HomeMy WebLinkAbout12-7636i.,. )
f~ t^_.:)
~G
•:} r~
~ ....~ u
rrrr wy
_ _
r y1 ~ ~
~
'{ .l ,, ~ r,..J I
--s ('-
.. ' r'" ..,,.~
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIItE - ID # 16496
MARL S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
ANDREW L. MARKOWITZ, ESQUII2E - 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
JOSEPH I. FOLEY, ESQUIRE - ID #314675
123 South Broad Street, Suite 1400
Philadelphia, Pennsylvania 19109
(215) 790-1010
Nationstar Mortgage LLC
350 Highland Drive
Lewisville, TX 75067
v.
Matthew D. Rider
122 Kim Acres Drive
Mechanicsburg, PA 17055
and
Sharon K. Stepp
122 Kim Acres Drive
Mechanicsburg, PA 17055
Attorneys for Plaintiff
Cumberland County
Court of Common Pleas
Number ~a~ - 7103 ~~ yr l Try,
COMPLAINT IN MORTGAGE FORECLOSURE
`~
103.75 P~OA~
e~` l~I~a3
~~a~y~9
File # 69902
Page 1
PiOTICE
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, PA 17013
(800)990-9108
AVISO
Le han demandado a usted en la cone. Si usted quiere
defenderse de estas demandas ex-puestas en las paginas
siguientes, usted tiene veinte (20) dias de plazo al partir
de la fecha de la demanda y la notificacion. Hate falta
asentar una comparencia escrita o en persona o con un
abogado y entregar a la Corte en forma escrita sus
defensas 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 continuer la demanda en
contra suya sin previo aviso o notificacion. Ademas, la
Corte puede decidir a favor del demandante y requiere
que usted cumpla con todas las provisioner de esta
demanda. Usted puede perder dinero o sus propiedades
u otros derechos importantes para usted.
USTED LE DEBE TOMAR ESTE PAPEL A
SU ABOGADO INMEDIATAMENTE. SI USTED NO
TIENE A UN ABOGADO, VA A O TELEFONEA LA
OFICINA EXPUSO ABAJO. ESTA OFICINA LO
PUEDE PROPORCIONAR CON INFORMATION
ACERCA DE EMPLEAR A UN ABOGADO.
SI USTED NO PUEDE PROPORCIONAR
PARA EMPLEAR UN ABOGADO, ESTA OFICINA
PUEDE SER CAPAZ DE PROPORCIONARLO CON
INFORMACION ACERCA DE LAS AGENCIAS
QUE PUEDEN OFRECER LOS SERVICIOS
LEGALES A PERSONAS ELEGIBLES EN UN
HONORARIO REDUCIDO NI NINGUN
HONORARIO.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(800)990-9108
File # 69902
Page 2
This is a communication from a debt collector who is attempting to collect a debt, and any
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 valid.
If you notify us in writing within thirty (30) 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 copy of the
judgment against you, and we will mail to you a copy of the verification or judgment that we
obtain.
Upon your written request to us within thirty (30) days of your receipt of this communication, we
will provide to you the name and address of the original creditor, if different from the current
creditor.
Case Name: Nationstar Mortgage LLC v. Matthew D. Rider and Sharon K. Stepp
Cumberland County
File # 69902
Page 3
COMPLAINT IN MORTGAGE FORECLOSURE
Plaintiff is Nationstar Mortgage LLC, duly organized and doing business at the above-
captioned address.
2. The Defendant is Matthew D. Rider, who is the mortgagor and real owner of the mortgaged
property hereinafter described, and his/her last-known address is 122 Kim Acres Drive, Mechanicsburg, PA
17055.
3. The Defendant is Sharon K. Stepp, who is the mortgagor and real owner of the mortgaged
property hereinafter described, and his/her last-known address is 122 Kim Acres Drive, Mechanicsburg, PA
17055.
4. On October 4, 2011, mortgagors made, executed and delivered a mortgage upon the premises
hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland
County in Mortgage Book Instrument Number 201129141, such Mortgage being incorporated herein by
reference pursuant to Rule 1019(g) Pa. R. C. P.
5. The premises subject to said mortgage is described in the legal description attached as Exhibit
"A" and is known as 122 Kim Acres Drive, Mechanicsburg, Pennsylvania 17055.
6. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due June 1, 2012 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.
7. The following amounts are due on the mortgage:
Principal Balance
Interest through November 2, 2012
(Plus $16.31 per diem thereafter)
Late Charges
Attorney's Fee
Escrow Advance
$ 140,470.57
$ 3,482.50
$ 193.87
$ 1,650.00
$ 1,212.88
CiKANll 'I'U"TAL
$ 147,009.82
The attorney's fees set forth above are inconformity 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, reasonable and actually incurred attorney's fees will be charged in accordance with the reduction
provisions of Act 6, if applicable.
File # 69902
Page 4
Notice of Intention to Foreclose under Act 6 of 1974 (41 P.S. §403) was sent to Defendant
by certified mail, return receipt requested as required by that Act. Notice under the Homeowner's Emergency
Mortgage Assistance Act (Act 91) was not provided as the provisions 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 Defendant in the sum of $147,009.82,
together with interest at the rate of $16.31 per diem and other costs and charges collectible under the
mortgage and for the foreclosure and sale of the mortgaged property.
Y,P.C.
BY:
[ ] TERRENCE A SQU
[ ] MARC S. BF r, ESQU
[ ] EDWA D. CONWAY, ESQUIRE
[ ]MARGARET GAIRO, ESQUIltE
[ ]ANDREW L. MARKOWITZ, ESQUIRE
[ ] HEIDI R. SPIVAK, ESQUIIZE
[ ]MARISA J. COHEN, ESQUIRE
[ ]KEVIN T. MCQUAIL, ESQUIRE
[ ]CHRISTINE L. GRAHAM, ESQUIRE
[ ]BRIAN T. LAMANNA, ESQUIIZE
{~} JOSEPH F. RIGA, ESQUIRE
[ ]JOSEPH I. FOLEY, ESQUIRE
Attorneys for Plaintiff
File 1169902
Page 5
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 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 of his/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.
CONW~'Y,P.C.
BY: ~
[ ] TERRENC . ~ ,ESQUIRE
[ ] MARC I ERG, ESQUIRE
[ ]EDWARD D. CONWAY, ESQUIItE
[ ]MARGARET GAIRO, ESQUIRE
[ ]ANDREW L. MARKOWITZ, ESQUIRE
[ ] HEIDI R. SPNAK, ESQUIlZE
[ ]MARISA J. COHEN, ESQUIRE
[ ]KEVIN T. MCQUAIL, ESQUIIZE
[ ]CHRISTINE L. GRAHAM, ESQUIRE
[ ]BRIAN T. LAMANNA, ESQUIRE
[OC] JOSEPH F. RIGA, ESQUIRE
[ ]JOSEPH I. FOLEY, ESQUIIZE
Attorneys for Plaintiff
Nationstar Mortgage LLC v. Matthew D. Rider and Sharon K. Stepp
File # 69902
Page 6
M
~+
Exhibit A (Legal Description) ~ ~' ~ ~ 1
THE FOLLOWING DESCRIBED REAL PROPERTY, SITUATE IN ~'HE COUNTY F~'
CUMBERLAND, STATE OF PENNSYLVANIA:
ALL THAT CERTAIN HOUSE AND LOT OF GROUND SITUATE IN THE TOWNSHIP OF
UPPER ALLEN, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA,
BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT:
BEGINNING AT A POINT ON THE NORTHERN LINE BETWEEN LOTS NOS. 147 AND 148
ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG THE DIVISION
LINE BETWEEN LOTS NOS. 147 AND 148, NORTH 10 DEGREES 27 MINUTES WEST, ONE
HUNDRED THIRTY-FOUR AND SEVENTY-EIGHT (134.78) FEET TO A POINT IN THE
DIVISION LINE BETWEEN LOTS NOS. 148 AND 141 AND LOTS NOS. 148 AND 140,
NORTH 78 DEGREES 47 MINUTES EAST, EIGHTY AND EIGHTEEN ONE-HUNDREDTHS
(80.18) FEET TO A POINT IN THE DIVISION LINE BETWEEN LOTS NOS. 148 AND 149 ON
SAID PLAN; THENCE ALONG THE DIVISION LINE BETWEEN LOTS NOS. 148 AND 149,
SOUTH 11 DEGREES 13 MINUTES EAST, ONE HUNDRED THIRTY-FIVE (135) FEET TO A
POINT IN THE NORTHERN LINE QF KIM ACRES DRIVE; THENCE ALONG THE
NORTHERN LINE OF KIM ACRES DRIVE, SOUTH 78 DEGREES 47 MINUTES WEST,
SIXTY-FOUR AND SEVENTY-THREE ONE-HUNDREDTHS (64.73) FEET TO A POINT;
THENCE BY THE SAME, SOUTH 79 DEGREES 33 MINUTES WEST, SEVENTEEN AND
TWENTY-SEVEN ONE-HUNDREDTHS (17.27) FEET TO A POINT IN THE DIVISION LINE
BETWEEN LOTS NOS. 147 AND 148, AFORESAID, AT THE PLACE OF BEGINNING.
Tax Map Reference: 42-28-2421-12$
FORM I
Nationstar Mortgage LLC
Plaintiff
vs.
Matthew D. Rider and Sharon K. Stepp
Defendants
_~ ~~~
IN THE COURT OF COMMON PLEAS ~~-,
CUMBERLAND COUNTY, PENNSYL~ I~c? r-~;:__~~
~y ' - r
il '
j
~~O Ci
1a `~
~
?~
:
v
~
/
D .
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 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 (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 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 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 T
Date
69902
Page 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 possible
options while working with your
Please provide the following information to the best of your knowledge:
Borrower name(s):
Property Address:
City:
Is the property for sale?
Realtor Name:
Borrower Occupied?
Mailing Address (if different):
City:
Phone Numbers:
Email:
# of people on household:
Mailing Address (if different):
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people on household:
First Mortgage Lender:
Type of Loan:
Loan Number:
Second Mortgage Lender:
Type of Loan:
Loan Number:
Total Mortgage Payment Amount $
Date of Last Payment:
Primary Reason for Default:
Included Taxes & Insurance:
How long?
How long?
Date You Closed Your Loan:
State: Zip:
Yes ^ No ^ Listing date: Price $
Realtor Phone:
Yes ^ No ^
State: Zip:
Home: Office:
Cell: Other:
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, motorcvclesl:
Year: Amount owed:
Monthly Income
Name of Employers:
1.
2.
3.
Year:
Year:
Model
Value:
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 fueUrepairs Other prop. payment
Install. Loan Payment Cable TV
Child SupportJAlim. Spending Money
Da /Child Care/Tuft. Other Ex 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:
Email:
2
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 deliquency?
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):
Servicing Company (Name):
Contact: Phone:
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. UWe understand that I/we 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 lender's counsel:
Proof of income
Past 2 bank statements
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)
3
2013 APR -3 PH I: 10
UHUEl LANG C LiNT't
P ENNSYLVANIA
McCABE,WEISBERG AND CONWAY, P.C.
BY: TERRENCE J.McCABE,ESQUIRE-ID#16496 Attorneys for Plaintiff
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
ANN E.SWARTZ,ESQUIRE-ID#201926
JOSEPH F.RIGA,ESQUIRE-ID#57716
JOSEPH I.FOLEY,ESQUIRE-ID#314675
123 South Broad Street,Suite 1400
Philadelphia,Pennsylvania 19109
(215)790-1010
Nationstar Mortgage LLC Cumberland County
Plaintiff Court of Common Pleas
v.
Number 12-7636 Civil Term
Matthew D. Rider and Sharon K. Stepp
Defendants
PRAECIPE TO REINSTATE COMPLAINT
TO THE PROTHONOTARY:
Kindly reinstate the Complaint in Mortgage Foreclosure in the above-captioned matter.
McCABE,WEISBERG D CO AY,P.C.
BY:
[ ]Terrenc .McCabe,Esquire arc 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
[ ]Ann E. Swartz,Esquire [ ]Joseph F. Riga,Esquire �1 11:1
[ ]Joseph I.Foley,Esquire a�Vli
Attorneys for Plaintiff /
i�44- 3$101y
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
T 01 CUIR&f 10 HE PR G T 111"!N'0
01
Jody S Smith 144#
Chief Deputy 7113 APR 15 PM 3: 0
Richard W Stewart CUMBERLAND GOUNTY
Solicitor OFftCE OF Tk S4EF21Fr
PENNSYLVANIA
Nationstar Mortgage LLC
vs. Case Number
Matthew D Rider(et al.) 1 2012-7636
SHERIFF'S RETURN OF SERVICE
04/09/2013 02:33 PM-Deputy Ryan Burgett, being duly sworn according to law, served the requested Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing
a true copy to a person representing themselves to be Jim Stepp, Stepfather of defendant,who accepted
as"Adult Person in Charge"for Matthew D Rider at 122 Kim Acres Drive, Upper Allen, Mechanicsburg,
PA 17055.
R U�RGETT, DEPU
04/09/2013 02:33 PM-Deputy Ryan Burgett, being duly sworn according to law, served the requested Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing
a true copy to a person representing themselves to be Jim Stepp, Husband of defendant,who accepted
as"Adult Person in Charge"for Sharon K Stepp at 122 Kim Acres Drive, Upper Allen, Mechanicsburg, PA
17055.
RYAN BURGETT, D-EPUtY
SHERIFF COST: $54.46 SO ANSWERS,
1�z
April 10, 2013 RONRrY R ANDERSON, SHERIFF
(c)CountySutte Sheriff,Teleosoft Inc,