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Home My WebLink About13-4228 Supreme Court of Pennsylvania Courttof Comtinon Pleas 6 X1 ' ! " ` For Prothonota Use Onl =avi Covet Sheet �' y CUMBERLAND County Docket No: ., l 3✓ 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 of 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, N.A. Lead Defendant's Name: Teresa A. Gerst C T Are money damages requested ?: ❑ Yes ® No Dollar Amount Requested: within arbitration limits 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 Sel 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 S ❑ Product Liability (does not include mass tort) ❑ Employment Dispute: E ❑ Slander/Libel/Defamation Discrimination ❑ Other: ❑ Employment Dispute: Other C ❑ Zoning Board T ❑ Other: I MASS TORT ❑ Other: ❑ Asbestos O ❑ Tobacco N ❑ Toxic Tort- DES ❑ Toxic Tort- Implant REAL PROPERTY MISCELLANEOUS E] Toxic Waste ❑ Other: El Ejectment ❑Common Law /Statutory Arbitration ❑ 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 111112011 Zucker, Goldberg & Ackerman, LLC XVP- 173905 062 -PA -V3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A., CIVIL DIVISION Plaintiff, NO.: �3, y� w"/ vs. TYPE OF PLEADING Teresa A. Gerst; 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 Far Bank, N.A. FROM SERVICE HEREOF OR DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. COUNSEL OF RECORD FOR THIS PARTY: I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: ZUCKER GOLDBERG & ACKERMAN, LLC 3476 Stateview Blvd. Ft. Mill, SC 29715 Scott A. Dietterick, Esquire AND THE DEFENDANT: Pa. I.D. #55650 140 Elm Street Kimberly A. Bonner, Esquire Carlisle, PA 17013 -1920 Pa. I.D. #89705 Joel A. Ackerman, Esquire Pa I.D. #202729 CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF Ashleigh Levy Marin, Esquire THE REAL ESTATE AF CTED BY THIS LIEN IS Pa I.D. #306799 140 Elm Street Ca sle PA 17013 -1 0 Ralph M. Salvia, Esquire Municipality: C isle Pa I.D. #202946 Jaime R. Ackerman, Esquire ATT RN F 'PLAT � F Pa I.D. #311032 ATTY ILE NO.: XVP 173905 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233 -8500 (908) 233 -1390 FAX office @zuckergoIdberg.com File No.: XVP- 173905/rbo : U) -, (7"T C - 3 CC) I 3, of e FNO sa917 Pw 3 3q $ s 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. Teresa A. Gerst; 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. Teresa A. Gerst; Defendant. 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 UNO, LLAME 0 VAVA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND LAWYER REFERRAL Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990 -9108 Phone (800) 990 -9108 (717) 249 -3166 (717) 249 -3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, VS. NO.. Teresa A. Gerst; 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, Teresa A. Gerst, is an individual whose last known address is 140 Elm Street, Carlisle, PA 17013 -1920. 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 March 23, 2001, Teresa A. Gerst made, executed and delivered to Gateway Funding Diversified Mortgage Services, L.P. a Mortgage in the original principal amount of $81,000.00 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 March 28, 2001, in Mortgage Book \Volume 1684, Page 311. 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 March 28, 2001, the mortgage was assigned to Countrywide Home Loans Inc. which assignment is recorded in the Office of the Recorder of Deeds for Cumberland County in Assignment Book 670, Page 588. 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 Zucker, Goldberg & Ackerman, LLC XVP- 173905 062 -PA -V3 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 June 4, 2001, the mortgage was assigned to Gateway Funding Diversified Mortgage Services, L.P., which assignment is recorded in the Office of the Register of Deeds for Cumberland County in Assignment Book 676, Page 811. The Assignment is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(8), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 7. By further Assignment of Mortgage recorded on June 4, 2001, the mortgage was assigned to Fleet National Bank, which Assignment is recorded in the Office of the Register of Deeds for Cumberland County in Assignment Book 676, Page 813. 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. By further Assignment of Mortgage recorded June 4, 2002, the mortgage was assigned to Mortgage Electronic Registration Systems Inc., which Assignment is recorded in the Office of the Register of Deeds for Cumberland County in Assignment Book 687, Page 3421. 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. Plaintiff is the current Mortgagee. By further Assignment of Mortgage recorded on June 11, 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 #201217256. 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. 10. Teresa A. Gerst is the record and real owner of the aforesaid mortgaged premises. 11. 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 April 1, 2012. Zucker, Goldberg & Ackerman, LLC XVP- 173905 062 -PA -V3 12. As of 06/21/2013 the amount due and owing Plaintiff by Defendants) is as follows: Principal $66,201.63 Interest through 06/21/2013 $ 5,614.64 Escrow Advance $ 3,116.68 Late Charges $ 164.35 Inspection Fees $ 75.00 Total $ 75,172.30 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. 13. 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). 14. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability in a bankruptcy proceeding, this action is in no way an attempt to re- establish such liability. Zucker, Goldberg & Ackerman, LLC XVP- 173905 062 -PA -V3 WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $ 75,172.30 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, GOLDS G AC N, LLC BY: Dated: Scott A. ttenck, Esquire; PA I.D. #55650 C� Kimb 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 XVP- 173905/rbo 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 XVP- 173905 062 -PA -V3 EXHIBIT A Zucker, Goldberg & Ackerman, LLC XVP- 173905 062 -PA -V3 / i i• ORIGINAL GT_ W NOTXCE: 'I`IIIS LOAN. 18' NOT ASSUMABLE INTITHOU IC T11E APPROVAL OF THE DEPARnI ENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. March : :a__._, 20m_ CARI ISL PENN YLYANIA IDatrj ro"O [6 ctej jae Fl-M STREET _SCAB ISLF, Iz ±lots __ -- [Prdoerfy A?dre„J 1, 80FIROWER "13 PROMISE M PAY In r eturn for a loan that I have received, I promise to pay U.S. $ _ t;tt _nna -on (this arnount Is cstller9 "Principal "), plus Interest, * to the'order of the Lender. The Lender is p111413INAiaiYERSIFIED MQRTGAGF,SFRVICES L.P. i will make all payments under this N6te in the form of cash, check or money order. I understand that the Lender may transfer this Note. T Lender or anyone who takes this Note by transfer and who Is entitled to receive payments under this Note is called the "Nate Holder". 2. INTEREST Interest will be charged on unpaid principal until the fulf amount of Principal has been paid. i will pay interest at a yearly rate of 6.500 %. The iraerest rate required by this Section 2 Is the We I will pay both before and after any default des- cribed in Section &'3) of this Note. 3. PAYMENTS (A) Time and Place o1 Payments I will pay principal and interest b; making a payment every morph. I will make my monthly payment on the 1s _ _ -day of each month beginning on May ,-21101 _. -.. I will make there payments every month until I have paid all of'tho principal and Interest and any other charges described below that I may owe under this Note. Eaci'1 rnonthly pay merit will be applj2si as of its schedulsd duo date and will be applied to interest before Principal. If, on Awl 1 , 1� 1,3_ I still owe amounts under this Note, I will pay those amounts In full on that date, which is galled the "Maturtty Data." I will make my mantHy payments at 500 QF FICE CENTE I)IF,,g�� F RT +NASHINjQN. pn _U{p3L _ or at a different place If required by the N ote Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Pdnci• pal only is known as a *Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not make ,-Ji the monthly pay- ments due under the Note. 1 may make a full Prepayment or partial Prepayments without fraying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. How - ever, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or In the amount of my monthly payment unless the Note Holder agrees lr writing to those changes, S. LOAN CHARGES If a law. which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges callec-ted or to bE collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce tha charge to the permittrA timit: and (b) any Burns already collected from me which exceeded permitted limits iiUVTiSTATE FIXED PAY N0TE-1ing1e PamilY" UNTOTW INSTRUMalf V32D0.1.frm '12 /Ix mis lieu. 3/01 cols (page 1 a'.' 3 pages) Zt►t)�j 1I:idFQIZCtS�IO� 1;ti9T 5C8 LiL XFd 6Q�TT I2I3 TQ!Ca` /t:0 1 will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. if a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late * Charge tor Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of is calendar days Wier the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be AJMI % of my overdue payment I will pay this late charge promptly bit only once on each late payment (B) Default if 1 do not pay the full amount of each monthly payment on the date It is due, i will be In default (C) Notice of Default If I am in cledault, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay Immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount That date must be at least 30 days After the date on which the notice Is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even If, at a time when I am In default, the Note Holder does not require me to pay immediately In full as described above, the Note Holder will still have the right to do so If t am in default at a later time. (E) Payment of Note Holder's Costa and Expenses If the Note Holder has required me to pay immediately In full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses In enforcing this Note to the extent not prohibited by applicable law. Those expenses Include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by malling It by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering It or by malting it by first class mall to the Note Holder at the address stated in Section 3(A) above or at a different address If I am ciiven a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each pennon is fully and personally obligated to keep all of the promises rnr•:de 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 obligatiom:t, Including the obligations of a guarantor, surety or endorser of this Nate, Is also obli- gated to keep all of the promises made in this Note. The Note Holder may enforce he rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I 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 the Note Holder to demand payment of amounts due. 'Notice of Dishonor' means the right to require the Note Holder to giva notice to other persons that amounts due have not been paid. MULTISTATE FIXED RATE NOTE - Single Family— UNIFCAM INSMUMENT V3200- 4,frmm 12/00 rnfs Ray. 3 /01 m(s (page 2 of 3 pages) coo 121 11;3Zt+IMOSh00 gt•ST SL6 LTL 1d3 60 -77 IN-4 TO /£Z /£0 ` I 10. ALLONGE TOE THIS NOTE If an allonge providing for payment adjustments or for any other suppplemental information is exe- cuted by the 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 apart of this Note. [Check applicable box] ❑ Graduated Payment Allonge ❑ Other [Specify] ❑ Other (8pecify] 11. UNIFORM SECURED NOTE This note Is a uniform instrument with limited variations In some jurisdictions. In addition to the pro- tections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the 'Security instrument "), dated the same date as this Note, protects the Note Holder from possible losses which might result ff I do not keep the promises which I make in this N09. That Security Ins tru rnom des- cribes how and under what conditions I may be required to make immediate payment in foil of all amounts I owe under this Nate. Some of those conditions are described 04 follows: Regulations (38 C.F.R. Part 36) issued under the Department of veteran's Affaks ("V.A. ") Guaranteed Loan Authority (38 U.S.C, Chapter 37) and in effect on the date of loan closing shall govern the rights, duties and liabilities of the parties to this loan and any provisions of this Note which are incon- sistent with such regulatlons are hereby amended and supplemented to conform thereto. WITNESS THE✓ HAND(S) AND SEAL(S) OF THE UNDERSIGNED TEIzRESA A GERST - Borrower (Seal) -Borrower Pay to the order of (seal) - Borrower Without Recourse FLEET NAMNAL BANK (Seal) BY 1h, C •eorraver ARTLESS McNEIL F l orll Document Executing Officer Pay to t k EU YXT101VAL BAS without recourse Gateway Funding Diversified Mortgage Servlces, L.P. Its General Par er: G teway fiunding, Inc. ��, �,A , AnthohoR Bruno Asst. Vice President MULTISTATE F1X5D RATE NOTE— Singlo Family — UNIFORM INSTRUMENT V320o3.irm 12/00 mis Rev. 3/01 MIA (page 3 of 3 pa2ea) fiQU � aaly ilo5No3 8t Ol SLd L11 X i' OT - TT I'da TO /L' /CO EXHIBIT B Zucker, Goldberg & Ackerman, LLC XVP- 173905 062 -PA -V3 e. LEGAL DESCRIPTION ALL that certain tract of land with the improvements erected thereon situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point. on the south side of Elm Street at a corner of lands now or formerly of Brian K. Raudabaugh; thence along the south side of Elm Street South 76 degrees 05 minutes 00 seconds East. a distance of 53.48 feet to an iron pin; thence along Lot 1A on the hereinafter stated subdivision plan South 15 degrees 50 minutes 59 seconds West a distance of 23.04 feet to an iron pin; thence along the same South 15 degrees 14 minutes 53 seconds West a distance of 76.99 feet to an iron pin on the north side of Lynn Avenue; thence along the north side of Lynn Avenue North 76 degrees 05 minutes 00 seconds West a distance of 52.27 feet to a point at a corner of lands now or formerly of Brian K. Raudabaugh; thence along lands now or formerly of Brian K. Raudabaugh North 14 degrees 41 minutes 43 seconds East a distance of 100.01 feet to a point on the south side of Elm Street, the point and place of BEGINNING. BEING Lot No. 1 on the Final Minor Subdivision Plan of the Myrtle M. Goodhart Estate recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 70, Page 126, and containing 5,278.24 square feet. BEING improved with a two and one -half story dwelling house known as 140 Elm Street, Carlisle, Pennsylvania. BEING the same premises which Earl D. Caufman and Nancy Caufman, his wife, by their deed dated October 28, 1999 and.recorded in the Office of the Recorder of Deeds, aforesaid, in Deed Book 210, Page 670, granted and conveyed to Teresa A. Gerst, the Mortgagor herein. 8�ti1( 4 PAO , VERIFICATION Darren Britt, hereby states that (oshe is Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff in this matter, that�&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 o is her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: Darren Britt Title: Vice President Loan Documentation Company: Wells Fargo Bank, N.A. Date: 07/11/2013 i 086 -PA -V2 File # 173905 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, NO.. VS. ( �, 7: Teresa A. Gerst; � rTl .: Defendant. _ U') C ,` { C `> 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 Zucker, Goldberg & Ackerman, LLC XVP- 173905 the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. TIDS PROGRAM IS FREE. ZUCKER, GOLDBERG CKERMA'N, L By: Dated: July , 2013 Scott A. D' tt j qui e; PA I.D. 55650 Kimberly A. o / 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 XVP- 173905/emed 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233 -8500; (908) 233 -1390 FAX Email: Office @zuckergoldberg.com Zucker, Goldberg & Ackerman, LLC XVP- 173905 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 XVP- 173905 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 /Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Zucker, Goldberg & Ackerman, LLC XVP- 173905 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 XVP- 173905 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, NO.. VS. Teresa A. Gerst; 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 XVP- 173905 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, NO.. VS. Teresa A. Gerst; 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 XVP- 173905 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 XVP- 173905 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson �-jL ED- Ir,._ Sheriff -. H }t g t jl_ R t lC.. i�l�J I�1'a�I�W�,� I r�iEt F Jody S Smith Chief Deputy ;> 2013 JUL 29 AM 9: 5)6 Richard W Stewart CUMBERLAND Li NFTYl' Solicitor PENNSYLVANIA Wells Fargo Bank, N.A. Case Number vs. Teresa A Gerst 2013-4228 SHERIFF'S RETURN OF SERVICE 07/23/2013 09:33 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: Teresa A Gerst at 140 Elm Street, Carlisle Borough, Carlisle, PA 17013. q J ON KINSLER, DEPUTY SHERIFF COST: $34.78 SO ANSWERS, 22� July 24, 2013 RONW R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft,Inc: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank,N.A. CIVIL DIVISION Teresa A.Gerst; Defendant. C) 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 propertV 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 faWfica jtJon to authorities. lSgna re f Uefenclant's Date Legal Representative 9 ad 13 k�ature of Defendant Signature of Defendant Date Zucker,Goldberg&Ackerman,LLC _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA (-) C_- Wells Fargo Bank, N.A., Civil Plaintiff M,� r : % C-� �D vs. : No. 13228 -r Teresa A. Gertz, ` an v Defendant Civil Action-Mortgage Foreclosure �y PRAECIPE FOR ENTRY OF APPEARANCE IN FORECLOSURE ACTION TO THE PROTHONOTARY: Please enter the appearance of Richard Koch, Esquire as counsel on behalf of Teresa A. Gertz, the defendant in this action. RESPECTFWSUBM ED, fticfWrd Koch, Esq ire 6 Clouser Road Mechanicsburg, PA 17055 (717) 691-1882 ID# 92956 Foreclosure attorney for defendant CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Request for Conciliation Conference and the Praecipe for Entry of Appearance in Foreclosure Action in case 13-4228, upon the plaintiff, by depositing same in the United States Mail, first class mail, postage prepaid, on the 23rd day of August 2013, from Mechanicsburg, Pennsylvania, addressed as follows: Zucker, Goldberg &Ackerman, LLC attention: Jaime R. Ackerman, Esquire 200 Sheffield Street Suite 101 Mountainside, NJ 07092 RESPECTFULLY SUBMI D, is r Koch, Esquire 6 Clouser Road Mechanicsburg, PA 17055 (717) 691-1882 ID# 92956 ILEED-Or" ICE IN THE COURT OF COMMON PLEAS OF CF THE r R O T HO N O T A R';` CUMBERLAND COUNTY, PENNSYLVANIA 2G13 AUG 29 M 2: 35 Wells Fargo Bank,N.A., Civil CUMBERLAND COUNTY Plaintiff PENNSYLVANIA No. 13-4228 vs. Teresa A. Gerst, Defendant Civil Action-Mortgage Foreclosure CASE MANAGEMENT ORDER AND NOW,this oZ�I day A20TtAhe 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 ourt-supervised conciliation conference on&Nev io ao/3 atw� �i' �' at the Cumberland County Courthouse, Carlisle,Pennsylvania. 2. At least twenty-one (2 1)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 defendantiborrower'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, 14 J. J. IN THE COURT OF COMMON PLEAS OF rnO CUMBERLAND COUNTY, PENNSYLVANIA 4 T4 -:H9 cr,r- d7CIt Wells Fargo Bank, N.A., : Civil �� r, < -v v--- Plaintiff : c-) Ica No. 13-4228 r>.)c -7 vs. • Teresa A. Gerst, Defendant • Civil Action-Mortgage Foreclosure MOTION FOR EXTENSION OF TIME OF CONCILIATION CONFERENCE 1. On July 22, 2013, Plaintiff in this action filed a complaint in foreclosure against Defendant. 2. On August 29, 2013, this Court ordered a Conciliation Conference to be held on October 10, 2013. 3. Due to printer problems, the Defendant/borrower in this case was not able to complete the Financial Worksheet, also known as Form 2, of the Cumberland County Residential Mortgage Diversion Program early enough to give the Plaintiff time to review it. 4. The Defendant/borrower believes that she can reach a settlement with the Plaintiff. Therefore, the Defendant/borrower asks this court to grant an extension of time for the Conciliation Conference to at least October 31, 2013. FDb�r � Date ' char Koch, Esq. PA Attorney number 98956 6 Clouser Road Mechanicsburg, PA 17055 717-691-1882 CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Motion for Extension of Time of Conciliation Conference in case 13-4228, upon the plaintiff, by depositing same in the United States Mail, first class mail, postage prepaid, on the 2nd day of October 2013, from Mechanicsburg, Pennsylvania, addressed as follows: Zucker, Goldberg & Ackerman, LLC attention: Jaime R. Ackerman, Esquire 200 Sheffield Street Suite 101 Mountainside, NJ 07092 RESPECTFULLY SUBMITTED, ichard Koch, Esquire 6 Clouser Road Mechanicsburg, PA 17055 (717) 691-1882 ID# 92956 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank,N.A., : Civil '' t`�F� Plaintiff • PENNSYLVANIA • No. 13-4228 vs. • Teresa A. Gerst, Defendant • Civil Action-Mortgage Foreclosure CASE MANAGEMENT ORDER AND NOW,this 9 day of 20/3 the defendant/borrower in the above-captioned residential mortgage foreclosure action having filed a Motion for Extension of Time of Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to ici ate ir\a co superv' d conciliation conference on 7i t4pii a2d. gr if 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 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. 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 r 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, ;St - J. Cop('es /ILL tiL, . Ker.& 1944/J. ik .m&3 / 0/9/1..3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ca, y7 Wells Fargo Bank,N.A., Civil ca. • Plaintiff -a? • No 13-4228 • c1� vs. ,�, r y • 1pfi , Teresa A. Gerst, • -:7 Defendant Civil Action-Mortgage Foreclosure MOTION FOR EXTENSION OF TIME OF CONCILIATION CONFERENCE 1. On July 22, 2013, Plaintiff in this action filed a complaint in foreclosure against Defendant. 2. On August 29, 2013,this Court ordered a Conciliation Conference to be held on October 10, 2013. 3. On October 9, 2013,this Court ordered the Conciliation Conference date extended to November 22, 2013. 4. The Defendant/borrower in this case forwarded Form 2 of the Cumberland County Residential Mortgage Diversion Program to the Plaintiff in good time, but was not able to supply the accompanying documents to the Plaintiff in time for an adequate review. 5. The Defendant/borrower believes that she can reach a settlement with the Plaintiff. 6. The attorney for the Plaintiff, Ralph Salvia, Esq., concurs in this request. • Therefore, the Defendant/borrower asks this court to grant an extension of time for the Conciliation Conference to at least January 6, 2014. 17 ti/ - / 9/ '7o/ Date '' 'chars Koch, Esq. PA Attorney number 98956 6 Clouser Road Mechanicsburg, PA 17055 717-691-1882 CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Motion for Extension of Time of Conciliation Conference in case 13-4228, upon the plaintiff, by depositing same in the United States Mail, first class mail, postage prepaid, on the 19th day of November 2013, from Mechanicsburg, Pennsylvania, addressed as follows: Zucker, Goldberg & Ackerman, LLC attention: Ralph Salvia, Esquire 200 Sheffield Street Suite 101 Mountainside, NJ 07092 RESPECTFULLY SUBMITTED, t d Rchard Koc , Esquire 6 Clouser Road Mechanicsburg, PA 17055 (717) 691-1882 ID# 92956 • ASS ...::,.` ...,: cp :_ C31 WELLS FARGO BANK,N.A., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION—LAW : NO. 13-4228 CIVIL TERESA A. GERST, Defendant : MORTGAGE FORECLOSURE ORDER AND NOW, this 72" day of November, 2013, at the request of counsel, the conciliation conference in the above matter set for November 22, 2013, is continued to Friday, January 10, 2014, at 3:30 p.m. in Chambers of the undersigned. BY THE COURT, A AL Kevin Hess, P. J. ✓Ralph Salvia, Esquire P. O. Box 650 Hershey, PA 17033 For the Plaintiff i/Richard Koch, Esquire `°.,` 6 Clouser Road 'C•-• Mechanicsburg, PA 17050 cr v.) 7 For the Defendant rte'c.6 :rim eP%o6 e,s ma./ /tV >l a� 37-.z /e/G IN THE COURT OF COMMON PLEAS OF r c' ,Iiu,tio sr� CUMBERLAND COUNTY, PENNSYLVANIA 2014 JAN 0 �fl f l+ 59 Wells Fargo Bank, N.A., Civil CUMBER/ ANQ CQ Plaintiff �'Etdh1S YL VANIA T Y No. 13-4228 vs. Teresa A. Gerst, • Defendant • Civil Action-Mortgage Foreclosure MOTION FOR EXTENSION OF TIME OF CONCILIATION CONFERENCE 1. On July 22, 2013, Plaintiff in this action filed a complaint in foreclosure against Defendant. 2. On August 29, 2013, this Court ordered a Conciliation Conference to be held on October 10, 2013. 3. On October 9, 2013, this Court ordered the Conciliation Conference date extended to November 22, 2013. 4. On November 22, 2013, this Court ordered the Conciliation Conference date extended to January 10, 2014. 5. The Defendant/borrower in this case forwarded Form 2 of the Cumberland County Residential Mortgage Diversion Program to the Plaintiff in good time, and the accompanying documents to the Plaintiff, but the Plaintiff has requested additional items for review. 6. The Defendant/borrower believes that she can reach a settlement with the Plaintiff. 7. The attorney for the Plaintiff, Ralph Salvia, Esq., concurs in this request. Therefore, the Defendant/borrower asks this court to grant an extension of time for the Conciliation Conference to at least February 28, 2014. gill/1411i Date / ichard och, Esq. PA Attorney number 98956 6 Clouser Road Mechanicsburg, PA 17055 717-691-1882 CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Motion for Extension of Time of Conciliation Conference in case 13-4228, upon the plaintiff, by depositing same in the United States Mail, first class mail, postage prepaid, on the 9th day of January 2014, from Mechanicsburg, Pennsylvania, addressed as follows: Zucker, Goldberg & Ackerman, LLC attention: Ralph Salvia, Esquire 200 Sheffield Street Suite 101 Mountainside, NJ 07092 RESPECTFULLY SUBMITTED, / I / Ri and Koch, Esquire 6 Clouser Road Mechanicsburg, PA 17055 (717) 691-1882 ID# 92956 IN THE COURT OF COMMON PLEAS OF r- CUMBERLAND COUNTY, PENNSYLVANIA rriM t{yr= zs•• - Wells Fargo Bank, N.A., Civil ' `'�+ Plaintiff t --L# No. 13-4228 , vs. .. � • Teresa A. Gerst, Defendant : Civil Action-Mortgage Foreclosure CASE MANAGEMENT ORDER AND NOW, this of/,otday o 0/y 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`9'y/��+ , 7 d e/y at,41,31M. in ebAniva ' y 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 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. 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, `& - J. Capl'es !Nat Rig/ . kck 1/a///y WELLS FARGO BANK, N.A., Plaintiff iCE (.F THE TROTHONOTA, 2ThIiAR —7 PM I:0 -13 • • IN THE COURT OF COMMON 011-ffer iiD COUNTY • • CUMBERLAND COUNTY, PENNSKVAA NI vs. : CIVIL ACTION — LAW : NO. 13-4228 CIVIL TERESA A. GERST, Defendant : MORTGAGE FORECLOSURE IN RE: CONCILIATION CONFERENCE Present at a conciliation conference held March 7, 2014, were Ralph Salvia, Esquire, attorney for the plaintiff; Richard Koch, Esquire, attorney for the defendant; and Teresa Gerst, the homeowner. Despite the best efforts of the defendant, there have been problems with respect to the submission and/or receipt of documents in this case. The plaintiff was requested to notify the defendant within fourteen (14) days as to whether there are any further documents which are required for review of this matter by the bank. With the hope that a review of the matter will be completed by then, a continued conciliation conference is set by order of even date herewith. ORDER AND NOW, this lit day of March, 2014, it is ordered and directed that the plaintiff notify the defendant within fourteen (14) days as to whether there are any documents which remain outstanding for the review of this matter. Continued conciliation conference is set for Friday, May 9, 2014, at 2:30 p.m. in Chambers of the undersigned. BY THE COURT, Ralph Salvia, Esquire P. 0. Box 650 Hershey, PA 17033 For the Plaintiff .Xichard Koch, Esquire 6 Clouser Road Mechanicsburg, PA 17050 For the Defendant :rim C.CX Ptc1-1.1-gst 3/ 10 /V WELLS FARGO BANK, N.A., : IN THE COURT OF COMMON PLEAS OF Plaintiff vs. TERESA A. GERST, Defendant AND NOW, this 9� the loan modification in this case, : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION — LAW : NO. 13-4228 CIVIL : MORTGAGE FORECLOSURE ORDER day of May, 2014, it appearing that there has been approval of this matter is removed from the Cumberland County Mortgage Foreclosure Diversion Program and the stay entered in this case is lifted. 4alph Salvia, Esquire P. O. Box 650 Hershey, PA 17033 For the Plaintiff /anene Rimolo Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street Mountainside, NJ 07092 i/Itichard Koch, Esquire 6 Clouser Road Mechanicsburg, PA 17050 For the Defendant :rlm BY THE COURT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION vs. Teresa A. Gerst; TO THE PROTHONOTARY: Plaintiff, Defendant. NO.: 2013-04228 cn63 G PRAECIPE TO SETTLE, DISCONTINUE AND END c,� c�cc„ z, • %cam Please mark the case filed at the above -captioned term and number SETTLED, DISCONTINUED and ENDED, without prejudice. Respectfully Submitted: ZUCKER, GOLDBERG & ACKERMAN, LLC BY: L Scott ietterick, E;,.�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 Jana Fridfinnsdottir, Esquire; PA I.D. #315944 Brian Nicholas, Esquire; PA I.D. #317240 Denise Carlon, Esquire; PA I.D. #317226 Roger Fay, Esquire; PA I.D. #315987 Attorneys for Plaintiff XVP-173905/dcr 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX