HomeMy WebLinkAbout11-60731 `
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK, N.A.,
Plaintiff,
Vs.
ANTHONY J. GAROIFALO; JODY L. GAROFALO
Defendants.
TO: DEFENDANTS
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE
ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS
FROM SERVICE HEREOF OR A DEFAULTJUDGMENT MAY BE ENTERED
AGAINST YOU.
CIVIL DIVISION
t ?_.. i T1
NO.: 1 U? ( :xa c: art .1
TYPE OF PLEADING -? - ! -?
4 ?,.
CIVIL ACTION - COMPLAINT
IN MORTGAGE FORECLOSU RE`' 41 `z'
FILED ON BEHALF OF:
Wells Fargo Bank, N.A.
COUNSEL OF RECORD FOR THIS PARTY:
I HEREBY CERTIFY THAT THE ADDRESS
OF THE PLAINTIFF IS:
3476 STATEVIEW BLVD.
MAC # X7801-013, FT. M?LL, SC 29715
AND THE DEFENDANT:
19 Edgewood Drive
PA 17055
CERTIFICATE OF LOCATION
I HEREBY CERTIFY THAT THE LOCATION OF
THE REAL ESTATE AFFECTED BY THIS LIEN IS
ATTORNEY FOR PLATNTIFI
ATTY FILE NO.: XFP 1542,
ZUCKER, GOLDBERG & ACKERMAN, LLC
Scott A. Dietterick, Esquire
Pa. I.D. #55650
Kimberly A. Bonner, Esquire
Pa. I.D. #89705
Joel A. Ackerman, Esquire
Pa I.D. #202729
Ashleigh L. Levy, Esquire
Pa I.D. #306799
200 Sheffield Street, Suite 101
Mountainside, NJ 07092
(908) 233-8500
(908) 233-1390 FAX
office@zuckergoldberg.com
File No.: XFP- 154217/swo
OSI da6l?
a7f sas P
(2-?-? ? S 3
Zucker, Goldberg & Ackerman, LLC
XFP-154217
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 FILE[) 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.
Zucker, Goldberg & Ackerman, LLC
XFP-154217
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK, N.A.,
Plaintiff,
CIVIL DIVISION
NO.:
VS.
Anthony J. Garofalo; Jody L. Garofalo
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
Cumberland County Bar Association
32!S. Bedford Street
&rlisle, PA 17013
Pholne (800) 990-9108
(717) 249-3166
LAWYER REFERRAL
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (800) 990-9108
(717) 249-3166
Zucker, Goldberg & Ackerman, LLC
XFP-154217
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK, N.A.,
Plaintiff,
CIVIL DIVISION
NO..
vs.
Anthony J. Garofalo; Jody L. Garofalo
Defendants.
AVISO
LISTED HA SIDO OEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se
presentan mas adolante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20)
dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un
abogado una comparecencia escrita y redicando en la Corte por escrito sus defensas de, y objeciones a,
los demandas pregentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion
como se describe lanteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de
dinero reclamada on la demanda o cualquier otra reclamacion o remedio solicitado por el demandante
puede ser dictac1 en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0
propiedad u otros Iderechos importantes para usted.
USTED DEBE LLEV, I ?R ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI LISTED NO TIENE UN
ABOGADO 0 NO OUEDE PAGARLE A LINO, LLAME A VAYA A LA SIGUEINTE OFICINA PARA AVERIGUAR
DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
NOTICE TO DEFEND
Cumberland County Bar Association
32 IS. Bedford Street
Carlisle, PA 17013
Phone (800) 990-9108
(717) 249-3166
LAWYER REFERRAL
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (800) 990-9108
(717) 249-3166
Zucker, Goldberg & Ackerman, LLC
XFP-154217
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BLINK, N.A., : CIVIL DIVISION
Plaintiff, : NO.:
vs.
ANTHONY J. GAROFALO; JODY L. GAROFALO
Defendants.
CIVIL ACTION -COMPLAINT IN MORTGAGE FORECLOSURE
And now,comes Wells Fargo Bank, N.A., by its attorneys, Zucker, Goldberg & Ackerman, LLC,
and files this Complaint in Mortgage Foreclosure as follows:
1. The Plaintiff is Wells Fargo Bank, N.A., (hereinafter "plaintiff") having its principal
place of business at 3476 STATEVIEW BLVD., MAC # X7801-013, FT. MILL, SC 29715.
2. the Defendants, Anthony J. Garofalo and Jody L. Garofalo, are individuals whose last
known address is 19 Edgewood Drive,, PA 17055.
3. On or about April 17, 2006, Anthony J. Garofalo and Jody L. Garofalo executed a Note
in favor of CCO Mortgage Corp. in the original principal amount of $178,487.00.
4. On or about April 17, 2006, as security for payment of the aforesaid Note, Anthony J.
Garofalo and Jody L. Garofalo made, executed and delivered to Mortgage Electronic Registration
Systems, Inc. as (nominee for CCO Mortgage Corp. a Mortgage in the original principal amount of
$178,487.00 on the premises hereinafter described, with said Mortgage being recorded in the Office
of the Recorder of Deeds of Cumberland County on April 18, 2006, in Mortgage Book Volume 1947,
Page 360. A true and correct copy of said Mortgage containing a description of the premises subject
to said Mortgage'Js marked Exhibit "A", attached hereto and made a part hereof.
5. The Plaintiff is presently the legal owner of the mortgage which has been assigned to
Plaintiff or the assignment is in the process of formalization and to be recorded. The mortgage and
assignments, if any, are matters of public record and are incorporated herein by reference in
accordance with Pa. R.C.P. 1019(g).
6. Anthony J. Garofalo and Jody L. Garofalo, husband and wife are record and real
owners of the aforesaid mortgaged premises.
Zucker, Goldberg & Ackerman, LLC
XFP-154217
7. [defendants are in default under the terms of the aforesaid Mortgage and Note for,
inter alia, failure to pay the monthly installments of principal and interest when due.
8. Plaintiff was not required to send Defendant(s) written Notice pursuant to 35 P.S.
§1680.403 (c) (Homeowners' Emergency Mortgage Assistance Act of 1983, - Act 91 of 1983), prior to
commencement of this action for the reason that the aforesaid Mortgage is insured by the Federal
Housing Administration under Title II of the National Housing Act (12 U.S.C. §§1707 - 1715(z) - 18) [35
P.S. §1680.401(x)(3).].
9. Plaintiff was riot required to send Defendant(s) written notice of Plaintiff's intention
to foreclose said Mortgage pursuant to 41 P.S. §403 (Act 6 of 1974) prior to the commencement of
this action for the reason that the original principal balance of the aforesaid Mortgage is more than
the original principal balance threshold of the Act, and therefore:
(a) said mortgage is not a "residential mortgage" as defined in 41 P.S. §101;
(b) the Defendant(s) is/are not "residential mortgage debtor(s)" as defined in 41 P.S.
§',101, and;
(c) the mortgage premises is not "residential real property" as defined in 41 P.S. §101.
Zucker, Goldberg & Ackerman, LLC
XFP-154217
10. The amount due and owing Plaintiff by Defendants is as follows:
Principal $167,958.97
Interest to 6/17/2011 $5,823.06
Late Charges $ 360.97
Escrow $ 409.94
Corporate Advance $20.00
Total $174,572.94
plus interest on the principal sum ($167,958.97) at the daily interest of $ 29.34, and all other
additional amounts authorized under the Mortgage, actually and reasonably incurred by Plaintiff,
including but not limited to, late charges, 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 slums to the above amount due and owning when incurred.
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 under the aforesaid Note in a bankruptcy proceeding, this action is in no way an attempt to
re-establish such, liability.
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of
$174,572.94, with interest thereon at the daily interest of $ 29.34 plus additional late charges, and
costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure
and sale of the mortgaged premises.
Zucker, Goldberg & Ackerman, LLC
XFP-154217
ZUCKER, GOLDBERG & ACKERMAN, LLC
I 7 BY: rj ? ? I I '/
Dated: J , 2011 Scott A. Dietterick/,Esquire; quire; PA I.D. #55650
Kimberly A. Bonne PA I.D. #89705
Joel A. Ackerman, Esquire; PA I.D. #202729
Ashleigh L. Levy, Esquire; PA I.D. #306799
Attorneys for Plaintiff
XFP-154217/swo
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
XFP-154217
I 1
EXHIBIT A
Zucker, Goldberg & Ackerman, LLC
XFP-154217
Prepared By:
Return To:
CCO Mortgage Corp. 1i
P.O. Box 4060, Glen Allen.
23058 'i
Parcel Number: 11
18.22-0519-308
Commonwealth of Pennsylvania
t
f 1?6S815 9_
VA
i;l;r•??Lt1L ;sal) Orj??1
f-P.1
2006 19PR 18 RM 3 13
Premises: 19 EDGEWOOD DRIVE
Mechanicsburg
[Space Above This Line For Recording Data]
MORTGAGE
FHA Case No.
441-7784464
MIN 100010300196581524
THIS MORTGAGE ("Security Instrument") is given on A p r i l •17. 2006
The Mortgagor is ANTHONY ;J. GAROFALO and JODY L. GAROFALO
i,
I
1.
II
("Borrower"). this Security;; Instrument is given to Mortgage Electronic Registration Systems, Inc.
("MERS"), (solely as nominee for Lender, as hereinafter defined, and Lender's successors and assigns), as
mortgagee. MEkS is organized and existing under the laws of Delaware, and has an address and telephone
number of P.O. IBox 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. CCO Mortgage Corp.
?I
("Lender") is or?anized and existing under the laws of State of New York , and
hasanaddressof 10561 Telegraph Road. Glen Allen. VA 23059
. Borrower owes Lender the principal sum of
one hundredlseventy-eight thousand four hundred eighty-seven and 00/100
Dollars (U.S. S 178, 487.00 ).
FHA Pennsylvania Mortgage with MERS - 4/%
Q-4N(PA) (0502) Amended 6/02
Page t of 10 Inoets-
vMP &4ortgage?Solulions, Inc. 1800)521.7291
D04n01 pa.uff (2/031 1 0019658152
t
BKI947PG 360
i;
This debt is evidenced by Boriower's note dated the same date as this Security Instrument ("Note"), which
provides for monthly payments, with the full debt, if not paid earlier, due and payable on
May 1. 2036 1} . This Security Instrument secures to Lender: (a) the
repayment of thee! debt evidenced by the Note, with interest, and all renewals, extensions and modifications
of the Note; (b) ,the paymenCof all other sums, with interest, advanced under paragraph 7 to protect the
security of this Security Instrrument; and (c) the performance of Borrower's covenants and agreements
under this Secur4y Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and
convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors
and assigns of MERS, the following described property located in Cumberl and
County, Pennsylvania:+
I,
1•
which has the address of 19 EDGEWOOD DRIVE (Street]
Mechanicsburg j (cityl, Pennsylvania 17055 [Zip Code)
("Property Address"); '
TOGETHER WITH alls the improvements now or hereafter erected on the property, and all
easements, appurtenances and fixtures now or hereafter a part of the property. All replacements and
additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this
Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title
to the interests granted by Borrower in this Security Instrument; but, if necessary to comply with law or
custom, MERS, I(as nomineeJor Lender and Lender's successors and assigns), has the right: to exercise
any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and
to take any action required of Lender including, but not limited to, releasing or canceling this Security
Instrument.
BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has
the right to mortlgage, grant land convey the Property and that the Property is unencumbered, except for
encumbrances of record. Borrower warrants and will defend generally the title to the Property against all
claims and demands, subject fo any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
?t
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?41Y WA} 105021' I 1 Page 2 of 10 -J -- ?-
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D0402pa.uff (2!03) 11 0019658152
BKI947PGO 61
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11
i
Borrower and Lender covenant and agree as follows:
UNIFORM!, COVENANTS.
1. Payment of Principal; Interest and Late Charge. Borrower shall pay when due the principal of,
and interest on, the debt evidenced by the Note and late charges due under the Note.
2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each
monthly payment, together wiih the principal and interest as set forth in the Note and any late charges, a
sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold
payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4. In
any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and
Urban Developr? ent ("Secretary"), or in any year in which such premium would have been required if
Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the
annual mortgage) insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead
of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable
amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are
called "Escrow hems" and the'sums paid to Lender are called "Escrow Funds."
Lender may, at any time; collect and hold amounts for Escrow Items in an aggregate amount not to
exceed the maxiMmum amount 'that may be required for Borrower's escrow account under the Real Estate
Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et seq. and implementing regulations, 24 CFR
Part 3500, as they may be ainended from time to time ("RESPA"), except that the cushion or reserve
permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are
available in the account may not be based on amounts due for the mortgage insurance premium.
If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA,
Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held
by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the
Borrower and require Borrower to make up the shortage as permitted by RESPA.
The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument.
If Borrower tenders to Lender,the full payment of all such sums, Borrower's account shall be credited with
the balance reainmg for all installment items (a), (b), and (c) and any mortgage insurance premium
installment that ender has not become obligated to pay to the Secretary, and Lender shall promptly refund
any excess funds to Borrower! Immediately prior to a foreclosure sale of the Property or its acquisition by
Lender, Borrower's account shall be credited with any balance remaining for all installments for items (a),
(b), and (c)• ?1
3. Application of Payriients. All payments under paragraphs 1 and 2 shall be applied by Lender as
follows:
First, to. the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly
charge by the Secretary instead of the monthly mortgage insurance prenuum;
Second, to', any taxes, special assessments, leasehold payments or ground rents, and fire, flood and
other hazard insurance premiums, as required;
Third, to interest due under the Note;
Fourth, to amortization of the principal of the Note; and
Fifth, to late charges dtie under the Note.
4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the
Property, whe er now in 'existence or subsequently erected, against any hazards, casualties, and
contingencies, including tire;I :for which Lender requires insurance. This insurance shall be maintained in
i
initials: W, IC&
a-WPAj 1050 ! Pape 3 of 10 r ?+
D04rMpa.uff (2/03p 0019858152
Ik
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BK 154 7 PG 0
?62.
the amounts and for the periods that tender requires. Borrower shall also insure all improvements on the
Property, wheth?r now in existence or subsequently *erected, against loss by floods to the extent required
by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance
policies and anyIrenewals shall be held by Lender and shall include loss payable clauses in favor of, and in
a form acceptabl to, Lender.
In the even ?of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of
loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and
directed to make payment for-such loss directly to Lender, instead of to Borrower and to Lender jointly.
All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the
reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts
applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair
of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the
due date of the imonthly payments which are referred to in paragraph 2, or change the amount of such
payments. Any iexcess insurance proceeds over an amount required to pay all outstanding indebtedness
under the Note and this Security Instrument shall be paid to the entity legally entitled thereto.
In the event of foreclosure of this Security Instrument or other transfer of title to the Property that
extinguishes the', indebtedness; all right, title and interest of Borrower in and to insurance policies in force
shall pass to the ;purchaser.
5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan
Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within) sixty days after the execution of this Security Instrument (or within sixty days of a later
sale or transfer', of the Property) and shall continue to occupy the Property as Borrower's principal
residence for at least one yeas after the date of occupancy, unless Lender determines that requirement will
cause undue hardship for ,Borrower, or unless extenuating circumstances exist which are beyond
Borrower's control. Borrower shall notify Lender of any extenuating circuttances. Borrower shall not
commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate,
reasonable wear) and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned
or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or
abandoned Property. Borrower shall also be in default if Borrower, during the loan application process,
gave materially (false or inaccurate information or statements to Lender (or failed to provide Lender with
any material information) in connection with the loan evidenced by the Note, including, but not limited to,
representations concerning Borrower's occupancy of the property as a principal residence. If this Security
Instrument is on a leasehold; Borrower shall comply with the provisions of the lease. If Borrower acquires
fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger
in writing.
6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in
connection with) any condemnation or other taking of any part of the Property, or for conveyance in place
of condemnation, are herebyi assigned and shall be paid to Lender to the extent of the full amount of the
indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such
proceeds to the'i reduction of the indebtedness under the Note and this Security Instrument, first to any
delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any
application of the proceeds to the principal shall not extend or postpone the due date of the monthly
payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess
proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security
Instrument shall!, be paid to the entity legally entitled thereto.
,i
Initials : UtY y?
110-4N(PA) 105021 Pape 4 of 10 J
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1
7. Charges to Borrower. and Protection of Lender's Rights in the Property. Borrower shall pay all
governmental or municipal charges, tines and impositions that are not included in paragraph 2. Borrower
shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would
adversely affect. Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish
to Lender receipts evidencing `these payments.
If Borrower fails to make these payments or the payments required by paragraph 2, or fails to
perform any otter covenants and agreements contained in this Security Instrument, or there is a legal
proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in
bankruptcy, for fondemnation `or to enforce laws or regulations), then Lender may do and pay whatever is
necessary to project the value )of the Property and Lender's rights in the Property, including payment of
taxes, hazard insurance and other items mentioned in paragraph 2.
Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower
and be secured', by this Security Instrument. These amounts shall bear interest from the date of
disbursement, at'i the Note rate, and at the option of Lender, shall be immediately due and payable.
Borrower shall promptly; discharge any lien which has priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable
to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal
proceedings which in the Letiaer's opinion operate to prevent the enforcement of the lien; or (c) secures
from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security
Instrument. If Under determines that any part of the Property is subject to a lien which may attain priority
over this Security Instrument; Lender may give Borrower a notice identifying the lien. Borrower shall
satisfy the lien of take one or more of the actions set forth above within 10 days of the giving of notice.
8. Fees. Lender may collect fees and charges authorized by the Secretary.
9. Grounds for Acceleration of Debt.
(a) Default. Lender'may, except as limited by regulations issued by the Secretary, in the case of
payment defaults, require immediate payment in full of all sums secured by this Security
Instrument if: '
(i) Borrower defaults by failing to pay in full any monthly payment required by this Security
Inst>f ument prior to or on the due date of the next monthly payment, or
(ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations
contained in this Security Instrument.
(b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including
Section', 341(d) of `the Garn-St. Germain Depository Institutions Act of 1982, 12 U.S.C.
1701j-3 )) and with.the prior approval of the Secretary, require immediate payment in full of all
sums secured by this; Security Instrument if-
(i) All or part of the Property, or a beneficial interest in a trust owning all or part of the
Property, is sold or otherwise transferred (other than by devise or descent), and
(ii) a Property, is not occupied by the purchaser or grantee as his or her principal residence,
or a purchaser or grantee does so occupy the Property but his or her credit has not been
app ved in accodance with the requirements of the Secretary.
(c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in
full, but Lender does not require such payments, Lender does not waive its rights with respect to
subsequlent events.
M-4MPA) (0500 I Page 5 of 10
D04n05pa.uff 003)i i. 001 98581 5 2
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E
(d) Regulations of IUD Secretary. In many circumstances regulations issued by the Secretary
will lima Lender's rights, in the case of payment defaults, to require immediate payment in full
and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure
if not permitted by regulations of the Secretary.
(e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not
deternidoed to be eligible for insurance under the National Housing Act within 60 days from the
date hereof, Lender may, at its option, require immediate payment in full of all sums secured by
this Security Instrument. A written statement of any authorized agent of the Secretary dated
subsequent to 60 days from the date hereof, declining to insure this Security Instrument and the
Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this
option may not be exercised by Lender when the unavailability of insurance is solely due to
Lender's failure to remit a mortgage insurance premium to the Secretary.
10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment
in full because of Borrower's: failure to pay an amount due under the Note or this Security Instrument. This
right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument,
Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including,
to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and
reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding,
Upon reinstaternent by Borrower, this Security Instrument and the obligations that it secures shall remain
in effect as if Lender had not required immediate payment in full. However, Lender is not required to
permit reinstatement if: (i) , Lender has accepted reinstatement after the commencement of foreclosure
proceedings within two years immediately preceding the commencement of a current foreclosure
proceeding, (ii)!, reinstatement will preclude foreclosure on different grounds in the future, or (iii)
reinstatement will adversely 'affect the priority of the lien created by this Security Instrument.
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of
payment or modification of amortization of the sums secured by this Security Instrument granted by Lender
to any successor , in interest of Borrower shalt not operate to release the liability of the original Borrower or
Borrower's successor in interest. Lender shall not be required to commence proceedings against any
successor-in interest or refuse to.extend time for payment or otherwise modify amortization of the sums
secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's
successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver
of or preclude the exercise of any right or remedy.
12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and
agreements of this Security'-Instrument shall bind and benefit the successors and assigns of Lender and
Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint
and several. Arty BorrowerI;'who co-signs this Security Instrument but does not execute the Note: (a) is
co-signing this (Security Instrument only to mortgage, grant and convey that Borrower's interest in the
Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums
secured by this!, Security Instrument; and (c) agrees that Lender and any other Borrower may agree to
extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument
or the Note without that Borrower's consent.
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end the provisii
15. Borra
i
Any notice to Borrower provided for in this Security Instrument shall be given by
mailing it by first class mail unless applicable law requires use of another method. The
ected to die Property Address or any other address Borrower designates by notice to
e to Lender, shall be given by first class mail to Lender's address stated herein or any
ignates by notice to Borrower. Any notice provided for in this Security Instrument shall
been given to Borrower or Lender when given as provided in this paragraph.
(g Law; Severability. This Security lnstrumeni shall be governed by Federal law and
diction in which the Property is located. In the event that any provision or clause of this
t or the Note conflicts with applicable law, such conflict shall not affect other provisions
trument or the Note which can be given effect without the conflicting provision. To this
of this Security Instrument and the Note are declared to be severable.
is Copy. Borrower shall be given one conformed copy of the Note and of this Security
Instrument.
16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage,
or release of anY Hazardous. Substances on or in the Property. Borrower shall not do, nor allow anyone
else to do, anything affecting. the Property that is in violation of any Environmental Law. The preceding
two sentences shall not apply to the presence, use, or storage on the Property of small quantities of
Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to
maintenance of the Property.'
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or
other action by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns,
or is notified by any governmental or regulatory authority, that any removal or other remediation of any
Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary
remedial actions ?in accordance with Environmental Law.
As used in' this paragraph 16, "Hazardous Substances" are those substances defined as toxic or .
hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other
flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials
containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 16,
"Environmental iLaw" means federal laws and laws of the jurisdiction where the Property is located that
relate to health, safety or environmental protection.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
17. Assigntrtent of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and
revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues
and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents, However,
prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security
Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the
benefit of Lender and Borr`o'wer. This assignment of rents constitutes an absolute assignment and not an
assignment for additional security only.
If Lender gives notice 'of breach to Borrower: (a) all rents received by Borrower shall be held by
Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security
Instrument; (b) Lender shall,be entitled to collect and receive all of the rents of the Property; and (c) each
, Initials:
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tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written
demand to the tenant.
Borrower has not executed any prior assignment of the rents and has not and will not perform any act
that would prevent Lender from exercising its rights under this paragraph 17.
Lender sh 1 not be required to enter upon, take control of or maintain the Property before or after
giving notice of reach to Borrower. However, Lender or a judicially appointed receiver may do so at any
time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other
right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured
by the Security Instrument is paid in full.
18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9,
Lender may fo lose this Security Instrument by judicial proceeding. Lender shall be entitled to
collect all expe es incurred in pursuing the remedies provided in this paragraph 18, including, but
not limited to, attorneys' fees and costs of title evidence.
If the Len er's interest in this Security instrument is held by the Secretary and the Secretary
requires imm 'ate payment in full under Paragraph 9, the Secretary may invoke the nonjudicial
power of sale rovided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C.
3751 et seq.) y requesting a foreclosure commissioner designated under the Act to commence
foreclosure an to sell the Property as provided in the Act. Nothing in the preceding sentence shall
deprive the Secretary of any rights otherwise available to a Lender under this Paragraph 18 or
applicable law.
19. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument
and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge
and satisfy this ?ecurity Instrument without charge to Borrower. Borrower shall pay any recordation costs.
20. Waives. Borrower, to the extent permitted by applicable law, waives and releases any error or
defects in proceedings to enforce this Security instrument, and hereby waives the benefit of any present or
future laws pro iding for stag of execution, extension of time, exemption from attachment, levy and sale,
and homestead c xemption.
21. Reinstatement Period. Borrower's time to reinstate provided in paragraph 10 shall extend to one
hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security
Instrument.
22. Purch Money Mortgage. If any of the debt secured by this Security Instrument is lent to
Borrower to aeq ire title to the Property, this Security Instrument shall be a purchase money mortgage.
23. IntereRate After Judgment. Borrower agrees that the interest rate payable after a judgment is
entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time
under the Note.
24: Riders to this Security Instrument. If one or more riders are executed by Borrower and
recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into
and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s)
were a pan of is Security Instrument. [Check applicable box(es)].
Condom rum Rider! I ? Growing Equity Rider [] Other [specify]
El Planned Unit Development Rider ? Graduated Payment Rider
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Instrument and its any rider(s)' executed by Borrower and recorded with it.
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COMMONWEALTH OF PENNSYLVANIA, Cumberland County ss:
On this, (h day of ?"V(, before me, the undersigned officer,
personally appeaged +
A (1? h o n J . (? 6trc?-C'`{- (U ?? aL ?/ () ¢c? L__ .
0 -by known to me (or satisfactorily proven) to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they
executed the same for the purposes herein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission( Expires. '
j I Tide of Officer
NOTARIAL SEAL
VICKIE R. WELKER, Notary Public
Camp Hill Boro., Cumberland County
M Commission Expires March 4, 2007
Certificate of Roidenc t)V16
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do hereby certify that
the correct address of the within-ned (k Mortgagee is P.O. Box 2026, Flint, MI 48501-2026.
Witness my hand this 17th day of April. 2006
ck
Agent of Mortgagee
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Commitment Number: 06191 1
SCHEDULE C
PROPERTY DESCRIPTION
The land referred to in!,this Commltrient is described as follows:
ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg, County of Cumberland,
Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the Western side of Edgewood Drive which point is also the dividing line of Lots Nos.
6 and 7, Block B, on the hereinaftePmentioned plan of Lots; thence along said dividing line North 61 degrees 37
minutes West 110.00 feet to a point, thence along the lands now or formerly of Samuel Engle South 28 degrees
23 minutes West 65.Op feet to a point; thence along the dividing line of Lots Nos. 5 and 6 on the hereinafter
mentioned Plan of Lots South 61 degrees 37 minutes East 110.00 feet to a point on the Western side of
Edgewood Drive; thence along thelWestern side of Edgewood Drive North 28 degrees 23 minutes East 65.00
feet to a point and place of BEGINNING.
BEING Lot No. 6, Block B, on the Final Plan of Part of Blocks A, B, C, D, G and H Wynnewood Park as recorded
in the Cumberland County Recorder's Office in Plan Book 30, Page 116.
+r
BEING known and nulInbered as 19 Edgewood Drive.
I .
BEING Parcel No. 18+22-0519-308.
to be xecoxded
extify this
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VERIFICATION
Ah ?( , /-? , Esquire hereby states that he is attorney for Wells Fargo Bank, N.A.
in this matter, thalt Plain i is outside the jurisdiction of the court and or the Verification could not be
obtained within the time allowed for the filing of the pleading, that he is authorized to make this
verification pursulant to Pa. R. C. P. 1024 (c) and that the statements made in the foregoing pleading
in the Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are
true and correct, to the best of his knowledge, information and belief. Furthermore, it is the
undersigned's intention to substitute a verification from Plaintiff as soon as it is received by counsel.
The undersigned understands that this statement is made subject to the penalties of 18 Pa.
C.S. Sec. 4904 relating to unsworn falsification to authorities.
Scott A. iette is sq re; PA I.D..#55650
Kimberly A. Bonn Vr,E qu ire; PA I.D. #89705
Joel A. Ackermanire; PA I.D. #202729
Ashleigh L. Levy, Esquire; PA I.D. #306799
Attorneys for Plaintiff
Dated:
Zucker, Goldberg & Ackerman, LLC
XFP-154217
C:?
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVATW nr=-'
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WELLS FARGO BANK, N.A.,
CIVIL DIVISION Y
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Plaintiff, NO.: 11-6073 =
C r3
VS. i`
TYPE OF PLEADING 1 -
ANTHONY J. GAROFALO; JODY L. GAROFALO
CIVIL ACTION -AMENDED COMPLAINT
IN MORTGAGE FORECLOSURE
Defendants.
FILED ON BEHALF OF:
TO: DEFENDANTS Wells Fargo Bank
N
A
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ,
.
.
ENCLOSED AMENDED COMPLAINT WITHIN TWENTY (20) DAYS
FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED COUNSEL OF RECORD FOR THIS PARTY:
AGAINST YOU.
I HEREBY CERTIFY THAT THE ADDRESS ZUCKER, GOLDBERG & ACKERMAN, LLC
OF THE PLAINTIFF IS:
3476STATEVIEW BLVD. Scott A. Dietterick, Esquire
MAC # X7801-013. FT. MILL, SC 29715
AND THE DEFENDANT: Pa. I.D. #55650
19 Edaewood Drive Kimberly A. Bonner, Esquire
PA 17055 Pa. I.D. #89705
Joel A. Ackerman, Esquire
Pa I.D. #202729
CERTIFICATE OF LOCATION Ashleigh L
Levy
Esquire
I HEREBY CERTIFY THATTHE LOCATION OF .
,
THE REAL ESTATE AFFECTED BY THIS LIEN IS Pa I.D. #306799
19 Edaewood Drive. Mechanicsburg PA 17055
Municipality: Mechanicsburgh
" 200 Sheffield Street, Suite 101
(
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? ? ? j Mountainside, N1 07092
(908) 233-8500
ATTO EY FOR PLAINTIFF
(908) 233-1390 FAX
AM FILE NO.:; P 15421 office@zuckergoldberg.com
File No.: XFP- 154217/swo
Zucker, Goldberg & Ackerman, LLC
XFP-154217
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 AMENDED 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 AMENDED 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 AMENDED 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.
Zucker, Goldberg & Ackerman, LLC
XFP-154217
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK, N.A.,
Plaintiff,
CIVIL DIVISION
NO.:
vs.
Anthony J. Garofalo; Jody L. Garofalo
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 Amended 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 Amended 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
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (800) 990-9108
(717) 249-3166
LAWYER REFERRAL
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (800) 990-9108
(717) 249-3166
Zucker, Goldberg & Ackerman, LLC
XFP-154217
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK, N.A.,
Plaintiff,
CIVIL DIVISION
NO..
vs.
Anthony J. Garofalo; Jody L. Garofalo
Defendants.
AVISO
LISTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se
presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20)
dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un
abogado una comparecencia escrita y redicando en la Corte por escrito sus defensas de, y objeciones a,
los demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion
como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de
dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante
puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0
propiedad u otros derechos importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI LISTED NO TIENE UN
ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME A VAYA A LA SIGUEINTE OFICINA PARA AVERIGUAR
DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
NOTICE TO DEFEND
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (800) 990-9108
(717) 249-3166
LAWYER REFERRAL
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (800) 990-9108
(717) 249-3166
Zucker, Goldberg & Ackerman, LLC
XFP-154217
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK, N.A., : CIVIL DIVISION
Plaintiff, : NO.:
vs.
ANTHONY J. GAROFALO; JODY L. GAROFALO
Defendants.
CIVIL ACTION - AMENDED COMPLAINT IN MORTGAGE FORECLOSURE
And now comes Wells Fargo Bank, N.A., by its attorneys, Zucker, Goldberg & Ackerman, LLC,
and files this Amended Complaint in Mortgage Foreclosure as follows:
1. The Plaintiff is Wells Fargo Bank, N.A., (hereinafter "plaintiff") having its principal
place of business at 3476 STATEVIEW BLVD., MAC # X7801-013, FT. MILL, SC 29715.
2. The Defendants, Anthony J. Garofalo and Jody L. Garofalo, are individuals whose last
known address is 19 Edgewood Drive, Mechanicsburg, PA 17055.
3. On or about April 17, 2006, Anthony J. Garofalo and Jody L. Garofalo executed a Note
in favor of CCO Mortgage Corp. in the original principal amount of $178,487.00.
4. On or about April 17, 2006, as security for payment of the aforesaid Note, Anthony J.
Garofalo and Jody L. Garofalo made, executed and delivered to Mortgage Electronic Registration
Systems, Inc. as nominee for CCO Mortgage Corp. a Mortgage in the original principal amount of
$178,487.00 on the premises hereinafter described, with said Mortgage being recorded in the Office
of the Recorder of Deeds of Cumberland County on April 18, 2006, in Mortgage Book Volume 1947,
Page 360. A true and correct copy of said Mortgage containing a description of the premises subject
to said Mortgage is marked Exhibit "A", attached hereto and made a part hereof.
5. The Plaintiff is presently the legal owner of the mortgage which has been assigned to
Plaintiff or the assignment is in the process of formalization and to be recorded. The mortgage and
assignments, if any, are matters of public record and are incorporated herein by reference in
accordance with Pa. R.C.P. 1019(g).
6. Anthony J. Garofalo and Jody L. Garofalo, husband and wife are record and real
owners of the aforesaid mortgaged premises.
Zucker, Goldberg & Ackerman, LLC
XFP-154217
7. Defendants are in default under the terms of the aforesaid Mortgage and Note for,
inter alia, failure to pay the monthly installments of principal and interest when due.
8. Plaintiff was not required to send Defendant(s) written Notice pursuant to 35 P.S.
§1680.403 (c) (Homeowners' Emergency Mortgage Assistance Act of 1983, - Act 91 of 1983), prior to
commencement of this action for the reason that the aforesaid Mortgage is insured by the Federal
Housing Administration under Title II of the National Housing Act (12 U.S.C. §§1707 - 1715(z) - 18) [35
P.S. §1680.401(a)(3).].
9. Plaintiff was not required to send Defendant(s) written notice of Plaintiff's intention
to foreclose said Mortgage pursuant to 41 P.S. §403 (Act 6 of 1974) prior to the commencement of
this action for the reason that the original principal balance of the aforesaid Mortgage is more than
the original principal balance threshold of the Act, and therefore:
(a) said Mortgage is not a "residential mortgage" as defined in 41 P.S. §101;
(b) the Defendant(s) is/are not "residential mortgage debtor(s)" as defined in 41 P.S.
§101, and;
(c) the mortgage premises is not "residential real property" as defined in 41 P.S. §101.
Zucker, Goldberg & Ackerman, LLC
XFP-154217
10. The amount due and owing Plaintiff by Defendants is as follows:
Principal $167,958.97
Interest to 6/17/2011 $5,823.06
Late Charges $ 360.97
Escrow $ 409.94
Corporate Advance $20.00
Inspection Fee $60.00
Total $174,632.94
plus interest on the principal sum ($167,958.97) at the daily interest of $ 29.34, and all other
additional amounts authorized under the Mortgage, actually and reasonably incurred by Plaintiff,
including but not limited to, late charges, 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 to the above amount due and owning when incurred.
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 under the aforesaid Note in a bankruptcy proceeding, this action is in no way an attempt to
re-establish such liability.
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of
$174,632.94, with interest thereon at the daily interest of $ 29.34 plus additional late charges, and
costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure
and sale of the mortgaged premises.
Zucker, Goldberg & Ackerman, LLC
XFP-154217
ZUCKER, G%DBERG & ACKERMAN, LLC
Dated: f r
BY:
, 2011 Scott A.
Esqui/e; PA I.D. #55650
Kimberly A. Boner, Es ire; PA I.D. #89705
Joel A. Ackerman, ire; PA I.D. #202729
Ashleigh L. Levy, Esquire; PA I.D. #306799
Attorneys for Plaintiff
X F P-154217/swo
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
XFP-154217
1
Prepared By:
Return To:
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2006 'qPR 18 Rn 3 13
CCO Mortgage Corp. 4
P.O. Box 4060, Glen Allen. VA
23058
Parcel Number: {
18.22.0519.308
Commonwealth of PennsylyAj .
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Premises: 19 EDGEWOOD DRIVE
Mechanicsburg
[Space Above This Line For Recording Data]
MORTGAGE
FHA Case No.
441-7784464
MIN 100010300196581524
THIS MORTGAGE ("Security Instrument") is given on April •17 , 2006
The Mortgagor is ANTHONY ii.]. GAROFALO and JODY L. GAROFALO
,,
("Borrower"). This Security ; Instrument is given to Mortgage Electronic Registration Systems, Inc.
("MERS"), (solely as nominee for Lender, as hereinafter defined, and Lender's successors and assigns), as
mortgagee. MERS is organized and existing under the laws of Delaware, and has an address and telephone
number of P.O. Box 2026, Flint, M148501-2026, tel. (888) 679-MERS. C C 0 Mortgage Corp.
Lender") is organized and existing under the laws of State of New York and
hasanaddressof 10561 Telegraph Road. Glen Allen, VA 23059
, . Borrower owes Lender the principal sum of
one hundred seventy-eight thousand four hundred eighty-seven and 00/100
Dollars (U.S. $ 178,487. 00
).
FHA Pennsylvania Mortgage with MERS - 4/96
=-WPA) 105021 Amended 6/02
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VMP Mortgage Solutions, Inc. 18001521-7291
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This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which
provides for monthly payments, with the full debt, if not paid earlier, due and payable on
May 1, 2036 . This Security Instrument secures to Lender: (a) the
repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications
of the Note; (b) the payment 'of all other sums, with interest, advanced under paragraph 7 to protect the
security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements
under this Security Instrumenttand the Note. For this purpose, Borrower does hereby mortgage, grant and
convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors
and assigns of MFRS, the following described property located in Cumber1 and
County, Pennsylvania:]
II
which has the address of 19 EDGEWOOD DRIVE (Sweet]
Mechanicsburg y Icityl, Pennsylvania 17055 [Zip Code)
("Property Address");
TOGETHER WITH all, the improvements now or hereafter erected on the property, and all
easements, appurtenances and fixtures now or hereafter a part of the property. All replacements and
additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this
Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title
to the interests granted by Borrower in this Security Instrument; but, if necessary to comply with law or
custom, MFRS, (as nominee' for Lender and Lender's successors and assigns), has the right: to exercise
any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and
to take any action required of Lender including, but not limited to, releasing or canceling this Security
Instrument.
BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has
the right to mortgage, grant 'and convey the Property and that the Property is unencumbered, except for
encumbrances of record. Borrower warrants and will defend generally the title to the Property against all
claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
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Borrower and Lender covenant and agree as follows:
UNIFORM COVENANTS.
1. Payment of Principal; Interest and Late Charge. Borrower shall pay when due the principal of,
and interest on, the debt evidenced by the Note and late charges due under the Note.
2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each
monthly payment, together with the principal and interest as set forth in the Note and any late charges, a
sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold
payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4. In
any year in which the Lender' must pay a mortgage insurance premium to the Secretary of Housing and
Urban Development ("Secretary"), or in any year in which such premium would have been required if
Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the
annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead
of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable
amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are
called "Escrow Items" and the'sums paid to Lender are called "Escrow Funds."
Lender may, at any time; collect and hold amounts for Escrow Items in an aggregate amount not to
exceed the maximum amount 'that may be required for Borrower's escrow account under the Real Estate
Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et seq. and implementing regulations, 24 CFR
Part 3500, as they may be amended from time to time ("RESPA"), except that the cushion or reserve
permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are
available in the account may not be based on amounts due for the mortgage insurance premium.
If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA,
Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held
by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the
Borrower and require Borrower to make up the shortage as permitted by RESPA.
The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument.
If Borrower tenders to Lender• the full payment of all such sums, Borrower's account shall be credited with
the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium
installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund
any excess funds to Borrowed Immediately prior to a foreclosure sale of the Property or its acquisition by
Lender, Borrower's account shall be credited with any balance remaining for all installments for items (a),
(b), and (c). i,
3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as
follows:
First, to. the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly
charge by the Secretary instead of the monthly mortgage insurance premium;
Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and
other hazard insurance premiums, as required;
Third, to interest due urider the Note;
Fourth, to amortization 'of the principal of the Note; and
Fifth, to late charges due under the Note.
4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the
Property, whether now in 'existence or subsequently erected, against any hazards, casualties, and
contingencies, including hre,1 for which Lender requires insurance. This insurance shall be maintained in
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the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the
Property, whether now in existence or subsequently erected, against loss by floods to the extent required
by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance
policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in
a form acceptable to, Lender. j
In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of
loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and
directed to make payment foe-such loss directly to Lender, instead of to Borrower and to Lender jointly.
All or any pan of the insurance proceeds may be applied by Lender, at its option, either (a) to the
reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts
applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair
of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the
due date of the monthly payments which are referred to in paragraph 2, or change the amount of such
payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness
under the Note and this Security Instrument shall be paid to the entity legally entitled thereto.
