The URL can be used to link to this page

Home My WebLink About13-6467 For Prothonotary Use Only: Civil,Cover fleet i , CU RERLA.ND i K County Docket No: ; t The information collected on this form is used solely, for court administration purposes. This form does not supplement or replace the filing and service o ' leadin s or other papers as required by law or rules of court. S Commencement of Action: Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: PNMAC MORTGAGE Lead Defendant's Name: DANIEL ROACH T OPPORTUNITY FUND INVESTORS, LLC I Are money damages requested? ❑ Yes N No Dollar Amount Requested: ❑ within arbitration limits O (Check one) 0 outside arbitration limits N Is this a Class Action Suit? ❑ Yes ❑x No Is this an MDJ Appeal? ❑ Yes ❑x No A Name of Plaintiff /Appellant's Attorney: Adam H. Davis, Esq. , Id. No.203034 Phelan Hallinan LLP ❑ Check here if you have no attorney (are a Self- Represented f Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not S include mass tort) ❑ Employment Dispute: ❑ Slander/Libel/ Defamation Discrimination E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T I MASS TORT ❑ Other: O ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration B ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto • Dental ❑ Partition ❑ Replevin • Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Pa.R.C.P. 205.5 Updated 01/01 /2011 E /$0 y A t0: 4 lr'WIB CRL.4 �dD 3 LMNIA PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 Adam.Davis @PhelanHallinan.com 215 -563 -7000 PNMAC MORTGAGE OPPORTUNITY FUND INVESTORS, LLC COURT OF COMMON PLEAS 6101 CONDOR DRIVE, SUITE 330 MOORPARK, CA 93021 CIVIL DIVISION Plaintiff TERM NO. DANIEL ROACH 864 ERFORD ROAD CUMBERLAND COUNTY CAMP HILL, PA 17011 -1129 MICHELLE B. ROACH 864 ERFORD ROAD CAMP HILL, PA 17011 -1129 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 46162 - T3� 1 �� c File #: 806783 I . Plaintiff is PNMAC MORTGAGE OPPORTUNITY FUND INVESTORS, LLC 6101 CONDOR DRIVE, SUITE 330 MOORPARK, CA 93021 2. The name(s) and last known address(es) of the Defendant(s) are: DANIEL ROACH 864 ERFORD ROAD CAMP HILL, PA 17011 -1129 MICHELLE B. ROACH 864 ERFORD ROAD CAMP HILL, PA 17011 -1129 who is /are the mortgagor(s) and /or real owner(s) of the property hereinafter described. 3. On 10/26/2007 DANIEL ROACH and MICHELLE B. ROACH made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR WILMINGTON FINANCE, LLC, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 200741480. By Assignment of Mortgage recorded 10/15/2010 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment of Mortgage Instrument No. 201029576.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 806783 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 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 09/26/2013: Principal Balance $82,383.83 Interest $8,494.52 09/01/2012 through 09/26/2013 Late Charges $0.00 Property Inspections $216.00 Escrow Deficit $1,400.39 TOTAL $92,494.74 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 806783 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has /have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has /have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $92,494.74, 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: �(/ O✓Y� Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff File 4: 806783 1 d LEGAL DESCRIPTION All that certain lot or parcel of ground situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: Beginning at a point on the southerly line of Erford Road which point is at the dividing line between Lots Nos. 19 and 19X, Block 'M' on said plan; Thence along the southerly line of Erford Road in an arc having a radius of 50.00 feet in a northerly direction to the left, 68.48 feet to a point at the westerly line of land now or late of the East Pennsboro Township Authority; Thence along same South 46 degrees 50 minutes East, 198.00 feet to a point; Thence South 43 degrees 10 minutes West, 40.00 feet to a point at the dividing line between Lots Nos. 19 and 19X, Block M, aforesaid; Thence along said dividing line and through the center of a partition wall and beyond North 46 degrees 50 minutes West 149.01 feet to a point, the place of beginning. Being Lot No. 19X, Block M, on the Plan #19 of Ridley Park Homes, Inc. prepared by D.P. Raffensperger Associates, Engineers and Surveyors, dated January 25, 1971, and recorded in Plan Book 22, Page 64 (erroneously described as Plan Book 'T', Volume 33, Page 1, in prior deed chain), and known as 864 Erford Road, Camp Hill, PA. Having thereon erected a dwelling known as 864 Erford Road, Camp Hill, Pennsylvania, 17011. PROPERTY ADDRESS: 864 ERFORD ROAD, CAMP HILL, PA 17011 -1129 PARCEL #09 -17- 1044 -001 File #: 806783 VERIFICATION I, Spencer Nagy , hereby state that I am Default Specialist of PennyMac Loan Services, LLC. servicing agent for PNMAC MORTGAGE OPPORTUNIT Y FUND INVESTORS, LLC in this matter. The Plaintiff has delegated the mortgage servicing responsibility to PENNYMAC LOAN SERVICES, LLC 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. PENNYMAC LOAN SERVICES, LLC 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 unsworn falsification to authorities. PennyMac Loan Services, LLC. servicing agent for PNMAC MORTGAGE OPPORTUNITY FUND INVESTORS, LLC Date: (o'2&-I�j By: apt— &4< Name: Spencer Nagy Title: Default Specialist 806783 Name: ROACH File #: 806783 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 #: 806783 FORM 1 IN THE COURT OF COMMON PLEAS PNMAC MORTGAGE OPPORTUNITY FUND OF CUMBERLAND COUNTY, PENNSYLVANIA INVESTORS, LLC Plaintiff(s) vs. DANIEL ROACH MICHELLE B. ROACH Defendants) ( Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date U �l C-) Adam H. Davis, Esq., Id. No.203034 C- Attorney for Plaintiff r--, � CD CD CJ T/ ' 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: ER/PRIMARY i CUSTOM .P Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? CO-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: .Is the loan in Bankruptcy? Yes ❑ No ❑ If des, provide names, location of court, case number & attorney: Assets Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2" 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. 1 Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION I /We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /We understand that 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 letter) 6. Listing agreement (if property is currently on the market) - e SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson _ Sheriff , Jody S Smith Chief Deputy 13 DES 23 P6 2: r Richard W Stewart Solicitor P- ES FP,F=' PENNSYLVAM PNMAC Mortgage Co., LLC vs. Case Number Daniel Louis Roach (et al.) 2013-6467 SHERIFF'S RETURN OF SERVICE 12/05/2013 08:02 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: Daniel Louis Roach at 864 Erford Road, East Pennsboro, Camp Hill, PA 1701 BRIAN GRZY S , PUTY 12/05/2013 08:02 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 handing a true copy to a person representing themselves to be Daniel Louis Roach, Husband,who accepted as "Adult Person in Charge"for Michelle B. Roach at 864 Erford Road, East Pennsboro Township, Camp Hill, PA 17011. BRIAN GRZY SKI, Y SHERIFF COST: $111.80 SO ANSWERS, December 20, 2013 RON R ANDERSON, SHERIFF , irtyL u h e r c >„.'. c s Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 2014 1119 x110: (l PEh"? S�,'VAlOUI J1. Attorney For Plaintiff PNMAC MORTGAGE OPPORTUNITY FUND INVESTORS, LLC Plaintiff v. DANIEL ROACH MICHELLE B. ROACH Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 13 -6467 -CIVIL PRAECIPE TO THE PROTHONOTARY: ® Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. n Please mark the above referenced case Settled, Discontinued and Ended. n Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. ❑ Please mark the in rem judgment Satisfied and the action Discontinued and Ended. ❑ Please Vacate the Judgment entered. Date: epA% �l PH # 806783 PHELAN HALLINAN, LLP By: Mano J. Hanyon, Esq., s . No.20 93 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff PNMAC MORTGAGE OPPORTUNITY FUND INVESTORS, LLC Plaintiff v. DANIEL ROACH MICHELLE B. ROACH Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 13 -6467 -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: DANIEL ROACH MICHELLE B. ROACH 864 ERFORD ROAD CAMP HILL, PA 17011-1129 Date: 010(1 PHELAN HALLINAN, LLP By: Mario J. Hanyon, Esq., Id. No. 3993 Attorney for Plaintiff