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HomeMy WebLinkAbout13-4653 Supreme Court of Perunsylvairia Courf of 6o " Pleas _ - CI�" l'Cot'�T S�iPt~t ForProthono €art' Use duly_ Cumberland Co unty Docl et No: The information collected on this form is used solely for court administration purposes. This form does not Supplement or replace the filing and service ofpleadings or other papers as required by law or rule of court. Commencement of Action: X Complaint ❑ Writ of Summons ❑ Petition S ❑ Transfer from another Jurisdiction ❑ Declaration of Takin E Lead Plaintiff Name: Lead Defendant's Name: BANK OF AMERICA, N.A JAMES W. DRASHER C STACY L. DRASHER T I Dollar Amount Requested within arbitration limits O Are money Damages requested ?: ❑ Yes ® No (Check one) X outside arbitration limits 1 Is this a Class Action Suit? ❑ Yes NO Is this an MDJ Appeal? ❑ Yes ® NO 1 A Name of Plaintiff/appellant's Attorney: KML Law Group, P.C. ❑ Check here if you are a Self-Represented Pro Se Litigant Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEAL ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Zoning Board ❑ Product Liability (does not include ❑ Employment dispute: ❑ Statutory Appeal: Other 1 mass tort) Discrimination ❑ Slander/Libel Defamation ❑ Other ❑Employment Dispute: Other T ❑ Other: I Q MASS TORT ❑ Other ❑ Asbestos 1 ❑ Tobacco ❑ Toxic Tort - DES I REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort - Implant ❑ Ejectment ❑ Common Law /Statutory ❑ Toxic Waste ❑ Eminent Domain/Condemnation Arbitration 11 Other ❑ Ground Rent ❑ Declaratory Judgment ❑ Landlord/Tenant Dispute ❑ Mandamus ® Mortgage Foreclosure: Residential ❑ Non - Domestic Relations PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial Restraining Order • Dental ❑ Partition ❑ Quo Warranto ❑ Legal ❑ Quiet title ❑ Replevin • Medical • Other Professional: ❑ Other ❑ Other Pa.RC.P. 205.5 Updated 1/1/2011 rT1 G - Or - 1 Cx —t C < KML LAW GROUP, P.C. SUITE 5000 — BNY MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (866) 413-2311 WWW.KMLLAWGROUP.00M BANK OF AMERICA, N.A IN THE COURT OF EAR 7105 Corporate Drive mc:) 7-- .rn C_ G-') PTX C-35 OF Cumberland COUN3j�a Plano, TX 75024 Cn r I co Plaintiff CIVIL ACTION - LAW �3 vs. JAMES W. DRASHER ACTION OF MORTGAGE FORAC STACY L. DRASHER Mortgagor(s) and Record Owner(s) CIVIL ACTION: MORTGA 222 Chester Road FORECLftumE Enola, PA 17025 Defendant(s) /3- � / _ 5 3 L �,,, I �� NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD 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 BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 4 (013. LEGAL SERVICES INC 8 Irvine Row 019 4// R Carlisle, PA 17013 717-243-9400 AVISO Le han dernandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decider a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. Sl NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO. VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717- 243 -9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. RESOURCES AVAILABLE FOR HOMEOWNERS IN FORECLOSURE ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- ; 243 -9400. 2). Call the Consumer Credit Counseling Agency at 1- 800 - 989 -2227 for free counseling. 3). Visit HUD's website www.hud.g_ov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http: / /www.plifa.org/ consumers /homeowners /real.aspx 5). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: http: / /wNvw.philadelpliiafed.org /foreclosure/ 7). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1- 866- 413 -2311 or via email at homeretention�kmllawgroup.com Call Seth at 215- 825 -6329 or fax 215- 825 -6429. The figure and /or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215- 825 -6318 or Fax: 215- 825 -6418. Please reference our Attorney File Number of 1232721 Para informacion en espanol puede communicarse con Loretta al 215- 825 -6344. This Action of Mortgage Foreclosuie will continue unless you take action to stop it. e i COMPLAINT IN MORTGAGE FORECLOSURE i I 1. Plaintiff is BANK OF AMERICA, N.A, 7105 Corporate Drive, PTX C -35 Plano, TX 75024. 2. The name(s) and address(es) of the Defendant(s) is /are JAMES W. DRASHER, 222 Chester Road, Enola , PA 17025 and STACY L. DRASHER, 222 Chester Road, Enola, PA 17025, who is /are the mortgagor(s) and record owner(s) of the mortgaged premises hereinafter described. 3. On January 14, 2009 mortgagor(s) made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR COUNTRYWIDE BANK, FSB, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County on January 30, 2009 as Instrument #200902434. The mortgage has been assigned to: BANK OF AMERICA, N.A. s /b /m to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP by assignment of Mortgage recorded on March 01, 2012 as Instrument# 201206094. A loan modification agreement has been recorded on December 27, 2012 as Instrument# 201240228. The Mortgage and Assignment(s) (if any) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents = are matters of public record. 4. Noteholder, directly or through an agent, has possession of the promissory note. The promissory note is either made payable to Noteholder or has been duly endorsed and is attached as Exhibit '13'. 5. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ( "Property "). I 6. The mortgage is in default because the monthly payments of principal and interest are due and unpaid ! for March 01, 2013 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 7. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ............................... ......................•........ ....................$233,562.73 Interest from 02/01/2013 through 08/31/2013 at 4.7500% ......................$6,471.64 After 08/31/2013 interest on the principal balance will accrue monthly, on the first day of each month, in the amount of $924.51, calculated at 4.7500% Credits...................................................................... ....................... ($3,524.21) $236,510.16 8. Plaintiff is not seeking a judgment of personal liability (or an " personam judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re- establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. The Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and the principal balance exceeds the state mandated amounts under Pa. Act 6 of 1974 and, as such, the Plaintiff is not required to send Notice under Act No. 6 of 1974. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $236,510.16, together with interest at the rate of $924.51, per month and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Note and Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property. By: /T KML LAW GROUP, Michael McKeev r Pa. ID 56129 Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Joshua 1. Goldman Pa. ID 205047 Jill P. Jenkins Pa. ID 306588 Andrew F. Gornall Pa. ID 92382 Alyk L. Oflazian Pa. ID 312912 Salvatore Filippello Pa. ID 313897 Attorneys for Plaintiff VERIFICATION hereby states that he/&h is *�'-' nt(, f Vet VW (L}J(1 �, of Bank of America, N.A., successor by merger to BAC Home Loans Servicing L.P., Plaintiff in this matter, that he/& 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 er knowledge, 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: t Name: Title: #123272FC - JAMES W. DRASHER and STACY L. DRASHER 222 Chester Road Enola , PA 17025 N N � 1 III 1 11111 I hull II I I 11 I III IIIN 1 11 11 1 1 In 1 nw I i ALL THAT CERTAIN: tract of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BOUNDED on the north by a ten (10) foot wide alley, on the east by Lot No. 12, Section J. on hereinafter mentioned Plan of Lots, on the South by Franklin Road, and on the west by Chester Avenue, containing one hundred (100) feet in Front on Franklin road and extending in depth an even width one hundred fifty (15 0) feet to the ten (10) foot alley in the rear. BEING Lots Nos. 13 and 14, Section J. on Plan of Lots of West Enola, which said Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 1, Page 29_ Parcel #09 -15- 1290 -219 Legal Description Exhibit A 1 C404 -XX (08 108)(d /i) Page 1 of 1 111111111 . 11111111111111111111111111 ' 2 3 9 9 1 2 0 1 3 2 7 4 8 2 0 0 0 0 0 1 0 4 0 4' C7/16/2013 11:30:41 AM CUMBERLAND COUNTY Intl 200902434 - Page 4 of 1 i EE Z Zt (B *Exhibit has been redacted to remove all personally identifiable information or non-public information CRPRDNRBS46a 1/9/2012 12:09:26 PM PAGE 33/072 888 - 294 -5658 ANK Prepared ]�y: xATHRRIPH TRRADWELL Multistate NOTE I Case No. LOAN 0_ M482 PA4418531312703 JANUARY 14, 2009 [pate] 222 CHESTER RD, ENOLA, PA 17025 [1'roperry Addr"%sl 1. PART)3J.S "Borrower" means each person signing at the end of this Note, and the person's successors and. assigns. "Under" means COUNTRYWIDE BANK, FSB and its successors and assigns. 2. BORROWER'S PROMISE TO PAY, INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of ' TWO HUNDRED SEVENTY THOUSA14D SIX HUNDRED FIFTY FIVE and 00/100 Dollars (U.S. $270 , 6 55.00 }, plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of FIVE & FIVE- EIGHTHS percent ( 5.625 %) per year until the full amount of principal has been paid. 3. PRONHSE TO PAY SECURED Borrower's promise to pay is secured by a Mortgage, Deed of Trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument" The Security Instrument protects the Lender from losses which might insult if Borrower defaults under this Note. 4. MANNER OFPAYMWf (A) T hne Borrower shall make a payment of principal and interest to Larder on the first day of each month beginning on MARCH 01, 2009 Any principal and interest remaining on the first day of FEBRUARY, 2039 will be due on that date, which is called the "Maturity Date." (B) Place Payment shall be made at P.O. Box 660694, Dallas, TX 75266 -0694 or at such place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $1, 55B . 04 This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (A) Allonge to this Note for payment adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allongr, shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable box] ❑ Graduated Payment Allonge ❑ Growing Equity Allonge ❑ Other [speci 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. fi. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of FOUR percent ( 4.000 %) of the overdue amount of each payment (B) Default if Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lenders rights to require immediate payment in full in the case of FHA Fixed Rate Nate 2001 R-XX (02108)(dA) page 1 of 2 FHA Multistate Fixed Rate Note - 10195 1111111 111111111111111111111 2 3 9 9 1 2 0 1 3 2 7 4 8 2 0 0 0 0 0 2 0 0 1 R r 'CRPRDNRBS46a, 1/9/2012 12:09:26 PM PAGE 35/072 888 - 294 -5658 CASE #: PA4418531312703 IV LOAN #: 482 payment defaults. This Note does not authorize acceleration when not permitted by HUD regulation, As used n' us Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Puyment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. 'Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrowers different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. PAY TO THE ORDER OF WITHOUT PF "OURSE BANK OF AI11;BF N.A. BY MICHELE SJOLANDER MANAGING DIRECTOR i BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. (Seal) 7 S 19. DRASHER $OIIDwer -BAWQ� t it �, IIA t N.A ' V ' f La","', (Seal) g STAC�RASI�ER - Borrower BY ;.� (Seal) lAilA MM - Borrower �CN10RuACEfikE� (Seal) - Borrower FHA Fixed Fate Nate 2DO1 R -XX (02JOa) Pape 2 of 2 FHA Multistate Fixed Rate Note - 10195 i I i IN THE COURT OF COMMON PLEAS OF _ X CUMBERLAND COUNTY, PENNSYLV� ` ' = M i C!3 � BANK OF AMERICA, N.A c -,- .. Plaintiff VS. Case No. JAMES W. DRASHER STACY L. DRASHER Defendant(s) NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court,`which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: (Signature of Coun 1 or Plaintiff) 8/7/2013 Date Cumberland County Residential .Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket. # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete-your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the hest of your knowledge: • Borrower names): Property Address: city: State: _ Zip Is the property for sale? Yes No Listing date; price: $ Realtor Name: _ Realtor Phone: Borrower Occupied? Yes ' No El ��— Mailing Address (if different): City: State' Zip: Phone Numbers: Home: Offtce: Cell: Other: Email; of people in household: How long? Mailing Address; City. State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # ofpeople in household: How long? First. Mortgage Lender: Type of Loan: Loan Number: Hate You Closed Your Loan.: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: S Included Taxes & Insurance: Date of bast 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: S S Investments: $ S I Checking: $ $ Savings: S � Other: S Automobile #I: Model: Dear: Amount owed: Value- Automobile #2 : Model: Year: Amount owed: value: Other transp ortation automobiles boats m tore Iles Model: Year Amount owed: value Monthly Income Name of Employers:. I . - 2. 3. - Additional Income Description (not: wages): 1. monthly .amount: 21 monthly amount: Borrower Pay bays: Co- Borrower Fay Days: Monthly Ex aaMses r (Please only include expenses you are currently paying) EXPENSE J AMOUNT E XPENSE AMOUNT Mortgage. Food 2 Mortgag [Utilities Car Pa errs Condo/Nei , Fees Auto Insurance Med, not covered Auto fuel/repairs Other prop. pay ment Install. Loan Pay ment Cable TV Child Su rtFAtim. S pendin& Mone c Da /Child CarelTuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? `i''es El No E If yes, please provide the follvuring information: Counseling Agency: Counselor: Phone.(Office): Fax i l~naail: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes' [] No 5 If yes, please indicate the status of the application; Have you had any prior negotiations with your lender or lender's loam servicing company to resolve your delinquency? Yes No If yes, please indicate the status of those negotiations: Please provide the follwAing information, if know, regarding your lender or lender's loan Servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: Itwe, , authorize the above named to uselrefer this information to my loader / servicer for the sole purpose of evaluating my financial situation for possible mortgage options. l/We understand that l/we am/are under no obligation to use the services provided by the above named .Borrower Signature Date Co- Borrower Signature Date 'lease forward this document along with the following information to lender and lender's counsel: Y Proof of income Past 2 bank statements Y Proof of any expected income for the last 45 stays. Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation (hardship ;letter) Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson � Sheriff et t�siaret���,�tx� Jody S Smith Chief Deputy 213 AUG 23 PM 2- Richard W Stewart '``=.w " CUMBERLAND COUNTY Solicitor `FFiC OF THE VERIP= PENNSYLVANIA Bank of America, N.A. Case Number vs. 2013-4653 James Drasher(et al.) SHERIFF'S RETURN OF SERVICE 08/15/2013 05:40 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 "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: James Drasher at 222 Chester Road, East Pennsboro, Enola, PA 17025. Amwcta alml� AMANDA COBAUGH, DEPUTY 08/15/2013 06:40 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 James Drasher, husband, who accepted as"Adult Person in Charge"for Stacy L. Drasher at 222 Chester Road, East Pennsboro Township, Enola, PA 17025. L-�Uu alLgAq& AMANDA COBAUGH, DEPUTY SHERIFF COST: $60.95 SO ANSWERS, August 20, 2013 RbNW R ANDERSON, SHERIFF (0 County5uite F,hentr,Teieosoft,€nc. L. PPnTHOHOTiw 1 Michael J.Pykosh, Esquire p t 6 ID#58851 2D1 2 Market s Law Group, LLC 2:t3$E� 12 Q [�� t Camp Hill, Pennsylvania 17011 ul tBERi.p, ,,t_ ('�u \; Telephone—(717)975-9446 t+ Fax—(717)975-2309 p NNS I LVl mpykoshAdplglaw.com Attorney for Defendants BANK OF AMERICA, N.A. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 13-4653 JAMES W. DRASHER, • STACY L. DRASHER : CIVIL ACTION Defendants : IN MORTGAGE FORECLOSURE 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. Defendants are the owners of the real property which is the subject of this mortgage foreclosure action; 2. Defendants live in the subject real property, which is Defendants' primary residence; 3. Defendants have 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. ��� � a ,_„ _,3 Michael J. P sh, qu Date Defendants' ounsel / Legal Representative ees W. Drasher Date Defendant tacy LC rasher Date Defendant Michael J.Pykosh,Esquire ID#58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill,Pennsylvania 17011 Telephone—(717)975-9446 Fax—(717)975-2309 mpvkosha.dplglaw.com Attorney for Defendants BANK OF AMERICA, N.A. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 13-4653 JAMES W. DRASHER, STACY L. DRASHER : CIVIL ACTION Defendants : IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICES I hereby certify that a copy of the foregoing DEFENDANTS' REQUEST FOR CONCILIATION CONFERENCE, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Bank of America, N.A. c/o Salvatore Filippello, Esquire KML Law Group, P.C. Suite 5000-BNY Mellon Independence Center 701 Market Street Philadelphia, PA 19106 Respectfully Submitted, Date: �—I i —13 By: Michael J. P kosh, Esquire ID # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 717-975-9446 Attorney for Defendants 4 BANK OF AMERICA,N.A., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION NO. 13-4653 CIVIL -Va JAMES W. DRASHER and 1_"m Fn STACY L. DRASHER, r.a Defendants CASE MANAGEMENT ORDERS Y AND NOW, this d day of September, 2013, the parties having agreed t©a cz 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/,id U13 , at Vim. 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 defendantiborrower 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, Kevi . Hess, P.J. S alvatore Filippello, Esquire KML Law Group,P.C. Suite 5000-BNY Mellon Independence Center 701 Market Street Philadelphia, PA 19106 For the Plaintiff ichael Pykosh, Esquire 2132 Market Street Camp Hill, PA 17011 For the Defendants :rlm ez LL BANK OF AMERICA, N.A., • IN THE COURT OF COMMON PLEAS OF Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA vs. • CIVIL ACTION • NO. 13-4653 CIVIL JAMES W. DRASHER and • STACY L. DRASHER, Defendants • ORDER AND NOW, this /3 r day of November, 2013, at the request of counsel for the parties, the conciliation conference set for November 14, 2013, is continued to Friday, January 3, 2014, at 2:30 p.m. in Chambers of the undersigned. BY THE COURT, Kevin A . Hess, P. J. Nathan C. Wolf, Esquire For the Plaintiff Michael Pykosh, Esquire For the Defendants ebby Sigal Home Retention Department KML Law Group, P.C. Suite 500 BNY Mellon Independence Ctr. 701 Market Street -c►=1 4-4-' rn Philadelphia, PA 19106 ,, :rim -<> f— Caft. 11247 .1.Let_ r-- c.t) /1/13/13 -< . BANK OF AMERICA,N.A., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION NO. 13-4653 CIVIL JAMES W. DRASHER and STACY L. DRASHER, Defendants ORDER AND NOW, this 2 "-'' day of January, 2014, at the request of counsel for the parties, the conciliation conference set for January 3, 2014, is continued to Friday, February 21, 2014, at 3:00 p.m. in Chambers of the undersigned. BY THE COURT, Kevi A. Hess, P. J. Nathan C. Wolf, Esquire For the Plaintiff Michael Pykosh, Esquire For the Defendants e by Sigal Home Retention Department KML Law Group, P.C. Suite 500 BNY Mellon Independence Ctr. ' 701 Market Street r n'LL Philadelphia, PA 19106 ri :rlm toes -; t�a�i y BANK OF AMERICA,N.A., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION NO. 13-4653 CIVIL JAMES W. DRASHER and STACY L. DRASHER, Defendants ORDER AND NOW, this Z.z- day of January, 2014, the conciliation conference set for February 21, 2014, is continued to Wednesday, February 26, 2014, at 3:00 p.m. in Chambers of the undersigned. BY THE COURT, Kev' A. Hess, P. J. ZNathan C. Wolf, Esquire For the Plaintiff �ichael Pykosh, Esquire For the Defendants :rlm r- --� x. m rT �N l.dl G7 LL N a' C � .� w y BANK OF AMERICA,N.A., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION NO. 13-4653 CIVIL JAMES W. DRASHER and STACY L. DRASHER, Defendants ORDER AND NOW, this day of February, 2014, at the request of the parties,the conciliation conference set for February 26, 2014, is continued to Friday, March 28, 2014, at 1:30 p.m. in Chambers of the undersigned. BY THE COURT, // /Y,-- Kevin . ess, P. J. -'---Nathan C. Wolf, Esquire For the Plaintiff w' Michael Pykosh, Esquire For the Defendants :rlm cop.-es rq T D c.)c BANK OF AMERICA, N.A., Plaintiff vs. JAMES W. DRASHER and STACY L. DRASHER, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION : NO. 13 -4653 CIVIL ORDER AND NOW, this .2 7. day of March, 2014, at the request of the parties, the conciliation conference set for March 28, 2014, is continued to Friday, June 27, 2014, at 2:00 p.m. in Chambers of the undersigned. BY THE COURT, 4/4( Kevin Hess, P. J. ,/ Nathan C. Wolf, Esquire For the Plaintiff Michael Pykosh, Esquire For the Defendants :rlm 337x/fly i&_8 /�a.►ls� BANK OF AMERICA,N.A., : IN THE COURT OF COMMON PLEAS OF Plaintiff CI.IMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION : NO. 13-4653 CIVIL JAMES W. DRASHER and STACY L.DRASHER, Defendants ORDER AND NOW,this ? S' day of June, 2014,at the request of the parties, the conciliation conference set for June 27,2014, is continued to Friday,July 18,2014,at 3:30 pm. in Chambers of the undersigned. BY THE COURT, Kevin , . Hess, P. J. Nathan C. Wolf', Esquire For the Plaintiff Michael Pykosh, Esquire For the Defendants :rim I'es n'L Le:Tasty J ryl �. N I 4 t-a G / _ r�. BANK OF AMERICA, N.A., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. JAMES W. DRASHER and STACY L. DRASHER, Defendants : CIVIL ACTION : NO. 13-4653 CIVIL ORDER AND NOW, this /5— day of July, 2014, it appearing that the issues in this matter have been resolved, the conciliation conference set for July 18, 2014, is cancelled. BY THE COURT, Zathan C. Wolf, Esquire For the Plaintiff Michael Pykosh, Esquire For the Defendants :r1m 0-e>'J :CS r/ti.i 'LELI 7/' /11 KML LAW GROUP, P.C. Suite 5000—BNY Mellon Independence Center r '' r ' 701 Market Street 'i Philadelphia, PA 19106-1532 pi 215-627-1322 A BANK OF AMERICA,N.A 7105 Corporate Drive IN THE COURT OF COMMON PLEAS PTX C-35 Plano, TX 75024 OF CUMBERLAND COUNTY Plaintiff vs. STACY L. DRASHER No. 13-4653 JAMES W. DRASHER (Mortgagor(s) and Record owner(s)) 222 Chester Road Enola, PA 17025 Defendant(s) PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Discontinued and Ended without prejudice upon payment of your costs only. KML LAW GROUP,P.C. F/K/A GOLDBECK McCAFFERTY& McKEEVER By: Michael McKeeveV I g.ID 56129 Jay E.Kivitz Pa.ID 26769 Lisa Lee Pa.ID 78020 Thomas Puleo Pa.ID 27615 David Fein Pa. ID 82628 Jill P.Jenkins Pa.ID 306588 Alyk L.Oflazian Pa. ID 312912 Salvatore Filippello,Pa.ID 313897 Jennifer Lynn Frechie,Pa. ID 316160 Attorneys for Plaintiff