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Home My WebLink About12-2013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A., CIVIL DIVISION i I ? Plaintiff, v ta- l? N0.: 9013 VS. TYPE OF PLEADING Maria L. Sisti„ CIVIL ACTION - COMPLAINT rn; 7S IN MORTGAGE FORECLOSUNE:7?) 3 = GO s TO: DEFENDANT . r - •,' Q0 FILED ON BEHALF OF: c-, YOU ARE HEREBY NOTIFIED TO PLEAD TO THE _Z ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS Wells Fargo Bank, N.A. ? - zMT ` ?- FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED Tom Q C? AGAINSTYOU. COUNSEL OF RECORD FOR THIS RTC r. t -< C? I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: ZUCKER, GOLDBERG & ACKERMAN, LLC 3476 Stateview Blvd.. MAC # X7801-013, Ft. Mill, SC 29715 AND THE DEFENDANT: Dietterick Esquire Scott A 22 North 2nd Street , . Wormleysburs, PA 17043-1307 Pa. I.D. #55650 Kimberly A. Bonner, Esquire Pa. I.D. #89705 CERTIFICATE OF LOCATION Joel A. Ackerman, Esquire I HEREBY CERTIFY THAT THE LOCATION OF Pa I.D #202729 THE REAL ESTATE AFFECTED BY THIS LIEN IS . 22 North 2nd Street W le sbur PA 17043-1307 Ashleigh Levy Marin, Esquire Municipality: Wor sbur Pa I.D. #306799 Ralph M. Salvia, Esquire Pa I.D. #202946 ATTOR R PLAINTIF Jaime R. Ackerman, Esquire AM FILE NO.: XFP 164885 Pa I.D. #311032 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500 (908) 233-1390 FAX office@zuckergoldberg.com File No.: XFP-164885/pl ovrl- -1 103, -7 S ,-1)4 0.117 e t, # 13 R-4 )?3)a5 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. Zucker, Goldberg & Ackerman, LLC XFP-164885 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, VS. NO.. Maria L. Sisti; Defendant(s). 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 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-164885 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, VS. NO.. Maria L. Sisti; Defendant(s). AVISO LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de la demanda establecida en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso respondiendo personalmente o por medio de un abogado una comparecencia esc rita y radicando en la Corte por escrito sus defensas y objeciones a las demandas establecidas en su contra. Se le advierte de que si usted falla en tomar accion como se describe anteriormente, el caso puede proceder sin usted sin previo aviso y un fallo por cualquier suma de dinero reclamada en la demanda 0 cua Iquier otra reclamacion o remedio solicitado por el demandante, puede ser dictado en contra suva por la Corte. Listed puede perder dinero o propiedades u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO 0 NO PUEDE PAGAR LINO, LLAME 0 VAVA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND LAWYER REFERRAL Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 Zucker, Goldberg & Ackerman, LLC XFP-164885 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, VS. NO.. Maria L. Sisti; Defendant(s). 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. Defendant, Maria L. Sisti, is an individual whose last known address is 22 North 2nd Street, Wormleysburg, PA 17043-1307. 3. On or about July 15, 2009, Maria L. Sisti executed a Note in favor of Advanced Financial Services, Inc. in the original principal amount of $97,730.00. 4. On or about July 15, 2009, as security for payment of the aforesaid Note, Maria L. Sisti, a single woman made, executed and delivered to Mortgage Electronic Registration Systems, Inc., as nominee for Advanced Financial Services, Inc. a Mortgage in the original principal amount of $97,730.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on July 31, 2009, Instrument #200926746. 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 Mortgage was assigned by Mortgage Electronic Registration Systems, Inc., as nominee for Advanced Financial Services, Incorporated to Wells Fargo Bank, NA, pursuant to an assignment of mortgage dated January 9, 2012 and recorded on January 12, 2012 in the Office of the Recorder of Deeds for Cumberland County, Instrument #201201165. 6. Defendant is in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest being contractually due for the September 2011 payment, and pursuant to the terms of the aforesaid Mortgage, after written notice of said default to Defendant(s), the entire principal balance and accrued interest due thereunder has been accelerated. Zucker, Goldberg & Ackerman, LLC XFP-164885 7. Maria L. Sisti, single woman is the record and real owner of the aforesaid mortgaged premises. 8. On November 6, 2011, Defendant(s) were mailed a Notice of Intention to Foreclose Mortgage, in compliance with Act 6 of 1974, 41 P.S. §101, et seq. 9. 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).]. 