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HomeMy WebLinkAbout14-6411 Supreme Court of Pennsylvania :t CourtMMf Comi on Pleas { r f4' C � For Prothonota Use'Onl �� ovt�, eet AR G13EPL AN�0• 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 other papers as required by lain or rules of court. Commencement of Action: S ® Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E Lead Plaintiff's Name: Wells Fargo Bank,NA Lead Defendant's Name: Corey S. Shumberger C i 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? ❑Yes ® No Is this an MDI Appeal? ❑Yes ® No Name of Plaintiff/Appellant's Attorney: Scott A.Dietterick,Esq.c/o Zucker,Goldberg&Ackerman,LLC A ❑ Check here if you have no attorney(are a Self-Represented [Pro Sej 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 1 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 C3 Product Liability(does not include mass tort) ❑ Employment Dispute: tE ❑ Slander/Libel/Defamation Discrimination ❑ Other: ❑ Employment Dispute: Other C ❑ Zoning Board T ❑ Other: I MASS TORT ~� ❑ Other: O ❑ Asbestos ' ❑ Tobacco 3 N ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL,PROPERTY MISCELLANEOUS ❑ Toxic Waste { ❑ Other: ❑ Ejectment ❑ Common Law/Statutory Arbitration ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ! B ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non-Domestic Relations ® Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure:Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: l ❑ Other Professional: Updated 111112011 f � , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA, CIVIL DIVISION Plaintiff, VIt � � � vs. NO.. 0, Corey S. Shumberger;Crystal L. Shumberger; TYPE OF PLEADING Defendants. CIVIL ACTION -COMPLAINT T0: DEFENDANTS IN MORTGAGE FORECLOSURE YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY(20)DAYS FILED ON BEHALF OF: FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. Wells Fargo Bank, NA I HEREBY CERTIFY THAT THE ADDRESS Plaintiff OF THE PLAINTIFF IS: Ft.Msta C 297 Blvd. COUNSEL OF RECORD FOR THIS PARTY: Ft.Mill,SC 29715 AND THE DEFENDANT: ZUCKER' GOLDBERG &ACKERMAN, LLC 189 Konhaus Road Mechanicsburg,PA 17050-3127 Scott A. Dietterick, Esquire- Pa. I.D.#55650 Kimberly A. Bonner, Esquire- Pa. I.D.#89705 Joel A.Ackerman, Esquire-Pa I.D.#202729 CERTIFICATE OF LOCATION Ashleigh Levy Marin, Esquire- Pa I.D.#306799 I HEREBY CERTIFY THAT THE LOCATION OF Ralph M.Salvia, Esquire-Pa I.D.#202946 THE REAL ESTATE AFFECTED BY THIS LIEN IS Jaime R.Ackerman, Esquire- Pa I.D.#311032 x-- 189 Konhaus Road Mechanicsburg PA 17050 Mun icipality: s ri Jana Fridfinnsdottir, Esquire- Pa I.D.#315944 Brian Nicholas, Esquire-Pa I.D.#317240 Denise Carlon, Esquire- Pa I.D.#317226 ATTNT Roger Fay, Esquire; PA I.D.#315987 ATTY FILE NO.:XFP 175414-R1 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 (908) 233-8500 Atty File No.: XFP-175414-R1 r-n / C-1 CD �# -7q s pq IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA CIVIL DIVISION Plaintiff, NO.. VS. Corey S.Shumberger;Crystal L.Shumberger; Defendants. NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action,you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer,you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty(60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. Zucker,Goldberg&Ackerman, LLC XFP-175414-R1 If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE.TIDS PROGRAM IS FREE. ZUCKER,GOLDBERG&A MAN, LLC By: Dated: Scott A. ierick,Esquire; PA I.D.#55650 d G Kimberly . Bonner,Esquire; PA I.D.#89705 ddd 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 XFP-175414-R1/mti 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 (908)233-8500;(908)233-1390 FAX Email: Office@zuckergoldberg.com Zucker,Goldberg&Ackerman, LLC XFP-175414-R1 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 • • • 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 XFP-175414-R1 Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile#1: Model: Year: Amount owed: Value: Automobile#2: Model: Year: Amount owed: Value: Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1• Monthly amount: 2• Monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2"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 XFP-175414-R1 Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP)assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender or lender's loan. servicing company: Lender's Contact(Name): Phone: Servicing Company(Name): Contact: Phone: AUTHORIZATION I/We, , authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. [/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 XFP-175414-R1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA CIVIL DIVISION Plaintiff, VS. NO.. Corey S.Shumberger;Crystal L.Shumberger; 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 XFP-175414-R1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA CIVIL DIVISION Plaintiff, VS. NO.. Corey S.Shumberger;Crystal L.Shumberger; 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 resolution,and counsel for the plaintiff/lender must discuss resolution proposals with the Zucker,Goldberg&Ackerman, LLC XFP-175414-R1 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 XFP-175414-R1 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY(30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY(30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US.TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA CIVIL DIVISION Plaintiff, VS. NO.. Corey S.Shumberger;Crystal L. Shumberger; 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, NA CIVIL DIVISION Plaintiff, VS. NO.. Corey S.Shumberger;Crystal L.Shumberger; Defendants. AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defend erse 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 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 Wells Fargo Bank, NA CIVIL DIVISION 3476 Stateview Blvd. Ft. Mill, SC 29715 NO.: Plaintiff, VS. Corey S. Shumberger 189 Konhaus Road Mechanicsburg, PA 17050-3127; Crystal L. Shumberger 189 Konhaus Road Mechanicsburg, PA 17050-3127; Defendants. CIVIL ACTION -COMPLAINT IN MORTGAGE FORECLOSURE And now comes Wells Fargo Bank, NA, by its attorneys, Zucker, Goldberg&Ackerman, LLC,and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Wells Fargo Bank, NA, 3476 Stateview Blvd., Ft. Mill, SC 29715 (hereinafter"plaintiff"). 2. The Defendants) is/are Corey S. Shumberger, with a last known address of 189 Konhaus Road, Mechanicsburg, PA 17050-3127. 3. The Defendants) is/are Crystal L. Shumberger, with a last known address of 189 Konhaus Road, Mechanicsburg, PA 17050-3127. 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, NA, directly or through an agent, has possession of the Promissory Note. Wells Fargo Bank, NA is either the original payee of the Promissory Note or the Promissory Note has been duly indorsed. A copy of said Promissory Note is marked Exhibit A, attached hereto and made a part hereof. 062-PA-V5 Zucker,Goldberg&Ackerman, LLC 6. On or about March 30, 2004, Corey S. Shumberger and Crystal L. Shumberger made, executed and delivered to The Washington Savings Bank, FSB a Mortgage in the original principal amount of$145,800.00 on the premises described in the legal description marked Exhibit B, attached hereto and made apart hereof. Said mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on April 12, 2004, in Mortgage Book\Volume 1860, Page 1888. 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. By Assignment of Mortgage recorded March 31, 2005, the mortgage was assigned to Washington Mutual Bank, FA which assignment is recorded in the Office of the Recorder of Deeds for Cumberland County in Assignment Book 716, Page 1595. 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. 8. Plaintiff is the current Mortgagee. By further Assignment of Mortgage recorded August 31, 2010, the mortgage was assigned to Wells Fargo Bank, N.A., which assignment is recorded in the Office of the Register of.Deeds for Cumberland County, Instrument #201024190. The Assignment 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. 9. Corey S. Shumberger and Crystal L. Shumberger, husband and wife 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 installments of principal and interest due June 1, 2014. 062-PA-VS Zucker,Goldberg&Ackerman, LLC 11. As of 10/23/2014 the amount due and owing Plaintiff on the mortgage is as follows: Principal $ 118,923.25 Interest $ 3,261.36 From 05/01/2014 to 10/23/2014 Late Charges $102.09 Escrow Advance $ 740.74 Property Inspections $ 0.00 Property Preservation $ 0.00 BPO/Appraisal $ 0.00 Escrow Balance $ 0.00 Corporate Advance Credit $ 0.00 Total $ 123,027.44 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. 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 action does not come under Act 91 of 1983 because the mortgage is FHA insured. 14. 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. 062-PA-VS Zucker,Goldberg&Ackerman, LLC WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $123,027.44 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 & AN, LLC BY: Dated: / Scott A. Di brick, Esquire; PA I.D.#55650 l/ 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 r— 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 XFP-175414-R1/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. 062-PA-V5 Zucker,Goldberg&Ackerman, LLC EXHIBIT A Zucker,Goldberg&Ackerman, LLC 062-PA-V5 Loan In Muirisrate NOTE �y� March 30th, 2004 New Cumberland, FA (Uae] Icily) (statri 169 Raatbatus Roadr Mechanicsburg, PSJWSYLtM1A 17050 (rru(rrnr aa3rrssl � , 1. PARTIES 'Borrower"means each person signing at the end ofith' ]vote.and the person's successors and assigns. "Lender" means The Washington Savings Batik, 788 11 and its successors and assigns. 1. BORROWER'S PROMISE TO PAY;INTEREST In mum for a loan received from]..ender,Borrower promises to pay the principal sur»of erne Hundred Forty hive 'Thousand fight Hundred- . . . - - - - - - - - - - - . _ - ._ Dollars (U.S.S 145,800.00 plus interest,to the order of Lender. interest will be charged on unpaid principal,frmr the date of di burserlwnt of the loan proceeds by bender,at the rate of Five and threa quarters percent( 5-750 %)per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage,deed of trust or similar security instrument that i%dttod the same date as this Note and called the'Security Instrument." The Security Instrument protects the Lender from Inv,es which might result if Borrower defaults under this Note. d. MANNER OF PAYMENT (A)Time Borrower shalt make a payment of principal and interest to Lender on the first day of each month hepinninv on Kay 1st. 2004 Any principal and interest retraining on the first day of April, 2034 will be due on that date,which is called the'Maturity Date.' (B)Place Payment shall be made at 4201 Mitchellville Road, tate. 300, Bowie, Maryland 20716 or at such place as Lender may designate in writing by notice to Borrkwmr, 1 (C) Amount Each monthly payment of principal and interest will be.in the amtrunt of U.S.S 850.85 This antuunt will be pan of a larger monthly payment required by the Security instrument.that shall be applied to principal.interest and l other items in the order described in the Security Instrument, (D) Allonge to this mote for Payment Adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Notc.the c o enatus tit the allonge shall be incorporated into and shall amend and supplement the covenants of this Nuic as if the allctnge were a part of this Note. [Check applicable box] Graduated Payment Allonge ❑0ther Ilspecify] Growing Equity Allonge 5. BORROWERS RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Nota,in whole or in part,without charge or penalty.int the first day of any month. Lender shall accept prepayment an other days provided that Borrower pays interest on the j Eamount prepaid for the remainder of the month to the extent required by Lender and permitted by regulation,.s of the I Secretary, If Borrower makes a partial prepayment,there will to no changes in the due date or in the amount al'the monthly payment unless Lender agrees in writing to those changes. 6. BORROWER'S FAILURE TO PAY' (A) bate Charge for Overdue Pavnrents If Lender has;not received the full monthly payment required by the Security Instrument.as described in Paraerapin 4(C)of this Note by the end o€ Fifteen calendar days after the payment is due. Lender nisi; volleci a late charge in the amount of Four percent 1 4.000 t til the t',vcrdut.• amount of each payment, (B) Default If Borrower defaults by failing to pay in full any monthly payment,then Lender may.except ate lim'ttesl Irl I regulations of the Secretary in the cast:of pajnicrn defaults.require itnuied"aate paynient int Lull ofthe pdnei{xll Iml.anve retraining Clue and all accrued interest. Lender may choose not to exercise ibis option without oasis aug ii,right.,in lite FH►Mctltistair Rete Note-.U-)5 AAFNIC.-09137t1Ot Mgt I vf:. avec,,hunt;:ygtgS;inr.Fn�,c'1etYt..cvW1 Loan xta # event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note."Secretary`means the secrelary'of Housing and ltrhan Development or his or her designee, iC7 Paptnent or Costs and Evpenses If Lender has required immediate payment in lull,as described above.Lender may retluire Borruuer so pay Costs and expenses including reasonable and customary attorneys'fees for enforcing this Note to the exieni not prohibi!ed by applicable law_ Such fees and costs shall bear interest from the date of disbursement at the sane rate a.the princip i or this Note. T. WAIVERS Borrower and any other person who has obligations under this Nute waive the rights of presentment and notim of dishonor. 'Presentment'mutts the right to require Lender to demand payment of.amounts due. "Notice of dishonor` means the right to require Laurer to give notice to other persons that amounts due have not been paid. I B s. GIVING OF NOTICES Unless applicable law requites a different method,any notice that must be given to Hormwvr under this Note ails be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different { address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the addre°ss stated in paragraph 4(3)or at a different address if Borrower is given a notice of that different address, 4. OBLIGATIONS OF PERSONS UNDER TIUS NOTE i If mote than one person signs this Note.each person if fully and personally obligated to keep all of the premises made in this.Note,including the promise to pay the full amount owed. Any person who is a guarantor.Surety or endorser of ibis Note is also obligated to do these things„ Any person who takes over these obligation.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. Lender ntay enforce its rights under this Note against each person individually or against all signatories together. Any one person:signing this Note may be required to pay all of the arnounts owed itnde€this Note. i BY SIGNING BELOW,Borrower accepts and aeregs to the tat'his and covenants contained in this Note. I' ` iSeatt ozey S. #ltwrtitierger -Bnrrveacr r 4 CryatbLl L. Shumberger Buttout r PAYTO T'HE ORDER01" tiashington Mutual Bank, rA i OTHOUT RECOURSE (seat 1 -Burrower TSW� SHINraTW ANGS 8MM,FSB El'/zabeth A. Kannion' s Seed t Mortgage Origination Manager -Bormurt tScalt i -Borrower I i Serl t ' -Bti'rrttt4-cl' AA1\3G=09142001 pup 2 or 1 ux u:�lurtg�,crtbnit•ltty�!:*tri:r..r:nxt EXHIBIT B Zucker,Goldberg&Ackerman, LLC 062-PA-V5 . t LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of Silver Spring;, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center line of a public township road (T-566), known as Konhaus Road, which said point is in the division line between Lots Nos. 12 and 13 on the hereinafter mentioned Plan of Lots; thence along; the division line between Lots Nos. 12 and 13, South 88 degrees 08 minutes 20 seconds West, three hundred eighty-eight and thirty-five one hundredths (388.35) feet to a point; thence along; the division line between Lots Nos. 13 and 21, Lots Nos. 13 and 20 and Lots Nos. 13 and 19,North 17 degrees 03 minutes 02 seconds East, one hundred seventy and thirty-three one hundredths(170.33)feet to apoint in the division line between Lots Nos. 13 and 14 on said Plan; thence along the division line between Lots Nos. 13 and 14, North 88 degrees 08 minutes 20 seconds East,three hundred thirty-three and fourteen one-hundredths(333.14)feet to a point in the center line of Konhaus Road, (Township Road T-566); thence along the center line of said road, South 01 degree 51 minutes 40 seconds East, one hundred sixty-one and fourteen one hundredths (161.14) feet to a point in the division line between Lots Nos. 12 and 13 on said Plan, aforementioned, at the point and place of BEGINNING. BEING Lot No. 13 on the Plan of Lots of Clepper Farrns,Inc., and known as-Ritter Manor,which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 21, at Page 68. HAVING THEREON erected a single family dwelling house. BEING THE SAME PREMIgES WHICH Paul E. Shumberger, a married man, by his deed dated , 2004, and about to be recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed. unto Corey S. Shumberger,, a single man, Mortgagor here l .'ertlly this to be i,ecorded :Fn Cumberland County PA � � a •7WI1 \" Recorder. of Deeds 1896 VERIFICATION Nathaniel Orendain,hereby states that e she is Vice President Loan Documentation of WELLS FARGO BANK,N.A., plaintiff in this matter, that ie 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 o6/her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: NathaniVnt n Title: Vice Pren Documentation Company: Wells Fargo Bank,N.A. Date: 10/24/2014 086-PA-V2 File# 175414-R1 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ()FF OF THE, SHERIFF ._'�YGti l jl THE PRO v DEC 12 AM 10: 03 CUMBERLAND COUNTY PENNSYLVANIA Wells Fargo Bank, NA vs. Corey S. Shumberger (et al.) Case Number 2014-6411 SHERIFF'S RETURN OF SERVICE 12/05/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Crystal L. Shumberger, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 189 Konhaus Road, Silver Spring Township, Mechanicsburg, PA 17050. Seven attempts at service were made but deputies were unable to make contact with anyone at the residence to effectuate service. 12/05/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Corey S. Shumberger, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 189 Konhaus Road, Silver Spring Township, Mechanicsburg, PA 17050. Seven attempts at service were made but deputies were unable to make contact with anyone at the residence to effectuate service. SHERIFF COST: $87.90 SO ANSWERS, December 09, 2014 RONR ANDERSON, SHERIFF (c) Countysu!c Sherif(, Te!eosoft. Inc.