HomeMy WebLinkAbout13-2215 Supreme Court of Pennsylvania
Court; of Common Pleas For Prothonotary Use Only:
Civil Cover Sheet
CUMBERLAND County Docket No:
The information collected on this_1brm is used solely for court administration purposes. This form does not
supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court.
S Commencement of Action:
❑D Complaint ❑ Writ of Summons ❑ Petition
E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking
C Lead Plaintiffs Name: PHH MORTGAGE Lead Defendant's Name: SANDOR A. HOUSEAL
T CORPORATION
I Are money damages requested? ❑ Yes ❑x No Dollar Amount Requested: ❑ within arbitration limits
Q (Check one) Mx outside arbitration limits
N is this a Class Action Suit? ❑ Yes 0 No Is this an MDJ Appeal? ❑ Yes 0 No
A Name of Plaintiff /Appellant's Attorney: Meredith Wooters, Esq., Id. No.307207, Phelan Hallinan LLP
❑ Check here if you have no attorney (are a Self - Represented (Pro Sel Litigant)
Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your
PRIMARY 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
❑ Intentional ❑ Buyer Plaintiff Administrative Agencies
❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment
❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections
❑ Nuisance ❑ Dept. of Transportation
❑ Premises Liability ❑ Statutory Appeal: Other
❑ Product Liability (does not
S include mass tort) ❑ Employment Dispute:
❑ Slander/Libel/ Defamation Discrimination
E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board
C ❑ Other:
T
I MASS TORT ❑ Other:
O ❑ Asbestos
N ❑ Tobacco ,
❑ Toxic Tort - DES
• Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS
• Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration
B ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment
❑ Ground Rent ❑ Mandamus
❑ Landlord /Tenant Dispute ❑ Non- Domestic Relations
® Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto
• Dental ❑ Partition ❑ Replevin
• Legal ❑ Quiet Title ❑ Other:
• Medical ❑ Other:
❑ Other Professional:
Pa.R.C.P. 205.5 Updated 01/01/2011
OF j PE PRp f1ON' . ,,
D Tl� r,
2013 APR 23 AN jo, 29
CUMBER 5Y�1D
I.VANIA r Y
PHELAN HALLINAN, LLP
Meredith Wooters, Esq., Id. No.307207
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza ATTORNEY FOR PLAINTIFF
Philadelphia, PA 19103
21.5 -563 -7000
PHH MORTGAGE CORPORATION
2001 BISHOPS GATE BLVD COURT OF COMMON PLEAS
MOUNT LAUREL, NJ 08054
CIVIL DIVISION
Plaintiff
V. TERM
SANDOR A. HOUSEAL i S
NO. 1 3 -
209 RENO STREET
NEW CUMBERLAND, PA 17070 -2048 CUMBERLAND COUNTY
Defendant
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File #: 318465 `' "" l/l 11►/
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:
SANDOR A. HOUSEAL
209 RENO STREET
NEW CUMBERLAND, PA 17070 -2048
who is /are the mortgagor(s) and /or real owner(s) of the property hereinafter described.
3. On 10/05/2007 SANDOR A. HOUSEAL made, executed and delivered a mortgage upon
the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC. AS NOMINEE FOR PHH HOME LOANS, LLC D /B /A ERA HOME
LOANS which mortgage is recorded in the Office of the Recorder of Deeds of
CUMBERLAND County, in Mortgage Instrument No. 200739177. By Assignment of
Mortgage recorded 02/26/2013 the mortgage was assigned to PLAINTIFF which
Assignment is recorded in Assignment of Mortgage Instrument No. 201306334.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 10/01/2012 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 #: 318465
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 as of 04/01/2013:
Principal Balance $95,106.03
Interest $3,761.45
09/01/2012 through 04/01/2013
Late Charges $271.80
Property Inspections $33.75
Mortgage Insurance Premium / $38.69
Private Mortgage Insurance
Escrow Deficit $1,074.89
TOTAL $100,286.61
7. Plaintiff is not seeking a judgment of personal liability (or an in persona m 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, 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
the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied
assistance by the Pennsylvania Housing Finance Agency.
9. This action does not come under Act 91 of 1983 because the mortgage is FHA insured.
File #: 318465
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$100,286.61, 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: %M I P J I& IA
Meredith Wooters, Esq., Id. No.307207
Attorney for Plaintiff
File #: 318465
w '
LEGAL DESCRIPTION
ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland,
County of Cumberland and State of Pennsylvania, more particularly bounded and described as
follows, to wit:
BEGINNING at a point on the east side of Reno Street, 107 feet and 6 inches north of the
northern line of Second Street; thence in an easterly direction 115 feet to a 10 foot wide private
alley to be used in common with the abutting owners of the adjoining property, also the said line
being parallel with Second Street; thence in a northerly direction on a line parallel with Reno
Street; 18 feet and 6 inches to the property of George Lease; thence, in a Westwardly direction on
a line parallel with Second Street; passing through the center of a frame party wall 115 feet to
Reno Street; thence in a southerly direction along the line of said Reno Street 18 feet and 6 inches
to the place of BEGINNING.
HAVING thereon erected a 3 -story frame dwelling house known as No. 209 Reno Street, New
Cumberland, Pennsylvania.
UNDER AND SUBJECT to covenants, conditions, reservations, restrictions, easements and right
of ways of record.
BEING THE SAME PREMISES which The Fawn G. Fitting Revocable Living Trust, dated July
27, 2007, by deed to be recorded simultaneously herewith in the Office of the Recorder of Deeds
of Cumberland County, granted and conveyed unto Sandor A. Houseal.
PROPERTY ADDRESS: 209 RENO STREET, NEW CUMBERLAND, PA 17070 -2048
PARCEL # 25 -25- 0006 -264
File #: 318465
a
VERIFICATION
Assistant Vice President
C %�-- hereby states that he /she is 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: & 'ZS�� Vol
P
By _
PHS #: 318465
Name: HOUSEAL
File #: 318465
FORM 1
IN THE COURT OF COMMON PLEAS
PHH MORTGAGE CORPORATION OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s) r C:)
� ca
VS. —j
_X
SANDOR A. HOUSEAL
Defendant(s) J � Civil tV
NOTICE OF RESIDENTIAL MORTGAGE FORECLO -
DIVERSION PROGRAM? _
You have been served with a foreclosure complaint that could cause you to lose your home. -G
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 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:
Date Meredith Wooters, Esq., Id.
No.307207
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/PRIMARV 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?
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:
I • Monthly Gross Monthly Net
2. Monthly Gross Monthly Net
• 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 Su ort /Alim. Spending Mone
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 ❑ 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): 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 k 318465
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
01p �rs3x� 10'r �HE PROTHONO r;`'
Jody S Smith z
Chief Deputy V3M "$ : i
Richard W Stewart W
Solicitor OR« EOPTTet 1414TRIrr CUMBERLAND COUNTY
PENNSYLVANIA
PHH Mortgage Corporation Case Number
vs.
Sandor A Houseal 2013-2215
SHERIFF'S RETURN OF SERVICE
04/24/2013 12:50 PM - Deputy Gerald Worthington, 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 Sarah Houseal, Wife, who accepted as
"Adult Person in Charge"for Sandor A Houseal at 209 Reno Avenue, New Cumberland Borough, New
Cumberland, PA 17070-2048.
2 4 ::�A I Ja�tj
GERALD WORTHINGT , DEPUTY
SHERIFF COST: $46.70 SO ANSWERS,
April 25, 2013 RONN"(R ANDERSON, SHERIFF
(c)CountySuite Sheriff,Teleosoff,Inc.
J
Phelan Hallinan,LLP Attorney For Plaintiff
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
215-563-7000
w T:
PHH MORTGAGE CORPORATION Court of Common Pleas =M F_-
Plaintiff =;r' �
Civil Division 3* --4C�
vs � r
CUMBERLAND County v c-) - r
SANDOR A.HOUSEAL v
Defendant No. 13-2215-CIVIL --i
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/acat the Judgment entered.
Date: I I PHE AN HALLIN LLP
By:
Joseph .Desso ,Esq., . o.200479
Attorney for Plaintiff
PHS#318465
Phelan Hallinan,LLP Attorney for Plaintiff
1617 JFK Boulevard, Suite 1.400
One Penn Center Plaza
Philadelphia,PA 19103
215-563-7000
PHH MORTGAGE CORPORATION Court of Common Pleas
Plaintiff Civil Division
V. CUMBERLAND County
SANDOR A. HOUSEAL No. 13-2215-CIVIL
Defendant PHS#318465
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:
SANDOR A.HOUSEAL
209 RENO STREET
NEW CUMB RL ND,PA 17070-2048
Date: P14EL N HALL ,LLP
By:
Joseph A. Dess ye Esq., o.200479
Attorn y or Plaintiff