HomeMy WebLinkAbout13-5659 Supreme Court of Pennsylvania
Courfoff Common Pleas
1l�Cover, Sheet For Prothonotary Use Only.
C A, BE Y LAND County Docket No:
�-- 13 -51x59 civirrerm
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: Wells Fargo Bank, NA Lead Defendant's Name: Mark Scanlan
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 Se] Litigant)
Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
❑ Intentional ❑ Buyer Plaintiff Administrative Agencies
❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment
❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections
❑ Nuisance ❑ Dept. of Transportation
❑ Premises Liability ❑ Statutory Appeal: Other
S
f 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:
O ❑ Asbestos
❑ Tobacco
N ❑ Toxic Tort- DES
❑ Toxic Tort Implant REAL PROPERTY MISCELLANEOUS
❑ Toxic Waste
F1 Other: E:1 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
XFP- 181725
062 -PA -V3
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK, NA, CIVIL DIVISION
r-±
Plaintiff, NO.: 13 - 560
vs. �d r t
M F
TYPE OF PLEADING��
Mark Scanlan; Flor Nallely Scanlan; cn r\,) �C''
CIVIL ACTION - COMPLAINT r �'�'
Defendants. IN MORTGAGE FORECLOSURE c -)
C5 r�
TO: DEFENDANTS
-
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE FILED ON BEHALF OF:
ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS Wells Fargo Bank, NA °
FROM SERVICE HEREOF OR A 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
111 North Baltimore Avenue Kimberly A. Bonner, Esquire
Mount Holly Springs, PA 17065 -1202 Pa. I.D. #89705
Joel A. Ackerman, Esquire
CERTIFICATE OF LOCATION Pa I.D. #202729
I HEREBY CERTIFY THAT THE LOCATION OF Ashleigh Levy Marin, Esquire
THE REAL ESTATE AFFECTED BY THIS LIEN IS Pa I.D. #306799
111 North Baltimore Avenue Mount Holly Springs PA 17065 -1202 Ralph M. Salvia, Esquire
Municipality: Mount Holly Springs
01 Pa I.D. #202946
Jaime R. Ackerman, Esquire
ATTdYNEWFOR PLAINTIFF Pa I.D. #311032
ATTY FILE NO.: XFP 181725 200 Sheffield Street, Suite 101
Mountainside, NJ 07092
(908) 233 -8500
(908) 233 -1390 FAX
office (ozuckergoldberg.com
File No.: XFP- 181725/rbo
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Wells Fargo Bank, NA CIVIL DIVISION
Plaintiff,
VS. NO.: �3 F J �D I a jytt
Mark Scanlan; Flor Nallely Scanlan; W
Defendants. �
r
s
C:) C j ,
NOTICE TO DEFEND
— a < sl .
X�- J
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
$ 103. �5 Pp ATM
Of 53 743
JL
�,' aR
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Wells Fargo Bank, NA CIVIL DIVISION
Plaintiff,
VS. NO..
Mark Scanlan; Flor Nallely Scanlan;
Defendants.
AVISO
LISTED HA SIDO DEMANDADO /A EN CORTE. Si usted desea defenderse de la demanda establecida en
las siguientes paginas, debe tomar acci6n 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.
LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN
ABOGADO 0 NO PUEDE PAGAR LINO, LLAME 0 VAVA A LA SIGUEINTE OFICINA PARA AVERIGUAR
DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
NOTICE TO DEFEND LAWYER REFERRAL
Cumberland County Bar Association Cumberland County Bar Association
32 S. Bedford Street 32 S. Bedford Street
Carlisle, PA 17013 Carlisle, PA 17013
Phone (800) 990 -9108 Phone (800) 990 -9108
(717) 249 -3166 (717) 249 -3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Wells Fargo Bank, NA CIVIL DIVISION
Plaintiff,
vs. NO..
Mark Scanlan; Flor Nallely Scanlan;
Defendants.
CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE
And now comes Wells Fargo Bank, NA, by its attorneys, Zucker, Goldberg & Ackerman, LLC,
and files this Complaint in Mortgage Foreclosure as follows:
1. The Plaintiff is Wells Fargo Bank, NA, (hereinafter "plaintiff ") with its place of
business located at 3476 Stateview Blvd., Ft. Mill, SC 29715.
2. The Defendant, Mark Scanlan, is an individual whose last known address is 111 North
Baltimore Avenue, Mount Holly Springs, PA 17065 -1202.
3. The Defendant, Flor Nallely Scanlan, is an individual whose last known address is 111
North Baltimore Avenue, Mount Holly Springs, PA 17065 -1202.
4. Wells Fargo Bank, NA, directly or through an agent, has possession of the Promissory
Note. Wells Fargo Bank, NA is either the original payee of the Promissory Note or the Promissory
Note has been duly indorsed. A true and correct copy of said Promissory Note is marked Exhibit A,
attached hereto and made a part hereof.
5. On or about February 25, 2009, Mark Scanlan and Flor Nallely Scanlan, husband and
wife made, executed and delivered to Wells Fargo Bank, N.A. a Mortgage in the original principal
amount of $180,097.00 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 19, 2009, Instrument #200908160. 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.
6. Plaintiff is the current mortgagee.
Zucker, Goldberg & Ackerman, LLC
XFP- 181725
062 -PA -V3
7. Mark Scanlan and Flor Nallely Scanlan, husband and wife are record and real owners
of the aforesaid mortgaged premises.
8. Defendants are in default under the terms of the aforesaid Mortgage for, inter alia,
failure to pay the monthly installments of principal and interest due April 1, 2013.
9. As of 08/23/2013 the amount due and owing Plaintiff by Defendants) is as follows:
Principal $168,595.94
Interest through 08/23/2013 $4,020.50
Escrow Advance $1,727.92
Late Charges $321.76
Inspection Fees $15.00
Total $174,681.12
plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania Law,
actually and reasonably incurred by Plaintiff, including but not limited to, costs (including escrow
advances) and Plaintiff's attorneys' fees and expenses. Plaintiff reserves the right to file a motion in
the above - captioned action to add such additional sums authorized under the Mortgage and
Pennsylvania Law to the above amount due and owing when incurred.
10. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's
Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and /or
Notice of Default as required by the mortgage document, as applicable, have been sent to the
Defendant(s).
11. This action does not come under Act 91 of 1983 because the mortgage is FHA
insured.
12. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is
not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in
a separate legal action if such right exists. If Defendant(s) have received a discharge of personal
liability in a bankruptcy proceeding, this action is in no way an attempt to re- establish such liability.
Zucker, Goldberg & Ackerman, LLC
XFP- 181725
062 -PA -V3
WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount
due of $174,681.12 with interest thereon plus additional costs (including additional escrow
advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged
premises.
ZUCK , GOLDBERG & ACKERMAN, LLC
BY: WaR/ /2� .
Dated: Scott A. Dietterick, Esquire; A . D. #55650
Kimberly A. Bonner, Esquire; PA I.D. #89705
Joel A. Ackerman, Esquire; PA I.D. #202729
Ashleigh L. Marin, Esquire; PA I.D. #306799
Ralph M. Salvia, Esquire; PA I.D. #202946
Jaime R. Ackerman, Esquire; PA I.D. #311032
Attorneys for Plaintiff
XFP- 181725/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 U FOR THAT PURPOSE.
Zucker, Goldberg & Ackerman, LLC
XFP- 181725
062 -PA -V3
EXHIBIT A
Zucker, Goldberg & Ackerman, LLC
XFP- 181725
062 -PA -V3
NOTE 1 Caw 'No.
FEBRUARY 25, 2009
Lp:niq
111 NORTH BALTIMORZ AVE, MOUNT HOLLY SPRING, PA 17065
(1`101)eny Addre iil
1. PARTIES
" Borrower" means eaelt ix nnn sij,nirlp at the evil cif this N ote. and the person "s succen:;ars tend arzigos. "L.endcr" mcans
WELLS FARGO HANK, N.A.
and ilk suceesm^ and w;sigm.
?. BORROWER'S PRON91SE: TO PAY; iV f'F REST
In rriuru lily a Inaa rt cci\•ed from Lender- Borrower pronli%cs to pay t)lc principal situ ofONE HUNDRED EIGHTY
THOUSAND NINETY -SEVEN AND NO /100
I)uliar, (t1,X, r 180, 097.00 ), pill% inla`L�I, to the order of Lender. lntew.m will hr charged on unp. principal,
from the date ofdixhursctnum of I'Ile IOttr. prta•acds by Lender, at the rata ofFZVF
percent( 5.000 %) per year until the hill amount of"principal hus hccli paid.
3. 1 PAY SCC:URF0
Burrowei's promise IIi pay is n6cured h4 a miutpagc. dvrd of trust Or similar s -TI.n ity instrument that is dalod the same date
:Is this Nuw and callad the " `wkwity tsistniment." 'Tbc Security hisinnrlant proieets Ilse 1.L'11&T ti oln lOssus which might /rosins if
Borrower dcfauln under this Notc.
4. MANNER OF PA S NIEN I'
(A) Time
Borrower shall omkn a payment of principal and interest to Lender On the first day of cash month beginning on
APRIL . 2009 . Any principal and interest remaining on the first day tir MARCH
2039 will be.. due: on chat date, which is called rbe "�N7aturity Dalu."
(H) Phsee
llaynlent shall lac made uT WELLS FARGO SANK, N.A.
P.O. BOX .11.701, NEWARK, NJ 07101-4701 or at suoll place as Lender i flay dcsignate in t4riting
by notice Ili Borruwet.
(C) Anlnunt
Each mrsnthly pilymenl of principal mod interest will be in the aunount of (I.S, $ s+• *vs *966. 80 Thk amount
will be part of a larg.rr monthly payment mquired by Ilia Security Instrument, that shall he :applied to principal, interest and
other items in the order dcxwribod ill the. Sccnrity Instrument.
(0) Allnnge if) this Note for payment adjustments
W all allmlec providing for paylmllt adjustuwnt. is cxecutLd by Borrower togalut Willi this Now. the cow lianm Of
dw allonge shall he incorporated into and shall amend ntid supplement Ilic covcnanis of this Note as if tlic allots a Were a punt ot` �
this Note. [Check applicable bo.el
t_ �^ �
. 6radometi Pay'nioli. Allonyc 1__]6 owiOg Iitlu _ ity Allonge t. 0111cr Ispecifyj
5, BORROWER'S RI( II V 1 - 0 PREPAY
130n has the right u) pay the debt evidenced by this Note, in whole or in pan. without charge or penalty, on the first �
day Of ally Illmlill. L ruder skill al'1:4.7it pft:P ;Nolen! 1711 Wiwi days provided Ilial h1 a7r)wwr 1KIyi inter cm flak the aniount prepaid for
the n•Inaindcr (if the month Ill the extent ruq tired by Lender and permitted by rcgulatiuns of tilt Seerelary, if Borrower makes a
panud prepayment, fhere N'ill tic net clvulgcs in the due daw or Ili the alnouu) of the monthly payment uric +s Lender agrees in
writings to Ill , changes.
-1R iosnq Flc\ \luttictxre flwd !rare Note - IuNS i
YIAV 0.t at('adt3ri rC1uxta. IBMI57e.7 %91
rva f �; Y 4.ca+1:
l
I
I
i
a
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i
I
n. 130It12tAVER'S FAILURE TO PAY
(A) Late ( "llat -2e for Overdue Payments
If tender has not received the 11111 Inanithly payanunt required by the Security instrumetit, as dm- rihl in Paragraph
4(t.� i 1 of this OtC, by The Lod Of tittl - l'n calendar day alt the payment i% due. L,cndcr may collect: a late charge in the amount of
'FOUR Irurecm ( d . 000 %) [it the overdue amount of cash payment.
(0) Default
Ef l3t >r=ol + °cr defaults by tailing to pay in full any monthly pavrnultt, then 1,01dCr ma_Y. CXCCpt as limned by rcgulalinnv
of tic Su•rouiry in the case of payment dchauhs. require imnlvtliate payment in full of the principal balance rcmanring due and
all necioed interest. Lander may choose not to cscrctse this option without waiving its rights in the event at' any subsequent
dCfall+II, In many cireunutaneci regulations issued by the Sceretary will Beall Lundvils rigin, to require irnmeditdc payment in
full in the cilsc of payment dcfaolls. 'i hi" Note Itlte. lntt authorize acculcration when not permitted by HUD regulation,, As used
in thi< Note. "Seerctary" nicans (lie Secretary of hiousitip and Urban Dt;vclrpment or his or her desigoce.
(C) Payment of Casts and Expenses
If I•ender I1a.5 rcgair4 :d ilmoediate M YOwn't ill fill),, as desi'l lbed abovc. Lender may rcgtiim l)orro wel err pity costs and
expanse. including misouabte and customary aartorneys fees tsrr enforcing this Note to the extent not ptohitliml by applicable
law, Such fees and costs shall bear interest firm ncc date of disburscmant at the same rate its the principal of this Note.
7. ► ►'AIVCAS+
Borrower and ;ill)- other person who has obligation' under 1'hi: Note waive the, rights of piesentment and notice of
di 'honor. "plescnun[ n +" mean Ill.. right ae rcgoirc Lender to demand payment of nmomns title. "Nolice of dishomx" means the
right to require Loldor iu give notice lo otbcr pw,ans that ilmocrnls [haa have nor heerl paid.
H. frIVINIG OF NOTICE'S
Uotcs, applicable law rc quiie:s it differert method. any notic : that most be given to Borrower under this Note will lx given
by delivering it or by mailing it by firs class moil to Borrower at the property address above or at a different address if
Borrower has given Lcodcr it antics of 1 er owci's different address,
Any ooiice that niusl be given to Leveler render this Note will he given by first clans mail to Lender at the aaddre,s stated in
IemtaRraph 4(3) or at a ditlefcm address if Borrower is given a notice ofthat different addrm,
9. f 1WR.ATIQNS OF PERSONS L!NIM12 THIS NC)'1'1's
if owrw than otm poison sikaus this Note. each person is fully and personally obligated la keep all of the ptmniscs made in
this tot[:. including the promise la pay the fill amount owed. Any pcoam who is it guarantor, surety or endorser of this :Vote is
also oliiipateti to des these things, Any per <ori who takes 0r 1:1` these tiltligations. including the obligation, of a t;tarilmur, .surety
or V,n1m..aa of [hit,, Now. is also obligated to keep nil of the promriscs made in this Nvtc. U :1 cr may ctiforce its rights under this
Note against each pervon Individually or a gnin.r all xi; naloric=s together. Any one persam signing ibis Note may be required Co
pay all of the amounts owed under this Nate.
BY SMNINU B F1.0"'. Borrower accrin ant! ,agrees tt,t the tcmis and ctrvenants contained in this Note.
(Sea ) (seal)
__........__.,,..
- mom.... -
- tlarrmo.r XdRX SCANId#N //(�J/�' •rkrnnu>,>r
Y
(Sold) (Burl
- nnrniwes LELY S • .LAN .Rnrrrnr: °r
(Seal) (Seal)
.nnn MCr .sacral nutir
. - Rremne.:r >Tlutrnenr
i
i
•1h (Qrx,ti Nart.2 X'L WETMOUT RECOURSE
FAY TO THE ORDER OF
i W91 LIZ FARGO BANK, N.A,
BY n m In 1 1 -
JGAt+MM. MEE LS VICE PRESIDE NT
EXHIBIT B
Zucker, Goldberg & Ackerman, LLC
062 -PA -V3 XFP- 181725
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ul�Ow aQ0e0yopy Imm pa owo4tn4 Imelueas AtelleN
MA Pun UDIUMS N1QY1 Chin po t anu06 pUV pvl utJ9',tdq e60 'QQZ''MOe uI •eluo OWUbd , pu01 "Who M
Auf'0O e41 put ul 00600 40 JOP4*4I1 0 410 O+U10 OtA ul'R t 19 AM POP)m PUe'LOOZ '1 Y defy
PeiePpe3C1 q ' uleJelp 'MuJI000IQ41004 NON '¢OOL'®i.punt
19ft4 fiMI'1 U*Mh(04M QeslulAa I O WN 04 ONltI9
'"My wwm qwx 111 it P"=" po wwq Aye "*"a AWAM
owl a1 Avalloo OW4 4 u pa w t p %ew > pa pv Of I
qlappullm" anpommmv papm DOUG
OPJ➢eWq >! '+ "blew
'it A ) *Xft 0 OM *i�0p 10 40=0 00 AMIG" RA RjMN eq1 do pae
'ialle pq p L t Aq sotA ap to 1=4M - &t 4m*q) p wwmo p )
I" C4 %mmo10 wIfew PUN pmoq me wiQ Im" Aq mo
Na�.dl��eeo �vaati '• � .
a
VERIFICATION
Steve DeFurio, hereby states tha he he is Vice President Loan Documentation
of WELLS FARGO BANK, N.A., plaintiff in this matter, th he /s a is authorized to
make this Verification, and verify that the statements made in the foregoing Civil Action
in Mortgage Foreclosure are true and correct to the best o his er information and belief.
The undersigned understands that this statement is made subject to the penalties of 18 Pa.
C.S. Sec. 4904 relating to unsworn falsification to authorities.
ame: Steve DeFurio
Title: Vice President Loan Documentation
Company: Wells Fargo Bank N.A.
Date: 09/09/2013
086 -PA -V2 File # 181725
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Wells Fargo Bank, NA CIVIL DIVISION
Plaintiff, (3 _5(o.�, 0,11 virT�rm vs. NO.:
Mark Scanlan; Flor Nallely Scanlan;
Defendants.
- r -
C"') n:
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE CD
t
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 Mid Penn
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 MiclPenn Legal Service for
the appointment of a legal representative. However, you must provide your lawyer with all requested
financial information so that a loan resolution proposal can be prepared on your behalf. If you and your
lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a
Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60)
days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is
scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to
work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds
forward.
Zucker, Goldberg & Ackerman, LLC
XFP- 181725
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 & ACKERMAN, LLC
By:
Dated: September'; 013 Scott . Dietterick, Esquire; P I.D. #55650
Kimberly A. Bonner, Esquire; PA I.D. #89705
Joel A. Ackerman, Esquire; PA I.D. #202729
Ashleigh L. Marin, Esquire; PA I.D. #306799
Ralph M. Salvia, Esquire; PA I.D. #202946
Jaime R. Ackerman, Esquire; PA I.D. #311032
Attorneys for Plaintiff
XFP- 181725/cper
200 Sheffield Street, Suite 101
Mountainside, NJ 07092
(908) 233 -8500; (908) 233 -1390 FAX
Email: Office @zuckergoldberg.com
Zucker, Goldberg & Ackerman, LLC
XFP- 181725
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
XFP- 181725
Assets Amount Owed Value:
Home: $ $
Other Real Estate: $ $
Retirement Funds: $ $
Investments: $ $
Checking: $ $
Savings: $ $
Other: $ $
Automobile #1 : Model: Year:
Amount owed: Value:
Automobile #2 : Model: Year:
Amount owed: Value:
Monthly Income
Name of Employers:
1.
2.
3.
Additional Income Description (not wages):
1. Monthly amount:
2. Monthly amount:
Borrower Pay Days: Co- Borrower Pay Days:
Monthly Expenses (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
2 nd Mortgage Utilities
Car Payment(s) Condo /Neigh. Fees
Auto Insurance Med. (not covered)
Auto fuel /repairs Other prop. payment
Install. Loan Payment Cable TV
Child Support/Alim. Spending Money
Day /Child Care /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
XFP- 181725
Have you made application for Homeowners Emergency Mortgage Assistance Program
(HEMAP) assistance?
Yes ❑ No ❑
If yes, please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your
delinquency?
Yes ❑ No ❑
If yes, please indicate the status of those negotiations:
Please provide the following information, if known, regarding your lender or lender's loan servicing
company:
Lender's Contact (Name): Phone:
Servicing Company (Name):
Contact: Phone:
AUTHORIZATION
I /We, , authorize the above named to use /refer this
information to my lender /servicer for the sole purpose of evaluating my financial situation for possible
mortgage options. I /We understand that I /we am /are under no obligation to use the services provided
by the above named
Borrower Signature Date
Co- Borrower Signature Date
Please forward this document along with the following information to lender and lender's counsel:
V Proof of Income
V Past 2 bank statements
V Proof of any expected income for the last 45 days
V Copy of current utility bill
V Letter explaining reason for delinquency and any supporting documentation (hardship letter)
V Listing agreement (if property is currently on the market)
Zucker, Goldberg & Ackerman, LLC
XFP- 181725
i
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Wells Fargo Bank, NA CIVIL DIVISION
Plaintiff,
NO..
VS.
Mark Scanlan; Flor Nallely Scanlan;
Defendants.
REQUEST FOR CONCILIATION CONFERENCE
Pursuant to the Administrative Order dated February 28, 2012 governing the Cumberland
County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies
as follows:
1. Defendant is the owner of the real property which is the subject of this mortgage
foreclosure action;
1. Defendant lives in the subject real property, which is defendant's primary residence;
2. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion
Program" and has taken all of the steps required in that Notice to be eligible to participate in
a court- supervised conciliation conference.
The undersigned verifies that the statements made herein are true and correct. I understand
that false statements are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn
falsification to authorities.
Signature of Defendant's Counsel /Appointed Date
Legal Representative
Signature of Defendant Date
Signature of Defendant Date
Zucker, Goldberg & Ackerman, LLC
XFP- 181725
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Wells Fargo Bank, NA CIVIL DIVISION
Plaintiff,
NO..
VS.
Mark Scanlan; Flor Nallely Scanlan;
Defendants.
CASE MANAGEMENT ORDER
AND NOW, this day of ,20 ,the defendant /borrower in the above -
captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference
verifying that the defendant /borrower has complied with the Administrative Rule requirements for the
scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that:
1. The parties and their counsel are directed to participate in a court- supervised conciliation
Conference on at M. in at the
Cumberland County Courthouse, Carlisle, Pennsylvania.
1. At least twenty -one (21) days prior to the date of the Conciliation Conference, the
defendant /borrower must serve upon the plaintiff /lender and its counsel a copy of the
"Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet"
(Form 2) which has been completed by the defendant /borrower. Upon agreement of the parties
in writing or at the discretion of the Court, the Conciliation Conference ordered may be
rescheduled to a later date and /or the date upon which service of the completed Form 2 is to be
made may be extended. Upon notice to the Court of the defendant /borrower's failure to serve
the completed Form 2 within the time frame set forth herein or such other date as agreed upon
by the parties in writing or ordered by the Court, the case shall be removed from the
Conciliation Conference schedule and the temporary stay of proceedings shall be terminated.
2. The defendant /borrower and counsel for the parties must attend the Conciliation Conference in
person and an authorized representative of the plaintiff /lender must either attend the
Conciliation Conference in person or be available by telephone during the course of the
Conciliation Conference. The representative of the plaintiff /lender who participates in the
Conciliation Conference must possess the actual authority to reach a mutually acceptable
Zucker, Goldberg & Ackerman, LLC
XFP- 181725
resolution, and counsel for the plaintiff /lender must discuss resolution proposals with the
authorized representative in advance of the Conciliation Conference. If the duly authorized
representative of the plaintiff /lender is not available by telephone during the Conciliation
Conference, the Court will schedule another Conciliation Conference and require the personal
attendance of the authorized representative of the plaintiff /lender at the rescheduled
Conciliation Conference.
3. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and
explore all available resolution options which shall include: bringing the mortgage current
through a reinstatement; paying off the mortgage; proposing a forbearance agreement or
repayment plan to bring the account current over time; agreeing to tender a monetary payment
and to vacate in the near future in exchange for not contesting the matter; offering the lender a
deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the
mortgage default over sixty months; and the institution of bankruptcy proceedings.
4. All proceedings in this matter are stayed pending the completion of the scheduled conciliation
conference.
BY THE COURT,
J.
Zucker, Goldberg & Ackerman, LLC
XFP- 181725
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.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson J
r
Sheriff
Jody S Smith ° OCT —4 Pill J�. S
Chief Deputy
Richard W Stewart PE
Solicitor � �c �:rFn S YLVA jql L,
Wells Fargo Bank Case Number
vs. 2013-5659
Mark Scanlan (et al.)
SHERIFF'S RETURN OF SERVICE
10/01/2013 08:06 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: Mark
Scanlan at 111 North Baltimore Avenue, Mt. Holly Borough, Mt. Holly Springs 7065.
SH HALL,
10/01/2013 08:06 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 handing
a true copy to a person representing themselves to be Mark Scanlan- Husband,who accepted as"Adult
Person in Charge"for Flor Nallely Scanlan at 111 North Baltimore Avenue, Mt. H Ily Borough, Mt. Holly
Springs, PA 17065.
ALL, DEPU
SHERIFF COST: $51.91 SO ANSWERS,
October 02, 2013 RbNW R ANDERSON, SHERIFF
p;i Coull"Su'.W Sham,Teieosoft na
r� w
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYn NxA, y'
Wells Fargo Bank, NA
CIVIL DIVISION O
Plaintiff,
Vs.
NO C' rr L
.: 13-5659CIVILTER
Mark Scanlan; Flor Nallely Scanlan; '~
GO
Defendants.
PRAECIPE TO SETTLE DISCONTINUE AND END
TO THE PROTHONOTARY:
Please mark the case filed at the above-captioned term and number SETTLED, DISCONTINUED
and ENDED, without prejudice.
Respectfully Submitted:
ZUCKER, GOLDBERG &ACKERMAN, LLC
BQ.P��
Scott A. Dietterick, Esquire; PA I.D. #55650
Kimberly A. Bonner, Esquire; PA I.D.#89705
Joel A.Ackerman, Esquire; PA I.D. #202729
Ashleigh L. Marin, Esquire; PA I.D.#306799
Ralph M.Salvia, Esquire; PA I.D. #202946
Jaime R.Ackerman, Esquire; PA I.D. #311032
Jana Fridfinnsdottir, Esquire; PA I.D.#315944
Brian Nicholas, Esquire; PA I.D.#317240
Denise Carlon, Esquire; PA I.D. #317226
Attorneys for Plaintiff
XFP-181725/dcr
200 Sheffield Street,Suite 101
Mountainside, NJ 07092
(908) 233-8500; (908) 233-1390 FAX