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Home My WebLink About14-0296 Supreme Court of Pennsylvania Cou : Com N ` on Pleas C evil G6ver Sheet �n Cl BE, R1 tl County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and set-vice of pleadings or other papers as required by law or rules of court. Commencement of Action: ® Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E I Lead Plaintiff's Name: Wells Fargo Bank, N.A. Lead Defendant's Name: Heidi I. Weyer, a/k/a Heidi Weyer T" Are money damages requested ?: ❑ Yes ® No Dollar Amount Requested: within arbitration limits (Check one) X outside arbitration limits Q N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJ Appeal? ❑ Yes ® No Name of Plaintiff /Appellant's Attorney: Scott A. Dietterick, Esq. c/o Zucker, Goldberg & Ackerman, LLC A ❑ Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE, If you are making more than one type of claim, check the one that you consider most important: TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not include mass tort) ❑ Employment Dispute: ❑ Slander /Libel /Defamation Discrimination ❑ Other: ❑ Employment Dispute: Other C ❑ Zoning Board ❑ Other: I MASS TORT ❑ Other: ❑ Asbestos ❑ Tobacco N ❑ Toxic Tort- DES ❑ Toxic Tort- Implant ❑ Toxic Waste REAL PROPERTY MISCELLANEOUS ❑ Other: ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus B" ❑ 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, N.A., CIVIL DIVISION Plaintiff, NO.: 1 (' 39 I `4 A �v L VS. TYPE OF PLEADING Heidi I. Weyer, a /k /a Heidi Weyer; 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 Fargo Bank, N.A. FROM SERVICE HEREOF OR DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. COUNSEL OF RECORD FOR THIS PARTY: I HEREBY CERTIFY THAT THE ADDRESS OFTHE PLAINTIFF IS: ZUCKER GOLDBERG & ACKERMAN, LLC 3476 Stateview Blvd. Ft. Mill, SC 29715 Scott A. Dietterick, Esquire- Pa. I.D. #55650 AND THE DEFENDANT: Kimberly A. Bonner, Esquire- Pa. I.D. #89705 433 Herman Avenue Joel A. Ackerman, Esquire- Pa I.D. #202729 Lemoyne, PA 17043 -1943 Ashleigh Levy Marin, Esquire- Pa I.D. #306799 Ralph M. Salvia, Esquire- Pa I.D. #202946 CERTIFICATE OF LOCATION Jaime R. Ackerman, Esquire- Pa I.D. #311032 1 HEREBY CERTIFY THAT THE LOCATION OF Jana Fridfinnsdottir, Esquire- Pa I.D. #315944 THE REAL ESTATE AFFECTED BY THIS LIEN IS Brian Nicholas, Esquire- Pa I.D. #317240 433 Herman Avenue, Lemoyne PA 17043 -1943 Denise Carlon, Esquire- Pa I.D. #317226 Municipality: Lemoyne CqA-'�_ 200 Sheffield Street, Suite 101 ATTORNEY FOR PLAINTIFF Mountainside, NJ 07092 (908) 233 -8500 ATTY FILE NO.: XFP 159861 -R1 (908) 233 -1390 FAX office @zuckergo Idberg.com File No.: XFP- 159861- R1 /rbo f - >C7 CD s ?96 2W(4 a IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, VS. NO.: Heidi I. Weyer, a /k /a Heidi Weyer; Defendant. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND LAWYER REFERRAL Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990 -9108 Phone (800) 990 -9108 (717) 249 -3166 (717) 249 -3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, VS. NO.: Heidi I. Weyer, a /k /a Heidi Weyer; 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 proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso respondiendo personalmente o por medio de un abogado una comparecencia esc rita y radicando en la Corte por escrito sus defensas y objeciones a las demandas establecidas en su contra. Se le advierte de que si usted falla en tomar accion como se describe anteriormente, el caso puede proceder sin usted sin previo aviso y un fallo por cualquier suma de dinero reclamada en la demanda 0 cua Iquier otra reclamacibn 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, PENNSYLVAN #,. Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, NO.. VS. Heidi I. Weyer, a /k /a Heidi Weyer; 'r 4 Defendant. NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. Zucker, Goldberg & Ackerman, LLC XFP- 159861 -R1 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: ca-A-1� Dated: January q , 2014 cott A. Dietterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 Jana Fridfinnsdottir, Esquire; PA I.D. #315944 Brian Nicholas, Esquire; PA I.D. #317240 --- Denise Carlon, Esquire; PA I.D. #317226 Attorneys for Plaintiff XFP- 159861 -R1 /ns 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233 -8500; (908) 233 -1390 FAX Email: Office @zuckergoldberg.com Zucker, Goldberg & Ackerman, LLC XFP- 159861 -R1 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 XFP- 159861 -R1 Assets Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1 : Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. Monthly amount: 2. Monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 " Mortgage Utilities Car Payment(s) Condo /Neigh. Fees Auto Insurance Med. (not covered) Auto fuel /repairs Other prop. payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Zucker, Goldberg & Ackerman, LLC XFP- 159861 -R1 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 1 /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- 159861 -R1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, VS. NO.. Heidi I. Weyer, a /k /a Heidi Weyer; Defendant. REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated February 28, 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 1. Defendant lives in the subject real property, which is defendant's primary residence; 2. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program" and has taken all of the steps required in that Notice to be eligible to participate in a court - supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Signature of Defendant's Counsel /Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date Zucker, Goldberg & Ackerman, LLC XFP- 159861 -R1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, VS. NO.. Heidi I. Weyer, a /k /a Heidi Weyer; Defendant. CASE MANAGEMENT ORDER AND NOW, this day of ,20 ,the defendant /borrower in the above - captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant /borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court- supervised conciliation Conference on at M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 1. At least twenty -one (21) days prior to the date of the Conciliation Conference, the defendant /borrower must serve upon the plaintiff /lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant /borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and /or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant /borrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 2. The defendant /borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff /lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff /lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable Zucker, Goldberg & Ackerman, LLC XFP- 159861 -R1 resolution, and counsel for the plaintiff /lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff /lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff /lender at the rescheduled Conciliation Conference. 3. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 4. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, J. Zucker, Goldberg & Ackerman, LLC XFP- 159861 -R1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, vs. NO.: Heidi I. Weyer, a /k /a Heidi Weyer; Defendant. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Wells Fargo Bank, N.A., by its attorneys, Zucker, Goldberg & Ackerman, LLC, and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Wells Fargo Bank, N.A., (hereinafter "plaintiff ") with its place of business located at 3476 Stateview Blvd., Ft. Mill, SC 29715. 2. The Defendant, Heidi I. Weyer, a /k /a Heidi Weyer, is an individual whose last known address is 433 Herman Avenue, Lemoyne, PA 17043 -1943. 3. Wells Fargo Bank, N.A., directly or through an agent, has possession of the Promissory Note. Wells Fargo Bank, N.A. is either the original payee of the Promissory Note or the Promissory Note has been duly indorsed. A true and correct copy of said Promissory Note is marked Exhibit A, attached hereto and made a part hereof. 4. On or about October 30, 2007, Heidi I. Weyer, a single woman made, executed and delivered to Wells Fargo Bank, N.A. a Mortgage in the original principal amount of $116,623.00 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 November 14, 2007, Instrument #200742990. 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. 6. The aforesaid Note and Mortgage was amended by a certain Loan Modification Agreement. A true and correct copy of said Modification Agreement is marked Exhibit C, attached hereto and made a part hereof. Zucker, Goldberg & Ackerman, LLC 062 -PA -V3 7. Heidi I. Weyer, single 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 July 1, 2013. 9. As of 01/03/2014 the amount due and owing Plaintiff by Defendants) is as follows: Principal $117,120.58 Interest $3,103.28 From 06/01/2013 to 01/03/2014 Late Charges $327.22 Escrow Advance $437.87 Property Inspections $30.00 Property Preservation $0.00 BPO /Appraisals $0.00 Escrow Balance $0.00 Corporate Advance Credit $(30.56) Total $120,988.39 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. 10. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and /or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s). 11. This action does not come under Act 91 of 1983 because the mortgage is FHA insured. 12. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If 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 062 -PA -V3 WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $120,988.39 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 Dated: t '� �- Scott A. Dietterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 Jana Fridfinnsdottir, Esquire; PA I.D. #315944 Brian Nicholas, Esquire; PA I.D. #317240 -- -Denise Carlon, Esquire; PA I.D. #317226 Attorneys for Plaintiff XFP- 159861- R1 /rbo 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233 -8500; (908) 233 -1390 FAX Email: Office @zuckergoIdberg.com THIS 1S AN ATTEMPT TO COLLECT A DEBT, AND ANY tl{tFORMA77ON OBTAINED WILL BE USED FOR THAT PURPOSE. Zucker, Goldberg & Ackerman, LLC 062 -PA -V3 EXHIBIT A Zucker, Goldberg & Ackerman, LLC 062 -PA -V3 It [ l NOTE FHA Case No. Multistate r OCTOBER 30, 2007 lDnte) 433 HERMAN AVENUE, LEMOYNE, PA 17043 [Property Address] 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means WELLS FARGO BANK, N.A. and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of0NE HUNDRED SIXTEEN THOUSAND SIX HUNDRED TWENTY -THREE AND NO 1100 Dollars (U. S ***116,623. 00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of SIX AND ONE -HALF percent ( 6.500 %) per year until the full amount of principal has been paid, 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. i 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on DECEMBER , 2007 . Any principal and interest remaining on the first day of NOVEMBER , 2037 , will be due on that date, which is called the "Maturity Date." (B) Place Payment shall be made at WELLS FARGO BANK, N.A. P. O. BOX 4148, FREDERICK, MD 21705 -4148 or at such place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $ * * * * ** *737.14 This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this Note for Payment adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable boNj ❑Graduated Payment Allonge ❑Growing Equity Allonge ❑Other [specify] 5. BORROWER'S RIGHT TO PREPAY Borrower 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 any month. Lender shall accept prepayment on other days provided that borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. FHA v MP NtoRTGAGE�FO�RMS 800 5 Rate -10 /9S Rage t of 2 Iniflift 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 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 %) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to e\ereise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, " Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses 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 disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under 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 this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. (Seal) (Seal) - Borrower MEDI WEYE - Borrower I (Seal) (Seal) - Borrower - Borrower (Seal) (Seal) - Borrower - Borrower (Seal) (Seal) - Borrower -Borrower It ® -1 R (Beol) Rage 2 of 2 EXHIBIT B Zucker, Goldberg & Ackerman, LLC 062 -PA -V3 LEGAL DESCRIPTION ALL THAT CERTAIN tot of laud situate in the Bor9u9b of Lemoyne, Cumberland County, PeZtnaylvatria, wore particularly bounded and desml*d as fesliom, to wit: BEGINNING At A point on the northern line of Herman Avaaue on the dividing lint betw"r Lots Noe. 2S and 26, Block - C', on the her+dnafter Mentioned PI" of Lots; thence in an Easterly direction along the nOrUteru lhu Of HerMM Avanue, 17.75 feet to a point on the litre ruining tbmugh the centetr of the partition md! of the double two and one -haft story frxmt dwarfing house erected in part on the lot hereby convoy-ad and in pan on the Jot 4olning an the east; thence in a Northerly direction through the center of said partition erali and beyond, 9 5.3 feet to it point; thence In a Westerly divctfon along: a line patrol el to Kerman Avenue, 17.75 feet to Lot No. 25, Block -C -, an said Pl=; thence in a Southerly ditwtim along the eastern line of said Trot No. 25, 95,5 feat to the Point or place of BEGIN 4NO. BEING a portion of Lot No. 25, Biock'C', on flan Ho, l of Riverton, said Plan being recorded in the Cu=bedatnd County Recorder's OiSca in Deed Boole 1 7, Volume 4, Page 40. HAVING THEREON EREC'T'ED the western one -half of said tvm and one-half story double frame dwelling known ae 433 Hannan Avenue, Lemoyne, Pennsylvtrtia. BEING the same premises which Carole J. Lamason, single woman, by Deed dated July 31, 2003, and recorded August 5, 2003, in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, in Book 258, Page 2679, granted and conveyed unto Heidi 1, Weyer, single woman, Mortgagor herein. Schedule A - Page 2 Commitment No. 28926WEYER This commitment is invatd unless the information Sheet and Schedules A and B are attached 10129'2013 9:10.02 AM CUMBERLAND COUNTY Inst.# 200742990 - Page 10 of 11 EXHIBIT C Zucker, Goldberg & Ackerman, LLC 062 -PA -V3 Wells Fargo Home Mortgage • �I I �� MAC W0152 -010 .M 1 «<JJJ 220 Wildwood Parkway , MORTGAGEi i Birmingham, AL 35209 Tel: 877 913 3376 Toll Free LOAN MODIFICATION AGREEMENT LOAN NUMBER: If PROPERTY ADDRESS 433 Herman Avenue Lemoyne PA 17043 -1943 THIS LOAN MODIFICATION AGREEMENT ( "Agreement "), made on March 28, 2012 by and between Heidi Weyer (the "Borrower(s) ") and Wells Fargo Bank, N. A. (the "Lender ", together with the Borrower(s), the "Parties"). WITNESSETH WHEREAS, Borrower has requested and Lender has agreed, subject to the following terms and conditions, to a loan modification as follows: NOW THEREFORE, in consideration of the covenants hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Parties, it is agreed as follows (notwithstanding anything to the contrary in the Note and Security Instrument dated 10/30/2007.) 1, BALANCE. As of March 28, 2012, the amount payable under the Note and Security Instrument (the "Unpaid Principal Balance ") is U.S. $ 111,386.68. 2. EXTENSION. This Agreement hereby modifies the following terms of the Note and Security Instrument described herein above as follows: A. The current contractual due date has been extended from 08 -01 -11 to 05/01/2012. The first modified contractual due date is on 05/01/2012. B. The maturity date has been extended from 11 -37 (month /year) to 04/01/2042. C. The amount of interest to be included (capitalized) will be U.S. $ 5,430 .06. The amount "off -- t2•le - Escrow — Ads ranee-- to- be- capi- ta..l_i.z_ed wi be U.S. $1,76 The amount of Recoverable Expenses to be capitalized will be U.S. $1,441.45. The modified Unpaid Principal Balance is U.S. $ 120,022.20. * Recoverable Expenses may include, but are not limited to: Title, Attorney fees /costs, BPO /Appraisal, and /or Property Preservation/ Property Inspections D. The Borrower(s) promises to pay the Unpaid Principal Balance plus interest, to the order of the Lender. Interest will be charged on the Unpaid Principal Balance of U.S. $ 120,022.20. The Borrower(s) promises to make monthly payments of principal and interest of U.S. $ 608.13, at- a- yearly rate of 4.5000, not including any escrow deposit, if applicable. If on the maturity date the Borrower(s) still owes an amount - -- - under the Note and Security Instrument, as amended by this Agreement, Borrower(s) will pay this amount in full on the maturity date. LM521 /GWX /1 Together we'll go far Wells Fargo home Mortgage is a division of Wells Fargo Bank, NA. NMLSR ID 399801 r `" - t - -•-- -- Wells Fargo Home Mortgage MAC W0152.010 • • 220 Wildwood Parkway Birmingham, Al. 35209 Tel: 877 913 3376 Toll Free E. Borrower agrees that certain amounts owed will not be capitalized, waived, or addressed as part of this Agreement, and will remain owed until paid. These amounts owed are referenced - - in - the Cover Letter to this Agreement, which is incorporated herein, and are to be paid with the return of this executed Agreement. If these amounts owed are not paid with the return of this executed Agreement, then Lender may deem this Agreement void. 3. NOTE AND SECURITY INSTRUMENT. Nothing in this Agreement shall be understood or construed to be a satisfaction or release, in whole or in part of the Borrower's obligations under the Note- .or._Securi-ty Instrument. Further, except as otherwise specifically provided in this Agreement, the Note and Security Instrument will remain unchanged, and Borrower and Lender will be bound by, and shall comply with, all of the terms and provisions thereof, as amended by this Agreement. 4. The undersigned Borrower(s) acknowledge receipt and acceptance of the Loan Modification Settlement Statement. Borrower(s) agree with the information disclosed in and understand that I /we am /are responsible for payment of any outstanding balances outlined in the Loan Modification Settlement. _ _ 5. The undersigned Borrower(s) acknowledge receipt and-acceptance of the Borrower Acknowledgements, Agreements, and Disclosures Document (BARD). 6. If included, the undersigned Borrower(s) acknowledge receipt and acceptance of the Truth in Lending statement. 7. If included, the.undersigned Borrower(s) acknowledge receipt and acceptance of the 1 -4 Family Modification Agreement Rider Assignment of Rents. ....................._..._. 8.. If included the undersigned Borrower - ) - acknowledge receipt and -- acceptance of the' Notice of Special Flood Hazard disclosure. 9. This Agreement is conditioned upon the receipt of the 1 -4 Family Modification Agreement Rider Assignment of Rents, if included, specified in the attached cover letter, which is incorporated herein by reference. 10. That (he /she /they) (is /are) the Borrower(s) on the above - referenced Mortgage Loan serviced by Wells Fargo Bank, N. A. That (he /she /they) have experienced a---- financial __hardship or change in financial circumstances since the origination of (his /her /their) Mortgage Loan. That (he /she /they) did not intentionally or purposefully default on the Mortgage Loan in order to obtain a loan modification. LM521 /GWX /2 Together we'll go far Wells Fargo Home Mortgage is a division of Wells Fargo Bank, NA. NMLSN ID 399801 9 . • F'. _ • �. . Wells Fargo Home Mortgage MAC W0152 -010 220 Wildwood Parkway Birmingham, AL 35209 Tel! 877 913 3376 Toll Free CORRECTION AGREEMENT. The undersigned borrower(s), for and in consideration of the approval, closing and funding of this Modification, hereby grants Wells Fargo Bank, N. A. , as lender, limited power of attorney to correct and /or initial all typographical or clerical errors discovered in the Modification Agreement required to be signed. In the event this 'limited power of attorney is exercised, the undersigned will be notified and receive a copy of the document executed or initialed on their behalf. This provision may not be used to modify the interest rate, modify the term, modify the outstanding principal balance or modify the undersigned's monthly principal and interest payments as modified by this Agreement. Any of these specified changes must be executed directly by the undersigned. T s limited power of attorney shall automatically terminate in 12 ays from the closing date of the undersigned's Modification. (Borrower(s) initial) IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as the date _- first above written. By signing this Agreement I hereby consent to being contacted concerning this loan at any cellular or mobile telephone number I may have. This includes text messages and telephone calls including the use of automated dialing systems to contact my cellular or mobile telephone. You will not.be billed by your cellular or mobile carrier for any text messages you may receive from Wells Fargo, however, any calls we place to your cellular or mobile phone will incur normal airtime charges assessed by your mobile carrier. - l aea as of this day of ly 20 - Heidi Weyk Signature, Signature as ca ils TJr go Sank, N. A. Name: Ashley M. Larson Vice President oan ocumentatlon Its: _ LM5 2 7 /CWX�_3_ _.._ ............. _...__......... - Together we'll go far Wells Fargo Home Mortgage is adiAslonof Wells Fargo Bank, NA. NMISRID399801 VERIFICATION Steve DeFurio, hereby states th e he is Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff in this matter, th he/ he is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of is er information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ame: Steve DeFurio Title: Vice President Loan Documentation Company: Wells Fargo Bank N.A. Date: 01/06/2014 086 -PA -V2 File #159861 —RI SHERIFF'S OFFICE OF CUMBERLAND CO`UNTYi Fig;_. Ronny RAnderson ;,FT HE PROTHONKA x"i Sheriff � 61 f f� r, � Jody S Smith 2014 JAN 27 K2: 46 Chief Deputy ` Richard W Stewart '' CUMBERLAND COUNTY Solicitor OPRCEOFT�.E PENNSYLVANIA Wells Fargo Bank vs. Case Number Heidi I. Weyer 2014-296 SHERIFF'S RETURN OF SERVICE 01/22/2014 04:10 PM- Deputy Jamie DiMartle, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and,Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Heidi I. Weyer at 433 Herman Avenue, Lemoyne Borough, Lemoyne, PA 17043. J jt DIMARTLE, TY SHERIFF COST: $46.08 SO ANSWERS, January 23, 2014 RON R ANDERSON, SHERIFF (c) Shonff,Toleosof,Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, vs. Heidi I. Weyer, a/k/a Heidi Weyer; Defendant. NO.: 14-296 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 & ACKE BY: Scott A. Dietterick, ire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 Jana Fridfinnsdottir, Esquire; PA I.D. #315944 Brian Nicholas, Esquire; PA I.D. #317240 Denise Carlon, Esquire; PA I.D. #317226 Roger Fay, Esquire; PA I.D. #315987 Attorneys for Plaintiff XFP-159861-R1/dcr 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX