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Home My WebLink About13-0597 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v+~ [.U f~'i ""~ WELLS FARGO BANK, N.A., CIVIL DIVISION ~ c~a 1 ~~~, ~3 ~~~ ~~ -~~.T u, Plaintiff, NO.: / >'--~ :rte vs. ra ~ ~~ TYPE OF PLEADING ~ Wayne R. Murray; Jessica M. Murray; ~~ -- CIVIL ACTION -COMPLAINT ~"° ° Defendants. IN MORTGAGE FORECLOSURE T0: DEFENDANTS YOU ARE HEREBY NOTIFIED TO PLEADTO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 3476 Stateview Blvd.. Ft. Mill, SC 29715. AND THE DEFENDANT: 346 Frutchev Drive East Stroudsburg. PA 18302 CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT~E LOCATION OF THE REAL ESTATE AFFjCTED BY THIS L~[N IS FOR PLAINTIFF ATTY FILE NO.: XFP 163237 FILED ON BEHALF OF: Wells Faro Bank, N.A. COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire Pa. I.D. #55650 Kimberly A. Bonner, Esquire Pa. I.D. #89705 Joel A. Ackerman, Esquire Pa I.D. #202729 Ashleigh Levy Marin, Esquire Pa I.D. #306799 Ralph M. Salvia, Esquire Pa I.D. #202946 Jaime R. Ackerman, Esquire Pa I.D. #311032 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500 (908) 233-1390 FAX officeCc~zucker~oldbers.com File No.: XFP- 163237/mme t~ '"'"'I -,.. '~ ('Y «.. ~~~ _ ~ ~~ ~~, ~« ^.~ :;~ ;:,: r~ °.:._ _._ ~ ~t L`-'~ Q~~ ~l 03,75 any ~~~uU3~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. vs. Wayne R. Murray; Jessica M. Murray; CIVIL DIVISION Plaintiff, NO.. Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND LAWYER REFERRAL Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. vs. Wayne R. Murray;lessica M. Murray; CIVIL DIVISION Plaintiff, NO.. Defendants. 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 despues de la notificacian 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 0 propiedades u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGAR UNO, LLAME 0 VAVA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 LAWYER REFERRAL 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. Wayne R. Murray; Jessica M. Murray; Defendants. 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, Wayne R. Murray, is an individual whose last known address is 346 Frutchey Drive, East Stroudsburg, PA 18302. 3. The Defendant, Jessica M. Murray, is an individual whose last known address is 346 Frutchey Drive, East Stroudsburg, PA 18302. 4. 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. 5. On or about June 18, 2010, Wayne R. Murray and Jessica M. Murray made, executed and delivered to Mortgage Electronic Registration Systems, Inc., as nominee for Sovereign Bank a Mortgage in the original principal amount of $175,518.00 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 June 24, 2010, Instrument #201016733. 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. 6. Plaintiff is the current Mortgagee by Assignment of Mortgage recorded January 27, 2012, the mortgage was assigned to Wells Fargo Bank, NA which assignment is recorded in the Office Zucker, Goldberg & Ackerman, LLC XFP-163237 062-PA-V3 of the Recorder of Deeds for Cumberland County, Instrument #201202693. The Assignment 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. 7. Wayne R. Murray and Jessica M. Murray, his wife are record and real owners of the aforesaid mortgaged premises. 8. 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 November 1, 2011. 9. As of 01/22/2013 the amount due and owing Plaintiff by Defendant(s) is as follows: Principal $172,403.81 Interest through 01/22/2013 $ 11,834.81 Escrow Advance $ 5,169.57 Late Charges $ 151.19 Inspection Fees $ 120.00 Total $ 189,679.38 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. 10. 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). 11. This action does not come under Act 91 of 1983 because the mortgage is FHA insured. 12. 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-163237 062-PA-V3 WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $189,679.38 with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. o.,ea 3~~ ~I3 ZUCKER, GOLDBF,j~ & fjjiIC~R(~'~N, LLC BY: Scott A. D' ric squire; PA I.D. #55650 Kimberl A. Bonner, Esquire; PA I.D. #89705 Joel A. ckerman, 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 f Attorneys for Plaintiff XFP-163237/mme 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OB''~A/Nfb WILL BE USED FOR THAT PURPOSE Zucker, Goldberg & Ackerman, LLC XFP-163237 062-PA-V3 EXHIBIT A Zucker, Goldberg & Ackerman, LLC XFP-163237 062-PA-V3 MIN ll NOTE FHA Case No. Multistate Jhrna 18, 2010 (Date] 108 Park Pl / Camp Hill, PA 17011 [Property Addross] 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. ''Lender" means sovereign sank and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; IIVTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of ono Hundred soventy Five Thousand Five Hundred Eighteen And Zero/100 Dollars (U.S. $ 175, 518.00 / ), plus interest, to the order of Lender. Interest will be chazged on unpaid principal, from the date of disbar ent of the loan proceeds by Lender, at the rate of rive aad ono quarter percent ( ~ 5.250 %) 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, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time . Borrower shall make a payment of principal and interest to Lender on the first day o~h month beginning on '/Auquat 01 2010 .Any principal and interest remaining on the first day of July , 2040 , will be due on that date, which is called the "Maturity Date." (B) Place Payment shall be made at 1130 Berkshire Slvd. , Wyomissing, PA 19610 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. $ 969.22 v .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 Instrument. (D) Allonge to this Note for payment adjustments If an Alonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the alonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the alonge were a part of this Note. ,[Check applicable box] ^Graduated Payment Allonge ^Growing Equity Allonge ^Other [specify] FHA Muttisto~~ FixW wa Nola VMP ~ Wollm Kluw x FMmdal Suvicu 10/Y6 !(I /Vf ~ _ PiOO 1 0l3 5. BORROWER'S RIGIIT TO PREPAY Borrower has the 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 accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required 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. 6.~ BORROWER'S FAQ.URE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Seauity Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of sour percent ( 4.000 %) of the overdue amount of each payment. (B) Default If 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 all 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. This Note does 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 Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such'fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to dennutd payment of amounts due. "Notice of 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 a different method, atry 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 Borrower has given Lender a notice of Borrower' s different address. Any notice that must be given to Lender under 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, each person is fully and peasonally 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 individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. FHA MuNhtW Fixed Ibt• Noto - ` Wollo®KluworFinanchl8orvicos ~ VMP1R(090Y) Popp 2 of 3 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. J ~ ~~) ~S~) Ways R Murray -Borrower s,iea M tray -Borrower ~~~ -Borrower -~~~~ -Borrower ~~~ ~~) -Borrower -Borrower ~~~~ ~~~ PAY TO THE ORIIfi~roQF -Borrower WELLS FARGO BANK, N.A. WITHOUT RECOURSE SOVEREIGN BANK ACEY ER, ING OF R FHA Mu0istn~ Fucod Rst~ Nol• VMP Wo0~n Klowor Finanoia~ Serviu~ c:a ~s,; ,aus VMPf R (0909) Papo ~ of 7 EXHIBIT B Zucker, Goldberg & Ackerman, LLC XFP-163237 062-PA-V3 i ~ 1 ~ .i ~ . Legal Description ALL THAT CERTAIN piece or parcel of land situate in Lower Allen 'Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEC1NNlNG at a point referenced North OS degrees 02 minutes East, a distance of 19.12 feet from the intersection ofthe eastern line of Park Place with the northern line ol'Glennwood Road; thence along the eastern line of Park Place, North OS degrees 02 minutes East, a distance oC 80.88 feet to a point at the dividing line between Lots Nos. 7 and 8; Block "C", on the Plan of Lots referred to hereinafter; thence along said Last mentioned dividing line, South 84 degrees 58 minutes East, a distance of 89.57 feet to a point at the dividing line between Lots No. 6 and 7, Block "C", on said Plan; thence by said last mentioned dividing line, South 07 degrees 36 minutes West, a distance of 103.90 feet to a point on the northern lint of Glennwood Road; thence along the northern line of Glennwood Road, North 82 degrees 24 minutes West, a distance of65.88 feet to a point; thence by a curve to the right having a radius of 20 feet, an arc distance of 30.52 feet to a point on the eastern line of Park Place, the place of BEGINNING. BEINC Lot 7, Block "C", on the Plan of Linden Garden, which said flan is dated October 8, 1954, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 6, Page 49. HAVING THEREON ERECTED a dwelling known as 108 Park Place, Camp Hill, Pennsylvania, 17011. ., VERIFICATION Sonya Moore, hereby states that heshe 's Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff in this matter, that he he '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 er nformation 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: Sonya Moore Title: Vice President Loan Documentation Company: Wells Fargo Bank, N.A. Date: O 1 /29/2013 086-PA-V2 File # 163237 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Federal Home Loan Mortgage Corporation Plaintiff, vs. Wayne R. Murray;lessica M. Murray; Defendants. Q CIVIL DIVISION ~ ~ ~...~ ns- ~ i "'C .-y ,-'il ~ c~ _°" w,,> :~-~.,~ :Y ~ ~ J ' . ..~ ' . 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, GOLDBERf~ACKERMAN, LLC By: Dated: February 1, 2013 Scoff: Dietterick, Esquire; PA I.D. #55650 Ki berly A. Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 ~/ Attorneys for Plaintiff XFP-163237/cper 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com 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: State: Zip: Is the property for sale? Yes ^ No ^ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Mailing Address (if different): City: Phone Numbers: Email: Yes ^ No ^ Home: Cell: State: Zip: Office: Other: # of people in household: How long? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? First Mortgage Lender: Type of Loan: Loan Number: Date you closed your loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ^ No ^ If yes, provide names, location of court, case number & attorney: Zucker, Goldberg & Ackerman, LLC XFP-163237 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 2" 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-163237 • 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 Date Please forward this document along with the following information to lender and lender's counsel: J Proof of Income ~ Past 2 bank statements ~ Proof of any expected income for the last 45 days d Copy of current utility bill ~ Letter explaining reason for delinquency and any supporting documentation (hardship letter) Y listing agreement (if property is currently on the market) Zucker, Goldberg & Ackerman, LLC XFP-163237 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Federal Home Loan Mortgage Corporation CIVIL DIVISION Plaintiff, vs. NO.. Wayne R. Murray; Jessica M. Murray; Defendants. 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 Date Legal Representative Signature of Defendant Signature of Defendant Date Date Zucker, Goldberg & Ackerman, LLC XFP-163237 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Federal Home Loan Mortgage Corporation CIVIL DIVISION Plaintiff, NO.. vs. Wayne R. Murray;lessica M. Murray; Defendants. 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 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 Zucker, Goldberg & Ackerman, LLC XFP-163237 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-163237 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. SHERIFF'S OFFICE OF CUMBERLAND COUNTY M Ronny RAnderson pw 70 E Sheriff �-- Jody S Smith 4,74 C�s Chief Deputy Richard W Stewart Solicitor OFD IOP.OFT)IE SHERIFF ' Wells Fargo Bank, N.A. Case Number vs. 2013-597 Wayne R. Murray(et al.) SHERIFF'S RETURN OF SERVICE 02/07/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Wayne R. Murray, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Monroe, Pennsylvania to serve the within Complaint in Mortgage Foreclosure according to law. 02/07/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Jessica M. Murray, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as"Not Served"at 120 November Drive, Camp Hill Borough, Camp Hill, PA 17011. Deputies were advised that the defendant moved to 709 North Madison Street, San Angelo, Texas 76901. 02/07/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Jessica M. Murray, but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of Monroe, Pennsylvania to serve the within Complaint in Mortgage Foreclosure according to law. 02/07/2013 04:26 PM-Deputy Jason Kinsler, being duly sworn according to law, attempted service to the Defendant, to wit: Jessica M. Murray at 108 Park Place, Lower Allen, Camp Hill, PA 17011.The address was found to be vacant. 02/07/2013 04:26 PM- Deputy Jason Kinsler, being duly sworn according to law, attempted service to the Defendant, to wit: Wayne R. Murray at 108 Park Place, Lower Allen, Camp Hill, PA 17011.The address was found to be vacant. 02/11/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Wayne R. Murray, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as"Not Served"at 120 November Drive, Camp Hill Borough, Camp Hill, PA 17011. Deputies were advised defendant resides at 346 Frutchey Drive, East Stroudsburg, Pennsylvania, Monroe County. 02/11/2013 Ronny R Anderson, Sheriff,who being duly sworn according to law, states that he served the within Notice of Residential Mortgage Foreclosure Diversion Program&Complaint in Mortgage Foreclosure upon the within named defendant, Jessica M. Murray, in the following manner: On February 11, 2013 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Complaint in Mortgage Foreclosure to the defendant's last known address of 709 N. Madison Street, San Angelo, Texas 76901. The certified mail return was signed by an adult in charge on Fedbruary 13, 2013 per the USPS. 02/20/2013 The Sheriff of Monroe County, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Jessica M. Murray, but was unable to locate the Defendant in his bailiwick. The Monroe County Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as"Not Served"at 346 Frutchey Drive, East Stroudsburg, PA 18302. Per Wayne Murray, defendant lives in San Angelo Texas. 02/20/2013 The requested Complaint in Mortgage Foreclosure served by the Sheriff of Monroe County upon Wayne R. Murray, personally, at 346 Frutchey Drive, East Stroudsburg, PA 18302. Todd A. Martin, Sheriff, Return of Service attached to and made part of the within record. {c}Cnunty5uite Sheriff,Teleosoit,Iris. SHERIFF COST: $140.71 SO ANSWERS, May 13, 2013 RONW R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft.Inc. TODD A. MARTIN 570-420-3670 Sheriff FAX: 570-517-3870 PA OFFICE OF THE SHERIFF COUNTY OF MONROE COURTHOUSE,STROUDSBURG,PA 18360-2189 WELLS FARGO BANK NA COMMONWEALTH OF PA Primary Plaintiff COUNTY OF MONROE V. CIVIL DIVISION CASE NO. 2013-597 CUMBERLAND CO WAYNE R MURRAY MCSO NO.G 10 1972 Primary Defendant SHERIFF'S SERVICE AFFIDAVIT OF RETURN 1, Todd A. Martin, Sheriff of the County of Monroe, State of Pennsylvania, do hereby certify and return, NO SERVICE for the PERSONAL/PERSON IN CHARGE service request for JESSICA M MURRAY, Defendant, named in the within Complaint in Mortgage Foreclosure, at his/her last known address of 346 FRUTCHEY DRIVE EAST STROUDSBURG, PA 18302, 2/20/2013. PER EX-HUSBAND, WAYNE (CO-DEF.), DEF. LIVES IN SAN ANGELO, TEXAS AND HAS RECIEVED THIS.NOT AT ABOVE. SO ANSWER ,, Todd A. By: te DEPUTY: HEVENER, HERBERT; Deputy; C-16 r t TODD A.MARTIN 570-420-3670 Sheriff FAX: 570-517-3870 g$ERIFF 30 S OFFICE OF THE SHERIFF COUNTY OF MONROE COURTHOUSE,STROUDSBURG,PA 18360-2189 WELLS FARGO BANK NA COMMONWEALTH OF PA Primary Plaintiff COUNTY OF MONROE V. CIVIL DIVISION CASE NO. 2013-597 CUMBERLAND CO WAYNE R MURRAY MCSO NO.G101972 Primary Defendant SHERIFF'S SERVICE AFFIDAVIT OF RETURN AND NOW, 2/20/2013 at 09:33, 1 hereby CERTIFY and RETURN that I have served the within Complaint in Mortgage Foreclosure upon WAYNE R MURRAY, Defendant, by personally handing to WAYNE R MURRAY, one true attested copy of the original Complaint in Mortgage Foreclosure and making known to him/her the contents thereof at 346 FRUTCHEY DRIVE EAST STROUDSBURG, PA 18302. SO ANSW S Todd A. n, S riff By: DEPUTY: HEVENER, HERBERT; Deputy; C-16 Deposit: $150.00 Total Costs: $37.77 Refund: $112.23 TODD A. MARTIN 570-420-3670 Sheriff FAX: 570-517-3870 F, PA/ . OFFICE OF THE SHERIFF COUNTY OF MONROE COURTHOUSE,STROUDSBURG,PA 18360-2189 WELLS FARGO BANK NA COMMONWEALTH OF PA Primary Plaintiff COUNTY OF MONROE V. CIVIL DIVISION CASE NO. 2013-597 CUMB WAYNE R MURRAY MCSO NO.GI01972 Primary Defendant SHERIFF'S SERVICE AFFIDAVIT OF RETURN 1, Todd A. Martin, Sheriff of the County of Monroe, State of Pennsylvania, do hereby certify and return, NO SERVICE for the PERSONAL/PERSON IN CHARGE service request for JESSICA M MURRAY, Defendant,named in the within Complaint in Mortgage Foreclosure, at his/her last known address of 346 FRUTCHEY DRIVE EAST STROUDSBURG, PA 18302, 2/20/2013. PER EX-HIUSBAND, WAYNE (CO-DEF.), DER LIVES IN SANT ANGEL O, TEXAS76NTD SAS C'�' RECIEVED THIS. NOT AT ABOVE. 7% SO ANSWE S-2 Todd A. M i S riff F454 By: cn DEPUTY: HEVENER, HERBERT; Deputy; C-16 TODD A. MARTIN 570-420-3670 Sheriff FAX:570-517-3870 PA OFFICE OF THE SHERIFF COUNTY OF MONROE COURTHOUSE,STROUDSBURG,PA 18360-2189 WELLS FARGO BANK NA COMMONWEALTH OF PA Primary Plaintiff COUNTY OF MONROE V. CIVIL DIVISION CASE NO. 2013-597 CUMBERLAVD WAYNE R MURRAY MCSO NO.G101972 Primary Defendant SHERIFF'S SERVICE AFFIDAVIT OF RETURN AND NOW, 2/20/2013 at 09:33,1 hereby CERTIFY and RETURN that I have served the'tvithin Complaint in Mortgage Foreclosure upon WAYNE R MURRAY, Defendant,by personally handing to WAYNE R MURRAY, one true attested copy of the original Complaint in Mortgage Foreclosure and making known to him/her the contents thereof at 346 FRUTCHEY DRIVE EAST STROUDSBURG, PA 18302. SO ANSWE S, Todd A. Sh iff By: DEPUTY: HEVENER, HERBERT; Deputy; C-16 Deposit: $150.00 Total Costs: $37.77 Refund: $112.23 USPS.com® - Track & Confirm Page 1 of 1 English Customer service USPS Mobile Register/Sign In ' �++ �•� Search USPS.com or Track Packages Quick Tools Ship a Package Send Mall Manage Your Mail Shop Business Solutions Track & Confirm You entered:70070710000322103122 Status:Delivered Your item was delivered at 11:32 am on February 13,2013 in SAN ANGELO,TX 76901. iAdditional information for this item Is stored in files offline. You may request that the additional information be retrieved from the archives,and that we send you an e-mail when this retrieval is complete.Requests to retrieve additional information are generally processed momentarily. I would like to receive notification on this request 1 Restore r Find Another Item What's your label(or receipt)number? Find LEGAL ON USPS.COM ON ABOUT.USPS.COM OTHER USPS SITES Privacy Policy> Government Services> About USPS Home, Business Customer Gateway> Terms of Use, Buy Stamps&Shop> Newsroom, Postal Inspectors> FOIA I Print a Label with Postage Mail Service Updates> Inspector General No FEAR Act EEO Data) Customer Service> Forms&Publications t Postal Explorer> Delivering Solutions to the Lest Miler Careers, Site index, CopyrightZ 2013 USPS.All Rights Reserved. https:Htools.usps.'coin/go/TrackConfirmAction.action 5/13/2013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, c vs. NO.: 13-597 CIVIL `+ Wayne R. Murray;Jessica M. Murray; rn =r;:0 Defendants. may ; ) C =,C:) PRAECIPE TO SETTLE AND DISCONTINUE —C ; TO THE PROTHONOTARY: Please mark the case filed at the above-captioned term and number SETTLED and DISCONTINUED,without prejudice. Respectfull ubmitte ZUCKER,GOL ER C N, LLC BY: Scott A. ietleri , Esquire, D.# 650 Kimberl A. Bonner, Esquire; PA I.D. #89705 Joel A.A keri an, Esquire; PA I.D. #202729 Ashleigh arin, 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-163237/efl 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX