HomeMy WebLinkAbout13-5540 Supreme Court-.of. Pennsylvania
Cour:' : "f Common Pleas
For Prothonotary Use Only:
tv1l�Covei?� beet
CUIVIBEAND� County Docket No:
�_ C ��
The information collected on this form is used solely for court administration purposes. This form does not
supp lement or replace the filing and service ofpleadings or other papers as required by law or rules of court.
S Commencement of Action:
O Complaint ❑ Writ of Summons ❑ Petition
E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking
C Lead Plaintiff's Name: JPMC SPECIALTY MORTGAGE Lead Defendant's Name: STEPHEN D. TUCKER
T LLC F /K/A WM SPECIALTY MORTGAGE LLC
I Are money damages requested? El Yes 9 No Dollar Amount Requested: El within arbitration limits
0 (Check one) Z outside arbitration limits
N Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJ Appeal? ❑ Yes ❑x No
A Name of Plaintiff /Appellant's Attorney: John Michael Kolesnik Esq. , Id. No.308877, Phelan Hallinan, LLP
❑ Check here if you have no attorney (are a Self - Represented [Pro Se] Litigant)
Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
❑ Intentional ❑ Buyer Plaintiff Administrative Agencies
❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment
❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections
❑ Nuisance ❑ Dept. of Transportation
• Premises Liability ❑ Statutory Appeal: Other
• Product Liability (does not
S include mass tort) ❑ Employment Dispute:
• Slander/Libel/ Defamation Discrimination
E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board
C ❑ Other:
T
I MASS TORT ❑ Other:
0 ❑ Asbestos
N ❑ Tobacco
• Toxic Tort - DES
• Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS
• Toxic Waste ❑ Ejectment ❑ Common Law/Statutory Arbitration
B ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment
❑ Ground Rent ❑ Mandamus
❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations
® Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABILITY El Mortgage Foreclosure: Commercial ❑ Quo Warranto
❑ Partition ❑ Replevin
❑ Dental ❑ Quiet Title ❑ Other:
❑ Legal ❑ Other:
❑ Medical
❑ Other Professional:
Pa.R.C.P. 205.5 Updated 01/01/2011
PR0THONOTAR;
2013 SEP 23 AM 9: 52
CUMBERL AND. COUNTY
PENNSYLVANIA
PHELAN HALLINAN, LLP
John Michael Kolesnik, Esq., Id. No.308877
1617 JFK Boulevard, Suite 1400
One Penn' Center Plaza ATTORNEY FOR PLAINTIFF
Philadelphia, PA 19103
John.Kolesnik@phelanhallinan.com
215 -563 -7000
JPMC SPECIALTY MORTGAGE LLC F/K/A WM
SPECIALTY MORTGAGE LLC COURT OF COMMON PLEAS
10790 RANCHO BERNARDO RD
SAN DIEGO, CA 92127 CIVIL DIVISION
Plaintiff TERM
V. 1V�
NO. 1
STEPHEN D. TUCKER
1 QUEEN ANNE CUMBERLAND COUNTY
CAMP HILL, PA 17011 -1733
JEAN E. TUCKER
1 QUEEN ANNE
CAMP HILL, PA 17011 -1733
THE UNITED STATES OF AMERICA C/O THE
UNITED STATES ATTORNEY FOR THE MIDDLE
DISTRICT OF PA
228 WALNUT STREET, SUITE 220, PO BOX 11754
HARRISBURG, PA 17108 -1754
Defendants
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE _
File #: 928 ] 89 Q
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(J" N 9-0 �
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aaSq�S
1. Plaintiff is
JPMC SPECIALTY MORTGAGE LLC F/K/A WM SPECIALTY MORTGAGE LLC
10790 RANCHO BERNARDO RD
SAN DIEGO, CA 92127
2. The name(s) and last known address(es) of the Defendant(s) are:
STEPHEN D. TUCKER
I QUEEN ANNE
CAMP HILL, PA 17011 -1733
JEAN E. TUCKER
1 QUEEN ANNE
CAMP HILL, PA 17011 -1733
THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR
THE MIDDLE DISTRICT OF PA
228 WALNUT STREET, SUITE 220, PO BOX 11754
HARRISBURG, PA 17108 -1754
who is /are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 07/11/2003 STEPHEN D. TUCKER and JEAN E. TUCKER made, executed and
delivered a mortgage upon the premises hereinafter described to ARGENT MORTGAGE
COMPANY, LLC , which mortgage is recorded in the Office of the Recorder of Deeds of
CUMBERLAND County, in Mortgage Book 1826, Page 1766. By Assignment of
Mortgage recorded 07/09/2007 the mortgage was assigned to WM SPECIALTY
MORTGAGE, LLC , which Assignment is recorded in Assignment of Mortgage Book
738, Page 1862.The mortgage and assignment(s), if any, are matters of public record and
are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule
relieves WM SPECIALTY MORTGAGE, LLC from its obligations to attach documents
to pleadings if those documents are of public record.
