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Home My WebLink About13-6101 Supreme Cour-t:of. Pennsylvania v Cour o Commo Pleas r For Prothonotary Use Only: iivill"Covef S h`'eet .�;.. I Ile _ CURE FA1�1� County Docket No: The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S D Complaint ❑ Writ of Summons ❑ Petition E+ ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: SOVEREIGN BANK, N.A. Lead Defendant's Name: WENDY R. ARMSTRONG T I Are money damages requested? El Yes 0 No Dollar Amount Requested: El within arbitration limits 0 (Check one) N outside arbitration limits N Is this a Class Action Suit? ❑ Yes 0 No Is this an NIDJ Appeal? ❑ Yes N No A Name of Plaintiff/Appellant's Attorney: John Michael Kolesnik Esq., Id. No.308877, Phelan Hallinan, LLP ❑ Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies • Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment • Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation • Premises Liability ❑ Statutory Appeal: Other • Product Liability (does not S include mass tort) ❑ Employment Dispute: • Slander/Libel/ Defamation Discrimination E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T MASS TORT ❑ Other: 0 ❑ Asbestos N ❑ Tobacco • Toxic Tort - DES • Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law/Statutory Arbitration $ ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto • Dental ❑ Partition ❑ Replevin • Legal ❑ Quiet Title ❑ Other: ❑ Other: • Medical • Other Professional: Pa.R.C.P. 205.5 Updated 01/01/2011 l u! E. T 0N6TAR Yj '2'1 OCT 17 qtr ?Q: 43 ' 1 MBERLAND COUNTY FENNSYLYAINlA PHELAN HALLINAN, LLP John Michael Kolesnik, Esq., Id. No.309977 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 John.Kolesnik@phelanhallinari.com 215- 563 -7000 SOVEREIGN BANK, N.A. 824 NORTH MARKET STREET, SUITE 100 COURT OF COMMON PLEAS WILMINGTON, DE 19801 CIVIL DIVISION Plaintiff V. TERM WENDY R. ARMSTRONG NO. I AD jo� 475 MULBERRY DRIVE MECHANICSBURG, PA 17050 -3211 CUMBERLAND COUNTY Defendant CIVIL ACTION. - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 927362 1 �J 1. Plaintiff is SOVEREIGN BANK, N.A. 824 NORTH MARKET STREET, SUITE 100 WILMINGTON, DE 19801 2. The name(s) and last known address(es) of the Defendant(s) are: WENDY R. ARMSTRONG 475 MULBERRY DRIVE - MECHANICSBURG, PA 17050 -3211 who is /are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/01/2005 WENDY R. ARMSTRONG made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Book 1929, Page 4084.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. Sovereign Bank is now known as Sovereign Bank, N.A. 5. The premises subject to said mortgage is described as attached. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 02/01/2013 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 927362 7. The following amounts are due on the mortgage as of 08/30/2013: Principal Balance $88,565.09 Interest $3,646.23 01/01/2013 through 08/30/2013 Late Charges $215.46 Property Inspections $41.40 Escrow Deficit $1,136.86 TOTAL $93,605.04 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged . premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied -- assistance by the Pennsylvania Housing Finance Agency. File 4. 927362 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $93,605.04, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN, LLP By: Jo ichael Kolesnik, Esq., Id. No.308877 torney for Plaintiff File #: 927362 LEGAL DESCRIPTION ALL THOSE TWO CERTAIN parcels of land situate in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit {in accordance with a survey set forth in Deed Book E -30, page 7): TRACT NO. 1: BEGINNING at a point of intersection of center lines of Hogestown Road and Mulberry Drive; thence by the line of Mulberry Drive South 49 degrees 41 minutes 55 seconds West 421.26 feet to a point; thence by lands now or late of Harry Dietz North 40 degrees 10 minutes West 110.0 feet to a point at an iron pin; thence by same and Tract No. 2 North 50 degrees 15 minutes East 394.5 feet to the center line of Hogestown Road; thence by the center line of Hogestown Road South 55 degrees 15 minutes East 110 feet to the point and place of BEGINNING. HAVING THEREON ERECTED a dwelling house known and numbered as 200 Mulberry Drive. TRACT NO. 2: BEGINNIGN at a point on the center line of Hogestown Road being 110 feet in a Westerly direction from said Mulberry Drive; thence by Tract No. 1 South 50 degrees 15 minutes West 157.5 feet to a pipe; thence by land now or late of Harry Dietz North 55 degrees 15 minutes West 29.46 feet to a point; thence by lands now or late of Dennis Stoner North 34 degrees 45 minutes East 150 feet to a point in the center line of Hogestown Road; thence by the center line of Hogestown Road South 55 degrees 15 minutes East 71 feet to a point and place of BEGINNING. UNDER AND SUBJECT to Acts of Assembly, county and township ordinances, right of public utility and public service companies, existing restrictions and easements, visible or of record, to the extent that any persons or entities have acquired legal rights thereto. PROPERTY ADDRESS: 475 MULBERRY DRIVE, MECHANICSBURG, PA 17050 -3211 PARCEL #38 -21 -0291 -040. File #: 927362 VERIFICATION �fl S O ( e hereby states that he /she is V oi � v sv of SOVEREIGN B S �"Y`a o r BANK, N.A, Plaintiff in this matter, that he /she is authorized tom e this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 1 Q to 1 Name �A ecc�h r S o ey L Title: �- re CSI O 5 LLY- t—* c�t'Y1 I Vl t S�I�GI.T U SOVEREIGN BANK, N.A File #: 927362 Name: ARMSTRONG File #: 927362 FORM 1 IN THE COURT OF COMMON PLEAS SOVEREIGN BANK, N.A. OF CUMBERLAND COUNTY, PENNSYLVAN� " Plaintiff(s) G � vs. i-11 `J+ u f WENDY R. ARMSTRONG / n J'�4y" Defendant(s) 'lJ' I Civil r O 15s , 'Z c OC Q � NOTICE OF RESIDENTIAL MORTGAGE FORECLOSUI DIVERSION PROGRAM -� You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact Mid'enn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: od Date hn Michael Kolesnik, Esq., Id. No308877 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 • Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? CO-BORROWER Mailing Address: City: State: Zip Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If-yes, provide names, location of court, case number & attorney: Assets Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: I . Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 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 nd Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. not covered Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Mone Da /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: 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 #: 927362 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson _ - Sheriff Jody S Smith 's Chief Deputy , , i;, Richard W Stewart J , Solicitor p., ` `3'i_' r,e'1 r Sovereign Bank N.A. vs. Case Number Wendy Armstrong 2013-6101 SHERIFF'S RETURN OF SERVICE 10/18/2013 03:38 PM - Deputy Brian Grzyboski, 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: Wendy Armstrong at 475 Mulberry Drive, Silver Spring, Mechanicsburg, PA 0. IAN GRZYB KI, TY SHERIFF COST: $39.30 SO ANSWERS, October 21, 2013 RON R ANDERSON, SHERIFF (c,i Cuu:^:tyoul. ShurEt,Te.e0sot*, !.:.,. Phelan Ha Milan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 T runu T*, 2014 APR -9 Ail 10: 1 CUMBERLAND COUNTY PENNSYLVANIA Attorney For Plaintiff SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK, N.A. Plaintiff v. WENDY R. ARMSTRONG Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 13-6101 CIVIL PRAECIPE TO THE PROTHONOTARY: Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. r Please mark the above referenced case Settled, Discontinued and Ended. El Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. I— Please mark the in rem judgment Satisfied and the action Discontinued and Ended. E Please Vacate the Judgment entered. Date: PH # 927362 PHELAN HALLIN , LLP By: Chrisovalante P. Fliakos, Esq., Id. No.94620 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215- 563 -7000 Attorney For Plaintiff SANTANDER BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK, N.A. Plaintiff v. WENDY R. ARMSTRONG Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 13 -6101 CIVIL CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: WENDY R. ARMSTRONG 475 MULBERRY DRIVE MECHANICSBURG, PA 17050 -3211 Date: q l 4 ,14 PHELAN HALLINAN, LLP By: Chrisovalante P. Fliakos, Esq., Id. No.94620 Attorney for Plaintiff