HomeMy WebLinkAbout13-5989 Supreme Cou ( Pennsylvania
Co ur . Co m o :Pleas
For Prothonotary Use Only:
het
C + County Docket No: " •
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l
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace thefiling and service ofpleadings or other papers as required by law or rules of court.
Commencement of Action:
S 9 Complaint ❑ Writ of Summons ❑ Petition
E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking
C Lead Plaintiffs Name: FANNIE MAE ( "FEDERAL Lead Defendant's Name: WILLIAM J. CORBETT, IV
T NATIONAL MORTGAGE ASSOCIATION ")
I Are money damages requested? El Yes Z No Dollar Amount Requested: ED within arbitration limits
0 (Check one) 59 outside arbitration limits
N Is this a Class Action Suit? ❑ Yes ❑x No Is this an MDJ Appeal? ❑ Yes ❑x No
i Name of Plaintiff/Appellant's Attorney: Allison F. Zuckerman, Esq., Id. No.309519, Phelan Hallinan, LLP
❑ Check here if you have no attorney (are a Self - Represented (Pro Sel 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:
E ❑ Slander/Libel/ Defamation Discrimination
E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board
C ❑ Other:
'T
I El Other:
MASS TORT
j 0 ❑ Asbestos
N ❑ Tobacco
❑ Toxic Tort - DES
❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS
❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration
$ ❑Other: ❑ Eminent Domain/Condemnation El 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
❑ Quiet Title ❑ Other:
❑ Legal ❑Other:
❑ Medical
f ❑ Other Professional:
Pa.R.C.P. 205.5 Updated 01/01/2011
THE
Hmd �;
i 13 OCT I 5 A to:
. 25
CUE' BERLAtio COUNTY
PCt iNSYLVAN i /A
PHELAN HALLINAN, LLP
Allison F. Zuckerman, Esq., Id. No.309519
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza ATTORNEY FOR PLAINTIFF
Philadelphia, PA 19103
allison.zuckerinan@phelanhallinan.com
215 -563 -7000
FANNIE MAE ( "FEDERAL NATIONAL
MORTGAGE ASSOCIATION ") COURT OF COMMON PLEAS
14523 SW MILLIKAN WAY, SUITE 200
BEAVERTON, OR 97005 CIVIL DIVISION
Plaintiff TERM
v. 3, 59 0
NO. f
WILLIAM J. CORBETT, IV
JENNIFER A. CORBETT CUMBERLAND COUNTY
12 WILLOW WAY DRIVE
ENOLA, PA 17025 -2093
Defendants
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
v►�fi
File #: 807888
1. Plaintiff is
FANNIE MAE ( "FEDERAL NATIONAL MORTGAGE ASSOCIATION ")
14523 SW MILLIKAN WAY, SUITE 200
BEAVERTON, OR 97005
2. The name(s) and last known address(es) of the Defendant(s) are:
WILLIAM J. CORBETT, IV
JENNIFER A. CORBETT
12 WILLOW WAY DRIVE
ENOLA, PA 17025 -2093
who is /are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 01/07/2005 WILLIAM J. CORBETT, IV and JENNIFER A. CORBETT made,
executed and delivered a mortgage upon the premises hereinafter described to
MEMBERS 1 ST FEDERAL CREDIT UNION, which mortgage is recorded in the
Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1894,
Page 400. By Assignment of Mortgage recorded 05/01/2013 the mortgage was assigned
to PLAINTIFF, which Assignment is recorded in Assignment of Mortgage Instrument
No. 201314179.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 #: 807888
a
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 10/27/2013:
Principal Balance $192,669.78
Interest $13,611.59
09/01/2012 through 10/27/2013
Late Charges $153.15
Property Inspections $135.00
Escrow Deficit $5,463.09
TOTAL $212,032.61
7. Plaintiff is not seeking a judgment of personal liability (or an in person am 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.
File #: 807888
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$212,032.61, 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 HALL LP
By:
Att son F. Zuc an, q., Id. No.309519
ey laintif
File #: 807888
LEGAL DESCRIPTION
ALL THAT CERTAIN lot or piece of ground situate in the Township of East Pennsboro,
Cumberland County, Pennsylvania, bounded and described according to a certain Final Plan for
Penn Valley, Phase II, prepared by Hartman & Associates, Inc., Engineers and Surveyors, Camp
Hill, Pennsylvania, dated October 16, 1995 and last revised November 2, 1995 and recorded in
Plan Book 71, Page 102, as follows, to wit:
BEGINNING at a point on the southeast side of Willow Way Drive and a corner of Lot No. 144;
thence extending along said lot South 09 degrees 00 minutes 00 seconds east 100.00 feet to a
point in line of lands now or late of Gilbert N. Derick; thence extending along said land South 81
degrees 00 minutes 00 seconds West 80.00 feet to a point a corner of Lot No. 142 on said plan;
thence extending along said lot North 09 degrees 00 minutes 00 seconds West 100.00 feet to a
point on the southeast side of Willow Way Drive; thence extending along said drive North 81
degrees 00 minutes 00 seconds East 80.00 feet to the point and place of BEGINNING.
BEING Lot No. 143
PROPERTY ADDRESS: 12 WILLOW WAY DRIVE, ENOLA, PA 17025 -2093
PARCEL #09 -14- 0835 -238
File #: 807888
VERIFICATION
I, Lisa Lubbess , hereby state that I am Foreclosure Speci of
SETERUS, INC., mortgage servicing agent for Plaintiff in this matter. The Plaintiff has
delegated the mortgage servicing responsibility to SETERUS, INC. for the mortgage loan which
is the subject of this action. Plaintiff lacks sufficient information to make this verification
because Plaintiff is not the entity which maintains the business records for the mortgage.
SETERUS, INC. is in possession and control of all documents and records supporting the
statements in the foregoing complaint and therefore the servicer, rather than the Plaintiff, is the
appropriate entity to make this verification.
I have reviewed the business records relating to this account, and am authorized to make
this verification. I hereby verify that the statements made in the foregoing Civil Action in
Mortgage Foreclosure are true and correct to the best of my information and belief. I understand
that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn
falsification to authorities.
DATE: /C), COI '3
Nam Lisa Lubbess
Title: Foreclosure- Specialist
SETERUS, INC.
File #: 807888
Name: CORBETT
File #: 807888
FORM 1
IN THE COURT OF COMMON PLEAS
FANNIE MAE ( "FEDERAL NATIONAL OF CUMBERLAND COUNTY, PENNSYLVANIA
MORTGAGE ASSOCIATION ")
Plaintiff(s)
vs. ..�
WILLIAM J. CORBETT, IV � t
JENNIFER A. CORBETT - —4
Defendant(s) I Civil c�i> f
...~
NOTICE OF RESIDENTIAL MORTGAGE FORECLO -
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 ofthis 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) 2439400
extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you.
Once you have been appointed a legal representative, you must promptly meet with that legal representative within
twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all
requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal
representative complete a financial worksheet in the format attached hereto, 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 anattempt 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 complant. 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 llison F. Zuckerman, Esq., Id. No.309519
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 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, motorc c}les): 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. I Spending Mone
Da /Child Care /Tuft. I 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:
.J
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 #: 807888
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff r
Jody S Smith
Chief Deputy _u
Richard W Stewart
Solicitor r .,... ,_ w � ( Eh! S Y L `1%
-t 6
Fannie Mae"Federal National Mortgage Association" Case Number
vs. 2013-5989
William J. Corbett, IV(et al.)
SHERIFF'S RETURN OF SERVICE
10/21/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: William J. Corbett, IV, but was unable to locate the Defendant in
his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage
Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 12 Willow Way
Drive, East Pennsboro Township, Enola, PA 17025. Deputies were advised by Jennifer Corbett that the
defendant is residing in Harrisburg, she was not able to provide an exact address and at this time the
Enola Postmaster confirms that mail is still delivered to the address provided.
10/21/2013 04:59 PM- 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:
Jennifer A. Corbett at 12 Willow Way Drive, East Pennsboro Township, la, PA 17025.
RONALD HOOVER,bEPLITY
SHERIFF COST: $65.95 SO ANSWERS,
October 24, 2013 RON R ANDERSON, SHERIFF
+.,cj-oun«Sul:o Sherefl Teieoe,f err,,.
• t py
2814 JAN
PHELAN HALLINAN,LLP r. 1 �(� f '
Emily M.Phelan,Esq.,Id.No.315250 1I 1E dRE
1617 JFK Boulevard,Suite 1400 NS YLAN,A N 1
One Penn Center Plaza
Philadelphia,PA 19103
emily.phelan@phelanhallinan.com
215-563-7000
FANNIE MAE ("FEDERAL NATIONAL : COURT OF COMMON PLEAS
MORTGAGE ASSOCIATION")
Plaintiff : CIVIL DIVISION
vs. : CUMBERLAND COUNTY
•
WILLIAM J. CORBETT, IV : No. 13-5989-CIVIL
JENNIFER A. CORBETT
Defendants
PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE
TO THE PROTHONOTARY:
Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above
captioned matter.
PHELAN ALLLNAN, LLP
By:
Emil . Phelan, Esq., Id. No.315250
,./1 Attorney for Plaintiff
Date: >//7
/nru, Svc Dept.
