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HomeMy WebLinkAbout14-3083 Supreme Court-of Pennsylvania Couof Co m *n Pleas jtVIT;C�V etj h'eet For Prothonotary Use Only: C' MWARLAND���r County Docket No: lq, ,z The information collected on this fore:is used solely for court administration purposes. This form does not supplement or replace the,filing and service of pleadings or other papers as required by 1mv or rules of court. Commencement of Action: $ ® Complaint ❑ Writ of Summons El Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E Lead Plaintiff's Name: Bank of America,N.A.,successor by merger Lead Defendant's Name: James E.Domen,Jr.,a/k/a James E. C to BAC Home Loans Servicing,LP FKA Countrywide Home Loans Domen Servicing,LP I. T I Are money damages requested?: ❑Yes ® No Dollar Amount Requested: within arbitration limits (Check one) I O x outside arbitration limits IN Is this a Class Action Suit? ❑Yes ® No Is this an MDJ Appeal? ❑Yes ® No Name of Plaintiff/Appellant's Attorney: Scott A.Dietterick,Esq.c/o Zucker,Goldberg&Ackerman,LLC A ElCheck 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. i TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept.of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability(does not include S mass tort) ❑ Employment Dispute: E ❑ Slander/Libel/Defamation Discrimination ❑ Other: ❑ Employment Dispute: Other C ❑ Zoning Board 'I El Other: I MASS TORT El Other: 0 ❑ Asbestos ❑ Tobacco N ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Other: El Common Law/Statutory Arbitration ElEminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus B ❑ 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: i Updated 1/1//2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A.,SUCCESSOR BY CIVIL DIVISION MERGER TO BAC HOME LOANS SERVICING, LP J 303 ✓,' FKA COUNTRYWIDE HOME LOANS SERVICING, NO.: LP - , TYPE OF PLEADING a=�? Plaintiff, r r�� c�.--;. (J") -- VS. CIVIL ACTION-COMPLAINT IN MORTGAGE FORECLOSURE w `. James E. Domen,Jr.,a/k/a James E. Domen; s - FILED ON BEHALF OF: Defendant. Bank of America, N.A.-successor by mergerto BAC Home Loans Servicing, LP FKA TO: DEFENDANT Countrywide Home Loans Servicing, LP YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY(20)DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE COUNSEL OF RECORD FOR THIS PARTY: ENTERED AGAINST YOU. I HEREBY CERTIFY THAT THE ADDRESS ZUCKER,GOLDBERG&ACKERMAN, LLC OF THE PLAINTIFF IS: 400 National Way Scott A. Dietterick, Esquire-Pa. I.D.#55650 Simi Valley,CA 93065 Kimberly A. Bonner, Esquire-Pa. I.D.#89705 AND THE DEFENDANT: Joel A.Ackerman, Esquire-Pa I.D.#202729 305 Belaire Drive Ashleigh Levy Marin, Esquire-Pa I.D.#306799 Camp Hill,PA 17011 Ralph M.Salvia, Esquire-Pa I.D.#202946 Jaime R.Ackerman,Esquire-Pa I.D.#311032 Jana Fridfinnsdottir, Esquire- Pa I.D.#315944 CERTIFICATE OF LOCATION Brian Nicholas, Esquire-Pa I.D.#317240 1 HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS Denise Carlon,Esquire-Pa I.D.#317226 409 East Marble Street,Mechanicsburg PA 17055 Municipality: Mech nicsbur 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 (908)233-8500 ATTORN . 9 T (908)233-1390 FAX ATTY FILE NO.:XFP 188523 office@zuckergoldberg.com File No.:XFP-188523/rbo S }2* 36&1gy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Bank of America, N.A.,successor by merger to CIVIL DIVISION BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP NO.: Plaintiff, VS. James E. Domen,Jr.,a/k/a James E. Domen; Defendant. 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 Bank of America, N.A.,successor by merger to CIVIL DIVISION BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP NO.: Plaintiff, vs. James E. Domen,Jr.,a/k/a James E. Domen; Defendant. AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de la demanda establecida en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dial despues 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 caro 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. SI LISTED NO TIENE UN ABOGADO 0 NO PUEDE PAGAR LINO, 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 Bank of America, N.A.,successor by merger to CIVIL DIVISION BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP NO.: Plaintiff, VS. James E. Domen,Jr.,a/k/a James E. Domen; Defendant. CIVIL ACTION-COMPLAINT IN MORTGAGE FORECLOSURE And now comes Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP, by its attorneys, Zucker,Goldberg&Ackerman, LLC,and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP, (hereinafter "plaintiff') having its principal place of business at 400 National Way,Simi Valley,CA 93065. 2. The Defendant, James E. Domen, Jr., a/k/a James E. Domen, is an individual whose last known address is 305 Belaire Drive,Camp Hill, PA 17011. 3. Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP, directly or through an agent, has possession of the Promissory Note. Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP 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 April 20, 2009,James E. Domen,Jr., a single person made, executed and delivered to Mortgage Electronic Registration Systems, Inc. as nominee for Countrywide Bank, FSB a Mortgage in the original principal amount of $153,664.00 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 May 13, 2009, Instrument #200915717. The mortgage is a matter of public record and is incorporated herein by reference in Zucker,Goldberg&Ackerman, LLC 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. 5. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded October 12, 2011,the mortgage was assigned to Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP which assignment is recorded in the Office of the Recorder of Deeds for Cumberland County, Instrument#201128231. 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. The aforesaid Note and Mortgage was amended by a certain Loan Modification Agreement. Said Loan Modification Agreement was recorded in the Office of the Recorder of Deeds of Cumberland County on August 5, 2013 in Mortgage Book Instrument #201325844. Said Modification Agreement is marked Exhibit C, attached hereto and made a part hereof. The Loan Modification Agreement 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. 7. James E. Domen, Jr., single man is the record and real owner of the aforesaid mortgaged premises. 8. Defendants are in default under the terms of the aforesaid Mortgage for, inter alfa, failure to pay the monthly installments of principal and interest due October 1,2013. 9. As of 03/19/2014 the amount due and owing Plaintiff by Defendants) is as follows: Principal $160,615.99 Interest from 09/01/2013 to 03/31/2014 $3,630.62 Late Charges $129.75 MIP $64.04 Partial Payment Balance ($144.75) Return Item Fee $15.00 Total $164,310.65 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 Zucker,Goldberg&Ackerman,LLC 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. 10. 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). 11. This action does not come under Act 91 of 1983 because the mortgage is FHA insured. 12. 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 Defendants) 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 $164,310.65 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,GOL ACKE C BY: Dated: / Scott A. 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-188523/rbo 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908)233-1390 FAX Email: Office@zuckergoldberg.com THIS IS AN ATTEMPT TO COLLECT A DEBT,AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Zucker,Goldberg&Ackerman,LLC EXHIBIT A Zucker,Goldberg&Ackerman, LLC .CRPRDNRBS46b 12/10/2011 8 : 45 :05 AM PAGE 89/114 888-294-5658 Prepared by. aennnRTA N4InMax Multistate NOTE - 1?F1A Case Na LOAN #: ! - APRIL 20, 2009 1Dtae1 4o9 E MARBLE ST, DIECHANICSBURO, PA 17055-4266 1PfO -v ] I. PARrtfS ^Borrower" means each person signing at the end of this Note,and site person's suocessors and assfgm. "Lett k ateans COUNTRYWIDE BANK, FSB and its successois and assigns 2 BORROWER`SPROIbIISETOPAY;INTEREST In return for a loan received from Lender.Borrower prormses io pay the principal sum of ONE FfmmRED FIFTY THREE THOUSAND SIX BUNDRED SIXTY FOUR and 00/100 Dollars(U,S.S L53,664.00 ),phts interest,to the order of Lender.Interest will be charged on unpaid principal from the date of disbursement of the loan proceeds by Lendor,at the rate of FOUR t THREE-QUARTERS percent( 4.750%Q per year unfil the frill amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a Mortgage,Deed of Trust or similar security instnmrent chat is dated the same date as this Note and called the "Seeurity Instrument."The Security InnstlUmend protects the Lender from losses %Vch Wright result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Thne Borrower shall make a payment of principal and interest to Lender on the first day of each wroath beginning on JUME 01, 2009 Any principal and interest remaining on the first day of MAY, 2039 will be due on that date,which is called the"Martrrity Date." (B) Place Payment shall be made at P.O. Box 660694, Dallas, TX 75266-0694 or at such place as Lender may designate in wridog by notice to Borrower. (C) Anrottnt Each monthly payment of principal and interest will be in the amount of U.S.$e on.s a .This amount will be part of a larger monthly payment required by the Security Imtrurnent,that shall be applied to principal.interest and other items in the order described in the Security Instrument (D) Allange to this Note for payment adjustments If an allonge providing for payment adjustments is executed 5y Borrower togeth'ar with this Note, the covenants of the allmgc shall be incorporated into and shall amend and supplement the covenants of this Note as if the allcar, were a pan of the Note.[Check applicable box) GsaduatedPaymentAllongo Q'Growing Equity Allonge © Oflier[specify] 5, BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note,in whole or in park without charge or penalty,on the first day of any month. Lender shall accopt prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and perniltted by regulations of the Secretary.If Borrower noises a partial prepayment,there will be no changes in the duo date or in the amount of the monthly payment unless Lender agrees in writing to those changes. (. BORROWER'S FAILURE TO PAY . {A) Late Charge for CKwdue Payments If Lender has not received the full monthly payment required by the Security Instrument,as described in Paragraph 4(Q of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of FOUR percent ( 4.000%) of the overdue amount of each payment (B) Default If Borrower defaults by failing to pay in full any monthly payllmi,then Lender may,except as limited by regulations of ale Secretary in the case of payment defaults,require immediate payment in full of the principal balance remaining due and all accrued interest.Lender may choose not to exercise this option without waiving its rights In the event of any subsequent default.Lr many circumstances regfdations issued by the Secretary will limit Lenders rights to require tnunedfate payment in full in the case of FHA Fixed gate NOIR 2001R-XX(02Jo9)(dhi Page 1 of 2 FHA muiustate Fixed Rate Nate•105 CRPRDNRBS46b 12/10/2011 8 :45 :05 AM PAGE 91/114 888-294-5658 tAsz #: PA4419034327703 LOAN # payment defaulm This Nate does not authorize acceleration when not permitted by HUD regulations. As used in t3rtsote, "Seattary"means the Secretaryof Housing and Urban Development ar his or her designee. (C) Payment of Costs and Expeasrs If Lender has regaW Immediate payment in full,as described above,Leader may require Borrower to pay costs and expenses including reasonable and customary attorneys'fees for enforcing this Note to the extent not prohibited by applicable law. such fees and casts shall beat interest from the dale of dfsbuuserrrenl at the some tate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment"means the right to require Lender to demand payment of amounts due."Notice of disborwr"means the right to require Lender to give notice to other persons that amounts due have not been paid. & MING OF NOTICES Unless applicable law requires a different mefixA any notice that must be given to Borrower under this Note will be given by delivering it m by mailing it by first class mail to Borrower at the property address above or at a difteat address if Borrower has given Lender a notice of Borrows different address. Any notice that must be given to Lender under this Note will be given by first class ntall to Lender at the address stated in Patagraph 4(B)or at a different address if Borrower Is given a notice of that different address. 9. OBLIGATIONS OF PERSONS U r DER MI.S NOTE If mom than one person signs this Note,each person is My atm personally obligated to keep all of the promises made in this Note,including the promise to pay the full amount owed-Arty pemn who is a guarantor,surety or endorser of this Note is a3so obligated to do these things.Any person who flakes over these obligations,including the obilgations of a guarantor.surety or endorser of this Note,is also obligated to keep all of The promises made In this Note-Lender may wforce its rights under this Note against each person Individually or against all signatories together.Any one person signittg this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW.Borrower-accepts and agrees to the terms and covenants contained in this Note. (sea) 677,- [fOM6N SR -Burrower "t" 1�t�Tnr/OUq�t -Borrower -BoTro%."Cr LAURIE S�N�DRViCElY7M (5eaD -Borrower FHA Fixed Rate Note 200tR•XX(02MM Page 2 of 2 FHA Multislate Fixed Rate Ptbte•10195 0@im `g , yiinaU0c@ rX11C1 Bank of America, N.A. Notice Date:February 5, 2013 ! 