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Home My WebLink About13-7704 Supreme Court-of Pennsylvania Couart'f Comii>+nn Pleas �iVI CrOV�t' S�Ieet Fnr Protleonotary Use Onty, CtBRLANI� ` f COU>n>]y Doi,ket the information collected on tlri.c form is used solely for court administration pur7)oses. This farm does not sui)plentent or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: ® Complaint ❑Writ of Swnmons ❑Petition !a . ,<:•:::. ❑ Transfer from Another Jurisdiction ❑ Declaration of faking E Ltrad Plaintiffs Name: Notionstar Mortgage LLC d /b /a Champion Lead Defendant's Name: Leonard I'i. Page, Jr. Mortgage Company Are money damages requested ?: ❑Yes ®No Dollar Amount Requested: within arbitration limits Check one (Check x outside arbitration limits Is this a Class Action Suit? ❑ Yes ® No Is this an MDJ Appeal? []Yes ® No Name of PIaintiff /Appellant's Attorney: Scott A. Dietterick, Esq. c/o Zucker, Goldberg & Ackerman, LLC S ❑ Check here if you have no attorney (are a Self- Represented IPro Se] Litigant) Nature of. the Case Place an;" X " o the left of the ONE cagecategory that ynost accurately desc> ibes your PtIlMAItI' C�fSF if ydu are making more than one type of clatrrt, check the one that ' , .. you:consader:most unpgrtant ' .. TORT (do not include Mass Tort) CONTRACT (do not ineludeJudgrnents) CIVIL APPEALS E] tntcntional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Motor Vehicle El Board of Assessment ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Premises Liability ❑Dept. of Transportation ❑ Product Liability (dues not include —�° ❑ Statutory Appeal: Other mass tort) ❑ Employment Dispute: E] Slander /Libel /Defamation Discrimination ❑ Other: ❑Employment Dispute: Ocher C.,: — _ ❑ Zoning Board ❑Other: x MASS TORT Other ❑ Asbestos :: ❑ Tobacco ❑ Toxic Tort- DES ❑ Toxic Tort- Implant Toxic waste REAL PROPERTY MISCELLANEOUS ❑ ❑ Other: ❑ Ejectment El Common Law /Statutory Arbitration ❑ Eminent Domain /Condemnation ❑ Declaeatory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord /Tenant Dispute E ❑Non- Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ legal ❑ Quiet'ritle ❑ Other: Medical E] ❑Other: _ ❑ Other Professional: Updated 1 /1//2011 _ _ I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONSTAR MORTGAGE LLC D /B /A CHAMPION CIVIL DIVISION MORTGAGE COMPANY, '7 7V 1 , 1 1 1 e" Ul L Plaintiff, vs. TYPE OF PLEADING Leonard H. Page, Jr.; CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Defendants. FILED ON BEHALF OF: T0: DEFENDANTS LLC d/b a Champion YOU ARE HEREBY NOTIFIED TO PLEAD TO THE Nationstar Mortgage ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS Mortgage Company FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. COUNSEL OF RECORD FOR THIS PARTY: I HEREBY CERTIFY THAT THE ADDRESS of THE PLAINTIFF IS: ZUCKER, GOLDBERG & ACKERMAN, LLC 350 Highland Drive Lewisville, TX 75067 Scott A. Dietterick, Esquire AND THE DEFENDANT: Pa. I.D. #55650 30 Laurel Drive Kimberly A. Bonner, Esquire Mechanicsburg, PA 17055 Pa. I.D. #89705 Joel A. Ackerman, Esquire Pa I.D. #202729 CERTIFICATE OF LOCATION Ashleigh Levy Marin, Esquire I HEREBY CERTIFY THAT TH E LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS Pa I. D. #306799. n 30 Laurel Drive, Mechanicsburg PA 17055 Ralph M. Salvia, Esquire Municipality: Up er Ilen LZ - �� Pa I.D. #202946 � �- Jaime R. Ackerman, Esquire''; ATTO F Pa I.D. #311032 « € Jana Fridfinnsdottir, Esquire r- ATTY LE NO XFP 184794 Pa I.D. #315944 {w 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 r (908) 233 -8500 (908) 233 -1390 FAX office@zuckergoldberg.com File No.: XFP- 184794/du O o 3 . ?set IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT, EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Nationstar Mortgage LLC d /b /a Champion CIVIL. DIVISION Mortgage Company Plaintiff, NO.: VS. Leonard H. Page, Jr.; Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim 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 SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND LAWYER REFERRAL Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990 -9108 Phone (800) 990 -9108 (717) 249 -3166 (717) 249 -3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Nationstar Mortgage LLC d /b /a Champion CIVIL DIVISION Mortgage Company Plaintiff, NO.: VS. Leonard H. Page, Jr.; Defendants. AVISO LISTED HA SIDO DEMANDADO /A EN CORTE. Si usted desea defenderse de la demanda establecida en las siguientes paginas, debe tomar accion dentro de los pr6ximos veinte (20) dias despu6s de la notificaci6n de esta Demanda y Aviso respondiendo personalmente o por medio de un abogado una comparecencia esc rita y radicando en la Corte por escrito sus defensas y objeciones a las demandas establecidas en su contra. Se le advierte de que si usted falla en tomar accion Como se describe anteriormente, el caso puede proceder sin usted sin previo aviso y un fallo por cualquier suma de dinero reclamada en la demanda 0 cua Iquier otra reclamaci6n o remedio solicitado por el demandante, puede ser dictado en contra suva por la Corte. Listed puede perder dinero o propiedades u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. St USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGAR UNO, LLAME 0 VAVA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND LAWYER REFERRAL Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990 -9108 Phone (800) 990 -9108 (717) 249 -3166 (717) 249 -3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Nationstar Mortgage LLC d /b /a Champion CIVIL DIVISION Mortgage Company Plaintiff, NO.: VS. Leonard H. Page, Jr.; Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Nationstar Mortgage LLC d /b /a Champion Mortgage Company, by its attorneys, Zucker, Goldberg & Ackerman, LLC, and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Nationstar Mortgage LLC d /b /a Champion Mortgage Company, (hereinafter "plaintiff') having its principal place of business at 350 Highland Drive, Lewisville, TX 75067. 2. The Defendant, Leonard H. Page, Jr., is an individual whose last known address is 30 Laurel Drive, Mechanicsburg, PA 17055. 3. Nationstar Mortgage LLC d /b /a Champion Mortgage Company, directly or through an agent, has possession of the Promissory Note. Nationstar Mortgage LLC d /b /a Champion Mortgage Company is either the original payee of the Promissory Note or the Promissory Note has been duly indorsed. A true and correct copy of said Promissory Note is marked Exhibit A, attached hereto and made a part hereof. 4. On or about August 31, 2007, Leonard H. Page, Jr. and Jean C. Page, his wife made, executed and delivered to Bank of America, N.A. a Mortgage in the original principal amount of $269,700.00 on the premises described in the legal description marked Exhibit B, attached hereto and made a part hereof. Said mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on September 10, 2007, Instrument #200735100. The mortgage 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 obligation to attach documents to pleadings if those documents are of public record. Zucker, Goldberg & Ackerman, LLC 5. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded December 27, 2012, the mortgage was assigned to Champion Mortgage Company which assignment is recorded in the Office of the Recorder of Deeds for Cumberland County, Instrument #201236493. The Assignment is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(8), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 6. Defendants Leonard H. Page, Jr. and Jean C. Page, his wife, are the record owners of the aforesaid mortgaged premises. Upon the death of Jean Carol Page, all her right, title and interest in the aforesaid mortgaged premises vested to her husband, Leonard H. Page, Jr., by operation of law. 7. Due to, inter alia, Mortgagor no longer occupies the property as his primary residence, Defendant is now in default under the terms of the aforesaid Mortgage. 8. As of 11/05/2013 the amount due and owing Plaintiff by Defendants) is as follows: Principal $135,328.99 Interest through 11/30/2013 $1,968.81 Property Inspections $60.00 Total $137,357.80 plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania Law, actually and reasonably incurred by Plaintiff, including but not limited to, costs (including escrow advances) and Plaintiff's attorneys' fees and expenses. Plaintiff reserves the right to file a motion in the above - captioned action to add such additional sums authorized under the Mortgage and Pennsylvania Law to the above amount due and owing when incurred. 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). 10. This action does not come under Act 91 of 1983 because the mortgage is FHA insured. Zucker, Goldberg & Ackerman, LLC 11. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability in a bankruptcy proceeding, this action is in no way an attempt to re- establish such liability. WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $137,357.80 with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. ZUCKER, GOLDBERG �K , L i BY: Dated: Scott A. Diet rick, Esquire; PA I.D. #55650 Klmberly A. onner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire, PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032—` Jana Fridfinnsdottir, Esquire; PA I.D. #315944 Attorneys for Plaintiff XFP- 184794/du 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233 -8500; (908) 233 -1390 FAX Email: Office @zuckergoldberg.com THlS;ISANATTEMP.TTO OLLEC7;A' DEB .T,AND,ANYINFORMA TIONOBTAINED WILL BE USED FOR. THAT PURPOSE. Zucker, Goldberg & Ackerman, LLC EXHIBIT A Zucker, Goldberg & Ackerman, LLC - - - 0 ADJUSTABLE -RATE NOTE This; to cariify that this is s tree HOME EQUITY CONVERSION arrdcory etcocy of t3aC OCiaiA F.l State of Pennsylvania FHA Case No. 441.8019967 -952 Loan No. 4463972 NOTICE TO BORROWER: THIS DOCUMENT CONTAINS PROVISIONS FOR A VARIABLE INTEREST MATE. THIS NOTE LIMITS THE MAXIMUM RATE 1 MUST PAY. Date: August 31/2007 Property Address: 30 Laurel Drive Mechanicsburg, PA 17055 1. DEFINITIONS "Sofower" means each person signing at the end of this Note. "Lender' means: BANK OF AMERICA, N.A., A NATIONAL BANKING ASSOCIATION and its successors and assigns. "Secretary" means the Secretary of Housing and Urban Development or his or her authorized representatives. 2. BORROWER'S PROMISE TO PAY; INTEREST I In return for amounts to be advanced by,Lender to or for the bene5t of Borrower, including future advances up to a maximum principal amount of $269,700.00, under the terms of a Home Equity Conversion Loan Agreement dated August 31, 2007 ("Loan Agreement "), Borrower promises to pay to the order of Lender a principal amount equal to the sum of all Loan Advances made under the Loan Agreement with interest, All amounts advanced by Lender, plus interest, if not paid earlier, are due and payable on July 14,,2081. interest will be charged on unpaid principal at the rate of Five and 161100's percent (5.16%) per year until the full amount of principal has been paid. The Interest rate may change in accordance with Paragraph 5 of this Note, Accrued interest shall be added to the principal balance as a Loan Advance at the end of each month, 3. PROMISE TO PAY SECURED Borrowers 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.calied the "Security Instrument." That Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note, 4, MANNER OF PAYMENT (A) Time Borrower shall pay all outstanding principal and accrued Interest to Lender upon receipt of a notice by Lender requiring immediate payment -tn -full, as provided in Paragraph 7 of this Note. (B) Place Payment shall be made at: 190 Queen Anne Ave. N. Suite 400, Seattle, WA 98109 or any such other place as Lender may designate in-writing by notice to Borrower. (C) Limitation of Liability Borrower shall hava no personel liability for payment of the debt. Lender shall enforce the debt only through sate of the Property covered by :the Security Instrument ("Property "). if this Note is assigned to the Secretary, the Borrower shall not be liable for any difference between the mortgage insurance benefits paid to Lender and the outstanding indebtedness, including accrued interest, owed by Borrower at the time of the assignment, 5. INTEREST RATE CHANGES (A) Change Date The interest rate may change on the first day of November 2007, and on a that day of each succeeding year (X) the first day of each succeeding month. "Change Date" means each date on which the interest rate could change. (B) The Index Beginning with the first Change Date, the interest rate will be based on an Index. "Index" means the weekly average yield on United State's Treasury Securities adjusted to a constant maturity of one year, as made available by the Federal Reserve Board. "Current Index" means the most recent Index figure available 30 days before the Chaiage late. If the Index (as defined above) is no longer available, Lender will use as a new index any index prescribed by the Secretary: Lender will give Borrower notice of the new Index, (C) Calculation of Interest Rate Changes Before each Change Date, ;Lender will calculate a new interest rate by adding a margin of One and 0 /10's percentage points (1 %) to the current Index. Subject to the limits stated in Paragraph 5(D) of this Note, this amount will be the new interest rate until the next Change Date. (D) Limits on Interest Rate Changes Q The interest rate will never increase or decrease by more than two percentage points (2.0 %) on any single Change Date. The interest rate will never be more than five percentage points (5.0 %) higher or lower than the initial Interest rate stated in Paragraph 2 of this Note. (X) The interest rate will never Increase above Fifteen and 16/100's percent (15.16 %). Nort0a0e Cadc= I- p .0339 (OV06) (1) (E) Notice of Changes Lender will give notice to Borrower of any change in the interest rate. The notice must be given at least 25 days before the new interest rate takes effect, and must set forth (i) the date of the notice, (ii) the Change Date, (iii) the old interest rate, (iy the new interest rate, (y the Current Index, (vi) the method of cafcurating the adjusted interest rate, and (vi) any other Information which may be required by taw from time to time. (F) Effective Date of Changes A new interest rate calculated in accordance with paragraphs 5(C) and 5(0) of this Note will become effective on the Change Date, unless the Change Date occurs less than 25 days after Lender has given the required notice. if the interest rate calculated in accordance with Paragraphs 5(C) and 5(D) of this Note decreased, but Lender failed to give timely notice of the decrease and applied a higher rate than the rate which should have been stated in a timely notice, then Lender shall recalculate the principal balance owed under this Note so it does not reflect any excessive interest. 6. BORROWER'S RIGHT TO PREPAY A Borrower receiving monthly payments under the Loan Agreement 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, Otherwise, a Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty after gMng Lender two weeks notice. Any amount of debt prepaid will first be applied to reduce the principal balance of the Second Note described in Paragraph 11 of this Note and then to reduce the principal balance of this Note. Ail prepayments of the principal balance shall be applied by Lender as follows; Fist, to that portion of the principal balance representing aggregate payments for mortgage insurance premiums; Second, to that portion of the principal balance representing aggregate payments for servicing fees; Third, to that portion of the principal balance representing accrued interest due under the Note; and Fourth, to the remaining portion of the principal balance. A Borrower may specify whether a prepayment is to be credited to that portion of the principal balance representing, monthly payments or the line of credit. If Borrower does not designate which portion of the principal balance is to be prepaid, Lender shall apply any partial prepayments to an existing line of credit or create a new line of credit, 7. IMMEDIATE PAYMENT4N�FULL (A) Death or Sale Lender may require immediate payment -in -full of all outstanding principal and accrued interest if. (i) A Borrower dies and the Property I5 not the principal residence of at least one Surviving Borrower, or (ii) A Borrower conveys all of his or her title to the Property and no other Borrower retains title to the Property in fee simple or on a leasehold interest as set forth in 24 CF (B) Other Grounds Lender may require immediate payment -in -full of all outstanding principal and accrued interest, upon approval by an authorized representative.of the Secretary, if. (i) The Property ceases to be the principal residence of a Borrower for reasons other than death and the Property is not the principal residence of at least one other Borrower, (ii) For a period of longer than 12 consecutive months, a Borrower fails to physically occupy the Property' because of physical or men' at illness and the Property is not the principal residence of at least one other Borrower; or (iii) An obligation of the Borrower under the Security Instrument is not performed. (C) Payment of Costs and Expenses If Lender has required immediate payment -in -full as described . above, the debt enforced through sale of the Property may include costs and expenses, including reasonable and customary attorney's fees, associated with enforcement of 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. (D) Trusts Conveyance of a Borrower's interest in the Property to a trust which meets the requirements of the Secretary, or conveyance of a trust's interests in the Property to a Borrower, shall not be considered a conveyance for Purposes of this Paragraph. A trust shall not be considered an occupant or be considered as having a principal residence for purposes of this Paragraph. S. WAIVERS Borrower waives 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 MM0609 Cadenco hr - -. @ - 0308 (02106) (p) ' C J persons that amounts due have not been paid. 9. 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 Sonower at the property address above or at a different address if Borrower has given L.endera notice of Borrowers different address. Any notice that must be given ;to Lender under this Note vdll be given by first class mail to Lender at the address stated in Paragraph 4(B) or at an different address if Borrower is given a notice of that different address. 10. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully obligated to keep all of the promises made In this Note. Lender may enforce its lights under this Note only through sale Of the Property. 11. RELATIONSHIP TO SECOND NOTE (A) Second Note Because Borrower will be required to repay amounts which the Secretary may make to or on behalf of BOITa.ver pursuant to Section 255(i)(1)(A) of the National Housing Act and the Loan Agreement, the Secretary has required Borrower to grant a Second Note to the Secretary. (B) Relationship of Secretary Payments to this Note Payments made by the Secretary shall not be included in the debt due under this Note unless: (i) This Note is assigned to the Secretary; or (II) The Secretary accepts reimbursements by the Lender for all payments made by the Secretary. If the circumstances described in (i) or (i) occur, then all payments by the Secretary, including interest on the Payments, shall be included in the debt, {C) Effect on Borrower Where there is no assignment or reimbursement as described in (B)(i) or (ii), and the Secretary makes payments to Borrower, then Borrower shall not: (i) Be required to pay amounts owed under this .Note until the Secretary has required Payment-in-full of all outstanding principal. and accrued Interest under the Second Note held by the Secretary, notwithstanding anything to the contrary in Paragraph 7 ofthis Note; or Be obligated to pay interest or shared appreciation under this Note at any time, whether accrued before or after the payments by the Secretary, and whether or not accrued interest has been included in the principal balance of this Note, notwithstanding anything to the contrary in Paragraphs 2 or 5 of this Note or any Allonge to this Note. 12. SHARED APPRECIATION (if Applicable) If Borrower has executed a Shared Appreciation Allonge, the covenants of the Allonge shall be incorporated into and supplement the covenants of this Note as if the Allonge were a part of this Note. BY SIGNING BLOW, Borrower accepts and agrees to the terms and covenants contained in this Note. Leonard H, Page, Jr. !" Jvean MOngn00 Ndcnm Inc. 0 - o330 (07J06) (3) PAYTO THE ORDER OF I ou u SE"' SANKO AMERICA CHAR ONES VICE-PRES DENT EXHIBIT B Zucker, Goldberg & Ackerman, LLC Exhibit A ALI.., THAT CERTAIN LO'C OF GROUND SITUATE IN THE TOWNSHIP OF UPPER ALLEN, COUNTY OE- CUMBERLAND AND STATE OF PL'NNSYLVANIA, BOUNDED AND D1:SCRIBI D AS FOLLOWS, TO WIT: BEGINNING AT A POINT IN 1'HE NORTHERN LINE OF LAUREL DRIVE, (50 FEE'r WIDE) WHICH SAID POINT IS IN THE DIVISION LINE BETWEEN LOTS NOS. 113 AND 1.14 ON TIME: HEREINAFTER MENTIONF D PLAN OF LOT'S; THI NCE ALONG THE NORT.FIERN LIN13 OF LAUREL. DRivE,, SOU'ri -I 59 DEGREES 34 MINUTES EAST, .FIFTY -SEVEN AND'I'H1RTY= 'TI-I.REI ONF- HUNDREDTHS (57.33) FEET TO A POINT; THENCE; CONTINUING ALONG THE; NORTHERN LINE OF LAUREL DRIVE IN A SOUTHEASTERLY DIRECTION BY TI-IE.ARC OF A CIRCLE CURVING; TO THE LEFT, SAID CIRCLE HAVING A RADIUS OF ONE HL)NDRED TWENTY -FIVE (125) FEET, A DISTANCE: OF FIFTY -THREE AND NINETY ONE- HUNDREDTHS (53.90) FEET'T O A POINT IN THE DIVISION LINE BETWEEN LO'T'S NOS. 114 AND 1 I5 ON SAID PLAN; THENCE ALONG THE DIVISION LINE BETWEEN LOTS NOS, 114 AND 115, NOItTE1 05 DEGREES 43 MINUTES 35 SECONDS EAST, ONE HUNDRED FIFTY - "I'WO AND FIFTY-ONE. ONE; - HUNDRED'T'HS (152.5 1) TO A POINT IN THE LINE OF LAND NOW OR FORMERLY OF RUSELL S. EBERLY AND h11,[,EN G. EBERLY, HIS WIFE; THENCE ALONG THE LINE OF SAID LAND NOW OR FORMERLY OF RUSSELL S. EBERLY AND I-1I LEN G.EBERLY, HIS WIFE, SOUTH 88 DEGREES 57 MINUTES 34 SECONDS WEST, 1'IFTY- TfIREE AND E SVENTY- THRI,1, ONE HUNDRLDT'I-I:S (53.73) FEET TO A POINT IN THE DIVISION LINE, BL'I'W1 EN LOTS NOS. 113 AND 114 ON SAID PLAN, AFORZESAID; 'I HE?NCE ALONG THE DIVISION .LINE BETWEEN LOTS NOS, 113 ANIJ 114, SOUTH 32 DEGR.I ES, 20 MINUTES WE;S'I', ONE HUNDRED TWC;NTY- ONEfiAND NINETY - 'THREE ONE- FIUNDREsDTFIS (121.93) 1 TTO A POIN'l' IN T'I:11 4NORTIJERN LINE OF LAUREL DRIVE, AFORESAID, 'F HE POINT AND PLACE OF BEGINNING. i BEING LOT NO. 114, SECTION 2,1N PLAN OF LOTS KNOWN AS SPRING RUN ACRES, WHICH SAID PLAN IS RECORDED IN 'rHE CUMBERLAND COUNTY RECORDER'S OFFICE IN PLAN BOOK 18, AT PAGE 56. HAVING THEREON ERECTED A SINGLE DWELLING HOUSE:. KNOWN AS NO. 30 LAUREL DRIVE. PARCEL NUMBER: 28- 2421- 0095 - 0000000 -42 BEING THE SAME PRTEMISES WHICH .HAROL.D M. AIKI Y AND MARGARET A.. AIKEY, HIS WIVE, BY INDENTURE: DATED 06-28 -67 AND RECORDED 06 -30 -67 IN THE OFFICE OF `I'I-I.E RECORDER OF DEEDS IN AND FOR THE. HE. COUNTY OF CUMBEIRLAND IN DEED KOOK K22 PAGE 227, GRANTED AND CONVEYED UN'T'O LEONARD I-I. PAGE, .1R., AND JEAN C. PAGE, HIS WII'Ii. i i! Q VERIFICATION I Valora Ledford Assistan Secretary (title), depose and say subject to the penalties of 18 Pa.C.S.A., sec. 4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. By: Nationstar Mortgage LLC d /b /a Champion Mortgage Company '_� Name: d Title: Assistant sacret File No: 184794 Borrower Name: Leonard H. Page, Jr. ' ~ ` U00 THE COURT OFCOMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NatkonstarModgaBe LLCd/b/�Charn Champion � CIVIL ' ' —� Mortgage Company ' NC}' Plaintiff, ' '' r7 vs Leonard H. Page, ]r.; Defendants . � -` 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. UY you do not have alawyer, you must take the following steps to bm eligible for aconciliation conference. First within twenty (20) days of your receipt of this notice, you must contact K4idPenn Legal Services at /717\ 243'9400 extension 3510 or (800) 832'5288 extension 2510 and request appointment of 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 byalawyer, you and your lawyer must take the following steps to be � eligible for a conciliation conference. It is not necessary for you to contact K4idPenn Legal Service for the appointment of 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 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 fonward. Zucker, Goldberg & Acherman,LLC XFP'1O4794 IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. TIDS PROGRAM IS FREE. ZUCKER, GOLDBERG & - AN, LLC By: Dated: December , 2013 Scott A. Die Brick, Esquire; PA I.D. #55650 Kimberly A. onner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032/ Jana Fridfinnsdottir, Esquire; PA I.D. #315944 Brian Nicholas, Esquire; PA I.D. #317240 Denise Carlon, Esquire; PA I.D. #317226 Attorneys for Plaintiff XFP- 184794/ns 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233 -8500; (908) 233 -1390 FAX Email: Office @zuckergoIdberg.com Zucker, Goldberg & Ackerman, LLC XFP- 184794 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date: Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete• your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUSTOMER/PRI 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? CO-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? 