File#807888
a VISO
NI / 31- /
- - 2oocok-t
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff ' 3
rti �, ui ar„ Ltr, t f tt C
Jody S Smith �� 19 � 3:
Chief Deputy ,-
Richard W Stewart CUMBERLAND CUUN I Y
Solicitor rAr PENNSYLVANIA
Fannie Mae"Federal National Mortgage Association" Case Number
vs. 2013-5989
William J. Corbett, IV(et al.)
SHERIFF'S RETURN OF SERVICE
01/21/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: William J. Corbett, IV, but was unable to locate the Defendant in
the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the
within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage
Foreclosure according to law.
02/06/2014 The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in
Mortgage Foreclosure served by the Sheriff of Dauphin County upon Christopher O'Neil,who accepted
for William J. Corbett, IV, at State Office Building, 508B Finance Blvd., Harrisburg, PA 17120. Jack
Lotwick, Sheriff, Return of Service attached to and made part of the within record.
SHERIFF COST: $37.00 SO ANSWERS,
February 11, 2014 RONR ANDERSON, SHERIFF
. L`1 t f tF L c$lt-L' `tff
Shelley Ruhl ii Jack Duignan
Real Estate Deputy ��`y,✓) • ?kik Chief Deputy
Not Matthew L. Owens — "�*
�'������ Michael W. Rinehart
Solicitor Assistant Chief Deputy
Dauphin County
101 Market Street
Harrisburg,Pennsylvania 17101-2079
ph:(717)780-6590 fax:(717)255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania FANNIE MAE ("FEDERAL NATIONAL
MORTGAGE ASSOCIATION")
VS
County of Dauphin WILLIAM J. CORBETT, IV
Sheriffs Return
No. 2014-T-0259
OTHER COUNTY NO. 2013-5989
And now: FEBRUARY 5, 2014 at 12:18:00 PM served the within REINSTATED COMPLAINT IN
MORTGAGE FORECLOSURE upon WILLIAM J. CORBETT, IV by personally handing to
CHRISTOPHER O'NEIL * 1 true attested copy of the original REINSTATED COMPLAINT IN
MORTGAGE FORECLOSURE and making known to him/her the contents thereof at POE: STATE
OFFICE BLDG, 508-B FINANCE BLVD. HARRISBURG PA 17120
* HUMAN RESOURCES DIRECTOR
Sworn and subscribed to So Answers,
before me this 6TH day of February, 2014
• Sheri of Dauphin Count Pa.
By ►.► I
COMMONWEALTH OF PENNSYLVANIA Depu y Sheriff
NOTARIAL SEAL Deputy: JESSICA KARL
Karen M.Hoffman,Dauphin County Sheriffs Costs: $66.5 1/28/2014
City of Harrisburg,Dauphin County
My Commission Expires January 8,2018
, rt
23144 JUN 23 RN 12: 3 1
CUMBERLAND
Cll ANT;�
NIA
PHELAN HALLINAN, LLP
Joseph P. Schalk, Esquire Attorney for Plaintiff
Identification No. 91656
126 Locust Street
Harrisburg, PA 17101
215-563-7000 x 7365
FANNIE MAE ("FEDERAL NATIONAL Court of Common Pleas
MORTGAGE ASSOCIATION")
14523 SW MILLIKAN WAY, SUITE 200 Civil Division
BEAVERTON, OR 97005
No. 13-5989-CIVIL
Plaintiff
v. Cumberland County
WILLIAM J. CORBETT, IV
JENNIFER A. CORBETT
12 WILLOW WAY DRIVE
ENOLA,PA 17025-2093
Defendant
MOTION TO LIFT CONCILIATION STAY
Plaintiff, Fannie Mae ("Federal National Mortgage Association"), (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 October 15, 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 October 1, 2012, and each month thereafter. A true and correct copy of the
807888
Complaint is attached hereto, made part hereof and marked as Exhibit"A".
2. On February 26, 2014, Plaintiff completed service of the Complaint in Mortgage
Foreclosure along with the Cumberland County Residential Mortgage Foreclosure Diversion
Program Notice upon the Defendants. A true and correct copy of the Sheriff's Return of Service
is 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. Defendant has failed to opt into the Cumberland County Residential Mortgage
Foreclosure Diversion Program within sixty (60) days of service.
7. Since Defendant has opted not to participate in the Diversion Program, it is
appropriate for the stay to be lifted.
807888
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
A110i
Date: BY:
Jose h 'V chalk,Esquire
Atto ey for Plaintiff
807888
Exhibit "A"
FILES-OFFICE
OF THE PROTHONOTARY
2043 OCT I 5 AN 102 25
CUMBERLANO COUNTY
PENNSYLVANIA
PHELAN HALLINAN,LLP
Albs' ern,F.Zackerman,Esq.,Id.No.309519
1617 MK Boulevord,Suite 1400
One Penn Center Plaza ATTORNEY FOR PLAINTIFF
Philsdelphk,PA 19103
allisonzuck.eamen@phelanhallinan.com
215-563-7000
FANNIE MAE("FEDERAL NATIONAL
MORTGAGE ASSOCIATION") COURT OF COMMON PLEAS
14523 SW MILLIKAN WAY,sum 200
BEAVERTON,OR 97005 CIVIL DrAnsioN
Plaintiff TERM 1
v. la)" s9V+9
NO.
WILLIAMS.CORBETF,IV
JENNIFER A.CORBETT CUMBERLAND COUNTY
12 WILLOW WAY DRIVE
ENOLA,PA 17025-2093
Defendants
CIVIL ACTION LAW
COMPLAINT IN MORTGAGE FORECLOSURE
We hgebi Cell*the
within to be a tate end
Attorney Fite DM
ocaect copy csi the
enuinalSedotrecord Please Return
File#; 8071311$
Supreme Court--9t rennsylvania
Cou t`
Comitkni,Pleas
tusr For ProthOnotaryVse Only
lvl g (3 Cl e. et
CUMBER t County Dacl:eeNo: •
,tz: �+ter.
• The information collected on this form is used solely for court administration purposes. This form does not
a r rpletifcttt or replace thefiling and service of{rleth iiigt or otherpapttfs as:required hv law or rules of court. _..
fN Commencement of Action:
0 Complaint U Writ of Summons 0 Petition
.;
0 Transfer from Another Jurisdiction .. 0 Declaration of Taking_
Lead Plaintiffs Name: FANNIE MAE("FEDERAL •Lead Defendant's Name: WILLIAM J.CORBETT,IV
NATIONAL MORTGAGE ASSOCIATION")
Dollar Amount Requested: ❑within arbitration limits
Are money damages requested? ❑Ycs .0 No
(Check.one) 0 outside arbitration limits
I Is this a Class Action Suit? ❑Yes O No Is this an MD3 Appeal? ❑Yes 0 No
jName of Plaintiff/Appellant's Attorney: Allison F.Zuckerman,Esq.,Id.No.309519,Phelan Hallinan,LLP
.:-
Q Check here if you have no attorney(are a Self-Represented [Pro SO Litigant)
Native of the Place an"X"to the left of the ONE case category that most aceurately`describes your
Case: PRIMARYCASE.If you are making more than one type of claim,check the one that
you consider mast:%iriporfant.
TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS
0 Intentional 0 Buyer Plaintiff Administrative Agencies
i, 0 Malicious Prosecution 0 Debt Collection:Credit Card 0 Board of Assessment
r.
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
include mass tort) 0 Employment Dispute:
0 Slander/Libel/Defamation Discrimination
0 Other: 0 Employment Dispute:Other 0 Zoning Board
❑Other:
MASS'1 ORT ❑Other:
0. 0 Asbestos
O Tobacco
O Toxic Tort-DES
0 Toxic Tort-implant REAL PROPERTY MISCELLANEOUS
O Toxic Waste 0 Ejectment 0 Common Law/Statutory Arbitration
0 Other: 0 Eminent Domain/Condemnation 0 Declaratory Judgment
0 Ground Rent 0 Mandamus
0 Landlord/Tenant Dispute 0 Non-Domestic Relations
Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABILITY 0 Mortgage Foreclosure:Commercial 0 Quo Warranto
D Dental 0 Partition 0 Replevin
0 Quiet Title 0 Other:
• 0 Legal
❑Other:
O Medical
G Other Professional:
Pa.R.C.P.205.5 Updated 01/01/2011
FORM 1
IN THE COURT OF COMMON PLEAS
FANNIE MAE("FEDERAL NATIONAL . OF CUMBERLAND COUNTY,PENNSYLVANIA
MORTGAGE ASSOCIATION") •
Plaintiff(s)
vs.
WILLIAM J.CORBEIT,IV
JENNIFER A.CORBETT
Defendant(s) 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 ofthis 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)2439400
extension 2510 or(800)822-5288 extension 2510 and request appointmentof a Iegal 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 s3 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 anattempt 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 beprepared 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 complant.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 mortgageforeclosure 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 suhrnittecl
ro\\L-\\
,(27
Datefr on F.Zuckerman,Esq.,Id.No.309519
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:
CI:STOMLR/PRl4IARI'APPLICANT
Borrower name(s):
Property Address:
City: State: Zip:
Is the property for sale? Yes No Q 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?
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)
1 EXPENSE AMOUNT EXPENSE r AMOUNT
Mortgage I , Food
• 2'.'d Mortae Utilities 1
Car Payment(s) Condo/Neigh.Fees
Auto Insurance Med.(not covered)
Auto fuel/repairs •Other prop.payment
Install.Loan Payment .° Cable TV
Child SupportlAlizn. Spending Money
Day/Child CarefTuit. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income&Expenses:
Have you been working with a Housing Counseling Agency?
Yes 0 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 D No D
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:
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 Uwe 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
Ietter)
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 .1.ELEPHONE 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#: 807888
•
PHELAN HALLINAN,LLP
Allison F.Zuckerman,Esq.,Id.No.309519
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza ATTORNEY FOR PLAINTIFF
Philadelphia,PA 19103
allison.zuckerman@phelanhallinan.com
215-563-7000
FANNIE MAE("FEDERAL NATIONAL
MORTGAGE ASSOCIATION") COURT OF COMMON PLEAS
14523 SW MILLIKAN WAY,SUI I E 200
BEAVERTON,OR 97005 CIVIL DIVISION
Plaintiff TERM
v.
NO.
WILLIAM J.CORBETT.,IV
JENNIFER A.CORBETT CUMBERLAND COUNTY
12 WILLOW WAY DRIVE
ENOLA,PA 17025-2093
Defendants
CIVIL ACTION-LAW
COMPLAINT IN MORTGAGE FORECLOSURE
Filc if: 807888
1. Plaintiff is
FANNIE MAE("FEDERAL NATIONAL MORTGAGE ASSOCIATION")
14523 SW MILLIKAN WAY,SUITE 200
BEAVERTON,OR 97005
2. The name(s)and last known address(es)of the Defendant(s)are:
WILLIAM J.CORBETT,IV
JENNIFER A.CORBETT
12 WILLOW WAY DRIVE
ENOLA,PA 17025-2093
who is/are the mortgagor(s)and/or real owner(s)of the property hereinafter described.
3. On 01/07/2005 WILLIAM J.CORBE 1"1,IV and JENNIFER A. CORBETT made,
executed and delivered a mortgage upon the premises hereinafter described to
MEMBERS 1ST FEDERAL CREDIT UNION,which mortgage is recorded in the
Office of the Recorder of Deeds of CUMBERLAND County,in Mortgage Book 1894,
Page 400. By Assignment of Mortgage recorded 05/01/2013 the mortgage was assigned
to PLAINTIFF,which Assignment is recorded in Assignment of Mortgage Instrument
No. 201314179.The mortgage and assignment(s),if any,are matters of public record and
are incorporated herein by reference in accordance with Pa.RC.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.ud, and by the terms
of said mortgage,upon failure of Mortgagor to make such payments after a date specified
Filet 807888
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 10/27/2013:
Principal Balance $192,669.78
Interest $13,611.59
09/01/2012 through 10/27/2013
Late Charges $153.15
Property Inspections $135,00
Escrow Deficit $5,463,09
TOTAL $212,032.61
7, Plaintiff is not seeking a judgment of personal liability(or an in personatn 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.
Tile#. 807888
WHEREFORE,Plaintiff demands an in rem judgment against the Defendant(s)in the sum of
$212,032.61,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 1I ;LL ?, 4* .1,1
By:
"son V.Zuc..-rman, - *.,Id.No.309519
4 ey fa_ laintit
File#: 807888
.F,GAL DESCRIPTION
ALL THAT CERTAIN lot or piece of ground situate in the Township of East Pennsboro,
Cumberland County,Pennsylvania,bounded and described according to a certain Final Plan for
Penn Valley,Phase II,prepared by Hartman&Associates,Inc., Engineers and Surveyors, Camp
Hill,Pennsylvania,dated October 16, 1995 and last revised November 2, 1995 and recorded in.
Plan Book 71,Page 102, as follows,to wit:
BEGINNING at a point on the southeast side of Willow Way Drive and a corner of Lot No. 144;
thence extending along said lot South 09 degrees 00 minutes 00 seconds east 100.00 feet to a
point in line of lands now or late of Gilbert N. Derick;thence extending along said land South 81
degrees 00 minutes 00 seconds West 80.00 feet to a point a corner of Lot No. 142 on said plan;.
thence extending along said lot North 09 degrees 00 minutes 00 seconds West 100.00 feet to a
point on the southeast side of Willow Way Drive;thence extending along said drive North 81
degrees 00 minutes 00 seconds East 80.00 feet to the point and place of BEGINNING.
BEING Lot No. 143
PROPERTY ADDRESS: 12 WILLOW WAY DRIVE,ENOLA,PA 17025-2093
PARCEL#09-14-035-238
File#: 307888
VERIFICATION
1, Lisa Lubbegs hereby state that I am oreclosure Specialist of
SETERUS,INC.,mortgage servicing agent for Plaintiff in this matter. The Plaintiff has
delegated the mortgage servicing responsibility to SETERUS,INC.for the mortgage loan which
is the subject of this action. Plaintiff lacks sufficient information to make this verification
because Plaintiff is not the entity which maintains the business records for the mortgage.
SETERUS,INC.is in possession and control of all documents and records supporting the
statements in the foregoing complaint and therefore the servicer,rather than the Plaintiff,is the
appropriate entity to make this verification.
I have reviewed the business records relating to this account, and am authorized to make
this verification. I hereby verify that the statements made in the foregoing Civil Action in
Mortgage Foreclosure are true and correct to the best of my information and belief. I understand
that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom
falsification to authorities.
DATE: /0 8:—'2.°/3
File#: 807888
Name: CORBETT
File O. 807888
Lisa Lubbess
Title: Foreclosure Specialist
SETERUS,INC.
Exhibit "B"
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
coos of Coubtitt j-
.
Jody S Smith
Chief Deputy Yu"4
Richard W Stewart .
Solicitor acr+CSOr The SKERIFF
Fannie Mae"Federal National Mortgage Association"
Case Number
Wiliam J.Corbett,IV(et al.) 2013-5989
SHERIFF'S RETURN OF SERVICE
1021/2013 Ronny R Anderson,Sheriff,being duly sworn according to law,states he made diligent search and inquiry
for the within named Defendant to wit:William J.Corbett, IV,but was unable to locate the Defendant in
his bailiwick.The Sheriff therefore returns the within requested Notice of Residential Mortgage
Fonedosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 12WIiow Way
Drive,East Pennsboro Township,Enoia,PA 17025. Deputies were advised by Jennifer Corbett that the
defendant is residing in Harrisburg,she was not able to provide an exact address and at this time the
Enola Postmaster confirms that mail is still delivered to the address provided.
10/21/2013 04:59 PM-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:
Jennifer A.Corbett at 12 Wiiow Way Drive,East Pennsboro Township fa,PA 17025.
RONALD HOOVER, EPt1TY
SHERIFF COST:$85.95 SO ANSWERS,
JJ .
October24,2013 RONts1 RANDERSON,SHERIFF
•
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson •
Sheriff
a,
1 L PER%TO th):
Jody S Smith
;6
Chief Deputy
2014FEB (9 PM 3: 10
Richard W Stewart
TY
Solicitor C4- C MAENRN1-skik Dv AC NO IUAN
Fannie Mae"Federal National Mortgage Association"
Case Number
vs_
William J.Corbett, IV(et al.) 2013-5989
SHERIFF'S RETURN OF SERVICE
01/21/2014 Sheriff Ronny R Anderson,being duly sworn according to law,states he made diligent search and inquiry
for the within named Defendant to wit:William J.Corbett, IV, but was unable to locate the Defendant in
the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the
within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage
Foreclosure according to law.
02/06/2014 The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in
Mortgage Foreclosure served by the Sheriff of Dauphin County upon Christopher O'Neil,who accepted
for William J. Corbett, IV,at State Office Building, 508B Finance Blvd.,Harrisburg,PA 17120.Jack
Lotwick,Sheriff, Return of Service attached to and made part of the within record.
SHERIFF COST:$37.00 SO ANSWERS,
February 11,2014 RON R ANDERSON,SHERIFF
„ „
.iite LT1 t h ' $ltcriff
f..
Shelley h
46.41-
Jack Dui an
CIS4Real Esta a DRueputyl �,�,� ' �"�?' .���. ChiefDeputy
Matthew L.Owens `" -,< '- ' Michael W.Rinehart
Solicitor Assistant Chief Deputy
Dauphin County
101 Market Street
Harrisburg,Pennsylvania!7101-2079
ph:(717)780-6590 fax (717)255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania FANNIE MAE("FEDERAL NATIONAL
MORTGAGE ASSOCIATION")
VS
County of Dauphin WILLIAM J. CORBETT,IV
Sheriffs Return
No.2014-T-0259
OTHER COUNTY NO. 2011-5989
And now:FEBRUARY 5,2014 at 12:18:00 PM served the within REINSTATED COMPLAINT IN
MORTGAGE FORECLOSURE upon WILLIAM J. CORBETT,IV by personally handing to
CHRISTOPHER O'NEIL * I true attested copy of the original REINSTATED COMPLAINT IN
MORTGAGE FORECLOSURE and making known to him/her the contents thereof at POE: STATE
OFFICE BLDG,508-B FINANCE BLVD.HARRISBURG PA 17120
* HUMAN RESOURCES DIRECTOR
Sworn and subscribed to So Answers,
before me this 6TH day of February,2014
Sheri t of Dauphin Coun Pa.
By t )14 I
COMMONWEALTH OF PENNSYLVANIA Depu < Sheriff
NOTARIAL SEAL Deputy: JESSICA KARL
Karen M,Hoffman,Notary Public Sheriffs Costs: $66.5 1/28/2014
City of Harrisburg,Dauphin County
My Commission Expires January 8.2018
231E JUN 23 PH 12: 35
CUMBERLAND COUNTY
PENNSYLVANIA
PHELAN HALLINAN, LLP
Joseph P. Schalk, Esquire Attorney for Plaintiff
Identification No. 91656
126 Locust Street
Harrisburg, PA 17101
215-563-7000 x 7365
FANNIE MAE ("FEDERAL NATIONAL Court of Common Pleas
MORTGAGE ASSOCIATION")
14523 SW MILLIKAN WAY,SUITE 200 Civil Division
BEAVERTON, OR 97005
No. 13-5989-CIVIL
Plaintiff
v. Cumberland County
WILLIAM J. CORBETT, IV
JENNIFER A. CORBETT
12 WILLOW WAY DRIVE
ENOLA, PA 17025-2093
Defendant
CERTIFICATION OF SERVICE
I, Joseph P. Schalk, Esquire, certify that I caused true and correct copies of Plaintiff's
Motion to Lift Conciliation Stay and proposed Order to be sent sent via first class mail to the
person listed below on the date indicated:
WILLIAM J. CORBETT, IV JENNIFER A. CORBETT
STATE OFFICE BUILDING 12 WILLOW WAY DRIVE
508B FINANCE BLVD ENOLA, PA 17025-2093
HARRISBURG, PA 17120
A
Date: 0 L6 i , P.i 41 •! L,4
y By: se. Pchalk, Esquire
Atto ey or Plaintiff
807888
_,.\ .
w7/- ,
ti
% .
J
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA
FANNIE MAE ("FEDERAL NATIONAL Court of Common Pleas
MORTGAGE ASSOCIATION")
14523 SW MILLIKAN WAY, SUITE 200 Civil Division
BEAVERTON, OR 97005
No. 13-5989-CIVIL
Plaintiff
v. Cumberland County
WILLIAM J. CORBETT,IV
JENNIFER A. CORBETT
12 WILLOW WAY DRIVE
ENOLA,PA 17025-2093
Defendant
ORDER
AND NOW,this 2 &'- day of J , 2014, 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 T ' COURT::
c .
- /
J.
C� a
CC : `W iam J. Corbett, IV -' t_l
ennifer A. Corbett r=c- , ---
.a, r--,
P. Schalk, Esquire, Id. No. 91656 ›,r E- f -
, .
Attorney for Plaintiff d fir- :
`"
807888 t es / 2IIL`EcL,
it, ipy
c...._7...pl
PHELAN HALLINAN, LLP
Joseph P. Schalk, Esquire, Id. No. 91656
126 Locust Street
Harrisburg, PA 17101
215-563-7000 x 7365
William J. Corbett,IV
State Office Building
508B Finance Blvd
Harrisburg,PA 17120
Jennifer A. Corbett
12 Willow Way Drive
Enola,PA 17025-2093
807888
PHELAN HALLINAN, LLP
Adam H. Davis, Esq., Id. No.203034
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Adam.Davis@PhelanHallinan.com
215-563-7000
OF
THE IPRO TH CNO� �A�tT ;�:
2014 SEP 30
torney for Plaintiff
N10:52
CUMBERLAND COUNTY
PENNS YLVANIA
FANNIE MAE ("FEDERAL NATIONAL : CUMBERLAND COUNTY
MORTGAGE ASSOCIATION")
: COURT OF COMMON PLEAS
vs.
: CIVIL DIVISION
WILLIAM J. CORBETT, IV
JENNIFER A. CORBETT
: No. 13 -5989 -CIVIL
PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against WILLIAM J. CORBETT,
IV and JENNIFER A. CORBETT, Defendant(s) for failure to file an Answer to Plaintiff's
Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged
premises, and assess Plaintiff's damages as follows:
As set forth in Complaint
$212,032.61
TOTAL $212,032.61
I hereby certify that (1) the Defendants' last known address is 12 WILLOW WAY
DRIVE, ENOLA, PA 17025-2093, and (2) that notice has been given in accordance with Rule
Pa.R.C.P 237.1.
Date 77RT/fq-
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
#•
DAMAGES�� ARE HEREBY ASSESSED AS INDICATED.
DATE: `''l `3
PH # 807888
PROTHONOTARY
t9P
ctirtl, sit .5o pti
807888
3! ILS&
ejl—
AtivLJ i11c ,fed
PHELAN HALLINAN, LLP
Adam H. Davis, Esq., Id. No.203034
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Adam.Davis@PhelanHallinan.com
215-563-7000
FANNIE MAE ("FEDERAL NATIONAL
MORTGAGE ASSOCIATION")
vs.
WILLIAM J. CORBETT, IV
JENNIFER A. CORBETT
Attorney for Plaintiff
: CUMBERLAND COUNTY
. COURT OF COMMON PLEAS
: CIVIL DIVISION
: No. 13 -5989 -CIVIL
AFFIDAVIT OF NON-MILITARY SERVICE
The undersigned attorney hereby verifies that he/she is the attorney for the
Plaintiff in the above -captioned matter, and that on information and belief, he/she has knowledge
of the following facts, to wit:
(a) that the defendant(s) WILLIAM J. CORBETT, IV and JENNIFER A.
CORBETT are not in the Military or Naval Service of the United States or its Allies, or
otherwise within the provisions of the Servicemembers Civil Relief Act, as amended.
(b) that defendant WILLIAM J. CORBETT, IV is over 18 years of age and
resides at 12 WILLOW WAY DRIVE, ENOLA, PA 17025-2093.
(c) that defendant JENNIFER A. CORBETT is over 18 years of age and resides
at 12 WILLOW WAY DRIVE, ENOLA, PA 17025-2093.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
Date
7/i 7/1Ar
Phelan Hallinan, LLP
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
PHELAN HALLINAN, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza, Philadelphia, PA 19103
215-563-7000
807888
Department of Defense Manpower Data Center
•ieu
Last Name: CORBETT
First Name: JENNIFER
Middle Name: A
Active Duty Status As Of: Sep -29-2014
lief. Act
Results as of : Sep -29-2014 12:09:04 AM
SCRA 3.0
On Active Duty On Active Duty Status Date
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
NA .': _
Na
NA
This response reflectsthe individuals' active duty status based on the Active'.Duty Status Date
Left Active Duty Within 367 Dais of Active Duty Status Date
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
.. NA - -
- No i
NA
This response reflects where tite individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His/Her Unit Was Notified of a Futu e Cell -Up to Active Duty on Active Duty Status Date
Order Notification Start Date
Order Notification End Date
Status
Service Component
NA
NA
No.
NA
This response reflects whether the Individual or his/her unit has received early notification to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of
the individual on the active duty status date as to all branches of the Uniformed, Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
Mary M. Snavely -Dixon, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Arlington, VA 22350
Department of Defense Manpower Data Center
Status Report
t to Servicemembers iCivil. Relief Act.
Last Name: CORBETT
First Name: WILLIAM
Middle Name: J
Active Duty Status As Of: Sep -29-2014
Results as of : Sep -29-2014 12:08:56 AM
SCRA 3.0
On Active Duty On Active Duty Status Date
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
NA _ '
- - - No -
NA
This response reflects the individuals' active duty status based on the Active' Duty,Status Date
Left Active Duty Within 367 Days of Active Duty Status Date
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
t�t
- i NA- - - �
- - - No -
NA
This response reflects where,the individual left aetive dory etfltus within` 367 dayi preceding the Active Duty Status Date
a,
The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date
Order Notification Start Date
Order Notification End Date
Status
Service Component
NA
.. NA.
�
. -No
NA
Y
This response reflects whether the individual or'his/her unit has received early notification to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of
the individual on the active duty status date as to all branches of the Uniformed. Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
Mary M. Snavely -Dixon, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Arlington, VA 22350
FANNIE MAE ("FEDERAL NATIONAL
MORTGAGE ASSOCIATION")
Plaintiff
v.
WILLIAM J. CORBETT, IV
JENNIFER A. CORBETT
Defendant(s)
TO: WILLIAM J. CORBETT, IV
12 WILLOW WAY DRIVE
ENOLA, PA 17025-2093
DATE OF NOTICE:..
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 13 -5989 -CIVIL
CUMBERLAND COUNTY
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE
IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO
HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT
PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST
PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS.
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.
Office of the Prothonotary
Cumberland County Courthouse
I Courthouse Square
Carlisle, PA 17013
(717) 240-6195
By:.
PH # 807888
CUMBERLAND COUNTY BAR
ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
Jen at a : t Lobb, Esq., Id. No.312174
Attorney for Plaintiff
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
FANNIE MAE ("FEDERAL NATIONAL
MORTGAGE ASSOCIATION")
Plaintiff
v.
WILLIAM J. CORBETT, IV
JENNIFER A. CORBETT
Defendant(s)
TO: WILLIAM J. CORBETT, IV
STATE OFFICE BUILDING
508E FINANCE BOULEVARD
HARRISBURG, PA 17120
/I/4/hr/
DATE OF NOTICE:
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 13 -5989 -CIVIL
CUMBERLAND COUNTY
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE
IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO
HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT
PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST
PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS.
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.
Office of the Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
(717)240-6195
By:
PH # 807888
CUMBERLAND COUNTY BAR
ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
Jcp: ihin Lobb, Esq., Id. No.312174
Attorney for Plaintiff
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
FANNIE MAE ("FEDERAL NATIONAL
MORTGAGE ASSOCIATION')
Plaintiff
v.
WILLIAM J. CORBETT, IV
JENNIFER A. CORBETT
Defendant(s)
TO: WILLIAM J. CORBETT, IV
4235 SUSSEX DRIVE
APARTMENT 33
HARRISBURG, PA 17109-4377
DATE OF NOTICE: /fit'
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 13 -5989 -CIVIL
CUMBERLAND COUNTY
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE
IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO
HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT
PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST
PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND PILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN I'hN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS.
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 OPFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Office of the Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
(717) 240-6195
By:
PH # 807888
CUMBERLAND COUNTY BAR
ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
J j`athan Lobb, Esq., Id. No.312174
Attorney for Plaintiff
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
FANNIE MAE ("FEDERAL NATIONAL
MORTGAGE ASSOCIATION")
Plaintiff
v.
WILLIAM J. CORBETT, IV
JENNIFER A. CORBETT
Defendant(s)
TO: JENNIFER A. CORBE 11
12 WILLOW WAY DRIVE
ENOLA, PA 17025-2093
DATE OF NOTICE:..
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 13 -5989 -CIVIL
CUMBERLAND COUNTY
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE
IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO
HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT
PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST
PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH TIE COURT
YOUR DEFENSES OR OBJEC'1`IONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS.
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.
Office of the Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
(717) 240-6195
By
PH # 807888
CUMBERLAND COUNTY BAR
ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
Johan Lobb, Esq., Id. No.312174"
Attorney for Plaintiff
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
(Rule of Civil Procedure No. 236) - Revised
FANNIE MAE ("FEDERAL NATIONAL : CUMBERLAND COUNTY
MORTGAGE ASSOCIATION")
: COURT OF COMMON PLEAS
vs.
WILLIAM J. CORBETT, IV : CIVIL DIVISION
JENNIFER A. CORBETT
against you on
: No. 13 -5989 -CIVIL
Notice is given at a Judgment in the above captioned matter has been entered
e3b
By:
If you have any questions concerning this matter please contact:
Phelan Hallinan, LLP
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU
HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT
ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.
807888
PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE)
P.R.C.P. 3180-3183
Fannie Mae ("Federal National Mortgage Association")
Plaintiff
v.
William J. Corbett, IV
Jennifer A. Corbett
Defendant(s)
To the Prothonotary:
Issue writ of execution in the above matter:
Amount Due
Interest from 10/01/2014 to Date of Sale
($34.85 per diem)
TOTAL
Note: Please attach description of property.
PH # 807888
COURT OF COMMON PLEAS
CIVIL DIVISION
NO.: 13 -5989 -CIVIL
CUMBERLAND COUNTY
$212,032.61
$5,401.75
$217,434.36
Phelan Hallinan, LLP
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
4t. ash° Co.
,1f), SDu�
Ki-6&tus(-1
C)
na
77, rri
Cis �
rCD—
t/uIJ
C-
LEGAL DESCRIPTION
ALL THAT CERTAIN lot or piece of ground situate in the Township of East Pennsboro,
Cumberland County, Pennsylvania, bounded and described according to a certain Final Plan for
Penn Valley, Phase II, prepared by Hartman & Associates, Inc., Engineers and Surveyors, Camp
Hill, Pennsylvania, dated October 16, 1995 and last revised November 2, 1995 and recorded in Plan
Book 71, Page 102, as follows, to wit:
BEGINNING at a point on the southeast side of Willow Way Drive and a corner of Lot No. 144;
thence extending along said lot South 09 degrees 00 minutes 00 seconds east 100.00 feet to a point
in line of lands now or late of Gilbert N. Derick; thence extending along said land South 81 degrees
00 minutes 00 seconds West 80.00 feet to a point a corner of Lot No. 142 on said plan; thence
extending along said lot North 09 degrees 00 minutes 00 seconds West 100.00 feet to a point on the
southeast side of Willow Way Drive; thence extending along said drive North 81 degrees 00
minutes 00 seconds East 80.00 feet to the point and place of BEGINNING.
BEING Lot No. 143
Containing 8,000 square feet
UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions and
rights-of-way of record.
TITLE TO SAID PREMISES IS VESTED IN William J. Corbett, IV and Jennifer A. Corbett,
h/w, by Deed from Michael D. Cooper, single man, dated 10/12/2004, recorded 01/11/2005 in
Book 267, Page 505.
PREMISES BEING: 12 Willow Way Drive, Enola, PA 17025-2093
PARCEL NO. 09-14-0835-238
PHELAN HALLINAN, LLP
Adam H. Davis, Esq., Id. No.203034
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Adam.Davis@PhelanHallinan.com
215-563-7000
FILED -Of H O_ Attorneys for Plaintiff
OF THE PROTHONO T/,r
2014 SEP 30 ft;1
CUMBERLAND COUNTY
PENNSYLVANIA
Fannie Mae ("Federal National Mortgage Association")
Plaintiff
v.
William J. Corbett, IV
Jennifer A. Corbett
Defendant(s)
CERTIFICATION
: COURT OF COMMON PLEAS
: CIVIL DIVISION
: NO.: 13 -5989 -CIVIL
CUMBERLAND County
The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned
matter and that the premises are not subject to the provisions of Act 91 because:
the mortgage is an FHA Mortgage
the premises is non -owner occupied
the premises is vacant
Act 91 procedures have been fulfilled
Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943
This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to
authorities.
By
Phelan Hallinan, LLP
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
Fannie Mae ("Federal National Mortgage Association")
Plaintiff
v.
William J. Corbett, IV
Jennifer A. Corbett
Defendant(s)
COURT OF COMMON PLEAS
CIVIL DIVISION
NO.: 13 -5989 -CIVIL
CUMBERLAND COUNTY
AFFIDAVIT PURSUANT TO RULE 3129.1
Fannie Mae ("Federal National Mortgage Association"), Plaintiff in the above action, by the undersigned attorney, sets forth
as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 12 Willow
Way Drive, Enola, PA 17025-2093.
1. Name and address of Owner(s) or reputed Owner(s):
Name Address (if address cannot be reasonably ascertained,
please so indicate)
William J. Corbett, IV
Jennifer A. Corbett
12 Willow Way Drive
Enola, PA 17025-2093
12 Willow Way Drive
f_.. .
Enola, PA 17025-2093 ,
2. Name and address of Defendant(s) in the judgment: r*t (a) C
Name Address (if address cannot be reasonably r"
ascertained, please so indicate) �W c2'
r—
William J. Corbett, IV 12 Willow Way Drive ›-T
Enola, PA 17025-2093 = o --.°
Jennifer A. Corbett 12 Willow Way Drive --i c:.', A
Enola, PA 17025-2093 `c ---
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold:
Name Address (if address cannot be
reasonably ascertained, please indicate)
None.
4. Name and address of last recorded holder of every mortgage of record:
Name Address (if address cannot be
reasonably ascertained, please indicate)
None.
5. . Name and address of every other person who has any record lien on the property:
Name Address (if address cannot be
reasonably ascertained, please indicate)
None.
6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the
sale.
Name Address (if address cannot be
reasonably ascertained, please indicate)
None.
PH # 807888
I 7.
Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may
be affected by the sale:
Name Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant
Jennifer Corbett
C/O Samuel Andes, Esquire
Commonwealth of Pennsylvania Bureau of
Individual Taxes Inheritance Tax Division
Department of Public Welfare, TPL Casualty
Unit, Estate Recovery Program
Domestic Relations of
Cumberland County
Commonwealth of Pennsylvania
Department of Welfare
Internal Revenue Service Advisory
U.S. Department of Justice
U.S. Attorney for The Middle District of PA
Federal Building
12 Willow Way Drive
Enola, PA 17025-2093
525 N 12th st
PO Box 168
Lemoyne, PA 17043
6th Floor, Strawberry Sq.
Dept 280601
Harrisburg, PA 17128
P.O. Box 8486
Willow Oak Building
Harrisburg, PA 17105
13 North Hanover Street
Carlisle, PA 17013
P.O. Box 2675
Harrisburg, PA 17105
1000 Liberty Avenue Room 704
Pittsburgh, PA 15222
228 Walnut Street, Suite 220
PO Box 11754
Harrisburg, PA 17108-1754
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the penalties
of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities.
Date:
PH # 807888
By:
Phelan Hallinan, LLP
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
PHELAN HALLINAN, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza, Philadelphia, PA 19103
215-563-7000
Fannie Mae ("Federal National Mortgage Association")
William J. Corbett, IV
Jennifer A. Corbett
vs.
: COURT OF COMMON PLEAS
Plaintiff : CIVIL DIVISION
: NO.: 13 -5989 -CIVIL
: CUMBERLAND County
Defendant(s) :
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: William J. Corbett, IV
Jennifer A. Corbett
12 Willow Way Drive
Enola, PA 17025-2093
**THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY
ENFORCEMENT OF A LIEN AGAINST PROPERTY.**
Your house (real estate) at 12 Willow Way Drive, Enola, PA 17025-2093 is scheduled to be sold at the
Sheriff's Sale on 03/04/2015 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street,
Carlisle, PA 17013 to enforce the court judgment of $212,032.61 obtained by Fannie Mae ("Federal National
Mortgage Association") (the mortgagee) against you. In the event the sale is continued, an announcement will
be made at said sale in compliance with Pa.R.C.P. Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale, you must take immediate action:
1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and
reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment,
if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause.
You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance you will
have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the
price bid by calling 215-563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared
to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this
has happened, you may call 215-563-7000.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if
the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff
gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of
distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after
the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his
office. This schedule will state who will be receiving that money. The money will be paid out in accordance
with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff
within ten (10) days after the filing of the proposed schedule.
7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately
after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW
TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
SHORT DESCRIPTION
By virtue of a Writ of Execution No. 13 -5989 -CIVIL
Fannie Mae ("Federal National Mortgage Association")
V.
William J. Corbett, IV
Jennifer A. Corbett
owner(s) of property situate in EAST PENNSBORO TOWNSHIP, CUMBERLAND County,
Pennsylvania, being
12 Willow Way Drive, Enola, PA 17025-2093
Parcel No. 09-14-0835-238
(Acreage or street address)
Improvements thereon: RESIDENTIAL DWELLING
Judgment Amount: $212,032.61
Attorneys for Plaintiff
Phelan Hallinan, LLP
LEGAL DESCRIPTION
ALL THAT CERTAIN lot or piece of ground situate in the Township of East Pennsboro,
Cumberland County, Pennsylvania, bounded and described according to a certain Final Plan for
Penn Valley, Phase II, prepared by Hartman & Associates, Inc., Engineers and Surveyors, Camp
Hill, Pennsylvania, dated October 16, 1995 and last revised November 2, 1995 and recorded in Plan
Book 71, Page 102, as follows, to wit:
BEGINNING at a point on the southeast side of Willow Way Drive and a corner of Lot No. 144;
thence extending along said lot South 09 degrees 00 minutes 00 seconds east 100.00 feet to a point
in line of lands now or late of Gilbert N. Derick; thence extending along said land South 81 degrees
00 minutes 00 seconds West 80.00 feet to a point a corner of Lot No. 142 on said plan; thence
extending along said lot North 09 degrees 00 minutes 00 seconds West 100.00 feet to a point on the
southeast side of Willow Way Drive; thence extending along said drive North 81 degrees 00
minutes 00 seconds East 80.00 feet to the point and place of BEGINNING.
BEING Lot No. 143
Containing 8,000 square feet
UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions and
rights-of-way of record.
TITLE TO SAID PREMISES IS VESTED IN William J. Corbett, IV and Jennifer A. Corbett,
h/w, by Deed from Michael D. Cooper, single man, dated 10/12/2004, recorded 01/11/2005 in
Book 267, Page 505.
PREMISES BEING: 12 Willow Way Drive, Enola, PA 17025-2093
PARCEL NO. 09-14-0835-238
THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PA
DAVID D. BUELL, PROTHONOTARY
One Courthouse Square • Suite100 • Carlisle, PA • 17013
(717) 240-6195
www.cepa.net
FANNIE MAE ("FEDERAL NATIONAL
MORTGAGE ASSOCIATION")
Vs. NO 13-5989 Civil Term
CIVIL ACTION — LAW
WILLIAM J. CORBETT, IV
JENNIFER A. CORBETT
WRIT OF EXECUTION
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell
the following described property:
(1) See legal description.
(2) (Specifically describe personal property when judgment results from a mortgage covering
both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code)
NOTE: Description of property must be attached to the writ.
Amount Due: $212,032.61 L.L.: $.50
Interest FROM 10/1/2014 TO DATE OF SALE ($34.85 PER DIEM) - $5,401.75
Atty's Comm:
Atty Paid: $263.45
Plaintiff Paid:
Date: 9/30/14
(Seal)
REQUESTING PARTY:
Name: ADAM H. DAVIS, ESQUIRE
Address: PHELAN HALLINAN, L.P.
1617 JFK BLVD., SUITE 1400
ONE PENN CENTER PLAZA
PHILADELPHIA, PA 19103
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No. 203034
Due Prothy: $2.25
Other Costs:
David D.
ell, Prothonotary
By:
Deputy
Phelan Hallinan, LLP
Justin F. Kobeski, Esq., Id. No.200392
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
justin.kobeski@phelanhallinan.com
215-563-7000
FANNIE MAE ("FEDERAL NATIONAL
MORTGAGE ASSOCIATION")
Plaintiff
v.
ATTORNEY FOR PLAINTIFF
0
-1
-71
Court of Common PLea"s .> .;
S r. r._:.,
Civil Division
CUMBERLAND Counlyr,
WILLIAM J. CORBETT, IV No.: 13 -5989 -CIVIL v-,
JENNIFER A. CORBETT
Defendants
PLAINTIFF'S MOTION TO REASSESS DAMAGES
Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the
Prothonotary to amend the judgment in this matter, and in support thereof avers the following:
1. Plaintiff commenced this foreclosure action by filing a Complaint on October 15,
2013.
2. Judgment was entered on September 30, 2014 in the amount of $212,032.61. A
true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and
marked as Exhibit "A".
3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment
containing a dollar amount must be entered for the amount claimed in the complaint and any item
which can be calculated from the complaint, i.e. bringing the interest current. However, new items
cannot be added at the time of entry of the judgment.
4. The Property is listed for Sheriffs Sale on March 4, 2015.
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1
5. Additional sums have been incurred or expended on Defendants' behalf since the
Complaint was filed and Defendants have been given credit for any payments that have been made
since the judgment. The amount of damages should now read as follows:
Principal Balance
Interest Through November 1, 2014
Late Charges
Legal fees
Cost of Suit and Title
Property Inspections
Escrow Deficit
$192,669.78
$25,574.27
$153.15
$2,850.00
$782.35
$390.00
$12,914.81
TOTAL $235,334.36
6. The judgment formerly entered is insufficient to satisfy the amounts due on the
Mortgage.
7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to
inclusion of the figures set forth above in the amount of judgment against the Defendants.
8. Plaintiffs foreclosure judgment is in rem only and does not include personal
liability, as addressed in Plaintiffs attached brief.
9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of
its proposed Motion to Reassess Damages and Order to the Defendant on November 25, 2014 and
requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants.
A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) is attached hereto,
made part hereof, and marked as Exhibit "B".
10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that
Judge Kevin A. Hess entered an order granting Plaintiff's Motion to Lift Conciliation Stay dated
June 26th, 2014.
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2
WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
DATE:
By:
Phelan Hallinan, LLP
obeski, Esqui
ATT Y FOR PLA TIFF
807888
Phelan Hallinan, LLP
Justin F. Kobeski, Esq., Id. No.200392
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
justin.kobeski@phelanhallinan.com
215-563-7000
FANNIE MAE ("FEDERAL NATIONAL
MORTGAGE ASSOCIATION")
Plaintiff
v.
WILLIAM J. CORBETT, IV
JENNIFER A. CORBETT
Defendants
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 13 -5989 -CIVIL
MEMORANDUM OF LAW IN SUPPORT OF
PLAINTIFF'S MOTION TO REASSESS DAMAGES
I. BACKGROUND OF CASE
WILLIAM J. CORBETT, IV and JENNIFER A. CORBETT executed a Promissory Note
agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and
mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a
Mortgage on the Property located at 12 WILLOW WAY DRIVE, ENOLA, PA 17025-2093.
The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any
necessary sums, including taxes, insurance, and other items, in order to protect the security of the
Mortgage.
In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous,
promised monthly mortgage payments. Accordingly, after it was clear that the default would not be
cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently
entered by the Court, and the Property is currently scheduled for Sheriffs Sale.
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1
Because of the excessive period of time between the initiation of the mortgage foreclosure
action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are
outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums,
costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage
in order to protect its interests. It is also appropriate to give Defendants credit for monthly
payments tendered through bankruptcy, if any.
II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT
It is settled law in Pennsylvania that the Court may exercise its equitable powers to control
the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E.,
Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase
Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The
Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its
judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489
(Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998).
Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991).
The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445
Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact,
can be expected to change from day to day because the bank must advance sums in order to protect
its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must
protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d
826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the
judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality
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2
Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale
without the requested amended judgment, and if there is competitive bidding for the Property,
Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to
protect its interests. Conversely, amending the in rem judgment will not be detrimental to
Defendants as it imputes no personal liability.
In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that
a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa.
Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not
adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender
payments during the foreclosure proceeding and the advances made by the mortgage company. The
Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal
and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor
are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance
premiums, fire insurance premiums, taxes and other assessments relating to the Property. The
mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant
unjust financial losseson this loan.
III. THE FORECLOSURE JUDGMENT IS IN REM ONLY
The within case is a mortgage foreclosure action, the sole purpose of which is to take the
mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage
foreclosure is strictly in rem and does not include any personal liability. Newtown Village
Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer
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3
Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania
Rule of Civil Procedure 1141(a).
However, Pennsylvania law requires that the foreclosure action demand judgment for the
amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for
bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the
mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would
receive the amount of the in rem judgment from the Sheriff.
IV. INTEREST
The Mortgage clearly requires that the Defendants shall promptly pay when due the
principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest
to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days
prior to the date of default through the date of the impending Sheriff s sale has been requested.
V. TAXES AND INSURANCE
If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure
proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale,
Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the
outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be
able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums.
Most importantly, the Mortgage specifically provides that the mortgagee may advance the
monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is
simply seeking to have the Court enforce the terms of the Mortgage.
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4
VI. ATTORNEY'S FEES
The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done
throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91
letters, loan documents, account records, title reports and supporting documents, preparing and
reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1
Notice, Department of Defense search, entry of judgment, the writ of execution process, lien
holder notices, and all of the other legal work that goes into handling the mortgage foreclosure
lawsuit.
The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The
amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the
loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded
that a request of five percent of the outstanding principal balance is reasonable and enforceable as
an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan
Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974).
In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee
of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super.
1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included
in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton
Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are
significantly less than what is permitted by Pennsylvania law.
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5
VII. COST OF SUIT AND TITLE
Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in
the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff
paid to date as a result of the mortgage default.
The title report is necessary to determine the record owners of the property, as Pa.R.C.P.
1144 requires all record owners to be named as Defendants in the foreclosure action. It is also
necessary to determine whether there are any prior liens to be cleared, so that the Sheriff s sale
purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens
on the property, whether the Defendants are divorced (which could affect service of the
complaint), and numerous other legal issues. The title bringdown is necessary to identify any
new liens on the property or new owners between the time of filing and complaint and the writ
date.
The Freedom of Information Act inquiries and the investigation into Defendants'
whereabouts are necessary to effectively attempt personal service of the complaint and notice of
sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1
and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as
their interests will be divested by the Sheriff's sale.
Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were
necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred.
The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its
foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from
the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of
suit and title in their entirety, which will not cause harm to the Defendants.
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6
VIII. PROPERTY INSPECTIONS AND PRESERVATION
The terms of the mortgage provide for property inspections and property preservation
charges. The lender or its agent may make reasonable inspections of the property pursuant to the
terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender
may do, or pay for, whatever is reasonable to protect its interest in the collateral, including
property maintenance. Any amounts disbursed by the lender for property inspections and
preservation become additional debt of the borrower secured by the mortgage. The lender may
charge the borrower for services performed in connection with the default, for the purpose of
protecting the lender's interest in the property, including property inspections and valuation
costs.
When a loan is in default, the lender's risk increases. Mortgage companies typically have
a vendor visit the premises to determine if any windows need to be boarded up, if the property is
vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any
problems at the mortgaged premises, then the mortgage company may proceed to take whatever
steps are necessary to secure the collateral, such as boarding windows, winterizing, removing
hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks,
which are referred to in the industry as "property preservation". These services avoid code
violations and avoid the property becoming an eyesore in the neighborhood. Property
preservation helps maintain property values in the neighborhood.
Accordingly, line items included in Motions to Reassess Damages for property
inspections and property preservation represent amounts which the mortgage company has paid
out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract.
Since the terms of the mortgage provide that such expenses by the mortgage company become
807888
7
part of the borrower's debt secured by the mortgage, those expenses are properly included in the
Plaintiff's Motion to Reassess Damages.
IX. CONCLUSION
Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by
legal proceedings, and such delays require the mortgagee to expend additional sums provided for by
the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be
included in the judgment.
Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess
Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance
with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would
recover the monies it expended to protect its collateral.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
DATE: izJ(i
Phelan Hall_ an, LLP
Justin F obeski, Esqu e
Atto ' y for Plaintiff
8
807888
Exhibit "A'
PHELAN HALLINAN, LLP
Adam H. Davis, Esq., Id. No.203034
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Adam.Davis@PhelanHallinan.com
215-563-7000
urs fFfE P b -OF 1C--
201ySEP 30 A;i1.1*
CUMf3ERLA,ND COUNTY
PENNSYLVANIA
FANNIE MAE ("FEDERAL NATIONAL
MORTGAGE ASSOCIATION")
vs.
WILLIAM J. CORBETT, IV
JENNIFER A. CORBETT
•
•
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
No. 13 -5989 -CIVIL
PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES 4tomegiiecopy
Rama Return
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against WILLIAM J. CORBETT,
IV and JENNIFER A. CORBETT, Defendant(s) for failure to file an Answer to Plaintiff's
Complaint within 20 days from service thereof and for foreclosure and sale of the mckttragfilNi
premises, and assess Plaintiff's damages as follows:„, b
gatgrr
As set forth in Complaint $212,032.61.
TOTAL $212,032.61
I hereby certify that (1) the Defendants' last known address is 12 WILLOW WAY
DRIVE, ENOLA, PA 17025-2093, and (2) that notice has been given in keordgn% Rule
Pa.R.C.P 237.1.WR
Date QI /l
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
DATE: ai /011H
PH # 807888
PROTHONOTARY
807888
Exhibit "B"
Phelan Hallinan, LLP
November 014
WILLIAM J. CORBETT, IV
12 WILLOW WAY DRIVE
ENOLA, PA 17025-2093
PHELAN HALLINAN, LLP
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103
(215) 563-7000
FAX#: (215) 563-3459
Representing Lenders in
Pennsylvania
JENNIFER A. CORBETT
18 CUMBERLAND ESTATES DRIVE
APTD
MECHANICSBURG, PA 17050-1719
RE: FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") v. WILLIAM
J. CORBETT, IV and JENNIFER A. CORBETT
Premises Address: 12 WILLOW WAY DRIVE ENOLA, PA 17025
CUMBERLAND County CCP, No. 13 -5989 -CIVIL
Dear Defendants,
Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages
and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your
concurrence with the requested relief that is, increasing the amount of the judgment. Please
respond to me within 5 days, by 11/29/2014.
Should you have ; ler questions or concerns, please do not hesitate to contact me.
se please be gu accordingly:
:At y for Plain
10 ure
,S4., Id. No.200392
807888
Phelan Hallinan, LLP
Justin F. Kobeski, Esq., Id. No.200392
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
justin.kobeski@phelanhallinan.com
215-563-7000
ATTORNEY FOR PLAINTIFF
FANNIE MAE ("FEDERAL NATIONAL Court of Common Pleas
MORTGAGE ASSOCIATION")
Plaintiff Civil Division
v. CUMBERLAND County
WILLIAM J. CORBETT, IV No.: 13 -5989 -CIVIL
JENNIFER A. CORBETT
Defendants
CERTIFICATION OF SERVICE
I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages,
and Brief in Support thereof, were sent to the following individuals on the date indicated below.
WILLIAM J. CORBETT, IV
JENNIFER A. CORBETT
12 WILLOW WAY DRIVE
ENOLA, PA 17025-2093
WILLIAM J. CORBETT, IV
4235 SUSSEX DRIVE
APARTMENT 33
HARRISBURG, PA 17109-4377
DATE: ) Z/51/4
By:
WILLIAM J. CORBETT, IV
STATE OFFICE BUILDING
508B FINANCE BOULEVARD
HARRISBURG, PA 17120
JENNIFER A. CORBETT
18 CUMBERLAND ESTATES DRIVE
APT D
MECHANICSBURG, PA 17050-1719
Phelan -..:..r:,: LLP
Justin F�obeski, E . quire
ATT EY FOR PLAINTIFF
807888
AFFIDAVIT OF SERVICE (FNMA)
PLAINTIFF CUMBERLAND COUNTY
FANNIE MAE ("FEDERAL NATIONAL MORTGAGE
ASSOCIATION") PH # 8078
DEFENDANT
WILLIAM J. CORBETT, IV
JENNIFER A. CORBETT
SERVE JENNIFER A. CORBETT AT:
18 CUMBERLAND ESTATES DRIVE
APTD
MECHANICSBURG, PA 17050-1719
SERVICE TEAM/ Lich
COURT NO.: 13 -5989 -CIVIL
TYPE OF ACTION
XX Notice of Sheriff's Sale
SALE DATE: March 4, 2015
SERVED
Served and made known to JENNIFER A. CORBETT, Defendant on the eday of NOt/"1"12 20 (4, at
'.(SS , o'clock M., at _113 CuAt6eP l4iN A EST/MS 1)Ri4 in the manner described below:
_ Defendant personally served. M�-t}.fNtcs 1309-6-1 M,
✓Adult family member with whom Dcfcndant(s) reside(s).
Relationship is MOrtlt?22.
_ Adult in charge of Defendant's residence who refused to give name or relationship.
Manager/Clerk of place of lodging in which Dcfcndant(s) reside(s).
Agent or person in charge of Defendant's office or usual place of business.
an officer of said Defendant's company.
Other.
Description: Age 5D Height S 3' Weight OS- Race IA) Sex F Other
Ronald Moll , a competent adult, hereby verify that I personally handed a true and correct copy of the
Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address
indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to
unsworn falsification to authorities.
DATE: «I (gI l'f NAME:
61(441,,c -(4A -0,e
Ronald Moll
PRINTED NAME:
Process Server
TITLE:
NOT SERVED
On the dayof 20 , at o'clock . M., I, a competent adult hereby
state that Defendnt NOT FOUND because:
_ Vacant Does Not Exist — Moved _ Does Not Reside (Not Vacant)
_ No Answer on at at
Service Refused
Other:
I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn
falsification to authorities.
BY:
PRINTED NAME:
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
FANNIE MAE ("FEDERAL NATIONAL
MORTGAGE ASSOCIATION")
Plaintiff
v.
WILLIAM J. CORBETT, IV
JENNIFER A. CORBETT
Defendants
RULE
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 13 -5989 -CIVIL
AND NOW, this 15' day of ).44.i 2014, a Rule is entered upon the Defendants
to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess
Damages.
Defendants shall have twenty (20) days from the date of this Order to file a response to
Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a
Motion to Make Rule Absolute and no hearing will be scheduled on this matter.
>CZt
c
807888
ustin F. Kobeski, Esq., Id. No.200392
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
Philadelphia, PA 19103
TEL: (215) 563-7000
FAX: (215) 563-3459
LLIAM J. CORBETT, IV
JENNIFER A. CORBETT
12 WILLOW WAY DRIVE
ENOLA, PA 17025-2093
/WILLIAM J. CORBETT, IV
4235 SUSSEX DRIVE
APARTMENT 33
HARRISBURG, PA 17109-4377
cop.„
iapspy
/WILLIAM J. CORBETT, IV
STATE OFFICE BUILDING
508B FINANCE BOULEVARD
HARRISBURG, PA 17120
JENNIFER A. CORBETT
18 CUMBERLAND ESTATES DRIVE
APT D
MECHANICSBURG, PA 17050-1719
807888
807888
Phelan Hallinan, LLP
Jonathan Lobb, Esq., Id. No.312174
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Jonathan.Lobb@phelanhallinan.com
215-563-7000
FANNIE MAE ("FEDERAL NATIONAL
MORTGAGE ASSOCIATION")
Plaintiff
vs.
WILLIAM J. CORBETT, IV
JENNIFER A. CORBETT
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 13 -5989 -CIVIL
Defendants
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the Court's December 15, 2014 Rule
directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should
not be granted was served upon the following individuals on the date indicated below.
WILLIAM J. CORBETT, IV
JENNIFER A. CORBETT
12 WILLOW WAY DRIVE
ENOLA, PA 17025-2093
WILLIAM J. CORBETT, IV
4235 SUSSEX DRIVE
APARTMENT 33
HARRISBURG, PA 17109-4377
DATE:
By:
WILLIAM J. CORBETT, IV
STATE OFFICE BUILDING
508B FINANCE BOULEVARD
HARRISBURG, PA 17120
JENNIFER A. CORBETT
18 CUMBERLAND ESTATES DRIVE
APT D
MECHANICSBURG, PA 17050-1719
Phelan Hallinan, LLP
Jon. 'man Lobb, Esq., Id. No.312174
Attorney for Plaintiff
807888
Phelan Hallinan, LLP
Justin F..Kobeski, Esq., Id. No.2009 17;; -' u vi o; ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
COUP(
One Penn Center Plaza �' ` s T
Philadelphia, PA 19103 3 '' J ,{ ,tr i
justin.kobeski@phelanhallinan.com
215-563-7000
FANNIE MAE ("FEDERAL NATIONAL Court of Common Pleas
MORTGAGE ASSOCIATION")
Plaintiff Civil Division
vs. CUMBERLAND County
WILLIAM J. CORBETT, IV No.: 13 -5989 -CIVIL
JENNIFER A. CORBETT
Defendants
MOTION TO MAKE RULE ABSOLUTE
FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION"), by and
through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute
in the above -captioned action, and in support thereof avers as follows:
1. A Motion to Reassess Damages was filed with the Court on December 4, 2014.
2. A Rule was issued by the Honorable Judge Kevin A. Hess on or about December
15, 2014 directing the Defendants to show cause by January 5, 2015 why the Motion to Reassess
Damages should not be granted. A true and correct copy of the Rule is attached hereto, made
part hereof, and marked Exhibit A.
3. The Rule to Show Cause was timely served upon all parties on December 23,
2014 in accordance with the applicable rules of civil procedure. A true and correct copy of the
Certificate of Service is attached hereto, made part hereof, and marked Exhibit B.
4. Defendants failed to respond or otherwise plead by the Rule Returnable date of
January 5, 2015.
807888
2
WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show
Cause absolute and grant Plaintiff's Motion to Reassess Damages.
DATE: 1 -7 /)5
By:
Phelan H. an, LLP
Justin F obeski, Esq., ' . No.200392
Atto -y for Plaintiff
3
807888
Exhibit "A'
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
FANNIE MAE ("FEDERAL NATIONAL
MORTGAGE ASSOCIATION")
Plaintiff
WILLIAM J. CORBETT, IV
JENNIFER A. CORBETT
Defendants
AND NOW, thisf day o
RULE.
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 13 -5989 -CIVIL
4, a Rule is entered upon the Defendants
to show cause why an Order should not be entered granting Plaintiff's Motion. to Reassess
Damages.
Defendants shall have twenty (20) days from the date of this Order to file a response to
Plaintiff's Motion to Reassess Damages. If no responseis filed with the Court, Plaintiff may file a
Motion to Make Rule Absolute and no hearing will be scheduled on this matter.
BY THE COURT
Exhibit "B"
Phelan Hallinan, LLP flirinUTAP'.-
Jonathan Lobb, Esq., Id. No.312174 *ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400 P.E1' 1317C 2i. nil I I 30
One Penn Center Plaza
C -
Philadelphia, PA 19103 01.1:1111YiyA;41 A
Jonathan.Lobb@phelanhallinan.com
215-563-7000
FANNIE MAE ("FEDERAL NATIONAL
MORTGAGE ASSOCIATION")
Plaintiff
vs.
WILLIAM J. CORBETT, IV
JENNIFER A. CORBETT
Defendants
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 13 -5989 -CIVIL
47.
q• • 11/00,
CERTIFICATION OF SERVICE
'4,?Zhy
I hereby certify that a true and correct copy of the Court's December 15, 2014 RulelkOty
directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should
not be granted was served upon the following individuals on the date indicated below.
WILLIAM J. CORBETT, IV
JENNIFER A. CORBETT
12 WILLOW WAY DRIVE
ENOLA, PA 17025-2093
WILLIAM J. CORBETT, IV
4235 SUSSEX DRIVE
APARTMENT 33
HARRISBURG, PA 17109-4377
DA1E:
By:
WILLIAM J. CORBETT, IV
STATE OFFICE BUILDING
508B FINANCE BOULEVARD
HARRISBURG, PA 17120
JENNIFER A. CORBETT
• 18 CUMBERLAND ESTA1ES DRIVE
APT D
MECHANICSBURG, PA 17050-1719
Phelan Hallinan, LLP
obb, Esq., Id. No.312174
Attorney for Plaintiff
807888
;1
Phelan Hallinan, LLP
Justin F. Kobeski, Esq., Id. No.200392
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
justin.kobeski@phelanhallinan.com
215-563-7000
FANNIE MAE ("FEDERAL NATIONAL
MORTGAGE ASSOCIATION")
Plaintiff
vs.
WILLIAM J. CORBETT, IV
JENNIFER A. CORBETT
Defendants
CERTIFICATION OF SERVICE
I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute
was served upon the following individuals on the date indicated below.
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 13 -5989 -CIVIL
WILLIAM J. CORBETT, IV
JENNIFER A. CORBETT
12 WILLOW WAY DRIVE
ENOLA, PA 17025-2093
WILLIAM J. CORBETT, IV
4235 SUSSEX DRIVE
APARTMENT 33
HARRISBURG, PA 17109-4377
DATE: 1 I -7 !/.0 By:
WILLIAM J. CORBETT, IV
STATE OFFICE BUILDING
508B FINANCE BOULEVARD
HARRISBURG, PA 17120
JENNIFER A. CORBETT
18 CUMBERLAND ESTATES DRIVE
APT D
MECHANICSBURG, PA 17050-1719
Phelan
, LLP
Justin F. eski, E;q., Id. No.200392
Attom-; jor Plainti
807888
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
FANNIE MAE ("FEDERAL NATIONAL
MORTGAGE ASSOCIATION")
Plaintiff
vs.
WILLIAM J. CORBETT, IV
JENNIFER A. CORBETT
Defendants
ORDER
AND NOW, this /1*- day of 9,7 , 2015, upon consideration of Plaintiff's
Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered
upon Defendants shall be and is hereby made absolute and Plaintiffs Motion to Reassess
Damages in the above captioned matter is hereby GRANTED. The Prothonotary is ORDERED
to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows:
Court of Common Pleas
Civil Division
CUMBERLAND CouTy
rrLTJ
No.: 13 -5989 -CIVIL 7_3
u)r
r1
CO
C)
Principal Balance
Interest Through November 1, 2014
Late Charges
Legal fees
Cost of Suit and Title
Property Inspections
Escrow Deficit
TOTAL
Plus interest at six percent per annum.
$192,669.78
$25,574.27
$153.15
$2,850.00
$782.35
$390.00
$12,914.81
$235,334.36
Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above
figure.
Co? l'es rableL
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///3/is'
BY THE COURT:
807888