HomeMy WebLinkAbout12-3175t'
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA -e
WELLS FARGO BANK, N.A., CIVIL DIVISION
-
Plaintiff, NO.:10?
vs.
TYPE OF PLEADING
Rodney S. Herr; Laurie L. Herr;
CIVIL ACTION - COMPLAINT
Defendants. IN MORTGAGE FORECLOSURE
TO: DEFENDANTS
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE
ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS
FROM SERVICE HEREOF ORA DEFAULT JUDGMENT MAY BE ENTERED
AGAINST YOU.
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. Mill. SC 29715
AND THE DEFENDANT:
26 Maple Ave
Walnut Bottom, PA 17266-9701
CERTIFICATE OF LOCATION
I HEREBY CERTIFY THAT THE LOCATION OF
THE REAL ESTATE AFFECTED BY THIS LIEN IS
26 Maple Avenue. Walnut Bottom PA 17266-9701
Municipality: South Newton
ATTORNE F PLAN TI F
ATTY FILE NO.: XFP 166313
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 Levy Marin, Esquire
Pa I.D. #306799
Ralph M. Salvia, Esquire
Pa I.D. #202946
Jaime R. Ackerman, Esquire
Pa I.D. #311032
200 Sheffield Street, Suite 101
Mountainside, NJ 07092
(908) 233-8500
(908) 233-1390 FAX
office CcDzuckerl?oIdbere.com
File No.: XFP- 166313/mme
p, k e U3. -751--? C
SOW
2 a-7 VY9A
Zucker, Goldberg & Ackerman, LLC
XFP-166313
I
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK, N.A. CIVIL DIVISION
Plaintiff, / iVd
VS. NO.: ?a°?I?S v
Rodney S. Herr; Laurie L. Herr;
Defendant(s).
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential property which is the subject of this foreclosure action, you
may be able to participate in a court:-supervised conciliation conference in an effort to resolve this
matter with your lender.
If you do not have a lawyer, you must take the following steps to be eligible for a conciliation
conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn
Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request
appointment of a legal representative at no charge to you. Once you have been appointed a legal
representative, you must promptly meet with that legal representative within twenty (20) days of the
appointment date. During that meeting, you must provide the legal representative with all requested
financial information so that a loan resolution proposal can be prepared on your behalf. If you and your
legal representative complete a financial worksheet in the format attached hereto, the legal
representative will prepare and file a Request for Conciliation Conference with the Court, which must be
filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do
so and a conciliation conference is scheduled, you will have an opportunity to meet with a
representative of your lender in an attempt to work out reasonable arrangements with your lender
before the mortgage foreclosure suit proceeds forward.
If you are represented by a lawyer, you and your lawyer must take the following steps to be
eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for
the appointment of a legal representative. However, you must provide your lawyer with all requested
financial information so that a loan resolution proposal can be prepared on your behalf. If you and your
lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a
Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60)
days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is
scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to
work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds
forward.
IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED
BY THIS NOTICE. TIDS PROGRAM IS FREE.
ZUCK R, GOLDBERG & ACKERMAN, LLC
BY: ! r % /" 14 Dated: May lJ? 12012 Scott et erick, Esquire; PA I.D. #55650
Kimberly A. Bonner, Esquire; PA I.D. #89705
Joel A. Ackerman, Esquire; PA I.D. #202729
Ashleigh L. Marin,, Esquire; PA I.D. #306799
Ralph M. Salvia, Esquire; PA I.D. #202946
Jaime R. Ackerman, Esquire; PA I.D. #311032
Attorneys for Plaintiff
XFP-166313/mme
200 Sheffield Street, Suite 101
Mountainside, NJ 07092
(908) 233-8500; (908) 233-1390 FAX
Email: Office@zuckergoldberg.com
Zucker, Goldberg & Ackerman, LLC
XFP-166313
I
I
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date:
Cumberland County Court of Common Pleas Docket #
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete. your request for hardship assistance, your lender must consider your circumstances to
determine possible options while working with your
Please provide the following information to the best of your knowledge:
Borrower name(s):
Property Address:
City:
Is the property for sale?
Realtor Name:
Borrower Occupied?
Mailing Address (if different):
City:
Phone Numbers:
Email:
# of people in household:
Mailing Address:
City:
Phone Numbers:
Email:
# of people in household:
First Mortgage Lender:
State: Zip:
Yes [] No ? Listing date: Price: $
Realtor Phone:
Yes [] No ?
State: Zip:
Home: _ Office: _
Cell: Other:
How long'?
State: Zip:
Home: _ Office:
Cell: Other:
How long'?
Type of Loan:
Loan Number:
Second Mortgage Lender:
Type of Loan:
Loan Number:
Total Mortgage Payments Amount: $
Date of Last Payment:
Primary Reason for Default:
Included Taxes & Insurance:
Is the loan in Bankruptcy? Yes ? No ?
If yes, provide names, location of court,, case number & attorney:
Date you closed your loan:
1
I
Assets Amount Owed: Value:
Home: $ $
Other Real Estate: $ _
$
Retirement Funds: $ $
Investments: $ _
$
Checking: $ _ _
$
Savings: $ _ $
Other: $ $
Automobile #1:
Amount owed:
Automobile #2:
Amount owed:
Model:
Value:
Model:
Value:
Monthly Income
Name of Employers:
1.
Year:
Year:
2.
3.
Additional Income Description (not wages):
1. Monthly amount:
2. Monthly amount:
Borrower Pay Days: Co-Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
2nd Mortgage Utilities
Car Payment(s) Condo/Neigh. Fees
Auto Insurance
Med. (not covered) _
Auto fuel/repairs Other prop. payment
Install. Loan Payment Cable TV
Child Support/Alim. Spending Money
Day/Child Care/Tuit.
Other Expenses _
Amount Available for Monthly Mortgage Payments Based on Income & Expenses:
Have you been working with a Housing Counseling Agency?
Yes ? No ?
If yes, please provide the following information:
Counseling Agency:
Counselor:
Phone (Office):
Email:
Fax:
2
A
Have you made application for Homeowners Emergency Mortgage Assistance Program
(HEMAP) assistance?
Yes ? No ?
If yes, please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your
delinquency?
Yes ? No ?
If yes, please indicate the status of those negotiations:
Please provide the following information, if known, regarding your lender or lender's loan servicing
company:
Lender's Contact (Name): Phone:
Servicing Company (Name):
Contact: Phone:
I/We, , authorize the above named to use/refer this
information to my lender/servicer for the sole purpose of evaluating my financial situation for possible
mortgage options. I/We understand that [/we am/are under no obligation to use the services provided
by the above named _
Borrower Signature
Co-Borrower Signature
Date
Date
Please forward this document along with the following information to lender and lender's counsel:
V Proof of Income
V Past 2 bank statements
V Proof of any expected income for the last 45 days
V Copy of current utility bill
V Letter explaining reason for delinquency and any supporting documentation (hardship letter)
V Listing agreement (if property is currently on the market)
3
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK, N.A. CIVIL DIVISION
Plaintiff,
NO.:
vs.
Rodney S. Herr; Laurie L. Herr;
Defendant(s).
REQUEST FOR CONCILIATION CONFERENCE
Pursuant to the Administrative Order dated February 28, 2012 governing the Cumberland
County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies
as follows:
1. Defendant is the owner of the real property which is the subject of this mortgage
foreclosure action;
2. Defendant lives in the subject real property, which is defendant's primary residence;
3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion
Program" and has taken all of the steps required in that Notice to be eligible to participate in
a court-supervised conciliation conference.
The undersigned verifies that the statements made herein are true and correct. I understand
that false statements are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn
falsification to authorities.
Signature of Defendant's Counsel/Appointed Date
Legal Representative
Signature of Defendant
Signature of Defendant
Date
Date
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK, N.A.
vs.
Plaintiff,
Rodney S. Herr; Laurie L. Herr;
AND NOW, this day of
Defendant(s).
CIVIL DIVISION
NO.:
CASE MANAGEMENT ORDER
,20 _,the defendant/borrower in the above-
captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference
verifying that the defendant/borrower has complied with the Administrative Rule requirements for the
scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that:
1. The parties and their counsel are directed to participate in a court-supervised conciliation
Conference on at M. in
Cumberland County Courthouse, Carlisle, Pennsylvania.
at the
2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the
defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the
"Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet"
(Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties
in writing or at the discretion of the Court, the Conciliation Conference ordered may be
rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be
made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve
the completed Form 2 within the time frame set forth herein or such other date as agreed upon
by the parties in writing or ordered by the Court, the case shall be removed from the
Conciliation Conference schedule and the temporary stay of proceedings shall be terminated.
3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in
person and an authorized representative of the plaintiff/lender must either attend the
Conciliation Conference in person or be available by telephone during the course of the
Conciliation Conference. The representative of the plaintiff/lender who participates in the
Conciliation Conference must possess the actual authority to reach a mutually acceptable
Zucker, Goldberg & Ackerman, LLC
XFP-166313
resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the
authorized representative in advance of the Conciliation Conference. If the duly authorized
representative of the plaintiff/lender is not available by telephone during the Conciliation
Conference, the Court will schedule another Conciliation Conference and require the personal
attendance of the authorized representative of the plaintiff/lender at the rescheduled
Conciliation Conference.
4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and
explore all available resolution options which shall include: bringing the mortgage current
through a reinstatement; paying off the mortgage; proposing a forbearance agreement or
repayment plan to bring the account current overtime; agreeing to tender a monetary payment
and to vacate in the near future in exchange for not contesting the matter; offering the lender a
deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the
mortgage default over sixty months; and the institution of bankruptcy proceedings.
5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation
conference.
BY THE COURT,
Zucker, Goldberg & Ackerman, LLC
XFP-166313
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-166313
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK, N.A.
vs.
Rodney S. Herr; Laurie L. Herr;
Plaintiff,
Defendant(s).
NOTICE TO DEFEND
NO.:
_ .7
-1
e, . y
You have been sued in court. If you wish to defend against the claim set forth in the following pages,
you must take action within twenty (20) days after this complaint and notice are served, by entering a
written appearance personally or by attorney and filing in writing with the court your defenses or
objections to the claims set forth against you. You are warned that if you fail to do so the case may
proceed without you and a judgment may be entered against you by the court without further notice for
any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may
lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR
LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
NOTICE TO DEFEND LAWYER REFERRAL.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (800) 990-9108
(717) 249-3166
CIVIL DIVISION
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (800) 990-9108
(717) 249-3166
Zucker, Goldberg & Ackerman, LLC
XFP-166313
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK, N.A.
Plaintiff,
CIVIL DIVISION
vs.
Rodney S. Herr; Laurie L. Herr;
Defendant(s).
AVISO
NO.:
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.
LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN
ABOGADO 0 NO PUEDE PAGAR UNO, LIAME 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
32 S. Bedford Street
Carlisle, PA 17013
Phone (800) 990-9108
(717) 249-3166
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (800) 990-9108
(717) 249-3166
Zucker, Goldberg & Ackerman, LLC
XFP-166313
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK, N.A. CIVIL DIVISION
Plaintiff,
NO..
VS.
Rodney S. Herr; Laurie L. Herr;
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, Rodney S. Herr, is an individual whose last known address is 26 Maple
Ave, Walnut Bottom, PA 17266-9701.
3. Defendant, Laurie L. Herr, is an individual whose last known address is 26 Maple Ave,
Walnut Bottom, PA 17266-9701.
4. On or about July 31, 2008, Rodney S. Herr and Laurie L. Herr executed a Note in favor
of Franklin American Mortgage Company in the original principal amount of $125,088.00.
5. On or about July 31, 2008, as security for payment of the aforesaid Note, Rodney S.
Herr and Laurie L. Herr, husband and wife made, executed and delivered to Mortgage Electronic
Registration Systems, Inc. as nominee for Franklin American Mortgage Company a Mortgage in the
original principal amount of $125,088.00 on the premises hereinafter described, with said Mortgage
being recorded in the Office of the Recorder of Deeds of Cumberland County on August 4, 2008,
Instrument #200826355. 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.
6. The Mortgage was assigned by Mortgage Electronic Registration Systems, Inc. to
Wells Fargo Bank, NA,, pursuant to an assignment of mortgage dated July 21, 2010 and recorded on
August 31, 2010 in the Office of the Recorder of Deeds for Cumberland County, Instrument
#201024204.
Zucker, Goldberg & Ackerman, LLC
XFP-166313
7. The Mortgage was correctively assigned by Mortgage Electronic Registration
Systems, Inc. as nominee for Franklin ,American Mortgage Company to Wells Fargo Bank, NA, plaintiff
herein, pursuant to an assignment of mortgage dated March 13, 2012 and recorded on March 15,
2012 in the Office of the Register of Deeds for Cumberland County, Instrument #201207570. Said
Assignment of Mortgage was recorded to correct the name of the assignor/assignee in the
aforementioned assignment.
8. The aforesaid Mortgage was amended and increased in principal amount of
$152,514.96 pursuant to a certain Modification Agreement by and between Wells Fargo Bank, NA
(Lender) and Mortgage Electronic Registration Systems, Inc. (Mortgagee) and Defendants, Rodney S.
Herr and Laurie L. Herr, which is unrecorded at this time. 'The terms of said modification set forth the
interest rate at 4.625% with a new monthly payment and interest amount of $784.14 commencing
September 1, 2011 and continuing thereon with the due date of obligation August 1, 2041. A true
and correct copy of said Modification Agreement is marked Exhibit "B", attached hereto and made a
part hereof.
9. 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 being contractually due for
the December 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.
10. Rodney S. Herr and Laurie L. Herr, husband and wife are record and real owners of
the aforesaid mortgaged premises.
1.1. 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-166313
12. The amount due and owing Plaintiff by Defendant(s) is as follows:
Principal $150,563.50
Interest through 05/01/2012 $3,481.80
Escrow Advance $250.89
Late Charges $263.75
Inspection Fees $15.00
'Total $154,574.94
plus interest on the principal sum ($150,563.50) at the daily per diem amount of $19.08, 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.
13. 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
$154,574.94, with interest thereon at daily per diem amount of $19.08 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-166313
ZUCKER, GOLDBERG & ACKERMAN, LLC
.f
1U/ BY:
Dated:??(? 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. 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-166313/mme
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-166313
EXHIBIT A
Zucker, Goldberg & Ackerman, LLC
XFP-166313
?I a63s??-
When Recorded Mail To:
IKI
Franklin American Mortgage Company
501 Corporate Centre Drive, Suite 400
Franklin, Tennessee 37067
Tax Parcel Identification Number: 41-31-2230-0004
[Space Above This Line For Recording Data
Loan Numbe> '
Case Numhert
M
MORTGAGE
THIS MORTGAGE ("Security Instrument") is given on JULY 31, 2008. The mortgagor is RODNEY S
HERR and LAURIE L HERR, HUSBAND AND WIFE ("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
BENEFICIARY. MERS IS ORGANIZED AND EXISTING UNDER THE LAWS OF DELAWARE,
AND HAS AN ADDRESS AND TELEPHONE NUMBER OF POST OFFICE BOX 2026, FLINT,
MICHIGAN 48501-2026, TELEPHONE (888)679-MERS. FRANKLIN AMERICAN MORTGAGE
COMPANY, a corporation organized and existing under the laws of TENNESSEE, and whose address is 501
CORPORATE CENTRE DRIVE, SUITE 400, FRANKLIN, TENNESSEE 37067 ("Lender"). Borrower
owes Lender the principal sum of ONE HUNDRED TWENTY-FIVE THOUSAND EIGHTY-EIGHT AND
00/100ths Dollars (U.S.$125,088.00). 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, 2038. 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 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 County, Pennsylvania:
LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF.
GV2083-1 (696) Page I of 8 FHA Pennsylvania Mortgage
Rev. 9107
which has the address of 26 MAPLE AVENUE WALNUT BOTTOM
[seat] [City]
Pennsylvania 17266 ("Property Address");
[Zip Code]
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, MERS (as nominee for
Lender and Lender's successors and assigns) has the right: to exercise any or all orthose 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 and canceling this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully seised 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.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
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"), ar 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. § 2601 et seg. 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..
GV2083-2 (696) Page 2 of 8 FHA Pennsylvania Mortgage
Rev. 9107
/?IS,EF
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 bender 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 under Paragraphs I 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 surance premiums, as required;
Third, to interest due under the Note;
Fourth, to amortization of the principal of the Note; and
Fif h, to late charges due under the Note.
3-Tire, 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 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.
GV2083-3 (696) Page 3 of 8 FHA Pennsylvania Mortgage
Rev. 9107 /?i
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, 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 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 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
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 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
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 accordance with the requirements of the Secretary.
GV2083-4 (696) Page 4 of 8 FHA Pennsylvania Mortgage
Rev. 9107
(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 may, at its option, require immediate payment in foil 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 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 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 sutras 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.
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.
GV2083-5 (696) Page 5 of 8
Rev. 9/07
FHA Pennsylvania Mortgage
??hd
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.
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 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.
GV2083-6 (696) Page 6 of 8
Rev. 9107
FHA Pennsylvania Mortgage
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") (12 U.S.C. 3751 et !Sq.) 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 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 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 and agreements of each such rider shall be incorporated
into and shall amend and supplement the covenants and agreements of this Security Instrument as it" the rider(s)
were a part of this Security Instrument.
[Check applicable box(es)]
? Condominium Rider ? Growing Equity Rider
? Planned Unit Development Rider O Graduated Payment Rider
? Other(s)
[specify]
GV2083-7 (696) Page 7 of 8
Rev. 9107
FHA Pennsylvania Mortgage
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security
Instrument and in any rider(s) executed by Borrower and recorded with it.
_(Seal)
R06 WY S 'OR -Borrower
Borrower qAn ,. A (Seal)
(Seal)
LA RR -- 3orrower
W
z2f la- 144 itnesses: f Q
L
COMMONWEALTH OF PENNSYLVANIA,
(Seal)
-Borrower
County ss:rr?Q?<l? .
On this, the Z\5"- day ofT ? 200 CD
before me,
7::y;Arc? u Qa-majg' the undersig officer, personally
appeared RODNEY S HERR and LAURIE L HERR , known to me (or satisfactorily proven) to be the
person whose name CA X4-0-_ subscribed to the within instrument, and
acknowledged that _Lhe?c executed the same for the purposes therein contained. In witness hereof, I hereunto
set my hand and official sell.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
,emission Fires: ? \3?\
ON WEAL OF PENNY ti'::...:: '
NOTARIAL SEAL
JOLENE M. CRAMER, Notary Public Title of Officer
. tAvOrk" Twp., Delaware Couniv
t do hereby certify that the correct
address of the within-named lender is 501 CORPORATE CENTRE DRIVE, SUITE 400, FRANKLIN,
TENNESSEE 37067, witness my hand this 31ST day of JULY, 2008.
.Agent of Lender.
GV2083-8 (696) Page 8 of 8 FHA Pennsylvania Mortgage
Rev. 9107
r
Exhibit A
ALL THOSE TWO CERTAIN parcels of land situate in the Township of South
Newton, County of Cumberland, State of Pennsylvania, being bounded and described as
follows, to wit:
Tract No. 1: Beginning at an iron pin in the center of the public road leading from
Jacksonville to the Stoughstown public road also known as Maple Avenue; thence by the
center of the same, North 36' West, a distance of 29.8 feet to an iron pin in the center of
the public road; thence along lands, now or formerly of John Robinson, South 57' 40'
West, a distance of 161.2 feet to a stake; thence by lands now or formerly of Mrs. John
Myers, North 41 1/2' East, a distance of 16.9 feet to a post; thence along lands now or
formerly of Lena B. Thrush Estate and being Tract No. 2 hereinafter described, North 41
deg. 30' West a distance of 83.4 feet to a stake; thence continuing by lands now or
formerly of Lena B. Thrush Estate and being Tract No. 2 hereinafter described, North 51'
30' East, a distance of 147.6 feet to the place of beginning. Containing 0.55 acres.
Tract No. 2: Bounded on the East by the public road leading from Jacksonville to the
Stroughstown public road also known as Maple Avenue, on the North and West by lands
now or formerly of the Estate of Lena B. Thrush, being Tract No. 1 hereinafter described;
an on the South by land now or formerly of John Killinger and Mae Killinger, his wife,
containing'/, acre, more or less.
The above two tracts of land containing total frontage of 96 feet more or less and being
improved with a dwelling house, known as 26 Maple Avenue, Walnut Bottom, South
Newton Township, Cumberland County, Pennsylvania.
Tax/Parcel ID: 41-31-2230-004
Commonly Known as: 26 Maple Ave., Walnut Bottom, PA 17266.
M
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 170:13
717-240-6370
Instrument Number - 200826355
Recorded On 8/4/2008 At 8:20:03 AM * Total Pages - 10
* Instrument Type - MORTGAGE
Invoice Number - 26341 User ID - JM
* Mortgagor - HERR, RODNEY S
* Mortgagee - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS I:NC
* Customer - CORNERSTONE LAND TRANSFER INC
* FEES
STATE WRIT TAX $0.50
STATE JCS/ACCESS TO $10.00
JUSTICE
RECORDING FEES - $21.50
RECORDER OF DEEDS
AFFORDABLE HOUSING $11.50
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
TOTAL PAID $48.50
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
I Certify this to be recorded
in Cumberland County PA
a c ? ,o
a ,
° RECORDER O D EDS
rreo
* - Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
OOOY7P
11111111111111111111111111111
EXHIBIT B
Zucker, Goldberg & Ackerman, LLC
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LOAN MODIFICATION ACEELIZ4T
LOAN NUMBER:
P OPERTY ADDI aS 26 Maple Avenue
Walnut BuLLom PA 1?266
MLN: MFRS Phone- L-888-619-631'
THIS LOAN MOMPTC_ATTON ACREEMI?NT ("Agreement"), made on
June 27, 2011, by and between Rodney S Heir and
Laurie Herr and (the 71Borrower;& ") and
Wells Fargo Bank, N.a. (the "Lender",
And Mortgage Electronic Registration Systems, Inc. (Mortgagee!
togc her with the Borrower(s), the ''Part:ies").
WI'TNESSETH
WHEREAS, Borrower has requested and Lender has agreed, subject to the
following terms and conditions, t_o a loan modification as follows:
NOW THEREFORE, in connideraLion of the covLndPts• hereinafter set forth.
and fcr other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged by the Parties, it is agreed
as follows (notwithstanding anything to the contrary in the Note and
Security Instrument dated 07/31/2008.;
1. BALANCE. As of June 27, 2011, the amounv payable under the Note
and Security instrument (the "Unpaid Principal Balance"', i U.S.
$ 129,717.30.
2 EXTENSION. This Agreement hereby modifies the following terms of the
Note and Security Instrument described herein above as follows:
A. The current contractual due date has Leon extended from 01-01-10
Lc 09/01/2011. The first modified contractual due date is on
09/01/2011.
B. The maturity date has been extended from 10-39 (month/yuaZ to
08/01/2041.
C. The amount of interest to be included (capi.taLized) will be U.S.
$ 11,890.80.
The amount of the Escrow Advance to be capitalized will be U.S. $4,458.52.
The amount of Recoverable Expenses* to be capitalized will bey
U.S. $5,448.34.
The modified Unpaid Principal Balance 0 U.S. $ 52,514.96
Recoverable Expenses may include, but are not limited cc ERA,
Attorney fees/costs, BPO/Appraisa'l, and/or Property Rreserva7ion/
Property Inspections
D. The Borrower(s) promises to pay the ':Unpaid Principal Balance plus
interest, to the order of the Lender. Interest will be charged on the
Unpaid Principal Balance of U.S. $ 152,514.96. The Borrower(s) promises
to make monthly payments of principal and inLeresL of U.S $ 784.14,
at a yearly rate of 4.625 1, not including any escrow deposit, if
applicable. If on the mat.uricy date the Borrower(s) still owes an amount
under the Note and Security Instrument, as amended by thdo Agreement,
Borrower(s) will pay this amount in full on the maturity date.
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Borrower' agrees that certain amounts owed will not be capitalized,
waived, or addressed as part of this Agreement, and will remain owed
unti', paid. These amounts owed are referenced in the Cover Letter to
this Agreement, which is incorporated herein, and are to be paid with
the return of this executed Agreement. If these amounts owed are not
paid with the return of this executed Agreement, therr Lender- may deem
this Agreement void.
3. NOTE AND SECURITY INSTRUMENT Nothing in this Agreement ?;t>all be
uriderst`)od or construed to be a :gat i sfacti (--ii or release, in whole or i n
part of the Bor:-ower's obligations under t'.a Note or Secur- LInstrument.
Further, except as otherwise specifically T%rovide?d in t-hi;= Agreement, the
Note and Security Instrument will remain unchanged, and Borrower and
Lender w111 be bound by, and shall comply with, a I I of e tei-ms and
prov-Lsions thereof, as amended b; r this Agreement.
4. The undersigned Borrower(s) acknowledge receipt and acceptance of the
Loan Modification Settlement Statement. Borrower;;) agree w.ir.h the
information disclosed in and understand that I/we am/are -responsible for
pa-y-ment of any outstanding balances out-Lined in the Loan: mod _fication
Settlement.
5 The undersigned Borrower(s) acknowledge receipt and acceptance of the
Borrower Acknowledgements, Agreements, and Disclosures Document (BAAD)
6. if :.ncluded, the undersigned F3or.rcwer(sa acknowledge rc.-ceipt and
acceptance of the Truth in Lending statement.
IF included, the undersigned Borrower(s) acknowledge rece-pt and
acceptance of the 1-4 Family Modificaticr. :,greement Rider 'Iss.gnment
Of Rent".
8. it included, the undersigned Borrower(s) acknowledge rr?cF?ipt and
acceotance of the Special Flood Hazard r-lrec, (SrHiO _
`_) - `1'nis agreement is conditioned upon tl-.c , ccoi pt of: the .;.. -;•. Family
Modification Agreement Rider Assignment of Rents, if inclLLcied, specified
1.1z the attached cover letter, which is _incorporated herein by reference.
10. Ti-Iat (he/she/they) (is/are) the Borrower s) on the ab-0v(- -referenced
Mortgage Loan serviced by wc11s Fargo Bani:, IN-a- -
That ;he/she/they) have experienced a f:inaricial hardship or change in
financial circumstances since the criyir.at?on of (his/her/their)
Mortgage Loan.
That the/she/they) did riot. intentionally or purposefuily default on the
Mortgage Loan in order Lo obtain a loan modification.
LM521/MK6/2
Together wel go far
well; "Y" Hum..1/-Igegr,i a Aivi-,o of W4, Payo Bay.„ NA . 14ML5R 1939989i
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CORKHCTI-ON ACRE14MENT. The undersigned borrower(s), for a,:d it
cons de:raticri of the approval, c:losi.ng acid funding of th},
Mods°ication, hereby grants wells Fargo Bank, N.a. , as
lender, limited power of attorne}, to correct and/or initial all
tvpotjrapt-.ical ci_- clerical errors discovered in the Modification
Agreement required to be signed. In the event this limited power of
attoi.ney is exercised, the undersigned r,il1 be notified and receive
a curry the document executed or initialed on their behaiff. This
provision may noL be used Lo modify tyre interest raLe?, Iriudi.."-? tree
term modify the outstanding principal balance or modify the
uncle-'signed's monthly principal and interest payments as modified by
thi:3 Agreement. Any of these specified changes must be c.<_occuted
dire :tl? by the undersigned. Thi:'? limited power cf attorncy shall
automatically terminate in 12 d?iys fjom, the closing date of the
ur.de si?red's Modific;atiorn. - ( rBOZr-ower (s) initial.
IN ' ITN 'S WHEREOF, the Parties hereto have executed th-Is !.gleement as
the late first above written..
E3',' a lgnLlig this Agreement I hereby consent t:o being ccncacte(-.? concerning
LtiiS loan aL any cellular ur Inob_le ;,eleptrcrre rrufriber l may ,`-rave. This
includes text messages and telephone calls ynclud.inq the use= of
automated dialing systems to cent-act r,-ly cellular or mobs 1e c=elephone.
You .,;ill not be billed by your c(-llular or nobile carrier for anv text
messages you may receive from We is Fargo, however, any calls we place
to ;?our cellular or mobile phone will incur normal airtime charges
assessed by your mobile carrier.
Dated as of tthis Lilt day of 2G11
Rodney Herr ur e L PLI -?
Signature Signature
Kelley Butikofer
Q7/)q,11? Vice President Loan Documentation
We *1s Fa- o Ba r.' N.a.
`??n1 g
Mortg ge Electronic Registration Systems, Inc.
Christy G baert
Name: ?«+e suascribea to
Assistant-Seeretu - tlrM.
ICS- « e Lai, 2W Il
T M527/MX5/3 ?!?
COW ?1QN ALTH F P OU"LVANS1,
NOTARIAL SEAL
LINDA M. ROUSH, Notary Public
Boro of Carlisle, Cumberland County Together we'll go far
My Commission Expires March 22, 201
W, 1, -a,qe H0-ir Mmigage is, dnis on e` Wells rxyu!Sank, N.A. NM-SR ID 39980;
0, . .4
VERIFICATION
Florence Gomez, hereby states that I she is Vice President Loan Docun-ientation
of WELLS LARGO BANK. N.A.. plaintiff or mortgage ser" icing agent for plaintiff in
this matter, that/ she is authorized to make this Verification. and verify that the
statements made in the foregoing Civil :Action in McIrt?oage Foreclosure are true and
correct to the best of h' /her information and belief. The undersigned understands that
this statement is made subject to the penalties of 18 Pa. ('.S. Sec. 4904 relatiffi-I to
unsworn falsification to authorities.
D.ATL: ? ??(--
\AN/1E: Herr
FILE +'$ 166313
() 12-PA-VII
Name: Florence Gon
Title: Vicc President Loan DOCUI)entation
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
L r , _, .F
C5 2-
30
Wells Fargo Bank, N.A.
vs. Case Number
Rodney S. Herr (et al.) 2012-3175
SHERIFF'S RETURN OF SERVICE
05/22/2012 07:40 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on May 22
2012 at 1740 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of
Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Rodney S
Herr, by making known unto Laurie Herr, Wife of Defendant at 26 Maple Avenue, Walnut Bottom,
Cumberland County, Pennsylvania 17266 its contents and at the same time handing to her personally the
said true and correct copy of the same.
S UWSL, DEPUTY
05/22/2012 07:40 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on May 22
2012 at 1740 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of
Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Laurie L.
Herr, by snaking known unto herself personally, at 26 Maple Avenue, Walnut Bottom, Cumberland County,
Pennsylvania 17266 its contents and at the same time handing to her personally the said true and correct
copy of the same.
SHERIFF COST: $58.00
May 25, 2012
TSHA PUTY
SO ANSWERS,
ROR ANDERSON
SHERIFF
WELLS FARGO BANK, N.A.,
Plaintiff
VS.
RODNEY S. HERR and
LAURIE L. HERR,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
NO. 12-3175 CIVIL
CASE MANAGEMENT ORDER
AND NOW, this 213* day of June, 2012, the defendant/borrower in the above-
captioned residential mortgage foreclosure action having filed a Request for Conciliation
Conference verifying that the defendant/borrower has complied with the Administrative Rule
requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND
DECREED that:
The parties and their counsel are directed to participate in a court-supervised
conciliation Conference on August 16, 2012, at 11:00 A.M. in Chambers No. 4 at the
Cumberland County Courthouse, Carlisle, Pennsylvania.
2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the
defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the
"Cumberland County Residential Mortgage Foreclosure Diversion Program Financial
Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon
agreement of the parties in writing or at the discretion of the Court, the Conciliation
Conference ordered may be rescheduled to a later date and/or the date upon which
service of the completed Form 2 is to be made may be extended. Upon notice to the
IN
Court of the defendant/borrower's failure to serve the completed Form 2 within the
time frame set forth herein or such other date as agreed upon by the parties in writing
or ordered by the Court, the case shall be removed from the Conciliation Conference
schedule and the temporary stay of proceedings shall be terminated.
3. The defendant/borrower and counsel for the parties must attend the Conciliation
Conference in person and an authorized representative of the plaintiff/lender must
either attend the Conciliation Conference in person or be available by telephone
during the course of the Conciliation Conference. The representative of the
plaintiff/lender who participates in the Conciliation Conference must possess the
actual authority to reach a mutually acceptable resolution, and counsel for the
plaintiff/lender must discuss resolution proposals with the authorized representative
in advance of the Conciliation Conference. If the duly authorized representative of
the plaintiff/lender is not available by telephone during the Conciliation Conference,
the Court will schedule another Conciliation Conference and require the personal
attendance of the authorized representative of the plaintiff/lender at the rescheduled
Conciliation Conference.
4. At the Conciliation Conference, the parties and their counsel shall be prepared to
discuss and explore all available resolution options which shall include: bringing the
mortgage current through a reinstatement; paying off the mortgage; proposing a
forbearance agreement or repayment plan to bring the account current over time;
agreeing to tender a monetary payment and to vacate in the near future in exchange
for not contesting the matter; offering the lender a deed in lieu of foreclosure;
entering into a loan modification or a reverse mortgage; paying the mortgage default
over sixty months; and the institution of bankruptcy proceedings.
5. All proceedings in this matter are stayed pending the completion of the scheduled
conciliation conference.
BY THE COURT,
J.
t? Scott A. Dietterick, Esquire _
For the Plaintiff °
Henry F. Coyne, Esquire c
For the Defendants rv ?t
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WELLS FARGO BANK, N.A., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVAINIA
vs. CIVIL ACTION -LAW
N0.2012-3175 CIVIL
RODNEY S. HERB and
LAURIE L. HERR,
Defendants
IN RE: CONCILIATION CONFERENCE
Present at a mortgage conciliation conference held this date were Ralph M. Salvia,
Esquire, attorney for the plaintiff; Henry F. Coyne, Esquire, attorney for the defendants; and the
borrowers, Rodney and Laurie Herr.
The initial approach to this matter will be an attempted home loan modification through
Wells Fargo. It was agreed that two weeks from today the defendants/borrowers will' submit
through counsel: (1) a signed 2011 tax return Form 1040; (2) a dated hardship letter; (3) a W
Fargo financial worksheet; and (4) proof of income for July 2012 for both parties. Counsel will
also consult concerning the efficacy of a RAMP application.
Continued conciliation conference to be held on Tuesday, October 2, 2012, at 11:00 a.m.
August 16, 2012
~ Ralph M. Salvia, Esquire
For the Plaintiff
/Henry F. Coyne, Esquire
For the Defendants
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WELLS FARGO BANK,N.A., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION—LAW
NO. 2012-3175 CIVIL
RODNEY S. HERR and
LAURIE L. HERR,
Defendants
IN RE: CONCILIATION CONFERENCE
ORDER
AND NOW,this 8r day of May, 2013, it appearing that the plaintiff currently has the
defendants' loan modification request under review, further conciliation in this matter is
continued generally to the request of either party.
BY THE COURT,
A
Kevi Hess, P. J.
ZRalph M. Salvia, Esquire
7 Fo the Plaintiff
r
Henry F. Coyne, Esquire
For the Defendants
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