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Home My WebLink About14-2719 Supreme Court of Pennsylvania COurA i f C *m%8' Pleas For Prothonotary Use Only: Cove S' eet CBERL A°l�D UI � County Docket No: I 9 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. S Commencement of Action: Complaint ❑ Writ of Summons ❑Petition E ❑Transfer from Another Jurisdiction ❑Declaration of Taking C Lead Plaintiff s Name: OCWEN LOAN SERVICING, Lead Defendant's Name: DIANE M. SCHALL ,I, LLC I Are money damages requested? El Yes 0 No Dollar Amount Requested: 1:1within arbitration limits Z 0 (Check one) ❑ outside arbitration limits N Is this a Class Action Suit? ❑ Yes Z No Is this an MDJ Appeal? ❑ Yes Z No Name of Plaintiff/Appellant's Attorney: Michael Dingerdissen Esq. Id.No.317124,Phelan Hallinan,LLP A ❑ Check here if you have no attorney(are a Self-Represented [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: 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 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY :OFFICE OF TH $HERIFF THE PRO i JUH 10 PM 2: 50 CUMBERLAND i r �' Ocwen Loan Servicing, LLC vs. Diane M Schall Case Number 2014-2719 SHERIFF'S RETURN OF SERVICE 05/12/2014 06:09 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Diane M Schall, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 520 Salmon Road, Hampden Township, Mechanicsburg, PA 17050. Deputies were advised by neighbors that the defendant moved out approximately one month ago and per the Mechanicsburg Postmaster the defendant moved and left no forwarding address. SHERIFF COST: $39.30 SO ANSWERS, June 04, 2014 RONI‘fS' R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft, Inc. CU l E RL,4 ND L VA t,1UN T Y PHELAN HALLINAN,LLP Michael Dingerdissen,Esq.,Id.No.317124 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia,PA 19103 Michael.Dingerdissen@phelanhallinan.com 215-563-7000 OCWEN LOAN SERVICING, LLC 1100 VIRGINIA DRIVE, SUITE 175 COURT OF COMMON PLEAS FORT WASHINGTON, PA 19034 CIVIL DIVISION Plaintiff V. TERM r . DIANE M. SCHALL NO. 1Y' Q��r� l✓e 520 SALMON ROAD MECHANICSBURG,PA 17050-2548 CUMBERLAND COUNTY Defendant CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE File#: 943542 1. Plaintiff is OCWEN LOAN SERVICING, LLC 1100 VIRGINIA DRIVE, -SUITE 175 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es) of the Defendant(s) are: DIANE M. SCHALL 520 SALMON ROAD MECHANICSBURG,PA 17050-2548 who is/are the mortgagor(s) of the property hereinafter described. 3. On 10/06/2008 DIANE M. SCHALL made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc. as Nominee for LEND AMERICA, A NEW YORK CORPORATION ,which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 200919921. By Assignment of Mortgage recorded 11/05/2013 the mortgage was assigned to PLAINTIFF,which Assignment is recorded in Assignment of Mortgage Instrument No. 201335896.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 08/01/2013 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#: 943542 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 03/31/2014: Principal Balance $167,217.72 Interest $6,897.69 07/01/2013 to 03/31/2014 Late Charges $335.64 Escrow Deficit $585.23 TOTAL $175,036.28 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)hasihave 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. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. File#: 943542 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $175,036.28, 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 LIJnrle . Michael Dingerdissen,Esq.; Id.No.317124 Attorney for Plaintiff File#: 943542 LEGAL DESCRIPTION All Those Two Certain Pieces Or Parcels Or Tracts Of Land Situate In The Township Of Hampden, County Of Cumberland,Commonwealth Of Pennsylvania,More Particularly Bounded And Described As Follows,To Wit: Tract No. 1:Beginning At A Point At The Northwest Corner Of Lot No.6,Plan Summer Cottages,As Laid Out By Emandar Realty Company,Salmon Hole Plot,Said Plan Being Recorded In Plan Book No.2, Page 61,Cumberland County Records:Thence In An Easterly Direction Along The Division Line Between Lots Nos.6 And 7 In Said Plan, 151 Feet To A Point In The Public Road;Thence In Said Public Road, South 12 Degrees 30 Minutes East,50 Feet,More Or Less,To A Point In The Dividing Line Between Lots Nos.5 And 6 In Said Plan;Thence In A Westerly Direction Along Said Dividing Line,South 74 Degrees 45 Minutes West, 150 Feet,More Or Less,To A Point;Thence Along Land Reserved For Park Purpose And Egress And Ingress To Lots As Shown On Said Plan,North 14 Degrees 15 Minutes West,50 Feet To A Point,The Place Of Beginning. Being Lot No.6 on Plan of Lots above Mentioned. Tract No 2:Beginning At A Point In The Center Of Public Road Leading To Orr's Bridge At Line Of Lot No.6 On The Hereinafter Mentioned Plan Of Lots, Formerly Owned By Emandar Realty Company; Thence Northwardly Along The Center Line Of Said Public Road,50 Feet More Or Less,To A Point At Line Of Lot No.8 On Said Plan Of Lots,Now Or Formerly Owned By Harry Stoner And Tra Brehm; Thence Westwardly Along The Line Of Lot No.8, 152 Feet,More Or Less,To An Iron Pin;Thence Southwardly At Right Angles With Said Line,Along The Conodoguienet Creek And About Parallel Therewith,50 Feet To An Iron Pin At Line Of Said Lot No.6,Thence Eastwardly Along Last Mentioned Line 151 Feet,More Or Less,To The Place Of Beginning. Being Lot No.7 on the Plan of Lots Above Mentioned. .PROPERTY ADDRESS: 520 SALMON ROAD,MECHANICSBURG,PA 17050-2548 PARCEL NO. 10-18-1314-058 File#: 943542 VERIFICATION U P 1)11*Hng , hereby states that he/she is of OCWEN LOAN SERVICING, 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: $ME.00ft Title: OCWEN LOAN SERVICING,LLC File#: 943542 Name: SCHALL File#: 943542 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#: 943542 IN THE COURT OF COMMON PLEAS OCWEN LOAN SERVICING,LLC OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff(s) VS. DIANE M. SCHALL 1 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: .J\ -- Date Michael Dingerdissen,Esq.,Id.No.317124 Attorney for Plaintiff ZO :.;_- 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: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? 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: Primaa 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° 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) PHELAN HALLINAN, LLP PETER WAPNER, Esq., Id. No.318263 1617 JFK B6ulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 peter.wapner@phelanhallinan.com 215-563-7000 6' fil'1 ft: 06 CMDE RI_ AND COUNT PENNS YL. i A OCWEN LOAN SERVICING, LLC : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION vs. : CUMBERLAND COUNTY DIANE M. SCHALL : No. 14 -27I9 -CIVIL Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: Op( /csb, Svc Dept. File# 943542 PHELAN HALLINAN, LLP By: ifPETE WAPNER, Esq., Id. No.318263 Attorney for Plaintiff 'tcc‘ c411 linr?co 4 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY F,L CFFI ;i✓= J THE O T HOMO ir:. ;`. 2M DEC -14 AH 9: 57 CUMBERLAND COUNTY �- T PENNSYLVANIA Ocwen Loan Servicing, LLC vs. Diane M Schall Case Number 2014-2719 SHERIFF'S RETURN OF SERVICE 11/19/2014 07:09 PM - Deputy Shawn Gutshall, 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: Diane M Schall at 700 Nailor Drive, Apt. 305, Lower Allen Township, Camp Hill, 'A 17011. A-16_ ievreSs `+rnr GUTSHALL, DEPUTY SHERIFF COST: $44.95 SO ANSWERS, November 21, 2014 kc. "r;uniy ulle Sheriff, Tc € OSOft inc. Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 u. Attorney For Plaintiff OCWEN LOAN SERVICING, LLC Plaintiff v. DIANE M. SCHALL Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 14 -2719 -CIVIL PRAECIPE TO THE PROTHONOTARY: ❑ Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ® Please mark the above referenced case Settled, Discontinued and Ended. ❑ 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: 1213 PH # 943542 PHELAN HALLINAN, LLP By: Chrisovalante P. Fliakos, Esq., Id. No.94620 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff OCWEN LOAN SERVICING, LLC Plaintiff v. DIANE M. SCHALL Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 14 -2719 -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: DIANE M. SCHALL 520 SALMON ROAD MECHANICSBURG, PA 17050-2548 Date: ii/qty PHELAN HALLINAN, LLP By: Chrisovalante P. Fliakos, Esq., Id. No.94620 Attorney for Plaintiff