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HomeMy WebLinkAbout14-2924 For Prothonotary Use Only: S1up em—e .- ! CoCouof PennSylm�ir f Cog A M "w, Pleas: d t. Docket No. M t IId Cou;raty The information collected on this form is used solely for court administration purposes. This form does not supplement or replace thefiling and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: - ®Complaint ❑ Writ of Summons ❑ Petition u�S ❑Transfer from Another Jurisdiction ❑ Declaration of Taking Lead Plaintiffs Name:Federal National Mortgage Association("Fannie Lead Defendant's Name:Merl E.Tate A/K/A Merl Tate v Mae"),a corporation organized and existing under the laws of the United States of America Dollar Amount Requested: ❑within arbitration limits 0� Are there money damages requested? ❑ Yes ® No �I (check one) ❑outside arbitration limits �i Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes ® No Name of Plaintiff/Appellant's Attorney:McCabe,Weisberg&Conway,P.C. ❑ Check here if you have no attorney(a Self-Represented [Pro Se] Litigant) s' Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your . 3 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 r ❑Intentional ❑Buyer Plaintiff Administrative Agencies f ❑Malicious Prosecution ❑Debt Collection:Credit Card 11 Board of Assessment ❑Motor vehicle ❑Debt Collection:Other ❑Board of Elections " = ❑Nuisance Cl Department of Transportation ❑Premises Liability(does not include ❑ Statutory Appeal: Other $ 1 mass tort) E� ❑ Slander/Libel/Defamation ❑Employment Dispute: ❑Other: a Discrimination C ❑Employment Dispute:Other ❑Zoning Board T ❑Other 0� ❑ Other . q MASS TORT ❑Asbestos ❑Tobacco *� ❑Toxic Tort-DES z ❑Toxic Tort-Implant ❑Toxic Waste REAL PROPERTY MISCELLANEOUS 0 Other: ❑Ejectment ❑Common Law/Statutory Arbitration ❑Eminent Domain/Condemnation ❑Declaratory Judgment � ? ❑Ground Rent 13 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: Updated 1/1/2011 P� � 3 �D L V,4 Cow, McCABE,WEISBERG & CONWAY, P.C. Attorneys for Plaintiff BY: TERRENCE J.McCABE, ESQUIRE-ID# 16496 MARC S. WEISBERG,ESQUIRE-ID# 17616 EDWARD D. CONWAY, ESQUIRE-ID#34687 MARGARET GAIRO, ESQUIRE-ID#34419 ANDREW L. MARKOWITZ,ESQUIRE-ID#28009 HEIDI R. SPIVAK,ESQUIRE-ID# 74770 MARISA J. COHEN, ESQUIRE-ID# 87830 CHRISTINE L. GRAHAM,ESQUIRE-ID#309480 BRIAN T. LAMANNA,ESQUIRE-ID#310321 ANN E. SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID# 57716 JOSEPH I. FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID# 313673 JENNIFER L. WUNDER, ESQUIRE-ID#315954 LENA KRAVETS,ESQUIRE-ID#316421 CAROL A. DiPRINZIO,ESQUIRE-ID# 316094 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 (215) 790-1010 Federal National Mortgage Association Cumberland County ("Fannie Mae"), a corporation organized and Court of Common Pleas existing under the laws of the United States of America Number 14523 SW Millikan Way, Suite 200 Beaverton, OR 97005 V. Merl E. Tate A/K/A Merl Tate 118 Yates Street Mount Holly Springs,PA 17065 COMPLAINT IN MORTGAGE FORECLOSURE t -oti . File#70595 age I 659D17) NOTICE AVISO You have been sued in court. If you wish to Le han demandado a usted en la corte. Si defend against the claims set forth in the usted quiere defenderse de estas demandas following pages, you must take action within ex-puestas en las paginas siguientes, usted twenty (20) days after this complaint and tiene veinte (20) dias de plazo al partir de la notice are served, by entering a written fecha de la demanda y la notificacion. Hace appearance personally or by attorney and falta asentar una comparencia escrita o en filing in writing with the court your defenses persona o con un abogado y entregar a la corte or objections to the claims set forth against en forma escrita sus defensas o sus objeciones you. You are warned that if you fail to do so a las demandas en contra de su persona. Sea the case may proceed without you and a avisado que si usted no se defiende, la corte judgment may be entered against you by the tomara medidas y puede continuar la demanda court without further notice for any money en contra suya sin previo aviso o notificacion. claimed in the complaint or for any other Ademas, la corte puede decidir a favor del claim or relief requested by the plaintiff. You demandante y requiere que usted cumpla con may lose money or property or other rights todas las provisiones de esta demanda. Usted important to you. puede perder dinero o sus propiedades u otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU USTED LE DEBE TOMAR ESTE DO NOT HAVE A LAWYER, GO TO OR P A P E L A SU ABOGADO TELEPHONE THE OFFICE SET FORTH INMEDIATAMENTE.SI USTED NO TIENE BELOW. THIS OFFICE CAN PROVIDE A UN ABOGADO, VA A O TELEFONEA YOU WITH INFORMATION ABOUT LA OFICINA EXPUSO ABAJO. ESTA HIRING A LAWYER. OFICINA LO PUEDE PROPORCIONAR IF YOU CANNOT AFFORD TO CON INFORMATION ACERCA DE HIRE A LAWYER,THIS OFFICE MAY BE EMPLEAR A UN ABOGADO. ABLE TO PROVIDE YOU WITH SI USTED NO PUEDE INFORMATION ABOUT AGENCIES THAT PROPORCIONAR PARA EMPLEAR UN MAY OFFER LEGAL SERVICES TO ABOGADO, ESTA OFICINA PUEDE SER ELIGIBLE PERSONS AT A REDUCED FEE CAPAZ DE PROPORCIONARLO CON OR NO FEE. INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS Cumberland County Bar Association SERVICIOS LEGALES A PERSONAS 32 South Bedford Street ELEGIBLES EN UN HONORARIO Carlisle, PA 17013 REDUCIDO NI NINGUN HONORARIO. (800) 990-9108 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 File#70595 Page 2 This is a communication from a debt collector who is attempting to collect a debt, and any information obtained will be used for that purpose. J Please Note: (1) unless,within thirty (30) days after your receipt of this notice,you dispute the validity of the debt, or any portion of the debt,we will assume that the debt is valid; (2) if you notify us in writing within thirty (30) days of your receipt of this notice that the debt, or a portion of the debt, is disputed,we will cease collection of the debt until we obtain verification of the debt or a copy of the judgment against you and mail to you a copy of the verification or judgment that we obtain; (3) upon your written request to us within thirty (30) days of your receipt of this notice for the name and address of the original creditor of your debt,we will cease collection of the debt until we mail to you the name and address of the original creditor, if different from the current creditor. Case Name: Federal National Mortgage Association("Fannie Mae"), a corporation organized and existing under the laws of the United States of America v. Merl E. Tate A/K/A Merl Tate Cumberland County File#70595 Page 3 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is Federal National Mortgage Association("Fannie Mae"),a corporation organized and existing under the laws of the United States of America with its principal place of business at 3900 Wisconsin Avenue NW, Washington, DC 20016, with all pleadings and correspondence to be sent C/O Seterus, Inc. at 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005, by and through service on the undersigned counsel. 2. The Defendant is Merl E. Tate A/K/A Merl Tate,who is the mortgagor and owner of the mortgaged property hereinafter described, whose last-known address is 118 Yates Street, Mount Holly Springs,PA 17065. 3. On August 20, 2007, Merl E. Tate A/K/A Merl Tate, mortgagor, made, executed and delivered a mortgage upon the premises hereinafter described to Bank of America,N.A.which mortgage is recorded in the Office of the Recorder of Cumberland County as Instrument Number 200732612 (the "Mortgage"), such Mortgage being incorporated herein by reference pursuant to Rule 1019(g)Pa. R. C.P. 4. On August 20,2007,Defendant,Merl E.Tate A/K/A Merl Tate,also executed a promissory note secured by the aforementioned mortgage. Plaintiff,directly or through an agent,is in possession of the note and is the holder of the note with the right to enforce it;the note is either made payable to plaintiff or has been duly endorsed. 5. On October 10, 2012, the Mortgage was assigned by Bank of America, N.A. to Federal National Mortgage Association, by Assignment of Mortgage, recorded in the Office of the Recorder of Cumberland County as Instrument Number 201231712, such Assignment of Mortgage being incorporated herein by reference pursuant to Rule 1019(g)Pa. R. C. P.. 6. The premises subject to said mortgage is described in the legal description attached as Exhibit "A" and is known as 118 Yates Street,Mount Holly Springs,Pennsylvania 17065. 7. The mortgage is in default because monthly payments of principal and interest upon said File#70595 Page 4 mortgage due September 1, 2012 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 8. The following amounts are due on the mortgage: Principal Balance $ 126,160.83 Interest through May 21, 2014 $ 4,548.70 (Plus $6.91 per diem thereafter) Attorney's Fee $ 1,650.00 Escrow Advance $ 4,582.34 Property Inspections Fees $ 330.00 Returned Check Fees $ 50.00 Prior Foreclosure Fees $ 3,338.40 Less Suspense Credits $ (132.21) GRAND TOTAL $ 140,528.06 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's sale. If the mortgage is reinstated prior to sale, reasonable and actually incurred attorney's fees will be charged in accordance with the reduction provisions of Act 6,if applicable. 9. Plaintiff complied with all notice requirements as prescribed by 41 P.S. §101, et seq. (Act 6), and 35 P.S. 1680.401c, et seq. (Act 91), as applicable. WHEREFORE,Plaintiff demands in rem Judgment against the Defendant in the sum of$140,528.06, together with interest at the rate of$6.91 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE,WEISBE & WA BY: [ ] Terren J.Mc squir [ ] Marc S. Weisberg,Esquire [ ] Edwa d D. way,Esq ' [ ] Margaret Gairo, Esquire [ ] Andrew L. Markowitz quire [ ) Heidi R. Spivak,Esquire ] risa J. Cohen,Es ire [ ] Christine L. Graham,Esquire "Brian LaManna,Esquire [ ] Ann E. Swartz,Esquire [ ] Joseph F. Riga,Esquire [ ] Joseph I. Foley,Esquire [ ] Celine P.DerKrikorian, Esquire [ ] Jennifer L. Wunder,Esquire [ ] Lena Kravets,Esquire [ ] Carol A.DiPrinzio,Esquire Attorneys for Plaintiff File#70595 Page 5 VERIFICATION The undersigned, Kurt"-Bowlinb , does hereby certify that he/she is Fbreddsure Spedilitt of Seterus Inc.,As Authorized Subservicer for Federal National Mortgage Association("Fannie Mae"), a Corporation organized and existing under the laws of the United States of America and that Seterus Inc.,As Authorized Subservicer for Federal National Mortgage Association("Fannie Mae"), a Corporation organized and existing under the laws of the United States of America has been duly nominated and appointed by Federal National Mortgage Association("Fannie Mae"), a corporation organized and existing under the laws of the United States of America,plaintiff herein, as its mortgage servicing agent in regard to the mortgage loan which is the subject of this action (the"Mortgage"). Federal National Mortgage Association("Fannie Mae"), a corporation organized and existing under the laws of the United States of America lacks sufficient information to make this verification because Plaintiff is not the entity that maintains the business records for the Mortgage. Seterus Inc., As Authorized Subservicer for Federal National Mortgage Association("Fannie Mae"),a Corporation organized and existing under the laws of the United States of America, in its capacity as mortgage servicing agent for Federal National Mortgage Association("Fannie Mae"), a corporation organized and existing under the laws of the United States of America,maintains the business records for the Mortgage, and therefore does have sufficient information to make this verification in accordance with Pa.R.C.P. 1024(c)(1). I am authorized to make this Verification on Plaintiff s behalf and do hereby verify that the facts as set forth in the foregoing Complaint are true and correct to the best of my information and belief. I have access to and have reviewed the business records of Seterus Inc.,As Authorized Subservicer for Federal National Mortgage Association("Fannie Mae"), a Corporation organized and existing under the laws of the United States of America for and relating to the Mortgage, and I make this Verification based File#70595 Page 6 on my review of those records,which are maintained by Seterus Inc.,As Authorized Subservicer for Federal National Mortgage Association("Fannie Mae"), a Corporation organized and existing under the laws of the United States of America in the course of its regularly conducted business activities and are made at or near the time of the event, by or from information transmitted by a person with knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: By: Name: Kurt'-Bow,lin Title: Foreclosure Speci!" alist Seterus,Inc., as authorized subservicer for Federal National Mortgage Association("Fannie Mae"), a Corporation organized and existing under the laws of the United States of America Name:.Federal National Mortgage Association("Fannie Mae"),a corporation organized and existing under the laws of the United States of America v.Merl E. Tate A/K/A Merl Tate Loan Number ending with:4965 File#70595 Page 7 - v Exhibit A LOT designated as Lot No. 50 of Block "A",Plan No. 8 of the Mount Holly Gap Company, which Plan is of record in the Office of the Recorder of Deeds in and for Cumberland County-Plan Book No. 2,Page 89,bounded on the East by the Carlisle and Gettysburg State Highway; on the North by Lot No. 51 on said Plan; on the West by the Philadelphia and Reading Railway; and on the South by Lot No. 49 on said Plan; having a frontage of 100 feet,niore or less,on said State Highway and extending in depth 175 feet,more or less. HAVING THEREON ERECTED a two story dwelling house and other buildings known and numbered as 118 Yates Street, Mount Holly Springs,Pennsylvania 17065. + FORM 1 Federal National Mortgage Association("Fannie IN THE COURT OF COMMON PLEAS OF C7- Mae"), a corporation organized and existing under the CUMBERLAND COUNTY,PENNSYLV�_,NW laws of the United States of America Plaintiff vs. 1� Civil GO Merl E. Tate A/K/A Merl Tate 1y c-) , ^Z C) Defendant c..'- ; C__ NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action,you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer,you must take the following steps to be eligible for a conciliation conference.First,within twenty(20)days of your receipt of this notice,you must contact MidPenn Legal Services at(717)243-9400 extension 2510 or(800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative,you must promptly meet with that legal representative within twenty(20)days of the appointment date.During that meeting,you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto,the legal representative will prepare and file a Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60)days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer,you and your lawyer must take the following steps to be eligible for a conciliation conference.It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However,you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court,which must be filed 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 WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully s itted: Date [Si ature of unsel for Plaintiff] ff 70595 Page 1 ' 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 Please provide the following information to the best of your knowledge: CUSTOM ER/PRI MARY PP 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 on household: How long? CO-BORROWER Mailing Address(if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people on household: How long? INFORMATIONFINANCIAL First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payment Amount$ Included Taxes&Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes 0 No 0 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,motorcvcles): 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"d 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 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: 2 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 deliquency? 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: 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 obiligation 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 Past 2 bank statements Proof of any expected income for the last 45 days Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation(hardship letter) Listing agreement(if property is currently on the market) 3 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY HAY 28 PH 2: CUMBERLAND COUNTY PENNSYLVANIA Federal National Mortgage Association vs. Merl E Tate Case Number 2014 -2924 SHERIFF'S RETURN OF SERVICE 05/16/2014 08:12 PM - Deputy Dawn Kell, 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 Courtney Short, Daughter, who accepted as "Adult Person in Charge" for Merl E Tate at 118 Yates St., Mt. Holly Boro, Mt Holly Springs, PA 17065. S DAWN KELL, DEPUTY SHERIFF COST: $35.91 SO ANSWERS, May 19, 2014 RONI' R ANDERSON, SHERIFF Rob Bleecher, Esquire PA ID 32594 Pecht & Associates, PC 650 North Twelfth Street, Suite 100 Lemoyne, PA 17043 (717) 691-9808 7.3Y JUL11+ P'j 3: CUPENNSYLVA IA Federal National Mortgage Association ("Fannie Mae"), a corporation organized And existing under the laws of the United States of America, 14523 SW Millikan Way, Suite 200 Beaverton, OR 97005 Plaintiff v. Merl E. Tate a/k/a Merl Tate, 118 Yates Street Mount Holly Springs, PA 17065 Defendant : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 14-2924 CIVIL REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated February 28,. 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is Defendant's primary residence;.. 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program" and has taken all of the steps required in that Notice to be eligible to participate in a court -supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. We understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Rob Bl Attorney for Defendant Merl E. Tate (a/k/a Merl Tate) fi,..t Date /)9) /Y Date CERTIFICATE OF SERVICE I, Rob Bleecher, Esquire, the attorney for Defendant, hereby certify that I have served the foregoing document this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: Date: McCabe, Weisberg & Conway, P.C. 123 South Broad Street, Suite 1400 Philadelphia, PA 19109 PECHT & BY: ATES, P.C. b Bleec er, Esquire PA ID# 32594 650 North Twelfth Street, Suite 100 Lemoyne, PA 17043 (717) 691-9808 (717) 695-6550 FAX Attorney for Defendant Rob Bleecher, Esquire PA ID 32594 Pecht & Associates, PC 650 North Twelfth Street, Suite 100 Lemoyne, PA 17043 (717) 691-9808 17 PH 12: CUMBERLAND COUvi PENNSYL`r'ANl!\ Federal National Mortgage Association : COURT OF COMMON PLEAS ("Fannie Mae"), a corporation organized : CUMBERLAND COUNTY, PENNSYLVANIA And existing under the laws of the United States of America, 14523 SW Millikan Way, Suite 200 Beaverton, OR 97005 Plaintiff : NO. 14-2924 CIVIL v. Merl E. Tate a/k/a Merl Tate, 118 Yates Street Mount Holly Springs, PA 17065 Defendant CASE MANAGEMENT ORDER AND NOW, this / 774 day of , 2014, the Defendant in the above - captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the Defendant has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The party and his counsel are directed to participate in a court -supervised conciliation Conference on in &nytkibd 9,adf1-4 at 11,5 M. at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the Defendant must serve upon the Plaintiff 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. 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 maybe extended. Upon notice to the Court of the Defendant's failure to serve the completed Form 2 with 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 and counsel for the party must attend the Conciliation Conference in person and an authorized representative of the Plaintiff 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 who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the Plaintiff must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the Plaintiff 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 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, af) p tseS /INA [irk /i7//y )1Y) J. FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION — LAW vs. : NO. 14-2924 CIVIL MERL E. TATE, Defendant IN RE: CONCILIATION CONFERENCE ORDER AND NOW, this Z 9- day of August, 2014, at the request of counsel for the parties, the conciliation conference in the above matter set for August 29, 2014, is continued to Friday, October 24, 2014, at 2:00 p.m. in Chambers of the undersigned. BY THE COURT, McCabe, Weisberg and Conway 123 S. Broad Street, Suite 1400 Philadelphia, PA 19109 For the Plaintiff ob Bleecher, Esquire 650 North Twelfth Street, Suite 100 Lemoyne, PA 17043 For the Defendant ^c' " I w rn :rim v' 0.9//ef 4/ Kevin : Hess, P.J. Czn FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION — LAW vs. : NO. 14-2924 CIVIL MERL E. TATE, Defendant IN RE: CONCILIATION CONFERENCE ORDER AND NOW, this Z 2'd day of October, 2014, at the request of counsel for the parties, the conciliation conference in the above matter set for October 24, 2014, is continued to Friday, January 16, 2015, at 1:30 p.m. in Chambers of the undersigned. BY THE COURT, ✓ McCabe, Weisberg and Conway 123 S. Broad Street, Suite 1400 Philadelphia, PA 19109 For the Plaintiff Kathan Wolf, Esquire 10 West High Street Carlisle, PA 17013 For the Plaintiff ,Rob Bleecher, Esquire 650 North Twelfth Street, Suite 100 Lemoyne, PA 17043 For the Defendant :rim Cop tra.M r. 91 Wd ZZ 1001110Z C' --1 CD -4 CLI FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff vs. MERL E. TATE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW NO. 14-2924 CIVIL IN RE: CONCILIATION CONFERENCE ORDER AND NOW, this A' day of January, 2015, by agreement, conciliation conference in this matter is continued until Friday, March 27, 2015, at 2:00 p.m. in Chambers of the undersigned. McCabe, Weisberg and Conway 123 S. Broad Street, Suite 1400 Philadelphia, PA 19109 For the Plaintiff Nathan Wolf, Esquire 10 West High Street Carlisle, PA 17013 For the Plaintiff Bleecher, Esquire 650 North Twelfth Street, Suite 100 Lemoyne, PA 17043 For the Defendant :rim f / Cop L£.S /'flc//I 61Zr iS't-lam BY THE COURT, r c;