HomeMy WebLinkAbout14-6488 Supreme Court.of Pennsylvania
Couk'rof ol�rfion Pleas
'"V� For Prothonotary Use Only:
Adv,il,,do,yeir Sh�et
CUMlkRLAhb County Docket No:
ff
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 0 Complaint El Writ of Summons El Petition
0 Transfer from Another Jurisdiction 1-1 Declaration of Taking
E
Lead Plaintiffs Name: THE BANK OF NEW YORK MELLON Lead Defendant's Name: Jennette L.Winnyk
C FKA THE BANK OF NEW YORK,AS TRUSTEE FOR THE
CERTIFICATEHOLDERS OF CWALT,INC.,ALTERNATIVE
T LOAN TRUST 2004-29CB,MORTGAGE PASS-THROUGH
CERTIFICATES,SERIES 2004-29CB
Dollar Amount Requested: within arbitration limits
0 Are money damages requested?: []Yes X No (Check one) x outside arbitration limits
N
Is this a Class Action Suit? E]Yes Z No Is this an MDJ Appeal? ❑Yes 0 No
Name of Plaintiff/Appellant's Attorney: Scott A.Dietterick,Esq.c/o Zucker,Goldberg&Ackerman,LLC
[I 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
F1 Intentional 0 Buyer Plaintiff Administrative Agencies
C1 Malicious Prosecution 0 Debt Collection: Credit Card ❑ Board of Assessment
n Motor Vehicle 0 Debt Collection: Other ❑ Board of Elections
n Nuisance ❑ Dept.of Transportation
El Premises Liability El Statutory Appeal: Other
S ❑ Product Liability(does not include
mass tort) 0 Employment Dispute:
E 0 Slander/Libel/Defamation Discrimination
0 Other: 0 Employment Dispute: Other
C ❑ Zoning Board
Other:
I MASS TORT 0 Other:
n Asbestos
0 0 Tobacco
N 0 Toxic Tort-DES
n Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
E] Toxic Waste n Ejectment El Common Law/Statutory Arbitration
n Other: 0 Eminent Domain/Condemnation El Declaratory Judgment
E] Ground Rent ❑ Mandamus
B E] Landlord/Tenant Dispute ❑ Nan-Domestic Relations
Z Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure:Commercial E] Quo Warranto
E] Dental n Partition El Replevin
n Legal [3 Quiet Title El Other:
E] Medical n Other:
0 Other Professional:
Updated 111112011
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
THE BANK OF NEW YORK MELLON FKA THE BANK CIVIL DIVISION
OF NEW YORK,AS TRUSTEE FOR THE c •v'� �' y-�
CERTIFICATEHOLDERS OF CWALT, INC., NO.: '(Qy0 0 ^ -
ALTERNATIVE LOAN TRUST 2004-29CB, MORTGAGE
PASS-THROUGH CERTIFICATES,SERIES 2004-29CB, TYPE OF PLEADING
Plaintiff, '"-
CIVIL ACTION -COMPLAINT
Vs. IN MORTGAGE FORECLOSURE
Jennette L.Winnyk; y � �
Defendant. FILED ON BEHALF OF:
THE BANK OF NEW YORK MELLON FKA THE
TO: DEFENDANT BANK OF NEW YORK,AS TRUSTEE FOR THE
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE CERTIFICATEHOLDERS OF CWALT,INC.,
ENCLOSED COMPLAINT WITHIN TWENTY(20)DAYS
FROM SERVICE HEREOF ORA DEFAULT JUDGMENT MAY BE ALTERNATIVE LOAN TRUST 2004-29CB,
ENTERED AGAINST YOU. MORTGAGE PASS-THROUGH CERTIFICATES,
I HEREBY CERTIFY THAT THE ADDRESS SERIES 2004-29CB
OFTHE PLAINTIFF IS: Plaintiff
15 SOUTH MAIN STREET
GREENVILLE,SC 29605 COUNSEL OF RECORD FOR THIS PARTY:
AND THE DEFENDANT: ZUCKER,GOLDBERG &ACKERMAN, LLC
290 Joya Circle
Harrisburg,PA 17112 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
1 HEREBY CERTIFY THAT THE LOCATION OF
THE REAL ESTATEAFFECT THIS LIEN IS Ralph M. Salvia, Esquire-Pa I.D.#202946
522 North Bedfor Str t Car11s 17013 Jaime R.Ackerman, Esquire- Pa I.D.#311032
Munici alit : C I' I Jana Fridfinnsdottir, Esquire-Pa I.D.#315944
Brian Nicholas, Esquire-Pa I.D.#317240
Denise Carlon, Esquire-Pa I.D.#317226
ATTO Y FO INTIFF
Roger Fay, Esquire; PA I.D.#315987
ATTY FILE NO.:XCP 168705
200 Sheffield Street,Suite 101
Mountainside, NJ 07092 .
