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HomeMy WebLinkAbout12-3423IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A., Plaintiff, VS. CIVIL DIVISION -? r."` i i - ': aSYL'rP?NIA TYPE OF PLEADING Zidane M. Lamchaouri; Defendant. TO: DEFENDANT YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE (HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 3476 Stateview Blvd- MAC # X7801-013, Ft. Mill, 29715 AND THE DEFENDANT: 302 April Drive Camp Hill, PA 17011-5008 CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 5008 ATTORNEY40W PLAI ATTY FKE NO.: XFP 163895 CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: Wells Fargo Bank, N.A. COUNSEL OF RECORD FOR THIS PARTY: 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(@zuckereoldberg.com File No.: XFP-163895/mme NY-? a - 7 s? a?. 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'IHIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, NO.. VS. Zidane M. Lamchaouri; 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 LAWYER REFERRAL Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, NO.. VS. Zidane M. Lamchaouri; Defendant(s). AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de la demanda establecida en las siguientes ppginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Denjanda y Aviso respondiendo personalmente o por medio de un abogado una comparecencia esc rita y radiicando 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 O'',cua Iquier otra reclamaci6n o remedio solicitado por el demandante, puede ser dictado en contra Suva'por la Corte. Usted puede perder dinero o propiedades u otros derechos importantes para usted. LISTED DEBIT LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO b 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, NO.. VS. Zidane M. Lamchaouri; 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, Zidane M. Lamchaouri, is an individual whose last known address is 302 April Drive, Camp Hill, PA 17011-5008. 3. On or about October 26, 2009, Zidane M. Lamchaouri executed a Note in favor of Wells Fargo Bank, NA in the original principal amount of $137,464.00. 4. On or about October 26, 2009, as security for payment of the aforesaid Note, Zidane M. Lamchaouri, a married person made, executed and delivered to Wells Fargo Bank, NA a Mortgage in the original principal amount of $137,464.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on November 6, 2009, Instrument #200937697. 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. 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 October 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. 6. Zidane M. Lamchaouri, married man is the record and real owner of the aforesaid mortgaged premises. 7. On April 26, 2012, Defendant(s) were mailed a Notice of Intention to Foreclose Mortgage, in compliance with Act 6 of 1974, 41 P.S. §101, et seq. 8. The amount due and owing Plaintiff by Defendant(s) is as follows: Principal $133,989.45 Interest through 05/10/2012 $5,094.67 Escrow Advance $403.46 Suspense Balance ($827.19) Late Charges $181.92 Inspection Fees $160.00 Total $139,002.31 plus interest on the principal sum ($133,989.45) at the daily per diem amount of $20.19, 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. 9. 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 $139,002.31, with interest thereon at daily per diem amount of $20.19 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, GOLDBE & ACKERMAN, LLC Dated: -1) V By: / Scot Dietterick, Esquire; PA I.D. #55650 Ki erly 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-163895/mme 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com '*IS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT A ? y Prepared By: WELLS FARGO BANK, N.A. 6155 ROCKSIDE ROAD, SUITE 115, INDEPENDENCE, OR 441312207 Return To: WFHM FINAL DOCS X2599-024 405 SW 5TH STREET DES MOINES, IA 50309-4600 Parcel Number: Premises: 302 APRIL DR CAMP HILL Nllllllld ?° 00,MF, [Space Above This Line For Recording Data) w -'- Nn Commonwealth of Pennsylvania MORTGAGE THIS MORTGAGE ("Security Instrument") is given on OCTOBER 26, 2009 The Mortgagor is ZIDANE M LAMCHAOURI, A MARRIED PERSON ("Borrower"). This Security Instrument is given to WELLS FARGO BANK, N.A. WELLS FARGO BANK, N.A. which is organized and existing under the laws of THE UNITED STATES , and whose address is P.O. BOX 11701, NEWARK, NJ 071014701 ("Lender"). Borrower owes Lender the principal sum of ONE HUNDRED THIRTY SEVEN THOUSAND FOUR HUNDRED SIXTY FOUR AND 00/100 Dollars (U.S. S ********137,464. 00 NMFL i#0642 (PAFM) Rev 412412006 FHA Pennsylvania Mortgage • 4/96 at : -4ROA) (osoa) vMP Mortgage Soluaona, Inc. Pays 1 of 9 Initlals:_ L` ,- 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 NOVM40R 01, 2039 . 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 the Lender the following described property located in CUMERLAND County, Pennsylvania: **SEE ATTACHED which has the address of 302 APRIL DR fstueer] CAMP HILL [City], Pennsylvania 17011 [Zip Code] ("Property Address"); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security ;Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right' to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. Borrower and Lender covenant and agree as follows: UNIFORM COVENANTS. 1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly ',payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Peivelopment ("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 Initials:` 7 (k'4RlPAl P5W) Pape 2 of 9 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 under paragraphs 1 and 2 shall be applied by Lender as follows: First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge fly the Secretary instead of the monthly mortgage insurance premium; S n to any taxes, special assessments, leasehold payments or ground rents, and fire, llood'and other hazard insurance premiums, as required; Third. to interest due under the Note; Fo h to amortization of the principal of the Note; and Fi 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. "itlals:Z-+ L 4R.01(PA) (owe) Paps 3 of 9 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. Qccupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Propetty 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 Borrowee'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. Lcnder may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. '.Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are 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 Instnunent, 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 governrrtental 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 to 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 Initials. IR-4R(PA) (Owei Page 4 of 9 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 Gam-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. (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 full of all sums sepured 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 iE (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure InitaIs:Z?-'L AIM- . k -,.... aowa 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 for modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or pre elude 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. 14.1 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, keroseng, 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, Initials: 1t-4R(PA) (0506) Page 6 of 9 "Environimental 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. 11pwever, 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 Fender 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. Leader 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 II expenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limi eid to, attorneys' fees and costs of title evidence. If (he Lender's interest in this Security Instrument is held by the Secretary and the Secretary require$ 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 etseq.) 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. 19.1 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 lalws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 2L 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. Initials: 7-4M tk-4RlP'A) (05w) Page 7&9 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 shallamend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a port of this Security Instrument. [Check applicable box(es)]. ? Condominium Rider ? Growing Equity Rider ? Other [specify] ? Planned Unit Development Rider ? Graduated Payment Rider BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s) a `bq?$orrower and recorded with it. Witness ^ (Seal) MAKE M LAMCHAOURI -Borrower -(Seal) -Borrower (Seal) -Borrower -(Seal) -Borrower -(Seal) (Seal) -Borrower -Borrower _ (Seal) (Seal) -Borrower -Borrower 4R.4R(PA) (ows) Page 8 of 9 ' ` , 4 . COMMONWEALTH OF PENNSYLVANIA,?`? County ss: On this, 26TH day of OCTOBER 2009 , before me, the undersigned officer, personally appeared ZIDANE M LAMCHAOURI known to me (or satisfactorily proves) to be the person(s) whose name is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contain IN WITNESS WHEREOF, I hereunto set m hand official 1. My Commission Expires: COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL CAROL L. TROXELL, Notary Public Title of Officer New Cumberland 9oro. Cumberland Co. My Commission Expires Dec. 27, 2009 Cer ' of Residence I, S ,, do hereby certify that the correct address of the within-named Lender is P.0. BOX 11701, NEWARK, NJ 071014701 Witness my hand this 26TH day of OCTOBER Agent of Lender Initials: ?`-' -4R?PA} (pspg) Pape 9 of 9 LEGAL DESCRIPTION ALL-THAT CERTAIN piece or parcel of land, situate in the Borough of Camp Hill, (formerly Hampden Township), County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Southern side of April Drive, which point is at the division line of Lots Nos. 113 and 114 on the hereinafter mentioned plan of lots; thence South 84 degrees 42 minutes -East along the aforementioned' April Drive a distance of 65 feet to a point at the division line of Lot Nos. 112 and 113; thence South 5 degrees 18 minutes West along the said division line a distance of 100.09 feet to a point on the northerly right of way line of Route 767; thence North 84 degrees 42 minutes West along the aforementioned right of way, Route 767 a diance of 65 feet to a point at the division line of Lots Nos. 113 and 114; thence North 5 degrees 18 minutes East along said division line a distance of 100.09 feet to a point, the PLACE OF BEGINNING. IT BEING Lot No. 113, Block "E" on plan of Lots of Trindle Village, Section 3, which plan is recorded in and for the County of Cumberland in Plan Book 10, Pages 54, 55 and 56. HAVING THEREON ERECTED a dwelling house known and numbered as 302 April Drive. UNDER AND SUBJECT NEVERTHELESS to easements, restrictions, reservation, conditions and rights of way of record. BEING THE SAME PREMISES which Luther James Miller and Edna Ruth Miller, his wife by their Deed dated May 1, 1987 and recorded May 1. 1987 in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, in Deed Book 032, Page 196, granted and conveyed unto Elton E. Manske and Aibina E. Manske, his wife, Grantors herein. ALSO BEINGjthe same premises which Wanda G. Phillips, Attorney-in-Fact for Albina E. Manske, Grantors, agreed to sell by Installment Sales Contract dated September 2, 2008 and recorded September 10, 2008 in Instrument Number 200830746, in the office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, to Zidane M. Lamchaourl and Modem M. Oumzll, husband and wife, Grantee. BEING the sa a premises which Elton E. Manske and Albina E. Manske, his wife by their Dead dated 2009 and about to be recorded In the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, granted and conveyed unto Zidane M. Lanchaourl ,Mortgagor herein. ALTA Commitment Schedule A (continued) ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200937697 Recorded on 11/6/2009 At 2:13:03 PM * Instrument Type - MORTGAGE Invoice Number - 55654 User ID - AF * Mortgagor - LAMCHAOURI, ZIDANE M * Mortgagee - WELLS FARGO BK N A * Customer - CEDAR CLIFF * FEES STATE WRIT TAX $0.50 STATE JCSjACCESS TO $10.00 JUSTICE RECORDING FEES - $23.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDA$LZ HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $60.50 * Total Pages -11 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA f ev e ,o o RECORDERIO /1)7E S t?eo • - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. uimauaiiiVuiu , . , VTR IFI(':1"I O Ismael Iicrnandez, hereh? States thao lie is Vice Presidenl Luau L)tlcunlentatic)n ufWFUS TAR(;O BANK. N.A.. plaintiff ur murt,,,i .e srrv iciml ?l;rent 161- iIlaintitf in this mv.ltter, that lJhe is autWzed tt? make this \-'eriticatit>n_ Lind ?erif? that the -tateme?lls made ill the it,rc,-roil ( i1 ll \c'tikm Cl MOrtL'a?-.k: It)Icclt»urc '!I."' trUC anti C(wrect to the hest cat pis ier inftirnlitioll and helicf'. H IL., unilcrsi?,.?neci ulldcr,tunds that this statement is made subject to the henaltics r,f 18 Pa. ('.S. Scc. 4904 rcLltinr' to) ll:i5?1'(?rll talslficatiml to "luthurili,_'s. On, Nanic?: isnlac-l I lc:rnarulc/ L)_VL.l l itir: Vice President I t),m I )()c Lill lentatit,n How 1618 Nanle: i.A'\U'NAO URI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, NO.. vs. o? Ott 1 ?} Zidane M. Laimchaouri; " 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 0 conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for'Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOtICE. TIDS PROGRAM IS FREE. Zucker, Goldberg & Ackerman, LLC XFP-163895 ZUCKER, GOLDBERG & AC MAN, LLC Dated: May ?Y , 2012 BY: Scott A. 15 ri k, Esquire; PA .D. #55650 Kimber 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-163895/jab 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com Zucker, Goldberg & Ackerman, LLC XFP-163895 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date: Cumberland' County Court of Common Pleas Docket # BORROWEk 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: Yes ? No ? Listing date State: Zip: Price: $ Realtor Phone: Yes ? No ? Home: Cell: State Office: _ Other: How long? State: Zip: Home: Office: Cell: Other: How long? First Mortgajgje Lender: Type of Loam: Loan Number: Second Mortgage Lender: Type of Loam: Loan Number: Total Mortgage Payments Amount Date of Last Payment: Primary Regspn for Default: Is the loan in Bankruptcy? Yes ? No ? If yes, provide names, location of court, case number & attorney: Included Taxes & Insurance: Zip: Zucker, Goldberg & Ackerman, LLC XFP-163895 uate you ciosea your loan: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Amount owed: Automobile #2: Amount owed: Model: Model: Value: Year: Year: Monthly Incprne Name of Employers: 1. 2. - 3. Additional Income Description (not wages): 1. Monthly amount: 2. Monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2nd Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/rejpairs Other prop. payment Install. LoanjPayment Cable TV Child Support/Alim. Spending Money Day/Child Care/Tuft. 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: Value: Zucker, Goldberg & Ackerman, LLC XFP-163895 r . 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): Servicing Company (Name): Contact: Phone: Phone: [/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 I/we am/are under no obligation to use the services provided by the above named Borrower Signature Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: Proof of Income Past 2 bank statements Proof of any expected income for the last 45 days Copy of current utility bill Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement (if property is currently on the market) Date Zucker, Goldberg & Ackerman, LLC XFP-163895 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, NO.. VS. Zidane M. Lamchaouri; 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; 1. Defendant lives in the subject real property, which is defendant's primary residence; 2. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion program" and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Signature o Defendant's Counsel/Appointed Date Legal Representative Signature of!Defendant Signature oflDefendant Date Date Zucker, Goldberg & Ackerman, LLC XFP-163895 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, NO.. VS. Zidane M. Lamchaouri; AND NOW, this day of ,20 ,the defendant/borrower in the above- captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised conciliation Conference on at M. in Cumberland County Courthouse, Carlisle, Pennsylvania. at the 1. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in Writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 2. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable Defendant(s). CASE MANAGEMENT ORDER Zucker, Goldberg & Ackerman, LLC XFP-163895 resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 3. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 4. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, J. Zucker, Goldberg & Ackerman, LLC XFP-163895 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart e h--1s' BEiiL + `f L.iJt Solicitor QFrICE OF T- F VIERIFF P E N'' N S Y 1.-VA 111 A Wells Fargo Bank, N.A. Case Number vs. 2012-3423 Zidane M. Lamchaouri SHERIFF'S RETURN OF SERVICE 05/30/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Zidane M. Lamchaouri, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 05/31/2012 05:10 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on May 31, 2012 at 1710 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Merieum Oumzil, adult in charge at 302 April Drive, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. 41Z- STEFSHEWBENbER, DEPUTY 06/04/2012 11:03 AM - Dauphin County Return: And now June 4, 2012 at 1103 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Zidane M. Lamchaouri by making known unto Abdelouahab Latafa, adult in charge at 322 N. Second Street, Steelton, Pennsylvania 17113 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $68.00 June 06, 2012 SO ANSWERS, ." 4ate- ? RON R ANDERSON, SHERIFF Lc? GounfySuite Sheriff, Telecsoft_ Inc. ? tfice of tEte 1`?exif? William T. Tully Solicitor Commonwealth of Pennsylvania County of Dauphin Jack Lotwick Sheriff Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy WELLS FARGO BANK, N.A. VS ZIDANE M. LAMCHAOURI Sheriff s Return No. 2012-T-1601 OTHER COUNTY NO. 2012-3423 And now: JUNE 4, 2012 at 11:03:00 AM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon ZIDANE M. LAMCHAOURI by personally handing to ABDELOUAHAB LATAFA 1 true attested copy of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 322 N. SECOND STREET STEELTON PA 17113 ROOMMATE OF DEFENDANT AND PERSON IN CHARGE AT TIME OF SERVICE Sworn and subscribed to So Answers, before me this 5TH day of June, 2012 p 1, -)P*2 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County M Commission Expires August 17, 2014 Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Sheri f Dauphin Co , Pa. By tq^- Dep Sheriff VF' 1VV De : J MILLER Sh ffs Costs: $43.25 6/1/2012 Wells Fargo Bank, N.A. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANI) V. : Docket No. 2012-3423 Zidane M. Lamchaouri, Defendant : CIVIL ACTION- MORTGAGE FORECLOSUI - , -x PRAECIPE FOR ENTRY OF APPEARANCE ) TO THE PROTHONOTARY:, - E c, e CO Please enter the appearance of MidPenn Legal Services on behalf of the Defendant, Zidane M. Lamchaouri, in the above matter, representing the Defendant in the Cumberland County Residential Mortgage Foreclosure Diversion Program. Respectfully Submitted, MIDPENN LEGAL SERVICES DATE: August 7, 2012 Atto a for Defendant Supr e Ct. ID # 310094 401 E. Louther Street, Ste 103 Carlisle, PA 17013 (717)243-9400 service of the completed Form 2 is to be made and maybe extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 with the time frame set forth herein or such other date as agreed upon by the parties in writin~ or ordered by the Court, the case shall be removed from the Conciliation 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 must discuss resolution proposals with the authorized representati in advance of the Conciliation Conference. If the duly authorized representative of plaintiff/lender is not available by telephone during the Conciliation Conference, court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the Conciliation Conference. 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discus and explore all available resolution options which shall include: bringing 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 for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or 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. DISTRIBUTION: l ~/ Amy Hirakis, Esquire ~~?(} MidPenn Legal Services 401 E. Louther Street, Ste 103 C D~ 1P.5 ~ I ~ ' Carlisle, PA 17013 8 ~ tw D For the Defendant ~ Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Ste 101 Mountainside, NJ 07092 For the Plaintiff WELLS FARGO BANK, N.A., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVIA~ = , -p 3 w `-•4 vs. CIVIL ACTION -LAW ~~ ~ ~-- NO. 12-3423 CIVIL v,~ ~, ~,_ ZIDANE M. LAMCHAOURI, ,~`~- ° °~; Defendant "c ~ Z- C'7 ~ ~' `~' t~ -t' i -a. .,.. ' ~.. T ~.~} L..:%; .,. IN RE: om CONCILIATION CONFERENCE ~- _ - -- _ c~ - MEMORANDUM AND ORDER Present at a conciliation conference held November 30, 2012, were Ralph M. Salvia, Esquire, attorney for the plaintiff; Jaime M. Haley, Esquire, attorney for the defendant; and Zidane M. Lamchaouri. This matter continues to be under review. Any outstanding documents will be submitted within a week from today. It is hoped that the review process will be completed shortly thereafter. A further conciliation conference will be set by order of even date herewith. ORDER AND NOW, this 30 ` day of November, 2012, continued conciliation conference in this matter is set for Wednesday January 16, 2013, at 9:30 a.m. in Chambers of the undersigned. / Ralph M. Salvia, Esquire For the Plaintiff ~ime M. Haley, Esquire For the Defendant :rim BY THE COURT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. Plaintiff, vs. Zidane M. Lamchaouri; Defendant. CIVIL DIVISION NO.: 12 -3423 CIVIL PRAECIPE TO SUBSTITUTE SUCCESSOR PARTY PURSUANT TO PA.R.C.P. 2352 TO THE PROTHONOTARY: r CD —o p,) C A c? • t,.) Please substitute the Plaintiff /Party Wells Fargo Bank, N.A. with "CP -SRMOF II 2012 -A Trust, by U.S. Bank Trust National Association, not in it's individual capacity but solely as Trustee ", pursuant to an assignment of mortgage dated October 3rd, 2013 and recorded October 21, 2013, in the office of the Recorder of Deed of Cumberland County as instrument number 201334376, which Assignment was executed by The Secretary of Housing and Urban Development, and assigned the Mortgage which of the subject of the above - captioned matter to CP -SRMOF II 2012 -A Trust, by U.S. Bank Trust National Association, not in it's individual capacity but solely as Trustee. Pursuant to an assignment of mortgage dated on July 31st, 2013 and recorded on October 2nd 2013 as instrument number 201332584, which Assignment was executed by Wells Fargo Bank, N.A. and assigned to The Secretary of Housing and Urban Development. Bv. Dated: 3/10/14 ZUCK R, GOLDBERG : MAN LLC 4141% S A. Dietterick, squire; °A I.D. #55650 Ki •erly A. Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 Jana Fridfinnsdottir, Esquire; PA I.D. #315944 Brian Nicholas, Esquire; PA I.D. #317240 Denise Carlon, Esquire; PA I.D. #317226 Attorneys for Plaintiff XFP- 163895/jf 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233 -8500; (908) 233 -1390 FAX Email: Office @zuckergoldberg.com $q.5o PQ 11 a ft/ar39 3o3JlaI EXHIBIT A Inst. # 201334376 - Page 4 of 4 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717 -240 -6370 Instrument Number - 201334376 Recorded On 10/21/2013 At 12:49:00 PM * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 149729 User ID - SW * Mortgagor - LAMCHAOURI, ZIDANE M. * Mortgagee - CP -SRMOF II 2012 -A TRUST * Customer - SIMPLIFILE LC E- RECORDING *FEES STATE WRIT TAX $0.50 STATE JCS /ACCESS TO $23.50 JUSTICE RECORDING FEES — $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $15.00 FEES COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $55.50 * Total Pages - 4 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDER OF DEEDS * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. Inst. # 201334376 - Page 3 of 4 Exhibit NA" Alt. THAT CERTAIN piece or parcel of land, situate in the Borough of Camp Hill, (formerly Hampden Township), County CE y of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit•. BEGINNING at a point on the Southern side of April Drive, which point Is at the division line of lots Nos, 113 and 114 on the hereinafter mentioned plan of lots; thence South 84 degrees 42 minutes East along the aforementioned April Drive a distance of 65 feet to a point at the division fine of Lot Nos. 112 and 113; thence South 5 degrees 18 minutes West along the said division line a distance of 100.09 feet to a point on the northerly right of way line of Route 767; thence North 84 degrees 42 minutes West along the aforementioned right of way, Route 767 a diatance of 85 feet to a point at the division line of Lots Nos. 113 and 114; thence North 6 degrees 18 minutes East along said division line a distance of 100.09 feet to a point, the PLACE OF BEGINNING. IT BEING Lot No. 113, Block "E" on plan of Lots of Trindle Wage, Section 3, which plan is recorded in and for the County of Cumberland In Plan Book 10, Pages 54, 55 and 56. HAVING THEREON ERECTED a dwelling house known and numbered as 302 April Drive. Dated: -OCT 0 1 7113 State of TaXIIN County of Herds Before me, )vm. t,' • 1/4°,, , duly commissioned Notary Public, on this day personally Dan Shimmi appeared Senior ViCe Preelftlthown to me (or proved to me on the oath of or through N., ) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, Inst. # 201334376 - Page 2 of 4 ASSIGNOR: The Secretary of Housing and Urban Development by Selene Finance LP, its attorney-in-fact* By: Name: Title: Dan shimmin Senior Vice President - • •• - ;...1 4 •••• fewer ail A-14.071 (exorded 44- y-mononeni- 4 ori334;7a ;r1 Cumberkrid e)Pcieti rezeryls. Given under my hand and seal of office this day of Odeber , 20 j3_. Notary Public's Signature Printed Name: ikplki ()■.c c‘r112)4 My Commission Expires: ,• Inst. # 201334376 - Page 1 of 4 CERTIFIED PROPERTY IDENTIFICATION NUMBERS 01 -22- 0531 -109 - CAMP HILL BORO CCGIS REGISTRY 10/21/2013 BY DC PREPARED BY: CP -SRMOF II 2012 -A Trust, U.S. Bank Trust National Association, not in its individual capacity but solely as Trustee c/o 9990 Richmond AVE, Suite 400 South Houston, TX 77042 WHEN RECORDED RETURN TO: Avenue 365 Lender Services 401 Plymouth RD, Ste. 550 Plymouth Meeting, PA 19462 Parcel ID: 01 -22 -0531 -109 ASSIGNMENT OF MORTGAGE FOR VALUE RECEIVED, the undersigned, The Secretary of Housing and Urban Development, located at 451 7th Street S.W., Washington, DC 20410 ("ASSIGNOR/GRANTOR"), hereby grants, conveys, assigns to: CP- SRMOF II 2012 -A Trust, U.S. Bank Trust National Assodation, not in Its individual capacity but solely as Trustee, located at c/o 9990 Richmond AVE, Suite 400 South, Houston, TX 77042 ( "ASSIGNEE/GRANTEE ") all beneficial interest under that certain MORTGAGE dated 10/26/2009, and executed by ZIDANE M. LAMCHAOURI, A MARRIED PERSON, borrower(s) to WELLS FARGO BANK, N.A., as original lender, and certain instrument recorded 11/62009, in INSTRUMENT NUMBER 200937697, in the Official Records of Cumberland County, the State of Pennsylvania, given to secure a certain Promissory Note in the amount of $137,464.00 covering property located at: 302 APRIL DR, Camp Hill, Pennsylvania, 17011. LEGAL DESCRIPTION ATTACHED AS EXHIBIT A. TOGETHER with the note or notes therein described and secured thereby, the money due and to become due thereon, with interest, and all rights accrued or to accrue under said Mortgage including the right to have reconveyed, in whole or in part, the real property described therein. CERTIFICATE OF BUSINESS RESIDENCE: 1, j?.(i /tii Jf/ , do certify that the Assignee's precise residence iscfo 9990 Richmond AVE, Suite 400 South, Houston, TX 77042. Witness my hand this ;'.3w day of (`i)bbe , 20 F• • Exhibit g Inst. # 201332584 - Page 4 of 4 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201332584 Recorded On 10/2/2013 At 3:16:59 PM * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 148486 User II) - BMM * Mortgagor - LAMCHAOURI, ZIDANE M * Mortgagee - HOUSING & URBAN DEV SEC *Customer - SIMPLIFILE LC E-RECORDING *FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING. FEES — $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $15.00 FEES COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $55.50 * Total Pages - 4 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA e....0eA'4-vr7° RECORDER OF DEEDS * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. Inst. #,201332584 - Page 3 of 4 EXHIBIT A — LEGAL DESCRIPTION Ald..,THAT dERTAIK pfPCua< or parcel of land, situate in the Borough of Champ HE, (formerly Hampden Township). County of Cumberland and State of Pennsylvania, more particularly bounded and descn`bed as follows, to wit: BEGINNING at a point on the Southern side of April Drive, which point is it the division lira of Lals Nos, 1.13 and 114 on the hereinafter mentioned plan of tots: thence South 84 degrees 42 minutes. East along the atorennentinned April Drive a distance of 65 feet to a point el the division lino of Lot Nos. 112 and 113; thence South 5 degrees 18 minutes West along the said division line a distance of 100,09 feet to a paint On the northerly right pf way line of Route 767; thence I Eh 84 degrees 42 minutes West among the aforementioned right of way, Route 767 a dIstence of 66 feet to a point at the division lira of Lots Nos. 113 and 114; thence North 6 degrees 18 minutes East along said dh riskm lima distance 01100.09 feet to a print, the PLACE OF BEGINNING. IT BEING Lot No. 113, Block °i_" on plan of Lots, of Trindle Voltage, Section 3, vtch plan la recorded In end for the County of Cumberland in Plan Book 10, Pages 54, 55 and 5$. HAVING THEREON ERECTED a dwelling house known and numbered es 302 Aprl Drive, UNDER AND SUBJECT NEVERTHELESS to easements, restrictions. reservation. conditions end rights of env of mold. BEING THE SAME PREMISES which Luther dames Miller and Edna Reath Miller, his wife, by their Deed dated May 1, 1987 end recorded May 1. 1987 In the Moe of the Recorder of need's in and for the County 0f Curnberlend, Perm5ylvanta, In Deed Beet( 032, Page 1913, granted end conveyed unto Elton E. Manske and Aibina E Manske. his wife, Grantors herein. ALSO BEING the same premises which Wanda G. Phillips, Attome r- tn..pactforAlbina E. Mango. Grantors, agreed to self by Meta Urn AntSatosContract dated September 2, 200g and recorded September 10, 2006 ln Instrument Number 200830746, In the office of the Recorder Ottawa in and tor the County of Cumberland, Pennsylvania, to Zldeno M. Lamchaouri and Morten% a Qgcarnzil, husband midwife, Grantee.. BEI the e premises which Elton E. Manske and Patna E. Mend ,, his wife by their Deed dated , m .2009 and about t o b e r e c o r d e d I n the O f f i c e of the F t e c m d e r of Deeds in end fort the County of Cumberland, Pennsylvania, granted and conveyed unto2Idene M. Lanchaou rl ,tiottgegor herein. Inst. # 201332584 - Page 2 of 4 IN WITNESS WHEREOF, Assignor has caused this Assignment to be executed and delivered by its duty authorized officer as of the day of -34,1t , 20 . Wells Fargo Bank, N.A. By: ��j'��0►w. Gy.S Name: Siham Canami Title: Vice President Loan Documentation State of Minnesota ), ss: County of Hennepin NOTARY ACKNOWLEDGMENT The foregoing instrument was acknowledged before me on by Siham Danami 31, L1/41 ,2013 , as Vice President Loan Documentation for Wells Fargo Bank, N.A., in the capacity noted in the foregoing instrument. �, l CHRISTINE DAVIS ---- Notary Public: Chrisfine D.p.yi% My Commission Expires. 13 11 [SEAL] Notary Public State of Minnesota My Commission Expires January 31, 2015 I do certify that the precise address of the Secretary of Housing and Urban Development is 451 7th Street, S.W., Washington, D.C. 20410. Attested By: Siham Danami Inst. # 201332584 - Page 1 of 4 Claim Date: 7/24/2013 After recording, please return to: Avenue 365 Lender Services, LLC 401 Plymouth Road Suite 550 Plymouth Meeting, PA 19462 g055.34. ,', CERTIFIED PROPERTY IDENTIFICATION NUMBERS 01 -22- 0531 -109 - CAMP SILL BORO CCGIS REGISTRY 10/02/2013 BY TB FHA Case No.: 441 - 9431796 703 Servicer Loan No.: 1111111111 11111111111111111111111111111M111 IIIIIIFI1M1lI This instrument prepared by: Wells Fargo Home Mortgage Trevor L Haney 2051 Killebrew Drive Bloomington, MN 55425 ASSIGNMENT OF MORTGAGE AND OTHER LOAN DOCUMENTS Wells Fargo Bank, N.A., whose address is 1 Home Campus, Des Moines, IA 50328 ( "Assignor"), in consideration of Ten Dollars ($10.00) and other good and valuable consideration received by Assignor, hereby assigns, transfers, sets over and conveys to the Secretary of Housing and Urban Development, whose address is 451 7th Street, S.W., Washington, D.C. 20410 ( "Assignee "), and its successors and assigns, without recourse, the following: 1. that certain Mortgage dated October 26, 2009, executed by Zidane M Lamchaouri, a married person, having an original principal sum of $137464.00 with interest, secured thereby, and recorded as Instrument Number 200937697 and /or in Book/Volume /Liber /Reel N /A, at Page /Folio N /A, among the land records of Cumberland County, Pennsylvania, as amended or modified (the "Mortgage "), which Mortgage secures that certain promissory note dated October 26, 2009 (the "Note "); and 2. such other documents, agreements, instruments and other collateral that evidence, secure or otherwise relate to Assignor's right, title or interest in and to the Mortgage and /or the Note, including without limitation the title insurance policies and hazard insurance policies that might presently be in effect. TO HAVE AND TO HOLD unto Assignee and its successors and assigns forever. Property Address: 302 April Dr, Camp Hill, PA 17011 Assessor's /Tax ID No.: 01 -22 -0531 -109 Legal Description: See Exhibit "A" Attached Hereto And By This Reference Made A Part Hereof IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. vs. Zidane M. Lamchaouri; Plaintiff, Defendant. CIVIL DIVISION NO.: 12 -3423 CIVIL CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the Praecipe to Substitute Successor Party was served on the following this \b''day of March, 2014, via First Class U.S. Mail, Postage Pre -Paid: Zidane M. Lamchaouri 302 April Drive Camp Hill, PA 17011 -5008 322 N. SECOND STREET, STEELTON, PA 17113 Dated: 3\41 By: ZU KER, GOLDBE AN, LLC Aim i1,: t A. Dietterick, Esquire; P I.D. #55650 Ki berly A. Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 Jana Fridfinnsdottir, Esquire; PA I.D. #315944 Brian Nicholas, Esquire; PA I.D. #317240 Denise Carlon, Esquire; PA I.D. #317226 Attorneys for Plaintiff XFP- 163895/jf 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233 -8500; (908) 233 -1390 FAX Email: Office @zuckergoldberg.com