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HomeMy WebLinkAbout14-2295 a � Supreme Coy- r -.t-of Pennsylvania Cou C-om Pleas t � For Prothonotary Use Only: o id�C y ,et C County Docket No: The information collected on this form is used solely for court administration purposes. This form does not _ supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S ® Complaint El Writ of Summons El Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking ! E Lead Plaintiffs Name: Wells Fargo Bank, N.A., successor by Lead Defendant's Name: Marc Houck a/k/a Marc E. Houck C merger to Wachovia Bank, N.A. T Are money damages requested ?: ❑ Yes ® No Dollar Amount Requested: within arbitration limits � (Check one) I x outside arbitration limits `O 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 Sel 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 I ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other S ❑ Product Liability (does not include mass tort) ❑ Employment Dispute: E ❑ Slander/Libel/Defamation Discrimination ❑ Other: ❑ Employment Dispute: Other C ❑ Zoning Board T ❑ Other: I MASS TORT ❑ Other: O El Asbestos ❑ Tobacco f 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 S 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: I ❑ Other Professional: G Updated 1/1//2011 Zucker, Goldberg & Ackerman, LLC 062 -PA -V4 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A., SUCCESSOR BY CIVIL DIVISION MERGER TO WACHOVIA BANK, N.A. Plaintiff, VS. TYPE OF PLEADING Marc Houck a /k /a Marc E. Houck; Cindy L. Rigg; CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Defendants. FILED ON BEHALF OF: TO: DEFENDANTS Wells Fargo Bank, N.A., successor by mer to YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS Wachovia Bank, N.A. FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. COUNSEL OF RECORD FOR THIS PARTY: I HEREBY CERTIFY THAT THE ADDRESS OFTHE PLAINTIFF IS: ZUCKER GOLDBERG & ACKERMAN, LLC 101 North Phillips Avenue, Sioux Falls, SD 57104 Scott A. Dietterick, Esquire- Pa. I.D. #55650 AND THE DEFENDANT: Kimberly A. Bonner, Esquire- Pa. I.D. #89705 598 Mulberry Dr. Joel A. Ackerman, Esquire- Pa I.D. #202729 Mechanicsburg, PA 17050 Ashleigh Levy Marin, Esquire- Pa I.D. #306799 Ralph M. Salvia, Esquire- Pa I.D. #202946 Jaime R. Ackerman, Esquire- Pa I.D. #311032 — CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF Jana Fridfinnsdottir, Esquire- Pa I.D. #315944 THE REAL ESTATE AFFECTED BY THIS LIEN IS Brian Nicholas, Esquire- Pa I.D. #317240 12 Railroad Avenue, Camp Hill PA 17011 Denise Carlon, Esquire- Pa I.D. #317226 Municipality: Shirema town C") 200 Sheffield Street, Suite 101 ( =- P 9*F Mountainside, N1 07092 � `ta =,,j ATTORNEY F6 (908) 233 -8500 00 ATTY FILE NO.: XCP 181286 908 233 -1390 FAX office @zuckergoldberg.com 7 , _ File No.: XCP- 181286/ns ' - a, 062 -PA -V4 �L �/�( l 00 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A., successor by merger to CIVIL DIVISION Wachovia Bank, N.A. Plaintiff, NO.: VS. Marc Houck a /k /a Marc E. Houck; Cindy L. Rigg; 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 062 -PA -V4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A., successor by merger to CIVIL DIVISION Wachovia Bank, N.A. Plaintiff, NO.: VS. Marc Houck a /k /a Marc E. Houck; Cindy L. Rigg; Defendants. AVISO USTED HA SIDO DEMANDADO /A EN CORTE. Si usted desea defenderse de la demanda establecida en las siguientes paginas, debe tomar acci6n 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 062 -PA -V4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A., successor by merger to CIVIL DIVISION Wachovia Bank, N.A. 101 North Phillips Avenue, NO.: Sioux Falls, SD 57104; Plaintiff, vs. Marc Houck a /k /a Marc E. Houck 598 Mulberry Dr. Mechanicsburg, PA 17050; Cindy L. Rigg 598 Mulberry Dr. Mechanicsburg, PA 17050; Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Wells Fargo Bank, N.A., successor by merger to Wachovia Bank, N.A., by its attorneys, Zucker, Goldberg & Ackerman, LLC, and files this Complaint in Mortgage Foreclosure as follows: 1. The. Plaintiff is Wells Fargo Bank, N.A., successor by merger to Wachovia Bank, N.A., 101 North Phillips Avenue, Sioux Falls, SD 57104 (hereinafter "plaintiff'). 2. The Defendant is Marc Houck a /k /a Marc E. Houck, with a last known address of 598 Mulberry Dr., Mechanicsburg, PA 17050. 3. The Defendant is Cindy L. Rigg, with a last known address of 598 Mulberry Dr., Mechanicsburg, PA 17050. 4. 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. 5. Wells Fargo Bank, N.A., successor by merger to Wachovia Bank, N.A., directly or through an agent, has possession of the Promissory Note. Wells Fargo Bank, N.A., successor by merger to Wachovia Bank, N.A., 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. 062 -PA -V4 6. On or about August 29, 2007, Marc Houck a /k /a Marc E. Houck and Cindy L. Rigg made, executed and delivered to Wachovia Bank, National Association a Mortgage in the original principal amount of $101,203.50 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 September 17, 2007, Instrument #200736114. 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. 7. Plaintiff is the current Mortgagee by successor by merger to the original Mortgagee. 8. Marc Houck a /k /a Marc E. Houck and Cindy L. Rigg are record and real owner(s) of the aforesaid mortgaged premises. 9. 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 August 2, 2012. 10. As of March 28, 2014, the amount due and owing Plaintiff on the mortgage is as follows: The total amount due the Plaintiff on said Note through March 28, 2014 is $108,002.07 which breaks down as follows: Principal: $93,619.68 Interest: From: 07/06/2012 to 03/28/2014 @ 7.81% $12,610.39 Pre - acceleration Late Charges: $0.00 Property Inspections: $0.00 Appraisals /Brokers Price Opinion: $0.00 Escrow Deficit: $1,772.00 Total: $108,002.07 Per diem interest in the amount of $20.03204 will accrue on the principal from March 28, 2014 and thereafter in accordance with the Note. plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania Law, actually and reasonably incurred by Plaintiff, including but not limited to, costs (including escrow advances) and Plaintiff's attorneys' fees and expenses. Plaintiff reserves the right to file a motion in the above - captioned action to add such additional sums authorized under the Mortgage and Pennsylvania Law to the above amount due and owing when incurred. 11. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and /or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s). 062 -PA -V4 12. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If 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 $108,002.07, 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 & A E A , BY: Dated: c� I Scott A. Dietterick(Esquire; PA I.D. #55650 c C f Kimberly A. Bonner, Esquire; PA I.D. #89705 b Joel A. Ackerman, Esquire, P A 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- 181286/ns 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. 062 -PA -V4 EXHIBIT "A" BK:08 LGC: LN TP: 69 Ref. No_ _ RC5111934 100000100 Date: 08I29/07 Acct. No. Note BORROWER(S): MARC HOUCK CINDY L RIGG 598 MULBERRY DR MECHANICSBURG, PA 17050 Amount Financed $ 101203.50 1. BORROWER(S) PROMISE TO PAY. In return for a loan that I have received, the undersigned Borrower(s) (hereinafter referred to as "i " "me," or "my) jointly and severalty promise to pay to Wachovia Bank, National Association, a national banking association organized and existing under the law of the United States of America ("Lender'), the sum of $ 101203.50 (this amount will be called "Principal', plus daily simple interest ("Interest") beginning on the date that Principal is advanced. The Principal may include points, origination fees and other amounts permitted by applicable law. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note and who is entitled to receive payments under this Note will be called the "Note Holder." 2. INTEREST. Interest will accrue on the entire Principal balance outstanding at any time. Notwithstanding anything to the contrary, I do not agree to pay and the Note Holder does not intend to charge any Interest at a rate that is higher than the maximum rate of Interest that could be charged under applicable law for the extension of credit that is agreed to under this Note (efher before or after maturity). If any notice of Interest accrual is sent and is in error, and if the Note Holder actually collects more Interest than allowed by law or this Note, the Note Holder agrees to refund any such excess interest I agree to pay Interest on the unpaid Principal balance of this Note owing after maturity, and until paid in full atthe same rate in effect before maturity. I agree that any loan origination fee paid to the Note Holder is earned as of the date of this Note. Interest accrues on the Principal remaining unpaid from time to time, until paid in full. The Interest Rate, as defined in this Section 2 below, will be charged at a rate of 1/365th of the Interest Rate for each day, or 1/366th of the Interest Rate i for each day in any leap year, applied against that day's outstanding Principal balance. The dollar amount of the finance charge and the payments disclosed to me for this credit transaction are based upon my payments being received bythe Note Holder on the date payments are due. If my payments are received after the due date, even if received before the date a Late Charge as permitted by Section 4 applies, I may owe additional and substappfial money at the end of the credit transaction and there may be little or no reduction of Principal. This is a result of$he accrual of daily Interest. To the extent that any fees or charges are added to the Principal balance, they will thereafter bear Interest and I agree to pay this Interest. I understand that in the event my first payment due date is more than one month from the date of this Note, one or more of my initial payments may not pay all of the interest owed on the date of the payment and therefore may not reduce the outstanding Principal balance. ./ If the governing law which applies to this Note sets maximum loan charges and is finally interpreted so that the Interest and other charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) anysuch Interest or other charge shall be reduced by the amount necessary to reduce the Interest or other charge to the permitted limit and (b) any sums already collected from me which exceeded permitted limitswill 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 payment. Check One: 0 Fixed Rate: I agree to pay Interest on the outstanding Principal balance at a fixed annual rate of _ ("Interest Rate"). ❑ Adjustable Rate: (A) Interest Rate: I agree to pay Interest on the outstanding Principal balance at the initial annual rate of N/A % {"Interest Ratel until the first Change Date as defined in Paragraph (B) below. Thereafter, the Interest Rate I pay may change as of each Change Date and will be calculated pursuant to Paragraph (D) below. My initial annual rate may not be related to the formula used to determine later rates. (B) Date Definitions: (i) Change Date: Each date on which the Interest Rate may change is called the Change Date, The Interest Rate may change and every month(s) thereafter. (ii) Index: Date: The 25th day of each month is an 'Index Date.' If the Index is not published on the 25thdayof the month, then the Index Date shall be the first day prior to the 25th day of the month on which the Index is published. (iii) Look -back Date: The date that is 30 days prior to a Change Date Is called the `Look -back Date' (C) The Index: Check One: 0 The "Index' is the "Prime Rate" as published on the index Date in the `Money Rates" section of The Wall StveetJoumal, Eastern Edition. If there is more than one Prime Rate published on an Index Date, then the Note Holder will use the higher of such prime rates. If this Index ceases to exist, the Note Holder may substitute another index (and Margin, as described in Paragraph (D) below) which movement approximates the movement of the Prime Rate. i 565957 (Rev W 7 of a (01/07) 6futtt-State React Estate Note ❑ The "Index is the average of interbank offered rates for month U.S. dollar- denominated deposits in the London market ( "LIBOR") as published on the Index Date in the "Money Rates" section of Fhe Wall Street Journal, Eastern Edition. If there is more than one LIBOR published on an Index Date, then the Note Holder will use the higher of such LIBOR rates. If this Index ceases to exist, the Note Holder may substitute another Index (and Margin, as described in Paragraph (D) below) which movement approximates the movement of LIBOR. (D) Calculation of New Interest Rate: The new annual Interest Rate that will be applicable beginning on each Change Date will be determined as follows: Check One: ❑ The new annual Interest Rate will be equal to the Index published on the Inde. Date for the calendar month immediately preceding the Look -back Date for that Change Date, rounded dowri to the nearest .01 %, plus percentage point(s) ("Margin'. Subject to any applicable limitations set forth in Iaragraph (E), this new Interest Rate will become effective on each Change Date. ❑ The new annual Interest Rate will be equal to the Index published on the Index Date for the calendar month Immediately preceding that Change Date, rounded down to the nearest .01 %, plus percentage point(s) ("Margin'). Subject to any applicable limitations set forth in Paragraph (E), this new Interest Rate will become effective on each Change Date. (E) Limits on Interest Rate Changes: My Interest Rate will never be greater than % or less than 0 %. ❑ If this box is checked, the Interest Rate will be subject to the additional limitations on increases. The Interest Rate I am required to pay at the first Change Date will never be greater than %. Thereafter increases will be subject to an additional limitation on each Change Date such that the Interest Rate I pay will never be increased on any single Change Date by more than 2% from the Interest Rate I have been paying for the preceding 12 months. ❑ If this box Is checked, there will be no additional limitation on increases in my Interest Rate. (F) Notice of Changes: The Note Holder will deliver or mail to me a notice of any changes in my Interest Rate as required by applicable law. The notice will include information about any changes to my payment amount. 3. PAYMENTS. (A) Payment Options and Schedule: Check One: ❑ Interest Payments: I will pay accrued Interest beginning on as follows: check one: ❑ monthly or ❑ quarterly ("Interest Payments'. The amount of each Interest Payment will vary depending upon the amount of principal outstanding, the date principal payments or installment payments are received and if Becton 2 of this Note provides for an Adjustable Rate, the Interest Rate then In effect. In addition, I will make the following Payments: Check One: ❑ Principal Reduction Payments andlor a Balloon Payment: In addition to the Interest Payments, I will make Principal Payments as set forth in the Payment Schedule below: i ❑ Installment Payments: For purposes of this Section 3, the "Payment Change Date' is the first payment due date that is at least 26 days after the "Anniversary Date." The Anniversary Date is the date that is year(s) after the Note Date. Beginning on the Payment Change Date, in place of Interest Payments, I will make installment payments of Principal and Interest. On the Anniversary Date, the Note Holder will determine the ❑ monthly or ❑ quarterly payment amount that would be sufficient to repay the unpaid principal balance in full i over the of a period of time ending on the Maturity Date as defined in Paragraph (D) with interest at the rate set in accordance with Section 2. The result of this calculation will be my new payment amount. The Note Holder I will give me notice of this new payment amount. This payment amount is estimated in the Payment Schedule below. If Section 2 of this Note provides for an Adjustable Rate, this payment amount may change. On each subsequent Change Date, the Note Holder will determine the ❑ monthly or ❑ quarterly payment amount that would be sufficient to repay the unpaid Principal that I am expected to owe at the Change Date in full over the remaining portion of a period of time ending on the Maturity Date as defined in Paragraph (D), below, at my new Interest Rate. The result of this calculation will be the new payment amount beginning on the first payment due date which is at least 26 days after the Change Date. I will pay my new payment amount until the payment amount changes again or until the Maturity Date as described in Paragraph (D). ® Installment Payments or Installment Payments with a Balloon Payment: I will pay the unpaid Principal and Interest in installment payments asset forth in the Payment Schedule below. If Section 2 of this Note provides for an Adjustable Rate, the payment amounts, including the final payment, asset forth in the Payment Schedule may change. On each Change Date, the Note Holderwill determine the ® monthly ❑ quarterly ❑ semi - annual or❑ annual payment amount that would be sufficient to repay the unpaid Principal that I am expected to owe at the Change Date in full over the remaining portion of a period of time ending on the Maturity Date as defined in Paragraph (D), below, at my new Interest Rate. The result of this calculation will be the new payment amount. I will pay my new payment amount beginning on the first payment due date after the Change Date until the payment amount changes again or until the Maturity Date as described in Paragraph (D). 565957 (Rev 05) 2 d 6 (01/07).a��' °a1 Esf-1. W„ f (D) Payment of the Note Holder's Costs and Expenses: If the Note Holder has required me to pay immediately in full as described above, and I fail to do so and such failure causes the Note Holder to incur additional expenses, the Note Holder will have the right to a refund of all of its costs and expenses to the extent not prohibited by the law governing this Note. Those expenses include, for example, reasonable attorneys' fees for an attomeywho is not the Note Holders salaried employee, foreclosure fees and court costs. In no event shall these expenses exceed fifteen percent (15 %) of the unpaid balance plus Court Costs. 6. THIS NOTE IS SECURED BY A SECURITY INSTRUMENT. in addition to the protections given to the Note Holder under this Note, a separate Security Instrument(s), on real property (the "Property") described in the Security Instrument and 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. The Security Instrument describes how and under what conditions I may also be required to make immediate payment in full of all amounts I owe under this Note. I agree to these conditions. Subjectto applicable law, I understand that this loan is subject to repayment in full in the event the Property securing this debt is sold, conveyed or ot'ierwise transferred. If in addition to a Security Instrument, I pledge securities, cash accounts or other liquid collateral (the "Other Collateral") as Other Collateral for this Note, then I grant to the Note Holder a perfected security interest in such Other Collateral and all additions or replacements to, or proceeds of as is more fully described in the separate Collateral Pledge Agreement (the "Pledge Agreement") executed as of the same date as this Note. The Pledge Agreement describes the Other Collateral in detail and protects the Note Holder from possible losses which might result if 1 do not keep the promises that I make in this Note. The Pledge Agreement also describes how and under what conditions I may also be required to make immediate payment in full of all amounts that I owe under this Note. I agree to these conditions. If the Other Collateral inci securities, I agree to deliver immediately to the Note Holder, fully endorsed, any certificates for shares representing any stock dividend, stock split or right to subscribe. I further pledge and agree to deliver to the Note Holder, upon demand, additional Other Collateral satisfactory to the Note Holder and in accordance with all margin requirements. If I do not provide the Note Holder with a perfected security interest in the Other Collateral and the Note Holder incurs any expenses, including attorneys' fees, In order to obtain a perfected security interest, I will be responsible for such expenses. If I do not provide or assist the Note Holder in obtaining a perfected security interest in the Property or Other Collateral and the Note Holder incurs any expenses, including attorney's fees, in order to obtain a perfected security interest in such Property or Other Collateral, to the extent not otherwise prohibited by the law governing this Note, I agree that the Note Holder may add the amount of such expenses to the Principal and that such expenses will accrue Interest at the Note Interest Rate until paid in full. 7. PREPAYMENT. (A) Subject to the order of application of payments described in Section 3,1 have the right to make payments of Principal at any time before they are due without penalty. A prepayment of all unpaid Principal is known as a'full prepayment' A prepayment of only part of the unpaid Principal is known as a'partial prepayment' (B) If I make a partial prepayment, my next due date may be advanced. If I make a payment that is more than the amount that is clue, the amount in excess of the amount due is called an "Excess Payment." If I make an Excess Payment, the Note Holder will assume that I want to reduce or skip my next scheduled payment or payments. ifthe Excess Payment is less than or equal to the next scheduled payment, the next scheduled payment will be reduced by the amount of the Excess Payment. If the Excess Payment exceeds the amount of my next scheduled payment, the number of payments that may be skipped will be determined by subtracting each subsequently scheduled payment from the Excess Payment. So long as the remaining portion of the Excess Payment exceeds the next scheduled payment amount, that payment may be skipped. When the remaining portion of the Excess Payment is equal to or less than my next scheduled payment, that remaining portion will be used to reduce the amount of the next scheduled payment. If I want the Note Holder to handle an Excess Payment differently, I will tell the Note Holder in writing. I understand that Interest will continue to accrue on the outstanding principal balance and that if I want maximum Interest savings from Excess Payments, I should continue to make payments on or before the scheduled due date. 8. BORROWER'S WAIVERS. 1 waive my rights to require the Note Holder to do certain things. Those things are: (a) to demand payment of amounts due (known as "presentment"); (b) to give notice that amounts due have not been paid (known as "notice of dishonor"); and (c) to obtain an official cerlification of non - payment (known as'protest"). Anyone else who agrees to keep the promises made in this Note, or who agrees to make payments to the Note Holder if I fail to keep my promises under this Note, or who signs this Note to transfer it to someone else, also waives these rights. These persons are known as "Guarantors," "Sureties, "'Co - Signers" and 'Endorsers! 9. GIVING OF NOTICES. (A) 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 addressed to me at the address contained in this Note. A notice will be delivered or mailed to me at a different address if I give the Note Holder a notice of my different address. (B) 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 provided to me by the Note Holder. A notice will be mailed to the Note Holder at a different address if I am given a notice of that different address. 10. PAYMENT IN FULL. I AGREE THAT THE NOTE HOLDER MAYACCEPT PAYMENTS MARKED "PAID IN FULL" WITHOUT ANY LOSS OF THE NOTE HOLDER'S RIGHTS UNDER THIS NOTE UNLESS 1 SEND THEM FOR SPECIAL HANDLING TO WACHOVIA BANK, NATIONAL ASSOCIATION, SPECIAL PAYOFFS, PO BOX 10723, ROANOKE, VA 24022. ACCEPTANCE OF ANY PAYMENT SENT TO THE SPECIAL HANDLING ADDRESS DOES NOT WANE THE NOTE HOLDER'S RIGHT TO SUBSEQUENTLY REJECT SUCH PAYMENT IN ACCORDANCE WITH APPLICABLE LAW. 11. EXTENSIONS AND MODIFICATIONS. All Guarantors, Sureties, Co- Signers, Endorsers and I consent to any and all extensions of time, renewals, waivers or modifications which maybe granted or consented to bythe Note Holder as to the time of payment or any other provision of this Note. if in its sole discretion, the Note Holder permits an extension, renewal or modification to this Note, I agree to pay a charge not to exceed an amount permitted by the law governing this Note. All Guarantors, Sureties, Co- Signers, Endorsers and Makers hereby waive presentment, notice of dishonor, and protest hereof. This Note is the joint and several obligation of each Maker and shall be binding upon them and their heirs, successors ,and assigns. j 565957 (Rev M 4 of 6 (01107) WftiStete Real Estate Note Ppyment Schedule: r Numtrerof Payment Frequency Start/Due Numberof Payment Frequency Start/Due Pa is Amount Date Pa nts Amount Date 360 $729.79 M 10/01/07 $ S g Frequency Legend: M = Monthly Q = Quarterly S = Semi AnnuaIN A = Annuall (B) Place of Payments: I will make my payments In U.S. funds payable to the Note Holder at the address provided to me by the Note Holder or at a different address if required by the Note Holder. (C) Application of Payments: Unless otherwise prohibited by the law governing this Note, each payment I make on this Note will first reduce the amount of accrued unpaid Interest, then any optional insurance premiums due, then any applicable unpaid charges and then unpaid Principal. I will make payments until I have paid all of the Principal and Interest and any other fees or charges that I may owe under the terms of this Note. (D) Maturity Date: If on 09/01/37 , I still owe any amount under this Note, I will pay those amounts in full on that date which is called the "Maturity Date! (E) Optional Credit Insurance: If I have selected optional credit insurance offered by the Note Holder in connection with this loan, the payment amount(s) shown in the Payment Schedule include the premiums for the insurance coverage(s) that I have selected. I understand that the actual total premium amount 1 pay will depend upon my payment record. I understand that credit life and credit disability (accident and health) insurance are not required, and that I may cancel them at any time by giving written notice to you. If my credit insurance is canceled, no further portion of any payments I make will be applied to credit insurance premiums. At my request, you will adjust my payment amount to reflect the cancellation of the credit insurance. If my credit insurance is cancelled and Section 2 of this Note provides for an Adjustable Rate, on the next Change Date the cancellation of the credit Insurance will be considered in determining my new payment amount. (F) Balloon Payment: If the Payment Schedule requires me to make an estimated final payment that is significantly larger than any other payment ("Balloon Payment') I understand that I will be required to make this Balloon Payment on the Maturity Date I understand that the Note Holder is not reauired to refinance any Balloon Payment and thattha failure to make the required Balloon Payment on the Due Date constitutes a Default under the terms of this Note. 4. FEES AND CHARGES. In addition to Interest and other amounts I may agree to pay, I agree to pay the Note Holder the following additional fees and charges: (A) Late Charges: If a payment is not received in full within 15 days of the date it is due, l will pay a late charge equal to 4% of the unpaid portion of the scheduled payment amount. (B) Returned Payment Fee: Unless otherwise limited or prohibited by the law governing this Note, I will pay a charge of up to $25.00 for each payment (check or automatic payment) that 1 make that is returned or dishonored for any reason. (C) Origination Fee: If an origination fee or other fee or charge is charged as included on the HUD-1, HUD -1A, or Itemization of Amount Financed prepared in connection with this loan transaction, I agree to pay such fees and charges. Except as otherwise required by law, I agree that such fees and charges are fully earned as of the date of this Note and are nonrefundable upon prepayment (D) Additional Charges: I agree that if, during the term of this Note, I request other services related to servicing or administering my loan for which the Note Holder has a scheduled charge, l will, to the extent permitted by the law governing this Note, pay the Note Holder the then current fee for such services or request if the Note Holderagrees to perform such service or request I understand that any such fees are fully earned when charged and are nonrefundable upon prepayment S. BORROWER'S FAILURE TO PAY AS REQUIRED AND TERMS OF DEFAULT. (A) Terms of Default: I will be in Default under this Note if any of the following things happen: (i) If I fail to make any payment or comply with any of the terms of this Note or any other note with the Note Holder now or in the future; or (it) If I make any false, incorrect or misleading representation or warranty at any time during the application process; or (iii) If I die; or (iv) If I become involved in any bankruptcy or Insolvency proceeding; or (v) If the collateral described in Section 6 or any schedule to this Note is used in violation of any law or regulation or if a judgment or lien is filed or levied against me or the collateral or the collateral is impaired, damaged, or removed from the custody of the Note Holder; or (vi) If I fail to abide by the term(s) of any Security Instrument or other documents described in Section 6 which secure payment of this Note. (B) Notice of Default: If I am in Default, then the entire Principal balance, accrued Interest, fees, and collection costs permitted to be collected under applicable law will be Immediately due and payable. At its option or if required by law, the Note Holder may send me a written notice informing me of said Default and acceleration. If I make any payment after the Note Holder has demanded payment of the entire balance due, my payment well be applied to the unpaid balance due under this Note. The unpaid balance consists of the Principal Amount remaining due, plus accrued finance charges, unpaid Late Charges, collection costs, and all other amounts due to the Note Holder under this Note. The Note Holder shall also have other rights and remedies provided by law. If the net proceeds of collateral sold do not pay my indebtedness in full, I will pay the Note Holder the difference, plus Interest at the Note Interest Rate until the unpaid balance Is paid in full. Any Default of this Note will also constitute an event of Default of any separate Mortgage, Deed of Trust or Security Deed securing this Note ("Security Instrument") or Pledge Agreement securing this Note. Upon Default, the Note Holder may proceed to enforce the terms of this Note or enforce any rights that it may have under the Security Instrument or Pledge Agreement. (C) No Waiver by Note Holder. Even if, at a time when 1 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. Any failure to enforce any provision of this Note by the Note Holder shall not constitute any waiver of such rights of the Note Holder to subsequently enforce such rights or remedies. 585957 (Rev 05) 3 of 8 (n1/07) M u19Stme ReW Eshte Nme I 12. INSURANCE REQUIREMENTS. I agree to purchase property/hazard insurance insuring the Property against loss and as required by the Security Instrument I acknowledge that I may obtain property/hazard insurance from any insurance company of my choice, subject to the Note Holder's right of approval which shall not be unreasonably withheld. Unless I provide the Note Holder with evidence of the insurance coverage required by my agreementwith the Note Holder, the Note Holder may purchase insurance at my expense to protect the Note Holder's interests in the Property. This insurance may, but need not, protect my interests. The coverage thatthe Note Holder purchases may not pay any claim that I make or any claim that is made against me in connection with the Property. I may later cancel any insurance purchased by the Note Holder, but only after providing the Note Holder with evidence that I have obtained insurance as required by our agreement If the Note Holder purchases insurance for the Property, I will be responsible for the costs of the insurance, including interest and any other charges the Note Holder may impose in connection with the placement of the insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance will be added to the Principal and will accrue Interest at the Note Interest Rate. I understand thatthe costs of the insurance obtained by the Note Holder may be more than the cost of insurance I may be able to obtain on my own. 13. RESPONSIBILITY OF PERSONS UNDER THIS NOTE. If more than one person signs this Note, each of us is jointly and severall obligated to pay the full amount owed and to keep all of the promises made in this Note. Any Guarantor, Surety, Co-Signer or Endorser of this Note (as described in Section 8 above) jointly and severally guarantee the payment, when due, to any Note Holder hereof of all amounts from time to time owing on this Note. The Note Holder may enforce its rights under this Note against each of us 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. I and any Guarantor, Surety, Co- Signer or Endorser of this Note further agrees that the failure by the Note Holder to perfect any security interestgranted by this Note shall not affect my liability or the liability of any Guarantor hereon. 14. GOVERNING LAW. This Note will be governed by and interpreted in accordance with federal law and, except as preempted by federal law, the laws of the state where the property securing this Note is located. Federal law that governs this Note includes 12 USC 85, which incorporates in part the laws of the State of North Carolina. If the Property securing this debt is located in Maryland, to the extent this Note is governed by Maryland law, this Note is governed by Md. Code Ann., Commercial Law §12 -1001 et seq. and applicable federal law. i 15. GENERAL PROVISIONS. I agree that I may not sell, assignor otherwise transfer my rights or obligations under this Note and that such action will be void. Any person who takes over my rights or obligations under this Note by operation of law will have all of my rights and must keep all of my promises made in this Note. Any person who takes over the rights or obligations of any Guarantor, Surety, Co-Signer or Endorser of this Note is also obligated to keep all of the promises made in this Note. This Note is intended by the Note Holder and me as a complete and exclusive statement of its terms, there beirg no conditions to the enforceability of this Note. This Note may not be supplemented or modified except in writing signed by the Note Holder and me. This Note benefits the Note Holder, its successors and assigns, and binds me and my heirs, personal representatives and assigns. If any provision of this Note shall for any reason be held to be invalid or unenforceable, such determination shall not affect the enforceability of the remaining provisions of this Note. Headings are for convenience of reference only and shall not affect the construction of this Note or any other i document associated with this loan. 16. SAVINGS AND COMPLIANCE. It is the intention of you and me to comply with applicable law. In each and every instance, our rights shall be limited by applicable law (to the extent such laws may not be effectively waived), construed so as to comply with such laws, and our rights may not be exercised except to the extent permitted by applicable law. No part of this agreement, nor any charge or receipt by you, is supposed to permit you to impose interest or other amounts in excess of lawful amounts. If an excess occurs, you will apply it as a credit or otherwise refund it and the rate or amount involved will automatically be reduced to the maximum lawful rate or amount To the extent permitted by law, for purposes of determining your compliance with law, you may calculate charges by amortizing, prorating, allocating and spreading any such charges. 17. DOCUMENTARY TAX. For loans secured by real property located in Florida, the state documentary tax due on this Note has been paid on the mortgage securing this indebtedness. I 565957 (Rev 05) 5 of 6 (01107) R&M-Stale Real Estate Note NOTICE TO BORROWER: 1. CAUTION: IT IS IMPORTANT THAT THE BORROWER THOROUGHLY READS THIS NOTE BEFORE THE BORROWER SIGNS IT. 2. THIS NOTE IS SECURED BY EITHER A FIRST OR SUBORDINATE LIEN ON REAL PROPERTY. 3. THE BORROWER IS ENTITLED TO A COPY OF THIS NOTE. 4. DO NOT SIGN THIS NOTE IF IT CONTAINS ANY BLANK SPACES. S. THE BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS NOTE. For Texas residents only: NOTICE TO CONSUMER: UNDER TEXAS LAW, IF YOU CONSENT TO THIS AGREEMENT, YOU MAY BE SUBJECT TO A FUTURE RATE AS HIGH AS PERCENT PER YEAR. By signing and sealing this Note, I agree under seal to the terms set forth above. Ilti� 14"'� [SEAL] BOrrowerMARC HOUCK SEAL] BorrowerClr Y L RIGG 1 Any Guarantor, Surety, Cosigner or Endorser of this Note acknowledges receipt and execution of the Co- Signers Notice. [SEAL] Guarantor - Co- Signer ( SEAL] Guarantor - Co- Signer t i i I FOR OFFICE USE ONLY Endorsement. Pay to the Order of Without Recourse By: Name: Title: 565957 (Rev 05) 6 of 6 (01/07) Mu Mi.4tate Real Estate N ote EXHIBIT "B" SCHEDULE A ALL THAT CERTAIN PROPERTY SITUATED IN THE BOROUGH OF SHIREMANSTOWN, COUNTY OF CUMBERLAND, AND STATE OF PENNSYLVANIA BEING MORE PARTICULARLY DESCRIBED IN A DEED RECORDED IN BOOK 260 AT PAGE 217 AMONG THE LAND RECORDS OF THE COUNTY SET FORTH ABOVE. PARCEL ID: 37 -23 -0555 -002 KNOWN AS: 12 RAILROAD AV E i i i t V VERIFICATION Maritza Tucker, hereby states that he /she is Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff in this matter, that he /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 /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. By: !A VA1 . Name: Maritza Tucker Title: Vice President Loan Documentation Company: Wells Fargo Bank, N.A. Date: L 4 2—' I — 1 086 -PA -V2 XCP 181286 r i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A., successor by merger to Wachovia Bank, CIVIL DIVISION < N.A. Plaintiff, NO.. 1 f . Vs. VVV r Marc Houck a /k/a Marc E. Houck; Cindy L. Rigg;� 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. 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 & ACKER A LLC By: Dated: April �/' , 2014 Scott A. Dietterick, EstLUi A 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 XCP- 181286/emed 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233 -8500; (908) 233 -1390 FAX Email: Office @zuckergoldberg.com Zucker, Goldberg & Ackerman, LLC XCP- 181286 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet bate: 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: CUSTOMER/PRI Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? CO-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date you closed your loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Zucker, Goldberg & Ackerman, LLC XCP- 181286 Assets Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1 : Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. Monthly amount: 2. Monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2nd Mortgage Utilities Car Payment(s) Condo /Neigh. Fees Auto Insurance Med. (not covered) Auto fuel /repairs Other prop. payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day /Child Care /Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Zucker, Goldberg & Ackerman, LLC XCP- 181286 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- 181286 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A., successor by merger to CIVIL DIVISION Wachovia Bank, N.A. Plaintiff, NO.: VS. Marc Houck a /k /a Marc E. Houck; Cindy.L. Rigg; 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- 181286 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A., successor by merger to CIVIL DIVISION Wachovia Bank, N.A. Plaintiff, NO.: vs. Marc Houck a /k /a Marc E. Houck; Cindy L. Rigg; 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 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 XCP- 181286 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- 181286 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. 062 -PA -V4 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 911 " 3[�`(� � {'�!{� g4Lt.,0 D k`.8t274.,e. i HE ( ROTHONOTAR Jody S Smith Chief Deputy 2014 APR 30 FM 3: 01 Richard W Stewart Solicitor CUMBERLAND COUNTY PENNSYLVANIA Wells Fargo Bank, N.A. Case Number vs. 2014-2295 Marc Edward Houck(et al.) SHERIFF'S RETURN OF SERVICE 04/25/2014 07:01 PM -Deputy Dawn Kell, 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: Marc Edward Houck at 598 Mulberry Drive, Silver Spring, Mechanicsburg, PA 17050. IJ 0-1. . DAWN KELL, DEPUTY 04/25/2014 07:01 PM-Deputy Dawn Kell, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Marc Houck, husband,who accepted as"Adult Person in Charge"for Cindy Lee Rigg at 598 Mulberry Drive, Silver Spring, Mechanicsburg, PA 17050. On DAWN KELL, DEPUTY SHERIFF COST: $66.60 SO ANSWERS, April 28, 2014 RONR ANDERSON, SHERIFF (c)CountySuite Sheriff.Teleosoft.Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A., successor by merger to Wachovia Bank, N.A. , Plaintiff, vs. Marc Houck a/k/a Marc E. Houck; Cindy L. Rigg; Defendants. Mortgaged Premises: 12 Railroad Avenue, Camp Hill, PA 17011 CIVIL DIVISION No.: 14 -2295 -CIVIL ISSUE NUMBER: TYPE OF PLEADING: -n C. % 5,-m r �-n ��r -' cta . c. a A G Q ' PRAECIPE FOR ENTRY OF JUDGMENT 0 , DEFAULT (MORTGAGE FORECLOSURE) FILED ON BEHALF OF: Wells Fargo Bank, N.A., successor by merger to Wachovia Bank, N.A. Plaintiff COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire- Pa. I.D. #55650 Kimberly A. Bonner, Esquire- Pa. I.D. #89705 Joel A. Ackerman, Esquire- Pa I.D. #202729 Ashleigh Levy Marin, Esquire- Pa I.D. #306799 Ralph M. Salvia, Esquire- Pa I.D. #202946 Jaime R. Ackerman, Esquire- Pa I.D. #311032 Jana Fridfinnsdottir, Esquire- Pa I.D. #315944 Brian Nicholas, Esquire- Pa I.D. #317240 Denise Carlon, Esquire- Pa I.D. #317226 Roger Fay, Esquire; PA I.D. #315987 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500 Atty File No.: XCP-181286 atuPa t (o.� t'el a 3/iG0Ss Praecipe for Entry of Judgment Zucker, Goldberg & Ackerman, LLC XCP-181286 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A., successor by merger to CIVIL DIVISION Wachovia Bank, N.A. Plaintiff, VS. Marc Houck a/k/a Marc E. Houck; Cindy L. Rigg; Defendants. NO.: 14 -2295 -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 Plaintiffs Complaint within the appropriate time limits from service thereof, and assess Plaintiffs damages as set forth in Complaint: Amount as set forth in Complaint $108,002.07 plus interest on the judgment amount ($108,002.07) from March 29, 2014, at the statutory rate and for foreclosure and sale of the mortgaged premises. I hereby certify that the defendant's last known 598 Mulberry Dr. address is: Mechanicsburg, PA 17050 Dated: gLoi ZUCKER, GOLBERG & ACKER yJAN, LLC BY: /1i D Scott A! etterick, squire; PA. I.D. #55650 ❑ Kimb-rlyA. 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 O Jaime R. Ackerman, Esquire; PA I.D. #311032 ❑ 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-181286 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 30\ Praecipe for Entry of Judgment Zucker, Goldberg & Ackerman, LLC XCP-181286 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A., successor by merger to CIVIL DIVISION Wachovia Bank, N.A. Plaintiff, vs. Marc Houck a/k/a Marc E. Houck; Cindy L. Rigg; Defendants. NO.: 14 -2295 -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 undersigned attorney for the plaintiff in the above action, being duly sworn according to law, do hereby depose and say that the statements made herein are true in and correct to the best of my knowledge, information, and that: 1) The Defendants Marc Houck a/k/a Marc E. Houck, Cindy L. Rigg 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 XCP-181286 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. ZUCKER, GOLBERG & A CKER AN, LLC Dated: q. --d6 BY: //ti` (ff/ 0 Scot D ietterick, Fr; PA. I.D. #55650 ❑ Kimberly A. Bonner, Esquire; PA. I.D. #89705 ❑ Ralph M. Salvia, Esquire; PA I.D. #202946 ❑ Joel A. Ackerman, Esquire; PA I.D. #202729 O Ashleigh L. Marin, Esquire; PA I.D. #306799 ❑ Jaime R. Ackerman, Esquire; PA I.D. #311032 ❑ Jana Fridfinnsdottir, Esquire; PA I.D. #315944 O 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-181286 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com Sworn to and subscribed before me This 2.(q day of 5Qf ',c3Q7 , 20 /'f Rio Notary Public My Commission Expires: PAUL C. NADRATOWSKI Notary Public of New Jersey ID# 2407850 My Commission Expires 4/27/2016 Zucker, Goldberg & Ackerman, LLC XCP-181286 Department of Defense Manpower Data Center Status Report Pursuant to Servicemembers + ,`ivil Relief Act Last Name: RIGG First Name: CINDY Middle Name: L Active Duty Status As Of: Sep -25-2014 Results as of : Sep -25-2014 11:41:02 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date 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 Call -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. rA 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/PC09SLDR.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: BD19J1DBE084O90 Department of Defense Manpower Data Center Report t to Servicentem Civil Relief Act Last Name: MARC First Name: HOUCK Middle Name: E Active Duty Status As Of: Sep -25-2014 Results as of : Sep -25-2014 11:39:33 AM SCRA 3.0 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 actier).-- On Active'Duty On'Active°Duty Status Data A w.l P :_° Order Notiflsatlon Star Date Active Duty Date : Active Duty End Date',tl' ' Status `til :: aka 1 9 14 . Sen''''po ent NA No NA No This response reflects whether the individual or his/her unit has received early notification to report for active duty - NA This response reflects the individuals' active duty status based on the Active Duty Status Date 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 actier).-- ,, Left Active Duty hln 367 Days of Active Duty. Status Date =: Wt Order Notiflsatlon Star Date Active Duty Start Date r w ; s,; l ., ;.,. # a w ,;'Zjrdar'is1¢ fi:gionEndDale,� r , Active D y End Date ' Status ; - ' Service Component NA No NA - No This response reflects whether the individual or his/her unit has received early notification to report for active duty NA This response reflects where the Individual left active duty status within 367 days preceding the Active Duty Status Date 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 actier).-- ',s... ,, :; , er as ootifi re t-. ion Active' Stat sDate +r `,tt'? Rs*rc, i,: i. r. ii,.., The tv�ember or HislHer' ri t N/as No ed of e'.Euture.Calh p to Active Duly. Duly. Order Notiflsatlon Star Date ,tt _ r w ; s,; l ., ;.,. # a w ,;'Zjrdar'is1¢ fi:gionEndDale,� r , i MH a w � .irSfet )N rs e et a, w �ii :$ervfcb Cam t � . 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 actier).-- 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 (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: GDJ851 DB1084000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A., successor by merger to CIVIL DIVISION Wachovia Bank, N.A. Plaintiff, vs. Marc Houck a/k/a Marc E. Houck; Cindy L. Rigg; Defendants. NO.: 14 -2295 -CIVIL NOTICE OF ORDER, DECREE OR JUDGMENT TO: Marc Houck a/k/a Marc E. Houck 598 Mulberry Dr. Mechanicsburg, PA 17050 [ ] Plaintiff [V] Defendant [ ] Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned an proceeding on 1 I10I N [ ] A copy of the Order or Decree is enclosed, or [V] The judgment is as follows: $108,002.07 Prothonotary Zucker, Goldberg & Ackerman, LLC XCP-181286 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A., successor by merger to CIVIL DIVISION Wachovia Bank, N.A. Plaintiff, vs. Marc Houck a/k/a Marc E. Houck; Cindy L. Rigg; Defendants. NO.: 14 -2295 -CIVIL NOTICE OF ORDER, DECREE OR JUDGMENT TO: Cindy L. Rigg 598 Mulberry Dr. Mechanicsburg, PA 17050 [ ] Plaintiff [V] Defendant [ ] Additional Defendant You are hereby notified that an Order,OrDec ee or Judgment was entered in the above captioned proceeding on //90 [ ] A copy of the Order or Decree is enclosed, or [V] The judgment is as follows: $108,002.07 plus costs. Zucker, Goldberg & Ackerman, LLC XCP-181286 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A., successor by merger to CIVIL DIVISION Wachovia Bank, N.A. Plaintiff, vs. Marc Houck a/k/a Marc E. Houck Cindy L. Rigg Defendant. TO: Marc Houck a/k/a Marc E. Houck 598 Mulberry Dr. Mechanicsburg, PA 17050 DATE OF NOTICE: 8/19/2014 NO.: 14 -2295 -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 Wells Fargo Bank, N.A., successor by merger to Wachovia Bank, N.A. Plaintiff, vs. Marc Houck a/k/a Marc E. Houck Cindy L. Rigg Defendant. CIVIL DIVISION NO.: 14 -2295 -CIVIL AVISO IMPORTANTE TO: Marc Houck a/k/a Marc E. Houck 598 Mulberry Dr. Mechanicsburg, PA 17050 FECHA DEL AVISO:8/19/2014 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 IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO IlNMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO 0 NO PUEDE PAGAR UNO, VAYA 0 LLAME LA OFICLNA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR 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 e tf e ri.r k, 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 181286 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A., successor by merger to CIVIL DIVISION Wachovia Bank, N.A. Plaintiff, vs. Marc Houck a/k/a Marc E. Houck Cindy L. Rigg Defendant. TO: Cindy L. Rigg 598 Mulberry Dr. Mechanicsburg, PA 17050 DATE OF NOTICE: 8/19/2014 NO.: 14 -2295 -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 Wells Fargo Bank, N.A., successor by merger to Wachovia Bank, N.A. Plaintiff, vs. Marc Houck a/k/a Marc E. Houck Cindy L. Rigg Defendant. TO: Cindy L. Rigg 598 Mulberry Dr. Mechanicsburg, PA 17050 CIVIL DIVISION NO.: 14 -2295 -CIVIL AVIS° IMP ORTANT E FECHA DEL AVISO:8/19/2014 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A IvIENOS 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 CAB O UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DERE LLEVAR ESTE DOCUMENTO INMEDIATANIENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO 0 NO PUEDE PAGAR UNO, VAYA 0 LLAME LA OFICTNA ABMO INDICADA PARA QUE LE 1NFORM:EN 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: ScArtf- A. DixAftrit*, 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 181286 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 4.4,000attor I ?1,6 OFFICE OF $P,ERiFF Wells Fargo Bank, N.A. vs. Marc Edward Houck (et al.) Case Number 2014-2295 SHERIFF'S RETURN OF SERVICE 04/25/2014 07:01 PM - Deputy Dawn Kell, 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: Marc Edward Houck at 598 Mulberry Drive, Silver Spring, Mechanicsburg, PA 17050. 5.1.1in DAWN KELL, DEPUTY 04/25/2014 07:01 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Marc Houck, husband, who accepted as "Adult Person in Charge" for Cindy Lee Rigg at 598 Mulberry Drive, Silver Spring, Mechanicsburg, PA 17050. DAWN KELL, DEPUTY SHERIFF COST: $66.60 SO ANSWERS, April 28, 2014 RONNY R ANDERSON, SHERIFF 0 (e)CounlySulle Sheriff, Teleosoft, Inc.