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HomeMy WebLinkAbout14-6805 1 � n Supreme Court of Pennsylvania Court of Common Pleas For Prothonotary Use Ont Civil Cover Sheet Docket No: Cumberland County 0ivil_(r✓tM The information collected on this form is used solely for court administration purposes. This form does not sup lement or re lace thefiling and service of leadin s or other a ers 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 Taking Lead Plaintiff's Name: FEDERAL NATIONAL Lead Defendant's Name: RICHARD E.MUSSELMAN AND T MORTGAGE ASSOCIATION("FANNIE MAE") UNITED STATES OF AMERICA I . 0 N Are money damages requested? : o Yes X No Dollar Amount Requested: within arbitration limits A Check one) outside arbitration limits Is this a Class Action Suit? D❑ Yes DX No Is this an MDJA eal? ❑ Yes DX No Name of Plaintiff/Appellant's Attorney: Martha Von Rosenstiel,Esq. ❑ Check here if you are a Self-Represented Pro Se Litigant ature of the Case: Place an"Z" to the left of the ONE case category.that most accurately describes vour PRIMARY CA S•E. If you are snaking more than one type of claini.check the one that you consider most important. TORT(do no;Inclndo?.1ass Tort) CONTRACT(do nor rnciude Judgmerns) CIVIL APPEALS 0 Intestional 0 Buver Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection:Credit Card 0 Board of Assessment 0 Motor Vehicle 0 Debt Collection:Other ❑ Board of Elections 0 Nuisance 0 Dept.of Transportation 0 Premises Liability 0 Stanuory Appeal:Other S 0 Product Liability(does nor include �Emplot'nue�t Dispute: mass:orr) }lander/Libel'Defamation Discainsinatiou C 0 Other: 0 Employment Dispute:Other 0 Zoning Board T 0 Other I 0 Other: d INIASS TORT 0 Asbestos N 0 Tobacco 0 Toxic Tort-DES 0 Toxic Tort-Implant REAL PROPERTY MISC:ELLAtN'EOUS 0 Toxic Waste ©Ejectment 0 Con-Anon Law/Statutory Arbitration B 0 Other: Ensinent Domairs-'Coudesnnation 0 Declaratory Judgment (]Ground Rent. Mandamus 0 LandlordtTesatit Dispute e Non-Domestic Relations - x0 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITYQuo Warranto Mortgaae.Foreclosure:Cc+usnarercnal 0 Dental Partition 0 Replevin 0 Legal 0 Quiet Title 0 Other: 0 Medical ❑Other: 0,Other Professional: Updated 11W011 i 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. RICHARD E. MUSSELMAN 3 Locust Road Camp Hill, PA 17011 AND UNITED STATES OF AMERICA c/o UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA William J. Nealon Federal Building and Courthouse 235 N. Washington Ave., Suite 311 Scranton, PA 18503 Defendants FORM 1 NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference. f=irst,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 afid a conciliation conference is scheduled,you will have an opportunity to meet with a represeJsubmitted: ender in an a empt to work out reasonable arrangements with your lender before the mortgage foreclosure suard. IF YOU WISH TO SAVE YOUR HOME, YOU MUSTKLY ND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM R ectfd: November 20, 2014 Date Si ature of Counsel for Plaintiff M1 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: CUSrOMERIPRIMARY 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 Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: _ Type of Loan: Loan Number: Total Mortgage Payments Amount:$ Included Taxes 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 Grass 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❑ No F1 , 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: AUTHORIZATION I/We, authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/we understand that 1/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. RICHARD E. MUSSELMAN 3 Locust Road Camp Hill, PA 17011 AND UNITED STATES OF AMERICA c/o UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA William J. Nealon Federal Building and Courthouse 235 N. Washington Ave., Suite 311 Scranton, PA 18503 Defendants 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. RICHARD E. MUSSELMAN 3 Locust Road Camp Hill, PA 17011 AND UNITED STATES OF AMERICA c/o UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA William J. Nealon Federal Building and Courthouse 235 N. Washington Ave., Suite 311 Scranton, PA 18503 Defendants 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/Fender 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. { MARTHA E. VON ROSENSTIEL, P.C. ;.'F j HE- P R 0T1']0N0'1AR 35625CFC-AB Martha E. Von Rosenstiel, Esquire/No. 52634 Heather Riloff, Esquire/No. 309906 1014 NN Z4 PM 2' 08 Jeniece D. Davis, Esquire/No. 208967 CUMBERLAND COUNTY 649 South Avenue, Suite 7 PENNSYLVANIA 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. I� - Co80Jt 0,ydT6it RICHARD E. MUSSELMAN 3 Locust Road Camp Hill, PA 17011 AND UNITED STATES OF AMERICA c/o UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA William J. Nealon Federal Building and Courthouse 235 N. Washington Ave., Suite 311 Scranton, PA 18503 Defendants CIVIL ACTION—MORTGAGE FORECLOSURE NOTICE ADVISO You have been sued in court. If you wish to defend against the claims set forth Le han demandado a usted en la corte.Si usted quiere defenderse de estas in the following pages,you must take action within twenty(20)days after this demandas expuestas en las paginas siguientes,usted tiene veinte(20)dias de complaint and notice are served,by entering a written appearance personally or plazo al partir de la fecha de la demanda y la notificacion. Hace falta a sentar by attorney and filing in writing with the court your defenses or objections to the una comparencia escrita o en persona o con un abogado y entregar a la corte claims set forth against you.You are warned that if you fail to do so the case en forma escrita sus defensas o sus objeciones a las demandas en contra de su may proceed without you and a judgment may be entered against you by the persona. Sea a visado que si usted no se defiende,la corte toma ra medidas y court without further notice for any money claimed in the complaint or for any puede continuer la demanda en contra suya sin previo aviso o notificacion. other claim or relief requested by the plaintiff. You may lose money or property Ademas,la corte puede decidir a favor del demandante y requiere que usted or other rights important to you 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 ONCE. IF LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE SI NO TIENE ABOGADO VAYA EN PERSONA O TELEFONA A LA OFFICE SET FORTH BELOW.THIS OFFICE CAN PROVIDE YOU OFICINA ESCRITA ABAJO.ESTA OFICINA LE PUEDE PROVEER WITH INFORMATION ABOUT HIRING A LAWYER.IF YOU INFORMACION SOBRE COMO CONTRATAR A UN ABOGADO. SI CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE USTED NO TIENE EL DINERO SUFICIENTE PARA CONTRATAR ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES A UN ABOGADO,LE PODEMOS DAR INFORMACION SOBRE THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT AGENCIAS QUE PROVEEN SERVICIO LEGAL A PERSONAS A REDUCED FEE OR NO FEE I ELEGIBLE PARA SERVICIOS A COSTO REDUCIDO O GRATUITO CUMBERLAND COUNTY BAR ASSOCIATION s 2 LIBERTY AVENUE CARLISLE, PA 17013 Pp ATS 717-249-3166 C!5'770 800-990-9108 0313833 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. MARTHA E. VON ROSENSTIEL, P.C. 35625CFC-AB Martha E. Von Rosenstiel, Esquire/No. 52634 Heather Riloff, Esquire/No. 309906 Jeniece D. Davis, Esquire/No. 208967 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. RICHARD E. MUSSELMAN 3 Locust Road Camp Hill, PA 17011 AND UNITED STATES OF AMERICA c/o UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA William J. Nealon Federal Building and Courthouse 235 N. Washington Ave., Suite 311 Scranton, PA 18503 Defendants 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, Richard E. Musselman is the mortgagor and real owner of premises 3 Locust Road, Camp Hill, PA 17011, hereinafter described, whose last known address is listed in the caption. 3. Plaintiff brings this action in mortgage foreclosure against defendants, mortgagor and real owner, to foreclose a certain indenture of mortgage made, executed and delivered by Richard E. Musselman to Mortgage Electronic Registration Systems, Inc. as nominee for ERA Home Loans on February 20, 2007, which mortgage was recorded on February 21, 2007 in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1982, Page 4094, secured on premises 3 Locust Road, Camp Hill, PA 17011 a true and correct description of which is attached hereto as Exhibit I.. 4. The mortgage was then assigned to Chase Home Finance, LLC by written assignment dated March 9, 2009 and recorded on March 30, 2009 in the Office of the Recorder of Deeds of Cumberland County as Mortgage Instrument No. 200909526. 5. The mortgage has since been assigned to Federal National Mortgage Association by written assignment dated January 11, 2012 and recorded on February 17, 2012 in the Office of the Recorder of Deeds of Cumberland County as Mortgage Instrument No. 201204883. 6. The United States of America is made a defendant herein by virtue of certain federal tax liens, hereinafter described, which stand against the defendant, Richard E. Musselman, pursuant to 28 U.S.C. Section 2410. 7. Plaintiff alleges each and every term, condition and covenant in the aforesaid mortgage, and hereby incorporates them herein by reference thereto. 8. 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 May 1, 2014 and each month thereafter, up to and including the present time. 9. Under the terms of the aforesaid mortgage, upon default of payments set forth in the mortgage documents, the entire principal balance and all interest due thereon are collectible forthwith. 10. The following is an itemized statement of the amount due plaintiff under the terms of the aforesaid mortgage: Principal Balance $ 114,587.14 Interest from 4/1/2014 to 10/15/2014 at $14.52 per diem $ 2,860.36 Accrued late charges $ 79.89 Accrued Escrow deficit $ 2,102.87 Attorney's Fee $ 2,350.00 Property Inspections $ 90.00 Total $ 122,070.26 11. The defendant United States of America is the holder of a federal tax lien against the defendant, Richard E. Musselman, as follows: Federal Tax Lien No. 2011-06753, in the amount of $ 79,312.16, lodged with the Prothonotary of the Court of Common Pleas of Cumberland County on August 26, 2011. 12. The above lien, lodged by the District Director of the Internal Revenue Service at Cumberland, Pennsylvania, is against Richard E. Musselman, defendant,mortgagor and real owner herein. 13. A judicial sale of the premises is intended. 14. 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 II). WHEREFORE, plaintiff demands judgment for foreclosure and sale of the mortgaged premises in the amount of$122,070.26, plus per diem interest at $14.52 from October 16, 114 to the date of judgment plus costs thereon. MARTHA E. VON ROSENSTI L, P.C. BY: artha E. Von Rosenstiel, Esquire Heather Riloff, Esquire Jeniece D. Davis, Esquire Attorneys for Plaintiff VERIFICATION Catherine Williarras hereby states that he/she is the -Foreclosuee Speciollst 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. Richard E. Musselman and United States of America relating to the property located at 3 Locust Road, Camp Hill, PA 17011 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. ODr (/� BY: Title: -Foreclosure Specialist 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 Lower Allen Township, Cumberland County, Pennsylvania and more fully described according to a survey by R&R Associates, dated February 15, 1980,No. M-1980-32, as follows: BEGINNING at a point on the Southerly line of Locust Road (60 feet wide),which point is located 85 feet from the intersection of the said Locust Road with Locust Street and which point is on the line dividing Lots Nos. 70 and 85 on the hereinafter mentioned Plan;thence South 40 degrees 33 minutes East along said dividing line 104.95 feet to a post; thence South 49 degrees 27 minutes West along the line dividing Lots Nos. 69 and 85 on said Plan, 40 feet to a stake; thence North 58 degrees 59 minutes West along the line dividing Lots Nos. 84 and 85 on said Plan, 110.64 feet to a stake in the Southerly line of Locust Road;thence North 49 degrees 27 minutes East along said line of Locust Road, 74.97 feet to a point,the Place of BEGINNING. BEING Lot No. 85 on the Plan of Cumberland Park, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 4, Page 86. HAVING THEREON erected a one-story frame dwelling house known and numbered as 3 Locust Road, Camp Hill, Pennsylvania. FURTHER UNDER AND SUBJECT to all restrictions, conditions and easements appearing of record. PARCEL IDENTIFICATION NO: 13-24-0797-163, CONTROL 4: 13002805 EXHIBIT II seterusTm Physical Address14523 SW Millikan Way;Suite 200;Beaverton, l A 97005 dress Business Hours(Pacific Time) Monday-Thursday 5 a.m.to 8 p.m. ` Friday 5 a.m.to 6 p.m. Payments July 1, 2014 PO Box 11790;Newark,NJ 07101-4790 . Correspondence Po Box 2008;Grand Rapids,MI 49501-2008 VIA CERTIFIED AND FIRST CLASS MAIL Phone 866.570.5277 Ll 78R Fax MUSSELMAN,RICHARD E 866.578.5277 3 LOCUST RD CAMP HILL,PA 17011 Website www.seterus.com Loan number;�, 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 HOMEOWNER'S NAME(S): MUSSELMAN,RICHARD E PROPERTY ADDRESS: 3 LOCUST RD CAMP HILL,PA 17011 LOAN ACCT.NO.: � ORIGINAL LENDER: ERA HOME LOANS 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 WILCBE 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 (Brim it up-to-date). NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender/servicer on,your property located at: 3 LOCUST RD CAMP HILL,PA 17011 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: May 1, 2014 through July 1, 2014 in the amount of$864.02 each Total: $2,592.06 Past Due Installments: $2,592.06 Other Open Charges: Prior Servicer Charges Seterus,Inc. Charges Late Charges 0.00 53.26 53.26 Property Inspections 0.00 15.00 15.00 Total Past Due Installments &Charges $2,660.32 Less Suspense(Balance) 0.00 TOTAL AMOUNT PAST DUE $2,660.32 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 $2,660.32, 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 mort2a2e 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 any time up to one hour before the Sheriff s 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 Sheriff s 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 Sheriffs 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 Sheriff s 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. Page 6 of 6 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFFICE OF THE fif'ERIFF I,I;L O 11i�.aiVJ lr.:r 21115JMt115 PH 13 CUMBERLAND CCLIWI'l PENNSYLVANIA VANIA Federal National Mortgage Association vs. Richard E. Musselman (et al.) Case Number 2014-6805 SHERIFF'S RETURN OF SERVICE 11/25/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: United States of America for the Middle District of PA, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Lackawanna, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to law. 12/16/2014 06:59 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure and Stipulation by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Richard E. Musselman at 3 Locust Road, Lower Allen Township, Camp Hill, PA 17011. SON KINSLER, DEPUTY 12/18/2014 10:20 AM - The requested Complaint in Mortgage Foreclosure and Stipulation served by the Sheriff of Lackawanna County upon Linda Smith, A. O. , who accepted for United States of America for the Middle District of PA, at William J. Nealon Federal Building, 235 N. Washington Ave. Suite 311, Scranton, PA 18503. Mark P. McAndrews, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $69.95 SO ANSWERS, January 05, 2015 RONNY R ANDERSON, SHERIFF (c) County; uite Spar;`, Teieoscft, !ne. SHERIFF'S RETURN - REGULAR CASE NO: 2014-00684 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF LACKAWANNA FEDERAL NAT'L MORT. ASSOC. VS U.S.A MIDDLE DISTRICT DAVID PASCOLINI , Deputy Sheriff of Lackawanna County County, Pennsylvania, who being duly sworn according to law, says, the within COMP.& STIPULATION was served upon U.S.A. MIDDLE DISTRICT the DEFENDANT , at 0010:20 AM Hour,on the 18th day of December ,2014 at WM.J.NEALON FEDERAL BUILDING 235 N.WASHINGTON AVE. SUITE 31 SCRANTON, PA 18503 by handing to LINDA SMITH,A.O. AT a true and attested copy of COMP.& STIPULATION together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing .00 Mark P. McAndrew heriff Service .00 Affidavit .00 Surcharge �1'0 Service‘ _ 00 1 .00 .00` 00/00/0000 B Sworn and Subscribed to before me this day of A.D. Notary Deputy Sheriff