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Home My WebLink About14-1386 Supreme Court of Pennsylvania Cour.Vo'f CoiriY_" n Pleas il�C over h A eet For Prothonotary Use Only: Cry CUUIBfRLA`ND',= C Docket No: The information collected on this fonn 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 Plaintiffs Name: Wells Fargo Bank, NA Lead Defendant's Name: John Kichman, Jr., a single person C a/k/a John W. Kichman, Jr. T I Are money damages requested ?: ❑ Yes ® No Dollar Amount Requested: within arbitration limits (Check one) O x outside arbitration limits N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJ Appeal? ❑ Yes ® No Name of Plaintiff /Appellant's Attorney: Scott A. Dietterick, Esq. c/o Zucker, Goldberg & Ackerman, LLC A ❑ Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not include S mass tort) ❑ Employment Dispute: E ❑ Slander/Libel/Defamation Discrimination El ❑ Employment Dispute: Other C El Zoning Board T ❑ Other: I MASS TORT ❑ Other: F1 Asbestos O ❑ Tobacco N ❑ Toxic Tort- DES ❑ Toxic Tort- Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Other: El Ejectment El -Common Law /Statutory Arbitration ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus B ❑ Landlord/Tenant Dispute ❑ Non- Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ 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 -V4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, NA, CIVIL DIVISION Plaintiff, 0 6 ; TYPE OF PLEADING j, 6 : John Kichman, Jr., a single person a /k /a John W. Kichman, Jr.; CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE = r :- Defendant. ' °= c) FILED ON BEHALF OF: TO: DEFENDANT Wells Far Bank, NA YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A 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 260 North Enola Drive Ashleigh Levy Marin, Esquire- Pa I.D. #306799 Enola, PA 17025 -2247 Ralph M. Salvia, Esquire- Pa I.D. #202946 Jaime R. Ackerman, Esquire- Pa I.D. #311032 Jana Fridfinnsdottir, Esquire- Pa I.D. #315944 CERTIFICATE OF LOCATION Brian Nicholas, Esquire- Pa I.D. #317240 1 HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS Denise Carlon, Esquire- Pa I.D. #317226 260 North Enola Drive (f /k /a North Altoona Avenue), Enola PA 17025 Municipality: East Pennsboro 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233 -8500 4 AORNEY FOR PLAINTIFF (908) 233 -1390 FAX office@zuckergoldberg.com ATTY FILE NO.: XVP 187586 File No.: XVP- 187586/rbo 03 .`7 /x OLM&ly& IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA CIVIL DIVISION Plaintiff, NO.. vs. John Kichman, Jr., a single person a /k /a John W. Kichman, Jr.; Defendant. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND LAWYER REFERRAL Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990 -9108 Phone (800) 990 -9108 (717) 249 -3166 (717) 249 -3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA CIVIL DIVISION Plaintiff, NO.. VS. John Kichman, Jr., a single person a /k /a John W. Kichman, Jr.; Defendant. AVISO LISTED HA SIDO DEMANDADO /A EN CORTE. Si usted desea defenderse de la demanda establecida en las siguientes paginas, debe tomar accion dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso respondiendo personalmente o por medio de un abogado una comparecencia esc rita y radicando en la Corte por escrito sus defensas y objeciones a las demandas establecidas en su contra. Se le advierte de que si usted falla en tomar accion como se describe anteriormente, el caso puede proceder sin usted sin previo aviso y un fallo por cualquier suma de dinero reclamada en la 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 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 Wells Fargo Bank, NA CIVIL DIVISION 3476 Stateview Blvd. Ft. Mill, SC 29715. NO.: Plaintiff, VS. John Kichman, Jr., a single person a /k /a John W. Kichman, Jr. 260 North Enola Drive Enola, PA 17025 -2247; Defendant. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Wells Fargo Bank, NA, by its attorneys, Zucker, Goldberg & Ackerman, LLC, and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Wells Fargo Bank, NA, (hereinafter "plaintiff ") with its place of business located at 3476 Stateview Blvd., Ft. Mill, SC 29715. 2. The Defendant is John Kichman, Jr., a single person a /k /a John W. Kichman, Jr., with a last known address of 260 North Enola Drive, Enola, PA 17025 -2247. 3. In order to protect the borrower's privacy, certain personal information of the borrower. (such as loan account, Social Security numbers and birth dates), may have been partially or completely redacted on the exhibits to this complaint. 4. Wells Fargo Bank, NA, directly or through an agent, has possession of the Promissory Note. Wells Fargo Bank, NA is either the original payee of the Promissory Note or the Promissory Note has been duly indorsed. A copy of said Promissory Note is marked Exhibit A, attached hereto and made a part hereof. 5. On or about July 25, 2012, John Kichman, Jr., a single person a /k /a John W. Kichman, Jr. made, executed and delivered to Wells Fargo Bank, N.A. a Mortgage in the original principal amount of $113,450.00 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 August 10, 2012, Instrument #201224285. The mortgage is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(8), which Zucker, Goldberg & Ackerman, LLC 062 -PA -V4 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. 7. John W. Kichman, Jr. is the record and real owner of the aforesaid mortgaged premises. 8. Defendants are in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the monthly installments of principal and interest due October 1, 2013. 9. As of 02/21/2014 the amount due and owing Plaintiff on the mortgage is as follows: Principal $111,186.58 Interest From 09/01/2013 to 02/21/2014 $1,965.77 Late Charges $116.81 Escrow Advance $0.00 Property Inspections $0.00 Property Preservation $0.00 BPO /Appraisal $0.00 Escrow Balance $(576.68) Corporate Advance Credit $0.00 Total $112,692.48 plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania Law, actually and reasonably incurred by Plaintiff, including but not limited to, costs (including escrow advances) and Plaintiff's attorneys' fees and expenses. Plaintiff reserves the right to file a motion in the above - captioned action to add such additional sums authorized under the Mortgage and Pennsylvania Law to the above amount due and owing when incurred. 10. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and /or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s). 11. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendants) have received a discharge of personal liability in a bankruptcy proceeding, this action is in no way an attempt to re- establish such liability. Zucker, Goldberg & Ackerman, LLC 062 -PA -V4 WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $112,692.48 with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. ZUCKER, GOLDBERG & ACKERMAN, LLC B Dated: 313 Ja- 4 Scott A. Dietterick, Esquire; PA I.D. #55650 1 Kimberly A. Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 Jana Fridfinnsdottir, Esquire; PA I.D. #315944 Brian Nicholas, Esquire; PA I.D. #317240 - - - Denise Carlon, Esquire; PA I.D. #317226 Attorneys for Plaintiff XVP- 187586/rbo 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233 -8500; (908) 233 -1390 FAX Email: Office @zuckergoldberg.com THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WI LL BE US ED FOR THAT PURPOSE. Zucker, Goldberg & Ackerman, LLC 062 -PA -V4 EXHIBIT A Zucker, Goldberg & Ackerman, LLC 062 -PA -V4 NOTE NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. JULY-25, 2012 [Date] [City] [State] 260 N ENOLA DRIVE, PA 17025 [Property Addmssl 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ * * ** * 113,450. 00 (this amount is called "Principal "), plus interest, to the order of the Lender. The Lender is WELLS FARGO BANK, N.A. I will make all payments under this Note in the form of cash, check or money order. I- understand that the Lender may transfer this Note. The Lender or anyone who lakes this Note by transfer and who is entitled to receive payments under this Note, is called the "Note Holder." 2. INTEREST ]merest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly tote of * ** * 3.750 The interest rate required by this Section 2 is the rate I will pay both before and aflcr any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the FIRST day of each month beginning onSEPTEMBER 01, 2012 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. If, on AUGUST 01, 2042 I still owe amounts under this Note, I will pay those amounts in frill on that date, which is called the "Maturity Date." 1 will make my monthly payments at WELLS FARGO ROME MORTGAGE, P.O. BOX 11758, NEWARK, NJ 071014758 or at u different place if required by the Note Holder. i (B) Amount of Monthly Payments I ' My monthly payment will be in the amount of U.S. $ * ** * 525.40 4. BORROWER'S RIGHT TO PREPAY The Borrower shall have the right to prepay at any time, without premium or fce, the entire indebtedness or any part thereof not less than the amount of one installment, or $100.00, whichever is less. Any Prepayment in full of the indebtedness shall be credited on the date received, and no interest may be charged thereafter. Any partial Prepayment made on other than an installment due date need not be credited until the next following installment due date or 30 days after such Prepayment, whichever is earlier. MULTISTATE FIXED RATE NOTE - Single FamllyFannlo MaelFreddle Mat UNIFORM INSTRUMENT . Veterans APlalm NMFL 8200 (VNOT) Rev 712011 t , Form 3200 1101 t[ 1'c Amended 6/00 Wolf lc rra'K er Services VMP Page 1 013 laltiah: J/t_. 1.• I. t • i. a . 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or ' other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall k e reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me w}%ich 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. s 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If: the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar, days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 4.000 % of my ovi:rdue payment. I will pay this late charge promptly but only once on each late payment. (B) Default r If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. :r (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 afler the date on which the notice is mailed to me or delivered by other means. 0 (D) No Waiver By Note Holder Cven if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above,,the Note Holder will still have the right to do so if I am in default at a later time:. ` (E) Payment of Note Holder's Costs and Expenses s it the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paT 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 attorneys' fees. ; �7 rt 7. G&ING OF NOTICES l nless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class tfLail 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. 8. 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 Notc is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety . or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under'this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS l L 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. l z .. r a 1' L MULTISTATE FIXED RATE NOTE - Single Family- Fannie Mae/Freddle Mac UNIFORM INSTRUMENT • Veterans Affairs Form 3200 1/01 VMP : j5G toao7l Page 2 of Indals: � Y: ti x; �5 `L: t i r4 r J 1 k! i+ •j 10. ALLONGE TO THIS NOTE If an allonge providing for payment adjustments or for any other supplemental information is executed by the Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable box] i, D Graduated Payment Allonge ❑ Other [SpccifyJ ❑ Other [Specify] �. 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, Decd of Trust, or Security Decd (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 Nate, , J'hat Security Instrument describes how and under what conditions I may be required to make immediate payment iri full of all amounts 1 owe under this Note. Some of those conditions are described as follows: Regulations (38 C.F.R. Part 36) issued under the Department of Veterans Affairs ( "VA ") Guaranteed Loan 4; Authority (38 U.S.C. Chapter 37) and in effect on the date of loan closing shall govern the rights, duties and :y liabilities of the parties to this loan and any provisions of this Note which arc inconsistent with such n regulations are hereby amended and supplemented to conform thereto. t iF t; l 4' t � •r WITNESS TIM. IIAND /AND SEAL F THE UNDERSIGNED. J (Seal) (Seal) -- JOt3N JR - Borrower - Borrower 4 j. U (Seal) (Seal) - Borrower - Borrower 1, t ` (Seal) (Seal) r - Borrower Boriower i i (Seal) (Seal) - Borrower - Borrower rr ti r; J [Sigel Original Only] s rr MULTISTATE FIXED RATE NOTE-single Famlly- Fannie Mse/Freddle Mac UNIFORM INSTRUMENT -Veterans ARairs Form 3200 1101 VMP 8.543 (090)) Page 3 of 3 i .s ) tr WITHOUT RECOURSE PAY TO THE ORDER OF WELLS FAO ANK, N.A. BY SAMUEL C. SHELLEY, SENIOR V E PRESIDENT 0014 EXHIBIT B Zucker, Goldberg & Ackerman, LLC 062 -PA -V4 f Inst. If 201224285 - Page 24 of 25 ii r�1 EXHIBIT'A' File No.: TRACT NO. 1 LUMbfrkMd COV4y, Enclo,, Ci�V BEGINNING AT A POINT IN THE SOUTHERN LINE OF COLUMBIA ROAD•, THENCE N 75 DEGREES E 3'30" E 85.901 FEET TO A POINT; THENCE S 10 DEGREES 20'E 55.782 FEET TO A POINT; THENCE S 79 DEGREES 40'W 146.810 FEET TO A POINT OR CURVE CONNECTING THE EASTERLY LINE OF ALTOONA AVENUE WITH THE SOUTHERLY LINE OF COLUMBIA ROAD, SAID ARC OR CURVE HAVING A RADIUS OF 70 FEET, A DISTANCE OF 83.111 FEET TO A POINT, THE PLACE OF BEGINNING. TRACT NO. 2 BEGINNING AT A POINT IN THE EASTERLY LINE OF ALTOONA AVENUE AT THE SOUTHWESTERLY EXTREMITY OF AN ARC OR CURVE OF A RADIUS OF 70 FEET, CONNECTING THE SOUTHERLY LINE OF COLUMBIA ROAD WITH THE SAID EASTERLY LINE OF ALTOONA AVENUE; AND EXTENDING THENCE NORTHEASTWARDLY BY SAID ARC OR CURVE OF A RADIUS OF 70 FEET, A DISTANCE OF 21.214 FEET; THENCE N 79 DEGREES 40' E 146.810 FEET; THENCE S 10 DEGREES 20' E 50 FEET; THENCE S 79 DEGREES 40' W 150 FEET TO THE SAID EASTERLY LINE OF ALTOONA AVENUE; AND THENCE ALONG THE SAME NS 10 DEGREES 20'W 29.106 FEET TO THE PLACE OF BEGINNING. A.P.N. ItH!llilll;llll!'lljl KICHMAN _ = A FIRST AMEF. ?CAN ELS MORTGAGE WIN 1Ili! m1111 101111111111111111111111111111 7417454n 1 of 1 02/12/2014 10:07:29 AM CUMBERLAND COUNTY Inst.# 201224285 - Page 24 of 25 VERIFICATION Darren 011am, hereby states that Oshe is Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff in this matter, that9she 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(/her 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. Name: Darren 011am Title: Vice President Loan Documentation Company: Wells Fargo Bank, N.A. Date: 02/25/2014 086 -PA -V2 File #:187586 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA CIVIL DIVISION . Plaintiff, NO.: �Ll , �V U' ot , vs. �- John Kichman, Jr., a single person a /k /a John W. Kichman, Jr.; Defendant. 57 !� 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. Zucker, Goldberg & Ackerman, LLC XVP- 187586 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 Mid Penn 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 fo rwa rd. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. TIDS PROGRAM IS FREE. ZUCKER, GOLDBERG & ACKERMAN, LLC Dated: �j /v� Scott A. Dietterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 Jana Fridfinnsdottir, Esquire; PA I.D. #315944 Brian Nicholas, Esquire; PA I.D. #317240 ,. Carlon, Esquire; PA I.D. #317226 Attorneys for Plaintiff XVP- 187586/mti 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233 -8500; (908) 233 -1390 FAX Email: Office @zuckergoldberg.com Zucker, Goldberg & Ackerman, LLC XVP- 187586 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 XVP- 187586 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 XVP- 187586 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 XVP- 187586 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA CIVIL DIVISION Plaintiff, vs. NO.: John Kichman, Jr., a single person a /k /a John W. Kichman, Jr.; 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 XVP- 187586 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA CIVIL DIVISION Plaintiff, vs. NO.: John Kichman, Jr., a single person a /k /a John W. Kichman, Jr.; Defendant. CASE MANAGEMENT ORDER AND NOW, this day of ,20 ,the defendant /borrower in the above - captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant /borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court - supervised conciliation Conference on at M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 1. At least twenty -one (21) days prior to the date of the Conciliation Conference, the defendant /borrower must serve upon the plaintiff /lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant /borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and /or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant /borrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 2. The defendant /borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff /lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff /lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable Zucker, Goldberg & Ackerman, LLC XVP- 187586 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 XVP- 187586 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ,. THE PROTHONEAR'T 0, of ,kmoltpre( • Jody S Smith 2014 MAR 19 PM Li: 05 Chief Deputy Richard W Stewart CUMBERLAND. COUNTY' Solicitor ome OF THE f.tiERFF PENNSYLVANIA Wells Fargo Bank N.A. vs. John W Kichman Case Number 2014-1386 SHERIFF'S RETURN OF SERVICE 03/13/2014 04:45 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: John W Kichman at 260 N. Enola Dr, East Pennsboro, Enola, PA 17025. SHERIFF COST: $44.95 JASON t INS R, DEPUTY 2e*. SO ANSWERS, March 14, 2014 RON R ANDERSON, SHERIFF County,Suite Sheriti, Teleosoft, Wells Fargo Bank, NA : IN THE COURT OF COMMON PLEAS OF 3476 Stateview BLVD. : CUMBERLAND COUNTY, PENNSYLVANIA Ft. Mill, SC 29715 Civil Division Plaintiff, No:14 -1386 Civil Vs Filed on behalf of : John W Kichman Jr. Wells Fargo Bank, Na 260 North Enola Drive Zucker, Goldberg& Ackerman, LLC Enola Pa 17025 Denise Carlon, Esquire Defendant 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 Defendant John W. Kichman Answers And new Matter on Complaint filed Defendant John W Kichman, Pro se hereby files an Answer and new Matter to Plaintiffs complaint. 1. ADMITTED 2. ADMITTED 3. ADMITTED 4. ADMITTED. 5. ADMITTED. 6. ADDMITTED 7. ADDMITTED. cn 8. ADDMITTED. 9. ADDMITTED 10. DENNIED Defendant did not receive Intention of Foreclose from Plaintiff. 11. ADDMITTED NEW MATTER 1. Defendant did not receive Act 91 of 1974 by plaintiff. 2. Defendant is at this time initiating Bankruptcy proceedings WHEREFORE, Defendants demands judgment against Plaintiff and Dismissal of the Complaint with Prejudice. John W. Kichman Pro se 260 N Eno la Drive Eno la Pa 17025 CERTIFICATE OF SERVICE I hereby certify that on this date I caused a true and correct copy of Notice of appearance, Answers and New Matter Complaint filed to be served upon the following via United parcel Service: Zucker, Goldberg & Ackerman,LLC BY: Denise Carlon,Esquire 200 Sheffield Street, Suite 101 Moutainside, NJ 07092 December 04, 2013 John W. Kichman Pro se 260 N Eno la Drive Eno la Pa 17025 Wells Fargo Bank, NA : IN THE COURT OF COMMON PLEAS OF 3476 Stateview BLVD. : CUMBERLAND COUNTY, PENNSYLVANIA Ft. Mill, SC 29715 • Civil Division • Plaintiff, • No:14-1386 Civil Vs • Filed on behalf of : John W Kichman Jr. • Wells Fargo Bank, Na 260 North Enola Drive : Zucker, Goldberg&Ackerman Enola Pa 17025 : Denise Carlon, Esquire Defendant 200 Sheffield Street, Suite 101 Mountainside, Ni 07092 NOTICE OF APPEARANCE Please enter my appearance in the above-designated matter. John W Kichman 260 North Enola Drive Enola, Pa 17025 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA CIVIL DIVISION Plaintiff, vs. NO.: 14 -1386 -CIVIL John Kichman, Jr., a single person a/k/a John W. Kichman, Jr.; rn' Defendant.,-- - rJ - -73 • C) REPLY TO NEW MATTER AND NOW, comes Plaintiff, Wells Fargo Bank, NA, by and through its attorneys, Zucker i Goldberg & Ackerman, LLC, and files this Reply to New Matter as follows: 1. Plaintiff is without knowledge sufficient to admit or deny. By way of further response, Act 91 requires that the Plaintiff send the notice via certified mail, which it did. 2. Denied. Defendant initiating bankruptcy proceeding is not a defense to a mortgage foreclosure action. WHEREFORE, Plaintiff requests relief as more specifically described in its Complaint in Mortgage Foreclosure. By: Dated: April 30, 2014 ZUCK . JDBERG Z ACKERMAN, LLC I, Scott A. Dietterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 Jana Fridfinnsdottir, Esquire; PA I.D. #315944 Brian Nicholas, Esquire; PA I.D. #317240 Denise Carlon, Esquire; PA I.D. #317226 Attorneys for Plaintiff XVP-187586/RSAL 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com Zucker, Goldberg & Ackerman, LLC XVP-187586 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA CIVIL DIVISION Plaintiff, VS.. John Kichman, Jr., a single person a/k/a John W. Kichman, Jr.; Defendant. NO.: 14 -1386 -CIVIL CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Reply to New Matter was served on the following this 1.? I of Mel 2014, via First Class U.S. Mail, Postage Pre -Paid: John Kichman, Jr., a single person a/k/a John W. Kichman, Jr. 260 North Enola Drive, Enola, PA 17025-2247 By: ZUCK & ACKERMAN, LLC 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 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Zucker, Goldberg & Ackerman, LLC XVP-187586