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Home My WebLink About13-5122 Supreme Court of Pennsylvania yj Cour6fof Co i6n Pleas Civil COVeir, Sheet For Prothonotary Use Only: CUMBERLAND County Docket No: The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S ® Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E Lead Plaintiffs Name: U.S. Bank National Association, as Trustee, Lead Defendant's Name: Pamela J. Gaul C successor in interest to Bank of America, National Association, as Trustee, successor by merger to LaSalle Bank National Association, T as Trustee for Morgan Stanley Mortgage Loan Trust 2007 -3XS I Are money damages requested ?: ❑ Yes ® No Dollar Amount Requested: within arbitration limits 0 (Check one) x outside arbitration limits N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJ Appeal? ❑ Yes ® No A Name of Plaintiff /Appellant's Attorney: Scott A. Dietterick, Esq. c/o Zucker, Goldberg & Ackerman, LLC ❑ 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.ludgnients) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not include S mass tort) ❑ Employment Dispute: E ❑ Slander /Libel /Defamation Discrimination [__1 Other: E] Employment Dispute: Other C ❑ Toning Board T ❑ Other: I MASS TORT ❑ Other: 0 ❑ Asbestos ❑ Tobacco N ❑ Toxic Tort- DES ❑ Toxic Tort- Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste F Other: El Ejectment El 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 1/1//2011 Zucker, Goldberg & Ackerman, LLC XCP- 177138 062 -PA -V3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, AS CIVIL DIVISION TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF rr AMERICA, NATIONAL ASSOCIATION, AS NO.: TRUSTEE, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR TYPE OF PLEADING MORGAN STANLEY MORTGAGE LOAN TRUST 2007 -3XS, CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, VS. FILED ON BEHALF OF: U.S. Bank National Association, as Trustee Pamela J. Gaul; successor in interest to Bank of America, National Association, as Trustee, successor Defendant. by merger to LaSalle Bank National Association, as Trustee for Morgan Stanlev TO: DEFENDANT Mortgage Loan Trust 2007 -3XS YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE COUNSEL OF RECORD FOR THIS PARTY: ENTERED AGAINST YOU. I HEREBY CERTIFY THAT THE ADDRESS ZUCKER, GOLDBERG & ACKERMAN, LLC OFTHE PLAINTIFF I5: 3476 Stateview Blvd. Scott A. Dietterick, Esquire Ft. Mill, SC 29715 Pa. I.D. #55650, AND THE DEFENDANT: Kimberly A. Bonner, Esquire C: 1102 Market Street, Unit 5 Pa. I.D. #89705 —el New Cumberland, PA 17070 -1675 { o Joel A. Ackerman, Esquire `_ :.) c -VM Pa I.D. #202729 cn C7 Ashleigh Levy Marin, Esquire r te- 2=° rt CERTIFICATE OF L TION � 7' C- — q I H REBY CERT TH T THE LOCATION OF Pa I.D. #306799 � t'3 TH EAL E F CTED BY THIS LIEN IS Ralph M. Salvia, Esquire '�" C:: -�- 110 M k re it A -5 a k a Unit 5 New Cumberland PA 1001-4,64 Pa I.D. #202946 Muni ali e u rland Jaime R. Ackerman, Esquire -� Pa I.D. #311032 ATT N Y R PLAINTIFF 200 She Street, Suite 101 Mountainside, NJ 07092 A FI ENO.: XCP 177138 (908) 233 -8500 (908) 233 -1390 FAX office @zuckergoIdberg.com File No.: XCP- 177138/rbo 0 # 9 So 00 i I IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. Bank National Association, as Trustee, CIVIL DIVISION successor in interest to Bank of America, National Association, as Trustee, successor by NO.: merger to LaSalle Bank National Association, as Trustee for Morgan Stanley Mortgage Loan Trust 2007 -3XS Plaintiff, VS. Pamela J. Gaul; 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 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. Bank National Association, as Trustee, CIVIL DIVISION successor in interest to Bank of America, National Association, as Trustee, successor by NO.: merger to LaSalle Bank National Association, as Trustee for Morgan Stanley Mortgage Loan Trust 2007 -3XS Plaintiff, vs. Pamela J. Gaul; 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 proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso respondiendo personalmente o por medio de un abogado una comparecencia esc rita y radicando en la Corte por escrito sus defensas y objeciones a las demandas establecidas en su contra. Se le advierte de que si usted falla en tomar accion como se describe anteriormente, el caso puede proceder sin usted sin previo aviso y un fallo por cualquier suma de dinero reclamada en la demanda 0 cua Iquier otra reclamacion o remedio solicitado por el demandante, puede ser dictado en contra suva por la Corte. Usted puede perder dinero o propiedades u otros derechos importantes para usted. 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 U.S. Bank National Association, as Trustee, CIVIL DIVISION successor in interest to Bank of America, National Association, as Trustee, successor by NO.: merger to LaSalle Bank National Association, as Trustee for Morgan Stanley Mortgage Loan Trust 2007 -3XS Plaintiff, VS. Pamela J. Gaul; Defendant. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes U.S. Bank National Association, as Trustee, successor in interest to Bank of America, National Association, as Trustee, successor by merger to LaSalle Bank National Association, as Trustee for Morgan Stanley Mortgage Loan Trust 2007 -3XS, by its attorneys, Zucker, Goldberg & Ackerman, LLC, and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is U.S. Bank National Association, as Trustee, successor in interest to Bank of America, National Association, as Trustee, successor by merger to LaSalle Bank National Association, as Trustee for Morgan Stanley Mortgage Loan Trust 2007 -3XS, (hereinafter "plaintiff ") c/o Wells Fargo Bank, NA, with its place of business located at 3476 Stateview Blvd., Ft. Mill, SC 29715. 2. The Defendant, Pamela J. Gaul, is an individual whose last known address is 1102 Market Street, Unit 5, New Cumberland, PA 17070 -1675. 3. U.S. Bank National Association, as Trustee, successor in interest to Bank of America, National Association, as Trustee, successor by merger to LaSalle Bank National Association, as Trustee for Morgan Stanley Mortgage Loan Trust 2007 -3XS, directly or through an agent, has possession of the Promissory Note. U.S. Bank National Association, as Trustee, successor in interest to Bank of America, National Association, as Trustee, successor by merger to LaSalle Bank National Association, as Trustee for Morgan Stanley Mortgage Loan Trust 2007 -3XS 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. Zucker, Goldberg & Ackerman, LLC 062 -PA -V3 XCP- 177138 4. On or about August 14, 2006, Pamela J. Gaul, unmarried woman made, executed and delivered to Mortgage Electronic Registration Systems, Inc., as nominee for First National Bank of Arizona a Mortgage in the original principal amount of $114,320.00 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 August 17, 2006, in Mortgage Book \Volume 1962, Page 3112. 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 September 4, 2012, the mortgage was assigned to US Bank National Association, as Trustee, successor in interest to Bank of America, National Association, as Trustee (successor by merger to LaSalle Bank National Association) as Trustee for Morgan Stanley Mortgage Loan Trust 2007 -3XS which assignment is recorded in the Office of the Recorder of Deeds for Cumberland County, Instrument #201226889. 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. Pamela J. Gaul is the record and real owner 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 November 1, 2012. 8. As of 08/19/2013 the amount due and owing Plaintiff by Defendant(s) is as follows: Principal $103,323.21 Interest through 08/19/2013 $ 7,181.86 Escrow Advance $ 1,593.44 Late Charges $ 207.25 Inspection Fees $ 75.00 Total $112,380.76 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 Zucker, Goldberg & Ackerman, LLC XCP- 177138 062 -PA -V3 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 appl,icable, have been sent to the Defendant(s). 10. 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. WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $ 112,380.76 with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs a d f f r cl ure and sale of the mortgaged premises. ZUCKER, B & CKERMAN, LLC A 1 � BY: Dated:. Scott A. Die Brick, Esquire; PA I.D. #55650 Kimberly d. onner, 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 XCP- 177138/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 P Zucker, Goldberg & Ackerman, LLC XCP 177138 062 -PA -V3 EXHIBIT A Zucker, Goldberg & Ackerman, LLC XCP- 177138 062 -PA -V3 A • NOTE August 14, 2006 FAIRFAX [Date] VA ICinq [9ak1 1102 -5 Market Street, New Cumberland, PA 17070 [Property Address) I. BORROWER'S PROMISE TO PAY In return fora loan that I have received, 1 promise to pay U,S. 5 114, 320.00 (this amount is called "Principal "), Plus interest, to the order of the Lender, The Lender is First National Bank of Arizona I will make all payments under this Note in the form of cash, check or money order. 1 understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note }folder." 2. JiVI :REST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 7.875 b. The interest rate required by this Section 2 is the rate I will pay both before and after any dcfaull described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1st day of each month beginning on October 1, 2006 1 will make these payments every month until 1 have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on September 1 , 2036 1 still owe amounts under this Note, 1 will pay those amounts in ful[ on that date, which is called the "Maturity Date." I will make my monthly payments at P.O. BOX 62768, PHOENIX, A2 85085 -2768 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 828. 90 4, BORROWER'S RIGHT TO PREPAY 1 have the right to make payments of Principal at any time before they are due. A payment of Principal 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 made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment [o reduce the Principal amount of the Note. if I make a partial Prepayment, there will be no changes in the duc date or in the amount of my monthly payment unless the Note Holder agrees in vatting to those changes. III—i ISTAI It NXEO RATE NOTE- Single Family- Fannie Mae /Freddie Mac UNIFORM INSTRUMENT (0-5N t0202t.ot Form 3200 1 /01 O VMP MORTGAGE FORMS - {8001571.129)^ lt/ I Pngo 1 of 3 Initi6li: 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 collected 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 the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder rimy 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 for Overdue Payments If the Note Hoider has not received the full amount of any monthly payment by the end of fifteen calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5. 000 ;<: of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default if I do not pay the full amount of each monthly payment on the date it is due, 1 will be in default. (C) Notice of Default If I am in default, 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 [Weans. (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 I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay inuncdiately 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 vote 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 the under this Note will be given by delivering it or by mailing 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 mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address it' I am given a notice of that different address. S. 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. The Note Holder may enforce its righcs 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 trader 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 he Note Holder to give notice to other persons that amounts due have not been paid. Form 32 -5N (0207101 PaAe 2 ai � iv :;ain(��l -t-t/• 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions, In addition to the protections given to e Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument "), dd the sane date as this Note, protects the Note Holder from possible losses which might result if 1 do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I nla he required to make immediate payment in full Of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instmment. However, this option shale not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less that 30 days front the date the notice is given in accordance with Section 15 within which Borrower must pay all suns secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by dris Security Instrument without further notice or demand on Borrower. CAUTION —IT IS IMPORTANT THAT YOU THOROUGHLY READ THE CONTRACT BEFORE YOU SIGN IT. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) (Seal) Pamela J. Ga 1 Borrower •Borro.er (Seal) (Seal) - Borrower - Borro,aer (Seal) (Seal) -Borrower - Borrower (Seal) (Seal) Borrower - Borrower [Sign Original Only] R ►• (0.5N 10207).01 ❑eve 7 >i a m Form 3200 1/01 0 st BANK OF NEVADA 1665 West Alameda Drive Tempe, AZ 85282 Office (480) 224 -7000 Fax (602) 636 -7388 ALLONGE TO NOTE LOAN NUMBS' BORROWER: Gaul IN THE AMOUNT OF: $114,320.00 PAY TO THE ORDER OF: FIRST NATIONAL BANK OF NEVADA WITHOUT RECOURSE BY: A AMYAW *ASSI E PRESIDENT FIRST NATIONAL BANK OF ARIZONA PAY TO THE ORDER OF: WITHOUT RECOURSE BY: AMY HA S, ASSISTANT VICE PRESIDENT FIRST NATIONAL BANK OF NEVADA EXHIBIT B Zucker, Goldberg & Ackerman, LLC XCP- 177138 062 -PA -V3 First American Title insurance Company Comte — SCHEDULE C PROPIb'RT1r DEScrdp 'IC1N1 The land referred to In this Commitment Is described as follows; ALL THAT CERTAIN Unit, being Unit A5 a/ka No. 5 (the "Unit"), a � of Mark Townes, A Condominium,. located In New Cumberland Borough, Cumberland County. Pennsylvani which Una Is nailed In the Dedaratlon of Marketplace Townes. A Condominium ( the "Dad Cumberland County at Book 718, Page 4ti0t1 and Pla o n d pla�omi iudedre nthe Recorder.$ Office of n the Cumberland County In Book 84, Page 43, on October 30, 2001. Recorder's Office of TOGETHER with an undivided 5 . 8 8235 %"Interest In Common Elements as more particularly set forth In the aforesaki Declaration of Condominium and Plats and Plans, as amended afaresaid. TOGETHER with t% right to use "any limfted wmrnon elements ` Pursuant to the Declaration of Condominium, o amended. applicable to the Unit being conveyed herein, IT IS UNDERSTOOD and agreed that the above described premises may have had or has easements and ri In streets, alleys and alleyway, whether unopended, undedicated, vacated or paper between 11th and 12th Streets and Market and &W Streets street hts on Dana for areas easements, rights and interests are conveyed by theta Grantor with Cumberland, Pennsylvania and that all such for Grantor, themselves, their heirs and assigns, for current or future real i�ebe interests a nd n other p rese rved bounded b the above at reets but not conveyed on this deed with the above described premises. THE GRANTEE, for and on behalf of the Grantee and the Grantee's heir,, personal representatives, s and assigns, by the acceptance of this deed, covenants and ogre" Elements r eplacem en ts and other expesnes In connection with the Co norms Elements and a Llm�Nad Common enants to said Unit as may be assessed y by the ExeWtve Board of the Marketplace Townes Condommiinium him, her, them, h or said Unit, from time to time Condominium Act of Pennsylvania, and forth covenants and �asoclation In accordance with the Uniform sublect to a Ilan for ail amounts so assessed except Nectar �eereaa that the Unit conveyed by this deed shall be and or Unit hereby cony yed and all subsequent ownther �(. h saki Una 8 tondo w1th a t bind the rel Act kY Prior unpakl assessments. This covenant shall run with and UNDER AND SUBJECT to restrictions, reservations, easements and right of way of record or visible. BE ING the Recorder Deeds Offlc9 Ina d 1W H urrrberl�e d Jana County In by k 26e P daW 411 Oct 8, 2004 and recorded J r ,l `Certify this to be recorded , ri Cumberland County pA I ALTA C ar"Nmant } scheeuls C �� N VERIFICATION Daniel Edward, hereby states th 70he is Vice President Loan Documentation Of WELLS FARGO BANK, N.A., mortgage servicing agent for plaintiff in this matter that he she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of 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. Further, due to its mortgage servicing agency relationship with plaintiff, WELLS FARGO BANK, N.A. is in possession and control of all documents and records supporting the statements in the foregoing pleading and, therefore, the undersigned, rather than an officer or employee of plaintiff, is the appropriate individual to make this Verification pursuant to Pa.R.C.P. 1024(c). N Daniel Edward Title: Vice President Loan Documentation Company: Wells Fargo Bank, NA. Date: 08/20/2013 085 -PA -V2 File # 177138 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. Bank National Association, as Trustee, CIVIL DIVISION successor in interest to Bank of America, National Association, as Trustee, successor by NO.. / 1, merger to LaSalle Bank National Association, as Trustee for Morgan Stanley Mortgage Loan Trust 2007 -3XS Plaintiff, rn VS. r W C0 Pamela J. Gaul; Defendant. qC ;,.� NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do. so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to Zucker, Goldberg & Ackerman, LLC XCP- 177138 work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT I AND TAKE THE STEPS REQUIRED BY THIS NOTICE. TIDS PROGRAM IS FREE. ZUCKE , OL C E MAN, LLC By: Dated: August c7CD , 2013 Scott A. 1 i - etteric , squire; PA I.D. #55650 Kimb rly �Marin, Bonner, Esquire; PA I.D. #89705 Joel A Ac�man, Esquire; PA I.D. #202729 Ashleig L, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 Attorneys for Plaintiff XCP- 177138/ns 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233 -8500; (908) 233 -1390 FAX Email: Office @zuckergoIdberg.com Zucker, Goldberg & Ackerman, LLC XCP- 177138 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date: Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete• your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUSTOM .. 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 XCP- 177138 Assets Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1 : Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. Monthly amount: 2. Monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 " Mortgage Utilities Car Payment(s) Condo /Neigh. Fees Auto Insurance Med. (not covered) Auto fuel /repairs Other prop. payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Zucker, Goldberg & Ackerman, LLC XCP- 177138 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 XCP- 177138 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. Bank National Association, as Trustee, CIVIL DIVISION successor in interest to Bank of America, National Association, as Trustee, successor by NO.: merger to LaSalle Bank National Association, as Trustee for Morgan Stanley Mortgage Loan Trust 2007 -3XS Plaintiff, VS. Pamela J. Gaul; 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 XCP- 177138 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. Bank National Association, as Trustee, CIVIL DIVISION successor in interest to Bank of America, National Association, as Trustee, successor by NO.: merger to LaSalle Bank National Association, as Trustee for Morgan Stanley Mortgage Loan Trust 2007 -3XS Plaintiff, .vs. Pamela J. Gaul; 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 Zucker, Goldberg & Ackerman, LLC XCP- 177138 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. 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 XCP- 177138 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 1 1,Ap of IOilittpe Jody S Smith E OCT - C: Chief Deputy • Richard W Stewart CUr1 t Li U Low i Solicitor :',pc '14 ,w=M,EFr PENNSYLVANIA U.S. Bank National Association vs. Case Number Pamela J Gaul 2013-5122 SHERIFF'S RETURN OF SERVICE 09/16/2013 05:05 PM- Deputy Shawn Gutshall, 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: Pamela J Gaul at 1102 Market St, Unit 5, New Cumberland, PA 17070. / SH•WN ITSHALL,:PUTY SHERIFF COST: $47.21 SO ANSWERS, September 20, 2013 RONNY R ANDERSON, SHERIFF ou^rySt1 C,h3rr Te.e osof. ...c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. Bank National Association, as Trustee, CIVIL DIVISION • successor in interest to Bank of America, National Association, as Trustee,successor by NO.: 13-5122 • merger to LaSalle Bank National Association, as Trustee for Morgan Stanley Mortgage Loan Trust . 2007-3XS • • Plaintiff, • vs. Pamela J. Gaul; _ ' Defendant. t c.Y.a PRAECIPE TO SETTLE, DISCONTINUE AND END °=C c? TO THE PROTHONOTARY: 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: �� Scott A. Dietterick, Es q uit'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 Attorneys for Plaintiff XCP-177138/dcr 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX