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Home My WebLink About13-2397 Supreme Court of Pennsylvania Courf,W Com><fion Pleas Civil :Coven Sheet For Prothonotary Use Only: CUMBERLAND County Docket No The information collected on this, form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules df court. Commencement of Action: S ® Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E Lead Plaintiff's Name: Wells Fargo Bank, NA successor by merger Lead Defendant's Name: Robert A. Nester, Jr. C to Wells Fargo Home Mortgage, Inc. successor by merger to Norwest Mortgage, Inc. T Dollar Amount Requested: within arbitration limits Are money damages requested.: E] Yes ®No I (Check one) X outside arbitration limits O 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, check 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 ❑ S mass tort) Employment Dispute: E ❑ Slander/Libel/Defamation Discrimination ❑ Other: ❑ Employment Dispute: Other C El Zoning Board T ❑ Other: I MASS TORT ❑ Other: O El Asbestos ❑ Tobacco N ❑ Toxic Tort- DES ❑ Toxic Tort- Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Common Law/Statutory Arbitration ❑ Other: ❑Ejectment D' ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus B ❑ Landlord/Tenant Dispute ❑ 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- 176877 062 -PA -V3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, NA SUCCESSOR BY CIVIL DIVISION C�j MERGER TO WELLS FARGO HOME MORTGAGE, INC. SUCCESSOR BY MERGER TO NORWEST NO.: C MORTGAGE, INC., = . —;�� . TYPE OF PLEADING c :3 1> r� Plaintiff, C CDC vs. CIVIL ACTION - COMPLAINT T>= IN MORTGAGE FORECLOSURE ,� 70 Robert A. Nester, Jr.; Bonnie L. Nester; FILED ON BEHALF OF: Defendants. Wells Fargo Bank NA successor by merger to Wells Fargo Home Mortgage, Inc. successor TO: DEFENDANTS by merger to Norwest Mortgage, Inc. YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAYBE COUNSEL OF RECORD FOR THIS PARTY: ENTERED AGAINST YOU. I HEREBY CERTIFY THAT THE ADDRESS ZUCKER GOLDBERG & ACKERMAN, LLC OF THE PLAINTIFF IS: 3476 Stateview Blvd. Scott A. DietteriCk Esquire Ft. Mill, SC 29715 Pa. I.D. #55650 AND THE DEFENDANT: Kimberly A. Bonner, Esquire P.O. Box 337 Pa. I.D. #89705 New Kingstown, PA 17072 Joel A. Ackerman, Esquire Pa I.D. #202729 Ashleigh Levy Marin, Esquire CERTIFICATE OF LOCATION Pa I.D. #306799 1 HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS Ralph M. Salvia, Esquire 290 Locust Point Road w Ki —town PA 1707 Pa I.D. #202946 Munici alit : Silver S ins Jaime R. Ackerman, Esquire -/ Pa I.D. #311032 ATTORNEY F NTIF 200 Sheffield Street, Suite 101 ATTY FIL NO.: XFP 176877 Mountainside, NJ 07092 (908) 233 -8500 (908) 233 -1390 FAX office (a zuckergoldberg.com File No.: XFP- 176877/mme etc 9 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA successor by merger to Wells CIVIL DIVISION Fargo Home Mortgage, Inc. successor by merger to Norwest Mortgage, Inc. NO.: Plaintiff, VS. Robert A. Nester, Jr.; Bonnie L. Nester; Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND LAWYER REFERRAL Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990 -9108 Phone (800) 990 -9108 (717) 249 -3166 (717) 249 -3166 • 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA successor by merger to Wells CIVIL DIVISION Fargo Home Mortgage, Inc. successor by merger to Norwest Mortgage, Inc. NO.: Plaintiff, VS. Robert A. Nester, Jr.; Bonnie L. Nester; Defendants. AVISO USTED HA SIDO DEMANDADO /A EN CORTE. Si usted desea defenderse de la demanda establecida en las siguientes paginas, debe tomar accion dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso respondiendo personalmente o por medio de un abogado una comparecencia esc rita y radicando en la Corte por escrito sus defensas-y objeciones a las demandas establecidas en su contra. Se le advierte de que si usted falla en tomar accion 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. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED 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, NA successor by merger to Wells CIVIL DIVISION Fargo Home Mortgage, Inc. successor by merger to Norwest Mortgage, Inc. NO.: Plaintiff, VS. Robert A. Nester, Jr.; Bonnie L. Nester; Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Wells Fargo Bank, NA successor by merger to Wells Fargo Home Mortgage, Inc. successor by merger to Norwest Mortgage, Inc., by its attorneys, Zucker, Goldberg & Ackerman, LLC, and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Wells Fargo Bank, NA successor by merger to Wells Fargo Home Mortgage, Inc. successor by merger to Norwest Mortgage, Inc., (hereinafter "plaintiff ") with its place of business located at 3476 Stateview Blvd., Ft. Mill, SC 29715. 