In the event of foreclosure of this Security Instrument or other transfer of title to the Property that
extinguishes the indebtedness; all right, title and interest of Borrower in and to insurance policies in force
shall pass to the purchaser.
5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan
Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within sixty days after the execution of this Security Instrument (or within sixty days of a later
sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal
residence for at least one year after the date of occupancy, unless Lender determines that requirement will
cause undue hardship for 'Borrower, or unless extenuating circumstances exist which are beyond
Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not
commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate,
reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned
or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or
abandoned Property. Borrower shall also be in default if Borrower, during the loan application process,
gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with
any material information) in connection with the loan evidenced by the Note, including, but not limited to,
representations concerning Borrower's occupancy of the Property as a principal residence. If this Security
Instrument is on a leasehold; Borrower shall comply with the provisions of the lease. If Borrower acquires
fee title to the Property, thedeasehold and fee title shall not be merged unless Lender agrees to the merger
in writing.
6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in
connection with any condemnation or other taking of any part of the Property, or for conveyance in place
of condemnation, are hereby,' assigned and shall be paid to Lender to the extent of the full amount of the
indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such
proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any
delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any
application of the proceeds to the principal shall not extend or postpone the due date of the monthly
payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess
proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security
Instrument shall be paid to the entity legally entitled thereto.
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7. Charges to Borrower; and Protection of Lender's Rights in the Property. Borrower shall pay all
governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower
shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would
adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish
to Lender receipts evidencing 'these payments.
If Borrower fails to make these payments or the payments required by paragraph 2, or fails to
perform any other covenantsr and agreements contained in this Security Instrument, or there is a legal
proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in
bankruptcy, for condemnation `or to enforce laws or regulations), then Lender may do and pay whatever is
necessary to protect the value of the Property and Lender's rights in the Property, including payment of
taxes, hazard insurance and other items mentioned in paragraph 2.
Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower
and be secured by this Security Instrument. These amounts shall bear interest from the date of
disbursement, at the Note rate; and at the option of Lender, shall be immediately due and payable.
Borrower shall promptly; discharge any lien which has priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable
to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal
proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures
from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security
Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority
over this Security Instrumeni; Lender may give Borrower a notice identifying the lien. Borrower shall
satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice.
8. Fees. Lender may collect fees and charges authorized by the Secretary.
9. Grounds for Acceleration of Debt.
(a) Default. Lender'may, except as limited by regulations issued by the Secretary, in the case of
payment defaults, require immediate payment in ftrll of all sums secured by this Security
Instrument if:
(i) Borrower defaults by failing to pay in full any monthly payment required by this Security
Instrument prior to or on the due date of the next monthly payment, or
(ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations
contained in this Security Instrument.
(b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including
Section 341(d) of `the Garn-St. Germain Depository Institutions Act of 1982, 12 U.S.C.
1701j-3(d)) and with. •the prior approval of the Secretary, require immediate payment in full of all
sums secured by this* Security Instrument if:
(i) All or part of the Property, or a beneficial interest in a trust owning all or part of the
Property, is sold or otherwise transferred (other than by devise or descent), and
(ii) The Property is not occupied by the purchaser or grantee as his or her principal residence,
or the purchaser or grantee does so occupy the Property but his or her credit has not been
approved in accodance with the requirements of the Secretary.
(c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in
full, but Lender does not require such payments, Lawler does not waive its rights with respect to
subsequent events.
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(d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary
will limit Lender's rights, in the case of payment defaults, to require immediate payment in full
and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure
if not permitted by regulations of the Secretary.
(e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not
determined to be eligible for insurance under the National Housing Act within 60 days from the
date hereof, Lender ,may, at its option, require immediate payment in full of all sums secured by
this Security Instrument. A written statement of any authorized agent of the Secretary dated
subsequent to 60 days from the date hereof, declining to insure this Security Instrument and the
Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this
option may not be (exercised by Lender when the unavailability of insurance is solely due to
Lender's failure to remit a mortgage insurance premium to the Secretary.
10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment
in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This
right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument,
Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including,
to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and
reasonable and customary attomeys' fees and expenses properly associated with the foreclosure proceeding.
Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain
in effect as if Lender had riot required immediate payment in full. However, Lender is not required to
permit reinstatement if: (i) , Lender has accepted reinstatement after the commencement of foreclosure
proceedings within two years immediately preceding the commencement of a current foreclosure
proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii)
reinstatement will adversely affect the priority of the lien created by this Security Instrument.
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of
payment or modification of amortization of the sums secured by this Security Instrument granted by Lender
to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or
Borrower's successor in interest. Lender shall not be required to commence proceedings against any
successor-in interest or refuse to.extend time for payment or otherwise modify amortization of the sums
secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's
successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver
of or preclude the exercise of any right or remedy.
12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and
agreements of this Security'; Instrument shall bind and benefit the successors and assigns of Lender and
Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint
and several. Any Borrower. who co-signs this Security Instrument but does not execute the Note: (a) is
co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the
Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums
secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to
extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument
or the Note without that Borrower's consent.
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13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by
delivering it or by mailing it by first class mail unless applicable law requires use of another method. The
notice shall be directed to the Property Address or any other address Borrower designates by notice to
Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any
address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall
be deemed to have been given ito Borrower or Lender when given as provided in this paragraph.
14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and
the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this
Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions
of this Security Instrument or the Note which can be given effect without the conflicting provision. To this
end the provisions of this Seeiirity Instrument and the Note are declared to be severable.
15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security
Instrument.
16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage,
or release of any Hazardous. Substances on or in the Property. Borrower shall not do, nor allow anyone
else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding
two sentences shall not apply to the presence, use, or storage on the Property of small quantities of
Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to
maintenance of the Property.'
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or
other action by any goverttrnental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns,
or is notified by any governmental or regulatory authority, that any removal or other remediation of any
Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary
remedial actions in accordance with Environmental Law.
As used in' this paragraph 16, "Hazardous Substances" are those substances defined as toxic or .
hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other
flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials
containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 16,
"Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that
relate to health, safety or environmental protection.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and
revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues
and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However,
prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security
Instrument, Borrower shall -collect and receive all rents and revenues of the Property as trustee for the
benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an
assignment for additional security only.
If Lender gives notice 'of breach to Borrower: (a) all rents received by Borrower shall be held by
Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security
Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each
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tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written
demand to the tenant.
Borrower has not executed any prior assignment of the rents and has not and will not perform any act
that would prevent Lender from exercising its rights under this paragraph 17.
Lender shall not be required to enter upon, take control of or maintain the Property before or after
giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any
time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other
right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured
by the Security Instrument is paid in full.
18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9,
Lender may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to
collect all expenses incurred in pursuing the remedies provided in this paragraph 18, including, but
not limited to, attorneys' fees and costs of title evidence.
If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary
requires immediate payment in full under Paragraph 9, the Secretary may invoke the nonjudicial
power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act's) (12 U.S.C.
3751 et seq.) by requesting a foreclosure commissioner designated under the Act to commence
foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall
deprive the Secretary of any rights otherwise available to a Lender under this Paragraph 18 or
applicable law. '
19. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument
and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge
and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs.
20. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or
defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or
future laws providing for stag of execution, extension of time, exemption from attachment, levy and sale,
and homestead exemption.
21. Reinstatement Period. Borrower's time to reinstate provided in paragraph 10 shall extend to one
hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security
Instrument.
22. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to
Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage.
23. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is
entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time
under the Note.
24. Riders to this Security Instrument. If one or more riders are executed by Borrower and
recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into
and shall amend and suppletrient the covenants and agreements of this Security Instrument as if the rider(s)
were a part of this Security Instrument. [Check applicable box(es)].
? Condominium Rider! i ? Growing Equity Rider Q Other [specify]
? Planned Unit Development Rider ? Graduated Payment Rider
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BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security
Instrument and in any rider(s)., executed by Borrower and recorded with it.
Witnesses:
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(Seal)
-Borrower
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(Seal)
i -Borrower
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(Seal)
-Borrower
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ANTHONY . G ROFALO Borrower
(Seal)
Y L AROFALO -Borrower
(Seal)
-Borrower
_ (Seal)
-Borrower
_ (Seal)
-Borrower
0019658552
COMMONWEALTH OF PENNSYLVAN A, Cumberland
On this, rpn day of+ lq-pytt
personally appeared _
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County ss:
before me, the undersigned officer,
known to me (or satisfactorily proven) to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they
executed the same for the purposes herein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission Expires:
i f Title of Officer
N07ARIAL SEAL
VICKIE R. WELKER, Notary Public
Camp Full Ebro., Cumberland County
M Commission Expires March 4, 2007
Certificate of Residenc? i!kt 1 j ?//
f, (J (C. do hereby certify that
the correct address of the within-n led Mortgagee is P.O. Box 2026, Flint, MI 48501-2026.
Witness my hand this 17th day of April, 2006
clc
Agent of Mortgagee
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(First American Title Insurance Company
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Commitment Number: 06191
SCHEDULE C
PROPERTY DESCRIPTION
The land referred to in this Commitment is described as follows:
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ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg, County of Cumberland,
Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the Western side of Edgewood Drive which point is also the dividing line of Lots Nos.
6 and 7, Block B, on the hereinafter!mentioned plan of Lots; thence along said dividing line North 61 degrees 37
minutes West 110.00 feet to a point, thence along the lands now or formerly of Samuel Engle South 28 degrees
23 minutes West 65.00 feet to a point; thence along the dividing line of Lots Nos. 5 and 6 on the hereinafter
mentioned Plan of Lots South 61 degrees 37 minutes East 110.00 feet to a point on the Western side of
Edgewood Drive; thence along thelWestern side of Edgewood Drive North 28 degrees 23 minutes East 65.00
feet to a point and place of BEGINNING.
BEING Lot No. 6, Block B, on the Final Plan of Part of Blocks A, B, C, D, G and H Wynnewood Park as recorded
in the Cumberland County Recorder's Office in Plan Book 30, Page 116.
BEING known and numbered as 19 Edgewood Drive.
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BEING Parcel No. 18-22-0519-308.
this to be recOrded
I Certify , COUnty P A
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ALTA Commitment
Schedule C
BK 194
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(06191106191126)
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VERIFICATION
Damaris Stephanie Beltran, hereby states that he she is Vice President Loan
Documentation of, WELLS FARGO BANK, N.A., servicing agent for Plaintiff in this matter,
that heois authorized to make this Verification, and verify that the statements made in the
foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of hi er
knowledge, information and belief. The undersigned understands that this statement is made
subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
DATE: ?-
File 4: 154217
7 1
Name: Damaris Stephanie Beltran
Title: Vice President Loan Documentation
Servicer: WELLS FARGO BANK, N.A.
Name: Anthony J. Garofalo
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny RAnderson
Sheriff I '? r i! I ,;.r -,FA 7R Y
opt"tir c,i : atatt;,rrl???4
Jody S Smith ?
. 3
Chief Deputy 2,
Richard W Stewart CI M3F-RLA, i 01"! 41'? r Y
Solicitor i r
Wells Fargo Bank, N.A.
Case Number
vs.
Anthony J. Garofalo (et al.) 2011-6073
SHERIFF'S RETURN OF SERVICE
08/18/2011 07:39 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on August
18, 2011 at 1939 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Anthony J. Garofalo, by making known unto Jody Garofalo, Wife of
Defendant at 19 Edgewood Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents
and at the same time handing to her personally the said true and correct copy of he same.
MIC AEL BARRI K, DEPUTY
08/18/2011 07:39 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on August
18, 2011 at 1939 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Jody L. Garofalo, by making known unto herself personally, at 19
Edgewood Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same
time handing to her personally the said true and correct copy of the same.
MICHAEL BAR ICK, DEPUTY
08/19/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Jody L. Garofalo, but was unable to locate her in his
bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the
defendant Jody L. Garofalo. Request for service at 4147 Mountain View Road, Mechanicsburg,
Pennsylvania 17050 the Defendant was not found. Jody L. Garofalo currently resides at 19 Edgewood
Drive, Mechanicsburg, Pennsylvania 17055.
08/19/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Anthony J. Garofalo, but was unable to locate her in his
bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the
defendant Anthony J. Garofalo. Request for service at 4147 Mountain View Road, Mechanicsburg,
Pennsylvania 17050 the Defendant was not found. Anthony J. Garofalo currently resides at 19 Edgewood
Drive, Mechanicsburg, Pennsylvania 17055.
SHERIFF COST: $106.00
August 31, 2011
SO ANSWERS,
RON R ANDERSON, SHERIFF
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Wells Fargo Bank, N.A.
Plaintiff,
CIVIL DIVISION
N
NO.: 11-6073 rn r--,
r-
. ,moo -v c3-r?
=C:) ty Q rri
c n
vs.
Anthony J. Garofalo; Jody L. Garofalo;
Defendant(s).
PRAECIPE TO SETTLE AND DISCONTINUE
TO THE PROTHONOTARY:
Please mark the case filed at the above-captioned term and number SETTLED and
DISCONTINUED, without prejudice.
Respectfully Submitted:
ZUCKER, GOLDBERG & ACKERMAN, LLC
BY: 0 ? llvv# I/V\
Scott A. Dietithck, Esquire; PA I.D. #55650
Kimberly A. Bonner, Esquire; PA I.D. #89705
Joel A. Ackerman, Esquire; PA I.D. #202729
Ashleigh Levy Marin, Esquire; PA I.D. #306799
Ralph M. Salvia, Esquire; PA I.D. #202946
Jaime R. Ackerman, Esquire; PA I.D. #311032
Attorneys for Plaintiff
XFP- 1 54217/ka
200 Sheffield Street, Suite 101
Mountainside, NJ 07092
(908) 233-8500; (908) 233-1390 FAX