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: Zucker, Goldberg & Ackerman, LLC XFP- 184794 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: 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 /Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes F No❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Zucker, Goldberg & Ackerman, LLC XFP- 184794 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 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 document along with the following information to lender and lender's counsel: V Proof of Income V Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of current utility bill V Letter explaining reason for delinquency and any supporting documentation (hardship letter) V Listing agreement (if property is currently on the market) Zucker, Goldberg & Ackerman, LLC XFP- 184794 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Nationstar Mortgage LLC d /b /a Champion CIVIL DIVISION Mortgage Company Plaintiff, NO.: VS. Leonard H. Page, Jr.; Defendants. 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; 1. Defendant lives in the subject real property, which is defendant's primary residence; 2. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program" and has taken all of the steps required in that Notice to be eligible to participate in a court- supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Signature of Defendant's Counsel /Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date Zucker, Goldberg & Ackerman, LLC XFP- 184794 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Nationstar Mortgage LLC d /b /a Champion CIVIL DIVISION Mortgage Company Plaintiff, NO.: VS. Leonard H. Page, Jr.; Defendants. CASE MANAGEMENT ORDER AND NOW, this day of ,20 ,the defendant /borrower in the above - captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant /borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court - supervised conciliation Conference on at M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 1. 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. 2. 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 Zucker, Goldberg & Ackerman, LLC XFP- 184794 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. 3. 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. 4. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, J. Zucker, Goldberg & Ackerman, LLC XFP- 184794 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson 1 : , Sheriff NNW 01 m a6 Jody S Smith "?ti -8 %, Chief Deputy Apr., Richard W Stewart Solicitor ''� ' Nationstar Mortgage LLC d/b/a Champion Mortgage Company Case Number vs. Leonard H Page, Jr. 2013-7704 SHERIFF'S RETURN OF SERVICE 01/03/2014 04:50 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Leonard H Page, Jr., but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 30 Laurel Drive, Upper Allen, Mechanicsburg, PA 17055. Residence is vacant. 01/03/2014 07:10 PM- Deputy Shawn Harrison, being duly sworn according to law, served the eq -sted Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in ortgage ore• osure by "personally"handing a true copy to a person representing themselves o , e efen cant, to wit: Leonard H Page, Jr. at 20 North 12th Street,Apt. 312, Lemoyne Boro g r • ne, "A 17043. S HA'"-"r N, DEPUTY SHERIFF COST: $57.38 SO ANSWERS, January 06, 2014 RONNY R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Nationstar Mortgage LLC d/b/a Champion CIVIL DIVISION Mortgage Company Plaintiff, vs. Leonard H. Page, Jr.; Defendants. NO.: 2013-07704 PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the case filed at the above -captioned term and number SETTLED, DISCONTINUED and ENDED, without prejudice. Respectfully Submitted: ZUCKER, GOLDBERG & ACKERMAN, LLC BY: ScotfA. Dietterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 Jana Fridfinnsdottir, Esquire; PA I.D. #315944 Brian Nicholas, Esquire; PA I.D. #317240 Denise Carlon, Esquire; PA I.D. #317226 Attorneys for Plaintiff XFP-184794/dcr 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX