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HomeMy WebLinkAbout14-3816 Supreme Court of Pennsylvania r r COUP amnio Pleas For Prothonotary Use Onl : zvV, i1�Cove,;Beet y CU 61R` D `i` County Docket No: �( _ The information collected on this form is used solely for court administration purposes. This fibrin does not supplement or replace thefiling and service ofpleadings or other papers as required b lair,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: PHH MORTGAGE Lead Defendant's Name: PENNY R. BURD F/K/A PENNY R. T CORPORATION COMERER j Are money damages requested? ❑ Yes Z No Dollar Amount Requested: ❑ within arbitration limits 0 (Check one) ❑x outside arbitration limits N Is this a Class Action Suit? ❑ Yes 9 No Is this an MDJ Appeal? ❑ Yes Z 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: ❑ Slander/Libel/Defamation Discrimination E ❑ Other: ❑ Employment Dispute: Other ❑Zoning Board C ❑ Other: T j 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 LIABILI'T'Y ❑ 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 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#: 949118 f r 7i p,Orjj ' Ct ONO T1 �I y JUN 30 � L"BFRL 2 PENNS YL COUNTY ll • 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 PHH MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD COURT OF COMMON PLEAS MOUNT LAUREL,NJ 08054 CIVIL DIVISION Plaintiff V. TERM • PENNY R. BURR F/K/A PENNY R. COMERER NO. 30 WILLOW GROVE ROAD CARLISLE,PA 17013-8323 CUMBERLAND COUNTY ALAN L.BURD 30 WILLOW GROVE ROAD CARLISLE,PA 17013-8323 Defendants CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE C�- a File#: 949118 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: PENNY R.BURD F/K/A PENNY R. COMERER 30 WILLOW GROVE ROAD CARLISLE,PA 17013-8323 J ALAN L.BURD 30 WILLOW GROVE ROAD CARLISLE,PA 17013-8323 who is/are the mortgagor(s) of the property hereinafter described. 3. On 09/27/2010 PENNY R. BURD and ALAN L. BURD made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc. as Nominee for PHH HOME LOANS,LLC, DBA, ERA HOME LOANS , which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 201028672. By Assignment of Mortgage recorded 05/12/2014 the mortgage was assigned to PLAINTIFF,which Assignment is recorded in Assignment of Mortgage Instrument No. 201409727.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 File#: 949118 of said mortgage,upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage as of 07/01/2014: Principal Balance $131,924.75 Interest $3,940.16 11/01/2013 through 07/01/2014 Late Charges $233.12 Subtotal $136,098.03 Escrow Credit 346.27 TOTAL $135,751.76 7. Plaintiff is not seeking a judgment of personal liability (or an in Persona m 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. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. File#: 949118 10. The mortgage premises are vacant and abandoned. WHEREFORE,Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $135,751.76, 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: Jon an Lobb, Esq., Id. No.312174 Attorney for Plaintiff File#: 949118 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the Township of North Middleton, Cumberland County,Pennsylvania,bounded and described as follows: BEGINNING at an iron pipe on the Southern right-of-way line of a 40 feet wide right-of-way known as Clearview Drive, said point of beginning being South 73 degrees 30 minutes 20 seconds West 199.50 feet to an iron pipe at the intersection of the Southern right-of-way line of said Clearview Drive with Western property line of Robert J. Ludwig, et ux; thence along property now or formerly of Paul L. Cline, et ux, South 12 degrees 8 minutes 40 seconds East 175.15 feet to an iron pipe; thence by the same South 75 degrees 59 minutes West 149 feet to an iron pipe; thence by the same North 8 degrees 19 minutes 40 seconds West 170 feet to an iron pipe on the Southern right-of-way line of said Clearview Drive(said iron pipe being 1580 feet more or less East of the center line of Pennsylvania Route No. 34); thence along the Southern right-of-way line of said Clearview Drive North 73 degrees 30 minutes 20 seconds East 138.00 feet to an iron pipe, the place of BEGINNING. CONTAINING 0.566 acres,more or less. UNDER AND SUBJECT TO the same rights,privileges, agreements, rights-of-way, easements, conditions, exceptions, restrictions,and reservations as exist by virtue of prior recorded instruments,pians, Deeds of Conveyances, or visible on ground. Being known as numbered as 234 Clearview Drive, Carlisle,Pennsylvania. File#: 949118 BEING THE SAME PREMISES which Jacqueline M. Pond,Principal, by her Agent,Patricia C. Kostrzewa, a widower,by deed dated August 19, 2008 and recorded September 3, 2008 in the Office of the Recorder of Deeds in and for Cumberland County,Pennsylvania in Instrument No. 200829946, granted and conveyed unto Alan L. Burd and Penny R. Comerer. ALSO BEING THE SAME PREMISES WHICH Alan L. Burd and Penny R. Burd, formerly known as Penny R. Comerer by their deed dated 9/27/10 and about to be recorded herewith granted and conveyed unto Alan L. Burd and Penny R. Burd,his wife,Mortgagors herein. PROPERTY ADDRESS: 234 CLEARVIEW DRIVE, CARLISLE, PA 17013-1116 PARCEL#29-16-1092-011 File#: 949118 VERIFICATION William Bellows Assistant Vice President , hereby states that he/she is of 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: i;` Name: William Bellows Assistant Vice President Title: PHH MORTGAGE CORPORATION File#: 949118 Name: BURD File M 949118 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFFICE C'F THE $PERIFF '., JUL I 1 :1 i ;: 21 CUMBERLAND CCUU*-: PERSYLVA MA PHH Mortgage Corporation vs. Penny Burd (et al.) Case Number 2014-3816 SHERIFF'S RETURN OF SERVICE 07/03/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Alan L Burd, 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 234 Clearview Drive, North Middleton, Carlisle, PA 17013. Residence is vacant. 07/03/2014 08:00 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: Penny Burd, 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 234 Clearview Drive, North Middleton, Carlisle, PA 17013. Residence is vacant. 07/03/2014 09:05 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Jason Jumper, Son, who accepted as "Adult Person in Charge" for Penny Burd at 30 Willow Grove Road, North Middleton, Carlisle, PA 17013. 4. k_dit, DAWN KELL, DEPUTY SHERIFF COST: $55.78 SO ANSWERS, July 08, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft. Inc. • RONNY R. ANDERSON Sheriff JODY S. SMITH Chief Deputy OFFICE OF THE SHERIFF One Courthouse Square, Room 303 Carlisle, Pennsylvania 17013 • To: Postmaster Agency Control No. Do - 3S Lo Car 11,S1.52_ Date: ri g Address information Request Please furnish ibis agency with the new,address, if available,. for the following individual or verify whether the address given:below is One at which mail for this individual is currently being delivered.If the. • following address is a post office box, please furnish the.street address as recorded on the box holder's application form. L • .• • Name:. I an. • • B • Last ICnown Address: ' (931-1, •0:12za.r. :‘,; ult.° Dr rtx, 2a, . certify the address information for this individual is required for,the performance of thzig agency's official duties, (Title) For Post'Office Use Only ( ) Mail is deliveredto address given. • • New Address ( ) Not Known at Address Given • ( ) Moved, Left No Vorwardng Address ( ) No Such Address ( ) Other (Specify) • Box holders' Street AddresS Agency Return Address Postanark/Date Stamp. Please fax results to the Cumberland CountySheriff's Office. Number (717) 2.46-6397 Address Information Request (ReqUired foniaat) Exhibit 352.44b PHELAN HALLINAN, LLP Paul Cressman, Esq., Id. No.318079 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 paul.cressman@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff vs. THE PRoTHONGTAP) 2 0 JUL 23 AM 10. 3 7 PENAS YNV NICOUNTY LVgNiq : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY PENNY R. BURD F/K/A PENNY R. : No. 14 -3816 -CIVIL COMERER ALAN L. BURD 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: -7// /alg, Svc Dept. File# 949118 , LLP man, Esq., Id. No.318079 for Plaintiff Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY FILED -OFFICE pat ellRa l Cif THE PROTHONOTARY r'w 2014 AUG -5 AM 9: 51 ©rFieerr„sslr CUMBERLAND COUNTY PENNSYLVANIA PHH Mortgage Corporation vs. Penny Burd (et al.) Case Number 2014-3816 SHERIFF'S RETURN OF SERVICE 07/29/2014 09:02 PM - Deputy Christopher Sharpe, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Alan L Burd at 234 Clearview Drive, North Middleton, Carlisle, PA 17013. C ` ' ISTOP ' ' ARPE, DEPUTY SHERIFF COST: $34.78 SO ANSWERS, July 30, 2014 (cf CcentySuite Sheriff, Teleosoft, Inc. RONNY R ANDERSON, SHERIFF LAW OFFICES MARLIN R. McCALEB PHH MORTGAGE CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - PENNY R. BURD, F/K/A PENNY R. COMERER, and ALAN L. BURD, Defendants AND NOW, a . NO. 14-3816 CI CIVIL ACTION - CASE MANAGEMENT ORDER /o7 Defendant/Borrower Alan L. Burd in the LAW VIL c -0W rn� fir.. MORTGAGEOR D c-; , 2014, above captioned Crl residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the Defendants/Borrowers have complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court -supervised Conciliation Conference on a‘ , 2014, at v2:,j 0 /4 . M . in the Chambers of Court Room No. at the Cumberland County Court House, Carlisle, Pennsylvania; 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the Defendant/Borrower must serve upon the Plaintiff/Lender or its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the Defendant/Borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference LAW OFFICES MARLIN R. McCALEB ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the Defendant/Borrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The Defendants/Borrowers and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the Plaintiff/Lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The. representative of the Plaintiff/Lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the Plaintiff/Lender must discuss the resolution proposals with that authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the Plaintiff/Lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of. the authorized representative of the Plaintiff/Lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference, the parties and their -2- A * LAW OFFICES MARLIN R. McCALEB counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled Conciliation Conference. Co -D 'es 172.11'LL .1.55 Amy r� Pi_c& (6,4 sfr.zpy =,/-79 -3 - BY THE COURT: l . . • LAW OFFICES MARLIN R. McCALEB PHH MORTGAGE CORPORATION, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA . CIVIL ACTION- LAW . NO. 14-3816 CIVIL vs. PENNY R. BURD, F/K/A PENNY R. COMERER, and ALAN L. BURD, Defendants . CIVIL ACTION- MORTGAGE FORECLOSURE REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated February 28, 2012, governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. The above Defendants are the owners of the real property which is the subject of this mortgage foreclosure action, known and numbered as 234 Clearview Drive (North Middleton Township, Cumberland County), Carlisle, PA 17013. 2. Defendant/Borrower Alan L. Burd lives in the subject real property, which is his primary residence. 3. Defendants have been served with a "Notice of Residential Mortgage Foreclosure Diversion Program" and have taken all of the steps required in that Notice to be eligible to participate in a court -supervised conciliation conference and Defendant Alan L. Burd is represented therein by the undersigned counsel. 4. No Judges have previously been involved in this matter. 5. The undersigned hereby respectfully requests that your Honorable Court schedule a Conciliation Conference herein, to be attended by Defendants and their counsel and Plaintiff and its counsel. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: August 08 , 2014 LAW OFFICES MARLIN R. McCALEB -2- Alan L. Burd, Defendant Marlin R. McCaleb Attorney I.D. No. 06353 219 East Main Street P.O. Box 230 Mechanicsburg, PA 17055 (717) 691-7770 FAX: (717) 691-7772 Attorney for Defendant PHH MORTGAGE CORPORATION, Plaintiff vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION — LAW : NO. 14-3816 CIVIL PENNY R. BURD f/k/a PENNY . COMERER and ALAN L. BURD, : Defendants : MORTGAGE FORECLOSURE ORDER AND NOW, this 2 S" day of September, 2014, at the request of counsel for the parties, the conciliation conference set for September 26, 2014, is continued to Friday, October 24, 2014, at 2:30 p.m. in Chambers of the undersigned. BY THE COURT, Joseph Schalk, Esquire 126 Locust Street Harrisburg, PA 17101 For the Plaintiff Marlin McCaleb, Esquire P. O. Box 230 Mechanicsburg, PA 17055 For the Defendants :rim 6910:es ,naded 9AVIV -o : PHH MORTGAGE IN THE COURT OF COMMON PLEAS OF CORPORATION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION—LAW VS. NO. 14-3816 CIVIL PENNY R. BURR f/k/a PENNY COMERER and ALAN L. BURD, Defendants MORTGAGE FORECLOSURE ORDER AND NOW, this 2 d day of October, 2014, after conciliation conference,this matter is continued for a period of ninety (90) days. If, after ninety(90) days,there is no resolution to this matter, the matter will be removed from the Cumberland County Mortgage Foreclosure Diversion Program upon written request of counsel for the plaintiff. BY THE COURT, .�I Kevi . Hess, P.J. ✓Joseph Schalk, Esquire 126 Locust Street Harrisburg, PA 17101 For the Plaintiff arlin McCaleb, Esquire P. O. Box 230 s �_ Mechanicsburg, PA 17055 MMC) , For the Defendants zC-)-' Y;r -G> .r CD Am C:1