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HomeMy WebLinkAbout14-5769 Supreme Court of Pennsylvania Court of Common Pleas For ProthonoraryUse On&. � Civil Cover SheetDocket No: Cumberland County 1y s��q The information collected on this form is used solely for court administration purposes. This form does not sup olement or replace thefiling and service ofpleadiW or other a Lers as required by law or rules of court. S Commencement of Action: E x Complaint ❑ Writ of Summons ❑Petition C ❑ Transfer from Another Jurisdiction ❑ Declaration of Takia Lead Plaintiffs Name:FEDERAL NATIONAL Lead Defendant's Name:JOHN D.MITCHELL T MORTGAGE ASSOCIATION("FANNIE MAE") I O N Are money damages requested? : ❑Yes X No Dollar Amount Requested: within arbitration limits A Check one outside arbitration limits Is this a Class Action Suit? ❑❑ Yes 0 No Is this an MDJA eal? ❑ Yes ❑X No Name of Plaintiff/Appellant's Attorney: Martha Von Rosenstiel,Esa. ❑ Check here if yoti are a Self-Represented Pro Se Litigant \mute of the Case: Place an"X" to the left of the ONE case category that most accurately describes your PRI,VARYCASE. If you are making more than one type of claim.check the one that you consider most important. TORT(do no,Include?.lass Tort) CONTRACT(do not tnctude.iudgments) CIVIL APPEALS 0 Intentional ❑Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution ❑Debt Collection:Credit Card 0 Board of Assessment [3 Motor Vehicle Q Debt Collection:Other E] Board of Elections Nuisance © Dept.of Transportation Premises Liability Q Statutory Appeal:Other S Product Liability{does nor inclrtde ©Employment Dispnte: ass torr} E m rl Slander/Libel!Defamation Employment D Other: �Employment Disptue:Other © Zoning Board � Other: .r I ❑Other: O IIASS TORT El Asbestos N Q Tobacco Q Toxic Tort-DES Toxic Tort-InnpIaur REAL PROPERTY MISCELLANEOUS Q Toxic Waste © Other: [3 Ejectment ©C.onumon Lazo/Statutory Arbitration B []Errrinerrt.Domain/Condeimtation Declaratory Judgment i]Ground Rent Mandamus ❑LandlordiTenant.Dispute B Non-Domestic Relations xQ Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY Q Mortgage Foreclosure:Conunercial El Quo warranwo Dental 0 Partition 0 Replevin Q Legnl [3 Quiet Title 0 Other: Q Medical ©Other: Q Other Professional: Updared 1/1/-,-011 1"]LED-OFF�CL `'r TH PROT1(ONOT�;r, MARTHA E. VON ROSENSTIEL, P.C. 35345CFC-AB Martha E. Von Rosenstiel, Esquire/No. 52634 2014 OCT -2 4110: 59 Heather Riloff, Esquire/No. 309906 CUMBERLANDCOUNTY 649 South Avenue, Suite 7 P ►�NS YLy � Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff FEDERAL NATIONAL MORTGAGE COURT OF COMMON PLEAS OF ASSOCIATION ("FANNIE MAE") CUMBERLAND COUNTY 3900 Wisconsin Avenue, NW Washington, DC 20016-2892 Plaintiff (,�✓S �� y�. V. NO. JOHN D. MITCHELL 655 Bloserville Road Newville, PA 17241 Defendant CIVIL ACTION-MORTGAGE FORECLOSURE NOTICE ADVISO You have been sued in court. If you wish to defend against the claims Le han demandado a usted en la cone. Si usted quiere defenderse de set forth in the following pages,you must take action within twenty estas demandas expuestas en las paginas siguientes,usted tiene (20)days after this complaint and notice are served,by entering a veinte(20)dias de plazo al partir de]a fecha de la demanda y la written appearance personally or by attorney and filing in writing with notificacion. Hace falta a sentar una comparencia escrita o en the court your defenses or objections to the claims set forth against you. persona o con un abogado y entregar a la torte en fonna escrita sus You are warned that if you fail to do so the case may proceed without defensas o sus objeciones a las demandas en contra de su persona. you and a judgment may be entered against you by the court without Sea a visado que si usted no se defiende,la corte toma ra medidas y further notice for any money claimed in the complaint or for any other puede continuar la demanda en contra suya sin previo aviso o claim or relief requested by the plaintiff. You may lose money or notificacion. Ademas,la corte puede decidir a favor del demandante property or other rights important to you y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades o otros de rechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT LLEVE ESTA DEMANDA A UN ABOGADO ONCE. 1F YOU DO NOT HAVE A LAWYER GO TO OR INMEDIATAMENTE. SI NO TIENE ABOGADO VAYA EN TELEPHONE THE OFFICE SET FORTH BELOW.THIS PERSONA O TELEFONA A LA OFICINA ESCRITA ABAJO. OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT ESTA OFICINA LE PUEDE PROVEER INFORMACION HIRING A LAWYER.IF YOU CANNOT AFFORD TO HIRE A SOBRE COMO CONTRATAR A UN ABOGADO. SI USTED LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU NO TIENE EL DINERO SUFICIENTE PARA CONTRATAR A WITH INFORMATION ABOUT AGENCIES THAT MAY UN ABOGADO,LE PODEMOS DAR INFORMACION OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A SOBRE AGENCIAS QUE PROVEEN SERVICIO LEGAL A REDUCED FEE OR NO FEE PERSONAS ELEGIBLE PARA SERVICIOS A COSTO REDUCIDO O GRATUITO CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (� j 717-249-3166 800-990-9108 �'�S QST �►t/- �4 MARTHA E. VON ROSENSTIEL, P.C. 35345CFC-AB Martha E. Von Rosenstiel, Esquire/No. 52634 Heather Riloff, Esquire/No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff FEDERAL NATIONAL MORTGAGE COURT OF COMMON PLEAS OF ASSOCIATION ("FANNIE MAE") CUMBERLAND COUNTY 3900 Wisconsin Avenue, NW Washington, DC 20016-2892 Plaintiff V. NO. JOHN D. MITCHELL 655 Bloserville Road Newville, PA 17241 Defendant CIVIL ACTION-MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 1. Plaintiff is Federal National Mortgage Association ("Fannie Mae"), a corporation organized and existing under the laws of the United States of America, with offices for the conduct of business at 3900 Wisconsin Avenue, NW, Washington, DC 20016-2892. 2. Defendant, John D. Mitchell is the mortgagor and real owner of premises 655 Bloserville Road, Newville, PA 17241, hereinafter described, whose last known address is listed in the caption. 3. Plaintiff brings this action in mortgage foreclosure against defendant, mortgagor, and real owner, to foreclose a certain indenture of mortgage made, executed and delivered by the above named defendant, mortgagor, and real owner to Mortgage Electronic Registration Systems, Inc. as nominee for American Home Bank, N.A. on November 30, 2007, which mortgage was recorded on December 6, 2007 in the Office of the Recorder of Deeds of Cumberland County as Mortgage Instrument No. 200745493, secured on premises 655 Bloserville Road, Newville, PA 17241 a true and correct description of which is attached hereto as Exhibit 1. 4. The mortgage was then assigned to Bank of America,N.A., sbmt BAC Home Loans Servicing, LP, fka Countrywide Home Loans Servicing, LP by written assignment dated May 28, 2012 and recorded on June 11, 2012 in the Office of the Recorder of Deeds of Cumberland County as Mortgage Instrument No. 201217287. 5. The mortgage has since been assigned to Federal National Mortgage Association by written assignment dated December 4, 2012 and recorded on December 27, 2012 in the Office of the Recorder of Deeds of Cumberland County as Mortgage Instrument No. 201240157. 6. Plaintiff alleges each and every term, condition and covenant in the aforesaid mortgage, and hereby incorporates them herein by reference thereto. 7. The aforesaid mortgage is in.default in that monthly installments of principal and interest have not been made in conformity with the terms of the mortgage, from March 2014 and each month thereafter,up to and including the present time. 8. Under the terms of the aforesaid mortgage, upon default of payments set forth in the . r mortgage documents, the entire principal balance and all interest due thereon are collectible forthwith. 9. The following is an itemized-statement of the amount due plaintiff under the terms of the aforesaid mortgage: Principal Balance $ 130,518.20 Interest from 2/1/2014 to 9/15/2014 at $24.58 per diem $ 5,555.96 Accrued late charges $ 265.63 Accrued Escrow deficit $ 1,377.45 Attorney's Fee $ 2,350.00 Returned Check Charges $ 25.00 Property Inspections $ 165.00 Total $ 140,257.24 10. Plaintiff sent to obligated defendant, mortgagor and real owner a combined Notice and Warning of Intention to Foreclose and Notices of Homeowners' Emergency Mortgage Assistance Act of 1983 advising of rights available under the statutes. To date payments have not been received and Act 91 as amended by Act 160 of 1998 assistance has not been granted, although the applicable time periods provided by statute have expired (Exhibit 11). WHEREFORE, plaintiff demands judgment for foreclosure and sale of the mortgaged premises in the amount of$140,257.240,plus per diem interest at $24.58 from September 16, 2014 to the date of judgment plus costs thereon. MARTHA E. VON ROSENSTIEL, P.C. BY: Martha E. Von Ro LAI squire Heather Riloff, Esquire Attorneys for Plaintiff VERIFICATION WE=Randolph hereby states that he/she is the ForgCloSure`Specialist of Seterus, Inc., as authorized subservicer for Federal National Mortgage Association ("Fannie Mae"), a corporation organized and existing under the laws of the United States of America,plaintiff herein; that he/she is duly authorized to make this Verification on behalf of Federal National Mortgage Association("Fannie Mae") and verifies that the statements made in the foregoing Complaint in Federal National Mortgage Association ("Fannie Mae") v. John D. Mitchell relating to the property located at 655 Bloserville Road, Newville, PA 17241 are true and correct to the best of his/her information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. 9fz�A BY: Title: Randolp 0 C o uxe'S eciatist. Seterus, Inc., as authorized subservicer for Federal National Mortgage Association ("Fannie Mae"), a corporation organized and existing under the laws of the United States of America Dated: EXHIBIT I LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Upper Frankford Township, Cumberland County, Pennsylvania, bounded and described according to the final minor Subdivision Plan for Meda E. Farlling prepared by Stephen G. Fisher, P.L.S., dated February 23, 1989 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 58, Page 37, as follows, to wit: BEGINNING at a point on the center line of S.R. 4021, formerly L.R. 5749, at the corner of lands of Meda E. Farlling; thence along said land now or late of Meda E. Farlling and passing through an iron pin set 30.00 feet from the center line of said S.R. 4021, South 85 degrees 33 minutes 08 seconds East, 357.00 feet to an iron pin set; thence along same, South 04 degrees 26 minutes 52 seconds West, 150.00 feet to an iron pin set; thence along same and passing through an iron pin set 30.00 feet from the center line of said S.R. 4021,North 85 degrees 33 minutes 08 seconds West, 357.00 feet to a point on the center line of said S. R. 4021;thence along the center line of said S. R. 4021,North 04 degrees 26 minutes 52 seconds East 150.00 feet to a point,the place of BEGINNING. BEING Lot No. 3 of the above-mentioned Plan and containing 1.126 acres net area. PARCEL IDENTIFICATION NO: .43-12-2922-027., CONTROL#: 43000852 EXHIBIT II seterusT. Physical Address 14523 SW Millikan Way;Suite 200;Beaverton,OR 97005 Business Hours(Pacific Time) Monday-Thursday 5 a.m.to 8 p.m. Friday 5 a.m.to 6 p.m. Payments May 1, 2014 PO Box 11790;Newark,NJ 07101-4790 Correspondence VIA CERTIFIED AND FIRST CLASS MAIL PO Box 2008;Grand Rapids,MI 49501-2008 Phone 866.570.5277 Ll 78R Fax MITCHELL,JOHN D 866.578.5277 655 BLOSERVILLE RD Website NEWVILLE,PA 17241 www.seterus.com Loan number: 11SM, serviced by Seterus,Inc. Please read the following important notice about your loan. Sincerely, Seterus, Inc. Enclosures: Act 91 Notice,PHFA list of HEMAP-approved agencies,How to Avoid Foreclosure THIS COMMUNICATION IS FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. WE ARE ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. HOWEVER,IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT,THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT,BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO:FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE WWW.COLORADOATTORNEYGENERAL.GOV/CA. Seterus,Inc.maintains a local office at 355 Union Boulevard,Suite 250,Lakewood,CO 80228.The office's phone number is 888.738.5576. NEW YORK CITY: 1411669, 1411665, 1411662. TENNESSEE: This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance.Seterus,Inc.is licensed to do business at 14523 SW Millikan Way,Beaverton,OR. Page 1. of 6 Date: May 1, 2014 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and that the lender/servicer intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 800.342.2397. (Persons with impaired hearing can call 717.780.1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA,PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA(PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA.PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Page'-' of 6 HOMEOWNER'S NAME(S): MITCHELL,JOHN D PROPERTY ADDRESS: 655 BLOSERVILLE RD NEWVILLE,PA 17241-8710 LOAN ACCT.NO.: qm� ORIGINAL LENDER: AMERICAN HOME BANK,N.A. CURRENT LENDER/SERVICER: Seterus,Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE, WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983(THE "ACT"),YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Act,you are entitled to a temporary stay of foreclosure on your mortgage for thirty(30)days from the time of this Notice(plus three(3)days for mailing). During that time you must arrange and attend a "face-to-face"meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE(33)DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES--If you meet with one of the consumer credit counseling agencies listed at the end of this Notice,the lender/servicer may NOT take action against you for thirty(30)days after the date of this meeting. The names, addresses, and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender/servicer immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE --Your mortgage is in default for the reasons set forth later in this Notice(see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so,you must fill out, sign, and file a completed Homeowner's Emergency Mortgage Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender/servicer from filing a foreclosure action,your application MUST be forwarded to PHFA and received within thirty(30)days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING,THEN THE LENDER/SERVICER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY,AS EXPLAINED ABOVE,IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE." Page 3 of 6 YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER/SERVICER FROM STARTING A FORECLOSURE ACTION,BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE,THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty(60) days to make a decision after it receives your application. During that time,no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY,THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy,you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up-to-date), NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender/servicer on your property located at: 655 BLOSERVILLE RD NEWVILLE,PA 17241-8710 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE REGULAR MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Payments: March 1,2014 in the amount of$1,179.34 April 1, 2014 through May 1, 2014 in the amount of$1,196.84 each Total: $3,573.02 Past Due Installments: $3,573.02 Other Open Charges: Prior Servicer Charges Seterus,Inc. Charges Late Charges 0.00 218.86 218.86 Property Inspections 0.00 90.00 90.00 Returned Check Charges 0.00 25.00 25.00 Total Past Due Installments&Charges $3,906.88 Less Suspense(Balance) 0.00 TOTAL AMOUNT PAST DUE $3,906.88 Page 4 of 6 HOW TO CURE THE DEFAULT--You may cure the default within THIRTY(30)DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER/SERVICER, WHICH IS $3,906.88,PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES,WHICH BECOME DUE DURING THE THIRTY(30)DAY PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable and sent to: Seterus,Inc. PO Box 11790 Newark,NJ 07101-4790 IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY(30)DAYS of the date of this Notice,the lender/servicer intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in regularly scheduled installments. If full payment of the total amount past due is not made within THIRTY (30)DAYS,the lender/servicer also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender/servicer refers your case to its attorneys, but you cure the delinquency before the lender/servicer begins legal proceedings against you,you will still be required to pay the reasonable attorney's fees that were actually incurred, up to$50.00. However, if legal proceedings are started against you,you will have to pay all reasonable attorney's fees actually incurred by the lender/servicer even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender/servicer,which may also include other reasonable costs. If you cure the default within the THIRTY(30)DAY period,you will not be required to pay attorney's fees. OTHER LENDER/SERVICER REMEDIES-- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO THE SHERIFF'S SALE-- If you have not cured the default within the THIRTY(30)DAY period and foreclosure proceedings have begun,you still have the right to cure the default and prevent the sale at an time ime up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due,plus any late or other charges then due,reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender/servicer and by performing ani other requirements under the mortage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately five(5) months from the date of this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course,the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender/servicer. Page 5 of 6 HOW TO CONTACT THE LENDER/SERVICER: Name of Lender/Servicer: Seterus,Inc. Address: PO Box 2008 Grand Rapids,MI 49501-2008 Phone Number: 866.570.5277 Fax Number: 877.649.0743 Contact Person(s): Shannon Stock or Nathan Wetzel E-Mail Address: ExternalCommunications@seterus.com EFFECT OF SHERIFF'S SALE--You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender/servicer at any time. ASSUMPTION OF MORTGAGE--You_may or X may not sell or transfer your home to a buyer or transferee who will asuume the mortgage debt,provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED,IF YOU CURE THE DEFAULT. • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER/SERVICER. • TO SEE PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Enclosed is a list of CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY. Pkge 6 of 6 THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15. U.S.C. §1692, et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY(30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU.SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. FORM 1 FEDERAL NATIONAL MORTGAGE IN THE COURT OF COMMON PLEAS OF ASSOCIATION ("FANNIE MAE") CUMBERLAND COUNTY, 3900 Wisconsin Avenue, NW PENNSYLVANIA Washington, DC 20016-2892 Plaintiff / / I '/ � �j o vs. NO. JOHN D. MITCHELL �p 655 Bloserville Road fl/jlj , o Newville, PA 17241 Defendant - �' o NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE -G c> DIVERSION PROGRAM P 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 the 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 file 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 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 WISH- TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE, Respectfully submitted: September 29, 2014 Date Signature of Counsel for PlAtiff 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 Please provide the following information to the best of your knowledge: CUSTOMERIPRIMARY APPLICATION 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 Mailin . • - Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? INFORMATIONFINANCIAL 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 and Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy?Yes❑ No❑ If yes,provide names,location of court,case number&attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ _ $ Other: $ $ Automobile#1: Model: Year: Amount owed: Value: Automobile#2: Model: Year: Amount owed: Value: Other transportation (automobiles,boats,motorcycles): Model: Year: Amount owed: Value: Monthly Income Name of Employers: 1. _ Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description(not wages): 1. Monthly Amount: 2. Monthly Amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2° Mortgage Utilities Car Payment(s) Condo/Neigh.Fees Auto Insurance Med.(not covered) Auto fuel/repairs Other Prop.Payment Install. Loan Payment Cable TV Child Support/Alim, Spending Money Day/Child Care/Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income and 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 Fj No 0 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? Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company(Name): Contact: Phone: AUTHORIZArION I/We, _ authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/we understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Date Borrower Signature Date Please forward this document along with the following information to lender and lender counsel: V Proof on income V Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of a current utility bill V Letter explaining reason for delinquency and any supporting documentation V (hardship letter) Listing agreement(if property is currently on the market) V Copy of 2 years of federal income tax returns V Copy of deed FORM 3 FEDERAL NATIONAL MORTGAGE IN THE COURT OF COMMON PLEAS OF ASSOCIATION ("FANNIE MAE") CUMBERLAND COUNTY, 3900 Wisconsin Avenue, NW PENNSYLVANIA Washington, DC 20016-2892 Plaintiff VS. NO. JOHN D. MITCHELL 655 Bloserville Road Newville, PA 17241 Defendant REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated , 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program: and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel/Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date FORM 4 FEDERAL NATIONAL MORTGAGE IN THE COURT OF COMMON PLEAS OF ASSOCIATION ("FANNIE MAE") CUMBERLAND COUNTY, 3900 Wisconsin Avenue, NW PENNSYLVANIA Washington, DC 20016-2892 Plaintiff vs. NO. JOHN D. MITCHELL' 655 Bloserville Road Newville, PA 17241 Defendant CASE MANAGEMENT ORDER AND NOW,this day of 20 ,the defendant/borrower in the above-captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has 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 at . M. in at the Cumberland County Courthouse, 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 and 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 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 with 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 defendant/borrower 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 resolution proposals with the 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 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. BY THE COURT, J. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY i `Li_J-'CiFF l cl PROThONTIA- 20 {'i NOV —5 P1i 3: 14 6Cfic, CUMPENNSYLVAN AN i Y Federal National Mortgage Association vs. John D Mitchell Case Number 2014-5769 SHERIFF'S RETURN OF SERVICE 10/06/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: John D Mitchell, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 655 Bloserville, Upper Frankford, Newville, PA 17241. Residence is vacant. 10/23/2014 10:27 AM - Deputy William Cline, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Forecl.sure by "personally" handing a true copy to a person representing themselves to be the efe• lant to wit John D Mitchell at 601 S. Spring Garden Street, Lot 60, South Middleton, Carlisle, P. 70 4: /./ WI / it ' E, DEPUTY SHERIFF COST: $48.34 SO ANSWERS, October 24, 2014 CountySuito Sheriff, Toleosoit Inc. RONNY R ANDERSON, SHERIFF MARTHA E. VON ROSENSTIEL, P.C. Heather Riloff, Esquire / I.D. No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff FEDERAL NATIONAL MORTGAGE ASSOCIATION ("FANNIE MAE") 3900 Wisconsin Avenue, NW Washington, DC 20016-2892 Plaintiff vs. JOHN D. MITCHELL 655 Bloserville Road Newville, PA 17241 Defendant : 19 : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : No. 14-5769 Civil PLAINTIFF'S MOTION TO REMOVE CASE FROM THE CUMBERLAND COUNTY RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM Plaintiff, Federal National Mortgage Association ("Fannie Mae") by and through its undersigned counsel, Martha E. Von Rosenstiel, P.C., Heather Riloff, Esquire, hereby respectfully requests that this Honorable Court enter an Order granting its Motion to Remove Case from the Cumberland County Residential Mortgage Foreclosure Diversion Program, and in support thereof, avers as follows: 1. This matter has been assigned to the Honorable Kevin A. Hess, P.J. for matters concerning the Residential Mortgage Conciliation Program. 2. This is a residential mortgage foreclosure action. 3. On or about October 23, 2014, service of the Mortgage Foreclosure Complaint was completed in this action and the 60 day stay of proceedings went into effect pursuant to the February 28, 2012 Administrative Order. 4. As of December 22, 2014, 60 days after service of the Complaint and Notice, Plaintiff had not received notice of a Conciliation Conference date, nor a Diversion Program Financial Worksheet 5. To date, Plaintiff, nor counsel have been contacted by a counseling agency on behalf of the Defendant. 6. Plaintiff respectfully requests that it be permitted to proceed with its foreclosure action. WHEREFORE, Plaintiff, Federal National Mortgage Association ("Fannie Mae"), respectfully requests this case be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program. MARTHA E. VON ROSENSTIEL, P.C. BY: Heather Riloff, Esqui PA Attorney ID No. 3 Attorney for Plaintiff 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Dated: January 2, 2015 MARTHA E. VON ROSENSTIEL, P.C. Heather Riloff, Esquire / I.D. No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff FEDERAL NATIONAL MORTGAGE ASSOCIATION ("FANNIE MAE") 3900 Wisconsin Avenue, NW Washington, DC 20016-2892 Plaintiff vs. JOHN D. MITCHELL 655 Bloserville Road Newville, PA 17241 Defendant : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : No. 14-5769 Civil CERTIFICATION OF SERVICE Heather Riloff, Esquire hereby certifies that she is the attorney for the Plaintiff herein, and that service of the Motion to Remove Case from the Cumberland County Residential Mortgage Foreclosure Diversion Program, and proposed order in the above matter was made upon the Defendant: JOHN D. MITCHELL 655 Bloserville Road Newville, PA 17241 And 601 S. Spring Garden Street Lot 60 Carlisle, PA 17015 by regular first class mail, postage prepaid, deposited with the United States Postal Service on January 2, 2015. This verification is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. BY: �d Heather Riloff, E Attorney for Plain Dated: January 2, 2015 VERIFICATION HEATHER RILOFF, ESQUIRE, hereby states that she is the Attorney for the Plaintiff in this action and that the statements made in the forgoing Motion to Remove Case from the Cumberland County Residential Mortgage Foreclosure Diversion Program, are true and correct to the best or her information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. MARTHA E. VON ROSENSTIEL, P.C. BY: Heather Riloff, Es Attorney for Plaintif Date: January 02, 2015 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA FEDERAL NATIONAL MORTGAGE ASSOCIATION ("FANNIE MAE") 3900 Wisconsin Avenue, NW Washington, DC 20016-2892 Plaintiff vs. JOHN D: MITCHELL 655 Bloserville Road Newville, PA 17241 Defendant : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : No. 14-5769 Civil ORDER OF COURT AND NOW, this 12 day of Sw...a..) , 2015, the Defendants having failed to comply with the requirements of the Cumberland County Administrative Order dated February 28, 2012, it is hereby ORDERED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program. The temporary stay on this matter is terminated. I Es, pat- LEck,____ 61_ ft. ILt�CT' p JoLik ///a/is BY THE COURT: