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Home My WebLink About12-7647G~ r ~-;~,~G_p~~'~~ r i~~ p{~ ~ ~~tC11{~ ~,~ r; ~l. 7t1i1 pEp ZO P~ '. ~ C~M~3ER ~ ~~N~SYCy,~~l~~T Y A PHELAN HALLINAN, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NATIONSTAR MORTGAGE, LLC 350 HIGHLAND DRIVE LEWISVILLE, TX 75067 v. Plaintiff MARNEY ANN MAIN EUGENE C. MATTSON JOYCE L. MATTSON 312 EAST MARBLE STREET MECHANICSBURG, PA 17055-4263 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM U j I CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 311825 C ~~~~ ~ I ~3. ~Spd G. ~ ~ ~ as ~ ~oS (~ Z~ a~Uu~q 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 MAYBE 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 #: 311825 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) are: MARNEY ANN MAIN EUGENE C. MATTSON JOYCE L. MATTSON 312 EAST MARBLE STREET MECHANICSBURG, PA 17055-4263 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/20/1993 MARNEY ANN MAIN, EUGENE C. MATTSON, and JOYCE L. MATTSON made, executed and delivered a mortgage upon the premises hereinafter described to SEARS MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1159, Page 196. By Assignment of Mortgage recorded 03/12/1996 the mortgage was assigned to BANK OF AMERICA, FSB A FEDERAL SAVING BANK which Assignment is recorded in Assignment of Mortgage Book 515, Page 504. 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. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2012 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 File #: 311825 by written notice sent to Mortgagor, the entire principal balance and all interest due 6 thereon are collectible forthwith. The following amounts are due on the mortgage Principal Balance $39,517.62 Interest 07/01/2012 through 12/13/2012 $1,332.39 Property Inspections $0.00 Property Preservations $0.00 Appraisal/BPO $0.00 Non Sufficient Funds Charge $0.00 Escrow Deficit $386.08 Subtotal $41,236.09 Suspense Credit $0.00 Escrow Credit $0.0 TOTAL $41,236.09 7 8 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. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, 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, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with File #: 311825 the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of , $41,236.09 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 Ht1I,];,INAN, LLP By: J ichael Kolesnik, Esq., Id. No.308877 ttornev for Plaintiff File #: 311825 LEGAL DESCRIPTION ALL that certain piece or parcel of land situate in the Second Ward of the Borough of Mechanicsburg, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by William B. Whittock, Professional Engineer, dated February 11, 1964, as follows: BEGINNING at a point on the Southern side of East Marble Street, said point being 242 feet West of the Southwestern corner of East Marble Street and South Chestnut Street, said point also being at the dividing line of Lots Nos. 7 and 8 on the hereinafter mentioned plan of lots; thence along said dividing line South 9 degrees 30 minutes East one hundred thirty-nine (139) feet to a point on the Northern line of a five foot easement reserved for public utilities; thence along said easement South 80 degrees 30 minutes West fifty (50) feet to a point at the dividing line of Lots Nos. 6 and 7 on said plan; thence along said dividing line North 9 degrees 30 minutes West one hundred thirty-nine (139) feet to a point on the Southern side of East Marble Street; thence along the same North 80 degrees 30 minutes East fifty (50) feet to the point and place of BEGINNING. BEING all of Lot No. 7 on the South side of Marble Street on a Plan of Lots entitled 'Revised Plan Colonial Heights', said plan is recorded in Plan Book 4, Page 11, Cumberland County Records. HAVING THEREON ERECTED a one and one-half story frame dwelling known as 312 East Marble Street. File #: 311825 BEING THE SAME PREMISES which Robert W. Merrill, Jr. Executor of the Estate and under the East Will and Testament of Nan T. Merrill (also known as Nan F. Merrill), deceased, by deed dated August 19th, 1993 and which is intended to be recorded forthwith in the Cumberland County Office of the Recorder of Deeds, granted and conveyed unto Eugene C. Mattson and Joyce L. Mattson, husband and wife, Mortgagors herein. PROPERTY ADDRESS: 312 EAST MARBLE STREET, MECHANICSBURG, PA 17055- 4263 PARCEL # 17-24-0787-151. File #: 311825 VERIFICATION Eric Gonzalez hereby states that he/she is Assistant Secretary of NATIONSTAR MORTGAGE, LLC, 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 i'alsification to authorities. Name: DATE: ~ ~--~r 3~/~- Erlc Gonzalez - Title: Assistant Secretary NATIONSTAR MORTGAGE, LLC File#:311825 Name: MAIN File #: 31182 FORM l NATIONSTAR MORTGAGE, LLC Plaintiff(s) vs. MARNEY ANN MAIN EUGENE C. MATTSON JOYCE L. MATTSON Defendant(s) IN THE COURT OF COMMON P1'~ASJ' ~ OF CUMBERLAND COUNTY, PENN$,V~IA a 2-*z ~~ ~ ~~:_ ~~ r*~ ~ ~ .mod -vi ~ '3' ~' ~. ~= ~=~ A ~ '~.'~ v' a 1 lJ~ ~I ~ ' a - Civil -~. N . NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to bse your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be 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 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 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 legal representative complete a financial worksheet in the format attached hereto, thelegal 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 scheiuled, 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 nformation 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, whichmust be filed 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 reasonble 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. Witted: ~_ /Z~/~~/~ Dat~ Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff FORM 2 Date Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet 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: 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: $ Included Taxes & Insurance: Date of Last Payment: State: Zip: Yes ^ No ^ Listing date: Price: $ Realtor Phone: Yes ^ No ^ Home: Cell: State: Zip: How long? Home: Cell: Office: Other: Office: Other: State: Zip: How long? Primary Reason for Default: Ic the loan in Bankruptcy? Yes ^ No ^ If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #l: Model: Year: Amount owed: Value: Automobile #2: Model: Year: Amount owed: Value: Other transportation (automobiles boats motorcyclesZ 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 Mort a e Food 2n Mort a e Utilities Car Pa ment(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 ort/Alim. 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: 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 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. 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)