HomeMy WebLinkAbout13-7296 supreme Court of Pennsylvania
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Court, Commbn Pleas
t�j , N;, For Prothonotary Use Only:
Cvll'Cove Sheet
Cij �� EAND County Docket No: Si
The information collected on this form is used solely for court administration purposes. This form does not
supp lement or rep lace the filing and service ofpleadings or other papers as req uired bylaw or rules of court.
S Commencement of Action:
D Complaint ❑ Writ of Summons ❑ Petition
E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking
C Lead Plaintiff's Name: NATIONSTAR MORTGAGE LLC Lead Defendant's Name: ALAN G. DAVIS
T
I Are money damages requested? ❑ Yes 9 No Dollar Amount Requested: ❑ within arbitration limits
0 (Check one) ❑x outside arbitration limits
N Is this a Class Action Suit? ❑ Yes ❑x No Is this an NMJ 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:
❑ Slander/Libel/ Defamation Discrimination
E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board
C ❑ Other:
T
I MASS TORT — 0 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:
❑ Medical ❑ Other:
❑ Other Professional:
Pa.R.C.P. 205.5 Updated 01/01/2011
F TNT PR l TjjgNaTARY
13 DEC 11 AM 13*- 5S
CUMBERLAND COUNTY
tNNSYLVANEA
PHELAN HALLINAN, LLP
John D. Krohn, Esq., Id. No. 312244
1617 JFK Boulevard, Suite 1400
ATTORNEY FOR PLAINTIFF
One Penn Center Plaza
Philadelphia, PA 19103
215 -563 -7000
NATIONSTAR MORTGAGE LLC
350 HIGHLAND DRIVE COURT OF COMMON PLEAS
LEWISVILLE, TX 75067
CIVIL DIVISION
Plaintiff
V. TERM
ALAN G. DAVIS NO.
GEORGE L. SHUGHART A/K/A GEORGE
SHUGHART CUMBERLAND COUNTY
MICHAEL L. RYNARD
34 PRICKLY PEAR DRIVE
CARLISLE, PA 17013 -8545
Defendants .
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
a��� I b3•�j�
File #: 930647
1. Plaintiff is
NATIONSTAR MORTGAGE LLC
350 HIGHLAND DRIVE
LEWISVILLE, TX 75067
2. The name(s) and last known address(es) of the Defendant(s) are:
ALAN G. DAVIS
GEORGE L. SHUGHART A/K/A GEORGE SHUGHART
MICHAEL L. RYNARD
34 PRICKLY PEAR DRIVE
CARLISLE, PA 17013 -8545
who is /are the mortgagor(s) and /or real owner(s) of the property hereinafter described.
3. On 02/04/2008 ALAN G. DAVIS, GEORGE L. SHUGHART, and MICHAEL L.
RYNARD made, executed and delivered a mortgage upon the premises hereinafter
described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS
NOMINEE FOR TAYLOR, BEAN & WHITAKER MORTGAGE CORP., which
mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County,
in Mortgage Instrument No. 200803836. By Assignment of Mortgage recorded
06/17/2013 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in
Assignment of Mortgage Instrument No. 201319770.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 04/01/2013 and each month thereafter are due and unpaid, and by the terms
File #: 930647
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 09/09/2013:
Principal Balance $131,660.61
Interest $4,638.33
03/01/2013 through 09/09/2013
Late Charges $0.00
Property Inspections $54.00
Escrow Deficit $1,338.84
TOTAL $137,691.78
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) 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 #: 930647
r �
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$137,691.78, 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: Cfi—�
John D. Kr A, Esq., Id. No. 312244
Attorney for Plaintiff
File #: 930647
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land with improvements, situate in the Borough of Carlisle,
Cumberland County, Pennsylvania, more particularly described in accordance with a survey
made by Ernest J. Walker, Registered Surveyor, on September 18, 1964 as follows:
BEGINNING at an iron pin in the eastern line of land now or formerly of Stanwix Apartments,
which iron pin is North 19 degrees 1 minute 30 seconds West, a distance of 375.18 feet from the
northern line of Hamilton Street, 60 feet wide; thence from said iron pin, the place of
BEGINNING, North 19 degrees 1 minute 30 seconds West, a distance of 70.42 feet to a point;
thence along line of land now or formerly of Reisinger Brothers, Inc., North 70 degrees 58
minutes 30 seconds East (erroneously West in prior Deed), a distance 180.41 feet to an iron pin
on the western line of 60 feet wide Gobin Street; thence along the western line of Gobin Street,
South 19 degrees 1 minute 30 seconds East, a distance of 70.42 feet to an iron pin; thence along
line of land now or formerly of Robert A. Martin, South 70 degrees 58 minutes 30 seconds West,
a distance of 180.41 feet to an iron pin, the place of BEGINNING.
PROPERTY ADDRESS: 12 GOBIN DRIVE, CARLISLE, PA 17013 -1510
PARCEL #06 -19- 1641 -129.
File #: 930647
e
y �
VERIFICATION
David Chen , hereby states that he /she is Assistant Secretary of
NATIONSTAR MORTGAGE, LLC, Plaintiff in this matter, that he /she is authorized to make
this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage
Foreclosure are true and correct to the best of his/her information and belief. The undersigned
understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating
to unsworn falsification to authorities.
DATE: (rT1� l3
Name: David Chen
Title: Assistant Secretary
NATIONSTAR MORTGAGE, LLC
File #: 930647
Name: DAVIS
File #: 930647
IN THE COURT OF COMMON
NATIONSTAR MORTGAGE LLC PLEAS
Plaintiff(s) OF CUMBERLAND. COUNTY,
PENNSTLVANIAC}
VS.
ALAN G. DAVIS � t
GEORGE L. S14UGHART AIYJA GEORGE SHUGHART Z- Cn ?
MICHAEL L. RYNARD
Defendant(s) 7 1q & civil
NOTICE OF RESIDENTIAL MORTGAGE z m
FORECLOSURE DIVERSION PROGRAM Q0
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 an attorney, 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 not charge to you. Once you have been appointed a legal
representative, you must promptly meet with the legal representative within twenty (20) days of the
appointment date. During that meeting, you must provide the legal representative with all the 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 file 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 attempt to work out a 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 the 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 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
our reasonable arrangements 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.
121
Date John D. Kr A, Esq., Id. No. 312244
Signature of Counsel for Plaintiff
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Please 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
Please provide the following information to the best of your knowledge:
CUSTOMER/PRIMARY 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, motorcycles): Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
I.
2.
3.
Additional Income Description (not wages):
I. 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 Support/Alim. Spending Money
Day /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 you know, regarding your lender or lender's
loan servicing company:
Lender's Contact (Name): Phone:
Servicing Company (Name):
Contact: Phone:
1
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 services provided by the above
named
Borrower Signature Date
Co- Borrower Signature Date
Please forward this page along with the following information to lender:
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 #: 930647
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson . -
Sheriff
% i €ratatcr1
Jody S Smith I ' J ,' ;
Chief Deputy
tt
Richard W Stewart
Solicitor �t
Nationstar Mortgage LLC Case Number
vs.
2013-7296
Alan G Davis (et al.)
SHERIFF'S RETURN OF SERVICE
12/12/2013 02:31 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:
Michael L. Rynard at 1 Codorus Creek Court, North Middleton Township, Carlisle, PA 17013. Ij
DAWN KELL, DEPUTY
12/12/2013 08:20 PM - Deputy Noah Cline, 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 Keith Kuhn, Tenant, who accepted as"Adult
Person in Charge"for Occupant at 12 Gobin Drive, Carlisle Borough, Carlisle, PA 17013.
NOAH CLINE, DEPUTY
12/12/2013 08:28 PM - Deputy Noah Cline, being duly sworn according to law, served the requested Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by
"personally" handing a true copy to a person representing themselves to be the Defendant, to wit:Alan G
Davis at 810 Fairview Road, Carlisle Borough, Carlisle, PA 17013.
NOAH CLINE, DEPUTY
01/07/2014 07:41 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:
George Shughart at 34 Prickly Pear Drive, North Middleton Township, Carlisle, PA 17013.
DAWN KELL, DEPUTY
SHERIFF COST: $110.68 SO ANSWERS,
January 08, 2014 RONNY R ANDERSON, SHERIFF
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
L. H00 TA
'20 I ti APR 15 AM 10: 00
CUMBERLAND COUNTY
PENNSYLVANIA
Attorney For Plaintiff
NATIONSTAR MORTGAGE LLC
Plaintiff
v.
ALAN G. DAVIS
GEORGE L. SHUGHART
A/K/A GEORGE SHUGHART
MICHAEL L. RYNARD
Defendant(s)
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 13-7296-CIVIL
PRAECIPE
TO THE PROTHONOTARY:
Please withdraw the complaint and mark the action Discontinued and Ended without prejudice.
E Please mark the above referenced case Settled, Discontinued arid Ended. • '
Please Vacate the judgment entered and 'nark the action Discontinued and Ended without prejudice.
. • •
Please mark the in rem judgment Satisfied and the action Discontinued and Ended.
Please V cat the Judgment entered.
Date:
PH # 930647
By:
Josep A.essoye, Esq., Id. No.200479
Attorney for Plaintiff
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
Attorney For Plaintiff
NATIONSTAR MORTGAGE LLC
Plaintiff
v.
ALAN G. DAVIS
GEORGE L. SHUGHART
A/K/A GEORGE SHUGHART
MICHAEL L. RYNARD
Defendant(s)
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 13-7296-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:
ALAN G. DAVIS
810 FAIRVIEW RD
CARLISLE, PA 17013-1508
GEORGE L. SHUGHART
A/K/A GEORGE SHUGHART
34 PRICKLY. PEAR DRIVE
CARLISLE, PA 17013-8545
MICHAEL L. RYNARD
-
1 CODORUS CREEK CT
CARLISLE, A i 7013-9682
Date:
P
L
By.
Joseph Dessoye, sq., 1.. No.200479
Attorney for Plaintiff