The URL can be used to link to this page

Home My WebLink About14-0868 Supreme Court of Pennsylvania Courp"t Comm' o'n Pleas 0 , r.:� For Prothonotary Use Only: C�VWC -ovef, Sheet MBE AND��' County Cu Docket No: �� 5 If i. The information collected on this form is used solelyfor court administration purposes. This form does not supplement or replace thefiling and service o ' leadin s or olher papers as required by low or rules of court. S Commencement of Action: ❑O Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiffs Name: BANK OF AMERICA, N.A. Lead Defendant's Name: KEITH A. HECKERT T I Are money damages requested? El Yes 0 No Dollar Amount Requested: ❑ within arbitration limits O (Check one) N outside arbitration limits N Is this a Class Action Suit? ❑ Yes x❑ No Is this an MDJ Appeal? ❑ Yes 0 No A Name of Plaintiff /Appellant's Attorney: Jonathan Lobb, Esq., Id. No.312174, Phelan Hallinan. LLP ❑ Check here if you have no attorney (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 A4ass 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: 0 ❑ Asbestos N ❑ Tobacco • Toxic Tort - DES • Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS • Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration B ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment • Ground Rent ❑ Mandamus • Landlord /Tenant Dispute ❑ Non- Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto • Dental ❑ Partition ❑ Replevin • Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Pa.R.C.P. 205.5 Updated 01/01/2011 FORM 1 f 7 ! t N T'q s. ll FEB 18 All 10: CU11118ERL 30 PE3 dIdSYLVANIA�� T Y PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 Jonathan.Lobb @phelanhallinan.com 215 -563 -7000 BANK OF AMERICA, N.A. 7105 CORPORATE DRIVE COURT OF COMMON PLEAS PLANO, TX 75024 CIVIL DIVISION Plaintiff V. > TERM ,v KEITH A. HECKERT NO. 6821 NORTH SOUTHPOINT DRIVE, SUITE 125 JACKSONVILLE, FL 32216 -8012 CUMBERLAND COUNTY Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 940062 cl 6 I . Plaintiff is BANK OF AMERICA, N.A. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: KEITH A. HECKERT 6821 NORTH SOUTHPOINT DRIVE, SUITE 125 JACKSONVILLE, FL 32216 -8012 who is /are the mortgagor(s) and /or real owner(s) of the property hereinafter described. 3. On 08/11/2009 KEITH A. HECKERT made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR VILLAGE CAPITAL & INVESTMENT LLC, A LIMITED LIABILITY COMPANY, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 200934538. By Assignment of Mortgage recorded 04/01/2013 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment of Mortgage Instrument No. 201310152.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., directly or through an agent, has possession of the promissory note. The promissory note is either made payable to BANK OF AMERICA, N.A. or has been duly endorsed. 5. The premises subject to said mortgage is described as attached. File M 940062 - y 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2012 and each month thereafter are due and unpaid, and by the terms 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 01/03/2014: Principal Balance $144,937.59 Interest $17,392.56 02/01/2012 through 01 /31/2014 Late Charges $802.47 .Property Inspections $15.00 Escrow Advances $6,620.94 TOTAL $169,768.56 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has /have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and /or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with File #: 940062 s the Plaintiff or an authorized consumer credit counseling agency, or has /have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA - insured. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $169,768.56, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN, LLP By: Jon an Lobb, Esq., Id. No.312174 At rney for Plaintiff File #: 940062 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Shiremanstown, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the South side of Main Street on the line of Lot now or late of Susan Mater; thence along the said street eastwardly a distance of thirty -two (32) feet to a point at the line of Lot late of Estate of J.O. Senseman, deceased; thence along the line of said last mentioned property southwardly a distance of one hundred sixty -three (163) feet, more or less, to Courtland Alley; thence along said Alley westwardly a distance of thirty -two (32) feet to a point at the line of Lot last of Susan Mater aforesaid; thence along the line of said lot northwardly a distance of one hundred sixty -three (163) feet, more or less, to the point and place of BEGINNING. HAVING erected thereon a two and one -half story frame dwelling house known and designated as No. 256 East Main Street, Shiremanstown, Pennsylvania. Parcel # 37 -23- 0555 -201 PROPERTY ADDRESS: 256 EAST MAIN STREET, SHIREMANSTOWN, PA 17011- 6314 PARCEL #37 -23- 0555 -201 File #: 940062 VERIFICATION � Qorn AM &,G, L hereby states that h sh is /� 5 � ; ��, ��,,._ PC S RANK OF AMERICA, N.A., Plaintiff in this matter, that he she s authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of hi er nformation 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 Jp) e: n. Rose le Title: OsS; S��11 - BANK OF AMERICA, N.A. File #: 940062 Name: HECKERT File #: 940062 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 #: 940062 IN THE COURT OF COMMON PLEAS BANK OF AMERICA, N.A. OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) c VS. r KEITH A. HECKERT 01 �( Defendant(s) V"` u Civil ter , NOTICE OF RESIDENTIAL MORTGAGE FORECLOWI,R DIVERSION PROGRAM e You have been served with a foreclosure complaint that could cause you to lose your home. o 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 nathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 4 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: CUSTOMER/PRIMARY 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 INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #l: Model: Year: Amount owed: Value: Automobile 42 : Model: Year: Amount owed: Value: Other transportation (automobiles boats motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: I • Monthly Gross Monthly Net 2• Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 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" 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 = C=1 --- Ronny R Anderson a ...-- = Sheriff r.c., g clurib„,, rri CLP -„t'471 , r— ±7i 70 —0 rrt Jody S Smith '471, 4 oi-- .,_. . ,), ;3> Chief Deputy A -< c4 Richard W Stewart '4,-.4L-,,,,,, _ > c_:, 2c Solicitor oFncOF Ti SWZRIF (.0.. '''''' ' • Fri ---(. Bank of America NA vs. Keith A Heckert Case Number 2014-868 SHERIFF'S RETURN OF SERVICE 03/07/2014 11:25 AM - Deputy Shawn Gutshall, 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 Adriana Heckert, Wife, who accepted as "Adult Person in Charge" for Keith A Heckert at 256 East Main Street, Shiremanstown Borough, Shiremanstown, PA 17011. GUTSHALL, DEPUTY SHERIFF COST: $44.95 SO ANSWERS, March 10, 2014 RONNY R ANDERSON, SHERIFF (C) CountySohe Sheriff, Tehhosaft. Keith Heckert, pro se 256 Main St. Shiremanstown, PA (70 ) 76l- R6.5 BANK OF AMERICA, N.A. Plaintiff v. KEITH A. HECKERT, Defendants. FILED-OFFICE OF HE PROTHONOTARY 2014 APR 23 PM 3: 33 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION TERM NO. 14 -868 ANSWER Defendant, KEITH A. HECKERT (hereinafter "Defendant "), hereby Answers Plaintiff's Complaint as follows: Defendant denies generally the allegations in Plaintiff's Complaint. AS AND FOR DEFENDANT'S AFFIRMATIVE DEFENSES, HE SAYS: 1. Defendant entered into a loan agreement secured by real property located at 256 Main St., Shiremanstown, PA ( "the subject property "). 2. The loan agreement in question was secured by a Promissory Note and Mortgage. 3. Defendant was not provided with the required disclosures at closing under the Truth in Lending Act, 15 U.S.C. § 1601, et. seq. 4. Defendant was not provided with the required disclosures under the Real Estate Settlement Procedures Act, 12 U.S.C. § 2601, et. seq. 5. Defendant received incorrect information regarding their interest rate. 6. Defendant was asked to pay a higher monthly mortgage payment than was disclosed in the origination documents. 7. Defendant's income was not properly verified. 8. The GFE (Good Faith Estimate) that was required to be provided to Defendant at least three days before closing was provided to Defendant on the day of the closing. 9. Under ¶ 22 of Defendant's mortgage agreement Defendant was entitled to thirty (30) days notice of any intent to accelerate his loan. 10. Defendant was not provided with the required notice by Plaintiff prior to acceleration and default of his loan. 11. Defendant was not provided with the required notice of his right to cancel or otherwise rescind the mortgage transaction. 12. As part of Defendant's loan agreement they were required to pay certain outstanding debts thus shifting unsecured debts to secured in violation of 15 U.S.C. § 1601, et. seq. 13. The mortgage broker's fee was not included in the finance charge in accordance with the laws and regulations in effect at the time the transaction was consummated. 14. The disclosed finance charge varied from the actual finance charge by greater than thirty five dollars ($35). 15. A Qualified Written Request was sent to Plaintiff advising Plaintiff that the Defendant disputed the alleged debt, that the accounting was incorrect, and that they were requesting a full account history. 16. Plaintiff failed to respond to the Qualified Written Request. FIRST AFFIRMATIVE DEFENSE: SUBJECT MATTER JURISDICITON 17. Defendants hereby restate all prior and subsequent allegations as though fully incorporated herein. 18. Plaintiff has failed to establish that it is the Owner and Holder of the subject mortgage and promissory note. Plaintiff has therefore failed to demonstrate that it has standing to foreclose. 19. Lack of standing deprives the Court of subject matter jurisdiction to hear a cause. Plaintiff's Complaint should therefore be dismissed pursuant to Pennsylvania Civil Code, Rule 1032(a). SECOND AFFIRMATIVE DEFENSE: FAILURE TO STATE A CLAIM 20. Defendants hereby restate all prior and subsequent allegations as though fully incorporated herein. 21. Plaintiff's Complaint is not properly verified as is required by Pennsylvania Civil Code, Rule 1024 and must therefore be dismissed. THIRD AFFIRMATIVE DEFENSE: TRUTH IN LENDING ACT VIOLATIONS 22. Defendants hereby restate all prior and subsequent allegations as though fully incorporated herein. 23. Plaintiff failed to provide the required disclosures at closing. 24. Plaintiff failed to provide notice of the right to cancel or otherwise rescind the mortgage agreement at closing. Defendant is therefore entitled to rescind the transaction under 15 U.S.C. § 1635(i)(1)(B). 25. Plaintiff failed to include the mortgage broker's fee in accordance with applicable laws and regulations. Defendant is therefore entitled to rescission under 15 U.S.C. § 1635(i)(1)(A). 26. The deviation between the disclosed finance charges and the actual finance charges exceeded the proscriptions of 15 U.S.C. 1635(i)(2). Defendant is therefore entitled to rescission of the instant mortgage. 27. Defendants are entitled to damages in accordance with 15 U.S.C. § 1640. 28. Defendants are entitled to recoupment in accordance with 15 U.S.C. § 1635(i)(3). FOURTH AFFIRMATIVE DEFENSE: REAL ESTATE SETTLEMENT PROCEDURES ACT 29. Defendants hereby restate all prior and subsequent allegations as though fully incorporated herein. 30. Plaintiff failed to provide Defendants with the required disclosures at closing. 31. Plaintiff failed to provide Defendants with the Good Faith Estimate at least three days prior to closing. 32. Plaintiff failed to provide Defendants with the required annual escrow statements in violation of 12 U.S.C. § 2605(g). 33. Plaintiff failed to respond to the Qualified Written Request in violation of 12 U.S.C. § 2605(e)(B)(i). 34. Defendants are entitled to statutory and actual damages. WHEREFORE Defendants prays that this Honorable Court will fmd in favor of Defendants and against Plaintiff and award damages as follows: 1. For rescission of the subject mortgage transaction. 2. For actual damages in an amount to be proven at trial. 3. For statutory damages under 15 U.S.C. § 1635 and §1640. 4. For statutory damages under 12. U.S.C. § 2605. 5. For costs of litigation. 6. For damages as set -off and/or recoupment. 7. For such other legal and equitable relief as this Court deems just and proper. JURY TRIAL DEMAND Defendants request trial by jury as to all issues so triable. CERTIFICATION I HEREBY CERTIFY that a true and accurate copy of the foregoing was furnished by fax and mail to Plaintiff at the address provided infra on thisd3 rd day of April, 2014. . VERIFICATION Keith A. Hec ert, pro se I, Keith Heckert, am a Defendant in the above action. I have read the foregoing and I know the contents thereof. The same is true of my own personal knowledge. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed at Shiremanstown, Pennsylvania. Keith Heckert, pro se (7i1 ) "70-'3694 PHELAN HALLINAN, LLP D. Troy Sellars, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 7365 BANK OF AMERICA, N.A. 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff v. KEITH A. HECKERT 6821 NORTH SOUTHPOINT DRIVE, SUITE 125 JACKSONVILLE, FL 33216-8012 Defendant i"'2- r`t' Frio rlioNu CailBERLAND PENNSYLVANIA EN YL VA NIAFd T y., Attorney for Plaintiff Court of Common Pleas Civil Division No. 14 -868 -CIVIL Cumberland County MOTION TO LIFT CONCILIATION STAY Plaintiff, Bank of America, N.A. (hereinafter "Plaintiff'), by its attorney, Joseph P. Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On February 18, 2014, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendants for their failure to make monthly payments of principal and interest upon their mortgage due March 1, 2012, and each month thereafter. A true and correct copy of the 940062 Complaint is attached hereto, made part hereof and marked as Exhibit "A". 2. On March 7, 2014, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice upon the Defendants. A true and correct copy of the Sheriff's Return of Service is attached hereto, made part hereof and marked as Exhibit "B". 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the Foreclosure action is stayed for sixty (60) days from the date of service. 4. Within 60 days after service of the complaint, the Defendant may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request, the Court will schedule a Conciliation Conference. The program provides that Defendant, must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 5. If more than sixty (60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendant has failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 7. Since Defendant has opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. 940062 WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic stay be lifted. Date: 940062 BY: Respectfully submitted, PHELAN HALLINAN, LLP Schalk, Esquire ey for Plaintiff • 0 FILO THE POTHoNvla 2014 FE8 18 AMP 30 CUMBERLAND COUNTY PENNSYLVANIA PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb®phelanhallinan.00m 215-563.7000 BANK OF AMERICA, N.A, 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff v, 1 KEITH A. HECKERT 6821 NORTH SOUTHPOINT DRIVE, SUITE 125 JACKSONVILLE, FL 32216-8012 Defendant Wsilr ay artititketwfthis b bs a bl»>Nd correctegg des NOM 1Nod druord FILE Voi. h, MIN ATTORNEY FOR PLAINTIFF COURT OF -COMMON PLEAS CIVIL DIVISION TIrRM No,. j y. �j lvl CUMBERLAND COUNTY CIVIL ACTION - LAW COZYIPLAINT IN MORTGAGE FORECLOSURE BANK OF AMERICA, N.A. vs.. KEITH A. HECK,i~RT Plaintiff(s) Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil 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 Mowing steps.to be eligible for n conciliation Conference. First, within twenty (20) days of your receipt of this notice, you 'must contact Legal Services at.(717).20:9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment ore legal representative et. no.cherge toyou. Once you have,been appointed:legal representative, you must. promptly meet with that legal •representative twenty (20) rtays-oftlitrappOintinent data. During that meeting, you tnuskprovidetlie legal rcpresentative with all requested financial informotioti'ao that a loan resolution proposal.cart be prepared on your behalf: If you and your legal representeiive com0et8.0 financial., worksheet in the format'ittached hereto, the legal. representative Wilt prepare and to Request for Canoiliation Confereneewith the Court, which must he filed with the Court within sixty (60) days of the Service upon you af.the foreclosure complaint. If you..dcs so and a conciliation conference is scheduled, you will have an opportunity ton eet'with a representative ofyour lender in an attempt to work out reasonable arrangements with your lander before.(he 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 Inuit provide your lawyer with all requested financial information so that a loan resolution proposal tan be prePared on: your behalf, !flouting -your Iawyer complete a financial worksheet in the format attached •fierCto,.your lawyer will prepare and file a Request for Concllintlon.Cortference with the Court, which must bo 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 bpportunily toan.cci`With a representative of your lender in an attempt to work out reasonable arguments with your lenderbefore 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: tathun Lobb, Esq., Id. No.312174 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: Is the property for sale? Yes L No jJ Listing date: Price: $__.__,—,,.— Realtor Name: Reultor Phone:___ Borrower Occupied? Yes 0 No 0 Mailing Address (if dif 'erent)t City: State: Zip: Phone Numbers: Home: Office: Stade.: Zip: Email: # of people in household: Mailing Address: City: Phone Numbers: Email: # of people in household: Cell: ' Other: How long? State: Zip: Home: Cell: Office: Other: How long? First Mortgage Lender: Type of Loan: .. Loan Number: Date You Closed Your n: 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 Q No ❑ If yes, provide names, location of court, case number & attorney: Assets ?AmountQwedT: YALUC1 Home: Other Real Estate: Retirement Funds: Investments: Checking: Savings; Other: Automobile #1: Model: Amount owed: Value: Year: Automobile #2: Model: Year: Amount owed: Value; Other transportation a ilom.obiloh el Model: Value Year: Amount ow. Monthly Income Name of Employers; 1. Monthly Gross Monthly Net 2, IviOntlily Gross Monthly Net__ 3, Monthly Gross Monthly Net. Additional lnccme Description (riot wages): monthly amount: 2.. monthly amount: Borrower Pay Days; Co -Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) tXPFNSE AMOUNT EXPENSE AMOUNT Mortgage rood nit ? MOOLIa_ge Utilities Car 1? it CondoiNe1_11, Fees Auto insurance. 'Med. (not ctiveredl Other prop. payment. Cable TV Auto filet/repairs InStall, Loan Pawn :nt Child Supti.ort/Alim. SpendingMoney Other. Expenses. Day/Child Care/Tuit. Amount Available for Monthly Mortgage Payments Based on Income & Expenses; Have you been working with a Housing Counseling Agency? Yes In Nofl IT yes, please provide the following information: Counseling Agency; Phone (Office): Email: Fax: Counselor; Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes D No 0 If yes, please indicate the status of the app liealion: . Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes 0 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: 1/We, , authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co -Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1 Proof of income 2 Past 2 bank statements 3 Proof of any expected income for the last 45 days 4 Copy of a current utility bill 5 Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6 Listing agreement (if property is currently on the market) NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by'the plaintiff, You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE 'THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER, IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 Pilo It: 910062 1, Plaintiff is BANK OF AMERICA, N.A. 7105 CORPORATE DRIVE PLANO, TX 75024 2, The name(s) and last known address(es) of the Defendant(s) are; KEITH A. HECKERT 6821 NORTH SOUTHPOINT DRIVE, SUITE 125 JACKSONVILLE, FL 32216-8012 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3, On 08/11/2009 KEITH A. HECKERT made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR VILLAGE CAPITAL & INVESTMENT LLC, A LIMITED LIABILITY COMPANY, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage InstrumentM, 200934538. .By Assignment of Mortgage recorded 04/01/2013 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment of Mortgage Instrument No. 201310152.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, NA., directly or through an agent, has possession of the promissory note. The promissory note is either made payable to BANK OF AMERICA, N,A. or has been duly endorsed. 5. The premises subject to said mortgage is described as attached. File II; 946()62 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2012 and each month thereafter are due and unpaid, and by the terms 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 01/03/2014: Principal Balance $144,937.59 Interest $17,392.56 02/01/2012 through 01/31/2014 Late Charges $802.47 Property Inspections $15.00 Escrow Advances $6,620.94 TOTAL $169,768.56 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists, If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 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 Pile #: 940062 the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA -insured. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $169,768.56, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALL1NAN, ILP By:, Jon Lobb, Esq., Id. No.312174 At racy for Plaintiff File 4; 940062 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Shiremanstown, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the South side of Main Street on the line of Lot now or late of Susan Mater; thence along the said street eastwardly a distance of thirty-two (32) feet to a point at the line of Lot late of Estate of J.O. Senseman, deceased; thence along the line of said last mentioned property southwardly a distance of one hundred sixty-three (163) feet, more or less, to Courtland Alley; thence along said Alley westwardly a distance of thirty-two (32) feet to a point at the line of Lot last of Susan Mater aforesaid; thence along the line of said lot northwardly a distance of one hundred sixty-three (163) feet, more or less, to the point and place of BEGINNING. HAVING erected thereon a two and one-half story frame dwelling house known and designated as No. 256 East Main Street, Shiremanstown, Pennsylvania, Parcel # 37-23-0555-201 PROPERTY ADDRESS: 256 EAST MAIN STREET, SHIREMANSTOWN, PA 17011- 6314 PARCEL #37-230555-201 Pile 11 Dd00G7. VERIFICATION i,rZat(-r /,;(,..hereby states that hisAya;$},14 u:‘,...pre_siAtIfq3ANK OF AMERICA, N.A., Plaintiff in this matter, that h uthorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of hi formation 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, DAT I, 'r d a19 File#: 940062 Name:HECKERT file N: 940062 o5ti 4.. Title: ()ss; s4ct(1.4- V i . Arm i ae-t ' BANK OF AMERICA, N.A. Exhibit "B" SHERIFF'S OFFICE OF CUMBERLAND COUNTY 2 Ronny R Anderson rinci'v Sheriff z 471 ov oi Clift7iirte Z-7) Jody S Smith -<> Chief Deputy r--= ei <1=i Richard W Stewart Solicitor OfFIO OFThE SKIFF = C: --- C (•:? .c - CZ) Bank of America NA vs. Keith A Heckert Case Number 2014-868 SHERIFF'S RETURN OF SERVICE 03107/2014 11:25 AM - Deputy Shawn Gutshall, 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 Adrlana Heckert, Wife, who accepted as "Adult Person in Charge" for Keith A Heckert at 256 East Main Street, Shiremanstown Borough, Shiremanstown, PA 17011, SHERIFF COST: $44.95 SO ANSWERS, March 10, 2014 N R ANDERSON, SHERIFF • (c) Cour:1).518e Sheriff, Miaow)), Inc, PHELAN HALLINAN, LLP Joseph P. Schalk, Esquire, Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 7365 BANK OF AMERICA, N.A. 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff v. KEITH A. HECKERT 6821 NORTH SOUTHPOINT DRIVE, SUITE 125 JACKSONVILLE, FL 33216-8012 Defendant Attorney for Plaintiff Court of Common Pleas Civil Division No. 14 -868 -CIVIL Cumberland County CERTIFICATION OF SERVICE I, Joseph P. Schalk, Esquire, certify that I caused true and correct copies of Plaintiffs Motion to Lift Conciliation Stay and proposed Order to be sent sent via first class mail to the person listed below on the date indicated: KEITH A. HECKERT 256 EAST MAIN STREET SHIREMANSTOWN, PA 17011-6314 Date: C9 940062 B . Schalk, Esquire ey for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A. Court of Common Pleas 7105 CORPORATE DRIVE PLANO, TX 75024 Civil Division Plaintiff No. 14-868-CIVIL V. Cumberland County KEITH A. HECKERT 6821 NORTH SOUTHPOINT DRIVE, SUITE 125 JACKSONVILLE, FL 33216-8012 Defendant ORDER AND NOW, this /3` day of 9,,,,,� , 2014, upon consideration of Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. BY TT COURT: J. I c c : eith A. Heckert Joseph P. Schalk, Esquire, Id. No. 91656 Attorney for Plaintiff 940062 PHELAN HALLINAN, LLP Joseph P. Schalk, Esquire, Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 7365 KEITH A. HECKERT 256 EAST MAIN STREET SHIREMANSTOWN,PA 17011-6314 940062 THE &BOTH-7OHOit\„ ; Keith Heckert,pro se 23114 N 12: 256 E. Main St. Shiremanstown, PA 17011 CUMBERLAND COUNT Y (717 ) 7&1- ?6,%� PENNSYLVANIA COURT OF COMMON PLEAS BANK OF AMERICA,N.A., CIVIL DIVISION Plaintiff TERM v. NO. 14-868-CIVIL KEITH A. HECKERT,et al., CUMBERLAND COUNTY Defendants OPPOSITION TO PLAINTIFF'S MOTION TO LIFT STAY Defendant, KEITH A. HECKERT, (hereinafter"Defendant"), hereby Files his Opposition to Plaintiffs Motion to Lift Conciliation Stay and states the following grounds: 1. Defendant was under review for loan modification at the time this lawsuit was filed and presently remains under review. 2. Plaintiff violated 12 CFR 1024.41(g)by filing the instant action and by attempting to advance this cause to judgment. 3. Plaintiffs agents advised Defendant that he did not need to participate in the litigation based on his participation in the loan modification review. WHEREFORE Defendant prays that this Honorable Court will deny Plaintiff's Motion to Lift Stay. Dated: June a' aoiLf Respectfully submitted, Keith Heckert, pro se car ) 7(r-86% CERTIFICATION I HEREBY CERTIFY that a true and accurate copy of the foregoing was furnished by fax and mail to Phelan Hallinan, LLP, at 126 Locus St., Harrisburg, PA 17101 on this aL{ day of June, 2014. Keith Heckert,pro se