2. The Defendant, Robert A. Nester, Jr., is an individual whose last known address is P.O. Box 337, New Kingstown, PA 17072. 3. The Defendant, Bonnie L. Nester, is an individual whose last known address is P.O. Box 337, New Kingstown, PA 17072. 4. Wells Fargo Bank, NA successor by merger to Wells Fargo Home Mortgage, Inc. successor by merger to Norwest Mortgage, Inc., directly or through an agent, has possession of the Promissory Note. Wells Fargo Bank, NA successor by merger to Wells Fargo Home Mortgage, Inc. successor by merger to Norwest Mortgage, Inc. is either the original payee of the Promissory Note or the Promissory Note has been duly indorsed. A true and correct copy of said Promissory Note is marked Exhibit A, attached hereto and made a part hereof. 5. On or about August 31, 1998, Robert A. Nester, Jr. and Bonnie L. Nester, husband and wife made, executed and delivered to Equity One, Incorporated, A Pennsylvania Corporation a Mortgage in the original principal amount of $72,853.00 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 September 1, 1998, in Zucker, Goldberg & Ackerman, LLC XFP- 176877 062 -PA -V3 } Mortgage Book \Volume 1479, Page 1135. The mortgage is a . matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(8), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 6. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded September 1, 1998, the mortgage was assigned to Norwest Mortgage, Inc. which assignment is recorded in the Office of the Recorder of Deeds for Cumberland County in Assignment Book 587, Page 335. 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. Robert A. Nester, Jr. and Bonnie L. Nester, his wife are record and real owners of the aforesaid mortgaged premises. 8. Defendants are in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the monthly installments of principal and interest due October 1, 2012. 9. As of 04/12/2013 the amount due and owing Plaintiff by Defendant(s) is as follows: Principal $58,293.19 Interest through 04/12/2013 $ 2,592.70 Escrow Advance $ 21.74 Suspense Balance ($ 3,269.56) Late Charges $ 445.61 Inspection Fees $ 205.15 Total $ 58,288.83 plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania Law, actually and reasonably incurred by Plaintiff, including but not limited to, costs (including escrow advances) and Plaintiff's attorneys' fees and expenses. Plaintiff reserves the right to file a motion in the above - captioned action to add such additional sums authorized under the Mortgage and Pennsylvania Law to the above amount due and owing when incurred. 10. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and /or Zucker, Goldberg & Ackerman, LLC XFP- 176877 062 -PA -V3 Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s). 11. This action does not come under Act 91 of 1983 because the mortgage is FHA insured. 12. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability in a bankruptcy proceeding, this action is in no way an attempt to re- establish such liability. WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $ 58,288.83 with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. ZUCKER, GOL RG ERM BY: Dated: r7 Scott . Dietterick, Esquire; PA I.D. #55650 f Kimb rly 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- 176877/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 USE FOR THAT PURPOSE. Zucker, Goldberg & Ackerman, LLC XFP- 176877 062 -PA -V3 EXHIBIT A Zucker, Goldberg & Ackerman, LLC XFP- 176877 062 -PA -V3 A ORIGINAL FHA Caw N- LOAN *" _ AUGUST 31, 1998 l NOTE MULTISTATE i 290 LOCUST POINT ROAD, SILVER SPRING TOWNSHIP (NEW KINGSTOWN), PENNSYLVANIA 17072 IHq,air Aaam"I I. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means EQUITY ONE, INCORPORATED, A PENNSYLVANIA CORPORATION and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay (he principal sum of SEVENTY -TWO THOUSAND EIGHT HUNDRED FIFTY - THREE AND N01100 Dollars (U.S. $ 72 853 . 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 a rate of SEVEN AND ONE/FOURTH - - - - - percent ( 7 .250 %) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." 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 OCTOBER 1, 1998 . Any principal and interest remaining on the first day of SEPTEMBER, 2028 will be due on that date, which is called the "Maturity Date." (B) Place Payment shall be made at 523 FELLOWSHIP ROAD, SUITE 220, MT. LAUREL, NJ 08054 or at such other place as Lender may designate in writing by notice to Borrower. (G) Amount Each monthly payment of principal and interest will be in the amount of $ 496.99 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) A 1onge to this Note for payment adjustments 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) ❑ Graduated Payment Allonge ❑ Growing'Bquity Allonge ❑ Other [specify] 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without change or penalty, on the firs t duy of any month. 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of FOUR percent ( 4 . 0 0 %) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued Interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (G) Payment of Costs and Bxpenses If Lender has required 'urunediate payment in full, as described above, Lender may require Borrower to pay costs anti 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. ICFEQY125l7 -2.93 P,v 102 PIA MAW" P NIe -2Nr rauaa: . -,- . 8. O VINO 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 ut the Properly 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 u different address if Borrower is given a notice of that different address. 9. OBLIOATIONS 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 guutantor, 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. i BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. / (Seal) R ' ` y/ tl/(� (Seal) ROBERT A. NEST , JR. Borrower BONNIE L. NESTER Borrower (Seal) (Seul) Borrower Borrower (Seel) (mil) Borrower Borrower WITHOUT RECOURSE PAY TO THE ORDER OF: NORWET MORTGAGE, INC. EQUIt ONE, INCORPORATED TH�OMAS J. FVrZPATRICK, PRESIDENT WITHOUT RECOURSE PAY TO THE ORDER OF NORWEST MORTGAGE, INC. B 44ixirt a- Doanna Martin Managor 101;.E0Y11,11.4.95 PMp Z e! a mU M,lustwe Fwd tt,le Nae -2j91 . s EXHIBIT B Zucker, Goldberg & Ackerman, LLC XFP- 176877 062 -PA -V3 first Amerioen Title Inaurance Company SCHED= C PROPERTY DESCRIPTION The lend referred to in thin Commitment is described an followae ALL THAT CERTAIN louse and lot of ground situate in the Village of Now Kingstown, in silver Spring township, Cumberland County, Pennsylvania, bounded and daeori4e4.an follows, ON TH9 North by lend now or formerly of Homer C. SishoPI on the Sant by land now or formerly of O.H. Bunchy and wife) on the South by lend fonnerly of C.W, Sunday and Wife, later of Charles Elaosing, and bow or formerly of Charles Eekertj and on the Want the public road leading from the Holly pitolter Highway to NOW Kingstown Station known as Locust Point Road, L.R, 21012. CONTAINTNO fifty (LO) feet in front along enid Locust Point Road and extending oastwardly therefrom along said land now or formerly of Homer C. Bishop a distance of one hundred fifty (1507 feet] and having thereon erected a one and one -half story frame dwelling house-and one car frame garage, known an and numbered 290 Woost Point Road (formerly known as 11 Locust Point! Road) . SHINO the Flame promisee which Kenneth A. Reaoist and Line S. Sanoiat, his wife, by Used dutcd August 13, 1990 and recorded August 13, 1990 in the Office of the Recorder of Deeds in and for Cumberland County. Pennsylvania, in Record Hook 8 -14, page 606, granted and. conveyed unto Darryl C. Sprague and Rath A. Sprague, hie wife. :r�CJLbip�y "k! G0 Yx , - ,( .4 r,l l a; c ALTA CoeNtaeet sonarM74 urU40 VP • VERIFICATION Darren Britt , hereby states that(ie she is Vice President Loan Documentation of WELLS FARGO BANK, N.A., Plaintiff in this matter, thatoshe 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 ofaher 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. ui E Name: Darren Britt Title: Vice President Loan Documentation Company: Wells Fargo Bank, N.A. Date: 04/19/2013 086 -PA -V2 File 4 176877 t � IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA successor by merger to Wells CIVIL DIVISION Fargo Home Mortgage, Inc. successor by merger to Norwest Mortgage, Inc. NO.: w Plaintiff, �-r s _4 Robert A. Nester, Jr.; Bonnie L. Nester; z W. c:> 4 Defendants. c a CD t 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 forwa rd. Zucker, Goldberg & Ackerman, LLC XFP- 176877 s 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 & R , LLC By: f Dated: April , 2013 Scott A. Diett 461 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- 176877/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- 176877 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: CUSTOMER/PRI 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'? CO-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date you closed your loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Zucker, Goldberg & Ackerman, LLC XFP- 176877 z 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 nd 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- 176877 Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION I /We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /We understand that I /we am /are under no obligation to use the services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: V Proof of Income V Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of current utility bill V Letter explaining reason for delinquency and any supporting documentation (hardship letter) V Listing agreement (if property is currently on the market) Zucker, Goldberg & Ackerman, LLC XFP- 176877 `i S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA successor by merger to Wells CIVIL DIVISION Fargo Home Mortgage, Inc. successor by merger to Norwest Mortgage, Inc. NO.: Plaintiff, vs. Robert A. Nester, Jr.; Bonnie L. Nester; Defendants. REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated February 28, 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 1. Defendant lives in the subject real property, which is defendant's primary residence; 2. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program" and has taken all of the steps required in that Notice to be eligible to participate in a court - supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Signature of Defendant's Counsel /Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date Zucker, Goldberg & Ackerman, LLC XFP- 176877 ti r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA successor by merger to Wells CIVIL DIVISION Fargo Home Mortgage, Inc. successor by merger to Norwest Mortgage, Inc. NO.: Plaintiff, VS. Robert A. Nester, Jr.; Bonnie L. Nester; Defendants. CASE MANAGEMENT ORDER AND NOW, this day of ,20 ,the defendant /borrower in the above - captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant /borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court - supervised conciliation Conference on at .M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 1. At least twenty -one (21) days prior to the date of the Conciliation Conference, the defendant /borrower must serve upon the plaintiff /I2-nder 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- 176877 3 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- 176877 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 'f H 0 TH04, 0 TA R Y Jody S Smith Chief Deputy 2013 MAY 30 0111: 03 Richard W Stewart 'UMBERLAND COUNTY ' Solicitor RIF- PEt4NSYLVANIA Wells Fargo Bank, NA successor by merger to Wells Fargo Home Mortgage, Case Number vs. 2013-2397 Robert A Nester, Jr(et al.) SHERIFF'S RETURN OF SERVICE 05/17/2013 09:45 AM-Deputy Noah Cline, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Jesse Nester, son,who accepted as"Adult Person in Charge"for Robert A Nester, Jr at 290 N Locust Point Rd, Silver Spring Township, New Kingstown, PA 17072. NOAH CLINE, DEPUTY 05/17/2013 09:45 AM-Deputy Noah Cline, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Jesse Nestor, son, who accepted as"Adult Person in Charge"for Bonnie Nester at 290 N Locust Point Road, Silver Spring Township, New Kingstown, PA 17072. NOAH CLINE, DEPUTY SHERIFF COST: $51.91 SO ANSWERS, May 23, 2013 RONW FANDERSON, SHERIFF to CountySuite Sheriff,Trileosoft,Ina. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C : Wells Fargo Bank, NA successor by merger to CIVIL DIVISION c Wells Fargo Home Mortgage, Inc. successor by merger to Norwest Mortgage, Inc. NO.: 13-2397 CIVIL � -T)'r., 4 c- Plaintiff, -<> vs. .cc Robert A. Nester,Jr.; Bonnie L. Nester; : z Defendants. �� r PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the case filed at the above-captioned term and number SETTLED, DISCONTINUED and ENDED, without prejudice. Respectfully Submitted: ZUCKER, GOLDBER7AC MAN, LLC BY: Scott A. Dietter' , E quire; A I.D. #55650 Kimberly A. B nner, 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-176877/efl 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX