HomeMy WebLinkAbout12-4598IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK, N.A.,
Plaintiff,
vs.
Victoria M. Burns; Jeffrey A. Burns a/k/a Jeffery A.
Burns;
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CIVIL DIVISION
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CIVIL ACTION - COMPLAINT ?' = -- r" I
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N MORTGAGE FORECLOSURE
70
Defendants.
TO: DEFENDANTS
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.
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:
2 Watson Drive
Carlisle, PA 17015-7434
CERTIFICATE OF LOCATION
I HEREBY CERTIFY THAT THE LOCATION OF
THE REAL ESTATE AFFECTED BY THIS LIEN IS
2 Watson Drive, Carlisle PA 17015-7434
Municipality: West Pennsboro
JI a
ATTORNEY O PLAINTIFF
ATTY FILE NO.: XFP 168061
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(@zuckergoldbere.com
File No.: XFP- 168061/pl
C9 7
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.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Wells Fargo Bank, N.A.
VS.
Plaintiff,
Victoria M. Burns; Jeffrey A. Burns a/k/a Jeffery A.
Burns;
Defendant(s).
NOTICE TO DEFEND
CIVIL DIVISION
NO.:
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
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (800) 990-9108
(717) 249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Wells Fargo Bank, N.A.
vs.
Plaintiff,
Victoria M. Burns; Jeffrey A. Burns a/k/a Jeffery A.
Burns;
Defendant(s).
AVISO
CIVIL DIVISION
NO.:
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de la demanda establecida en las
siguientes paginas, debe tomar accion dentro de los prdximos veinte (20) dias despues de la notificacidn
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. Usted puede perder dinero o propiedades u otros derechos importantes para
usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN
ABOGADO 0 NO PUEDE PAGAR LINO, LLAME 0 VAVA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE
PUEDE ENCONTRAR ASISTENCIA LEGAL.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
NOTICE TO DEFEND LAWYER REFERRAL
Cumberland County Bar Association
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
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Wells Fargo Bank, N.A.
CIVIL DIVISION
Plaintiff,
NO.:
vs.
Victoria M. Burns; Jeffrey A. Burns a/k/a Jeffery A.
Burns;
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, Victoria M. Burns, is an individual whose last known address is 2 Watson
Drive, Carlisle, PA 17015-7434.
3. Defendant, Jeffrey A. Burns a/k/a Jeffery A. Burns, is an individual whose last known
address is 2 Watson Drive, Carlisle, PA 17015-7434.
4. On or about October 14, 2008, Victoria M. Burns and Jeffrey A. Burns executed a
Note in favor of MLD Mortgage, Inc., a New Jersey Corporation in the original principal amount of
$257,195.00.
5. On or about October 14, 2008, as security for payment of the aforesaid Note, Victoria
M. Burns and Jeffrey A. Burns made, executed and delivered to Mortgage Electronic Registration
Systems, Inc., as nominee for MLD Mortgage, Inc., a New Jersey Corporation a Mortgage in the
original principal amount of $257,195.00 on the premises hereinafter described, with said Mortgage
being recorded in the Office of the Recorder of Deeds of Cumberland County on October 28, 2008,
Instrument #200835216. 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., as
nominee for MLD Mortgage, Incorporated to Wells Fargo Bank, NA, pursuant to an assignment of
mortgage dated March 21, 2012 and recorded on March 23, 2012 in the Office of the Recorder of
Deeds for Cumberland County, Instrument #201208473.
7. Defendants are in default under the terms of the aforesaid Mortgage and Note for,
inter alia, failure to pay the monthly installments of principal and interest being contractually due for
the January 2012 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.
8. Jeffery A. Burns and Victoria M. Burns, husband and wife are record and real owners
of the aforesaid mortgaged premises.
9. On March 5, 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.
10. The amount due and owing Plaintiff by Defendant(s) is as follows:
Principal $246,817.20
Interest through 06/27/2012 $8,459.43
Escrow Balance ($8.22)
Inspection Fees $30.00
Total $255,298.41
plus interest on the principal sum ($246,817.20) at the daily per diem amount of $40.57, 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 Plaintiffs attorneys'
fees and expenses. Plaintiff reserves the right to file a motion in the above-captioned action to add
such additional sums to the above amount due and owning when incurred.
11. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is
not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in
a separate legal action if such right exists. If Defendant(s) have received a discharge of personal
liability under the aforesaid Note in a bankruptcy proceeding, this action is in no way an attempt to
re-establish such liability.
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of
$255,298.41, with interest thereon at daily per diem amount of $40.57 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
F -
Dated: BY:
Scott A. ietterick, 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-168061/pl
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.
EXHIBIT A
Instrument Number - 200835216
Recorded On 10/28/2008 At 9:10:18 AM * Total Pages - 12
* Instrument Type - MORTGAGE
Invoice Number - 31250 User ID - KW
* Mortgagor - BURNS, JEFFREY A
* Mortgagee - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC
* Customer - FIRST AMERICAN
*
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
ROD ARCHIVES FEE $3.00
TOTAL PAID $62.50
FEES
STATE WRIT TAX $0.50
STATE JCS/ACCESS TO $10.00
JUSTICE
RECORDING FEES - $25.50
RECORDER OF DEEDS
PARCEL CERTIFICATION $10.00
FEES
AFFORDABLE HOUSING $11.50
COUNTY ARCHIVES FEE $2.00
I Certify this to be recorded
in Cumberland County PA
? of o?4
RECORDER O DL'?EJDS
traa
* - Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
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This Instrument Prepared By:
AfierRe cw tsg-Rewrn-1-6 -
MLD MORTGAGE INC.
30B VREELAND ROAD
FLORHAM PARK, NEW
Loan Number
JERSEY 07932
Unifor? parcel Identifier Number:
Y(? -08 - 05,917- lac}
Property Address:
2 WATSON DR
CARLISLE, PENNSYLVANIA 17015
[Space Above This Une For Recording Data]
MORTGAGE
MIN:
1111111111
tta1A ASE NO.
0.
THIS MORTGAGE ("Security Instrument") is given on OCTOBER 14, 2008
The mortgagor is VICTORIA M. BURNS AND JEFFREY A. BURNS
("Borrower").
This Security Instrument is given to Mortgage Electronic Registration Systems, Inc. ("MFRS") (solely as nominee
for Lender, as hereinafter defined, and Lender's successors and assigns), as mortgagee. MERS is organized and
existing under the laws of Delaware, and has an address and telephone number of 3300 S. W. 34th Avenue, Suite 101,
Ocala, FL 34474, P.O. Box 2026, Flint, Michigan 48501-2026, tat. (888) 679-MERS.
MLD MORTGAGE INC., A NEW JERSEY CORPORATION ("Lender")
is organized and existing under the laws of NEW JERSEY
andhasanaddressof 30B VREELAND ROAD, FLORHAM PARK, NEW JERSEY 07932
Borrower owes Lender the principal sum of TWO HUNDRED FIFTY-SEVEN THOUSAND ONE
HUNDRED NINETY-FIVE AND 00/100 DolIars(U.S. S 257, 195.00 ).
This debt is evidenced by Borrower's We 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 NOVEMBER 1, 2 0 3 8 .
FHA PENNSYLVANIA MORTGAGE- WFiS
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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:
SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS
EXHIBIT "A".
which has the address of 2 WATSON DR
[street)
CARLISLE , Pennsylvania 17015 ("Property Address"):
[City] [Zip Codel
TOGETHER WITH all the improvements now or hereafter erected on the property, and all casements,
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 of those interests, including, but not limited to, the right to foreclose
and sell the Property; and to take any action required of Lender including, but not limited to, releasing or canceling
this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully 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:
i. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and
interest on, the debt evidenced by the Note and late charges due under the Note.
2. Monthly Payment of Taxes, Insurance, and Other Charges. Borrower shall include in each monthly
payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and
special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the
Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a
mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in
FHA PENNSYLVANIA MORTGAGE- MERS
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which such premium would have been required if Lender still held the Security lastrument, 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 bold 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 sea. and implementing regulations, 24 CPR 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 hold 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 I and 2 shall be applied by Lender as follows:
RUT , to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by
the Secretary instead of the monthly mortgage insurance premium;
SECOND, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard
insurance premiums, as required;
THIRD' to interest due under the Note;
FOURTH. to amortization of the principal of the Note; and
FIFTH, to late charges due under the Note.
4. Fire, Flood and Other Hazzard 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
FHA PENNSYLVANIA MORTGAGE-MFRS
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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 the Lender determines that requirement "I 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 nod tear excepted Lender may inspect the Property if the
Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve
such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application
process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any
material information) in connection with the loan evidenced by the Note, including, but not limited to, representations
concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a
leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the
leasehold and fee title shall not be merged unless Lender agrees to the merger in writing.
6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection
with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are
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 on 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
FHA PENNSYLVANfA MORTGAGE - MERS
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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,Seeurity 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 sutras 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 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
FHA PENNSYLVANIA MORTGAGE - MERS D00WB9iVtVW%Qs 600.619.7362
6196 Page 5 of 10
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foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii)
reinstatement will adversely affect the priority of the lien created by this Security Instrument.
11. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension of the time of payment or
modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in
interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors 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) specs that Lender and any
other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this
Security Instrument or the Note without that Borrower's consent.
13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or
by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed
to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall
be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower.
Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when
given as provided in this paragraph.
14. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of
the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument
or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument
or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security
Instrument and the Note are declared to be severable.
15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release
of any hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything
affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply
to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally
recognized to be appropriate to normal residential uses and to maintenance of the Property.
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 bas 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.
FHA PENNSYLVANIA MORTGAGE- MMS
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NON-UNIFORM COVENANTS. Borrower and Lender farther covenant and agree as follows:
17. Assignment of Rods. 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 by judicial proceedings and/or invoke any other remedies permitted by applicable law. Lender shall
be entitled to collect all expenses Incurred in pursuing the remedies provided or referred to in this paragraph
18, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by
applicable law.
If the Leader's interest in this Security Instrument is held by the Secretary, and the Secretary requires
immediate payment in full under paragraph 9, the Secretary may invoke the nonjudicial power of sale provided
in the Single Family Mortgage Foreclosure Act of 1994 ("Act'l (12 U.S.C. 3751 et §M.) 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 Leader 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. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this
Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is
permitted under applicable law.
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 conunencement 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.
FHA PENNSYLVANIA MORTGAGE- MFRS
6196 Page 7 of 10 t7ocA/ay?c w WWWW cJOm
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24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together
with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and
supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security
Instrument.
[Check applicable box(es)].
[] Condominium Rider
Planned Unit Development Rider
? Non-Owner Occupancy Rider
Graduated Payment Rider
Adjustable. Rate Rider
? Other [Specify)
? Growing Equity Rider
[J Rehabilitation Loan Rider
BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in pages I through 10 of this Security
Instrument and in any rider(s) executed by Borrower and recorded with it.
(Seal)
VICTORIA M. BURNS -Borrower
- (Seal)
-Borrower
-Borrowli
Witness:
L
?I t 1,Ltgm ?. LA?2
Witness:
(Seal)
grower
- (Seal)
-Borrower
(Seal)
-Borrower
4
VJ ILL??'s?n R . ? ??tL
FHA PENNSYLVANIA MORTGAGE- MERS
6/98 Page 8 of 10 DO~ gftn= 800-649-1302
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[Space Below This Una For Acknowledgment]
State of PENNSYLVANIA
County of CUMBERLAND
?CTDR 7?og
On this the day of before me,
the undersigned officer, personally appeared VICTORIA M. BURNS AND JEFFREY A. BURNS
known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged that he/shelthey executed the same for the purposes therein contained.
In witness whereof, I hereunto set my hand and official seals.
NOTARIAL SEAL
WILLIAM R TAYLOR
Notary Public
SPRING TWP, PERRY COUNTY
My Commission Expires Jon 27, 2010
(Seal)
c
altos
Printed Name
20-7-41& EMU C
Title of Officer -2-010
My commission expires.- LTZ 1_
FHA PENNSYLVANIA MORTGAGE- MERS
6196 DOCUagic Ef'rWMX 800418.1381
Page 9 of 10 www.dm=arpc.oom
Certificate of Residence of Morttatee
The undersigned hereby certifies that: (i) he/she is the Mortgagee or the duly authorized attorney or agent of
the Mortgagee named in the within instrument; and (ii) Mortgagee's precise residence is:
3300 S. W. 34th Avenue, Suite 101, Ocala, FL 24474, P. 0. Box
2026, Flint, Michigan 48501-2026
Witness my hand this /q day of Y 4C
'P.". 0 j I
Signature of Mortga or Mortgagee's Duly Authorized Attorney or Agent
$'??Z ,TSc}uli4
?-Clash,
Type or Print Name of or Mortgagee's Duly Authorized Attorney or Agent
FHA PETINSYLVANUI MORTGAGE- MFRS
W96
Page 10 at 10 noc~aB 600-04e4s62
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All that certain tract of land situate in the Township of West Pennsboro, County of Cumberland, and
Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit:
Beginning at a steel pin set on the southeasternmost dedicated right-of-way line of Watson Drive, at the
common point of adjoiner of Lots #17 and #18 on the hereinafter mentioned plan; thence extending along the
southeasternmost dedicated right-of-way line of Watson Drive by an arc or curve to the left having a radius of
two hundred (200) feet, a chord of one hundred forty-six and fifty-one hundredths (146.51) feet on a bearing
North twenty-five (25) degrees forty-four (44) minutes twenty (20) seconds East, for an arc distance of one
hundred fifty and no hundredths (150.00) feet to a point on said right-of-way line at Lot #19; thence departing
from Watson Drive, and extending along Lot. #19, South sixty-seven (67) degrees four (4) minutes forty-five (45)
seconds East, for a distance of one hundred twelve and three hundredths (112.03) feet to a steel pin; thence
continuing South fifty-seven (57) degrees ten (10) minutes zero (00) seconds East, for a distance of four
hundred eleven and twelve hundredths (411.12) feet to a steel pin at lands now or formerly of Failor, South
fifty-six (56) degrees zero (00) minutes fifty (50) seconds West, for a distance of two hundred eighty-eight and
no hundredths (288.00) feet to a steel pin at Lot #17; thence extending along Lot #17, North forty-two (42)
degrees forty-six (46) minutes thirty (30) seconds West, for a distance of four hundred two and sixty-five
hundredths (402.65) feet to a steel pin set on the southeasternmost dedicated right-of-way line of Watson Drive,
said pin marking the place of beginning.
Containing 2.249 acres more or less, and being designated as Lot #18 on a final plan of subdivision of Cross
Road School Estates, Phase III, prepared for Liberty Associates by Rodney Lee Decker & Assoc., dated June 3,
1997, and recorded in the Office of the Recorder of Deed in and for the Cumberland County, Pennsylvania in
Plan Book 82, at page 77.
BEING KNOWN AS PARCEL NUMBER: 46-08-0587-129
Illllll111111111111111 BURNS PA
39129101
FIRST AMERICAN ELS
MORTGAGE
lI«Il111111111111110
W ILN RECORDED, REi'L3RN "01
EQUr1YI.0ANSERV'ICFS"'V
1104 SUpWj0R AVF1VU& S(J"'E 200
CX1% I-?vOHIO 44114
NA'170NAI,,,F ,,,IING - ",AY3
c....vdadon Ilccnrriing per Qicat Rcgitest
A
(2008090142.PFD/2008090142120)
VERIFICATION
Linda Duncan, hereby states that he she 's Vice President Loan Documentation of
WELLS FARGO BANK, N.A., plaintiff or mortgage servicing agent for plaintiff in this
matter, that h she 's authorized to make this Verification, and verify that the statements
made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the
best of his®e information and belief. The undersigned understands that this statement is
made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to
authorities.
DATE: `u ,
Name: Burns
File #: 168061
L2 ??
Name: Linda Duncan
Title: Vice President Loan Documentation
032-PA-V3
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Wells Fargo Bank, N.A.
Plaintiff,
VS.
Victoria M. Burns; Jeffrey A. Burns a/k/a Jeffery A.
Burns;
Defendant(s).
CIVIL DIVISION
,t S9 I?
NO.: I a
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE
DIVERSION PROGRAM
Ft l
Cf7 ?
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Tr c_-
You have been served with a foreclosure complaint that could cause you to lose your home.
C-
?CD
CD --? C3
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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.
Zucker, Goldberg & Ackerman, LLC
XFP-168061
ZUCKER, GOLDBERRG & ACKERMAN, LLC
- ? f
By: I r?J
Dated: July , 2012 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-168061/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-168061
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:
CUSTOM ERJ PRIMARY APPLICANT
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:
Office:
Other:
CO-BORROWER
Mailing Address:
City:
Phone Numbers:
State: Zip:
Home: Office:
Cell: Other:
Email:
# of people in household:
First Mortgage Lender:
State: Zip:
Yes ? No ? Listng date: Price: $
Realtor Phone:
Yes ? No ?
State: Zip:
Home:
Cell:
Type of Loan:
Loan Number:
Second Mortgage Lender: _
Type of Loan:
Loan Number:
Total Mortgage Payments Amount:
Date of Last Payment:
Included Taxes & Insurance:
Primary Reason for Default:
Is the loan in Bankruptcy? Yes ? No ?
If yes, provide names, location of court, case number & attorney:
How long?
How long?
Date you closed your loan:
Zucker, Goldberg & Ackerman, LLC
XFP-168061
Assets
Home:
Other Real Estate:
Retirement Funds:
Investments:
Checking:
Savings:
Other:
Automobile #1:
Amount owed:
Automobile #2:
Amount owed:
Amount Owed:
Model:
Model:
Value:
Value:
Value:
Year:
Year:
Monthly Income
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/repairs Other prop. payment
Install. Loan Payment 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:
Zucker, Goldberg & Ackerman, LLC
XFP-168061
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:
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 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:
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)
Date
Zucker, Goldberg & Ackerman, LLC
XFP-168061
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Wells Fargo Bank, N.A.
CIVIL DIVISION
Plaintiff,
NO.:
vs.
Victoria M. Burns; Jeffrey A. Burns a/k/a Jeffery A.
Burns;
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 of Defendant's Counsel/Appointed Date
Legal Representative
Signature of Defendant
Signature of Defendant
Date
Date
Zucker, Goldberg & Ackerman, LLC
XFP-168061
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Wells Fargo Bank, N.A.
vs.
Plaintiff,
Victoria M. Burns; Jeffrey A. Burns a/k/a Jeffery A.
Burns;
Defendant(s).
CIVIL DIVISION
NO.:
CASE MANAGEMENT ORDER
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
Zucker, Goldberg & Ackerman, LLC
XFP-168061
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,
I
Zucker, Goldberg & Ackerman, LLC
XFP-168061
I
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff NOW of Cu11j6'.lt9#
Jody S Smith r
Chief Deputy : ..? C(
M.YN? Cut
Richard W Stewart
Solicitor €aFFiCE ? T-- Erlrr
Wells Fargo Bank, N.A. Case Number
vs. 2012-4598
Victoria M. Burns (et al.)
SHERIFF'S RETURN OF SERVICE
07/27/2012 08:20 PM - William Cline, Corporal, who being duly sworn according to law, states that on July 27, 201
at 2020 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within
named defendant, to wit: Victoria M. Burns, by making known unto Jeffrey Burns, Husband of Defenda it
at 2 Watson Drive, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same tim
handing to him personally the said true and correct copy of the same. / n
CLINE,
07/27/2012 08:20 PM - William Cline, Corporal, who being duly sworn according to law, states that on July 27, 20
at 2020 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the withii
named defendant, to wit: Jeffrey A. Burns, by making known unto himself personally, at 2 Watson Dri
Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the sam7ti e h anding to him
personally the said true and correct copy of the same. ?
NE, DEPUTY
SHERIFF COST: $50.00
SO ANSWERS,
July 30, 2012
ROANDERSON, SHERIFI
icY Ceun.ySuite Shcnff (eieo .cft, Ir.
r
WELLS FARGO BANK, N.A., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
vs. .
NO. 12-4598 CIVIL
VICTORIA M. BURNS and
JEFFREY A. BURNS a/k/a
JEFFERY A. BURNS,
Defendants :
CASE MANAGEMENT ORDER
AND NOW, this ~~~ day of August, 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:
1. The parties and their counsel aze directed to participate in acourt-supervised
conciliation Conference on ®.t~-~2 ~ `~ do/a , at 11'';34 a m. in Chambers
No. 4 at the Cumberland County Courthouse, Cazlisle, 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
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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 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
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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,
i/' Ashleigh L. Marin, Esquire
200 Sheffield Street, Suite 1010
Mountainside, NJ 07092
For the Plaintiff
/ Thomas D. Gould, Esquire
2 East Main Street
Shiremanstown, PA 17011-6388
For the Defendants
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