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HomeMy WebLinkAbout14-7105 ' t For Prothonotary Use Only: Supreme-Ca=urt.,cf' Pe n n sy Ivania. ommon Pleas -1v it b6w,' Ktet � mbI�l"and Docket No. /n%sCounty The information collected on this form is used solely for court adminisir•ation purposes. This forin does not supplement or replace thefiling and service of leadin s or other papers as required by Imp or rules of court. Commencement of Action: S ®Complaint ❑ Writ of Summons ❑ Petition E ❑Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiffs Name:Nationstar Mortgage LLC Lead Defendant's Name:Shawn Grdjan,Administrator of the Estate of Theodore A. T Grdjan,Deceased Mortgagor and Real Owner I Are there money damages requested? ❑ Yes ® No Dollar Amount Requested: ❑within arbitration limits Q (check one) ❑outside arbitration limits N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes ® No A Name of Plaintiff/Appellant's Attorney:McCabe,Weisberg&Conway,P.C. ❑ Check here if you have no attorney(a Self-Represented (Pro Sed Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that } you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑Intentional ❑Buyer Plaintiff Administrative Agencies ❑Malicious Prosecution ❑Debt Collection:Credit Card ❑Board of Assessment ❑Motor Vehicle ❑Debt Collection:Other ❑Board of Elections ❑Nuisance ❑Department of Transportation ❑Premises Liability(does not include ❑Statutory Appeal: Other S mass tort) E IDSlander/Libel/Defamation ❑Employment Dispute: ❑Other: Discrimination C ❑Employment Dispute:Other ❑Zoning Board i T ❑Other I O ❑Other N MASS TORT ❑Asbestos ❑Tobacco ❑Toxic Tort-DES ❑Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS B ❑Toxic Waste ❑Ejectment ❑Common Law/Statutory Arbitration ❑Other: Judgment ❑Eminent Domain/Condemnation ❑Declaratory ❑Ground Rent ❑Mandamus ❑Landlordfrenant Dispute ❑Non-Domestic Relations ®Mortgage Foreclosure:Residential Restraining Order ❑Mortgage Foreclosure:Commercial ❑Quo Warranto PROFESSIONAL LIABILITY ❑Dental ❑Partition ❑ Replevin ❑Legal ❑Quiet Title ❑Other: ❑Medical ❑Other: } ❑Other Professional: t Updated 1/1/2011 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 i l ANN E. SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P. DERKRIKORIAN,ESQUIRE-ID#313673 LENA KRAVETS,ESQUIRE-ID#316421 CAROL A. DiPRINZIO,ESQUIRE-ID#316094 r y 123 South Broad Street, Suite 14003-1 �r Philadelphia,Pennsylvania 19109 215 790-1010 Nationstar Mortgage LLC Cumberland County 350 Highland Drive Court of Common Pleas � y Lewisville, TX 75067 Number V. Shawn Grdjan, Administrator of the Estate of Theodore A. Grdjan,Deceased Mortgagor and Real Owner 613 Hummel Avenue Lemoyne,PA 17043 COMPLAINT IN MORTGAGE FORECLOSURE d File#14-101058 Page 1 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 USTED LE DEBE TOMAR ESTE TO YOUR LAWYER AT ONCE. IF YOU PAPEL A SU ABOGADO DO NOT HAVE A LAWYER, GO TO OR INMEDIATAMENTE. SI USTED NO TELEPHONE THE OFFICE SET FORTH TIENE A UN ABOGADO, 'VA A O BELOW. THIS OFFICE CAN PROVIDE TELEFONEA LA OFICINA EXPUSO YOU WITH INFORMATION ABOUT ABAJO. ESTA OFICINA LO PUEDE HIRING A LAWYER. 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 SI USTED 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#14-101058 Page 2 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is Nationstar Mortgage LLC, duly organized and doing business at the above-captioned address. 2. The Defendant is Shawn Grdjan,Administrator of the Estate of Theodore A.Grdjan, Deceased Mortgagor and Real Owner, and his/her last-known address is 613 Hummel Avenue, Lemoyne, PA 17043. 3. On July 13, 2004, Theodore A. Grdjan and Judy S. Grdjan, mortgagors, made, executed and delivered a mortgage upon the premises hereinafter described to Ameriquest Mortgage Company which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1873, Page 3245 ("the Mortgage"), such Mortgage being incorporated herein by reference pursuant to Rule 1019(g)Pa. R. C. P. 4. On July 13, 2004, Theodore A. Grdjan and Judy S. Grdjan, 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. On July 26,2004,the Mortgage was assigned by Ameriquest Mortgage Company to Mortgage Electronic Registration Systems,Inc.,by Assignment of Mortgage,recorded in the Office of the Recorder of Cumberland County in Mortgage Book 714, Page 4372, such Assignment of Mortgage being incorporated herein by reference pursuant to Rule 1019(g)Pa.R. C.P. 6. On March 13,2014,the Mortgage was assigned by Mortgage Electronic Registrations Systems, Inc., its successors and/or assigns to Nationstar Mortgage LLC, Plaintiff herein, by Assignment of Mortgage, recorded in the Office of the Recorder of Cumberland County as File#14-101058 Page 3 Instrument Number 201407166, such Assignment of Mortgage being incorporated herein by reference pursuant to Rule 1019(g)Pa. R. C. P. 7. On August 8, 2007, Judy S. Grdjan departed this life leaving title vested solely in Theodore A. Grdjan by operation of law. 8. On August 6,2013,Theodore A.Grdjan departed this life.Letters of Administration were granted unto Shawn Grdjan, Administrator of the Estate of Theodore A. Grdjan, Deceased Mortgagor and Real Owner. 9. The premises subject to said mortgage is described in the legal description attached as Exhibit"A" and is known as 613 Hummel Avenue, Lemoyne,Pennsylvania 17043. 10. The mortgage is in default because monthly payments of principal and interest upon said mortgage due November,1, 2013 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. 11. The following amounts are due on the mortgage: Principal Balance $ 67,345.75 Interest through September 9, 2014 $ 5,2.14.78 (Plus $15.22 per diem thereafter) Escrow Advance $ 1,599.99 Property Inspection Costs $ 90.00 NSF Fees $ 15.00` GRAND TOTAL $ 74,265.52 12. 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#14-101058 Page 4 13. This is an in rem action only against the aforesaid mortgaged premises.Plaintiff is not seeking a judgment of personal liability against the Defendant, but reserves its right to do so in a separate legal action if such right exists. If the Defendant has received a discharge of personal liability in a bankruptcy proceeding,this action is in no way an attempt to re-establish such liability. WHEREFORE, Plaintiff demands in rem Judgment against the Defendant in the sum of $74,265.52, together with interest at the rate of$15.22 per diem and other costs-66d charges collectible under the mortgage and for the foreclosure and s o e gaged property. McCABE,WEISB & Y, P.C. BY: [ ]Terrence J c e/Eire [ ] Marc S.Weisberg,Esquire [ ]Edward nway [ ] Margaret Gairo,Esquire Andrew L.Markowire [ ]Heidi R. Spivak,Esquire [ ]Krian sa J.Cohen,Esquire [ ]Christine L.Graham,Esquire T.LaManna, Esquire [ ]Ann E.Swartz,Esquire ]Joseph F.Riga,Esquire [ ]Joseph I.Foley,Esquire [ ]Celine P.DerKrikorian,Esquire [ ]Lena Kravets,Esquire [ ] Carol A.DiPrinzio,Esquire Attorneys for Plaintiff RE: Theodore A. Grdjan and Judy S. Grdjan/Property Address: 613 Hummel Avenue,Lemoyne, Pennsylvania 17043 FILE#: 14-101058 File#14-101058 Page 5 e i VERIFICATION Christy Vieau , hereby states that he/she is Document Execution Specialist of Nationstar Mortgage LLC, Plaintiff in this matter, that he/she is authorized to make this Verification, and verify that the statements of fact made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. �1 DATE: 11/20/2014 Name: Christy V= eau Document Execution Specialist File#: 14-101058 Name: Nationstar Mortgage LLC v. Shawn Grdjan,Administrator of the Estate of Theodore A. Grdj an, Deceased Mortgagor and Real Owner t File#14-101058 Page 6 EXHIBIT "A" 613 HUMMEL AVENUE LEMOYNE, PA 17093 CUMBERLAND County �AH1Ll1• A� ALL that certain lot, tract or parcel of land and premises situate, lying and being in the Borough of Lemoyne in the County of Cumberland and Commonwealth of Pennsylvania more particularly described as follows: BEGINNING at a point on the northerly line of Hummel Avenue at the distance of ninety-two and one half (92-1/2) feet more or less measured in a westerly direction from the northwestern corner of Hummel Avenue and Sixth Street, formerly Raspberry Alley; thence in a northerly direction along the line running through the center of a partition wall of a double frame dwelling house erected in part on said lot, and beyond one hundred fifty (150) feet to a point on the southern line of Apple Alley; thence in a westerly direction.along the southerly line of Apple Ailey, seventeen and one half (17-1/2) feet, more