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HomeMy WebLinkAbout13-6268 Supreme Court of Pennsylvania Court o C 0 Pleas _ For Prothonotary Use Only: d vib veTr, Sheet C6WlaRL,AN I 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 ofpleadings 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: US Bank National Association, as Trustee Lead Defendant's Name: Elena Yarlett C for MASTR Alternative Loan Trust 2004 -11 T Are money damages requested ?: ❑ Yes ® No Dollar Amount Requested: within arbitration limits I (Check one) X outside arbitration limits t O N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJ Appeal? ❑ Yes ® No I 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 I ❑ Premises Liability ❑ Statutory Appeal: Other S F1 Product Liability (does not include mass tort) ❑ Employment Dispute: ❑ Slander/Libel/Defamation Discrimination 4 E ❑ Other: El Employment Dispute: Other C E] Zoning Board T ❑ Other: I MASS TORT ❑ Other: O ❑ Asbestos ❑ Tobacco N ❑ Toxic Tort- DES ❑ Toxic Tort Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Other: F1 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 4 ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated I /1//2011 Zucker, Goldberg & Ackerman, LLC XCZ- 153792 062 -PA -V3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS TRUSTEE CIVIL DIVISION FOR MASTR ALTERNATIVE LOAN TRUST 2004 -11, l � NO.: 'lJ��w� ,�tl1 .Plaintiff, VS. TYPE OF PLEADING Elena Yarlett; James L. Yarlett; CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Defendants. FILED ON BEHALF OF: TO: DEFENDANTS YOU ARE HEREBY NOTIFIED TO PLEAD TO THE US Bank National Association, as Trustee for ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS MASTR Alternative Loan Trust 2004 -11 FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. COUNSEL OF RECORD FOR THIS PARTY: i HEREBY CERTIFY THAT THE ADDRESS OFTHE PLAINTIFF IS: ZUCKER GOLDBERG & ACKERMAN, LLC 3476 Stateview Blvd. Ft. Mill, SC 29715 Scott A. Dietterick, Esquire . AND THE DEFENDANT: Pa. I.D. #55650 C 3 r at a 1389 Waggoners Gap Road Kimberly A. Bonner, Esquire` — - Carlisle, PA 17013 —� Pa. I.D. #89705 Joel A. Ackerman, Esquire q z~ f.a CD CERTIFICATE OF LOCATION Pa I.D. #202729 I H ERE BY CERTIFY THAT TH E LOCATION OF Ashleigh Levy Marin, Esquires THE REAL ESTATE AFFECTED BY THIS LIEN IS Pa I.D. #306799 3' c 19 Nicolas Drive, Carlisle PA 17015 -7931 2 -- CD C- f ' 7 Municipality: Dickinson Ralph M. Salvia, Esquire — c - a Pa I.D. #202946 Jaime R. Ackerman, Esquire ATTORNEY FOR PLAINTIFF Pa I.D. #311032 ATTY FILE NO.: XCZ 153792 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233 -8500 (908) 233 -1390 FAX office @zuckergoIdberg.com File No.: XCZ- 153792/rbo aq� 3st 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 US Bank National Association, as Trustee for CIVIL DIVISION MASTR Alternative Loan Trust 2004 -11 Plaintiff, NO.: VS. Elena Yarlett; James L. Yarlett; Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND LAWYER REFERRAL Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990 -9108 Phone (800) 990 -9108 (717) 249 -3166 (717) 249 -3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US Bank National Association, as Trustee for CIVIL DIVISION MASTR Alternative Loan Trust 2004 -11 Plaintiff, NO.: VS. Elena Yarlett; James L. Yarlett; Defendants. AVISO LISTED 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 lquier 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 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 US Bank National Association, as Trustee for CIVIL DIVISION MASTR Alternative Loan Trust 2004 -11 Plaintiff, NO.: VS. Elena Yarlett; James L. Yarlett; Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes US Bank National Association, as Trustee for MASTR Alternative Loan Trust 2004 -11, by its attorneys, Zucker, Goldberg & Ackerman, LLC, and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is US Bank National Association, as Trustee for MASTR Alternative Loan Trust 2004 -11, (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, Elena Yarlett, is an individual whose last known address is 1389 Waggoners Gap Road, Carlisle, PA 17013. 3. The Defendant, James L. Yarlett, is an individual whose last known address is 1389 Waggoners Gap Road, Carlisle, PA 17013. 4. US Bank National Association, as Trustee for MASTR Alternative Loan Trust 2004 -11, directly or through an agent, has possession of the Promissory Note. US Bank National Association, as Trustee for MASTR Alternative Loan Trust 2004 -11 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 XCZ- 153792 062 -PA -V3 5. On or about April 29, 2004, Elena Yarlett, married and James L. Yarlett made, executed and delivered to Wells Fargo Home Mortgage, Inc. a Mortgage in the original principal amount of $209,000.00 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 May 7, 2004, in Mortgage Book \Volume 1864, Page 4177. 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. By Assignment of Mortgage recorded September 12, 2011, the mortgage was assigned to US Bank National Association, as Trustee for MASTR Alternative Loan Trust 2004 -11 which assignment is recorded in the Office of the Recorder of Deeds for Cumberland County, Instrument #201125199. 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. Elena Yarlett, married woman, is the record and real owner 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, 2011. Zucker, Goldberg & Ackerman, LLC XCZ- 153792 062 -PA -V3 9. As of 10/09/2013 the amount due and owing Plaintiff by Defendants) is as follows: Principal $187,640.47 Interest From03/01/2011 to 10/09/2013 $ 30,553.03 Late Charges $ 321.70 Escrow Advance $ 24,097.85 Property Inspections $ 340.00 Property Preservations $ 2,597.88 BPO /Appraisals $ 85.00 Escrow Balance $ 0.00 Credits Advance Credit $ 0.00 Total $245,635.93 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 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. Zucker, Goldberg & Ackerman, LLC XCZ- 153792 062 -PA -V3 WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount r. due of $245,635.93 with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. ZUCKER, GOLDBERG & ACKERMAN, LLC l�J 6 � O AO I � By Dated: Scott tt A. Dieerick , Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 Attorneys for Plaintiff XCZ- 153792/rbo 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233 -8500; (908) 233 -1390 FAX Email: Office @zuckergoldberg.com THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Zucker, Goldberg & Ackerman, LLC XCZ 153792 062 -PA -V3 04/29/2004 13:34 4123225755 � BRCj ,4<;P.S_SETTLEFAENT PAGE 64/80 YPoor Quality Or 9 41XED RATE NOTE APRIL 28,_2004 PITTSBURGH PENNSYLVANIA Data Chy State 19 NICHOLAS DRIVE, CARLISLE PA 17013 {Prepe?ty MIMS$) 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. 209.000.00 (this amount is called "Principal - ). plus interest, to the order of the Lender. The Lender is WELLS FARGO HOME MORTGAGE INC I will make all payments under this Note In the form of cash, check or money order, I 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 Holder," 2. INTEREST Interest will be charged on unpaid principal unlit the full amount of Principal has been paid. I will pay interest at a yearly rate of 6,250 %. The Interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section GIB) 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 first day of each month beginning on JUNE 1, 2004 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Euch monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal, If, on MAY 1, 2034 1 still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at WELLS FARGO HOME MORTGAGE, INC. P.O. BOX 10304 DES MOINES, IA 50306 -0304 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. $ 1,286.85 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 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 all of 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 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 in writing to those changes. MULTISTATE FIXED NOTE- SiMI• Femiry - FNMAIFHLMC UNIFOR11 INSTRUMENT loRM x200 14f 1 of ] FC0111- REV. W3102 04/29/2004 13:34 4123225755 BROKERS SETTLEMENT PAGE 65/86 'Poor Quality Original` 5. 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 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 for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 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, I w(11 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 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 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 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 attorney's fees. T. 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 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 if I am given a notice of that different address, B. 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, surely 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 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 ibis 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 give notice to other persons that amounts due have not been paid, F4VVISTATE FMEO NOTE • Sinus FwAV - FNMPIFHLMC UNIFORM III4TRUMENT PORN 0399 V91 Q eIS 9C9411. REV. IWMWO3 I I I , I 04/29/2004 13:34 4123225755 BROKERS SETTLEMENT PAGE 66/80 'Poor Quality Ofiginat 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections 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 if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment In full of all amounts that I owe under this Note. Some of those conditions are described as follows: If all or any part of the Proerty or any Interest in the Property is sold or transferred (or If Borrower fs not a naturarperson and a beneficial interest in Borrower Is sold or transferred) without Lender s prior written consent, Lender may require immediate p ayment in full of all sums secured by this Security Instrument. However, this option shall 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 than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower falls to pay thes su tns p for to the expiration of thi parloo, Lender may invoke any remedies permitted by Ais Security Instrument without furtA:1 notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) MCNA �, rower (Sign Original Only) WITHOUT RECOURSE / PAY TO THE ORDER OF WELLS F' CO HOME MORTGAGE, INC. By Joan M. Mils, vice president MULTMATE RXED NOTE • 91nOfE F"IIy. ONNNFMLMC UNIFORM INSTRUMCNr FORM 020t 1101 a 017 EC011L REV. 0612"E 1 EXHIBIT B Zucker, Goldberg & Ackerman, LLC XCZ- 153792 062 -PA -V3 I078 -I' YARLETT, ELENA EXHIBIT A ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF DICKINSON IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING DESCRIBED AS FOLLOWS: LOT 35 ON THE FINAL SUBDIVISION PLAN FOR PHASE I OF NICHOLAS MANOR. BEING MORE FULLY DESCRIBED IN A FEE SIMPLE DEED DATED 08/06/2002 AND RECORDED 08/19/2002, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN VOLUME 253 PAGE 1014. TAX PARCEL ID: 08- 09- 0523 -108 ADDRESS: 19 NICOLAS DRIVE CARLISE, PA 17013 i Certify this to be recorded In Cumberland County PA - i Recorder of Deeds $KI864PG4195 r VERIFICATION Leola McCray, hereby states that he/ he 's Vice President Loan Documentation of WELLS FARGO BANK, N.A., mortgage servicing agent for plaintiff in this matter that he /6i 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 his Ze information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn 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). 'A6 kl� Name: Leola McCray Title: Vice President Loan Documentation Company: Wells Fargo Bank, N.A. Date: 10/11/2013 File# 153792 085 -PA -V2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US Bank National Association, as Trustee for CIVIL DIVISION MASTR Alternative Loan Trust 2004 -11 Plaintiff, NO.: (� vs.p Elena Yarlett; James L. Yarlett; `"' Defendants. �* cn r NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE' ? - ` DIVERSION PROGRAM =' �e You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. Zucker, -Goldberg & Ackerman, LLC XCZ- 153792 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 : y� /JoN Dated: October , 2013 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 Attorneys for Plaintiff XCZ- 153792/ns 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233 -8500; (908) 233 -1390 FAX Email: Office @zuckergoIdberg.com Zucker, Goldberg & Ackerman, LLC XCZ - 153792 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 ER/PRI MARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? CO-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? 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 XCZ- 153792 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 2nd 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 XCZ- 153792 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 XCZ- 153792 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US Bank National Association, as Trustee for CIVIL DIVISION MASTR Alternative Loan Trust 2004 -11 Plaintiff, NO.: vs. Elena Yarlett; James L. Yarlett; 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 XCZ- 153792 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US Bank National Association, as Trustee for CIVIL DIVISION MASTR Alternative Loan Trust 2004 -11 Plaintiff, NO.: VS. Elena Yarlett; James L. Yarlett; 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 XCZ- 153792 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 XCZ- 153792 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson f7-UF� ; Sheriff a IHE i"ROTHONL �:atvutrr,�,r417� Jody s Smith _ 2013 NOY -8 pm 3'. Chief Deputy Richard W Stewart CUMBERLAND COUNTY Solicitor PENNSYLVANIA US Bank National Association Case Number vs. Elena Yarlett(et al.) 2013-6268 SHERIFF'S RETURN OF SERVICE 10/31/2013 11:12 AM-Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: James Leroy Yarlett, but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Served"at 19 Nicolas Drive, Dickinson Township, Carlisle, PA 17015. Residence is vacant. 10/31/2013 11:12 AM-Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Elena Yarlett, but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 19 Nicolas Drive, Dickinson Township, Carlisle, PA 17015. Residence is vacant. 11/01/2013 04:10 PM-Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Elena Yarlett, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 1389 Waggoners Gap Road, North Middleton, Carlisle, PA 17013, address does not exist in Cumberland County. 11/01/2013 04:10 PM-Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: James Leroy Yarlett, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 19 Nicolas Drive, Dickinson Township, Carlisle, PA 17015, address does not exist in Cumberland County. SHERIFF COST: $77.56 SO ANSWERS, November 04, 2013 RONW R ANDERSON, SHERIFF tk i-cl AYau iB SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy DEC Richard W Stewart ``' I ICI: Solicitor AND C3U1 PENNSYLVANIA US Bank National Association vs. Case Number Elena Yarlett (et al.) 2013-6268 SHERIFF'S RETURN OF SERVICE 10/31/2013 11:12 AM -Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: James Leroy Yarlett, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Served" at 19 Nicolas Drive, Dickinson Township, Carlisle, PA 17015. Residence is vacant. 10/31/2013 11:12 AM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Elena Yarlett, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 19 Nicolas Drive, Dickinson Township, Carlisle, PA 17015. Residence is vacant. 11/01/2013 04:10 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Elena Yarlett, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found" at 1389 Waggoners Gap Road, North Middleton, Carlisle, PA 17013, address does not exist. 11/01/2013 04:10 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: James Leroy Yarlett, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 1389 Waggoners Gap Road, North Middleton, Carlisle, PA 17015, address does not exist. SHERIFF COST: $77.56 SO ANSWERS, November 04, 2013 RON&R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US Bank National Association, as Trustee for CIVIL DIVISION MASTR Alternative Loan Trust 2004-11, NO.: 2013-06268 Plaintiff, vs. MOTION FOR ALTERNATE SERVICE ON DEFENDANT PURSUANT TO Elena Yarlett;James L.Yarlett; Pa.R.C.P. 430 Defendant(s). FILED ON BEHALF OF: US Bank National Association, as Trustee for MASTR Alternative Loan Trust 2004-11 COUNSEL OF RECORD FOR THIS PARTY: ZUCKER,GOLDBERG &ACKERMAN, LLC 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 Levy 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 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 (908)233-8500 (908) 233-1390 FAX office @zuckergoldberg.com File No.:XCZ- 153792/jf rn C_ ;tea 1 (ri t W 0 G> i0 wry: y,c c7 cry -� ON Zucker,Goldberg&Ackerman,LLC XCZ-153792 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US Bank National Association, as Trustee for CIVIL DIVISION MASTR Alternative Loan Trust 2004-11 . Plaintiff, NO.: 2013-06268 vs. • • Elena Yarlett;James L.Yarlett; • • Defendants. • • MOTION FOR ALTERNATE SERVICE PURSUANT TO Pa.R.C.P. 430 AND NOW, comes the Plaintiff, US Bank National Association, as Trustee for MASTR Alternative Loan Trust 2004-11, by and through its attorneys, Zucker, Goldberg & Ackerman, LLC, and files the within Motion for Alternate Service pursuant to Pa.R.C.P.430 as follows: 1. On or about October 25, 2013, Plaintiff filed its original Complaint in Mortgage Foreclosure ("Complaint") against the Defendant, Elena Yarlett, married woman and James L. Yarlett ("Defendant(s)"), at the above-captioned number and term. 2. Plaintiff directed the Sheriff of Cumberland County to serve Defendant(s) with the Complaint in Mortgage Foreclosure at defendant's last known address being 19 Nicolas Drive, Carlisle, PA17015-7931, but service was returned Property is vacant. A true and correct copy of said Return of Service from the Cumberland County Sheriff's Office is marked Exhibit "A", attached hereto and made a part hereof.. 3. Also, Plaintiff attempted service of the defendant by instructing the Sheriff of Cumberland County to serve defendant(s) at an alternate address being 1389 Waggoners Gap Road, Carlisle, PA17013, but return of service indicated Address does not exist. A copy of said return is marked Exhibit"B",attached hereto and made a part hereof. 4. An internet person locator search provided no alternative address for Defendant(s). 5. Plaintiff conducted an investigation to determine the whereabouts of Defendant(s), Elena Yarlett and James L.Yarlett, but all sources indicated no alternative address other than that of the Mortgaged Premises. An affidavit of Plaintiff's counsel regarding the investigation taken to determine the whereabouts of Defendant(s) is marked Exhibit"C",attached hereto and made a part hereof. 8. Plaintiff attempted to obtain concurrence of Defendant(s) Elena Yarlett and James L. Yarlett with the Motion, but Defendant(s)cannot be located,therefore no concurrence was obtained. 9. There has been no other motion filed in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court to permit Plaintiff to serve Defendant(s), Elena Yarlett and James L. Yarlett, with the Complaint and Notice of Sale, if necessary, by instructing the Cumberland County Sheriff's Office to POST a copy of same on the Mortgaged Premises, being 19 Nicolas Drive, Carlisle PA 17015-7931 and by mailing a copy, via Certified Mail, no signature required and First Class U.S. Mail, Postage Prepaid to 19 Nicolas Drive, Carlisle PA 17015-7931 and to 1389 Waggoners Gap Road, Carlisle, PA17013 with said service being valid and complete upon such posting and mailing in accordance with Pa.R.C.P.430. ZUCKER GOLDBERG &AC AN, LLC L4AI 4 J 1 Dated: December 17, 2013 BY: Scott . Dietterick, Esquire; P I.D.#55650 •erly A. Bonner, Esquire; PA.I.D.#89705 Joel A.Ackerman, Esquire; PA I.D.#202729 Ashleigh Levy 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 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 File No.:XCZ-153792 (908)233-8500; (908)233-1390 FAX E-mail: Office @zuckergoldberg.com I • t Zucker,Goldberg&Ackerman,LLC XCZ-153792 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ► 'LEO-OFFIC • Sheriff :.► " FHE PROTHONO nR't CA ti Jody S Smith aatisxr uur&rr/444 2813 Nay —8 "IC 3:N IT Y9 Chief Deputy Ct1MBERLANQ OU Richard W Stewart Solicitor OFF sCE OF NE SHERIFF PENNSYLVANIA US Bank National Association vs. Case Number Elena Yarlett(et al.) 2013-6268 SHERIFF'S RETURN OF SERVICE 10/31/2013 11:12 AM-Sheriff Ronny R Anderson, being duly sworn according to law,states he made diligent search and inquiry for the within named Defendant to wit:James Leroy Yarlett, but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Served"at 19 Nicolas Drive, Dickinson Township,Carlisle, PA 17015. Residence is vacant. 10/31/2013 11:12 AM-Ronny R Anderson,Sheriff,being duly sworn according to law,states he made diligent search and inquiry for the within named Defendant to wit: Elena Yarlett,but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 19 Nicolas Drive, Dickinson Township, Carlisle, PA 17015. Residence is vacant. 11/01/2013 04:10 PM-Ronny R Anderson,Sheriff,being duly sworn according to law,states he made diligent search and inquiry for the within named Defendant to wit: Elena Yarlett,but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 1389 Waggoners Gap Road, North Middleton, Carlisle, PA 17013,address does not exist in Cumberland County. 11/01/2013 04:10 PM-Ronny R Anderson,Sheriff,being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit:James Leroy Yarlett, but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 19 Nicolas Drive, Dickinson Township, Carlisle, PA 17015,address does not exist in Cumberland County. SHERIFF COST: $77.56 SO ANSWERS, November 04,2013 RON&R ANDERSON,SHERIFF {c.)CountySuite Sheriff,Tolkocott inc Exhibit Zucker,Goldberg&Ackerman,LLC XCZ-153792 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff "`X11. 0f combo., i ll i j i 1 Jody SSmith .1.° °4 _ it Pt- JIt L :U i4.1,. Chief Deputy e iI3DEC 16 AM 10: ti Richard W Stewart Solicitor rl;<i CUMBERLAND Cuuf� `r PENNSYLVANIA US Bank National Association Case Number vs. Elena Yarlett(et al.) 2013-6268 SHERIFF'S RETURN OF SERVICE 10/31/2013 11:12 AM -Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: James Leroy Yarlett, but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Served"at 19 Nicolas Drive, Dickinson Township, Carlisle, PA 17015. Residence is vacant. 10/31/2013 11:12 AM-Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Elena Yarlett, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 19 Nicolas Drive, Dickinson Township, Carlisle, PA 17015. Residence is vacant. 11/01/2013 04:10 PM-Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Elena Yarlett, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 1389 Waggoners Gap Road, North Middleton, Carlisle, PA 17013, address does not exist. 11/01/2013 04:10 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: James Leroy Yarlett, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 1389 Waggoners Gap Road, North Middleton, Carlisle, PA 17015, address does not exist. SHERIFF COST: $77.56 SO ANSWERS, November 04, 2013 RONNW R ANDERSON, SHERIFF Count,Suit.:Sherdi Tehosoft ire I It Zucker,Goldberg&Ackerman,LLC XCZ-153792 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US Bank National Association, as Trustee for CIVIL DIVISION • MASTR Alternative Loan Trust 2004-11 • Plaintiff, NO.: 2013-06268 • vs. • Elena Yarlett;James L.Yarlett; • Defendants. • AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Jana Fridfinnsdottir, Esquire, attorney for and authorized representative of Plaintiff, who being duly sworn according to law, deposes and says that Plaintiff, or counsel for Plaintiff, conducted an investigation to determine the whereabouts of Defendant(s), which included, but was not limited to searches of the following records: (X) Records of the U.S. Postmaster with results of same attached to the foregoing Motion. (X) Internet Person Locator Records (X) Credit Report Agency. (X) Telephone Directory (X) Records of the County Recorder of Deeds and Prothonotary Finally,Affidavit deposes and says that if Defendant(s) is/are not located at the address uncovered by this investigation,the whereabouts of Defendant(s) is/are unknown to Plaintiff. ZU KER,GOLDBERG : •MAN, LLC By: Dated: December 17, 2013 Ja . Fridfinnsdottir, Esq., P D#315944 y File No.:XCZ-153792 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 Email: Office @zuckergoldberg.com (908) 233-8500; (908) 233-1390 FAX Sw r1LX and bTh1tb20 .scribed before me this `� day of Notary •- • is My Commission Expires: COMMONMIEAUN OF PENNSYLVANIA NOTARIAL SEAL ELIUAET11 ANNE FAIRCMOK Notary Palk SWATARA TINr,DAUPNIN COUNTY My Commission Expires Jul 23,201T 'Comprehensive Report Page 1 of 18 Important: The Public Records and commercially available data sources used on reports have errors. Data is sometimes entered poorly,processed incorrectly and is generally not free from defect. This system should not be relied upon as definitively accurate. Before relying on any data this system supplies,it should be independently verified. For Secretary of State documents,the following data is for information purposes only and is not an official record. Certified copies may be obtained from that individual state's Department of State. The criminal record data in this product or service may include records that have been expunged, sealed,or otherwise have become inaccessible to the public since the date on which the data was last updated or collected. Accurint does not constitute a"consumer report"as that term is defined in the federal Fair Credit Reporting Act, 15 USC 1681 et seq. (FCRA).Accordingly,Accurint may not be used in whole or in part as a factor in determining eligibility for credit, insurance,employment or another permissible purpose under the FCRA. Your DPPA Permissible Use: Civil,Criminal,Administrative,or Arbitral Proceedings Your GLBA Permissible Use: Use by Persons Holding a Legal or Beneficial Interest Relating to the Consumer Comprehensive Report Date: 06/08/13 Report Legend: Reference Code: 153792 $ -Shared Address Report processed by: D -Deceased ZUCKER,GOLDBERG&ACKERMAN -Probable Current Address 200 SHEFFIELD STREET MOUNTAINSIDE,NJ 07092 908-233-8500(Main Phone Subject Information AKAs Indicators (Best Information for Subject) (Names Associated with Subject) Name: ELENA YARLETT [No Data Available] Bankruptcy: No Age: Property: No LexID: 116560506608 Corporate Affiliations: No in Pennsylvania between 1/1/1959 and 12/31/1962 View All SSN Sources Others Associated With Subjects SSN: (DOES NOT usually indicate any type of fraud or deception) PHILLIP B NISSEN LexID: 154451510762 Address Summary: View All Address Variation Sources https://secure.accurint.com/app/bps/report 6/8/2013 ' `Comprehensive Report Page 2 of 18 19 NICOLAS DR, CARLISLE PA 17015-7931, CUMBERLAND COUNTY( 2002 - May 2013) Bankruptcies: [None Found] Phones Plus(s): [None Found] People at Work: Maximum 50 People at Work records returned [None Found] Driver's License Information: [None Found] Previous And Non-Verified Address(es): View All Address Variation Sources 19 NICOLAS DR, CARLISLE PA 17015-7931, CUMBERLAND COUNTY( 2002 - May 2013) Name Associated with Address: ELENA YARLETT Current Residents at Address: ELENA YARLETT Property Ownership Information for this Address Property: Parcel Number- 08-09-0523-108 Book - 253 Page - 1014 Owner Name: ELENA YARLETT LexID: 000872661417 Property Address: - 19 NICOLAS DR, CARLISLE PA 17015- 7931, CUMBERLAND COUNTY Owner Address: 1380 WAGGONERS GAP RD, CARLISLE PA 17013- 8371, CUMBERLAND COUNTY Land Usage - SINGLE FAMILY RESIDENTIAL Assessed Value - $338,600 Year Built- 2003 Legal Description - NICHOLAS MANOR LOT 35 PH 1 PB 80 PG 135 Data Source - B Possible Properties Owned by Subject: [None Found] Motor Vehicles Registered To Subject: [None Found] FAA Certifications: [None Found] Possible Criminal Records: [None Found] Sexual Offenses: [None Found] Professional License(s): [None Found] Hunting/Fishing Permit: [None Found] Concealed Weapons Permit: https://secure.accurint.com/app/bps/report 6/8/2013 vl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US Bank National Association, as Trustee for • CIVIL DIVISION MASTR Alternative Loan Trust 2004-11 • • Plaintiff, NO.: 2013-06268 vs. Elena Yarlett;James L.Yarlett; •• Defendants. • ORDER OF COURT AND NOW,this 3°` day of ""e , 2013, upon consideration of Plaintiff's Motion for Alternate Service, it is hereby ORDERED,ADJUDGED AND DECREED that Plaintiff shall serve its Complaint in Mortgage Foreclosure and Notice of Sale, if necessary, on Defendant(s) Elena Yarlett and James L. Yarlett, by instructing the Sheriff of Cumberland County to POST a copy of same on the Mortgaged Premises, being 19 Nicolas Drive,Carlisle PA 17015-7931 and by mailing a copy,via Certified Mail, no signature required and First Class U.S. Mail, Postage Prepaid to 19 Nicolas Drive, Carlisle PA 17015-7931 and to 1389 Waggoners Gap Road, Carlisle, PA17013 with said service being valid and complete upon such posting and mailing in accordance with Pa.R.C.P.430. BY THE 'U RT: _ 4 AL J. ..4?)/ °7 I` r"'� ^` ?yam "Ty Zucker,Goldberg&Ackerman,LLC XCZ-153792 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US Bank National Association, as Trustee for CIVIL DIVISION MASTR Alternative Loan Trust 2004-11 Plaintiff, NO.: 2013-06268 W^1 r­z vs. _ Elena Yarlett;James L.Yarlett; ;jw•r•��� Defendants. > ?�r < 3>C CD _gyp _ �_.r PRAECIPE TO SETTLE, DISCONTINUE AND END e TO THE PROTHONOTARY: Please mark the case filed at the above-captioned term and number SETTLED, DISCONTINUED and ENDED,without prejudice. Respectf #terick,Submit ZUCKER, G C R AN, LLC BY: Scott A. s re; PA I.D.#55650 KimberlyEsquire; PA I.D.#89705 Joel A.Aquire; 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 XCZ-153792/dcr 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX