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HomeMy WebLinkAbout12-4546T F it . 2012 JUL 23 AM 10: 59 CUMBERLA140 COUNTY PENNSYLVANIA McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. MCQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 EverBank 8100 Nations Way Jacksonville, Florida 32256 V. Brett R. Otto 20 Chestnut Street Mount Holly Spring, Pennsylvania 17065 and Kelley Anne Otto 20 Chestnut Street Mount Holly Spring, Pennsylvania 17065 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number I R' L4 JLtCOMPLAINT IN MORTGAGE FORECLOSURE ( bt, 0 0?k 4 % 103, *X7, yqD a,o File # r- - - -- 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 Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le han demandado a usted en la corte. Si usted quie defenderse de estas demandas ex-puestas en las pagin siguientes, usted tiene veinte (20) dias de plazo al par de la fecha de la demanda y la notificacion. Hace fal asentar una comparencia escrita o en persona o con i abogado y entregar a la corte en forma escrita si defensas o sus objeciones a las demandas en contra su persona. Sea avisado que si usted no se defiende, corte tomara medidas y puede continuar la demanda f contra suya sin previo aviso o notificacion. Ademas, corte puede decidir a favor del demandante y requie. que usted cumpla con todas las provisiones de es demanda. Usted puede perder dinero o sus propiedad u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL i SU ABOGADO INMEDIATAMENTE. SIUSTEDN( TIENE A UN ABOGADO, VA A O TELEFONEA Li OFICINA EXPUSO ABAJO. ESTA OFICINA L( PUEDE PROPORCIONAR CON INFORMATIOP ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAI PARA EMPLEAR UN ABOGADO, ESTA OFICINE PUEDE SER CAPAZ DE PROPORCIONARLO COP INFORMACION ACERCA DE LAS AGENCEA QUE PUEDEN OFRECER LOS SERVICIO; LEGALES A PERSONAS ELEGIBLES EN UP HONORARIO REDUCIDO NI NINGUT HONORARIO. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 File # Page COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is EverBank, duly organized and doing business at the above-captioned 2. The Defendant is Brett R. Otto, who is the rnortgagor and real owner of the in property hereinafter described, and his/her last-known address is 20 Chestnut Street, Mount Holly S Pennsylvania 17065. 3. The Defendant is Kelley Anne Otto, who is the mortgagor and real owner of the property hereinafter described, and his/her last-known address is 20 Chestnut Street, Mount Holly Pennsylvania 17065. 4. On September 30, 1993, Brett R. Otto and Kelley Anne Otto made, executed and a mortgage upon the premises hereinafter described to GMAC Mortgage Corporation of PA, a Pennsyly, Corporation which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortp Book 1168, Page 252, such Mortgage being incorporated herein by reference by virtue of Rule 1019(g) R. C. P. 5. On February 7, 1995, the aforesaid mortgage was thereafter assigned by GMAC Corporation of PA, a Pennsylvania Corporation to Dovenmuehle Mortgage Company LP, a Delaware Limit Partnership, by Assignment of Mortgage, recorded in the Office of the Recorder of Cumberland County Mortgage Book 490, page 849, such Assignment of Mortgage being incorporated herein by reference virtue of Rule 1019(g) Pa. R. C. P. 6. On March 7, 2005, the aforesaid mortgage was thereafter assigned by Mortgage Company, L.P. to Mortgage Electronic Registration Systems, Inc., a Delaware Corporation, Assignment of Mortgage, recorded in the Office of the Recorder of Cumberland County in Mortgage B< 715, page 3244, such Assignment of Mortgage being incorporated herein by reference by virtue of R 1019(g) Pa. R. C. P. File # 295-06f Page 7. On June 8, 2012, the aforesaid mortgage was thereafter assigned by Mortgage Registration Systems, Inc., a Delaware Corporation to EverBank, Plaintiff herein, by Assignment Mortgage, recorded in the Office of the Recorder of Cumberland County in Mortgage Instrument 201217052, such Assignment of Mortgage being incorporated herein by reference by virtue of Rule 1019( Pa. R. C. P. 8. The premises subject to said mortgage is described in the legal description attached Exhibit "A" and is known as 20 Chestnut Street, Mount Holly Spring, Pennsylvania 17065. 9. The mortgage is in default because monthly payments of principal and interest upon mortgage due January 1, 2012 and each month thereafter are due and unpaid, and by the terms of mortgage, upon default in such payments for a period of one month, the entire principal balance and interest due thereon are collectible forthwith. 10. The following amounts are due on the mortgage: Principal Balance $ 41,715.80 Interest through April 26, 2012 $ 1,152.44 (Plus $7.86 per diem thereafter) Late Charges $ 70.95 Attorney's Fee $ 1,450.00 Property Inspection Fees $ 30.00 GRAND TOTAL $ 44,419.19 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will collected in the event of a third party purchaser at Sheriff's sale. If the mortgage is reinstated prior to sale, reasonal and actually incurred attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicab 11. Notice of Intention to Foreclose under Act 6 of 1974 (41 P.S. §403) was sent to by certified mail, return receipt requested as required by that Act. Notice under the Homeowner's Mortgage Assistance Act (Act 91) was not provided as the provisions of such Act were not applicable at time and no notice under such Act was required. File # 295-0661 Page WHEREFORE, Plaintiff demands in rem Judgment against the Defendants in the sum of $44,419.1 ?, together with interest at the rate of $7.86 per diem and other costs and charges collectible under the and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG AND CONWAY,P.C. BY:. [• ERRENCE J. McCABE, ESQUIRE [ ] MARC S. WEISBERG, ESQUIRE [ ) EDWARD D. CONWAY, ESQUIRE [ ] MARGARET GAIRO, ESQUIRE [ ] ANDREW L. MARKOWITZ, ESQUIRE [ ] HEIDI R. SPIVAK, ESQUIRE [ ] MARISA J. COHEN, ESQUIRE [ ] KEVIN T. MCQUAIL, ESQUIRE [ ] CHRISTINE L. GRAHAM, ESQUIRE [ ] BRIAN T. LAMANNA, ESQUIRE Attorneys for Plaintiff File # 295-06E Page VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based o' the information from the Plaintiffs representative, who is out of jurisdiction and not available to sign thi verification at this time, and are true and correct to the best of his/her knowledge, information and belie and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWAY,P.C. BY: ] ERRENCE J. McCABE, ESQUIRE ] MARC S. WEISBERG, ESQUIRE [ ] EDWARD D. CONWAY, ESQUIRE [ ] MARGARET GAIRO, ESQUIRE [ ] ANDREW L. MARKOWITZ, ESQUIRE [ ] HEIDI R. SPIVAK, ESQUIRE ( ] MARISA J. COHEN, ESQUIRE [ ] KEVIN T. MCQUAIL, ESQUIRE [ ] CHRISTINE L. GRAHAM, ESQUIRE [ ] BRIAN T. LAMANNA, ESQUIRE Attorneys for Plaintiff EverBank v. Brett R. Otto and Kelley Anne Otto File # 295-06t Page ALL THAT CBRTAW lot of mama km;Wrcd with it petsanep slwete io the Borough of Mooat Hfltly $pdnye, Ctmobetend 4waty Faom7lv>toia. bounded. folbwa: the North by lot now or fotmedy of W. mum, = dw Bast by to ?, on the South ON 1106 now or f ? ea in font aad 180 foetin ptth. - _' and on the Wept by Chesosut Suet being S% At-; of PennWvwnls SS i:;: rt, vt f umMrriand ft ..u:. : m 0V office for the recording of Dords ?in r -J Cown VII ! t1c??LlCQ ? ?l? , _ _ . a rmyhaa;' ,, ..„•Nuf] ? ?.?3 r14 It- _ oer 1 J- Clacor 05/02/2012 10:40:21 AM t,os? 1 if B r?cE ?.56 CUMBERLAND COUNTY tnst.# 1 -Page 7of7 r IverBank vs. Brett R. Otto and Kelley Anne Otto Defendants a MW MW 3;0 Civil cnr r? 3+ t') 2 C) NOTICE OF RESIDENTIAL MORTGAGE FORECLOSE 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. 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 that 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 Conciliati Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you 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 compl a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliar Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you 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. 7 /9 aota- bate FORM 1 Plaintiff IN THE COURT OF COMMON PI..,I:AS OF CUMBERLAND COUNTY, PE NNSYI,V JII -n -t '"C9 rn 73 C) Respectfully submitted: [Signature of Counsel for Plaintiff] e? -7n C) c=, F 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 possibl e options while working with your Please provide the following information to the best of your knowledge: 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 on household: How long? Mailing Address (if different): City: _ State: Zip: Phone Numbers: Home: _ Office: Cell: _ Other: Email: # of people on household: How long? First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payment Amount $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ? No ? - T 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): I . 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"d 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 Da /Child Care/Tuft. 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 Yes ? No ? If yes, please indicate the status of those negotiations: Please provide the following information, if known, 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 obili to use the services provided by the above named Borrower Signature Co-Borrower Signature Date Date Please forward this document along with the following information to lender and lender's counsel: 11 Proof of income V Past 2 bank statements Proof of any expected income for the last 45 days f Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor tic?f OFD GE SKSRIFF ?, qq 26,12 AUG -7 AM 9: 0 ! CUMOE81LANLI UM M PI` NSYLVANIA EverBank vs. Brett R. Otto (et al.) Case Number 2012-4546 SHERIFF'S RETURN OF SERVICE 07/30/2012 01:20 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on Jul 30, 2012 at 1320 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to Brett R. Otto, by making known unto Kelly Otto, Wife of Defendant at 20 Chestnut Street, Mount Holly Springs, Cumberland County, Pennsylvania 17065 its contents and at the same time handing to her personally the said true and correct coby of the same. ?. LL, 07/30/2012 01:20 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on Jul 30, 2012 at 1320 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to Kelley Anne Otto, by making known unto herself personally, at 20 Chestnut Street, Mount Holly Sprinc Cumberland County, Pennsylvania 17065 its contents and at the same time handing to her personally said true and correct copy of the same. SHERIFF COST: $51.00 August 01, 2012 SO ANSWERS, R ANDERSON, SHERIFF (c) CcuntySwte Sheriff, 7eleosoR. Inc.