in the Cumberland County Recorder's Office in Misc. Book 150, Page 596. UNDER AND SUBJECT TO the same rights, privileges, agreements, rights-of--way, easements, conditions, exceptions, restrictions, and reservations as exist by virtue of prior recorded instruments, plans, Deeds of Conveyances, or visible on ground. File #: 31 l 108 HAVING erected thereon a one story dwelling known and numbered as 306 West Main Street, Shiremanstown, Pennsylvania. BEING THE SAME PREMISES which Gary L. Werkheiser, by deed to be recorded simultaneously herewith in the Office of the Recorder of Deeds of Cumberland County, granted and conveyed unto Michael G. Stine. PROPERTY ADDRESS: 306 WEST MAIN STREET, SHIREMANSTOWN, PA 17011- 6332 PARCEL # 37-23-0557-039 File #: 311108 VERIFICATION ~~ ~l~l~~ hereby states that he/she iAS5lStdnt VICe Pf BSldei~t of, PHH MORTGAGE CORPORATION, Plaintiff in this matter, that he/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 of his/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. By PHH Mortgage Corporation, Its authorized agent, Date: ~ ( (Z~ By ~ w~ PHS#: 311108 Name: STINE File #: 31 t 108 PHH MORTGAGE CORPORATION Plaintiff(s) NIICITAEL G. ST1NG ~S. Defendant(s) 1N T1IE COURT OF COMMON PLEAS - :, ~- OF CUMBERLnND COUNTY, { PENNSYLVANIA _~ ~ ., _, ~ y•,. , . .. ~. . .~ Fi!d ,.. ~-~a~Civil NOTICE OF RESIDENT~.A.L MORTGAGE FORECLOSU~ZE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. Ifyou 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 matrer with your lender. Ifyou do not have an attorney, you must tsl:e the followitl~ 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 (R00) 1122-5288 extension 2510 and request appoinnnent of a legal representative at not charge to you. Uncc: you have bten appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During chat meeting, you must provide the legal representative with all the rcyucslcd financial information so that a loan resolution proposal can he prepared on your behalf. if you and your legal rcpresen[a[ive complete a financial worksheet in the formal attache hcrclo, the Icgal rcprescnlativc will prepare and lilt 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 Ioreclosure complaint. Ifyou do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in attempt to work out a reasonable anrangeme~its with yot-r lender before the mortgage foreclosure suit proceeds Forward, 1f you arc represented by a lawyer, you and your law,ycr mt-st take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPcnn Leval Service for the appointment of a legal representative. 1 towever, you must provide your lawyer with all the requested financial information so that a loan resolution proposal can he prepared on your behalf. if you and your lawyer complete a financial workshc~l ir- the formal attache hcrclo, your lawyer will prcpar~ and file a Rcyuwt for cuncilialion Cunfcrenec; with the Court, which must ba filed with the Coutt within sixty (60) days of the service upon you of the foreclosure complaint. Ifyou do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative ol'yuur Icnilzr in an attempt to work our reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward, TF YCITI WTSH TCl SAVF, Yn>(JR HnMF., YptT MUST AC.:T QT7I('Ki,Y AND TAKE THE STEPS REQUIRED BY TH15 NOTICE. THIS PRUC:RAM 1S FREE. t !~: Date itespectfully submitlcd:= - -- ~~^ -~ Signatttr ~f Counsel for Plaintiff ~}ll~UlU~[.~ Cumberland County Residential Mortgage Fureclosurc lliversion Program Financial Worksheet Date _ _ Cumberland County Court of Common Please llocket # BORROWER RF:`UEST I~OR ITARDST~IP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances io determine possible options while working with your .Please provide the following inli~rmation to the best of your knowledge: Borrower name(s): Property Address: City: State: 7.ip: Is the prorerty I-or sale? Yes ^ No ^ Listing date: _ Price: ~_ _ Realtor Name: Realtor Phone: Ronower Occupied'? Yes ^ No ^ Mailing nddt-ess (il'diffcrent):_ _ City: _ State: Gip: Phone Numbers: I~lome: Ol'Fce: _ Cell: Uther: Email: - - - - # of people in hou_seholil: _ IIow Ions? _ Mailing Address: City: Phone Nu~ubcrs: Email: #ofpeople in household: rirst Mortgage T.endcr: _ Loan: Loan Number: Second Mortgage i.ender: ol• Loan: Loan Number: State: Z.ip; 1•Iome:_ Cell: Office: _ Other: _ How ]oag'? Date yo~~ Closed Your loan: Type of Type Total Mortgage Payments Amount: $ Included Taxes & lnsuranee: Date of Last Payment: Primary RLaSUn 1'or Default• is the loan in I3ankruptey? Yes ^ No [] If yes, provide names, location of court, case number & attorney: Assets Amount Uwcd: Value: Home: $ ~ ~-- Uthcr Real Estate: $ $ ~--~ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ ~~ ~~ $ ' -- other: $ $' Automobile #l : Model: Year: _ _ Amount awed: Value: _ Automobile #2: Model: _ yea,.: Amount owed: Value: Uthcr transportation automobiles boats motorcyclcs~: Model: Year: Amount owed: Value Monthly Income Name of Employers 2 3 Additional Income Description (nut wages): 1 • _ . monthly amount: ~ monthly amount: Borrower Pay Days: _ _ Cu-Borrower Pay Days: Monthly E~cpenses: (Please only include expenses you are currently paying) EXPENSE AMO[TNT EXPENSE AMUUNT~ , _ _ ~~~ Mortgage Food 2nd M01't a,,, - - Utilities Gar Payment(s) Condo/Nci ~h. Fees Auto Insurance _ Mcd, (not covered) Auto fiiellrepairs _ _ Other pr~> a ent install. Loan Payment _ Cahic TV Child Su ort/Alim. _ S endin., Mone Dav/Child Care/Tuft. ~ Otherl/xpenscs _ ~~~ Amount Available for Monthly Mortgage Payments Based on lncoinc & F.xpcn~cs: Havc you been Working with a Housing Counseling Agency? Yes [] rJo ^ If yes, please provide the following information: Counseling Agency: .. Counselor: _ _ phone (Office): Fax: );mail: __ ..- Have you made application 1'or Homeovv~~ers F.mcrgency Mortgage Assistance Program (HENIIIP) assistance? Yes ^ N o ^ !f yes, please indicate the status of the application: Havc you bad any prior negotiations with your lender or lender's loan servicing wrnpany to resolve your delinquency? Ycs ^ Nv ^ If yes, please indicate tl~e status of those negotiations: Please provide the following information, if you know, regarding your lender or lender's loan servicing 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/scrvicer for the sole purpose of evaluating my financial situation for possible mortgage options. Z/We understand that 1/we am/are under no obligation to use the services provided by the above named Borrower Signature Date Co~Borrower Signature Date Please forward this page along with the following information to lender: 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) . . . ......__ 20i3 MAR 26 AN IQ: 47 Phelan Hallinan,LLP r,�1, - ^ t[t� plaintiff JM6ERLA 1617 JFK Boulevard,Suite 1400 PE ��,��,��i One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Court of common Pleas Plaintiff Civil Division vs CUMBERLAND County MICHAEL G.STINE Defendant No. 12-7256-CIVIL 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 V ate t e Judgment entered. Date:_ .3 PHELA HALLINA ,LLP By: Joseph A.Dessoy sq.,Id.No.200479 PHS#311108 Attorney for Plaintiff Phelan Hallman,LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County MICHAEL G. STINE No. 12-7256-CIVIL Defendant PHS#311108 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: MICHAEL G. STINE 527 THAYER STREET RHINELAND R, W 4501-2651 Date: PH AN toye, ,LL By: Joseph A. ., d.No.200479 Attorney for Plaintiff