The URL can be used to link to this page

Home My WebLink About14-0383 Supreme Court of Pennsylvania Court m mn Pleas ft/ '' .For Prothonotary Use Only: G.�V • . Cover pet CttV1�3ERLAI,D. 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 Plaintiffs Name: US Bank National Association, as Trustee Lead Defendant's Name: Michael Meyer A/K/A Michael P. C for Structured Asset Investment Loan Trust Mortgage Pass - Through Meyer Certificates, Series 2006 -4 T I Are money damages requested ?: ❑ Yes ® No Dollar Amount Requested: within arbitration limits O (Check one) x outside arbitration limits — N Is this a Class Action Suit? ❑ Yes pp ❑ ®No Is this an MD1 A eal? Yes Z 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 El Product Liability (does not include mass tort) ❑ Employment Dispute: E ❑ Slander/Libel/Defamation Discrimination El El Employment Dispute: Other C El Zoning Board T ❑ Other: I MASS TORT ❑ Other: 0 El Asbestos ❑ Tobacco N ❑ Toxic Tort- DES ❑ Toxic Tort- Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Other: El Ejectment ❑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 LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 111112011 Zucker, Goldberg & Ackerman, LLC 062 -PA -V3 S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION AS TRUSTEE CIVIL DIVISION uz; -' FOR STRUCTURED ASSET INVESTMENT LOAN `'r= TRUST MORTGAGE PASS - THROUGH NO.: u> � CERTIFICATES, SERIES 2006 -4, ' :-,> 'u I a T E: TYPE OF PLEADING r Plaintiff, c Vs. CIVIL ACTION - COMPLAINT �' £ Michael Meyer A /K /A Michael P. Meyer; IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: Defendant. US Bank National Association, as Trustee for Structured Asset Investment Loan Trust To: DEFENDANT Mortgage Pass - Through Certificates, Series YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS 2006 -4 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 P.O. Box 534 Kimberly A. Bonner, Esquire Camp Hill, PA 17001 Pa. I.D. #89705 Joel A. Ackerman, Esquire CERTIFICATE OF LOCATION Pa I.D. #202729 I HEREBY CERTIFY THAT THE LOCATION OF Ashleigh Levy Marin, Esquire THE REAL ESTATE AFFECTED BY THIS LIEN IS Pa I.D. #306799 485 North Nursery Drive aka 485 North Nursery Drive aka 485 Ralph M. Salvia, Esquire Nursery Road Unit T8 Mechanicsburg PA 17055 -7017 Municipality: U erA n Pa I.D. #202946 Jaime R. Ackerman, Esquire, ---- Pa I.D. #311032 ATTORNEY 401.: I IF Jana Fridfinnsdottir, Esquire ATTY FILE XCP 154510 -R1 Pa I.D. #315944 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233 -8500 (908) 233 -1390 FAX office @zuckergoldberg.com File No.: XCP- 154510 -R1 /du �IL.f S>39 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. h IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US Bank National Association, as Trustee for CIVIL DIVISION Structured Asset Investment Loan Trust Mortgage Pass - Through Certificates, Series 2006- NO.: 4 Plaintiff, Vs. Michael Meyer A /K /A Michael P. Meyer; 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 US Bank National Association, as Trustee for CIVIL DIVISION Structured Asset Investment Loan Trust Mortgage Pass - Through Certificates, Series 2006- NO.: 4 Plaintiff, VS. Michael MeyerA /K /A Michael P. Meyer; Defendant. AVISO USTED HA SIDO DEMANDADO /A EN CORTE. Si usted desea defenderse de la demanda establecida en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso respondiendo personalmente o por medio de un abogado una comparecencia esc rita y radicando en la Corte por escrito sus defensas y objeciones a las demandas establecidas en su contra. Se le advierte de que si usted falla en . tomar accion como se describe anteriormente, el caso puede proceder sin usted sin previo aviso y un fallo por cualquier suma de dinero reclamada en la demanda 0 cua Iquier otra reclamacion o remedio solicitado por el demandante, puede ser dictado en contra suva por la Corte. Usted puede perder dinero o propiedades u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI 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 Structured Asset Investment Loan Trust Mortgage f �2 Pass - Through Certificates, Series 2006 -4 NO.: V - ! cs Plaintiff -cs rT VS. CD Michael MeyerA /K /A Michael P. Meyer; Defendant. C� rt �;nCD Gr''r1 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 XCP- 154510 -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 & A ER, AN, LLC By: Dated: January , 2014 Scott A. Diett rick =re; '/PA I.D. #55650 Kimberly A. Bon Z'r, 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 XCP- 154510- R1 /mti 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233 -8500; (908) 233 -1390 FAX Email: Office @zuckergoldberg.com Zucker, Goldberg & Ackerman, LLC XCP- 154510 -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 .. Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? CO-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date you closed your loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Zucker, Goldberg & Ackerman, LLC XCP- 154510 -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 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 XCP- 154510 -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: AUTH ORIZATIO N 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. [/We understand that I /we am /are under no obligation to use the services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: V Proof of Income V Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of current utility bill V Letter explaining reason for delinquency and any supporting documentation (hardship letter) V Listing agreement (if property is currently on the market) Zucker, Goldberg & Ackerman, LLC XCP- 154510 -R1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US Bank National Association, as Trustee for CIVIL DIVISION Structured Asset Investment Loan Trust Mortgage Pass - Through Certificates, Series 2006- NO.: 4 Plaintiff, VS. Michael Meyer A /K /A Michael P. Meyer, Defendant. REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated February 28, 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 1. Defendant lives in the subject real property, which is defendant's primary residence; 2. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program" and has taken all of the steps required in that Notice to be eligible to participate in a court - supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Signature of Defendant's Counsel /Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date Zucker, Goldberg & Ackerman, LLC XCP- 154510 -R1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US Bank National Association, as Trustee for CIVIL DIVISION Structured Asset Investment Loan Trust Mortgage Pass - Through Certificates, Series 2006- NO.: 4 Plaintiff, VS. Michael Meyer A /K /A Michael P. Meyer; 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 Zucker, Goldberg & Ackerman, LLC XCP- 154510 -R1 Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff /lender must discuss resolution proposals with the authorized representative. in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff /lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff /lender at the rescheduled Conciliation Conference. 3. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 4. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, J. Zucker, Goldberg & Ackerman, LLC XCP- 154510 -R1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US Bank National Association, as Trustee for CIVIL DIVISION Structured Asset Investment Loan Trust Mortgage Pass - Through Certificates, Series 2006- NO.: 4 Plaintiff, VS. Michael Meyer A /K /A Michael P. Meyer; Defendant. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes US Bank National Association, as Trustee for Structured Asset Investment Loan Trust Mortgage Pass - Through Certificates, Series 2006 -4, 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 Structured Asset Investment Loan Trust Mortgage Pass - Through Certificates, Series 2006 -4, (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, Michael Meyer A /K /A Michael P. Meyer, is an individual whose last known address is P.O. Box 534, Camp Hill, PA 17001. 3. US Bank National Association, as Trustee for Structured Asset Investment Loan Trust Mortgage Pass - Through Certificates, Series 2006 -4, directly or through an agent, has possession of the Promissory Note. US Bank National Association, as Trustee for Structured Asset Investment Loan Trust Mortgage Pass - Through Certificates, Series 2006 -4 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 December 12, 2005, Michael P. Meyer made, executed and delivered to New Century Mortgage Corporation a Mortgage in the original principal amount of $162,621.60 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 February 1, 2006, in Mortgage Book \Volume 1938, Page 4743. 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 062 -PA -V3 Zucker, Goldberg & Ackerman, LLC relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 5. By Assignment of Mortgage recorded October 5, 2009, the mortgage was assigned to U.S. Bank National Association, as Trustee for the Structured Asset Investment Loan Trust, 2006 -4 which assignment is recorded in the Office of the Recorder of Deeds for Cumberland County, Instrument #200934262. The Assignment is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 6. Plaintiff is the current Mortgagee. By corrective Assignment of Mortgage recorded January 23, 2012, the mortgage was assigned to US Bank National Association, as Trustee for Structured Asset Investment Loan Trust Mortgage Pass - Through Certificates Series 2006 -4, which assignment is recorded in the Office of the Register of Deeds for Cumberland County, Instrument #201202116. The Assignment is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. Said Assignment of Mortgage was recorded to correct the name of the assignor /assignee in the aforementioned assignment. 7. 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 8. Michael P. Meyer is the record and real owner of the aforesaid mortgaged premises. 9. Defendant is in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the monthly installments of principal and interest due February 1, 2011. Zucker, Goldberg & Ackerman, LLC 062 -PA -V3 10. As of 01/08/2014 the amount due and owing Plaintiff by Defendants) is as follows: Principal $197,642.91 Interest From 01/01/2011 to 01/08/2014 $23,868.78 Late Charges $41.34 Escrow Advance $6,816.59 Property Inspections $180.00 Property Preservation $0.00 BPO /Appraisal $0.00 Escrow Balance $0.00 Corporate Advance Credit $(5.00) Total $228,544.62 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. 11. 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). 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 $228,544.62 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, GOLDB , LLC BY: Dated: Scott A. Die rick, 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 Attorneys for Plaintiff XCP- 154510 -R1 /du 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 062 -PA -V3 EXHIBIT A Zucker, Goldberg & Ackerman, LLC 062 -PA -V3 ��r�t•T ''A 11 OR U" ADJUSTABLE RATE NOTE (LIBOR Six Month Index (as Published in The Wall Street Journal) - Rate Caps) 5 YEAR RATE LOCK, 7 YEAR INTEREST ONLY PERIOD THIS NOTE CONTAINS PROVISIONS THAT WILL CHANGE THE INTEREST RATE AND THE MONTHLY PAYMENT. December 12, 2005 Mechanicsburg Pennsylvania (Date) (City) (State) 485 Nursery Road North, Mechanicsburg, PA 17055 (Property Address) 1. BORROWER'S PROMISE TO PAY In return for a loan that 1 have received, I promise to pay U.S. S 162,621.60 (this amount is called "principal "), plus interest, to the order of the Lender. The Lender is New Century Mortgage Corporation. 1. understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of 8.300 %. The interest rate I will pay will change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 is the rate I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments 1 will pay interest by making a payment every month. Beginning on the Amortization Start Date, I will pay principal each month in addition to interest. I will make my monthly payment on the first day of each month beginning on February 1, 2006 . I will make these payments every month until 1 have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before principal. If, on 01/01/2036 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." 1 will make my monthly payments at 18400 Von Karman, Suite 1000, Irvine, CA 92612 or at a different place if required by the Note Holder, NCNIC Fixed/ ARM Six Month LIBOR Interest Only Note (Multistate) Page l of 5 RE -440 (051005) ` (B) Amount of My Monthly Payments Each of my initial monthly payments will be in the amount of U.S. $1,124.80 . This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. (D) Withholding If I am a non - resident alien, I understand that all payments due hereunder shall be paid without reduction for any taxes, deductions or withholding of any nature. If such tax, deduction or withholding is required by any law to be made from any payment to the Note Holder, I shall continue to pay this Note in accordance with the terms hereof, such that the Note Holder will receive such amount as it would have received had no such tax, deduction or withholding been required. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rdte I will pay may change on the first day of January, 2011 and on the same day of every 6th month thereafter. Each date on which my interest rate could change is called an "Interest Rate Change Date." (B) The Index Beginning with the first Interest Rate Change Date, my interest rate will be based on an Index plus a margin. The "Index" is the average of interbank offered rates for six -month dollar deposits in the London market ( "LIBOR "), as published in The Wall Street Journal "Money Rates" Table. The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Interest Rate Change Date occurs is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes On each Interest Rate Change Date, the Note Holder will calculate my new interest rate by adding Five And Ninety -five Hundredth(s) percentage points (5.950 %) to the Current Index. The Note Holder will then round this figure to the nearest one - eighth of one percentage point (0.125 %). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Interest Rate Change Date. (i) Interest -Only Period. The "Interest -Only Period" is the period from the date of this Note through January 1, 2013, called the "Amortization Start Date." During the Interest -Only Period, my monthly payments will only pay the interest I owe. During the Interest -Only Period, the Note Holder will calculate the amount of my monthly payment to be one - twelfth (1 /12th) of one (1) year's interest at the then applicable interest rate. The result of this calculation will be the amount of my monthly payment until changed. NCMC Fixed/ ARM Six Month LIBOR Interest Only Note (Multistate) Page 2 of 5 RE-440 (051005) (ii) Amortization Period. Beginning on the Amortization Date my monthly payments will include principal. Starting on the Amortization Start Date and continuing until the Maturity Date, on each Interest Rate Change Date the Note Holder will calculate the amount of the monthly payment that would be sufficient to fully repay the remaining unpaid principal in equal monthly payments by the Maturity Date at the new interest rate, assuming, for purposes of each calculation, that the interest rate did not change again. The result of this calculation will be the new amount of my monthly payment until the next Interest Rate Change Date. (D) Limit on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 9.800 % or less than 8.300 %. Thereafter, my interest rate will never be increased or decreased on any single Interest Rate Change Date by more than one and one half percentage points (1.5 %) from the rate of interest I have been paying for the preceding month. My interest rate will never be greater than 15.300 % or less than 8.300 %. (E) Effective Date of Changes My new interest rate will become effective on each Interest Irate Change Date. 1 will pay the amount of my new monthly payment beginning on the first monthly payment date after the Interest Kate Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment at least 25 days before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any questions I may have regarding the notice. 5. 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 make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note and to pay the interest then accruing at the Note rate as of the date my prepayments are applied. If I make a partial prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. My partial prepayment may reduce the amount of my monthly payments after the first Change Date following my partial prepayment. However, any reduction due to my partial prepayment may be offset by an interest rate increase. 6. 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: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) 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. NCMC Fixed/ ARM Six Month LIBOR Page 3 of 5 Interest Only Note (Multistate) RE-440 (051005) 7. RORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of fifteen calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000% or $5.00, whichever is greater of my overdue monthly payment. 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 will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed to me. (D) No Waiver by Note Molder 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 1 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 attomeys' fees. 8. 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. Unless the Note Holder requires a different method, any notice that must be given to the Note Holder under this Note will be given 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. 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. 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 amount owed under this Note. 10. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor, and further waive all relief under any valuation and appraisement laws. "Presentment" means the right to NCntC Fixed/ ARM Six Month LIBOR Page 4 of 5 Interest Only Note (Multistate) RE-440 (051005) 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. 11. GOVERNING LAW - SECURED NOTE This Note is governed by federal law and the law of the jurisdiction in which the property encumbered by the Security Instrument (as defined below) is located. 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 the Note. That Security Instrument describes how and under what conditions I may he required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. 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 delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. CAUTION IT IS IMPORTANT THAT YOU THOROUGHLY READ THIS NOTE BEFORE YOU SIGN IT. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED Q ic la eyer - Borrower - Borrower — Berrotiver - Borrower - Borrower - Borrower - Borrower - Borrower (Sign Original Only) 'a*tlhleer f, lih ut recourseNeg ion By: VP 190sords Management NCn +c Fixed/ ARM Six Monib L18OR Interest Only Note (Multistate) Page 5 of 5 RE-440 (051005) ; EXHIBIT B Zucker, Goldberg & Ackerman, LLC 062 -PA -V3 it ,s CRI693 EXHIBIT "A" ALL THAT CERTAIN UNIT, BEING UNIT NO. T8 (THE "UNIT "), OF GALA SQUARE, A TOWNHOME CONDOMINIUM (THE "CONDOMINIUM "), LOCATED IN UPPER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, WHICH UNIT DESIGNATED IN THE DECLARATION OF CONDOMINIUM OF GALA SQUARE, A TOWNHOME CONDOMINIUM (THE "DECLARATION OF CONDOMINIUM ") AND DECLARATION PLATS AND PLANS RECORDED IN THE OFFICE OF THE CUMBERLAND COUNTY RECORDER OF DEEDS IN MISCELLANEOUS BOOK 719, PAGE 1313 AND RIGHT OF WAY PLAN BOOK 13, PAGE 111, RESPECTIVELY, TOGETHER WITH ANY AND ALL AMENDMENTS THERETO. TOGETHER WITH THE UNDIVIDED PERCENTAGE INTEREST IN THE COMMON ELEMENTS APPURTENANT TO THE UNIT AS MORE PARTICULARLY SET FORTH IN THE AFORESAID DECLARATION OF CONDOMINIUM, AS LAST AMENDED. TOGETHER WITH THE RIGHT TO USE THE LIMITED COMMON ELEMENTS APPLICABLE TO THE UNIT BEING CONVEYED HEREIN, PURSUANT TO THE DECLARATION OF CONDOMINIUM AND DECLARATION PLATS AND PLANS, AS LAST AMENDED. UNDER AND SUBJECT TO THE DECLARATION OF CONDOMINIUM, TO ANY AND ALL OTHER COVENANTS, CONDITIONS, RESTRICTIONS, RIGHTS -OF -WAY, EASEMENTS AND AGREEMENTS OF RECORD IN THE AFORESAID OFFICE, AND MATTERS WHICH A PHYSICAL INSPECTION OR SURVEY OF THE UNIT AND COMMON ELEMENTS WOULD DISCLOSE. BEING THE SAME LOT OR PARCEL OF GROUND WHICH BY DEED DATED MARCH 2, 2005, AND RECORDED AMONG THE LAND RECORDS OF CUMBERLAND COUNTY IN BOOK 268 PAGE 693, WAS GRANTED AND CONVEYED BY UPPER ALLEN PARTNERS, L.P., A PENNSYLVANIA LIMITED PARTNERSHIP, UNTO CLASSIC COMMUNITIES CORPORATION, A PENNSYLVANIA CORPORATION. BEING THE SAME LOT OR PARCEL OF GROUND WHICH BY DEED DATED NOVEMBER 29, 2005, AND TO BE RECORDED AMONG THE LAND RECORDS OF CUMBERLAND COUNTY IN BOOK XXX PAGE XXX, GRANTING AND CONVEYING BY CLASSIC COMMUNITIES CORPORATION, A PENNSYLVANIA CORPORATION, UNTO MICHAEL D. MEYER, AN ADULT INDIVIDUAL. I Certify this to be recorded 1'n Cumberland County PA Recorder of Deeds EXHIBIT C Zucker, Goldberg & Ackerman, LLC 062 -PA -V3 . . .......... ..... . . .... . . . .... . ............ . ..... ....... - -- -------------- ............ .. . . . . .......... ... . ........ ..... . ...... . ------ - - -- - . . .. ............ . . . . . .......... ........... . . . . . . . ........ AS CRU'. LOAN MODIFICATION AGREEMENT LOAN NUMBER PROPERTY ADL.--. oa-muZeery-Dr—N -- --- Mechanicsburg PA 17055 THIS LOAN MODIFICATION AGREEMENT ( "Agreement "), made on October 14, 2010, by and between Michael P Mayer and and (the "Borrower(s)") and c GfVicind g together with the Borrower(s), the "Parties "). WITNESSETH WHEREAS, Borrower has requested and Lender has agreed, subject to the . ......... following.ter. . ...... 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 12/12/2005.) 1. BALANCE. As of October 14, 2010, the amount payable under the Note and Security Instrument Ithe "Unpaid Principal Balance") is U.S. 161,939.99. 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 03-01-09 to 01/01/2011. The first modified contractual due date is on 01/01/2011. B. The maturity date has been extended from 01-36 (mon to 12/01/2050. C. The amount of interest to be included (capitalized) will be U.S. $ 24,641,76. The amount of the Escrow Advance to be capitalized will be U.S. $8,844.86. The amount of Recoverable Expenses* to be capitalized will be U.S. $2,383.66. The modified Unpaid Principal Balance is U.S. $ 197,810.27. * 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. $ 197,810.27. The Borrower(s) promises to make monthly payments of principal and interest of U.S. $ 826.73, at a yearly rate of 4.000%, not including any escrow deposit, if applicable. If on the maturity date the Borrower(s) still owes an amount under the Note and Security Instrum as Amended by this Agreement, .. . ....... . Borrower (s) will -pay, this amount in full on-the Matur-ity—date ............. . . . . ............. . . .......... . . . . . . .......... . . . . ........ . ... ... ..... LM521/15H/1 . . ...... . ..... . . .. . . . . . ............. . . ........ ..... .. . . ............. . ... . . ...... .......... . . ........ ......... . . . .......... . . . ....... ... . .. .. ...... . . ............. ..... . .. . . ... ........ . . . . ..... . . . ....... ..... . . .... . . . . . . .. .......... ... .. ........... . .. ... . ..... ...... . ...... ...... . . ....... . ....... . . ...... . . .... . .. . . ...... - - _- . .. ..... . . ....... . . .... . ..... 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 Security 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 -Se ttLement-Statement- Borrower Is) agree -with the---- information disclosed in and understand that I/we an/are responsible for payment of any outstanding balances outlined in the Loan Modification Settlement. S. The undersigned Borrower(s) acknowledge receipt and acceptance of the Borrower Acknowledgements, Agreements, and Disclosures Document (BRAD). 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 Special Flood Hazard Area (SFRA). 6. That (he/she/they) (is/are) the Borrower(s) on the above-referenced Mortgage Loan serviced by America's Servicing Company. 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. LX521/15H/2 ... . ...... ................ . ............ . .. . . . . .............. .. .. .......... . . ...... ..... ... ...... . . . . ....... .... . ................. . . . ........ . .. ....... . . . . . ......... -. . .......... .. . . .... .....- . ........... .. . . ...... .. . . ..... ..... . . ............. ............... . . .. ......... ...... . ... .......... . ...... . . . - -- ........ . . .. . ..... ... . ....... ......... . . .. .... ... .. ................. . . ..... . . .............. ..... . . .... . .......... ... . . . ........ .. . ............ i ' AYl RIC A'f lfRY1 CIRf COYIAM• Rdom M0 opalci— P.o. D. I Was D. IN h-. (A JD)lb0Ja8 .......__. .CORRECTION__AGREEMENT.... The -..undersigned ..._b- orrowe.r....(s..)..., - .f.or....._. and. . -in _ ............. _ --.. consideration of the approval, closing and funding of this Modification, hereby grants America's Servicing Company, as Lender., limited power of attorney to correct and /or initial all typographical or clerical errors discovered in the Modification —. . __`_ . _ .. _ — Agzeem�nt�equired - fio be srgned. — I� - the went this limited powe r_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. This limited power of attorney shall automatically terminate in 120 �d from the closing date of the undersigned's Modification, rrower(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 us, however, any calls we place to your ' cellular or mobile phone will incur normal airtime charges assessed by your mobile carrier. Dated s of this day of 20 Michael P Meyer Signature � /��f� -fix, i na ure I �� COMMONWEALTH OF PENNSYLVANIA 'J �1 Notarial Seal �� cuong C Dang, Notary Public Amer_ ica' _s.....Servicing_C_ompa_n.y - -- _ _ _ _. -. _ . __. ..Hampden Twp.,Cumberlandcounty My Commission b� Nt 4 2014 Name • �� ue G✓ Member, Penravlvanla Assodatl011 of Notaries Its We PreA clent Loan Documentation I .... .. .... .... . .... .._- i VERIFICATION Darren 011am, hereby states that(h she is Vice President Loan Documentation of WELLS FARGO BANK, N.A., mortgage servicing agent for plaintiff in this matter that6she 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 Sher information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Further, due to its mortgage servicing agency relationship with plaintiff, WELLS FARGO BANK, N.A. is in possession and control of all documents and records supporting the statements in the foregoing pleading and, therefore, the undersigned, rather than an officer or employee of plaintiff, is the appropriate individual to make this Verification pursuant to Pa.R.C.P. 1024(c). Name: Darren 011am Title: Vice President Loan Documentation Company: Wells Fargo Bank N.A. Date: 01/10/2014 085 -PA -V2 File# 154510 - \ k SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson 1 :1;.-. fpm 4') t,d,1 l}+I ii { Sheriff i rt) i_ c ,tt� ci cli[ b,, Jody S Smith 2014 FEB 19 Phi 3: C9 Chief Deputy Richard W Stewart CUMBERLAND COUNTY Solicitor ray- PENNSYLVANIA Us Bank National Association vs. Case Number Michael P. Meyer 2014-383 SHERIFF'S RETURN OF SERVICE 02/06/2014 08:50 AM - Sergeant Jason Vioral 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: Michael P. Meyer at the Cumberland County Sheriffs Office, One Courthouse Square, Carlisle, PA 17013. r JAS' VIO' L, DEPUTY SHERIFF COST: $39.30 O • SWERS, February 07, 2014 RON R ANDERSON, SHERIFF .i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US Bank National Association, as Trustee for CIVIL DIVISION • Structured Asset Investment Loan Trust Mortgage Pass-Through Certificates,Series 2006- : NO.: 14-383 Civil Term 4 Plaintiff, • vs. [= Michael Meyer A/K/A Michael P. Meyer; mra-z Defendant. <y � Vic_ , REQUEST FOR CONCILIATION CONFERENCE `='r Pursuant to the Administrative Order dated February 28,2012 governing the Cumberf1ndr 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 fats' ' ion authorities. Y7-'2 2) 1FL-A ZA3) Signature of Defendant's Counsel/Appointed Date Legal\Representative, l // Signature of Defendant Date Signature of Defendant Date Zucker,Goldberg&Ackerman, LLC XCP-154510-R1 r ! CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Request For Conciliation Conference on counsel of Plaintiff,by depositing same in the United States Mail, first class,postage pre-paid on the 24th day of February, 2014, from New Cumberland, Pennsylvania, addressed as follows: Jaime R. Ackerman,Esquire Zucker, Goldberg&Ackerman,LLC 200 Sheffield Street, Suite 101 Mountainside,NJ 07092 Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 -44 ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Defendant US BANK NATIONAL ASSOCIATION, as Trustee for Structured Asset Investment Loan Trust Mortgage Pass-Through Certificates, Series 2006-4, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION : NO. 14-0383 CIVIL MICHAEL MEYER a/k/a MICHAEL P. MEYER, Defendant C-0 CASE MANAGEMENT ORDER AND NOW, this day of March, 2014, the parties having agreed to 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 0/(a,lit oelk5-0?Oir, at c:;2:67) m. in Chambers No. 4 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 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. Jaime R. Ackerman, Esquire Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 For the Plaintiff obert P. Kline, Esquire 714 Bridge Street P. O. Box 461 New Cumberland, PA 17070 -0461 For the Defendant :rim irzLIEL ,, 3popy BY THE COURT, Kevin : Hess, P.J. US BANK NATIONAL ASSOCIATION, as Trustee for Structured Asset Investment Loan Trust Mortgage Pass - Through Certificates, Series 2006 -4, Plaintiff vs. MICHAEL MEYER a/k/a MICHAEL P. MEYER, Defendant IN THE COURT OF COMMON PLEAS OF CUBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 14 -0383 CIVIL ORDER AND NOW, this 26" day of April, 2014, this matter is removed from the Cumberland County Mortgage Foreclosure Diversion Program and the stay in this case lifted effective June 10, 2014. anr Ralph Salvia, Esquire 240 Gettysburg Pike Mechanicsburg, PA 17055 For the Plaintiff Robert P. Kline, Esquire 714 Bridge Street P. O. Box 461 New Cumberland, PA 17070 -0461 For the Defendant BY THE COURT, Robert P. Kline, Esquire Kline Law Office 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 telephone (717) 770-2553 facsimile T Hr-1'ft0 IiH NC3��t;C�:.�, NittJUN27 PM I:St CUMBERLAND COUNT'' PENNSYLVANIA US BANK NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS AS TRUSTEE FOR STRUCTURED : CUMBERLAND COUNTY, PENNSYLVANIA ASSET INVESTMENT LOAN TRUST : MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-4, • PLAINTIFF : NO. 14-383 CIVIL TERM VS. : CIVIL ACTION— MORTGAGE FORECLOSURE MICHAEL MEYER A/K/A MICHAEL P. : MEYER, DEFENDANT ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes the Defendant, Michael Meyer, a/k/a Michael P. Meyer, by his attorney, Robert P. Kline, Esquire, and files this Answer to the Complaint in Mortgage Foreclosure as follows: 1. Admitted upon information and belief. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted in part, denied in part. Admitted that Defendant, Michael P. Meyer, was approved by Plaintiff for modification at an interest rate set forth at 4%. Attached hereto as Exhibit "A" is the original version of the Modification Agreement, marked up by Defendant pursuant to a telephone conversation and contemporaneously with said telephone conversation, with a representative of Plaintiff. Despite repeated requests for a corrected Modification Agreement, Plaintiff has, to date, failed to provide Defendant with said corrected Modification Agreement. Therefore, the allegation of this paragraph setting forth other, incorrect, terms of said Modification Agreement are hereby denied. 8. Admitted. 9. Denied as stated. Defendant Michael P. Meyer was specifically advised by a representative of Plaintiff that no payments would be necessary until such time as he received an invoice due to a credit on the account at the time of the Modification. Said credit was based, upon the belief of the Defendant, upon certain payments that he had made in December, 2010, totaling $3,559.91 (copies of the cancelled checks are attached as Exhibit "B" hereto). Despite the fact that said payments were deposited by Plaintiff on January 4, 2011, it is believed and, therefore, averred that said payments were not posted, if they were, in fact, posted at all, to Defendant's account or, if posted at all, were posted incorrectly. Subsequent attempts on the part of Defendant to make payments have been refused and returned by Plaintiff. 10. Denied. Despite repeated attempts to obtain verification as to the alleged figures from Plaintiff and repeated attempts on the part of the Defendant over the course of the last three and one-half (3'/2) years to correct disputed figures, Plaintiff has been unable to clarify or rectify the actual amount due and communicate that amount to Defendant and, therefore, Defendant denies the allegation of this paragraph and proof is demanded. 11. The Defendant is without specific knowledge from which to admit or deny the allegation of this paragraph and, therefore, the allegation is denied and proof is demanded. 12. The allegation of this paragraph is a legal conclusion to which no responsive pleading is required. DATE Respectfully submitted, ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Defendant ASCJ. F Md�fOA•I •Br+YICjNI CO..f•ANY adorn/And [Mention. • p,o, Mx IOW DA. M,lnna fA SOSO ..388 LOAN MODIFICATION AGREEMENT LOAN NUMBER: 106 1/00184358 PROPERTY ADDRESS 485 Nursery Dr N Mechanicsburg PA 17055 THIS LOAN MODIFICATION AGREEMENT ("Agreement"), made on October 14, 2010, by and between Michael P Meyer and and (the "Borrower(s)") and America's Servicing Company (the "Lender", together with the Borrower(s), the "Parties"). WITNESSETH WNER1:AS, Borrower has requested and Lender ham agreed, subject to the following terms and conditions, to a loan modification as follows: NOW WHEREFORE, 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 12/12/2005.) 1. BALANCE. As of October 14, 2010, the amount payable under the Note and Security Instrument (the "Unpaid Principal Balance") is U.S. $ 161,939.99. 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 03-01-09 to 01/01/2011. The first modified contractual: due date is on 01/01/2011. B. The maturity date has been extended from 01-36 (month/year) to 12/01/2050. C. The amou interest to. be inc ed a a z 1b Ut /- �/ s etroff:7 6 x"74/ , b e - / L{�Y�z- �,. iA 2') e ^' f� exO.8. ;4/ 0 , -P1+K 111.1 7'h.e amount, of the Escrow Advance to be capitalized will be U.S. The amount of Recoverable Expenses* to be capitalized will be •1/x.x ap/u U.S.$2,383.66. The modified Unpaid Principal Balance is U.S. $ 1 / tiS ' 7-44A2 * Recoverable Expenses may include, but are not i,mi,ted to: Title, ') l Attorney fees/costs, BPO/Appraisal, and/or P.�.y:�t P�reservation/ Property Inspections sk D, The Borrower(s) promises to pay the Unpaidincipal Balance plus interest, to the order of the Lender. Interest will be charged on the Unpaid Principal Balance of U.S.' $7`94773-1/The - * Borrowers) promises to make monthly payments of principal and interest of U.S. $ ; at a yearly rate of 4,000%, 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/ISH/1 Exhibit "A" /9J- 12/25/2010 2:54PM (GMT -06:00) 3. NOTE AND SECURITY INSTRUMENT. Nothing in. this Agreement shall be understood or construed to be a satisfaction or release, in whole or in pant of the Borrower's obligations under the Note or Security Instxume.ry-. Further, except as otherwise specifically provided in this Agreements the Note and Security Instrument will. remain unchanged, anal 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) cknowledge receipt and acceptance of the Loan Modification settlen}en ement. Borrower(s) agree with the information disclosed -01 d derstand that I/we am/are r,esponaib.].e for payment of any outstanding balances outlined in the Loan Modification Settlement. 5. The undersigned Borrower(b) acknowledge receipt and acceptance of the Borrower Acknowledgements, Agreements, and Disclosures nocum@nt (SAAD). . 6. If included, .the undersigned Borrower (s) ack�owle e reeipt acceptance of the Truth in Lending statement.] ,J"" 7. If included, the undersigned Borrower(s) acknowlge receipt and acceptance of the Special Flood Hazard Area (SFHA). 8. That (he/she/they) (is/axe) the Borrower(s) on t e above -referenced Mortgage Loan serviced by America's Servicing Company. 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/I$I1/2 ,:p757 �p+1T-06:0Q ::,1 �Q 2.54PM t 12/2W2.06 n..f RfCIPI CERVIC11.0 aoletn NV ANutR Mnn O,a.II.II. P.O 04t IOM D.b Mnlnce. M 1Mna.OARA CORRECTION AGREEMENT. The undersigned borrower(s), for and in consideration of the approval, closing and funding of: this Modification, hereby grants America's Servicing Company, 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. This 1'fi ed power of attorney shall automatically terminate in 12 arn the closing date of the undersigned's Modification. ,-orrower(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 us, however, any calls we place to your cellular or mobile phone will incur normal airtime charges assessed by your mobile carrier. Doted as of ffr.thi day of 20 IP Michael P Meyer Signature America's Servicing Company Name: Its: I.M527/I5H/3 Signature 12/25/2010 2:54PM (GMT -06:00) Lu. COL/ if) r- cnim o1/04 /2011. - 108. - Deposit Only Wells Fargo Baok 1ZA. •KC DBA Alnerir-as Svog Co As Trustees fox Various Investors 422120696B -ramoLneg GUMP P080X634 CASPHILL,PA1CX1 MY ID ME GUIVICIF IWIETR yrs BANK 144 k -A.0 -&--4t /1-C"I'192rI) eicri?s-ir" 1:01/30L13141;53 8&2q,6a rosa ct# 5 824 :210 For 2,741.08 - Chk 581-01/05/20U 1 cn Acoft 5 82412 0 For $2,741.08 - Chk# 81- O1/05/20 Exhibit "B" VERIFICATION I verify that the statements made in the foregoing Answer to Complaint in Mortgage Foreclosure are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 0.51/41 P/(aerza "P. -1to-r-J Date MICHAEL P. MEYER CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Answer to Complaint in Mortgage Foreclosure upon Plaintiff by depositing same in the United States Mail, first class, postage pre -paid on the 26th day of June, 2014, from New Cumberland, Pennsylvania, addressed as follows: Jaime R. Ackerman, Esquire Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US Bank National Association, as Trustee for CIVIL DIVISION Structured Asset Investment Loan Trust Mortgage Pass -Through Certificates, Series 2006- : NO.: 14-383 4 Plaintiff, vs. Michael Meyer A/K/A Michael P. Meyer; Defendant. MOTION FOR SUMMARY JUDGMENT PURSUANT TO Pa R.C.P. 1035.2 c a riff. US Bank National Association, as Trustee for Structured Asset Investment Loan Trust tvk rtka Pass -Through Certificates, Series 2006-4 ("Plaintiff"), by its attorneys, Zucker, Goldberg & Ackerman, LLC, files the following Motion for Summary Judgment Pursuant to Pa. R.C.P. 1035.2: 1. Plaintiff commenced the above -captioned action by filing a Complaint in Mortgage Foreclosure on or about January 21, 2014. In its Complaint, Plaintiff alleges that Defendant is in default under the terms of a Note, dated December 12, 2005 in favor of New Century Mortgage Corporation in the original principal amount of $162,621.60 ("Note") and a Mortgage securing said Note on real property and improvements thereon commonly known as 485 North Nursery Drive aka 485 North Nursery Drive aka 485 Nursery Road, Unit T8, Mechanicsburg, PA 17055-7017 ("Premises"). 2. Defendant filed an Answer to Plaintiff's Complaint on or about June 26, 2014. 3. Pennsylvania Rule of Civil Procedure 1029 (b) states "[a]verments in a pleading to which a responsive pleading is required are admitted when not denied specifically or by necessary implication. A general denial or a demand for proof... shall have the effect of an admission." 4. In his Answer, Defendant admits executing a mortgage in favor of New Century Mortgage Corporation, demanding strict proof of aforesaid Note (Answer at '114). 5. In his Answer, Defendant denies his default by claiming an accounting error on behalf of the Plaintiff (Answer at 119). 6. In his Answer, Defendant denies the amount due and owing the Plaintiff, claiming Plaintiff has been unable to clarify or rectify the amount claimed to be due and owing (Answer at ¶ 10). 7. Defendant has offered no evidence in support of his denials. Zucker, Goldberg & Ackerman, LLC XCP-154510-R1 8. To further support the averments in its Complaint, Plaintiff has filed a sworn affidavit, which is attached hereto as Exhibit "A" and incorporated by reference. In the Affidavit, an authorized representative of the Plaintiff certifies that the Defendant is in default under the terms of the Note and Mortgage, and further certifies the amount due and owing Plaintiff. The testimony is based on the Loan History Report, a business record of Plaintiff maintained in the normal course of business. 9. According to the Loan History Report, the amount due and owing by the Defendant to Plaintiff is as follows: Principal $197,642.91 Interest through 10/01/14 $29,646.45 Tax Disbursements $10,035.62 Property Inspections/Preservation $180.00 Credits to Borrower $ 46.34 Total $237,458.64 10. Defendant has failed to raise a genuine issue of material fact in his Answer and has effectively admitted all material allegations against him by virtue of his unsupported denials, therefore, pursuant to Pa.R.C.P. 1035.2, Plaintiff is entitled to summary judgment as a matter of law. WHEREFORE, pursuant to Pa.R.C.P. 1035.2, Plaintiff respectfully requests this Honorable Court grant its Motion for Summary Judgment and enter Judgment in Mortgage Foreclosure in its favor and against Defendant in the total amount of, additional late charges, attorneys' fees and costs, and for foreclosure and sale of the Mortgaged Premises. By: Dated: December 3, 2014 G & 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 Ralph M. Salvia, Esquire; PA I.D. #202946 Jana Fridfinnsdottir, Esquire; PA I.D. #315944 Attorneys for Plaintiff XCP-154510-R1/RSAL 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com Zucker, Goldberg & Ackerman, LLC XCP-154510-R1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US Bank National Association, as Trustee for Structured Asset Investment Loan Trust Mortgage Pass -Through Certificates, Series 2006-4 Plaintiff, vs. Michael Meyer A/K/A Michael P. Meyer; Defendant. CIVIL DIVISION NO.: 14-383 PLAINTIFF'S AFFIDAVIT IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT STATE OF NORTH CAROLINA ss. COUNTY OF MECKLENBURG See Chang, being duly sworn according to law, deposes and says: 1. I am employed in the capacity of Vice President Loan Documentation at Wells Fargo Bank, N.A., DBA America's Servicing Company mortgage servicing agent for Plaintiff in the within matter. 2. In the regular performance of my job functions, I am familiar with business records maintained by Wells Fargo Bank, N.A. (hereinafter "Wells Fargo") for the purpose of servicing mortgage loans, and I have personal knowledge of the operation of and the circumstances surrounding the preparation, maintenance, and retrieval of records in Wells Fargo's record keeping systems. These records (which include data compilations, electronically imaged documents, and others) are made at or near the time by, or from information provided by, persons with knowledge of the activity and transactions reflected in such records, and are kept in the course of business activity conducted regularly by Wells Fargo. It is the regular practice of Wells Fargo's mortgage servicing business to make these records. In connection with making this affidavit, I have acquired personal knowledge of the matters stated herein by personally examining these business records. 3. U.S. Bank National Association, as Trustee for Structured Asset Investment Loan Trust Mortgage Pass -Through Certificates, Series 2006-4, directly or through an agent has possession of the Promissory Note. U.S. Bank National Association, as Trustee for Structured Asset Investment Loan Trust Mortgage Pass -Through 001 -PA -V2 Certificates, Series 2006-4 is either the original payee of the Promissory Note or the Promissory Note has been duly indorsed 4. All proper payments made by Defendant(s) has/have been credited to Defendant's(s') account. 5. Defendant's(s') mortgage payments due 02/01/11 and each month thereafter are due and unpaid. 6. The total amount due to Plaintiff on said Mortgage through 10/01/2014 is $237,458.64 which breaks down as follows: Principal $197,642.91 Interest From 01/01/2011 to 10/01/2014 @ 4.000% $29,646.45 Pre -acceleration Late Charges $0.00 Hazard Insurance Disbursements $0.00 Tax Disbursements $10,035.62 Property Inspections/Preservation $180.00 PMIIMIP Insurance $0.00 Other (specify charges/fees) $0.00 Escrow Balance Credit $0.00 Credits to Borrower $46.34 Total $237,458.64 Per diem interest in the amount of $21.66 will accrue on the principal from 10/01/2014 and thereafter in accordance with the Note. 7. Mortgagor has failed to cure the default. 8. Plaintiff provided mortgagor with a Notice of Intention to Foreclose Mortgage, but Defendant(s) did not take the necessary affirmative steps to avoid foreclosure. 001 -PA -V2 9. Plaintiff properly accelerated its mortgage to protect its interests. See Chang Vice President Loan Documentation Wells Fargo Bank, NA 10/02/14 State of North Carolina County of Mecklenburg CI The foregoing instrument was sworn to and subscribed before me this g g � � day of 2014, by. See__ ah nQ , who is personally known to me. `$,``� 00 ,,Y W Mfrs 5.--" 'Notary 'G? lecgtet burg County: E- )04 //�1111114(W\ 001 -PA -V2 NOTARY PUBLIC, State of Or My commission expires: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US Bank National Association, as Trustee for Structured Asset Investment Loan Trust Mortgage Pass -Through Certificates, Series 2006- . 4 Plaintiff, vs. Michael Meyer A/K/A Michael P. Meyer; Defendant. CIVIL DIVISION NO.: 14-383 CERTIFICATE OF SERVICE The undersigned hereby certifi s that a true and correct copy of the Motion For Summary Judgment was served on the following this d of December, 2014, via First Class U.S. Mail, Postage Pre -Paid: Robert P. Kline, Esquire 714 Bridge Street, PO Box 461 New Cumberland, PA 1707 & ACKERMAN, LLC By: + �/ Scott A. Dietterick, Esquire- Atty I.D.#55650 Kimberly A. Bonner, Esquire - Atty I.D.#89705 Joel A. Ackerman, Esquire- Atty I.D. #202729 Ashleigh Levy Marin, Esquire- Atty 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 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Zucker, Goldberg & Ackerman, LLC XCP-154510-R1