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Home My WebLink About13-1682 Supreme Court of Pennsylvania Cou Com Pleas • et C County alter , 3 E The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: ® Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking Lead Plaintiff s Name: Wells Fargo Bank, N.A. Lead Defendant's Name: Karl N. Albright C, T Are money damages requested ?: ❑ Yes ® No Dollar Amount Requested: within arbitration limits I (Check one) X outside arbitration limits 0 N Is this a Class Action Suit? [ — ] Yes ® No Is this an MDJ Appeal? [:]Yes ® No Name of Plaintiff /Appellant's Attorney: Scott A. Dietterick, Esq. c/o Zucker, Goldberg & Ackerman, LLC A ❑ Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, cheek the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not include mass tort) ❑ Employment Dispute: E ❑ Slander /Libel/Defamation Discrimination ❑ Other: ❑ Employment Dispute: Other C ❑ Zoning Board T ❑ Other: I: TORT ❑ Other: ❑ Asbestos ❑ Tobacco N ❑ Toxic Tort- DES ❑ Toxic Tort- Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste F] Other: El Ejectment r_1 Common Law /Statutory Arbitration ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus $: ❑ Landlord/Tenant Dispute El Non -Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1//2011 Zucker, Goldberg & Ackerman, LLC XFP- 173569 062 -PA -V3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANA , WELLS FARGO BANK, N.A., CIVIL DIVISION Plaintiff, NO.: - vs.r E <: TYPE OF PLEADING Karl N. Albright; ' cap CIVIL ACTION - COMPLAINT ' Defendant. IN MORTGAGE FORECLOSURE TO: DEFENDANT FILED ON BEHALF OF: YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS Wells Farg Bank, N.A. FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. COUNSEL OF RECORD FOR THIS PARTY: I HEREBY CERTIFY THAT THE ADDRESS OFTHE PLAINTIFF IS: ZUCKER GOLDBERG & ACKERMAN, LLC 3476 Stateview Blvd. Ft. Mill, SC 29715 Scott A. Dietterick, Esquire AND THE DEFENDANT: Pa. I.D. #55650 344CStreet Kimberly A. Bonner, Esquire Carlisle, PA 17013 -1874 Pa. I.D. #89705 Joel A. Ackerman, Esquire CERTIFICATE OF LOCATION Pa I.D. #202729 I HEREBY CERTIFY THAT THE LOCATION OF Ashleigh Levy Marin, Esquire THE REAL ESTATE AFFECTA BY THIS LIEN IS Pa I.D. #306799 344 C StreejCarl 17013 -187a Ralph M. Salvia, Esquire Munici alit Pa I.D. #202946 Jaime R. Ackerman, Esquire ATTORN Pa I.D. #311032 ATTY FILE NO.: XFP 173569 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233 -8500 (908) 233 -1390 FAX office @zuckergoIdberg.com File No.: XFP- 173569/mme D cY, I 3to I IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, NO.. vs. Karl N. Albright; Defendant. 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. CIVIL DIVISION Plaintiff, NO.. vs. Karl N. Albright; Defendant. 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 notificacion 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 reclamaci6n 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 LISTED NO TIENE UN ABOGADO 0 NO PUEDE PAGAR LINO, LLAME 0 VAVA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND LAWYER REFERRAL Cumberland County Bar Association 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. CIVIL DIVISION Plaintiff, NO.. vs. Karl N. Albright; 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, Karl N. Albright, is an individual whose last known address is 344 C Street, Carlisle, PA 17013 -1874. 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 December 10, 1993, Karl N. Albright, sole owner made, executed and delivered to Bank United of Texas FSB a Mortgage in the original principal amount of $59,276.00 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 December 15, 1993, in Mortgage Book \Volume 1185, Page 689. 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. By Assignment of Mortgage recorded August 30, 1994, the mortgage was assigned to GE Capital Mortgage Services, Inc. which assignment is recorded in the Office of the Recorder of Deeds for Cumberland County in Assignment Book 480, Page 1132. The Assignment is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which Zucker, Goldberg & Ackerman, LLC XFP- 173569 062 -PA -V3 rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 6. By further Assignment of Mortgage recorded February 24, 2010, the mortgage was assigned to 1P Morgan Chase Bank, NA as Successor Trustee by Merger to the First National Bank of Chicago as Trustee for Home Equity Loan Pass - Through Certificates Series 1996 -HE1, which assignment is recorded in the Office of the Register of Deeds for Cumberland County, Instrument #201004662. 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. By further Assignment of Mortgage recorded on October 28, 2010, the mortgage was assigned to Wells Fargo Bank, NA, which Assignment is recorded in the Office of the Register of Deeds for Cumberland County, Instrument #201031029. 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. 8. Plaintiff is the current Mortgagee. By further Assignment of Mortgage recorded June 22, 2012, the mortgage was assigned to Wells Fargo Bank, NA, which Assignment is recorded in the Office of the Register of Deeds for Cumberland County, Instrument #201218723. 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. 9. The aforesaid Mortgage was amended and increased in principal amount of $57,657.87 pursuant to a certain Modification Agreement by and between Wells Fargo Bank, NA as subservicing agent for GE Capital Mortgage Services, Inc. and Defendant, Karl N. Albright, which is unrecorded at this time. The terms of said modification set forth the interest rate at 6.000% with a new monthly payment and interest amount of $402.15 commencing January 1, 2003 and continuing thereon with the due date of obligation January 1, 2024. 10. Said Mortgage was further modified on February 13, 2007, increasing the Principal Balance to $61,835.41 by a certain Modification Agreement made by and between Wells Fargo Bank, NA and Defendant, Karl N. Albright, the terms of which set forth the interest rate at 6.000% with a new monthly payment and interest amount of $488.40 commencing May 1, 2007 and continuing thereon with the due date of obligation January 1, 2024. Said modification is unrecorded at this time. Zucker, Goldberg & Ackerman, LLC XFP- 173569 062 -PA -V3 11. Said mortgage was further modified on July 31, 2008, increasing the Principal Balance to $61,982.10 by a certain Modification Agreement made by and between Wells Fargo Bank, NA and Defendant, Karl N. Albright, the terms of which set forth the interest rate at 6,000% with a new monthly payment and interest amount of $516.03 commencing October 1, 2008 and continuing thereon with the due date of obligation January 1, 2024. Said modification is unrecorded at this time. 12. Said mortgage was further modified on October 4, 2010, increasing the Principal Balance to $71,944.07 by a certain Modification Agreement made by and between Wells Fargo Bank, NA and Defendant, Karl N. Albright, the terms of which set forth the interest rate at 4.875% with a new monthly payment and interest amount of $380.73 commencing December 1, 2010 and continuing thereon with the due date of obligation November 1, 2040. Said modification is unrecorded at this time. True and correct copies of said Modification Agreements are collectively marked Exhibit C, attached hereto and made a part hereof. 13. Karl N. Albright is the record and real owner of the aforesaid mortgaged premises. 14. 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 June 1, 2012. 15. As of 03/12/2013 the amount due and owing Plaintiff by Defendants) is as follows: Principal $70,280.61 Interest through 03/12/2013 $ 2,958.36 Escrow Advance $ 489.51 Late Charges $ 72.90 Inspection Fees $ 45.00 Total $73,846.38 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 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. 16. 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 Zucker, Goldberg & Ackerman, LLC XFP- 173569 062 -PA -V3 Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s). 17. This action does not come under Act 91 of 1983 because the mortgage is FHA insured. 18. 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. WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $73,846.38 with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. ZUCKER, GOLD G BY: Dated: Scott A i , squir , PA .D. #55650 / Kimberly Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman Esquire; PA I.D. #202729 q , 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- 173569/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- 173569 062 -PA -V3 EXHIBIT A Zucker, Goldberg & Ackerman, LLC XFP- 173569 062 -PA -V3 u STATE OF PENNSYLVANIA FHA MULTI -STATE DECEMBER 10TH ,19 93 344 C : STREET', CARLISLE, PENNSYLVANIA 17013 (Property Address) 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means BANK UNITED OF TEXAS FSB, 3200 SOUTHWEST FREEWAY, #2000, HOUSTON, TEXAS 77027 and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of FIFTY NINE THOUSAND TWO HUNDRED SEVENTY SIX AND 00 /100 Dollars (U.S. S ***59,276.00 ), 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 i EIGHT AND 00000 /100000 percent ( * * * * B . 0 0 0 `Yes) 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." That 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 FEBRUARY 01, 1994 . Any principal and interest remaining on the first day of JANUARY , 2 0 2 4, will be due on that date, which is called the maturity date. (B) Place Payment shall be made at 3200 SOUTHWEST FREEWAY, #2000, HOUSTON, TEXAS 77027 or at such other 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 S ****434.95 FOUR HUNDRED THIRTY FOUR AND 95/100 . 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)ASwge to this note for payment adjumments If 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. (Check applicable box.) Growing Equity Allonge El Graduated Payment Allonge Other (specify) S. 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 fast day of any month. 6. BORROWER'S FAILURE TO PAY (A) LateCharge 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 AND 00 /100 percent ( * * * * 4 .0 0 0 %) of the overdue amount of each payment. sroti irEes 6432 (91M (page ! of 2 pages/ T o artier ON: 1 -MMaaSM 0 FAX 6161ui•i tai I 1 (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. 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 pages I and 2 of this Note. (SEAL) (SEAL) KARL ALBRIGHT So- grower (SEAL) (SEAL) Borrower Borrower (SEAL) (SEAL) Borrower Borrower WMM PAY'roM* =M 1F: _ PAY TO r GE CAPITAL MORTGAGE SERVICES, INC. -fur FM GE sw • oEC I& D. bUE rr6M 64M (0103) (page 2 of 2 pages) EXHIBIT B Zucker, Goldberg & Ackerman, LLC XFP- 173569 062 -PA -V3 r ALL THAT CERTAIN tract of land located in the Borough of'Car•lisle, Cumberland County, Pennsylvania, more particularly bounded•.irid described as follows: BEGINNING at a point, said point being located and ref @renced.316:: feet from the right of way inta:rsection of the western -r.,igiiti "'of way of College Street and the southern right of way of ' +C+' Street:; ;: along land now or formerly of Russell Baer, South 19 degrees:,54;`� minutes 05 seconds West, 150.00 feet to an iron pin; thence•along an unnamed alley (a 16.00 foot Row), North 70 degrees 05 minutee 55 seconds West, a distance of 17.00 feet to an iron pin; thence along Lot No. 36 -A, now or formerly of Beverly K. Cutshall, and through the party wall of an existing 2 1/2 story dwelling, North 19 degrees 54 minutes 05 seconds East (erroneously referred to as South 19 degrees i 54 minutes 05 seconds West in prior deed of record), 150.00 feet to an iron pin; thence along the southern right of way line of "C" Street (a 60.00 foot Row), South 70 degrees 05 minutes 55 seconds East, .a distance of 17.00 feet to an iron pin, the.place of BEGINNING. BEING Lot No. 36 on the final subdivision plan of Lila Phipps, recorded in the Office of Recorder of Deeds in Plan Book 60, Page 70. BEING THE SAME PREMISES which Lila O. Phipps, Widow, conveyed unto Jeffrey T. Lindsey and Kandace R. Lindsey, his wife, by deed dated April 8, 1991 and recorded April 8, 1991 in the Recorder's Office in and for Cumberland County, Pa. in Deed Book A, Volume 35, Page 8641. State of Pennsylvania 1 SS CnUnty of Cumberland f R vnnr - rl in the `vita for the recording of Deeds �l - f [? land Court Q �t V F w n oi, — Page l n �✓;: my hand I of office !� lisla), PA this da of !!! Recorder 90G1� � x.85 ?1,r[ 693 EXHIBIT C Zucker, Goldberg & Ackerman, LLC XFP- 173569 062 -PA -V3 Z Wells Fargo Home Mortgage "• �: MACX7801 -03K 3476 Statevfew Boulevard Fort Mill, SC 29715 MODIFICATION AGREEMFTT^' LOAN NUMBS' PROPERTY ADDRESS 344 C St Carlisle PA 17013 Borrower's Representations THIS LOAN MODIFICATION AGREEMENT made on October 04, 2010, by and between Karl N Albright (the " Borrower's)") and Wells Fargo Bank, N A (the "Lender ") amends and supplements that certain Note and Mortgage or Deed of Trust dated 12/10/1993. WHEREAS, Borrower has requested, and Lender has agreed, to modify the terms of the Note and Security Instrument as follows: 1. Borrower filed for relief under Chapter 07 of the United States Bankruptcy Code on 06/25/2004. 2. Borrower received a discharge pursuant to the United States Bankruptcy Code on 09/11/2006. 3. Prior to filing for relief under the United States Bankruptcy Code, Borrower agreed to pay for the Property over time, pursuant to the Note and Security Instrument between Lender and Borrower. Such agreement granted Lender a valid security interest and an enforceable lien on the Property. 4. Borrower, during the course of the bankruptcy case referenced above, never reaffirmed the debt from the Borrower to Lender. 5. Borrower desires to retain the Property, and acknowledges that Lender's security interest and lien are still valid and enforceable. 6. Borrower acknowledges and understands that he /she is not obligated to enter into this Agreement. 7. Borrower acknowledges that he /she is entering into this Agreement at Borrower's request, voluntarily and with no coercion or pressure from Lender, for the sole purpose of retaining the Property and that Borrower has no personal obligation to repay the debt secured by tjiq Property which was discharged in bankruptcy. A (AFTER READING THIS PARAGRAPH, BORROWER MUST INITIAL HERE.) 8. Borrower acknowledges that Lender retains certain rights, including but not limited to the right to foreclose its lien under the appropriate circumstances. 9. Borrower acknowledges that, absent this Agreement, Lender is entitled to enforce its security interest in the Property, and to foreclose and dispose of the Property in accordance with the Security Instrument and applicable state law. Lender's Representations 10. Lender acknowledges (1) that Borrower has received a discharge in bankruptcy, (2) that the debt from the Borrower to Lender has been discharged and (3) that Borrower has no personal obligation to pay the debt secured by the Property. 11. Lender, despite such discharge, retains a valid and enforceable security interest in and lien on the Property. 12. Absent this Agreement, Lender is entitled to pnforcq ts security interest in the Property. Wells vitun o �q U /J z yS��ivi3i'o'no tl✓ESl a �ga N. A. Wells Fargo Home Mortgage '' MAC X7801 -03K 0 ° '_ 3476 Stateview Boulevard yy i' Fort Mill, SC 29715 Page 2 - Modification Agreement 13. Borrower has requested that Lender allow him /her to retain the Property and Lender has agreed to such request, in exchange for Borrower's payment to Lender of the debt secured by the Property in the manner specified herein. THEREFORE, in consideration of the mutual representations and the other consideration expressed herein, Borrower and Lender jointly agree as follows: 1. Borrower desires to retain, and Lender agrees to allow Borrower to retain, the Property under the conditions in this Agreement. 2. Borrower and Lender agree that the consideration for this Agreement is Lender's forbearance from presently exercising its rights and pursuing its remedies under the Security Instrument as a result of the Borrower's default of its obligations thereunder. 3. Borrower and Lender acknowledge and agree that this Modification Agreement does not affect the discharge of the Borrower's personal liability on the debt. 4. Borrower acknowledges that the Lender has incurred, paid, or otherwise advanced taxes, insurance premiums, and other expenses necessary to protect or enforce its security interest in the Note and Security Instrument, and that such costs and expenses, together with accrued interest, in the total amount of $11,855.26 have been added to the indebtedness under the terms of the Note and Security Instrument, and that as of 12/01/2010, the amount, including the amounts which have been added to the indebtedness, payable under the Note and Security Instrument (the "Unpaid Principal Balance ") is U.S. $71,944.07. 5. Borrower shall pay the Modified Unpaid Principal Balance, plus interest, to the order of the Lender. Interest will be charged on the unpaid principal balance at the yearly rate of 4.875 %, beginning 11/01/2010. The Borrower shall make monthly payments of principal and interest of U:S. $380.73 (not including escrow deposit), beginning on 12/01/2010 and continuing thereafter on the same day of each succeeding month until Lender has received all principal and interest payable under the Note and Security Instrument. If on 11/01/2040 (the "Modified Maturity Date "), there ar still amounts due and owing under the Note and Security Instrument, as amended by this Modification, the Borrower will pay these amounts on the Modified Maturity Date. The Borrower will make such payments at Lender or at such other place as the Lender may require. 6. Notwithstanding any monthly payments hereunder, Borrower understands that (1) Lender's sole recourse is the enforcement of its security interest in the Property and any action which may exist in relation to the Property itself and that (2) nothing in this Agreement revives or purports to revive any debt, or create any personal liability or obligation for a debt, that was discharged in bankruptcy . _/ _ MUST INITIAL HERE. V*Ils Fargo Home Mortgage is 'a division of W9 Fargo Bank, N.A. Wells Fargo Home Mortgage �! MAC X7801 -03K 3476 Stateview Boulevard - �i.F+i6irA t .A' 4 l ' Fort Mill, SC 29715 Page 3 - Modification Agreement �- 7. Notwithstanding any other covenant, agreement or provision of the Note and Security Instrument, as defined in the Modification Agreement, the Borrower(s) agree as follows: If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate possession of the Property secured by the Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Modification Agreement. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must cure this default pursuant to the terms of the Security Instrument. If Borrower fails to cure the default prior to the expiration of this period, Lender may invoke any remedies permitted by the Security Instrument without further notice or demand on Borrower. Lender's rights and remedies extend only to the Property, and any action related to the Property itself and not to recovery of any amount owed to Lender under the Note which has been discharged in bankruptcy. 8. Borrower also will comply with all other covenants, agreements, and requirements of the Security Instrument, included without limitation, the Borrower's covenants and agreements to make all payments of taxes, insurance premiums, assessments, escrow items, impounds, and all other payments that are required by,the Security Instrument; however, the following terms and provisions are forever canceled, null and void, as of the effective date of this Modification Agreement: (a) All terms and provisions of the Note and Security Instrument (if any) providing for, implementing, or relating to, any change or adjustment in the rate of interest payable under the Note; and (b) All terms and provisions of any adjustable rate rider or other instrument or document that is affixed to, wholly or partially incorporated into, or is part of, the Note or Security Instrument and that contains any such terms and provisions as those referred to in (a) above. (c) All terms and provisions of the Note and Security Instrument that provide that Borrower is personally liable to pay the debt secured by the Property. 9. If Borrower fails to pay Lender the amount due and owing or to pay any monthly payment on the dates above, Borrower shall surrender the Property to Lender. If Borrower fails or refuses to surrender the Property to Lender, Lender may exercise any and all remedies to recover the Property as may be available to Lender p uu�� r QQ s su� uant to its security interest and lien and licab <e i'vls7on o(1N�Ifs�VtgenkN.A. Wells Fargo Home Mortgage MAC X7801 -03K 3476 Stateview Boulevard Fort Mill, SC 29715 Page 4 - Modification Agreement remedies may include the recovery of reasonable attorney's fees actually incurred, plus legal expenses and expenses for entering on the Property to make repairs in any foreclosure action filed to enforce the Lender lien. Lender's rights and remedies extend only to the Property, and any action related to the Property itself and not to recovery of any amount owed to Lender under the Note which has been discharged in bankruptcy. 10. This Agreement shall be construed pursuant to the laws of the state in which the property is located. 11. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO BE A WAIVER OF THE BORROWER'S DISCHARGE, AN ATTEMPT TO COLLECT AGAINST THE BORROWER PERSONALLY, OR AN ATTEMPT TO REVIVE PERSONAL LIABILITY. 12. Nothing in this agreement shall be understood or construed to be a satisfaction or release in whole or in part of the Security Instrument. Except as otherwise specifically provided in this Agreement, the Note and Security Instrument will remain unchanged and the Borrower and Lender will be bound by, and comply with, all of the terms and provisions thereof, as amended by this Agreement. CORRECTION AGREEMENT, The undersigned borrower(s), for and in consideration of the approval, closing and funding of this Modification, hereby grants Wells Fargo Bank, N A, as lender, limited power of attorney to correct and /or initial all typographical or clerical errors discovered in the Modification Agreement required to be signed. In the event this limited power' of attorney is exercised, the undersigned will be notified and receive a copy of the document executed or initialed on their behalf. This provision may not be used to modify the interest rate, modify the term, modify the outstanding principal balance or modify the undersigned's monthly principal and interest payments as modified by this agreement. Any of these specified changes must be executed directly by. the undersigned. This limited power of attorney shall automatically term'nate in 120 days from the closing date of the undersigned's Mod' i i (Borrower Initial) D" -a(1ty K rl N Al fight /Date Nedi B. Gulo law 1,6-13-1 r] VP of Loan Documentation* Wells Fargo Bank, N A, Officer Date BK176 /P3F /4 // t -ff-dlO Wells Fargo Home Mortgage is a division of Wells Fargo Bank, N.A. Borrower Counseling Service 4680 Hallmark Parkway San Bernardino, CA 92407 909 - 473 -6401 Fax MODIFICATION AGREEMENT LOAN NUMBEPO Borrower's F.- presentations I THIS LOAN MODIFICATION AGREEMENT made on September 12, 2002, by and between Karl N Albright (the "Borrower(s) ") and Wells Fargo Home Mortgage Inc. as subservicing agent for GE Capital Mortgage Services, Inc. (the "Lender ") amends and supplements that certain Note and Mortgage or Deed of Trust dated 12/10/1993. WHEREAS, Borrower has requested, and Lender has agreed, to modify the terms of the Note and Security Instrument as follows: 1. Borrower filed for relief under Chapter 07 of the United States Bankruptcy Code on 08/01/1996. 2. Borrower received a discharge pursuant to the United States Bankruptcy Code on 12/01/1996. 3. Prior to filing for relief under the United States Bankruptcy Code, Borrower agreed to pay for the Property over time, pursuant to the Note and Security Instrument between Lender and Borrower. Such agreement granted Lender a valid security interest and an enforceable lien on the Property. 4. Borrower, during the course of the bankruptcy case referenced above, never reaffirmed the debt from the Borrower to Lender. S. Borrower desires to retain the Property, and acknowledges that Lender's security interest and lien are still valid and enforceable. 6. Borrower acknowledges and understands that he /she is not obligated to enter into this Agreement. 7. Borrower acknowledges that he /she is entering into this Agreement at Borrower's request, voluntarily and with no coercion or pressure from Lender, for the sole purpose of retaining the Property and that Borrower has no personal obligation to repay the debt secured by t kroperty which was discharged in bankruptcy. t (AFTER READING THIS PARAGRAPH, BORROWER MUST INITIAL HERE.) 8. Borrower acknowledges that Lender retains certain rights, including but not limited to the right to foreclose its lien under the appropriate circumstances. 9. Borrower acknowledges that, absent this Agreement, Lender is entitled to enforce its security interest in the Property, and to foreclose and dispose of the Property in accordance with the Security Instrument and applicable state law. Lender's Representations 10. Lender acknowledges (1) that Borrower has received a discharge in bankruptcy, (2) that the debt from the Borrower to Lender has been discharged and (3) that Borrower has no personal obligation to pay the debt secured by the Property. 11. Lender, despite such discharge, retains a valid and enforceable security interest in and lien on the Property. 12. Absent this Agreement, Lender is entitled to enforce its security interest in the Property. 13. Borrower has requested that Lender allow him /her to retain the Property and Lender has agreed to such request, in exchange for Borrower's payment to Lender of the debt secured by the Property in the manner specified herein. BK175 /VC3 /1 Borrower Counseling Service 4680 Hallmark Parkway San Bernardino, CA 92407 909 -473 -6401 Fax Page 2 - Modification Agreement THEREFORE, in consideration of the mutual representations and the other consideration expressed herein, Borrower and Lender jointly agree as follows: 1. Borrower desires to retain, and Lender agrees to allow Borrower to retain, the Property under the conditions in this Agreement. 2. Borrower and Lender agree that the consideration for this Agreement is Lender's forbearance from presently exercising its rights and pursuing its remedies under the Security Instrument as a result of the Borrower's default of its obligations thereunder. 3. Borrower and Lender acknowledge and agree that this Modification Agreement does not affect the discharge of the Borrower's personal liability on the debt. 4. Borrower acknowledges that the Lender has incurred, paid, or otherwise advanced taxes, insurance premiums, and other expenses necessary to protect or enforce its security interest in the Note and Security Instrument, and that such costs and expenses, together with accrued interest, in the total amount of $4,486.86 have been added to the indebtedness under the terms of the Note and Security Instrument, and that as of 01/01/2003, the amount, including the amounts which have been added to the indebtedness, payable under the Note and Security Instrument (the "Unpaid Principal Balance ") is U.S. $57,657.87. 5. Borrower shall pay the Modified Unpaid Principal Balance, plus interest, to the order of the Lender. Interest will be charged on the unpaid principal balance at the yearly rate of 6.000 %, -/ beginning 12/01/2002. The Borrower shall make monthly payments of i principal and interest of U.S. $402.15 (not including escrow deposit), beginning on 01/01/2003 and continuing thereafter on the same day of each succeeding month until Lender has received all principal and interest payable under the Note and Security Instrument. If on 01/01/2024 (the "Modified Maturity Date "), there ar still amounts due and owing under the Note and Security Instrument, as amended by this Modification, the Borrower will pay these amounts on the Modified Maturity Date. The Borrower will make such payments at Lender or at such other place as the Lender may require. 6. Notwithstanding any monthly payments hereunder, Borrower understands that (1) Lender's sole recourse is the enforcement of its security interest in the Property and any action which may exist in relation to the Property itself and that (2) nothing in this Agreement revives or purports to revive any debt, or create any personal lia ity or obligation for a debt, that was discharged in bankruptcy. (BORROWER MUST INITIAL HERE.) BK175 /VC3 /2 r Borrower Counseling Service _ 4680 Hallmark Parkway San Bernardino, CA 92407 P 473-3,404 Wodification Agreement 7. Notwithstanding any other covenant, agreement or provision of the Note and Security Instrument, as defined in the Modification Agreement, the Borrower(s) agree as follows: If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate possession of the Property secured by the Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Modification Agreement. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must cure this default pursuant to the terms of the Security Instrument. If Borrower fails to cure the default prior to the expiration of this period, Lender may invoke any remedies permitted by the Security Instrument without further notice or demand on Borrower. Lender's rights and remedies extend only to the Property, and any action related to the Property itself and not to recovery of any amount owed to Lender under the Note which has been discharged in bankruptcy. 8. Borrower also will comply with all other covenants, agreements, and requirements of the Security Instrument, included without limitation, the Borrower's covenants and agreements to make all payments of taxes, insurance premiums, assessments, escrow items, impounds, and all other payments that are required by the Security Instrument; however, the following terms and provisions are forever canceled, null and void, as of the effective date of this Modification Agreement: (a) All terms and provisions of the Note and Security Instrument (if any) providing for, implementing, or relating to, any change or adjustment in the rate of interest payable under the Note; and (b) All terms and provisions of any adjustable rate rider or other instrument or document that is affixed to, wholly or partially incorporated into, or is part of, the Note or Security Instrument and that contains any such terms and provisions as those referred to in (a) above. (c) All terms and provisions of the Note and Security Instrument that provide that Borrower is personally liable to pay the debt secured by the Property. 9. If Borrower fails to pay Lender the amount due and owing or to pay any monthly payment on the dates above, Borrower shall surrender the Property to Lender. If Borrower fails or refuses to surrender \ the Property to Lender, Lender may exercise any and all remedies to recover the Property as may be available to Lender pursuant to its security interest and lien and applicable law. These BK176 /VC3 /3 Borrower Counseling Service 4680 Hallmark Parkway San Bernardino, CA 92407 909 - 473 -6401 Fax Page 4 - Modification Agreement remedies may include the recovery of reasonable attorney's fees actually incurred, plus legal expenses and expenses for entering on the Property to make repairs in any foreclosure action filed to enforce the Lender lien. Lender's rights and remedies extend only to the Property, and any action related to the Property itself and not to recovery of any amount owed to Lender under the Note which has been discharged in bankruptcy. 10. This Agreement shall be construed pursuant to the laws of the state in which the property is located. 11. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO BE A WAIVER OF THE BORROWER'S DISCHARGE, AN ATTEMPT TO COLLECT AGAINST THE BORROWER PERSONALLY, OR AN ATTEMPT TO REVIVE PERSONAL LIABILITY. 12. Nothing in this agreement shall be understood or construed to be a satisfaction or release in whole or in part of the Security Instrument. Except as otherwise specifically provided in this Agreement, the Note and Security Instrument will remain unchanged and the Borrower and Lender will be bound by, and comply with, all of the terms and provisions thereof, as amended by this Agreement. Karl N Al ight /Date Wells Fargo Home M rtgage Inc., Of icer Date BK176/VC3/4 Wells. Fargo Homo Mortgage MAC X7801 -03K 3476 Stateview Boulevard ` Fort Mill, SC 29715 MODIFICATION AGREEMENT �Pta fi LOAN NUMBE' Borrower's Representations THIS LOAN MODIFICATION AGREEMENT made on February 13, 2007, by and between Karl N Albright (the "Borrower(s) ") and Wells Fargo Bank, N A (the "Lender ") amends and supplements that certain Note and Mortgage or Deed of Trust dated 12/10/1993. WHEREAS, Borrower has requested, and Lender has agreed, to modify the terms of the Note and Security Instrument as follows: 1. Borrower filed for relief under Chapter 07 of the United States Bankruptcy Code on 06/25/2004. 2. Borrower received a discharge pursuant to the United States Bankruptcy Code on 09/11/2006. 3. Prior to filing for relief under the United States Bankruptcy Code, Borrower agreed to pay for the Property over time, pursuant to the Note and Security Instrument between Lender and Borrower. Such agreement granted Lender a valid security interest and an enforceable lien on the Property. 4. Borrower, during the course of the bankruptcy case referenced above never reaffirmed the debt from the Borrower to Lender. 5. Borrower desires to retain the Property, and acknowledges that Lender's security interest and lien are still valid and enforceable. 6. Borrower acknowledges and understands that he /she is not obligated to enter into this Agreement. 7. Borrower acknowledges that he /she is entering into this Agreement at Borrower's request, voluntarily and with no coercion or pressure from Lender, for the sole purpose of retaining the Property and that Borrower has no personal obligation to repay the debt secured by t e Property which was discharged in bankruptcy. (AFTER READING THIS PARAGRAPH, BORROWER MUST INITIAL HERE.) 8. Borrower acknowledges that Lender retains certain rights, including but not limited to the right to foreclose its lien under the appropriate circumstances. 9. Borrower acknowledges that, absent this Agreement, Lender is entitled to enforce its security interest in the Property, and to foreclose and dispose of the Property in accordance with the Security Instrument and applicable state law. Lender's Representations 10. Lender acknowledges (1) that Borrower has received a discharge in bankruptcy, (2) that the debt from the Borrower to Lender has been discharged and (3) that Borrower has no personal obligation to pay the debt secured by the Property. 11. Lender, despite such discharge, retains a valid and enforceable security interest in and lien on the Property. 12. Absent this Agreement, Lender is entitled to enforce its security interest in the Property. 13. Borrower has requested that Lender allow him /her to retain the Property and Lender has agreed to such request, in exchange for Borrower's payment to Lender of the debt secured by the Property in the manner specified herein. BK175/F9V/1 Wells Fargo Home Mortgage is a division of Wells Fargo Bank NA. Wells Fargo Hann Mortgage MAC X7801 -03K Y' 3476 Stateview Boulevard Fort Mill, SC 29715 Page 2 - Modification Agreement THEREFORE, in consideration of the mutual representations and the other consideration expressed herein, Borrower and Lender jointly agree as follows: 1. Borrower desires to retain, and Lender agrees to allow Borrower to retain, the Property under the conditions in this Agreement. 2. Borrower and Lender agree that the consideration-for this Agreement is Lender's forbearance from presently exercising its rights and pursuing its remedies under the Security Instrument as a result of the Borrower's default of its obligations thereunder. 3. Borrower and Lender acknowledge and agree that this Modification Agreement does not affect the discharge of the Borrower's personal liability on the debt. 4. Borrower acknowledges that the Lender has incurred, paid, or otherwise advanced taxes, insurance premiums, and other expenses necessary to protect or enforce its security interest in the Note and Security Instrument, and that such costs and expenses, together with accrued interest, in the total amount of $8,385.92 have been added to the indebtedness under the terms of the Note and Security Instrument, and that as of 05/01/2007, the amount, including the amounts which have been added to the indebtedness, payable under the Note and Security Instrument (the "Unpaid Principal Balance ") is U.S. $61,835.41. 5. Borrower shall pay the Modified Unpaid Principal Balance, plus interest, to the order of the Lender. Interest will be charged on the unpaid principal balance at the yearly rate of 6.000 %, beginning 04/01/2007. The Borrower shall make monthly payments of principal and interest of U.S. $488.40 (not including escrow deposit), beginning on 05/01/2007 and continuing thereafter on the same day of each succeeding month until Lender has received all principal and interest payable under the Note and Security Instrument. If on 01/01/2024 (the "Modified Maturity Date "), there ar still amounts due and owing under the Note and Security Instrument, as amended by this Modification, the Borrower will pay these amounts on the Modified Maturity Date. The Borrower will make such payments at Lender or at such other place as the Lender may require. 6. Notwithstanding any monthly payments hereunder, Borrower understands that (1) Lender's sole recourse is the enforcement of its security interest in the Property and any action which may exist in relation to the Property itself and that (2) nothing in this Agreement revives or purports to revive any debt, or create any personal liability or obligation for a debt, that was discharged in bankruptcy _(BORROWER MUST INITIAL HERE.) BK175 /F9V /2 Wells Fargo Home Mortgage Is a division of Wells Fargo Bank N.A. I , Wells Fargo Nome Mortgage MAC X7801 -03K 3476 Stateview Boulevard Fort Mill, SC 29715 P '`xca 73.on Agreement 7. Notwithstanding any other covenant, agreement or provision of the Note and Security Instrument, as defined in the Modification Agreement, the Borrower(s) agree as follows: If all or any part of the Property or any interest-in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate possession of the Property secured by the Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Modification Agreement. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must cure this default pursuant to the terms of the Security Instrument. If Borrower fails to cure the default prior to the expiration of this period, Lender may invoke any remedies permitted by the Security Instrument without further notice or demand on Borrower. Lender's ri hts and remedies extend only to the Propert and any acti to the Property itself and not to recovery of any amount owed to Lender under the Note which has been discharged in bankruptcy. 8. Borrower also will comply with all other covenants, agreements, and requirements of the Security Instrument, included without limitation, the Borrower's covenants and agreements to make all payments of taxes, insurance premiums, assessments, escrow items, impounds, and all other payments that are required by the Security Instrument; however, the following terms and provisions are forever canceled, null and void, as of the effective date of this Modification. Agreement: (a) All terms and provisions of the Note and Security Instrument (if any) providing for, implementing, or relating to, any change or adjustment in the rate of interest payable under the Note; and (b) All terms and provisions of any adjustable rate rider or other instrument or document that is affixed to, wholly or partially incorporated into, or is part of, the Note or Security Instrument and that contains any such terms and provisions as those referred to in (a) above. (c) All terms and provisions of the Note and Security Instrument that provide that Borrower is' personally liable to pay the debt secured by the Property. 9. If Borrower fails to pay Lender the amount due and owing or to pay any monthly payment on the dates above; Borrower shall surrender the Property to Lender. If Borrower fails or refuses to surrender the Property to Lender, Lender may exercise any and all remedies to recover the Property as may be available to Lender pursuant to its security interest and lien and applicable law. These BK176 /F9V /3 i Wells Fargo Home Mortgage Is a division of Wells Fargo Bank, NA. h Weis Fargo Horne Mortgage c•: j M�;� MAC X7801 -03K 3476 Stateview Boulevard Fort Mill, SC 29715 Page 4 - Modification Agreement remedies may include the recovery of reasonable attorney's fees actually incurred, plus legal expenses and expenses for entering on the Property to make repairs in any foreclosure action filed to enforce the Lender lien. Lender's rights and remedies extend only to the Property, and any action related to the Property itself and not to recovery of any amount owed to Lender under the Note which has been discharged in bankruptcy. 10. This Agreement shall be construed pursuant to the laws of the state in which the property is located. 11. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO BE A WAIVER OF THE BORROWER'S DISCHARGE, AN ATTEMPT TO COLLECT AGAINST THE BORROWER PERSONALLY, OR AN ATTEMPT TO REVIVE PERSONAL LIABILITY. 12. Nothing in this agreement shall be understood or construed to be a satisfaction or release in whole or in part of the Security Instrument. Except as otherwise specifically provided in this Ag reement, the Note and Security Instrument will remain unchanged and th Borrower an Lender will be bound by, and comply with, all of the terms and provisions thereof, as amended by this Agreement. of the terms and provisions thereof, as amended by this Agreement. CORRECTION AGREEMENT. The undersigned borrower(s), for and in consideration of the approval, closing and funding of this Modification, hereby grants Wells Fargo Bank, N A, as lender, limited power of attorney to correct and /or initial all typographical or clerical errors discovered in the Modification Agreement required to be signed. In the event this limited power of attorney is exercised, the undersigned will be notified and receive a copy of the document executed or initialed on their behalf. This provision may not be used to modify the interest rate, modify the term, modify the outstanding principal balance or modify the undersigned's monthly principal and interest payments as modified by this agreement. Any of these specified changes must be executed directly by the undersigned. This limited power of attorney shall automatically terminate in 120 a s from the closing date of the undersigned's Mo ' t' n. (Borrower Initial) 1;16 Karl N bright Date okl Cl ` Wells Fargo Bank, N A, Officer Date BK176 /F9V /4 Wells Fargo Home Mortgage is a division of Wells Fargo Bank, N.A. Wells Fargo Home Mortgage MAC X7801 -03K 3476 Statevlew Boulevard Fort Mill, SC 29715 MODIFICATION AGREEMENT LOAN NUMBED Borrower's ..�presentat — lions THIS LOAN MODIFICATION AGREEMENT made on July 31, 2008, by and between Karl N Albright (the " Borrower's)") and Wells Fargo Bank, N A (the "Lender ") amends and supplements that certain Note and Mortgage or Deed of Trust dated 12/10/1993. WHEREAS, Borrower has requested, and Lender has agreed, to modify the terms of the Note and Security Instrument as follows: 1. Borrower filed for relief under Chapter 07 of the United States Bankruptcy Code on 06/25/2004. 2. Borrower received a discharge pursuant to the United States Bankruptcy Code on 09/18/2004. 3. Prior to filing for relief under the United States Bankruptcy Code, Borrower agreed to pay for the Property over time, pursuant to the Note and Security Instrument between Lender and Borrower. Such agreement granted Lender a valid security interest and an enforceable lien on the Property. 4. Borrower, during the course of the bankruptcy case referenced above, never reaffirmed the debt from the Borrower to Lender. 5. Borrower desires to retain the Property, and acknowledges that Lender's security interest and lien are still valid and enforceable. 6. Borrower acknowledges and understands that he /she is not obligated to enter into this Agreement. 7. Borrower acknowledges that he /she is entering into this Agreement at Borrower's request, voluntarily and with no coercion or pressure from Lender, for the sole purpose of retaining the Property and that Borrower has no personal obligation to repay the debt secured by t Property which was discharged in bankruptcy. All' (AFTER READING THIS PARAGRAPH, BORROWER MUST INITIAL HERE.) 8. Borrower acknowledges that Lender retains certain rights, including but not limited to the right to foreclose its lien under the appropriate circumstances. 9. Borrower acknowledges that, absent this Agreement, Lender is entitled to enforce its security interest in the Property, and to foreclose and dispose of the Property in accordance with the Security Instrument and applicable state law. Lender's Representations 10. Lender acknowledges (1) that Borrower has received a discharge in bankruptcy, (2) that the debt from the Borrower to Lender has been discharged and (3) that Borrower has no personal obligation to pay the debt secured by the Property. 11. Lender, despite such discharge, retains a valid and enforceable security interest in and lien on the Property. 12. Absent this Agreement, Lender is entitled to enforce its security interest in the Property. 13. Borrower has requested that Lender allow him /her to retain the Property and Lender has agreed to such request, in exchange for Borrower's payment to Lender of the debt secured by the Property in the manner specified herein. Wells F4Wbl"PPrB]jFj01 is a division of Wells Fargo Bank, N.A. Wells Fargo Home Mortgage MAC X7801 -03K 3476 Stateview Boulevard Fort Mill, SC 29715 Page 2 - Modification Agreement �- T THEREFORE, in consideration of the mutual representations and the other consideration expressed herein, Borrower and Lender jointly agree as follows: 1. Borrower desires to retain, and Lender agrees to allow Borrower to retain, the Property under the conditions in this Agreement. 2. Borrower and Lender agree that the consideration for this Agreement is Lender's forbearance from presently exercising its rights and pursuing its remedies under the Security Instrument as a result of the Borrower's default of its obligations thereunder. 3. Borrower and Lender acknowledge and agree that this Modification Agreement does not affect the discharge of the Borrower's personal liability on the debt. 4. Borrower acknowledges that the Lender has incurred, paid, or otherwise advanced taxes, insurance premiums, and other expenses necessary to protect or enforce its security interest in the Note and Security Instrument, and that such costs and expenses, together with accrued interest, in the total amount of $2,436.81 have been added to the indebtedness under the terms of the Note and Security Instrument, and that as of 10/01/2008, the amount, including the amounts which have been added to the indebtedness, payable under the Note and Security Instrument (the "Unpaid Principal Balance ") is U.S. $61,982.10. 5. Borrower shall pay the Modified Unpaid Principal Balance, plus interest, to the order of the Lender. Interest will be charged on the unpaid principal balance at the yearly rate of 6.000W, beginning 09/01/2008. The Borrower shall make monthly payments of principal and interest of U.S. $516.03 (not including escrow deposit), beginning on 10/01/2008 and continuing thereafter on the same day of each succeeding month until Lender has received all principal and interest payable under the Note and Security Instrument. If on 01/01/2024 (the "Modified Maturity Date "), there ar still amounts due and owing under the Note and Security Instrument, as amended by this Modification, the Borrower will pay these amounts on the Modified Maturity Date. The Borrower will make such payments at Lender or at such other place as the Lender may require. 6. Notwithstanding any monthly payments hereunder, Borrower understands that (1) Lender's sole recourse is the enforcement of its security interest in the Property and any action which may exist in relation to the Property itself and that (2) nothing in this Agreement revives or purports to revive any debt, or create any personal 1i��ility or obligation for a debt, that was discharged in bankruptcy. �JY (BORROWER MUST INITIAL HERE,) BK175/P3F/2 Wells Fargo Home Mortgage is a division of Wells Fargo Bank, N.A. • Wells Fargo Home Mortgage MAC X7801 -03K 3476 Stateview Boulevard Fort Mill, SC 29715 Page 3 - Modification Agreement 7. Notwithstanding any other covenant, agreement or provision of the Note and Security Instrument, as defined in the Modification Agreement, the Borrower(s) agree as follows: If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate possession of the Property secured by the Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Modification Agreement. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must cure this default pursuant to the terms of the Security Instrument. If Borrower fails to cure the default prior to the expiration of this period, Lender may invoke any remedies permitted by the Security Instrument without further notice or demand on Borrower. Lender's rights and remedies extend only to the Property, and any action related to the Property itself and not to recovery of any amount owed to Lender under the Note which has been discharged ir1 bankruptcy. 8. Borrower also will comply with all other covenants, agreements, and requirements of the Security Instrument, included without limitation, the Borrower's covenants and agreements to make all payments of taxes, insurance premiums, assessments, escrow items, impounds, and all other payments that are required by the Security Instrument; however, the following terms and provisions are forever canceled, null and void, as of the effective date of this Modification Agreement: (a) All terms and provisions of the Note and Security Instrument (if any) providing for, implementing, or relating to, any change or adjustment in the rate of interest payable under the Note; and (b) All terms and provisions of any adjustable rate rider or other instrument or document that is affixed to, wholly or partially incorporated into, or is part of, the Note or Security Instrument and that contains any such terms and provisions as those referred to in (a) above. (c) All terms and provisions of the Note and Security Instrument that provide that Borrower is personally liable to pay the debt secured by the Property. 9. If Borrower fails to pay Lender the amount due and owing or to pay any monthly payment on the dates above, Borrower shall surrender the Property to Lender, If Borrower fails or refuses to surrender the Property to Lender, Lender may exercise any and all remedies to recover the Property as may be available to Lender pursuant to its security interest and lien and applicable law. These Wells M§ik 9664 61c3 d�afj� is a division of Wells Fargo Bank, N.A. N Wells Fargo Home Mortgage MAC X7801 -03K 3476 Stateview Boulevard Fort Mill, SC 29715 Page 4 - Modification Agreement GL _ .... remedies may include the recovery of reasonable attorney's fees actually incurred, plus legal expenses and expenses for entering on the Property to make repairs in any foreclosure action filed to enforce the Lender lien. Lender's rights and remedies extend only to the Property, and any action related to the Property itself and not to recovery of any amount owed to Lender under the Note which has been discharged in bankruptcy. 10. This Agreement shall be construed pursuant to the laws of the state in which the property is located. 11. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO BE A WAIVER OF THE BORROWER'S DISCHARGE, AN ATTEMPT TO COLLECT AGAINST THE BORROWER PERSONALLY, OR AN ATTEMPT TO REVIVE PERSONAL LIABILITY. 12. Nothing in this agreement shall be understood or construed to be a satisfaction or release in whole or in part of the Security Instrument. Except as otherwise specifically provided in this Agreement, the Note and Security Instrument will remain unchanged and the Borrower and Lender will be bound by, and comply with, all of the terms and provisions thereof, as amended by this Agreement. of the terms and provisions thereof, as amended by this Agreement. CORRECTION AGREEMENT. The undersigned borrower(s), for and in consideration of the approval, closing and funding of this Modification, hereby grants Wells Fargo Bank, N A, as lender, limited power of attorney to correct and /or initial all typographical or clerical errors discovered in the Modification Agreement required to be signed. In the event this limited power of attorney is exercised, the undersigned will be notified and receive a copy of the document executed or initialed on their behalf. This provision may not be used to modify the interest rate, modify the term, modify the outstanding principal balance or modify the undersigned's monthly principal and interest payments as modified by this agreement. Any of these specified changes must be executed directly by the undersigned. This limited power of attorney shall automatically terminate in 120,days from the closing date of the undersigned's Mo dification. AW (Borrower Initial) )(I � jl--- 1-1-01 Karl 14 right /Date S og Wells Fa o Bank, N A, Officer Date BK176/P3F/4 Wells Fargo Home Mortgage is a division of Wells Fargo Bank, N.A, VERIFICATION Leola McCray, hereby states that heQis Vice President Loan Documentation, of WELLS FARGO BANK, N.A., plaintiff in this matter, that he/ he 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 hisA&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: Leola McCray Title: Vice President Loan Documentation Company: Wells Fargo Bank, N.A. Date: 03/27/2013 File #173569 086 -PA -V2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIPV -' a , Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, VS. / Karl N. Albright; C: Defendant. `' C-71 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. Zucker, Goldberg & Ackerman, LLC XFP- 173569 , 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 & K MAN, LL By: Dated: Marc 2013 Scott A. Diette�< 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- 173569/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- 173569 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? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # 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- 173569 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: 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): Fax: Email: Zucker, Goldberg & Ackerman, LLC XFP- 173569 Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: I /We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /We understand that I /we am /are under no obligation to use the services provided by the above named Borrower Signature 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- 173569 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, NO.. VS. Karl N. Albright; Defendant. 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- 173569 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, NO.. VS. Karl N. Albright; Defendant. 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- 173569 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- 173569 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff E D-f,' Jody S Smith " �t ua�b � t- � T r i . Chief Deputy , � 2313 APP I I AM 9: 25 Richard W Stewart `# Solicitor OFFICE OF THE k6RIFF CUMBERLAND CDUN i"`I' PENNSYLVANIA Wells Fargo Bank, N.A. vs. Case plumber Karl N.Albright 2013-1682 SHERIFF'S RETURN OF SERVICE 04/0512013 06:45 PM-Deputy Jason Kinsler, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendant,to wit: Karl N. Albright at 344 C Street, Carlisle Borough, Carlisle, PA 17013. JASON KINSLER, DEPUTY SHERIFF COST: $34.00 SO ANSWERS, April 08, 2013 —R—ON- R ANDERSON, SHERIFF {c;CauntySuiie Sheriff,Teleosoft..Inc. ~ . ' UN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ' Wells Fargo Bank, N.A.,� �_` � CIVIL DIVISION Plaintiff, ' o xc NO.' 13~1682' C= ' ' -_ r� KadN./Ubr�-h� ' �� -�� ' ' ~� ' 'F� Defendant C�cz ca` ' REQUEST FOR CONCILIATION CONFERENCE + Pursuant to the Administrative Order dated February 28,2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned herebvcerti�es | as follows: ' 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; l. Defendant lives in the subject real property,which iu defendant's primary residence; 2. Defendant has been served with a "Notice ofResidential Mortgage Foreclosure Diversion Program" and has taken all of the steps required in that Notice tobe eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. | understand that false statements are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsific n Ito authorities. -_g-. - senta iv Signature of Defend t Date Signature of Defendant Date ^ Zucker Goldberg&Ackerman,iL[ f WELLS FARGO BANK,N.A., IN THE COURT OF COMMON PLEAS OF CD Plaintiff CUMBERLAND COUNTY, PENNSYLVA G VS. CIVIL ACTION =M -V,r can � . NO. 13-1682 CIVIL -<3> ' KARL N. ALBRIGHT, � Defendant c, r � . CASE MANAGEMENT ORDER AND NOW,this 13 ' day of May, 2013, the parties having agreed to 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 gkiu "it a 0 m. in Chambers No. 4 at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least.twenty-one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Toreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendantiborrower. 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. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution; and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment.and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, /� Kevi . Hess, P.J. ✓Jaime Ackerman, Esquire 200 Sheffield Street, Suite 101 Mountainside,NJ 07092 For the Plaintiff /Bruce Warshawsky, Esquire 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 For the Defendant Am c4n.Es otLL WELLS FARGO BANK,N.A, • IN THE COURT OF COMMON PLEAS • . CUMBERLAND COUNTY, Plaintiff • PENNSYLVANIA • 13-168A v. • NO: -i-31-62-8 • KARL N. ALBRIGHT, • CIVIL ACTION ? Defendant : -.< ? .,',.1 T-:rte', PRAECIPE ---4 - TO THE PROTHONOTARY: Please kindly file the attached "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet(Form 2)" which has been completed by the Defendant, Karl N. Albright, this date. CUNN C4 , -E' 0 IC I FF, P.C. Date: June 2013 By: Ailli .II Id° B Ve J. Warshaws , Es. ire Supreme Court I.I. • (799 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Attorney for Defendant CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Assistant for the law office of Cunningham& Chernicoff, P.C., do hereby certify that a true and correct copy of the attached Praecipe was sent first class U.S. Mail, First Class Mail, postage prepaid on this date, to the following: Scott A. Dietterick, Esquire Court Administration James Smith Dietterick& Connelly, LLP County of Cumberland P.O. Box 650 One Courthouse Square Hershey, PA 17033 Carlisle, PA 17013 Janene Rimolo, Esquire Zucker, Goldberg & Ackerman, LLC 2008 Sheffield Street Suite 101 Mountainside,NJ 07092 CUNNINGHAM& CHERNICOFF, P.C. ail(inAtito Date: June 1 2013 B . ( , / IJulieanne Ametrano 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17110 Telephone: (717)238-6570 F:\Home\BJW\DOCS\ALBRIGHT.KARL.CHRISTINE\Praecipe to Attached Form 2.wpd EXHIBIT `A' Cumberland County Residential Mortgage Foreclosure Diversion Program Ji /(3 Financial Worksheet Date: �"Q Cumberland aunty Court of Common Pleas Docket# 13j 1(P v 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: CUSTOMER/PRIMARY APPLICANT Borrower name(s): ,.k cur t N. S it iL Property Address: C City: i* State: 17,1 Zip: 11013 Is the property for sale? Yes ❑ No ] Listing date: Price:$ Realtor Name: Realtor Phone: Borrower Occupied? Yes 0 No ❑ Mailing Address(if different): 0I a- City: State: Zip: Phone Numbers: Home: Office: Cell: 117 .' u- ivg40 Other: Email: al lo rl/ht> atryn6 L - n h(Lt'ras I. con #of people in household: ..5 How long? 161 CO-BORROWER , Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? FINANCIAL INFORMATION n First Mortgage Lender: , to I'ct'Oi0 Type of Loan: ERA J Loan Number: 0 h 114 p 52*50 Date you closed your loan: 1 Z 110 143 Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ 6j9'`(./lCo ' Included Taxes& Insurance: Date of Last Payment: (Q 120 I Z Primary Reason for Default: L co S5 D S Is the loan in Bankruptcy? Yes ❑ No Vi If yes,provide names, location of court, case number&attorney: raw Cb18berg&Acitrr a; . Assets Amount Owed: Value: Home: $ -70 ZOO, co t $ IOC/000 Other Real Estate: Retirement Funds: $ $ Investments: Checking: $ $ 1 27. c°o Savings: $ $ ' 0 — Other: $ $ Automobile#1: Model: Year: Amount owed: Value: Automobile#2: Model: Year: Amount owed: Value: Monthly Income &IDS S -� Name of mployers: 1. tt,,(�s/eSen,‘c.jt_ 4 O'-L(Dq 2. L.0 Menus\ _ EeihctuI Q%910.(to 32. wic 3. Additional Income Description(not wages): 1. Monthly amount: 2. Monthly amount: Borrower Pay Days: � .e.k Co-Borrower Pay Days: a, klc.4tic Monthly Expenses: (Please only include expenses you are currently paying) J. 4 EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2nd Mortgage Utilities Car Payment(s) gc9. 00 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 1p No ❑ If yes,please provide the following information: Counseling Agen S, Counselor: k \a Vlt kt Phone(Office): ;.-stk ‘cl a9 Fax: -1 l'1.rjcko . q(,-10 Email: SIMt rkua.rta_cce . (� Zucker,Goldberg&Ackerman,LLC XFP-173569 Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP)assistance? F}mil W\45 Yes 0 NotO 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 k1 , ( (V k( r 1`\t ,authorize the above named to use/refer this in ormation 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 amed it ,o,}-1(3 ialisaiiipf- ctimiiimaimia l Please forward this document along with the following information to lender and lender's counsel: ✓ Proof of Income ✓ Past 2 bank statements ✓ Proof of any expected income for the last 45 days ✓ Copy of current utility bill ✓ Letter explaining reason for delinquency and any supporting documentation(hardship letter) ✓ Listing agreement(if property is currently on the market) Budget Details Case number: 18745 Client: Albright,Karl Address: 344 C Street Carlisle,PA 17013 Budget Name: CCCS of W.PA Budget Summary Monthly Total income 5,073.94 Total expenses 5,828.00 Surplus/Shortfall -754.06 Incomes Type Description Monthly Base Salary 3,226.62 Base Salary 1,847.32 Total: 5,073.94 Expenses Type Description Monthly Housing/Mortgage payment ✓ Wells Fargo:0011405230 587.46 Housing/Home maintenance '/ 50.00 Housing/Utilities-Electric 1;2156' Q" I 1 S 0 0 Housing/Utilities-Natural gas V 180.00 Housing/Utilities-Water and sewer 60.00 Housing/Utilities-Garbage ✓ 16.00 Food/Groceries a/ 6 5rtl 00 Food/Eating out/Delivery includes lunches 350.00 Auto/Transportation/Gas and oil / 400.15 00 c00- 00 Auto/Transportation/Auto insurance 90.00 Auto/Transportation/Car maintenance 8,341ti 30.0 0 Health care/Doctors'visits .4/ 38.00 Health care/Pharmacy ✓ 150.00 Health careNision ✓ 17.00 Telephone/Telecom/Cell phone ✓ 3.za.66 c 0 0 C Telephone/Telecom/Intemet/ISP ✓ 125.00 Personal care/Clothing ✓ 100.00 Personal care/Cosmetics Personal care/Haircuts/Barber 55.00 Entertainment/Books/Music 10.00 Entertainment/Cable ✓ 125.00 Entertainment/Hobbies / Games 15.00 Entertainment/Movies / 9.00 Children/Lunch(school) ✓ 50.00 Pets v Overall Care 70.00 Liabilities/Credit cards/Installment loan payments ./ Brenner Car:4124184001 412.00 Date:04/25/2013 Page:1 Budget Details Case number: 18745 Type Description Monthly cards/Installment loan payments ' Hyundai Finance:27871 445.00 Entertainment/Holidays/Events Gifts 125.00 Liabilities/Credit cards/Installment loan payments CBE Group 613.00 Liabilities/Credit cards/Open 30 day charge account Payday loan-Cashcall / 294.00 Liabilities/Credit cards/Open 30 day charge account Payday 276.25 Liabilities/Credit cards/Open 30 day charge account Payday loan 7 192.29 Total: 50 9i3O'00 Date:04/25/2013 Page:2 WELLS FARGO BANK,N.A., IN THE COURT OF COMMON PLEAS OF c ; Plaintiff CUMBERLAND COUNTY, PENNSYLVA-o3 rnrn C= VS. CIVIL ACTION rte— N -73 -<> Ca _ C7 NO. 13-1682 CIVIL <° KARL N. ALBRIGHT, _ < Defendant T' N) IN RE: CONCILIATION CONFERENCE Present at a conciliation conference held June 28, 2013, were Bruce Warshawsky, Esquire, attorney for the defendant, and Karl N. Albright,the homeowner. Ralph Salvia, Esquire,participated by telephone. Mr. Salvia is checking to see whether the packet, submitted to the bank for its review, is complete. He will notify Mr. Warshawsky with respect to any outstanding documents within ten (10) days. A continued conciliation conference will be set by order of even date herewith subject, however, to the right of counsel to submit stipulated orders to either cancel or continue the conference. ORDER AND NOW, this Z 9' day of June, 2013, a continued conciliation conference is set for Friday, August 23, 2013, at 11:00 a.m. in Chambers of the undersigned. BY THE COURT, �j V R h Salvia Esquire Kevi Hess, P. J. 'Bruce Plaintiff ur the Plainti ✓ Bruce Warshawsky, Esquire For the Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK,N.A. 3476 STATEVIEW BOULEVARD Court of Common Pleas FORT MILL, SC 29715 Civil Division Plaintiff Vs Term DAVID S. CHUBB No. 2013-1840-Civil 223 WOOLEY HOLLOW COURT UNIT 109, A/K/A 223 WOOLEY HOLLOW COURT Cumberland County MECHANICSBURG, PA 17055-6071 Defendant ORDER AND NOW,this Z day of , 2013, upon consideration of Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. BY THE COURT: J. c J. `�Cl`zLk, rn m C=rri co C) > co � 318553 Y ' CC : David S. Chubb Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 DAVID S. CHUBB 223 WOOLEY HOLLOW COURT UNIT 109, A/K/A 223 WOOLEY HOLLOW COURT MECHANICSBURG, PA 17055-6071 +. . 318553 WELLS FARGO BANK,N.A., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVA VS. CIVIL ACTION NO. 13-1682 CIVIL KARL N. ALBRIGHT, Defendant IN RE: CONCILIATION CONFERENCE Present at a conciliation conference held August 23, 2013, were Ralph Salvia, Esquire, attorney for the plaintiff; Bruce Warshawsky, Esquire, attorney for the defendant; and Karl N. Albright,the homeowner. It appears that there continue to be certain documents which the bank claims that it requires for proper review of this matter. Mr. Warshawsky indicates that he will respond promptly to these requests. A continued conciliation conference will be set by order of even date herewith subject, however,to the right of counsel to submit stipulated orders to either cancel or continue the conference. ORDER AND NOW,this 2.'-' day of August, 2013, a continued conciliation conference is set for Friday, October 11, 2013, at 9:30 a.m. in Chambers of the undersigned. BY THE COURT, Kevi A. Hess, P. J. Ralph Salvia,Esquire rn �Bruce e Plaintiff Warshawsky, Esquire r—X CO c+ For the Defendant *C" �O '� C { WELLS FARGO BANK,N.A., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVA vs. : CIVIL ACTION : NO. 13-1682 CIVIL KARL N. ALBRIGHT, Defendant • IN RE: CONCILIATION CONFERENCE Present at a conciliation conference held August 23, 2013, were Ralph Salvia, Esquire, attorney for the plaintiff, and Bruce Warshawsky, Esquire, attorney for the defendant. This matter is currently under review for a loan modification. Counsel are in agreement that the matter be continued generally and relisted at the request of either party. ORDER AND NOW, this It ' day of October, 2013, conciliation conference in this matter is continued generally without prejudice to either party to request a continued conciliation conference. BY THE COURT, Kevin - . Hess, P. J. Ralph Salvia, Esquire For the Plaintiff ce Warshawsky, Esquire For the Defendant - <` O /l f2 n�Y . /12