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HomeMy WebLinkAbout13-3170 Supreme Cou.rt.of Pennsylvania N COUP Com ICI1 , ° ' Pleas For Prothonotary Use Only: i GO&I t ; beet r CU , Y County Docket No: The information collected on this form is used solely for court administration purposes. This form does not s upplement or replace the filing and service ofpleadings or other papers as reg uired by law or rules of court. Commencement of Action: S 9 Complaint ❑ Writ of Summons ❑ Petition E ❑Transfer from Another Jurisdiction ❑ Declaration of Taking Lead Plaintiff s Name: BANK OF AMERICA, N.A., AS Lead Defendant's Name: ALYCE A. MINAHAN C SUCCESSOR BY MERGER TO BAC HOME LOANS 'I' SERVICING, LP F/K/A COUNTRYWIDE HOME I LOANS SERVICING, LP O Are money damages requested? ❑ Yes 0 No Dollar Amount Requested: ❑ within arbitration limits N (Check one) N outside arbitration limits Is this a Class Action Suit? ❑ Yes ❑x No Is this an MDJ Appeal? ❑ Yes 0 No A Name of Plaintiff/Appellant's Attorney: Allison F. Zuckerman, Esq. , Id. No. 309519 Phelan Hallinan LLP ❑ Check here if you have no attorney (are 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 ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not S include mass tort) ❑ Employment Dispute: E ❑ Slander/Libel/ Defamation Discrimination ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T I MASS TORT ❑ Other: O ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration B ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto • Dental ❑ Partition ❑ Replevin • Legal ❑ Quiet Title ❑ Other: • Medical ❑ Other: ❑ Other Professional: Pa.R.C.P. 205.5 Updated 01/01/2011 r JLED -OF ICE OF T HE PROTHONOlI�Ry ,2013 JUN - 4 Ali 10: 27 CUMBERLAND COUNTY PENNSYLVANIA PHELAN HALLINAN, LLP Allison F. Zuckerman, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 215 -563 -7000 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP COURT OF COMMON PLEAS F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP CIVIL DIVISION 7105 CORPORATE DRIVE PLANO, TX 75024 TERM Plaintiff NO. )3-,3 0; / V. CUMBERLAND COUNTY ALYCE A. MINAHAN 12387 NEELYTON ROAD SHADE GAP, PA 17255 -9264 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE aval k-#1 3 /Soo Fite #: 322350 P-44— - 1. Plaintiff is BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: ALYCE A. MINAHAN 12387 NEELYTON ROAD SHADE GAP, PA 17255 -9264 who is /are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/21/2007 ALYCE A. MINAHAN made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR COUNTRYWIDE HOME LOANS, INC., which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1983, Page 1205. By Assignment of Mortgage recorded 07/24/2012 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment of Mortgage Instrument No. 201222110.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. BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP, directly or through an agent, has possession of the promissory note. The promissory note is either made payable to BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP or has been duly endorsed. File #: 322350 5. The premises subject to said mortgage is described as attached. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2012 and each month thereafter are due and unpaid, and by the terms 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. 7. The following amounts are due on the mortgage as of 05/15/2013: Principal Balance $127,769.21 Interest $8,997.04 05/01/2012 through 05/31/2013 Late Charges $1,001.30 Escrow Deficit $1,667.97 TOTAL $139,435.52 8. 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. 9. 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 meet with File #: 322350 the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA - insured. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $139,435.52, 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 H , LLP By: u e an, Esq., Id. No. 309519 A ey 1 ' tiff File #: 322350 LEGAL DESCRIPTION ALL THAT CERTAIN house and lot of ground situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the northerly line of Rosemont Avenue, at the dividing line between Lots Nos. 118 and 119 on the hereinafter mentioned Plan of Lots; thence along said dividing line North 31 degrees 20 minutes West, 166.22 feet to Lot No. 107 on said Plan; thence along said Lot No. 107 South 58 degrees 40 minutes West, 60.00 feet to Lot No. 120 on said Plan; thence along said Lot No. 120, South 31 degrees 20 minutes East, 157.27 feet to the northerly line of Rosemont Avenue, 60.68 feet to the place of beginning. BEING Lot No. 119 on the Plan of Keewaydin as recorded in the Cumberland County Recorder's Office in Plan Book 4, page 42. HAVING thereon erected a single family dwelling numbered 3912 Rosemont Avenue, Camp Hill, Pennsylvania. PROPERTY ADDRESS: 3912 ROSEMONT AVENUE, CAMP HILL, PA 17011 -7813 PARCEL # 13 -24- 0799 -050 File #: 322350 6 1 VERIFICATION e-k o' r-( a H J\ e P'1 l �-�i a-- , hereby states that h /s)is of BANK OF AMERICA, N.A., Plaintiff in this matter, that he(;o 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 hi /he 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. DATE: / x.46 1� �` S - 7 C,'< BANK OF AMERICA, N.A. File #: 322350 File #: 322350 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff(s) PENNSTLVANIA a . G BANK OF AMERICA, N.A., AS SUCCESSOR BY c r MERGER TO BAC HOME LOANS SERVICING, LP -Z- 1r VS. 1 - p , Defendant(s) ALYCE A. MINAHAN 3-1 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 an attorney, 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)2.43 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at not charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all the 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 attempt to work out a 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 the 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 our 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 Adkseon F. Zu an, Esq., Id. No. 309519 Signature of Counsel for Plaintiff Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Please 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 ER/PRIMARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in 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 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 Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles boats motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 nd 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 Day /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: J 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 you know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION 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 obligation to use the services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this page along_ with the following information to lender: 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 File #: 322350 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson e t- t��. Sheriff x.f-_ ..}. E P F,-0 Jody S Smith 04 rot�n� at C:�r�rati��41� Chief Deputy 2013 JELL I I A1910 4 3 ,g.,». ,, Richard W Stewart CUMBERLAND CC�UN i i Solicitor OFFCE OF TH-SR-RIFF PENNSYLVANIA Bank of America, N.A. vs. Case Number Alyce A Minahan 2013-3170 SHERIFF'S RETURN OF SERVICE 06/04/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit:Alyce A Minahan, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Huntingdon, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to law. 06/07/2013 05:03 PM - Deputy Amanda Cobaugh, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Ashley Graham, current tenant, who accepted as "Adult Person in Charge"for Occupant at 3912 Rosemont Avenue, Lo er Allen, Camp Hill, PA 17011. DA COBAUGH, DEPU 06/12/2013 The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure served by the Sheriff of Huntingdon County upon Alyce A Minahan, personally, at 12387 Neelyton Road, Shade Gap, PA 17255. William G. Walters, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $63.95 SO ANSWERS, KZ X 2 July 05, 2013 RON R ANDERSON, SHERIFF (c)County Suite Sheriff,Teleosoff,Inc. 4 SHERIFF' S OFFICE o� Q HUNTINGDON COUNTY, PENNSYLVANIA �,5 241 Mifflin Street s "' SyER11 Huntingdon, PA 16652 DEPT. Telephone: 814-643-0880 William G.Walters,Sheriff Bank of America,N. A., as successor by merger to BAC Home Loans Servicing,LP No. 3170 Term:2013 Vs. Alyce C. Minahan 12387 Neelyton Road Shade Gap, PA 17255 Now, this 12th day of June 2013 at 1427 HOURS I served the within Civil Action - Notice of residential Mortgage Foreclosure Diversion Program upon Alyce C. Minahan at 12387 Neelyton Road, Shade Gap,'PA 17255 by handing to Alyce C. Minahan, personally one true and correct copy/copies of the within Civil Action - Notice of Residential Mortgage Foreclosure Diversion Program and made known to Alyce C. Minahan the contents thereof. So Answers, Sworn and subscribed to before me this 5� _ William . Walters,Aheri f day of 4" —D"-� 20 D. Deputy Danie B. c ey,Jr. Chief Deputy/Deputy Protho�_OFPENNSYLVAMA Costs: Rec. & Doc. $9.00 Service NOTARIAL SEAL Tammy S.Foor,Notary Public Mileage/Postage $28.30 Huntingon Boro,Huntingdon County Surcharge --- My commission ex ires October 26,2014 Affidavit $5.00 Miscellaneous --- Total Costs $51.30 Paid FORM 3 BANK OF AMERICA, N.A., AS : IN THE COURT OF COMMON PLEAS-OF SUCCESSOR BY MERGER TO © : CUMBERLAND COUNTY, PENNSYLVV/ IA w Plaintiff(s) r/1 C.- cry r-` n3 :rr vs. • -G r= ' ALYCE A. MINAHAN • 13-3170 . . Defendant(s) - - wil •• , i.J REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated February 28, 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the 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 statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. 7/29/2013 Si:nature of Defendant's Counsel/App inted p Date L'gal Representative 7/29/2013 Signature of Defendant Date Signature of Defendant Date BANK OF AMERICA, N.A., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION NO. 13-3170 CIVIL ALYCE A. MINAHAN, Defendant y � CD 1W: s f CASE MANAGEMENT ORDER AND NOW, this day of August, 2013, the parties having agreed to a t -n 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 27 a 913 , at am. in Chambers No. 4 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 may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 within 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 who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for 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 a 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, q. Kevi . Hess, P.J. Allison F. Wells, Esquire 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 191034 For the Plaintiff /James Proctor, Jr., Esquire 1580 Ritner Highway, Suite 11 Carlisle,PA 17013 For the Defendant Am LL �3 c�� 113 BANK OF AMERICA,N.A., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION NO. 13-3170 CIVIL ALYCE A. MINAHAN, Defendant IN RE: CONCILIATION CONFERENCE Present at a conciliation conference held September 27, 2013, were Joseph Schalk, Esquire, attorney for the plaintiff, and James Proctor, Jr., Esquire, attorney for the defendant. The homeowner, Alyce Minahan was also present. This matter is currently under review by the plaintiff for a possible loan modification. A continued conciliation conference will be set by order of even date herewith. ORDER AND NOW,this 2:7' day of September, 2013, continued conciliation conference is set for Friday,November 8, 2013, at 3:00 p.m. in Chambers of the undersigned. BY THE COURT, Kevin . Hess, P. J. Joseph Schalk, Esquire 126 Locust Street Harrisburg, PA 17101 c For the Plaintiff n ::j mca ter+} rn '�=- James Proctor, Jr., Esquire 1580 Ritner Highway, Suite 11 Carlisle,PA 17013 -, For the Defendant c) Arn "k BANK OF AMERICA, N.A., • IN THE COURT OF COMMON PLEAS OF Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA • vs. • CIVIL ACTION • NO. 13-3170 CIVIL ALYCE A. MINAHAN, • Defendant • IN RE: CONCILIATION CONFERENCE ORDER AND NOW, this 5" day of November, 2013, at the request of counsel, the conciliation conference set for November 8, 2013, is continued to Thursday, December 5, 2013, at 11:00 a.m. in Chambers of the undersigned. BY THE COURT, Kevin . ess, P. J. //Troy Sellars, Esquire 126 Locust Street Harrisburg, PA 17101 For the Plaintiff / James Proctor, Jr., Esquire -03 1580 Ritner Highway, Suite 11 z T, _ Carlisle, PA 17013 cars "� rn For the Defendant rz um C'-t�'t 1j!` W BANK OF AMERICA,N.A., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION NO. 13-3170 CIVIL ALYCE A. MINAHAN, Defendant IN RE: CONCILIATION CONFERENCE ORDER AND NOW, this y` day of December, 2013, at the request of counsel for the parties, the conciliation conference set for December 5, 2013, is continued to Wednesday, January 15, 2014, at 1:30 p.m. in Chambers of the undersigned. BY THE COURT, Kevin A. ess, P. J. Troy Sellars, Esquire 126 Locust Street Harrisburg, PA 17101 For the Plaintiff ames Proctor, Jr., Esquire 1580 Ritner Highway, Suite 11 Carlisle, PA 17013 For the Defendant rn �rr� r-,•! i-P Arn Cil .GCL y C- BANK OF AMERICA, N.A., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION NO. 13-3170 CIVIL ALYCE A. MINAHAN, Defendant IN RE: CONCILIATION CONFERENCE ORDER AND NOW, this IS` day of January, 2014, at the request of counsel for the parties, the conciliation conference set for January 15, 2014, is continued to Friday, March 7, 2014, at 2:30 p.m. in Chambers of the undersigned. BY THE COURT, , /, /—)/1 Kevi A. Hess, P. J. Troy Sellars, Esquire 126 Locust Street Harrisburg, PA 17101 For the Plaintiff ✓ James Proctor, Jr., Esquire 1580 Ritner Highway, Suite 11 Carlisle, PA 17013 For the Defendant :rlm cn BANK OF AMERICA, N.A., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION NO. 13-3170 CIVIL rrl U3 :Z. - Fri ALYCE A. MINAHAN, Defendant ---ic:, --0 IN RE: CONCILIATION CONFERENCE ---,--:- ---,: Present at a conciliation conference held March 7, 2014, were D. Troy SellarEsquire:. attorney for the plaintiff, and James Proctor, Jr., Esquire, attorney for the defendant. Apparently there has been a denial of a loan modification in this case and a denial of an appeal. Nonetheless, the plaintiff is prepared to re-examine their position upon the submission of a new documents package from the defendant. It is agreed that those documents will be submitted within thirty (30) days and a continued conciliation conference will be set by order of even date herewith. Mr. Proctor has expressed a concern that his client will not be notified in the event that the submission of documents has not met the approval of the plaintiff. It is requested that the plaintiff notify the defendant, in a timely manner, when additional documents are required for the review of this matter. ORDER AND NOW, this day of March, 2014, continued conciliation conference is set for Friday, June 6, 2014, at 1:30 p.m. in Chambers of the undersigned. In the event that no decision has been reached concerning a loan modification or there has been a denial based on a defect in document submission, it is directed that a representative of plaintiff be present or available by telephone. X). Troy Sellars, Esquire 126 Locust Street Harrisburg, PA 17101 For the Plaintiff Xmes Proctor, Jr., Esquire 35 East High Street, Suite 202 Carlisle, PA 17013 For the Defendant :rim cps.s r7b.,1selL 2 P BY THE COURT, BANK OF AMERICA, N.A., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. ALYCE A. MINAHAN, Defendant : CIVIL ACTION : NO. 13-3170 CIVIL IN RE: CONCILIATION CONFERENCE ORDER AND NOW, this 6 day of June, 2014, following conciliation conference, it is ordered and directed that this matter be removed from the Cumberland County Mortgage Foreclosure Diversion Program and the stay entered in this case lifted effective August 21, 2014. BY THE COURT, oseph Schalk, Esquire 126 Locust Street Harrisburg, PA 17101 For the Plaintiff aures Proctor, Jr., Esquire 35 East High Street, Suite 202 Carlisle, PA 17013 For the Defendant :rim CI -74/1Y I kg CA) CPI