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Home My WebLink About15-0322 For Prothonotary Use Only: Supreme �Cou.r-,.-of Pennsylvania coq � ' + Pleas, ►; Ikla `. ?fit and Docket No. ^ #9 � 19 ' ty �' -Is_,_ C33 The information collected on this form is used solely for court administration pwposes. This form does not su lement or replace thefiling and service ofpleadings or other a ers as required by law or rules o court. Commencement of Action: S ®Complaint ❑ Writ of Summons ❑ Petition E ❑Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiffs Name:Mid America Mortgage,Inc. Lead Defendant's Name:John P.Kamarer 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 Plaintiff/Appellant's Attorney:McCabe.Weisberg&Conway,P.C. 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) E ❑Slander/Libel/Defamation ❑Employment Dispute: ❑Other: Discrimination C ❑Employment Dispute:Other ❑Zoning Board T ❑Other I O ❑Other N MASS TORT ❑Asbestos ❑Tobacco ❑Toxic Tort-DES ❑Toxic Tort-Implant B ❑Toxic Waste REAL PROPERTY MISCELLANEOUS ❑Other: ❑Ejectment ❑Common Law/Statutory Arbitration ❑Eminent Domain/Condemnation ❑Declaratory Judgment ❑Ground Rent ❑Mandamus ❑Landlord/Tenant Dispute ❑Non-Domestic Relations 19 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABILITY ❑Mortgage Foreclosure:Commercial ❑Quo Warranto ❑Dental ❑Partition ❑Replevin I ❑Legal ❑Quiet Title ❑Other: 1 ❑Medical ❑Other: ❑Other Professional: 3 (`I Updated 1/12011 � 6 f S ES F j`.'-I n �Lylii f r Tr MCCABE,WEISBERG& CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff 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 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 Mid America Mortgage,Inc. Cumberland County 15301 Spectrum Dr, Suite 405 Addison,TX 75001 Court of Common Pleas Number `�— 'V 1 V. of `� John P.Kamarer 93 Oneida Road Gamp Hill,PA 17011 COMPLAINT IN MORTGAGE FORECLOSURE V a File 14-105820 # &�P 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, 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 ypuede 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 HIRING 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 SI USTED NO PUEDE INFORMATION ABOUTAGENCIES THAT PROPORCIONAR PARA EMPLEAR UN MAY OFFER LEGAL SERVICES TO ABOGADO, ESTA OFICINA PUEDE SER ELIGIBLE PERSONS ATA 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 1.7013. REDUCIDO NI NINGUN HONORARIO. (800) 990-9108 Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 (800) 990-9108 File#14-105820 Page 2 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is Mid America Mortgage,Inc. 2. The Defendant is John P. Kamarer, who is the mortgagor and owner of the mortgaged property hereinafter described,and his/her last-known address is 93 Oneida Road,Uamp Hill,PA 17011. 3. On September 25, 2002, John P. Kamarer, mortgagor, made, executed and delivered a Mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc., as nominee for Principal Residential Mortgage,Inc.,its successors and/or assigns which Mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1776,Page 1224(the"Mortgage"), such Mortgage being incorporated herein by reference pursuant to Rule 1019(g)Pa.R. C.P. 4• On September 25, 2002, Defendant, John P. Kamarer, 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. 5. The aforesaid Mortgage was thereafter assigned by Mortgage Electronic Registration Systems, Inc., as nominee for Principal Residential Mortgage, Inc., its successors and/or assigns to Mid America Mortgage, Inc., by Assignment of Mortgage executed on December 11, 2014 which will be duly recorded in the Office of the Recorder for Cumberland County. 6. The premises subject to the Mortgage is described in the legal description attached as Exhibit "A"and is known as 503 4th Street,New Cumberland,Pennsylvania 17070. 7. The Mortgage is in default because monthly payments of principal and interest upon said Mortgage due July 1,2014 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#14-105820 Page 3 C y 8. The following amounts are due * on the Mortgage: Principal Balance $ 109,122.65 Interest through December 29,2014 $ 2,817.53 (Plus$409.20 per month thereafter) Late Charges $ 245.00 Attorney's Fee * $ 1,650.00 Escrow Advance $ 819.88 Mortgage Insurance Premiums(MIP) $ 39.22 Property Inspection Fees $ 80.00 Property Preservation Fees $ 60.00 n GRAND TOTAL $ 114,834.28 *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. 9. Plaintiff complied with all notice requirements as prescribed by 41 P.S. §101,et seq.(Act I 6),and 35 P.S. 1680.401c,et seq. (Act 91),as applicable. ' WHEREFORE,Plaintiff demands in rem Judgment against the Defendant in the sum of$114,834.28, 4 { together with interest at the rate of$409.20 per month and other costs and charges collectible under the Mortgage and for the foreclosure and sale of the mortgaged property. SII McCABE,WEISBERG& CONWAY,P.C. BY: [ ]Terrence J cCabe,Esquire [ ]Marc S.Weisberg,Esquire [ ]Edward D.Conway,Esquire ,[+Margaret Gairo,Esquire [ ]Andrew L.Markowitz,Esquire [ ]Heidi R.Spivak,Esquire [ ]Marisa J.Cohen,Esquire [ ]Christine L.Graham,Esquire j [ ]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#14-105820 Page 4 i { I Exhibit "All File Number: 02_g �KS ALL THAT CERTAIN tract or situate in the Township parcel of land situate in the Borough more Particularl of Lower Alien, County of Cumberland and Commonwealth of Penns Iof New Cumberland, rmerly Y bounded and described as follows: y ansa, BEGINNING at a point at the intersection of 4'h the concrete walk; thence along said concrete Street and Geary degrees 47 minutes West, SO feet to a in walk and alon Avenue, said point being at a pin in concrete; thence pin; g the northerly line of 4"' Street, South 44 North 44 degrees 47 minutes North 45 degrees l3 minutes West, 75 feet to a nail in Gey Avenue (which East, 50 feet to a pin ; the along the westerly line of ( htci line is a distance from the concrete walk running along the curb South S degrees 13 minutes East, 7S feet to a point,the place of BEGINNING. line thereof} BEING Lot No. 2- A on a Plan Cumberland Countyof Marie Hake Goudy, recorded in the Office of the recorder of Deeds , Pennsylvania, in Plan Book 27 Block "N"ofButtorfFs Second Addition to New Cumberl a 5d.2. Said tot is a part of Lots 1, 2, 3 and 4f HAVING THEREprI ERECTED atwo-sto ' Street, New Cumberland, Pennsylvania. ry frame dwelling house known and numbered 543 4`h BEING the sante premises which Matthew R. 07/03/01 in Cumberland Count Kozak, si g 1 I33e man' by Deed dated 06/29/01 and recorded Kamarer, in fee. Pae y Record Book 247, granted and conveyed unto John p Parcel No: 25-25-0006-07A Accuracy of acreage content and/or square footage not guaranteed. be recO1'Jed If, ('Umberland County PA _A Recorder of Deeds BIN 776PG-1 234 Printed on:12/2/2014 10:21:11 AM BY:Lisa Brevard(Lisa.Brevard) Page 21 FORM 1 Mid America Mortgage, Inc. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA vs. k John P.Kamarer �— o Defendant 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 sure action,you'may be able to participate in a court-supervised conciliation conference n an effortto resolvehis matter with our lender. y 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 la wyer coplte a financial worksheet in the format attached hereto,your lawyer will prepare and file a Request for Concil ation 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: Date =; [ e of A— gnaounsel for Plaintiff] Cz r\) , ~< cn :;rj 14-105820 Page I 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: Is the property for sale? State: Zip: Yes(]No❑ Listing date: Realtor Name: Price$ Borrower Occupied? Yes❑No❑ Realtor Phone: Mailing Address(if different): City: Phone Numbers: State: Zip: Home: Office: Cell: Email: Other: #of people on household: How long? • t • ' tit Mailing Address(if different): City: Phone Numbers: State: Zip: Home: Office: Cell: Email: Other: #of people on household: How long? 0 P4001111 First Mortgage Lender: Type of Loan: Loan Number: Second Mortgage Lender: Date You Closed Your Loan: 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: Amount owed: Year: Value: Autom�#2: Model: Amount owed: Year: Other transportation(automobiles boats motorcv lest Value: Year. Model 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 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 Install.Loan Payment Other prop.payment Cable TV Child Support/Alim. Spending Money Da /Child Care/Tuit. Other Ex enses 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 0No❑ 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 11 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/We, authorize the named to use/refer this information to my lender/servicer for the sole purpose of above evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obiligation 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: V Proof of income Ir 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(hardshi letter Listing agreement(if property is currently on the market) p ) 3