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HomeMy WebLinkAbout14-5177 Supreme Court of Pennsylvania Court bf CommoliTleas r _e' For Prothonotary Use Only: Glvikcbve�; eet CU iMBEA1``PD'10*' County Docket No: o , o The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S ❑x Complaint ❑ Writ of Summons ❑Petition E ❑Transfer from Another Jurisdiction ❑Declaration of Taking C Lead Plaintiff's Name: LSF8 MASTER PARTICIPATION Lead Defendant's Name: JULIE RIZZO MATTER A/K/A JULIE TRUST,BY CALIBER HOME LOANS,INC., SOLELY R. MATTER T IN ITS CAPACITY AS SERVICER I Are money damages requested? El Yes Z No Dollar Amount Requested: Elwithin arbitration limits 0 (Check one) 0 outside arbitration limits N Is this a Class Action Suit? ❑Yes 0 No Is this an NMJ Appeal? ❑ Yes ❑x No A Name of Plaintiff/Appellant's Attorney: Michael Dingerdissen,Esq.,Id.No.317124,Phelan Hallinan,LLP ❑ Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE.If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑ Intentional ❑Buyer Plaintiff Administrative Agencies ❑Malicious Prosecution ❑Debt Collection: Credit Card ❑Board of Assessment ❑Motor Vehicle ❑Debt Collection: Other ❑Board of Elections ❑Nuisance ❑Dept. of Transportation ❑Premises Liability ❑ Statutory Appeal: Other ❑Product Liability(does not S include mass tort) ❑ Employment Dispute: ❑ Slander/Libel/Defamation Discrimination E ❑ Other: ❑Employment Dispute: Other ❑Zoning Board C ❑Other: T I MASS TORT ❑Other: 0 ❑Asbestos N ❑Tobacco ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑Toxic Waste ❑Ejectment ❑Common Law/Statutory Arbitration $ ❑Other: ❑ Eminent Domain/Condemnation ❑Declaratory Judgment ❑ Ground Rent ❑Mandamus ❑Landlord/Tenant Dispute ❑Non-Domestic Relations ®Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑Mortgage Foreclosure: Commercial ❑Quo Warranto ❑ Dental ❑Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑Medical ❑ Other: ❑ Other Professional: Pa.R.C.P, 205.5 Updated 01/01/2011 2.0 14 SEP --4 AM 10: 24 CUMBERLAND COUNITY PENNSYLVANIA PHELAN HALLINAN,LLP Michael Dingerdissen,Esq.,Id.No.317124 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia,PA 19103 Michael.Dingerdissen@phelanhallinan.com 215-563-7000 LSF8 MASTER PARTICIPATION TRUST, BY CALIBER HOME LOANS, INC., SOLELY IN ITS COURT OF COMMON PLEAS CAPACITY AS SERVICER 13801 WIRELESS WAY CIVIL DIVISION OKLAHOMA CITY, OK 73134 TERM V. Plaintiff 17 r7 C«� JULIE RIZZO MATTER A/K/A JULIE R. MATTER CUMBERLAND COUNTY 109 WOODLAND AVENUE NEW CUMBERLAND,PA 17070-2060 MICHAEL D. MATTER 109 WOODLAND AVENUE NEW CUMBERLAND, PA 17070-2060 Defendants CIVIL ACTION- LAW COMPLAINT IN MORTGAGE FORECLOSURE C �V92 2°Z File#: 950823 12,461,3/ 0 57/ NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717)249-3166 (800)990-9108 File#: 950823 l. Plaintiff is LSF8 MASTER PARTICIPATION TRUST, BY CALIBER HOME LOANS,INC., SOLELY IN ITS CAPACITY AS SERVICER 13801 WIRELESS WAY OKLAHOMA CITY, OK 73134 2. The name(s) and last known address(es) of the Defendant(s) are: JULIE RIZZO MATTER A/K/A JULIE R.MATTER 109 WOODLAND AVENUE NEW CUMBERLAND,PA 17070-2060 MICHAEL D. MATTER 109 WOODLAND AVENUE NEW CUMBERLAND,PA 17070-2060 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/13/2006 JULIE RIZZO MATTER and MICHAEL D. MATTER made, executed and delivered a mortgage upon the premises hereinafter described to HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY , which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1976, Page 2142. By Assignment of Mortgage recorded 06/06/2014 the mortgage was assigned to PLAINTIFF,which Assignment is recorded in Assignment of Mortgage Instrument No. 201411967.The mortgage and assignment(s), if any,are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/18/2013 and each month thereafter are due and unpaid, and by the terms File#: 950823 of said mortgage,upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor,the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage as of 07/18/2014: Principal Balance $130,267.18 Interest $9,824.30 09/18/2013 through 07/18/2014 Late Charges $0.00 Insurance Balance $ .32 $995 Escrow Deficit $995.00 TOTAL $143,220.80 7. Plaintiff is not seeking a judgment of personal liability(or an in ep rson judgment) against the Defendant(s) in the Action;however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s)has/have received a discharge of personal liability in a bankruptcy proceeding,this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy,but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974,Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008,and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s)has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File#: 950823 . LEGAL DESCRIPTION ALL THAT CERTAIN property situated in the borough of new Cumberland in the county of Cumberland and commonwealth of Pennsylvania, being more fully described in a deed dated 01/25/2001 and recorded 01/29/2001, among the land records of the county and state set forth above, in deed volume 238 and page 552. tax map or parcel ID no. : 25-25-0006-416 PROPERTY ADDRESS: 109 WOODLAND AVENUE,NEW CUMBERLAND,PA 17070- 2060 PARCEL#25-25-0006-416. File#: 950823 LEGAL DESCRIPTION ALL THAT CERTAIN property situated in the borough of new Cumberland in the county of Cumberland and commonwealth of Pennsylvania, being more fully described in a deed dated 01/25/2001 and recorded 01/29/2001, among the land records of the county and state set forth above, in deed volume 238 and page 552. tax map or parcel ID no. : 25-25-0006-416 PROPERTY ADDRESS: 109 WOODLAND AVENUE,NEW CUMBERLAND, PA 17070- 2060 PARCEL#25-25-0006-416. File#: 950823 VERIFICATION Default Service I Melinda Girardeau , hereby state that I am Officer of CALIBER HOME LOANS, INC., mortgage servicing agent for Plaintiff in this matter. The Plaintiff has delegated the mortgage servicing responsibility to CALIBER HOME LOANS, INC. for the mortgage loan which is the subject of this action. Plaintiff lacks sufficient information to make this verification because Plaintiff is not the entity which maintains the business records for the mortgage. CALIBER HOME LOANS, INC. is in possession and control of all documents and records supporting the statements in the foregoing complaint and therefore the servicer, rather than the Plaintiff, is the appropriate entity to make this verification. I have reviewed the business records relating to this account, and am authorized to make this verification. I hereby verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure 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. §4904 relating to unsworn falsification to authorities. DATE: U`' at, oZo 14 Name: Melinda Girardeau Title: Default Service Officer LSF8 Master Participation Trust,by CALIBER HOME LOANS, INC., solely in its capacity as servicer File#: 950823 Name: MATTER File#: 950823 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY - PROT ;Vr4J tri 2{f4 NOV 20 P11 3: 1 7 CUMBERLAND COUNTY PENNSYLVANIA OFFICE OF THE SHERIFF LSF8 Master Participation Trust vs. Julie R. Matter (et al.) Case Number 2014-5177 SHERIFF'S RETURN OF SERVICE 09/19/2014 06:00 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: Michael Matter, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as "Not Found" at 109 WOODLAND AVE., New Cumberland Borough, New Cumberland, PA 17070. Deputies were advised by the defendant's son that he does not reside at this address, the son also stated that the defendant does reside at the 309 Third Street, Suite 4, New Cumberland, PA 17070. 09/24/2014 01:28 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: Michael Matter, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as "Not Found" at 309 Third Street, Suite 4, New Cumberland Borough, New Cumberland, PA 17070. Deputies were advised by Alexandrea Breski at this address, which is a business, that she does not know the defendant and he does not reside here. This address was a previous address for the defendant's law firm, an Internet search was unable to find a forwarding address for the law firm. TIM AC SEPUTY 10/02/2014 08:57 PM - Deputy Christopher Sharpe, 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: Julie R. Matter at 109 Woodland Avenue, New Cumberland Borough, New Cumberland, PA 17070. SHERIFF COST: $106.63 HRIS PH R SHARPE, DEPUTY SO ANSWERS, November 10, 2014 RONNY R ANDERSON, SHERIFF (c) CountvSuito Sher,I , 'teleosoft. Inc.