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Home My WebLink About13-7703 Supreme Court of Pennsylvania Cou , �cff Common Pleas fVl'l Cveeet For Prothonotary Use Only: C kERi.AND_^ E` County Docket No: r !U 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 El Transfer from Another Jurisdiction El Declaration of Taking E Lead Plaintiffs Name: Wells Fargo Bank, NA Lead Defendant's Name: Candice D. Valencia C T Are money damages requested ?: ❑ Yes ® No Dollar Amount Requested: within arbitration limits j (Check one) X outside arbitration limits O N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJ AppeaR ❑ 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 ❑ 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 El Asbestos ❑ Tobacco N ❑ Toxic Tort- DES ❑ Toxic Tort- Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste El Other: El Ejectment El Common Law /Statutory Arbitration ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment B ❑ Ground Rent El Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations PROFESSIONAL LIABILITY ® Mortgage Foreclosure: Residential Restraining Order ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1//2011 Zucker, Goldberg & Ackerman, LLC 062 -PA -V3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, NA, CIVIL DIVISION Plaintiff, NO.: 3 ' [ O� I � vs. TYPE OF PLEADING Candice D. Valencia; CIVIL ACTION - COMPLAINT Defendant. IN MORTGAGE FORECLOSURE TO: DEFENDANT FILED ON BEHALF OF: YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS Wells Far Bank, NA FROM SERVICE HEREOF OR A DEFAULTJUDGMENT 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 716 Bosler Avenue Kimberly A. Bonner, Esquire Lemoyne, PA 17043 Pa. I.D. #89705 Joel A. Ackerman, Esquire r , CERTIFICATE OF LOCATION Pa I.D. #202729 r � Ashl Lev I HEREBY CERTIFY THAT THE LOCATION OF g y Marin , Esquire r- t r ra I .. THE REAL ESTATE AFFECTED BY THIS LIEN IS Pa I.D. #306799 '`" 716 Bosler Avenue Lernovne PA 17043 Q.) 7k) C� Ralph M. Salvia, Esquire �' -- Municipality: Lemovne c. Pa I.D. #202946 L' - Jaime R. Ackerman, Esquire ; =� C--)�' ATTORNEY MR ro Pr Pa I.D. #311032 Jana Fridfinnsdottir, Esquire ATTY FILE Pa I.D. #315944 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233 -8500 (908) 233 -1390 FAX office @zuckergoldberg.com File No.: XFP- 184011/TKU 4Zgq f17 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 ALIEN ON REAL ESTATE. a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA CIVIL DIVISION Plaintiff, VS. NO.. Candice D. Valencia; Defendant. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND LAWYER REFERRAL Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990 -9108 Phone (800) 990 -9108 (717) 249 -3166 (717) 249 -3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA CIVIL DIVISION Plaintiff, VS. NO.. Candice D. Valencia; Defendant. 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 demands 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.. Candice D. Valencia; Defendant. 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, Candice D. Valencia, is an individual whose last known address is 716 Bosler Avenue, Lemoyne, PA 17043. 3. 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. 4. On or about October 3, 2008, Candice D. Valencia made, executed and delivered to Mortgage Electronic Registration Systems, Inc. as nominee for Fulton Bank, its successors and assigns a Mortgage in the original principal amount of $118,357.00 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 October 7, 2008, Instrument #200833562. The mortgage is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 5. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded August 6, 2013, the mortgage was assigned to Wells Fargo Bank, NA which assignment is recorded in the Office of the Recorder of Deeds for Cumberland County, Instrument #201325998. The Assignment is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), Zucker, Goldberg & Ackerman, LLC 062 -PA -V3 which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 6. Candice D. Valencia, adult individual, is the record and real owner of the aforesaid mortgaged premises. 7. Defendants are in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the monthly installments of principal and interest due June 1, 2013. 8. As of 12/17/2013 the amount due and owing Plaintiff by Defendant(s) is as follows: Principal $111,073.47 Interest From 05/01/2013 to 12/17/2013 $4,179.73 Late Charges $147.56 Escrow Advance $968.99 Property Inspections $0.00 Property Preservation $0.00 BPO /Appraisal $0.00 Escrow Balance $0.00 Corporate Advance Credit $0.00 Total $116,369.75 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 Plaintiffs attorneys' fees and expenses. Plaintiff reserves the right to file a motion in the above - captioned action to add such additional sums authorized under the Mortgage and Pennsylvania Law to the above amount due and owing when incurred. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and /or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s). 10. This action does not come under Act 91 of 1983 because the mortgage is FHA insured. Zucker, Goldberg & Ackerman, LLC 062 -PA -V3 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. WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $116,369.75 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, G dKLC BY: Dated: 2 Scott A. Di ?enck, Esquire; PA I.D. #55650 1 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 Attorneys for Plaintiff XFP- 184011/TKU 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233 -8500; (908) 233 -1390 FAX Email: Office @zuckergoIdberg.com THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Zucker, Goldberg & Ackerman, LLC 062 -PA -V3 EXHIBIT A Zucker, Goldberg & Ackerman, LLC 062 -PA -V3 } App, 0 min NOT PF A ✓Sa61 g, '`� E Oatabor 03, 2000 I�st�a 716 50glux �V;'w v I � IIia VA ` 1 Istropettx 400 4401 1. PARTIES "Borrower" means each person a.lgnin8 at the end of this Note, r tite ,person's supcessors and assigns. " Lender" means ?ULT.QN IPA= and its successors and assigns, 21 BORROWER'S PROMISE TO PAY; INTEREST In return for a loan royeived front Lender, Borrower proml�t!s to pay tht. principal sum of one itu;;,dred Ught tan 5r4ounand Throe Nundred Fifty Seven And Zero /A Dollars (U, S. $ 118 , 3 57.00 ), plus interest, IQ the order of Lender. Interest will be charged on unpaid principal, from the date of diabursctnent or the loan procea4s by Lender, at the rate of sin percent ( 6.000 %) per year until the full amount of principal has been Maid. 3, PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deeti of trust or similar security instrurngnt that is dated the same date as this Note and called the "Streurity Instrument.." The Sccurit lnsiruntatlt protects_ the sender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall rnaF:e a payment of principal and in to Fender on the first day of cach month beginning on p acquibor 01 2008 Any principal raid itttcretst rernaininEr on the first day of lr�avambas 2038 , will be due on that date, which is called the "Maturity This;." (B) Mace P4yment hall be made at or Fi t 9givARr, E, GAB ' 19R, PA 17 602 or at such place as lendfr teal+ designate in writing by noticA to Borrower, (C) Amount Each monthly payment of principal and Interest will be in 4ho;ampynt of U, S. $709,61 This arnount w ill be pnrt of a larger monthly pay—Mont required by the Seeurit Instrytttent, that shall be applied to principal, interest oftd other items In the order described in the ccurity Instrument. (D) Allonge to this Note for payment rtdjustmentrs If An allornge providing for payment adjustments is csecuted by Borrower togcthor with this Note, thr, covenants of the allonge shall be incorporated into astd shall amend and supplement the ppvvftanu of this Note as if the alionge were a part of this Note. (Check applicable box] rr �°^ t_,.1Graduated Payment Allonge I� prov?ing Equity Allonge 1 :10thor (specify) S, BORROWER'S itlfl;HT T4 1gREPAV lJorrowor has the right to pay the debt evidenced by this 'Note in whole or in part, without charge or penalty, on the first day of ?tty month. Lender shall 4ceept' prepayment inn othar days. oyidd l that harrower pays interest on the t►ount prepaid fnr the remainder of thr month to the extent required by Lender and ,ormitted by its ,stations of tltt Seeretsry. If Borrower makes a partial prepayment, there will be no changes in the due date or 1h the amount p the monthly payment unless Lender agrees m writing to those changes, •4 g t ®a +stf•as °A AfattlafPtg it*6 Role et t 148 uN� Al2lIgR�q �4!Qt19e61��6��dr�$Q1 S 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Seegrity Instrument, as described jnM4,agraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of Four percent 4, 000 %) Qf theiovordue amount of each payment, (0) Derault If Borrower defaults by failing to pay in full any njol ithly priymcnt, then Lender may, except as limited by regulations, oftho Scqroaxy in the case of poyrnent dqfhulis, rcquire immediate pAyrilent in full of the principal b4lanue renouining duo and oil accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default, In ma ny circurnstances regulations issued by the Secretary Will limit Lender' rights to require Im 4 , - , mediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by .HUD regulat ions, As used in this Note, "Socre or Orban, DevOopment or hlsqr her designee, tAryll means the Secretary y of Housing and (C) Payment of Costs and Expeaseq If Lender has required immediate paymot in full, as describeo - ' above, Lender may require Borrower to pay costs and exponsps including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of d.isburseme the same rate as the principal of this Notc. 7. WAIVERS Borrower and any other person who has obligations undcr'jiis Note waive the rights of presentment and notice of dishonor, '!Presentment" means the right to require Lender to demAnd. payment of"amounts due, "Notice of dishonor" means the right to require I a ,,ender to give notic to other persons that amounts dp, have not been paid. S. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given, to Borrower ruttier this Note will be given by delivering it or by moiling it by first class mail to Borrower at the propprty address above or 4t a different address if BOUDWOF has given Lender A notice of Borrower's different addrw, Any notice that must be given to Lender under this Note will be giv(;n by first class mail to Lender of the address stated in P4ragraph 4(0) or at a different address if Borrower is given a c n9tice of th4t dItTer nt address, 9, OBLIGATIONS OF PERSONS UNDER THIS NOTE k If more than one person signs this Note each person is full wid personally obligated to keep all of the promises made in r this Note, including the proi - nise to pay the full amount owed. V person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over t.bWe obligations, including the obligations of a guarantor, Surety or endorser of this Note, is also obligated to keep all of the promises mada in this, Note. Lender may enforce its. rights tinder. this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay All of the amounts owed under thi.- Note. , B Y SIGNI BE OW, Borrower aoqo F is contained In this Nve, n 00PPM 'G pip and agrees to the to an d aQverian (Ba (Seal) CA=tg D. VmRNC1A -11off0wor (Seal 4 (sea]) (SCSI) 'Dorrowu to tie order of W ELLS F-4R=IaANK N-C \Vq Pay b WITHOUT, RECOURSE PAY TO THE ORDER, OF A R (0210),02 B Page " WEL6S FARO O PANK. N.A. lay Left. Agl�� A P Sco , Swan son Assistant vice Preeldent EXHIBIT B Zucker, Goldberg & Ackerman, LLC 062 -PA -V3 t EXHIBIT "A" ALL THAT CERTAIN lot of ground aitualod in the Oor�,u @h of Lemoyne, Onunty of Cumberland and stato of Per1neytvania, more partlouiarty bpundod on dt acrlb as folipwo BEGINNING at a paint on the Southern line of 13081dr avenue 127,5 foot from the Sou(hAos(ern oorrmor of the Intargeatlon of Dooler Avenue with Seventh 9ttrrest; thenp® through parttlican wall of a double houso arected in part are thla tract Land in parf on '714 Boller Avenue, South 32, dogrees !vast 160 foot to an Iron pica at the No9hem line of Apple. Ailey; thence along the Northern line of ARp1e Ailey South 58 cio6reee Woa! 17.5 foot to ran Ir`ofi, O thence along the, Postern llr7p Uf Let N n.1iJ6 on the hereinafter montlUned Mara of t,r�ts, North 32 r egroes Wes! 130 feet to an Iran pin ek 5jA Southern line Qf Beeler Avenue; !hence along the Southern side of Sosler Avenue North 58 dagreos Out 17,5 foot to D point, the place o f BEGIN,NINO.' BEING the Western one•helf of Lot No, 107, Section E. Pion of Riverton, sa recorded In Dead Book 4aj, Page 40, Oumberiand County Reoords. , This description Is to eooQrdanoo with a surygy of D. P.1' R ,f erjsperger Associates dated September UNDER AND SUBJECT to covenants, condii arts, reservations, restrictions, easpmente, and right of vroya of repord, BEING known; as 716 tdoslerA:venue, l ernoyne, J?erjrtaylventa, BEINC THE SAME PREMISS which Richard N. Ives and Judith A. Ives, by th€aIr deed to be recorded simultaneously herawlth In the Offloo pf the Rocorder of 1�QSds of Cumbarland, granted and conveyed unto Candice D, Valencia, l { E � f i VERIFICATION Carol Adams, hereby states that he he s Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff in this matter, that he sh 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 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. ' a Name: Carol Adams Title: Vice President Loan Documentation Company: Wells Fargo Bank, NA Date: 12/23/2013 086 -PA -V2 File# 184011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA CIVIL DIVISION Plaintiff, �fo z VS. NO.. /3 -- ✓ Candice D. Valencia; Defendant. = w NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE ��. DIVERSION PROGRAM " You have been served with a foreclosure complaint that could cause you to lose your hnme:' 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 XFP- 184011 IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. TIDS PROGRAM IS FREE. ZUCKER, GOLDBER CKERMAN, L By: Dated: December 2013 Scott A. Di ferick, Esquire; PA I.D. #55650 111111 Kimberly . 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- 184011/mti 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233 -8500; (908) 233 -1390 FAX Email: Office @zuckergoIdberg.com Zucker, Goldberg & Ackerman, LLC XFP- 184011 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- 184011 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 /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- 184011 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- 184011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA CIVIL DIVISION Plaintiff, VS. NO.. Candice D. Valencia; Defendant. REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated February 28, 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. 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- 184011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA CIVIL DIVISION Plaintiff, VS. NO.. Candice D. Valencia; Defendant. CASE MANAGEMENT ORDER AND NOW, this day of ,20 _ ,the defendant /borrower in the above- captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant /borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court- supervised conciliation Conference on at .M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty -one (21) days prior to the date of the Conciliation Conference, the defendant /borrower must serve upon the plaintiff /lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant /borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and /or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant /borrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant /borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff /lender must either attend the .Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff /lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff /lender must discuss resolution proposals with the Zucker, Goldberg & Ackerman, LLC XFP- 184011 authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff /lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff /lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, Zucker, Goldberg & Ackerman, LLC XFP- 184011 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson FILE0-0FF1CCE Sheriff t.it- THE PROTHONOTAR ��;��5, of �arait�arr��,c� Jody S Smith 2014 JAN 24 A1,11: 53 Chief Deputy Richard W Stewart CUM RLAND COUNTY Solicitor - = PENNSYLVANIA Wells Fargo Bank Case Number vs. Candice D Valencia 2013-7703 SHERIFF'S RETURN OF SERVICE 01/17/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Candice D Valencia, 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 716 Bosler Avenue, Lemoyne Borough, Lemoyne, PA 17043. Residence is vacant and deputies were advised by neighbor that the defendant moved out eight months ago. The Lemoyne Postmaster confirms mail is still delivered to the address provided. SHERIFF COST: $51.08 SO ANSWERS, January 17, 2014 RON Y R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA CIVIL DIVISION Plaintiff, vs. Candice D. Valencia; Defendant. NO.: 2013 - 07703 -CV 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 & ACK ' MAN, LLC BY: Scott A. Diet -nick, Esquire; PA I.D. #55650 Kimberly A.:onner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 — 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- 184011/dcr 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233 -8500; (908) 233 -1390 FAX