HomeMy WebLinkAbout13-6213 ` Supreme Court:of Pennsylvania
Cour O Common Pleas
n( For Prothonotary Use Only:
Iv�13Cove; S
CU.I EM=h Y COUIIty Docket 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 rules of court.
Commencement of Action:
S ❑O 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: DONALD R. NACE, JR
C SUCCESSOR BY MERGER TO BAC HOME LOANS
T SERVICING, LP F/K/A COUNTRYWIDE HOME
I I LOANS SERVICING, LP
�
Z Dollar Amount Requested: ❑within arbitration limits
U Are money damages requested. ❑ Yes ❑ No x
(Check one) ❑ outside arbitration limits
i
N Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJ Appeal? ❑ Yes ❑x No
A Name of Plaintiff /Appellant's Attorney: Allison F. Zuckerman, Esa., Id. No.309519, Phelan Halligan, LLP
L
❑ 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 0110112011
I 313 OCT 22 AN$r 10: d
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
allison.zuckerman @phelanhallinan.com
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. 13-
V.
CUMBERLAND COUNTY
DONALD R. NACE, JR
111 EAST PINE STREET
MOUNT HOLLY SPRINGS, PA 17065 -1425
PENNY L. NACE
111 EAST PINE STREET
MOUNT HOLLY SPRINGS, PA 17065 -1425
Defendants
CIVIL ACTION - LAW
COUNT I - MORTGAGE FORECLOSURE fi
(�. a
ck- 4 35�
File #: 799601
. 3
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:
DONALD R. NACE, JR
111 EAST PINE STREET
MOUNT HOLLY SPRINGS, PA 17065 -1425
PENNY L. NACE
111 EAST PINE STREET
MOUNT HOLLY SPRINGS, PA 17065 -1425
who is /are the mortgagor(s) and /or real owner(s) of the property hereinafter described.
3. On 08/21/2003 DONALD R. NACE, JR and PENNY L. NACE made, executed and
delivered a mortgage upon the premises hereinafter described to MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR FULL
SPECTRUM LENDING, INC., which mortgage is recorded in the Office of the Recorder
of Deeds of CUMBERLAND County, in Mortgage Book 1832, Page 0537. By
Assignment of Mortgage recorded 07/11/2011 the mortgage was assigned to
PLAINTIFF, which Assignment is recorded in Assignment of Mortgage Instrument No.
201119203. 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,
File #: 799601
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.
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 01/01/2012 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 09/16/2013:
Principal Balance $75,540.40
Interest $2,705.99
12/01/2011 through 09/16/2013
Late Charges $63.72
Property Inspections $387.50
Non Sufficient Funds Charge $120.00
Title Costs $225.00
Escrow Deficit $9,368.43
Subtotal $88,411.04
Suspense Credit ($35.21)
Escrow Credit 75.82
TOTAL $88,300.01
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
File #: 799601
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
the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied
assistance by the Pennsylvania Housing Finance Agency.
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$88,300.01, 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.
COUNT II — MORTGAGE REFORMATION
10. Plaintiff hereby incorporates paragraphs one (1) through nine (9) as though fully set forth.
11. By deed dated July 11, 1996 and recorded July 12, 1996 in deed book 142; Page 635,
Defendants became owners of the property commonly known and numbered as 111 East
Pine Street, Mount Holly Springs, PA 17065 -1425 ( "the Property"). Said deed is a
matter of public record and is 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.
File #: 799601
12. On 08/21/2003 Defendants made, executed and delivered a mortgage upon the Property
as described above ( "the Mortgage "). See supra, at $ 3.
13. Thereafter, Defendants entered into an agreement with neighboring property owners,
Rosemary B. Acorda, Marie E. Hollinger, Allan W. Stackhouse, and Ohio Blenders, Inc.,
wherein each party surrendered certain property and gained certain other property. This
resulted in a rearrangement of the surrounding property lines and an alteration to the
boundaries of the Property.
14. The new description of the Property is contained in the Deed of Consolidation dated
October 1, 2010 and recorded November 10, 2010 at Instrument Number 201032861. A
true and correct copy of said deed is attached hereto, made a part hereof, and marked as
Exhibit "A ".
15. Defendants' additional property as described in the attached legal description is a
"replacement" or "addition" as those terms are used in the Mortgage. The Mortgage
expressly grants a lien on Defendants' then -owner property along with any replacements
or additions.
16. The Property would be landlocked and worthless without the land addition because of the
land and easements given up by Defendants.
17. Although the Mortgage lien encumbers the land addition by the terms of the Mortgage,
Plaintiff, or a third -party purchaser, will not be able to obtain insurable, and thus
marketable, title to the Property after Sheriff's sale if the Mortgage is not reformed to
expressly cover the new boundaries of the Property.
18. Without the requested relief, Plaintiff will not receive the full value of the collateral to
which it is entitled.
File #: 799601
WHEREFORE, Plaintiff asks this Court to reform the legal description attached to the Mortgage
in accordance with its terms granting Plaintiff a lien on any replacements or additions to the
Property, order the Recorder of Deeds to index said order against the Mortgage and the property
known as 111 East Pine Street, Mount Holly Springs, PA 17065 -1425, parcel number 23 -32-
2336 -275, and grant any other relief the Court finds appropriate.
PHELAN HAL P
By:
Aj�Wn erman, Esq., No.309519
ttorney for Plaintiff
File #: 799601
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land with improvements thereon erected situate in the Borough
of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described according to
the Final Lot Addition Plan for Ohio Blenders, Inc., prepared by Madden Engineering Services,
Inc., dated April 10, 2010, and recorded in Cumberland County, Pennsylvania, at Instrument
Number 201027540, as follows, to wit:
BEGINNING at an iron pin set on the right -of -way of East Pine Street (56 feet row) at the
southeastern corner of Lot 2 on the above plan; thence along said Lot 2, North 26 degrees 30
minutes 00 seconds East 200.00 feet to a proposed concrete monument; thence along same,
North 83 degrees 30 minutes 00 seconds West 125.00 feet to a proposed iron pin; thence along
land now or formerly of Rosemary B. Acorda, North 26 degrees 30 minutes 00 seconds East
170.00 feet to an iron pin set; thence along Lot 1 the following four courses and distances: (1)
South 83 degrees 30 minutes 00 seconds East 220.00 feet to a proposed iron pin; (2) South 26
degrees 30 minutes 00 seconds West 170.00 feet to a proposed iron pin; (3) North 63 degrees 30
minutes 30 seconds West 65.00 feet to a proposed iron pin; and (4) South 26 degrees 30 minutes
00 seconds West 200.00 feet to a proposed concrete monument; thence along said East Pine
Street, North 63 degrees 30 minutes 00 seconds West 30.00 feet to an iron pin set, the point and
place of Beginning.
BEING Lot 3 on the Final Lot Addition Plan for Ohio Blenders, Inc., and CONTAINING 1.00
acre.
BEING composed of three tracts of land conveyed to Donald R. Nace, Jr., and Penny L. Nace,
his wife, as follows:
1. Being the remainder of the premises which Herbert J. Moffitt and Thelma L. Moffitt, his wife,
by their Deed dated July 11, 1996, and recorded in Cumberland County, Pennsylvania Deed
Book 142, Page 635, granted and conveyed unto Donald R. Nace, Jr., and Penny L. Nace, his
wife.
2. Being the same premises which Ohio Blenders, Inc., d/b /a Alfagreen Supreme, by its Deed
dated Octoer 19, 2010, and recorded in Cumberland County, Pennsylvania, at Instrument
Number 201032860 granted and conveyed unto Donald R. Nace, Jr., and Penny L. Nace,
husband wife.
3. Being the same premises marked as Exhibit'E' which were transferred unto Donald R. Nace,
Jr., and Penny L. Nace, by Agreement Regarding Surrenders in Part of Certain Rights of Way,
Retentions in Part of Certain Rights of Way, and Transfers of Interest in an Unopened Street
(Quit Claim Deed) dated April 1, 2010, and recorded in Cumberland County, Pennsylvania, at
Instrument Number 201010493.
PROPERTY ADDRESS: 111 EAST PINE STREET, MOUNT HOLLY SPRINGS, PA
17065 -1425
PARCEL #23 -32- 2336 -275, #23 -32- 2336- 275./02 and #23 -32- 2336- 275.- TR06359
File V 799601
ExHiB, �, A,
F111LEWlia"I131111Alfgg,IIPM a111062.L1;.hfi.1D"d.N2M
t
OOOSTS
Parcel No. 23 -32 -2336 -275
a 3. 3�•a3�6 - N t $
DEED OF CONSOLIDATION
MADE THE 1s1 day of jd0b9 / , 2010.
BETWEEN DONALD R. NACE, JR., and PENNY L. MACE, husband and wife, of the
Borough of Mount Holly Springs, Cumberland County, Pennsylvania, hereinafter referred to as:
Grantors,
AND DONALD R. NACE, JR., and PENNY L. NACE, husband and wife, of the Borough of
Mount Holly Springs, Cumberland County, Pennsylvania, hereinafter referred to as:
Grantees,
In consideration of ONE DOLLAR ($1.00), the receipt whereof is hereby acknowledged, the
Grantors do hereby grant and convey to the Grantees, their heirs and assigns:
ALL THAT CERTAIN tract of land with improvements thereon erected situate in the
Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and
described according to the Final Lot Addition Plan for Ohio Blenders, Inc., prepared
by Madden Engineering Services, Inc., dated April 10, 2010, and recorded in
Cumberland County, Pennsylvania, at Instrument Number 201027540, as follows,
to wit:
BEGINNING at an iron pin set on the right -of -way of East Pine Street (56' row) at
the southeastern corner of Lot 2 on the above plan; thence along said Lot 2, North 26
degrees 30 minutes 00 seconds East 200.00 feet to a proposed concrete monument;
thence along same, North 83 degrees 30 minutes 00 seconds West 125.00 feet to a
proposed iron pin; thence along land now or formerly of Rosemary B. Acorda, North
26 degrees 30 minutes 00 seconds East 170.00 feet to an iron pin set; thence along
Lot 1 the following four courses and distances: (1) South 83 degrees 30 minutes 00
seconds East 220.00 feet to a proposed iron pin; (2) South 26 degrees 30 minutes 00
seconds West 170.00 feet to a proposed iron pin; (3) North 63 degrees 30 minutes
30 seconds West 65.00 feet to a proposed iron pin; and (4) South 26 degrees 30
minutes 00 seconds West 200.00 feet to a proposed concrete monument; thence along
said East Pine Street, North 63 degrees 30 minutes 00 seconds West 30.00 feet to an
iron pin set, the point and place of Beginning.
07131/2012 10:07:13 AM CUMBERLAND COUNTY Inst.# 201032861 - Page 1 of
BEING Lot 3 on the Final Lot Addition PIan for Ohio Blenders, Inc., and
CONTAINING 1.00 acre.
BEING composed of three tracts of land conveyed to Donald R. Nace, Jr., and Penny
L. Nace, his wife, as follows:
1. Being the remainder of the premises which Herbert J. Moffitt and Thelma L.
Moffitt, his wife, by their Deed dated July 11, 1996, and recorded in
Cumberland County, Pennsylvania Deed Book 142, Page 635, granted and
conveyed unto Donald R. Nace, Jr., and Penny L. Nace, his wife.
2. Being the same premises which Ohio Blenders, Inc., d/b /a Alfagreen
Supreme, by its Deed dated Octoer 19, 2010, and recorded in Cumberland
County, Pennsylvania, at Instrument Number 2010
granted and conveyed unto Donald R. Nace, Jr., and Penny L. Nace, husband
wife.
3. Being the same premises marked as Exhibit "E" which were transferred unto
Donald R. Nace, Jr., and Penny L. Nace, by Agreement Regarding Surrenders
in Part of Certain Rights of Way, Retentions in Part of Certain Rights of
Way, and Transfers of Interest in an Unopened Street (Quit Claim Deed)
dated April 1, 2010, and recorded in Cumberland County, Pennsylvania, at
Instrument Number 201010493.
SUBJECT to an Access Agreement and Right of First Refusal dated June 29, 2009,
and recorded in Cumberland County, Pennsylvania, in Instrument Number
200935798.
THE GRANTORS AND GRANTEES ARE THE SAME PERSONS AND THEREFORE THIS
TRANSACTION IS EXEMPT FROM REALTY TRANSFER TAXES.
AND the said Grantors hereby covenant and agree that they will warrant specially the
property hereby conveyed.
07/31/2012 10:07:13 AM CUMBERLAND COUNTY Inst.# 201032861 - Page 2 of
IN WITNESS WHEREOF, said Grantors have hereunto set their hands and seals the day and
year first above written.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF
6Z, (SEAL)
Donald . Nace, Jr.
(SEAL)
Penny L. ace
COMMONWEALTH OF PENNSYLVANIA )
): ss.
COUNTY OF CUMBERLAND )
On this, the 1, day of - Gt'�:' , 2010, before me, the undersigned officer, personally appeared
DONALD R. NACE, JR., and PENNY L. NACE, known to me or satisfactorily proven to be the persons
whose names are subscribed to the within instrument, and acknowledged that they executed the same for
the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
>~ / - `•..�p� (SEAL)
N Public
COMMO NWEALTH OF PEN NSYLVA NIA
Notarial Seal
Mary M. Price Notary Public .' W
Carlisle Born. Cumberland County
My CdriMWion Ekes Aug. 1 B, 2011
Member, PennsytvaNa Assodation of Notaries
07/31/2012 10:07:13 AM CUMBERLAND COUNTY Inst.# 201032861 - Page 3 of
I hereby certify that the precise residence and complete post office address of the within Grantees
is 111 East Pine Street, Mt. Holly Springs, PA 17065
Attorney for Grantees NTS
MARTSON DEARDORFF WILLIAMS OTTO GILROY" & FALLER
MARTSON
LAW OFFICES
10 EAST HIGH STREET
CARLISLE, PENNSYLVANIA 17013
TELFFHONF 717 - 243 -3341
FACsih11LE 717- 243 -1850
INTERNET www.niartsonlaw.com
07/31/2012 10:07:13 AM CUMBERLAND COUNTY Inst.# 201032861 - Page 4 of
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013 =
717- 240 -6370 -
Instrument Number - 201032861
Recorded On 11/10/2010 At 12:02:32 PM * Total Pages - 5
* Instrument Type - DEED
Invoice Number - 76496 User ID - MSW
* Grantor - NACE, DONALD R JR
* Grantee - NACE, DONALD R JR
* Customer - MARTSON
* FEES
STATE WRIT TAX $0.50 Certification Page
STATE JCS /ACCESS TO $23.50
JU STICE DO NOT DETACH
RECORDING FEES — $11.50
RECORDER OF DEEDS This page is now part
PARCEL CERTIFICATION $20.00
FEES of this legal document.
AFFORDABLE HOUSING $11.50
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
CARLISLE AREA SCHOOL $0.00
DISTRICT
MT. HOLLY SPRINGS $0.00
BOROUGH
TOTAL PAID $72.00
I Certify this to be recorded
in Cumberland County PA
RECORDER D D � DS
rreo
* - Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
0005TS
1111�11�II�il�llilli 11�111R
07/31/2012 10:07:13 AM CUMBERLAND COUNTY Inst.# 201032861 - Page 5 of
VERIFICATION
Pay) m Ao-,A6 l (a- , hereby states thatQshe of BANK OF
AMERICA, N.A., Plaintiff in this in 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 o hi er 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: � (� ( o
ame: PO u` M,chc�1
Title: ASS 1S6-w Vt"U PIt",jayd
BANK OF AMERICA, N.A.
File #: 799601
Name: NACE
File fl: 799601
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 #: 799601
FORM 1
IN THE COURT OF COMMON PLEAS
BANK OF AMERICA, N.A., AS SUCCESSOR BY OF CUMBERLAND COUNTY, PENNSYLVANIA
MERGER TO BAC HOME LOANS SERVICING,
LP F/K/A COUNTRYWIDE HOME LOANS
SERVICING, LP
Plaintiff(s)
VS.
DONALD R. NACE, JR
PENNY L. NACE
Defendants) � � rvil
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 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:
Date c..
lison c erman, Esq., Id. No.3Q�19
Attorney for Plaintiff
M M
U)
y> Ca
CD
�n T"
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:
CUSTOM ER/PRI MARY 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: Zi p:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
CO-BORROWER
Mailing Address:
City: State: Zip
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
INFORMATION FINANCIAL
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, motorcy Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
1. Monthly Gross Monthly Net
2. Monthly Gross Monthly Net
3. Monthly Gross Monthly Net
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 Su ort/Alim. Spending Mone
Da /Child Care /Tuft. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income & Expenses:
Have you been working with a Housing Counseling Agency?
Yes ❑ No ❑
If yes, please provide the following information:
Counseling Agency: Counselor:
Phone (Office): Fax:
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:
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 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)
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny RAnderson t:. , '� E _.
Sheriff
THE T ROTHONOTAR i
Jody S Smith 2013 NOV _y PM 3 5b
Chief Deputy
Richard W Stewart ° CUtlip.I.1049 COUNTY
Solicitor P $Y LVANIA
Bank of America, N.A.
vs. Case Number
Donald Ray Nace, Jr(et al.) 2013-6213
SHERIFF'S RETURN OF SERVICE
10/25/2013 04:15 PM - Deputy Jason Kinsler, 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: Donald
Ray Nace, Jr at 111 E Pine Street, Mt. Holly Borough, Mt Holly Springs, PA 17065.trJAS KIN E DEPUTY
10/25/2013 04:15 PM- Deputy Jason Kinsler, 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: Penny
L Nace at 111 East Pine Street, Mt. Holly Borough, Mt. Holly Springs, PA 17065.
_r ■ 1 >✓__./ - —I
JASO INSL' DEPUTY
SHERIFF COST: $51.91 SO ANSWERS,
October 28, 2013 RON&R ANDERSON, SHERIFF
(C; ouiSu Sner r,le aosoft.
0
BANK OF AMERICA, N.A., : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v. : NO. 2013- 6213 CIVIL TERM
DONALD R. NACE, Jr. and, : CIVIL ACTION
PENNY L. NACE, :
-p3 w ;
Defendants r-rt ' :- _
xrn
=�
PETITION FOR CONCILIATION CONFERENCE <I
•c.
1. Petitioner is Robert L. O'Brien, Esquire. - IN)
2. Petitioner was contacted by Penny Nace, who met with Petitioner. Mrs. Nace met
with the Advantage C.C.S.,the counselor and on November 20th,2013 met with Petitioner.
Attached is the Financial Worksheet, Form 2, which the counselor assisted the Naces in
completing.
3. Defendants are the owners and residents of the property being foreclosed on.
4. Petitioner states that the Defendants were served with the "Notice of Residential
Mortgage Foreclosure Diversion Program" and have taken all the steps required in the
Notice to be eligible to participate in the court-supervised conciliation conference.
Petitioner requests that Mr. And Mrs. Nace and the Plaintiff participate in the mortgage
diversion program.
5. I understand that false statements herein are made subject to the penalties of 18
Pa. C.S. § 4904, relating to unsworn falsification to authorities.
Respectfully submitted,
Robert L. O'Brien
By: c � -
Robert L. O'Brien, Esquire
Attorney for Defendants
I.D. # 28351
19 West South Street
Carlisle, Pennsylvania 17013
249-6873
ti's
*if FORM 2
�,s
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:
( R/PRF\1\RN al'PLIC\\ I
Borrower name(s): . ► MIN fQ (,e.41-Atce
Property Address: // / •. 5 ti-
City: I( r' State: Pa- Zip: l7oCar
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: 7(7-60f—S /Other:
Email: AIA-iee NA/Q Atae•Cm+^-
#of people in household: How long? � c (2"4/f-4,
cO-IRORROWVER
Mailing Address: it) /A
City: State:_ Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
#of people in household: How long?
FL\,-1\CI‘L 11FOR1] \TION
First Mortgage Lender: 13 °ft (8 can o Amen-co-
Type of Loan: a yews ccnuen4
Loan Number: (�Q )7� � Date You Closed Your Loan: 6 lac)D 3
Second Mortgage Lender:
Type of of Loan:
Loan Number:
Total Mortgage Payments Amount: $ Sip 3.c'v Included Taxes&Insurance: I• s
Date of Last Payment: /a aO(/ ci,5 beg / o f r e e o /
Prima7 Reason for D fault:
Is the loan in Bankruptcy? Yes❑ No[I
If yes,provide names,location of court,case number&attorney:
,ids
Rigk 9
OP
-.-2 Assets Amount Owed: Value:
Home: $ '75)5L/0.oo $ /03,000 Z,`Ilvw
Other Real Estate: $ -S- $
Retirement Funds: $ $
-----t—
Investments: $ $
Checking: $ $ Jr, ov
Savings: $ 0 $ ler
Other: $ ,' $ fef
Automobile#1:Model: C.M C ..cc.1wr∎ Year: /gel'3
Amount owed: }- Value: 3000- CO
Automobile#2: Model: aI e V y 13tet--cy Year: 1 fl f'7
Amount owed: -Pr Value: 600
Other transportation(automobiles,boats,motorcycles): Model: AP-SIN
Year: Rea Amount owed: A ' Value /6-CO. Co
Monthly Income
Name of Employers:
1. Na mt De po I Monthly Gross /a G6. i y Monthly Net gm •q-g.
2. t oesfn In►s/t r Cesi e *ayMonthly Gross 1q 30.q3 Monthly Net /3 39.oa
3. Monthly Gross Monthly Net
Additional Income Description(not wad k .
1. /C.)(. cL) monthly amount:
2. monthly amount: w�(�
Borrower Pay Days: c�LIL 4 Co-Borrower Pay Days: £x.—-7 �-
Monthly Expenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage g(,3,bo Food 1100, oc
2nd Mortgage -- Utilities 1167. 13
Car Payment(s) Condo/Neigh.Fees
Auto Insurance g e G Med. (not covered) 3%°°
Auto fuel/repairs „ i „°° Other prop.payment --
Install.Loan Payment c26-. '6 Cable TV —
Child Support/Alim. Spending Money —
Day/Child Care/Tuit. Other Expenses /p767 0 0
Amount Available for Monthly Mortgage Payments Based on Income&Expenses: 3170 - /OW, 63
Have you been working with a Housing Counseling Agency?
Yes[!I No❑
If yes,please provide the following information:
Counseling Agency: e & S Counselor:
final c,e;e_ ea.` h
Phone(Office): NT-571-1/4222'1 Fax: ii`7--5 l/D -L1 i 76
e44- t740
Email: adt,e k eali aid0. e CCs .0 c
�1 J
r 4 , Have you made application for Homeowners Emergency Mortgage Assistance Program(HEMAP)
a;7 assistance?
Yes /'_?, No N �T(31c7-k- cf e`y t- E 1`'t A-P i ss ax-r�.�e 6
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: 14 w A ��`M 6 r re.r/lS e r� (' '
Please provide the following information, if known,regarding your lender and lender's loan servicing
company:
Lender's Contact(Name): in:the/Ae thIarla..k Phone: '&to- 1 gS 72 e d/.21
,,n II , �
Servicing Company(Name): FG-nn;e nat. no e W e-�p Ce-4-e r at �j0
Contact: Phone: `1
AUTHORIZATION
I/We, ,authorize the above named
to use/refer this information to my lender/servicer for the sole purpose of evaluating my
fmancial situation for possible mortgage options. I/We understand that Uwe 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)
,r
BANK OF AMERICA,N.A., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. : CIVIL ACTION
NO. 13-6213 CIVIL
DONALD R. NACE, JR. and
PENNY L.NACE, :
Defendants
CASE MANAGEMENT ORDER
AND NOW,this , day of November, 2013,the parties having agreed to 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 at �'0� m. 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,
Kevi . Hess, P.J.
tAllison Zuckerman, Esquire
1617 JFK Blvd., Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103 r .>
For the Plaintiff ='
Robert L. O'Brien, Esquire
19 West South Street Ln
Carlisle, PA 17013 ,,, - ';
For the Defendants
Arn 'fed IlIdS"113
BANK OF AMERICA,N.A., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. : CIVIL ACTION—LAW
: NO. 13-6213 CIVIL
DONALD R. NACE, JR. and
PENNY L. NACE, .
Defendants .
ORDER
AND NOW, this /3 ' day of January, 2014, it appearing that a loan modification
agreement is imminent in this case and that the defendants have made their first payment, the
conciliation conference herein is continued generally with the understanding that another
conference may be requested by either party.
BY THE COURT,
. 4 72,
Kevin A . ess, P. J.
✓ D. Tro
y Sellars, Esquire
For the Plaintiff
Xobert L. O'Brien, Esquire
For the Defendants
:rim
eett es, fitils:c(...
03pif ,--it„ ,
It-- _
;.T::L.
t".
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
•
zu Li tifqY -8 All IQ: 1
PENNS YLVA COUNTY
Attorney For Plaintiff
BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER
TO BAC HOME LOANS SERVICING, LP F/K/A
COUNTRYWIDE HOME LOANS SERVICING, LP
Plaintiff
v.
DONALD R. NACE, JR
PENNY L. NACE
Defendant(s)
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 13 -6213 -CIVIL
PRAECIPE
TO THE PROTHONOTARY:
® Please withdraw the complaint and mark the action Discontinued and Ended without prejudice.
❑ Please mark the above referenced case Settled, Discontinued and Ended.
❑ Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice.
❑ Please mark the in rem judgment Satisfied and the action Discontinued and Ended.
❑ Please Vacat
the Judgment entered.
Date: O
PH # 799601
e '•ye, Esq., d. No.200479
Attorney for Plaintiff
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
Attorney For Plaintiff
BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER
TO BAC HOME LOANS SERVICING, LP F/K/A
COUNTRYWIDE HOME LOANS SERVICING, LP
Plaintiff
v.
DONALD R. NACE, JR
PENNY L. NACE
Defendant(s)
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 13 -6213 -CIVIL
CERTIFICATION OF SERVICE
I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular
mail to the person(s) on the date listed below:
DONALD R. NACE, JR
PENNY L. NACE
111 EAST PINE STREET
MOUNT HOL Y//SPRINGS, PA 17065-1425
Date: 1/ 1(
J
PHE
By:
Joseph
Desse, Esq., d. No.200479
orney for Plaintiff