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Home My WebLink About14-0673 Supreme Court_of Pennsylvania z -i -�. Cou rt of Common Pleas G ill CQVer Sbeet For .Prothonotary Use Only: Cl` MBk12CANPI, � County Docket No: r The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S ® Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E Lead Plaintiff's Name: U.S. Bank National Association, as Trustee, Lead Defendant's Name: Michelle L. Kann C for Residential Asset Securities Corporation, Home Equity Mortgage T Asset - Backed Pass - Through Certificates, Series 2006 -EMX3 I Are money damages requested ?: El Yes ® No Dollar Amount Requested: within arbitration limits (Check one) U x outside arbitration limits N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJ AppeaR [ ® No Name of Plaintiff /Appellant's Attorney: Scott A. Dietterick, Esq. c/o Zucker, Goldberg & Ackerman, LLC A ❑ Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other S ❑ Product Liability (does not include mass tort) ❑ Employment Dispute: E ❑ Slander /Libel /Defamation Discrimination El Other: ❑ Employment Dispute: Other C E] Zoning Board T ❑ Other: I MASS TORT ❑ Other: O El 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 B El Ground Rent El Mandamus ❑ Landlord/Tenant Dispute ❑ Non- Domestic Relations PROFESSIONAL LIABILITY ® Mortgage Foreclosure: Residential Restraining Order ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1//2011 Zucker, Goldberg & Ackerman, LLC 062 -PA -V3 T IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVA . A ,- ' - 0 CO- U.S. BANK NATIONAL ASSOCIATION, AS CIVIL DIVISION TRUSTEE FOR RESIDENTIAL ASSET SECURITIES c n Y Ln =•r� CORPORATION, HOME EQUITY MORTGAGE NO.: . 111 ( ��- ASSET - BACKED PASS - THROUGH CERTIFICATES, SERIES 2006 -EMX3, TYPE OF PLEADING Plaintiff, CIVIL ACTION - COMPLAINT VS. IN MORTGAGE FORECLOSURE Michelle L. Kann; Joshua A. Kann; FILED ON BEHALF OF: U.S. Bank National Association, as Trustee, for Defendants. Residential Asset Securities Corporation, Home Equity Mortgage Asset - Backed Pass - Through TO: DEFENDANTS Certificates, Series 2006 -EMX3 YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR DEFAULT JUDGMENT MAY BE COUNSEL OF RECORD FOR THIS PARTY: ENTERED AGAINST YOU. I HEREBY CERTIFY THAT THE ADDRESS ZUCKER, GOLDBERG & ACKERMAN, LLC OF THE PLAINTIFF IS: 3476 Stateview Blvd. Scott A. Dietterick, Esquire- Pa. I.D. #55650 Ft. Mill, SC 29715 Kimberly A. Bonner, Esquire- Pa. I.D. #89705 AND THE DEFENDANT: Joel A. Ackerman, Esquire- Pa I.D. #202729 504 North Walnut Street Ashleigh Levy Marin, Esquire- Pa I.D. #306799 Mount Holly Springs, PA 17065 -1509 Ralph M. Salvia, Esquire- Pa I.D. #202946 Jaime R. Ackerman, Esquire- Pa I.D. #311032 Jana Fridfinnsdottir, Esquire- Pa I.D. #315944 CERTIFICA f LOCATION I H i EBY ER THAT THE LOCATION OF Brian Nicholas, Esquire- Pa I.D. #317240 THE E ES FECTED BY THIS LIEN IS Denise Carlon, Esquire- Pa I.D. #317226 504 In reet Mount Holl S rin s PA 17065 -1509 Muni It ' Holl S rin s Lu K / 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 ATTO NE FOR\P _ IF (908) 233 -8500 (908) 233 -1390 FAX ATTY�FI E NO.: XCP 146835 -R1 office @zuckergoldberg.com File No.: XCP- 146835- R1 /mme IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. Bank National Association, as Trustee, for CIVIL DIVISION Residential Asset Securities Corporation, Home Equity Mortgage Asset - Backed Pass - Through NO.: Certificates, Series 2006 -EMX3 Plaintiff, VS. Michelle L. Kann; Joshua A. Kann; Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND LAWYER REFERRAL Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990 -9108 Phone (800) 990 -9108 (717) 249 -3166 (717) 249 -3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. Bank National Association, as Trustee, for CIVIL DIVISION Residential Asset Securities Corporation, Home Equity Mortgage Asset - Backed Pass - Through NO.: Certificates, Series 2006 -EMX3 Plaintiff, VS. Michelle L. Kann; Joshua A. Kann; Defendants. AVISO LISTED HA SIDO DEMANDADO /A EN CORTE. Si usted desea defenderse de la demanda establecida en las siguientes paginas, debe tomar accion dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso respondiendo personalmente o por medio de un abogado una comparecencia esc rita y radicando en la Corte por escrito sus defensas y objeciones a las demandas establecidas en su contra. Se le advierte de que si usted falla en tomar accion como se describe anteriormente, el caso puede proceder sin usted sin previo aviso y un fallo por cualquier suma de dinero reclamada en la demanda 0 cua Iquier otra reclamaci6n o remedio solicitado por el demandante, puede ser dictado en contra suva por la Corte. Usted puede perder dinero o propiedades u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO 0 NO PUEDE PAGAR LINO, LLAME 0 VAVA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND LAWYER REFERRAL Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990 -9108 Phone (800) 990 -9108 (717) 249 -3166 (717) 249 -3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. Bank National Association, as Trustee, for CIVIL DIVISION Residential Asset Securities Corporation, Home Equity Mortgage Asset - Backed Pass - Through NO.: Certificates, Series 2006 -EMX3 Plaintiff, VS. Michelle L. Kann; Joshua A. Kann; Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes U.S. Bank National Association, as Trustee, for Residential Asset Securities Corporation, Home Equity Mortgage Asset - Backed Pass - Through Certificates, Series 2006 -EMX3, by its attorneys, Zucker, Goldberg & Ackerman, LLC, and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is U.S. Bank National Association, as Trustee, for Residential Asset Securities Corporation, Home Equity Mortgage Asset - Backed Pass - Through Certificates, Series 2006 - EMX3, (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, Michelle L. Kann, is an individual whose last known address is 504 North Walnut Street, Mount Holly Springs, PA 17065 -1509. 3. The Defendant, Joshua A. Kann, is an individual whose last known address is 411 Petersburg Road, Carlisle, PA 17015. 4. U.S. Bank National Association, as Trustee, for Residential Asset Securities Corporation, Home Equity Mortgage Asset - Backed Pass - Through Certificates, Series 2006 -EMX3, directly or through an agent, has possession of the Promissory Note. U.S. Bank National Association, as Trustee, for Residential Asset Securities Corporation, Home Equity Mortgage Asset - Backed Pass - Through Certificates, Series 2006 -EMX3 is either the original payee of the Promissory Note or the Promissory Note has been duly indorsed. A true and correct copy of said Promissory Note is marked Exhibit A, attached hereto and made a part hereof. 5. On or about January 19, 2006, Joshua A. Kann and Michelle L. Kann made, executed and delivered to Mortgage Electronic Registration Systems, Inc. as nominee for Sovereign Bank a Zucker, Goldberg & Ackerman, LLC 062 -PA -V3 Mortgage in the original principal amount of $114,500.00 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 January 30, 2006, in Mortgage Book \Volume 1938, Page 3302. The mortgage is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 6. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded April 30, 2012, the mortgage was assigned to US Bank National Association, as Trustee for RASC 2006 -EMX3 which assignment is recorded in the Office of the Recorder of Deeds for Cumberland County, Instrument #201212475. 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. 7. Joshua A. Kann and Michelle L. Kann, husband and wife are record and real owners of the aforesaid mortgaged premises. 8. Defendants are in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the monthly installments of principal and interest due February 1, 2013. 9. As of 01/13/2014 the amount due and owing Plaintiff by Defendants) is as follows: Principal $105,288.33 Interest From 01/01/2013 to 01/13/2014 $ 8,672.80 Late Charges $ 166.52 Escrow Advance $ 1,435.72 Property Inspections $ 30.00 Property Preservations $ 0.00 BPO /Appraisals $ 0.00 Escrow Balance $ 0.00 Corporate Advance Credit $ 0.00 Total $115,593.37 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. Zucker, Goldberg & Ackerman, LLC 062 -PA -V3 10. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and /or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s). 11. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability in a bankruptcy proceeding, this action is in no way an attempt to re- establish such liability. WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $115,593.37 with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs VL sure and sale of the mortgaged premises. ZUCKER, MAN, LLC BY: Dated - Scott A. D ett rick, Esquire; PA I.D. #55650 Kimberly �. B�nner, Esquire; PA I.D. #89705 Joel A. AckeYman, 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- 146835- R1 /mme 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 ADJUSTABLE RATE NOTE (LIBOR Six -Month Index (As Published In The lVall Street Journal) - Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. January 19, 2006 PLANO TX [Date] Icityl IStutel 504 N WALNUT STREET , MOUNT HOLLY SPRINGS, PA 17065 (Property Address 1. BORROWER'S PROMISE 7'0 PAY In return for a loan that I have received, I promise to pay U.S. $ 114,500.00 (this amount is called "Principal "), plus interest, to the order of Lender. Lender is Sovereign Bank I will make all payments under this Note in the form of cash, check or money order. I understand that Lender may transfer this Note. 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. IN'T'EREST 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 7.9750 %. The interest rate I will pay may change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note 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 Principal and interest by making a payment every month. I will make my monthly payments on the first day of each month beginning on March 1, 2006 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal, II', on February 1 , 2036 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the, "Maturity Date." I will make my monthly payments at 1130 Berkshire Boulevard Wyomissing, PA 19610 or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. S 838.17 This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will renect 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. MULTISTATE ADJUSTABLE RATE NOTE - LIBOR SIX -MONTH INDEX (AS PUBLISHED IN THE WALL STREET JOURNAL) - Single Family - Fannie Mae UNIFORM INSTRUMENT M -838N (=5).oi Form 3520 ` 1/01 I It I Paget of 4 MP MORTGAGE FORMS - (800ilni"als 9t . 5 t MIN- 4. INTEREST' RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of February 1 , 2009 , and on that day every 6th month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six month U.S. dollar- denominated deposits in the London market ( "LIBOR "), as published in The !mall Street Journal. The most recent Index figure available as of die first business day of the month immediately preceding the month in which the 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 Before each Change Date, the Note Holder will calculate my new interest rate by adding Five and Seven Hundred Seventy —Five Thousandths percentage points ( 5.77500 %) to the Current Index. The Note Holder will then round the result of this addition 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 Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid Principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 10.9750 % or less than 7.9750 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than One percentage point(s) ( 1.0000 %) from the rate of interest I have been paying for the preceding 6 months. My interest rate will never be greater than 13.9750 %. * My interest rate will never be less than 7.975% (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or snail to me a notice of any changes in my interest rate and the amount of my monthly payment 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 question 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 not designate a payment as a Prepayment if I have not made all the monthly payments due under this Note. I may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount before applying my Prepayment to reduce the Principal amount of this Note. 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. * Except as set forth in the attached Prepayment Penalty Addendum. 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: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me that 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. Form 3 11 dM taom Page 2 at 4 Initials: �_ 7. BORROWER'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 Ten 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 10.0000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I 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 il' 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 that has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a tune when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Nate 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 None to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' 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 [nail 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 atn 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 tunoum 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. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Decd (the "Security Instrument "), dated the same date as this Note, protects the Note Holder from possible losses that might result if I do not keep the promises that I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions read as follows: Form 3520 1/01 t = - 838N (000s).ot Page 3 of 4 Initials: J I�— � M Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser, If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies pennitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Sea]) (Seal) OJ SHUA A KANN - Borrower MI' HELLE L KANN - borrower k/4.`FI Ai 1 GOUT, LC (Seal) (Seal) yyITHOUT RECOURSE - Borrower - Borrower By: MORTGAGE LENDERS NEMORK USA, IN{. ea (Sea]) JE O GER - b orrower - Borrower 4P£. T 6 A (Seal) (Seal) - Borrower - borrower [Sign Original Only] (M-838N (000s).oi Page 4 of 4 Form 3520 1/01 NOTE ALLONGE Loan # ALLONGE TO THAT CERTAIN MORTGAGE NOTE DATED: January 19, 2005 IN THE AMOUNT OF: $114,500.00 FROM: Joshua A Kann and Michelle L Kann PREMISES SECURED: 504 N. Walnut Street, Mount Holly Springs, PA 17065 TO: Sovereign Bank PAY TO THE ORDER OF Mortgage Lenders Networks USA, Inc. WITHOUT RECOURSE CORRESPONDENT: Sovereign Bank N.A., F /K/A Sovereign Bank BY: DEBORAH PREVITERA TITLE: ASSISTANT SECRETARY DATE: 07/01 12013 ALLONGE TO NOTE Date of Allonge: 2/27 /2006 Loan #: Note Date: 1/19/2006 Loan Amount: $114,500.00 Property Address: 504 N WALNUT STREET MOUNT HOLLY SPRINGS, PA 17065 In favor of: Mortgage Lenders Network, USA, Inc. And Executed by: JOSHUA KANN MICHELLE KANN Pay to the order of Without recourse: RES�AL FUNDING CORPORATION ` PAY TO THE ORDER OF U.S. Rank National Association as TrusM By: WITHOUT WITHOUT RECOURSE Name: Michele Morales Roswi ial F uRing Corporation Manager of Sales and Acquisitions Ju , sWr, Vice Pr"Went Emax Financial Group, LLC PREPAYMENT PENALTY NOTE ADDENDUM For a valuable consideration, receipt of which is hereby acknowledged the undersigned agree that certain Promissory Note of even date to which this Addendum is attached, shall be subject to the following provisions, notwithstanding any provisions to the contrary contained in said promissory note or the Deed of Trust, Mortgage, Real Estate Mortgage, Security Deed (Security Instrument) securing same. This Addendum is attached to and made a part of that certain Promissory Note given by JOSHUA A KANN MICHELLE L KANN (Borrower) to Sovereign Bank (Lender), dated January 19, 2006 , which Note is in the principal amount of $ 114,500.00 PREPAYMENT PENALTY After Three 3 full year(s) from the date hereof, maker may pre -pay, without penalty, the outstanding principal balance. In the event maker prepays in full the outstanding principal balance and accrued interest during the first Three 3 full year (s) from the date hereof, maker shall pay in addition to such prepayment a penalty in an amount equal to a percentage of the principal portion of the amount so pre -paid in accordance with the following: If paid during the first year from the date hereof, Five percent i 5.0000 %) of the portion of such prepayment equal to the principal amount so prepaid. If paid during the second year from the date hereof, Five percent ( 5.0000 xl of the portion of such prepayment equal to the principal amount so prepaid, If paid during the third year from the date hereof, Five percent ( 5.0000 %) of the portion of such prepayment equal to the principal amount so prepaid. Holder shall apply any prepayment first to reduce any interest and charges owing at the time of such prepayment and then to reduce the amount of principal owed under this Note, provided that such balance shall be applied to the principal in reverse order of the due date of each payment and shall not otherwise affect or delay the due date of the next payment under the N te. 1/19/2006 1/19/2006 orr wer Date Borrower Date r UA KANN 1/19/2006 1/19/2006 o Date Borrower Date MICHELLE L KANN prepypn 412197 rev 7199 10199 EXHIBIT B Zucker, Goldberg & Ackerman, LLC 062- PA -V3_ - _ - ,��.�\�c, EXHIBIT A LEGAL DESCItIP'I'lON All those two certain tracts of land with the improvements thereon erected situate in the Borough of Mount Holly Springs, Cumberland County, City of Mount Holly Spring and State of Pennsylvania bounded and described as follows; Tract No. 1: Beginning at a paint in the center of North Wafipt Street at comer of land now or formerly of Clarence L. Crusey, thence by said land, south 89 degrees 15 minutes oast 212.83 feet to a nail in an alley, thence by said alley south 0 degrees 45 minutes west 66.53 feet to a nail in said alloy, thence by land now or formerly of William L. Minich and Violet Y. Minich, his wife, north 88 degrees 1 I minutes west 65.00 feet to a point, thence by same, south 2 degrees 27 minutes west 4.50 feet to a paint, thence by tract No. 2 herein north 89 degrees 15 minutes west 53.50 feet to a point, thence by land now or formerly of William I. Minich and Violet Y, Minieb, his wife, north 86 degrees 58 minutes 58 seconds west 94,70 feet to a point in the center of North Walnut Street, thence by same, north 0 degrees 57 minutes 20 seconds cast 66. 11 feet to a point, the place of beginning, Described according to a survey by Noel 13, Smith, Registered Surveyor, dated October 28, 1971. Tract No. 2: Beginning at a point at corner of Tract No. 1 heroin, thence by land now or formerly of William L. Minich and M. Violet Minich, his wife, south 2 degrees 27 minutes west 2.15 feet to a point, thence by same, north 86 degrees 58 minutes 58 seconds west 53.30 feet to a point, thence by Tract No. 1, herein, south 89 degrees 15 minutes east 53,50 feet to a point, the place ofbeginning. Tax id #; 23 -31- 2189 -022 In Cumbeflan.] Coa.lrity PA n r' er,r Recorder of Deeda ii �� Y VERIFICATION Leola McCray, hereby states that he/ he is Vice President Loan Documentation of WELLS FARGO BANK, N.A., mortgage servicing agent for plaintiff in this matter that h she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his er information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. 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: Leola McCray Title: Vice President Loan Documentation Company: Wells Fargo Bank, N.A. Date: 01/14/2014 File #146835 -R1 085 -PA -V2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. Bank National Association, as Trustee, for CIVIL DIVISION; . Residential Asset Securities Corporation, Home c r3 Equity Mortgage Asset - Backed Pass - Through NO.: Certificates, Series 2006 -EMX3 Plaintiff, VS. Michelle L. Kann; Joshua A. Kann; � Defendants. ' 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- 146835 -R1 IF YOU WISH TO SAVE YOUR HOME, YOU MWUSTACT Y AND TAKE THE STEPS REQUIRED BY THIS NOTICE. TIDS PROGRAM IS FREE. ZUCKER, RMAN, LL C 3 By: Dated: Y ,2014 Scott A. Di tt ick, squi e; PA I.D. #55650 Kimberly Boner, Esquire; PA I.D. #89705 Joel A. Ac erm n, Esquire; PA I.D. #202729 Ashleigh L. rin, 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- 146835- 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- 146835 -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 XCP- 146835 -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 I /We, , authorize the above named to use /refer this information to my lender / servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /We understand that I /we am /are under no obligation to use the services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: V Proof of Income V Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of current utility bill V Letter explaining reason for delinquency and any supporting documentation (hardship letter) V Listing agreement (if property is currently on the market) Zucker, Goldberg & Ackerman, LLC XCP- 146835 -R1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. Bank National Association, as Trustee, for CIVIL DIVISION Residential Asset Securities Corporation, Home Equity Mortgage Asset - Backed Pass - Through NO.: Certificates, Series 2006 -EMX3 Plaintiff, VS. Michelle L. Kann; Joshua A. Kann; Defendants. REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated February 28, 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program; the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 1. Defendant lives in the subject real property, which is defendant's primary residence; 2. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program" and has taken all of the steps required in that Notice to be eligible to participate in a court- supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Signature of Defendant's Counsel /Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date Zucker, Goldberg & Ackerman, LLC XCP- 146835 -R1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. Bank National Association, as Trustee, for CIVIL DIVISION Residential Asset Securities Corporation, Home Equity Mortgage Asset - Backed Pass - Through NO.: Certificates, Series 2006 -EMX3 Plaintiff, VS. Michelle L. Kann; Joshua A. Kann; Defendants. CASE MANAGEMENT ORDER AND. NOW, this day of ,20 the defendant /borrower in the above - captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant /borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court- supervised conciliation Conference on at M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 1. At least twenty -one (21) days prior to the date of the Conciliation Conference, the defendant /borrower must serve upon the plaintiff /lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant /borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and /or the date upon which service of the completed Form 2 is to be made maybe 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- 146835 -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- 146835 -R1 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, PENNSY V U.S. Bank National Association, as Trusteefor CIVIL DIVISION Residential Asset Securities Corporation, Home Equity Mortgage Asset -Backed Pass -Through Certificates, Seri( No.: 14 -673 -CIVIL 2006'E&4X3, Plaintiff, vs. Michelle L. Kann; Joshua A. Kann; Defendants. Mortgaged Premises: 504 North Walnut StreetMount Holly SpringsPA 17065-1509 ISSUE NUMBER: TYPE OF PLEADING: PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT (MORTGAGE FORECLOSURE) FILED ON BEHALF OF: U.S. Bank National Association, as Trusteefor Residential Asset Securities Corporation, Home Equity Mortgage Asset -Backed Pass -Through Certificates, Series 2006-EMX3 Plaintiff COUNSEL OF RECORD FOR THIS PARTY: ZUCKER,GOLDBERG &ACKERMAN,LLC Scott A. Dietterick, Esquire- Pa. I.D. #55650 Kimberly A.Bonner, Esquire- Pa. |.D.#897OS Joel A. Ackerman, Esquire- Pa I.D. #202729 Ashleigh Levy Marin, Esquire- Pa|.D.#3O6799 Ralph M.Salvia, Esquire- Pa|.D.#3O2946 Jaime R.Ackerman, Esquire- PaiD.#311D32 Jana Fridfinnsdottir, Esquire- Pa I.D. #315944 Brian Nicholas, Esquire- PaiD.#31724D Denise Carlon, Esquire- Pa I.D. #317226 Roger Fay, Esquire; PA|.D.#31S987 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500 Atty File No.: %CP -146035'R1 g�w '�~« W�.~^�� e) -N4-/-7 3V)ILA Praecipe for Entry of Judgment Zucker, Goldberg & Ackerman, LLC \/�(��^� iL ^^~~~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. Bank National Association, as Trustee, for Residential Asset Securities Corporation, Home Equity Mortgage Asset -Backed Pass -Through Certificates, Series 2006-EMX3 vs. Michelle L. Kann; Joshua A. Kann; Plaintiff, Defendants. CIVIL DIVISION NO.: 14 -673 -CIVIL PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT (MORTGAGE FORECLOSURE) TO: PROTHONOTARY Please enter judgment, in mortgage foreclosure (in rem only), in the above -captioned case in favor of Plaintiff and against Defendant(s), for failure to file a response to Plaintiff's Complaint within the appropriate time limits from service thereof, and assess Plaintiff's damages as set forth in Complaint: Amount as set forth in Complaint $115,593.37 plus interest on the judgment amount ($115,593.37) from January 14, 2014, at the statutory rate and for foreclosure and sale of the mortgaged premises. I hereby certify that the defendant's last known 411 PETERSBURG RD, 411 Petersburg Road address is: CARLISLE, PA 17015-9261 Carlisle, PA 17015 Dated: J(— /~ ~_ y�� wr y � ZUCK R,GOL ERG & ACKLLC BY: ' Scott A. D' terick Esquire; PA. |.D.#556SO Kimber A. Bonner, Esquire; PA. I.D. #89705 Ei Ralph K4.Salvia, Esquire; PAiD.#3D2946 Joel A. Ackerman, Esquire; PA LD. #202729 Ashleigh L Marin, Esquire; PA|.D.#SO6799 Jaime R.Ackerman, Esquire; PA|.D.#3l1O32 Jana Fridfinnsdottir, Esquire; PA I.D. #315944 Denise Carlon, Esquire; PALD. #]17326 | | Brian Nicholas, Esquire; PA|.D.#31724O Roger FayEsquire; PA LD. #315987 Attorneys for Plaintiff XCP-146835'R1 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com DAMAGES ARE HEREBY ASSESSED AS INDICATED Date Prothonotary Praecipe for Entry of Judgment Zucker, Goldberg & Ackerman, LLC XCP'146836'R1 UN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. Bank National Association, as Trustee, for Residential Asset Securities Corporation, Home Equity Mortgage Asset -Backed Pass -Through Certificates, Series 2006-EMX3 VS. Michelle L. Kann; Joshua A. Kann; Plaintiff, Defendants. CIVIL DIVISION NO.: 14 -673 -CIVIL AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT STATE OF NEW JERSEY SS: COUNTY OF UNION I, the unde' neda1Uorneyfor1hep|eintUfintheabovemcdon,beingduhsvvornaccordingto law, do hereby depose and say that the statements made herein are true and correct to the best of my knowledge, information, and that: 1) The Defendants Michelle L. Kann, Joshua A. Kann are not in the military service of the United States of America to the best of my knowledge, information and belief as evidenced by the attached copies; Zucker, Goldberg & Ackerman, LLC 2) The Notice of Intent to take Default Judgment was mailed in accordance with Pa. R.C.P. 237.1 and that the time limits provided for that notice have expired. Dated: /(-_ (— / / BY: Sworn to and subscribed before me This (p da of pt/€P'ilel , 20 / Notary 'r blic ' My Commission Expires: PAUL C. NADRATOWSKI Notary Public of New Jersey ID# 2407850 My Commission Expires 4/27/2016 ZUCKER, GOLBERG & ACK MAN, LC ❑ Scott ietterick, Esquire PA. I.D. #55650 ❑ Kim rly A. Bonner, Esquire; PA. I.D. #89705 ❑ Ralph M. Salvia, Esquire; PA I.D. #202946 ❑ Joel A. Ackerman, Esquire; PA I.D. #202729 ❑ Ashleigh L. Marin, Esquire; PA I.D. #306799 ❑ Jaime R. Ackerman, Esquire; PA I.D. #311032 0 Jana Fridfinnsdottir, Esquire; PA I.D. #315944 ❑ Denise Carlon, Esquire; PA I.D. #317226 ❑ Brian Nicholas, Esquire; PA I.D. #317240 Roger Fay, Esquire; PA I.D. #315987 Attorneys for Plaintiff XCP-146835-R1 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com Zucker, Goldberg & Ackerman, LLC XCP-146835-R1 Department of Defense Manpower Data Center Status Report Pursuant to Servicemembers Civil Relief Act Last Name: KANN First Name: JOSHUA Middle Name: A Active Duty Status As Of: Nov -05-2014 Results as of : Nov -05-2014 06:47:49 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Statue Service Component NA NA No NA This response reflects the Individuals' active duty status based on tho Active Duty Status Date Left Active Duly Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Data Status Service Component NA NA No NA This response reflects where the Individual left active duty Status within 367 days preceding the Active Duly Status Date The Member or Hia/Her Unit Was Notified of'a Future Cell -Up to Active Duly on Active Duty Statue Date Order Notification Start Date Order Nottflcation End Date Status Service Component NA NA No NA This response reflects whether theindNidual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOM, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. YA Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PCO9SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. in the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support, This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOM Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: 2F648944A031000 • Department of Defense Manpower Data Center Stat as Re ort u t to Servicemembers Civil Relief Act Last Name: KANN First Name: MICHELLE Middle Name: L Active Duty Status As Of: Nov -05-2014 Results as of : Nov -05-2014 06:45:32 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Data Active Duty End Date Status Service Component NA NA No NA This response reflects the Individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date. - - Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the Individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Cad -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status. Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Ddfense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http:l/www.defenselink.millfaglpis/PCO9SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined In accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: PFW8Z954V020X30 UN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. Bank National Association, as Trustee, for Residential Asset Securities Corporation, Home Equity Mortgage Asset -Backed Pass -Through Certificates, Series 2006-EMX3 \S. Michelle L. Kann; Joshua A. Kann; Plaintiff, Defendants. CIVIL DIVISION NO.: 14 -673 -CIVIL NOTICE OF ORDER, DECREE OR JUDGMENT TO: Michelle L Kann 411 PETERSBURG RD, CARLISLE, PA 17015-9261 [ ] Plaintiff [V] Defendant [ ] Additional Defendant You are hereby notified that an Order, Decr e or Judgment was entered in the above captioned p ~on II ) //I [ ] A copy of the Order or Decree is enclosed, or [V] The judgment is as follows: $115i593.37 ~ Prothonotary Zucker, Goldberg & Ackerman, LLC %CP'146835'R1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. Bank National Association, as Trustee, for CIVIL DIVISION Residential Asset Securities Corporation, Home Equity Mortgage Asset -Backed Pass -Through NO.: 14 -673 -CIVIL Certificates, Series 2006-EMX3 vs. Michelle L. Kann; Joshua A. Kann; Plaintiff, Defendants. NOTICE OF ORDER, DECREE OR JUDGMENT TO: Joshua A. Kann 411 Petersburg Road Carlisle, PA 17015 [ ] Plaintiff [V] Defendant [ ] Additional Defendant You are hereby notified that an Order, Decre or Judgment was entered in the above captioned / proceeding on 11/7iLl [ ] A copy of the Order or Decree is enclosed, Or [V] The judgment is as follows: $115,593.37 plus costs. Proponotary Zucker, Goldberg & Ackerman, LIC XCP-146835-R1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. Bank National Association, as Trustee, for Residential Asset Securities Corporation, Home Equity Mortgage Asset -Backed Pass -Through Certificates, Series 2006-EMX3 Plaintiff, vs. Michelle L. Kann Joshua A. Kann Defendant. TO: Michelle L. Kann 411 PETERSBURG RD, CARLISLE, PA 17015-9261 DATE OF NOTICE: 10/23/2014 CIVIL DIVISION NO.: 14 -673 -CIVIL IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth again you. Unless you act within Ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal Help. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. Bank National Association, as Trustee, for Residential Asset Securities Corporation, Home Equity Mortgage Asset -Backed Pass -Through Certificates, Series 2006-EMX3 Plaintiff, vs. Michelle L. Kann Joshua A. Kann Defendant. TO: Michelle L. Kann 411 PETERSBURG RD, CARLISLE, PA 17015-9261 CIVIL DIVISION NO.: 14 -673 -CIVIL AVISO IMPORTANTE FECHA DEL AVISO:10/23/2014 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXI MOS DMZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALL() EN CONTRA SUYA SIN LLEVARSE A CAB O UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO 0 NO PUEDE PAGAR UNO, VAYA 0 LLANIE LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE TO DEFEND &LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 ZUCKER GOLDBERG & ACKERMAN BY: Scoff A. Di e/lftrizic, Scott A. Dietterick, Esquire Attorneys for Plaintiff PAID. # 55650 200 Sheffield Street, Suite 301 P.O. Box 1024 Mountainside, NJ 07092-0024 (717) 533-3560 FIRST CLASS U.S. MAIL, POSTAGE PREPAID 146835-R1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. Bank National Association, as Trustee, for Residential Asset Securities Corporation, Home Equity Mortgage Asset -Backed Pass -Through Certificates, Series 2006-EMX3 Plaintiff, vs. Michelle L. Kann Joshua A. Kann Defendant. TO: Joshua A. Kann 411 Petersburg Road Carlisle, PA 17015 DATE OF NOTICE: 10/23/2014 CIVIL DIVISION NO.: 14 -673 -CIVIL IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth again you. Unless you act within Ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal Help. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. Bank National Association, as Trustee, for Residential Asset Securities Corporation, Home Equity Mortgage Asset -Backed Pass -Through Certificates, Series 2006-EMX3 Plaintiff, vs. Michelle L. Kann Joshua A. Kann Defendant. TO: Joshua A. Kann 411 Petersburg Road Carlisle, PA 17015 CIVIL DIVISION NO.: 14 -673 -CIVIL AVISO IMPORTANTE FECHA DEL AVISO:10/23/2014 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS INIPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDLATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO 0 NO PUEDE PAGAR UNO, VAYA 0 LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQULR AYUDA LEGAL. NOTICE T O DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 ZUCKER GOLDBERG & ACKERMAN BY: Scoff- A. D i.eifterick, Scott A. Dietterick, Esquire Attorneys for Plaintiff PAID. # 55650 200 Sheffield Street, Suite 301 P.O. Box 1024 Mountainside, NJ 07092-0024 (717) 533-3560 FIRST CLASS U.S. MAIL, POSTAGE PREPAID 146835-R1 Oct. 22. 2014 12:58PM Cumberland County Sher rIf No. 1930 P. 2 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND. COUNTY U.S. Bank National Association vs. Michelle L. Kann (el al.) Case Number 2014-673 SHERIFF'S RETURN OF SERVICE 02/18/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, stales he made diligent search and inquiry (or the within named Defendant to wit: Michelle L. Kann, but was unable to locate the Defendant In his bailiwick. The Sheriff therefore returns the Within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 504 N. Walnut Street, Mt. Holly Springs Borough, Mount Hotly Springs, PA 17065, Residence is vacant and per neighbors the defendant moved out in May 2013, 02/18/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and Inquiry for the within named Defendant to wit. Joshua A. Kann, but Was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Nol Found" at 504 N. Walnut Street, MI, Holly Springs Borough, Mount Hotly Springs, PA 17085. Residence is vacant and per neighbors the defendant moved outin May 2013. 02/18/2014 07:38 PM - Deputy Shawn Harrison, being duly sworn according to law, served the Residential Mortgage Foreclosure Diversion Program end Complaint in fjj!age a true copy to a person representing themselves to be Michelle Kann, w Charge" for Joshua A. Kann at 411 Petersburg Road, South Middleton, nested Notice of closure by handing s "Adult Person in 015. ( HARR 02/18/2014 07:38 PM - Deputy Shawn Harrison, being duly sworn according to law, served the Residential Mortgage Foreclosure Diversion Program and Complaint In M "personally" handing a true copy to a person representing themselves i Michelle L. Kann at 411 Petersburg Road, South Mlddleton, Carlisle, PA N, DEPUTY uested Notice of closure by dant, to wit: SHA N HA SHERIFF COST: $58.69 SO ANSWERS, ON, DEPUTY February 19, 2014 RONNY R ANDERSON, SHERIFF ry COvntISNii 6MfK TaleOiofr Inc.