HomeMy WebLinkAbout14-6579 Supreme Court of Pennsylvania
Courtdcommofi Pleas For Prothonotary Use Only:
AK i I i c,'by e I-r; e e t
County Docket No:
The information collected on this forin is used solely for court administration purposes. This form does not
supplement or replace thefiling and service ofpleadings or other papers as required by lain or rules of court.
Commencement of Action:
S 0 Complaint 171 Writ of Summons 0 Petition
E 0 Transfer from Another Jurisdiction 0 Declaration of Taking
C Lead Plaintiffs Name: CITIFINANCIAL SERVICING Lead Defendant's Name: LARRY W. KENDALL
T LLC
I Are money damages requested? El Yes ZX No Dollar Amount Requested: ❑within arbitration limits
0 (Check one) outside arbitration limits
N Is this a Class Action Suit? 0 Yes ZX No Is this an MDJ Appeal? El Yes Z No
A Name of Plaintiff/Appellant's Attorney: Kenya Bates,Esq.,Id.No.203664,Phelan Hallinan,LLP
D 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
0 Intentional 0 Buyer Plaintiff Administrative Agencies
0 Malicious Prosecution 171 Debt Collection: Credit Card 0 Board of Assessment
0 Motor Vehicle 0 Debt Collection: Other El Board of Elections
0 Nuisance 0 Dept. of Transportation
0 Premises Liability 0 Statutory Appeal:Other
0 Product Liability(does not
S include mass tort) 0 Employment Dispute:
0 Slander/Libel/Defamation Discrimination
E 0 Other: 0 Employment Dispute:Other 0 Zoning Board
C 0 Other:
T
I MASS TORT n Other:
0 0 Asbestos
N 0 Tobacco
0 Toxic Tort-DES
•Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
• Toxic Waste 0 Ejectment 0 Common Law/Statutory Arbitratioj
B 0 Other: 0 Eminent Domain/Condemnation 0 Declaratory Judgment
0 Ground Rent 0 Mandamus
0 Landlord/Tenant Dispute 0 Non-Domestic Relations
0 Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABILITY 171 Mortgage Foreclosure: Commercial 0 Quo Warranto
•Dental 0 Partition 0 Replevin
•Legal 0 Quiet Title 0 Other:
• Medical 0 Other:
0 Other Professional:
Pa.R.C.P. 205.5 Updated 0110112t
,i 2:
PHELAN HALLINAN,LLP
Kenya Bates,Esq.,Id.No.203664
1617 JFK Boulevard,Suite 1400 ATTORNEY FOR PLAINTIFF
One Penn Center Plaza
Philadelphia,PA 19103
kenya.bates@phelanhallinan.com
215-563-7000
CITIFINANCIAL SERVICING LLC COURT OF COMMON PLEAS
6400 LAS COLINAS BLVD.
IRVING,TX 75039 CIVIL DIVISION
Plaintiff
TERM
LARRY W. KENDALL NO. I
125 EAST MAIN STREET
WALNUT BOTTOM,PA 17266-9712 CUMBERLAND COUNTY
THE UNITED STATES OF AMERICA C/O THE
UNITED STATES ATTORNEY FOR THE MIDDLE
DISTRICT OF PA
228 WALNUT STREET,PO BOX 11754
HARRISBURG,PA 17108-1754
Defendants
CIVIL ACTION -LAW
COMPLAINT IN MORTGAGE FORECLOSURE
C�A
File#: 949744
\� 3� 333b
1. Plaintiff is
CITIFINANCIAL SERVICING LLC
6400 LAS COLINAS BLVD.
IRVING,TX 75039
2. The name(s) and last known address(es) of the Defendant(s) are:
LARRY W. KENDALL
125 EAST MAIN STREET
WALNUT BOTTOM,PA 17266-9712
THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR
THE MIDDLE DISTRICT OF PA
228 WALNUT STREET,PO BOX 11754
HARRISBURG,PA 17108-1754
who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 06/29/2007 LARRY W. KENDALL made, executed and delivered a mortgage upon
the premises hereinafter described to CITIFINANCIAL SERVICES INC. , which
mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County,
in Mortgage Book 1998,Page 2198. By Assignment of Mortgage recorded 09/15/2014
the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment
of Mortgage Instrument No. 201420744.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 10/08/2013 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#: 949744
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 11/09/2014:
Principal Balance $80,680.03$4,642.80
Interest
09/15/2013 through 11/09/2014 $0.00
Late Charges $20.00
Non Sufficient Funds Charge 16,p33_29
Taxes $101,376.12
TOTAL
7. Plaintiff is not seeking a judgment of personal liability(or an in persa 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. The United States of America is made a Defendant herein pursuant to 28 U.S.C. 2410,
because of federal tax liens that have been filed with the Prothonotary of
File#: 949744
CUMBERLAND County in the Judgment Index Unit as follows:
(A). United States vs. LARRY W. KENDALL; CUMBERLAND County Docket No.
