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Home My WebLink About14-5391 .Supreme Court-of.Pennsylvania F w, Cour f Common Pleas For Prothonotary Use Only: C�vii1�'K,�b-+�e`i bheet I,.r CUMBERL-AIVD i County Docket No: The information collected on this form is used solely for court administration purposes. This form does not supplement or replace thefiling and service of.7leadin s or other papers as required by law or rules of court. S Commencement of Action: D Complaint ❑Writ of Summons ❑Petition E ❑Transfer from Another Jurisdiction ❑Declaration of Taking C Lead Plaintiff's Name: PHH MORTGAGE Lead Defendant's Name: JAMES ENOCH KNOX,JR T CORPORATION I 1 Are money damages requested. El Yes Z No Dollar Amount Requested: ❑within arbitration limits O (Check one) 9 outside arbitration limits N Is this a Class Action Suit? ❑Yes ❑x No Is this an MDJ Appeal? ❑Yes 9 No A Name of Plaintiff/Appellant's Attorney: Michael Dingerdissen,Esq.,Id.No.317124,Phelan Hallinan,LLP ❑ Check here if you have no attorney (fire a Self-Represented [Pro Sel Litigant) Nature of the Place an"X"to the left of the ONE case category that most accurately describes your Case: PRIMARY CASE.If you are snaking 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 0 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 V F ILED-6 F F f C LF J f-HE EROTHONO Ohl:'; 20A SEP I i A i► 10: J CUMEERLA,NDCOUNTY PENINSYLVt NIA 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 OIL) I JAMES ENOCH KNOX,JR NO. 22 YORK CIRCLE MECHANICSBURG,PA 17050-2751 CUMBERLAND COUNTY Defendant CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE S File#: 947576 115 rx Pd 2-4 '�J oq, i 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: JAMES ENOCH KNOX,JR 22 YORK CIRCLE MECHANICSBURG,PA 17050-2751 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/30/2006 JAMES ENOCH KNOX,JR 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 1974,Page 3835. By Assignment of Mortgage recorded 01/31/2007 the mortgage was assigned to PLAINTIFF,which Assignment is recorded in Assignment of Mortgage Book 0734,Page 0105. Said Mortgage was modified as set forth in a modification agreement recorded August 27, 2012, in Instrument No. 201226081. 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 11/01/2013 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#: 947576 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 05/15/2014: Principal Balance $195,426.28 Interest $4,859.77 10/01/2013 through 05/15/2014 Late Charges $245.40 Escrow Deficit $1,156.95 TOTAL $201,688.40 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. File#: 947576 P WHEREFORE,Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $201,688.40, 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, -LP By: Michael Dingerdissen, Esq., Id. No.317124 Attorney for Plaintiff File#: 947576 LEGAL DESCRIPTION ALL that certain tract or parcel of real estate situate in Silver Spring Township, Cumberland County, Commonwealth of Pennsylvania,more particularly bounded and described as follows: BEGINNING at a point on the Eastern legal right of way line of York Circle at the corner of Lot No. 2 on the hereinafter described subdivision plan; thence along said legal right of way line, South 55 degrees 00 minutes 00 seconds East, a distance of 75 feet to a point; thence North 35 degrees 45 minutes 00 seconds East, a distance of 175 feet to a point at the corner of Lot No. 10 on the hereinafter described subdivision plan; thence along the Western line of said Lot No. 10, North 55 degrees 00 minutes 00 seconds West, a distance of 75 feet to a point at the corner of Lot No. 2 on the hereinafter described subdivision plan; thence along line of Lot No. 2, South 35 degrees 45 minutes 00 seconds West, 175 feet to a point on the Eastern legal right of way line of York Circle, the point and place of beginning. CONTAINING 13,123.71 square feet. BEING Lot No. 1,Final Major Subdivision Plan of Brandywine Village 'Extended', dated July 31, 1986,recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book 51,Page 97. PROPERTY ADDRESS: 22 YORK CIRCLE, MECHANICSBURG, PA 17050-2751 PARCEL#38-21-0289-030A File#: 947576 VERIFICATION Michael Bitterman ,hereby states that he/she is Assistant Vice President 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: Name: Michael Bitterman Title: Assistant Vice President~ PHH MORTGAGE CORPORATION File#: 947576 Name: KNOX File#: 947576 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#: 947576 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY �,�r �tl b;.0 u�µr tiit�tt' u1 t1lowher4 Ltt OCTY CUMBERLAND COUNTYr 'THE , �HERF�F PENNSYLVANIA OFFtCC PHH Mortgage Corporation vs. James Enoch Knox, Jr. Case Number 2014-5391 SHERIFF'S RETURN OF SERVICE 09/19/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: James Enoch Knox, Jr., 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 22 York Circle, Silver Spring Township, Mechanicsburg, PA 17050. Deputies were advised by a neighbor that residence is vacant and per the Mechanicsburg Postmaster the defendant moved and left no forwarding address. SHERIFF COST: $39.30 SO ANSWERS, October 09, 2014 RONN (R ANDERSON, SHERIFF (s) CountySuite Sheriff, Te!eosoft, Inc. 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. : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY JAMES ENOCH KNOX, JR : No. 14-5391 CIVIL Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. By: Date: /Dbit hY /alg, Svc Dept. File# 947576 PHELAN HALLINAN, LLP Jonath / •bb, Esq., Id. No.312174 Attorney for Plaintiff Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY '- IE p1 OTHONU ii+r NOV 20 PH 3:16 CUMBERLAND COUNTY PENNSYLVANIA OFFIC F THE ;H,RIFF PHH Mortgage Corporation vs. James Enoch Knox, Jr. Case Number 2014-5391 SHERIFF'S RETURN OF SERVICE 11/03/2014 07:24 PM - Deputy Noah Cline, 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: James Enoch Knox, Jr. at 310 S. Enola Drive, Apt. A, East Pennsboro, Enola, PA 17025. NOAH CLINE, DEPUTY SHERIFF COST: $44.95 SO ANSWERS, November 05, 2014 RONNR ANDERSON, SHERIFF (c) CountySuito Sheriff,'releosoft, Inc.