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McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff
MARL S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009
I3EIDI R. SPIVAK, ESQUIRE - ID #74770
MARISA J. COIiEN, ESQUIRE - ID # 87830
KEVII~T T. MCQUAIL, ESQUIRE - ID # 307169
CHRISTINE L. GRAAAM, ESQUIRE - ID # 309480
BRIAN T. LAMANNA, ESQUIRE - ID # 310321
123 Son#h Broad Street, Suite 1400
Philadelphia, Pennsylvania 19109
215 790-1010
M&T BANK Cumberland County
1100 Wehrle Drive Court of Common Pleas
Williamsville, New York 14221 , n _ `~I' ~Jt~~
v. Number o~- J
Sean Pearlman
2655 Walnut Street Front
Harrisburg, Pennsylvania 17103
COMPLAINT IN MORTGAGE FORECLOSURE
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File # 67 22
P 1
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff is M&T BANK, duly organized and doing business at the above-captioned addr~ss.
2. The Defendant is Sean Pearlman, who is the mortgagor and real owner of the mortga ed
property hereinafter described, and his/her last-known address is 2655 Walnut Street Front, Harrisb g,
Pennsylvania 17103.
3. On May 25, 2007, mortgagor made, executed and delivered a mortgage upon the premi es
hereinafter described to Fulton Bank which mortgage is recorded in the Office of the Recorder of
Cumberland County in Mortgage Book 1994, Page 1400, such Mortgage being incorpoorated herein by
reference by virtue of Rule 1019(g) Pa. R. C. P.
4. On October 5, 2011, the aforesaid mortgage was thereafter assigned by Fulton Bank to B k
of America, N.A. Successor by Merger to BAC Home Loans Servicing, LP F.K.A. Countrywide Home Lo s
Servicing LP, by Assignment of Mortgage, recorded in the Office of the Recorder of Cumberland Cou ty
in Assignment of Mortgage Instrument No. 201129159, such Assignment of Mortgage being incorpora ed
herein by reference by virtue of Rule 1019(8) Pa. R. C. P.
5. On January 2, 2012, the aforesaid mortgage was thereafter assigned by Bank of Ameri a,
N.A. to M&T Bank, Plaintiff herein, by Assignment of Mortgage, recorded in the Office of the Recorde of
Cumberland County in Assignment of Mortgage Book Instrument No. 201209309, such Assignment of
Mortgage being incorporated herein by reference by virtue of Rule 1019(8) Pa. R. C. P.
6. The premises subject to said mortgage is described in the legal description attached as
Exhibit "A" and is known as 640 -12 Geneva Drive, Mechanicsburg, Pennsylvania 17055.
7. The mortgage is in default because monthly payments of principal and interest upon s id
mortgage due March 1, 2012 and each month thereafter are due and unpaid, and by thrr terms of s id
mortgage, upon default in such payments for a period of one month, the entire principal 'balance and all
interest due thereon are collectible forthwith.
File # 67122
Pa e 3
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i
8. The following amounts are due on the mortgage:
Principal Balance $ 70,427.50
Interest through July 1, 2012 $ 1,907.40
(Plus $12.54 per diem thereafter)
Late Charges $ 72.06
Attorney's Fee $ 1,450.00
Pro Ins ctions $ 28.00
GRAND TOTAL $ 73, 84.96
The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be
collected in the event of a third party purchaser at Sheriff s sale. If the mortgage is reinstated prior to sale, reasons le
and actually incurred attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applica le.
9. Notice of Intention to Foreclose under Act 6 of 1974 (41 P.S. §403) was sent to Defend t
by certified mail, return receipt requested as required by that Act. Notice under the Homeowner's Emerge cy
Mortgage Assistance Act (Act 91) was not provided as the provisions of such Act were not applicable at at
time and no notice under such Act was required.
WHEREFORE, Plaintiffdemands in rem Judgment against the Defendant in the sum of $73,884. 6,
together with interest at the rate of $12.54 per diem and other costs and charges colleatible under he
mortgage and for the foreclosure and sale of the mortgaged property.
McCABE, WEISBERG AND CONWAY,P.C.
BY:
[ ] E J. McCABE, ESQUIRE
[ ]MARL . WEISBERG, ESQUIRE
[ ]EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
[ ]ANDREW L. MARKOWITZ, ESQUIRE
[ ] HEIDI R. SPNAK, ESQUIRE
[ ]MARISA J. COHEN, ESQUIRE
[ ]KEVIN T. MCQUAIL, ESQUIRE
[ ]CHRISTINE L. GRAHAM, ESQUIRE
[ ]BRIAN T. LAMANNA, ESQUIRE
Attorneys for Plaintiff
File # 67 22
Pa e 4
_ _ _ _
- ~
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 n
the information ftom the Plaintiffs representative, who is out of jurisdiction and not availalble to sign t is
verification at this time, and are true and correct to the best of his/her knowledge, information and beli f
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:
[ ] TE N J. McCABE, ESQUIRE
[ ] MARC S. WEISBERG, ESQUIRE
[ J EDWARD D. CONWAY, ESQUIRE
[/J MARGARET GAIRO, ESQUIRE
[ ]ANDREW L. MARKOWITZ, ESQUIRE
[ ] HEIDI R. SPIVAK, ESQUIRE
[ ]MARISA J. COHEN, ESQUIRE
[ ]KEVIN T. MCQUAIL, ESQUIRE
[ ]CHRISTINE L. GRAHAM, ESQUIRE
[ J BRIAN T. LAMANNA, ESQUIRE
Attorneys for Plaintiff
M&T BANK v. Sean Pearlman
File # 67 22
P e5
_ _ ,
. 'OCT. 16.2001 10:31AM 1ST ADVANTAGE SETTLEMT Id4.450 P. 21
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ALL THAT C)3R~AYN dwelling unit situated itn Sunguild Condomheittm, Upper Allen Towa~hip, Cum and
Cawuty, Pennsylvania, deai@tated as Unit No. 1080-1Z, is the D~eclaratio~s end Uealaratf~ flan of Sun wild
Condominium, datai Decambor 6, 1979 and Novomber 29, 1979 reepoctivsly, raoorded DeaptsbeT 1 Z, ] 9 in
Cumbe~tlarsd CaupLy Mica. Book 249, page 784 and Plan Book 37, pegs 23 rospec~ivmiy; Awnamdment to the
Declaration end Declaration Plans of Stmguild Condominium both dsted Febr~aars? 28, 1986, bo~d~ re~rded M h
31, 1986, hs CwnborLmd County Mit?a. Hook 315, page 804 esxd Plan Hook 49, pegs 129, ~eapectively; and
Second Ainestdm~et do DeoIa~ioss of Suxtgsild Condomiaiupas domed IVYay 25, 1988, recordoti 'Jana 8, l 48 , in
Ctwnbarlaatd County Micro. Bonk 350, pie 7S3 tinder the provistoaa of the Unit Prop~cty Act of the
Coauttatruveahh otPennsyivattia (Act o:FJuly 3,1963, P.L', No.19~.
TOQETI~E,R with alI right of tale and intareat of, in and bo tha Cowman Elements ss more tbll~ set fords in tfie
aforesaid Dea]arati~ of Condosuiaistrn and Declaration Plans, as amended 8rom time to time.
THE dRAJV'I~E, for and on bohalf of the Clra~oe and the Grantee's baize, pereoaai roproa~ta~ivos, s are
and , b'Y ~ of the dead, covenant end ague to pry sash cslasrges for the nta~teitce of, 'rs
ta, rcplaa~nent of sad aotpensee fa conn~:tion with tE~e Cotn~tson 131emetts as may be assessed ~m time to ti e
by the Executive >3oard in mcoorttaaae with the Unit Proparty ,Act of Paanuylvania; and fi~rl9u~r, covenant d
agree that the emit comreyad b`Y t3tie dead shall be subjoot to a charge fa all amounts ao esseesed land that, ex t
insofar as Seodons 745 and 70b of said Unft Properly Act and of appiioable Seatioti7s ~f t3m Uni m
Condottsiniura may rolieve s subsequent wait ow,ux of liability fbr prior unpaid aseessttten~s, this c
shall run with aced bind the lwsd or waft heroby conveyed and al] subsequent owner thoroof.
'rHB C1ItAN'1'BE, for and on bmhelf of the Grantee sad the Glrsnttee's luxira, personal represeves, suoaos
aBd asaigaa, by ~ of this deed, avlmo~ovvkdge that this aom?eyanao is snbjaat in evex~j+ respect to e
Dealarat~'ioau„ the Daalaret{on Plan, Code of Regulatlosa sad all amesndus~ts thereto; seed the grantee er
aaiatowiedges that oaah said ~'Y provision oPthe foregoing ie easetdial to tits best inticrest arui fir the benofit of
at1 unit owaere theta. C~mfiee and all owners of the units in said condominium covenant end agroe, a
covenant running with the land, too abide by each and every provision of sa#c1 dootunents.
The (lratttee, for and ou belsalf of the Gratstee, acknowledge tlsat the Cirautoe has received, sso later Haan
(15) days prior t4 this caonvoyattce, a #ttIl and acrmplets Public O Statemont for SungullcU Condomini
and, tbamfore, waive any and all rights under Section 3406(0) of the tfiif!orm Condominium Act, a's amended.
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. s ~ Certi~fY to be ceded
~ . ~~r r?umbeXland CQnntylPA
Recoxdet of deeds
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FORM 1
M&T BANK IN THE COURT OF COMMON PLEAS°tOF ~ ,
Plaintiff CUMBERLAND COUNTY, PENNSAI~ '
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vs. ~
Sean Pearlman Civil o
Defendant x" ~ ~ ~ r,
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NOTICE OF RESIDENTIAL MORTGAGE FORECLO~IJ
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 m
be able to participate in acourt-supervised conciliation conference in an effort to resolve this m2ltter with yo r
lender.
If you do not Gave 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 MidP~nn 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. Dluring 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 Concilia 'on
Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon yo 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 laiwyer compl to
a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliat on
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 TA1~E THE
STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Res ectfully submitted:
Date [Signature f Counsel for Plaintiff)
6 I22
P ge 1
~
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 possi le
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:
Emai I:
# 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 ?
If yes, provide names, location of court, case number & attorney:
i
Assets Amount Owed: Value
Home: $ $ ~
Other Real Estate: $ $ ~
i
Retirement Funds: $ $
i
Investments: $ $
Checking: $ $
Savings: $ $
Other: $ $
Automobile # 1: Model: Yeaz:
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 aze currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
2nd Mortgage Utilities
Car Payment(s) Condo/Nei .Fees
Auto Insurance Med. (not covered)
Auto fueUrepairs Other prop. payment
Install. Loan Payment Cable TV
Child Support/Alim. Spending Money
Da /Child Caze/Tuft. Other E enses
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:
2
_ _
• 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 deliquen ?
Yes ? No ?
If yes, please indicate the status of those negotiations:
Please provide the following information, if known, regazding 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 amaze under no obilig tion
to use the services provided by the above named
Borrower Signature Date
Co-Borrower Signature Date
Please forward this document along with the following information to lender and lender's coua~sel:
Proof of income
Past 2 bank statements
f Proof of any expected income for the last 45 days
Copy of a current utility bill
Letter explaining reason for delinquency and any supporting documentation (hardship letter)
f Listing agreement (if property is currently on the market)
3
_ ~ _ _ T _ _
ELSE 1F Coun name MC = "Lackawanna"~
M&T BANK ]N THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiff
i
v. ~
Sean Pearlman
NO.
Defendant
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE
DIVERSION PROGRAM FURSUANT TO
LACKA. CO. R.C.P. 205.2(b) and 1143(x)
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 a le
to participate in acourt-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 conferen e.
First, within twenty (20) days of your receipt of this notice, you must contact a housing counselor at either the
Neighborhood Housing Services of Lackawanna County (570) 558-2490 or the United Neighborhood Centers of
Northeastern Pennsylvania (570) 343-8835 to schedule an appointment. Second, once you have contacted one of e
housing counselors, you must promptly meet with that housing counselor within twenty (20) days of your telephone
contact with them. During that meeting, you must provide the housing counselor with all requested financial
information so that a loan resolution proposal can be prepared on your behalf. If you take these steps, the housing
counselor will help you prepare and file a Request for Conciliation Conference with the Court. If your 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 reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forty
If you are represented by a lawyer, it is not necessary for you to contact one of the housing counseling
agencies. However, you and your attorney must complete a financial worksheet in the format attached hereto so th
you will be able to submit a loan resolution proposal to your lender. If you and your lawyer complete', a financial
worksheet within forty (40) days of your receipt of this Notice, your lawyer will be able to file a Request for
Conciliation Conference on your behalf so that a conciliation conference can be scheduled. At that tune, you and y ur
lawyer will meet with a representative of your lender in an effort to work out reasonable arrangements with your
lender.
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:
4~
Date [Signature o
Counsel for Plaintiff)
(Form 8 -Notice of Residential Mortgage Foreclosure Diversion Program Pursuant to Lacka. Co. R.C.P. 205.2(b) and 1143(x).
67 22
Pa e 1