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HomeMy WebLinkAbout14-5994 • For Prothonotary Use Only: 15uprLam c Sold oyP,nnsytv.a n i,a Cumbehind Docket No. rCE, lrl r��r ~�:_77, The it formation collected on this form is used solely for court administration purposes. This form docs not su»lement or re)lace 1hefifing and serilee o )leadin s or other pa)ets as required by Inti,or rales of court. Commencement of Action: S ®Complaint ❑ Writ of Summons ❑ Petition E ❑Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiffs Name:M&T Bank Lead Defendant's Name:Thomas N.Kounas T I Are there money damages requested? ❑ Yes ®No Dollar Amount Requested: ❑within arbitration limits j O (check one) ❑outside arbitration limits N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes ® No A Name of Plaintiff/Appellant's Attorney:McCabe,Weisberg&Conway,P.C. ❑ Check here if you have no attorney(a Self-Represented IPro Sel Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE.If you are making more than one type of claim,check the one that you consider most important. TORT(do not include 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 ❑Department of Transportation ❑Premises Liability(does not include ❑ Statutory Appeal:Other S mass tort) E ❑Slander/Libel/Defamation ❑Employment Dispute: ❑Other: Discrimination C ❑Employment Dispute:Other ❑Zoning Board T ❑Other I 1 O ❑Other N MASS TORT ❑Asbestos ❑Tobacco 11 1 ❑Toxic Tort-DES ❑Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS I3 ❑Toxic Waste ❑Ejectment ❑Common Law/Statutory Arbitration ❑Other: ❑Eminent Domain/Condemnation ❑Declaratory Judgment i ❑Ground Rent ❑Mandamus ❑Landlord/Tenant Dispute ❑Non-Domestic Relations ®Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABILITY ❑Mortgage Foreclosure:Commercial ❑Quo Warranto ❑Dental ❑Partition ❑Replevin ❑Legal ❑Quiet Title ❑Other: ❑Medical ❑Other: ❑Other Professional: l Updated 1/12011 IL ED-OFF No TAR Y OCT -�� ph C{/P$ER 1 ENNsyL AN LINTY to McCABE,WEISBERG& CONWAY,P.C. Attorneys for Plaintiff BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 MARC S. WEISBERG,ESQUIRE-ID# 17616 EDWARD D. CONWAY,ESQUIRE-ID#34687 MARGARET GAIRO, ESQUIRE-ID#34419 ANDREW L.MARKOWITZ,ESQUIRE-ID#28009 HEIDI R. SPIVAK,ESQUIRE-ID#74770 MARISA J. COHEN,ESQUIRE-ID#87830 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 ANN E. SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 JENNIFER L.WUNDER,ESQUIRE-ID#315954 LENA KRAVETS,ESQUIRE-ID#316421 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 215 790-1010 M&T Bank Cumberland County 1 Fountain Plaza. Court of Common Pleas Buffalo,NY 14203 Number V. Thomas N.Kounas 84 Silver Crown Drive Mechanicsburg,Pennsylvania 17050 COMPLAINT IN MORTGAGE FORECLOSURE a 31 o9O 79 NOTICE AVISO You have been sued in court. If you wish to Le han demandado a usted en la corte. Si defend against the claims set forth in the usted quiere defenderse de estas demandas following pages, you must take action within ex-puestas en las paginas siguientes, usted twenty (20) days after this complaint and tiene veinte (20) dias de plazo al partir de la notice are served, by entering a written fecha de la demanda y la notificacion. Hace appearance personally or by attorney and falta asentar una comparencia escrita o en filing in writing with the court your defenses persona o con un abogado y entregar a la corte or objections to the claims set forth against en forma escrita sus defensas o sus objeciones you. You are warned that if you fail to do so a las demandas en contra de su persona. Sea the case may proceed without you and a avisado que si usted no se defiende, la corte judgment may be entered against you by the tomara medidas y puede continuar la demanda court without further notice for any money en contra suya sin previo aviso o notificacion. claimed in the complaint or for any other Ademas, la corte puede decidir a favor del claim or relief requested by the plaintiff. You demandante y requiere que usted cumpla con may lose money or property or other rights todas las provisiones de esta demanda. Usted important to you. puede perder dinero o sus propiedades u otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU USTED LE DEBE TOMAR ESTE DO NOT HAVE A LAWYER, GO TO OR PAPEL A SU ABOGADO TELEPHONE THE OFFICE SET FORTH INMEDIATAMENTE.SI LISTED NO TIENE BELOW. THIS OFFICE CAN PROVIDE A UN ABOGADO, VA A O TELEFONEA YOU WITH INFORMATION ABOUT LA OFICINA EXPUSO ABAJO. ESTA HIRING A LAWYER. OFICINA LO PUEDE PROPORCIONAR IF YOU CANNOT AFFORD TO CON INFORMATION ACERCA DE HIRE A LAWYER,THIS OFFICE MAY BE EMPLEAR A UN ABOGADO. ABLE TO PROVIDE YOU WITH SI USTED NO PUEDE INFORMATION ABOUT AGENCIES THAT PROPORCIONAR PARA EMPLEAR UN MAY OFFER LEGAL SERVICES TO ABOGADO, ESTA OFICINA PUEDE SER ELIGIBLE PERSONS AT A REDUCED FEE CAPAZ DE PROPORCIONARLO CON OR NO FEE. INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS Cumberland County Bar Association SERVICIOS LEGALES A PERSONAS 32 South Bedford Street ELEGIBLES EN UN HONORARIO Carlisle, PA 17013 REDUCIDO NI NINGUN HONORARIO. (800) 990-9108 Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 (800)990-9108 File#76012 Page 2 This is a communication from a debt collector who is attempting to collect a delft,and any information obtained will be used for that purpose. Please Note: (1) unless,within thirty (30)days after your receipt of this notice,you dispute the validity of the debt, or any portion of the debt,we will assume that the debt is valid; (2) if you notify us in writing within thirty (30) days of your receipt of this notice that the debt, or a portion of the debt, is disputed,we will cease collection of the debt until we obtain verification of the debt or a copy of the judgment against you and mail to you a copy of the verification or,judgment that we obtain; (3) upon your written request to us within thirty (30) days of your receipt of this notice for the name and address of the original creditor of your debt,we will cease collection of the debt until we mail to you the name and address of the original creditor,if different from the current creditor. Case Name: M&T Bank v.Thomas N.Kounas Cumberland County File#76012 Page 3 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is M&T Bank,duly organized and doing business at the above-captioned address. 2. The Defendant is Thomas N.Kounas,who is a mortgagor and real owner of the mortgaged property hereinafter described, whose last-known address is 84 Silver Crown Drive, Mechanicsburg, Pennsylvania 17050. 3. On June 9,2005,Thomas N.Kounas and Josephine M.Kounas,mortgagors,made,executed and delivered a mortgage upon the premises hereinafter described to Manufacturers and Traders Trust Company which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1911,Page 0909(the "Mortgage"), such Mortgage being incorporated herein by reference pursuant to Rule 1019(g)Pa.R. C.P. 4. On June 9,2005,Thomas N.Kounas and Josephine M.Kounas,also executed an Adjustable Rate Note secured by the aforementioned mortgage. Plaintiff,directly or through an agent,is in possession of the note and is the holder of the note with the right to enforce it;the note is either made payable to plaintiff or has been duly endorsed. 5. Pursuant to Restated Organization Certificate of Manufacturers and Traders Trust Company executed on July 6,2004,Manufacturers and Traders Trust Company is also known as M&T Bank,Plaintiff herein. 6. On November 5,2007,Josephine M Kounas departed this life leaving title vested solely in Thomas N.Kounas by operation of law. 7. The premises subject to said mortgage is described in the legal description attached as Exhibit"A" and is known as 84 Silver Crown Drive,Mechanicsburg,Pennsylvania 17050. 8. The mortgage is in default because monthly payments of principal and interest upon said mortgage due March 9, 2013 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all File#76012 Page 4 interest due thereon are collectible forthwith. 9. The following amounts are due on the mortgage: Principal Balance $ 151,294.33 Interest through March 27, 2014 $ 5,409.19 - (Interest ,409.19 "(Interest due and owing at a variable rate,currently$12.43 per diem) Late Charges $ 106.08 Attorney's Fee $ 1,650.00 Property Evaluation Fees $ 100.00 Property Inspection Fees $ 14.00 GRAND TOTAL $ 158,573.60 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff s sale. If the mortgage is reinstated prior to sale, reasonable and actually incurred attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 10. Plaintiff complied with all notice requirements as prescribed by 41 P.S. §101, et seq.(Act 6), and 35 P.S. 1680.401c,et seq. (Act 91), as applicable. WHEREFORE,Plaintiff demands in rem Judgment against the Defendant in the sum of$158,573.60, together with interest due and owing at a variable rate, currently $12.43 per diem, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE,WEISBERG& CONWAY,P.C. BY: [ ]Terrence J.McCab ,Esquire [ ]Marc S.Weisberg,Esquire [ ]Edward D.Conway,Esquire [ Margaret Gairo,Esquire [ ]Andrew L.Markowitz,Esquire Heidi R. Spivak,Esquire [ ]Marisa J.Cohen,Esquire [ ]Christine L.Graham,Esquire [ ]Brian T.LaManna,Esquire [ ]Ann E.Swartz,Esquire [ ]Joseph F.Riga,Esquire [ ]Joseph 1.Foley,Esquire [ ]Celine P.DerKrikorian,Esquire [ ]Jennifer L.Wunder,Esquire [ ]Lena Kravets,Esquire Attorneys for Plaintiff File#76012 Page 5 VERIFICATION Alicia Oliver ,hereby states that he/she is Assistant Vice President of M&T Bank, Plaintiff in this matter, that he/she is authorized to make this Verification, and verify that the statements of fact 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 f si cation to authorities. Name: Alicia Oliver DATE: Q01i( Title: Assistant Vice President File#: 76012 Name: M&T Bank v.Thomas N.Kounas File#76012 Page 6 Exhibit "A" SII that crrtaio pircc or parcel of land, situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: i BEGINNING at a point on the northern side of Silver Crown Drive at the dividing line between Lots Nos. 23 and 24 on the hereinafter mentioned Plan of Lots; thence along the northern side of Silver Crown Drive, North 87 degrees 13 minutes West, a distance of one hundred (100) feet to the dividing line between Lots Nos. 24 and 25; thence along said dividing line North 02, degrees 47 minutes East, a distance of one hundred fifty (150) feet to a point; thence South 87 degrees 13 minutes East, a distance of one hundred (100) feet to the dividing line between Lots Nos, 23 and 24 on the hereinafter mentioned.Plan; thence along said dividing line South 02 degrees 47 minutes West, a distance of one hundred fifty (150) feet to the northern side of Silver Crown Drive, the point or place of BEGINNING. BEING Lot No. 24 on the Plan of Bali Hai Section 2 as recorded in the Cumberland County Recorder's Office in Plan Book 20, Page 64. UNDER AND SUBJECT to easements and restrictions of record. BEING the same premises which Joseph R. Nokovich. and Mary E. Nokovich, his wife, by Deed dated February 10, 1976 and recorded in the Office ofthe Recorder of Deeds in and for Cumberland County in Deed Book , Volume , Page , granted and conveyed unto Robert D. Leisenring, Inc., a Pennsylvania Corporation, Grantor herein. HAVING thereon erected a brick dwelling house known as Silver Crown Road, Silver Spri�ng// Township, Cumberland County, Pennsylvania. io,rmhlp of YY:.:.:� . ���1Z9o7N"bS+'+G"l�Ka Cumb. Co., Pe. •• School Dist. Comb. Co., e. -Tx K.d 10M.T..,d.r Toa R.d 6004 T,-sf.r TLor— COMMONWEALTH OF PENNSYLVANIA (,:/s�94 AT,a 9: O.t, .6:�....l Amr. D ua DEPARiMENI OF REVENUE _ s/ m PEATY s� ['c TRANSFER TAX j1 76 Cumb.Co.010.C ��t. /5� Cumb. o.04t.Col.Agf. �J o P8.11152 — A i vn m mPe rooms . O. io�rn 500x(126 PAGE 175 ~� A Q1 FORM 1 M&1" Bank IN THE COURT OF COMMON PLEAS OF A, Plaintiff CUMBERLAND COUN"rY, PENNSYL\2N0 Josephine M Kounas and Thomas N. Kounas ivil "<z � ' Defendants < "m C)_11 ­4 3 NOTICE OF RESIDENTIAL MORTGAGE FORECLOSAJRE =� DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action,you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer,you must take the following steps to be eligible for a conciliation conference.First,within twenty(20)days of your receipt of this notice,you must contact MidPenn Legal Services at(717)243-9400 extension 2510 or(800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative,you must promptly meet with that legal representative within twenty(20)days of the appointment date. During that meeting,you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60)days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer,you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However,you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty(60)days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE.THIS PROGRAM IS FREE. Respectfully su itted: I © � Date [Signature of C unsel for Plaintiff] 76012 Page I FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date: Cumberland County Court of Common Pleas Docket# BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: -CUSTOM Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes❑No❑ Listing date: Price$ Realtor Name: Realtor Phone: Borrower Occupied? Yes❑No❑ Mailing Address(if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people on household: How long? CO-BORROWER Mailing Address(if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people on household: How long? 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 Payment Amount$ Included Taxes&Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes 0 No 0 If yes,provide names,location of court,case number&attorney: Assets Amount Owed: Value Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile#1: Model: Year: Amount owed: Value: Automobile#2: Model: Year: Amount owed: Value: Other transportation(automobiles,boats,motorcycles): Model Year: Amount owed: Value: Monthly Income Name of Employers: 1. 2. 3. Additional Income Description(not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2"d Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Da /Child Care/Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income&Expenses: Have you been working with a Housing Counseling Agency? Yes❑No❑ If yes,please provide the following information: Counseling Agency: Counselor: Phone(Office): Fax: 2 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program(HEMAP)assistance? Yes ❑ No❑ If yes,please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your deliquency? Yes❑No❑ If yes,please indicate the status of those negotiations: Please provide the following information, if known,regarding your lender or lender's loan servicing company: Lender's Contact(Name): Phone: Servicing Company(Name): Contact: Phone: I/We, , authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obiligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: Proof of income Past 2 bank statements Proof of any expected income for the last 45 days Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement(if property is currently on the market) 3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY RonnyRAnderson ;''ILED-OFFICE Sheriff OF THE PRO T HOMO 3-A torri Jody s Smith 2014 OCT 21 PH 2: 58 ra Chief Deputy Richard W Stewart - CUMBERLAND COUNTY Solicitor OFFICE OF Hwy ER1FF PENNSYLVANIA M&T Bank Case Number vs. Josephine M Kounas (et al.) 2014-5994 SHERIFF'S RETURN OF SERVICE 10/09/2014 07:43 PM - Deputy Jamie DiMartile, 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: Thomas N Kounas at 84 Silver Crown Drive, Silver Spring Township, Mechanicsburg, PA 17050. ARK k IE DIMARTILE, DEPUTY SHERIFF COST: $39.30 SO ANSWERS, October 15, 2014 (c) CountySuite Sherif!, Teieosoft, Inc. RONR ANDERSON, SHERIFF y McCABE, WEISBERG & CONWAY, P.C. BY: JOSEPH I. FOLEY, ESQUIRE - ID # 314675 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 M&T Bank Plaintiff v. Thomas N. Kounas Defendant F O i HOMO TA ? .12 P!12:50 r. p; 'CO O riN l, ;tSYL' ANI Cumberland County Court of Common Pleas No. 14 -5994 -Civil • MOTION TO LIFT STAY OF PROCEEDINGS Plaintiff, M&T Bank, hereby motions this Court to remove the captioned mortgage foreclosure action from the Cumberland County Residential Mortgage Foreclosure Program ("the Program"), and in support thereof avers as follows: 1. This is an action in mortgage foreclosure brought by M&T Bank against Thomas N. Kounas. 2. This case is currently under a stay pursuant to paragraph (b) of the Cumberland County Administrative Order dated February 28, 2012, which establishes the Mortgage Foreclosure Diversion Program. 3. Thomas N. Kounas was served a true and correct copy of the original complaint in mortgage foreclosure, filed on October, 2014, to his last known address of 84 Silver Crown Drive, Mechanicsburg, Pennsylvania 17050. A true and correct copy of the Sheriff's Return of Service is attached hereto as Exhibit “A1, 4. Thomas N. Kounas was served with the Notice of Residential Mortgage Foreclosure Diversion Program and Financial Worksheet on October 9, 2014 to his last known address of 84 Silver Crown Drive, Mechanicsburg, Pennsylvania 17050. A true and correct copy of the Notice of Residential Mortgage Foreclosure Diversion Program is attached hereto as Exhibit "B". 1 5. It has been more than sixty days since Defendant(s) was served with the Notice of Residential Mortgage Foreclosure Diversion Program and Financial Worksheet and Defendant(s) has not elected to participate in the Program by taking the affirmative steps identified in the Notice of Residential Mortgage Foreclosure Diversion Program, and has not filed a Request for Conciliation Conference. 6. For the reasons set forth herein, the aforementioned stay of proceedings should be lifted to allow Plaintiff to proceed with the instant mortgage foreclosure action. WHEREFORE, it is respectfully requested that the Court enter an Order lifting the stay of proceedings, and for such further relief as the Court deems appropriate. MCCABE, WEISBERG & • WAY, P.C. By: oseph I. F McCABE, WEISBERG AND CONWAY, P.C. BY: JOSEPH I. FOLEY, ESQUIRE - ID # 314675 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 M&T Bank Plaintiff v. Thomas N. Kounas Defendant Attorneys for Plaintiff Cumberland County Court of Common Pleas No. 14 -5994 -Civil CERTIFICATE OF SERVICE I, Joseph I. Foley, Esquire, hereby certify that a true and correct copy of Plaintiff's Motion to Lift the Stay of Proceedings Pursuant to Cumberland County Administrative Order dated February 28, 2012, was served on the below named person(s) by regular first class mail, postage prepaid, on December 11, 2014. Thomas N. Kounas 84 Silver Crown Drive, Mechanicsburg, Pennsylvania 17050 Dated: 12 / i r J• eph I. Foley, Esquire '7 • Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard.W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY f • •:yrf;c;:. 1 U M&T Bank vs. Josephine M Kaunas (et al.) CaseNumber 2014-5994 SHERIFF'S RETURN OF SERVICE = , 0%, 4 • 1n/09/2014 n7'43 PM - Deputy Jamie DilVlartile, 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: Thomas N Kounas at 84 Silver Crown Drive, Silver Spring Township, Mechanicsburg, PA 17050. .t • 4 E DIMARTILE, EPUTY , SHERIFF COST: $39.30 October 15, 2014 ttjLL CC; SO ANSWERS, • • kRONN( R ANDERSON, SHERIFF : lc) County:50o Shontr, T..meosorf Inc. • Exhibit A FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date: Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUSTOMER/PRIMARY APPLICANT Borrower name(s): Property Address: City: State: Is the property for sale? Yes 0 No 0 Listing date: Price Realtor Name: Borrower Occupied? Yes 0 No 0 Mailing Address (if different): City: Phone Numbers: Home: CeII: Email: # of people on household: Realtor Phone: Zip: State: Office: Other: Zip: How long? CO -BORROWER Mailing Address (if different): City: State: Phone Numbers: Home: Office: Cell: Other: Email: # of people on household: Zip: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Second Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Total Mortgage Payment Amount $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes 0 No 0 If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2: Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): 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 0 No 0 If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: 2 Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes 0 No 0 If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your deliquency? Yes D No D 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: 1/We, named Phone: , authorize the above to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. 1/We understand that 1/we am/are under no obiligation to use the services provided by the above named Borrower Signature Co -Borrower Signature Date Date Please forward this document along with the following information to lender and lender's counsel: f Proof of income Past 2 bank statements f Proof of any expected income for the last 45 days f Copy of a current utility bill • Letter explaining reason for delinquency and any supporting documentation (hardship letter) f Listing agreement (if property is currently on the market) McCABE, WEISBERG & CONWAY, P.C. BY: JOSEPH I. FOLEY, ESQUIRE - ID # 314675 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 M&T Bank Plaintiff v. Thomas N. Kounas Defendant PROT <«I L, DEC 16 Hi 3: 2.6 CUMBERLAND COUNTY PENNSYLVANIA Cumberland County Court of Common Pleas No. 14 -5994 -Civil ORDER AND NOW, this /10. day of .3e.e r 20 "1 , upon consideration of Plaintiff's Motion to Lift the Stay of Proceedings Pursuant to Cumberland County Administrative Order dated February 28, 2012, and any opposition thereto, it is hereby ORDERED and DECREED that: The stay of proceedings is hereby lifted, and Plaintiff may proceed with it's action in mortgage foreclosure in accordance with the applicable rules of civil procedure. BY THE COURT: