HomeMy WebLinkAbout13-2094 'Supreme Cour -, Pennsylvania
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gj For Prothonotary Use Only:
Gov f; tet
CUMBETi County Docket No:
The information collected on this form is used solely,for court administration purposes. This form does not
supplement or replace the filing and service qfpleadings or other papers as required by law or rules of court.
Commencement of Action:
S 9 Complaint 0 Writ of Summons 0 Petition
E 0 Transfer from Another Jurisdiction 0 Declaration of Taking
Lead Plaintiff's Name: BANK OF AMERICA,N.A.,AS Lead Defendant's Name: MICHELE A.MCEWEN
C SUCCESSOR BY MERGER TO BAC HOME LOANS
T SERVICING,LP F/K/A COUNTRYWIDE HONE
I I LOANS SERVICING,LP Dollar Amount Requested: 0 within arbitration limits
0 Are money damages requested? 0 Yes nXNo (Check one 9 outside arbitration limits
N
Is this a Class Action Suit? ❑ Yes 0 No Is this an MI)J Appeal? ❑ Yes 0 No
A Name of Plaintiff/Appellant's Attorney: John D.Krohn,Esq.,Id.No.312244,Phelan Halligan,LLP
❑ Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant)
Nature of the Place an"X"to the left of the ONE case category that most accurately describes your
Case: PRLM4RY CASE.If you are making more than one type of claim, check the one that
you consider most important.
TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS
0 Intentional D Buyer Plaintiff Administrative Agencies
0 Malicious Prosecution 0 Debt Collection:Credit Card D Board of Assessment
0 Motor Vehicle 0 Debt Collection:Other 0 Board of Elections
0 Nuisance 0 Dept.of Transportation
0 Premises Liability 0 Statutory Appeal:Other
0 Product Liability(does not
S include mass fort) 0 Employment Dispute:
0 Slander/Libel/Defamation Discrimination
E 11 Other: 0 Employment Dispute:Other 0 Zoning Board
C 0 Other:
T
MASS TORT n Other:
0 0 Asbestos
N 0 Tobacco
0 Toxic Tort-DES
0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
0 Toxic Waste 0 Ejectment 0 Common Law/Statutory Arbitration
B 0 Other: 0 Eminent Domain/Condemnation 0 Declaratory Judgment
0 Ground Rent 171 Mandamus
0 Landlord/Tenant Dispute 0 Non-Domestic Relations
0 Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABILITY 0 Mortgage Foreclosure:Commercial 0 Quo Warranto
0 Dental 0 Partition El Replevin
❑Legal
0 Quiet Title 0 Other:0 Medical n Other:
D Other Professional:
PRO rjqVCE
R 10 Alf 10: '20
c"118 C
pEIR SYLVANIU T Y
PHELAN HALLINAN,LLP
John D.Krohn,Esq.,Id.No.312244
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza ATTORNEY FOR PLAINTIFF
Philadelphia,PA 19103
215-563-7000
BANK OF AMERICA,N.A., AS SUCCESSOR BY
MERGER TO BAC HOME LOANS SERVICING, LP COURT OF COMMON PLEAS
F/K/A COUNTRYWIDE HOME LOANS
SERVICING,LP CIVIL DIVISION
7105 CORPORATE DRIVE
PLANO, TX 75024 TERM
Plaintiff
v.
NO.
MICHELE A.MCEWEN CUMBERLAND COUNTY
CRAIG M. MCEWEN
14 LONGVIEW DRIVE
MECHANICSBURG,PA 17050-2721
Defendants
CIVIL ACTION- LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File#: 319341 91 b3.
v` Q�
C�Y
/,?L3 611�
I 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:
MICHELE A.MCEWEN
CRAIG M.MCEWEN
14 LONGVIEW DRIVE
MECHANICSBURG,PA 17050-2721
who is/are the mortgagor(s)and/or real owner(s)of the property hereinafter described.
3. On 07/07/2008 MICHELE A. MCEWEN and CRAIG M. MCEWEN made, executed and
delivered a mortgage upon the premises hereinafter described to MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR MNET
MORTGAGE CORPORATION,A CORPORATION which mortgage is recorded in the
Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument
No. 200824041. By Assignment of Mortgage recorded 05/20/2011 the mortgage was
assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage
Instrument No. 201114552.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. 1-019(g);
which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if
those documents are of public record.
4. Plaintiff, directly or through an agent,has possession of the promissory note. The
promissory note is either made payable to Plaintiff or has been duly endorsed.
5. The premises subject to said mortgage is described as attached.
File 4: 319341
6. 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
by written notice sent to Mortgagor,the entire principal balance and all interest due
thereon are collectible forthwith.
7. The following amounts are due on the mortgage as of 03/25/2013:
Principal Balance $177,077.78
Interest $8,632.53
07/01/2012 through 03/31/2013
Late Charges $610.26
Property Inspections $15.00
Escrow Deficit $2,256.18
Subtotal $188,591.75
Escrow Credit ($1,201.28)
TOTAL $187,390.47
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.
9. 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
File 319341
meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have
been denied assistance by the Pennsylvania Housing Finance Agency.
10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured
WHEREFORE,Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$187,390.47,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, LLP
By:
John D. Kr A, Esq., Id.No.312244
Attorney for Plaintiff
File 314341
e -
LEGAL DESCRIPTION
ALL THAT CERTAIN lot of ground known as Lot No. 37 in a certain plan of lots called
Greenoll Garden Home sites, laid out by Benjamin F. Hunt, Jr. and Reba H. Hunt, his wife,
which plan is recorded in the Recorder's Office in and for Cumberland County, in Plan Book 5,
at page 58, situate in the Township of Silver Spring, County of Cumberland and State of
Pennsylvania, bounded and described as follows,to wit:
Beginning at a point on the street line of the west side of a road known as Longview Road, as
shown in the aforesaid plan of lots, at the corner of Lot No. 36 in said plan; thence along the
street line of Longview Road,North 35 degrees east, one hundred (100) feet to a point; thence
along the line of Lot No. 38 in plan said plan, north 55 degrees west, two hundred(200) feet to a
point; thence south 35 degrees west, one hundred (100) feet to a point; thence along the line of
Lot No. 36 aforesaid, south 55 degrees east, two hundred(200) feet to a point on the street line
of the west side of Longview Road, the place of Beginning.
BEING THE SAME PREMISES which Craig M. McEwen, by deed dated August 4,
2006 and recorded August 23, 2006, in the Recorder of Deeds Office in and for Cumberland
County, PA in Record Book 276, page 1417, granted and conveyed unto Craig M. McEwen and
Michele McEwen, husband and wife, as joint tenants with right of survivorship and not as
tenants in common.
Tax map No: 38-21-0287-022
PROPERTY ADDRESS: 14 LONGVIEW DRIVE, MECHANICSBURG, PA 17050-2721
PARCEL #38-21-0287-022
File#: 319341
VERIFICATION
hereby states tha Gh /she is of BANK OF
AMERICA,N.A., 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 Oher 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: Name:
Title: ta;� Q,1t+7�
BANK OF AMERICA,N.A.
File#: 319341
Name: MCEWEN
File#: 319341
Pa.JILCR 205.5 Updated 0110112011
FORM I
IN THE COURT OF COMMON PLEAS
BANK OF AMERICA,N.A.,AS SUCCESSOR OF CUMBERLAND COUNTY,PENNS)2V A -n
BY MERGER TO BAC HOME LOANS
SERVICING,LP F/K/A COUNTRYWIDE HOME M r-v =W
rn
LOANS SERVICING,LP -'a r-
Plaintiff(s)
-4 C3
VS.
C) C>j--r"
MICHELE A.MCEWEN 5c= --A
CRAIG M.MCEWEN Defendant(s) _;16qqCiviI
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 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)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 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 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 conference is
scheduled,you will have an opportunity to meet with a representative of your tender 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
REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Respectfully submitted:
Date John DAohn,Esq.,Id.
No.312244
Attorney for Plaintiff
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 counseling agency. Please provide the following information to the
best of your knowledge:
CUSTOM ER/PRI MARY APPLICANT
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?
CO-BORROWER
Mailing Address:
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
#of people in household: How long?
L-FINANCIAL INFORMATION
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:
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 transportation(automobiles,boats,motorcycles): Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
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 Expenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
2nd Mortgage Utilities
Car Payment(s) Condo/Neigh.Fees
Auto Insurance Med. not covered)
Auto fuel/repairs Other prop.payment
Install.Loan Payment Cable TV
Child Support/Alim. Spending Money
Da /Child Care/Tuft. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income&Expenses:
Have you been working with a Housing Counseling Agency?
Yes F-1 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?
Yes7 No7
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): Phone:
Servicing Company(Name):
Contact: Phone:
AUTHORIZATION
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)
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#: 319341
-rs Cam.
SHERIFF'S OFFICE OF CUMBERLAND COI Y '
y
Ronny R Anderson ' '
Sheriff �
Jody S Smith =C:� -
Chief Deputy
f
Richard W Stewart , cx� 7t
Solicitor . =ar "
Bank of America, N.A. Successor by Merger to BAC Home Loans Servicing, Case Number
vs. 2013-2094
Michele A McEwen (et al.)
SHERIFF'S RETURN OF SERVICE
04124/2013 10:26 AM-Deputy Ronald Hoover, being duly sworn according to law, served the requested Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing
a true copy to a person representing themselves to be Craig M. McEwen, Spouse,who accepted as
"Adult Person in Charge"for Michele A McEwen at 14 Longview Drive, Silver Spring, Mechanicsburg, PA
17055,
RONALD HOOVER, DEPUTY
04/24/2013 10:26 AM-Deputy Ronald Hoover, being duly sworn according to law, served the requested Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by
"personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Craig
M McEwen at 14 Longview Drive, Silver Spring, Mechanicsburg, PA 17055.
RONALD HOOVER, DEPUTY
SHERIFF COST: $55.00 SO ANSWERS,
April 25, 2013 RONW R ANDERSON, SHERIFF
{e}County9uRe Sheriff,Teleosott,1170.
f tiLi ta-(;r i iC
f'j-bT'H0NOTARy.
?. 13 , 1,N 26 PM 2: 2
CUMBERLAND COUNTY
PENNSYLVANIA
PHELAN HALLINAN,LLP
Joseph P. Schalk, Esq., Id. No. 91656
126 Locust Street
Harrisburg, PA 17101
215-563-7000 Attorney for Plaintiff
BANK OF AMERICA, N.A., AS SUCCESSOR BY
MERGER TO BAC HOME LOANS SERVICING, LP Court of Common Pleas
F/K/A COUNTRYWIDE HOME LOANS
SERVICING, LP Civil Division
7105 CORPORATE DRIVE
PLANO, TX 75024 Term
Plaintiff No. 2013-2094-Civil
V.
Cumberland County
MICHELE A. MCEWEN
CRAIG M. MCEWEN
14 LONGVIEW DRIVE
MECHANICSBURG,PA 17050-2721
Defendants
MOTION TO LIFT CONCILIATION STAY
Plaintiff, Bank of America, N.A., Successor (hereinafter "Plaintiff'), by its attorney,
Joseph P. Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support
thereof avers as follows:
1. On April 18, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure against
Defendants for their failure to make monthly payments of principal. and interest upon their
mortgage due August 1, 2012, and each month thereafter. A true and correct copy of the
Complaint is attached hereto, made part hereof and marked as Exhibit A.
2. On April 24, 2013, Plaintiff completed service on Defendants of the Complaint in
Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage
Foreclosure Diversion Program Notice. A true and correct copy of the Affidavit of Service is
319341
attached hereto, made part hereof and marked as Exhibit B.
3. Pursuant to the Cumberland County Administrative Order February 28, 2012,
which created the Cumberland County Residential Mortgage Foreclosure Diversion Program,the
Foreclosure action is stayed for sixty (60) days from the date of service.
4. Within 60 days after service of the complaint,the Defendant may opt into the
program by filing a Request for Conciliation Conference with the Court. Upon the filing of the
request, the Court will schedule a Conciliation Conference. The program provides that
Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of
notice if not represented by counsel.
5. If more than sixty (60) days has elapsed since the service of Notice of Residential
Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the
Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the
Diversion Program.
6. Defendants failed to opt into the Cumberland County Residential Mortgage
Foreclosure Diversion Program within sixty (60) days of service.
7. Since Defendants have opted not to participate in the Diversion Program, it is
appropriate for the stay to be lifted.
WHEREFORE, Plaintiff respectfully requests that this matter be removed from the
Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic
stay be lifted.
Respectfully submitted,
PHELAN HALLINAN, LLP
1�f
Date: � l BY:
Jos ph . Schalk, Esquire
4orney for Plaintiff
31934]
Exhibit A
319341
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PHELAN HALLINAN,LLP
John D.Krohn,Esq.,Id No.312244
1617 JFK Boulevard,Suite 1400 ATTORNEY FOR PLAINTIFF
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 COURT OF COMMON PLEAS
F/K/A COUNTRYWIDE HOME LOANS
SERVICING;LP CIVIL DIVISION
7105 CORPORATE DRIVE
PLANO,TX 75024 TERM . .l
Plaintiff NO. I S-tXA `7
V.
CUMBERLAND COUNTY
MICHELE A.MCEWEN
CRAIG M.MCEWEN
14 LONGVIEW DRIVE
MECHANICSBURG,PA 17050-2721
Defendants
CIVIL ACTION-LAW
COMPLAINT IN MORTGAGE FORECLOSURE
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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
t'he 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 LIBER'T'Y AVENUE
CARLISLE,PA. 17013
(717)249-3166
(800)990-9108
File#: 319341
PBELAN I-IALLINAN,LLP
John D.Krohn,Esq.,Id.No.312244
1617 JFK Boulevard,Suite 1400 ATTORNEY FOR PLAINTIFF
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 COURT OF COMMON PLEAS
F/K./A COUNTRYWIDE HOME LOANS CIVIL DIVISION
SERVICING,LP
7105 CORPORATE DRIVE
PLANO,TX 75024 TERM
Plaintiff NO,
V. CUMBERLAND COUNTY
MICHELE A.MCEWEN
CRAIG M.MCEWEN
14 LONGVIEW DRIVE
MECIIANICSBURG,PA 17050-2721
Defendants
CXVIL:AG' I0N LAS
+C0.MPLAIl )KrGAG1s..FQRFC1jUSURE-
File N: 319341
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 F
E
7105 CORPORATE DRIVE
PLANO,TX 75024
2. The name(s) and last known address(es)of the Defendant(s)are:
MICHELE A.MCEWEN
CRAIG M.MCEWEN .
14 LONGVIEW DRIVE
MECHANICSBURG,PA 17050-2721
who is/are the mortgagor(s)and/or real owner(s) of the property hereinafter described.
3, On 07/07/2008 MICHELE A. MCEVTEN and CRAIG M.MCEWEN made,executed and
delivered a mortgage upon the premises hereinafter described'to.MORTGAGE
i
ELECTRONIC REGISTRATION SYSTEMS,INC. AS NOMINEE FOR.MNET
MORTGAGE CORPORATION, A CORPORATION which mortgage is recorded in the
Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument
No. 200824041. By Assignment of Mortgage recorded 05/20/2011 the mortgage was
assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage
Instrument No. 201114552.The mortgage and assigivaient(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. Plaintiff,directly or through an agent,has possession of the promissory note. The
promissory note is either made payable to Plaintiff or has been duly endorsed.
5.: The premises subject to said.mortgage is described as attached.
Reg: 319341
6,. 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
by written notice sent to Mortgagor,the entire principal balance and all interest due
thereon are collectible forthwith.
7. The following amounts are due on the mortgage as of 03/25/2013:
Principal Balance $177,077.78
Interest $8,632.53
07/01/2012 through 03/31/2013
Late Charges $ 10.26
$15.
2 2l
Property Inspections $ .
Escrow Deficit 8
Subtotal $1 88,5991,1.175
Escrow Credit ($1,201.28)
TOTAL $187,390.47
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.
9„ 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
File 319341
meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have
been denied assistance by the Pennsylvania.Housing Finance Agency.
14, This action does not come under Act 91 of 1983 because the mortgage is FHA-insured
WHEREFORE,Plaintiff demands an in rem judgment against the Defendant(s)in the sum of
$187,390.47, 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,LLP
By:
John D,�: n;Esq.,Id.No.312244
Attorney., Plaintiff
Filc N: 319341
LEGAL DESCRIPTION
ALL THAT CERTAIN lot of ground known as Lot No. 37 in a certain plan of lots called
Greenoll Garden Horne sites, laid out by Benjamin F. Hunt,Jr. and Reba H.Hunt,his wife,
which plan is recorded in the Recorder's Office in and for.Cumberland County, in Plan Book 5,
at page 58, situate in the Township of Silver Spring,County of Cumberland and State of
Pennsylvania,bounded and described as follows,to wit:
Beginning at a point on the street line of the west side of a road known as Longview Road, as
shown in the aforesaid plan of lots,at the corner of Lot No. 36 in said plan;thence along the
street line of Longview Road,North 35 degrees east, one hundred (100)feet to a point; thence
along the line of Lot No. 38 in plan said plan,north 55 degrees west,two hundred(200) feet to a
point;thence south 35 degrees west, one hundred(100)feet to a point;thence along the line of
Lot No. 36 aforesaid, south 55 degrees east,two hundred(200) feet to a point on the street line
of the west side of Longview Road,the place of Beginning.
BEING THE SAME PREMISES which Craig M. McEwen, by deed dated August 4,
2006 and recorded August 23, 2006,in the Recorder of Deeds Office in and for Cumberland
County,PA in Record Book 276,page 1417,granted and conveyed unto Craig M. McEwen and
Michele McEwen, husband and wife, as joint tenants with right of survivorship and not as
tenants in common.
Tax map No: 38-21-0287-022
PROPERTY ADDRESS: 14 LONGVIEW DRIVE, M.EC'HANICSBURG,PA 17050-2721
PARCEL 4 38-21-0287-022
k ile#: 319341
VERIFICATION
hereby of BANK OF
her y states th h /she is
AMERICA,N.A., 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 o;" ids la e1 information and belief. The undersigned understands that this
statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn
falsification to authorities.
z
r
Naive:
DATE:. �
Title:
Y
BANK OF AMERICA,N.A.
File#: 319341
Name: MCEWEN
File 8: 319341
Pa.R.C:P. 205.5 Updated 0110 120X1
FORM l
IN THE COURT OF COMMON PLEAS
BANK OF AMERICA;N.A.,AS SUCCESSOR O]~CUMBERLAND COUNTY,PENNSYLVANIA
BY MERGER TO BAC HOME LOANS
SERVICING,LP F/K/A COUNTRYWIDE HOME
LOANS SERVICING,LP
Plaintiffs)
x
VS.
MICHELE A.MCEWEN
CRAIG M.MCEWEN
Defendants) 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.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 IvlidPenn Legal Services at(717)243-9400
extension 2510 or(800)822-5288 extension 251Q 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 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 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 conference 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
REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Respectfully submitted:
J LZAIg.—I
Date
John D rahaS,,Esq.;Id.
No.31f24A,
Attorney for Plaintiff
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 counseling agency. Please provide the following information to the
best of your knowledge:
CIJST0MER/PRI MARY APPLICANT
Borrower name(s):
Property Address: _
City: State: - Zip:
Is the property for sale? Yes 0 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?
CO-BORROWER
Mailing Address: ----------.---
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
FINANCIAL INFORMATION
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[:1
If yes,provide names, location of court,case number&attorney:
Assets Amount._QWpd: Value:
Home:
Other Real Estate: $ $
Retirement Funds: $ $. _.._. .
Investments: $ $
Checking: $_ _.. _- $.
Savings: $ $ -
Other: $ $
.Automobile#1: Model: Year:
Amount owed:. Value:
Automobile_#2:Model: . 4 Year:
Amount owed: Value:
Other transportation(automobiles boats,motorcycles): Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
1. Mali lily Gross Monthly Net
2, _ 1VlontM,y Gross, Ivltinihly Net
3, 71Wpthly Gross Monthly Net
Additional Income Description(not wages)':-.
l, 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 _ _
Mort a e Food
2° Mort a e Utilities
Car P.a nlent s: Condo/Neigh,fees
Auto Insurance Med. riot covered).
Auto fuel/repairs Other. ro . pa ment
install.Loan Payment Cable TV
Child SupportWim. S endin Money
DayI/Child Care/Tuit. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income&Expenses:
Have you been working with a Housing Counseling Agency?
Yes❑ No C]
If yes,please provide the following information:
Counseling Agency: Counselor:
Phone(Off ce): Fax:.
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program(HEMAP)
assistance?
Yes❑-No 0
If yes,please indicate the status of the ppb:titibn:
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-o ti'ations;.
Please provide the following information,if known,regarding your lender and lender's.ioan servicing
company:
s
Lender's Contact(Name): Phone;
Servicing Company(Name} .
Contact:. Phone: .. ;
AUTHORIZATION
I/We, ..,authorize the above named
to use/refer this information to niy lender/servicer for the sole purpose of evaluating my
financial situation=far possible mortgage options. I/We understand that Uwe am/are under no obligation to
use the counseling services provided by the above named
Borro�6r 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)
Exhibit B
319341
SHERIFF'S :OFFICE OF CUMBERLAND COUNTY
Ronny'R';Anderson
Sheriff
�¢��ib nt f irmb�y�b
Jody,S Smith r
Rtb. a0 :W Ste watt
Sotic foF aESre of rKE sw F.
Bank of,Ammca,Al A 'Successor by"Merger°to BAC Home•Loans Servicing, Casa Number
.vs.
Michele XMcEwoh(et'al.) 2013-2094
SHERIFF'S RETURN"OF`SERVIC.E
04/24 013 90 26:AM`=Deputy Ftonald'Hoover;.t Bing duly sworn apcording to law,s®rued the:requested Notice of.
Residential Mortgageforeeiosure Diversion,,Program and:Complaint in'Mortgage Foreclosure by handing
a true copyto tperson representing themselves to be Craig M.McEwen,Spouse,who-accepted as
"Aduit;Person In Charge"for Michele AWE~At 14,Longview Drive, Silver Spring;Mechanicsburg,PA
17055.
:RONALD HOOVER,;DEPUTY
0412412011 1'0:26 AM`-Deputy=Ronald Hoover,being duly.svirom acd irdirig,to-law,,served the requested Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage:Foieclasure by
"personally":handing ra true copy'to a person representing:themselves to tie the Defendant,to wit:Craig
M Md-Ewen.at 14 Longview Drive, Silver Spring,Mechanicsburg,PA 17055.
.RONALD HOOVER,,DEPUTY
8HERIFP"W$T=$55:46 SOANSWERS,
April-25j 2013:. RON .R ANDERSON,SHERIFF
�q cowtyWw ShdrM.TMbd4W 16C.
PHELAN HALLINAN, LLP
Joseph P. Schalk, Esq., Id. No. 91656
126 Locust Street
Harrisburg, PA 17101
215-563-7000 Attorney for Plaintiff
BANK OF AMERICA, N.A., AS SUCCESSOR BY Court of Common Pleas
MERGER TO BAC HOME LOANS SERVICING, LP
F/K/A COUNTRYWIDE HOME LOANS Civil Division
SERVICING, LP
7105 CORPORATE DRIVE Tern-
PLANO, TX 75024
No. 2013-2094-Civil
Plaintiff
V. Cumberland County
MICHELE A. MCEWEN
CRAIG M. MCEWEN
14 LONGVIEW DRIVE
MECHANICSBURG, PA 17050-2721
Defendants
CERTIFICATION OF SERVICE
I certify that a true and correct copy of Plaintiffs Motion to Lift Conciliation Stay and
proposed Order were sent via first class mail to the person listed below on the date indicated:
MICHELE A. MCEWEN
CRAIG M. MCEWEN
14 LONGVIEW DRIVE
MECHANICSBURG,PA 17050-2721
Date: 3
J se h N Schalk,Esquire
tt ney for Plaintiff
319341
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
BANK OF AMERICA, N.A., AS SUCCESSOR BY
MERGER TO BAC HOME LOANS SERVICING, LP Court of Common Pleas
F/K/A COUNTRYWIDE HOME LOANS
SERVICING, LP Civil Division
7105 CORPORATE DRIVE
PLANO, TX 75024 Term
Plaintiff No. 2013-2094-Civil
V.
Cumberland County
MICHELE A. MCEWEN
CRAIG M. MCEWEN
14 LONGVIEW DRIVE
MECHANICSBURG, PA 17050-2721
Defendants
ORDER
AND NOW, this Z j* day of I'& 2013, upon consideration of
Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby
ORDERED and DECREED that this matter is removed from the Cumberland County
Residential Mortgage Foreclosure Diversion Program; it is further
ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed
with its Mortgage Foreclosure Action.
BY THE COURT:
J.
ftL
CD
c
�n -'
5c-
4
319341
1
cc: Michele A. and Craig M. McEwen
Joseph P. Schalk, Esq., Id. No. 91656
Attorney for Plaintiff
PHELAN HALLINAN, LLP
Joseph P. Schalk, Esq., Id. No. 91656
126 Locust Street
Harrisburg, PA 17101
215-563-7000
MICHELE A. MCEWEN
CRAIG M. MCEWEN
14 LONGVIEW DRIVE
MECHANICSBURG, PA 1.70510-2721
319341