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HomeMy WebLinkAbout14-7371 Supreme Court_of Peiuzsylvania Cout ofCoffibu Pleas �` v For Prothonotar r f'se 0111r: rCo'ver,Sheet r,- Cwmeerland,;,`• CountyDocket�To: L The information collected,on this form is used solely for court administration purposes. This form does not Supplement or replace thefilNg and service ofpleadbW or other papers as required by law or rules of court. Commencement of Action: R Complaint ❑ Writ of Summons ❑ Petition S ❑ Transfer from another Jurisdiction ❑ Declaration of Taking E Lead Plaintiff Name: Lead Defendant's Name: C EVERBANK SAFRONIA L.PERRY T I Dollar Amount Requested within arbitration limits p Are money Damages requested?: ❑ Yes ® No (Check one) X outside arbitration limits 1 Is this a Class Action Suit? ❑ Yes ® NO Is this an MDJ Appeal? ❑ Yes ® NO Name of Plaintiff/appellant's Attorney: KML Law Group,P.C. ❑ Check here if you 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 APPEAL ❑ 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 S ❑ Premises Liability ❑ Zoning Board ❑ Product Liability(does not include ❑ Statutory Appeal: Other E mass tort) ❑ Employment dispute: C ❑ Slander/Libel Defamation Discrimination ❑ Other ❑ Employment Dispute:Other T ❑ Other: I Q MASS TORT ❑ Other ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort-DES REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort-Implant ❑ Ejectment ❑ Common Law/Statutory ❑ Toxic Waste ❑ Eminent Domain/Condemnation Arbitration B ❑ Other ❑ Ground Rent ❑ Declaratory Judgment ❑ Landlord/Tenant Dispute ❑ Mandamus ® Mortgage Foreclosure:Residential ❑ Non-Domestic Relations PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure:Commercial Restraining Order ❑ Dental ❑ Partition ❑ Quo Warranto ❑ Legal ❑ Quiet title ❑ Replevin ❑ Medical ❑ Other Professional: ❑ Other ❑ Other Pa.R.C.P. 205.5 Updated 1/1/2011 C t,r L �, , KML LAW GROUP,P.C. i.; , `� SUITE 5000-BNY MELTON INDEPENDENCE CENTER t} 'j L r ?9 L,11 10. 36 701 MARKET STREET Pfw ADELPmA,PA 19106 r ,' , , (866)413-2311 i r ' V, V Ell r .KMLLA GROUP.CON jN Z'I `COURT OF COMMON PLEAS EVERBANK 345 St.Peter Street OF Cumberland COUNTY 1100 Landmark Towers St.Paul,MN 55102 Plaintiff CIVIL ACTION-LAW SAFRONIA L.PERRY vs. ACTION OF MORTGAGE FORECLOSURE Mortgagor(s)and Record Owners) �CTIUN:ARUIUtU-i 230 North Pitt Street "-' No �s�� . Carlisle,'PA17013 Defendant(s) ' r 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 the 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 claim in the Complaint of 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 OR CANNOT AFFORD ONE,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD �CIES THAT MAY OFFER LEGALL SERVBCES TELIGIBLE A LAWYER,THIS OO PROVIDE YOU WITH INFORMATION ABOUT A PERSONS AT A REDUCED.FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle,PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle,PA 17013 717-243-9400 AVISO Le han demandado a usted en la conte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes,usted tiene veinte(20) dial de plazo al partir de la fecha de la demanda y la notificacion. Haee falta ascentar una comparencia esenta o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones 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 decider a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN D AGAR T�SERVICO VAYA EN PERSONA ONTE. SI NO TIENE OLLAME SI NO TIENE EL DINERO SUFICIENTE POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTR A ESCRTTA ABAJO PARA ��� S »S'4 AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA.LEGAL. Q44 C lc.�t -18L4444 SI USTED NO PUEDE PAGARLE PD�O OFREOCER ERV C OS LEGAL A PERSONAS INFORMACION ACERCA AGENCIAS QUE AN ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle,PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle,PA 17013 717-243-9400 ADED OWED TO OUR CLEENT, ANY INFOIRMATIQN OBTAINED FROM YOU RESOURCES AVAILABLE FOR HOMEOWNERS IN FORECLOSURE ACT NOW! Even though your lender(and our client)has O�CL SURE of Mortgage Foreclosure against you,You still maybe able to SAVE YOUR HOME FROM 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default.Please See the PHFA website http: /www. hfa.orconsumers/homeowners/real.as x. 5). Call the Plaintiff(your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center:bgn://wwwnhiladelphiafed orsJforeclosure/ 7). Call or contact our office to request the amount to bring the account current,or payoff the mortgage or request a Loan Workout/Home Retention Package. 825�2toll frfax number 5a6429.6-413-23 11 or via The figure and/or mad at homeretention(�,kmllawaroup.com.. Call Seth at 215 package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firms Homeowner Retention oDepartment is Davidber Fein who can be reached at 215-825-6318 or Fax: 215-825-6418.Pleasereference 1 C. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. C OMPLAIl�I'I IN MOR GAGE FORECLOSURE 1. Plaintiff is EVERBANK,301 West Bay Street Jacksonville,FL 32202. 2. The name(s)and address(es)of the Defendant(s)is/are SAFRONIA L.PERRY,230 North Pitt Street, Carlisle,PA 17013,who is/are the mortgagors)and record owner(s)of the mortgaged premises hereinafter described. 3. On March 30,2009 mortgagor(s)made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC.,ACTING SOLELY AS NOMINEE FOR SOVEREIGN BANK,which mortgage is recorded i the The mortoffice of gagee Recorder of Deeds of Cumberland County on April 02,2009 eo d instrument December.T e m as has been assigned to: EVERBANK by assignment of Mortgag are matters of public record and are Instrument#201237333. The Mortgage and Assignment(s) (if any) p which incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(8); Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more,fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for April 01,2014 and each month thereafter and by the terms of the Mortgage,upon default in such payments for a period of one month or more,the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage as of December 31,2014: PrincipalBalance....................................................................................$58,172.70 Interest from 03/01/2014 to 12/31/2014 at 4.5000%................................$2,178.51 Monthly interest at$218.15 $219.13 Late Charges ............................................. ......$0.00 Recoverable Balance........................................................................ 965.88 Escrow Balance............................................................................. $61,536.22 7. Plaintiff is not seeking a judgment of personal liability(or an"in versonam"judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right,if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding,this Action of Mortgage Foreclosure is, in no way,an attempt to re-establish the personal liability that was discharged in Bankruptcy,but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 8. Plaintiff sent Defendants the notice as required by 35 P.S. Section 1680 4001 et. Seq r by 41 P.S. Section 403 (Act 6 of 1974)or as required b the Mortgage("Notice"). A true and correct copy of the Notice is attached and incorporated as Exhibit"B". WHEREFORE;Plaintiff demands a de terns judgment in mortgage foreclosure in the sum of$61,947.36, together with monthly interest at$218.15,and other expenses,costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Note and Mortgage and Pennsylvania law until the Mortgage is paid in full,and for the foreclosure of the Mortgage a d Sheriff's Sale of the Property. By: KML LAW GROUP,P.C. Michael McKeever Pa. ID6129 Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa.ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa.ID 27615 Joshua I. Goldman Pa. ID 205047 Jill P. Jenkins Pa.ID 306588 Andrew F. Gornall Pa.ID 92382 Alyk L. Oflazian Pa. ID 312912 Salvatore Filippello Pa. ID 313897 Jennifer Lynn Frechie Pa.ID 316160 Attorneys for Plaintiff 4 t e VERIFICATION F Tina Marls as the representative of Green Tree Servicing LLC as servicer for the Plaintiff within named do hereby verify that I am authorized to and do make this t ! verification on behalf of Green Tree Servicing LLC as servicer for the Plaintiff and the facts set forth in the foregoing Complaint are true and correct to the best of my information and belief. I j understand that false:statements therein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. i Date: ecev%q IDCr 94 I RON Green Tree Servicing LLC Attorney in Fact for EverBank Tina Marls Asst.Vice President #140376FC-SAFRONIA L.PERRY 230 North Pitt Street Carlisle,PA 17013 i - } �hibit A COMIVTI rMNT FOR TITLE INSURANCE . I SCHEDULE A ' File No. 5100432 Commitment No.S100 932 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements situate in the Borough of Carlisle, County of Cumberland(Pennsylvania): BEGINNING on the East by North Pitt Street;on the South by property now or formerly of Arthur Rupley;the i North by West Penn Street;and on the West by lot now or formerly of Emanuel Steiglcman. CONTAINING 13 feet in fi-ont on North Pitt Street and extending in depth 85 feet to a lot now or formerly of Steigleman. I . I Eyv,,hibit `Exhibit has been redacted to remove allpersonally identifiable information or non-public information F1;'�.IAHs;u�;:d4=:rieF.'ls green tree Green Tree Servicing LLC PO Box 6172 Rapid City, SD 57709-6172 Phone: 1-877-624-8026 Fax: 1-866-870-9919 https://carenet.fnfismd.com/greentree October 29, 2014 ` Certified Maillo3 1��c) Return Receipt Requested Safronia L Perry 230 N Pitt St Carlisle, PA 17013 Subject: Pennsylvania Notice of Intention to Foreclose - Act 6 RE: Green Tree Servicing LLC Account Number: _3110 Property Address: 230 N Pitt St, Carlisle PA 17013 Brief identification of credit transaction: FHA Notice of Default, Right to Cure Default and Intention to Foreclose Mortgage The mortgage held by Green Tree Servicing LLC (hereinafter we, us or our) on your property located at 230 N Pitt St, Carlisle PA 17013 I5 IN SEERIOUS DEFAULT because you have not made the monthly payments of $ 550.14 due 04-01-14 through 10-01-14. Your default consists of: $ 3,779.48 payments past due (plus $ 584.42 fees and charges) totaling $ 4,363.90. Cure of default: Within 30 days from the postmarked date of this Notice, you may cure your default by paying $ 4,36.3.90, which consists of $ 4,187.63 for past due payments and $ 176.27 for late charges. Such payment must be made either by cashier's check, certified check, or money order, and can be made by sending payment to: Green Tree, PO Box 94710, Palatine, IL 60094-4710. Page 2 If you do not cure this default within THIRTY (30) DAYS, WE INTEND TO EXERCISE OUR RIGHT TO ACCELERATE THE MORTGAGE PAYMENTS. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of the default is not made within THIRTY DAYS (30) , WE ALSO INTEND TO INSTRUCT OUR ATTORNEYS TO START A LAWSUIT TO FORECLOSE YOUR MORTGAGED PROPERTY. IF THE MORTGAGE IS FORECLOSED, YOUR PROPERTY WILL BE SOLD. BY THE SHERIFF TO PAY OFF THE DEBT. If we refer your case to our attorneys, but -you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. IF YOU CURE THE DEFAULT WITHIN THE THIRTY DAY PERIOD, YOU WILL NOT BE REQUIRED TO PAY ATTORNEY'S FEES. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun: YOU STILL HAVE THE RIGHT TO CURE THE DEFAULT AND PREVENT THE SALE AT ANY TIME UP TO ONE HOUR BEFORE THE SHERIFF'S FORECLOSURE SALE. YOU MAY DO SO BY PAYING THE TOTAL .AMOUNT OF THE UNPAID MONTHLY PAYMENTS PLUS ANY LATR OR OTHER CHARGES THEN DUE, AS WELL AS THE REASONABLE ATTORNEY'S FEES AND COSTS CONNECTED WITH THE FORECLOSURE SALE. It is estimated that the earliest that such a Sheriff's sale could be held would be approximately not less than ninety days from the date of this notice. A notice of the date of the Sheriff's sale will be sent to you before the sale. Of course, the amount needed to reinstate the default will increase the longer you wait. You may find out at any time exactly what the required_payment will be by calling us at the following number: 1-877-624-8026. The payment must be in cashier's check, . certified check, or money order and made payable to us at the address stated above. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. Pennsylvania Notice of Intention to Foreclose-Act 6, 07/13/2012 NTC-016. DF143-036 BHE Page 3 You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. (YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES, AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THIS SALE, [AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED.] CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST) . YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY AGENT ACTING ON YOUR BEHALF. IF YOU CURE THE DEFAULT, THE MORTGAGE WILL BE RESTORED TO THE SAME POSITION AS IF THE DEFAULT HAD NOT OCCURRED. HOWEVER, YOU ARE NOT ENTITLED TO THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR. If you have any questions, call the undersigned immediately. You may also write the undersigned at the above address. Sincerely, Green Tree 1-877-624-8026 Monday through Friday 7 a.m. - 8 p.m. and Saturday 7 a.m. - 1 p.m. CST. cc: Customer File This communication is from a debt collector. It is an attempt to collect a debt, and any information obtained will be used for that purpose. Pennsylvania Notice of Intention to Foreclose-Act 6, 07/13/2012 NTC-016 DF243-020 BHE Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY prrCE, OF THE rg?.ER r= 2015 JAN. i 5 PM 3: 1 y CUMBERLAND CO.��f RENNSYLVAI IA EverBank vs. Safronia L Perry Case Number 2014-7371 SHERIFF'S RETURN OF SERVICE 01/12/2015 09:08 PM - Deputy Noah Cline, 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: Safronia L Perry at 230 North Pitt Street, Carlisle Borough, Carlisle, PA 17013. fiOAH CLINE, DEPUTY SHERIFF COST: $34.90 SO ANSWERS, January 13, 2015 RONR ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoff, Inc.