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HomeMy WebLinkAbout12-7236IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA _ ~ .:~ Wells Fargo Bank, N.A. CIVIL DIVISION - ~ ~~=.~ ~' n _,, } ' -- Plaintiff, NO.: n ~~ 3(~ ~11~1~-r :, - w,3 ,.. ~.' Daryl L. Hurley; ~ ~-' a-~ ~ - ,. c,. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND LAWYER REFERRAL Cumberland County Bar Association 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 0 o,~$~u3•~d a~ ~~~. 4aioe t2u a~3~o~- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. vs. Daryl L. Hurley; CIVIL DIVISION Plaintiff, NO.. Defendant. AVISO 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 proximos veinte (20) dias despu~s de la notificacibn 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 reclamation o remedio solicitado por el demandante, puede ser dictado en contra Suva por la Corte. Usted puede perder dinero 0 propiedades u otros derechos importantes pars usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGAR UNO, LLAME O VAVA A LA SIGUEINTE OFICINA PARR 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, vs. NO.. Daryl L. Hurley; . Defendant. 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") with its place of business located at 3476 Stateview Blvd., Ft. Mill, SC 29715. 2. The Defendant, Daryl L. Hurley, is an individual whose last known address is 9 Fox Hollow Lane, Carlisle, PA 17015-7919. 3. Wells Fargo Bank, N.A., directly or through an agent, has possession of the Promissory Note. Wells Fargo Bank, N.A. is either the original payee of the Promissory Note or the Promissory Note has been duly indorsed. A true and correct copy of said Promissory Note is marked Exhibit A, attached hereto and made a part hereof. 4. On or about March 26, 2009, Daryl L. Hurley, a married person made, executed and delivered to Wells Fargo Bank, N.A. a Mortgage in the original principal amount of $147,028.00 on the premises described in the legal description marked Exhibit B, attached hereto and made a part hereof. Said mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on March 31, 2009, Instrument #200909846. The mortgage is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), 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 mortgagee. 6. Daryl L. Hurley is the record and real owner of the aforesaid mortgaged premises. 7. Defendants are in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the monthly installments of principal and interest due March 1, 2012. Zucker, Goldberg & Ackerman, LLC XFP-153213-R1 062-PA-V3 8. As of November 19, 2012 the amount due and owing Plaintiff by Defendant(s) is as follows: Principal $140,928.12 Interest through 11/19/2012 $6,195.52 Escrow Advance $91.60 Suspense Balance ($86.17) Late Charges $242.35 Inspection Fees $75.00 Total $147,446.42 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 Plaintiff s 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. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s). 10. This action does not come under Act 91 of 1983 because the mortgage is FHA insured. 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 in a bankruptcy proceeding, this action is in no way an attempt to re-establish such liability. Zucker, Goldberg & Ackerman, LLC XFP-153213-R1 062-PA-V3 WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $147,446.42 with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. ZUCKE GOLDBERG & ACKERMAN, LLC BY: Dated: ~ i, ~ ~ ~ ~ ~ ~ Scott A. Di tterick, Esquire; PA LD. #55 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-153213-R1/mme 200 Sheffield Street, Suite 101 Mountainside, N1 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com THIS lS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMAT/0N OBTAINED WILL BE USED FOR THAT PURPQSE. Zucker, Goldberg & Ackerman, LLC XFP-153213-R1 062-PA-V3 EXHIBIT A Zucker, Goldberg & Ackerman, LLC XFP-153213-R1 062-PA-V3 ~~ E,ei.:b:~ '.A.. NOTE FHA Csse No. -~~~ Multistate ~ _ --~ MARCH 26, 2009 [Date] 9 FOX HOLLOW LANE, CARLISLE, PA 17015 [Property Address] 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means SQELLS FARQO BANK, N.A. and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received fronk l.cnder, Borrower promises to pay the principal sum of0~ ~pgED FORTY SEVEN THOUSAND TWENTY EIl3HT AND 60/100 Dollars (U. S. $ ********147 , 028.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of FIVE AND ONE-HALF percent ( 5.500 %") per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, dced of trust or similar security instrument that is dated the same date as this Note and called the "Securiq~ Instrument." The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT • (A) Timc Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on MAY O1 2009 ~ .Any principal and interest remaining on the first day of APRIL , 2039 ,will he due on that date, \vhich is called the "Maturity Date." (B) Place Payment shall be made at WELLS FARC30 HOME MORTr3A(iE, P.O. HOX 11701, NEWARK, NJ 071016701 or at such place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $ *******834.81 .This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security [nstrtunent. (D) Allonge to thin Note for payment adjustments If en allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable box] ^Graduated Payment Allonge ^Growing Equity Allonge ^Other [specify] 5. BORROWER'S RIGHT TO PREPAY Borrower has tlke right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accopt prepayment on other days provided that borrower pays interest on the amount prepaid for the remainder of the month to the extent rcqutrcd by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. utttsmstmnsntmnmtntltplaattrtstamnntwasaallmrwisutmmtol ®~-1R (DEOt) FRA Multistate Flsed Rate Voter~- ka/4/5~~` VMP MORTGAGE FORMS-(t100J521~72p1 ~p{y. Pape 1 W 2 Initials /N~ 6. BORROWER'S FAILURE TO PAY ~ (A) Late Charge for Overdue Paymcnta If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may wllect a late charge in the amount of FOUR percent ( 4.000 %) of the overdue amount of each payment. (B) Default [f Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and ell accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. 'I'ltis Notc dots not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Espemea If Lender has required immediate payment in full, as describer) above, Lender may require Borrower to pay costs and expenses including reawnable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interean from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other pawn who has obligations tinder this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice oC dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires u different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borcower has given Lender a notice: of Borrower's different address. Any notice that must be given to Lender unda• this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person Signs this Note, cash person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individutdly or against all signatories together. Any one person signing this Notc may be required to pay all of the amounts owed under this Note. _ (Seat) -Borrower _ (Seal) -Bortow°r _ (Seal) -Hortower ®-7R ro°o~{ vo°z d z PAw Y~ TAO Tli~u WELLS F DANK, N.A. BY SIIIMlEL C. SHEIIFY, ffMl~ y B PRESID~1' / OOOd BY SIGNING BF'I,OW, I3orcower accepts and agrees to the te~m/s and covenants contained in this Note. (Seal) _il~dd (Seal) -Borrower DARYL L Y -Ifortowa (~~) -Bortown (~~) -Bortower (Seal) •l9ortower 1.,rQ t, A m Y o r R ~ Wta~ F s o fq ~F aR BY daN K N .,.... , •A. // EXHIBIT B Zucker, Goldberg & Ackerman, LLC XFP-153213-R1 062-PA-V3 . ~... Exhibit A -Legal Description Commitment No. ~__ ALL THAT CERTAIN tract of land situate In Penn Township, Cumberland County, Pennrylvania, bounded and described as follows in accordance with a Rnal Subdivision Plan for Maple Grove (Phase 2), recorded in the Office of the Recorder of Deeds in and for Cumberand County In Plan Book 79, page 80, to wit; BEGINNING at a point on the Southem side of Fox Hollow Lane, on the dividing line between Lots 15 and 16 on the above mentioned Final SutxNvtsion Plan; thence by said dMding Gne, South 02 degrees 30 minutes 16 seconds East, 551.81 feet to a point; thence by the land now or formerty of Unwood e. Phillips, Jr., and E. Lucille Phillips, North 82 degrees, 48 minutes 32 seconds West, 102.86 feet to a paint marked by an ex'stirx~ planted stone; thence by land now or formerly of M. Thomas Sheaffer, North 02 degrees 30 minutes 16 seconds Wei, 244.20 feet to a point; thence by the same, North 85 degrees 55 minutes 12 seconds West 88.21 feet to a point marked by an existing Iran pin; thence by other land, being Lot 6 or Maple Grove Phase 1, North 04 degrees 04 minutes 48 seconds East 300.00 to a point marked by an existing iron pin; thence by the Southern side of Fox Hollow Lane, South BS degrees 55 minutes 12 seconds East 155.65 feet to a point, the place of BEGINNING. CONTAINING 1.7662 acres and being lot No. 15 on the above mentbned Final Subdivision Plan. BEING PARCEL N0.31-11-0296.070 VERIFICATION Damaris Stephanie Beltran, hereby states that h she s Vice President Loan Documentation of WELLS FARGO BANK, N.A., 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 h s/he information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: Damaris Stephanie Beltran Title: Vice President Loan Documentation Company: Wells Fargo Bank, N.A. Date: Nevu~lnr~r 2~, Z~12 086-PA-V2 File #: 153213 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION ~-~> Plaintiff, ~ ~. - vs. ~~ ;;~?" rya .:n Daryl L. Hurley; -~ _ ~ - - _-; - ~ _., -~ Defendant. - _,'.., - ~,::~` W_ . ,~ NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in 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 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-153213-R1 ZUCKER, GOLDBERG & ACKERMAN, LLC By: Dated: November~~, 2012 Scott A. iet ri squire; P I. . #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-153213-R1/ns 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com Zucker, Goldberg & Ackerman, LLC XFP-153213-R1 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date: Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete• your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Address (if different): City: Phone Numbers: Email: # of people in household: Mailing Address: City: Phone Numbers: Email: # of people in household: Yes ^ No ^ Listing date: State: Zip: Price: $ Realtor Phone: Yes ^ No ^ Home: Cell: State Office: _ Other: How long? State: Zip: Home: Office: Cell: Other: How long? First Mortgage Lender: 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: Date you closed your loan: Zip: Zucker, Goldberg & Ackerman, LLC XFP-153213-R1 Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Amount owed: Automobile #2: Amount owed: Year: Monthly Income Name of Employers: 1. Year: 2. 3. Additional Income Description (not wages): 1• Monthly amount: 2• Monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2"d Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day/Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ^ No ^ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Model: Value: Model: Value: Zucker, Goldberg & Ackerman, LLC XFP-153213-R1 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: AU'TFiC.~RIr'~,~i~;~Cu 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 ~ Past 2 bank statements V Proof of any expected income for the last 45 days d Copy of current utility bill d Letter explaining reason for delinquency and any supporting documentation (hardship letter) ~ Listing agreement (if property is currently on the market) Date Zucker, Goldberg & Ackerman, LLC XFP-153213-R1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. Plaintiff, ' Defendant. CIVIL DIVISION vs. Daryl L. Hurley; NO.: 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 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 Legal Representative Signature of Defendant Signature of Defendant Date Date Date Zucker, Goldberg & Ackerman, LLC XFP-153213-R1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. vs. Daryl L. Hurley; 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 Plaintiff, Defendant. CIVIL DIVISION NO.: CASE MANAGEMENT ORDER Zucker, Goldberg & Ackerman, LLC XFP-153213-R1 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-153213-R1 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. WELLS FARGO BANK,N.A. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION NO. 12-7236 CIVIL DARYL L. HURLEY, Defendant ORDER AND NOW, this /4�` day of May, 2013, the conciliation conference set for Friday, May 24, 2013, at 10:00 a.m. is rescheduled to May 24, 2013, at 2:30 p.m. in Chambers of the undersigned. BY THE COURT, Kevin Hess, P. J. "'-Ralph Salvia, Esquire q For the Plaintiff �John Frommer, Esquire For the Defendant. C©-'Zj 1'v-v /'' th6L M z : i. 7v f +.� Cn { i,�y WELLS FARGO BANK,N.A. IN THE COURT OF COMMON PLEAS OF Plaintiff _ CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION NO. 12-7236 CIVIL DARYL L. HURLEY, Defendant IN RE: CONCILIATION CONFERENCE Present at a mortgage conciliation conference held May 24, 2013, were Ralph Salvia, Esquire, attorney for the plaintiff; John Frommer, Esquire, attorney for the defendant; and Daryl L. Hurley, the homeowner. The plaintiff claims to have received none of the documents which have been submitted in this case. Mr. Salvia indicates that this is clearly an error and will attempt to discern what happened. In the meantime, the documents in this matter will be resubmitted within ten (10) days. A continued mortgage conciliation conference is set by order of even date herewith. ORDER AND NOW,this 2 Y* day of May, 2013, continued hearing is set for Monday, July 22, 2013, at 3:30 p.m. in Chambers of the undersigned. BY THE COURT, Kevin A ess, P. J. ', Ralph Salvia, Esquire For the Plaintiff µr ✓ John Frommer, Esquire `"/milt/ For the Defendant' ` :rlmc WELLS FARGO BANK,N.A. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION NO. 12-7236 CIVIL DARYL L. HURLEY, Defendant ORDER AND NOW, this Z day of June, 2013, hearing in the above matter set for July 22, 2013, is continued to Friday, August 16, 2013, at 2:00 p.m. in Chambers of the undersigned. BY THE COURT, Kevin ess, P. J. h Salvia p � Esquire q F Plaintiff /or the Plainti /John Frommer, Esquire For the Defendant :rlm ('es ffivat LL rrlcD = ^; Znf- D t? WELLS FARGO BANK,N.A., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION NO. 12-7236 CIVIL DARYL L. HURLEY, Defendant IN RE: CONCILIATION CONFERENCE Present at a mortgage conciliation conference held August 16, 2013, were Ralph Salvia, Esquire, attorney for the plaintiff, John Frommer, Esquire, attorney for the defendant; and the homeowner, Daryl L. Hurley. It appears that the bank requires only two or three documents in order to commence its review of this matter. These will be forthcoming shortly. A continued conciliation conference will be set by order of even date herewith. ORDER AND NOW, this G day of August, 2013, continued conciliation conference is set for Friday, October 11, 2013, at 2:30 p.m. in Chambers of the undersigned. BY THE COURT, Kevin . Hess, P. J. ,/Ralph Salvia, Esquire For the Plaintiff ,/john Frommer, Esquire f; For the Defendant q l CD _ f T :rlm 4A O WELLS FARGO BANK,N.A., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION : NO. 12-7236 CIVIL DARYL L. HURLEY, • Defendant IN RE: CONCILIATION CONFERENCE ORDER AND NOW,this // - day of October, 2013, following mortgage conciliation conference, it appearing that any required documents will be provided within seven(7) days, a continued conference is set for Thursday, December 5, 2013, at 3:00 p.m. in Chambers of the undersigned. BY THE COURT, Kevin . Hess, P. J. Ralph Salvia, Esquire For the Plaintiff John Frommer, Esquire For the Defendant :rlm CCr■I'ES fr& rrl W C) n /6/////3 -T- (') r;::J WELLS FARGO BANK,N.A., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION NO. 12-7236 CIVIL DARYL L. HURLEY, Defendant IN RE: CONCILIATION CONFERENCE ORDER AND NOW,this & day of December, 2013, following mortgage conciliation conference, the defendant will be given until the close of business on Monday, January 6, 2014, to complete the submission of necessary documents in this case. Thereafter, in the event that there has not been compliance,the plaintiff may file a petition with the Court for the removal of this case from the Cumberland County Mortgage Foreclosure Diversion Program. BY THE COURT, �l Kevin . Hess, P. J. alph Salvia, Esquire For the Plaintiff : John Frommer, Esquire For the Defendant :rlm Cn L� � W _.1.v - WELLS FARGO BANK, N.A., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION : NO. 12-7236 CIVIL DARYL L. HURLEY, Defendant IN RE: CONCILIATION CONFERENCE ORDER AND NOW, this 1 V. day of July, 2014, a conciliation conference in the above matter is set for Thursday, July 31, 2014, at 9:45 a.m. in Chambers of the undersigned. BY THE COURT, Xlph Salvia, Esquire For the Plaintiff Zhn Frommer, Esquire For the Defendant :rlm Cr) WELLS FARGO BANK,N.A., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION NO. 12-7236 CIVIL DARYL L. HURLEY, Defendant IN RE: CONCILIATION CONFERENCE ORDER AND NOW, this Z 9` day of July, 2014, it appearing that a loan modification has been offered and accepted,the conciliation conference in this matter set for July 31, 2014, is continued generally. BY THE COURT, Kevin . Hess, P. J. ./�Ralph Salvia Es uire9 134 Sipe Avenue Hummelstown, PA 17036 For the Plaintiff John Frommer, Esquire 2080 Linglestown Road, Suite 103 Harrisburg, PA 17110 For the Defendant anene Rimolo MCV � x zrn rn-. Zucker Goldberg 200 Sheffield Street, Suite 101 -��> C) r z —4C:-, Mountainside,NJ 07092 v a =�, Am v� r.) ��'