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HomeMy WebLinkAbout12-6177IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVA~A ~ ...~ o WELLS FARGO BANK, N.A., CIVIL DIVISION ZT~-- ~ .~, c ~ C~~~ ~.~. N ~~ Plaintiff, NO.: ~~' ~ ~ <d' "'o c~"~ Vs. 2d N TYPE OF PLEADING 7~' Z ~.. ~'' Donald L. Gregg, Jr.; Kelli M. Gregg; ,,""},~ ~ .~~ Defendants. CIVIL ACTION -COMPLAINT IN MORTGAGE FORECLOSURE TO: DEFENDANTS YOU ARE HERESY 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 I5. 34ifi Sivd.. MAC #X7801-013. Ft. Mili. SC 29715 AND THE DEFENDANT: 224 Faith ~'ir~ic g Carlisle. PA 17013-8822 CERTIFICATE OF LOCATION i HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS ,~7,4 Faith Cirde. Carlisle PA 17013-8822 MunidoaNty: North Min r~- o ~ _~.~_ ~. ATTORNEY FOR PUIINTIFF ATTY FILE NO.: XFP 169028 FILED ON BEHALF OF: Wells Far>z0 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 Morin, 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@zuckeraoldbera.com File No.: XFP-169028/mme ~~G3.7S~~~ ~,~a yloyy ~,}~a8rSa3 Zucker, Goldberg & Ackerman, LLC XFP-169028 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, NO.. vs. Donald L. Gregg, Jr.; Keili M. Gregg; Defendant(s). NOTICE TO DEFEND You have been sued in court. if you wish to defend against the claim set forth in the fonuing 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 OFFICf 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 Zucker, Goldberg & Ackerman, LLC XFP-169028 IN THE COURT OF COMMON PLEAS OF CUMIt€RIAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. Plaintiff, CIVIL DIVISION vs. Donald L. Gregg, Jr.; Kelii M. Gregg; Defendant(s). AVISO NO.. USTED HA SIDO DEMANDA00/A EN CORTE. Si usted desea defenderse de la demanda establecida en las siguientes paginas, dabs tomar accibn dentro de los prbximos veinte (20) dies despubs de la notificacibn de esta Demanda y Aviso respondiendo personalmente o por medio de un abogado una comparecencia esc rite y radicando en la Corte por escrito sus defenses y objeciones a las demandas establecidas en su contra. Se le advierte de qua si usted fella en tomar accion como se describe anterion~neMe, 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 reclamacibn o remedio solicitado por ei demandante, puede ser dictado en contra Suva por la Corte. Usted puede perder dinero o propiedades u otros derechos importantes pars usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGAR UNO, LLAME O VAVA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND LAWYER REFERRAL Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717)249-3166 Zucker, Goldberg & Ackerman, LLC XFP-169028 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, NO.. vs. Donald L. Gregg, Jr.; Kelli M. Gregg; 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, Donald L. Gregg, Jr., is an individual whose last known address is 224 Faith Circle, Carlisle, PA 17013-8822. 3. Defendant, Kelli M. Gregg, is an individual whose last known address is 224 Faith Circle, Carlisle, PA 17013-8822. 4. On or about June 8, 2006, Donald L. Gregg, Jr and Kelli M. Gregg, husband and wife made, executed and delivered to Wells Fargo Bank, N.A. a Mortgage in the original principal amount of $118,960.00 on the premises hereinafter described in Exhibit "A", with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on June 15, 2006, in Mortgage Bvok Volume 1954, Page 4623. The mortgage is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(8), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 5. Plaintiff is the current holder of the Mortgage. 6. The aforesaid Mortgage was amended and increased in principal amount of $125,598.11 pursuant to a certain Modification Agreement by and between Wells Fargo Bank, NA and Defendants, Donald L. Gregg, Jr. and Kelli M. Gregg, which is unrecorded at this time. The terms of said modification set forth the interest rate at 4.625% with a new monthly payment and interest amount of $645.75 commencing January 1, 2011 and continuing thereon with the due date of obligation December 1, 2040. A true and correct copy of said Modification Agreement is marked Exhibit "B", attached hereto and made a part hereof. Zucker, Goldberg & Ackerman, LLC XFP-169028 062-PA-V2 7. Kelli M. Gregg, wife is record and real owner of the aforesaid mortgaged premises. 8. 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 March 2012 payment. 9. On April 16, 2012, Defendant(s) were mai{ed a Notice of Intention to Foreclose Mortgage, in compliance with Act 6 of 1974, 41 P.S. §101, et seq. 10. As of September 21, 2012, the amount due and owing Plaintiff by Defendant(s) is as follows: Principal $123,177.95 Interest through 09/21J2012 $3,635.41 Escrow Advance $1,359.91 Late Charges $145.56 Inspection Fees $60.00 Total $128,378.83 plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania law, actually and reasonably incurred by Plaintiff, including but not limited to, costs (including escrow advances) and PlaintifYs attorneys' fees and expenses. Plaintiff reserves the right to file a motion in the above-captioned action to add such additional sums authorized under the Mortgage and Pennsylvania Law to the above amount due and owing 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 a bankruptcy proceeding, this action is in no way an attempt to re-establish such liability. Zucker, Goldberg & Ackerman, LLC XFP-169028 062-PA-V2 WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $128,378.83, with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. ZUCKER, GOLDBERG & ACKERMAN, LLC (~ (~ ,- ~J li~ . ~ , ~ O ~ ~ BY: Dated: Scott . Dietterick, Esquire; PA LD. #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-169028/mme 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com A' Zucker, Goldberg & Ackerman, LLC XFP-169028 062-PA-V2 EXHIBIT A Zucker, Goldberg & Ackerman, LLC XFP-169028 .. ~ ALL THAT CERTAIN lot of land with the improvements thereon erected situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin at corner of Lot No. 23, Section 5 Kingsbrook, on northern side of Faith Circle; thence along Lot No. 23 Section 5 Kingsbrook, North 49 degrees 00 minutes 20 seconds West, 159.54 feet to an iron pin; thence along Lot No. 17 Section T Kingsbrook, North 44 degrees 23 minutes 18 seconds East, 81.17 feet to an iron pin; thence along lands of William Yocum, North 57 degrees 48 minutes 27 seconds East, 8.13 feet to an iron pin; thence along lot No. 22 Section 5 Kingsbnwk, South 38 degrees 34 minutes 25 seconds East, 180.49 feet to an iron pin on northern side of Faith Circle; thence abng norihem side of Faith Circle by a curve to the left having a radius of 330.00 feet and an arc distance of 60.08 feet to an iron pin, the place of BEGINNING. CONTAINING 11,901 square feet. BEING Lot No. 22 Section 5 K~gsbrook Pian being recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 37, Page 130. BEING SUBJECT to the building and use restrictions as recorded in the Office aforesaid in Miscellaneous Book 184, Page 7fi3. UNDER AND SUBJECT to covenants, conditions, reservations, restrictions, easements and right of ways of record. BEING THE SAME PREMISES which Robert B. Cianfichi and Deborah A. Cianfichi, by their deed to be recorded simultaneously herewith in the OfBoa of the Recorder of Deeds of Cumberl~d County, Pennsylvania, granted and conveyed unto Donald L. Gregg Jr. and Kelli M. Gregg. ~ ~%~~ X115 fO ~+ rid ~II a ~- rA .; V Recorder of Dce+ds 81~I954P64632 EXHfBIT B Zucker, Goldberg & Ackerman, LLC XFP-169028 '~ Wells Fargo Home Mortgage MAC W0152-010 220 Wildwaod Parkway Birmirkgham, AL 35209 Tel: 877 325 4114 ToU Free LOAN MODIFICATION AGREEMENT LOAN NUMBER: PROPERTY ADDRE~S~~ a~~Circle Carlisle PA 17013 THIS LOAN MODIFICATION AGREEMENT ("Agreement"), made on November 15, 2010, by and between Donald L Gregg Jr and Kelli M Gregg and {the "Borrower(s)") and Wells Fargo Bank, N A (the "Lender", together with the Borrower{s), the "Parties"). WITNESSETH WHEREAS, Borrower has requested and Lender has agreed, subject to the fallowing terms and conditions, to a loan modification as follows: NOW THEREFORE, in consideration of the covenants hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Parties, it is agreed as follows (notwithstanding anything to the contrary in the Note and Security Instrument dated 06/08/2006.) 1. BALANCE. As of November 15, 2010, the amount payable under the Note and Security Instrument (the "Unpaid Principal Balance") is U.S. $ 114,276.68. 2. EXTENSION. This Agreement hereby modifies the following terms of the Note and Security Instrument described herein above as follows: A. The current contractual due date has been extended from 12-01-09 to 01/01/201.1. The first modified contractual due date is on 01/01/2011. B. The maturity date has been extended from 07-36 (month/year) to 12/01/2040. C. The amount of interest to be included (capitalized) will be U.S. $ 8,201.70. The amount of the Escrow Advance to be capitalized will be U.S. $3,119.73. The amount of Recoverable Expenses* to be capitalized will be U.S. $0.00. The modified Unpaid Principal Balance is U.S. $ 125,598.11. * Recoverable Expenses may include, but are not limited to: Title, Attorney fees/costs, BPO/Appraisal, and/or Property Preservation/ Property Inspections D. The Borrowers} promises to pay the Unpaid Principal Balance plus interest, to the order of the Lender. Interest will be charged on the Unpaid Principal Balance of U.S. $ 125,598.11. The Borrower{s) promises to make mcnthly payments of principal and interest of U.S. $ 645.75, at a yearly rate of 4.625, not including any escrow deposit, if applicable. If on the maturity date the Borrower(s) still owes an amount under the Note and Security Instrument, as amended by this Agreement, Borrower(s) will pay this amount in full on the maturity date. LM521/IC3/1 YVeMs FsepolionK Martpspe is s ~MviAan of YYaas Fapo Bank. NJl 'Ibgetlu!•r we'll go far - ,~ .-1 .. .- ...~ .. .... Wells Fargo Hart Mortgage MAC W0152~010 220 Wiklwood Parkway Birmingham, AL 35209 Tel: 877325 4114 Toll Free 3. NOTE AND SECURITY INSTRUMENT. Nothing in this Agreement shall be understood or construed to be a satisfaction or release, in whole or in part of the Borrower's obligations under the Note or Security Instrument. Further, except as otherwise specifically provided in this Agreement, the Note and Security Instrument will remain unchanged, and Borrower and Lender will be bound by, and shall comply with, all of the terms an3 provisions thereof, as amended by this Agreement. 4. The undersigned Borrower(s) acknowledge receipt and acceptance of the Loan Math#ication 3ett~,~Msttt Statement. Borrower(s) agree with the information dise3.~D i,3at and understand that I/we am/are responsible for payment of any outstanding balances outlined in the Loan Modification Settlement. 5. The undersigned Borrowers} acknowledge receipt and acceptance of the Borrower Acknowledgements, Agreements, and Disclosures Document (BRAD). 6. If included, the undersigned Borrower(s) acknowledge receipt and acceptance of the Truth in Lending statement. 7. If included, the undersigned Borrower(s) acknowledge receipt and acceptance of the Special Flood Hazard Area (SERA). 8. That (he/she/they) (is/are) the Borrower(s) on the above-referenced Mortgage Loan serviced by Wells Fargo Bank, N A. That (he/she/they} have financial circumstances Mortgage Loan. experienced a financial hardship or change in since the origination of {his/her/their) That (he/she/they} did not intentionally or purposefully default on the Mortgage Loan in order to obtain a loan modification. LM521/IC3/2 MMb Faryo Hoiae MOrty~ye K ~ divifion of Argo lank. NA Togrtber we'A go far ~~ Weds Fsrgo Hams Moatgage MAC W0152-010 Z20 Wiklwood Parkway Birmingham, AL 35209 Tel: 8773254114 Toll Free CORRECTION AGREEMENT. The undersigned borrower(s), for and in consideration of the approval, closing and funding of thin Modification, hereby grants Wells Fargo Hank, N A, as lender, limited power of attorney to correct and/or initial all typographical or clerical errors discovered in the Modification Agreement required to be signed. In the event this limited power of attorney is exercised, the undersigned will be notified and receive a copy of the document executed or initialed on their behalf. This provision may not be used to modify the interest rate, modify the term, modify the outstanding principal balance or modify the undersigned's month'!y principal and interest payments as modified by this agreement. Any of these specified changes must be executed directly by the undersigned. This limited power. of attorney shall automatically terminate in 120 day rom the closing date of the undersigned's Modification. _~ (Borrower(s) initial) IN WITNESS_WHEREOF, the Parties hereto have executed this Agreement as the date first above written. By signing this Agreement T hereby consent to being contACted concerning this loan at any cellular or mobile telephone number I may have. 'This include3 text messages and telephone calls including the use of automated dialing systems to contact my cellular or mobile telephone. You wil]. clot be billed by your cellular or mobile carrier for any text message4 you may receive from Wells Fargo, however, any calls we place to your cellular or mobile phone wil] incur normal airti:~le charges assessed by your mobile carrier. bat d as of this ~ day of ~ Nt~IC1~n~,,r, 201. nald L regg Ke is M Gregg. Signature Signature we~r ank, N A n ~n~ T'a.Ef~e~ Name : ~~ CP G Zr S ~ ~ ,n ~ Itu : \ ~~Q i:Id52771C3/3 Wells Fargo lbma Motegege K ~ divlelon dW Ws hqo B~nlt. N.A. ~tpv~ ~ ocu v-~e.~1o~'!~~ Tbgetl~r we'll go far VERIFICATION Damaris Stephanie Beltran, hereby states that h she Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff in this matter, that she ' authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of hi er 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. 'J J Name: Damaris Stephanie Beltran Title: Vice President Loan Documentation Wells Fargo Bank, N.A. 086-PA-vl File #: 169028 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. vs. Donald L. Gregg, Jr.; Kelii M. Gregg; CIVIL DIVISION Plaintiff, /~ . ~ ~ ~ 7 NO.. Defendant(s). ~~i~ ~ ~ ~~ ~ w ~~ ~ ~y N --+ cfl -o ~v-~ Z p ~~ r N z'' ~ ,~- ~ rn ..,:. NOTICE OF RESIDENTIAL 11i~I~Tt~rJAGE FORECLOSURE DIVERSION ~R4~RAM 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 acourt-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 ail 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 etigilde 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. Zucker, Goldberg & Ackerman, LLC XFP-169028 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 ii By: ' Dated: October 1 , 2012 Sco tt rick, Esquire; PA .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-169028/jab 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-$500; (908) 233-1390 FAX Email: Office~zuckergoldberg.com Zucker, Goldberg & Ackerman, LLC XFP-169028 • ~ Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet • Date: Cumberland County Court of Common Pleas Docket # iBORROWER REti~EST 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 names): 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: How long? State: Zip: Home: Office: Cell: Other: How long? First Mortgage Lender: Type of Loan: Loan Number: Second Mortgage lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Date of last Payment: Primary Reason for Default: Included Taxes & Insurance: Is the loan in Bankruptcy? Yes ^ No ^ If yes, provide names, location of court, case number & attorney: Yes ^ No ^ Listing date State: Yes ^ No ^ Zip: Price: $ Realtor Phone: State: Zip: Home: Office: Cell: Other: Date you closed your loan: Zucker, Goldberg & Ackerman, LLC XFP-169028 Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2: Model: Year: Amount owed: Value: Name of Employers: 1. -- 2. 3. Additional Income Description (not wages): 1. Monthly amount: 2. Monthly amount: Borrower Pay Days: Co-Borrower Pay Days: 11Ao~thly Exnens~es: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mo a Food 2 Mortgage Utilities Car Payment{s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/re airs Other pro .payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day/Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ^ No ^ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Zucker, Goldberg & Ackerman, LLC XFP-169028 Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ^ No ^ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ^ No ^ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: I/We, ,authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that i/we am/are under no obligation to use the services provided by the above named Borrower Signature Co-Borrower Signature Date Date Please forward this document along with the following information to lender and tender'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) Zucker, Goldberg & Ackerman, LLC XFP-169028 • IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, ' vs. NO.. Donald L. Gregg, Jr.; Kelli M. Gregg; . Defendant(s). REQUEST FOR CONCifL1AT10N 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 acourt-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-169028 IN THE COURT OF COMMON PLEAS Of CUMBERIAN© COUNTY, PENN~YLVAINIA Wells Fargo Bank, N.A. vs. CIVIL DIVISION Plaintiff, NO.. Donald L. Gregg, Jr.; Kelli M. Gregg; 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 acourt-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). u. 1 Vii' ie..l Zucker, Goldberg & Ackerman, lLC XFP-169028 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-169028 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 DEBTOR 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 ( fiJAY PERIOO FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEt3T. EYEM Ti#6H THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS AEI V!~ITH11+V TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQt1E5T WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. Zucker, Goldberg & Ackerman, lLC XFP-169028 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff - r, ~~ 1.'i~~F 1 i. Jody S Smith ~' ~ ~ ~ ~ ~ ~~,t r t ,., Chief Deputy ~ ~ ~ ~~~~ `~ Richard W Stewart `~~ ~~~ ~,"r Solicitor ~~t li.~-~7't- ~{~.~i~[~ '' Wells Fargo Bank, N.A. vs. Donald L. Gregg, Jr. (et al.) Case Number - ,_______ 2012-6177 SHERIFF'S RETURN OF SERVICE 10/09/202 11:42 AM -William Cline, Corporal, who being duly sworn according to law, states that on October 9, 2012 at 1142 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Kelli M. Gregg, by making known unto herself personally, at 224 Faith Circle, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her perso Ily the said true and correct copy of the same. ter, ILL M CL E, DEPlJTY 10/31/201?_ 09:05 PM -Deputy Ryan Burgett, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Donald L. Gregg, Jr at 44 Winchester Gardens, North Middleton Township, Carlisle, PA 17013. Address was provided by defendant's ex-wife. T._.....- ---~ --_~- }`e` ~ . . RYAN BURGETT, DEP 'Y_ SHERIFF COST $68.00 November 02, 2017_ SO ANSWERS, ,--~ `~ RONNY R ANDERSON. SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, c VS. NO.: 12-6177 CIVIL C-) -r9 --� Donald L. Gregg,Jr.; Kelli M. Gregg; M _ M_ Defendants. ;., rn C {° "� c)-n y .. © � PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Please mark the case filed at the above-captioned term and number SETTLED and DISCONTINUED,without prejudice. Respectfully Submitted: ZUCKER, GOLDBERG & ERMAN, LLC BY: Scott A. Di er' sq ire; PA I.D.#55650 Kimberl . 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-169028/ka 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX