HomeMy WebLinkAbout14-3788 Supreme Cour,tofPennsylvania
CourCour .til'Com o. Pleas
16 For Prothonotary Use Only:
CuVWCOVet et
�) KL�A133 County Docket No: . SIP
14-371 �ivilXrn
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court.
S Commencement of Action:
❑O Complaint ❑Writ of Summons ❑ Petition
E ❑ Transfer from Another Jurisdiction ❑Declaration of Taking
C Lead Plaintiff's Name: PHH MORTGAGE Lead Defendant's Name: NICKIE L. FICKEL
T, CORPORATION
I Are money damages requested? ❑ Yes ❑x No Dollar Amount Requested: ❑ within arbitration limits
Q (Check one) N outside arbitration limits
N Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJ Appeal? ❑ Yes ❑x No
A Name of Plaintiff/Appellant's Attorney: Michael Dingerdissen,Esq.,Id.No.317124,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 ❑ 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 01101/2011
F O;F C
iC'
2?h JUN 27 AM 1! : 05
CUMBERLAND COU iT';,
PENNSYLVANIA
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
PHH MORTGAGE CORPORATION
2001 BISHOPS GATE BLVD COURT OF COMMON PLEAS
MOUNT LAUREL,NJ 08054
CIVIL DIVISION
Plaintiff
V. TERM
NICKIE L. FICKEL NO. f -3788 0,-v l 1-G("YYt
448 EAST KING STREET
SHIPPENSBURG,PA 17257-1502 CUMBERLAND COUNTY
JUSTIN M. FICKEL
448 EAST KING STREET
SHIPPENSBURG, PA 17257-1502
Defendants
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
X103.75 PD
File#: 947325
1. Plaintiff is
PHH MORTGAGE CORPORATION
2001 BISHOPS GATE BLVD
MOUNT LAUREL,NJ 08054
2. The name(s) and last known address(es) of the Defendant(s) are:
NICKIE L. FICKEL
448 EAST KING STREET
SHIPPENSBURG, PA 17257-1502
JUSTIN M. FICKEL
448 EAST KING STREET
SHIPPENSBURG, PA 17257-1502
who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 03/27/2007 NICKIE L. FICKEL and JUSTIN M. FICKEL made, executed and
delivered a mortgage upon the premises hereinafter described to PATRIOT FEDERAL
CREDIT UNION , which mortgage is recorded in the Office of the Recorder of Deeds of
CUMBERLAND County, in Mortgage Book 1986, Page 3421. By Assignment of
Mortgage recorded 04/27/2007 the mortgage was assigned to PLAINTIFF, which
Assignment is recorded in Assignment of Mortgage Book 0736, Page 2109.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 12/01/2013 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#: 947325
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 05/09/2014:
Principal Balance $122,913.36
Interest $4,169.79
11/01/2013 through 05/09/2014
Late Charges $170.64
Property Inspections $11.25
Escrow Deficit $735.54
TOTAL $128,000.58
7. Plaintiff is not seeking a judgment of personal liability (or an in person am 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#: 947325
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$128,000.58, 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
T(A)-Ll—
By:
Michael Dingerdissen, Esq., Id. No.317124
Attorney for Plaintiff
File#: 947325
LEGAL DESCRIPTION
ALL THAT CERTAIN lot or piece of ground (together with improvements erected thereon)
situate in the Shippensburg Borough, County of Cumberland, Commonwealth of Pennsylvania,
bounded and described as follows:
BEGINNING on the South side of East King Street on line of land now or formerly of Grace
Saltsgiver; thence Eastwardly by the pavement curb, 38 1/2 feet; thence by land now or formerly
of Blanche Spero and by the East side of a concrete wall, and lands now or formerly of Vernon.
K. Sixeas and others, Southwardly 300 feet, more or less, to a public alley, Westwardly 37 feet to
land now or formerly of Grace Saltsgiver; thence by said lands now or formerly of Saltsgiver,
Northwardly 300 feet, ore or less, to the place of beginning.
Having thereon erected a two story frame dwelling house known as 448 East King Street,
Shippensburg, Pennsylvania 17257, and other improvements.
PROPERTY ADDRESS: 448 EAST KING STREET, SHIPPENSBURG,PA 17257-1502
PARCEL #32-33'-1869-064.
File#: 947325
VERIFICATION
William Bellows hereby states that he/she is Assistant Vice Presideof PHH
MORTGAGE CORPORATION,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: William Bellows
Title: Assistant Vice President
PHH MORTGAGE CORPORATION
File#: 947325
Name: FICKEL
File#: 947325
FORM 1
IN THE COURT OF COMMON PLEAS
PHH MORTGAGE CORPORATION OF CUMBERLAN COUNTY,PENNSYLVANIA
Plaintiffs) V`ljUm
VS. `C
NICKIE L.FICKEL
JUSTIN M. FICKEL
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:
Date 1 Michael Dingerdissen,Esq.,Id.No.317L47
Attorney for Plaintiff r c- -j__
U)r- N 72 C'�
<
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:
CUSTOMER/PRIMARY
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 fl: 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):
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"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 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 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 Uwe 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#: 947325
�i � Phi' O t ICE
COUNTY
PEN' S YC v NIA
AVIA
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Cr/m/2 `� ; ss
AFFIDAVIT: , I. hereby (swear) (affirm) that I served
�y- 370-4,1/11.-
a
7if ,v19a copy of the Notice of Appeal, Common Pleas No. , upon the Magisterial District Judge designated therein on
(date of service) 7/3 20 Jy
❑ by personal service
sender's receipt attached hereto, and upon the appellee, (name)
-7/3 , 20 / ❑by personal service.
sender's receipt attached hereto.
