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Home My WebLink About14-1098 Supreme Court-of a Pennsylvania Court �`Co o: Pleas For Prothonotary Use Only: J CU+ ANDS COUnty Docket No: V Trt The information collected on this form is used solely for court administration purposes. This form does not supplement or rep lace the filing and service ofpleadings or other a ers as req uired by law 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: KEITH A. SEARFOSS T I Are money damages requested? El Yes 0 No Dollar Amount Requested: El within arbitration limits O (Check one) ❑x outside arbitration limits N Is this a Class Action Suit? ❑ Yes ❑x No Is this an N MJ 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 j MASS TORT ❑ Other: O ❑ 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 01/0112011 a TA 20- FEB 9 25 € lip: 18 t.U1''iBt_fiLAND COUNTY 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 NATIONSTAR MORTGAGE LLC 350 HIGHLAND DRIVE COURT OF COMMON PLEAS LEWISVILLE, TX 75067 CIVIL DIVISION Plaintiff v. TERM G Q KEITH A. SEARFOSS NO. 211 FOX DRIVE MECHANICSBURG, PA 17050 -2534 CUMBERLAND COUNTY DEBORAH A. SEARFOSS 211 FOX DRIVE MECHANICSBURG, PA 17050 -2534 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 938743 t /� 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: KEITH A. SEARFOSS 211 FOX DRIVE MECHANICSBURG, PA 17050 -2534 DEBORAH A. SEARFOSS 211 FOX DRIVE MECHANICSBURG, PA 17050 -2534 who is /are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/18/2006 KEITH A. SEARFOSS and DEBORAH A. SEARFOSS made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR QUICKEN LOANS INC., which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1951, Page 2427. By Assignment of Mortgage recorded 11/15/2013 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Mortgage Instrument No. 201336787.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 09/01/2013 and each month thereafter are due and unpaid, and by the terms File #: 938743 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 12/11/2013: Principal Balance $177,556.63 Interest $4,403.44 08/01/2013 through 12/11/2013 Late Charges $0.00 Property Inspections $24.00 Less Escrow Balance (146.72) TOTAL $181,837.357 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). WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $181,837.35, together with interest, costs, fees, and charges collectible under the mortgage File #: 938743 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. KrQC n, Esq., Id. No.312244 Attorney for Plaintiff Filet 938743 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land, with the buildings and improvements thereon erected SITUATE in the Township of Hampden, County of Cumberland, Commonwealth of Pennsylvania, and described according to a Plan of Indian Creek #7, said Plan made by D. P. Raffensperger Associates, Engineers & Surveyors, dated April 4, 1973, and recorded in and for the County of Cumberland, in Plan Book 23 Page 170, as follows, to wit: - BEGINNING at a point on the Westerly side of Fox Drive (50 feet wide), at a corner of Lot #15, said point of beginning being measured along the said side of Fox Drive, the three (3) following courses and distances from its point of intersection with the Northerly side of Cherokee Drive (50 L feet wide), (1) NORTH 01 degrees 00 minutes EAST, the distance of 63.57 feet to a point of curve, (2) on the arc of a circle curving to the left having a radius of 150 feet, the arc distance of 77.23 feet to a point, and (3) NORTH 28 degrees 30 minutes WEST, the distance of 367.15 feet to the point of beginning; THENCE extending from said point of beginning and along Lot #15, SOUTH 61 degrees 30 minutes WEST, the distance of 155.00 feet to a point, in line of lands now or late of Realty Company of Pennsylvania; THENCE extending along the last mentioned lands, NORTH 28 degrees 30 minutes WEST, the distance of 85.00 feet to a point, at a corner of Lot #13; THENCE extending along Lot #13, NORTH 61 degrees 30 minutes EAST, the distance of 155.00 feet to a point on the Westerly side of Fox Drive; THENCE extending along the said side of Fox Drive, SOUTH 28 degrees 30 minutes EAST, the distance of 85.00 feet to the first mentioned point and place of beginning. BEING Shown as Lot #14, Block A on Plan of Indian Creek #7. File k 938743 BEING Known and Numbered as 211 Fox Drive. PROPERTY ADDRESS: 211 FOX DRIVE, MECHANICSBURG, PA 17050 -2534 PARCEL #10 -20- 1846 -197 File #: 938743 VERIFICATION Albert N9Uen6e Assistant Secretary/ hereby states that he /she is 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: Name: Albert NgLu Title: Assistant Secretary NATIONSTAR MORTGAGE LLC File #: 938743 Name:SEARFOSS File #: 938743 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 #: 938743 FORM 1 IN THE COURT OF COMMON PLEAS NATIONSTAR MORTGAGE LLC OF CUMBERLAND COUNTY, PENNSYf'VANI -A Plaintiff(s) VS. ' N 3 KEITH A. SEARFOSS DEBORAH A. SEARFOSS C, Defendant(s) _I Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURV 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) 2439400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must praide 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 willhave 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 hat 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 John . 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: CUST ER/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? INFORMATION FINANCIAL 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 °d Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. not covered Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. 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: 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) Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY Z PEAR 18 PH 2: 54 CIJM BLAND COUNTY PENNSYLVANIA OFT icE QF THEE ERiF Nationstar Mortgage LLC vs. Keith A Searfoss (et al.) Case Number 2014 -1098 SHERIFF'S RETURN OF SERVICE 02/28/2014 Deputy Jason Kinsler, 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: Deborah A Searfoss at 205 Tenth Street, Floor 2, New Cumberland Borough, New Cumberland, PA 17070. JASON/KINSL ,'EPUTY 03/12/2014 02:05 PM - Deputy Ryan Burgett, 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: Keith A Searfoss at 211 Fox Drive, Hampden Township, Mechanicsburg, PA 17050. SHERIFF COST: $85.81 SO ANSWERS, March 13, 2014 (c) CourtySuite Sheriff, Teieosort, ?; RONR ANDERSON, SHERIFF