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Home My WebLink About13-0534Z~ f 3 JAf~ 30 ~,~! f f: 0~ ~~~'~ERti,°~D CQC~'~~~`*~ n~>~dHS YLVA P~(,~ 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 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID #314675 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Green Planet Servicing, LLC 321 Research Parkway Suite 302 Meriden, CT 06450 v. Cynthia A. Mellott 748 Pine Road Carlisle, PA 17015 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number ~ ~ - 53y COMPLAINT IN MORTGAGE FORECLOSURE C~VII e~~~GP~~~ °~ ~~~i~s~ File # 70077 Page 1 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. [F 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 I'EE 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 torte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) digs de plazo al partir de la fecha de la demanda y la notification. Hate falta asentar una comparencia escrita o en persona o con un abogado y entregar a la cone 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 cone 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 usted. LISTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI LISTED 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 LISTED NO PUEDE PROPORCIONAR PARR 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 # 70077 Paee 2 COMPLAINT IN MORTGAGE .FORECLOSURE Plaintiff is Green Planet Servicing, LLC, duly organized and doing business at the above- captioned address. 2. The Defendant is Cynthia A. Mellott, who is the mortgagor and real owner of the mortgaged proper-ty hereinafter described, and his/her last-known address is 748 Pine Road, Carlisle, PA 17015. On August 29, 2009, mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc. ("MERS"), as nominee for Freedom Mortgage Corporation, its successors and assigns, which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1835, Page 3252, such Mortgage being incorporated herein by reference pursuant to Rule 1019(g) Pa. R. C. P. On October 31, 2012, the aforesaid mortgage was thereafter assigned by Mortgage Electronic Registration Systems, Inc. ("MERS"), as nominee for Freedom Mortgage Corporation, its successors and assigns, to Green Planet Servicing, LLC„ by Assignment of Mortgage, recorded in the Office of the Recorder of Cumberland County in Assignment of Mortgage Book Instrument Number 201234657, such Assignment of Mortgage being incorporated herein by reference pursuant to Rule 1019(g) Pa. R. C. P. The premises subject to said mortgage is described in the legal description attached as Exhibit "A" and is known as 748 Pine Road, Carlisle, Pennsylvania 17013. 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. File # 70077 Pale 3 The following amounts are due on the mortgage: Principal Balance S 42,847.69 Interest through October 9, 2012 S 916.47 (Plus $6 per diem thereafter) Late Charges $ 102.00 Attorney's Fee $ 1,650.00 GRAND TOTAL $ 45,516.16 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. [f 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. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. File # 70077 Page 4 WHEREFORE, Plaintiff demands in rem Judgment against the Defendant in the sum of $45,516.16, together with interest at the rate of $6 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG ANI}-~(~'VAY,P.C. BY: ~' [ ] TE ~ ~~E J. Mc SQUI [ ] MARC S. WEISB RG, ESQUIRE [ ]EDWARD D. CONWAY, ESQUIRE [ ]MARGARET GAIRO, ESQUIRE [ J ANDREW L. MARKOWITZ, ESQUIRE [ ] HEIDI R. SPIVAK, ESQUIRE [ ]MARISA J. COHEN, ESQUIRE [ ]KEVIN T. MCQUAIL, ESQUIRE [ ]CHRISTINE L. GRAHAM, ESQUIRE [ ]BRIAN T. LAMANNA, ESQUIRE [~] JOSEPH F. RIGA, ESQUIRE [ ]JOSEPH I. FOLEY, ESQUIRE Attorneys for Plaintiff Fae a ~oo~~ Page 5 VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of jurisdiction and not available to sign this verification at this time, and are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of I8 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEIS$ERG ANI~~NWAX',P.C. ~' BY: ~__ ____..._ [ ] TERRENCF,;~:'AB~~SQUI~cE [ ] MARC S. EISBERG, SQUIRE [ ]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 ~] JOSEPH F. RIGA, ESQUIRE [ ]JOSEPH I. FOLEY, ESQUIRE Attorneys for Plaintiff Green Planet Servicing, LLC v. Cynthia A. Mellott Filed 70077 Page 6 SCHEDULE A H~in~ ~~~~ l.,~~~111U ALL that certain piece or parcel of land eituete in the ?own9hip of Dickineoa, Cwaber].and County, Pennsylvania, more particularly bounded and doacribed ae folloti~a, to wit: BEGINNING at e~ point in the oenter of Pine Road; Lagieletive Route Ho. 21006 at oorner of land of tlernon G. Hill; thence eastvardly along tho centerline of Pine Road a distanoe of l50 ;'set to land of Henry E. 5pidle; thence aouthwardly along lands of Henry E_ Spidle a eistance of 250 feet to an iron pin at land nov or formerly oC Elma I. Beard; thence a::ong said Beard land westwardly a distance of 150 feet to an iron pin at land of Ver~~on G. Hill; thence northxardly along said Hill land a distance of 250 feat to the ce:.iterline of Pine Raad, the place oC Beginnln$. HAVING thereo.~ erected a 2-story frame house, block and frame garage and frane shed, and being known es No. T~8 Pino Aoad, Carlisle, PA. BEING the cams premises xhich Larry E. Bear and San E. Sear, by deed dated and recorded August 8, 1977, in Cumberland County Deed Book 27 "I" 634, granted and conveyed Lo Larry E. Bear, one of the Grantors herein. .- {. "" . • • • ~ . . .~• • -• a, : ~ "~+ ,, . D :~:~ u ~.y r~ f h V .. •1 ':~~ l Certil:y this to be recorded In Cumberland County/jPA ~/ • ~~1 T I' Recorder of .Deeds i g~{ 1835PG3266 FORM 1 Green Planet Scrvicin<~, LLC IN 'T HE LOUR'T OF COMMON PL.[AS OF 1'laintitt~ CUMBERLAND CUUN~1'Y PENNSYL~:r~N I,A, , cr ,~ , ~~ ~Tr ~3~3 ~~ ~' ~ - Cynthia A. Mellott __._.___ _-- Civil ...4:~ p `~ Defendant ;~~ ` ~..,.~ ~ C"7 ~ r~ -r ~ f _ ~ ~ ._._ ~ t..,. NOTICE OF RESIDENTIAL MORTGAGE FORECLOL;~ 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 IS FREE. .~`~-~ 1 ~:-< <' . Respectfully submitt ~ ~/~/ r / Date ~ [Signature Counse , laintiffJ ,,, ~, %°" ~oa~~ 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: State: _ Zip: Yes ^ No CI Listing date: _ Price $ Realtor Phone: Yes^No^ State: Zip: ____ Home: Office: Cell: Other: How long? 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: How long? Date You Closed Your Loan: 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: 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): 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"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/Tuit. 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: 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 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: I/We, Phone: 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. 1/We understand that I/we am/are under no obiligation 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 counsel: f Proof of income 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) f Listing agreement (if property is currently on the market) Phone: 3