Loading...
HomeMy WebLinkAbout14-6473 Supreme Courtof Pennsylvania C o u At f C mfr" Pleas l'IVllwl. over,�eet For Prothonotary Use Only: C �V1B RL ND'a, .� COU.IIty 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 ofpleadings or other papers as required by law or rules of court. Commencement of Action: I S ® Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E Lead Plaintiffs Name: Deutsche Bank National Trust Company,as Lead Defendant's Name: William J.Ragni C Indenture Trustee,on behalf of the holders of the Accredited Mortgage Loan Trust 2004-1 Asset Backed Notes ET Are money damages requested?: ❑Yes ® No Dollar Amount Requested: within arbitration limits I (Check one) U x outside arbitration limits N Is this a Class Action Suit? ❑Yes ® No Is this an MDJAppeal? ❑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 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 El Board of Elections El Nuisance ❑ Dept.of Transportation j ❑ Premises Liability ❑ Statutory Appeal: Other S ❑ Product Liability(does not include mass tort) ❑ Employment Dispute: } E ElSlander/Libel/Defamation Discrimination ❑ Other: ❑ Employment Dispute: Other C ❑ Zoning Board T ❑ Other: I MASS TORT ❑ Other: O El Asbestos ❑ Tobacco N ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS # ❑ Toxic Waste 4 El Other: ❑ Ejectment ElCommon Law/Statutory Arbitration ❑ 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: y ❑ Other Professional: I E Updated 1/1//2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, CIVIL DIVISION ' AS INDENTURE TRUSTEE, ON BEHALF OF THE HOLDERS OF THE ACCREDITED MORTGAGE NO.: i ~! 1 , LOAN TRUST 2004-1 ASSET BACKED NOTES, TYPE OF PLEADING Plaintiff, vs. ,.q CIVIL ACTION -COMPLAINT IN MORTGAGE FORECLOSURE William J. Ragni; Michelle Lee Ragni; FILED ON BEHALF OF: Defendants. Deutsche Bank National Trust Company as TO: DEFENDANTS Indenture Trustee on behalf of the holders of YOU ARE HEREBY NOTIFIED TO PLEAD TO THE the Accredited Mortage Loan Trust 2004-1 ENCLOSED COMPLAINT WITHIN TWENTY(20)DAYS Asset Backed Notes FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. COUNSEL OF RECORD FOR THIS PARTY: I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: ZUCKER,GOLDBERG&ACKERMAN, LLC 3815 South West Temple 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 1451 Ryland Drive Ashleigh Levy Marin, Esquire-Pa I.D.#306799 Mechanicsburg,PA 17050 Ralph M.Salvia, Esquire-Pa I.D. #202946 Jaime R.Ackerman, Esquire-Pa I.D.#31103-2--- 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 1451 Ryland Drive mechapoicsburg PA 17050 Munici ali Ham de 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 ATrOR F F (908)233-8500 (908)233-1390 FAX ATTY F NO.:XCP 190518 office@zuckergoldberg.com File No.:XCP- 190518/bbec S 0.�u- - : (15 .75 7 LA, 2 3� �67a 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as CIVIL DIVISION Indenture Trustee,on behalf of the holders of the Accredited Mortgage Loan Trust 2004-1 NO.: Asset Backed Notes Plaintiff, VS. William J. Ragni; Michelle Lee Ragni; Defendants. 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 Deutsche Bank National Trust Company,as CIVIL DIVISION Indenture Trustee,on behalf of the holders of the Accredited Mortgage Loan Trust 2004-1 NO.: Asset Backed Notes Plaintiff, VS. William J. Ragni; Michelle Lee Ragni; Defendants. AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de la demanda establecida en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion 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 reclamacion 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 DOCLIMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO O NO PUEDE PAGAR UNO, 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 Deutsche Bank National Trust Company,as CIVIL DIVISION Indenture Trustee, on behalf of the holders of the Accredited Mortgage Loan Trust 2004-1 NO.: Asset Backed Notes Plaintiff, VS. William J. Ragni; Michelle Lee Ragni; Defendants. CIVIL ACTION-COMPLAINT IN MORTGAGE FORECLOSURE And now comes Deutsche Bank National Trust Company,as Indenture Trustee,on behalf of the holders of the Accredited Mortgage Loan Trust 2004-1 Asset Backed Notes, by its attorneys, Zucker, Goldberg&Ackerman, LLC, and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Deutsche Bank National Trust Company, as Indenture Trustee, on behalf of the holders of the Accredited Mortgage Loan Trust 2004-1 Asset Backed Notes, (hereinafter "plaintiff") through its servicing agent SELECT PORTFOLIO SERVICING, INC. located at 3815 South West Temple P.O. Box 65250,Salt Lake City, LIT 84115-4412. 2. The Defendant, William J. Ragni, is an individual whose last known address is 1451 Ryland Drive, Mechanicsburg, PA 17050. 3. The Defendant, Michelle Lee Ragni, is an individual whose last known address is 1451 Ryland Drive, Mechanicsburg, PA 17050.. 4. Deutsche Bank National Trust Company, as Indenture Trustee, on behalf of the holders of the Accredited Mortgage Loan Trust 2004-1 Asset Backed Notes, directly or through an agent, has possession of the Promissory Note. Deutsche Bank National Trust Company, as Indenture Trustee, on behalf of the holders of the Accredited Mortgage Loan Trust 2004-1 Asset Backed Notes 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. 5. On or about December 31, 2003, William J Ragni and Michelle Lee Ragni, Husband and Wife made, executed and delivered to Mortgage Electronic Registration Inc., as nominee for Accredited Home Lenders, Inc. a Mortgage in the original principal amount of $139,750.00 on the Zucker,Goldberg&Ackerman, LLC 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 January 12, 2004, in Mortgage Book\Volume 1850, Page 4947. The mortgage 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• Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded October 11, 2011, the mortgage was assigned to Deutsche Bank National Trust Company, as Indenture Trustee, on behalf of the holders of the Accredited Mortgage Loan Trust 2004-1 Asset Backed Notes. which assignment is recorded in the Office of the Recorder of Deeds for Cumberland County, Instrument #201128004. 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. 7. William J. Ragni and Michelle Lee Ragni, husband and wife are record and real owners 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 February 1,2014. 9• As of 10/24/2014 the amount due and owing Plaintiff by Defendant(s) is as follows: Principal $121,072.72 Interest through 10/24/2014 $6,782.75 Escrow Advance $1,932.96 Total Fees $187.18 Late Charges $968.92 Recoverable Balance $1,421.19 Total $132,365.72 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. Zucker,Goldberg&Ackerman,LLC 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 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 Defendant(s) 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 $132,365.72 with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. ZUCKER,GOLDBER CKE , LLC BY: Dated: Scott A. D' Brick, Esquire; PA I.D.#55650 Kimberly A. Bonner, Esquire; PA I.D.#89705 Joel A.Ackerman, Esquire; PA I.D.#202729 Ashleigh L. Marin, Esquire; PA I.D.#306799 Ralph M.Salvia, Esquire;PA I.D. #202946 Jaime R.Ackerman, Esquire; PA I.D.#311032,,_ Jana Fridfinnsdottir, Esquire; PA I.D.#315944 Brian Nicholas, Esquire; PA I.D.#317240 Denise Carlon, Esquire; PA I.D.#317226 Attorneys for Plaintiff XCP-190518/bbec. 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 (908)233-8500;(908)233-1390 FAX Email: Office@zuckergoldberg.com THIS IS'AN ATTEMPT TO COLLECT ADEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT.PURPOSE. Zucker,Goldberg&Ackerman, LLC EXHIBIT A b a j II I Y Zucker,Goldberg&Ackerman, LLC 1 . ADJUSTABLE RATE NOTE (LIBOR Index - Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. 12/31/2003 MECHANICSBURG PENNSYLVANIA [City] [State] 1451 RYLAND DRIVE , MECHANICSBURG, PA 17050 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S.$ $139,750.00 (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is Accredited Home Lenders, Inc., A California Corporation 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of 6.950 8. The interest rate I will pay will change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Sections 4 of this Note is the rate I will pay both before and after any default described in section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the lst day of each month beginning on March 1, 2004 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on February 01, 2034 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date". I will make my monthly payments at p,0• Box 502480 San Diego, CA 92150-2480 , or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments 'Each of my initial monthly payments will be in the amount of U.S.$925.08 This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the 1st day of February 2007 and on that day every sixth month thereafter. Each date on which my interest rate could change is called a "Change Date". (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market("LIBOR"), as published in the Wall Street Journal. The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index". If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder 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 Five And Forty-five Hundredth(s) percentage points( 5.450 8) to the Current Index. The Note Holder will then round the result of this addition to the nearest of one-eighth of one percentage point (0.125%) . Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. MULTISTATE ADJUSTABLE RATE NOTE-LIBOR INDEX - Single Family - FHLMC - 6 Month Fo— 3590 7/92 (modified) AHL modified 9/97 inifi.k- MIN 1 RAGNI Loan —1. 77n1-1 11— � I /O P.— 1 of Z (k The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the maturity date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 8.450 % or less than 6.950 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than One And One-half percentage point ( 1.500 $) from the rate of interest I have been paying for the preceding six months. My interest rate will never be greater than 13.950 % or less than 6.950 % (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder 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. The notice will include information required 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 Prepayment Charge Rider to the Note attached hereto. 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 Note Holder in writing that I am doing so. I may make a full prepayment or partial prepayments. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no change 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. However, 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 the 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 owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial payment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of Ten calendar days after the date it is due, I 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 will pay this late charge promptly but only once on each late payment. (B) 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 Holder may send.me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require. me to pay immediately the full amount of principal which has not been paid and all 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 Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder 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 law. Those expenses include, for example, reasonable attorneys' fees. MULTISTATE ADJUSTABLE RATE NOTE-LIBOR INDEX - Single Family - FHLMC - 6 Month Form 3590 7/92 (modified) AHL modified 9/97 Initials: ,` /^y�( 01� MIN 9 RAGNI Loan i M. � Tui. 7inl-7 11CC Oanp 7 of Z Is 8. GIVING OF NOTICES Unless applicable law 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 Property Address above or at a different address if I 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. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one persons signs his 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 all of the promises made in this Note. The Note Holder may enforce its right under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS I 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 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. 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security instrument"), dated the same date as this Note, protects the Note 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 I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred 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 such exercise is prohibited by applicable law. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which borrower 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. Witness The Hand(s) and Seaiil,,((s)) Of The Undersigned )�? V V Borrower Borrower WILLIAM J. RAGNI MICHELLE LEE RAGNI (Seal) (Seal) Borrower Borrower (seal) _ (Seal) Borrower Borrower _(Seal) (Seal) Borrower Borrower Sign original Only MULTISTATE ADJUSTABLE BATE NOTE-LIBOR INDEX - Single Family - FHlMC - 6 Month Form 3590 7/92 (modified) AHL modified 9/97 MIN 4 RAGNI Loan N AHI. 2301-3.UFF Pace 3 of 3 Loan No: Mortgagee: WILLIAM J. RAGNI, MICHELLE LEE RAGNI Address: 1951 RYLAND DRIVE MECHANICSBURG, PA 17050 Loan Amount:$139,750.00 ALLONGE TO NOTE PAY TO THE ORDER OF: WIW ECOURSE , , - �2, ilomena A Labao Assistant Secretary Accredited Home Lenders, Inc., A California Corporation MIN $ RAGNI Loan A AHL 620017.UFF Page 1 of 1 Legal Description Addendum Borrowers:WILLIAM J. RAGNI, MICHELLE LEE RAGNI Loan li Property Address:1451 RYLAND DRIVE MECHANICSBURG, PA 17050 Legal Description SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE APART THEREOF lnitial—�� MIN t .. RAGNI Loan t AHL 610101.UFF Page 1 of 1 y � �-VQ: EXHIBIT B Zucker,Goldberg&Ackerman, LLC Conestoga Title Insurance Company Commitment Number: SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: All that certain parcel of land situate in Hampden Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described to wit: Beginning at a point on the north right-of-way line of Valley Brook Drive,said point being located South 33 degrees 32 minutes 35 seconds West a distance of 8.89 feet from the intersection of the west right-of-way line of Ryland Drive and north right-of-way line of Valleybrook Drive and being the northwest corner of Valleybrook Drive as conveyed to Hampden Township and indicated on the approved Revised Final Subdivision Plan for Hampden Hearth Phase I; Thence south 33 degrees 32 minutes 35 seconds West along other lands of Hampden Hearth Joint Venture,a distance of 91.81 feet to a point at the corner of other lands of Hampden Hearth Joint Venture; Thence North 49 degrees 42 minutes 49 seconds West, along the same;a distance of 112.34 feet to a concrete monument on the same and being the southern corner of Lot 39; Thence North 37 degrees 25 minutes 26 seconds East, along the southeast line of Lot 39, a distance of 100.12 feet to a point on the west right-of-way line of Byland Drive and being the eastern corner of Lot 39; Thence South 49 degrees 42 minutes 50 seconds East along the west right-of-way line of Ryland Drive, a distance of 96.63 feet to a point of curvature; Thence on a curve to the right having a radius of 10.00 feet, an arc length of 14.53 feet, a delta angle of 83 degrees 15 minutes 25 seconds, a chord bearing South 08 degrees 05 minutes 07 seconds East a distance of 13.29 feet to the point of beginning, and containing 10,876.97 square feet or 0.250 acres of land more or less. Being Lot 38 on the Revised Final Subdivision Plan Phase I, Hampden Hearth, recorded in Plan Book 61, page 13, Cumberland County Courthouse. Under and Subject to certain restrictions and easements filed on September 21, 1987, in Misc. Book 340, page 491, in Cumberland County, Pennsylvania. Parcel#: 10-16-1062-069 FOR INFORMATIONAL PURPOSES ONLY. Cumberland County has property assessed as 1451 Ryland Drive and Valleybrook Drive I cc rtify this to be recorded In Cumberland County.PA p ecorder of Deeds ALTA Commitment Schedule C . . 11)r'49 3 VERIFICATION Ryan Fullmer, 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. Select Portfollo Servicing, Inc. as Attorney,in Fact By: Deutsche Bank National Trust Company,as Indenture Trustee,on behalf of the holders of the Accredited Mortgage Loan Trust 2004-1 Asset Backed /Notes Name: P,� r Title: Ryan Fullmer, nnoumAnt Control GUI er File No: 190518 Borrower Name: William J. Ragni IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA y' Deutsche Bank National Trust Company,as Indenture Trustee,on CIVIL DIVISION behalf of the holders of the Accredited Mortgage Loan Trust 2004-1 Asset Backed Notes NO.: f���f I r.-} Plaintiff, V$. j William J.Ragni;Michelle Lee Ragni; Defendants. NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM r 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.TIDS PROGRAM IS FREE. ZUCKER,GOLDBERG&ACKMOAAN,LLC By: Dated: November ,2014 Scott A.Di ,Esquir ; PA I.D.#55650 Kimberly A. onner,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 XCP-190518/emed 200 Sheffield Street,Suite 101 Mountainside,NJ 07092 (908)233-8500;(908)233-1390 FAX Email: Office@zuckergoldberg.com Zucker,Goldberg&Ackerman, LLC XCP-190518 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 XCP-190518 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 XCP-190518 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 ed to use/refer information to my lender/servicer for the sole purpose.of evaluating my financial situation for possibles 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 XCP-190518 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as CIVIL DIVISION Indenture Trustee, on behalf of the holders of the Accredited Mortgage Loan Trust 2004-1 NO.: Asset Backed Notes Plaintiff, VS. William J. Ragni; Michelle Lee Ragni; Defendants. 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 XCP-190518 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company,as CIVIL DIVISION Indenture Trustee,on behalf of the holders of the Accredited Mortgage Loan Trust 2004-1 NO.: Asset Backed Notes Plaintiff, VS. William J. Ragni; Michelle Lee Ragni; Defendants. 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 Zucker,Goldberg&Ackerman, LLC XCP-190518 Conciliation Conference must possess the actual authority to reach a mutually acceptable 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 XCP-190518 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY L .,3-Oi F Is; i <iO� � # ,�O I t: tip LG 3 DEC 10 Pik 3: 23 CUMBERLAND COUNTY PENNSYLVANIA Deutsche Bank National Trust Company, as Indenture Trustee, on behalf vs. William J Ragni (et al.) Case Number 2014-6473 SHERIFF'S RETURN OF SERVICE 11/07/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: William J Ragni, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Lackawanna, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to law. 11/07/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Michelle Lee Ragni, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Lackawanna, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to law. 11/19/2014 04:28 PM - Deputy Shawn Harrison, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in . ga• - oreclosure by handing a true copy to a person representing themselves to be Michelle Ragni, o a•cepted as "Adult Person in Charge" for William J Ragni at 1451 Ryland Drive, Hampde ;y .hip, echanicsburg, PA 17050. 1 S `• WN HA' = ON, DEPUTY 11/19/2014 04:28 PM - Deputy Shawn Harrison, being duly sworn according to law, s- -d the re • . -sted Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in • •=•e F. ecl.sure by "personally" handing a true copy to a person representing themselves t D- end:nt, to wit: Michelle Lee Ragni at 1451 Ryland Drive, Hampden Township, Mecha • , 'A 170.0 12/05/2014 The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure returned by the Sheriff of Lackawanna County, the within named Defendant William J Ragni, not found. Mark P. McAndrews, Sheriff, Return of Service attached to and made part of the within record. 12/05/2014 The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure returned by the Sheriff of Lackawanna County, the within named Defendant Michelle Lee Ragni, not found. Mark P. McAndrews, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $84.30 SO ANSWERS, December 05, 2014 RONR-R ANDERSON, SHERIFF (c) CountySui;e Sheriff, Teleosoft. Inc. SHERIFF'S RETURN - NOT FOUND CASE NO: 2014-00648 T COMMONTWEALTH OF PENNSYLVANIA COUNTY OF Lackawanna County DEUTSCHE BANK VS WILIAM RAGNI DAVID PASCOLINI , Deputy Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named COMPLAINT to wit MICHELLE RAGNI was unable to locate Her ,within the limits of Lackawanna County and the State of Pennsylvania nor to ascertain the DEFENDANT 's present whereabouts, and I do therefore return the within COMPLAINT , NOT FOUND , as to the said 318 BRIDGE STREET OLD FORGE, PA 18518 NOT FOUND,NEVER LIVED THERE,11/24/2014 Sheriff's Costs: Docketing .00 Service .00 Affidavit ")C11.00 Surcharge 1 .00 .00 .00 Sworn and subscribed to before me this day of A.D. Notary So answers: Mark P. McAndrew, Sheriff B ASCOLINI Deputy Sheriff 00/00/0000 SHERIFF'S RETURN - NOT FOUND CASE NO: 2014-00648 T COMMONTWEALTH OF PENNSYLVANIA COUNTY OF Lackawanna County DEUTSCHE BANK VS WILIAM RAGNI DAVID PASCOLINI , Deputy Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named COMPLAINT to wit WILLIAM RAGNI was unable to locate Him ,within the limits of Lackawanna County and the State of Pennsylvania nor to ascertain the DEFENDANT 's present whereabouts, and I do therefore return the within COMPLAINT , NOT FOUND , as to the said 318 BRIDGE STREET OLD FORGE, PA 18518 NOT FOUND,DOES NOT LIVE THERE,11/24/2014 Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 Sworn and subscribed to before me this day of A.D. Notary So answers: Mark P. McAndrew, Sheriff B � (2404•474(1: I• PASCOLINI Deputy Sheriff 00/00/0000