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HomeMy WebLinkAbout14-5029 Supreme Co. nnsylvania Con ommo leas For Prothonotary Use Only. V, 1. lt Docket No: Cu erian County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and senice ofpleadings or other papers as required by law or rules of court. Commencement of Action: S F1 Complaint 0 Writ of Summons E3 Petition E El Transfer from Another Jurisdiction 0 Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T LSF8 Master Participation Trust Inc Elaine A DeMarco Are money damages requested? [3 Yes El No Dollar Amount Requested: ®within arbitration limits (check one) rxioutside arbitration limits 0 N Is this a Class Action Suit? Yes ID No Is this an MDJAppeal? 0 Yes El No A Name of Plaintiff/Appellant's Attorney: Kevin P. Diskin, Esquire 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 n Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution n Debt Collection:Credit Card rl Board of Assessment 0 Motor Vehicle Debt Collection:Other 0 Board of Elections [3 Nuisance 0 Dept.of Transportation [] Premises Liability 0 Statutory Appeal:Other S 13 Product Liability(does not include mass tort) Employment Dispute: E 0 Slander/Libel/Defamation Discrimination C! 0 Other: [3 Employment Dispute:Other [3 Zoning Board T 0 Other: 1 0 Other: O MASS TORT n Asbestos N 0 Tobacco 0 Toxic Tort-DES n— Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 13 Ejectment n Common Law/Statutory Arbitration B n Other: 0 Eminent Domain/Condemnation 0 Declaratory Judgment 0 Ground Rent Mandamus 0 Landlord/Tenant Dispute R Non-Domestic Relations El Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY [I Mortgage Foreclosure:Commercial 0 Quo Warranto 0 Dental E3 Partition 0 Replevin [I Legal E3 Quiet Title 0 Other: 0 Medical Other: . E3 Other Professional: Updated 11112011 Richard M. Squire&Associates, LLC Attorneys for Plaintiff4/ By: Richard M. Squire, Esquire ( �� Kevin P. Diskin, Esquire Cj l." �� �r Craig Oppenheimer, Esquire p"�R� ID.Nos. 04267/ 86727 /313264 Ffd�yS y�SACC& One Jenkintown Station, Suite 104 r/, i, 115 West Avenue Jenkintown,PA 19046 Telephone:215-886-8790 Fax: 215-886-8791 LSF8 Master Participation Trust, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PLAINTIFF, PENNSYLVANIA � Soak (V� DOCKET NO: y� V. CIVIL ACTION Elaine A DeMarco 10 E Locust Street MORTGAGE FORECLOSURE Mount Holly Springs, PA 17065, DEFENDANT COMPLAINT- CIVIL ACTION NOTICE TO DEFEND 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 of 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. 1 CAL-470F/RD1 s(,S,7SpJ4 • �.� 3/D3e3 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. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle,PA 17013 717-249-3166 and 800-990-9108 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objecciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus edades u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION ACERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CALIFICAN. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle,PA 17013 717-249-3166 and 800-990-9108 2 CAL-470F/RDI Richard M. Squire &Associates, LLC Attorneys for Plaintiff By: Richard M. Squire, Esquire Kevin P. Diskin, Esquire Craig Oppenheimer, Esquire ID.Nos. 04267/86727/313264 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown,PA 19046 Telephone:215-886-8790 Fax:215-886-8791 LSF8 Master Participation Trust, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PLAINTIFF, PENNSYLVANIA V. DOCKET NO: Elaine A DeMarco CIVIL ACTION 10 E Locust Street Mount Holly Springs, PA 17065, MORTGAGE FORECLOSURE DEFENDANT COMPLAINT IN MORTGAGE FORECLOSURE PLAINTIFF, LSF8 Master Participation Trust, by and through its undersigned attorney brings this action in mortgage foreclosure upon the following cause of action: 1. PLAINTIFF, LSF8 Master Participation Trust, is a corporation, limited partnership, limited liability company, trust, federal savings bank, federal credit union, or national banking association under and pursuant to the National Banking Act (13 Stat. 99, 12 U.S.C. 1 et seq.) with its principal place of business at 13801 Wireless Way, Oklahoma City, OK 73134. 2. Defendant, Elaine A DeMarco, is the real owner, mortgagor, and grantee in the last Deed of record to the real property located at 10 E Locust Street Mount Holly Springs, PA 17065 3 CAL-470F/RD1 including any/all improvements and detached structures thereon as well as any/all riparian/water rights appertaining thereto (hereinafter collectively referred to as"Premises") . 3. On June 7, 2006, Defendant made, executed, and delivered a Mortgage to Washington Mutual Bank FA (hereinafter referred to as"Originating Lender") as security for Defendant's payment and other obligations in consideration of a mortgage loan made to Defendant by the Originating Lender. Said Mortgage is recorded in the Office of the Recorder in and for Cumberland County, and was recorded on July 26, 2006 in Cumberland County in Mortgage Book 1959, Page 3464, and is incorporated herein by reference by virtue of Pa. R.C.P. 1019(g). 4. The mortgage has been assigned to the Plaintiff by an Assignment of Mortgage from JPMorgan Chase Bank, National Association to LSF8 Master Participation Trust,recorded on June 5, 2014, Instrument No. 201411891 and is incorporated herein by reference by virtue of Pa. R.C.P. 1019(g). 5. A true and correct copy of the Legal Description is attached hereto,made part hereof,and marked as Exhibit"A". 6. The address of the Premises is 10 E Locust Street, Mount Holly Springs, PA 17065. 7. The aforesaid Mortgage is in default because the required monthly payments due under the terms of the aforesaid Mortgage have not been made from October 1, 2011 through the present date. By the terms of the aforesaid Mortgage,upon breach and failure to cure said breach after written notice thereof, all sums secured by said Mortgage shall be immediately due and owing. 4 CAL-470 F/R D 1 8. The terms of the aforesaid Mortgage further provide that,in the event of default, Defendant shall be liable for, inter alia, Plaintiffs costs, corporate advances, escrow advances, and attorneys' fees. 9. The following amounts are due as of August 1, 2014: - Principal 014: .Principal $ 227,260.64 Accrued Interest through August 1, 2014 $ 24,604.55 Late Fees $ 2,370.29 Corporate Advances $ 2,017.50 Escrow Advances $ 8,545.18 Attorneys'Fees to date $ 5,000.00 Total $ 269,798.16 plus additional pre-judgment and post judgment interest at the per diem rate of$23.16 or at the adjusted amount if the interest rate is variable, additional late charges, additional corporate advances, additional escrow advances, additional attorneys' fees and court costs, and any/all other sums recoverable by Plaintiff under the terms of the aforesaid Mortgage. 10. If the Mortgage is reinstated prior to a sheriff s sale, the attorneys' fees set forth in the preceding paragraph may be less than the amount demanded based on work actually performed. The attorneys' fees requested in the preceding paragraph are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect attorneys' fees of up to five percent (5%) of the remaining principal balance in the event the Premises is sold to a third party purchaser at sheriff s sale; or, if the complexity of the action requires additional fees, such fees may exceed the amount demanded in the preceding paragraph. 11. Notice of Intention to Foreclose pursuant to Act 6 and/or Act 91 was sent in accordance with Pennsylvania law more than 34 days ago. 5 CAL-470F/RD1 WHEREFORE,Plaintiff respectfully requests that judgment in rem be entered in its favor and against Defendant, Elaine A DeMarco, for foreclosure and sale of the Premises in the amounts due as set forth in Paragraph 9.,namely $269,798.16,plus additional pre judgment and post judgment interest at the per diem rate of$23.16 or at the adjusted amount if the interest rate is variable, additional late charges, additional corporate advances, additional escrow advances, additional attorneys' fees and court costs, any/all other sums recoverable by Plaintiff under the terms of the aforesaid Mortgage, and such other relief as this Court deems just and proper. RICHARD M. SQUIRE & ASSOCIATES,LLC By: ichard M. Squire, Esq. (PA I.D.# 04267) Kevin P. Diskin, Esq. (PA I.D. # 86727) Craig Oppenheimer, Esq. (PA I.D.# 313264) 115 West Avenue, Suite 104 Jenkintown,PA 19046 215-886-8790 215-886-8791 (fax) rsquire@squirelaw.com kdiskin@squirelaw.com cpppenheimer@squirelaw.com Attorneys for Plaintiff Date: UNLES YOU NOTIFY US WITHIN THIRTY (30) DAYS AFTER RECEIPT OF THIS LETTER/NOTICE/PLEADING THAT THE DEBT, OR ANY PART OF IT, IS DISPUTED,WE WILL ASSUME THAT THE DEBT IS VALID. IF YOU DO NOTIFY US OF A DISPUTE,WE WILL OBTAIN VERIFICATION OF THE DEBT AND MAIL IT TO YOU. ALSO UPON YOUR REQUEST WITHIN THIRTY (30) DAYS,WE WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IF DIFFERENT FROM THE CURRENT CREDITOR. THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 6 CAL-470F/RD1 Richard M. Squire&Associates,LLC Attorneys for Plaintiff By: Richard M. Squire, Esquire Kevin P. Diskin, Esquire Craig Oppenheimer, Esquire ID.Nos. 04267/ 86727/313264 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown,PA 19046 Telephone:215-886-8790 Fax: 215-886-8791 LSF8 Master Participation Trust, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PLAINTIFF, PENNSYLVANIA V. DOCKET NO: Elaine A DeMarco CIVIL ACTION 10 E Locust Street Mount Holly Springs, PA 17065, MORTGAGE FORECLOSURE DEFENDANT VERIFICATION ���°� �J►,�G�eI` Q ,hereby states that he/she is employed as a SPlvi ' i of Caliber Home Loans Inc., solely in its capacity as servicer for LSF8 Master Participation Trust, Plaintiff in this matter, and is authorized to make this Verification. The statements of fact contained in the foregoing Complaint are true and correct to the best of my information and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: SF8 Master Participation Trust, by Caliber Home Loans Inc., solely in its capacity as servicer DATE: Title: File#: CAL-470F Name: Elaine A DeMarco 7 CAL-470F/RD1 Exhibit"A" Legal Description ?ARS A► ALL TIL*.T.MTAJW tIA cif land wft tbe h � n _,Sites M To slt bip,COWbalmd Com,PewM4va,bided On the l rth by a clic M*4 l Shift MAWO Route No.34 to Boiling SOnA txa#tj pylic row Wa's IOMUY IWWII as*&e lam road to Boirmg sem-om the lis#by lmd now or &MRrly of TWO L00vt tw the SoWh by land now or fof.Arnold C= lr and on Ilse COt by IWd DOW orfv=ttrly ofAmoit1 Gwmtk CONTAINING 813 rem in*Oot on aid public road aW dmS in d h 165�on �t� b+ rys a t 83.7 few along its W' tem boundary1=6 a OW nr foy of old Ga a wit in the Wit°- *09 its South=boundary of 45 f . DEMO tho me premim,whith clarmcer.limy w.aorft IwI. W mtu dated MAy&, l go and r�e1 in the R x r of �� hand if'e,by mb � s D+e Volume �>i�and mar&a ou*of Udo F R DMOY and Dotty Y.Dair y,husband d wik in Esc Property Address: 10 E Locust Street Mount Holly Springs, PA 17065 8 CAL-470F/RDI FORM 1 LSF8 Master Participation Trust IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff(s) vs. , Elaine A DeMarco 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 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(71.7)243-9400 extension 251.0 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: 8-26-2014 .Date [Signature of Counsel 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 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❑ No© Listing date:. Price: $ Realtor Flame: Realtor Phone: Borrower Occupied? Yes ❑ No Q Mailing Address(if different): City: State: Zip: Phone Numbers: Horne: 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 INF01MATION 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: PrimM 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: $ $ j 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): j1. 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 2nd Mort a e Utilities Car.Pa mens s Condo/Neigh.Fees Auto Insurance Med. not covered Auto fuel/repairs Other plop.payment Install. Loan Payment Cable TV Child SupportlAlim. Spending Mone Da /Child Care/Tuit. Other Expenses � I Amount Available for Monthly Mortgage Payments Based on Income&Expenses: I Have you been working with a Housing Counseling Agency? I Yes ❑ No❑ If yes,please provide the following information: Counseling Agency: Counselor: Phone(Office): Fax: . 2 i E-mail: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes 0 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 know,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 obligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the fallowing information to lender and . lender's counsel: Y Proof of income V 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 FORM 3 LSF8 Master Participation Trust :IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff(s) Elaine A DeMarco vs. Defendant(s) CIVIL REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated ,2012 governing the Cumberland County Residential.Mortgage Foreclosure Diversion Program,the undersigned hereby certifies as follows: I. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property,which is defendant's primary residence 3. Defendant has been served with a"Notice of Residential Mortgage Foreclosure Diversion Program"and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I. understand that false statements are made subject to the penalties of 18 Pa. C,S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel/Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date FORM 4 LSF8 Master Participation Trust IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff(s) CIVIL ACTION VS. Elaine A DeMarco NO Defendant(s) CASE MANAGEMENT ORDER AND NOW,this day of ,20 ,the defendant/borrower in the above-captioned residential mortgage foreclosure action having find a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference,it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised conciliation Conference on at M. in 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 plaintifftlender 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 i 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 i 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 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 far the parties must attend the Conciliation i Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone C 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 i the plaintiff/lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal f attendance of the authorized representative of the plaintiffllender 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 i 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; { b entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months;and the institution of bankruptcy proceedings. S. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, J.