HomeMy WebLinkAbout15-0138 For Prothonotary Use Only: —
Supreme Cours..cif' Pennsylvania.
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The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace thefifing and service of leadin s or other papers as required by law 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:LSF8 Master Participation Trust Lead Defendant's Name:Cindy S.Rhoads
T
I Are there money damages requested? ❑ Yes ®No Dollar Amount Requested: ❑within arbitration limits
O (check one) ❑outside arbitration limits
N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes ® No
A Name of PlaintifflAppellant's Attorney:McCabe,Weisberg&Conway.
❑ Check here if you have no attorney(a Self-Represented [Pro Sel 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)
i E ❑Slander/Libel/Defamation ❑Employment Dispute:
❑Other: Discrimination
C ❑Employment Dispute: Other ❑Zoning Board
T ❑Other
I
O ❑Other
N MASS TORT
❑Asbestos
❑Tobacco 11 11
❑Toxic Tort-DES
❑Toxic Tort-Implant
gREAL PROPERTY MISCELLANEOUS
❑Toxic Waste ❑Ejectment ❑Common Law/Statutory Arbitration
❑Other: ❑Eminent Domain/Condemnation ❑Declaratory Judgment
❑Ground Rent ❑Mandamus
❑Landlord/Tenant Dispute ❑Non-Domestic Relations
0 Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABILITY ❑Mortgage Foreclosure:Commercial ❑Quo Warranto
❑Dental ❑ Partition ❑ Replevin
❑Legal ❑Quiet Title ❑Other:
❑Medical ❑Other:
❑Other Professional:
Updated 1!1/2411
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McCABE,WEISBERG & CONWAY, P.C. Attorneys for Plaintiff
e, 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# 31.0321
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
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 / I
as �s
V.
Cindy S. Rhoads
343 Old State Road
Gardners, PA 17324
COMPLAINT IN MORTGAGE FORECLOSURE
File# 14-105230
'D IS
E
You have been sued in court. If you wish to Le han demandado a usted en la corte. Si
y defend against the claims set forth in the usted quiere defenderse de estas demandas
E ° 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
YOU SHOULD TAKE THIS PAPER derechos importantes para usted.
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. SI USTED NO TIENE
BELOW. THIS OFFICE CAN PROVIDE A UN ABOGADO, VA A O TELEFONEA
YOU WITH INFORMATION ABOUT LA OFICINA EXPUSO ABAJO. ESTA
HHUNG A LAWYER. OFICINA LO PUEDE PROPORCIONAR
IF YOU CANNOT AFFORD TO CON INFORMATION ACERCA DE
HIRE A LAWYER, THIS OFFICE MAY BE EMPLEAR A UN ABOGADO.
ABLE TO PROVIDE YOU WITH Sl USTED N O PUEDE
INFORMATION ABOUT AGENCIES THAT PROPORCIONAR PARA EMPLEAR UN
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# 14-105230
D....o I
i
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 Cindy S. Rhoads, who is the mortgagor and owner of the mortgaged
property hereinafter described,and his/her last-known address is 343 Old State Road,Gardners,PA 17324.
4. On December 24, 2007, Cindy S. Rhoads, mortgagor, 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 Cumberland County as Instrument Number
200747597 (the "Mortgage"), such Mortgage being incorporated herein by reference pursuant to Rule
1019(g)Pa. R. C.P.
5. On December 24, 2007, Defendant, Cindy S. Rhoads, also executed a promissory note
secured by the 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.
6. On September 9, 2014, the Mortgage was assigned by Household Finance Consumer
Discount Company, by Caliber Home Loans, Inc., as attorney in fact to LSF8 Master Participation Trust,
by Assignment of Mortgage, recorded in the Office of the Recorder of Cumberland County as Instrument
Number 201420831,such Assignment of Mortgage being incorporated herein by reference pursuant to Rule
1019(g)Pa. R. C.P..
7. The premises subject to the Mortgage is described in the legal description attached as Exhibit
"A" and is known as 343 Old State Road, Gardners,Pennsylvania 17324.
8. The Mortgage is in default because monthly payments of principal and interest upon said
Mortgage due November 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.
File# 14-105230
Page 3
9. The following amounts are due * on the Mortgage:
A
Principal Balance $ 154,913.50
Interest through December 10, 2014 $ 37,745.12
(Plus$47.19 per diem thereafter)
Attorney's Fee * $ 2,350.00
Tax Balance $ 5,438.20
Appraisal or Broker's Priced Opinion(BPO)Fee $ 100.00
Late Charge $ 2,341.93
Property Inspection Fee $ 150.00
GRAND TOTAL $ 203,038.75
*The estimated 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 mortgage documents and the reduction provisions of Act 6, if applicable.
10. 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.
VaffiREFORE,Plaintiff demands in rem Judgment against the Defendant in the sum of$203,038.75,
together with interest at the rate of$47.19 per diem and other costs and charges collectible under the
Mortgage and for the foreclosure and sale of the mortgaged property'
McCABE,WE E CONWAY,P.C.
BY:
[ ]Terre ce J. c e,Esquire [ ]Marc S.Weisberg,Esquire
[ ]Edw . Co ay,Esquire [ ]Margaret Gairo,Esquire
[ ]]Andrew L. rkowitz,Esquire [ ]Heidi R. Spivak,Esquire
isa J. ohen,Esquire [ ] Christine L. Graham,Esquire
[ Brian T.LaManna,Esquire [ ]Ann E. Swartz,Esquire
[ ]Joseph F.Riga,Esquire [ ]Joseph L Foley,Esquire
[ ]Celine P.DerKrikorian,Esquire [ ]Lena Kravets,Esquire
[ ]Carol A.DiPrinzio,Esquire
Attorneys for Plaintiff
File# 14-105230
Page 4
' VERIFICATION
The undersigned, Kolette Modlin does hereby certify that he/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
On 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.
Dated: ) gy;
Name: Kolette Modlin
Title: ✓' '-4lA- YICe O-a" C421
LSF8 Master Participation Trust, by Caliber Home
Loans,Inc., solely in its capacity as servicer
Name: LSF8 Master Participation Trust v. Cindy S.Rhoads
Loan Number ending with: 8516
File# 14-105230
Page 5
EXHIBIT A (PAGE 11
ALL THAT CERTAIN PROPERTY SITUATED IN THETOWNSHIP OF
DICKINSON IN THE COUNTY OF CUMBERLAND ANDCOMMONWEALTH OF
PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A DEED DATED
08/30/1996 AND RECORDED 08/30/ 1996, AMONG THE LAND RECORDS
OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED VOLUME 145
AND PAGE 370. TAX MAP OR PARCEL ID NO. : 08-38-2175-014
FORM l c.
LSF8 Master Participation Trust IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA -
VS.
Cindy S. Rhoads 6�"—I s •Epi ivil Vii'
Defendant
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(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.
Respectfully su
,JV-J
Date [Si ature o ou 1 for Plaintiff]
14-105230
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:
CUSTOM
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-BORROWER
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:
Type 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 ye$,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):
I• 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
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/Tuft. 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 0 No 0
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 0No0
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/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 obilligation
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
Past 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)
3