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HomeMy WebLinkAbout14-4186 rear Pmihonotary Uss only; upra-Me Court--off Pennsylvar° i Cou ,rte P lea s + " , p �Il� Docket No. ~_ =+ Coun t .r� 14 - 41 NO �tvll�erm The information collected on this form is used solely for court administration purposes. This form does not supplement or re lace tha tlin and service o leadln s or other )a ers as re uired 6X law or rules o court. Commencement of Action: S ®Complaint ❑ Writ of Summons ❑ Petition ❑Transfer from Another Jurisdiction ❑ Declaration of eking C Lead Plaintiffs Name:LSF8 Master Participation Trust Lead Defendant's Name:Ronald L.Varner I Are there money damages requested? 0 Yes 9 No Dollar Amount Requested: ❑within arbitration limits (cheek one) ©outside arbitration limits N` Is this a Class Action Sult? El Yes 8 No Is this an MDJAppeal? p Yes 19 No A Name of Plaintiff/Appellant's Attorney:Mc abe,Weisberg&Cgnway,P.C. M 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 Tort) CONTRACT(do not include Judgments) CIVIL.APPEALS ❑Intentional ❑Buyer Plaintiff Administrative Agencies ❑Malicious Prosecution ❑Debt Collection: Credit Card ❑'Board of Assessment ❑Motor Vehicle p Debt Collection: Other ❑Board of Elections 13Nuisance ❑Department of Transportation ©Premises Liability(does not include Q Statutory Appeal: Other S mass tort) ❑Slander/Libel/Defamation ❑Employment Dispute: FE ❑Other: Discrimination Employment Dispute: (]they ❑Zoning Board !": 1) Other - g ❑Other MASS TORT ❑Asbestos '— ❑Tobacco - Q Toxic Tort-DES - - ❑Toxic Tort-implant REAL.PROPERTY 11[I CI{LLANI QUS ❑Toxic Waste 13 Ejectment 0 Common Law/Statutory Arbitration ❑Other: ❑Eminent Domain/Condemnation p Declaratory Judgment ❑Ground Rent ❑Mandamus r O Landlord/Tenant Dispute ❑Non-Domestic Relations W Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABILITY Mortgage❑Mort a e Foreclosure:Commercial 13Quo Wmanto R Dental 11 Partition Q Replevin ❑Legal Q Quiet Title ❑Other: ❑Medical ❑Other: C3 Other Professional: updated 1/1/2011 LUS Master Pa0icipation Trust 1N THE COURT CSP COMMON PLEAS Of Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA.. Ronald 1 : darner and lmxla Jaucaro Civil l�c: odants .,T.. .. _.,y., . �. . NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your honte, 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 confownce in an effort to resolve this wattex with your leader. 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 MidPema Legal Services at(717)243-9400 extension 25 10 or(800) 822-3288 extension 25 10 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 f nancial 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 MidFenn 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. Ifyou 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 AAAI TAKE THE STEPS REQUIRED BY THIS NOTICE.THIS PROGRAM IS FREE. apcctl ly 50mitwd . ;; Date Si"'1�a Lure of ounsol dor Alaintt£ Ge��� Financial Worloboot W4;--t4"C'Q1Z4 D�Jj Q a-6 o ocka# BORROWER iffOD—OffFROURTHTAWs—Hif—As gffst-kN—CE 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: CUSTOMER/PlUMARY APPLICANT Borrower name(s): Property Address: City: IWO: zip, 5 date: Ge Is the property for sale? No Listing date: Realtor Name: Realtor Phonw HOIT-owor.Occupied? You rJ No 0 Mailing Address(if different): City: state!, Zip: Phone Numbers; Home: 0 ffi f4 0: Coll: othar.; Email; of people on househaU How long? CO-BORROWER Mailing Address(if different): City: State: Zip: Rhone numbers: Home; Cell: Other., F'maij! ifi of people on household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Lpan, Loan Numbgr.; Pato You Clowd Your Lpaljli: Second Mortgage Lender: Type of Loan, Loan Number! Total Mortgage Petyrrient Amount S Included Taxes&Insurance! Date of Last PaymcjiV Primary Ikoasen for,DdhulV fs-the"loan-ir-i'llatWuptcy? Yes M No 0 if y :prpyid§ultam iowtipa of oun,rsN n ra hgAt.t ss t mount QwR , Y–d°� Other meal gsiatw �aa�i�gs; AutQi-mbile l: Model! Amoudt owed Attic; Automobile#2. __ _.,. Year: Amount owed: Vafuc c t ; ns t {.o o ,., ..; ._o :s Ii _. ._ e : Model Year; Amount owed: taiuct lYIonthly Inanme Nacos ot'Employors; Additional Income Dosaription(not wages). 1. monthly 4111ount monthly Rjupunt: Dorrower pay bays: _.. Ccs-Rorrower pay bays; Monthly Expgnsgs; (Please only include expenses you are currently paying) la I?11t 1✓ l AMOUNT I XPI'N Mortgage Food - 2nd Mortgage _ - Utilities Car Payment(s) Uondo/Neigb.Fees Auto Insurance Med, (not covered) Auto fuel/repairs Other prop.payment Install,Loan Payment Cable TV Child Support/Alim. Spending Money ta L/Child Care/Tuft. Other Bx eases Amount Available for Monthly Mortgage Payments Based on Income&Expenses; Have you been working with a Housing Counseling Agency? Yes O Flo C7 If yes,please provide the following information, Counseling Agency! Counselor: phone(Office): FaN: Email: Have you made application for Hom cowners Emergency Mortgage Assistance Program(HEMAP)assistance? Yeg EJ No M If YQO,phaas@ jrdicato th@ 414144 Oftho application; Have you had any prior negotiations with your lender or lender's loan servicing oom,pany to resolve your deliquency? Yes tj No El If yea,Please ludicato the status Ofthagg negotiations; Please provide the following information,If known,Pagarding your lender or,londWs loan servicing company Lender's Contact(Name): Phone, Servicing Company(Name); Contact; MOOD; I/We, authorize the above named to use/refer this information to my lender-hervicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that Uwe am/are under no obiligation to use the services provided by the above named co-Ilon-owor l nature Data Please forward this document along with the following information to lender and lender's cou"54,11 Proof of income F pa V it 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) PD!NSYLVANIA 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 LSF8 Master Participation Trust Cumberland County c/o Caliber Home Loans,Inc. Court of Common Pleas 13801 Wireless Way Oklahoma City,OK 73134-2500 Number 1q- 4(8�9 V. Ronald L.Varner 1049 Grahams Woods Road Newville,PA 17241 and Emma Jane Varner 1049 Grahams Woods Road S Newville,PA 17241 $113.`15 PIpR� COMPLAINT IN MORTGAGE FORECLOSURE eaao5l e 308&8R File#68223 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 pagmas 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. SIUSTED NO BELOW. THIS OFFICE CAN PROVIDE TIENE A UN ABOGADO, VA A O YOU WITH INFORMATION ABOUT TELEFONEA LA OFICINA EXPUSO HIRING A LAWYER. ABAJO. ESTA OFICINA LO PUEDE IF YOU CANNOT AFFORD TO PROPORCIONAR CON INFORMATION HIRE A LAWYER,THIS OFFICE MAY BE ACERCA DE EMPLEAR A UN ABOGADO. ABLE TO PROVIDE YOU WITH Sl U S T E D NO PUEDE INFORMATION ABOUT AGENCIES PROPORCIONAR PARA EMPLEAR UN THAT 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,PA 17013 REDUCIDO NI NINGUN HONORARIO. (800) 990-9108 Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 (800) 990-9108 File#68223 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: LSF8 Master Participation Trust v.Ronald L.Varner and Emma Jane Varner Cumberland County File#68223 Page 3 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is LSF8 Master Participation Trust. 2. Caliber Home Loans, Inc. is acting solely in the capacity as servicer for LSF8 Master Participation Trust,Plaintiff herein. 3. The Defendant is Ronald L. Varner, who is a mortgagor and real owner of the mortgaged property hereinafter described, whose last-known address is 1049 Grahams Woods Road, Newville, PA 17241. 4. The Defendant is Emma Jane Varner,who is a mortgagor and real owner of the mortgaged property hereinafter described, whose last-known address is 1049 Grahams Woods Road, Newville, PA 17241. 5. On March 27,2006,Ronald L.Varner and Emma Jane Varner,mortgagors,made,executed and delivered a mortgage upon the premises hereinafter described to Beneficial Consumer Discount Company D/B/A Beneficial Mortgage CO of Pennsylvania which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1945, Page 0469 (the "Mortgage"), such Mortgage being incorporated herein by reference pursuant to Rule 1019(g)Pa.R. C.P. 6. On March 27, 2006,Defendants,Ronald L.Varner and Emma Jane Varner, 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. 7. On March 31,2014,the Mortgage was assigned by Beneficial Consumer Discount Company D/B/A Beneficial Mortgage CO of Pennsylvania to LSF8 Master Participation Trust , by Assignment of --- -- - -Mortgage; recorded in the Of-flee-of-the-Recorder-of-Cumberland County as Instrument—Number—- 201406948, such Assignment of Mortgage being incorporated herein by reference pursuant to Rule 1019(g)Pa.R.C.P. File#68223 Page 4 8. The premises subject to said mortgage is described in the legal description attached as Exhibit "A"and is known as 1049 Grahams Woods Road,Newville,Pennsylvania 17241. 9. The mortgage is in default because monthly payments of principal and interest upon said mortgage due February 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 $ 124,443.93 Interest through May 1, 2014 $ 38,292.32 (Interest due and owing at a variable rate,currently$16.78 per diem) Attorney's Fee $ 1,650.00 Force Placed Taxes $ 9,910.18 Property Inspections $ 30.50 Force Placed Insurance $ 3,458.00 Property Preservation $ 805.00 GRAND TOTAL $ 178,589.93 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. 11. 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. File#68223 Page 5 WHEREFORE, Plaintiff demands in rem Judgment against the Defendants in the sum of $178,589.93,together with interest due and owing at a variable rate,currently$16.78 per diem, 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.McCabe,Esquire [ arc S.Weisb rg,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#68223 Page 6 VERIFICATION The undersigned, .Melinda Girardeau , does hereby certify that Jae/she is Default Service Officer of Caliber Home Loans,Inc. and that Caliber Home Loans,Inc.has been duly nominated and appointed by LSF8 Master Participation Trust,plaintiff herein,as its mortgage servicing agent in regard to the mortgage loan which is the subject of this action(the"Mortgage").LSF8 Master Participation Trust lacks sufficient information to make this verification because Plaintiff is not the entity that maintains the business records for the Mortgage. Caliber Home Loans,Inc.,in its capacity as mortgage servicing agent for LSF8 Master Participation Trust,maintains the business records for the Mortgage, and therefore does have sufficient information to make this verification in accordance with Pa.R.C.P. 1024(c)(1). I am authorized to make this Verification on Plaintiff's behalf and do hereby verify that the facts as set forth in the foregoing Complaint are true and correct to the best of my information and belief. I have access to and have reviewed the business records of Caliber Home Loans,Inc. for and relating to the Mortgage,and I make this Verification based on my review of those records,which are maintained by Caliber Home Loans,Inc.in the course of its regularly conducted business activities and are made at or near the time of the event,by or from information transmitted by a person with knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. LSF8 Master Participation Trust,by Caliber Home Loans, Inc., solely in its capacity as servicer Dated: �UIIV 0-1, Q014 —Bk- Name: ,- Name: Melinda Girardeau Title: Default Service I Officer Name: LSF8 Master Participation Trust v.Ronald L.Varner and Emma Jane Varner Loan Number ending with:8448 File#68223 Page 7 i i I 1 EXHIBIT "A" • �'t'��$..