HomeMy WebLinkAbout13-1470 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK, NA, CIVIL DIVISION
i
Plaintiff, NO.:
TYPE OF PLEADING
Loretta L. Ingle; Dale L. Ingle;
CIVIL ACTION - COMPLAINT
Defendants. IN MORTGAGE FORECLOSURE C
TO: DEFENDANTS FILED ON BEHALF OF:
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE
ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS Wells Fargo Bank, NA
FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAYBE
ENTERED AGAINST YOU.
COUNSEL OF RECORD FOR THIS PARTY:
I HEREBY CERTIFY THAT THE ADDRESS
OF THE PLAINTIFF IS: ZUCKER, GOLDBERG & ACKERMAN, LLC
3476 Stateview Blvd.
Ft. Mill, SC 29715
Scott A. Dietterick, Esquire
AND THE DEFENDANT: Pa. I.D. #55650
3436 Bedford Drive Kimberly A. Bonner, Esquire
Camp Hill, PA 17011 -2717 Pa. I.D. #89705
Joel A. Ackerman, Esquire
Pa I.D. #202729
CERTIFICATE OF LOCATION
I HEREBY CERTIFY THATTHE LOCATION OF Ashleigh Levy Marin, Esquire
THE REAL ESTATE AFFECTED BY THIS LIEN IS Pa I.D. #306799
3436 Bedford Drive, Camp bff PA 17011 717 Ralph M. Salvia, Esquire
Municipality: Hampden
Pa I.D. #202946
Jaime R. Ackerman, Esquire
ATTORNEY FP F Pa I.D. #311032
ATTY'FILE NO.: XFP 175850 200 Sheffield Street, Suite 101
Mountainside, NJ 07092
(908) 233 -8500
(908) 233 -1390 FAX
office @zuckergoldberg.com
File No.: XFP- 175850/mme
IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ. (1977),
DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF
DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING,
COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION
THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN
THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S)
THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD
FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH
THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION
WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO
REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30)
DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE
DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD
THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR
EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE
REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE
CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT.
IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO
COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Wells Fargo Bank, NA CIVIL DIVISION
Plaintiff,
NO.:
vs.
Loretta L. Ingle; Dale L. Ingle;
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, NA CIVIL DIVISION
Plaintiff,
NO.:
vs.
Loretta L. Ingle; Dale L. Ingle;
Defendants.
AVISO
LISTED 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
notificaci6n 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 corno se describe
anteriormente, el caso puede proceder sin usted sin previo aviso y un fallo por cualquier suma de
dinero reclamada en la demanda 0 cua Iquier otra reclamacion o remedio solicitado por el
demandante, puede ser dictado en contra suva por la Corte. Usted puede perder dinero o
propiedades u otros derechos importantes para usted.
LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN
ABOGADO 0 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 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, NA CIVIL DIVISION
Plaintiff,
NO..
vs.
Loretta L. Ingle; Dale L. Ingle;
Defendants.
CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE
And now comes Wells Fargo Bank, NA, by its attorneys, Zucker, Goldberg & Ackerman, LLC,
and files this Complaint in Mortgage Foreclosure as follows:
1. The Plaintiff is Wells Fargo Bank, NA, (hereinafter "plaintiff') with its place of
business located at 3476 Stateview Blvd., Ft. Mill, SC 29715.
2. The Defendant, Loretta L. Ingle, is an individual whose last known address is 3436
Bedford Drive, Camp Hill, PA 17011 -2717.
3. The Defendant, Dale L. Ingle, is an individual whose last known address is 3436
Bedford Drive, Camp Hill, PA 17011 -2717.
4. Wells Fargo Bank, NA, directly or through an agent, has possession of the Promissory
Note. Wells Fargo Bank, NA 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 September 30, 2004, Dale L. Ingle, a married man and Loretta L. Ingle, a
married woman made, executed and delivered to Mortgage Electronic Registration Systems, Inc. as
nominee for Waypoint Bank a Mortgage in the original principal amount of $121,043.00 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 October 19, 2004, in Mortgage Book \Volume 1884, Page 4651. 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.
Zucker, Goldberg & Ackerman, LLC
XFP- 175850
062 -PA -V3
6. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded October 3,
2012, the mortgage was assigned to Wells Fargo Bank, NA which assignment is recorded in the Office
of the Recorder of Deeds for Cumberland County, Instrument #201230397. The Assignment 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.
7. Dale L. Ingle and Loretta L. Ingle, husband and 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 September 1, 2012.
9. As of 03/01/2013 the amount due and owing Plaintiff by Defendant(s) is as follows:
Principal $106,556.37
Interest through 03/01/2013 $3,729.46
Escrow Advance $183.96
Suspense Balance ($107.56)
Late Charges $294.80
Inspection Fees $30.00
Total $110,687.03
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.
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
Zucker, Goldberg & Ackerman, LLC
XFP- 175850
062 -PA -V3
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.
WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount
due of $110,687.03 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& ACifEP LLC
BY:
Dated: °; Scott A. DigWrick, Esquire; PA I.D. #55650
Kimberly A. Bonner, Esquire; PA I.D. #89705
Joel A. Ackerman, Esquire; PA I.D. #202729
Ashleigh L. Marin, Esquire; PA I.D. #306799
Ralph M. Salvia, Esquire; PA I.D. #202946
Jaime R. Ackerman, Esquire; PA I.D. #311032.
Attorneys for Plaintiff
XFP- 175850/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 OBTAINED
WILL BE USED FOR THAT PURPOSE.
Zucker, Goldberg & Ackerman, LLC
XFP- 175850
062 -PA -V3
EXHIBIT A
Zucker, Goldberg & Ackerman, LLC
XFP- 175850
062 -PA -V3
NOTE FHA Case No
Multistate NOTE
September 30th, 2004
�Datel MI"
3436 Bedford Drive, Camp Hill, PA 17011
JPropeny Address]
1. PARTIES
"Borrower" means each person signing at the end of this Mote, and the person's successors and assigns. "Lender" means
WAYPOINT BANK
and its successors and assigns.
2. BORROWER'S PRONIISE TO PAY; INTEREST
In return for a loan received from Lender, Borrower promises to pay the principal Burn of
One Hundred Twenty One Thousand Forty Three and no /100.
Dollars (U,S. $ 121 043 .00 j, 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 Six
percent i 6.000 %) per year until the full amount of principal has been paid.
3. PRONIISE 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 of each month beginning on
November 1st 2004 . Any principal and interest remaining on the first day of October
2034 , will be due on that dale, which is called the "Maturity Date."
(B) Place
Payment shall be made at P. O. Box 1711, Harrisburg, PA 17105
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. S 725 .72 This amount
will he 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
It' an 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 JCheck applicable box]
F - 1
LJGraduated Payment Allonge ElGrowing Equity Allonge Other [specify]
5. BORROWER'S RIGHT 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.
-1R 10210, FHA Multistate Fixed Rate Note - 10195
VMP AAORTGAGE FORMS- i8C0:521.7291
Pale- I et : Ini[ials:
6. BORROWER'S FAILURE TO PAY
(A) Late Charge for Overdue Payments
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 collect a late charge in the amount
of Four percent( 4-00 %) 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
toll 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) Pavment 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 demand 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, 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
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 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 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.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note.
1,
"' (Sea!) (Seal) 4
Dale 1. Ingle - Borrower o etta L Ingle Borrower
( Seal) (Seal)
- Borrower
- Borrower
'WIl ffUOT R2KOIARSt PRY TO 7 OR'DE12 of± FPW THOUT RECOURSE
'V�!< �5 �f`fY7 .N n. A• (Seal) TO THE ORDER p _ (Seal)
.borrower - Borrower
�.•- waypp�tganK s
(ry me off- ,o� Fargo Bank, N.A.
i (Seal) — - -- —^ (Seal)
I V108 t .... ...... __..;�
15 r (T iCQ'.f iBorrower
� Deanna Martin Borrower
emsldent
i 1 R l0 c( i ~`
f o ftfa� 3 !'�YQ�ra T1w Page 2 0( 2
EXHIBIT B
Zucker, Goldberg & Ackerman, LLC
XFP- 175850
062 -PA -V3
ALL THAT CERTAIN tract of land with the improvements thereon, erected,
being situate in Hampden Township Cumberland County, Pennsylvania,
bounded and described as follows, to wit:
BEGINNING at a point on the north side of Bedford Drive, eighty and no
one - hundredths (80.0)) feet east of the eastern line of 36th Street at
the dividing line between Lots Nos. 228 and 229; thence along this
dividing line, North five (05) degrees fifty -seven (57) minutes West,
one hundred three and no one - hundredths (103.00) feet to the dividing
lire between Lots Nos. 219 and 228; thence along said last mentioned
dividing line, North eighty -four (84) degrees three (03) minutes East,
eighty and no one - hundredths (80.00) feet to a point in the dividing
line between Lots Nos. 227 and 228; thence along last mentioned line,
South five (05) degrees fifty -seven (57) minutes East, one hundred
three and no one - hundredths (103.00) feet to Bedford Drive; thence
along the northern line of Bedford Drive, South eighty -four (84)
degrees three (03) minutes West, eighty and no one - hundredths (80.00)
feet to the place of BEGINNING. BEING Lot NO. 228 on the Plan of Part
of Hollywood Development as recorded in the Recorder's Office of
Cumberland County in Plan Book 9, Page 17. BEING known as '3436
Bedford Drive, Camp Hill, PA 17011,
BEING THE SAME PREMISES which Donna L. Hoy f /k /a Donna L. English,
single woman, by Deed bearing date the 29th day of September, 2000,
and recorded on 6th day of October, 2000 in the Office of the Recorder
of Deeds in and for Cumberland County, Pennsylvania, in Record Book
230, Page 683, granted and conveyed unto Gary G. Reed, single man.
UNDER AND SUBJECT TO restrictions and conditions as now appear of
record.
PARCEL #10 -21- 0275 -045
VERIFICATION
Steve DeFurio, hereby states tha he he is Vice President Loan Documentation
of WELLS FARGO BANK, N.A., plaintiff in this matter, thatohe is 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 s her 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: Steve DeFurio
Title: Vice President Loan Documentation
Company: Wells Fargo Bank N.A.
Date: 03/05/2013
086 -PA -V2 File 4 175850
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Wells Fargo Bank, NA CIVIL DIVISION
Plaintiff,
vs.
_a
Loretta L. Ingle; Dale L. Ingle;
Defendants.
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential property which is the subject of this foreclosure action, you
may be able to participate in a court - supervised conciliation conference in an effort to resolve this
matter with your lender.
If you do not have a lawyer, you must take the following steps to be eligible for a conciliation
conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn
Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request
appointment of a legal representative at no charge to you. Once you have been appointed a legal
representative, you must promptly meet with that legal representative within twenty (20) days of the
appointment date. During that meeting, you must provide the legal representative with all requested
financial information so that a loan resolution proposal can be prepared on your behalf. If you and your
legal representative complete a financial worksheet in the format attached hereto, the legal
representative will prepare and file a Request for Conciliation Conference with the Court, which must be
filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do
so and a conciliation conference is scheduled, you will have an opportunity to meet with a
representative of your lender in an attempt to work out reasonable arrangements with your lender
before the mortgage foreclosure suit proceeds forward.
If you are represented by a lawyer, you and your lawyer must take the following steps to be
eligible for 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
By: _
Dated: March 1 2013 Scott A. Dietterick, Esquire; PA I.D. #55650
Kimberly A. Bonner, Esquire; PA I.D. #89705 Joel
A. Ackerman, Esquire; PA I.D. #202729
Ashleigh L. Marin, Esquire; PA I.D. #306799
Ralph M. Salvia, Esquire; PA I.D. #202946
Jaime R. Ackerman, Esquire; PA I.D. #311032
Attorneys for Plaintiff
XFP- 175850/ns
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:
CUSTOM R/PRI MARY APPLICANT
Borrower name(s): --
Property Address:
City: State: Zip:
Is the property for sale? Yes ❑ No ❑ Listing date: Price: $
Realtor Name: Realtor Phone:
Borrower Occupied? Yes ❑ No ❑
Mailing Address (if different):
State: Zip:
City:
Phone Numbers: Home: Office: —
Cell: Other:
Email: - --
# of people in household: How long?
CO-BORROWER
Mailing Address:
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
FINANCIAL INFORMATION
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- 175850
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:
Monthly Income
Name of Employers:
2.
3.
Additional Income Description (not wages):
1. Monthly amount:
2. Monthly amount:
Borrower Pay Days: Co- Borrower Pay Days:
Monthly Expenses (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
2nd Mortgage Utilities
Car Payment(s) Condo /Neigh. Fees
Auto Insurance Med. (not covered)
Auto fuel /repairs Other prop. payment
Install. Loan Payment Cable TV
Child Support/Alim. Spending Money
Day /Child Care /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- 175850
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:
AUTHORIZATION
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 Date
Co- Borrower Signature Date
Please forward this document along with the following information to lender and lender's counsel:
V Proof of Income
V Past 2 bank statements
V Proof of any expected income for the last 45 days
V Copy of current utility bill
V Letter explaining reason for delinquency and any supporting documentation (hardship letter)
V Listing agreement (if property is currently on the market)
Zucker, Goldberg & Ackerman, LLC
XFP- 175850
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Wells Fargo Bank, NA CIVIL DIVISION
Plaintiff,
NO.:
vs.
Loretta L. Ingle; Dale L. Ingle;
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
a court- supervised conciliation conference.
The undersigned verifies that the statements made herein are true and correct. I understand
that false statements are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn
falsification to authorities.
Signature of Defendant's Counsel /Appointed Date
Legal Representative
Signature of Defendant Date
Signature of Defendant Date
Zucker, Goldberg & Ackerman, LLC
XFP- 175850
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Wells Fargo Bank, NA CIVIL DIVISION
Plaintiff,
NO..
vs.
Loretta L. Ingle; Dale L. Ingle;
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 a court- supervised conciliation
Conference on at M. in at the
Cumberland County Courthouse, Carlisle, Pennsylvania.
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- 175850
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- 175850
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson _
Sheriff f
Jody S Smith
Chief Deputy
E Ln 13 A P P, —
Richard W Stewart AINI T
Solicitor
'EWiSYPA'411A
Wells Fargo Bank, N.A. Case Number
vs.
Loretta L. Ingle(et al.) 2013-1470
SHERIFF'S RETURN OF SERVICE
03/22/2013 07:38 PM - Deputy Tim Black, being duly sworn according to law, served the requested Notice of
Residential Mortgage Foreclosure Diversion Program &Complaint in Mortgage Foreclosure by handing a
true copy to a person representing themselves to be John Freeman, Son-in-law,who accepted as"Adult
Person in Charge"for Loretta L. Ingle at 3436 Bedford Drive, Hampden Township, Camp Hill, PA 17011.
TINfBLKCK, DEPUTY
04/01/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Dale L. Ingle, but was unable to locate the Defendant in his
bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as"Not
Found"at 3436 Bedford Drive, Hampden Twp, Camp Hill, PA 17011. Per defendant's son-in-law the
defendant does not reside at this address and he does not know where defendant is residing. Per the
Camp Hill Postmaster the defendant moved and left no forwarding address.
SHERIFF COST: $64.00 SO ANSWERS,
April 01, 2013 RON u RANDERSON, SHERIFF
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Wells Fargo Bank, NA CIVIL DIVISION
Plaintiff, c
VS. NO.: 13-1470 CIVIL
zJy
Loretta L. Ingle; Dale L. Ingle; ��
Defendants. ���" C:)
�p C)
71t) ar
PRAECIPE TO REINSTATE COMPLAINT
TO THE PROTHONOTARY:
Please mark the Complaint in Mortgage Foreclosure filed at the above-captioned
term and number reinstated.
ZUCKER,GOLDBERG &AC-ERMAN, LLC
By: /f
Dated: June C�, 2013 Scott A. Di4ridk Esquiref'OAVD.#55650
Kimberly A, Bonner, Esquire; PA I.D.#89705
Joel A.Ackerman, Esquire; PA I.D.#202729
Ashleigh L. Marin, Esquire; PA I.D.#306799
Ralph M.Salvia, Esquire; PA I.D.#202946
Jaime R.Ackerman, Esquire; PA I.D.#311032
Attorneys for Plaintiff
XFP-175850/emed
200 Sheffield Street,Suite 101
Mountainside, NJ 07092
(908)233-8500; (908)233-1390 FAX
Email: Office @zuckergoldberg.com
Q-
��-
SHERIFF'S OFFICE OF CUMBERLAND COUNTY DT� .1r' +
Ronny R Anderson f t 1 ,
Sheriff Z 03 JUL 16 AM �I
Jody S Smith x �'
Chief Deputy ' : (UM$ERL A NO r✓O W4
PENINS YLVANIA
Richard W Stewart
Solicitor OFME OF THE SHER11Pr
Wells Fargo Bank, N.A.
Case Number
vs.
Loretta L. Ingle(et al.) 2013-1470
SHERIFF'S RETURN OF SERVICE
06/18/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Loretta L. Ingle, but was unable to locate the Defendant in the
Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Lancaster, Pennsylvania to serve the
within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage
Foreclosure according to law.
06/28/2013 The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in
Mortgage Foreclosure returned by the Sheriff of Lancaster County, the within named Defendant Loretta L.
Ingle, not found. Mark S. Reese, Sheriff, Return of Service attached to and made part of the within
record.
SHERIFF COST: $28.46 SO ANSWERS,
July 05, 2013 RbNW R ANDERSON, SHERIFF
(c)CounlYSuite Sheriff,Teleosoff,Inc.
SHERIFF'S OFFICE OF LANCASTER COUNTY
Mark S. ReeseN Brad Harris
Sheriff , *q, Solicitor
Marc Lancaster t Charles Hamilton
Chief Deputy Lieutenant
Wells Fargo Bank, N.A.
Case Number
vs.
LORETTA L INGLE 2013-1470
SHERIFF'S RETURN OF SERVICE
06/28/2013 09:02 AM-I, 'DEPUTY MELISSA HEIM, BEING DULY SWORN ACCORDING TO LAW, STATES I MADE
DILIGENT SEARCH AND INQUIRY FOR THE WITHIN NAMED DEFENDANT TO WIT: LORETTA L
INGLE, BUT WAS UNABLE TO LOCATE THE DEFENDANT. THE SHERIFF THEREFORE RETURNS
THE WITHIN REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE(CIMF)AS"NOT FOUND"
AT 20 OAK KNOLL ESTATE, ELIZABETHTOWN, PA 17022.
ADDRESS IS IN DAUPHIN COUNTY, OFF HERSHEY ROAD.
MELISSA HEIM, DEPUTY
SHERIFF COST: $41.50 SO ANSWERS,
July 01, 2013 MARK S. REESE, SHERIFF
COSTS
DATE CATEGORY MEMO CHK# DEBIT CREDIT
06/24/2013 Advance Fee Advance Fee 49345 $0.00 $150.00
06/24/2013 Receiving,Docketing&Return $9.00 $0.00
06/24/2013 Service $9.00 $0.00
06/24/2013 Affidavit $2.50 $0.00
06/24/2013 Deputy Time $10.00 $0.00
06/24/2013 Copies _ $6.00 $0.00
07/01/2013 Not Found Return $5.00 $0.00
07/01/2013 Refund $108.50 $0.00
$150.00 $150.00
BALANCE: 1 $0.00
Plaintiff Attorney.ZUCKER, GOLDBERG &ACKERMAN, 200 Sheffield Street, Suite 301, Mountainside, NJ 07092-9830
(c)CountySuife Sheriff Teleosoft,Inc