The URL can be used to link to this page

Home My WebLink About12-6490McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARL S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET (sAIRO, 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 JOSEPH F. RIGA, ESQUIRE - ID # 57716 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 1.9109 (215) 790-1010 Real Estate Mortgage Network, Inc. 425 Phillips Boulevard Trenton, NJ 08618 v. Gregory Keefer 193 Easet fort Union >~Ivd # 300 Midvale, UT' 84047 and Sharon H. Keefer 559 Jonathan Street Southampton, PA 1725 7 Ad:orneys for Plaintiff Cumberland County Court of Common Pleas Number ~ ~- •- ~~ ~ ~'-~~ COMPLAINT IN MORTGAGE FORECLOSURE CiVi~ ~~ ~~ ~, .. ~~. ~~. 1 File # 68183 Page I 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 'T'AKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LA W'YER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF Y'OU CANNOT AFFORD TO HIRE A LAWYER, "PHIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES 'T'HAT MAY OFFERLEGAL SERVICES TO ELIC;IBLE PERSONS AT A REDUCED FEE OR NO FEE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA ] 7013 (800)990-9108 AVISO Le han demandado a usted en la torte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene'veinte (20) dial de plazo al partir de la fecha de la demanda y la notification. Hate falta asentax una comparencia escrita o en persona o con un abogado y entregar a la Corte en forma escrita sus defen;;as o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas ,y puede continuar la demanda en contra. suya sin previo aviso o notification. Ademas, la torte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usteci. USTED LE L)EBE TOMAR ESTE PAPEL A SU AE30GADO INME;DIATAMENTE. S[ USTEDNO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABGGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR Ulsl ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS (?UE PUEDEN OFRECER LOS SE:RVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO 1`II NINGUN HONORARIO. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA ] 7013 (800)990-9108 ile k 68183 Page 2 This is a communication from a debt collector who is attempting to collect a debt, and an. information obtained will be used for that purpose. Unless, within thirty (30) days after your receipt of this communication, you dispute the validity of the debt, or• any portion of the debt, we will assume that the debt is validl. If you notify us in writing within thirty (3d) days of your receipt of this communication that the debt, or a portion of the debt, is disputed, we will obtain verification of the debt or a capy of the judgment against you, and we will mail to you a copy of the verification or judgment that ~~e obtain. Upon ~~our ~rritten request to us within thirty (30) days of wour receipt of this communication, we will provide fo you the name and address of the original creditor, if difte~rent from the eur-r•ent cred ito r•. Case Name: Real Estate Mortgage Network. Inc. v. Gregory Keefer and Sharon H. Keefer Cumberland County ( ile # 68183 Page 3 COMPLAINT IN MORTGAGE IFORECLOSLJRE Plaintiff is Real Estate Mortgage Network, Inc., duly organized and doing business at the above-captioned addres>. 2. The Defendant is Gregory Keefer, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address its 193 EasetFortUnion Blvd # 300. Midvale, UT 84047. 3. The Defendant is Sharon H. Keefer, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 559 Jonathhan Street, Southampton, PA 17257. 4. On January 6, 2010, mortgagors made, executed. and delivered a mortgage upon the premises hereinafter described to >'/IORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. A S NOMINEE FOR EQUITY SOURCE HOME LOANS LLC which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book Instrument Number 201002525, such'Mortgage being; incorporated herein by reference by virtue of Rule 1019(g) Pa. R. C. P. ~. The aforesaid mortgage was thereafter assigned by MORTGAGE ELECTRONIC REGIS"I'RA"TION SYSTEMS, INC. AS NOMINEE FOR EQUI~f Y SOURCE HOME LOANS I_LC' to REAL ESTATE MORTGAGE NETWORK, INC. , by assignment which will be dulY~ recorded in the; office of the recorder for Cumberland County. 6. The premises subject to said mortgage is described in the legal description attached as Exhibit "A" ;end is known as 559 Jonathan Street, Southampton, Pennsylvania 17257. ?. The mortgage is in default because monthly payments of principal and interest upon said mortgage due Apri 11, 20l 2 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. ~ile #t 68183 Page 4 8. The following amounts are due on the mortgage: Principal Balance Interest through November _5, 2012 (Plus $17.78 per diem thereafter) Late Charges Attorney's Fee Escrow Advance `6 15 ~,1 ?6.85 `.6 4,000.50 S 250.02 ~% l ,650.00 9i l,:?66.41 IJKANU l U I AL 9~ 160.343.?8 The attorney's tees 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 Sheriffls sale. If the mortgage is reinstated prior to sale. reasonable and actually incurred attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 9. Notice of Intention to Foreclose under Act 6 of 1974 (41 P.S. §403) was sent to Defendants by certified mail, return receipt requested as required by that Act:. Notice underthe Homeowner's hmergency Mortgage Assistance Act (Act 91) was not provided as the proviisions of such Act were not applicable at that time and no notice under such Act was required. WHEREFORE, Plaintiff demands in rem Judgment against the Defendants iri the sum of $160,313.78, together with interest at the rate of $17.78 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG AND CONWAS!,P.C. ~ _ . ~' t TERRENCE J. McCABE, ESQUIRE ° L ] MARC S. WEISBERG, ESQUIRE [ ]EDWARD D. CONWA'Y, ESQUIRE [ ]MARGARET CAIRO, ESQUIRE [ ]ANDREW L. MARKOWiTZ, ESQUHtE [ ] HEIDI R. SPIVAK, ESQUIRE [ ]MARISA J. COHEN, E SQUIRE [ ]KEVIN T.. MCQUAIL, ESQUIRE ]CHRISTINE L. GRAHAM, ESQUIRE [ ]BRIAN T. LAMANNA, ESQUIRE [ ]JOSEPH F. R[GA, ESQUIRE Attorneys for Plaintiff File # 68183 Page 5 VERIFICATION The undersigned attorney hereb}~ 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 thalr the foregoing facts based on the information from the Plaintiffs representative, who is out of jurisdiction and not available to sign this verification at this time, and are true and correct to the best ofhis/her knowledge, information and belief 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.f._. _ ~ /~f BY: - _ ... ~C] ERRENCE J~. McCABE, ESQUIRE /[ ] MARC S. WE;ISBERG, ESQUIRE [ ]EDWARD D. CONWAY, ESQUIRE [ ]MARGARET GAIRO, ESQUIRE [ ]ANDREW L. MARKOWIT:7, ESQUIRE [ ] HEID[ R. SPI`/AK, ESQUIF~E [ ] MARISA J. C~OHEN, ESQU[RE [ ]KEVIN T. MCQUAIL, ESQUIRE [ ]CHRISTINE L. GRAHAM, ESQUIRE [ ]BRIAN T. LAMANNA, ESQUIRE Attorneys for Plair-tiff Real Estate Mortgage Network, ]nc. v. Gregory Keefer and Sharon H. Keefer mile # 68183 Page 6 RED ~m~.rica abstract In~~. 123 South Broae~ Str~~t. Philade11~1Yia, FA 1.9109 SCHEDULE A DESCRIPTION OF MORTGAGED PREMISES Title No. 2012-19404 ALL THAT CERTAIN LOT OR PIECE OF GROUND WITH BUILDINGS AND IMPROVEMENTS THEREON ERECTED, LOCATED IN THE TOWNSHIP OF SOUTHAMPTON, COUNTY OF FRANKLIN, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A SET IRON PIN AT CORNER OF LOT NO. 124 AND ALONG THE EASTERN EDGE OF A 50 FOOT RIGHT OF W'AY KNOWIVC AS JONATHAN STREET, NORTH 40 DEGREES 54 MINUTES 31 SECONDS EAST, 110.00 FEET TO A SET IRON PIN AT CORNER OF LOT NO. 122; THENCE SOUTH 49 DEGREES 05 MINUTES 29 SECONDS EAST, 130.00 FEET TO A SET IRON PIN AT CORNER OF LOT NO. 122; THENCE NORTH 49 DEGREES 05 MINUTES 29 SECONDS WEST, 130.00 FEET TO A SET IRON PIN AT CORNER OF LOT NO. 124 AND ALONG THE EASTERN EDGE OF A 50 FOOT RIGHT OF WAY KNOWN AS JONATHAN STREET, THE PLACE OF BEGINNING. CONTAINING 14,300 SQUARE FEET OR 0.3283 OF AN ACRE, AND BEING DESIGNATED AS LOT NO. 123, KNOWN AS 559 JONATHAN STREET, AS SHOWN ON THE FINAL PLAN OF A SUBDIVISION KNOWN S APPLE HILL PHASE I, PREPARED BY THOMAS M. ENGLERTH SURVEYING, DATED MARCH 15, 1993 FOR GREENEHAMPTON ENTERPRISES, INC., AND RECORDED :IN FRANKLIN COUNTY PLAN BOOK VOLUME 288F, PAGE 455. li'(_) IZ M Keal Ei~rtc ylort~~a~~e Nctw<rrl:, Inc. Plaintitt tis. <irr~~or~~ F.c~~ltr and Sharon }i. Keefer l)cf`endanis _.., [~ ~l'HL: C'OUiZ"I~ OF COMMON I'1 1 ~1~-t~1;; `~ , C'UMI3LRLAIvI) COI1'S~fY. PL.'~''~5 'r'L,V,z1R1.A~~` :, :. -:~ ^(~ ~ !1 _10``_.~..c -1_~`~~C`IVII -. NOTICE OF RESIDENTIAL MORTGAGE :FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your hor~~e. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in acourt-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 (? 17) 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 rrrust 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 ,~ financial worksheet in the format attached hereto, the legal representative will prepare and file a Request foa• 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 ;:rn 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. [f you and your laws/er complete a financial worksheet in the format attached hereto, your lawyer will prepare and frle a Request far 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 forwaxd. IF YOU ~'[SH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. ~---- Date Re~,l /~tfiy submitted: [Signature of Counsel for Plaintiff] .,~" ..~_ { ,_ 68183 Page 1 FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date: __ Cumberland County Court of Common Pleas Docket # BORROWER. REQUEST F'OR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to deterrn~ne possible 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 propert} for sale? Yes ^ No ^ Listing date: Price $ _ Realtor Name: _ Realtor Plhone: --- __ __---- orrower Occupied? Yes ^ No ^ Mailing Address (if different): City: ~ - _ State: "Lip-. --- Phone Numbers: Home: _ __ Office: Cell: _ Other: - ----- Email: # of people on household: Mailing Address (if different): - -- - - ------------ City: __ _ State: _ Zip: ____---- Phone Numbers: Home Off Email: ~ of people on household: First Mortgage Lender Type of Loan: Loan Number: __ Second Mortgage Lender: Type of Loan: ___ Loan Number: ice. Cell: -- Other. ___._. How long? How long? Date You Closed YCrur Loan: Total Mortgage Payment Amount $ Date of Last Payment: Primary Reason for Default; Included Taxes & Insurance: 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: ___ _ Amount owed __ __ Value: Automobile #2: Model: _ _ Amount owed __ __ Value: Other transportation (automobiles, boats, motorcycles): Year: Amount owed: Monthly Income Name of F.mplovers: I. 3. Additional Income Description (not wages): 1. monthly amount: _ _ _ _ _ monthly amount: Borrower Pay Days: ___~__ _ __ Co-Borrower Pav Davs: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2"d Mortgage Utilities _ Car Payment(sl 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.`"Twit. Other Ex senses 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): Year: Year: Model _ _ Value: Fax: tmaii: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? YesCNa^ ' 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 deliquency? YesCNo^ Ifyes, 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}: Servicing Company (Name): Contact Phone: Phone: I/We, _ ,authorize the above named __ ___ ______` _ to use/refer this information to rriy lender/servicer for the sole purpose of evaluatin~~ my financial situation for possible mortgage options. I/We understand that Ilwe am/are under no obiligation 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 Ilender's counsel,: 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) Listing agreement (if property is currently on the market) 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 JOSEPH F. RIGA, ESQUIRE - ID # 57716 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE; - ID # 87830 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - [D # 201926 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE l,. GRAHAM, ESQUIRE - ID # 309480 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215)790-1010 Rea! Esta±e .".~ortgage >`!etwork, Inc. Plaintiff v. Gregory Keefer and Sharon H. Keefer Defendants Attorneys for Plaintiff CL 1MBER_LAND COUNTY COURT OF COMMON PLEAS No. 2.012-06490 PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: =' ~:._ Kindly mark the above-captioned rriatter as Discontinued and Ended, without prejudice, upon payment of your costs only. DATE: r Z ~ Z ~ ~~L-~.t _s'~` ~':2 ~ ~~/ -~ - -- ~- [ ]Terrence J. McCabe, Esquire [ ]Edward D. Conway, Esquire [ ]Andrew L. Markowitz, Esquire [ ]Heidi R. Spivak, Esquire [ ]Brian T. LaManna, Esquire [ ]Kevin T. McQuail, Esquire Attorneys for Plaintiff [ arc S. Weisberg, Esquire [ ]Margaret Gairo, Esquire [ ]Joseph F. Riga, Esquire [ ]Marisa J. Cohen, Esquire [ ]Ann E. Swartz, Esquire [ ]Christine L. Graham, Esquire McCABF., WEISBERG AND CONVVAY, P.C. BY; TERRENCE J. McCABE, ESQUIRE - [D # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 JOSEPH F. RIGA, ESQUIRE - ID # 57716 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE; - ID # 87830 BRIAN T. LaMANNA, ESQU[RE - 1D # 310321 ANN E. SWARTZ, ESQUIRF. - ID # 201926 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L,. GRAHAM, ESQUIRE - ID # 309480 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215)790-1010 Real Estate Mortgage Network, Inc. Plaintiff v. Gregory Keefer and Sharon H. Keefer Defendants Attorneys for Plaintiff CUMBERLAND COUNTY" COURT OF COMMON PLEAS No. 2.0 12-064y0 CERTIFICATE OF SERVICE The. undersigned Attorney for Plaintiff, hereby certifies that a true and correct copy of the within Praecipe to Discontinue and End was served on the below persons by regular first class mail, postage prepaid, on the ~~--day of November, 2012. Gregory Keefer 193 E. Fort Union Blvd # 300 Midvale, Utah 84047 Sharon IJ. Keefer 559 Jonathan Street Southampton, Pennsylvania 17257 j %, _~ i~ 2 ~J DATE: -_i f~ ~ '~ - ` G' ~G~,--2< - -- [ ]Terrence J. McCabe, Esquire [ ]Edward D. Conway, Esquire [ ]Andrew L. Markowitz, Esquire [ ]Heidi R. Spivak, Esquire [ ]Brian T. LaManna, Esquire [ ]Kevin T. McQuail, Esquire Attorneys for Plaintiff -- f, [ ~~t0farc S. Weisberg, Esquire [ ]Margaret Gairo, Esquire [ ]Joseph F. Riga, Esquire [ ]Marisa J. Cohen. Esquire [ ]Ann E. Swartz, Esquire [ ]Christine L. Graham, Esquire