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12-10307 COHMON PLEAS COURT
IN THE COURT OF COMMON pLeas!? APR IS AMIN: 25
WAYNE COUNTY, OHIO Tit
CLERK on bab,
Bank of America, N.A., successor by merger to | CASE NO. 12 CV 0441
BAC Home Loans Servicing, LP fka
Countrywide Home Loans Servicing, LP JUDGE MARK WIEST
Plaintiff
-vs-
Jamie A. Pompa, et al.
MOTION FOR DEFAULT JUDGMENT
Defendant(s)
Now comes the Attorney for Plaintiff and says that the Defendants, Nicholas Weiland
and Credit Acceptance Corporation, are in default of an Answer or other pleading although duly
served according to law.
WHEREFORE, Plaintiff respectfully makes an application to this Court for a judgment
by default, pursuant to Rule 55 of the Ohio Rules of Civil Procedure. Plaintiff's Affidavits in
support are attached hereto and incorporated herein.
Respectfully submitted,
THE LAW OFFICES OF
JOHN D. CLUNK CO., L.P.A.
Q: A. Tully #0084018
Alex V. Sarady #0075500
Ashley E. Mueller #0084931
Jason A. Whitacre #0077330
Attorneys for Plaintiff
4500 Courthouse Blvd.
Suite 400
Stow, OH 44224
(330) 436-0300 - telephone
(330) 436-0301 - facsimile
requests@johndclunk.comPROOF OF SERVICE
Plaintiff served a copy of the foregoing Motion on all Counsel of record by Ordinary U.S.
Mail, this \\4n. day of Ny, 2013.
Jamie A. Pompa, Pro Se
1932 Fisher Drive
Wooster, OH 44691
Nathan R. Shaker, Esq.
115 West Liberty Street
Wooster, OH 44691
Attorney for Treasurer of Wayne County
THE LAW OFFICES OF
JOHN D. CLUNK CO., L.P.A.
ny
Jarhes A. Tully #0084018
Alex V. Sarady #0075500
Ashley E. Mueller #0084931
Jason A. Whitacre #0077330
Attorneys for Plaintiff
4500 Courthouse Blvd.
Suite 400
Stow, OH 44224
(330) 436-0300 - telephone
(330) 436-0301 - facsimile
requests@johndclunk.comFILED
12-10307 COMMO™ PLEAS COURT
IN THE COURT OF COMMON PLHAGPR IS AMI 25
WAYNE COUNTY, OHIO IM NEAL
CLERK OF COURTS
Bank of America, N.A., successor by merger to | CASE NO. 12 CV 0441
BAC Home Loans Servicing, LP fka
Countrywide Home Loans Servicing, LP JUDGE Mark Wiest
Plaintiff
-Vs-
Jamie A. Pompa, et al.
Defendant(s)
AFFIDAVIT SUPPORTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
STATE OF /@yv, VAIO
COUNTY OF
BEFO) ME an officer authorized to take oaths this day personally appeared
Maney og. of Bank of America, N.A. (“BANA”), who, being first
duly sworn, deposes and says:
1,
4,
I am authorized to sign this affidavit on behalf of plaintiff, Bank of America, N.A., as an
officer of BANA.
BANA maintains records for the Loan. I am able to testify to the matters stated herein
because I have personal knowledge of BANA's procedures for creating these records. As
part of my job responsibilities for BANA, I am familiar with the type of records
maintained by BANA in connection with the Loan.
The information in this affidavit is taken from BANA's business records. These records
are: (a) made at or near the time of the occurrence of the matters recorded by persons
with personal knowledge of the information in the business record, or from information
transmitted by persons with personal knowledge; (b) kept in the course of BANA's
regularly conducted business activities; and (c) it is the regular practice of BANA to
make such records. I have personally reviewed the attached records, and J make this
affidavit from a review of those business records and from my personal knowledge of
how said records are created and maintained.
Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, LP fka
Countrywide Home Loans Servicing LP, directly or through an agent, has possession of
OH - Itemized — Agent 12-10307the note. A true and accurate copy of the Note is attached hereto as Exhibit “A”, The
Promissory Note has been duly endorsed. Bank of America, N.A., Successor by Merger
to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP, is the
assignee of the security instrument for the referenced loan. A true and accurate copy of
the security instrument is attached hereto as Exhibit “B”.
5. The business records attached, which I have teviewed, are true and correct copies from
the business records described above. They show Jamie A. Pompa, (hereinafter
“Borrower”), defaulted and the amount stated in the attached business records is owed on
the Loan.
6. Borrower(s) defaulted on the note by failing to make payments due for September 1,
2010, or any subsequent installments. The indebtedness has been accelerated. The
balance due on said loan in the principal sum of $66,328.89 plus interest at 5.5% per
annum from August 1, 2010.
7. Within the scope of my familiarity with the business records maintained by BANA,
Affiant attest that the Assignment of Mortgage, attached to Plaintiff's Motion for
Summary Judgment as Exhibit “D,” is a true and accurate copy of the Assignment of
Mortgage from Mortgage Electronic Registration Systems Inc. to Bank of America, N.A.,
successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans
Servicing, LP which was executed on September 1, 2011, and recorded as a matter of
Wayne County Official Records on September 16, 2011, as Instrument No.
201100009604.
8. That affiant is a custodian of the business records of BANA; that these business records
are kept in the normal course of business and the information contained in them was
created at or near the time of the events described therein; that BANA relies on these
records in the normal course of conducting its business; that in reviewing the business
records of BANA, affiant is able to testify that the breach letter attached hereto as Exhibit
“F” and incorporated herein is a true and accurate copy of the breach letter that was
mailed to Defendant Jamie A. Pompa on May 4, 2012, in accordance with the Note and
Mortgage. :
9. That affiant is a custodian of the business records of BANA. These business records are
kept in the normal course of business and the information contained in them was created
at or near the time of the events described therein. BANA relies on these records in the
normal course of conducting its business. After a review of these business records,
affiant is able to testify that the payment history attached hereto as Exhibit “E” and
incorporated herein by reference is a true and accurate representation of the account
activity on the Defendant’s loan account, including but not limited to credits, debits,
advances and escrow activity, if any.
OH -~ Itemized - Agent 12-1030710. That affiant is a custodian of the business records of BANA. These business records are
kept in the normal course of business and the information contained in them was created
at or near the time of the events described therein. BANA relies on these records in the
normal course of conducting its business. After a review of these business records,
affiant is able to testify that the FHA solicitation letter attached hereto as Exhibit “G” and
incorporated herein by reference is a true and accurate Tepresentation of the FHA face to
face interview solicitation letter that was mailed to Defendant Jamie A. Pompa on August
26, 2011 in accordance with the Note and Mortgage and FHA regulations.
FURTHER AFFIANT SAYETH NOT.
ALY FIP
A:sisrapr View basppenr
Title
Meet AC AIG
Date
SWORN TO and subscribed before me this @/ day of
Mbecw » 2013, by _Marey Adee , as an
Assistant Vice President of Bank of America, N.A. Hedife () is personally known to me or (4
produced Dawer. LICENSE as identification.
gua Public
My commission expires \- | HY
VOMMONWEALIH OF PENNSYLVANIA, 12-10307
NOTARIALSEAL .
Gretchen Marie Martin, Notary Public
Kennedy Township, AtleghenyCounty
My: Commission éxpirec sanuaty 1.2014
OH — Itemized ~ AgentDocument Execution Coversheet
Loan#: 207547026
Document Type: Judgment Affidavit
Borrower: Jamie A. Pompa
Property Address: 1932 Fisher Drive, Wooster, OH 44691
Please execute and return the attached document to:
The Law Offices of John D. Clunk Co., L.P.A.
4500 Courthouse Blvd.
Suite 400
Stow, OH 44224
Contact Information for questions:
Sarah B. Horak
330-436-0300
No fees have been omitted.
OH ~ Itemized - Agent 12-10307
Preview
12-10307 COHMON PLEAS COURT IN THE COURT OF COMMON pLeas!? APR IS AMIN: 25 WAYNE COUNTY, OHIO Tit CLERK on bab, Bank of America, N.A., successor by merger to | CASE NO. 12 CV 0441 BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP JUDGE MARK WIEST Plaintiff -vs- Jamie A. Pompa, et al. MOTION FOR DEFAULT JUDGMENT Defendant(s) Now comes the Attorney for Plaintiff and says that the Defendants, Nicholas Weiland and Credit Acceptance Corporation, are in default of an Answer or other pleading although duly served according to law. WHEREFORE, Plaintiff respectfully makes an application to this Court for a judgment by default, pursuant to Rule 55 of the Ohio Rules of Civil Procedure. Plaintiff's Affidavits in support are attached hereto and incorporated herein. Respectfully submitted, THE LAW OFFICES OF JOHN D. CLUNK CO., L.P.A. Q: A. Tully #0084018 Alex V. Sarady #0075500 Ashley E. Mueller #0084931 Jason A. Whitacre #0077330 Attorneys for Plaintiff 4500 Courthouse Blvd. Suite 400 Stow, OH 44224 (330) 436-0300 - telephone (330) 436-0301 - facsimile requests@johndclunk.comPROOF OF SERVICE Plaintiff served a copy of the foregoing Motion on all Counsel of record by Ordinary U.S. Mail, this \\4n. day of Ny, 2013. Jamie A. Pompa, Pro Se 1932 Fisher Drive Wooster, OH 44691 Nathan R. Shaker, Esq. 115 West Liberty Street Wooster, OH 44691 Attorney for Treasurer of Wayne County THE LAW OFFICES OF JOHN D. CLUNK CO., L.P.A. ny Jarhes A. Tully #0084018 Alex V. Sarady #0075500 Ashley E. Mueller #0084931 Jason A. Whitacre #0077330 Attorneys for Plaintiff 4500 Courthouse Blvd. Suite 400 Stow, OH 44224 (330) 436-0300 - telephone (330) 436-0301 - facsimile requests@johndclunk.comFILED 12-10307 COMMO™ PLEAS COURT IN THE COURT OF COMMON PLHAGPR IS AMI 25 WAYNE COUNTY, OHIO IM NEAL CLERK OF COURTS Bank of America, N.A., successor by merger to | CASE NO. 12 CV 0441 BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP JUDGE Mark Wiest Plaintiff -Vs- Jamie A. Pompa, et al. Defendant(s) AFFIDAVIT SUPPORTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT STATE OF /@yv, VAIO COUNTY OF BEFO) ME an officer authorized to take oaths this day personally appeared Maney og. of Bank of America, N.A. (“BANA”), who, being first duly sworn, deposes and says: 1, 4, I am authorized to sign this affidavit on behalf of plaintiff, Bank of America, N.A., as an officer of BANA. BANA maintains records for the Loan. I am able to testify to the matters stated herein because I have personal knowledge of BANA's procedures for creating these records. As part of my job responsibilities for BANA, I am familiar with the type of records maintained by BANA in connection with the Loan. The information in this affidavit is taken from BANA's business records. These records are: (a) made at or near the time of the occurrence of the matters recorded by persons with personal knowledge of the information in the business record, or from information transmitted by persons with personal knowledge; (b) kept in the course of BANA's regularly conducted business activities; and (c) it is the regular practice of BANA to make such records. I have personally reviewed the attached records, and J make this affidavit from a review of those business records and from my personal knowledge of how said records are created and maintained. Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP, directly or through an agent, has possession of OH - Itemized — Agent 12-10307the note. A true and accurate copy of the Note is attached hereto as Exhibit “A”, The Promissory Note has been duly endorsed. Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP, is the assignee of the security instrument for the referenced loan. A true and accurate copy of the security instrument is attached hereto as Exhibit “B”. 5. The business records attached, which I have teviewed, are true and correct copies from the business records described above. They show Jamie A. Pompa, (hereinafter “Borrower”), defaulted and the amount stated in the attached business records is owed on the Loan. 6. Borrower(s) defaulted on the note by failing to make payments due for September 1, 2010, or any subsequent installments. The indebtedness has been accelerated. The balance due on said loan in the principal sum of $66,328.89 plus interest at 5.5% per annum from August 1, 2010. 7. Within the scope of my familiarity with the business records maintained by BANA, Affiant attest that the Assignment of Mortgage, attached to Plaintiff's Motion for Summary Judgment as Exhibit “D,” is a true and accurate copy of the Assignment of Mortgage from Mortgage Electronic Registration Systems Inc. to Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP which was executed on September 1, 2011, and recorded as a matter of Wayne County Official Records on September 16, 2011, as Instrument No. 201100009604. 8. That affiant is a custodian of the business records of BANA; that these business records are kept in the normal course of business and the information contained in them was created at or near the time of the events described therein; that BANA relies on these records in the normal course of conducting its business; that in reviewing the business records of BANA, affiant is able to testify that the breach letter attached hereto as Exhibit “F” and incorporated herein is a true and accurate copy of the breach letter that was mailed to Defendant Jamie A. Pompa on May 4, 2012, in accordance with the Note and Mortgage. : 9. That affiant is a custodian of the business records of BANA. These business records are kept in the normal course of business and the information contained in them was created at or near the time of the events described therein. BANA relies on these records in the normal course of conducting its business. After a review of these business records, affiant is able to testify that the payment history attached hereto as Exhibit “E” and incorporated herein by reference is a true and accurate representation of the account activity on the Defendant’s loan account, including but not limited to credits, debits, advances and escrow activity, if any. OH -~ Itemized - Agent 12-1030710. That affiant is a custodian of the business records of BANA. These business records are kept in the normal course of business and the information contained in them was created at or near the time of the events described therein. BANA relies on these records in the normal course of conducting its business. After a review of these business records, affiant is able to testify that the FHA solicitation letter attached hereto as Exhibit “G” and incorporated herein by reference is a true and accurate Tepresentation of the FHA face to face interview solicitation letter that was mailed to Defendant Jamie A. Pompa on August 26, 2011 in accordance with the Note and Mortgage and FHA regulations. FURTHER AFFIANT SAYETH NOT. ALY FIP A:sisrapr View basppenr Title Meet AC AIG Date SWORN TO and subscribed before me this @/ day of Mbecw » 2013, by _Marey Adee , as an Assistant Vice President of Bank of America, N.A. Hedife () is personally known to me or (4 produced Dawer. LICENSE as identification. gua Public My commission expires \- | HY VOMMONWEALIH OF PENNSYLVANIA, 12-10307 NOTARIALSEAL . Gretchen Marie Martin, Notary Public Kennedy Township, AtleghenyCounty My: Commission éxpirec sanuaty 1.2014 OH — Itemized ~ AgentDocument Execution Coversheet Loan#: 207547026 Document Type: Judgment Affidavit Borrower: Jamie A. Pompa Property Address: 1932 Fisher Drive, Wooster, OH 44691 Please execute and return the attached document to: The Law Offices of John D. Clunk Co., L.P.A. 4500 Courthouse Blvd. Suite 400 Stow, OH 44224 Contact Information for questions: Sarah B. Horak 330-436-0300 No fees have been omitted. OH ~ Itemized - Agent 12-10307