HomeMy WebLinkAbout13-0577IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
CIVIL DIVISION
N0. ~ 3 - Jc7']
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vs.
Lisa M. Chavez,
Defendant.
TO DEFENDANT[Sl:
YOU ARE HERBY NOTIFIED TO PLEAD TO THE ENCLOSED ~,Sitl1
YIIIT}IIN T~AIENTY (ID) DAYS FROM
SERYIC! MEREOf OR A DlFAULT 7UDGMENT MAY BE ENTERED
AGAINST YOU.
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AtEOrnhr for Plaintlff ~-
COMPLAINT IN MORTGAGE
FORECLOSURE
MORTGAGE FORECLOSURE
Filed on behalf of Plaintiff
Counsel of record for this party:
Rodney Permigiani, Esquire
PA I.D. #33311
Vitti & Vitti & Associates, P.C.
215 Fourth Avenue ~ ~ = ,
Pittsburgh, PA 15222 -~,~ ~ :.;'
(412) 281-1725 z,
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Vkti & Vito & Associates, P.C.
BY: Rodnsy Permigiani, Esquire
I.D. #33311
215 Fourth Avenue
Pittsburgh, PA 15222
(412) 281-1725 Attorney for Plaintiff
PNC Bank, National Association, :IN THE COURT OF COMMON PLEAS
Plaintiff, :OF CUMBERLAND COUNTY,
:PENNSYLVANIA
vs.
Lisa M. Chavez,
:CIVIL ACTION -LAW
Defendant.: No.
COMPLAINT IN MORTGAGE FORECLOSURE
N TI E
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 THE
ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES AND
OB3ECTIONS 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
7UDGMENT 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
SHOULD NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
LEGAL HELP.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9108
(717) 249-3166
Vitti &Vitti & Associates, P.C.
BY: Rodney Psrmigi~i, Esquire
I.D. X33311
215 Fourth Avenue
Pittsburgh, PA 15222
(412) 281-1725 Attorney for Plaintiff
PNC Bank, National Association, :IN THE COURT OF COMMON PLEAS
Plaintiff, :OF CUMBERLAND COUNTY,
:PENNSYLVANIA
vs.
:CIVIL ACTION -LAW
Lisa M. Chavez,
Defendant.: No.
COMPLAINT IN MORTGAGE FORECLOSURE
NOW, comes the Plaintiff by its attorneys, Vitti &Vitti & Associates, P.C. and Rodney
Permigiani, Esquire, and pursuant to the Pennsylvania Ruses of Civil Procedure Numbers
1141 through 1150, for its Complaint in Mortgage Foreclosure, sets forth the following:
1. The Plaintiff is a national banking association having a place of business located
at 3232 Newmark Drive, Miamisburg, OH 45342. Plaintiff. is the holder of the mortgage
and is seeking enforcement of the mortgage through foreclosure.
2. The Defendant(s) is/are individuals who resides at 610 Mt. Allen Drive,
Mechanicsburg, PA 17055. The property address is 610 Mt. Allen Drive, Mechanicsburg, PA
17055 and is the subject of this action.
3. On the 26"' day of October, 2007, in consideration of a loan of One Hundred
Fifty Six Thousand Two Hundred Eighty Nine and 00/100 ($156,289.00) Dollars made by
National City Mortgage, a division of National City Bank, to Defendant, the said Defendant
executed and delivered to National City Mortgage, a division of National City Bank a "Note"
secured by a Mortgage with the Defendant as mortgagor and National City Mortgage, a
division of National City Bank, as mortgagee, which mortgage was recorded on the 29th
day of October, 2007, in the Office of the Recorder of Deeds of Cumberland County, at
Instrument No. 200741086. The said mortgage is incorporated herein by reference thereto
as though the same were set forth fully at length. The Plaintiff is successor by merger to
National City Mortgage, a division of National City Bank.
4. The premises secured by the mortgage are:
SEE EXHIBIT ':4 "ATTACHED HERETO.
5. The mortgage provides that, in the event of default in the payment of one or
more installments, the holder may accelerate the entire indebtedness and foreclose the
mortgage by judicial proceeding, in which event the holder is also entitled to collect the
expenses -including attorneys' fees -thereby incurred.
6. Since June 1, 2012, the mortgage has been in default by reason, inter alia, of
the failure of the mortgagor(s) to make payments provided for in the said mortgage
(including principal and interest) and, under the terms of the mortgage, the entire principal
sum is due and payable.
7. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of
Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in
1998, and/or Notice of Default as required by the mortgage document, as applicable, have
been sent to the Defendant(s) on the date set forth thereon, and the temporary stay as
provided the said notice has terminated because Defendant(s) has/have failed to meet with
the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied
assistance by the Pennsylvania Housing Finance Agency.
8. The amount due on said mortgage is itemized on the attached schedule.
9. Pursuant to Pennsylvania Rule of Civil Procedure 1144, the Plaintiff releases
from liability for the debt secured by the mortgage any mortgagor, personal representative,
heir or devisee of the mortgagor who is not a real owner of the property at the time of the
filing of this Complaint.
WHEREFORE, pursuant to Pennsylvania Rule of Civil Procedure Number 1147(6),
Plaintiff demands judgment for the amount due of One Hundred Sixty Thousand Seven
Hundred Seventy Seven and 22/100 ($160,777.22) with interest and costs.
BY:
Respectfully submitted,
SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE
Unpaid Principal Balance
Interest @ 6.2500% from 05/01/12 through
(Plus $24.0675 per day after 1 /31 /2013 )
Late charges through 1 /29/2013
0 months @ 49.50
Accumulated beforehand
(Plus $49.50 on the 17th day of each month after
Attorney's fee
Escrow deficit
(This figure includes projected additional charges that may be incurred by the Plaintiff
and transmitted to the sheriff as charges on the writ prior to the date of the sheriffs sale)
1/31/2013
140,554.03
6,618.55
99.00
1 /29/2013 )
7,027.70
6,477.94
BALANCE DUE 160,777.22
EXHIBIT "A"
LEGAL DESCRIPTION
ALL THAT CERTAIN tract or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania,
bounded and descried as follows, to wit:
BEGINNING at a point on the canter line of Leg~lathre Route No. 21013 leading from U.S. Route 15 to Lisburn
being 468 feet in a southerly dkection by saki center line from point of its intersection with center line of
Township Road No. T-809 and at comer of lands now or formerly of George Markle being Lot No. 125 on the
herektafter mentioned Plan of Lots: thence by the center line of Legislatlve Route No. 21013, South 8 degrees
15 minutes I:ast,100 feet to a point; thence by the dividing line between Lots Nos. 124 and 125 on the
hereinafter mentioned Plan of Lots being also by lands now or formerly of Fred Pennington, South 84 degrees
53 minutes West, 168 feet to a stake; thence by lands now or formerly of Clyde E. Kwnmel, North 8 degrees 15
minutes West, 100 feet to a stake at said lands of Mande; thence by said lids of Marble, North 84 degrees 53
minutes East, 188 feet to the center line of Legislative Route No. 21013, being the point and place of
BEGINNING.
BEING Lot No. 126 on the Plan of Lots of Mt. Allen Heights, Plan C, which Plan is recorded in the Cumberland
County Recorder's Office in Plan Book 10, Page 10, and Improved with a 1 112 story brick and freme dwelling.
UNDER AND SUBJECT, nevertheless, to all easements, restrictions, encumtxanoes and other matters of record
a that which a physical inspection or survey of the premises would reveal.
BEING the same premises which Susan D. McDaniel by deed dated July 27, 2004 and recorded July 29, 2004 in
the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, ~ Deed Book 264, Page
2019, granted and conveyed unto Scott J. Magee and Megan A. Wegener.
VERIFICATION
AND NOW Rodney Permigiani verifies that the statements made in this Complaint
are true and correct to the best of his information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to
unsworn falsification to authorities.
By virtue of the fact that the Plaintiff is outside the jurisdiction of the court and the
verification cannot be obtained within the time allowed for the filing of this pleading, the
pleading is submitted by counsel based upon the information provided his by the Plaintiff.
Dated: January 29, 2013
PNC Bank, National Association,
Plaintiff(s)
vs.
Lisa M. Chavez,
Defendant(s)
FORM 1
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IN THE COURT OF COMMON PI~ O =~ -~:
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CUMBERLAND COUNTY, PErl]V$~;V
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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 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) 243-9400 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, the legal representative will prepare and file 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 can be prepared on your behalf. If you and your lawyer complete
a financial worksheet in the format attached hereto, your lawyer wilt prepare and file 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 WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE
STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
January 29, 2013
Date
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Signatu f s ~ aintiffJ
Rod Perm rani, Esquire
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 determine possible options while working with your
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:
Secand Mortgage Lender:
Type of Loan:
Loan Number:
State: Zip:
Yes ^ No ^ Listing date: Price: $_
Realtor Phone:_
Yes ^ No ^
Home:
Cell:
State: Zip:
Office:
Other:
How long?
Home:
Cell:
Office:
Other:
State: Zip:
How long?
__-
Date You Closed Your Loan:
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:
Assets Amount Owed:
Home: $
Other Real Estate: $
Retirement Funds: $
Investments: $
Checking: $
Savings: $
Other: $
Automobile # 1: Model:
Value:
Amount owed: Value:
Automobile #2: Model:
Amount owed; Value:
Other transportation (automobiles, boats, motorcvclesZ Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
1.
2.
3.
Additional Income Description (not wages):
1. monthly amount:
2. monthly amount:
Borrower Pay Days: Co-Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mo a Fob
2 Mo a Utilities
Car Pa ens Condo/Nei .Fees
Auto Insurance Med. not covered
Auto fueVre irs Other ro . a ent
Install. Loan Pa ent Cable TV
Child Su rt/Alim. S ndin Mone
Da /Child Care/Tuit. Other Ex rises
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): Fes;
Year:
Year:
2
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 know, regazding your lender or lender's loan
servicing company:
Lender's Contact (Name):
Servicing Company (Name):
Contact:
Phone:
Phone:
fie, ,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 Ilwe amaze under no obligation to use the services provided by the above
named _
Borrower Signature
Co-Borrower Signature
Date
Date
Please forward this document along with the following information to lender and
lend_err's counsel:
V Proof of income
~~ Past 2 bank statements
~Y Proof of any expected income for the last 45 days
_~ Copy of a current utility bill
~Y Letter explaining reason for delinquency and any supporting documentation
(hardship letter)
Listing agreement (if property is currently on the market)
3
FORM. 3
IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s)
vs.
Defendant(s) _ _ CIVIL
REQUEST FOR CONCILIATION CONFERENCE
Pursuant to the Administrative Order dated , 2012 governing the Cumberland
County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies
as follows:
1. Defendant is the owner of the real property which is the subject of this mortgage
foreclosure action;
2. Defendant lives in the subject real property, which is defendant's primary
residence;
3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure
Diversion Program" and has taken ail of the steps required in that Notice to be
eligible to participate in acourt-supervised conciliation conference.
The undersigned verifies that the statements made herein are true and correct. I
understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to
unsworn falsification to authorities.
Signature of Defendant's Counsel/Appointed Date
Legal Representative
Signature of Defendant
Signature of Defendant
Date
Date