11802 Ridge Parkway, Suite 100-HRM HOME RETENTION i Broomfield, CO 80021 JAMES E DOMEN Account No: 409 E MARBLE ST MECHANICSBURG, PA 17055 FHA Case No: Property Address: 409 E MARBLE ST MECHANICSBURG, PA 17055 AMENDED AND RESTATED NOTE State of Pennsylvania l Origination Date:20th of April,2009 I 1. PARTIES "Borrower"means each-person signing at the end of this Note, and the person's successors and assigns."Lender'means Bank of America, N.A.and its successors and assigns. 2. BORROWER'S PROMISE TO PAY INTEREST In return for a loan received from Lender,Borrower promises to pay the principal sum of one hundred sixty-two thousand three hundred fifteen and 71100 (Dollars U.S.)$162,315.07 plus interest,to the order of Lender.Interest will be charged on unpaid principal,from the date of disbursement of the loan proceeds by Lender,at the rate of three and 881100, (3.875%)per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower"s promise to pay is secured by a mortgage,deed of trust or similar security instrument that is dated the same date as this Note and called the"Security Instrument'The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on March 1,2013.Any principal and interest remaining on February 1, 2043 will be due on that date,which is called the"Maturity Date." (B) Place Payment shall be made to Payment Processing PO Box 650070 Dallas,TX 75265,or at such place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S$763.27.This amount will be part of a larger monthly payment required by the Security Instrument that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this Note for payment adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note,the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this eNote as if the allonge were a part of this Note. [Check applicable box] Graduated Payment Allonge Growing Equity Allonge Other[specify] J' DOMEN JE `-- -- - Illlllllllllllllllllll�llllil _ ldtilll� IIIIIl11111411111111IIIIIIIIIIIIIIIIIIIIIINII r . • v. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note,in whole or in part,without charge or i penalty,on the first day of any month.Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial.prepayment,there i will be no changes in the due date or in the amount of the monthly payments unless Lender agrees in writing to those changes. 6. BORROWER'S FAILURE TO PAY i (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required!by the Security Instrument,as described in Paragraph 4(C)of this Note, by the end of fifteen calendar days after the payment Is due, Lender I may collect a late charge in the amount of 4.00%of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment,then Lender may, except as limited by regulations of the Secretary In the case of payment defaults,require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default.In many circumstances, regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations.As used in this Note, "Secretary"means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full,as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys'fees for enforcing this Note to the extent not prohibited by applicable law.Such fees and costs shall bear interest from the date of disbursement at the same rate as the Principal of this!Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the right of presentment and notice of dishonor."Presentment"means the right to require Lender to demand payment of amounts due."Notice of dishonor"means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GiVING OF NOTICES Unless applicable law requires a different method,any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address.Any notice that must be given to Lender under this Note will be given by first-class mail to Lender at the address stated in Paragraph 4(B)or at a different address if Borrower Is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note,each person is fully and,personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed.Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things.Any person who takes over these obligations, including the obligations of a guarantor,surety or endorser of this Note,is also obligated to keep ail of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together.Any one person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW, borrower accepts and agrees to the terms and covenants contained in this Note. i Y y t 10. GROUNDS FOR ACCELERATION OF DEBT (A) Default. Lender may, except as limited by regulations issued by the Secretary in the case of payment defaults, require immediate payment In full of all sums secured by the Security Instrument and due under this Note if. (i)Borrower defaults by failing to pay in full any monthly payment required by this Note and the Security Instrument prior to or on the due date of the next monthly payment,or(ii)Borrower defaults by failing,for a period of thirty days,to perform any other obligations contained in the Security Instrument securing this Note. i (B) Sale Without Credit. Lender shall,if permitted by applicable law(including section 341 (d)of the Gam-St Germain Depository Institutions Act of 1982, 12 U.S.C. 1702]-3(d)and with the prior � approval of the Secretary, require immediate payment in full of all the sums due under this Note and secured by the Security Instrument if: (i)All or part of the Property,or a beneficial interest in a trust owning all or part of the Property,is sold or otherwise transferred (other than by devise or descent), and(11)The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property but his or her credit has not been in accordance with the requirements of the Secretary. (C) No Waiver.If circumstances occur that would permit Lender to require immediate payment In full, I but Lender does not require such payment, Lender does not waive its right with respect to subsequent events. (D) Regulations of HUD.In many circumstances regulations issued by the Secretary will limit Lender's rights in the case of payment defaults to require immediate payment in full and foreclosure if not paid.This Note and the Security Instrument do not authorize acceleration of foreclosure if not permitted by regulations of the Secretary. (E) Mortgage Not Insured.Borrower agrees that should the Security Instrument and this Note i secured thereby not be eligible under the National dousing Act within 60 days from the date hereof, Lender may, at its option and notwithstanding anything in paragraph 10. require immediate payment in full of all sums secured by the Security Instrument.A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date thereof, declining to insure the Security Instrument and this Note secured thereby,shall be deemed conclusive proof of such ineligibility.Notwithstanding the foregoing,this option may not be exercised by lender when the unavailability of insurance is solely due to Lender's failure to remit mortgage insurance premium to the Secretary. BY SIGNING BELOW, borrower accepts and agrees to the terms and covenants contained in this Note. WE� Dated {IiII VIII VIII VIII VIII Iiiil{1111�{Il 11111 11111 11111,11{1111111111{1111 11{II III11'IIIIIVIII11111 iIIII VIIi 1111{VIII i1111IIIII VIII lilll PAX TO TILE ORDER OF VATHOUT RECOURSE BANIL OPAMERI"T.A. I3Y � 056- AZLTOA M.Rico ASSISTANT VICE PRESIDENT EXHIBIT B Zucker,Goldberg&Ackerman, LLC r Exhibit A Legal Description 409 East Marble Street Meebaniesburg,PA 17055 Parcel No.:17-24-0789-025 ALL THAT CERTAIN tract or Parcel of land and premises,situate,lying and.being in the Borough of Mechanicsburg in the County.of Cumberland and Commonwealth of Pennsylvania,more particularly described as follows: BEGINNING at a point on the north side of East Marble Street (52.5 feet wide) at the dividing line between Lots Nos.5 and 6,Section "C"in the hereinafter mentioned Plan of Lots;thence along said dividing line,north 18 degrees 39 minutes west, one hundred forty and sixty-one hundredths (140.61) feet to a point;thence south 72 degrees 48 minutes west,a distance of seventy(70) feet to Lot No.4,Section "C"thence along said Lot No.4,Section"C"south 18 degrees 39 minutes east,one hundred forty-two and thirty-eight hundredths (142.38) feet to the north side of East Marble Street;thence along the north side of Ecist Marble Street,north 71 degrees 21 minutes east,sixty-nine and ninety-seven hundredths (69.97) feet to Lot No.6,Section"C",the place of BEGINNING. EXHIBIT C Zucker,Goldberg&Ackerman,LLC Recording Requested by Bank of America, N.A. WHEN RECORDED MAIL TO: Bank of America, N.A. 1001 Liberty Avenue, Suite 675 Pittsburgh. PA 15222 This document was prepared by Bank of America, N.A. C:ac--t i--- e e ~ee Exhibit B for assignments of recordif app ite 1 {Spaace Above for Recorder's Use PC T "c` '`�LOANMODIFICATIONAGRUEAENT0O'7lS7/7 lSr�'N 17-��-0789-oa5 atsa v-,%--•rL as 0—met --D4 This Loan Modification Agreement(the"Agreement"), made on February 5, 2013 between JAMES E DOMEN (the "Borrower(s)")and Bank of America, N.A., Original Lender/Beneficiary Lender or Servicer("Lender"), amends and supplements that certain (Mortgage/Deed of Trust)(the "Security Instrument")dated the 20th of April, 2009 which covers the real and personal property described in the Security Instrument and defined therein as the 'Property' (See Exhibit A for Legal Description if applicable), located at 409 E MARBLE ST, MECHANICSBURG, PA 17055. The real property described being set forth as follows: SAME AS IN SAID SECURITY INSTRUMENT In consideration of the mutual promises and agreements exchanged, the parties hereto agree to modify the Security Instrument as follows: The fifth [and sixth]sentences)of the first paragraph of the Security Instrument is[are) hereby amended to read in its[their]entirety as follows: Borrower owes Lender the principal sum of one hundred sixty-two thousand three hundred fifteen and 7/100, (U.S.Dollars)($162,315.07).This debt is evidenced Borrower's note dated the same date as the Security Instrument, as amended and restated as of the date herewith ("Note"),which provides for monthly payments, with the full debt, if not paid earlier, due and payable on February 1, 2043.The Borrowers]shall comply with all other covenants, agreements and requirements of the Security Instrument. Nothing in this Agreement shall be understood or construed to be a satisfaction or release in whole or in part of the Security Instrument. Except as otherwise specifically provided in this Agreement,the Security Instrument shall remain unchanged, and the Borrower[s]and Bank of America, N.A.shall be bound by,and comply with all of the terms and provisions thereof,as amended by this Agreement, and WDGGovLn1%4odAgrae —PaD&4-cL4- C 4�fi 03i19l2014 9:17:57 AM CUMBERLAND COUNTY Inst.#201325844-Page 1 of 5 the Security Instrument shall remain in full force'and effect and shall continue to be a first lien on the above-described property.All capitalized terms not defined herein shall have the same meanings as set forth in the Security Instrument. SIGNED AND ACCEPTED THIS DAY Of (3i n _. BY J S E DOME (ALL SIGNATURES MUST BE ACKNOWLEDGED) State f�o- -;EL3 )t'`4�j;j%a, County of k\yyya y\1a On this� day ofJnbefore me the undersigned,a Notary Public in and for said State, personally appeared JAMES E DOMEN known to me,or proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the foregoing in•trument a d acknowledged — •-�-^-" that v ecuted the same. NOTARIAL SEAL DON TRAUBE Witness my hand Icia) seal. Notary Public LEMOYYc BOROUGH,CUMBERLAND COUNTY Notary Signature Cemmissioj Expires lu t 3,2013 Notary Public Printed Name Place Seal Here csZX 1Z Notary Public Commission Expiration Date WDGGovLnModgree -RMr2-*4- C nsn9i2014 B•17:57 AM CUMBERLAND COUNTY Inst.#201325844-Page 2 of 5 DO NOT WRITE BELOW THIS LINE THIS SECTION ISFOR INTERNAL Bank of�Am/'e�rica',�N.A. USE OnNLY^�� ¢ f �t7 i.ms'''k'4(.n+.Q-n t �'G cr/�d.� 0"�'� 0710°11., 1 1t%i+YT�V13is[.17(JAl- Bank of America, N.A., for itself or as successor by merger to BAC Home Loans Servicing, LP By: Urban Settlement Services, LLC, its attorney in fact By: Dated: APR 19 201-3 Name:Mathew p Title AMNIM1111 AMUMMIF [Space below this line for Acknowledgement] STATE OF woeakii COUNTY OF On AA, ,,r before me, VERAIVANOVNABIRYUK Notary Public, personally appeared malt heyi p1 o personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signatures(s)on the instrument the person(s), or entity upon behalf of which the person(s)acted, executed the instrument. WITNES y hand and official seal. AHMNotary Signature VERA IVANOVNA BIRYUK Jt Notary Public Printed Name Place Seal Here (9,14. r Notary Public Commission Expiration Date vERA IVANo�13IRYU NOTARY PUBLIC STATE OF COLORAC,7 NOTARY ID 20134000621 COMMISSION EXPIRES FEB.14,2DI7 WDGGovLnllodAgree ns/i4rPn14 P-17-S7 AM CUMBERLAND COUNTY Inst.#201325844-Page 3 of 5 Exhibit"A„ Legal Description ALL THAT CEWAtN tract or Parcel of fond and promises,situate,lykV and-being in the Borough of Mecttxitdbug In the County at Cumbeatand ttW Comi71Ovmofth of Pennsytvanta,more podWady desctibed as fofiows: &EGlNNING at a point on the north Ode of East Marble Street(SM feet vAdej at the dWKfmg One between Loh W3.5 and&Sa cflan"C"In the hereh7fler menlioned Plan of Lots;thence atoreg sgtd div$**VW.north IS dwees 39 minutes west.one tV-VKW fa'ty and sixty me hundredths 1140.411 feet to a Pars;fhence south 72 degrem 48 rNnusm west,a distmee of seventy f701 feet to Lot No.4.Sec#w'C"thence along 5Wd Lot No.4,Section'C"south 18 degrees 39 rritnutes east.oft hundred forty-two and thkhr 34gM hundredths(1423$)feet to the north**of East Mmbte Stroet;thenee oUV the north die of East Martie Street,north 71 degreses 21 minutes east,svdy and rwtosty seven hundredths(69.97)feet to Lot No.6,SeCtion"C",the*Ce of BEGINNNG, 03/19/2014 9:17:57 AM CUMBERLAND COUNTY inst.#201325844-Page 4 of 5 VERIFICATION L\I ' Cck hereby states that he/(g ist QAA Q YtW of Bank of America, NA, Plaintiff in this matter,that he sh is authorized to make this Verification and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S.Sec.4904 relating to unsworn falsification to authorities. Name: AJL Title: Q�Qr vi By: Bank of Anne`icl, N.A. J` File No: 188523 Borrower Name: James E. Domen,Jr.,a/k/a James E. Domen 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Bank of America, N.A.,successor by merger to CIVIL DIVISION BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP NO.: Plaintiff, c VS. James E. Domen,Jr.,a/k/a James E. Domen; Defendant. % 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 Mid Penn 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. Zucker,Goldberg&Ackerman,LLC XFP-188523 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.TIDS PROGRAM IS FREE. ZUCKER,GOLDBERG & C ERMAN, LLC By: �"10 Dated: Scott A. Dietferick, Esquire; PA I.D.#55650 / Kimberly A. Bonner, Esquire; PA I.D.#89705 l 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 T 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-188523/mti 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 (908)233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com Zucker,Goldberg&Ackerman,LLC XFP-188523 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 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: Zucker,Goldberg&Ackerman, LLC XFP-188523 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 2nd 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 ❑ No ❑ if yes,please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Zucker,Goldberg&Ackerman, LLC XFP-188523 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. [/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-188523 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Bank of America, N.A., successor by merger to CIVIL DIVISION BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP NO.: Plaintiff, VS. James E. Domen,Jr.,a/k/a James E. Domen; Defendant. 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-188523 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Bank of America, N.A.,successor by merger to CIVIL DIVISION BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP NO.: Plaintiff, VS. James E. Domen,Jr., a/k/a James E. Domen; Defendant. 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-188523 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-188523 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. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson F22` as` T j Sheriff 4' THE PROTHOi.i0 TA Jody S Smith Chief Deputy Richard W Stewart Solicitor eVPiCE OF IF# 4 DIFF 2f1 1 ti ,11.1ii 17 AN 9 CUMBERLAND CLUNI Y PENNSYLVANIA Bank of America vs. James E Domen, Jr Case Number 2014-3083 SHERIFF'S RETURN OF SERVICE 06/04/2014 10:41 AM - Sergeant Bryan D. Ward served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: James E Domen, Jr at the Cumberland County Sheriffs Office, One Courthouse Square, Carlisle, PA 17013. SHERIFF COST: $39.30 BRYAN D. WA3i', DEPUTY SO ANSWERS, June 04, 2014 RONIN' R ANDERSON, SHERIFF (c) CounlySuite Sh Te.eosoft, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Bank of America, N.A.,successor by merger to CIVIL DIVISION BAC Home Loans Servicing,LP FKA Countrywide . Home Loans Servicing, LP NO.: 14-3083 Civil C") r,., C-. Plaintiff, cz c. • VS. -` • . ril W C.- =-7-1=rn r"__- James E. Domen,Jr.,a/k/a James E. Domen; �a -ra'r, cnr— r.„,) - ;, Defendant. • -t-- .j- L r— --4 C >C--) I C.-::' C' E5 REQUEST FOR CONCILIATION CONFERENCE -'-*2-, —° .-• Crl 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 elating to unworn falsification to authorities. 4/�_ JIlam._.. ( z l't i. Sim•' ure o i w ndant's Counsel/Appointed Date L: Represent: ive die", ArrAILI\. i„....,/,/ S'•rature of De giant Da Signature of Defendant Date Zucker,Goldberg&Ackerman,LLC XFP-188523 LIMITED REPRESENTATION AGREEMENT: MORTGAGE FORECLOSURE DIVERSION PROGRAM This Agreement for legal representation and services is between William A. Duncan , a volunteer with the Cumberland County Mortgage Foreclosure Diversion Program, hereafter called the "Legal Representative," and James E. Domen ,hereafter called the "Client." The Client authorizes the Legal Representative to represent the Client in the Cumberland County Mortgage Foreclosure Diversion Program. The Client understands that this is a limited representation agreement, and the Legal Representative is not obligated to provide continuing representation to the Client after the initial Conciliation Conference and any rescheduled or supplemental Conciliation Conferences. By signing this document,the Client understands and agrees to the limited scope of this representation. • If the Client's case does not get resolved through the Conciliation process,the Legal Representative and the Client may decide to continue the representation of the Client in the Mortgage Foreclosure itself, but that representation would be by separate application and agreement and is not included in this agreement. The Legal Representative will assist with the Foreclosure Diversion Program but will not file legal documents in the case(other than any needed to continue with the Diversion Program)and will not enter an appearance in the foreclosure case. The Client understands that continuing representation in the Diversion Program is not guaranteed. I HAVE THE FOLLOWING RIGHTS AS A CLIENT: 1. To be consulted before any significant decision(including a settlement proposal) is made on my behalf, and to be given sufficient information to make an informed decision. 2. To have information regarding my case kept confidential. However, my Legal Representative may discuss certain facts of my case with other parties,to the extent that it is necessary for effective representation in this case. AS A CLIENT I PROMISE TO DO THE FOLLOWING: 1. To consult with and cooperate with my Legal Representative, especially before communicating any decisions to opposing counsel or the lender, during the conciliation process of this Program. 2. To provide the necessary financial and other information needed as part of the Diversion Program. LEGAL REPRESENTATIVE'S OBLIGATIONS: 1. To represent the Client free of charge, accepting no attorneys'fees from the Client. 2. To give the Client zealous but limited representation in the above-described legal matter. Or ,, 104.. 6(1.V/1 Cli: 41%'110 ce, Legal Representative y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP Plaintiff, vs. James E. Domen, Jr., a/k/a James E. Domen; Defendant. AND NOW, this 1 day of CIVIL DIVISION NO.: ly — 3dS3 etV/ CASE MANAGEMENT ORDER ,20/ 7 ,the defendant/borrower in th'e 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 d� 01.0/V at /. %�/.M. In 1' 4/ig *V 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-188523 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. n2•LEk J . Rc.-fao f445( LA) .bu,,,bca3 Zucker, Goldberg & Ackerman, LLC XFP-188523 BANK OF AMERICA, N.A., Plaintiff vs. JAMES E. DOMEN, JR., a/k/a JAMES E. DOMEN, Defendant AND NOW, this : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION — LAW : NO. 14-3083 CIVIL : MORTGAGE FORECLOSURE IN RE: CONCILIATION CONFERENCE ORDER `I" day of July, 2014, at the request of counsel for the defendant, the conciliation conference set for August 29, 2014, is continued to Friday, September 12, 2014, at 1:30 p.m. in Chambers of the undersigned. Jaime Ackerman, Esquire For the Plaintiff William A. Duncan, Esquire For the Defendant :rlm ES 11, --ILL) 7/0Y BY THE COURT, r %� tw Y• BANK OF AMERICA, N.A., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION — LAW : NO. 14-3083 CIVIL JAMES E. DOMEN, JR., a/k/a JAMES E. DOMEN, Defendant : MORTGAGE FORECLOSURE ORDER AND NOW, this 12th day of September, 2014, on agreement of the parties, the conciliation conference is continued until Friday, November 14th, 2014 at 3:30 PM. BY THE COURT, Jamie Ackerman, Esquire For the Plaintiff liam A. Duncan, Esquire For the Defendant :rlm ts rY&,1.-gcL Kevin • Hess, P. J. .77 • 7 ^:::) N.) " P. 7:- BANK OF AMERICA, N.A., Plaintiff vs. JAMES E. DOMEN, JR., a/k/a JAMES E. DOMEN, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION — LAW : NO. 14-3083 CIVIL : MORTGAGE FORECLOSURE IN RE: CONCILIATION CONFERENCE ORDER AND NOW, this day of November, 2014, the conciliation conference in this matter is continued generally, the matter to be relisted at the request of either party. BY THE COURT, 17. Kalph Salvia, Esquire For the Plaintiff "William A. Duncan, Esquire For the Defendant q :rim 0-elkat.e.s nettLcL /!/1?/, y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Bank of America, N.A., successor by merger to CIVIL DIVISION BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP NO.: 14-3083-CIVIL Plaintiff, vs. James E. Domen,Jr., a/k/a James E. Domen; : Defendant. 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 & KERMAN, LLC BY: Scott A. D' tterick, Esquire; PA I.D.#55650 Kimber) 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 Roger Fay, Esquire; PA I.D.#315987 Attorneys for Plaintiff XFP-188523/dcr 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX