HomeMy WebLinkAbout14-5678 Supreme Court of Pennsylvania
Cou rtdf Com On Pleas
'vi �` For Prothonotary Use Only:
➢hiv>Ei�Ct�v�er, heet y:
COMB'ERLAND F County Docket No:
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service of pleadings or other papers as required by law or rules of court.
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Commencement of Action:
S ® Complaint ❑ Writ of Summons ❑ Petition
❑ Transfer from Another Jurisdiction ❑ Declaration of Taking
E Lead Plaintiffs Name: U.S. Bank National Association,as trustee Lead Defendant's Name: Marlene A.Mancini
C for the holders of the CSFB Mortgage Pass-Through Certificates,
Series 2001-HE 16
T
Are money damages requested?: ❑Yes ® No Dollar Amount Requested: within arbitration limits
I (Check one)
O x outside arbitration limits
N 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 ❑ 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
l PRIMARY CASE.If you are making more than one type of claim,check the one that
you consider most important.
TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS
❑ Intentional ❑ Buyer Plaintiff Administrative Agencies
❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment
❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections
❑ Nuisance ❑ Dept.of Transportation
❑ Premises Liability ❑ Statutory Appeal: Other
❑ Product Liability(does not include
j Smass tort) [1 Employment Dispute:
E ❑ Slander/Libel/Defamation Discrimination
❑ Other: ❑ Employment Dispute: Other
C ❑ Zoning Board
T ❑ Other:
I MASS TORT El Other:
0
El Asbestos
❑ Tobacco
j N ❑ Toxic Tort-DES
❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
❑ Toxic Waste
El Ejectment ❑ Common Law/Statutory Arbitration
El Other:
j ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment
❑ Ground Rent El 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:
_--
Updated 1/1//2011
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
U.S. BANK NATIONAL ASSOCIATION, AS CIVIL DIVISION
TRUSTEE FOR THE HOLDERS OF THE CSFB t�' SCS 1 Q OVA
MORTGAGE PASS-THROUGH CERTIFICATES, NO.: �7
SERIES 2001-HE16, .
TYPE OF PLEADING
Plaintiff,
VS. CIVIL ACTION -COMPLAINT
IN MORTGAGE FORECLOSURE
Marlene A. Mancini;
FILED ON BEHALF OF:
Defendant.
U.S. Bank National Association, as trustee for
TO: DEFENDANT the holders of the CSFB Mortgage Pass-
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE
ENCLOSED COMPLAINT WITHIN TWENTY(20)DAYS Through Certificates,Series 2001-HE16
FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE Plaintiff
ENTERED AGAINST YOU.
I HEREBY CERTIFY THAT THE ADDRESS COUNSEL OF RECORD FORTH IS PARTY:
OF THE PLAINTIFF IS:
3815 South West Temple ZUCKER,GOLDBERG&ACKERMAN, LLC
P.O.Box 65250 Scott A. Dietterick, Esquire-Pa. I.D.#55650
Salt Lake City,UT 84115-4412
Kimberly A. Bonner, Esquire-Pa. I.D.#89705
AND THE DEFENDANT: Joel A.Ackerman, Esquire-Pa I.D.#202729
5635 Hillside Lane Ashleigh Levy Marin,Esquire-Pa I.D.#306799
Mechanicsburg,PA 17050-2061 Ralph M.Salvia, Esquire-Pa I.D.#202946
Jaime R.Ackerman, Esquire-Pa I.D.#311032
CERTIFICATE OF LOCATION Jana Fridfinnsdottir, Esquire-Pa I.D.#315944
I HEREBY CERTIFY THAT THE LOCATION OF Brian Nicholas, Esquire-Pa I.D.#317240
THE REAL ESTATE AFFECTED BY THIS LIEN IS Denise Carlon, Esquire-Pa I.D.#317226
5635 Hillside Lane,Mechanicsburg PA 17050-2061 Roger Fay, Esquire; PA I.D.#315987
Municipality: Hampden
Q/ 200 Sheffield Street,Suite 101
Mountainside, NJ 07092
ATTORrR PLAINTIFF (908)233-8500
<� c,;3
ATTY FILE NO.: FCZ 156325 Atty File No.: FCZ-156325
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ZD ::2 C_
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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.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
U.S. Bank National Association, as trustee for the CIVIL DIVISION
holders of the CSFB Mortgage Pass-Through
Certificates,Series 2001-HE16 NO.:
Plaintiff,
VS.
Marlene A. Mancini;
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
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
U.S. Bank National Association,as trustee for the CIVIL DIVISION
holders of the CSFB Mortgage Pass-Through
Certificates,Series 2001-HE16 NO.:
Plaintiff,
vs.
Marlene A. Mancini;
Defendant.
AVISO
LISTED 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) dias 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 caso puede proceder sin usted sin previo aviso y un fallo por cualquier suma de
dinero reclamada en la demanda 0 cua Iquier otra reclamaci6n o remedio solicitado por el
demandante, puede ser dictado en contra suva por la Corte. Usted 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
U.S. Bank National Association,as trustee for the CIVIL DIVISION
holders of the CSFB Mortgage Pass-Through
Certificates,Series 2001-HE16 NO.:
Plaintiff,
vs.
Marlene A. Mancini;
Defendant.
CIVIL ACTION -COMPLAINT IN MORTGAGE FORECLOSURE
And now comes U.S. Bank National Association, as trustee for the holders of the CSFB
Mortgage Pass-Through Certificates, Series 2001-HE16 , by its attorneys, Zucker, Goldberg &
Ackerman, LLC,and files this Complaint in Mortgage Foreclosure as follows:
1. The Plaintiff is U.S. Bank National Association, as trustee for the holders of the CSFB
Mortgage Pass-Through Certificates, Series 2001-HE16 (hereinafter "plaintiff") through its servicing
agent SELECT PORTFOLIO SERVICING, INC. located at 3815 South West Temple, P.O. Box 65250, Salt
Lake City, UT 84115-4412.
2. The Defendant, Marlene A. Mancini, is an individual whose last known address is
5635 Hillside Lane, Mechanicsburg, PA 17050-2061.
3. U.S. Bank National Association,as trustee for the holders of the CSFB Mortgage Pass-
Through Certificates, Series 2001-HE16 , directly or through an agent, has possession of the
Promissory Note. U.S. Bank National Association, as trustee for the holders of the CSFB Mortgage
Pass-Through Certificates, Series 2001-HE16 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 February 20, 2001, Marlene A. Mancini made, executed and delivered to
North American Mortgage Company a Mortgage in the original principal amount of $52,000.05 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 June 26, 2001, in Mortgage Book\Volume 1724, Page 473. The mortgage is a matter of public
record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(8), which rule
Zucker,Goldberg&Ackerman, LLC
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 February 10,
2005,the mortgage was assigned to U.S. Bank National Association, as trustee for the holders of the
CSFB Mortgage Pass-Through Certificates, Series 2001-HE16 which assignment is recorded in the
Office of the Recorder of Deeds for Cumberland County in Assignment Book 715, Page 668. The
Assignment 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.
6. Marlene A. Mancini, a single person is the record and real owner of the aforesaid
mortgaged premises.
7. Defendants are in default under the terms of the aforesaid Mortgage for, inter alia,
failure to pay the monthly installments of principal and interest due August 1, 2013.
8. As of 08/29/2014 the amount due and owing Plaintiff by Defendant(s) is as follows:
Principal $45,978.90
Interest through 08/29/2014 $5,605.82
Suspense Balance ($53.49) µA
Total Fees 3•$�
Recoverable Balance $179.00
Total $51,713-if5/� 7/� A
plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania Law,
actually and reasonably incurred by Plaintiff, including but not limited to, costs (including escrow
advances) and Plaintiff's attorneys' fees and expenses. Plaintiff reserves the right to file a motion in
the above-captioned action to add such additional sums authorized under the Mortgage and
Pennsylvania Law to the above amount due and owing when incurred.
9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's
Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or
Notice of Default as required by the mortgage document, as applicable, have been sent to the
Defendant(s).
Zucker,Goldberg&Ackerman, LLC
10. 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
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due of c�, �0 with interest thereon plus additional costs (including additional escrow
i sl, 71(/;09
advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged
premises.
ZUCKER,GOLDBERG &ACKERMAN, LLC
BY:
Dated: 3-1y ScottA ietterick, Esquire; PA I.D.#55650
KimbLfrlyA. 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
FCZ-156325/rj
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
MOMS
055
ADJUSTABLE _RATE NOTE
(LIBOR Index-Rate Caps)
THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE
AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE
CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE'I MUST PAY.
FEZ1BRUA
Y 20, 2001 HARRISBURG PA
tGityl Isla
HILLSIDE LANE, MECHANICSBURG, PA 12055
[Properly Address]
I. BORRCIH'I3R'S.PKOhiiSEIOPA��'
In return for a loan that I have received.T promise to pay U.S.$ b2,000.1)0 (this amount is called
"principal").plus interest.to the order of the Lender.The Lender is NORTH AMER I CAN.MDR TGAGE COMPANY
I understand that the bender may transfer this Note.The Lender or anyone who takes this Note by transfer and who Is
entitled to receive payments under this Note is called the"note Holder."
2. INTEREST
interest will be charged on unpaid principal until the full amount of principal has been.paid.-1 will pay interest at a
year]y rate of 10.525 %.1'he interest rate 2 will pay may change in accordance with Section 4 of this Note.
The interest rate required by this Section 2 and Section 4 or this Note is the rate I will pay both before and after any
default described in Section?(B)of this Note.
3. PAYMENTS
(A)Time and Place of Payments
I will pay principal and interest by making pay.mtnts every month.
I will make my monthl y payments on the firstday of each month beginning an APRIL 01, 2001
I will make these Payments every month until I have paid all or the principal and interest and any other charges described
below that I may owe ]ruder this Note. My monthly payments will he applied to interest: before principal. If, on
MARCH 01 .20 31 1 still owe amounts under this\nee,Iwill pay those amounts in full on that
date,which is called the"Maturity Date."
I will make my mtntthly payments at 3883 AIRWAY DRIVE, .SANTA ROSA, CA 95403
or at a different place if required by the Note Bolder:
(A)Amount of My Initial Monthly Payments
I3RCb of my initial monthly payments will be in the amount of U.S.S 480.54 This amount may
change.
(C)Monthly Payment Changes
Changes in my monthly payment will reflect changes in the unpaid principal of my kxin and in the interest rate that 1
must pay.The'.late Holder will determine my new interest rate and the changed amount of my monthly payment in.
accordance with Section 4 of this Noic.
4. INTEREST ILATE AND MONTHLY PAYMENTCHANGES
(A)Change Dates
The interest ratt I will pay may change on the first day of MARCH 2003 .and on that day
every sixth month'thereafter.Inch date on which my interest rate could change is called a"Change Date."
(11)Thr.Index
Beginning with the first Change 'Date,my interest rate will be based on an Index.The"Irxiex° is the average of
interbank offered rates for six-month U.S.dollar-denominated deposits in the Landon market("LIBOR"),as published in
The Wall Street Journal.The mast recent Index figure available as of the first business day of the month immediately,
preceding the month in which the Change Date oo"rs is called the"Current Index."
11 the.Index is no longer available,the.Note Molder will choose anew index that is based upon comparable information.
The Note Bolder will give me notice of this choice.
(C)Calculation of Changes
Before each Change Date,the'Note Holder will calculate my new interest rate by adding
SIX AND 00/100 percentage point(s)( B,p0q %)to the Current
Index. The Note Holder will then round the resell of ihis addition to the nearest one-eighth of one percentage point
(0.125%).Stibject to the limits stated in Section 4(D)below,this rounded amount will be my new interest rate until the
next Change Date.
The Note Bolder will then determine the amount of the monthly payment that would be sufficiertt to repay the unpaid
principal that T am expected to owe'at the Change Date in full on the Maturity Date at .my new interest rate in
substantially cgiral payments.'Me result of this calculation will be the new amount of my monthly payment.
MULTISTATE ADJUSTABLE RATE NOTE-LIBOR INDEX-Sigle Family
Y.�i 1 of i
.fVN816 to6th ELECTRONIC LASEn rnRVr,INC,10001327�0S4S Inkiaw—k"kk
Illlll�lllllllllllllll�llllllrlllllll 1111111 I�IIIIIIIIIIIBI�lflll�ll�lll
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(D)Limits on Interest Rate Changes
The interest fatal am required 10 pay at the first Grange D'ete will not be greater than 13.625 %
or less than 10.625 %.Thereafter, my interest rate will never be increased or decreased on any singic
Change Bate by more than ane percentage point(1.0%)from the rate of interest i have been paying for the preceding six
months.My interest rate will never be greater than 16,625 9a or less than 10.625 `�•
(E)Effective Date of Changes
Nly new interest rate will become effective on each Change bate.I will pay the amount of my new monthly payment
beginning an the first monthly payment date after the Change Date until the amount of my monthly payment changes
again.
(P)Notice of Changes
The Note}colder will deliver or-mail to me a notice of any changes in my interest rate and the amount of my monthly
payment before the effective date of any change.no notice will.include.information requi,,ed by law to be given me and
also the title and telephone number of a person who will answer any question I may have regarding the notice.
5. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of principal at any time before they are due.A payment of principal only.is,known
as a"prepayment."When I make a prepayment,I will tell the Vote Holder in writing that I am doing so.
I may make a full prepayment or partial prepayments without paying any prepayment charge.The Note Holder will
use all Of my prepayments to rednee the amount of principal that I owe under.this Note.If I.make a,partial prepayment,
there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those
changes.'My partial prepayment may reduce the amount of my monthly payments after the first Change Date following
my,partial prepayment.Ilowever,any reduction due to my partial prepayment may be offset by an interest rate increase:
6. LOAN CHARGES
If a laW,which applies to this loan and which sets maximum loan charges,is finally interpreted so that the interest or
other loan charges collected or to be collected in connection with this loan exceed'ihe permitted limits.then:(i)any such
loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit: and (ii) any sums'
already collected from me which exceeded permitted limits will be refunded to me.The Note Holder.may choose to make
this refund by reducing the principal I olive under this Note or by making a direct payment to me.If a refund reduces
principal,the reduction will be treated as a partial prepnymeni,
7. BORROW,ER'S FAILURE TO PAY AS REQUIRED
(A)Late Charges for Overdue Payments
If the Note 1 folder has not received the full amount of an y monthl y payment by the end of F 1 f TE EN
calendar days after the date it is due, 1.will pay a late charge to the Note:Holder.The amount of the charge will be
6.000 %of my overdue payment of principal and interest.I mill pay-this late.charge promptly but only
once on each late payment,
(6)Default
If I do not pay the full amount of each monthly payment on the date it is due,I-will be in default.
(C)Notice of Default
If I am in default,the Note Bolder may send me n written notice telling me that if I do not pay the overdue amount by
a certain date,the Note}colder:may require me to pay immediately the fall amount of principal which has not been paid
and oil the interest that I owe on that amount.That date must be at least 30 days after the date on which the notice is
delivered or mailed to me.
(D)No Waiver By Note Holder
Even if,at a time when I am in default,the Bole Holder does not require me to pay immediately in full as described
above,the Note Bolder will still have the right to do so if I,am in default at a later time.
(E) Payment of Nate Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full As described above,the Note!,folder will have:the right
to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable low.
Those expenses include,for example,reasonable attorneys'fees.
8. GIVING OP NOTICES
Unless applicable low requires a-different method,any notice that must be given to me under this Note will be given
by delivering it or by mailing it by first class mail to me at the Propsrty Address above or at.a different address if 1 give
the Note Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the
Note Holder at the.address stated in Section 3(A)above or at a different address if I.am given a notice of that different
address..
9. OBIIIGATIOI S OP PRRs4\S 11N'1)FR TMS NOTI,
If more than one person signs this Note,each person is fully and personal!y 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
ANote 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 Nrite,is also obligated to keep oil o the promises.made in ibis Note.The Note Holder
may enforce its rights tinder this Note.against each person.individually or against all of vs together.This means that any
one of us may he required to pay all of the amounts owed under this Note.
10. WAIVERS
I and any other person who has obligations tinder this Note wane the rights of presentment and notice of dishonor.
