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Home My WebLink About14-3565 10 s' For Prothonotary Use Only: Suprem e. Court-of Penns Ivan[a, auI Pleas Wit. k '� Docket No. tYt and Cow V 5'(� Y -3 The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and sen4ce ofpleadings or other papers as required by law or rules of court. Commencement of Action: t �'' ®Complaint ❑ Writ of Summons ❑ Petition "K . ❑Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiffs Name:Sun West Mortgage Company,Inc. Lead Defendants Name:Bernice K.Walter ,,T*..ti Are there money damages requested? ❑Yes ®No Dollar Amount Requested: ❑within arbitration limits U (check one) ❑outside arbitration limits =�N' Is this a Class Action Suit? 11Yes ® No Is this an MDJAppeal? ❑Yes ® No A, Name of Plaintiff/Appellant's Attorney:McCabe,Weisberg&Conway,P.C. ❑ Check here if you have no attorney(a Self-Represented [Pro Sed 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 ❑Department of Transportation ❑Premises Liability(does not include ❑ Statutory Appeal:Other S mass tort) E ❑Slander/Libel/Defamation ❑Employment Dispute: ❑Other: Discrimination C ❑Employment Dispute:Other ❑Zoning Board T ❑Other O"' : ❑Other MASS TORT N ❑Asbestos ❑Tobacco ❑Toxic Tort-DES ❑Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS B ❑Toxic Waste ❑Common Law/StatutoryArbitration ❑Ejectment 11 Other: gm ❑Eminent Domain/Condemnation ❑Declaratory Judgment ❑Ground Rent ❑Mandamus ❑Landlordfrenant Dispute ❑Non-Domestic Relations ®Mortgage Foreclosure:Residential Restraining Order ❑ uo Warranto PROFESSIONAL LIABILITY ❑Mortgage Foreclosure:Commercial Q ❑Dental ❑Partition ❑Replevin ❑Legal ❑Quiet Title ❑Other: ❑Medical ❑Other: i ❑Other Professional: L_ Updated 1/12011 �(tl?_(��3�ry-LrfE (t�'I C�_ E f ROdiil,'NO1} CUMBERLAND COUNTY PENNSYLVANIA McCABE,WEISBERG& CONWAY,P.C. Attorneys for Plaintiff 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 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 CELINE P.DERKRIKORIAN,ESQUIRE-ID# 313673 JENNIFER L.WUNDER,ESQUIRE-ID#315954 LENA KRAVETS,ESQUIRE-ID#316421 CAROL A.DiPRINZIO,ESQUIRE-ID# 316094 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 Sun West Mortgage Company,Inc. Cumberland County 18303 Gridley Road Court of Common Pleas Cerritos, CA 90703 Numberj� � 5'L Jh- V. / Bernice K. Walter 515 East Marble Street Mechanicsburg,PA 17055 COMPLAINT IN MORTGAGE FORECLOSURE y � � -31 3Old'-3 File# 14-100472 Page I NOTICE AVISO You have been sued in court. If you wish to Le han demandado a usted en la corte. Si defend against the claims set forth in the usted quiere defenderse de estas demandas following pages,you must take action within ex-puestas en las paginas siguientes, usted twenty (20) days after this complaint and tiene veinte (20) dias de plazo al partir de la notice are served, by entering a written fecha de la demanda y la notificacion. Hace appearance personally or by attorney and falta asentar una comparencia escrita o en filing in writing with the court your defenses persona o con un abogado y entregar a la corte or objections to the claims set forth against en forma escrita sus defensas o sus objeciones you. You are warned that if you fail to do so a las demandas en contra de su persona. Sea the case may proceed without you and a avisado que si usted no se defiende, la corte judgment may be entered against you by the tomara medidas y puede continuar la demanda court without further notice for any money en contra suya sin previo aviso o notificacion. claimed in the complaint or for any other Ademas, la corte puede decidir a favor del claim or relief requested by the plaintiff. You demandante y requiere que usted cumpla con may lose money or property or other rights todas las provisiones de esta demanda. Usted important to you. puede perder dinero o sus propiedades u otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU USTED LE DEBE TOMAR ESTE DO NOT HAVE A LAWYER, GO TO OR PAPEL A SU ABOGADO TELEPHONE THE OFFICE SET FORTH INMEDIATAMENTE.SI USTED NO TIENE BELOW. THIS OFFICE CAN PROVIDE A UN ABOGADO, VA A O TELEFONEA YOU WITH INFORMATION ABOUT LA OFICINA EXPUSO ABAJO. ESTA HIRING A LAWYER. OFICINA LO PUEDE PROPORCIONAR IF YOU CANNOT AFFORD TO CON INFORMATION ACERCA DE HIRE A LAWYER,THIS OFFICE MAY BE EMPLEAR A UN ABOGADO. ABLE TO PROVIDE YOU WITH SI USTED NO PUEDE INFORMATION ABOUT AGENCIES THAT PROPORCIONAR PARA EMPLEAR UN MAY OFFER LEGAL SERVICES TO ABOGADO, ESTA OFICINA PUEDE SER ELIGIBLE PERSONS AT A REDUCED FEE CAPAZ DE PROPORCIONARLO CON OR NO FEE. INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECERLOS Cumberland County Bar Association SERVICIOS LEGALES A PERSONAS 32 South Bedford Street ELEGIBLES EN UN HONORARIO Carlisle, PA 17013 REDUCIDO NI NINGUN HONORARIO. (800) 990-9108 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 File# 14-100472 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. Please Note: (1) unless,within thirty (30) days after your receipt of this notice,you dispute the validity of the debt,or any portion of the debt,we will assume that the debt is valid; (2) if you notify us in writing within thirty (30) days of your receipt of this notice that the debt, or a portion of the debt, is disputed,we will cease collection of the debt until we obtain verification of the debt or a copy of the judgment against you and mail to you a copy of the verification or judgment that we obtain; (3) upon your written request to us within thirty (30) days of your receipt of this notice for the name and address of the original creditor of your debt,we will cease collection of the debt until we mail to you the name and address of the original creditor,if different from the current creditor. Case Name: Sun West Mortgage Company, Inc. v. Bernice K.Walter Cumberland County File#14-100472 Page 3 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is Sun West Mortgage Company,Inc., duly organized and doing business at the above-captioned address. 2. The Defendant is Bernice K. Walter, who is the mortgagor and owner of the mortgaged property hereinafter described, whose last-known address is 515 East Marble Street, Mechanicsburg, PA 17055. 3. On February 22, 2008, Bernice K. Walter, mortgagor, made, executed and delivered a mortgage upon the premises hereinafter described to .l st Mariner Bank which mortgage is recorded in the Office of the Recorder of Cumberland County as Instrument Number 200807895 (the "Mortgage"), such Mortgage being incorporated herein by reference pursuant to Rule 1019(g)Pa.R. C. P. 4. On February 22,2008,Defendant,Bernice K.Walter,by Betsy Ritter,her attorney in fact, also executed an Adjustable Rate Note secured by the aforementioned mortgage. Plaintiff, directly or through an agent,is in possession of the note and is the holder of the note with the right to enforce it;the note is either made payable to plaintiff or has been duly endorsed. 5. On April 16,2014,the Mortgage was assigned by 1st Mariner Bank to Sun West Mortgage Company,Inc.,by Assignment of Mortgage,recorded in the Office of the Recorder of Cumberland County as Instrument Number 201408334, such Assignment of Mortgage being incorporated herein by reference pursuant to Rule 1019(g)Pa. R. C.P. 6. The prernises subject to said mortgage is described in the legal description attached as Exhibit"A" and is known as 515 East Marble Street,Mechanicsburg,Pennsylvania 17055. 7. The mortgage is in default for the reason that the subject property has ceased to be the principal residence of the defendant. File# 14-100472 Page 4 8. The following amounts are due on the mortgage: Principal Balance $ 19,124.10 Interest through May 30,2014 $ 8,358.28 (Interest due and owing at a variable rate) Attorney's Fee $ 1,650.00 Mortgage Insurance Premiums(MIP) $ 2,325.84 Taxes $ 6,248.56 Insurance $ 6,568.85 Service Address $ 2,660.00 LOC Draw $ 64,000.00 Repayment $ (2,970.20) GRAND TOTAL $ 107,965.43 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. If the mortgage is reinstated prior to sale, reasonable and actually incurred attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 9. Plaintiff complied with all notice requirements as prescribed by 41 P.S. §101,et seq. (Act 6),and 35 P.S. 1680.401 c,et seq.(Act 91), as applicable. WHEREFORE,Plaintiff demands in rem Judgment against the Defendant in the sum of$107,965.43 together with interest due and owing at a variable rate, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. MCCABE,WEISBERG & CONWAY,P.C. BY: [ ]Terrence J. C e, s ire [ ]Marc S.Weisberg,Esquire [ ]Edward D.Conway,Esquire [ ]Margaret Gairo,Esquire [ ]Andrew L.Markowitz,Esquire [ ]Heidi R.Spivak,Esquire [ ]Marisa J.Cohen,Esquire [ ]Christine L.Graham,Esquire ( ]Brian T.LaManna,Esquire [ ]Ann E. Swartz,Esquire [ ]Joseph F.Riga,Esquire [ ]Joseph I.Foley,Esquire [ ]Celine P.DerKrikorian,Esquire Jennifer L.Wunder,Esquire [ ]Lena Kravets,Esquire [ ]Carol A.DiPrinzio,Esquire Attorneys for Plaintiff File#14-100472 Page 5 VERIFICATION K&-IZST Ly C.Wb,*/U ,hereby states that he/she is i O'R6<=S u" ��`�of Sun West Mortgage Company, Inc., Plaintiff in this matter,that he/she is authorized to make this Verification, and verify that the statements of fact made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, 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. c. Na4: 'Os 1 L t}4 N DATE: (o— (� TitIe:FoiteCA--O VV—C— File#: 14-100472 Name: Sun West Mortgage Company,Inc.v.Bernice K.Walter File#14-100472 Page 6 EXHIBIT "A" ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg,County of Cumberland and State of Pennsylvania,more particularly bounded and described as follows, to wit: BEGINNING at a point on the West side of Marble Street(60 feet wide),as shown on the hereinafter mentioned Plan of lots,at the dividing lines between Lots Nos. 1 and 7,Section"H", on said.Plan;thence along said dividing line,North 73 degrees 24 minutes West,a distance of forty-five and fifty-two hundredths(45.52)feet to Lot No. 6 on said Plan;thence along said Lot No. 6,South 89 degrees 29 minutes West,a distance of thirty-seven and seventy-two hundredths (37.72)feet to Lot No. 5,Section"H";thence along Lot No. 5,Section`°H",South 75 degrees 20 minutes 30 seconds West,a distance.of forty-four and three hundredths(44.03)feet to a point, thence South 20 degrees 38 minutes East,a distance of one hundred forty-one and seventy-one hundredths (141.71)feet to a point on the West side of Marble Street;thence Northwardly ialong a curve to the left,having a radius of one hundred sixty-four and eighty-one hundredths(164.81) feet, an arc distance of sixty-one and thirty-three hundredths(61.33)feet to a,point on the West -side of Marble Street;thence still along Marble Street,North 26 degrees 2 minutes East,a distance of eighty-nine and seventy-three hundredths(89.73)feet to Lot No. 7,the place of BEGINNING. Being the same lot or parcel of ground which by Deed dated June 15, 1994 and recorded among the Land Records of Cumberland County,State of Pennsylvania,in Book 30-S,Page'987,was granted and conveyed/assigned by and between Kenneth E.Nelson,Executor under the Last Will and Testament of Carson H.Nelson,deceased unto Bernice K. Walter. The improvements thereon being commonly known as 515 E.Marble Street,Mechanicsburg, Pennsylvania, 17055 FORM 1 Sun West:Mortgage Company,.Inc. IN T14E COURT OF COMMON PLEAS,_DF Plaintiff CUMBERLAND COUNTY, PENNSY6UANk vs. "' �r'rir z Bernice K. Walter 356 5 Civil c r� , Defendant :z 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 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)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. Respectfully submitted: S [ l Date [Si a re 6t Counsel for Plaintiff) 14-100472 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: CUSTOM ER/PRI MARY 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 on household: How long? Mailing Address(if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people on 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 Payment Amount$ Included Taxes&Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes 0 No 0 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'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/Tuft. I 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: 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): Phone: Servicing Company(Name): Contact: 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. I/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: Proof of income V 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 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson ,t f Sheriff Jody S Smith Chief Deputy Richard W Stewart ` ° f7 -,z Y L' Solicitor ; a . . }Y—P�3� `i L`q'M 1,� Sun West Mortgage Company, Inc. Case Number vs. Bernice K Walter 2014-3565 SHERIFF'S RETURN OF SERVICE 06/23/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Bernice K Walter, 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 Served"at 515 East Marble Street, Mechanicsburg Borough, Mechanicsburg, PA 17055. Deputies were advised by a neighbor that the defendant passed away several years ago and that the residence is vacant. SHERIFF COST: $39.30 SO ANSWERS, June 23, 2014 RON R ANDERSON, SHERIFF