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS .3 DAY OF,?ut 201'1
dL47-Z/
Signature of official before whom affidavit was made
Title of officia
PksjJ)c
My commission expires on Sr& , 20.1
AOPC 312A - 05
, on
3 by (certified) (registered) mail,
by (certified) (registered) mail,
Signature of affiant
NOTARIAL SEAL
AMAHL M PITTS
Notary Public
SWATARA TWP, DAUPHIN COUNTY
My Commission Expires Aug 5, 2014
L
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For dE!?'rci1 j in}orr' tt oti tlsit ,3 o. website at www.usps.come
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Total Postage & Fees
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or PO Box No. 3r/ 7 /24p2
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SWATARA BRANCH
HARRISBURG, Pennsylvania
171119998
4134870108 -0097
1 07/03/2014 (800)275-8777 12:37:35 PM
Product
Description
Sales Receipt
Sale Unit
Oty Price
Final
Price
ENOLA PA 17025-1159 Zone -1 $0.49
First -Class Mail Letter
0.40 oz.
Expected Delivery: Sat 07/05/14
Return Rcpt (Green Card) $2.70
00 Certified $3.30
USPS Certified Mail #:
70140150000203595675
Issue PVI: $6.49
MECHANICSBURG PA 17055-2778 $0.49
Zone -1
First -Class Mail Letter
0.40 oz.
Expected Delivery: Sat 07/05/14
Return Rcpt (Green Card) $2.70
i 00 Certified $3.30
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Customer Copy
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
4,steX, ut e:€tirt6tr,r
Jody S Smith '
Chief Deputy VU, 1 ' ''
Richard W Stewart
Solicitor Z.tP,CF :S, =Rr- )Ijetr
PHH Mortgage Corporation
vs. Case Number
Nickie L Fickel (et al.) 2014-3788
SHERIFF'S RETURN OF SERVICE
07/08/2014 06:14 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Complaint&
Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to
wit: Nickie L Fickel at 448 East King Street, Shippensburg Borough, Shippensburg, PA 17257.
g • Vv.k.0
DAWN KELL, DEPUTY
07/14/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Justin Matthew Fickel, but was unable to locate the Defendant in
his bailiwick. The Sheriff therefore returns the within requested Complaint&Notice as"Not Served"at
448 E King Street, Shippensburg Borough, Shippensburg, PA 17257. Defendatn is now residing at 448 E.
King Street, Shippensburg, 17257.
SHERIFF COST: $66.60 SO ANSWERS,
fry•
July 14, 2014 RONR ANDERSON, SHERIFF
.. w 0 S,a,r cV sci i,ac.
PHELAN HALLINAN, LLP
Jonathan Lobb, Esq., Id. No.312174
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Jonathan.lobb@phelanhallinan.com
215-563-7000
PHH MORTGAGE CORPORATION
Plaintiff
vs.
NICKIE L. FICKEL
JUSTIN M. FICKEL
Defendants
TPROTHONO TAR
r Li Ci-;r'fi.
1014 AUG --4 pi 26
CUMBERLAND COUNTY
PENNS YLVA NIA
: COURT OF COMMON PLEAS
: CIVIL DIVISION
: CUMBERLAND COUNTY
: No. 14 -3788 -CIVIL TERM
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.
By:
Jo an Lobb, Esq., Id. No.312174
Attorney for Plaintiff
PHELAN HALLINAN, LLP
Date: 7f2gJl'
/alg, Svc Dept.
File# 947325
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
6 FICE OF "kE 1:,4ERIFF
is
(r THE PROTNUNO TA:;
2011i AUG 26 MHO; 09
CUMBERLAND COUNTY
PENNSYLVANIA
PHH Mortgage Corporation
vs.
Nickie L Fickel (et al.)
Case Number
2014-3788
SHERIFF'S RETURN OF SERVICE
08/25/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Justin Matthew Fickel, but was unable to locate the Defendant in
his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as
"Not Found" at 120 Timber Lane, Shippensburg Township, Shippensburg, PA 17257. Deputies were
advised by the current resident informed deputies that the defendant may have been a previous resident
but no longer resides at this address and per the Shippensburg Postmaster mail is still delivered to the
address provided.
SHERIFF COST: $55.60 SO ANSWERS,
August 25, 2014 RONNY R ANDERSON, SHERIFF
(c CountySute Sheriff, Teleose8 Inc.
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
PHH MORTGAGE CORPORATION
Plaintiff
vs.
NICKTF L. FICKEL
JUSTIN M. FICKEL
Defendants
iL ED-OFFICL
OF II -1E PROTHONOTAI.,'
2014SEP 29 AN10: 28
CUMBERLAND COUNTY
PENNS YL N/A Attorney for Plaintiff
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 14 -3788 -CIVIL TERM
MOTION FOR SERVICE PURSUANT TO
SPECIAL ORDER OF COURT
Plaintiff, by its counsel, Phelan Hallinan, LLP, moves this Honorable Court for an Order
directing service of the Complaint and the notice of Sheriff's Sale upon the above -captioned
Defendant, JUSTIN M. FICKEL, by first class mail to JUSTIN M. FICKEL at the mortgaged
premises, 448 EAST KING STREET, SHIPPENSBURG, PA 17257-1502; posting of the
mortgaged premises, 448 EAST KING STREET, SHIPPENSBURG, PA 17257-1502; and
publication pursuant to Pa. R.C.P. 430, and in support thereof avers the following:
1. Attempts to serve Defendant, JUSTIN M. FICKEL, personally with the
Complaint have been unsuccessful. The Sheriff of CUMBERLAND County attempted to serve
the Defendant at the mortgaged premises, 448 EAST KING STREET, SHIPPENSBURG, PA
17257-1502. As indicated by the Return of Service, no service was made as the Defendant does
not reside at said address. A true and correct copy of the Return of Service is attached hereto,
made part hereof, and marked as Exhibit "A".
2. The Sheriff of CUMBERLAND County attempted to serve the Defendant at 120
TIMBER LN, SHIPPENSBURG, PA 17257-9538. As indicated by the Return of Service, no
service was made as the Defendant does not reside at said address. A true and correct copy of
the Return of Service is attached hereto, made part hereof, and marked as Exhibit "B".
3 Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the
Defendant. A true and correct copy of an affidavit of due diligence setting forth the specific
inquiries as to the Defendant's whereabouts and the results thereof is attached hereto, made part
hereof, and marked as Exhibit "C".
4. Plaintiff contacted the Prothontary's Office and as of September 15, 2014, no
Judge has previously entered a ruling in this case.
5. In accordance with CUMBERLAND County Local Rule 208.2(d), Plaintiff sent a
copy of its Proposed Motion for Special Service and Order to the Defendant on September 18,
2014 and requested Defendant's concurrence. Plaintiff did not receive any written response from
the Defendant. A true and correct copy of Plaintiffs September 18, 2014 letter and postmarked
certificate of mailing pursuant to Local Rule 208.2(d) attached hereto, made part hereof, and
marked Exhibit "D".
6. Plaintiff has reviewed its internal records and has not been contacted by the
Defendant to bring loan current.
7. Plaintiff submits that it has made a good faith effort to locate the Defendant but
has been unable to do so.
PH # 947325
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order
pursuant to Pa.R.C.P. 430 directing service of the Complaint and notice of Sheriff's Sale by first
class mail; posting; and by publication.
Date:
971. 1‘./nc.
Respectfully submitted,
PHELAN HALLINAN, LLP
By: ��'�ZL//��` �i•Z
Phelan Hallinan, LLP
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
PHELAN HALLINAN, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza, Philadelphia, PA 19103
215-563-7000
PH # 947325
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
PHH MORTGAGE CORPORATION
Plaintiff
vs.
NICKIE L. FICKEL
JUSTIN M. FICKEL
Defendants
Attorney for Plaintiff
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 14 -3788 -CIVIL TERM
MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION
FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT
I. FACTUAL BACKGROUND
Attempts to serve Defendant, JUSTIN M. FICKEL, with the Complaint have been
unsuccessful. The Sheriff of CUMBERLAND County attempted to serve the Defendant at the
mortgaged premises, 448 EAST KING STREET, SHIPPENSBURG, PA 17257-1502 and at 120
TIMBER LN, SHIPPENSBURG, PA 17257-9538. As indicated by the Return of Service, no
service was made. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to discover
the whereabouts of the Defendant as evidenced by the affidavit of due diligence setting forth the
specific inquiries as to the Defendant's whereabouts and the results thereof. Further, Plaintiff's
counsel has reviewed its internal records and has not been contacted by the Defendant to bring
loan current. Consequently, Plaintiff submits that it has made a good faith effort to locate the
Defendant but has been unable to do so.
II. LEGAL AUTHORITY
PH # 947325
Pennsylvania Rule of Civil Procedure 430(a) specifically states:
If service cannot be made under the applicable rule, the plaintiff may move the court
for a special order directing the method of service. The motion shall be
accompanied by an affidavit stating the nature and extent of the investigation which
has been made to determine the whereabouts of the defendant and the reasons why
service cannot be made.
Pa.R.C.P. 430(a) (2009).
In particular:
An illustration of a good faith effort to locate the defendant includes (1) inquiries
of postal authorities including inquiries pursuant to the Freedom of Information
Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends, and
employers of the defendant, and (3) examinations of local telephone directories,
voter registration records, local tax records, and motor vehicle records.
Id. at 430(a) n.
Similarly, the Pennsylvania Superior Court has gone on to explain that, "While by no
means exhaustive, this Note is at least indicative of the types of procedures contemplated by the
legislature when enacting Rule 430." Deer Park Lumber, Inc. v. Major, 384 Pa. Super. 625, 633,
559 A.2d 941, 946 (1989), appeal denied, 525 Pa. 582, 575 A.2d 113 (1990). Only after such
proof has been offered is the Court authorized to direct another method of substitute service. See
id.
In the instant case, as indicated by the Return of Service, the Sheriff has been unable to
serve the Complaint. Plaintiff has made a good faith effort to discover the whereabouts of the
Defendant as evidenced by the affidavit of due diligence. Therefore, Plaintiff respectfully
requests an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail,
posting, and publication.
Additionally, pursuant to Pennsylvania Rule of Civil Procedure Rule 3129.2, it is necessary
in a foreclosure action for the Sheriff or Process Server to serve upon the Defendant Notice of the
PH # 947325
Sale of the mortgaged premises. Specifically, Pa. R.C.P. Rule 3129.2(c) provides in applicable part
as follows:
The written notice shall be prepared by the plaintiff, shall contain the same information as
the hand bills or may consist of the handbill and shall be served at least thirty days before
the sale on all persons whose names and addresses are set forth in the affidavit required by
Rule 3129.1
(1) Service of the notice shall be made:
(i) upon a defendant...
(A) by the sheriff or by a competent adult in the manner prescribed by
Rule 402(a) for the service of the original process upon a defendant,
or
(B) by the plaintiff mailing a copy in the manner prescribed by Rule
403 to the addresses set forth in the affidavit; or
(C) if the service cannot be made as provided in subparagraph (A) or (B),
the notice shall be served pursuant to special order of court as
prescribed by Rule 430, except that if original process was served
pursuant to special order of court under Rule 430 upon the defendant in
the judgment, the notice may be served upon that defendant in the
manner provided by the order for service of original process without
further application to the court.
Therefore, Plaintiff respectfully requests that the Court allow for service of the Notice of Sale
upon Defendant in accordance with Pa. R. C. P. Rule 430 by first class mail and posting.
III. CONCLUSION
As indicated by the Return of Service, the Sheriff has been unable to serve the Complaint
upon the Defendant. Plaintiff has made a good faith effort to discover the whereabouts of the
Defendant as evidenced by its affidavit of due diligence.
PH # 947325
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order
pursuant to Pa.R.C.P. 430 directing service of the Complaint and Notice of Sheriff's Sale by first
class mail, posting, and publication.
Date:
Respectfully submitted,
PHELAN HALLINAN, LLP
By:
Adam
Adam H. Davis, Esq., Id. No.203034.
Attorney for Plaintiff
PH # 947325
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
OFT ICE CO THE SHERIFF
PHH Mortgage Corporation
vs.
Nickie L Fickel (et al.)
Case Number
2014-3788
SHERIFF'S RETURN OF SERVICE
07/08/2014 06:14 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Complaint &
Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to
wit: Nickie L Fickel at 448 East King Street, Shippensburg Borough, Shippensburg, PA 17257.
DAWN KELL, DEPUTY
_o_
07/14/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Justin Matthew Fickel, but was unable to locate the Defendant in
his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Served" at
448 E King Street, Shippensburg Borough, ShIppensburg, PA 17257. Defendatn is now residing at 448 E.
King Street, Shippensburg, 17257.
SHERIFF COST: $66.60 SO ANSWERS,
July 14, 2014
•
—:"
•
(c) CountySuite 'Sheriff. Toteosbff
RONNY R ANDERSON, SHERIFF
Exhibit "B"
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
0,8a:tr of tuber( ird.
{
or-F1CF QF TkF SI-FFIr;
PHH Mortgage Corporation
vs.
Nickie L Fickel (et al.)
Case Number
2014-3788
SHERIFF'S RETURN OF SERVICE
08/25/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Justin Matthew Fickel, but was unable to locate the Defendant in
his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as
"Not Found" at 120 Timber Lane, Shippensburg Township, Shippensburg, PA 17257. Deputies were
advised by the current resident informed deputies that the defendant may have been a previous resident
but no longer resides at this address and per the Shippensburg Postmaster mail is still delivered to the
address provided.
SHERIFF COST: $55.60 SO ANSWERS,
August 25, 2014
(C) CountySuite Shenfl, Toleoso(t Inc.
RONNY R ANDERSON, SHERIFF
Exhibit "C"
AFFIDAVIT OF GOOD FAITH INVESTIGATION
File Number: 947325
Attorney Firm: Phelan Hallinan LLP
Subject: Nickie L. Fickel & Justin NI. Fickel
Property Address: 448 East King Street, Shippensburg, PA 17257
I. CREDIT INFORMATION
A. SOCIAL SECURITY NUMBER
Our search verified the following information to be true and correct
Nickie L. Fickel - xxx-xx-2320
Justin M. Fickel - 197-52-xxxx
B. EMPLOYMENT SEARCH
Nicki.e L. Fickel & Justin M. Fickel. - A review of the credit reporting agencies
provided no employment information.
C. INQUIRY OF CREDITORS
Our inquiry of creditors indicated that Nickie L. Fickel & Justin M. Fickel. reside(s) at:
448 East King Street, Shippensburg, PA 17257.
IL INQUIRY OF TELEPHONE COMPANY
A. DIRECTORY ASSISTANCE SEARCH
Our office searched directory assistance databases, which indicated that Nickie L.
Fickel & Justin M. Fickel reside(s) at: 448 East King Street, Shippensburg, PA 17257,.
On 05-14-14 our office made several telephone calls to the subjects' phone number
(717) 300-3425 and received the following information: answering machine.
B. On 05-14-14 our office made several telephone calls to a possible phone number of
the subject(s) (717) 816-3915 and received the following information: answering
machine.
III. INQUIRY OF NEIGHBORS
On 05-14-14 our office made a phone call in an attempt to contact James L.
Fahnestock (717) 532-8241, 438 East King Street, Shippensburg, PA 17257:
disconnected.
On 05-14-14 our office made several phone calls in an attempt to contact Brenna T.
Eichelberger (717) 532-9580, 450 East King Street, Shippensburg, PA 17257: answering
machine.
On 05-14-14 our office made several phone calls in an attempt to contact Justin L.
Greene (717) 530-9364, 436 East King Street, Shippensburg, PA 17257: answering
machine.
IV. ADDRESS INQUIRY
A. NATIONAL ADDRESS UPDATE
On 05-14-14 we reviewed the National Address database and found the following
information: Nickie L. Fickel & Justin M. Fickel - 448 East King Street, Shippensburg,
PA 17257.
B. ADDITIONAL ACTIVE MAILING ADDRESSES
Per our inquiry of creditors, the following is a possible mailing address: no addresses
on file.
V. OTHER INQUIRIES
A. DEATH RECORDS
As of 05-14-14 Vital Records and all public databases have no death record on file for
Nickie L. Fickel & Justin M. Fickel.
VI. ADDITIONAL INFORMATION OF SUBJECT
A. YEAR OF BIRTH
Nickie L. Fickel -1979
Justin M. Fickel - 1974
B. A.K.A.
Nickie Lois Hockenberry
* Our accessible databases have been checked and cross-referenced for the above
named individual(s).
* Please be advised our database information indicates the subject resides at the
current address.
I hereby verify that the statements made herein are true and correct to the best of my
knowledge, information and belief and that this affidavit of investigation is made subject to
the penalties of 18 Pa CS. S ec. 4904 relating to unsworn falsification to authorities.
The above information is obtained from available public records
and we are only liable for the cost of the affidavit.
Exhibit "D"
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
FAX#: 215-568-7616
Noeleen R. Urmson Ext. 1469 Representing Lenders in
Service Department Pennsylvania
September 18, 2014
NICKIE L. FICKEL
448 EAST KING STREET
SHIPPENSBURG, PA 17257-1502
JUSTIN M. FICKEL
448 EAST KING STREET
SHIPPENSBURG, PA 17257-1502
RE: PHH MORTGAGE CORPORATION v. NICKIE L. FICKEL and JUSTIN M. FICKEL
Premises Address: 448 EAST KING STREET, SHIPPENSBURG, PA 17257-1502
CUMBERLAND County, No. 14 -3788 -CIVIL TERM
Dear Defendants,
Enclosed please find a true and correct copy of my proposed Motion for Special Service
and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking
concurrence with the requested relief that is, service of the complaint by first class mail and
posting of the mortgaged premises. Please respond to me within one week, by
54/ Z •377 •
Should you have any further questions or concerns, please do not hesitate to contact me.
Otherwise, please be guided accordingly.
Very truly yours,
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
Name and
Address
Of Sender
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Playa
Philadelphia, PA 19103
NRU %
Line
Article Number
Name of Addressee, Street. and Post Orftce Address/ \'
Postage
1
'"a•
Nickie L. Fickel
448 EAST KING STREET
SHIPPENSBURG, PA 1 72 57-1 502
S0.48
2
"a a'
Justin M. Fickel
448 EAST KING STREET
SHIPPENSBIJRG, PA 17257-1502
S0.48
RE: NICKIE L. FICKEL
(CUMBERLAND) TEAM 4 PH # 947325/1021 Page 1 of I
S0.96
Tirol Number of
Pieces Listed by Sender
Total Number of Pieces
Received at Poo Olrice
Poslmaner, Per (Name of
Receiving Eo,plo)re)
Thefall declaration of value is required on all dmnesoe and international repstcred mail, The r
for thereconstruction of nonneFooabie documents under Express Mail document reconstruction
piece subject to thou of 5500,000 per occurrence, The mavimuni indemnity payable on EsPrL
The matrmum indemnity payable is $25,000 f-ter:moed mail, sent with optional insurance, t
8900 S91] and 5951 for lioitmiuns of eusuare. • .1‘,..—•
Form 3877 Facsimile
O
PH 4947325
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,PENNSYLVANIA
PHH MORTGAGE CORPORATION? Court of Common Pd' k'S`i` '.
Plaintiff :
•
Civil Division
vs.
•
CUMBERLAND County
NICKIE L. FICKEL
JUSTIN M. FICKEL • No. 14-3788-CIVIL TERM
Defendants :
ORDER
AND NOW, thisaday� � 2014, upon consideration of Plaintiff's
motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED,
that said Motion is GRANTED.
It is further ORDERED and DECREED that Plaintiff may obtain service of the
Complaint and of the Notice of Sheriffs Sale as authorized by Pa.RCP. 3129.2 (c)(1)(i)(C)*, on
the above captioned Defendants,JUSTIN M. FICKEL, by:
1. Posting of the premises: 448 EAST KING STREET, SHIPPENSBURG,
PA 17257-1502 by the Sheriff or a non-party competent adult; and
2. First class mail to JUSTIN M. FICKEL at the mortgaged premises located
at 448 EAST KING STREET, SHIPPENSBURG, PA 17257-1502. Service by mail is
complete upon the date of mailing.
It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file
a certificate of service with the Prothonotary's office to ensure compliance with this Court Order.
6341 /)2 .1 (EcL., B HE COURT:
14.•�aut S J.
/c/ta/i7
PH#947325/NRU
PHELAN HALLINAN, LLP
Kenya Bates, Esq., Id. No.203664
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
kenya.bates@phelanhallinan.com
215-563-7000
PHH MORTGAGE CORPORATION : COURT OF COMMON PLEAS
Plaintiff
: CIVIL DIVISION
vs.
: CUMBERLAND COUNTY
NICKIE L. FICKEL : No. 14 -3788 -CIVIL TERM
JUSTIN M. FICKEL
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.
By:
Date: 10411
/sdk, Svc Dept.
File# 947325
PHE
AN HALLINAN, LLP
enya Bafes, Esq., Id. No.203664
Attorney for Plaintiff
Wv
M- IckiVox
sa(ms
Phelan Hallinan, LLP
PETER WAPNER, Esq., Id. No.318263
peter.wapner@phelanhallinan.com
1.617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
PHH MORTGAGE CORPORATION
Plaintiff
vs.
ATTORNEYS FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
NICKIE L. FICKEL
JUSTIN M. FICKEL No. 14 -3788 -CIVIL TERM
Defendant(s)
AFFIDAVIT OF SERVICE OF COMPLAINT
BY MAIL PURSUANT TO COURT ORDER
I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage
Foreclosure in the above captioned matter was sent by regular mail to the following persons,
JUSTIN M. FICKEL at 448 EAST KING STREET, SHIPPENSBURG, PA 17257-1502 on
October 23, 2014, in accordance with the Order of Court dated October 2, 2014..The undersigned
understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to
unsworn falsification to authorities.
DATE:
PH # 947325
101, Lam/ I
By:
Phelan Hallinan, LLP
PETER WAPNER, Esq., Id. No.318263
Attorney for Plaintiff
Phelan Hallinan, LLP
sr -
PH # 947325 Code 1015
JUSTIN M. F1CKEL
448 EAST KING STREET
SHIPPENSBURG, PA 17257-1502
-
AFFIDAVIT OF SERVICE BY POSTING
PHH MORTGAGE CORPORATION
Plaintiff
V.
NICKIE L. FICKEL
JUSTIN M. FICKEL
Defendant
Service Instructions: PLEASE POST BY: 09/03/2014
Serve JUSTIN M. FICKEL at 448 EAST KING STREET,
SHIPPENSBURG, PA 17257-1502 by posting the property in
accordance with the court Order.
Court of Common Pleas
Civil Division
CUMBERLAND County r'.
No. 14 -3788 -CIVIL TERM,:::
•
cw
Served
Po ted and made known to JUSTIN M. FICKEL, Defendant on the day of 6C4d4Cse4(' 20 at ' o'clock,
. M., at 448 EAST KING STREET, SHIPPENSBURG, PA 17257-1502, in the manner described below:
1 roperty Posted
Other:
e Property was not posted becau e
t,
Cly L C'- adu�.
�' ' a compet t lt, being duly sworn according to law, depose and state that I personally posted a true and correct
copy of the Complaint in Mortgage Foreclosure issued in the captioned case on the date and the address indicated above. I understand that this
statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
DATE:
PH # 947325
l0fa6 f i¢
NAME:
PRINTED N
TITLE: �tC'aCe'sS S�Cv
PILED- alTICF
6F THE PRO THONO
irW. ,
MI5 JAN -2 AN 10: 00
CUMBERLAND COUNTY
PENNS YLVA Ir
PHELAN HALLINAN, LLP
BY: Joseph P. Schalk, Esquire
Identification No: 91656
126 Locust Street
Harrisburg, PA 17101
(215)563-7000
joseph.schalk@phelanhallinan.com
PHH MORTGAGE CORPORATION
2001 BISHOPS GATE BLVD COURT OF COMMON PLEAS
MOUNT LAUREL, NJ 08054
Plaintiff CIVIL DIVISION
v.
TERM
NICKIE L. FICKEL
448 EAST KING STREET NO. 14 -3788 -Civil
SHIPPENSBURG, PA 17257-1502
CUMBERLAND COUNTY
JUSTIN M. FICKEL
448 EAST KING STREET
SHIPPENSBURG, PA 17257-1502
Defendants
MOTION TO LIFT CONCILIATION STAY
Plaintiff, PHH Mortgage Corporation. (hereinafter "Plaintiff'), by its attorney, Joseph P.
Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof
avers as follows:
1. On June 27, 2014, Plaintiff filed a Complaint in Mortgage Foreclosure against
Defendants Nickie L. Fickel and Justin M. Fickel (hereinafter "Defendants") for the failure to
make monthly payments of principal and interest upon their mortgage due December 1, 2013,
and each month thereafter. A true and correct copy of the Complaint is attached hereto, made
947325
part hereof and marked as Exhibit "A".
2. On July 8, 2014, Plaintiff completed service of the Complaint in Mortgage
Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure
Diversion Program Certification Cover Sheet upon the Nickie L. Fickel. A true and correct copy
of the Affidavit of Service is attached hereto, made part hereof and marked as Exhibit "B."
3. On October 2, 2014 this Honorable Court granted Plaintiff's Motion for Service
Pursuant to Special Order of Court noting that Plaintiff may obtain service of the Complaint
upon Justin M. Fickel, by posting the premises, first class mail, and publication in a newspaper.
A true and correct copy of the October 2, 2014 Order is attached hereto, made part hereof and
marked as Exhibit "C".
4. On October 25, 2014, Plaintiff completed service of the Complaint in Mortgage
Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure
Diversion Program Certification Cover Sheet upon the Justin M. Fickel. A true and correct copy
of the proof of first class mailing, proof of publication, and proof of posting is attached hereto,
made part hereof and marked as Exhibit "D."
5. 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.
6. 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.
7. If more than sixty (60) days has elapsed since the service of Notice of Residential
947325
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.
8. Defendant has failed to opt into the Cumberland County Residential Mortgage
Foreclosure Diversion Program within sixty (60) days of service.
9. 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.
Date: 17, i ti BY:
947325
Respectfully submitted,
PHELAN HALLINAN, LLP
. Schalk, Esquire
rney for Plaintiff
PHELAN HALLINAN, LLP
BY: Joseph P. Schalk, Esquire
Identification No: 91656
126 Locust Street
Harrisburg, PA 17101
(215)563-7000
j o seph. schalk(&,,phelanhallinan. co m
PHH MORTGAGE CORPORATION
2001 BISHOPS GATE BLVD COURT OF COMMON PLEAS
MOUNT LAUREL, NJ 08054
Plaintiff CIVIL DIVISION
v.
TERM
NICKIE L. FICKEL
448 EAST KING STREET NO. 14 -3788 -Civil
SHIPPENSBURG, PA 17257-1502
CUMBERLAND COUNTY
JUSTIN M. FICKEL
448 EAST KING STREET
SHIPPENSBURG, PA 17257-1502
Defendants
CERTIFICATION OF SERVICE
I, Joseph P. Schalk, Esquire, certify that I caused true and correct copies of Plaintiff's
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:
Justin M. Fickel
448 East King Street
Shippensburg, PA 17257
Date: Nil ti
947325
Nickie L. Fickel
448 East King Street
Shippensburg, PA 17257
By:
J•�J•h `1 Schalk, Esquire
rney for Plaintiff
Exhibit "A"
Full Spectrum Services
Document Retrieval - PA
Order Date: October 14, 2014
Dcc. Type:
FRS f:
Client #:
LOAN 4#:
Docket #:
Defendant:
Address:
Time Stamped Complaint (FC)
Notes:
FRS2209777
947325
004152.7516
14 -3788 -CIVIL TERM
NICKIE L. FICKEL
SSN: XXX-Xx-2320
3 JSTIN M. FICK.EL
SSN: XXx-xX-66665
448 EAST KING STREET
SIPPENSBURG, PA 17257-1502
County: Cumberland
PARCEL#(s): 32-33-1869-064.
1
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Supreme Cou.xl:of Pennsylvania
Cotte i Coyrrtrrat . ,Pleas
`iivi1Qovei, S1;teet
tit ��.--�n County
CUMBEIIL`AND .
: '
For Prothonotary Use Only:
Lead Plaintiff's Name: PHH MORTGAGE
CORPORATION
cS'
1-,%
Docket No: 01V
1�-3x88 II
am
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service of pleadings or other papers as required by law or rules of court.
Commencement of Action:
.C7X. Complaint 0 Writ of Summons 0 Petition
0 Transfer from Another Jurisdiction • 0 Declaration of Taking
Lead Plaintiff's Name: PHH MORTGAGE
CORPORATION
Lead Defendant's Name: NICKIE L. FICKEL
Dollar Amount Requested: ❑ within arbitration limits
(Check one) El outside arbitration limits
Are money damages requested? ❑ Yes 4 No
Is this a Class Action Suit? ❑ Yes 0 No
Is this an MDJ Appeal? 0 Yes 0 No
Name of Plaintiff/Appellant's Attorney: Michael Dingerdissen, Esq., Id. No.3_17124, Phelan Hallinan, LLP
0 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 Moss Tort)
D Intentional
O Malicious Prosecution
D Motor Vehicle
D Nuisance
D Premises Liability
❑ Product Liability (does not
include mass tort)
Q Slander/Libel! Defamation
0 Other:
MASS TORT
❑ Asbestos
0 Tobacco
❑ Toxic Tort - DES
❑ Toxic Tort - Implant
O Toxic Waste
❑ Other:
PROFESSIONAL LIABILITY
O Dental
❑ Legal
O Medical
O Other Professional:
Pa.R.CP. 205.5
CONTRACT (do not include judgments)
D Buyer Plaintiff
❑ Debt Collection: Credit Card
D Debt Collection: Other
Q Employment Dispute:
Discrimination
D Employment Dispute: Other
0 Other:
REAL PROPERTY
❑ Ejectment
D Eminent Domain/Condemnation
❑ Ground Rent
❑ Landlord/Tenant Dispute
Cg) Mortgage Foreclosure: Residential
Cl Mortgage Foreclosure: Commercial
❑ Partition
❑ Quiet Title
O Other:
CIVIL APPEALS
Administrative Agencies
❑ Board of Assessment
Q Board of Elections
0 Dept. of Transportation
❑ Statutory Appeal: Other
❑ Zoning Board
❑ Other:
MISCELLANEOUS
❑ Common Law/Statutory Arbitration
D Declaratory Judgment
Q Mandamus
O Non -Domestic Relations
Restraining Order
D Quo Warranto
Q Replevin
D Other:
Updated 01/01/2011
PHELAN HALLINAN, LLP
Michael Dingerdissen, Esq., Id. No.317124
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Michael.Dingerdissen@phelanhallinan.com
215-563-7000
PHH MORTGAGE CORPORATION
2001 BISHOPS GATE BLVD
MOUNT LAUREL, NJ 08054
Plaintiff
V.
NICKIE L. FICKEL
448 EAST KING STREET
SHIPPENSBURG, PA 17257-1502
JUSTIN M. FICKEL
448 EAST K_LNG STREET
SHIPPENSBURG, PA 17257-1502
Defendants
RLE:3-0 FI
C7
THE PRO114.0ND IAT:1
rallf JUN 27 AM I 1.: 05
CUMBERLAND COUNTY
PENNSYLVANIA
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
NO. 14— 31788 QvIi1nn
CUMBERLAND COUNTY
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File ft: 947325
41103.75 13° Arni
14-315(„,
3o77Gol
1. Plaintiff is
7
PHH MORTGAGE CORPORATION
2001 BISHOPS GATE BLVD
MOUNT LAUREL, NJ 08054
The name(s) and last known address(es) of the Defendant(s) are:
NICKIE U FICKEL
448 EAST KING STREET
SHIPPENSBURG, PA 17257-1502
JUSTIN M. FICKEL
448 EAST KING STREET
SHIPPENSBURG, PA 17257-1502
who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 03/27/2007 NICKIE L. FICKEL and JUSTIN M. FICKEL made, executed and
delivered a mortgage upon the premises hereinafter described to PATRIOT FEDERAL
CREDIT UNION , which mortgage is recorded in the Office of the Recorder of Deeds of
CUMBERLAND County, in Mortgage Book 1986, Page 3421. By Assignment of
Mortgage recorded 04/27/2007 the mortgage was assigned to PLAINTIFF, which
Assignment is recorded in Assigiunent of Mortgage Book 0736, Page 2109.The mortgage
and assignment(s), if any, arc 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 12/01/2013 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 4: 947325
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 05/09/2014:
Principal Balance
Interest
11/01/2013 through 05/09/2014
Late Charges
Property Inspections
Escrow Deficit
TOTAL
$122;913.36
$4,169.79
$170.6.4
$11.25
$735.54
$128,000.58
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 4: 947325
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
S128,000.58, 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,
File4: 947325
PHELAN HALLrNAN, LLP
By: :rpv-
Michael
Dingerdisse.n, Esq., Id. No.317124_
Attorney for Plaintiff
or
LEGAL DESCRIPTION
ALL THAT CERTAIN lot or piece of ground (together with improvements erected thereon)
situate in the Shippensburg Borough, County of Cumberland, Commonwealth of Pennsylvania,
bounded and described as follows:
BEGINNING on the South side of East King Street on line of land now or formerly of Grace
Saltsgiver; thence Eastwardly by the pavement curb, 38 1/2 feet; thence by land now or formerly
of Blanche Spero and by the East side of a concrete wall, and lands now or formerly of Vernon
K. Sixeas and others, Southwardly 300 feet, more or less, to a public alley, Westwardly 37 feet to
land now or formerly of Grace Saltsgiver; thence by said lands now or formerly of Saltsgiver,
Northwardly 300 feet, ore or less, to the place of beginning.
Having thereon erected a two story frame dwelling house known as 448 East King Street,
Shippensburg, Pennsylvania 17257, and other improvements.
PROPERTY ADDRESS: 448 EAST KING STREET, SHIPPENSBURG, PA 17257-1502
PARCEL #32-33-1869-064.
File r: 947325
VERIFICATION
William Bellows , hereby states that he/she is Assistant Vice PresideorPHH
MORTGAGE CORPORATION, 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: CM- ',,g(7‘7(
File/: 947325
Name: FICKEL
File.: 947325
Name: William Bellows
Title: Assistant Vice President
PHH MORTGAGE CORPORATION
Exhibit "B"
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
or at unlibFrfdhd
OFFICE OF}THE SHERIFF
PHH Mortgage Corporation
vs.
Nickie L Fickel (et al.)
Case Number
2014-3788
SHERIFF'S RETURN OF SERVICE
07/08/2014 06:14 PM - Deputy Dawn Keil, being duly sworn according to law, served the. requested Complaint &
Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to
wit: Nickie L Fickel at 448 East King Street, Shippensburg Borough, Shippensburg, PA 17257.
g. 14_0
DAWN KELL, DEPUTY
07/14/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Justin Matthew Fickel, but was unable to locate the Defendant in
his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Served" at.
448 E King Street, Shippensburg Borough, Shippensburg, PA 17257. Defendatn is now residing at 448 E.
King Street, Shippensburg, 17257.
SHERIFF COST: $66.60 SO ANSWERS,
July 14, 2014
•
. 'G
Ic) CounlySutte Sheriff. Toleosotl Inc.
RONR ANDERSON, SHERIFF
Exhibit "C"
IN THE COURT OF COMMON PLEAS /1' I li OCT -2 PM 3: 5
CUMBERLAND COUNTY, PENNSYLVANIA
CUMBERLAND COUN n.
Court of Common fleas LVANIA
PHH MORTGAGE CORPORATION
Plaintiff
vs.
NICKIE L. FICKEL
JUSTIN M. FICKEL
Defendants
Civil Division
CUMBERLAND County
No. 14 -3788 -CIVIL TERM
_ l ORDER
AND NOW, this „7 / ay of (1i014, upon consideration of Plaintiff's
motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED,
that said Motion is GRANTED.
It is further ORDERED and DECREED that Plaintiff may obtain service of the
Complaint and of the Notice of Sheriffs Sale as authorized by Pa.RCP. 3129.2 (c)(1)(i)(C)*, on
the above captioned Defendants, JUSTIN M. FICKEL, by:
1. Posting of the premises: 448 EAST KING STREET, SHIPPENSBURG,
PA 17257-1502 by the Sheriff or a non-party competent adult; and
2. First class mail to JUSTIN M. FICKEL at the mortgaged premises located
at 448 EAST KING STREET, SHIPPENSBURG, PA 17257-1502. Service by mail is
complete upon the date of mailing.
It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file
a certificate of service with the Prothonotary's office to ensure compliance with this Court Order.
BY THE COURT:
/sI
al/-71/4(7f44—
PH
# 947325/NRU
*Prior to fulfilling the requirements of service of Notice of Sale as set forth in this Order, Plaintiff must first
attempt service as set forth in Pa.RCP. 3129.2(c)(1)(i) (A) or (13). In the event this attempted service is not
successful, Plaintiff may proceed with service of the Notice of Sale in conformity with this Order.
Cc:JUSTIN M. FICKEL
448 EAST KING STREET,
SHIPPENSBURG, PA 17257-1502
NICKIE L. FICKEL
448 EAST KING STREET
SHIPPENSBURG, PA 17257-1502
PH # 947325/NRU
Exhibit "D"
•
•
AFFIDAVIT OF SERVICE BY POSTING
PHH MORTGAGE CORPORATION
Plaintiff
V.
NICKIE L. FICKEL
JUSTIN M. FICKEL
Defendant
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 14 -3788 -CIVIL TERM
Service Instructions: PLEASE POST BY: 09/03/201.4
Serve JUSTIN M. FICKEL at 448 EAST KING STREET,
SHIPPENSBURG, PA 17257-1502 by posting the property in
accordance with the court Order.
Se rued
Po •ted and made known to JUSTIN M. FICKEL, Defendant on the day of:%Calt 20 at ' � o'clock,
. M at 448 EAST KING STREET, SHIPPENSBURG, PA 17257-1502, in the manner described below:
L'ICroperty Posted
Other:
e i?a IPer°ly•ivAs'nW,pnsted bccttu
l c u t " oao pd ,
being duly sworn according to law, depose and state that I personally posted a true and correct
copy of the Complaint in Mortgage Foreclosure issued in the captioned case on the date and the address indicated above. I understand that this
statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
DATE:
PH # 947325
NAME:
PRINTED°N
TITLE:
Phelan Halli
APNER, Esq., Id. No.3I8263
peter.wapner@phelanhallinan.com
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
PHH MORTGAGE CORPORATION
Plaintiff
vs.
NICKIE L. FICKEL
JUSTIN M. FICKEL No. 14 -3788 -CIVIL TERM- ;�
ATTORNEYS FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
•
CUMBERLAND COUNTY? c
Defendant(s)
AFFIDAVIT OF SERVICE OF COMPLAINT
BY MAIL PURSUANT TO COURT ORDER
I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage
Foreclosure in the above captioned matter was sent by regular mail to the following persons,
JUSTIN M. FICKEL at 448 EAST KING STREET, SHIPPENSBURG, PA 17257-1502 on
October 23, 2014, in accordance with the Order of Court dated October 2, 2014. The undersigned
understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to
unsworn falsification to authorities.
Phelan Hallinan, LLP
` 1, [ / ki, of wq,i0Fr'
DATE: ki t � By:
PETER WAPNER, Esq., Id. No.318263
Attorney for Plaintiff
Phelan Hallinan, LLP
PH # 947325
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
PHH MORTGAGE CORPORATION
2001 BISHOPS GATE BLVD
MOUNT LAUREL, NJ 08054
Plaintiff
v.
NICKIE L. FICKEL
448 EAST KING STREET
SHIPPENSBURG, PA 17257-1502
JUSTIN M. FICKEL
448 EAST KING STREET
SHIPPENSBURG, PA 17257-1502
Defendants
AND NOW, this / Z � day of
ORDER
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
NO. 14 -3788 -Civil
CUMBERLAND COUNTY
s
, 20 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: "ckie L. Fickel
Jy tin M. Fickel
..Joseph P. Schalk, Esquire, Id. No. 91656
947325 eah'7t FS X21 kr--Li