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Home My WebLink About14-3863 For Prothonotary Use Oril}>: S uprem�e o.ur- cf'Pie nnsyIvan ia, Co u �0 T - 11-pleas HJ e ~ n` Docket No. and �Co u lea ty �_ !-1,--�_ - " I The information collected on this form is used solely for court administration purposes. This form does not supplement or replace thefiling and service ofpleadinas or other papers as required by lmv or rules o court. r Commencement of Action: S ®Complaint ❑ Writ of Summons ❑ Petition E ❑Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiffs Name:OneWest Bank,FSB Lead Defendant's Name:Patricia L.Gilbert T I Are there money damages requested? ❑Yes ® No Dollar Amount Requested: ❑within arbitration limits 0 (check one) ❑outside arbitration limits N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes 0 No A Name of Plaintiff/Appellant's Attorney:McCabe,Weisberg&Conway,P.C. ❑ Check here if you have no attorney(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 Torr) 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) i E ❑Slander/Libel/Defamation ❑Employment Dispute: ❑Other: Discrimination C ❑Employment Dispute:Other ❑Zoning Board T ❑Other I O ❑Other MASS TORT N ❑Asbestos ❑Tobacco ❑Toxic Tort-DES ! ❑Toxic Tort-Implant ❑Toxic Waste REAL PROPERTY MISCELLANEOUS � ❑Other: ❑Ejectment ❑Common Law/Statutory Arbitration ❑Eminent Domain/Condemnation ❑Declaratory Judgment ❑Ground Rent ❑Mandamus ❑Landlordfrenant Dispute ❑Non-Domestic Relations ®Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABILITY ❑Mortgage Foreclosure:Commercial ❑Quo Warranto ❑Dental ❑Partition ❑Replevin ❑Legal ❑Quiet Title ❑Other: i ❑Medical ❑Other: ❑Other Professional: Updated 1/12011 ✓ d f�0 14 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 1. FOLEY, ESQUIRE- ID# 314675 CELINE P. DERKRIKORIAN,ESQUIRE-ID# 313673 JENNIFER L. WUNDER,ESQUIRE-ID# 315954 LENA KRAVETS,ESQUIRE- 1D# 316421 CAROL A. DiPRINZIO,ESQUIRE-ID# 316094 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 OneWest Bank N.A. Cumberland County 2900 Esperanza Crossing Court of Common Pleas Austin, TX 78758 / p�� Number Cf v. Patricia L.Gilbert 600 Swartz Street Enola, Pennsylvania 17025 COMPLAINT IN MORTGAGE FORECLOSURE OJUJ rD 3. 75 Pile#70527 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 OFRECER LOS Cumberland County Bar Association SERVICIOS LEGALES A PERSONAS 32 South Bedford Street ELEGIBLES EN UN HONORARIO Carlisle,Pennsylvania 17013 REDUCIDO NI NINGUN HONORARIO. (800) 990-9108 Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 File#70527 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: OneWest Bank N.A. v. Patricia L.Gilbert Cumberland County File#70527 Page 3 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is OneWest Bank,N.A. 2. The Defendant is Patricia L.Gilbert, who is a mortgagor and real owner of the mortgaged property hereinafter described, whose last-known address is 600 Swartz Street, Enola, Pennsylvania 17025. 3. On June 9,2004,Patricia L.Gilbert,and Richard Charles Gilbert,mortgagors,made, executed and delivered a mortgage upon the premises hereinafter described to Amerifund Financial, Inc., d/b/a All Fund Mortgage which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1871, Page 0857 ("the Mortgage"), such Mortgage being incorporated herein by reference pursuant to Rule 1019(g) Pa. R. C. P. 4. On June 9,2004,Richard Charles Gilbert,also executed a promissory 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. Subsequently thereto,OneWest Bank,FSB changed its name to OneWest Bank,N.A., and became known as OneWest Bank,N.A, Plaintiff herein. 6. Subsequently,the Mortgage was assigned to OneWest Bank,.FSB,such assignment of mortgage which was never properly recorded and which cannot now be re-executed.As a result,on March 28,2014,OneWest Bank,N.A.executed an Affidavit of Lost Assignment of Mortgage,which was recorded on in the Office of the Recorder of Cumberland County as Instrument Number 201409158,such Affidavit of Lost Assignment of Mortgage being incorporated herein by reference pursuant to Rule 1019(g) Pa. R. C. P. File 4 70527 Page 4 7. On October 1, 2012, Richard Charles Gilbert departed this life leaving title vested solely in Patricia L.Gilbert by operation of law. 8. The premises subject to said mortgage is described in the legal description attached as Exhibit"A"and is known as 600 Swartz Street, Enola, Pennsylvania 17025. 9. 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. 10. The following amounts are due on the mortgage: Principal Balance $ 73,230.79 Interest through July 1, 2014 $ 9,123.40 (Plus $11.54 per diem thereafter) Late Charges $ 572.77 Recoverable Balance $ 285.00 Escrow Advance $ 11,676.82 Suspense Balance $ (84.96) GRAND TOTAL $ 94,803.82 Plaintiff may incur other expenses, costs and charges collectible under the Note and Mortgage. In addition to the above amounts,reasonably incurred attorney's fees and costs as well as proof of title in conformity with the mortgage documents and Pennsylvania law, shall be sought. 11. Plaintiff complied with all notice requirements as prescribed by 41 P.S. §101,et seq. (Act 6), and 35 P.S. 1680.401c, et seq. (Act 91), as applicable. File#70527 Page 5 WHEREFORE, Plaintiff demands in rem Judgment against the Defendant in the sum of $94,803.82, together with interest at the rate of $11.54 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE,W BERG & CON AY,P.C. BY: [ ] Terr ce J.McCabe,Esquire [ rc 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 RE: /Property Address: 600 Swartz Street, Enola, Pennsylvania 17025 FILE#: 70527 File#70527 Page 6 VERIFICATION Caryn Edwards The undersigned is Assistant Secretary of OneWest Bank N.A., formerly known as OneWest Bank, FSB and as such is familiar with the business records maintained by OneWest Bank N.A.,formerly known as OneWest Bank,FSB for the purpose of servicing mortgage loans. These records (which include data compilations, electronically imaged documents, and others) are made at or near the time by, or from other information provided by, persons with knowledge of the activity and transactions reflected in such records, and are kept in the course of business activity conducted regularly by OneWest Bank. I am authorized to make this verification on behalf of Plaintiff and hereby verify that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. OneWest Bank N.A., formerly known as OneWest Bank, FSB Date: '� O&C 1 Name: Caryn Edwards Title: Assistant secretary Company: OneWest Bank N.A. v. Patricia L.Gilbert File#70527 Page 7 Conestoga Title Insurance Company Commitment Number. 2004050121` Exhibit "A" PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL THAT CERTAIN Lot or parcel of land,situate in the Township of East Pennsboro, Cumberland County, Pennsytvania, bounded and described in accordance with a survey and plan thereof made by Ernest J.Walker, Prof. Eng.,dated February 6, 1964,as follows: BEGINNING at the Southwest comer of Swarts and"A"Streets,said point of beginning being marked with an iron pin;thence extending along the Western line of"A"Street South thirty-three degrees East one hundred twenty feet to a stake at a comer of Lot No.6 on the hereinafter mentioned Plan of Lots;thence along the same South fifty-seven degrees West one hundred nineteen and four tenths feet to a stake at a comer of Lot No.13 on said Plan;thence along the same North thirty-three degrees West one hundred twenty feet to an iron pin on the Southern line of Swartz Street thence along the same North fifty-seven degrees East one hundred nineteen and four tenths feet to the point and place of BEGINNING. BEING Lot Nos. 8 and 14,Tract"C"on the amended Plan of Lots known as Orchard Hills Development as recorded in Plan Book 6,page 37,Cumberland County records. Parcel#09-12-2993-043 .j :( li 1. L�LS.✓l�J ALTA ComrNtMnt (2004050121.PMM04050121M) Schedule C 7 3 FORM 1 OneWest Bank,N.A. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA Patricia� ivil tiiL.G.ilbert — 6� Defendant NOTICE OF RESIDENTIAL MORTGAGE FORECLOSOW�9,)_ DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. ,1- 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. f Respectfully submitted: I ` Date [Sign re of Counsel for Plaintiff] This is a communication from a debt collector. 70527 This letter may be an attempt to collect a debt and any information obtained will be used for that purpose. Page t 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 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? CO-BORROWER 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"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/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: 2 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program(HEMAP)assistance? Yes 0 No 0 3 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 del.iquency? Yes 0 No 0 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 Past 2 bank statements V 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 R Anderson Sheriff ot Jody S Smith Chief Deputy Richard W Stewart Solicitor cF PENNSYLVANIA ()newest Bank FSB Case Number vs. Patricia L Gilbert 2014-3863 SHERIFF'S RETURN OF SERVICE 07110/2014 06:17 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: Patricia L Gilbert at 600 Swartz Street, East Pennsboro, Enola, PA 17025. t J DIMARTLE, DEPUTY SHERIFF COST: $44.95 SO ANSWERS, July 14, 2014 RONNY R ANDERSON, SHERIFF SOf. pi- 3s 66 ��--- i , - ' ' k_41 £' 8.i1 3: hil -- — Q — 3 "ERL COUNTY V fNi�S Ytb�i-i�lxi / ' '// C)4�-2t%'.1 . 7SS I , / 1 .4 e ( ) I 41 1 4 ' --(-,df '�� / Adf / ' c_J-,-_,-e 1:-/ if /,______,1-0-eLfizi-,____, , ____,,,,t2 (1)/12 /-b-0_-.7'7-. ..di 1.-/ / fljd 0/_._/;<J.,,_2:r//6.kr,/,&& .2 ' I / / / .= I ' / / 1 ---q4--d / L Oryi-d4 e, I , / / t // 0 „141.1„26-4 , , , / ' L 4 d -:+ :-/o _.'� / ,,� ,, / /