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HomeMy WebLinkAbout14-4328 Supreme Court-of Pennsylvania Court of Common Pleas Civil.Cover Sheet For Prothonotary Use Only: CUMBERLAND' County Docket No: The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or otherpapets 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,N.A. successor by merger Lead Defendant's Name: Charles P.Holmes,Co-Executor of the C to Wells Fargo Home Mortgage,Inc. Estate of Barbara A.Potter a/k/a Barbara Ann Potter T I Are money damages requested?: ❑Yes ® No Dollar Amount Requested: within arbitration limits (Check one) Q x outside arbitration limits N Is this a Class Action Suit? [:]Yes ® No Is this an MDJ Appeal? ❑Yes ® No A Name of Plaintiff/Appellant's Attorney: Scott A.Dietterick,Esq.c/o Zucker,Goldberg&Ackerman,LLC ❑ 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 . ❑ 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 inchide S 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 N ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL,PROPERTY MISCELLANEOUS ❑ Toxic Waste F1 Other: [:1 Ejectment El Common Law/Statutory Arbitration ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment B ❑ Ground Rent El Mandamus ❑ Landlord/Tenant Dispute ❑ Non-Domestic Relations PROFESSIONAL LIABILITY ® Mortgage Foreclosure:Residential Restraining Order ❑ Mortgage Foreclosure:Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 111112011 Zucker,Goldberg&Ackerman, LLC 062-PA-V4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A.SUCCESSOR BY CIVIL DIVISION mg MERGER TO WELLS FARGO HOME MORTGAGE INC., NO.: 'C , i ` t Plaintiff, TYPE OF PLEADING , VS. r C) a -, CIVIL ACTION -COMPLAINT _�r cr Charles P. Holmes, Co-Executor of the Estate of IN MORTGAGE FORECLOSURE T" C:*� Barbara A. Potter a/k/a Barbara Ann Potter; Brett Guy Holmes, Co-Executrix of the Estate of FILED ON BEHALF OF: Barbara A. Potter a/k/a Barbara Ann Potter; Wells Fargo Bank, N.A. successor by merger to Wells Fargo Home Mortgage, Inc. Defendants. COUNSEL OF RECORD FOR THIS PARTY: TO: DEFENDANTS YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY(20)DAYS ZUCKER,GOLDBERG &ACKERMAN, LLC FROM SERVICE HEREOF OR A DEFAULTJUDGMENT MAY BE ENTERED AGAINST YOU. Scott A. Dietterick, Esquire- Pa. I.D.#55650 I HEREBY CERTIFY THAT THE ADDRESS Kimberly A. Bonner, Esquire- Pa. I.D.#89705 OFTHE PLAINTIFF IS: Joel A.Ackerman, Esquire- Pa I.D.#202729 3476Stateview Blvd. Ashleigh Levy Marin, Esquire- Pa I.D.#306799 Ft.Mill,SC 29715 Ralph M. Salvia, Esquire- Pa I.D. #202946 AND THE DEFENDANT: Jaime R.Ackerman, Esquire- Pa I.D.#311032 P.0.Box 623 Jana Fridfinnsdottir, Esquire- Pa I.D.#315944 Greenwood Lake,NY 10925 Brian Nicholas, Esquire- Pa I.D.#317240 Denise Carlon, Esquire- Pa I.D. #317226 CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF 200 Sheffield Street, Suite 101 THE REAL ESTATE AFFECTED BY THIS LIEN IS Mountainside, NJ 07092 1841 Creekview Drive,New Cumberland PA 17070-2210 (908) 233-8500 Municipality: Lower Allen (908) 233-1390 FAX office@zuckergoldberg.com ATTOR EY O PLAINTIFF File No.: XVP- 184870/rbo ATTY FILE NO.:XVP 184870 3. 75 CIL « bpw 0101 ci IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. successor by merger to CIVIL DIVISION Wells Fargo Home Mortgage, Inc. Plaintiff, NO.: VS. Charles P. Holmes, Co-Executor of the Estate of Barbara A. Potter a/k/a Barbara Ann Potter; Brett Guy Holmes, Co-Executrix of the Estate of Barbara A. Potter a/k/a Barbara Ann Potter; Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND& LAWYER REFERRAL SERVICE NOTICE TO DEFEND LAWYER REFERRAL Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. successor by merger to CIVIL DIVISION, Wells Fargo Home Mortgage, Inc. Plaintiff, NO.: VS. Charles P. Holmes, Co-Executor of the Estate of Barbara A. Potter a/k/a Barbara Ann Potter; Brett Guy Holmes, Co-Executrix of the Estate of Barbara A. Potter a/k/a Barbara Ann Potter; 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 USTED 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, N.A. successor by merger to CIVIL DIVISION Wells Fargo Home Mortgage, Inc. 3476 Stateview Blvd. NO.: Ft. Mill, SC 29715. Plaintiff, VS. Charles P. Holmes, Co-Executor of the Estate of Barbara A. Potter a/k/a Barbara Ann Potter P. 0. Box 623 Greenwood Lake, NY 10925; Brett Guy Holmes,Co-Executrix of the Estate of Barbara A. Potter a/k/a Barbara Ann Potter 1040 West Foxcroft Drive Camp Hill, PA 17011; Defendants. CIVIL ACTION -COMPLAINT IN MORTGAGE FORECLOSURE And now comes Wells Fargo Bank, N.A. successor by merger to Wells Fargo Home Mortgage, Inc., 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 Wells Fargo Home Mortgage, Inc., (hereinafter"plaintiff"), 3476 Stateview Blvd., Ft. Mill,SC 29715. 2. The Defendants) is/are Charles P. Holmes, Co-Executor of the Estate of Barbara A. Potter a/k/a Barbara Ann Potter, with a last known address of P. 0. Box 623, Greenwood Lake, NY 10925. 3. The Defendants) is/are Brett Guy Holmes, Co-Executrix of the Estate of Barbara A. Potter a/k/a Barbara Ann Potter, with a last known address of 1040 West Foxcroft Drive, Camp Hill, PA 17011. 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 Wells Fargo Home Mortgage, Inc., directly or through an agent, has possession of the Promissory Note. Wells Fargo Bank, N.A. successor Zucker,Goldberg&Ackerman, LLC 062-PA-V4 by merger to Wells Fargo Home Mortgage, Inc. 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. 6. On or about April 14, 2003, Barbara A. Potter made, executed and delivered to Cardinal Financial Company, Ltd. Partnership a Mortgage in the original principal amount of$111,569.00 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 April 25, 2003, in Mortgage Book\Volume 1807, Page 4678. The mortgage is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(8), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 7. The aforesaid Note and/or Mortgage was modified pursuant to Loan Modification Agreement dated July 7, 2010. A copy of said Modification Agreement is marked Exhibit C, attached hereto and made a part hereof. 8. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded April 25, 2003, the mortgage was assigned to Wells Fargo Home Mortgage, Inc.,which assignment is recorded in the Office of the Recorder of Deeds for Cumberland County in Assignment Book 696, Page 3115. The Assignment is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g),which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 9. Herbert H. Potter and Barbara A. Potter, husband and wife,were the record owners of the aforesaid mortgaged premises. Herbert Potter died prior to the execution of the aforesaid Note and Mortgage,vesting all of their interest in the aforesaid mortgaged premises to Barbara A. Potter a/k/a Barbara Ann Potter, by operation of law. 10. Barbara Ann Potter was the record and real owner(s) of the mortgaged premises. 11. Barbara Ann Potter died on November 29, 2009, leaving a Will dated April 18, 2002. Letters Testamentary were granted to Charles P. Holmes,Co-Executor of the Estate of Barbara A. Potter a/k/a Barbara Ann Potter and Brett Guy Holmes, Co-Executrix of the Estate of Barbara A. Potter a/k/a Barbara Ann Potter on December 2, 2009 in Cumberland County,#21-09-1118. 12. Defendants are in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the installments of principal and interest due July 1, 2013. Zucker,Goldberg&Ackerman, LLC 062-PA-V4 13. As of 06/23/2014 the amount due and owing Plaintiff on the mortgage is as follows: Principal $ 100,752.15 Interest $4,807.11 From 06/01/2013 to 06/23/2014 Late Charges $455.67 Escrow Advance $ 1,605.27 Property Inspections $90.00 Property Preservation $0.00 BPO/Appraisal $0.00 Escrow Balance $0.00 Corporate Advance Credit $ 0.00 Total $ 107,710.20 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. 14. . 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). 15. Plaintiff hereby releases Charles P. Holmes, Co-Executor of the Estate of Barbara A. Potter a/k/a Barbara Ann Potter, Brett Guy Holmes, Co-Executrix of the Estate of Barbara A. Potter a/k/a Barbara Ann Potter from personal liability for the debt evidenced by the Note and secured by the Mortgage as he is named only in his administrative capacity. Zucker,Goldberg&Ackerman, LLC 062-PA-V4 16. 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. WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $107,710.20 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 Xy BY: AA 14& Dated: 100 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-184870/rbo 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoIdberg.com THIS IS AN ATTEMPT TO COLLECT A DEBT,AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Zucker,Goldberg&Ackerman, LLC 062-PA-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. April 14; 2003 Trevose Pennsylvania [Date] [City] [State] 1841 Creekview Drive ,New Cumberland ,PA 17070 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $111,.569.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is Cardi nal Fi nanci al Company, Ltd. Partnershi p 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 takes this Note by transfer and who is entitled to receive payments under this Note is called the"Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 5.7500 %. The interest rate required by this Section 2 is the rate I will pay both before and after 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 1St day of each month beginning on June 1, 2003 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 May 1, 2033 , 1 still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at 355 East Street Road, Trevose, PA 19053 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 651.09 4. BORROWER'S RIGHT TO PREPAY The Borrower shall have the right to prepay at any time, without premium or fee, the entire indebtedness or any part thereof not Iess 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 Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Amended for Veterans Affairs Form 3200 1/01 -5G [ .at Amended 6/00 V MOR MP MORTGAGE FORMS-16001627-729_t'� Page 7 of 3 MW 05/00.02 Initials: .; r 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 be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment, 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 4.0000 %of my overdue payment. I will pay this late charge promptly but only once on each late payment. (B)Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C)Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require the to pay inunediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E)Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. 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 mail to the Note Holder at the address stated in Section 3(A) above or at a different address if 1 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 Note is also obligated tortio 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 I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice,of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. Form 32 1 M®5G l000sl.ot Page 2 of 3 Initials: t0. 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 supp1ementithe covenants of this Note as if the allonge were a part of this Note. [Check applicable box] T. .' ; ,-.if,aiq ff f,,I ❑Graduated Payment Allonge ❑Other[Specify] ❑Other[Specify]: 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In additiomto:the proteetions'giveii'to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Regulations (38 C.F.R. Part 36) issued under the Department of Veterans Affairs ("VA") Guaranteed Loan Authority (38 U.S.C. Chapter 37) and in effect on the date of loan closing shall govern the rights, duties and liabilities of the parties to this loan and any provisions of this Note which are inconsistent with such regulations are hereby amended and supplemented to conform thereto. WITNESS THE HAND(S)AND SEAL(S) OF THE UNDERSIGNED. (Seal) (Seal) Barbara A. potter -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower V1`C11011T RECOURSE PAY TO THE ODOM 00 ot *h0ME'M0RTGAGE,INC. (sign Original Only) Ch 9-91 frd� F r4 Arrc 1+K.. ezvn00fr--1 rr-p ?AJZ:r„rERS rh p r47-\/ n ra Pacini s President ,Marie LaPorte st. Secretary Form s2oo iroti 9M 5G 1000501 Page 3 of 3 s WITHOUT RECOURSE PAY TO THE ORDER OF WELLS FARRGO-HOME /MORTGAGE, INC. By ! ? . y Shar Vice President, Loan Documentation i .;,3, 4 Ukw EXHIBIT B Zucker,Goldberg&Ackerman, LLC 062-PA-V4 I First,r t'can ride Insutam Campy Best Image Possible SCP1WVU C ALL TKAT CERTAIN crest or Parcel of 12041dteate in the Township of Loover Ali= Cotttaty of Cumberland and Coraraonwealth of Pentlsylvanla, Moro partkU19My bounded and de6ctibed as Wows, to wit: $130MING at it poim on the southerly line of Crook View Drive at the coiner of Lot No,6 of the herelaaftar mentloned, plan of Lots;them by the southerly Has of geek View Drive by a=vc to the right havigg a radius of 180 feet, an ruc diswa of 27.18 feet to a paint et the cornet of Lot No.4 of rhe herainafter rite d=w Plan of Y.M; thence by Lot No.4 Nord►39 dogrees 80 mutes Oil Mon&West,a distaaoe of 154.31 fleet to a point at land now or late of Drexel Huts; thetics by laud now or late of Dregel Huls South 24 degrees 42 gdmtes West,a distance of 26.66 feet to a point at the corner of Lot No. 6 of the hareitaaiter mendOned Plan of Lots;thence by Lot No, 6 South 99 degrees 30 minutes Ob seOM& Best, a dister= of 154,42 feet to a point on the soutbWly 1in0 of Crock View Drive, tbo place of 81?A>;t�NG. BEING Lot No. S of the F'nW Shbdiwialoa Pfau for Phase 1,Bum Hill ViWge of Creekaide,recorded la Cumbertaad County Plan Book so,Page 113, BEING THE BANS pRMOg9 Wkiob Gregory S. Chefs sad Suaam J. ohelap, kanbu d aad wl1U, and Patricia A. W1111atme0n, formwly Patricia A. QWq and Stephan L, Wltlirmcm, basbwA and wllb,by decd cured Juno 29, 3.000 od recortled July 14,2000 in ihs>steo wder's Of1Joe in and for Cumberland County,PA,in Rwad Book 225, P4ge 14, granted and conveyed onto fiezbm H. Potter Od Barbara A. Potter,husband and wife. PA-3 �.l U F64 S 4 EXHIBIT C Zucker,Goldberg&Ackerman, LLC 062-PA-V4 EXHIBIT C i. Zucker,Goldberg.&Ackerman, LLC 062-PA-V4. • • N Wells Fargo Home Mortgage MAC X7801-03K 3476 Stateview Boulevard Fort Mill,SC 29715 LOAN MODIFICATION LOAN NUMBER: PROPERTY ADL___-- L.Lc�rtvlew Drive New Cumberland PA 17070 THIS LOAN MODIFICATION AGREEMENT ( "Agreement" ) , made on July 07, 2010, by and between Barbara A Potter and --- -"� and (the "Borrower (s) ") and Wells Fargo Bank, N A (the "Lender" , togehter with the Borrower(s) , the "Parties") . WITNESSETH WHEREAS, Borrower has requested and Lender has agreed, subject, to .the following terms and conditions, to a loan modification as follows : NOW THEREFORE, in consideration of the covenants hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Parties, it is agreed as follows (notwithstanding anything to the contrary in the Note and Security Instrument dated 04/14/2003 . ) 1. BALANCE. As of July 07, 2010, the amount payable under the Note and Security Instrument (the "Unpaid Principal Balance" ) is U.S. $ 100, 414 .41 . 2 . EXTENSION. This Agreement hereby modifies the following terms of the Note and Security Instrument described herein above as follows : A. The current contractual due date has been extended from 01-01-10 to 09/01/2010. The first modified contractual due date is on 09/01/2010 . B. The maturity date has been extended from OS-33 (month/year) to 08/01/2040 . C. The amount of interest to be included (capitalized) will be U.S. $ 3, 849.20 . The amount of the Escrow Advance to be capitalized will be U. S. $1, 438 . 66. The amount of Recoverable Expenses* to be capitalized will be U. S. 1$0. 00 . The modified Unpaid Principal Balance is U.S. $ 105, 702 . 27 . * Recoverable Expenses may include, but are not limited to: Title, Attorney fees/costs, BPO/Appraisal, and/or Property Preservation/ Property Inspections D. The Borrower(s) promises to pay the Unpaid Principal Balance plus interest, to the order of the Lender. Interest will be charged on the Unpaid Principal Balance of U.S. $ 105, 702 . 27 . The Borrower(s) promises to make monthly payments of principal and interest of U.S. $ 535 . 58, at a yearly rate of 4 . 5000, not including any escrow deposit, if applicable . If on the maturity date the Borrower(s) still owes an amount under the Note and Security Instrument, as amended by this Agreement, Borrower(s) will pay this amount in full on the maturity date. LM521./B1K/1 Welts Fargo Home Mortgage is.a division of Welts Fargo Bank,N.A. Wells Fargo Home Mortgage MAC X7801-03K HOME 3476 Stateview Boulevard • MORTGAGE Fort Mill,SC 29715 3;" NOTE AND SECURITY INSTRUMENT. Nothing in this Agreement shall be understood or construed to be a satisfaction or release, in whole or in part of the Borrower' s obligations under the Note or Security Instrument. Further, except as otherwise specifically provided in this Agreement, the Note and Security Instrument will remain unchanged, and Borrower and Lender will be bound by, and shall comply with, all of the terms and provisions thereof, as amended by this Agreement. 4 . The. undersigned Borrower(s) acknowledge receipt and acceptance of the - - Loan Modification Settlement Statement. Borrower(s) agree with the - - information disclosed in and understand that I/we am/are responsible for payment of any outstanding balances outlined in the Loan Modification Settlement. 5 . The undersigned Borrower(s) acknowledge receipt and acceptance of the Borrower Acknowledgements, Agreements, and Disclosures Document (BARD) . 6 . If included, the undersigned Borrower (s) acknowledge receipt and acceptance of the Truth in Lending statement. 7 . If included, the undersigned Borrower(s) acknowledge receipt and acceptance of the Special Flood Hazard Area (SFHA) . 8 . That (he/she/they) (is/are) the Borrower(s) on the above-referenced Mortgage Loan serviced by Wells Fargo Bank, N A. That (he/she/they) have experienced a financial hardship or change in financial circumstances since the origination of (his/her/their) Mortgage Loan. That (he/she/they) did not intentionally or purposefully default on the Mortgage Loan in order to obtain a loan modification. LM521/BIK/2 Wells Fargo Home Mortgage is a division of Wells Fargo Bank,N.A. Wells Fargo dome Mortgage MAC X7801-03K HOME 3476 Stateview Boulevard ! • r Fort Mill,SC 29715 :r CORRECTION AGREEMENT. The undersigned borrower(s) , for and in consideration of the approval, closing and funding of this Modification, hereby grants Wells Fargo Bank, N A, as lender, limited power of attorney to correct and/or initial all typographical or clerical errors discovered in the Modification Agreement required to be signed. In the event this limited power of attorney is exercised, the undersigned will be notified and receive a copy of the document executed or initialed on their behalf. This provision may not b(� used to modify the interest rate, modify the term, modify the outstanding }principal balance or modify the undersigned' s monthly princ:'Lpa.l and interest payments as modified by this agreement. Any of these specified changes must be executed directly by the undersigned. This limited power of attorney shall automatically terminate in 120 d y fr the closing date of the undersigned' s Modification. (Borrower(s) initial) IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as the date first above written. By signing this Agreement I hereby consent to being contacted concerning this loan at any cellular or mobile telephone number I may have. This includes text messages and telephone calls including the use of automated dialing systems to contact my cellular or mobile telephone. You will not be billed by your cellular or mobile carrier for any text messages you may receive from Wells Fargo, however, any calls we place' to your cellular or mobile phone will incur normal airtime charges assessed by your mobile carrier.. Dated as of this /v day of 20 /0 Ao � B-� Barbara A Potter Signature Signature Signature Signature lbo Wells�ar�goBa�&, N A Halimo Y. Adem Name: VP of Loan Documeritation Its LM527/B1K/3 Wells Fargo Home Mortgage is a division of Wells Fargo Bank,N.A. i VERIFICATION Nathaniel Orendain, hereby states that he'she is Vice President Loan Documentation of WELLS FARGO BANK,N.A., plaintiff in this matter, tha e,Ji 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 o his er information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. oz/v Name: Nathaniel nd in Title: Vice Presi t L an Documentation Company: Wells Fargo Bank,N.A. Date: 06/26/2014 086-PA-V2 File#: 184870 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. successor by merger to CIVIL DIVISION Wells Fargo Home Mortgage, Inc. Plaintiff, vs. Charles P. Holmes, Co-Executor of the Estate of Barbara A. Potter a/k/a Barbara Ann C__ �Yy Potter; Brett Guy Holmes, Co-Executrix of the = Estate of Barbara A. Potter a/k/a Barbara Ann Potter; 1- �. C7 Defendants. -yam s LC. NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE 'L 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 Zucker, Goldberg&Ackerman, LLC XVP-184870 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 &ACKERMAN, LLC By: Dated: July 10 ' 2014 Scott A. ietteric , 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-184870/ns 200 Sheffield Street, Suite 101 Mountainside, N1 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoIdberg.com Zucker,Goldberg&Ackerman, LLC XVP-184870 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-184870 Assets Amount Owed: Value: Home: $ $ Other Real.Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile#1: Model: Year: Amount owed: Value: Automobile#2: Model: Year: Amount owed: Value: Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. Monthly amount: 2. Monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2"d 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-184870 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 [/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-184870 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. successor by merger to CIVIL DIVISION Wells Fargo Home Mortgage, Inc. Plaintiff, NO.: vs. Charles P. Holmes, Co-Executor of the Estate of Barbara A. Potter a/k/a Barbara Ann Potter; Brett Guy Holmes,Co-Executrix of the : Estate of Barbara A. Potter a/k/a Barbara Ann Potter; 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 XVP-184870 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. successor by merger to CIVIL DIVISION Wells Fargo Home Mortgage, Inc. Plaintiff, NO.: VS. Charles P. Holmes, Co-Executor of the Estate : of Barbara A. Potter a/k/a Barbara Ann Potter; Brett Guy Holmes, Co-Executrix of the Estate of Barbara A. Potter a/k/a Barbara Ann Potter; 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 Zucker,Goldberg&Ackerman, LLC XVP-184870 Conciliation Conference.The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference,the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 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-184870 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFP.IC fiFT!+F$rFRIFF 2014 Alt 26 Ail 10: Ci5 CUMBERLAND COUNTY PENNSYLVANIA Wells Fargo Bank, N.A. vs. Charles P Holmes (et al.) Case Number 2014-4328 SHERIFF'S RETURN OF SERVICE 08/25/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Brett Guy Holmes, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Served" at 1841 Creek View Drive, Lower Allen, New Cumberland, PA 17070. Five attempts at service were made but deputies were unable to make contact with anyone to effectuate service before the Complaint expired. 08/25/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Charles P Holmes, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Served" at 1841 Creek View Drive, Lower Allen, New Cumberland, PA 17070. Five attempts at service were made but deputies were unable to make contact with anyone to effectuate service before the Complaint expired. SHERIFF COST: $82.42 SO ANSWERS, August 25, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuile Sheriff, Teleosoft. Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. successor by merger to CIVIL DIVISION Wells Fargo Home Mortgage, Inc. vs. Barbara A. Potter; Plaintiff, Defendant. NO.: 14 -4328 -CIVIL MOTION FOR LEAVE TO AMEND COMPLAINT AND NOW, comes Wells Fargo Bank, N.A. successor by merger to Wells Fargo Home Mortgage, Inc. ("Plaintiff"), by and through its attorneys, Zucker, Goldberg & Ackerman, LLC, and submits the following Motion for Leave to Amend Complaint pursuant to Pa.R.C.P. No. 1033: 1. Plaintiff filed a Complaint in Mortgage Foreclosure against the Defendant on or about July 25, 2014. A true and correct copy of said Complaint is marked Exhibit "A," attached hereto and make a part hereof. 2. Plaintiff's Complaint was filed with an attorney verification pursuant to Pa.R.C.P. No. 1024(c), as the Plaintiff is outside the Court's jurisdiction and a Plaintiff verification could not be obtained by the time of filing. 3. Plaintiff now wishes to substitute its verification for the attorney verification, but requests leave to file an Amended Complaint in order to update the alleged amounts due and owing, along with any other circumstances that may have changed since the original filing date. A copy of Plaintiff's Amended Complaint is attached as Exhibit "B." 4. Defendant will in no way be prejudiced by the filing of the Amended Complaint, as Defendant has not responded to the original Complaint and will now have an additional opportunity to do so, and further no additional causes of action are raised. 5. No other Motion has been decided in the instant matter. 6. Plaintiff has attempted to obtain concurrence of Defendant with the instant Motion, but Defendant could not be located, therefore no concurrence was obtained. WHEREFORE, Plaintiff respectfully requests that this honorable Court grant Plaintiff's Motion for Leave to Amend Complaint as outlined above. Dated: By: ZUC R, GOLDBERG AN, LLC 14JJ1Jj11 )t A. Dietterick, Esquire lA I.D. #55650 berly A. Bonner, Esquir=, PA I.D. #89705 I A. Ackerman, Esquire; PA I.D. #202729 shleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 Jana Fridfinnsdottir, Esquire; PA I.D. #315944 Brian Nicholas, Esquire; PA I.D. #317240 Denise Carlon, Esquire; PA I.D. #317226 Roger Fay, Esquire; PA I.D. #315987 Attorneys for Plaintiff XVP-184870/jfa 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. SUCCESSOR BY MERGER TO WELLS FARGO HOME MORTGAGE, INC., Plaintiff, vs, Charles P. Holmes, Co -Executor of the Estate of Barbara A. Potter a/k/a Barbara Ann Potter; Brett Guy Holmes, Co -Executrix of the Estate of Barbara A. Potter a/k/a Barbara Ann Potter; Defendants. TO: DEFENDANTS YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF ORA DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 3476 Statevlew Blvd. Ft. MIII, SC 29715 AND THE DEFENDANT: P. O. Box 623 Greenwood Lake, NY 10925 CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 1841 Creekview Drive. New Cumberland PA 17070-2210 Munit • LowerAII ATTY FILE NO.: XVP 184870 CIVIL DIVISION NO.: 1-1-143d9. TYPE OF PLEADING CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: Wells Fargo Bank, N.A. successor by merger to Wells Fargo Home Mortgage, Inc. COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire- Pa. ID. #55650 Kimberly A. Bonner, Esquire- Pa. I.D. #89705 Joel A. Ackerman, Esquire- Pa ID. #202729 Ashleigh Levy Marin, Esquire- Pa I.D. #306799 Ralph M. Salvia, Esquire- Pa ID. #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, Ni 07092 (908) 233-8500 (908) 233-1390 FAX office@zuckergoldberg.com File No.: XVP- 184870/rbo 1:=) 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 DEFENDANTS) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. successor by merger to CIVIL DIVISION Wells Fargo Home Mortgage, Inc. Plaintiff, vs. Charles P. Holmes, Co -Executor of the Estate of Barbara A. Potter a/k/a Barbara Ann Potter; Brett Guy Holmes, Co -Executrix of the Estate of Barbara A. Potter a/k/a Barbara Ann Potter; Defendants. NO.: 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 Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 LAWYER REFERRAL 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 Wells Fargo Home Mortgage, Inc. Plaintiff, vs. Charles P. Holmes, Co -Executor of the Estate of Barbara A. Potter a/k/a Barbara Ann Potter; Brett Guy Holmes, Co -Executrix of the Estate of Barbara A. Potter a/k/a Barbara Ann Potter; Defendants. AVISO CIVIL DIVISION NO.: USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de la demanda establecida en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despuos de la notificacion de esta Demanda y Aviso respondiendo personalmente o por medio de un abogado una comparecencia esc rita y radicando en la Corte por escrito sus defensas y objeciones a las demandas establecidas en su contra. Se le advierte de que si usted falla en tomar accion como se describe anteriormente, el caso puede proceder sin usted sin previo aviso y un fallo por cualquier suma de dinero reclamada en la demanda 0 cua lquier otra reclamacion o remedio solicitado por el demandante, puede ser dictado en contra suva por la Corte. Usted puede perder dinero •0 propiedades u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED 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 Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 LAWYER REFERRAL 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 CIVIL DIVISION Wells Fargo Home Mortgage, Inc. Plaintiff, vs. Charles P. Holmes, Co -Executor of the Estate of Barbara A. Potter a/k/a Barbara Ann Potter; Brett Guy Holmes, Co -Executrix of the Estate of Barbara A. Potter a/k/a Barbara Ann Potter; Defendants. NO.: 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 onyour 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 Zucker, Goldberg & Ackerman, LLC XVP-184870 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. Bv: Dated: July !0 , 2014 ZUCKER, GOLDBERG & ACKERMAN, LLC d Ai Scott A. ' ietteric ,.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-184870/ns 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com Zucker, Goldberg & Ackerman, LLC XVP-184870 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: CUSTOMER/PRIMARY APPLICANT Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: Yes ❑ No ❑ Listing date: State: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: Zip: Price: $ Realtor Phone: Phone Numbers: Home: Cell: Email: # of people in household: State: Zip:. Office: Other: How long? CO -BORROWER Mailing Address: City: Phone Numbers: Email: # of people in household: Home: Cell: State: Office: Other: Zip: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Second Mortgage Lender: Type of Loan: Loan Number: Date you closed your loan:. 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-184870 Assets Amount Owed: Home: $ Other Real Estate: $ Retirement Funds: $ Value: Investments: $ $ Checking: Savings: $ Other: $ $, Automobile #1: Model: Amount owed: Automobile #2: Model: Amount owed: Value: Monthly Income Name of Employers: 1. 2. 3. Value• Year: Year: Additional Income Description (not wages): Monthly amount: 2. Monthly amount: 1. Borrower Pay Days: Co -Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2"d 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 Su pport/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 111 If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Email: Fax: Zucker, Goldberg & Ackerman, LLC XV P-184870 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): Servicing Company (Name): Contact: Phone: 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 1/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: ✓ Proof of Income ✓ Past 2 bank statements ✓ Proof of any expected income for the last 45 days ✓ Copy of current utility bill ✓ Letter explaining reason for delinquency and any supporting documentation (hardship letter) ✓ Listing agreement (if property is currently on the market) Zucker, Goldberg & Ackerman, LLC XVP-184870 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. successor by merger to Wells Fargo Home Mortgage, Inc. Plaintiff, vs. Charles P. Holmes, Co -Executor of the Estate of Barbara A. Potter a/k/a Barbara Ann Potter; Brett Guy Holmes, Co -Executrix of the Estate of Barbara A. Potter a/k/a Barbara Ann Potter; Defendants. CIVIL DIVISION NO,: 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-184870 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. successor by merger to Wells Fargo Home Mortgage, Inc. Plaintiff, vs. Charles P. Holmes, Co -Executor of the Estate of Barbara A. Potter a/k/a Barbara Ann Potter; Brett Guy Holmes, Co -Executrix of the Estate of Barbara A. Potter a/k/a Barbara Ann Potter; Defendants. CIVIL DIVISION NO. 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 Zucker, Goldberg & Ackerman, LLC XVP-184870 Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 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-184870 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. successor by merger to Wells Fargo Home Mortgage, Inc. 3476 Stateview Blvd. Ft. Mill, SC 29715. Plaintiff, vs. Charles P. Holmes, Co -Executor of the Estate of Barbara A. Potter a/k/a Barbara Ann Potter P. O. Box 623 Greenwood Lake, NY 10925; Brett Guy Holmes, Co -Executrix of the Estate of Barbara A. Potter a/k/a Barbara Ann Potter 1040 West Foxcroft Drive Camp Hill, PA 17011; Defendants. CIVIL DIVISION CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Wells Fargo Bank, N.A. successor by merger to Wells Fargo Home Mortgage, Inc., 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 Wells Fargo Home Mortgage, Inc., (hereinafter "plaintiff"), 3476 Stateview Blvd., Ft. Mill, SC 29715. 2. The Defendant(s) is/are Charles P. Holmes, Co -Executor of the Estate of Barbara A. Potter a/k/a Barbara Ann Potter, with a last known address of P. 0. Box 623, Greenwood Lake, NY 10925. 3. The Defendant(s) is/are Brett Guy Holmes, Co -Executrix of the Estate of Barbara A. Potter a/k/a Barbara Ann Potter, with a last known address of 1040 West Foxcroft Drive, Camp Hill, PA 17011. 4. In order to protect the borrowers 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 Wells Fargo Home Mortgage, Inc., directly or through an agent, has possession of the Promissory Note. Wells Fargo Bank, N.A. successor Zucker, Goldberg & Ackerman, LLC 062 -PA -V4 by merger to Wells Fargo Home Mortgage, Inc. 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. 6. On or about April 14, 2003, Barbara A. Potter made, executed and delivered to Cardinal Financial Company, Ltd. Partnership a Mortgage in the original principal amount of $111,569.00 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 April 25, 2003, in Mortgage Book\Volume 1807, Page 4678. 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. The aforesaid Note and/or Mortgage was modified pursuant to Loan Modification Agreement dated July 7, 2010. A copy of said Modification Agreement is marked Exhibit C, attached hereto and made a part hereof. 8. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded April 25, 2003, the mortgage was assigned to Wells Fargo Home Mortgage, Inc., which assignment is recorded in the Office of the Recorder of Deeds for Cumberland County in Assignment Book 696, Page 3115. The Assignment is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 9. Herbert H. Potter and Barbara A. Potter, husband and wife, were the record owners of the aforesaid mortgaged premises. Herbert Potter died prior to the execution of the aforesaid Note and Mortgage, vesting all of their interest in the aforesaid mortgaged premises to Barbara A. Potter a/k/a Barbara Ann Potter, by operation of law. 10. Barbara Ann Potter was the record and real owner(s) of the mortgaged premises. 11. Barbara Ann Potter died on November 29, 2009, leaving a Will dated April 18, 2002. Letters Testamentary were granted to Charles P. Holmes, Co -Executor of the Estate of Barbara A. Potter a/k/a Barbara Ann Potter and Brett Guy Holmes, Co -Executrix of the Estate of Barbara A. Potter a/k/a Barbara Ann Potter on December 2, 2009 in Cumberland County, #21-09-1118. 12. Defendants are in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the installments of principal and interest due July 1, 2013. Zucker, Goldberg & Ackerman, LLC 062 -PA -V4 13. As of 06/23/2014 the amount due and owing Plaintiff on the mortgage is as follows: Principal $ 100,752.15 Interest $ 4,807.11 From 06/01/2013 to 06/23/2014 Late Charges $ 455.67 Escrow Advance $ 1,605.27 Property Inspections $ 90.00 Property Preservation $ 0.00 BPO/Appraisal $ 0.00 Escrow Balance $ 0.00 Corporate Advance Credit $ 0.00 Total $ 107,710.20 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. 14. 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). 15. Plaintiff hereby releases Charles P. Holmes, Co -Executor of the Estate of Barbara A. Potter a/k/a Barbara Ann Potter, Brett Guy Holmes, Co -Executrix of the Estate of Barbara A. Potter a/k/a Barbara Ann Potter from personal liability for the debt evidenced by the Note and secured by the Mortgage as he is named only in his administrative capacity. Zucker, Goldberg & Ackerman, LLC 062 -PA -V4 16. 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 $107,710.20 with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Dated: 0 , ZUCKER, GOLDBERG & ACKERMAN, LLC BY.: 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-184870/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 WILL BE USED FOR THAT PURPOSE. Zucker, Goldberg & Ackerman, LLC 062 -PA -V4 EXHIBIT A Zucker, Goldberg & Ackerman, LLC 062 -PA -V4 1 NOTE NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. April 14, 2003 Trevose [Dale) [City] 1841 Creekview Drive ,New Cumberland ,PA 17070 [Property Addressl Pennsylvania [State] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $111, 569.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is Cardinal Financial Company, Ltd. Partnership I will make all payments under this Note in the form of cash, check or money order. 1 understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. 1 will pay interest at a yearly rate of 5.7500 %. The interest rate required by this Section 2 is the rate 1 will pay both before and after 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 1st day of each month beginning on June 1, 2003 .1 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 May 1, 2033 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at 355 East Street Road, Trevose, PA 19053 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 651.09 4. BORROWER'S RIGHT TO PREPAY The Borrower shalt have the right to prepay at any time, without premium or fee, 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 Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Amended for Veterans Affairs Form 3200 1/01 Ci -5G I0005►.ot Amended 8/00 VMP MORTGAGE FORMS - 18001E27-7291 Pape 1 o1 3 MW 05/00.02 initials: 1 1 1 1 1 ue 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 10 be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me, The Note Holder may choose to make this refund by reducing the Principal I owe under this Nole or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder bas not received the full amount of any monthly payment by the end of after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be my overdue payment. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. 15 calendar days 4.0000 % of (C) Notice of Default If 1 am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses if the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. 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 mall to the Note Holder at the address stated in Section 3(A) above or at a different address if 1 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.:endorscr. of this Note is also obligated to+tio 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 proinisesmade 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 I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice.of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 100061.01 Pepe 2 of 3 .4 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 suppemlenttthe covenants of this Note as if the allonge were a part of this Note. [Check applicable box] 3 , ; .1•I�.g, 3trr El Graduated Payment Allonge ri Other [Specify] El Other [Specify] , t``•t 11. UNIFORM SECURED NOTE '-" L,,. �.. , This Note is a uniform instrument with limited variations in some jurisdictions. In additiomtotthe protections'giveti'to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which l make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Regulations (38 CAR. Part 36) issued under the Department of Veterans Affairs ("VA") Guaranteed Loan Authority (38.U.S,C...chapter 37) and in effect on the date of loan closing shall govern the rights, duties and liabilities of the panes to this loan and any provisions of this Note which are inconsistent with such regulations are hereby amended and supplemented to conform thereto. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. Barbara A. Potter (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower - 50 aoosi.o+ •Borrower C!ITROhIT RECOURSE PAY TO THE ORM OP 14WE 'fAilee OME'MORTGAGE, INC, (Sign Original Only] 14th ok #NS$r. DAY OF.... ,., , 249.3. Ch LP pTh1• F+Narri kt-. ecr,'ipAr!'1 4TD • ? "rArEAsthp "^hM*,>, �W't'R�17;b72:a.Ri,�g3,`t�fl'=""': s • 'l'.;,. V _ ,- President I de Mgt Marie LaPorte st. Secretary Page 3 0l 3 Form 3200 1101 WITHOUT RECOURSE PAY TO THE ORDER OF WELLS FARQO HOME MORTGAGE, INC. 8.Y y -Sha Vice Neel 01, Loan Doc' enIation „ ,. • 3,A01-1 C EXHIBIT B Zucker, Goldberg & Ackerman,11C 062 -PA -V4 FthSLAM:kali Tide Insurance Company Best Image Pciiiibg NUM SCUD= C ALL MAT CERTAIN kagt or pi1 f 1104 ante i Tomb* of Lower Allon, County of Ctmsborlarid and Commonwealth of Pennsylvania, mans partkolary binnuied and desorthed fame, ea wit: BPOINNING it a poim on theamitherly line of Creek 'View Drive at the comer of Lot No, 6 of the hereinafter mentioned. Mao of Low thence by tbe south.* lino of Creak VIP/ Driva by it carve to the right hewing a radius of 180 feet, an are distance of 27.16 het to a point el the comer of Lit No. 4 of the hereinafter triandaeld Plan of Los; thence by Lot No. 4 North SP km= 30 minutes CO monde West, distal's= of 154.31 het to a point at land now or lin of Drool Hills; therm by loul now or late of Drool Hill South 24 depot 42 minutes West, it Mum �12666 feet tO a point. at the cornea. of Ida No. 6 of the hereinafter oiltaitted Pien of Lots; thence by tot No. f Soil* 39 degre4110 Minute& 00 icon& East, II distance of 134,42 feat to a point on the southerly ilts of Creek View Drivo, the place of 1333INNINQ. BEING Lot No. 5 of the Final Subdivides Plan for Phew 1, Beacon UIU %law of Creekilds, recorded in Cumberland County Plan Book 50, me 119, SENO THE LAM PRZWISPAS Wet &elm S. Chaim and Sults I, thelop, aOd with, and Patrkit Williamson. ferzerly Patricia A, Cie* and Stephan L, Williamson, husband ind wIfe, by deed detsd Alto 29, WO sod recorded /illy 10, 2000 in the gimmter's Chile in and for Cumbedend County, PA, In Rant.floolt 22-5, Paso 14, gritted and reOtiveyea onto gerbert H. Pottormil Barbara A, Potter, hush/Mixt Ch. PA -3 / 0 r EXHIBIT C 062 -PA -V4 Zucker, Goldberg & Ackerman, LLC •.4 HOME MORTGAGE Welk Fargo Home Mortgage MAC X7801 -03K 3476 Stateview Boulevard FortMill SC 29715 LOAN MODIFICATION Anyvv.m.,,,,,, LOAN NUMBER: °— PROPERTY ADL--.. iew Drive New Cumberland PA 17070 THIS LOAN MODIFICATION AGREEMENT ("Agreement"), made on July 07, 2010, by and between Barbara A Potter and and (the "Borrower(s)") and Wells Fargo Bank, N A (the "Lender", togehter with the Borrower(s), the "Parties"). WITNESSETH WHEREAS, Borrower has requested and Lender has agreed, subject, to the following terms and conditions, to a loan modification as follows: NOW THEREFORE, in consideration of the covenants hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Parties, it is agreed as follows (notwithstanding anything to the contrary in the Note and Security Instrument dated 04/14/2003.) 1. BALANCE. As of July 07, 2010, the amount payable under the Note and Security Instrument (the "Unpaid Principal Balance") is U.S. $ 100,414.41. 2. EXTENSION. This Agreement hereby modifies the following terms of the Note and Security Instrument described herein above as follows: A. The current contractual due date has been extended from 01-01-10 to 09/01/2010. The first modified contractual due date is on 09/01/2010. B. The maturity date has been extended from 05-33 (month/year) to 08/01/2040. C. The amount of interest to be included (capitalized) will be U.S. $ 3,849.20. The amount of the Escrow Advance to be capitalized will be U.S. $1,438.66. The amount of Recoverable Expenses* to be capitalized will be U.S. $0.00. The modified Unpaid Principal Balance is U.S. $ 105,702.27. * Recoverable Expenses may include, but are not limited to: Title; Attorney fees/costs, BPO/Appraisal, and/or Property Preservation/ Property Inspections D. The Borrower(s) promises to pay the Unpaid Principal Balance plus interest, to the order of the Lender. Interest will be charged on the Unpaid Principal Balance of U.S. $ 105,702.27. The Borrower(s) promises to make monthly payments of principal and interest of U.S. $ 535.58, at a yearly rate of 4.500, not including any escrow deposit, if applicable. If on the maturity date the Borrower(s) still owes an amount under the Note and Security Instrument, as amended by this Agreement; Borrower(s) will pay this amount in full, on the maturity date. LM521/B1K/1 Wells Fargo Horne Mortgage Is p division of Wells Fargo Bank, N.A. WELLS FARGO HOME MORTGAGE Wells Fargo Home Mortgage MAC X7801 -03K 3476 Stateview Boulevard Fort Mill, 5C 29715 3, NOTE AND SECURITY INSTRUMENT. Nothing in this Agreement shall be understood or consts:ued to be a satisfaction or release, in whole or in part of the Borrower's obligations under the Note or Security Instrument. Further, except as otherwise specifically provided in this Agreement, the Note and Security Instrument will remain unchanged, and Borrower and Lender will be bound by, and shall comply with, all of the terms and provisions thereof, as amended by this Agreement. 4. The.undersigned Borrower(s) acknowledge receipt and acceptance of the Loan Modification Settlement Statement. Borrower(s) agree with the - information disclosed in and understand that I/we am/are responsible for payment of any outstanding balances outlined in the Loan Modification Settlement. 5. The undersigned Borrower(s) acknowledge receipt and acceptance of the Borrower Acknowledgements, Agreements, and Disclosures Document (BARD). 6. If included, the undersigned Borrower(s) acknowledge receipt and acceptance of the Truth in Lending statement. 7. If included, the undersigned Borrower(s) acknowledge receipt and acceptance of the Special Flood Hazard Area (SFHA). 8. That (he/she/they) (is/are) the Borrower(s) on the above -referenced Mortgage Loan. serviced by Wells Fargo Bank, N A. That (he/she/they) have experienced a financial hardship or change in financial circumstances since the origination of (his/her/their) Mortgage Loan. That' (he/she/they) did not intentionally or purposefully default on the Mortgage Loan in order to obtain a loan modification, LM521/B1K/2 Wells Fargo Home Mortgage is a division of Wells Fargo Bank, N.A. WELLS FAR,GO it HOME MORTGAGE Wells Fargo Home Mortgage MAC X7BO1-03K 3476 Stateview Boulevard Fort Mill, SC 29715 CORRECTION AGREEMENT. The undersigned borrower(s), for and in consideration of the approval, closing and funding of this Modification, hereby grants Wells Fargo Bank, N A, as lender, limited power of attorney to correct and/or initial all typographical or clerical errors discovered in the Modification Agreement required to be signed. In the event this limited power of attorney is exercised, the undersigned will be notified and receive a copy of the document executed or initialed on their behalf. This provision may not be used to modify the interest rate, modify the term, modify the outstanding principal balance or modify the undersigned's monthly principal and interest payments as modified by this agreement. Any of these specified changes must be executed directly by the undersigned. This limited power of attorney shall automatically terminate in 120 d y fr the closing date of the undersigned's Modification. (Borrower(s) initial) IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as the date first above written. By signing this Agreement I hereby consent to being contacted concerning this loan at any_cellular or mobile telephone number I may have. This includes text messages and telephone calls including•the•use of ' automated dialing systems to contact my cellular or mobile telephone. You will not be billed by your cellular or mobile carrier for any text 'messages you may receive from Wells Fargo, however, any calls we place to your cellular or mobile phone will incur normal airtime charges assessed by your mobile carrier.. 1Dated .as of this ___ day of cydeutAt, 67zrib,%) Barbara A Potter Signature Signature Name: Its: Ciit 2-- argo Bank, N A Halimo Y. Adem VP of Loan Documentation LM527/B1K/3 /0 Signature Signature Wells Fargo Home Mortgage is a division of Wells Fargo Bank, N.A. ,VERIFICATION Nathaniel Orendain, hereby states that she is Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff in this matter, that./ 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 ✓ lier 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: Nathaniel Title: Vice Presi an. Documentation Company: Wells Fargo Bank, N.A. Date: 06/26/2014 086 -PA -V2 File#: 184870 UN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Welis Fargo Bank, N.A. successor by merger to Welis Fargo Home Mortgage,Inc., VS. Barbara A. Potter; TO: DEFENDANT ¥OU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPIAINT WITHIN IWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULTJUDGMENT MAY BE ENTERED AGAINST YOU, | HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 34mostate"/ewBlvd. Ft. Mol, Sc 29715 AND THE DEFENDANT: 1841 Creekview Drive New Cumberland, PA 170702210 CERTIFICATE OF LOCATION HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 1841 Creekview Drive, New Cumberland PA 17070-2210 Municipality: Lower Allen ATTORNEY FOR PLAINTIFF ATTY FILE NO.: XVP 184870 CIVIL DIVISION NO.: 144328-C&1L TYPE OF PLEADING CIVIL ACTION - AMENDED COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: WelIs Fargo Bank, N.A. successor by merger to Welis Fargo HomeMortgage, Inc. 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 ]odA.Ackerman, Esquire- PaLD. #2O2729 Ashleigh Levy Marin, Esquire- Pa LD. #306799 Ralph M. Salvia, Esquire- Pa LD. #202946 Jaime R. Ackerman, Esquire- Pa LD. #311032 Jana Fridfinnsdottir, Esquire- Pa I.D. #315944 Brian Nicholas, Esquire- Pa LD. #317240 Denise Carlon, Esquire- PaLD. #317226 Roger Fay, Esquire; PA I.D. #315987 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500 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. UN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. successor by merger to CIVIL DIVISION Wells Fargo Home Mortgage, Inc. VS. Barbara A. Potter; Plaintiff, Defendant. NO.: 14 -4328 -CIVIL NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the foliowing pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personaily 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 comptaint 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 Cumberland County Bar Association 325. Bedford Stree Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 LAWYER REFERRAL Cumberiand 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 CIVIL DIVISION Wells Fargo Home Mortgage, Inc. VS. Barbara A. Potter; Plaintiff, Defendant. AVISO NO.: 14 -4328 -CIVIL USTED HA SIDO DEMANE000RTE.Siusted deseadefendersedekaden1andaestablecidaen las siguientes paginas, debe tomar accidn dentro de los prdxnlos veinte /20\ dias despues de |a notificaciOndeesiaDernandayAvisonespondiendopersona|mnenteopqrnned|odeunabogadouna comparecencia esc rita y nadicando en |a Corte por escrito sus defensas y objeciones a las demandas establecidas en su contra. Se le advierte de que ai usted fa||a en tomar accion como se describe anteriormente, el caso puede proceder sin usted sin previo aviso y un fa||o por cualquier su/a de dinero reclamada en |a demanda 0 cua |quier otra rec|amnaddn o remedio solicitado por el demandante, puede ser dictado en contra suva por |a Corte. Usted puede perder dinero o propiedadesuotrosderechosinnporiantesparausted. USTEDDEBELLEVARESTEDOCUN1ENTOASUA8(}GADO|NyNED|AFAyWENTE.S}USTEDNC}T|ENEUN 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 Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 LAWYER REFERRAL Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 UN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Welis Fargo Bank, N.A. successor by merger to Welis Fargo Home Mortgage,Inc. 3476 Stateview Blvd. Ft. Mill, SC 29715 Plaintiff, vs: Barbara A. Potter 1841 Creekview Drive New Cumberland, PA 17070-2210; CIVIL DIVISION NO.: 14 -4328 -CIVIL CIVIL ACTION - AMENDED COMPLAINT IN MORTGAGE FORECLOSURE And now comes Wells Fargo Bank, N;A. successor by merger to Welis Fargo Home Mortgage, Inc., by its attorneysZucker, Goldberg & Ackerman, LLC, and files this Amended Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Wells Fargo Bank, N.A. successor by merger to Wells Fargo Home Mortgage, |nc.,347GStateviexv8lvd~ Ft. Mill, SC Z9715(hereinafter "p|aintiff'). 2. The Defendant(s) is/are Barbara A. Potter, with a last known address of 1841 Creekview Drive, New Cumberland, PA 17070-2210. 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 amended complaint. 4. Wells Fargo Bank, N.A. successor by merger to Wells Fargo Home Mortgage, Inc., directly or through an agent, has possession of the Promissory Note. Wells Fargo Bank, N.A. successor by merger to Wells Fargo Home Mortgage, Inc. 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. S. On or about April 14, 2003, Barbara A. Potter made, executed and delivered to Cardinal Financial Company, Ltd. Partnership a Mortgage in the original principal amount of $111,569.00 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 Zucker, Goldberg & Ackerman, LLC 062 -PA -VS Cumberland County onApril 2S,2003 in Mortgage Book\Volume 1807, Page 4678. The mortgage is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019/Qi which rule relieves the Plaintiff fromits obligation to attach documents to pleadings if those documents are of public record. 6. The aforesaid Note and/or Mortgage was modified pursuant to a Loan Modification Agreement dated July 7, 2010. A copy of said Modification Agreement is marked Exhibit C, attached hereto and made a part hereof 7. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded April 25, 2003, the mortgage was assigned to Wells Fargo Home Mortgage, Inc., which assignment is recorded in the Office of the Recorder of Deeds for Cumberland County in Assignment Book 696, Page 3115. The Assignment is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintifffrom its obligation to attach documents to pleadings if those documents are of public record. 8. Defendants Herbert H. Potter and Barbara A. Potter, husband and wife, were the record and real owners of the aforesaid mortgaged premises. Upon the death of Herbert Potter, alt his right, title and interest in the aforesaid mortgaged premises vested to his wife, Barbara Ann Potter, by operation of law. 9. Defendants are in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the instatlments of principal and interest due July 1, 2013. Zucker, Goldberg & Ackermari, LLC 062 -PA -V5 10. As of 10/the amount due and owing Plaintiff on the mortgage is as foliows: Principal $100,752.15 Interest $6,243,86 From 07/01/2013 to 10/17/2014 Late Charges $455.67 Escrow Advance S3,044.36 Property Inspections $90.00 Property Preservation $0.00 BPO/Appraisals $0.00 Escrow Balance $0.00 Corporate Advance Creciit $0.00 Total $110\586.04 plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania Law, actually and reasonably incurred by Plaintiff, including but not limited to, costs (including escrow advances) and Plaintiffs attorneys' fees and expenses. PIaintiff reserves the right to file a motion in the above -captioned action to add such additional sums authorized under the Mortgage and Pennsylvania Law to the above amount due and owing when incurred. 11. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s). 12. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. \fDefendant(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. Zucker, Goldberg & Ackerman, LLC WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $110,586,04 with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. BY: ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. DietterickEsquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA LD. #89706 Joei A. Ackerman, Esquire; PA|.D.#ZU272S Ashleigh 1. Marin, Esquire; PA LD. #306799 Ralph K4.Salvia, Esquire; PAiD.#2U294G Jaime R. Ackerman, Esquire; PA I.D. #311032 Jana Fridfinnsdottir, Esquire; PA I.D. #315944 Brian Nicholas, Esquire; PA I.D. #317240 Denise Canon, Esquire; PA I.D. #317226 Roger Fay, Esquire; PALD. #315987 Attorneys for Plaintiff XVP'184870/se-pa 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, Zucker, Goldberg & Ackerman, LLC 062 -PA -V5 41, TE orr- rn` NOTE NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. April 14, 2003 [Date] Trevose [City] 1841 Creekview Drive ,New Cumberland ,PA 17070 [Property Address] Pennsylvania [State] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $111,569.00 (this amount is called 'Principal"), plus interest, to the order of the Lender. The Lender is Cardi nal Financial Company, Ltd . Partnershi p 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 takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 5.7500 %. The interest rate required by this Section 2 is the rate I will pay both before and after 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 1st day of each month beginning on June 1, 2003 , .1 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 May 1, 2033 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." 1 will make my monthly payments at 355 East Street Road, Trevose, PA 19053 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 651.09 4. BORROWER'S RIGHT TO PREPAY The Borrower shall have the right to prepay at any time, without premium or fee, the entire indebtedness or any pan 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 trade 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. A MULTISTATE FIXED RATE NOTE -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Amended for Veterans Affairs Form 3200 1/01 eak-5G t000s►.o1 Amended 6/00 VMP MORTGAGE FORMS - (800152, -7 29 1 Page 1 et 3 MW 05/00.02 Initials: iu i 11 1 1 1 11 S. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 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 4.0000 % of my overdue payment. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If 1 am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if € am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. '7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. 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 mail to the Note Holder at the address stated in Section 3(A) above or at a different address if 1 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 Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. �a. 111111.11111. C>� 5G 10005).01 Page 2 of 3 1 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 supplementtthe covenants of this Note as if the allonge were a part of this Note. [Check applicable box] 1, , .1 it , ii.# r Graduated Payment Allonge 11. UNIFORM SECURED NOTE Other [Specify] Other [Specify] •;v\ S�.,T .•, tel•: This Note is a uniform instrument with limited variations in some jurisdictions. In addition'to the protections''given'to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make -immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Regulations (38 C.F.R. Part 36) issued under the Department of Veterans Affairs ("VA") Guaranteed Loan Authority (38 U.S.C. Chapter 37) and in effect on the date of loan closing shall govern the rights, duties and liabilities of the parties to this loan and any provisions of this Note which are inconsistent with such regulations are hereby amended and supplemented to conform thereto. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. Barbara A. Potter (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower VIITHOIIT RECOURSE PAY TO THE Of10 0f WEIVAlit3erHOMEMORTGAGE, INC. E*r 1141 i..�- 4th DAY CP. : P. J.... 2.0921. thigh r rt. Fw arcs. i m.. ec.-nAR+i� L D? i ri r ►' 1 p 'U r" _'e�,c "'!.'4`,.'.'�xf"•.} .l'b`7?'yV7.7►; ti:. ri.''ukv"rs:iS:_�•IzZt.4f,V,9.';....'.'.` St .ra;I Pacani �s 4j President -Borrower [Sign Original Only] turraa Marie LaPorte CD 5G t000e).oi st. Secretary Page 3 of 3 Form 3200 1101 WITHOUT RECOURSE PAY TO THE ORDER OF WELLS FARGO HOME MORTGAGE, INC. Sy 124"dn Ur y Shar Vice President, Loan Documentation 3MO'ri aJi3W • As arty Tide Insurance Company Best Image Passible NUMB l Rt S3SAS SCHEDULE C ALL THAT CERTAIN tract or petted of Ind actuate in tic Towaehtp of (ower Allen, County of Cumberland and Commonwealth of Pennsylvania, moss particularly bounded wd described a follows, to wit BEGINNING ata point on the southerly tins of Cwt View Drive at the corner of Lot No. 6 of the hereinafter mentioned Plan of Lots; thence by the southerly line of Creek View Drive by a wave to the right having a radius of 180 fest, an are distance of 27,18 feat to a point st the corner of Lot No. 4 of the hereinafter =dented Plan of Lots; thence by Les No, 4 North 39 donees 30 =ate; 03 eerauds West, n dIstaatce of 154.31 feet to a point it land now or Cage of Drexel Hills; tisane by land now or tate of Drexel Hilts South 24 degrees 42.tnirnutes West, a distance et 26,66 feet to a point at the corner of Lot No. 6 of the hereinafter mentioned Plan of Late; thence by Lot No, 6 South 39 degrees 30 minutia 00 seoonds East, a distenca of 134.42 fret to a point an the Bond:curly lune of CI** View Drive, the place of B GINNING. BEING Lot No, 5 of the Final Subdivision Pian for Phase 1, Emma Hill Vitliege of Creekaids, recorded In Cumberland Court Pisrt Book 50, pap 113. BE/NO ME SAME PREMISES which Gregory S. Cheli<p and Swan J, chelap, hueband and wife, and Patricia A. Williamson, formerly Patricia A, C elep and Stan L. wiltiatt fan, husband and wife, by deed dated June 24, 2000 end recorded July 10, 2000 in the *murder's Ot oo in and for Cumberland d County, PA, in Record Book 226, Page 14, granted and convoyed unto Harbert 14. Potter nand Barbara A, Potter, husband and wife. PA -3 l Pt; S 1��' WELLS FARGO HOME MORTGAGE Wells Fargo Home Mortgage MAC X7801 -03K 3476 Stateview Boulevard Fort Mill, SC 29715 LOAN MODIFICATION AGREEMENT LOAN NUMBER: PROPERTY ADDRESS 1841 Creekview Drive New Cumberland PA 17070 THIS LOAN MODIFICATION AGREEMENT ("Agreement"), made on July 07, 2010, by and between Barbara A Potter and and (the "Borrower(s)") and Wells Fargo Bank, N A (the "Lender", togehter with the Borrower(s), the "Parties"). WITNESSETH WHEREAS, Borrower has requested and Lender has agreed, subject to the following terms and conditions, to a loan modification as follows: NOW THEREFORE, in consideration of the covenants hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Parties, it is agreed as follows (notwithstanding anything to the contrary in the Note and Security Instrument dated 04/14/2003.) 1. BALANCE. As of July 07, 2010, the amount payable under the Note and Security Instrument (the "Unpaid Principal Balance") is U.S. $ 100,414.41. 2. EXTENSION. This Agreement hereby modifies the following terms of the Note and Security Instrument described herein above as follows: A. The current contractual due date has been extended from 01-01-10 to 09/01/2010. The first modified contractual due date is on 09/01/2010. B. The maturity date has been extended from 05-33 (month/year) to 08/01/2040. C. The amount of interest to be included (capitalized) will be U.S. $ 3,849.20. The amount of the Escrow Advance to be capitalized will be U.S. $1,438.66. The amount of Recoverable Expenses* to be capitalized will be U.S. $0.00. The modified Unpaid Principal Balance is U.S. $ 105,702.27. * Recoverable Expenses may include, but are not limited to: Title, Attorney fees/costs, BPO/Appraisal, and/or Property Preservation/ Property Inspections D. The Borrower(s) promises to pay the Unpaid Principal Balance plus interest, to the order of the Lender. Interest will be charged on the Unpaid Principal Balance of U.S. $ 105,702.27. The Borrower(s) promises to make monthly payments of principal and interest of U.S. $ 535.58,, at a yearly rate of 4.500, not including any escrow deposit, if applicable. If on the maturity date the Borrower(s) still owes an amount under the Note and Security Instrument, as amended by this Agreement; Borrower(s) will pay this amount in full on the maturity date. LM521/B1K/1 Wells Fargo Home Mortgage is a division of Wells Fargo Bank, N.A. WELLS FARGO HOME MORTGAGE Wells Fargo Home Mortgage MAC X7801 -03K 3476 Stateview Boulevard Fort Mill, SC 29715 3, NOTE AND SECURITY INSTRUMENT. Nothing in this Agreement shall be understood or construed to be a satisfaction or release, in whole or in part of the Borrower' S obligations under the Note or Security Instrument. Further, except as otherwise specifically provided in this Agreement, the Note and Security Instrument will remain unchanged, and Borrower and Lender will be bound by, and shall comply with, all of the terms and provisions thereof, as amended by this Agreement. 4. The undersigned Borrower(s) acknowledge receipt and acceptance of the Loan Modification Settlement Statement. Borrower(s) agree with the information disclosed in and understand that I/we am/are responsible for payment of any outstanding balances outlined in the Loan Modification Settlement. 5. The undersigned. Borrower(s) acknowledge receipt and acceptance of the Borrower Acknowledgements, Agreements, and Disclosures Document (BAAD). 6. If included, the undersigned Borrower(s) acknowledge receipt and acceptance of the Truth in Lending statement. 7. If included, the undersigned Borrower(s) acknowledge receipt and acceptance of the Special Flood Hazard Area (SFHA). 8. That (he/she/they) (is/are) the Borrower(s) on the above -referenced Mortgage Loan serviced by Wells Fargo Bank, N A. That (he/she/they) have experienced a financial hardship or change in financial circumstances since the origination of (his/her/their) Mortgage Loan. That' (he/she/they) did not intentionally or purposefully default on the Mortgage Loan in order to obtain a loan modification. LM521/B1K/2 Wells Fargo Home Mortgage is a division of Wells Fargo Bank, NA. WELLS FARGO HOME MORTGAGE Wells Fargo Horne Mortgage MAC X7801 -03K 3476 Stateview Boulevard Fort Mill, SC 29715 CORRECTION AGREEMENT. The undersigned borrower(s), for and in consideration of the approval, closing and funding of this Modification, hereby grants Wells Fargo Bank, N A, as lender, limited power of attorney to correct and/or initial all typographical or clerical errors discovered in the Modification .Agreement required to be signed. In the event this limited power of attorney is exercised, the undersigned will be notified and receive a copy of the document executed or initialed on their behalf. This provision may not •be used to modify the interest rate, modify the term, modify the outstanding principal balance or modify the undersigned's monthly principal and interest payments as modified by this agreement. Any of these specified changes must be executed directly by the undersigned. This limited power of attorney shall automatically terminate in 120 d y fr the closing date of the undersigned's Modification. Borrower(s) initial) • IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as the date first above written. By signing this Agreement I hereby consent to being contacted concerning this loan at any cellular or mobile telephone number I may have. This includes text irtessages and telephone calls including the use of automated dialing systems to contact my cellular or mobile telephone. You will not be billed by your cellular or mobile carrier for any text messages you may receive from Wells Fargo, however, any calls we place. to your cellular or mobile phone will. incur normal airtime charges assessed by your mobile carrier. Dated as of this A57 day of Ce-kietkit- Barbara A Potter Signature Signature Name: Its: a go Bank, N A Haii!no Y. Adem VP of Loan Documentation LM527/B1K/3 Signature Signature Wells Fargo Home Mortgage is a division of Wells Fargo Bank, N.A. VERIFICATION- AMENDED Jasmin McLean, hereby states that he s Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff in this matter, that he s authorized to make this Verification, and verify that the statements made in the foregoing Amended Civil Action in Mortgage Foreclosure are true and correct to the best of his nformation 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. Jasmin McLean Title: Vice President Loan Documentation Company: Wells Fargo Bank, N.A. Date: 10/20/2014 086 -PA -V2 File # 184870 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. successor by merger to CIVIL DIVISION Wells Fargo Home Mortgage, Inc. vs. Barbara A. Potter; Plaintiff, Defendant. NO.: 14 -4328 -CIVIL CERTIFICATE OF SERVICE The undersigned hereby certifies that a tr - and correct copy of the Motion for Leave to Amend Complaint was served on the following this of October, 2014, via First Class U.S. Mail, Postage Pre -Paid: Barbara A. Potter 1841 Creekview Drive, New Cumberland, PA 17070 4KIERAiGO7ILDBERfG : ACK<<R �' Y 1 ott A. D rtterick,quire- Atty I. ' .#55650 mberly A. Bonner, Esquire - At t I.D.#89705 oel A. Ackerman, Esquire- Atty I.D. #202729 Ashleigh Levy Marin, Esquire- Atty I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 Jana Fridfinnsdottir, Esquire; PA I.D. #315944 Brian Nicholas, Esquire- PA I.D. #317240 Denise Carlon, Esquire- PA I.D. #317226 Roger Fay, Esquire- PA I.D. #315987 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. successor by merger to CIVIL DIVISION Wells Fargo Home Mortgage, Inc. vs. Barbara A. Potter; Plaintiff, Defendant. NO.: 14 -4328 -CIVIL ORDER OF COURT AND NOW, this '/' day of , 201'/ , upon review of the Plaintiff's Motion for Leave to Amend Complaint, and Defendant subsequent response, if any, IT IS HEREBY ORDERED that Plaintiff's Motion is GRANTED. Plaintiff is permitted to file an Amended Complaint in the same form as attached to its Motion as Exhibit "B." es Pala.. 3 •.. xi'cgli>uxiScd11i2 i/yfry BY THE COURT: