Loading...
HomeMy WebLinkAbout13-7220 Supreme Court-of Pennsylvania ti Cou Comm: Pleas For Prothonotary Use Only: i1Covi S 'e CUry County Docket No: 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 OO Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiffs Name: OCWEN LOAN SERVICING, Lead Defendant's Name: ARTHUR KELLY T LLC I Are money damages requested? ❑ Yes ❑x No Dollar Amount Requested: ❑ within arbitration limits O (Check one) Z 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: John D. Krohn, Esq., Id. No.312244, 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: E ❑ Slander/Libel/ Defamation Discrimination ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T I MASS TORT ❑ Other: U ❑ 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 FORM 1 t it or I 3 &eC „ TAy 6 4pf 10: 4 ! P '��NS yL c QUNP ANN PHELAN HALLINAN, LLP John D. Krohn, Esq., Id. No.312244 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 john.krohn @phelanhallinan.com 215 -563 -7000 OCWEN LOAN SERVICING, LLC 1100 VIRGINIA DRIVE, P.O. BOX 8300 COURT OF COMMON PLEAS FORT WASHINGTON, PA 19034 CIVIL DIVISION Plaintiff V. TERM ARTHUR KELLY NO. 310 PARK AVENUE NEW CUMBERLAND, PA 17070 -1338 CUMBERLAND COUNTY Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 932693 c) I . Plaintiff is OCWEN LOAN SERVICING, LLC 1100 VIRGINIA DRIVE, P.O. BOX 8300 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es) of the Defendant(s) are: ARTHUR KELLY 310 PARK AVENUE NEW CUMBERLAND, PA 17070 -1338 who is /are the mortgagor(s) and /or real owner(s) of the property hereinafter described. 3. On 04/10/2008 ARTHUR KELLY and CLARA KELLY made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR ADVANCED FINANCIAL SERVICES, INC., which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 200812703. By Assignment of Mortgage recorded 09/12/2013 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment of Mortgage Instrument No. 201330355.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 06/01/2013 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 File #: 932693 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 10/30/2013: Principal Balance $121,585.75 Interest $2,563.66 05/01/2013 to 10/30/2013 Late Charges $52.84 Property Inspections $67.50 Escrow Deficit $2,898.73 Subtotal $127,168.48 Suspense Credit 140.75 TOTAL $127,027.73 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. 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). 9. CLARA KELLY was a co- record owner of the mortgaged premises as a tenant by the entirety. By virtue of CLARA KELLY's death on or about 02/07/2012, her ownership interest was automatically vested in the surviving tenant by the entirety. File #: 932693 10. Plaintiff hereby releases CLARA KELLY, from liability for the debt secured by the mortgage. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $127,027.73, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN, LLP By: John D. Krohn, sq., Id. No.312244 Attorney for Plaintiff File #: 932693 LEGAL DESCRIPTION All that certain tract or parcel of land and premises, situate, lying and being in the Borough of New Cumberland in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: Beginning at a point on the eastern line of Park Avenue, said point being 492.4 feet North of the Northeast corner of Park Avenue and Oak Lane; thence in an easterly direction by a line parallel with the division line between Lots Nos. 97 and 98 on the hereinafter mentioned Plan of Lots, 134.18 feet to a 15 foot alley; thence in a southerly direction along the line of said 15 foot alley, 113.15 feet to the division line between Lots Nos. 96 and 97; thence westwardly along said division line, 212.3 feet to the eastern line of Park Avenue; thence in a northerly direction along the eastern line of Park Avenue, 80 feet to the place of beginning. Having thereon erected a one -story stone dwelling house known as No. 310 Park Avenue, New Cumberland, PA. Together with all and singular the buildings, improvements, ways, woods, waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances to the same belonging or in anywise appertaining; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and of every part and parcel thereof, and also all the estate, right, title, interest, use, possession, property, claim and demand whatsoever of the Grantor(s) both in law and in equity, of, in and to the premises herein described and every part and parcel thereof with the appurtenances. File #: 932693 Being the same property conveyed from Karl D. Otto and Andrea S. Otto to Arthur Kelly and Clara Kelly by deed recorded April 01, 2003 in Book 256, Page 1649 in the registrar's office of Cumberland County. Parcel ID #: 26 -23- 0541 -256 Block: Lot: PROPERTY ADDRESS: 310 PARK AVENUE, NEW CUMBERLAND, PA 17070 -1338 PARCEL #26 -23- 0541 -256. File M 932693 II f VERIFICATION I� Dawaan Kareem M hereby state that I am an authorized signer of Ocwen Loan Servicing, LLC, mortgage servicing agent for Plaintiff in this matter. The Plaintiff has delegated the mortgage servicing responsibility to Ocwen Loan Servicing, LLC for the mortgage loan which is the subject of this action. Ocwen Loan Servicing, LLC maintains and is in 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 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 I that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unswor falsification to authorities. DATE: 11/22/13 acne: Dawaae KNOW Mapp I Title: AM0dWd Signet File #: 932ti93 Ocwen Loan Servicing, LLC Name. KELLY IN THE COURT OF COMMON PLEAS OCWEN LOAN SERVICING, LLC OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. ARTHUR KELLY 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 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: - a Date John D. Krohn, Esq., Id. No.3122 = Attorney for Plaintiff � " I G FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: CUSTOM ER/PRI MARY 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: Zi p: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? CO-BORROWER Mailing Address: City: State: Zip Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation automobiles, boats, motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 na 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 Money Da /Child Care /Twit. Other Ex enses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION I /We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /We understand that I /we am /are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249 -3166 (800) 990 -9108 File #: 932693 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson L t,' Sheriff �._ . ; <<a . )i :rau,O+ff Jody S Smith � ' 94 11 Fr 17 AM fib: ,.€ Chief Deputy Richard W Stewart t Solicitor Ocwen Loan Servicing, LLC vs. Case Number Arthur Kelly 2013-7220 SHERIFF'S RETURN OF SERVICE 12/09/2013 07:53 PM - Deputy Dawn Kell, 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:Arthur Kelly at 310 Park Avenue, New Cumberland Borough, New Cumberland, PA 17070. Zaus-n. �� DAWN KELL, DEPUTY SHERIFF COST: $47.21 SO ANSWERS, December 11, 2013 RON— R ANDERSON, SHERIFF PHELAN HALLINAN, LLP D. Troy Sellars, Esq., Id. No. 126 Locust Street Harrisburg, PA 17101 215 -563 -7000 x 1360 ... ' THE rs- ROTH0t10 T 210011.2 N :1R 2 Li Pti 1: 03 CUMBERLAND NSYL\'AP Adi Y OCWEN LOAN SERVICING, LLC 1100 VIRGINIA DRIVE, P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff v. ARTHUR KELLY 310 PARK AVENUE NEW CUMBERLAND, PA 17070 -1338 Attorney for Plaintiff Court of Common Pleas Civil Division No. 13- 7220 -CIVIL Cumberland County Defendant MOTION TO LIFT CONCILIATION STAY Plaintiff, Ocwen Loan Servicing, LLC (hereinafter "Plaintiff'), by its attorney, D. Troy Sellars, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On December 6, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendant for his failure to make monthly payments of principal and interest upon his mortgage due June 1, 2013, and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit "A ". 2. On December 9, 2013, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice upon the Defendant. 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. 932693 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 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. 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 Date: / BY: D. Troy $liars, Esquire Attorney for Plaintiff 932693 Exhibit "A" PHELAN HALLMAN, LLP John D. Krohn, Esq., Id. No,312244 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Johnlrohn@phelanhallinan.com 215 - 563.7000 OCWEN LOAN SERVICING, LLC 1100 VIRGINIA DRIVE, P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff ARTHUR KELLY 310 PARK AVENUE NEW CUMBERLAND, PA 17070.1338 File 4: 932693 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. J 3- J�c�U CUMBERLANI3 COUNTY wormy se COPY Please Return Cub/ 'We hereby ce'h► that within . to be p true and effect copy of the ettleal Cod et record OCWEN LOAN SERVICING, LLC Plaintiff(s) vs. ARTHUR KELLY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 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 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 25 10 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 mustpromptty 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 thefotmat attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be filed with the pourt 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,procceds 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 thc_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 m 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. /z.Is /13 Date Respectfully submitted: John D. Krohn, Esq., Id. No.312244 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes 0 No 0 Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No 0 Mailing Address (if different): City: Phone Numbers: Email: State:_ Zip: Home: Cell: Office: Other: # of people in household: How long? Mailing Address: City: Phone Numbers: Email: State: Zip: Office: Other: Honi.o: Cell: # of people in household: How long? First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage :Lender: r �_ 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 #l: Model: Ye ar: Amount owed: Value: Automobile j2:.Model: Year: Amount owed: Value: .Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: Monthly Gross Moiitltly Net. 2. Monthly Gross Monthly Net 3. Monthly 'Gross;._ Monthly Net Additional Income Description (not wages): monthly amount: 2, monthly amount: Borrower PayDays: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mini a ,e : Food 2" Mortgage 'Utilities . Car Pa ment(s) Condo/Neigh, Fees Auto Insurance Med, (not covered) Auto fuel/repairs Other prop. payment Cable TV Install. Loan Payment Child SupportlAlim, Spending Money Day /Child Carc/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on:Income & Expenses: Have you been working with a Housing Counseling Agency? Ycs ❑ No ❑ If yes, please provide the following information: Counseling Agency:, Phone (Office): _ Fax: Email: Counselor: Have you made application for Homeowners Emergency Mortgage Assistance Program (TEMAP) assistance? YesD 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 El No Ej 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: 1/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 Siznature 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 ief 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 rf�o n; 932693 Plaintiff is OCWEN LOAN SERVICING, LLC 1100 VIRGINIA DRIVE, P.O. BOX 8300 FORT WASHINGTON, PA 19034 The name(s) and last known address(es) of the Defendant(s) are: ARTHUR KELLY 310 PARK AVENUE NEW CUMBERLAND, PA 17070-1338 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/10/2008 ARTHUR KELLY and CLARA KELLY made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, AS NOMINEE FOR ADVANCED FINANCIAL SERVICES, INC., which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 200812703. 13y Assignment of Mortgage recorded 09/12/2013 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment of Mortgage Instrument No. 201330355.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. 'rhe mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2013 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 FOC P: 932S93 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage as of 10 /30/2013: Principal Balance $121,585.75 Interest $2,563.66 05/01/2013 to 10/30/2013 Late Charges $52.84 Property Inspections $67.50 Escrow Deficit $2,898.73 Subtotal $127,168.48 Suspense Credit f $ 1 40.75) TOTAL $127,027.73 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. 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). CLARA KELLY was a co- record owner of the mortgaged premises as a tenant by the entirety. By virtue of CLARA KELLY's death on or about 02/07/2012, her ownership interest was automatically vested in the surviving tenant by the entirety. File N: 932693 10. Plaintiff hereby releases CLARA KELLY, from liability for the debt secured by the mortgage. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $127,027.73, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and cost's, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN, LLP By: John D. Krohn, q., Id. No.312244 Attorney for Plaintiff Filu 932643 LEGAL DESCRIPTION All that certain tract or parcel of land and premises, situate, lying and being in the Borough of New Cumberland in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: Beginning at a point on the eastern line of Park Avenue, said point being 492.4 feet North of the Northeast corner of Park Avenue and Oak Lane; thence in an easterly direction by a line parallel with the division line between Lots N ©s. 97 and 98 on the hereinafter mentioned Plan of Lots, 134.18 feet to a 15 foot alley; thence in a southerly direction along the line of said 15 foot alley, 113.15 feet to the division line between Lots Nos. 96 and 97; thence westwardly along said division line, 212.3 feet to the eastern line of Park Avenue; thence in a northerly direction along the eastern line of Park Avenue, 80 feet to the place of beginning, having thereon erected a one -story stone dwelling house known as No. 310 Park Avenue, New Cumberland, PA. Together with all and singular the buildings, improvements, ways, woods, watdrs, watercourses, rights, liberties, privileges, hereditaments and appurtenances to the same belonging or in anywise appertaining; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and of every part and parcel thereof; and also all the estate, right, title, interest, use, possession, property, claim and demand whatsoever of the Grantor(s) both in law and in equity, of, in and to the premises herein described and every part and parcel thereof with the appurtenances. Pik N: 932693 Being the same property conveyed from Karl O Otto and Andrea S. Otto to Arthur Kelly and Clara Kelly by deed recorded April 01, 2003 in Book 256, Page 1649 in the registrar's office of Cumberland County. Parcel ID #: 26-23-0541-256 Block: Lot: PROPERTY ADDRESS: 310 PARK AVENUE, NEW CUMBERLAND, PA 17070 -1338 PARCEL #26-23-0541-256. Pile #: 932693 Dawaan Karee app VERIFICATI ON hereby state that X am an authorized signer Ocwen Loan Servicing, LLC, mortgage servicing agent for Plaintiff in this matter. The Plaintiff has delegated the mortgage servicing responsibility to Ocwen Loan Servicing, LLC for the mortgage loan which is the subject of this action. Ocwen Loan Servicing, LLC maintains and is in 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. X have reviewed the business records relating to this account, and am authorized to make this verification. T 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: 11/22/13 File#: 932693 Name: KELLY oawaan Kareem Mapp Tine: Authorized Signer Ocwen Loan Servicing, LLC Exhibit "B" Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY • cpygtm at.o '09.er,ke Off ICI OF THE SHGRWF Ocwen Loan Servicing, LLC Case Number VS. Arthur Kelly .2013 -7220 SHERIFF'S RETURN OF SERVICE 12/09/2013 07:53 PM - Deputy Dawn Kell, 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: Arthur Kelly at 310 Parts Avenue, New Cumberland Borough, New Cumberland, PA 17070. DAWN KELL, DEPUTY SHERIFF COST: $47.21 SO ANSWERS, December 11, 2013 RONR ANDERSON, SHERIFF 1GL PHELAN HALL1NAN, LLP D. Troy Sellars, Esq., Id. No. 210302 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 1360 Attorney for Plaintiff OCWEN LOAN SERVICING, LLC Court of Common Pleas 1100 VIRGINIA DRIVE, P.O. BOX 8300 FORT WASHINGTON, PA 19034 Civil Division Plaintiff No. 13-7220-CIVIL v. Cumberland County ARTHUR KELLY 310 PARK AVENUE NEW CUMBERLAND, PA 17070-1338 Defendant CERTIFICATION OF SERVICE I, D. Troy Sellars, Esquire, certify that I caused true and correct copies of Plaintiffs 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: ARTHUR KELLY 310 PARK AVENUE NEW CUMBERLAND, PA 17070-1338 Date: 932693 By: ' D. Troy Seers, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA OCWEN LOAN SERVICING, LLC Court of Common Pleas 1100 VIRGINIA DRIVE, P.O. BOX 8300 FORT WASHINGTON, PA 19034 Civil Division Plaintiff No. 13-7220-CIVIL v. Cumberland County ARTHUR KELLY 310 PARK AVENUE NEW CUMBERLAND, PA 17070-1338 Defendant ORDER AND NOW, this 2 6' day of "kid-re-A- , 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. CC: 932693 Arthur Kelly D. Troy Sellars, Esq., Id. No. 210302 Attorney for Plaintiff HELAN HALLINAN, LLP D. Troy Sellars, Esq., Id. No. 210302 126 Locust Street Harrisburg, PA 17101 215 -563 -7000 x 1360 .../1(RTHUR KELLY 310 PARK AVENUE NEW CUMBERLAND, PA 17070 -1338 Cop, es /►Z.SLt 1�.. 3/01 cep I 932693 PHELAN HALLINAN, LLP BY: D. Troy Sellars Esquire Identification No.: 210302 126 Locust Street Harrisburg, PA 17101 Telephone: (215) 563-7000, Ext. 1360 E-mail: troy.sellars(4helanhallinan.com OCWEN LOAN SERVICING, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034, Plaintiff VS. ARTHUR KELLY 310 PARK AVENUE NEW CUMBERLAND, PA 17070-1338, Defendant , . Pa0 THONG r 2014 APR -9 PM 1:37 CUMBERLAND COUNTY PENNSYLVANIA Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL DIVISION .• • 13-1c2010 NO.-2013 772.0 CIVIL .• • • SUGGESTION OF BANKRUPTCY TO THE PROTHONOTARY: Defendant, Arthur G. Kelly, filed Chapter 7 Bankruptcy in the United States Bankruptcy Court for the Middle District of Pennsylvania to Docket No.: 14-bk-01246 on March 20, 2014. A copy of the Bankruptcy Docket as attached hereto, made part hereof and marked as Exhibit "A." Date: PH#932693 By: D. Troy Sel s, Esquire Attorney for Plaintiff Exhibit "A" Assigned to: Honorable Robert Chapter 7 Voluntary No asset Debtor Arthur G Kelly, Jr 310 Park Avenue New Cumberland, PA 17070 CUMBERLAND -PA SSN / ITIN: xxx -xx -8218 Trustee Leon P. Haller (Trustee) Purcell, Krug and Haller 1719 North Front Street Harrisburg, PA 17102 717 234 -4178 Asst U.S. Trustee United States Trustee 228 Walnut Street, Suite 1190 Harrisburg, PA 17101. 717 221 -4515 521, FMDueD, CREDS, MEANSU, FeeDueRFS U.S. Bankruptcy Court Middle District of Pennsylvania (Harrisburg) Bankruptcy Petition #: 1:14 -bk- 01246 -RNO N Opel II Date filed: 341 meeting: Deadline for objecting to discharge: Deadline for financial mgmt. course: 03/20/2014 04/21/2014 06/20/2014 06/20/2014 represented by John Matthew Hyams Law Offices of John M. Hyams 555 Gettysburg Pike Suite C -402 Mechanicsburg, PA 17055 717- 766 -5300 Fax : 717- 298 -2055 Email: jmh(a,johnhyamslaw.com Filing Date # Docket Text 03/20/2014 1 Chapter 7 Voluntary Petition . Filing fee due in the amount of $ 306.00 Filed by John Matthew Hyams of Law Offices of John M. Hyams on behalf of Arthur G. Kelly, Jr.. (Hyams, John) (Entered: 03/20/2014) 03/20/2014 2 Creditor List Uploaded. (There is no image or paper document associated with this entry.) Filed by John Matthew Hyarns of Law Offices of John M. Hyams on behalf of Arthur G. Kelly, Jr. (RE: related document(s)1). (Hyams, John) (Entered: 03/20/2014) 03/20/2014 3 Certificate of Credit Counseling for Debtor Filed by John Matthew Hyams of Law Offices of John M. Hyams on behalf of Arthur G. Kelly, Jr. (RE: related document(s)1). ( Hyams, John) (Entered: 03/20/2014) 03/20/2014 Receipt of Voluntary Petition (Chapter 7)(1:14 -bk- 01246) [misc,volp7a] ( 306.00) filing fee. Receipt number 6861177, amount $ 306.00. (RE: related document(s)1). (U.S. Treasury) (Entered: 03/20/2014) •� 03/20/2014 4 Meeting of Creditors and Notice of Appointment of Trustee Leon P. Haller (Trustee), with 341(a) meeting to be held on 04/21/2014 at 09:30 AM at Federal Bldg, Trustee Hearing Rm, Rm 1160, 1. lth Fl, 228 Walnut St, Harrisburg, PA 17101. Last day to oppose discharge or dischargeability is 06/20/2014. Financial Management Course due by 06/20/2014. (Docketer, Automatic) (Entered: 03/20/2014) 03/20/2014 FeeDueBK flag removed. (CashReg) (Entered: 03/21/2014) 03/21/2014 5 BNC Request Stopped and NOT queued up for the BNC to mail. The incorrect Means Test Flag was set. No Means Test was filed to date.. (There is no image or paper document associated with this entry.) (RE: related document(s)4). (Kovach, Christina) (Entered: 03/21/2014) 03/21/2014 6 Notice of Meeting of Creditors. Request submitted to BNC for mailing (RE: related document(s)1). (Kovach, Christina) (Entered: 03/21/2014) 03/21/2014 7 BNC NOTICE STOPPED AND NOT SENT Notice regarding Form B22A (MEANSU). Request submitted to BNC for mailing (RE: related document(s)1). (Kovach, Christina) Modified on 3/21/2014 (Kovach, Christina). (Entered: 03/21/2014) 03/21/2014 8 BNC Request Stopped and NOT queued up for the BNC to mail. Notice was queued in error. Means Test lanuage is on the 341 notice.. (There is no image or paper document associated with this entry.) (RE: related document(s)7). (Kovach, Christina) (Entered: 03/21/2014) 03/21/2014 9 Notice of Incomplete and/or Deficient Filing. Request submitted to BNC for mailing. (RE: related document(s)1). (Kovach, Christina) (Entered: 03/21/2014) 03/23/2014 10 BNC Certificate of Mailing of 341 Meeting Notice (Chapter 7) (RE: related document(s)6). Notice Date 03/23/2014. (Admin.) (Entered: 03/24/2014) 03/25/2014 11 • Notice to Filing Party (J Hyams): Discrepancy between CM/ECF entry and uploaded PDF. "Jr" was entered into CMECF but was not included in the Debtor's name on the image of the petition. (RE: related document(s)1). (Kovach, Christina) (Entered: 03/25/2014) 03/25/2014 12 Amendment to Voluntary Petition; to correct name to Arthur G. Kelly, Jr. Filed by Hyams Hyams Matthew H ams of Law Offices of John M. H ams on behalf of Arthur G Kelly (RE: related document(s)j). (Hyams, John) (Entered: 03/25/2014) 03/25/2014 13 Certificate of Service for Amendment to Voluntary Petition Filed by John Matthew Hyams of Law Offices of John M. Hyams on behalf of Arthur G Kelly Jr (RE: related document(s)12). (Hyams, John) (Entered: 03/25/2014) 14 Motion for Relief from Automatic Stay with nonconcurrence and Notice of Self Scheduled Hearing with Objection Deadline. Re: RE: Property Address 310 Park Avenue New Cumberland, PA 17070 -1338. Filing fee due in the amount of $176.00. Notice served on 3/31/2014. Filed by Joseph P Schalk of Phelan Hallinan & Schmieg, LLP on behalf of Ocwen Loan Servicing, LLC. Objections due by 4 /1.7 /2014.Hearing scheduled for 05/22/2014 at 10:00 AM - 3rd & 03/31/2014 04/01/2014 Walnut Sts, 3rd Fl Courtroom, Harrisburg, PA. (Attachments: # I Proposed Order # 2 Certificate of Concurrence # 3 Certificate of Nonconcurrence # 4 Notice of Hearing # 5 Certificate of Service) (Schalk, Joseph) (Entered: 03/31/2014) Receipt of Motion for Relief from Automatic Stay(1:14 -bk- 01246 -RNO) [motion,mrlfsty] ( 176.00) filing fee. Receipt number 6876970, amount $ 176.00. (RE: related document(s)14). (U.S. Treasury) (Entered: 04/01/2014) PACER Service Center Transaction Receipt 04/01/2014 16:00:48 PACER Login: .h3601 f Client Code: PA _pdsid_] 551 Description: ' Docket Report i . 1 :14 -bk- 01246 -RNO Fil or Ent: Search filed Doc From: 0 Doc To: Criteria: 9. 9999999 Term: included Headers: !included Format: html Billable Pages: • 2 I Cost: i 0.20 1 PHELAN HALLINAN, LLP BY: D. Troy Sellars Esquire Identification No.: 210302 126 Locust Street Harrisburg, PA 17101 Telephone: (215) 563-7000, Ext. 1360 E-mail: troy.sellars@phelanhallinan.com OCWEN LOAN SERVICING, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 • FORT WASHINGTON, PA 19034, Plaintiff VS. ARTHUR KELLY 310 PARK AVENUE • NEW CUMBERLAND, PA 17070-1338, Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. • CIVIL DIVISION • • NO. 2013-7720-CIVIL • Defendant • • CERTIFICATION OF SERVICE TO THE PROTHONOTARY: Service was made by sending a true and correct copy of the Suggestion of Bankruptcy by U.S. First Class Mail on persons at the addresses and on the date listed below: JOHN MATTHEW HYAMS, ESQUIRE LAW OFFICES OF JOHN M. HYAMS 555 GETTYSBURG PIKE SUITE C-402 MECHANICSBURG, PA 17055 Date: PH#932693 ARTHUR G. KEELY, JR., PRO SE 310 PARK AVENUE NEW CUMBERLAND, PA 17070 By: D. Troy Seflrs, Esquire Attorney for Plaintiff