"!'resentment'means the right to require the Note holder.to demand payment of amounts due."Notice of dishonor"means
the right to require the Note Holder to give notice to other persons that amounts due have not been paid.
—N815 rossii oip 2 0 1 initials: k0u
-
I
iI. UN3Foxtii srcL-RFn noTr,
This Note is a uniform instrument with limited variations in some jurisdictions.In addition to the protections given to
the Note l colder under this Rote,a A9ortgage.Deed of Trust or S:'curity Deed(the"Security Instrument"),dated the some
date as this Note,protoos the Vote holder from possible losses which might result if I do not keep the promises that I Make
in this Note.That Security Instrument describes how and under what conditions lmay be required to make immediate
payment in full of all amounts I owe under this Kate.Some of those conditions are described as follows:
Transfer of the Property or a Berneficiai Interest in Borrower.If all at any,part of the Property or any interest
in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferrod and Borrower is not a natural
person)without Lender's prior written consent,Lender may,at its option,require immediate payment in full of all sums.
secured by this Security Instrument.however,this option shall not be exercised by Lender if exercise is prohibited by
federal taw as of the date of this Security Instrtuncnt.
If Lender exercises this option,Lender shall give}Borrower notice of acceleration.The notice shall provide a period of
not less than 30 days from the date Ow notice is delivered or mailed within which Bon-ower must pay all sums secured by
this Security Instrument.If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any
remedies permitted by this Security Instrument without further notice or demand on Borrower.
THE ATTACHED PREPAWENT NOTE ADDENDUM IS MADE A PART HEREOF.
WITNESS THE HAND(S)ANI)SF AL(S)OF TRR L'I�DRRS1G\1~I). ''
✓1(f./[.!''i.Ml_ k 1✓!-(.l-1l.Iw/L.' (Seat).
MARLENE A MANCINI -Harrower.
(seat)
- -Hnrrnwer
(Seal)
-Hormwer
(Seal)
-Borrower
(Sign 01191.61 00W
-Yft18tli sasyst mica a.i a
i
F
W'THOUT REo OUR6E,PAY 70
THE ORDER OF
"Til AMEIWcM UonGAGE COUP
AC,y
by
LMPAPKS, K E g
I
EXHIBIT B
Zucker,Goldberg&Ackerman, LLC
LEGAL DESCRIPTION
PROPERTY INFORMATION:
5635 Hillside Lane
Township of Hampden,PA
Parcel(s) 10-16-1060-019, Township of Hampden, Cumberland County
Mailing Address: 5635 Hillside Lane, Mechanicsburg, PA
ALIz THAT CERTAIN ho�r roe` of land and Presses Owef lying and being in Hampden Tlnwnship,
Crmb0arrd Cmnty,Per syivMA bOUnded aril ftWbed 09 tvllan, to Wit,
SEUIi' NING at A Irt at corner of lartd of 1� liars Bresf oo,which Point Is TOO 00)feet dito a pin on the
Ionic the CvnJ*st Cr k; 06 alc� the ilr s I land Villf m rc ►n, North rth F -rsir
degr W s#One undM 100)�tqa pih. t fe ewtem I�i1e f � fit ( )feet wide piit road
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e vote rid �n a8)degrees Fody 11+V0 05)�lnuts We$Etre*-nln6(70)AMd 6Ix T tha
,0 felt t pini r lands le c�0; th8fte aicr�6914 lande Maggie Ve i;South Slxty f r(84)
dor s ForlOve(4 Nnules Spst.Niriety-el0ht(69)feat to a Points which point IS TO(1 t3)Ieet d1sont m a
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Adria M� i 1.Nar#h Tmg'V-1 l (2 ) 9MOS FbM( a)MIK East Fft( )fee, more rr lass, t�
PLACE OF REEGINNING,
Pard# 10196-Iti-019
-3-
VERIFICATION
141ufKa Palacios Document Control Officer
I� (title), depose and
say subject to the penalties of 18 Pa.C.S.A.,sec.4904 relating to unsworn falsification to authorities that
the facts set forth in the foregoing pleading are true and correct to the best of my information,
knowledge and belief.
By: U.S. Bank National Association, as
trustee for a olders of the CSFB
Mortga Pas -Through Certificates,
Series 001- 16
Select Porffoli Ser Attorney In Pact
Name:
Title: p m ontrolOfficer
Niurka Palacios
File No: 156325
Borrower Name: Marlene A. Mancini
• r
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
U.S. Bank National Association, as trustee for the CIVIL DIVISION
holders of the CSFB Mortgage Pass-Through p G _
Certificates,Series 2001-HE16 NO.: S�Q ! c sr
e-<<�•ti � —c'rn
Plaintiff,
r,.3 Q
Vs.
C�
Marlene A. Mancini; c
c-
Defendant. y.�
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.
Zucker,Goldberg&Ackerman, LLC
FCZ-156325
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 &ACKERMAN, LLC
BAeL----
y:
Dated: Septembera3,2014 Scott A. a terick, squire; PA I.D.#55650
Kimbe y 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
FCZ-156325/ns
200 Sheffield Street,Suite 101
Mountainside, NJ 07092
(908)233-8500; (908) 233-1390 FAX
Email: Office@zuckergoldberg.com
Zucker,Goldberg&Ackerman, LLC
FCZ-156325
• 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
FCZ-156325
Assets Amount Owed: Value:
Home: $ $
Other Real Estate: $ $
Retirement Funds: $ $
Investments: $ $
Checking: $ $
Savings: $ $
Other: $ $
Automobile#1: Model: Year:
Amount owed: Value:
Automobile#2: Model: Year:
Amount owed: Value:
Monthly Income
Name of Employers:
1.
2.
3.
Additional Income Description (not wages):
1. Monthly amount:
2. Monthly amount:
Borrower Pay Days: Co-Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
2"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
Day/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:
Zucker,Goldberg&Ackerman, LLC
FCZ-156325
Have you made application for Homeowners Emergency Mortgage Assistance Program
(HEMAP)assistance?
Yes ❑ No ❑
If yes, please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your
delinquency?
Yes ❑ No ❑
If yes, please indicate the status of those negotiations:
Please provide the following information, if known, regarding your lender or lender's loan servicing
company:
Lender's Contact(Name): Phone:
Servicing Company(Name):
Contact: Phone:
AUTHORIZATION
I/We, ,authorize the above named to use/refer this
information to my lender/servicer for the sole purpose of evaluating my financial situation for possible
mortgage options. I/We understand that I/we am/are under no obligation to use the services provided
by the above named
Borrower Signature Date
Co-Borrower Signature Date
Please forward this document along with the following information to lender and lender's counsel:
V Proof of Income
V Past 2 bank statements
V Proof of any expected income for the last 45 days
V Copy of current utility bill
V Letter explaining reason for delinquency and any supporting documentation(hardship letter)
V Listing agreement(if property is currently on the market)
Zucker,Goldberg&Ackerman,LLC
FCZ-156325
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
U.S. Bank National Association, as trustee for the CIVIL DIVISION
holders of the CSFB Mortgage Pass-Through
Certificates,Series 2001-HE16 NO.:
Plaintiff,
VS.
Marlene A. Mancini;
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
FCZ-156325
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
U.S. Bank National Association,as trustee for the CIVIL DIVISION
holders of the CSFB Mortgage Pass-Through
Certificates,Series 2001-HE16 NO.:
Plaintiff,
VS.
Marlene A. Mancini;
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
FCZ-156325
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
FCZ-156325
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY,
rL
THE PROTH0tt0 TAR''
2QI i OCT 21 PM 2t 58
CO COUNTY
PENNSYLVANIA
OFF CW oF THE w4ERIFF
U.S. Bank National Association
vs. Case Number
Marlene A Mancini 2014-5678
SHERIFF'S RETURN OF SERVICE
10/09/2014 06:55 PM - Deputy Noah Cline, being duly sworn according to law, served the requested Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by
"personally" handing a true copy to a person representing themselves to be the Defendant, to wit:
Marlene A Mancini at 5635 Hillside Lane, Hampden Township, Mechanicsburg, PA 17050.
NOAH CLINE, DEPUTY
SHERIFF COST: $39.30 SO ANSWERS,
October 15, 2014
(c) CountySuite Sheriff, Teleosofi, Inc.
RONT4Y R ANDERSON, SHERIFF