HomeMy WebLinkAbout14-6264 Supreme Court of Pennsylvania
Common Pleas
V.II`COY'1'F eet For Prothonotary Use Only:
ClI1I111B R ND ;r County Docket No:
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service of pleadings or other papers as required by law or rules of court.
Commencement of Action:
S ® Complaint ❑ Writ of Summons ❑ Petition
❑ Transfer from Another Jurisdiction ❑ Declaration of Taking
E Lead Plaintiffs Name: The Bank of New York Mellon Corporation Lead Defendant's Name: Wendy E.Straub
C as Trustee for Specialty Underwriting and Residential Finance Trust,
Series 2005-BC4
T
Are money damages requested?: ❑Yes ® No Dollar Amount Requested: within arbitration limits
I (Check one) —"
X outside arbitration limits
N Is this a Class Action Suit? ElYes ® No Is this an MDJ Appeal? El Yes ® No
Name of Plaintiff/Appellant's Attorney: Scott A.Dietterick,Esq.c/o Zucker,Goldberg&Ackerman,LLC
� A
❑ Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant)
Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your
PRIMARY CASE.If you are making more than one type of claim,check the one that
you consider most important.
TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS
❑ Intentional ❑ Buyer Plaintiff Administrative Agencies
❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment
❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections
❑ Nuisance ❑ Dept.of Transportation
❑ Premises Liability ❑ Statutory Appeal: Other
S
El Product Liability(does not include
mass tort) ❑ Employment Dispute:
E ❑ Slander/Libel/Defamation Discrimination
❑ Other: ❑ Employment Dispute: Other
C ❑ Zoning Board
T
❑ Other:
I MASS TORT ❑ Other:
O
El Asbestos
❑ Tobacco
N ❑ Toxic Tort-DES
❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
ElToxic Waste
El Other: F1 Ejectment El Common Law/Statutory Arbitration
❑ Eminent Domain/Condemnation ❑ Declaratory Judgment
B
F] Ground Rent ❑ Mandamus
❑ Landlord/Tenant Dispute ❑ Non-Domestic Relations
PROFESSIONAL LIABILITY ® Mortgage Foreclosure:Residential Restraining Order
❑ Mortgage Foreclosure:Commercial ❑ Quo Warranto
❑ Dental ❑ Partition
❑ Replevin
❑ Legal ❑ Quiet Title ❑ Other:
❑ Medical ❑ Other:
❑ Other Professional:
Updated 1/1//2011
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
THE BANK OF NEW YORK MELLON CIVIL DIVISION c
CORPORATION AS TRUSTEE FOR SPECIALTY _
UNDERWRITING AND RESIDENTIAL FINANCE NO.: -�-
TRUST,SERIES 2005-BC4,
TYPE OF PLEADING '
C
Plaintiff, --{C?
VS. CIVIL ACTION -COMPLAINT `='
IN MORTGAGE FORECLOSURE
Wendy E. Straub; Brett Straub; g
FILED ON BEHALF OF:
Defendants.
The Bank of New York Mellon Corporation as
TO: DEFENDANTS Trustee for Specialty Underwriting and
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE
ENCLOSED COMPLAINT WITHIN TWENTY(20)DAYS Residential Finance Trust,Series 2005-BC4
FROM SERVICE HEREOF ORA DEFAULT JUDGMENT MAY BE Plaintiff
ENTERED AGAINST YOU.
HEREBY CERTIFY THAT THE ADDRESS COUNSEL OF RECORD FOR THIS PARTY:
OF THE PLAINTIFF IS:
350 Highland Drive ZUCKER,GOLDBERG&ACKERMAN, LLC
Lewisville,TX 75067
Scott A. Dietterick, Esquire-Pa. I.D.#55650
AND THE DEFENDANT: Kimberly A. Bonner, Esquire- Pa. I.D.#89705
513 3rd Street Joel A.Ackerman, Esquire-Pa I.D.#202729
Enola,PA 17025 Ashleigh Levy Marin, Esquire-Pa I.D.#306799
Ralph M.Salvia, Esquire-Pa I.D.#202946
Jaime R.Ackerman, Esquire- Pa I.D.#311032
CERTIFICATE TI LOCATION Jana Fridfinnsdottir, Esquire-Pa I.D.#315944
I HEREBY CERTIFY THAT THE LOCATI 0 q
THE REAL ESTATE AFFECTED BY THIS IENIS Brian Nicholas, Esquire-Pa I.D.#317240
1513 3rd Street(a/k/a5133r et Enola PA 17025 Denise Carlon, Esquire-Pa I.D.#317226
4ATTORN
lity: West Fairvie
Roger Fay, Esquire; PA I.D.#315987
200 Sheffield Street,Suite 101
RPLAINTIFF Mountainside, NJ 07092
ATTY ILE NO.:XCP 186507 (908) 233-8500 .
Atty File No.: XCP-186507
75p �
s
a
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
The Bank of New York Mellon Corporation as CIVIL DIVISION
Trustee for Specialty Underwriting and _
Residential Finance Trust, Series 2005-BC4 NO.:
Plaintiff, !y
VS.
Wendy E. Straub; Brett Straub;
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
The Bank of New York Mellon Corporation as CIVIL DIVISION
Trustee for Specialty Underwriting and
Residential Finance Trust, Series 2005-BC4 NO.:
Plaintiff,
vs.
Wendy E. Straub; Brett Straub;
Defendants.
AVISO
LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de la demanda establecida en
las siguientes paginas, debe tomar accion dentro de los prdximos veinte (20) dias despues 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 Iquier otra reclamacion o remedio solicitado por el
demandante, puede ser dictado en contra suva por la Corte. Listed puede perder dinero o
propiedades u otros derechos importantes para usted.
LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN
ABOGADO 0 NO PUEDE PAGAR LINO, LLAME 0 VAVA A LA SIGUEINTE OFICINA PARA AVERIGUAR
DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL.
NOTICE TO DEFEND&LAWYER REFERRAL SERVICE
NOTICE TO DEFEND LAWYER REFERRAL
Cumberland County Bar Association Cumberland County Bar Association
32 S. Bedford Street 32 S. Bedford Street
Carlisle, PA 17013 Carlisle, PA 17013
Phone (800) 990-9108 Phone (800) 990-9108
(717) 249-3166 (717)249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
The Bank of New York Mellon Corporation as CIVIL DIVISION
Trustee for Specialty Underwriting and
Residential Finance Trust,Series 2005-BC4 NO.:
Plaintiff,
vs.
Wendy E. Straub, Brett Straub;
Defendants.
CIVIL ACTION -COMPLAINT IN MORTGAGE FORECLOSURE
And now comes The Bank of New York Mellon Corporation as Trustee for Specialty
Underwriting and Residential Finance Trust, Series 2005-BC4, by its attorneys,Zucker, Goldberg&
Ackerman, LLC,and files this Complaint in Mortgage Foreclosure as follows:
1. The Plaintiff is The Bank of New York Mellon Corporation as Trustee for Specialty
Underwriting and Residential Finance Trust, Series 2005-BC4, (hereinafter "plaintiff") through its
servicing agent NATIONSTAR MORTGAGE, LLC located at 350 Highland Drive, Lewisville,TX 75067.
2. The Defendant, Wendy E. Straub, is an individual whose last known address is 513
3rd Street, Enola, PA 17025.
3. The Defendant, Brett Straub, is an individual whose last known address is 513 3rd
Street, Enola, PA 17025.
4. The Bank of New York Mellon Corporation as Trustee for Specialty Underwriting and
Residential Finance Trust, Series 2005-BC4, directly or through an agent, has possession of the
Promissory Note. The Bank of New York Mellon Corporation as Trustee for Specialty Underwriting
and Residential Finance Trust, Series 2005-BC4 is either the original payee of the Promissory Note or
the Promissory Note has been duly indorsed. A true and correct copy of said Promissory Note is
marked Exhibit A, attached hereto and made a part hereof.
5. On or about June 28, 2005, Wendy E. Straub and Brett Straub made,.executed and
delivered to Mortgage Electronic Registration Systems, Inc. as nominee for Wilmington Finance, a
division of AIG Federal Savings Bank a Mortgage in the original principal amount of$58,400.00 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
Zucker,Goldberg&Ackerman, LLC
on July 5, 2005, in Mortgage Book\Volume 1913, Page 1850. The mortgage is a matter of public
record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule
relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of
public record.
6. By Assignment of Mortgage recorded December 2, 2011, the mortgage was assigned
to The Bank of New York Mellon FKA The Bank of New York, as Successor Trustee to JPMorgan Chase
Bank, N.A, as trustee for the holders of the MLMI Surf Trust, Mortgage Loan Asset-Backed
Certificates, Series 2005-BC4 which assignment is recorded in the Office of the Recorder of Deeds for
Cumberland County, Instrument #201133533. The Assignment is a matter of public record and is
incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the
Plaintiff from its obligation to attach documents to pleadings if those documents are of public record.
7. Said Assignment of Mortgage is to be recorded to correct the mortgage page
number referenced in the aforementioned assignment.
8. Plaintiff is the current Mortgagee and is in the process of recording an Assignment of
Mortgage.
9. Wendy E. Straub and Brett Straub, her husband are the record and real owners of the
aforesaid mortgaged premises.
10. Defendants are in default under the terms of the aforesaid Mortgage for, inter alia,
failure to pay the monthly installments of principal and interest due July 1,2012.
11. As of 08/25/2014 the amount due and owing Plaintiff by Defendant(s) is as follows:
Principal $53,754.33
Interest from 06/01/2012 through 08/25/2014 $8,324.20
Hazard Insurance $935.00
Property Taxes $2,577.51
Property Inspection $240.00
BPO $300.00
Short Payment $0.44
Forbearance ($50.78)
Total $66,080.70
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
Zucker,Goldberg&Ackerman, LLC
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.
12. 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).
13. 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$66,080.70 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, GOLDBER _C RMLAN,
- r
BY: v/
Dated: 10Ia31 01o1'� S Ott A. Dietterick, Esqui 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
Roger Fay, Esquire; PA I.D.#315987
Attorneys for Plaintiff
XCP-186507/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
EXHIBIT A
Zucker,Goldberg&Ackerman,LLC
f
SEE 'PREPAYMENT RIDER TO NOTE' ATTACHED HERETO AND MADE A PART HEREOF.
ADJUSTABLE RATE NOTE
(LIBOR Index-Rate Caps)
THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND
MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN
CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE 1 MUST PAY.
June 28, 2005 CAMP HILL PENNSYLVANIA
[Date) [City] (State]
513 THIRD STREET
ENOLA. PA 17025
IProperty Address)
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received,I promise to pay U.S.$58.400.00 (this amount is called
"Principal"),plus interest,to the order of the Lender.The Lender is Wilmington Finance. a di vi sion of AIG Federal
Savings Bank
1 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 6.690%.The interest rate 1 will pay may change in accordance with Section 4 of this Note.
The interest rate required by this Section 2 and Section 4 of this Note is the rate 1 will pay both before and after any default
described in Section 7(B)of this Note.
3. PAYMENTS
(A)Time and Place of Payments
1 will pay principal and interest by making a payment every month.
I will make my monthly payments on the first day of each month beginning on August 01, 2005
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 July 01, 2035 ,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 PO Box 209
Plymouth Meeting, PA 19462
or at a different place if required by the Note Holder.
(B)Amount of My Initial Monthly Payments
Each of my initial monthly payments will be in the amount of U.S.$376.46 This amount may change.
(C)Monthly Payment Changes
Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must
pay,The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with
Section 4 of this Note.
WILMINGTON.MODIFIED
MULTISTATE ADJUSTABLE RATE NOTE-LIBOR INDEX-Single Family-Freddie Mac UNIFORM INSTRUMENT Form 3690 1101
t,0-816N 02101
VMP MORTGAGE FORMS-18001821.7281
Pag4 1 of 4 IN4W: �
DOS-FAB
7
4. INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A)Change Dates
The interest rate I will pay may change on the first day of July. 2007 and on that day every sixth
month thereafter.Each date on which my interest rate could change is called a"Change Date."
(B)The Index
Beginning with the first Change Date,my interest rate will be based on an Index.The"Index" is the average of interbank
offered rates for six-month U.S.dollar-denominated deposits in the London market('LIBOR"),as published in The Wall Street
Journal. The most recent Index figure available as of the first business day of the month immediately preceding the month in
which the Change Date occurs is called the"Current Index."
If the Index is no longer available,the Note Holder will choose a new index that is based upon comparable information.The
Note Holder will give me notice of this choice.
(C)Calculation of Changes
Before each Change Date,the Note Holder will calculate my new interest rate by adding
SIX AND 440/1000 percentage points( 6.440%)to the Current Index.The Note Holder will
then round the result of this addition to the nearest one-eighth of one percentage point(0.125%).Subject to the limits stated in
Section 4(D)below,this rounded amount will be my new interest rate until the next Change Date.
The Note Holder will then determine the amount of the monthly payment that.would be sufficient to repay the unpaid
principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal
payments.The result of this calculation will be the new amount of my monthly payment.
(D)Limits on Interest Rate Changes
The interest rate I am required to pay at the first Change Date will not be greater than 9.690%or less
than 6.690%.Thereafter,my interest rate will never be increased or decreased on any single Change Date
by more than one percentage point(1%)from the rate of interest I have been paying for the preceding six months.My interest
rate will never be greater than 12.690%,or less than 6.690%.
(E)Effective Date of Changes
My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment
beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again.
(1)Notice of Changes
The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly
payment before the effective date of any change.The notice will include information required by law to be given to me and also
the title and telephone number of a person who will answer any question I may have regarding the notice.
S. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Principal at any time before they are due.A payment of Principal only is known as a
"Prepayment."When I make a Prepayment,I will tell the Note Holder in writing that I am doing so. 1 may not designate a
payment as a Prepayment if I have not made all the monthly payments due under the Note.
I may make a full Prepayment or partial Prepayments without paying any Prepayment charge.The Note Holder will use my
Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my
Prepayment to the accrued and unpaid interest on the Prepayment amount before applying my Prepayment to reduce the
Principal amount of the Note.If I make a partial Prepayment,there will be no changes in the due dates of my monthly payments
unless the Note Holder agrees in writing to those changes. My partial Prepayment may reduce the amount of my monthly
payments after the first Change Date following my partial Prepayment.However,any reduction due to my partial Prepayment
may be offset by an interest rate increase.
6. LOAN CHARGES
If a law,which applies to this loan and which sets maximum loan charges,is finally interpreted so that the interest or other
loan charges collected or to be collected in connection with this loan exceed the permitted limits,then:(a)any such loan charge
shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from
me which exceeded permitted limits will be refunded to me.The Note Holder may choose to make this refund by reducing the
Principal 1 owe under this Note or by making a direct payment to me.If a refund reduces Principal,the reduction will be treated
as a partial Prepayment.
Form 3,tib9p�101
®816N(0370 p.p•2 of 4 fnNlalsI
oosaAa
' i r
7. BORROWER'S FAILURE TO PAY AS REQUIRED
(A)Late Charges for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 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 5.000%
of my overdue payment of principal and interest.I will pay this late charge promptly but only once on each late payment.
(B)Default
If I do not pay the full amount of each monthly payment on the date it is due,I will be in default.
(C)Notice of Default
If 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 1 am in default,the Note Holder does not require me to pay immediately in full as described above,the
Note Holder will still have the right to do so if I am in default at a later time.
(E)Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay 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.
S. 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
trail to the Note Holder at the address stated in Section 3(A)above or at a different address if I am given a notice of that
different address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note,each person is fully and personally obligated to keep all of the promises[Wade 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.
10.WAIVERS
I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
"Presentment"means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor"means the
right to require the Note Holder to give notice to other persons that amounts due have not been paid.
11.UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the
Note Holder under this Note,a Mortgage,Deed of Trust,or Security 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 that I make in this
Note.That Security Instrument describes how and under what conditions I may be requited to make immediate payment in full
of all amounts i owe under this Note.Some of those conditions are described as follows:
form 90 101
40-a16N 102 10) hp 1 of s arm
COS-FAB
•
Transfer of the Property or a Beneficial Interest in Borrower.If all or any pan of the Property or any Interest
in the Property is sold or transferred(or if Borrower is riot a natural person and a beneficial interest in Borrower is
sold or transferred)without Lender's prior written consent, Lender may require immediate payment in full of all
sums secured by this Security Instrument.However,this option shall not be exercised by Lender if such exercise is
prohibited by Applicable Law. Lender also shall not exercise this option if.(a)Borrower causes to be submitted to
Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the
transferee,and(b)Lender reasonably determines that Lender's security will not be impaired by the loan assumption
and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender.
To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's
consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is
acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in
this Security Instrument.Borrower will continue to be obligated under the Note and this Security Instrument unless
Lender releases Borrower in writing.
If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of
acceleration.The notice shall provide a period of not less than 30 days from the date the notice is given in accordance
with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to
pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security
Instrument without further notice or demand on Borrower.
WITNESS THE HAND(S)AND SEAL(S)OF THE UNDERSIGNED.
l.�Le2, f (seal) (te„
a
NENOY E. SMAB Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
[Sign Original Only]
816N m im P80 4 a 4 Form 3690 1101
DOS-FAR
(Pagel of 1)
ALLONGE TO NOTE
A05052964
Allonge to note dated: 6/28/2005
In Favor of: Wilmington Finance,a division of AIG Federal Savings Bank
And executed by: WENDY E.STRAUB
Property Address: 513 THIRD STREET
ENOLA,PA 17025,
Loan Amount: $58,400.00
Pay to the order of:
without recourse: Wilmington Finance,a division of AIC Federal Savings Bank
By:
Do la yo
'title: Dei ate Signer
EXHIBIT B
Zucker,Goldberg&Ackerman, LLC
Exhibit A
ALL THAT CERTAIN parcel or tract of land
situate in East Pennsboro TownshAp, formerly
the Borough of West Fairview, County of Cumberland
-and State of Pennsylvania, bounded and described
as follows,• to wit:
BB3IIMM at•point on the,out aids of Third Street, 115.0 feet
north of the northeast corer of the intersection of LoM and
Third streets, said point bring opposite, the center o the
partition wall between properties nus. 511 and 515 Third S est;
11
thence 1n m a
easterly direction throoph the center of��.�I`"""""said
Partitial wall and beyond, 3.1 foot,more or Isco, to an �µlor.
thence in a southerly direction along said Allay, i5.o feet t¢¢ He
line of lot No. 45 on the hereinafter amnticoed Plm of :Lots;
thence in a westerly direction along the line of Lot No. 4e,, 711.5
feet,more or loam, to Third street; 'Hence in a norborly
direction along Third street, 15.o feet to a point, the plads.of
BCilM111fi.
MM the southern one-half of lot No. 42 asshown on the P1On of '
Naas Second addition to Nest Fairview which Plan is aootddd in
the Onberland Carty Recorder's Office in Plum Book 1,Wge d4.
1o1v1W TMMH erected the Southern awhalt of a double twq and -
awbaif story froom dwelling house knan as No.513 Third Syreet,
. . West Fairview, Pennsylvania.
T Certify this to be recorded
In Cumberland County pA
Recorder of Deeds
BK 1913PG 1879
VERIFICATION
I, P SUZANNE C CASON ASSISTANT SECRETARY (title), depose and
say subject to the penalties of 18 Pa.C.S.A.,sec.4904 relating to unsworn falsification to authorities that
the facts set forth in the foregoing pleading are true and correct to the best of my information,
knowledge and belief.
By: The Bank of New York Mellon
Corporation as Trustee for Specialty
Underwriting and Residential Finance
Trust,Series 2005-BC4BY Nationstar
,----Mortgage LLC as alto ey i fact
Name:
Title:
File No: 186507
Borrower Name: Wendy E. Straub
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
The Bank of New York Mellon Corporation as CIVIL DIVISION
Trustee for Specialty Underwriting and
Residential Finance Trust,Series 2005-BC4 NO.: [,q 6
d �q GV�f
'1 1 _'r
Plaintiff,
Wendy E.Straub; Brett Straub;
Defendants. P,r) �=3
y
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential property which is the subject of this foreclosure action,you
may be able to participate in a court-supervised conciliation conference in an effort to resolve this
matter with your lender.
If you do not have a lawyer,you must take the following steps to be eligible for a conciliation
conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn
Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request
appointment of a legal representative at no charge to you. Once you have been appointed a legal
representative, you must promptly meet with that legal representative within twenty (20) days of the
appointment date. During that meeting, you must provide the legal representative with all requested
financial information so that a loan resolution proposal can be prepared on your behalf. If you and your
legal representative complete a financial worksheet in the format attached hereto, the legal
representative will prepare and file a Request for Conciliation Conference with the Court, which must be
filed with the Court within sixty(60) days of the service upon you of the foreclosure complaint. If you do
so and a conciliation conference is scheduled, you will have an opportunity to meet with a
representative of your lender in an attempt to work out reasonable arrangements with your lender
before the mortgage foreclosure suit proceeds forward.
If you are represented by a lawyer, you and your lawyer must take the following steps to be
eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for
the appointment of a legal representative. However, you must provide your lawyer with all requested
financial information so that a loan resolution proposal can be prepared on your behalf. If you and your
lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a
Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60)
days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is
scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to
work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds
forward.
Zucker,Goldberg&Ackerman,LLC
XCP-186507
IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED
BY THIS NOTICE.TIDS PROGRAM IS FREE.
ZUCKER,GOLDBER A R AN, LLC
Ao b e r,2-�Z lalph
-
Dated: Se
Er— , 2014ScDietterick, Esqui A I.D.#55650
A. Bonner, Esquire, P I.D.#89705
ckerman, Esquire; PA I.D.#202729
L. Marin, Esquire; PA I.D.#306799
.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
XCP-186507/ns
200 Sheffield Street,Suite 101
Mountainside, NJ 07092
(908)233-8500; (908)233-1390 FAX
Email: Office@zuckergoIdberg.com
Zucker,Goldberg&Ackerman, LLC
XCP-186507
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date:
Cumberland County Court of Common Pleas Docket#
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete•your request for hardship assistance,your lender must consider your circumstances to
determine possible options while working with your
Please provide the following information to the best of your knowledge:
CUSTOM
Borrower name(s):
Property Address:
City: State: Zip:
Is the property for sale? Yes ❑ No ❑ Listing date: Price:$
Realtor Name: Realtor Phone:
Borrower Occupied? Yes ❑ No ❑
Mailing Address(if different):
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
#of people in household: How long?
CO-BORROWER
Mailing Address:
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
#of people in household: How long?
FINANCIAL INFORMATION
First Mortgage Lender:
Type of Loan:
Loan Number: Date you closed your loan:
Second Mortgage Lender:
Type of Loan:
Loan Number:
Total Mortgage Payments Amount: $ Included Taxes& Insurance:
Date of Last Payment:
Primary Reason for Default:
Is the loan in Bankruptcy? Yes ❑ No ❑
If yes, provide names, location of court, case number&attorney:
Zucker,Goldberg&Ackerman, LLC
XCP-186507
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
XCP-186507
Have you made application for Homeowners Emergency Mortgage Assistance Program
(HEMAP) assistance?
Yes ❑ No ❑
if yes, please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your
delinquency?
Yes ❑ No ❑
If yes, please indicate the status of those negotiations:
Please provide the following information, if known, regarding your lender or lender's loan servicing
company:
Lender's Contact(Name): Phone:
Servicing Company(Name):
Contact: Phone:
AUTHORIZATION
I/We, ,authorize the above named to use/refer this
information to my lender/servicer for the sole purpose of evaluating my financial situation for possible
mortgage options. I/We understand that I/we am/are under no obligation to use the services provided
by the above named
Borrower Signature Date
Co-Borrower Signature Date
Please forward this document along with the following information to lender and lender's counsel:
V Proof of Income
V Past 2 bank statements
V Proof of any expected income for the last 45 days
V Copy of current utility bill
V Letter explaining reason for delinquency and any supporting documentation (hardship letter)
V Listing agreement(if property is currently on the market)
Zucker,Goldberg&Ackerman, LLC
XCP-186507
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
The Bank of New York Mellon Corporation as CIVIL DIVISION
Trustee for Specialty Underwriting and
Residential Finance Trust,Series 2005-BC4 NO.:
Plaintiff,
VS.
Wendy E.Straub; Brett Straub;
Defendants.
REQUEST FOR CONCILIATION CONFERENCE
Pursuant to the Administrative Order dated February 28,2012 governing the Cumberland
County Residential Mortgage Foreclosure Diversion Program,the undersigned hereby certifies
as follows:
1. Defendant is the owner of the real property which is the subject of this mortgage.
foreclosure action;
1. Defendant lives in the subject real property,which is defendant's primary residence;
2. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion
Program"and has taken all of the steps required in that Notice to be eligible to participate in
a court-supervised conciliation conference.
The undersigned verifies that the statements made herein are true and correct. I understand
that false statements are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn
falsification to authorities.
Signature of Defendant's Counsel/Appointed Date
Legal Representative
Signature of Defendant Date
Signature of Defendant Date
Zucker,Goldberg&Ackerman, LLC
XCP-186507
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
The Bank of New York Mellon Corporation as CIVIL DIVISION
Trustee for Specialty Underwriting and
Residential Finance Trust,Series 2005-BC4 NO.:
Plaintiff,
VS.
Wendy E.Straub; Brett Straub;
Defendants.
CASE MANAGEMENT ORDER
AND NOW,this day of ,20 ,the defendant/borrower in the above-
captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference
verifying that the defendant/borrower has complied with the Administrative Rule requirements for the
scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that:
1. The parties and their counsel are directed to participate in a court-supervised conciliation
Conference on at M. in at the
Cumberland County Courthouse,Carlisle, Pennsylvania.
1. At least twenty-one(21)days prior to the date of the Conciliation Conference,the
defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the
"Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet"
(Form 2)which has been completed by the defendant/borrower. Upon agreement of the parties
in writing or at the discretion of the Court,the Conciliation Conference ordered may be
rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be
made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve
the completed Form 2 within the time frame set forth herein or such other date as agreed upon
by the parties in writing or ordered by the Court,the case shall be removed from the
Conciliation Conference schedule and the temporary stay of proceedings shall be terminated.
2. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in
person and an authorized representative of the plaintiff/lender must either attend the
Conciliation Conference in person or be available by telephone during the course of the
Conciliation Conference.The representative of the plaintiff/lender who participates in the
Conciliation Conference must possess the actual authority to reach a mutually acceptable
Zucker,Goldberg&Ackerman, LLC
XCP-186507
resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the
authorized representative in advance of the Conciliation Conference. If the duly authorized
representative of the plaintiff/lender is not available by telephone during the Conciliation
Conference,the Court will schedule another Conciliation Conference and require the personal
attendance of the authorized representative of the plaintiff/lender at the rescheduled
Conciliation Conference.
3. At the Conciliation Conference,the parties and their counsel shall be prepared to discuss and
explore all available resolution options which shall include: bringing the mortgage current
through a reinstatement; paying off the mortgage; proposing a forbearance agreement or
repayment plan to bring the account current over time; agreeing to tender a monetary payment
and to vacate in the near future in exchange for not contesting the matter;offering the lender a
deed in lieu of foreclosure;entering into a loan modification or a reverse mortgage; paying the
mortgage default over sixty months; and the institution of bankruptcy proceedings.
4. All proceedings in this matter are stayed pending the completion of the scheduled conciliation
conference.
BY THE COURT,
J.
Zucker,Goldberg&Ackerman, LLC
XCP-186507
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
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Sheriff ��p �F T�� PD�TH�N�T��\
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Jody SSm�h
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Richard VVStewart '-
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PENNSYLVANIA
The Bank of New YorMelion Corporation as Trustee for Speciaty Under
vs.
Wendy E Straub (et al.)
Case Number
2014-6264
SHERIFF'S RETURN OF SERVICE
1103/2014 07:14 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligentsearch
and inquiry for the within named Defendant to wit: Brett Straub, but was unable to iocate the Defendant in
his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage
Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 513 Third
Street, EasPennsboro/VVest Fairview Township, Enola, PA 17025. Deputies were advised by a neighbor
that the defendants no Ionger reside at this address.The also advised that the defendants do receive their
mail here and that they occassionally come by to take items from the residence.
11/05/2014 06:53 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search
and inquiry for the within named Defendant to wit: Wendy E Straub, but was unable to locate the
Defendant in his bailiwick, The Sheriff thereforemdurnathawithinraquostadNodcoofRooidande|
Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 513
Third Street, East PennsboroNVest Fairview Township, Enola, PA 17025. Deputies were advised by a
neighbor that the defendants no longer reside at this address.The also advised that the defendants do
receive their mail here and that they occassionally come by to take items from the residence.
SHERIFF COST: $70.95 SO ANSWERS,
November 06, 2014 RONNYRANDERSON, SHERIFF
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
The Bank of New York Mellon Corporation as
Trustee for Specialty Underwriting and
Residential Finance Trust, Series 2005-BC4
vs.
Wendy E. Straub; Brett Straub;
Plaintiff,
Defendants.
CIVIL DIVISION
NO.: 14-6264
PRAECIPE TO REINSTATE COMPLAINT
TO THE PROTHONOTARY:
Please mark the Complaint in Mortgage Foreclosure filed at the above -captioned term and
number reinstated.
Dated: )2/8 X14
ZUCKER, GOLDB:: ACKERMAN, LC
wvv')
Scott A. Dietterick, .quire; PA I.D. #55650
Kimberly A. Bonner squire; 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
Roger Fay, Esquire; PA I.D. #315987
Attorneys for Plaintiff
XCP-186507/rq
200 Sheffield Street, Suite 101
Mountainside, NJ 07092
(908) 233-8500; (908) 233-1390 FAX
Email: Office@zuckergoldberg.com
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
oFF CE OF THE ra„F,IFF
LUL L?Ei1L/' NJ COL:;17-
PENNSYLVANIA
The Bank of New York Mellon Corporation as Trustee for Specialty Under
vs.
Wendy E Straub (et al.)
Case Number
2014-6264
SHERIFF'S RETURN OF SERVICE
12/16/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Wendy E Straub, 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 513 Third Street n/k/a
1513 Third Street, East Pennsboro/West Fairview Township, Enola, PA 17025. As of November 5, 2014
deputies advised that the residence is vacant.
12/16/2014 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 Straub, 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 513 Third Street n/k/a
1513 Third Street, East Pennsboro/West Fairview Township, Enola, PA 17025. As of November 5, 2014
deputies advised that the residence is vacant.
SHERIFF COST: $28.00 SO ANSWERS,
December 16, 2014
tc) CountySuito Shoat, Toleosoft,
RONNY R ANDERSON, SHERIFF