HomeMy WebLinkAbout13-2818 Supreme Court-:of Pennsylvania
Courtif Common Pleas For Prothonotary Use Only:
@ �Cover� beet
0 - �`r� `K: T�
CeMBE L N °Di d County Docket No: ��I'll
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 requi by law or rules of court.
S Commencement of Action:
❑D Complaint ❑ Writ of Summons ❑ Petition
E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking
C Lead Plaintiff's Name: WELLS FARGO BANK, N.A. Lead Defendant's Name: MICHELLE ZARKOVICH A/K/A
T MICHELLE L. ZARKOVICH
I Are money damages requested? El Yes 0 No Dollar Amount Requested: El within arbitration limits
O (Check one) 9 outside arbitration limits
N Is this a Class Action Suit? ❑ Yes 9 No Is this an MDJ Appeal? ❑ Yes 0 No
A Name of Plaintiff/Appellant's Attorney: Melissa J. Cantwell, Esq., Id. No.308912, Phelan Hallinan, LLP
❑ 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
S include mass tort) ❑ Employment Dispute:
❑ Slander/Libel/ Defamation Discrimination
E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board
C ❑ Other:
T
j MASS TORT ❑ Other:
0 ❑ Asbestos
N ❑ Tobacco
❑ Toxic Tort - DES
• Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS
• Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration
B ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment
❑ Ground Rent ❑ Mandamus
❑ Landlord /Tenant Dispute ❑ Non- Domestic Relations
® Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto
• Dental ❑ Partition ❑ Replevin
• Legal ❑ Quiet Title ❑ Other:
• Medical ❑ Other:
❑ Other Professional:
Pa.R.C.P. 205.5 Updated 011011201
tf �
F{�l�f ~rid " rte r�"C. p
I p p t 1, I ;1 �'t`[? TA �
ti rJ t "?0 i -o� r g
Ct' 3EaLANO COUNTY
PIIMS YLVANIA
PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF
Melissa J. Cantwell, Esq., Id. No.308912
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215 -563 -7000
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK, N.A.
3476 STATEVIEW BOULEVARD CIVIL DIVISION
FORT MILL, SC 29715
Plaintiff, NO.:
vs.
MICHELLE ZARKOVICH
A/K/A MICHELLE L. ZARKOVICH
THAD ZARKOVICH
A/K/A THAD A. ZARKOVICH
27 EAST COLUMBIA ROAD
ENOLA, PA 17025 -2402
Defendants.
CIVIL ACTION — COMPLAINT IN MORTGAGE FORECLOSURE
And now comes WELLS FARGO BANK, N.A., by its attorneys, Phelan Hallinan, LLP
and files this Complaint in Mortgage Foreclosure as follows:
1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW
BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff').
062 -PA -V3
C ,k,H
P-47 C?> 1 a
2. The Defendants, MICHELLE ZARKOVICH A/K/A MICHELLE L.
ZARKOVICH and THAD ZARKOVICH A/K/A THAD A. ZARKOVICH, are individuals
whose last known address are 27 EAST COLUMBIA ROAD, ENOLA, PA 17025 -2402.
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 2, 2004, MICHELLE ZARKOVICH and THAD
ZARKOVICH made, executed and delivered to MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC AS NOMINEE FOR LOANCITY.COM, A CALIFORNIA CORPORATION a
Mortgage in the original principal amount of $98,356.00 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 CUMBERLAND County in Book 1890, Page 1545.
The Mortgage is a matter of public record and is incorporated herein by reference in accordance
with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents
to pleadings if those documents are of public record.
5. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded January
10, 2013, the mortgage was assigned to WELLS FARGO BANK, NA which Assignment is
recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 201301029.
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.
6. MICHELLE ZARKOVICH and THAD ZARKOVICH are record and real owners
of the aforesaid mortgaged premises.
7. Defendants are in default under the terms of the aforesaid Mortgage for, inter alia,
failure to pay the monthly installments of principal and interest due January 1, 2013.
062-PA-V3
8. As of 04/30/2013, the amount due and owing Plaintiff on the mortgage is as
follows:
Principal Balance $88,152.94
Interest $2,547.20
12/01/2012 through 04/30/2013
Late Charges $108.35
Property Inspections $30.00
Escrow Deficit $247.48
TOTAL $91,085.97
plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania
Law, actually and reasonably incurred by Plaintiff, including but not limited to, costs (including
escrow advances) and Plaintiff's attorneys' fees and expenses. Plaintiff reserves the right to file
a motion in the above - captioned action to add such additional sums authorized under the
Mortgage and Pennsylvania Law to the above amount due and owing when incurred.
9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of
Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended
in 2008, and /or Notice of Default as required by the mortgage document, as applicable, have
been sent to the Defendant(s).
10. This action does not come under Act 91 of 1983 because the mortgage is FHA -
insured.
11. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff
is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to
do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of
personal liability in a bankruptcy proceeding, this action is in no way an attempt to re- establish
such liability.
062 -PA -V3
WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the
amount due of $91,085.97, with interest thereon plus additional costs (including additional
escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the
mortgaged premises.
b
By:
Date: Melissa J. Cantwell, Esq., Id. No.308912
Attorney for Plaintiff
062 -PA -V3
Exhibit "A"
NOTE
ZARKOVICH
Loan tl:
Case 1Z:
MIN:
DECEMBER 2, 2004 CAMP HILL PENNSYLVANIA
[Date] f Cityl [State]
27 E. COLUMBIA ROAD, ENOLA, PA 17025
[Property Address]
1. PARTIES
'Borrower' means each person signing at the end of this Note, and the person's successors and assigns.
"Lender" means LOANCITY . COM , A CALIFORNIA 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 the principal sum of NINETY —EIGHT
THOUSAND THREE HUNDRED FIFTY —SIX AND 00 /100 Dollars (U.S. $98,356.00), 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 SEVEN percent (7.000 %) per year until the full amount of principal has been paid.
3. PROMISE TO PAY SECURED
Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated
the same date as this Note and called the "Security Instrument." The Security instrument protects the Lender from
losses which might result if Borrower defaults under this Note.
4. MANNER OF PAYMENT
(A) Time
Borrower shall make a payment of principal and interest to Lender on the 1ST day of each month beginning
on FEBRUARY 1, 2005. Any principal and interest remaining on the 1ST day of JANUARY, 2035, will be due on
that date, which is called the "Maturity Date ".
(B) Place
Payment shall be made at 5671 SANTA TERESA BOULEVARD, SUITE 100 , SAN JOSE, CA
95123 or at such place as Lender may designate in writing by notice to Borrower.
(C) Amount
Each monthly payment of principal and interest will be in the amount of U.S. $654.36. This amount will be
part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and
other items in the order described in the Security Instrument.
(D) Allonge To This Note For Payment Adjustments
If an allonge providing for payment adjustments is executed by Borrower together with this Note, the
covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the
allonge were a part of this Note. [Check applicable box]
❑ Graduated Payment Allonge ❑ Growing Equity Allonge ❑ Other [Specify]
36 Page 1 of 3 FHA Multistate Fixed Rate Note .. 121131
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 first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on
the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the
Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the
monthly payment unless Lender agrees in writing to those changes.
6. BORROWER'S 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 (d . 000%) of the overdue amount of each payment.
(B) Default
If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by
regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance
remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the
event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to
require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not
permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban
Development or his or her designee.
(C) Payment of Costs and Expenses
If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay
costs and expenses including reasonable and customary attorneys fees for enforcing this Note to the extent not
prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as
the principal of this Note.
7. WAIVERS
Borrower and any other person who has obligations under this Note waive the rights of presentment and notice
of dishonor. "Presentment" means the right to require Lender to 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.
v 36 Page 2 of 3 FHA Multistate Fixed Rate Note .. 14!01
NOTICE TO CONSUMER
]. DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT.
2. YOU ARE ENTITLED TO A COPY OF THIS AGREEMENT.
3. YOU MAY PREPAY THE UNPAID BALANCE AT ANY TIME WITHOUT PENALTY.
WITNESS THE HAND(S) AND SEALS(S) OF THE UNDERSIGNED,
— BORROWER — THAD ZARKOVICH — DATE —
ch a a u
BORROWER — HELLE ZARKOVICH — DAT —
[Sign Original Only]
36 Page 3 of 3 FHA Multistate Fixed Rate Note -- 12/01
ppaa t the order of
MIS arao Bank N.A.
Without ecourse ��
This day of�
LoanCity.Com
A California Corporation
Beth Harris
(�LGSEt2.- a0
W1TH0U'r RE COURSE
PAY'rO THE ORDER OF
Wells Fargo aank, N.A.
B Y C ori K: v
Vic+ Presi�►t L oa '�i0"
Exhibit "B"
s
LEGAL DESCRIPTION
ALL THAT CERTAIN lot or piece of ground with improvements thereon erected situate in
Enola, East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in
accordance with a survey made by Gerrit J. Betz, RS, dated July 8, 1975, as follows to wit:
BEGINNING at a point on the northeast side of Columbia Road, said point being located
219.308 feet from the southwest extremity of arc having radius of 10 foot connecting the
northwest line of Enola Road and the northeast line of Columbia Road; THENCE along the
northeast side of Columbia Road along an arc bearing to the right having a radius of 438.682 feet
an arc distance of 50,917 feet to a point of tangency; THENCE along land now or late of John D.
Orner, North 22 degrees 40 minutes 4 seconds East, a distance of 160.907 feet to a point;
THENCE along lands now or late of Sidney I. Kellam, South 67 degrees 19 minutes 56 seconds
East, a distance of 50 feet to a point; THENCE along lands now or late of the Pa. Railroad
Company, South 22 degrees, 40 minutes 4 seconds West, a distance of 50 feet to a point; a
distance of 151.437 to a point on the northeast side of Columbia Road, the point and Place of
BEGINNING.
HAVING THEREON ERECTED a 2 1/2 story frame dwelling known as No. 27 Columbia Road,
Enola, Pennsylvania.
PROPERTY ADDRESS: 27 EAST COLUMBIA ROAD, ENOLA, PA 17025 -2402
PARCEL # 09 -13 -1002 -317.
Pile #: 321 175
v
VERIFICATION
Steve DeFurio, hereby states tha he/ he is Vice President Loan Documentation
of WELLS FARGO BANK, N.A., plaintiff in this matter, that h ssI e 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 o his er 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.
e
I LLD
Name: Steve DeFurio
Title: Vice President Loan Documentation
Company: Wells Fargo Bank N.A.
Date: 05/02/2013
086 -PA -V2 File # 321175
FORM 1
' IN THE COURT OF COMMON PLEAS
WELLS FARGO BANK, N.A. OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s) „
vs. G c ' '
MICHELLE ZARKOVICH A /K/A MICHELLE L.
ZARKOVICH ;;0
THAD ZARKOVICH A/K/A THAD A. n c�
ZARKOVICH r
Defendant(s) '� F ecivil
r C..') w
C) ,FTi
NOTICE OF RESIDENTIAL MORTGAGE FORECEOSi
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 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
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
arguments with your lender before the mortgage foreclosure suit proceeds forward.
IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS
REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Respectfully submitted:
MAY 17 1013
Date Melissa J. Cantwell, Esq., Id. No.308912
Attorney for Plaintiff
FORM 2
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 counseling agency. Please provide the following information to
the best of your knowledge:
CUSTOM ER/PRI MARY APPLICANT
Borrower name(s):
Property Address:
City: State: Zip:
Is the property for sale? Yes ❑ No ❑ Listing date: Price: $
Realtor Name: Realtor Phone:
Borrower Occupied? Yes ❑ No ❑
Mailing Address (if different):
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?
INFORMATION FINANCIAL
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:
Assets Amount Owed Value:
Home: $ $
Other Real Estate: $ $
Retirement Funds: $ $
Investments: $ $
Checking: $ $
Savings: $ $
Other: $ $
Automobile #I: Model: Year:
Amount owed: Value:
Automobile 42 : Model: Year:
Amount owed: Value:
Other transportation (automobiles boats motorcycles): Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
1. Monthly Gross Monthly Net
2. Monthly Gross Monthly Net
3. Monthly Gross Monthly Net
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
Mort a e Food
2" Mort a e Utilities
Car Payment(s) Condo/Neigh. Fees
Auto Insurance Med. not covered
Auto fuel/repairs Other prop. payment
Install. Loan Payment Cable TV
Child Su ort/Alim. Spending Mone
Da /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:
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 and 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 Uwe am /are under no obligation to
use the counseling 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:
1. Proof of income
2. Past 2 bank statements
3. Proof of any expected income for the last 45 days
4. Copy of a current utility bill
5. Letter explaining reason for delinquency and any supporting documentation (hardship
letter)
• 6. Listing agreement (if property is currently on the market)
NOTICE
You have been sued in Court. If you wish to defend against the claims 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 DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY ATTORNEY
REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249 -3166
(800) 990 -9108
File #: 321175
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
C 1L[-,D vi '1C L-
Ronny RAnderson Ii �1-KE7 PRG'f H10?,�( 1 ?">
Sheriff �4kAtin at �ranhc r t
Jody S Smith r 1013 X —7 A'1110: 00
Chief Deputy
Richard W Stewart 1�fllxl
CUMBERLA14D COMET Y
Solicitor 07PIEQr THE$YEPfrr PENNSY VAHIA
Wells Fargo Bank, N.A. Case Number
vs.
2013-2818
Michelle Zarkovich(et al.)
SHERIFF'S RETURN OF SERVICE
05/29/2013 01:03 PM- Deputy Ryan Burgett, 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:
Michelle Zarkovich at 27 East Columbia Road, East Pennsboro, Enola, PA 17025.
RYAN BURGETT, DEPU'
05/29/2013 01:03 PM -Deputy Ryan Burgett, 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 Michelle Zarkovich, wife of defendant,who
accepted as"Adult Person in Charge"for Thad Zarkovich at 27 East Columbia Road, East Pennsboro,
Enola, PA 17025.
RYAN BURGETT, DEPUTY-3
SHERIFF COST: $60.95 SO ANSWERS,
May 30, 2013 RON R ANDERSON, SHERIFF
(c)CountySuite Sheriff,Teleosoft.Inc.
r '
T1,4 'R(1 TH_' ICE CS TA R
E0 3 SEP -3
�.
CUt"ERL4ND COUP;Y
PHELAN HALLINAN,LLP
Joseph P. Schalk, Esq.; Id. No. 91656 .
126 Locust Street
Harrisburg,PA 17101
215-563-7000 Attorney for Plaintiff
WELLS FARGO BANK,N.A.
3476'STATEVIEW BOULEVARD Court of Common Pleas
FORT MILL, SC 29715
Plaintiff, Civil Division
VS. Term
MICHELLE ZARKOVICH No.2613-2818 Civil
A/KJA MICHELLE L. ZARKOVICH
THAD ZARKOVICH Cumberland County
A/K/A THAD A. ZARKOVICH
27 EAST COLUMBIA ROAD
ENOLA,PA 17025-2402
Defendants.
MOTION TO LIFT CONCILIATION STAY
Plaintiff, Wells Fargo Bank N.A., Successor-(hereinafter "Plaintiff'), by its attorney, .
Joseph P. Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support
thereof avers as follows:
1. On May 26,' 2013, Plaintiff filed a Complaint in Mortgage Foreclosure against
Defendants for their failure to make monthly payments of principal and interest upon their ;
mortgage due January 1, 2013, and each month thereafter. A true and correct copy of the.
Complaint is attached hereto, made part hereof and marked as Exhibit A.
2. On May 29,2013, Plaintiff completed service on Defendants of the Complaint in
Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage
Foreclosure Diversion Program Notice. A true and correct copy of the Affidavit of Service is
814933
attached hereto,made part hereof and marked as Exhibit B.
3. Pursuant to the Cumberland County Administrative Order February 28, 2012,
which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the
Foreclosure action is stayed for sixty (60) days from the date of service.
4. Within 60 days after service of the complaint,the Defendant may opt into the
program by filing a Request for Conciliation Conference with the Court. Upon the filing of the
request, the Court will schedule a Conciliation Conference. The program provides that
Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of
notice if not represented by counsel.
5. If more than sixty (60) days has elapsed since the service of Notice of Residential
Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the
Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the
Diversion Program.
6. Defendants failed to opt into the Cumberland County Residential Mortgage
Foreclosure Diversion Program within sixty (60) days of service.
7. Defendants received service of the Complaint, had an opportunity to enter the
Diversion Program and had an opportunity to defend the foreclosure action, but opted instead to
take no action whatsoever with respect to this matter.
8. Since Defendants have opted not to participate in the Diversion Program or
litigated the instant foreclosure action, it is appropriate for the stay to be.
WHEREFORE, Plaintiff respectfully requests that this matter be removed from the
Cumberland County Residential Mortgage Foreclosure Diversion Program, the stay be lifted.
814933
Respectfully submitted,
PHELAN HALLINAN, LLP
Date: 30 3 BY:
Jos ph Schalk,Esquire
Att rney for Plaintiff
f
814933
Exhibit A
814933
t" THE 1'Ro f f.jotr'UTAft'y
"L Kit r z o AM to: o s
CUMBERLAND COUNTY
PENNSYLVANIA
PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF
Melissa J. Cantwell,Esq., Id. No.308912
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA
WELLS FARGO BANK,N.A.
3476 STATEVIEW BOULEVARD CIVIL DIVISION
FORT MILL, SC 29715
Plaintiff, NO.: (f
vs.
MICHELLE ZARKOVICH
A/KJA MICHELLE L. ZARKOVICH
THAD ZARKOVICH
A/K/A THAD A. ZARKOVICH
27 EAST COLUMBIA ROAD
ENOLA, PA 17025-2402
Defendants.
CIVIL ACTION— COMPLAINT IN MORTGAGE FORECLOSURE
And now comes WELLS FARGO BANK,N.A., by its attorneys, Phelan Hallinan, LLP
and files this Complaint in Mortgage Foreclosure as follows:
1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW
BOULEVARD,FORT MILL, SC 29715 (hereinafter "plaintiff'). (2�
Qo�W�Co.
062-PA-V3 C�,bf /?/(�gl
a 0111
2. The Defendants, MICHELLE ZARKOVICH A/K/A MICHELLE L.
ZARKOVICH and THAD ZARKOVICH A/K/A THAD A. ZARKOVICH, are individuals
whose last known address are 27 EAST COLUMBIA ROAD, ENOLA, PA 17025-2402.
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 2, 2004, MICHELLE ZARKOVICH and THAD
ZARKOVICH made, executed and delivered to MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC AS NOMINEE FOR LOANCITY.COM, A CALIFORNIA CORPORATION a
Mortgage in the original principal amount of$98,356,00 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 CUMBERLAND County in Book 1890, Page 1545.
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.
5. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded January
10, 2013, the mortgage was assigned to WELLS FARGO BANK, NA which Assignment is
recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 201301029.
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.
6. MICHELLE ZARKOVICH and THAD ZARKOVICH are record and real owners
of the aforesaid mortgaged premises.
7. Defendants are in default under the terms of the aforesaid Mortgage for, inter alia,
failure to pay the monthly installments of principal and interest due January 1, 2013.
062-PA-V3
8. As of 04/30/2013, the amount due and owing Plaintiff on the mortgage is as
follows:
Principal Balance $88,152.94
Interest $2,547.20
12/01/2012 through 04/30/2013
Late Charges $108.35
Property Inspections $30.00
Escrow Deficit $247.48
TOTAL $91,085.97
plus interest and all other additional amounts authorized.under the Mortgage and Pennsylvania
Law, actually and reasonably incurred by Plaintiff, including but not limited to, costs (including
escrow advances) and Plaintiff s attorneys' fees and expenses, Plaintiff reserves the right to file
a motion in the above-captioned action to add such additional sums authorized under the
Mortgage and Pennsylvania Law to the above amount due and owing when incurred.
9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of
Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended
in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have
been sent to the Defendant(s).
10. This action does not come under Act 91 of 1983 because the mortgage is FHA-
insured.
11. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff
is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to
do so in a separate legal action if such right exists. If Defendants) have received a discharge of
personal liability in a bankruptcy proceeding, this action is in no way an attempt to re-establish
such liability.
062-PA-V3
WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the
amount due of$91,085.97,with interest thereon plus additional costs(including additional
escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the
mortgaged premises.
By:
Date: Melissa J. Cantwell, Esq., Id. No.308912
Attorney for Plaintiff
062-PA-V3
Exhibit "A"
` •A
Lop
NU'D'E
ZMOVXCR
LAan 4:
Case#:
MIN:
DECEM ER 2, 2004 CAMP HILL PENNSYLVANIA
[Date] (City] [State)
27 E. COLUMBIA ROAD, ENOLA, PA 17025
(Property Address)
1.PARTIES
"Borrower" means each person signing at the end of this Note, and the person's successors and assigns.
"Lender"means LOANCITY.COM , A CALIFORNIA 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 the principal sum of NINETY—EIGHT
THOUSAND THREE HUNDRED FIFTY—SIX AND 001100 Dollars (U.S. $98,356.00), 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 SEVEN percent(7.000%)per year until the full amount of principal has been paid.
3.PROMISE TO PAY SECURED
Borrower's promise to pay is secured by a mortgage,deed of trust or similar security instrument that is dated
the same date as this Note and called the "Security Instrument." The Security Instrument protects the Lender from
losses which might result if Borrower defaults under this Note.
4.MANNER OF PAYMENT
(A)Time
Borrower shall make a payment of principal and interest to Lender on the 1ST day of each month beginning
on FEBRUARY 1, 2005.Any principal and interest remaining on the 1ST day of JANUARY, 2035,will be due on
that date,which is called the"Maturity Date".
(B)Place
Payment shall be made ;)( 5671 SANTA TERESA BOULEVARD, SUITE 100 , SAN JOSE, CA
95123 or at such place as Lender may designate in writing by notice to Borrower.
(C)Amount
Each monthly payment of principal and interest will be in the amount of U.S.$650.36.This amount will be
part of u larger monthly payment required by the Security instrument,that shall be applied to principal, interest and
other items in the order described in the Security Instrument.
(D)Allonge To This Note For Payment Adjustments
If an 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
ationge were a part of this Note.[Check applicable box)
O Graduated Payment Allonge ❑Growing Equity Allonge 0 Other[Specify)
36 Page i of 3 FHA Mut&atate Fixed Rate Note••12101
S.BORROWER'S RIGHT TO PREPAY
Borrower bus the right to pay the debt evidenced by this Note,in whole or in part,without charge or penalty,
on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on
the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the
Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the
monthly payment unless Lender agrees in writing to those changes.
6.BORROWER'S 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(4.000%)of the overdue amount of each payment.
(B)Default
If Borrower defaults by failing to pay in full any monthly payment,then Lender may, except as limited by
regulations of the Secretary in the case of payment defaults,require immediate payment in full of the principal balance
remaining due and all accrued interest.Lender may choose not to exercise this option withuut waiving its rights in the
event of any subsequent default.In many circumstances regulations issued by the Secretary will limit Lender's rights to
require immediate payment in full in the case of payment defaults.This Note does not authorize acceleration when not
permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban
Development or his or her designee.
(C)Payment of Costs and Expenses
If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay
costs and expenses including reasonable and customary attorneys fees for enforcing this Note to the extent not
prohibited by applicable law.Such fees and costs shall bear interest from the date of disbursement at the same rate as
the principal of this Note.
7.WAIVERS
Borrower and any other person who has obligations under this Note waive the right,s 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 mother persons that amounts due have not been paid.
8.GIVING OF NOTICES
Unless applicable law requires a different method,tiny notice that must be given to Borrower under this Note ,
will be given by delivering it or by mailing it by first olass 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.
36 Page 2 of 3 FHA Multistate Fixed Rate Note--12/01
NOTICE TO CONSUMER
].DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT.
2.YOU ARE ENTITLED TO A COPY OF THIS AGREEMENT.
3.YOU MAY PREPAY THE UNPAID BALANCE AT ANY TIME WITHOUT PENALTY.
WITNESS THE HAND(S)AND SEALS(S)OF THE UNDERSIGNED.
— BORROWER — TIM ZARICOVSCIJ— DATE —
—. BORROWER — HELLE ZARKOVICH— DAT —
[Sign Original Only]
36 Page 3 of 3 FHA Multistate Fixed Rate Note••1LOI
pa t the order of
'WAIs�arao Bank,_N.A.
Without Pecourse
This j_.,._...day of.G c 4, -,C�-�----
LoanCity.Com
A California Corporation
Beth 41arris
(�LGS�t1.. Fp
WtsHoUT Ri~COOIIF-
PAY't.O THE OIADER OF
wells Fargo Sank,N.A.
9y x:-'00-
Cori K:V.t+no�o
Vito p ►1
Loan Oowmen
Exhibit "B"
LEGAL DESCRIPTION
ALL THAT CERTAIN lot or piece of ground with improvements thereon erected situate in
Enola,East Pennsboro Township, Cumberland County, Pennsylvania,bounded and described in
accordance with a survey made by Gerrit J. Betz, RS,dated July 8, 1975, as follows to wit:
BEGINNING at a point on the northeast side of Columbia Road, said point being located
219.308 feet from the southwest extremity of arc having radius of 10 foot connecting the
northwest line of Enola Road and the northeast line of Columbia Road;THENCE along the
northeast side of Columbia Road along an are bearing to the right having a radius of 4:38.682 feet
an arc distance of 50,917 feet to a point of tangency.; THENCE along land now or late of John D.
Orner,North 22 degrees 40 minutes 4 seconds East,a distance of 160.907 feet to a point;
THENCE along lands now or late of Sidney I. Kellam, South 67 degrees 19 minutes 56 seconds
East, a distance of 50 feet to a point;THENCE along lands now or late of the Pa. Railroad
Company, South 22 degrees,40 minutes 4seconds West, a distance of 50 feet to a point; a
distance of 151.437 to a point on the northeast side of Columbia Road, the point and Place of
BEGINNING.
HAVING THEREON ERECTED a 2 112 story frame dwelling known as No.27 Columbia Road,
Enola,Pennsylvania.
PROPERTY ADDRESS: 27 EAST COLUMBIA ROAD, ENOLA, PA 17025-2402
PARCEL#09-13-1002-317.
Pile#: 321175
. v
VERIFICATION
Steve DeFurio, hereby states th lel he is Vice President Loan Documentation
of WELLS FARGO BANK,N.A., plaintiff in this matter, tha oela 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 o his er 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.
Q
Name: Steve DeFurio
Title: Vice President Loan Documentation
Company: Wells Fargo Bank N.A.
Date: 05/02/2013
086-PA-V2
File#321175
FORM I
ii IN THE COURT OF COMMON PLEAS
WELLS FARGO BANK,N.A. OF CUMBERLAND COUNTY,PENNSYLVANIA
Plaintiff(s)
VS. -TJ
MICHELLE ZARKOVICH A/KJA MICHELLE L. rnc"
=rri
ZARKOVICH
THAD ZARKOVICH AIK/A THAD A.
C)
ZARKOVICH
Defendant(s) Civil �>C:1
C-)
=CD
,— CD '
NOTICE OF RESIDENTIAL MORTGAGE FORECE0$VR1§.,'
r-ri
- Q'I
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 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
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
arguments with your lender before the mortgage foreclosure suit proceeds forward.
IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS
REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Respectfully submitted:
MAY 17 2013
Date
Melissa J.Cantwell,Esq.,Id.No.308912
Attorney for Plaintiff
FORM 2
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 captions while working with your counseling agency. Please provide the following information to
the best of your knowledge:
CUSTOMERAIRIMARY
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 [Q
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:
Assets Amount Owed: Value:
Home: $ $
Other Real Estate: $ $
Retirement Funds: $ $
Investments: $ $
Checking: $ $
Savings: $ $
Other: $ $
Automobile#l: Model: Year:
Amount owed: Value:
Automobile 42: Model: Year:
Amount owed: Value:
Other transportation (automobiles,boats, motorcycles): Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
1. Monthly Gross Monthly Net
2. Monthly Gross Monthly Net
3. Monthly Gross Monthly Net
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° Mort a e Utilities
Car Pa ment s Condo/Neigh.Fees
Auto Insurance Med. not covered
Auto fuel/repairs Other prop.payment
Install.Loan Payment Cable TV
Child Su ort/Alim. Spending Money
Da /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:
Have you made application for Homeowners Emergency Mortgage Assistance Program(HEMAP)
assistance?
Yes❑ No F-1
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 and 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 Uwe am/are under no obligation to
use the counseling 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:
1. Proof of income
2. Past 2 bank statements
3. Proof of any expected income for the last 45 days
4. Copy of a current utility bill
S. Letter explaining reason for delinquency and any supporting documentation (hardship
letter)
6. Listing agreement(if property is currently on the market)
i
I
NOTICE
You have been sued in Court. If you wish to defend against the claims 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 maybe 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 DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS,OFFICE CAN PROVIDE YOU WITH INFORMA'T'ION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY ATTORNEY
REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE,PA 17013
(717)249-3166
(800)990-9108
File#: 321175
r
Exhibit B
814933
! |
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Shefiff
Jody S Smith
,4F
Chief Deputy
Richard W Stewart
Solicitor
Wells Fargo Bank,N,A. Case Number
vs. 2013-2818
Michelle Zarkovich(et al.)
SHERIFF'S RETURN OF SERVICE
05/2912013 01,03 PM-Deputy Ryan Burgett, being duty swom according to law,served the requested Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by
personalty'handing a true copy to a person representing themselves to be the Defendant,to wit:
Michelle Zarkovich at 27 East Columbia Road,East Pennsboro,Enola,PA 17025.
�
RYAN uumwEu.uEPu+r --
0512912013 served the requested Notice of
� Residential_ Mortgage Foreclosure Program and -_ ,
a true copy to a person representing themselves to be Michelle Zarkovich,wife of defendant,who
accepted as"Adult Person..Charge"for Thad Z_--'_~.-,~. East Columbia Road, East. _'__--
Enota,PA 17025.
RYAN___'_. ` DEPUTY--'
- -. .
|
'
SHERIFF COST:$60.95 SO ANSWERS, )
`
May 312013 RONmY R ANDERSON,SHERIFF
�
�
|
r �
PHELAN HALLINAN, LLP
Joseph P. Schalk, Esq., Id. No. 91656
126 Locust Street
Harrisburg, PA 17101
215-563-7000
WELLS FARGO BANK Attorney for Plaintiff
3476 STATEVIEW BOULEVARD
FORT MILL, SC 2971.5 Court of Common Pleas
.Plaintiff, Civil Division
vs.
Term
MICHELLE ZARKOVICH
A/K/A MICHELLE L. ZA No.2013-2818 Civil
THAD ZARKOVICH RKOVICH
Cumberland County
A/K/A.THAD A. ZARKOVICH
27 EAST COLUMBIA ROAD
ENOLA, PA 17025-2402
Defendants.
CERTIFICATION OF SERVICE
I certify that a true and correct copy of Plaintiff's Motion to Conciliation Stay and
person Li ft
proposed Order were sent via first class mail to the
p on listed below on the date indicated:
MICHELLE ZARKOVICH
A/K/A MICHELLE L. ZARKOVICH
THAD ZARKOVICH
A/K/A THAD A. ZARKOVICH
27 EAST COLUMBIA ROAD
ENOLA, PA 17025-2402
Date:
*Josh
alk, Esquire
Plaintiff
814933
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
Plaintiff, Civil Division
VS.
Tenn
MICHELLE ZARKOVICH No.2013-2818 Civil
A/K/A MICHELLE L. ZARKOVICH
THAD ZARKOVICH Cumberland County
A/K/A THAD A. ZARKOVICH
27 EAST COLUMBIA ROAD
ENOLA, PA 17025-2402
Defendants.
ORDER
AND NOW, this s` day of S� �cl,� , 2013, upon consideration of
Plaintiffs 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.
�rn
N
<b -C
C)
C7
rV C)
q Cn >
814933
A r
CC: Michelle and Thad Zarkovich
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
,. f CHELLE ZARKOVICH
A/K/A MICHELLE L. ZARKOVICH
THAD ZARKOVICH
A/K/A THAD A. ZARKOVICH
27 EAST COLUMBIA ROAD
ENOLA, PA 1.7025-2402
Mau LC
VrN
�n
1
814933
TA
UMBERL Atdp
PEN' sYt VANJA � Y
Phelan Hallinan,LLP Attorney For Plaintiff
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
215-563-7000
WELLS FARGO BANK,N.A. Court of Common Pleas
Plaintiff
Civil Division
V.
CUMBERLAND County
MICHELLE ZARKOVICH
A/K/A MICHELLE L.ZARKOVICH No.13-2818 CIVIL
THAD ZARKOVICH
A/K/A THAD A.ZARKOVICH
Defendant(s)
PRAECIPE
TO THE PROTHONOTARY:
® Please withdraw the complaint and mark the action Discontinued and Ended without prejudice.
❑ Please mark the above referenced case Settled, Discontinued and Ended.
❑ Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice.
❑ Please mark the in rem judgment Satisfied and the action Discontinued and Ended.
❑ Please Vacate the Judgment entered.
Date: Z PHELA ALL AN,LLP
By:
Jo ichael Kolesnik,Esq.,Id.No.308877
Attorney for Plaintiff
PH#814933
Phelan Hallinan,LLP Attorney For Plaintiff
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
215-563-7000
WELLS FARGO BANK,N.A. Court of Common Pleas
Plaintiff
Civil Division
V.
CUMBERLAND County
MICHELLE ZARKOVICH
A/K/A MICHELLE L.ZARKOVICH No. 13-2818 CIVIL
THAD ZARKOVICH
A/K/A THAD A.ZARKOVICH
Defendant(s)
CERTIFICATION OF SERVICE
I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by
regular mail to the person(s) on the date listed below:
MICHELLE ZARKOVICH
A/K/A MICHELLE L.ZARKOVICH
THAD ZARKOVICH
A/K/A THAD A. ZARKOVICH
27 EAST COLUMBIA ROAD
ENOLA, PA 17025-2402
Date: lhb� PHELA L N, LLP
By:
John is ael Kolesnik,Esq., Id.No.308877
Attorney for Plaintiff