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HomeMy WebLinkAbout14-3143 Supreme Court-of Pennsylvania Cour l of Colrn rofi,Pleas %,) �\� For Prothonotary Use Only: Govek ,beet CUMBER AND4 `r' County Docket No: 4 . The information collected on this form is used solely for court administration purposes. This form does not supplement or replace thefiling and service ofpleadings or other papers as required by law or rules of court. S Commencement of Action: x❑Complaint ❑ Writ of Summons ❑Petition E ❑Transfer from Another Jurisdiction ❑Declaration of Taking C Lead Plaintiff's Name: PENNYMAC LOAN SERVICES, Lead Defendant's Name: JERRY A.WALMER,JR T LLC I Are money damages requested? ❑ Yes ❑x No Dollar Amount Requested: ❑ within arbitration limits 0 (Check one) ❑x outside arbitration limits N Is this a Class Action Suit? ❑Yes 19 No Is this an MDJ Appeal? ❑ Yes ❑x No A Name of Plaintiff/Appellant's Attorney: Michael Dingerdissen,Esq.,Id.No.317124,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 ❑Mortgage Foreclosure:Commercial ❑ Quo Warranto ❑Dental ❑Partition ❑ Replevin ❑Legal ❑Quiet Title ❑ Other: ❑Medical ❑Other: ❑Other Professional: Pa.R.C.P. 205.5 Updated 01/01/2011 alV tCf'JitL�T PENjSYZV PHELAN HALLINAN,LLP Michael Dingerdissen,Esq.,Id.No.317124 1.617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia,PA 19103 Michael.Dingerdissen@phelanhallinan.com 215-563-7000 PENNYMAC LOAN SERVICES, LLC 6101 CONDOR DRIVE, SUITE 200 COURT OF COMMON PLEAS MOORPARK, CA 93021 CIVIL DIVISION Plaintiff V. TERM V JERRY A. WALMER,JR NO. ) q 2110 WENTWORTH DRIVE CAMP HILL,PA 17011-7449 CUMBERLAND COUNTY BRENDA J.WALMER A/K/A BRENDA WALMER 2110 WENTWORTH DRIVE CAMP HILL,PA 17011-7449 Defendants CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE 0 S File#: 943618 �i # Al 0 2D � 1. Plaintiff is PENNYMAC LOAN SERVICES, LLC 6101 CONDOR DRIVE, SUITE 200 MOORPARK, CA 93021 2. The name(s) and last known address(es) of the Defendant(s) are: JERRY A. WALMER,JR 2110 WENTWORTH DRIVE CAMP HILL,PA 17011-7449 BRENDA J.WALMER A/K/A BRENDA WALMER 2110 WENTWORTH DRIVE CAMP HILL,PA 17011-7449 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/25/2003 JERRY A. WALMER, JR and BRENDA J. WALMER made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR COUNTRYWIDE HOME LOANS, INC., which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1810, Page 1296. By Assignment of Mortgage recorded 02/28/2014 the mortgage was assigned to PLAINTIFF,which Assigmnent is recorded in Assignment of Mortgage Instrument No. 201404317.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 the Plaintiff 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#: 943618 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2013 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 written 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 05/01/2014: Principal Balance $83,214.46 Interest $4,160.70 07/01/2013 through 05/01/2014 Late Charges $0.00 Property Inspections $60.00 Escrow Deficit $1,022.84 TOTAL $88,458.00 7. Plaintiff is not seeking a judgment of personal liability(or an in personam 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#: 943618 meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $88,458.00, 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 HALLINAN, LLP By: ichael Dingerdissen, Esq., Id.No.317124 Attorney for Plaintiff File#: 943618 LEGAL DESCRIPTION ALL THE following described property situate in the Township of Lower Allen, County of Cumberland, and Commonwealth of Pennsylvania, to wit: BOUNDED and described according to a Plan of Highland Estates Addition No. 2, made for Francis B.J. Branagan by D.P. Raffensperger, Registered Surveyor, Lemoyne, Pennsylvania, dated December 5, 1952, and recorded in the Office of the Recorder of Deeds of Cumberland County, in Plan Book 5, Page 51, as follows, to wit: BEGINNING at a point on the north side of Wentworth Drive (50 feet wide) said point being 340 feet west from the intersection of the west side of 21 st Street(50 feet wide) and the north side of Wentworth Drive (if both lines were extended to intersect); thence South 86 degrees 04 minutes West along the north side of Wentworth Drive, a distance of 22.17 feet to a point at a curve; thence by a curve to the right having a radius of 60 feet, an arc length of 94.34 feet to a point on the east side of Wentworth Drive; thence by same North 05 degrees West, a distance of 59.91 feet to a point at Lot No. 32; thence along the southern line of Lot No. 32,North 84 degrees 39 minutes East, a distance of 102.08 feet to a point at corner of Lot Nos. 33 and 30; thence along the western line of Lot No. 30, South 03 degrees 59 minutes West, a distance of 121.66 feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a one story frame dwelling numbered as 2110 Wentworth Drive, Camp Hill, Pennsylvania. BEING Lot No. 31 on the above referenced Plan. File#: 943618 BEING THE SAME PREMISES which William H. Blair, Jr. and Rhonda D. Blair,by deed dated July 23, 1999, and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 204,Page 640, granted and conveyed unto Jerry A. Walmer, Jr. and Brenda J. Walmer,Mortgagors herein. PROPERTY ADDRESS: 2110 WENTWORTH DRIVE, CAMP HILL, PA 17011-7449 PARCEL#13-23-0549-202. File#: 943618 VERIFICATION Mark Toscani Default Specialist 11 hereby states that he/she is of PENNYMAC LOAN SERVICES, LLC, Plaintiff in this matter, that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. PENNYMAC LOAN SERVICES, LLC DATE: -v— Name: Mark Toscani Title: Default Specialist ii PENNYMAC LOAN SERVICES, LLC 943618 Name: WALMER File#: 943618 FORM 1 IN THE COURT OF COMMON PIs-PAS PENNYMAC LOAN SERVICES,LLC OF CUMBERLAND COUNTY,PENNSAI-A Plaintiff(s) vs. -� JERRY A. WALMER,JR C BRENDA J. WALMER A/K/A BRENDA CC% WALMER Defendant(s) Civil 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 ase 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 Cout 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 arrangenents 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 woksheet 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 onference 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 Michael Dingerdissen,Esq.,Id.No.317124 Attorney for Plaintiff 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 ER/PRIMARY 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? 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 Id 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 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#: 943618 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY JC5r fip 3r! � ( Jj l ifr Pi -:OT lOjiif,/' RY i:';?i JUN ( 7 AN 9 CUMBERLAND COUNTY O Fi 9FTi EPENNSYLVANIA Pennymac Loan Services, LLC vs. Jerry A Walmer (et al.) Case Number 2014-3143 SHERIFF'S RETURN OF SERVICE 05/23/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Brenda J Walmer, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Lancaster, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to law. 05/28/2014 02:11 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Brenda J Walmer, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 2110 Wentworth Drive, Lower Allen, Camp Hill, PA 17011. Deputies were advised by ex-husband that the defendant now resides in Elizabethtown. 05/28/2014 02:11 PM - Deputy Jamie DiMartle, 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: Jerry A Walmer at 2110 Wentworth Drive, Lower Allen, Camp Hill, PA 17011. ! , J" ofu &4 oiZ4-L. ARTLE, DEPUTY 05/29/2014 02:26 PM - The requested Notice of Residential Mortgage Foreclos4re i' ersion Program and Complaint in Mortgage Foreclosure served by the Sheriff of Lancaster Count •on Brenda J Walmer, personally, at 232 N. Locust Street, Elizabethtown, PA 17022. Mark S. Reese, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $69.95 SO ANSWERS, June 04, 2014 (c) Cou:^:tySuite Sheriff, Teleosoft, RONR ANDERSON, SHERIFF Mark S. Reese Sheriff Marc Lancaster Chief Deputy SHERIFF'S OFFICE OF LANCASTER COUNTY w -A --*-1 r Charles Hamilton Lieutenant Brad Harris Solicitor PENNYMAC LOAN SERIVICES, LLC vs. BRENDAJ WALMER Case Number 2013-3143 SHERIFF'S RETURN OF SERVICE 05/29/2014 02:26 PM - SERVED THE COMPLAINT IN MORTGAGE FORECLOSURE (CIMF) BY PERSONAL SERVICE UPON BRENDA J WALMER AT 232 N LOCUST STREET, ELIZABETHTOWN, PA 17022. SO ANSWERS: DEPUTY KERRY GEIB, DEPUTY SHERIFF OF LANCASTER COUNTY, PA. KERRY GEIB, DEPUTY SHERIFF COST: $56.66 SO ANSWERS, May 30, 2014 DATE CATEGORY MARK S. REESE, SHERIFF 05/28/2014 Advance Fee 05/28/2014 Receiving, Docketing & Return 05/28/2014 Service 05/28/2014 Affidavit 05/28/2014 Deputy Time 05/28/2014 Copies 05/29/2014 Service Mileage 05/30/2014 Refund COSTS MEMO Advance Fee CHK # DEBIT CREDIT 150 $0.00 $150.00 $9.00 $9.00 $2.50 $10.00 $6.00 $20.16 $93.34 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 BALANCE: $150.00 $150.00 $0.00 [tiff Attorney: PHELAN' HALLINAN, LLP, ONE PENN (c) oSheriff, Inc. BOULEVARD, SUITE 1400, _PHILADELPHIA PA 1 PHELAN HALLINAN, LLP BY: Joseph P. Schalk, Esquire Identification No: 91656 126 Locust Street Harrisburg, PA 17101 (215)563-7000 joseph.schalk@phelanhallinan.com PENNYMAC LOAN SERVICES, LLC 6101 CONDOR DRIVE, SUITE 200 MOORPARK, CA 93021 Plaintiff v. JERRY A. WALMER, JR 2110 WENTWORTH DRIVE CAMP HILL, PA 17011-7449 BRENDA J. WALMER A/K/A BRENDA WALMER 2110 WENTWORTH DRIVE CAMP HILL, PA 17011-7449 Defendants THE PROTHON'3TAF';' 2015JA',-2 AM(0:23 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 14 -3143 -Civil CUMBERLAND COUNTY MOTION TO LIFT CONCILIATION STAY Plaintiff, PennyMac Loan Services, LLC. (hereinafter "Plaintiff'), by its attorney, Joseph P. Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On May 23, 2014, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendants Jerry A. Walmer, Jr. and Brenda J. Walmer a/k/a Brenda Walmer (hereinafter "Defendants") for the failure to make monthly payments of principal and interest upon their 943618 mortgage due August 1, 2013, and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit "A". 2. On May 29, 2014, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure Diversion Program Certification Cover Sheet upon the Defendant. A true and correct copy of the Affidavit of Service is attached hereto, made part hereof and marked as Exhibit "B". 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the Foreclosure action is stayed for sixty (60) days from the date of service. 4. Within 60 days after service of the complaint, the Defendant may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request, the Court will schedule a Conciliation Conference. The program provides that Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 5. If more than sixty (60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendant has failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 7. Since Defendant has opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. 943618 WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic stay be lifted. Date: 943618 BY: Respectfully submitted, PHELAN HALLINAN, LLP p P . Schalk, Esquire rney for Plaintiff PHELAN HALLINAN, LLP BY: Joseph P. Schalk, Esquire Identification No: 91656 126 Locust Street Harrisburg, PA 17101 (215)563-7000 joseph.schalk@phelanhallinan.com PENNYMAC LOAN SERVICES, LLC 6101 CONDOR DRIVE, SUITE 200 COURT OF COMMON PLEAS MOORPARK, CA 93021 Plaintiff CIVIL DIVISION v. TERM JERRY A. WALMER, JR 2110 WENTWORTH DRIVE NO. 14 -3143 -Civil CAMP HILL, PA 17011-7449 CUMBERLAND COUNTY BRENDA J. WALMER A/K/A BRENDA WALMER 2110 WENTWORTH DRIVE CAMP HILL, PA 17011-7449 Defendants CERTIFICATION OF SERVICE I, Joseph P. Schalk, Esquire, certify that I caused true and correct copies of Plaintiffs Motion to Lift Conciliation Stay and proposed Order to be sent sent via first class mail to the person listed below on the date indicated: Jerry A. WAlmer 2110 Wentworth Drive Camp Hill, PA 17011 Brenda J. Walmer 232 N. Locust Street Elizabethtown, PA 17022 Date: 11-31 \1`( B 943618 +, 4 'ph'. Scha k, Esquire Atte ney for Plaintiff Exhibit "A" PHELAN HALLINAN, LLP Michael Dingerdissen, Esq., Id. No.317124 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Michael.Dingerdissen®phelanhallinan.com 215-563-7000 PENNYMAC LOAN SERVICES, LLC 6101 CONDOR DRIVE, SUITE 200 MOORPARK, CA 93021 Plaintiff v. JERRY A. WALMER, JR 2110 WENTWORTH DRIVE CAMP HILL, PA 17011-7449 BRENDA J. WALMER A/K/A BRENDA WALMER 2110 WENTWORTH DRIVE CAMP HILL, PA 17011-7449 Defendants uC THE F'ROTHO�NOTAii; 2014HAY 23 AM le; CUMBERLAND COUORNEYFLE COP% PENNSYLVANIA' p1_EASE RETURN AltiebnonlYtbalsaki MbeiNignalledialIZY ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. )Lf3J%/ v� CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File N: 943618 s E C T I 0 N A s E C T I 0 N B Supreme Court -of Pennsylvania tiA4 40 , ;P[eas eet. County For Prothonotary Use Only: Docket No: The information collected on this form is used solely for court administration purposes. This form does not upplentent or replace the ling and service ofpleadings or other papers as required by law or rules t f court. Commencement of Action: 0 Complaint 0 Writ of Summons 0 Petition 0 Transfer from Another Jurisdiction 0 Declaration of Taking Lead Plaintiff's Name: PENNYMAC LOAN SERVICES, LLC Lead Defendant's Name: JERRY A. WALMER, JR Dollar Amount Requested: • within arbitration limits Are money damages requested? • Yes 0 No (Check one) © outside arbitration limits Is this a Class Action Suit? 0 Yes © No Is this an NIDJ Appeal? • Yes © No Name of Plaintiff/Appellant's Attorney: Michael Dingerdissen, Esq., Id. No.317124, Phelan Hallinan, LLP (are a Self -Represented [Pro Se] Litigant) • Check here if you have no attorney 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) ❑ Intentional ❑ Malicious Prosecution ❑ Motor Vehicle O Nuisance ❑ Premises Liability O Product Liability (does not include mass tort) ❑ Slander/Libel/ Defamation ❑ Other: MASS TORT 0 Asbestos ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant ❑ Toxic Waste ❑ Other: PROFESSIONAL LIABILITY ❑ Dental ❑ Legal ❑ Medical ❑ Other Professional: Pa.R.C.P. 205.5 CONTRACT (do not include Judgments) ❑ Buyer Plaintiff ❑ Debt Collection: Credit Card ❑ Debt Collection: Other ❑ Employment Dispute: Discrimination ❑ Employment Dispute: Other 0 Other: REAL PROPERTY ❑ Ejectment O Eminent Domain/Condemnation ❑ Ground Rent ❑ Landlord/Tenant Dispute ® Mortgage Foreclosure: Residential ❑ Mortgage Foreclosure: Commercial ❑ Partition ❑ Quiet Title ❑ Other: CIVIL APPEALS Administrative Agencies ❑ Board of Assessment 0 Board of Elections ❑ Dept. of Transportation O Statutory Appeal: Other ❑ Zoning Board ❑ Other: MISCELLANEOUS ❑ Common Law/Statutory Arbitration O Declaratory Judgment ❑ Mandamus O Non -Domestic Relations Restraining Order ❑ Quo Warranto ❑ Replevin ❑ Other: Updated 01/01/2011 FORM 1 IN THE COURT OF COMMON PLEAS PENNYMAC LOAN SERVICES, LLC OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. JERRY A. WALMER, JR BRENDA J. WALMER A/K/A BRENDA WALMER Defendant(s) Civil 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 aIle 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 Cout 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 arrangenents 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 woksheet 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 onference 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. 5/22 /1 Date Respectfully submitted: Michael Dingerdissen, Esq., Id. No.317124 Attorney for Plaintiff 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: Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes [1] No ❑ Listing date: Price: $ Realtor Name: _ Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: Phone Numbers: Email: # of people in household: Horne: Cell: State: Zip: Office: • Other: How long? CO -BORROWER Mailing Address: City: Phone Numbers: Email: Home: Cell: Office:. Other: State: Zip: # 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 D No 0 If yes, provide names, location of court, case number & attorney:. Assets Amount Owed: Value: Horne: $ $ 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: 2xnonthly amount: . Borrower Pay Days: Co -Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2nd 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 Day/Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes 0 No 0 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 El If yes, please indicate the status of the 14451icMinn: . Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes D No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender grid lender's loan servicing company: Lender's Contact (Name): Phones._ Servicing Company (Name):... Contact: Phone: UWe, , 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 Uwe 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 PHELAN HALLINAN, LLP Michael Dingerdissen, Esq., Id. No.317124 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Michael.Dingerdissen@phelanhallinan.com 215-563-7000 ATTORNEY FOR PLAINTIFF PENNYMAC LOAN SERVICES, LLC 6101 CONDOR DRIVE, SUITE 200 COURT OF COMMON PLEAS MOORPARK, CA 93021 CIVIL DIVISION Plaintiff v: TERM JERRY A. WALMER, JR 2110 WENTWORTH DRIVE CAMP HILL, PA 17011-7449 BRENDA J. WALMER A/K/A BRENDA WALMER 2110 WENTWORTH DRIVE CAMP HILL, PA 17011-7449 File #: 943618 Defendants NO: CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is PENNYMAC LOAN SERVICES, LLC 6101 CONDOR DRIVE, SUITE 200 MOORPARK, CA 93021 2. The name(s) and last known address(es) of the Defendant(s) are: JERRY A. WALMER, JR 2110 WENTWORTH DRIVE CAMP HILL, PA 17011-7449 BRENDA J. WALMER A/K/A BRENDA WALMER 2110 WENTWORTH DRIVE CAMP HILL, PA 17011-7449 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3.; On 04/25/2003 JERRY A. WALMER, JR and BRENDA J. WALMER made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR COUNTRYWIDE HOME LOANS, INC., which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1810, Page 1296. By Assignment of Mortgage recorded 02/28/2014 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment of Mortgage Instrument No. 201404317.The tnortgage 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 the Plaintiff 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 #: 943618 5,. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2013 and each month thereafter are due and unpaid, and by the tenns of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written 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 05/01/2014: Principal Balance Interest 07/01/2013 through 05/01/20 4 Late Charges Property Inspections Escrow Deficit TOTAL $83,214.46 $4,160.70 $0.00 $60.00 $1,022.84 $88,458.00 7, Plaintiff is not seeking a judgment of personal liability (or an in personam 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 Pile #: 943618 meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9: This action does not come under. Act 91 of 1983 because the mortgage is FHA -insured. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $88,458.00, 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. By: File tf: 943618 PHELAN HALLINAN, LLP iclaael Ping: rOks. n, Esq., Id. No.317124 Attorney for Plaintiff LEGAL DESCRIPTION ALL THE following described property situate in the Township of Lower Allen, County of Cumberland, and Commonwealth of Pennsylvania, to wit: BOUNDED and described according to a Plan of Highland Estates Addition No. 2, made for Francis B.J. Branagan by D.P. Raffensperger,.Registered Surveyor, Lemoyne, Pennsylvania, dated December 5, 1952, and recorded in the Office of the Recorder of Deeds of Cumberland County, in Plan Book 5, Page 51, as follows, to wit: BEGINNING at a point on the north side of Wentworth Drive (50 feet wide) said point being 340 feet west from the intersection of the west side of 21st Street (50 feet wide) and the north side of Wentworth Drive (if both lines were extended to intersect); thence South 86 degrees 04 minutes West along the north side of Wentworth Drive, a distance of 22.17 feet to a point at a curve; thence by a curve to the right having a radius of 60 feet, an arc length of 94.34 feet to a point on the east side of Wentworth Drive; thence by same North 05 degrees West, a distance of 59.91 feet to a point at Lot No. 32; thence along the southern line of Lot No. 32, North 84 degrees 39 minutes East, a distance of 102.08 feet to a point at corner of Lot Nos. 33 and 30; thence along the western line of Lot No. 30, South 03 degrees 59 minutes West, a distance of 121.66 feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a one story frame dwelling numbered as 2110 Wentworth Drive, Camp Hill, Pennsylvania. • BEING Lot No. 31 on the above referenced Plan. Tile #: 943618 BEING THE SAME PREMISES which William H. Blair, Jr. and Rhonda D. Blair, by deed dated July 23, 1999, and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 204, Page 640, granted and conveyed unto Jerry A. Walmer, Jr. and Brenda J. Walmer, Mortgagors herein. PROPERTY ADDRESS: 2110 WENTWORTH DRIVE, CAMP HILL, PA 17011-7449 PARCEL #13-23-0549-202. File #: 943618 VERIFICATION Mark Toscani Default Specielis ,:hereby states that he/she is of PENNYMAC LOAN SERVICES, LLC, Plaintiff in this matter, that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 943618 Name: WALMER File #: 943618 PENNYMAC LOAN SERVICES, LLC Na e: Mark Toscani Title: Default Specialist II PENNYMAC LOAN SERVICES, LLC Exhibit "B" t Mark S. Reese Sheriff Marc Lancaster Chief Deputy SHERIFF'S OFFICE OF LANCASTER COUNTY • Brad Harris Solicitor Charles Hamilton Lieutenant PENNYMAC LOAN SERIVICES, LLC vs. BRENDA J WALMER Case Number 2013-3143 SHERIFF'S RETURN OF SERVICE 05/29/2014 02:26 PM - SERVED THE COMPLAINT IN MORTGAGE FORECLOSURE (CIMF) BY PERSONAL SERVICE UPON BRENDA J WALMER AT 232 N LOCUST STREET, ELIZABETHTOVVN, PA 17022. SO ANSWERS: DEPUTY KERRY GEIB, DEPUTY SHERIFF OF LANCASTER COUNTY, PA SHERIFF COST: $56.66 May 30, 2014 DATE CATEGORY MEMO •••°°et' KERRY GEIB, DEPUTY SO ANSWERS, owl". e4 MARK S. REESE, SHERIFF 41.11MIVIalit-MORP11-111stAglYreftga CHK # DEBIT CREDIT 05/28/2014 05/28/2014 05/28/2014 05/28/2014 05/28/2014 05a8/2014 05/29/2014 05/30/2014 Advance Fee Receiving, Docketing & Retum Service Affidavit Deputy Time Copies Service Mileage Refund Advance Fee 150 $0.00 $9.00 $9.00 $2.50 $10.00 $6.00 $20.16 $93.34 $150.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 'HANAL BALANCE: $150.00 $150.00 $0.00 • E Alatt3FxsoutzvARD S. IT 2.140(14 P I (c) CountySuite Sheriff, Teleoscil: Inc Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 00, at Enmhrrio OFFICE OF THE SHERIFF Pennymac Loan Services, LLC vs. Case Number Jerry A Walmer (et al.) 2014-3143 SHERIFF'S RETURN OF SERVICE 05/23/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Brenda J Weimer, but was unable to locate the Defendant in the Sheriff's bailiwick. The Sheriff therefore deputizes the Sheriff of Lancaster, Pennsylvania to serve the within Notice of Residential. Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to law. 05/28/2014 02:11 PM - Ronny R Anderson, Sheriff, being duly swom according to law, states he made diligent search and inquiry for the within named Defendant to wit: Brenda J Weimer, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore retums the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at, 2110 Wentworth Drive, Lower Allen, Camp Hill, PA 17011. Deputies were advised by ex-husband that the defendant now resides in Elizabethtown. 05/28/2014 02:11 PM - Deputy Jamie DiMartle, being duly swom 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: Jerry A Walmer at 2110 Wentworth Drive, Lower Allen, Camp Hill, PA 17011. Oe. T 7i15 04k.i JAMI • DI ARTLE, DEPUTY 05/29/2014 02:26 PM - The requested Notice of Residential Mortgage Foreclo ,re ' •ersion Program and Complaint in Mortgage Foreclosure served by the Sheriff of Lancaster Coun • •n Brenda J Walmer, personally, at 232 N. Locust Street, Elizabethtown, PA 17022. Mark S. Reese, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $69.95 SO ANSWERS, June 04, 2014 C •L (c) CountySulte Sheriff, Teleosoft, Inc. X:i°9 RONR ANDERSON, SHERIFF C .: �.r IN THE COURT OF COMMON. PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PENNYMAC LOAN SERVICES, LLC 6101 CONDOR DRIVE, SUITE 200 COURT OF COMMON PLEAS MOORPARK, CA 93021 Plaintiff CIVIL DIVISION v. TERM JERRY A. WALMER, JR 2110 WENTWORTH DRIVE NO. 14 -3143 -Civil CAMP HILL, PA 17011-7449 C) CUMBERLAND COUN BRENDA J. WALMER rn cu rn A/K/A BRENDA WALMER m 2110 WENTWORTH DRIVE .."'� Z> CAMP HILL, PA 17011-7449 r-- Defendants = r,' -1= GJ =--i N ORDER - ' s AND NOW, this ! V ' day of 9111. 7, 201,x, upon consideration of Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. cc: Jpry A. Walmer da J. Walmer —Joseph P. Schalk, Esquire, Id. No. 91656 943618 e .i s PZ i 1C4-1--1l/Ais_�7'!'