� auem r �f.3-d3'ot7fo5^'o3�, MADE 7Hs 3 day of OkQAzA-, in the year of our Inrd ons thoisard nine hwx1red ninety-four (2995) 8E'hM M==L. MOM, EwacutriK of the Eetate of.john B. Beeston, late of Amberlard County, Pi r—YlVania, Pla MGAvania, hereinafter Grantor AND MVZD L. VAla4ER and EMM JANE VARNW, Husband and wife, of O ubwIRrd - Cnuttty, Panusaylvanfa, hereinafter Grantees tgnV S3RAH,.the said Sohn H. Beeston, by his last Will and Testament, duly ^. pzvnd er4 x+eoorded in the Register's office of Ambwland C=ty, Petuusylvwlia, in as Estate No. 2142-•0277, provided inter glia, as follows: FOUiY I L rminate, constitute and appoint my wife, Marjorie L. Beaston, as Executrix of this wl Last Will and Tedtameat. NOW THTA n=M=W1'1 MSM, that the said Orant=, by virtue of the power and authority aforesaid, in said Will wntainad, and in cmwideraticn of the vm of Twenty-five Thousaw std 00/200 ($251000.00) Dollars to it paid by the said Grantees, at and before the urawling and delivery of these presents, the reoeipt whereof is hereby acknparleiged, has granted, bargabW, sold and eoriveysd and does hereby gzant bargain, sell and Genoa)ba the said Gratstees, their heirs aryl assigns forever. AM a=Gga=tregt of lend, situate in Leper Frank£cad Tdmahip, Omberland cmmtya perawAvanla, beaded and described as follwo., BETCiItmm at a railroad spike in the c7antetSim of dip Road N0. T-448, On the line of Iat No. b on the hereinafter u'antioned Plan of Xiotai thence along the latter, north 76 degrees 30 tniswtes 05 SOOX s Mst, a distruioa of 315.89 feat to an ixnn gin on the lira of Let No. 2 on said Klan: thence along the latter South 05 degrees 19 ndnutrs 43 ids West, a distan0o of 180.00 feet to an J=pin cn the line of lot No. 5 on said Plan thence along the letter North Be degrees 52 minutes 08 saoarsds West, a disterm of 299.00 feet to a railroad spike in the oentearline of said Twmahip Road T-448; thence along the latter!, North 05•dogrees 19 mutes 43 ueoor4X£est, a diaEarrba of 100.00 feat to a railroad spike the place bf XiiG. �G 0.9610 acr2e aM being described accordIM to a subdivision plan fca"the icivi'riof it4£�catr,n`y M-4-1,V. saw, R.5., dates A!4,%;t 1�, 1577, a� tOK �1 pw 04 I i I reoorded In the Office of the Reoorder of Deeds for Clddmrlard Cau►tY, psnnryivania in Plan BDO39 31, Page 74. Bma the same prWasss which ts=Oft 0, tmrray and Xabelle L. mravite, ,Administratrioes of the Fwtata of John C. Naffitt, by deaf dated October 19, 1977 and recorded in d Clmberland aunty Deed Hook 27, VOl..'"' pazle 97 granted arra OWMV Unto Jahn 8. Beaman- Rt,e said Jdvt H. eeaston d�ed September 19, 1999, M*Xeby IettekV Antara*Ary WBM gtaustad to Marjorie L. Beast=, Grantor herein. i T=M=with all and sbWlar, the t�� itawnts and apV=WIoeg to the sam beitmgins, or in anywise a , and the rweiXion and a zrevexz>31ans, weft 1 and lamindars, rots, Sseues ar�S profits ther+eoft and also, all the estate, right, title, interest, property slain and dartatd Whatsoever, both in law and�ty, or the said party of the first part, of, in to or out of the said , and every part and Pucel thereof. TO HAVB AND TO HOLD the said premium, with all and sirgal.er the agyasap unto the said CYantaeS, their hems U4 agsigns, to and for the onlpzvper usa and bahooL of t2Ue said Grantees, their hairs, assigns and sUnxm=rs forever. IN,OnTM{pMMoF, the mid Grantor has heraun'.o set her hand and seal the dqY and Year first above written. SIGNED, ff=M M DF.cSVF= W TtM PRirSMM M L. BBASitk1, F7M71RD{FOR 7518 HYiIARH OP JOHN a. B?A.MW 87M OF PBtt1=VAM s i t 8s. i t7xJM OF COMBPPJM On this, the `19, day or ALtC.4 , 1995, before me, the W%jernisned officer, personally appeared m+U=E L. RFhsmN M-am to me, (or aatisfactorily paovan) to be the person%d ma name is gvbwribad to the me , and acicrowtad me ledged that ahe enol sa for the purposes In witness hereof, S bommt:o set Try seal.. A low r dx� { laB.o�7, .r aortclicf� PACE 4�Jr i Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY r �l_L v r1Cc OF THE PROTfiONQL R' 2014 AUG 14 PM 3: 04 CUMBERLAND COUNT'' PENNSYLVANIA LSF8 Master Participation Trust vs. Ronald L. Varner (et al.) Case Number 2014-4186 SHERIFF'S RETURN OF SERVICE 07/21/2014 09:24 PM - Deputy Jeff Kolodzi, 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: Emma Jane Varner at 415 Lincoln Street Apt. A, Carlisle Borough, Carlisle, PA 17013. Si�L�ly KIOLODZI, DEPUTY 08/11/2014 07:46 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: Ronald L. Varner, 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 1049 Grahams Woods Road, Upper Frankford Township, Newville, PA 17241.Residence appears to be vacant. SHERIFF COST: $57.56 SO ANSWERS, August 12, 2014 (c) CountySuite Sheriff, Teleosoft, Inc. RONNY R ANDERSON, SHERIFF LSF8 Master Participation Trust, : IN THE COURT OF COMMON PLEAS c Plaintiff : CUMBERLAND COUNTY, PENNSYI'i1I x G-.) --,., vs. : No. 14 - 4186 Civil Term ('''' r .--IC, Ronald L. Varner and >. a 3 Emma Jane Varner, : ACTION IN DIVORCE -c c..> c Defendants: : CIVIL ACTION - LAW ca PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Jane Adams, Esquire as Attorney of record for Emma Jane Varner, Defendant in the above -captioned matter. Date: Si\i\A\°\ Respectfully Submitted: Adams, Esquire No. 79465 West South St. arlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT LSF8 Master Participation Trust, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLV/IAS ro 3 --_' vs. : No. 14 - 4186 Civil Term z c -- r. Ronald L. Varner and r��- N Vic. Emma Jane Varner, : ACTION IN DIVORCE y.�v - zfa --r; Defendants: : CIVIL ACTION - LAW =LT., - c �, (mc--) --a c, ,, . DEFENDANT, EMMA JANE VARNER'S ANSWER TO PLAINTIFF'S COMPLAINT AND NOW COMES, Defendant, Emma Jane Varner, and hereby files her Answer to Plaintiffs complaint, and in support thereof, avers as follows: 1. Admitted. Plaintiff is LSF8 Master Participation Trust. 2. Denied. Strict Proof is demanded at trial. Defendant has no knowledge in what capacity Caliber Home Loans, Inc. is acting in. 3. Admitted. 4. Admitted. 5. Admitted. 6. Defendant does not have a copy of the said note; strict proof is demanded. 7. Admitted. 8. Admitted. 9. Denied. Defendant, Emma Jane Varner has no knowledge as to what has been paid to the Plaintiff as she is not living in the home and Defendant Ronald L. Varner is living there. Strict proof is demanded at trial. 10. Denied. Defendant, Emma Jane Varner has no knowledge or proof of the following amounts said to be due and owing on the mortgage and strict proof is demanded at trial. 11. Denied. Defendant, Emma Jane Varner has no specific knowledge as to whether Plaintiff complied with notice requirements. WHEREFORE, Defendant, Emma Jane Varner, answers Plaintiffs complaint and demands trial on this matter. Date ofqpi Respectfully Submitted: dams, Esquire o. 79465 est South St. rlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT EMMA JANE VARNER VERIFICATION I verify that the statements made in this ANSWER are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: Emma Ja - RattenneDefendant f/k/a Emma Jane Varner LSF8 MASTER PARTICIPATION : IN THE COURT OF COMMON PLEAS OF TRUST, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. : CIVIL ACTION rn rn NO. 14-4186 CIVILn RONALD L. VARNER and EMMA JANE VARNER, G Defendants CASE MANAGEMENT ORDER AND NOW, this a q* day of August, 2014, the parties having agreed to a conciliation conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court -supervised (J� Conciliation Conference on ,t6-,cb )/7 o)0/y , at a :36/0m. in Chambers No. 4 at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing r- c or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. Marc S. Weisberg, Esquire 123 S. Broad Street Suite 2080 Philadelphia, PA 19109 For the Plaintiff Jane Adams, Esquire 17 West South Street Carlisle, PA 17013 For the Defendants :rim BY THE COURT, C c� rqCO LSF8 Master Participation Trust, : IN THE COURT OF COMMON PLEARr P;aintiff : CUMBERLAND COUNTY, PENNSYLI Vic-• vs. : No. 14 - 4186 Civil Term _z2, z -' n C=' Ronald L. Varner and --I Q Emma Jane Varner, : ACTION IN DIVORCE Defendants: : CIVIL ACTION - LAW REQUEST FOR CONCILIATION CONFERENCE TO THE PROTHONOTARY: Defendant, Emma Jane Varner, requests a conciliation conference with Plaintiff in the above -captioned matter under the Residential Mortgage Foreclosure Diversion Program. Date: eAlq, Respectfully Submitted: Adams, Esquire I. o. 79465 1 + est South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT McCABE, WEISBERG & CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 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 LSF8 Master Participation Trust c/o Caliber Home Loans, Inc. Plaintiff v. Ronald L. Varner and Emma Jane Varner Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 14 -4186 -CIVIL C) rrl N Sr. 75.co PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure in the above -captioned matter. McC . W . SBE BY: ONWAY, P.C. [ ] Terre : J. McCabe, E [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esquire Attorneys for Plaintiff [ ] Marc S. Weisberg, Esq. [ ] Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ 6] Joseph I. Foley, Esq. [ ] Jennifer L. Wunder, Esquire [ ] Carol A. DiPrinzio, Esquire Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ,rrAt1411,174r OFF1Cm OF THE $-KERiFF t • CF czfIjCCT — I PH 2: 3i CUMBERLAND COUNTY PENNSYLVANIA LSF8 Master Participation Trust vs. Case Number Ronald L. Varner (et al.) 2014-4186 SHERIFF'S RETURN OF SERVICE 09/25/2014 04:00 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Ronald L. Varner at Walmart Parking Lot, 50 Noble Boulevard, Carlisle, PA 17013. Defendant is believed to be residing at 729 N. Pitt Street, Carlisle, PA .arl!!i�1701x. r+ SHALL, DEPUTY SHERIFF COST: $48.34 SO ANSWERS, September 25, 2014 (c) CountySui e Sheriff, Teieoseff. inc. RONR ANDERSON, SHERIFF LSF8 MASTER PARTICIPATION IN THE COURT OF COMMON PLEAS OF TRUST, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CIVIL ACTION NO. 14-4186 CIVIL RONALD L. VARNER and EMMA JANE VARNER, Defendants ORDER AND NOW, this �•s� day of October, 2014,this matter is removed from the Cumberland County Mortgage Foreclosure Diversion Program and the stay entered in this case is lifted. BY THE COURT, rnca/ ca �^C) F _ Kevi . Hess, P.J. u,r- ;0 i- Nathan Wolf, Esquire For the Plaintiff z C:) v , Jane Adams, Esquire , ry ;� 17 West South Street Carlisle, PA 17013 For the Defendants Am ocr f'LAS gyi McCABE, WEISBERG & CONWAY, P.C. BY: Christine L. Graham, Esquire Identification Number 309480 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 LSF8 Master Participation Trust, Plaintiff, v. Ronald L. Varner and Emnia Jane Varner, Defendants. Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 14-4186 STIPULATION FOR IN REM JUDGMENT AGAINST DEFENDANT EMMA JANE VARNER It is hereby STIPULATED and AGREED, by and between LSF8 Master Participation Trust ("Plaintiff") and Emma Jane Varner ("Defendant"), through their undersigned counsel, on the date indicated below, as follows: 1. Defendant, Emma Jane Varner does hereby consent and agree to the entry of judgment in rem in the above matter in favor of Plaintiff, and against Defendant, in the amount of $178,589.93, plusper diem interest as set forth below until the entry of judgment, and plus interest and costs as provided by law, said amount being itemized as follows: Principal Balance $ 124,443.93 Interest through May 1, 2014 $ 38,292.32 (Interest due and owing at a variable rate, cun-ently $16.78 per diem) Attorney's Fee \ $ 1,650.00 Tax Balance $ 9,910.18 Property Inspections $ 30.50 Insurance Balance $ 3,458.00 Property Preservation $ 805.00 GRAND TOTAL $ 178,589.93 2. It is understood and agreed that such judgment is an in rem judgment for the purpose of enabling plaintiff to proceed with the filing of a writ of execution and a sheriffs sale of the property located at 1049 !(0.50 Po At a301710(4 0-315la8 Nt3 N«4iee mai Grahams Woods Road, Newville, Pennsylvania 17241 ("the Property") but that such stipulated judgment should not be construed to create or impose any personal liability against defendant. 3. The undersigned counsel for Defendant hereby warrants that Defendant has reviewed the terms of this Stipulation with the benefit of counsel, and that Defendant has entered into this Stipulation voluntarily and with full knowledge and understanding of the meaning and effect of the terms of such Stipulation. McCABE, WEISBERG & CONWAY, P.C. Attorneys for Plaintiff Christine L. Graham, LAW OFFICE OF JANE ADAMS, ESQUIRE Attorneys for Defendant By. J date: 4S -->2a/ y date: `c) -Via/4ant.