(908) 233-8500
Atty File No.: XCP-168705
lJ�'rV y
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 FKA THE BANK CIVIL DIVISION
OF NEW YORK,AS TRUSTEE FOR THE
CERTIFICATE HOLDERS OF CWALT, INC., NO.:
ALTERNATIVE LOAN TRUST 2004-29CB,
MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2004-29CB
Plaintiff,
VS.
Jennette L.Winnyk;
Defendant.
NOTICE TO DEFEND
You have been sued in court. if you wish to defend against the claim set forth in the following pages,
you must take action within twenty(20)days after this complaint and notice are served, by entering a
written appearance personally or by attorney and filing in writing with the court your defenses or
objections to the claims set forth against you. You are warned that if you fail to do so the case may
proceed without you and a judgment may be entered against you by the court without further notice
for any money claimed in the complaint or for any other claim or relief requested by the plaintiff.
You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO
YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
NOTICE TO DEFEND&LAWYER REFERRAL SERVICE
NOTICE TO DEFEND LAWYER REFERRAL
Cumberland County Bar Association Cumberland County Bar Association
32 S. Bedford Street 32 S. Bedford Street
Carlisle, PA 17013 Carlisle, PA 17013
Phone(800) 990-9108 Phone (800)990-9108
(717).249-3166 (717)249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
THE BANK OF NEW YORK MELLON FKA THE BANK CIVIL DIVISION
OF NEW YORK,AS TRUSTEE FOR THE
CERTIFICATEHOLDERS OF CWALT, INC., NO.:
ALTERNATIVE LOAN TRUST 2004-29CB,
MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2004-29CB
Plaintiff,
vs.
Jennette L.Winnyk;
Defendant.
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.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN
ABOGADO 0 NO PUEDE PAGAR LINO, LLAME O 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 FKA THE BANK CIVIL DIVISION
OF NEW YORK,AS TRUSTEE FOR THE
CERTIFICATEHOLDERS OF CWALT, INC., NO.:
ALTERNATIVE LOAN TRUST 2004-29CB,
MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2004-29CB
Plaintiff,
VS.
Jennette L.Winnyk;
Defendant.
CIVIL ACTION -COMPLAINT IN MORTGAGE FORECLOSURE
And now comes THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK,AS TRUSTEE
FOR THE CERTIFICATEHOLDERS OF CWALT, INC.,ALTERNATIVE LOAN TRUST 2004-29CB, MORTGAGE
PASS-THROUGH CERTIFICATES, SERIES 2004-29CB, 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 FKA THE BANK OF NEW YORK, AS
TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2004-29CB,
MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-29CB, (hereinafter "plaintiff") through its
servicing agent SHELLPOINT f/k/a RESURGENT CAPITAL SERVICES, LP located at 15 SOUTH MAIN
STREET, GREENVILLE,SC 29605.
2: The Defendant, Jennette L. Winnyk, is an individual whose last known address is 290
Joya Circle, Harrisburg, PA 17112.
3. THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR
THE CERTIFICATEHOLDERS OF CWALT, INC.,ALTERNATIVE LOAN TRUST 2004-29CB, MORTGAGE PASS-
THROUGH CERTIFICATES, SERIES 2004-29CB, directly or through an agent, has possession of the
Promissory Note. THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR
THE CERTIFICATEHOLDERS OF CWALT, INC.,ALTERNATIVE LOAN TRUST 2004-29CB, MORTGAGE PASS-
THROUGH CERTIFICATES,SERIES 2004-29CB 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.
Zucker,Goldberg&Ackerman, LLC
4. On or about October 25, 2004, Jennette L. Winnyk, An Unmarried Woman made,
executed and delivered to Mortgage Electronic Registration Systems, Inc. as nominee for
Countrywide Home Loans, Inc. a Mortgage in the original principal amount of $71,920.00 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 October 28, 2004, in Mortgage Book\Volume 1885, Page 4103.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.
5. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded February 29,
2012, the mortgage was assigned to The Bank of New York Mellon FKA The Bank of New York, as
Trustee for the Certificateholders of CWALT Inc., Alternative Loan Trust 2004-29CB, MortgagePass-
Through Certificates Series 2004-29CB which assignment is recorded in the Office of the Recorder of
Deeds for Cumberland County, Instrument#201205999. 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.
6. Jennette L. Winnyk is the record and real owner of the aforesaid mortgaged
premises.
7. 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 February 1, 2012.
8. As of 09/19/2014 the amount due and owing Plaintiff by Defendants) is as follows:
Principal $60,866.98
Interest through 09/19/2014 $9,985.71
Escrow Balance ($94.73)
Late Charges $50.27
Insurance $1,463.00
Taxes $4,395.03
Corporate Advance $2,353.00
Total $79,019.26
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.
9. 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).
10. 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$79,019.26 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,G LD & ERMAN, LLC
t BY:
Dated: 6 5 14 Scott A. c , 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
Roger Fay, Esquire; PA I.D.#315987
Attorneys for Plaintiff
XCP-168705/emed
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
Prepared by:JILL WEAVER
NOTE
OCTOBER 25, 20.04 CARLISLE PENNSYLVANIA
[Date] [city] [state]
522 N BEDFORD ST, CARLISLE, PA 17013-1913
Rmpaty Address]
1. BORROWER'S PROMISE TO PAY
In return for a loan.that I have received,I promise to pay U.S. $ 71,•920.00 (this amount is called
"Principal"),plus interest,to the order of the Lender.The Lender is
COUNTRYWIDE HOME LOANS, INC.
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. INTERPST
Interest will be charged oh unpaid principal until*the full amount of Principal has been paid.I will-pay interest at a yearly-
rate
earlyrate of 6.250 %. I
The interestmte•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 FIRST day of each month beginning on
DECEMBER 01, 2004 .I will make these payments every month until I have paid all of the principal and interest and any
other charges described below that Imay 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 NOVEMBER 01, 2034 ,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
P.O. Box 660694, Dallas, TX 75266-0694
or at a different place if required by the Note Bolder.
(B)Amount of Monthly Payments.
My monthly payment will be in the amount of U.S.$ 442.82
4. 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.Prepaymen4 I will tell the Note Holder in writing that I am doing so.I may not designate a
payment as a Prepayment-if I have not made all the monthly payments due under the Nate.
Tmay make a full Prepayment or partial Prepayments without paying a 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 date or in the amount of my monthly payment
unless the Note Holder agrees in writing to those changes.
S. LOAN CHARGES
If a law,which applies to this loan and which sets maximum loan charges,isfinally interpreted so that the interest or other
loan charges collected or to be collected in connection with this loan exceed the peimitted•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 suns 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 FIFTEEN• calendar
days alter 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.interesL 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. )
MULTISTATE FIXED RATE NOTE-Ungte FamtlyFannte Mae/Freddie Mae UNIFORM INSTRUMENT InEals:!\\Wl
VMP MORTGa GE FORMS-(900)521-7291
-5N(0207).01 CHL(03/03)(d) Page 1 of 2 Form 32001/01
(C)Notice of Default �—
If I am in default,the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a
certain date,the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all
the interest that I owe on that amount.That date must be at least 30 days 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 l 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 attomeys'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 byfirst 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 I am given a notice of that
different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note,each person is fully and personally obligated to keep all of the promises made in
this Note,including the promise to pay the full amount owed.Any person who is-a guarantor,surety or endorser of this 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 promised made in this Note.The Note Holder may enforce its rights
under Phis 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 toxequire 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.
10. 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 Trost,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:
If all or anypart.of the Property or any Interest in the Property is sold or transferred(or if Borrower is not
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.
If Lender exercises this option,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 j
expiration of this period,Lender may.invoke any remedies pemfltted'by this Security Instrument without further
notice ondemand on Borrower.
. 1
I
i,
WIT�4�i['1•�HAIVDJt AND (S)OF THS UNDERSIGNED.
(Seal) (Seal)
NNETTE L. WINNYE -Borrower _Borrower
(Seal) (Seal)
-Borrower -Borrower
[Sign Original Only]
(Z>®5N(02071.01 CHL(03103) Pape 2 of 2 Form 32001/01
s 10/97/2004 09:39 - w... .... L .
7x 76719.676
• AAGt 07/12
I -
ALL that certain trAct of land with the infictttepts tbaraon ac
ected Cambered Courtly,Paansylvarda,boubded and dn;sctibed in accordan With situate
B$Urvn y ttod iAn thereof
of the 1'Ioir0ugb of Carafate,
II Registered St�rveygr,dated July 21, 1970,as fallowg: P made by Thnmoa A. Neff,
i
r$B0DTN1NG at a poim,marked by a � inch drill holo, o»Ibe ndrtl,w
northeastem line of McBrido Avenue;'tatence extending along end now of side of North Redford Street,said point being 169.95 feet
West 120 feet to a spiky on the southeast line of a public alley,thence along sold alley,North 5S de
orrneri of Edward K..Baker,Nth 54 degrees 40 minutes
spike at a corner of land now or forn cly of Frederick Kingaborough;thence aMnng sid land,South o degree*20m40 minutes
$�20 minutes Jxast 20 flet to a
feet to a paint rrtat'kod by a'/4 Itch drill hole, an the northwest gide ofNorth Redford Strout;thence along the same,South s aat 120
20 minutea West 20 feet to the point and Place of 131?GIMNp
. degrees
RUING improvad with a tWu story iltm house known as No.S22 avottit Bedfotd.Street.Carlisle,Pennsylvania.
UETNG tk same premises which, DANIEL RAY BERCtalk and KATHtEBN
SM data August,14, 1996 end recorded August 27,J 496 in the OFIice of 1be RecordeT ofA Ci1r1?Ct�l?R,FITS Wlpg by Indenture bearing
Deed Book-No. 144,page 1115 otc,granted and cony ds,in and for the Cou
eyed unto JACQURLQ4E A.WEAVE,qN ADUL7 JND O WERLAND
• I.,in tee.
f
ed
SCO •
ds
A chedtile
Dir "On of Ppe sus
AT,rn ct]MMt t�np
VERIFICATION
1, Suzette Fontenette Foreclosure Specialist (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: New Penn Financial,LLC d/b/a
Shellpoint Mortgage Servicing as
servicer for THE BANK OF NEW YORK
MELLON FKA THE BANK OF NEW
YORK,AS TRUSTEE FOR THE
CERTIFICATEHOLDERS OF CWALT, INC.,
ALTERNATIVE LOAN TRUST 2004-29CB,
MORTGAGE PASS-THROUGH
CERTIFICATES,SERIES 2004-29CB
Name:
Title: Foreclosure Specialist
File No: 168705
Borrower Name: Jennette L. Winnyk
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
E BANK OF NEW YORK MELLON FKA THE BANK CIVIL DIVISION ...�
OF NEW YORK,AS TRUSTEE FOR THE bq?g CERTIFICATEHOLDERS OF CWALT, INC., NO.: w> A r "•~-"-'
ALTERNATIVE LOAN TRUST 2004-29CB,
MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2004-29CB . ,
Plaintiff, rwc� f
VS. T_
Jennette L. Winnyk; -
Defendant.
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
Zucker,Goldberg&Ackerman,LLC
XCP-168705
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,GOL ER & C RMAN, LLC
By:
Dated: November,2014 Scott A. i terick, 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
Roger Fay, Esquire; PA I.D.#315987
Attorneys for Plaintiff
XCP-168705/ns
200 Sheffield Street,Suite 101
Mountainside, NJ 07092
(908) 233-8500; (908)233-1390 FAX
Email: Office@zuckergoldberg.com
Zucker,Goldberg&Ackerman,LLC
XCP-168705
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/PRI
Borrower name(s):
Property Address:
City: State: Zip:
Is the property for sale? Yes ❑ No ❑ Listing date: Price: $
Realtor Name: Realtor Phone:
Borrower Occupied? Yes ❑ No ❑
Mailing Address(if different):
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
#of people in household: How long?
CO-BORROWER
Mailing Address:
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
#of people in household: How long?
FINANCIAL INFORMATION
First Mortgage Lender:
Type of Loan:
Loan Number: Date you closed your loan:
Second Mortgage Lender:
Type of Loan:
Loan Number:
Total Mortgage Payments Amount: $ Included Taxes& Insurance:
Date of Last Payment:
Primary Reason for Default:
Is the loan in Bankruptcy? Yes ❑ No ❑
If yes, provide names, location of court,case number&attorney:
Zucker,Goldberg&Ackerman, LLC
XCP-168705
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-168705
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-168705
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
THE BANK OF NEW YORK MELLON FKA THE BANK CIVIL DIVISION
OF NEW YORK,AS TRUSTEE FOR THE
CERTIFICATEHOLDERS OF CWALT, INC., NO.:
ALTERNATIVE LOAN TRUST 2004-29CB,
MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2004-29CB
Plaintiff,
VS.
Jennette L.Winnyk;
Defendant.
REQUEST FOR CONCILIATION CONFERENCE
Pursuant to the Administrative Order dated February 28, 2012 governing the Cumberland
County Residential Mortgage Foreclosure Diversion Program,the undersigned hereby certifies
as follows:
1. Defendant is the owner of the real property which is the subject of this mortgage
foreclosure action;
1. Defendant lives in the subject real property,which is defendant's primary residence;
2. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion
Program"and has taken all of the steps required in that Notice to be eligible to participate in
a court-supervised conciliation conference.
The undersigned verifies that the statements made herein are true and correct. I understand
that false statements are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn
falsification to authorities.
Signature of Defendant's Counsel/Appointed Date
Legal Representative
Signature of Defendant Date
Signature of Defendant Date
Zucker,Goldberg&Ackerman, LLC
XCP-168705
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
THE BANK OF NEW YORK MELLON FKA THE BANK CIVIL DIVISION
OF NEW YORK,AS TRUSTEE FOR THE
CERTIFICATEHOLDERS OF CWALT, INC., NO.:
ALTERNATIVE LOAN TRUST 2004-29CB,
MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2004-29CB
Plaintiff,
VS.
Jennette L. Winnyk;
Defendant.
CASE MANAGEMENT ORDER
AND NOW,this day of 120 ,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
XCP-168705
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
XCP-168705
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny RAnderson FILED • Or
Sheriff i
1
HE Po H,tC -I.
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
eFiS5,RIFF
Hil f4OV 26 nN 11: 2
CUMBERLAND COUNTY
PENNSYLVANIA
The Bank of Ney York mellon fka The Bank of New York, as Trustee for
vs.
Jennette L Winnyk
Case Number
2014-6488
SHERIFF'S RETURN OF SERVICE
11/10/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Jennette L Winnyk, but was unable to locate the Defendant in the
Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within
Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure
according to law.
11/10/2014 09:08 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: Jennette L Winnyk, 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 522
North Bedford Street, Carlisle Borough, Carlisle, PA 17013. Residence is vacant.
11/18/2014 The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in
Mortgage Foreclosure returned by the Sheriff of Dauphin County, the within named Defendant Jennette L
Winnyk, not found. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within
record.
SHERIFF COST: $64.78 SO ANSWERS,
November 20, 2014 RON& R ANDERSON, SHERIFF
;rl CountySuite Sher.`r, Tolenso Inc
Shelley Ruhl
Real Estate Deputy
Matthew L. Owens
Solicitor
Commonwealth of Pennsylvania
County of Dauphin
Dauphin County
101 Market Street
Harrisburg, Pennsylvania 17101-2079
ph: (717) 780-6590 fax: (717) 255-2889
Jack Lotwick
Sheriff
Jack Duignan
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
THE BANK OF NEW YORK MELLON
F/K/A THE BANK OF NEW YORK, ET AL
VS
JENNETTE L. WINNYK
Sheriffs Return
No. 2014-T-2970
OTHER COUNTY NO. 2014-6488
I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and
return, that I made diligent search and inquiry for JENNETTE L. WINNYK the DEFENDANT named
in the within COMPLAINT IN MORTGAGE FORECLOSURE and that I am unable to find him/her in
the County of Dauphin, and therefore return same NOT FOUND, NOVEMBER 14, 2014.
PER MS. NYAUNDI, RESIDENT OF ADDRESS 290 JOYA CIRCLE, HARRISBURG, PA 17112,
THE DEFENDANT DOES NOT RESIDE THERE.
Sworn and subscribed to
before me this 17TH day of November, 2014
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Karen M. Hoffman, Notary Public
City of Harrisburg, Dauphin County
My Commission Expires January 8, 2018
So Answers,
A(),ex,c_
Sheriff of
By
Deputy Sheriff
Deputy: W CONWAY
Sheriffs Costs: $49.25 11/13/2014