HomeMy WebLinkAbout13-2710 Supreme Court. of Pennsylvania
Court of Common Pleas For Prothonotary Use Only:
Civil Cover Sheet
CUMBERLAND County Docket No:
The information collected on this form is used solely for court administrulion purposes. This form does not
supplement or relWace the filin T and service of pleadin s or other pa.7ers as required b); 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 Plaintiff's Name: PHH MORTGAGE Lead Defendant's Name: RYAN A. DOYLE
T CORPORATION
I Are money damages requested? ❑ Yes ❑x No Dollar Amount Requested: ❑ within arbitration limits
O (Check one) ❑x outside arbitration limits
N Is this a Class Action Suit? ❑ Yes Z No Is this an MDJ Appeal? ❑ Yes Z No
A Name of Plaintiff /Appellant's Attorney: John D. Krohn, Esq., Id. No.312244, Phelan Hallinan LLP
❑ Check here if you have no attorney (are a Self- Represented (Pro Sej Litigant)
Nature of the Place an "X" to the left of the ONE case category that most accurately describes your
Case 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
PRO � h . ONO
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14 AH 10 00
CUMBERLAt 10 COUNTY p tdh►SYLVANIA
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
PHH MORTGAGE CORPORATION
2001 BISHOPS GATE BLVD COURT OF COMMON PLEAS
MOUNT LAUREL, NJ 08054
CIVIL DIVISION
Plaintiff
V • TERM
RYAN A. DOYLE NO.
JESSICA C. AYERS
3180 SPRING ROAD CUMBERLAND COUNTY
CARLISLE, PA 17013 -8742
Defendants
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File #: 316694
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:
RYAN A. DOYLE
JESSICA C. AYERS
3180 SPRING ROAD
CARLISLE, PA 17013 -8742
who is /are the mortgagor(s) and /or real owner(s) of the property hereinafter described.
3. On 09/27/2007 RYAN A. DOYLE and JESSICA C. AYERS made, executed and
delivered a mortgage upon the premises hereinafter described to MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR ERA HOME
LOANS, which mortgage is recorded in the Office of the Recorder of Deeds of
CUMBERLAND County, in Mortgage Instrument No. 200737619. By Assignment of
Mortgage recorded 04/11/2013 the mortgage was assigned to PLAINTIFF, which
Assignment is recorded in Assignment of Mortgage Instrument No. 201311665.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.
File #: 316694
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 09/01/2012 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.
6. The following amounts are due on the mortgage as of 02/06/2013:
Principal Balance $138,547.80
Interest $5,115.82
08/01/2012 through 02/06/2013
Late Charges $0.00
Property Inspections $11.25
Mortgage Insurance Premium / $236.80
Private Mortgage Insurance
Escrow Deficit $510.46
TOTAL $144,422.13
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.
File #: 316694
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.
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$144,422.13, 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. 4ohn, Esq., Id. No.312244
Attorney for Plaintiff
File #: 316694
LEGAL DESCRIPTION
ALL THAT CERTAIN triangular tract of land with the improvements thereon erected, situate in
Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at a point in the center of Pennsylvania State Highway Route No. 34; thence in a
Westerly direction by land now or formerly of William Peiper, 145.5 feet to a stone; thence in a
Southeasterly direction by land now or formerly of John D. Kimmel, Roy W. Kitner and Helen J.
Sheaffer, 369 feet to a point in the center of the public road aforesaid; thence in a Northerly
direction by the center of said road, 346 feet to the place of BEGINNING.
LESS, HOWEVER, a small triangular tract of land at the extreme southern portion of the tract of
land herein conveyed; a small part of which is apparently subject to adverse user, and the larger
portion of which contains 0.041 acre', more or less and which was conveyed by Wilmer C. Fry to
Clarence Brownawell by deed dated September 13, 1976 and recorded in Cumberland County
Deed Book 26'U', Page 665.
UNDER AND SUBJECT, nevertheless, to all restrictions, easements, covenants and rights of
way of record, or visible upon inspection of premises.
BEING improved with a dwelling house known as No. 3180 Spring Road, Carlisle,
Pennsylvania.
File #: 316694
BEING THE SAME PREMISES which Kirsten S. Reiner and Emanda L. Reiner, by deed to be
recorded simultaneously herewith in the Office of the Recorder of Deeds of Cumberland County,
granted and conveyed unto Ryan A. Doyle and Jessica C, Ayers.
PROPERTY ADDRESS: 3180 SPRING ROAD, CARLISLE, PA 17013 -8742
PARCEL # 21 -13- 0968 -016
File #: 316694
M
VERIFICATION
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: Jt-
B
LA
PHS #: 316694
Name: DOYLE
File #: 316694
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 #: 316694
FORM 1
IN THE COURT OF COMMON PLEAS
PHH MORTGAGE CORPORATION OF CUMBERLAND COUNTY, PENNS' Alm
Plaintiff(s) r*=
rTs� -0 r
vs. cr, �-iro
RYAN A. DOYLE "C" x -11
JESSICA C. AYERS 2 =a o�
Defendant(s) l3 ' O Civil A �
� -
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 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
John D. 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 P.
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:
1. 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
2 "d 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)
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny RAnderson
Sheriff (; i€i
of �aaau�r %-
Jody S Smith
Chief Deputy 70 13 JUN
Richard W Stewart UBEtL :',ID ;QL)i a-'t
Solicitorrt!,, = ray
PHH Mortgage Corporation Case Number
vs.
Ryan A Doyle(et al.) 2013-2710
SHERIFF'S RETURN OF SERVICE
05/22/2013 11:11 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 Susan Doyle, mother of defendant, who accepted
as"Adult Person in Charge"for Ryan A Doyle at 118 Southside Drive, Newville, PA 17241.
V2,1/
RONALD HOOVER, DEPU
05/24/2013 05:09 PM - Deputy William Cline, 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 endant, to wit:
Jessica Ayers at 3180 Spring Rd, Middlesex Twp, Carlisle, PA 17013.
l
641OL-fAM CLINE, DEPUTY
SHERIFF COST: $55.12 SO ANSWERS,
May 29, 2013 RbNW R ANDERSON, SHERIFF
(c)CountySuite Sheriff,Teleosoft,Inc.