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HomeMy WebLinkAbout13-1495 Paz r Rtl'ti;a,"1 y+l a PHELAN HALLINAN, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215 -563 -7000 NATIONSTAR MORTGAGE, LLC 350 HIGHLAND DRIVE COURT OF COMMON PLEAS LEWISVILLE, TX 75067 CIVIL DIVISION Plaintiff V. TERM CYNTHIA C. MARKS NO. 1031 HEMLOCK LANE ENOLA, PA 17025 -2043 CUMBERLAND COUNTY Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE CIS) M4 a /03 Fie# 302719 - 4 1QMS1 ��a3�(!)(a I . Plaintiff is NATIONSTAR MORTGAGE, LLC 350 HIGHLAND DRIVE LEWISVILLE, TX 75067 2. The name(s) and last known address(es) of the Defendant(s) are: CYNTHIA C. MARKS 1031 HEMLOCK LANE ENOLA, PA 17025 -2043 who is /are the mortgagor(s) and /or real owner(s) of the property hereinafter described. 3. On 01 /04/2008 CYNTHIA C. MARKS made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR COUNTRYWIDE BANK, FSB. which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 200801397. By Assignment of Mortgage recorded 05/21/2012 the mortgage was assigned to Bank of America, NA, s/b /m to BAC Home Loans Servicing, LP, fka, Countrywide Home Loans Servicing, LP which Assignment is recorded in Assignment of Mortgage Instrument No. 201214985. The PLAINTIFF is now the mortgagee and is in the process of formalizing an assignment of same. 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 03/01/2012 and each month thereafter are due and unpaid, and by the terms File # 302719 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 Principal Balance $221,873.86 Interest 02/01/2012 through 3/13/2013 $13,311.61 Property Inspections $12.00 Property Preservations $0.00 AppraisalBPO $0.00 Non Sufficient Funds Charge $0.00 Escrow Deficit $2,713.76 Subtotal $2,725.76 Suspense Credit $0.00 Escrow Credit $0.00 TOTAL $237,911.23 7. Plaintiff is not seeking a judgment of personal liability (or an in personam 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 Pile # 302718 meet with the Plaintiff or an authorized consumer credit counseling agency, or has /have been denied assistance by the Pennsylvania Housing Finance Agency. 9. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $237,911.23, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN, LLP By: ; Jo h ichael Kolesnik, Esq., Id. No.308877 orney for Plaintiff File 4 302719 LEGAL DESCRIPTION ALL that certain tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern right -of -way line of Hemlock Lane as shown on the hereinafter named Plan of Lots, common corner of Lot Nos. 113 and 114; thence along Lot No. 114 North 18 degrees 23 minutes West 119.30 feet to a point at lands now or late of B & D Land Company; thence along said lands North 71 degrees 37 minutes East 85.00 feet to a point, common corner of Lot Nos 112 and 113; thence along Lot No. 112 South 18 degrees 23 minutes East 1 19.30 feet to a point on the northern right -of -way line of Hemlock Lane; thence along same South 71 degrees 37 minutes West 85 feet to a point, common corner of Lots Nos. 113 and 114. the point and place of BEGINNING. BEING Lot No. 113 as shown on a Final Subdivision Plan No. 4 of Treemont prepared by D.P. Raffensperger Associates of Camp Hill, dated April 21, 1986 and recorded June 5, 1986 in the Office of the Recorder of Deeds in and for Cumberland County at Plan Book 51, Page 42. BEING Parcel No. 09 -13- 0998 -072 PROPERTY ADDRESS: 1031 HEMLOCK LANE, ENOLA, PA 17025 -2043 PARCEL # 09 -13- 0998 -072 File# 302718 VERIFICATION Daniel Robinson hereby states that he /she is VA ` f NATIONSTAR MORTGAGE, LLC, Plaintiff in this matter, that he /she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his /her 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. 3131.3 me• DATE: L13 13 Daniel Robinson Title: NATIONSTAR MORTGAGE, LLC File #: 302718 Name: MARKS File # 302718 FORM 1 IN THE COURT OF COMMON PLEAS NATIONSTAR MORTGAGE, LLC OF CUMBERLAND COUNTY, PENNSYLVAN�& Plaintiff(s) vs. r° CYNTHIA C. MARKS Defendant(s) Civil —, NOTICE OF RESIDENTIAL MORTGAGE FORECLOSEt 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 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 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 arguments 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: 3 k ?la l Date r J n ichael Kolesnik, Esq., Id. 0.308877 Attorney for Plaintiff 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 counseling agency. Please provide the following information to the best of your knowledge: 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 in household: How long? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: _ Cell: Other: Email: # of people in household: How long? First Mortgage Lender: _ Type of Loan: Loan Number: Date You Closed Your Loan: _ Second Mortgage Lender: _ Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Am ount 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: I . Monthly Gross Monthly Net 2 Monthly Gross Monthly Net 3- Monthly Gross Monthly Net 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 ° 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 Su ort/Alim. Spending Mone Day /Chi Care /Tuft. 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: 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 delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: L,ender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: 1 /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 obligation to use the counseling 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: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) 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 Pile 4 302718 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff - w qtr t t�antser �S rnEV :, ' -I Jody S Smith =rT. ro Chief Deputy r— Richard W Stewart Solicitor Nationstar Mortgage LLC Case Number vs. Cynthia C Marks 2013-1495 SHERIFF'S RETURN OF SERVICE 04/02/2013 07:53 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program &Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Cynthia C Marks at 1031 Hemlock Lane, East Pennsboro, Enola, PA 17025. SON KINSLER, DEPUTY SHERIFF COST: $43.00 SO ANSWERS, 6Z 1K ,�- ), " April 03, 2013 R-ONO R ANDERSON, SHERIFF ..uncaCu h°ett osrP.: �.,. Nationstar Mortgage LLC : IN THE COURT OF COMMON PLEAS 350 Highland Drive : CUMBERLAND COUNTY, Lewisville, TX 75067 : PENNSYLVANIA Plaintiff V. : Docket No. 13-1495 -� zM -0 MF = = -o Cynthia C. Marks err- N 1031 Hemlock Lane s� �,- Enola, PA 17025-2043 : CIVIL ACTION- Defendant : MORTGAGE FORECLOSURE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of MidPenn Legal Services on behalf of the Defendant, Cynthia C. Marks, in the above matter, representing the Defendant in the Cumberland County Residential Mortgage Foreclosure Diversion Program. Respectfully Submitted, MIDPENN LEGAL SERVICES a 2� 2A c3 C1G ���C DATE: Jaime M. Haley, Esquire Attorney for Defendant Supreme Ct. ID #205255 401 E. Louther Street, Ste 103 Carlisle, PA 17013 (717)243-9400 Nationstar Mortgage.LLC IN THE COURT OF COMMON PLEAS 350'Highland Drive CUMBERLAND COUNTY, Lewisville, TX 75067 PENNSYLVANIA Plaintiff C-) rn V. :;o Docket No = . 13-1495 ,.r- :1D Z<I> C�C� 4 Cynthia C. Marks =c> 1031 Hemlock Lane Enola, PA 17025-2043 CIVIL ACTION- r-J Defendant MORTGAGE FORECLOSURE REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated February 28, 2012, governing the Cumberland County Residential Mortgage Foreclosure Diversions program, the undersigned hereby certifies as follows: I Defendant is owner of the real property which is the subject of this mortgage .foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a"Notice of Residential Mortgage Foreclosure Diversion Program" and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The-undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Signhture of Defendant's Counsel/A poin d Date Legal Representative inature of Defendant Date Nationstar Mortgage LLC 350 Highland Drive : IN THE COURT OF COMMON PLEAS Lewisville, TX 75067 : CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. : Docket No. 13-1495 Cynthia C. Marks 1031 Hemlock Lane Enola, PA 17025-2043 Defendant : CIVIL ACTION- MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, Jaime M. Haley, Esquire, of MidPenn Legal Services; attorney Cynthia C. Marks, hereby certify that I am serving o for the Defendant, g a copy of the Praecipe for Entry of Appearance and Request for Conciliation Conference on the Plaintiff the following date and in the manner indicated below: , through their attorney, on U.S. First Class Mail Postage Pre-Paid John Michael Kolesnik, Esq. Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn center Plaza Philadelphia,PA 19103 MIDPENN LEGAL SERVICES DATE: oc�l�zcty/zo�.� � Jaime M. Haley, Esquire Attorney for Defendants Supreme Ct. ID #205255 401 E. Louther Street, Ste 103 Carlisle, PA 17013 (717)243-9400 t Nationstar Mortgage LLC : IN THE COURT OF COMMON PLEAS 350 Highland Drive : CUMBERLAND COUNTY, Lewisville, TX 75067 : PENNSYLVANIA Plaintiff c ° v. : Docket No. 13-1495 tv C o Cynthia C. Marks CD 1031 Hemlock Lane Enola, PA 17025-2043 : CIVIL ACTION- Defendant : MORTGAGE FORECLOSURE CASE MANAGEMENT ORDER AND NOW, this / day of')"491 2013, the defendant/borrower in the above- captioned residential mortgage foreclosures action having filed a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised conciliation Conference on a./ a o/3 at bbd ,qo7 in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the Plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2)which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made and may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 with the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference .schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, J. DISTRIBUTION: .aime M. Haley,Esquire MidPenn Legal Services 401 E. Louther Street, Ste 103 Carlisle,PA 17013 For the Defendant v4ohn Michael Kolesnik, Esq. O Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Q One Penn center Plaza Philadelphia, PA 19103 For the Plaintiff NATIONSTAR MORTGAGE LLC, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION—LAW NO. 13-1495 CIVIL CYNTHIA C. MARKS, Defendant MORTGAGE FORECLOSURE IN RE: CONCILIATION CONFERENCE Present at a conciliation conference held June 21, 2013, were Joseph Schalk, Esquire, attorney for the plaintiff, and Jaime Haley, Esquire, attorney for the defendant. The necessary packet has been provided to the homeowner for review by the bank. The complete packet together with any necessary updates will be forthcoming within thirty (30) days. A continued conciliation conference is set by order of even date herewith. ORDER AND NOW, this z I day of June, 2013, continued conciliation conference is set for Friday, August 23, 2013, at 3:00 p.m. in Chambers of the undersigned. BY THE COURT, loot Kevin'Hess, P. J. ✓Joseph Schalk, Esquire For the Plaintiff --, Jaime Haley, Esquire For the Defendant :rlm 3: rn CD C. =.-I, z -Vr- �� �. q i7 4 G3 NATIONSTAR MORTGAGE LLC, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION—LAW NO. 13-1495 CIVIL CYNTHIA C. MARKS, Defendant MORTGAGE FORECLOSURE ORDER AND NOW, this ZZ'� day of August, 2013, at the request of counsel for the parties, the conciliation conference set for August 23, 2013, is continued to Thursday, September 26, 2013, at 3:30 p.m. in Chambers of the undersigned. BY THE COURT, Kevin . Hess, P. J. D. Troy Sellars, Esquire For the Plaintiff ✓Jaime Haley, Esquire For the Defendant J A, :rlm q -60• �C-) as C:)C-) r''' NATIONSTAR MORTGAGE LLC, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION—LAW NO. 13-1495 CIVIL CYNTHIA C. MARKS, Defendant MORTGAGE FORECLOSURE IN RE: CONCILIATION CONFERENCE In lieu of a conciliation conference this date, the Court was notified that a trial loan has been approved for the homeowner. There is a request for a continued conciliation conference approximately,four months hence. ORDER AND NOW,this Z(-" day of September, 2013, continued conciliation conference in is set for Friday, January 24, 2014, at 1:30 p.m. in Chambers of the undersigned. BY THE COURT, Kevin A. Hess, P. J. �/ D. Troy Sellars, Esquire For the Plaintiff ./Jaime Haley, Esquire C: For the Defendant C_— _y cn :rlm cn'_W PO CD NATIONSTAR MORTGAGE LLC, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION—LAW : NO. 13-1495 CIVIL CYNTHIA C. MARKS, Defendant : MORTGAGE FORECLOSURE IN RE: CONCILIATION CONFERENCE ORDER AND NOW,this 2-7 day of January, 2014, at the request of counsel for the parties, the conciliation conference set for January 24, 2014, is continued generally, and either side may request this matter be relisted for conciliation. BY THE COURT, Kevin A . ess, P. J. ✓D. Troy Sellars, Esquire For the Plaintiff ✓Jaime Haley, Esquire For the Defendant :rim C^vp t es Pat W... / 3//Y 4 row ACV me 2:- —� ry kis 7i Nationstar Mortgage LLC : IN THE COURT OF COMMON PLEAS 350 Highland Drive : CUMBERLAND COUNTY, Lewisville, TX 75067 : PENNSYLVANIA ; Plaintiff -` ; %' . (111,., v. : Docket No 13-1495 Cynthia C. Marks • 1031 Hemlock Lane • Enola, PA 17025-2043 : CIVIL ACTION- Defendant : MORTGAGE FORECLOSURE MOTION TO REQUEST A CONCILIATION CONFERENCE NOW COMES, Defendant, Cynthia Marks, by and through her attorney, Jaime M. Haley, Esq., MidPenn Legal Services, and respectfully files the following Motion to Request a Conciliation Conference and respectfully represents: 1. A Mortgage Foreclosure Diversion Program conciliation conference set for January 24, 2014 was continued generally in the above-listed matter because defendant was approved for a loan modification. 2. Defendant submitted the documents requested and was approved for a loan modification on January 13, 2014, a copy of which is attached hereto as "Exhibit A' . 3. Defendant was informed by a Nationstar representative that her new interest rate would be 4%, but the modification agreement shows an interest rate of 4.625 %. 4. Defendant's monthly payment prior to the modification was unaffordable at $1321.63 per month, and the new monthly payments with the modification have increased to $1632.39. 5. Nationstar has not responded to Defendant's requests for a modification with an affordable monthly payment. WHEREFORE, Defendant respectfully requests that this Honorable Court schedule a conciliation conference for a date and time as soon as is convenient to the Court's schedule. Respectfully submitted, Date: O?IZ i/Z-o(C Cz ��c uQ 'ztc.6 Jaime M. Haley, Esq. Attorney For Defendant MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 ext. 2513 Nationstar Mortgage LLC : IN THE COURT OF COMMON PLEAS 350 Highland Drive : CUMBERLAND COUNTY, Lewisville, TX 75067 : PENNSYLVANIA Plaintiff • • v. : Docket No. 13-1495 Cynthia C. Marks : • 1031 Hemlock Lane Enola, PA 17025-2043 : CIVIL ACTION- Defendant : MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, Jaime M. Haley, Esquire, of MidPenn Legal Services, attorney for the Defendant, Cynthia C. Marks , hereby certify that I am serving a copy of the Motion to Request Conciliation Conference on the Plaintiff, through their attorney, on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid John Michael Kolesnik, Esq. Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn center Plaza Philadelphia, PA 19103 MIDPENN LEGAL SERVICES DATE: 0 Z. z ( (Z01 C�C.I�u-c9 /( . Jaime M. Haley, Esquire Attorney for Defendant Supreme Ct. ID #205255 401 E. Louther Street, Ste 103 Carlisle, PA 17013 (717)243-9400 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of perjury of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: 3A). C;% thia C. Marks, Defendant • Natuonstar MORTGAGE January 13, 2014 Loan#: 602491888 CYNTHIA MARKS Property Address: 1031 HEMLOCK LN 1031 HEMLOCK LN ENOLA, PA 17025 ENOLA, PA 17025 Dear CYNTHIA MARKS: Congratulations! You are eligible for a Freddie Mac Standard Modification,which will permanently change the terms of your mortgage. If you comply with the terms of the required Trial period Plan, we will modify your mortgage and may waive all prior late charges that remain unpaid. The enclosed modification agreement ("Freddie Mac Standard Modification Agreement") reflects the proposed terms of your modified mortgage. To Accept This Offer: [ ] Sign and return both copies of the Loan Modification Agreement back to us in the enclosed, pre-paid envelope by January 23, 2014. If you do not send both signed copies of the Freddie Mac Standard Modification Agreement by the above date, you must contact us if you still wish to be considered for this program and have your loan modified. • If the Loan Modification Agreement has notary provisions at the end, you must sign both copies before a notary public and return the notarized copies to us. • We encourage you to make a copy of all documents for your records. [ ] Make all remaining trial period payments on or before the dates they are due. If the trial period payments are made after their due dates or in amounts different from the trial period payment amount required, your mortgage loan may not be able to be modified. To better understand the proposed terms of your modified mortgage,please read the attached summary of your modified mortgage and the Loan Modification Agreement. Don't delay—take advantage of this great offer by January 23, 2014. Sincerely, NATIONSTAR MORTGAGE LLC Attachments:Summary of Your Modified Mortgage,Agreement to Establish Escrow, Two copies of the Modification Agreement IIIIIIIIIIIII 111111111 III' I 111111 II I I I II III * 6 0 2 4 9 1 8 8 8 * * 8 7 9 8 0 + 1 0 * 8763 11/12 )ritytivtinodified montane. IV •� NEW PRINCIPAL BALANCE. Any past due amounts as of the end of the trial period, including unpaid interest, real estate taxes, insurance premiums, and certain assessments paid on your behalf to a third party, will be added to your mortgage loan balance. In addition, your mortgage insurance premium may increase as a result of the higher mortgage loan balance. If you fulfill the terms of the trial period including, but not limited to, making any remaining trial period payments,we will waive ALL late charges that have accrued and remain unpaid at the end of the trial period. ESCROW ACCOUNT. The terms of your Modification Agreement require the servicer to set aside a portion of your new monthly payment in an escrow account for payment of your property taxes, insurance premiums and other required fees. Any prior waiver of escrows by your lender is no longer in effect. Your servicer will draw on this account to pay your real estate taxes and insurance premiums as they come due. Please note that your escrow payment amount will adjust if your taxes, insurance premiums and/or assessment amounts change, so the amount of your monthly payment that your servicer must place in escrow will also adjust as permitted by law. This means that your monthly payment may change. Your initial monthly escrow payment will be$469.19. This amount is included in the loan payment noted in Section 3.C. of the enclosed Modification Agreement; you do not need to remit this amount separately. ESCROW SHORTAGE. Due to the timing of your tax and insurance payments, we have determined that there is a shortage of funds in your escrow account in the amount of$2,559.00. You may pay this amount over a 5-year(60 months) period. This monthly payment has already been included in the monthly escrow payment stated above. If you wish to pay the total shortage now in a lump sum, please contact us. Paying this amount now in a lump sum will reduce your new monthly mortgage payment. PAYMENT SCHEDULE. The enclosed Modification Agreement includes a payment schedule in Section 3.C. showing your payment plan for the life of your modified loan after the trial period. FEES. There are no fees or other charges for this modification. REPRESENTATIONS. Please read the enclosed Modification Agreement carefully and make sure that you understand it and that the statements set forth in the "My Representations" section are true and accurate. If you have any questions, please contact us at 1-888-366-1119. O IIIIIIIIIIIIIIIIIIIIII 11110111111 IIIIII * 6 0 2 4 9 1 8 8 8 * * 8 7 9 8 0 + 1 0 * 8763 11/12 Loan No.: 602491888 Borrower: CYNTHIA MARKS AGREEMENT TO MAINTAIN ESCROW ACCOUNT WHEREAS, CYNTHIA MARKS ("Borrower") desires NATIONSTAR MORTGAGE LLC ("Lender") to collect payments from Borrower to be held by Lender for the payment of certain sums due in connection with Borrower's Note and Security Instrument, dated , , (hereinafter referred to as "Note"and "Security Instrument" respectively)currently held by Lender; NOW THEREFORE, in consideration of the foregoing and the mutual covenants contained in this Agreement ("Agreement"), Borrower agrees to pay Lender, on the day Periodic Payments are due under the Note, until the Note is paid in full, or the Escrow Account is otherwise terminated pursuant to this Agreement or in accordance with applicable law, a sum (the "Funds")to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over the Security Instrument as a lien or encumbrance on the Property; (b)leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under the Security Instrument; and (d) Mortgage Insurance Premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums. These items are called "Escrow Items." In the event that Borrower receives bills, assessments, invoices, or other requests for payment of Escrow Items, Borrower shall promptly furnish to Lender all such notices. Borrower shall pay Lender the Funds for Escrow Items unless this Agreement is terminated either by Lender, or pursuant to applicable law. In the event of termination, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. In the event Borrower is obligated to pay Escrow Items directly, and Borrower fails to pay the amount due for an Escrow Item, Lender may pay such amount in accordance with the terms of the Note and Security Instrument and Borrower shall then be obligated to repay Lender any such amount. Additionally, if Borrower is obligated to pay Escrow Items directly, and Borrower fails to pay the amount due for an Escrow Item, Lender may, in accordance with applicable law, require Borrower to maintain an Escrow Account. Borrower agrees to make an initial payment of Funds to establish the escrow account, which amount shall be based on an estimate of the amount and date of expenditures for future Escrow Items, or otherwise in accordance with the Real Estate Settlement Procedures Act ("RESPA"). The estimate of expenditures of future Escrow Items shall be made based on current data available to Lender. Borrower acknowledges that the actual payments of Escrow Items may vary from the estimated amounts. Lender will collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time period specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Unless agreed to in writing or applicable law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to II II II I I III II II II II I II 1111 IllIllIllIll 111111 * 6 0 2 4 9 1 8 8 8 * * 8 7 9 8 0 + 1 0 * AGREEMENT TO ESTABLISH ESCROW ACCOUNT 11/12 (Page 1 of 2) Loan No.: 602491888 Borrower: CYNTHIA MARKS Lender the amount necessary to make up the shortage in accordance with RESPA. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument or termination of this Agreement, Lender shall promptly refund to Borrower any Funds held by Lender. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Agreement to Maintain Escrow Account. Borrower-CYNTHIA MARKS Date Borrower- Date Borrower- Date Borrower- Date IIIIIIIIIIIIIIIIIIIIII liii 11111111 I * 6 0 2 4 9 1 8 8 8 * * 8 7 9 8 0 + 1 0 AGREEMENT TO ESTABLISH ESCROW ACCOUNT 11/12 (Page 2 of 2) , , Nationstar 04,�'�� MORTGAGE Never miss making payment e another mort ga g It's easy with A Pa With Nationstar Mortgage's Auto Pay program,making your monthly mortgage payment has never been easier.With Auto Pay,your mmthly mortgage payment is automatically deducted from the checking or savings account of your choice.Eliminate the inconvenience ofwriting checks,paying postage,missing a payment or making a late payment.Auto Pay is absolutelyFREE and sign-up is easy.Simply complete and sign the attached Authorization Form and retum with a voided check or deposit slip to the following address: Nationstar Mortgage Attention:Account Services 350 Highland Drive Lewisville,TX 75067 Remember,if you should have any questions,don't hesitate to contact us on-line or you may call us at 1.888.480.2432, 8 a.m.-6 p.m.Central lime Monday through Thursday and from 8 a.m.to 5 p.m.Central lime on Friday. Nationstar Mortgage Loan Number Financial Institution Your payment will be drawn monthly on this day(please check one) ❑1St ❑5th ❑10th ❑15th ❑20th ❑25th Financial Institution's Address(City.State,and ZIP) ABA Routing Number Account Number Account type(please check one) ❑Checking ❑Savings Date SAVE THIS PAGE FOR YOUR RECORDS fir ii �"55" y a • • b ti SEND THIS PAGE TO Nationstar Mortgage I hereby authorize Nationstar Mortgage to initiate debit entries in the El amount of my monthly payment,including applicable optional insurance Optional:l elect to have an amount drafted that tand t at addi my monthly payment including and/or escrows,plus any current late charge or NSF fee,to my checking or applicable optional insurance and/or escrows.t understand that additional amounts will be applied as principal subject to payment of all past due amounts.Additional Escrow Amount ""O savings account at my depository institution.I acknowledge that the and/or Additional Principal Amount$_..___ origination of debit transactions to my account must comply with 2e provisions of U.S.laws. If I have an adjustable rate mortgage(ARM)loan,my principal and interest may vary with changes to my interest rate.Additionally,if I have a loan that is escrowed for taxes and/or insurance,my total 1 Please insert in the space below which day of the month you would like your monthly payment amount may vary with changes in my escrow requirements. �4 monthly payment to be drafted: This authority is to remain in effect until I notify Nationstar Mortgage in writing and the written notice is received at least 3 days poor to the next payment draft date or until!receive written notification of termination from Nationstar Mortgage.Nationstar Mortgage has the right to collect a (day of the month) fee from me on all retums due to insufficient funds. Please note:Debit transaction date may not be more than 10 days after your Please allow 30 days for the processing of your authorization form.Please continue to make your a scheduled due date. When your selected date falls on a weekend or holiday, payments until you are notified in writing when the first debit entry will begin. the debit entry will occur on the following business day. a Please complete this entire form and mail to Nationstar Mortgage(see address on first page) am, 4/Attach a voided check or deposit slip.We cannot accept copies or temporary checks. C", ✓Include this authorization form. A/Please make a copy of this authorization form and retain for your records. r'^ ; Please locate these numbers on your check and include them below: rn ABA ROUTING NUMBER ACCOUNT NUMBER =a r Pease Print Please select the type of E3 Checking ❑Savings Nationstar Mortgage Loan Number account that you wish to use: Borrower's Name Co-Borrower's Name Email Address financial Institution's Address(City,State,and ZIP) Financial Institution Account Number Date ABA Routing Number Co-Borrower's Signature Date Borrower's Signature Date Account Holder Signature Account Holder's Name The following numbers can be found on the lower portion of your check or deposit slip. ABA ROUTING NUMBER ACCOUNT NUMBER Closing and Notary Requirements PLEASE CAREFULLY FOLLOW THE INSTRUCTIONS BELOW to ensure we can close your workout: • All closing documents MUST be signed in BLACK ink. • All closing documents MUST be signed in the presence of a notary. • You must sign your name exactly as your name is printed. If your name is incorrect, please contact Loss Mitigation at 1-888-366-1119 and advise. • Borrowers to sign on all signature lines. • Absolutely NO WHITE-OUT on any document. If you make an error, cross through the error and re-sign or re-print the information. • All documents must be in recordable form. If anything is missing or not signed, the documents will be returned to you. • Notaries must clearly print their name as it appears on their seal below their signature. • Notaries: The expiration date of the commission must be clearly printed or stamped and must be CURRENT. • NOTARIES: DO NOT SEAL OVER ANY VERBIAGE OR SIGNATURES OR IN THE MARGINS OF THE PAGE. • IF WITNESS LINES ARE PRESENT: Witnesses MUST print their name beneath their signature. -Witness -Witness Print Witness Name Here Print Witness Name Here • IF PROPERTY IS IN PRINCE GEORGE'S COUNTY MARYLAND please initial by B-1 only on the Finance Affidavit and sign and have notarized at the bottom. • Borrower must return Both sets of ORIGINAL signed documents (all pages) and 1 Exhibit A for each document (if applicable) in the enclosed prepaid envelope within 10 days of receipt. Please make a copy if you would like to retain for your records. IIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIEIIII * 6 0 2 4 9 1 8 8 8 +k X 8 7 9 8 0 + 1 0 9697 12/13 Acknowledgment Examples [Spat*Be/ow Th a Lthe or Ackr owedgnrents: State of County of I cerncy that know or have sat afar:tory eucence that Insert Borrower Name(s) frare of person):a the person who appeared before me. ac salt person acknowledged trot heishe: sgried tits instrument and aoknoweageo t to be tree and voAintary act for the uses and purposes mertoneo n the instrunnent Dated: S gnature of Notary Insert'Notary Public"as title Title fly Comnssion exdres: [Space Below This Line For Acknowledgments] State of County of 1, Insert Notary Name Notary Public 3 residing in the County and State Insert Borrower Name(s) oertify that who is/are personally known to me,and this day appeared before me and acknowledged that he/she/they signed,sealed and delivered the foregoing Security Deed of hislheritheir own free will and accord,for the purposes named and expressed in that instrument In witness,I have set my hand and official seal unto this instrument this day of .20 sig"ture Notary Public Title of Officer My (00171iniSSiOn or term of office)expires on pate]. 1 1 1 1 III I 1 1 1 1 1 II I I I 111 1 111 11 1 0 1 1 11 11 * 6 0 2 4 9 1 8 8 8 * * 8 7 9 8 0 + 1 0 * 969712/13 [Space Below This Line For Acknowledgments] State of County of on Date before me, Notary Name personalty appeared Insert Borrower Nameisi who proved to me on the basis of satisfactory evidertoe to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hiwhentheir authorized capaditycies),and that by Ms/tier/their signature(s)on the instrument the person(s), or the entity on behalf of which the person(s)acted,executed the instrument I certify under PENALTY OF PERJURY under the taws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal. Signature (Seal) NOTARY MUST PRINT OR TYPE This must be printed or typed in a manner that is photooraphicaly reproducible 1GC27201.51 Name of the notary: County of notary's principal place of business: Notarys phone number. Notary;registration number: Commission expiration date: 4106 Notary MUST fill in all lines of information 1111 III I IIIII 1111 II I II III I II I I I I II 1 1 11 11 * 6 0 2 4 9 1 8 8 8 * * 8 7 9 8 0 4- 1 0 * 9697 12/13 After Recording Return To: NATIONSTAR MORTGAGE LLC 350 HIGHLAND DRIVE LEWISVILLE,TX 75067 This Document Prepared By: NATIONSTAR MORTGAGE LLC 350 HIGHLAND DRIVE LEWISVILLE,TX 75067 Tatiana Vakidis Parcel ID Number: [Space Above This Line For Recording Data] Loan No.: 602491888 Original Loan Amount: $236,000.00 New Money: $32,305.41 Origination Company: NATIONSTAR MORTGAGE LLC NMLSR ID: FREDDIE MAC STANDARD MODIFICATION AGREEMENT Borrower ("I"): CYNTHIA MARKS. If more than one Borrower or Mortgagor is executing this document, each is referred to as "I." For purposes of this document words signifying the singular (such as "I") shall include the plural (such as"we")and vice versa where appropriate. Lender or Servicer ("Lender"): NATIONSTAR MORTGAGE LLC, whose address is 350 HIGHLAND DRIVE, LEWISVILLE,TX 75067 Date of first lien mortgage, deed of trust, or security deed ("Mortgage")and Note("Note"): Loan Number: 602491888 Property Address ("Property"): 1031 HEMLOCK LN ENOLA, PA 17025 Legal Description: If my representations and covenants in Section 1 continue to be true in all material respects, then this Freddie Mac Standard Modification Agreement ("Agreement") will, as set forth in Section 3, amend and supplement (1) the Mortgage on the Property, and (2) the Note secured by the Mortgage. The Mortgage IIIIII.IIIIIIIIIIIIIIII IllIllIllIll I X 6 0 2 4 9 1 8 8 8 * * 8 7 9 8 0 + 1 0 FREDDIE MAC STANDARD MODIFICATION AGREEMENT 8763b 11/12 (page 1 of 9 pages) and Note together, as they may previously have been amended, are referred to as the"Loan Documents." Capitalized terms used in this Agreement and not defined have the meaning given to them in Loan Documents. I understand that after I sign and return two copies of this Agreement to the Lender, the Lender will send me a signed copy of this Agreement. This Agreement will not take effect unless the preconditions set forth in Section 2 have been satisfied. 1. My Representations and Covenants. I certify, represent to Lender, covenant and agree: A. I am experiencing a financial hardship, and as a result, (i) I am in default under the Loan Documents, and (ii) I do not have sufficient income or access to sufficient liquid assets to make the monthly mortgage payments now or in the near future; B. The property has not been condemned nor have I received notice of condemnation. C. There has been no impermissible change in the ownership of the Property since I signed the Loan Documents. A permissible change would be any transfer that the lender is required by law to allow, such as a transfer to add or remove a family member, spouse or domestic partner of the undersigned in the event of a death, divorce or marriage; D. I have provided documentation for all income that I receive (and I understand that I am not required to disclose child support or alimony unless I chose to rely on such income when requesting to qualify for the Freddie Mac Standard Modification Program ("Program")); E. Under penalty of perjury, all documents and information I have provided to Lender in connection with this Agreement, including the documents and information regarding my eligibility for the Home Affordable Modification Program (HAMP)and Freddie Mac Standard Modification, are true and correct; and F. I have made or will make all payments required under a Trial Period Plan or as directed by my Lender until my Loan Documents are permanently modified in accordance with this Agreement. G. In the event that I was discharged in a Chapter 7 bankruptcy proceeding subsequent to the execution of the loan documents and did not reaffirm the mortgage debt under applicable law, Lender agrees that I will not have personal liability on the debt pursuant to this Agreement. 2. Acknowledgements and Preconditions to Modification. I understand and acknowledge that: A. If prior to the Modification Effective Date as set forth in Section 3 the Lender determines that any of my representations in Section 1 are no longer true and correct, the Loan Documents will not be modified and this Agreement will terminate. In that event,the Lender will have all of the rights and remedies provided by the Loan Documents; B. The Loan Documents will not be modified unless and until (i) I receive from the Lender a copy of this Agreement signed by the Lender, and (ii) the Modification Effective Date (as defined in IIIIHIIIIIIIIIIIIIIII IllIllIllIll 111111 * 6 0 2 4 9 1 8 8 8 * * 8 7 9 8 0 + 1 0 FREDDIE MAC STANDARD MODIFICATION AGREEMENT 8763b 11/12 (page 2 of 9 pages) Section 3) has occurred. I further understand and agree that the Lender will not be obligated or bound to make any modification of the Loan Documents if I fail to meet any one of the requirements under this Agreement; and C. I DO NOT MEET THE ELIGIBILITY REQUIREMENTS FOR A MODIFICATION UNDER THE FEDERAL GOVERNMENT'S HOME AFFORDABLE MODIFICATION PROGRAM AND THEREFORE I WILL NOT RECEIVE ANY INCENTIVE PAYMENTS FOR TIMELY PAYMENTS OF MY MONTHLY PAYMENT. 3. The Modification. If my representations and covenants in Section 1 continue to be true in all material respects and all preconditions to the modification set forth in Section 2 have been met, the Loan Documents will automatically become modified on January 1, 2014(the"Modification Effective Date") and all unpaid late charges that remain unpaid will be waived. I understand that if I have failed to make any payments as a precondition to this modification under a trial period plan, this modification will not take effect. The first modified payment will be due on February 1, 2014. A. The Maturity Date will be:January 1, 2054. B. The modified principal balance of my Note will include all amounts and arrearages that are past due past due as of the Modification Effective Date (including unpaid and deferred interest, fees, escrow advances and other costs, but excluding unpaid late charges, collectively, "Unpaid Amounts") less any amounts paid to the Lender but not previously credited to my Loan. The new principal balance of my Note will be$254,179.27 (the "New Principal Balance"). I understand that by agreeing to add the Unpaid Amounts to the outstanding principal balance, the added Unpaid Amounts will accrue interest based on the interest rate in effect under this Agreement. I also understand that this means interest will now accrue on the unpaid Interest that is added to the outstanding principal balance, which would not happen without this Agreement. C. Interest at the rate of 4.625% will begin to accrue on the New Principal Balance as of January 1, 2014 and the first new monthly payment on the New Principal Balance will be due on February 1, 2014. My payment schedule for the modified Loan is as follows: Years Interest Rate Interest Rate Change Monthly Prin& Monthly Escrow Total Monthly Payment Begins On Number of Date Int Payment Payment Amount Payment Monthly Amount Payments 1-40 4.625% January 01,2014 $1,163.20 $469.19 $1,632.39 February 01,2014 480 May adjust May adjust periodically periodically *The escrow payments may be adjusted periodically in accordance with applicable law and therefore my total monthly payment may change accordingly. The above terms in this Section 3.C. shall supersede any provisions to the contrary in the Loan IIUhIIIIIIIIIIIIIIIH IllIHhllIll 111111 * 6 0 2 4 9 1 8 8 8 * 8 7 9 8 0 + 1 0 FREDDIE MAC STANDARD MODIFICATION AGREEMENT 8763b 11/12 (page 3 of 9 pages) Documents, including but not limited to, provisions for an adjustable, step or simple interest rate. I understand that, if I have a pay option adjustable rate mortgage loan, upon modification, the minimum monthly payment option, the interest-only or any other payment options will no longer be offered and that the monthly payments described in the above payment schedule for my modified Loan will be the minimum payment that will be due each month for the remaining term of the Loan. My modified Loan will not have a negative amortization feature that would allow me to pay less than the interest due resulting in any unpaid interest being added to the outstanding principal balance. D. I will be in default if I do not comply with the terms of the Loan Documents, as modified by this Agreement. E. If a default rate of interest is permitted under the Loan Documents, then in the event of default under the Loan Documents, as amended, the interest that will be due will be the rate set forth in Section 3.C. F. I agree to pay in full the Deferred Principal Balance and any other amounts still owed under the Loan Documents by the earliest of: (i)the date I sell or transfer an interest in the Property, (ii)the date I pay the entire Interest Bearing Principal Balance, or(iii)the Maturity Date. 4. Additional Agreements. I agree to the following: A. That all persons who signed the Loan Documents or their authorized representative(s) have signed this Agreement, unless (i) a borrower or co-borrower is deceased; (ii) the borrower and co-borrower are divorced and the property has been transferred to one spouse in the divorce decree, the spouse who no longer has an interest in the property need not sign this Agreement (although the non-signing spouse may continue to be held liable for the obligation under the Loan Documents); or(iii)the Lender has waived this requirement in writing. B. That this Agreement shall supersede the terms of any modification, forbearance, Trial Period Plan or other agreement that I previously entered into with Lender. C. To comply, except to the extent that they are modified by this Agreement, with all covenants, agreements, and requirements of Loan Documents including my agreement to make all payments of taxes, insurance premiums, assessments, Escrow Items, impounds, and all other payments, the amount of which may change periodically over the term of my Loan. D. That this Agreement constitutes notice that the Lender's waiver as to payment of Escrow Items, if any, has been revoked, and I have been advised of the amount needed to fully fund my escrow account E. That the Loan Documents are composed of duly valid, binding agreements, enforceable in accordance with their terms and are hereby reaffirmed. F. That all terms and provisions of the Loan Documents, except as expressly modified by this IIIIIIIIIIIIIIIIIIIIH HIlIllIllIl 111111 * 6 0 2 4 9 1 8 8 8 * * 8 7 9 8 0 + 1 0 * FREDDIE MAC STANDARD MODIFICATION AGREEMENT 8763b 11/12 (page 4 of 9 pages) Agreement, remain in full force and effect; nothing in this Agreement shall be understood or construed to be a satisfaction or release in whole or in part of the obligations contained in the Loan Documents; and that except as otherwise specifically provided in, and as expressly modified by, this Agreement, the Lender and I will be bound by, and will comply with, all of the terms and conditions of the Loan Documents. G. That, as of the Modification Effective Date, notwithstanding any other provision of the Loan Documents, I agree as follows: If all or any part of the Property or any interest in it is sold or transferred without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by the Mortgage. However, Lender shall not exercise this option if state or federal law, rules or regulations prohibit the exercise of such option as of the date of such sale or transfer. If Lender exercises this option, Lender shall give me notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which I must pay all sums secured by the Mortgage. If I fail to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by the Mortgage without further notice or demand on me. H. That, as of the Modification Effective Date, I understand that the Lender will only allow the transfer and assumption of the Loan, including this Agreement, to a transferee of my property as permitted under the Garn St. Germain Act, 12 U.S.C. Section 1701j-3. A buyer or transferee of the Property will not be permitted, under any other circumstance, to assume the Loan. Except as noted herein, this Agreement may not be assigned to, or assumed by, a buyer or transferee of the Property. I. That, as of the Modification Effective Date, if any provision in the Note or in any addendum or amendment to the Note allowed for the assessment of a penalty for full or partial prepayment of the Note, such provision is null and void. J. That, I will cooperate fully with Lender in obtaining any title endorsement(s), or similar title insurance product(s), and/or subordination agreement(s) that are necessary or required by the Lender's procedures to ensure that the modified mortgage Loan is in first lien position and/or is fully enforceable upon modification and that if, under any circumstance and not withstanding anything else to the contrary in this Agreement, the Lender does not receive such title endorsement(s), title insurance product(s) and/or subordination agreement(s), then the terms of this Agreement will not become effective on the Modification Effective Date and the Agreement will be null and void. K. That I will execute such other documents as may be reasonably necessary to either (i) consummate the terms and conditions of this Agreement; or (ii) correct the terms and conditions of this Agreement if an error is detected after execution of this Agreement. I understand that a corrected Agreement will be provided to me and this Agreement will be void and of no legal effect upon notice of such error. If I elect not to sign any such corrective Agreement, the terms of the original Loan Documents shall continue in full force and effect, such terms will not be modified by this Agreement. L. Mortgage Electronic Registration Systems, Inc. ("MERS") is a separate corporation organized and IIIIHIIIIIIIIIIIIIIII IllIllIllIll 111111 * 6 0 2 4 9 1 8 8 8 * * 8 7 9 8 0 + 1 0 * FREDDIE MAC STANDARD MODIFICATION AGREEMENT 8763b 11/12 (page 5 of 9 pages) existing under the laws of Delaware and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026,a mailing address of P.O. Box 2026, Flint, MI 48501-2026, a street address of 1901 E Voorhees Street, Suite C, Danville, IL 61834, and telephone number of (888) 679-MERS. In cases where the loan has been registered with MERS who has only legal title to the interests granted by the borrower in the mortgage and who is acting solely as nominee for Lender and Lender's successors and assigns, MERS has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling the mortgage loan. M. That Lender will collect and record personal information, including, but not limited to, my name, address, telephone number, social security number, credit score, income, payment history, government monitoring information, and information about account balances and activity. In addition, I understand and consent to the disclosure of my personal information and the terms of the trial period plan and this Agreement by Lender to (i) the U.S. Department of the Treasury, (ii) Fannie Mae and Freddie Mac in connection with their responsibilities under the Home Affordability and Stability Plan; (iii) any investor, insurer, guarantor or servicer that owns, insures, guarantees or services my first lien or subordinate lien (if applicable) mortgage loan(s); (iv) companies that perform support services for the Home Affordable Modification Program and the Second Lien Modification Program; and (v)any HUD certified housing counselor. N. That if any document related to the Loan Documents and/or this Agreement is lost, misplaced, misstated, inaccurately reflects the true and correct terms and conditions of the Loan as modified, or is otherwise missing, I will comply with the Lender's request to execute, acknowledge, initial and deliver to the Lender any documentation the Lender deems necessary. If the Note is replaced, the Lender hereby indemnifies me against any loss associated with a demand on the Note. All documents the Lender requests of me under this Section 4.N. shall be referred to as "Documents." I agree to deliver the Documents within ten (10) days after I receive the Lender's written request for such replacement. O. That the mortgage insurance premiums on my Loan, if applicable, may increase as a result of the capitalization which will result in a higher total monthly payment. Furthermore, the date on which I may request cancellation of mortgage insurance may change as a result of the New Principal Balance. P. This Agreement modifies an obligation secured by an existing security instrument recorded in County, PA, upon which all recordation taxes have been paid. As of the date of this agreement, the unpaid principal balance of the original obligation secured by the existing security instrument is $221,873.86. The principal balance secured by the existing security instrument as a result of this Agreement is$254,179.27, which amount represents the excess of the unpaid principal balance of this original obligation. IIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIH 111111 * 6 0 2 4 9 1 8 8 8 * * 8 7 9 8 0 + 1 0 * FREDDIE MAC STANDARD MODIFICATION AGREEMENT 8763b 11/12 (page 6 of 9 pages) In Witness Whereof, the Lender and I have executed this Agreement. (Seal) CYNTHIA MARKS -Borrower [Space Below This Line For Acknowledgments] COMMONWEALTH OF PENNSYLVANIA, County ss: On this, the day of , 20 , before me, the undersigned officer, personally appeared satisfactorily proven to be the person(s)whose name(s)is/are subscribed to the written instrument and acknowledged that he/she/they executed the same for the purpose herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My commission expires: Signature of Notary Title of Officer IIIIIIIIIIIIIIIIIIIIII 111111111111111111 11 11 * 6 0 2 4 9 1 8 8 8 * * 8 7 9 8 0 + 1 0 * FREDDIE MAC STANDARD MODIFICATION AGREEMENT 8763b 11/12 (page 7 of 9 pages) NATIONSTAR MORTGAGE LLC By: (Seal)- Lender Name: Title: Date of Lender's Signature [Space Below This Line For Acknowledgments] County ss: On this,the day of , 20 , before me, the undersigned officer, personally appeared , the of satisfactorily proven to be the person(s)whose name(s)is/are subscribed to the written instrument and acknowledged that he/she/they executed the same for the purpose herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My commission expires: Signature of Notary Title of Officer IIIIHIIIIIIIIIIIIIIII IIIIOIIIIIIIIIIII * 6 0 2 4 9 1 8 8 8 * * 8 7 9 8 0 + 1 0 * FREDDIE MAC STANDARD MODIFICATION AGREEMENT 8763b 11/12 (page 8 of 9 pages) CERTIFICATE OF RESIDENCE Agent of Lender do hereby certify that the precise address of the within named lender is: NATIONSTAR MORTGAGE LLC 350 HIGHLAND DRIVE, LEWISVILLE, TX 75067 Witness my hand this day of Signature of Agent of Lender HIIIIIIIIIIIIIIIIIIII IllIllIllIll 111111 X 6 0 2 4 9 1 8 8 8 * X 8 7 9 8 0 + 1 0 FREDDIE MAC STANDARD MODIFICATION AGREEMENT 8763b 11/12 (page 9 of 9 pages) Nationstar Mortgage LLC 350 Highland Drive Lewisville, TX 75067 Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA v. : Docket No. 13-1495 Cynthia C. Marks 1031 Hemlock Lane Enola, PA 17025-2043 Defendant AND NOW, this : CIVIL ACTION- : MORTGAGE FORECLOSURE ORDER day of 2)/44-04, 2014, upon consideration of Defendant's Motion to Request Conciliation Conference, it is hereby ORDERED and DECREED that: The parties and their counsel are directed to participate in a court-supervised conciliation Conference on 6/ at eidt/AiA.O 174 at the Cumberland County Courthouse, Carlisle, Pennsylvania. C-0 'D fES Oaf Lk Lecid_ 9,024iik.E3 J 401es:clot apa." 2-7.1u ::313 N.)