or less, to a point; thence in a southerly direction along the east line of Lot No. 81, Section "D" on the hereinafter mentioned plan of lots one hundred fifty (150) feet to a point on the northerly line of Hummel Avenue; thence in an easterly direction along the northerly line of Hummel Avenue seventeen and one half (17-i/2) feet to a point, the place of Beginning. BEING the western half of Lot No. 80, Section "D" on the Plan No. 1 of Riverton, said plan recorded in Plan Book "S-27" Page 882, Cumberland County Records. UNDER AND SUBJECT to all applicable restrictions, reservations, easements and rights-of-way of record. HAVING thereon erected the western half of a two and one-half (2-1/2) story frame dwelling house, and being known as 613 Hummel Avenue, Lemoyne, Pennsylvania. TOGETHER with the right to maintain the jointly used sanitary sewer facilities presently in place in the premises above described upon premises No. 611 Hummel Avenue adjoining to the east, as more fully set forth in the Agreement between Blanche M. Steever, widow of the one part and Dorothy McDowell, Executrix of the Estate of Archie F. Burk; deceased, and Dorothy McDowell, individually and other residuary beneficiaries under the Will of the said Archie F. Burk, date as of March 20, 1978 and recorded or to be recorded in the Cumberland County Recorder's office, and under and subject to the rights of the said Blanche R. Steever, and her heirs and assigns, owners of premises No. 611 Hummel Avenue under the said Agreement. l• FORM I Nationstar Mortgage LLC IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVMIA-3 Ci VS. © �; C-) Theodore A.Grdjan and Shawn Grdjan,Administrator �! v Civil ,— of the Estate of Theodore A. Grdjan, Deceased Mortgagor and Real.Owner - Defendants ZG N c�tr NOTICE OF RESIDENTIAL MORTGAGE FORECLOSU`�RE 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 m ust 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. 2 Respect y ub ' Date [Sign f Counseffor Plaintiff] 1a-101058 Page 1 FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date: Cumberland County Court of Common Pleas Docket# BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance,your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUSTOMER/PRIMARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes❑No❑ Listing date: Price$ Realtor Name: Realtor Phone: Borrower Occupied? Yes❑No❑ Mailing Address(if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people on household: How long? CO-13ORRONNIER 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: Types 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 Exuenses:(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/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income&Expenses: Have you been working with a Housing Counseling Agency? Yes❑No❑ If yes,please provide the following information: Counseling Agency: Counselor: Phone(Office): Fax. 2 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program(HEMAP)assistance? Yes❑No❑ If yes,please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your deliquency? Yes❑No❑ If yes,please indicate the status of those negotiations: Please provide the following information,if known,regarding your lender or lender's loan servicing company: Lender's Contact(Name): Phone: Servicing Company(Name): Contact: Phone: I/W e; ,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 following information to lender and lender's counsel: Proof of income f Past 2 bank statements f Proof of any expected income for the last 45 days V Copy of a current utility bill Vr Letter explaining reason for delinquency and any supporting documentation(hardship letter) Listing agreement(if property is currently on the market) 3 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ci Fr e.e OF ME; $HERiFF I�r ROi `i T; , r ,t� 1U11iOEC 19 PM 3.. 23 s MENNSY � I NIE� `�" L7 , Nationstar Mortgage, LLC vs. Shawn Grdjan Case Number 2014-7105 SHERIFF'S RETURN OF SERVICE 12/11/2014 07:36 PM - Deputy Jamie DiMartile, 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: Shawn Grdjan at 613 Hummel Avenue, Lemoyne, PA 17043. JA IE DIMARTILE , DEPUTY SHERIFF COST: $46.08 SO ANSWERS, December 12, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft, Inc.