4. The premises subject to said mortgage is described as attached.
File #: 928189
5. ° The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 01/01/2013 and each month thereafter are due and unpaid, and by the terms
of said mortgage, upon failure of Mortgagor to make such payments after a date specified
by writt en notice sent to Mortgagor, the entire principal balance and all interest due
thereon are collectible forthwith.
6. The following amounts are due on the mortgage as of 08/07/2013:
Principal Balance $127,991.42
Interest from $6,026.28
12/01/2012 through 07/31/2013
Late Charges $472.84
Property Inspections $70.00
Appraisal/Brokers Price Opinion $310.00
Escrow D@f;GW $2,280.35
TOTAL $137,150.89
7. Plaintiff is not seeking a judgment of personal liability (or an in l2ersonam judgment)
against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a
separate Action to establish that right, if such right exists. If Defendant(s) has/have
received a discharge of personal liability in a bankruptcy proceeding, this Action of
Mortgage Foreclosure is in no way an attempt to reestablish such personal liability
discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged
premises pursuant to Pennsylvania Law.
8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's
Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in
2008, and /or Notice of Default as required by the mortgage document, as applicable,
have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary
stay as provided by said notice has terminated because Defendant(s) has/have failed to
File #: 928189
meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have
been denied assistance by the Pennsylvania Housing Finance Agency.
9. The United States of America is made a Defendant herein pursuant to 28 U.S.C. 2410,
because of federal tax liens that have been filed with the Prothonotary of
CUMBERLAND County in the Judgment Index Unit as follows:
(A). United States vs. STEPHEN D. TUCKER, JEAN E. TUCKER;
CUMBERLAND Docket No. 2006 - 04513; Filed 08/07/2006; in the amount of
$24,581.28
.(B). United States vs. STEPHEN D. TUCKER, JEAN E. TUCKER;
CUMBERLAND Docket No. 2010 - 01182; Filed 02/19/2010; in the amount of
$12,071.44
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$137,150.89, together with interest, costs, fees, and charges collectible under the mortgage
including but not limited to attorney fees and costs, and for the foreclosure and sale of the
mortgaged property.
PHELAN LINAN, LLP
By:
Joh 2hael Kolesnik, Esq., Id. No.308877
A orney for Plaintiff
File #: 928189
LEGAL DESCRIPTION
All that certain lot or tract of land situate in East Pennsboro Township, Cumberland County,
Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit:
Beginning at a point on the Northern right -of -way line of Queen Anne Court as the dividing line
of Lot No. 16 and Lot No. 17 as shown on a Final Subdivision Plan of Victoria Glen Section II;
thence by aforementioned dividing line North 06 degrees 30 minutes 10 seconds East 162.13 feet
to a point on line of land now or formerly of Ridley Park recorded in Deed Book N, Volume 19,
Page 559; thence by aforementioned lands North 79 degrees 53 minutes 56 seconds East 49.00
feet to a point on the dividing line of Lot No. 15 and Lot No. 16; thence by aforementioned
dividing line South 09 degrees 19 minutes 57 seconds East 164.59 feet to a point on the northern
right -of -way line of Victoria Way; thence by aforementioned right -of -way line by a curve to the
left having a radius of 200.00 feet an arc length of 23.53 feet to a point; thence by same by a
curve to the right having a radius of 15.00 feet an arc length of 21.46 feet to a point on the
northern right -of -way line of Queen Anne Court; thence by aforementioned right -of -way line
North 71 degrees 51 minutes 30 seconds West 66.89 feet to a point being the place of Beginning.
Being Lot No. 16 as shown on a Final Subdivision Plan of Victoria Glen Section II, recorded in
Plan Book 49, Page 49.
Tax ID #: 09 -17- 1042 -187
PROPERTY ADDRESS: 1 QUEEN ANNE, CAMP HILL, PA 17011 -1733
PARCEL #09 -17- 1042 -187
File #: 928189
Pennsylvania Verification
Stephanie Blouin , hereby states that he she is Vice President
JPMC Specialty Mortgage LLC the Plaintiff
in this matter, and is authorized to make this Verification. The statements of fact
contained in the foregoing Civil Action in Mortgage Foreclosure are true and
correct to the best of my information, and belief. I understand that this statement
is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn
falsification to authorities.
Stephanie tlouin
Vice President
Date: 09/10/13
JPMC Specialty Mortgage LLC
Borrower: Stephen D. Tucker and Jean E. Tucker
Property Address: 1 Queen Anne, Camp Hill, PA. 17011 -1733
County: Cumberland
Last Four of Loan Number: 9706
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 ATTORNEY
REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249 -3166
(800) 990 -9108
File #: 928189
FORM 1
A
IN THE COURT OF COMMON PLEAS
JPMC SPECIALTY MORTGAGE LLC F/K/A WM OF CUMBERLAND COUNTY, PENNSYLVANIA
SPECIALTY MORTGAGE LLC
Plaintiff(s)
CD
vs.
STEPHEN D. TUCKER
JEAN E. TUCKER (Pr~ ry
THE UNITED STATES OF AMERICA C/O THE -< W —+
UNITED STATES ATTORNEY FOR THE xs• p
MIDDLE DISTRICT OF PA
/ J' �J �'
Defendant ) evil U
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE N
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) 2439400
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 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 willhave 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 liat 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
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
arguments 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.
Respectfully submitted:
Date J n Michael Kolesnik, Esq., Id.
0.308877
Attorney for Plaintiff
.n
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 counseling agency. Please provide the following information to
the best of your knowledge:
CUSTOM .. APPLICANT
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 in household: How long?
CO-BORROWER
Mailing Address:
City: State: Zip
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
FINANCIAL INFORMATION
First Mortgage Lender:
Type of Loan:
Loan Number: Date You Closed Your Loan:
Second Mortgage Lender:
Type of Loan:
Loan Number:
Total Mortgage Payments 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:
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. Monthly Gross Monthly Net
2. Monthly Gross Monthly Net
3. Monthly Gross Monthly Net
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 nd 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 Su ort/Alim. Spending Mone
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
delinquency?
Yes ❑ No ❑
If yes, please indicate the status of those negotiations:
Please provide the following information, if known, regarding your lender and lender's loan servicing
company:
Lender's Contact (Name): Phone:
Servicing Company (Name):
Contact: Phone:
AUTHORIZATION
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 obligation to
use the counseling 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:
1. Proof of income
2. Past 2 bank statements
3. Proof of any expected income for the last 45 days
4. Copy of a current utility bill
5. Letter explaining reason for delinquency and any supporting documentation (hardship
letter)
6. Listing agreement (if property is currently on the market)
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson t,.il'
Sheriff ��,tc�����9•�.:fafa���,���� `;F �"�
Jody S Smith k 2013 OCT Chief Deputy � �� _ PH 2:
Richard W Stewart � r C8Jfv9 E � 1 ti,y
Solicitor rat r _ IrF P F-. N S Y LV A H I A
JPMC Specialty Mortgage LLC Case Number
vs. 2013-5540
Stephen D Tucker(et al.)
SHERIFF'S RETURN OF SERVICE
09/27/2013 05:00 PM-Deputy Stephen Bender, being duly sworn according to law, served the requested Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by
"personally"handing a true copy to a person representing themselves to be the Defendant, to wit:
Stephen D Tucker at 1 Queen Anne Court, East Pennsboro, Camp Hill, PA 17011.
STEPHEN BENDER, DEPUTY
09/27/2013 05:00 PM- Deputy Stephen Bender, 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 STEPHEN TUCKER HUSBAND, who accepted as
"Adult Person in Charge"for Jean E Tucker at 1 Queen Anne Court, East Pennsboro, Camp Hill, PA
17011.
STEPHEN BENDER, DEPUTY
SHERIFF COST: $80.95 SO ANSWERS,
September 30, 2013 RONW R ANDERSON, SHERIFF
(C)CountySuite Sheriff,Teteosoft,;nc.
r f
AFFIDAVIT OF SERVICE
PLAINTIFF CUMBERLAND COUNTY
JPMC SPECIALTY MORTGAGE LLC F/KJA WM SPECIALTY
MORTGAGE LLC PH#928189
DEFENDANT SERVICE TEAM/mig
STEPHEN D.TUCKER COURT NO.: 13-5540-CIVIL
JEAN E.TUCKER
THE UNITED STATES OF AMERICA C/O THE UNITED STATES y
ATTORNEY FOR THE MIDDLE DISTRICT OF PA 'U t ,
rn
SERVE THE UNITED STATES OF AMERICA C/O THE UNITED TYPE OF ACTION
STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA AT: XX Mortgage Foreclosure (P y {•-
MAIN JUSTICE BUILDING XX Civil Action
950 PENNSYLVANIA AVENUE,N.W. L C`
WASHINGTON,DC 20530 _
r � ago
SERVED G.'
Served and made known to THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR
THE MIDDLE DISTRICT OF PA,Defendant on the–fie' day of Dc--r- ,2013,at
C '4'S,o'clock A.M.,at 54I A- • Ai3 ; ,in the manner described below:
Defendant personally served.
Adult family member with whom Defendant(s)reside(s).
Relationship is
_Adult in charge of Defendant's residence who refused to give name or relationship.
_Manager/Clerk of place of lodging in which Defendant(s)reside(s).
went or person in charge of Defendant's office or usual place of business. 57-F/rJ DM .A495 Gz EiC�
an officer of said Defendant's company.
Other:
Description: Age =.2J`S Height (.a':c`' Weight c.vc Race, Sex /'( Other
I, vflwtS Cc ,a competent adult,being duly sworn according to law,depose and state that I personally
handed a true and correct copy of the Foreclosure Complaint in the manner as set forth herein,is,40lbf L��a�eptioned
case on the date and at the address indicated above. ‘� LA-7 ,
•
Sworn to and sub�sc'�!bed Z.' �Q. ON T,,;s
before me this 1'!" day ir.O�'
of 0 - ,201 e�S .as-G,„• S .�U_
NOT SERVED �i VI�••'J���
1 � day of 20_,at o'clock_.M.,I, ,a compeftay i IRi by-kkal'a that
- endantNOTFO D se ause: 41fH{Ili0
Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant)
_No Answer on at • at
Service Refused
Other:
Sworn to and subscribed
before me this day
of ,20 . By:
Notary: ATTORNEY FOR PLAINTIFF Chrisovalante P.Fliakos,Esq.,Id.No.94620
Lawrence T.Phelan,Esq.,Id.No.32227 Courtenay R.Dunn,Esq.,Id.No.206779
Francis S.Hallinan,Esq.,Id.No.62695 Allison F.Zuckerman,Esq.,Id.No.309519
Daniel G.Schmieg,Esq.,Id.No.62205 Melissa J.Cantwell,Esq.,Id.No.308912
Michele M.Bradford,Esq.,Id.No.69849 Mario J.Hanyon,Esq.,Id.No.203993
Judith T.Romano,Esq.,Id.No.58745 John M.Kolesnik,Esq.,Id.No.308877
Jenine R.Davey,Esq.,Id.No.87077 Matthew G.Brushwood,Esq.,Id.No.310592
Lauren R.Tabas,Esq.,Id.No.93337 Zachary J.Jones,Esq.,Id.No.310721
Jay B.Jones,Esq.,Id.No.86657 Justin F.Kobeski,Esq.,Id.No.200392
Andrew L.Spivack,Esq.,Id.No.84439 Adam Davis,Esq.,Id.No.203034
JOSEPH E.DEBARBERIE,Esq.,Id.No.
315421