10. The amount due and owing Plaintiff by Defendant(s) is as follows: Principal $95,405.67 Interest through 03/17/2012 $3,889.30 Escrow Advance $799.03 Escrow Balance ($0.00) Suspense Balance ($0.00) Late Charges $190.40 Inspection Fees $55.00 Corporate Advance $0.00 Total $100,339.40 plus interest on the principal sum ($95,405.67) at the daily per diem amount of $16.99, 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 $100,339.40, with interest thereon at the daily per diem amount of $16.99 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-164885 ZUCKER, GOLDBERG & ACKERMAN, LLC Dated: Marche , 2012 BY: (/? Scott A. Diett i s ire; PA I.D. #55650 Kimberly onner, Esquire; PA I.D. #89705 Joel A. A rrrman, 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-164885/pl 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com THIS 1S AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION 0OWNED WILL BE USED FOR THAT PURPOSE. Zucker, Goldberg & Ackerman, LLC XFP-164885 EXHIBIT A Zucker, Goldberg & Ackerman, LLC XFP-164885 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 BIT A Instrument Number - 200926746 Recorded On 7/31/2009 At 11:40:49 AM * Total Pages - 13 * Instrument Type - MORTGAGE Invoice Number - 49466 User ID - RAK * Mortgagor - SISTI, MARIA L * Mortgagee - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC * Customer - FIRST AMERICAN * FEES STATE WRIT TAX STATE JCS/ACCESS TO JUSTICE RECORDING FEES - RECORDER OF DEEDS PARCEL CERTIFICATION FEES AFFORDABLE HOUSING COUNTY ARCHIVES FEE ROD ARCHIVES FEE TOTAL PAID $0.50 $10.00 $27.50 $10.00 $11.50 $2.00 $3.00 $64.50 I Certify this to be recorded in Cumberland County PA Q RECORDER O D DS t?ao * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. Certification Page DO NOT DETACH This page is now part of this legal document. NOW I -? ? '? ,? ,? r w Prepared By l Tara A. Thomas 25 Enterprise Center Newport, RI 02842 (401)434-5500 WHEN RECORDED, RETURN TO: EQUITYLOANSERWCES 1100 SUPERIOR AVENUE SUITE 200 !CLEVELAND, OHIO 44114 INA7701VAL RECORDING - TEAM I Accommodation Recordnng Per Client Request Parcel Number: Premises: 22 N 2nd St, Wormleysburg, PA 17043 [Space Above This Line For Recording Datal Commonwealth of Pennsylvania MORTGAGE FHA Use No. ?' MIN THIS MORTGAGE ("Security Instrument") is given on July 15, 2009 The Mortgagor is Maria L Si sti' a s tn1 (rU Loom&n ("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 MERS has a mailing address of P.O. Box 2026, Flint, MI 48501-2026 and a street address of 3300 S.W. 34th Avenue, Suite 101, Ocala, FL 34474. The MERS telephone number is (888) 674-MERS. Advanced Fi nanci al Services, Inc. , ("Lender") is organized and existing under the laws of Rhode Island and 2009-1242709 6053 FHA MMorlgage with MUM - PA Hdvi 4 p§,Antended 6/02 vM P8 PA) (0806) Woltem Kluwer Rnandal Servicea Inill MPrge 1 or 11 MZ "? . .......... It?1Nl?i has an address of 25 Enterprise Center, Newport, RI 02842 Borrower owes Lender the principal sum of ni nety-seven thousand seven hundred thi rty and 00/100 Dollars(U.S. $97,730.00 ). 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 August 1, 2039 . This Security Instrument secures to Lender: (a) t}te 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 Instntment; and (c) the performance of Borrower's covenants and agreements under this Security 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 Cumberland C4sunty, Pennsylvania: See Attached Exhibit A which has the address of 22 N 2nd St [street] Wormleysburg (City], Pennsylvania 17043 [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 Securit_V 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, (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 2009-1242701 6053 FHA Mang" with MERS . PA ftev 4/9 ided 6102 VMPO W01torrs Kluwar Financial Services ?. ?)20of 11 . 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. 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 [Vote 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 trust 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 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). 3. Application of Payments. All payments tinder 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; 2009-1242701 FHA Mnrtpape w lth MGRS - PA vMPAt vfdteis kluwer Financial services 6053 1 erWeo 6102 PA) (0806) ktitlsls: Pape 3 W 11 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 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 fire, for which Lender requires insurance. This insurance shall be maintained in 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. 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 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 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 (lie Property or allow the Property to deteriorate, reasonable wear and tear excepted. Leader 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 infonnation 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, 2009-1242701 6069 FHA Morepspe with MFRS - PA 4 qmetWed 6102 VMP® P4N(PA) (0606) Wolters K1uwv Financial Service% lyti Pepe a of Is 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 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. 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 other 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 condamttation 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. Arty amounts disbursed by Leader 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 tnamter 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 Instrument, 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 nnay 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 20094242701 6053 FHA Mortgage with MEAS - PA i d V MPdq J"*nd" 6102 j ((0808 Wolters Kluwer Financial Sarv?ces Wtla Peps I lot 11 payment defaults, require immediate payment in full of all sums secured by this Security Instrument if 0) 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 neat 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. 1701 j-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 accordance 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 subsequent events. (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 ntay, 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 tinder 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 reinstatement 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 2009-1242701 6053 FHA Mortgage with Mtn . pA 4 8102 wdPe®rs Kluwer Financial Senlese Inta! p lle 6 of 16)1 i 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 die 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 continence 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. 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 to 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 Security 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. 2009-1242701 - 6053 VIi.ncial 6102 FHA Mongape with MFRS • PA /ij?a1 qyy q vMPS q(PA) Walters Kluwer Flnanrld SaNlesa ML +?y , P? 7%0'g') 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 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 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 Borr ower. 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'l (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. 2009-1242701 - 6033 FHA Matgage with Mt3LS - PA ed 6/02 vMPAe PMA) (0606) Wdlers Kluwer Prandial Services Initial • 8 Of 11 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 stay 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 sheriffs 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 supplement 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 E:1 Growing Equity Rider F-1 Other [specify] ? Planned Unit Development Rider 0 Graduated Payment Rider 2008-1242701 8053 n U1 Mortgop w ith M M - PA ud 999999??????I1!!l!!!''''J9??,ded 8102 VMP@ Pr'N(PA) t0808) Wolters Kluwer Financial Services Initiol • c PV09 of 11 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: % eal) a r i L Si -Borrower 2009-12427oi FHA Mortgage with MFRS - PA VMP0 Woeers Kirrwer Financial Services - (Seal) -Borrower - (Seal) -Borrower (Seal-) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower 6053 ieed 4! ed 8l02 PAI(OE06) Inili 0 or S 1 COMMONWEALTH OF PENNSYLVANIA, Cumberland County ss: On this. 15th day of July, 2009 , before me, the undersigned officer, personally appeared Maria L S i s t i 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, 1 hereunto set my hand and official seal. k4y Commission Expires: rates seek Paw swpX-1f Y h ry 2011 Title of Officer 1 Certificate of Residence -s,%'. P&(mcy) t [,Equity National Title And Closing Svcs ,dohereby certify, that the correct address of the within-named Mortgagee is 3300 I.W. 34th Avenue, Suite 101, Ocala. FL 34474, P.O. Box 2026, Flint, MI 48501-2026. Witness my hand this 15th day yk'Jul y, 2009-1242701 FHA Mortgage with M t37S - PA %'MPe Wonting Kluwer Finwaal Services city National Title nd Agent of JE5S1CAL *9k1M Nt>l 6053 Rev 4lA?IYrye qed W02 PAj10806) 9ii la. e l i of 11 1? 22 North 2nd Street Wormleysburg, Pennsylvania 17043 Maria L.. Sisti EXHIBIT A ALL THAT CERTAIN tract of land situate in the Borough of Wormleysburg, Cumberland County, Pennsylvania bounded and described according to a survey of Michael C. D'Angelo, Registered Surveyor, dated September 1, 1976 as follows, to wit: BEGINNING at a point on the western line of Second Street, said point being the same measured in a southerly direction on a distance of 520 feet from Chestnut Street; thence along said western line of Second Street South 30 degrees 30 minutes East a distance of 16.50 feet to a point: thence South 59 degrees 30 minutes West being along and through the center line of Partition wall and beyond a distance of 150 feet to a pin on the eastern line of Hill Ailey; thence North 30 degrees 30 minutes West along the said eastern line of Hill Alley a distance of 16.50 feet to a point; thence North 59 degrees 30 minutes East along the southern line of lands now or formerly of C. Wolfley a distance of 150 feet to a pin on the western line of Second Street, the point and place of BEGINNING. HAVING thereon erected a two and one half frame dwelling known and numbered as 22 North Second Street. Being the same property conveyed from Nick Brussese, Jr., Betty M. Brussese, Nick M. Brussese and Susan Brussese to Maria L. Sisti by deed recorded January 31, 2002 in Book 250, page 1029 in the registrar's office of Cumberland County. Parcel ID #: 47-20-1858-064 Block: Lot: dlllll01IIIIUI SISTI 40949858 PA FIRST AMERICAN EL-S-/ MORTGAGE IIII I l IIU II III IIUlIIlINI IIII II ? I II U lfl % . : 0 VERIFICATION Samir Erian, hereby states th&he is Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff or mortgage servicing agent for plaintiff in this matter, thatQshe is 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 o hi er 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. Name: Samir Erian DATE: 03/23/2012 Title: Vice President Loan Documentation 032-PA-V3 Zucker,Goldberg & Ackerman, LLC XFP-164885 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff W THE PROT ON M-,"` Jody S Smith Chief Deputy Richard W Stewart Solicitor «' - Wells Fargo Bank, N.A. vs. Maria L. Sisti SHERIFF'S RETURN OF SERVICE 2012 APR 17 AM 9: 25 C RLNND COUNTY SYLVANIA Case Number 2012-2013 04/03/2012 07:00 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April 3, 2012 at 1900 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Maria L. Sisti, by making known unto herself personally, at 22 N. Second Street, Wormleysburg, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $44.00 April 10, 2012 RONALD HOOVER, DEPUTY SO ANSWERS, 12 eo"'? (;" '? - "RON R ANDERSON, SHERIFF ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. Plaintiff, CIVIL DIVISION vs. Maria L. Sisti; Defendant. TO THE PROTHONOTARY: NO.: 2012-2013-CIVIL *._~ .. r *x !~`- r ~ f ~~ W ~ V ~a ~ m r ~ ~ Y . : ~-q Y ~ ~ > .. ~ ~ PRAECIPE TO SETTLE AND DISCONTINUE Please mark the case filed at the above-captioned term and number SETTLED and DISCONTINUED, without prejudice. Respectfully Submitted: ZUCKER, GOLDBERf~I& ACKERMAN, LLC BY: - _ Scott ietterick, Esquire; PA I.D. #55650 Ki rly A. Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 Attorneys for Plaintiff XFP-164885/ka 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX f~ LEONARD B. ZUCKER MICHAEL S. ACKERMAN JOEL ACKERMAN' FRANCES GAMBARDELLA BRIAN C. NICHOLAS 0 STEVEN D. KROL CHRISTOPHER G. FORA DENISE GARCON ~ CHRISTINE E. POTTER RYAN S. MALC ASHLEIGH LEVY MARIN f DOUGLAS 1. McDONOUGH TIMOTHY 1. ZIEGLER STEPHANIE WOLCHOK ELIZABETH P. RIZZO ROBERT D. BAILEY JAIME R. ACKERMAN RACHEL G. PACKER 3 KACIE W. BROWN ' ALSO MEMBER OF NY, PA AND CA BAR • ALSO MEMBER OF NY, PA AND ME BAR 0 ALSO MEMBER OF NY AND ME BAR p ALSO MEMBER OF NV BAR f ALSO MEMBER OF PA BAR k ALSO MEMBER OF NV AND DC BAR XFP-164885 Cumberland County Prothonotary Cumberland County Courthouse Carlisle, PA 17013-3387 Re: vs. Property Address: Dear Sir/Madam: GOLDBERG Sc ACKERMAN, LLC ZUCKER FOUNDED IN 1923 , ATTORNEYS AT LAW AS ZUCKER & GOLDBERG MAURICE J. ZUCKER 11918-1979) 200 SHEFFIELD STREET- SUITE 101 LOUIS D. GOLDBERG (1923-1967) P.O. BOX 102A LEONARD H. GOLDBERG 11929-1979) BENIAMIN WEISS (1949-1981) MOUNTAINSIDE, NJ 07092-0024 TELEPHONE: 908-233-8500 FACSIMILE: 908-233-1390 Pennsylvania Office: E-MAIL: office@zuckergoldberg.com P.o. eoX 6so Hershey, PA 17033 For payoff/reinstatement figures Please send your request to: zuckergoldberg.com/pr OF COUNSEL: REPLY TO NEW JERSEY ADDRESS KIMBERLVA' ONNER, ESQ. Y RALPH M. SALVIA, ESQ. Y V MEMBER OF PA BAR ONLY November 26, 2012 Wells Fargo Bank, N.A. Maria L. Sisti, single woman 22 North 2nd Street Wormleysburg, PA 17043-1307 2012-2013-CI VI L Docket No.: Enclosed for filing please find an original and one copy of a Praecipe to Settle and Discontinue. Please file the original immediately upon receipt and return the extra copy of the face page, time-stamped, in the self-addressed stamped envelope provided. Also, enclosed please find a check in the amount of $ 9.50, representing your filing fee. Should you have any questions, please feel free to call the undersigned at 908-233-8500 ext. 166. Very Truly Yours, ZUCKER, GOLDSERG &ACKERMAN, LLC BY: J~G:i~2teP./Z Kathleen Authenreath, Legal Assistant 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 Email: Office@zuckergoldberg.com File No.: XFP-164885 (908) 233-8500; (908) 233-1390 FAX /ka enclosures