HomeMy WebLinkAbout14-3456 . ` Supreme Court of Pennsylvania
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COUPII] Pleas For Prothonotary Use Only:
Civil,'E�o.. e� Sheet
CUI BERLANi� County Docket No: Si
The inforrnation 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 ❑x Complaint ❑Writ of Summons ❑Petition
E ❑Transfer from Another Jurisdiction ❑Declaration of Taking
Lead Plaintiff's Name: BANK OF AMERICA,N.A Lead Defendant's Name: CHARLES F.BI SE,JR
C SUCCESSOR BY MERGER TO BAC HOME LOANS
T SERVICING,L.P.F/K/A COUNTRYWIDE HOME
I LOANS SERVICING,L.P.
0 Are money damages requested? El Yes R]No Dollar Amount Requested: El within arbitration limits
(Check one) ❑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: Jonathan Lobb,Esq.,Id.No.312174,Phelan Hallinan,LLP
❑ 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:
0 ❑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
PEWjS
PHELAN HALLINAN,LLP
Jonathan Lobb,Esq.,Id.No.312174
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza ATTORNEY FOR PLAINTIFF
Philadelphia,PA 19103
Jonathan.Lobb@phelanhallinan.com
215-563-7000
BANK OF AMERICA,N.A SUCCESSOR BY
MERGER TO BAC HOME LOANS SERVICING,L.P. COURT OF COMMON PLEAS
F/K/A COUNTRYWIDE HOME LOANS
SERVICING,L.P. CIVIL DIVISION
7105 CORPORATE DRIVE
PLANO,TX 75024 TERM
Plaintiff NO.
' - � l �Q ✓+
V.
CUMBERLAND COUNTY
CHARLES F.RISE,JR
332 FULTON STREET
ENOLA,PA 17025-2525
Defendant
CIVIL ACTION-LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File#: 948008 (�i j j I Ll a,Llqt(
3b� do
I. Plaintiff is
BANK OF AMERICA,N.A SUCCESSOR BY MERGER TO BAC HOME LOANS
SERVICING,L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING,L.P.
7105 CORPORATE DRIVE
PLANO,TX 75024
2. The name(s)and last known address(es)of the Defendant(s) are:
CHARLES F.BISE,JR
332 FULTON STREET
ENOLA,'PA 17025-2525
who is/are the mortgagor(s)of the property hereinafter described.
3. On 07/18/1991 CHARLES F. BISE, JR made, executed and delivered a mortgage upon
the premises hereinafter described to SOVRAN MORTGAGE CORPORATION;which
mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County,
in Mortgage Book 1022,Page 259. By Assignment of Mortgage recorded 03/15/2012 the
mortgage was assigned to PLAINTIFF,which Assignment is recorded in Assignment of
Mortgage Instrument No. 201207607.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. BANK OF AMERICA,N.A SUCCESSOR.BY MERGER TO BAC HOME LOANS
SERVICING,L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING,L.P.,
directly or through an agent,has possession of the promissory note. The promissory note
is either made payable to BANK OF AMERICA,N.A SUCCESSOR BY MERGER TO
BAC HOME LOANS SERVICING, L.P.F/K/A COUNTRYWIDE HOME LOANS
SERVICING,L.P. or has been duly endorsed.
File#: 948008
5. The premises subject to said mortgage is described as attached.
6. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 01/01/2014 and each month thereafter are due and unpaid, and by the terms
of said mortgage,upon failure of Mortgagor to make such payments after a date specified
by written notice sent to Mortgagor,the entire principal balance and all interest due
thereon are collectible forthwith.
7. The following amounts are due on the mortgage as of 05/28/2014:
Principal Balance $30,297.80
Interest $1,337.86
12/01/2013 through 05/28/2014
Late Charges $260.49
Property Inspections $245.00
Subtotal $32,141.15
Escrow Credit 343.91
TOTAL $31,797.24
8. 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.
9. 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
File#: 948008
provided by said notice has terminated because Defendant(s)has/have failed to meet with
the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied
assistance by the Pennsylvania Housing Finance Agency.
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$31,797.24,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: zlak
Jo an Lobb,Esq.,Id.No.312174
Attorney for Plaintiff
File#: 948008
LEGAL DESCRIPTION
ALL THAT CERTAIN tract or parcel of ground with the improvements thereon erected, situate
in East Pennsboro Township, Cumberland County,Pennsylvania,bounded and described as
follows,to wit:
BEGINNING at a point in the southern line of Fulton Street forty-six(46)feet west of the
southwest corner of the intersection of Fulton and Grant Streets;thence southwardly along lands
of John C. and Anna M. Chronister one hundred forty-seven (147)feet, more or less,to a point in
the northern line of Lot No. 7,Block'E', on the hereinafter mentioned Plan of Lots;thence
westwardly along the northern line of Lot No. 7,Block'E', forty-seven(47)feet to lands of
Charles R.Lentz; thence northwardly along lands of Charles R.Lentz one hundred forty-nine
and two-tenths (149.2)feet,more or less,to the southern line of Fulton Street;thence eastwardly
along the southern line of Fulton Street forty-seven and one-tenths(47.1) feet to a point,the
place of BEGINNING.
BEING part of Lots No. 8, 9, 10 and 11, Block'E', as shown on Plan No. 3 of Hoopy's Addition
to Enola, said Plan being recorded in the Office for the Recording of Deeds in and for
Cumberland County in Plan Book 1, at Page 97.
HAVING thereon erected a one story frame bungalow with garage attached known and
numbered as 332 Fulton Street.
BEING THE SAME premises conveyed to Charles F.Bise and Kristy A.Bise,the Mortgagors
herein,by Deed from William S. Berkihiser and Lillian M.Berkihiser, Grantors, dated July 18,
File#: 948008
1991,to be recorded in the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania.
PROPERTY ADDRESS: 332 FULTON STREET,ENOLA,PA 17025-2525
PARCEL#09-14-0834-0132.
File#: 948008
VERIFICATION
hereby states that hego i&& J Y((¢ LS f BANK OF .
AMERICA,N.A.,Plaintiff in this matter,that he/ h& 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 hislOnformation 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. ,I
DATE: pn V
pJ
Name:�� VOW
Title: M15 Nofflf CCI
BANK OF AMERICA,N.A.
File#: 948008
Name: RISE
File#: 948008
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#: 948008
FORM 1
IN THE COURT OF COMMON PLEAS
BANK OF AMERICA,N.A SUCCESSOR BY OF CUMBERLAND COUNTY,PENNSYLVANIA.
MERGER TO BAC HOME LOANS SERVICING,
L.P.F/K/A COUNTRYWIDE HOME LOANS
SERVICING,L.P.
Plaintiff(s)
CHARLES F.BISE,JR f �S 7�7
Defendants Civil `� E
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:
l�
Date onathan Lobb,Esq.,Id.No.312174
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:
CUSTOMP.
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:
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/Tuit. 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)
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
0,1001 C101at,a, r
'
Jody S Smith ' : w:
lit 20 �-
Chief Deputy ,
Richard W Stewart f' ' t" (' ' ''
11
Solicitor F .m - PEItAISY � 11
Bank of America, N.A.
vs. Case Number
Charles F Bise, Jr. 2014-3456
SHERIFF'S RETURN OF SERVICE
06/11/2014 07:20 PM- Deputy Christopher Sharpe, 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:
Charles F Bise, Jr. at 332 Fulton Street, East Pennsboro, Enola, PA 17025.
ISTO ER SHARPE DEPUTY
SHERIFF COST: $44.95 SO ANSWERS,
June 12, 2014 RON— R ANDERSON, SHERIFF