13-3063FTL; Filed 05/30/2013; in the amount of$19,772.13
WHEREFORE,Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$101,376.12,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:
Kenya Bae ,Esq.,Id. No.203664
Attorney for Plaintiff
File#: 949744
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land together with the improvements thereon erected situate in
the Village of Walnut Bottom, in the Township of South Newton, County of Cumberland and
Commonwealth of Pennsylvania, bounded and described as follows to wit:
BEGINNING at a point in the center of Pennsylvania State Highway Route 33 known as the
Walnut Bottom Road at corner of land formerly sold to Harold L. Bowers et ux, said point being
fifty-nine (59) feet West of a common corner formerly of Cliff Waddell and Harold L. Bowers;
thence by land now or formerly of Harold L. Bowers, South forty-one and one-half(41 1/2)
degrees East, two hundred seventy-two (272) feet to corner of land now or formerly of Preston
Baker; thence by land now or formerly of Preston Baker, South thirteen and three-fourths (13
3/4)degrees East, one hundred fourteen(114) feet to a point at corner of land now or formerly of
Herman Gruver(formerly part of this same tract); thence by land now or formerly of Herman
Gruver, North forty-one and one-half(41 1/2) degrees West, three hundred sixty-six (366) feet to
a point in the center of the aforesaid public road; thence by the center of the aforesaid public
road, North forty-six and three-fourths (46 3/4) degrees East, fifty-four(54) feet seven(7) inches
to the place of Beginning.
The western line lies along the East side of the driveway located on the Herman Gruver tract and
extending along the Western edge of a sidewalk on the tract herein conveyed. The eastern line
lies East of a driveway located on the tract herein conveyed and along the western edge of a
sidewalk situated on the road lying immediately to the East of the land herein conveyed but
formerly owned by Harold L. Bowers, et ux.
File#: 949744
BEING the same which Mark E. Cockley and Chloe B. Cockley, his wife,by Deed dated
September 24, 1958, and recorded in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania, in Deed Book 'S'Volume 18,Page 219, conveyed to Kenneth C. Jumper,
now deceased.
PROPERTY ADDRESS: 125 EAST MAIN STREET,WALNUT BOTTOM,PA 17266-
9712
PARCEL#41-31-2230-067.
File#: 949744
VERIFICATION
Don W. Semon,hereby states that he is employed as Vice President- Document Control
of CitiMortgage, Inc. Pursuant to an agreement, CitiMortgage, Inc. provides certain loan
servicing activities to CITIFINANCIAL SERVICING LLC., the servicer of this loan.
CITIMORTGAGE, INC. is authorized to act on behalf of the mortgagee CITIFINANCIAL
SERVICING LLC. I am authorized to execute this Verification on behalf of CITIFINANCIAL
SERVICING LLC. pursuant to the corporate resolutions of CITIFINANCIAL SERVICING LLC.
CITIMORTGAGE, INC., on behalf of Plaintiff in this matter is authorized to make this
Verification. The statements of fact contained in the foregoing Civil Action in Mortgage
Foreclosure are true and correct to the best of my information and belief.
I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904
relating to unsworn falsification to authorities.
Printed name: Don W. Semon
Date:
File#: 949744
Name: KENDALL
Attorney File No.: 949744
IN THE COURT OF COMMON
CITIFINANCIAL SERVICING LLC PLEAS
Plaintiff(s) OF CUMBERLAND COUNTY,
PENNSTL VANIA
vs.
LARRY W. KENDALL
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 an attorney,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 not 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 the 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 attempt to work out a 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 the 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
our 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: -; ,,� r_,+
Date Signature of Counsel for Plaintiff-<
.Q
y we ru c�
—, c.n '�
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Please 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:
CUSTOM ER/11111 M A 11V APPLICANT
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?
Mailing Address:
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
FINANCIAL INFOIIMATION
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:
r
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.
2.
3.
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/Tuit. I 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 you know, regarding your lender or lender's
loan servicing company:
Lender's Contact (Name): Phone:
Servicing Company (Name):
Contact: Phone:
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
Co-Borrower Signature Date
Please forward this page along with the following information to lender:
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)
v
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
32 SOUTH BEDFORD STREET
CARLISLE,PA 17013
(717)249-3166
(800)990-9108
File#: 949744
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson r itE U-UF F ICE
Sheriff r THE PROO/40 TAR':
':
o
r at citiori{rf�d
Jody S Smith 2U 14 NOV 26 MF3 M I ` 2 2
Chief Deputy
Richard W Stewart
Solicitor
OFFICE OF THE SHERIFF
CUNBERLAN D COUNTY
PENNSYLVANIA
Citifinancial Servicing LLC
vs.
Larry W Kendal)
Case Number
2014-6579
SHERIFF'S RETURN OF SERVICE
11/18/2014 07:42 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by
"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Larry
W Kendall at 125 East Main Street, South Newton, Walnut Bottom, PA 172
UTSHALL, DEPUTY
SHERIFF COST: $43.82 SO ANSWERS,
November 19, 2014 RONR ANDERSON, SHERIFF
(c) CountySuite Shentf, Teleosoft. Inc.
125 EAST MAIN STREET, SOUTH NEWTON, WALNUT BO EXP: 12/12/2014
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
OFFICE OF THE SHERIFF
Richard W Stewart
Solicitor
Citifinancial Servicing LLC
vs.
Kendall, Larry W
Case Number
2014-6579
[Service Details:
Category:
Manner:
Notes:
(-Serve To:
Name:
SERVICE COVER SHEET
Civil Action - Notice of Residential Mortgage Foreclosure Diversion Progr Zone:
Adult in Charge
Expires: 12/12/2014 Warrant:
Mortgaged property is 125 E. Main Street, if def. doesn't live here serve Occupant and then def. where ever hE
may reside.
Primary
Address:
Phone:
Alternate
Address:
Phone:
Alternate
Address:
Phone:
Larry W Kendall
125 East Main Street
South Newton
Walnut Bottom, PA 17226
DOB:
[Attorney / Originator:
Mobile:
Notes:
Notes:
Notes:
1
o, Name: Joseph Schalk
v [Service Attempts:
Date:
Time:
Mileage:
Deputy:
Phone:
>- Notes / Special Instructions:
J
J
J
z
w
3
J
>m(°(ci c:ountySuite Sheri(! Te:riiusofl. Ot::
1
AFFIDAVIT OF SERVICE
Please effectuate at least three Service attempts by 12/25/2014
PLAINTIFF CUMBERLAND COUNTY
CITIFINANCIAL SERVICING LLC DOCKET NO.: 14-6579
DEFENDANT PH # 949744
LARRY W. KENDALL SERVICE TEAM
THE UNITED STATES OF AMERICA C/O THE UNITED STATES
ATTORNEY FOR THE MIDDLE DISTRICT OF PA
SERVE THE UNITED STATES OF AMERICA C/O THE UNITED
STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA AT:
MAIN JUSTICE BUILDING
950 PENNSYLVANIA AVENUE, N.W.
WASHINGTON, DC 20530
SERVED
Served and made known to THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR
THE MIDDLE DISTRICT OF PA, Defendant on the 11 day of b C.etcr '20 14, at
10.30 , o'clock P1. M., atR�b PtnnSy kla t t Pn/e-/NW , in the manner described below:
Defendant personally served.
Adult family member with whom Defendant(s) reside(s).
Relationship is
_ Adult in charge of Defendant's residence who refused to give name or relationship.
_ Manager/Clerk of place of lodging in which Defendant(s) reside(s).
(Agent or person in charge of Defendant's office or usual place of business. 54ePFoc\ t GA.erk
an officer of said Defendant's company.
Other:
Description: Age a 5 Height S' Weight 110 Race b1aCk Sex M°19- Other •
I, CGvOii(Q Mt( YA , a competent adult, being duly sworn according to law, depose and state that I personally
handed a true and correct copy of the Foreclosure Complaint in the manner as set forth herein, issued in the captioned
case on the date and at the address indicated above.
TYPE OF ACTION
XX Mortgage Foreclosure
XX Civil Action
Sworn to and subscribed
before me this I I day
of I etre-Io ( , 2011.
Notary: By:
On the day of , 20_, at
Defendant NOT FOUND because:
_ Vacant Does Not Exist _ Moved
DORA MELISSA MENJIVAR
NOTARY PUBLIC
REG. #7596614
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES JANUARY 31, 2018 i
NOT SERVED
o'clock _. M., I,
_ No Answer on
Service Refused
Other:
Sworn to and subscribed
before me this day
of , 20 . By:
Notary:
at
, a competent adult hereby state that
_ Does Not Reside (Not Vacant)
at
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
CITIFINANC1AL SERVICING LLC
Plaintiff
VS.
LU
DEC ?9 15:6
CU'BELAtJ COUNIY
PENNSY LV!O
COURT OF COMMON PLEAS
: CIVIL DIVISION
CUMBERLAND COUNTY
LARRY W. KENDALL : No. 14-6579
THE UNITED STATES OF AMERICA C/O :
THE UNITED STATES ATTORNEY FOR :
THE MIDDLE DISTRICT OF PA
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:
/sdk, Svc Dept.
File# 949744
PHELAN HALLINAN, LLP
Jona
At
Lobb, Esq., Id. No.312174
ey for Plaintiff
67
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