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HomeMy WebLinkAbout14-6608 Supreme Court-of Pennsylvania a ' Cour' Pleas For Prothonotary Use Only: 'l1vatc"et S eet � s CU' BEANO Coun ty Docket No: i The information collected on this form is used solely for court administration purposes. This form does not supplement or replace thefiling and service ofpleadings or other a ers as required by law or rules o court. Commencement of Action: S O Complaint ❑Writ of Summons ❑Petition ❑Transfer from Another Jurisdiction 171 Declaration of Taking + E Lead Plaintiff's Name: DEUTSCHE BANK NATIONAL Lead Defendant's Name: DANIEL J.ECK A/K/A DANIEL ECK C TRUST COMPANY,AS TRUSTEE FOR SOUNDVIEW + T HOME LOAN TRUST 2006-WF2,ASSET-BACKED � I CERTIFICATES,SERIES 2006-WF2 � � Dollar Amount Requested: ❑ within arbitration limits 0 Are money damages requested. ❑Yes 0 No (Check one) 9 outside arbitration limits N Is this a Class Action Suit? ❑ Yes 9 No Is this an MDJ Appeal? ❑Yes 0 No A Name of Plaintiff/Appellant's Attorney: Jonathan Lobb,Esq.,Id.No.312174 Phelan HallinanLLP ❑ Check here if you have no attorney(are a Self-Represented [Pro Sel Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE.If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑Intentional ❑Buyer Plaintiff Administrative Agencies ❑Malicious Prosecution ❑Debt Collection: Credit Card ❑Board of Assessment ❑Motor Vehicle ❑Debt Collection:Other ❑Board of Elections ❑Nuisance ❑Dept. of Transportation ❑Premises Liability ❑Statutory Appeal: Other ❑Product Liability(does not S include mass tort) ❑Employment Dispute: ❑Slander/Libel/Defamation Discrimination E ❑Other: ❑Employment Dispute:Other ❑Zoning Board C ❑Other: T I MASS TORT ❑Other: 0 ❑Asbestos N ❑Tobacco ❑Toxic Tort-DES ❑Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑Ejectment ❑Common Law/Statutory Arbitration B ❑Other: ❑Eminent Domain/Condemnation ❑Declaratory Judgment ❑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: 0 Other Professional: F _ Pi(Cl(HT 01Y t.�Y 20,1 ROV 14 A,M ICS' 3 S CUMBERLAND COUNTY PENNSYLVANIA PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR SOUNDVIEW HOME LOAN CIVIL DIVISION TRUST 2006-WF2, ASSET-BACKED CERTIFICATES, SERIES 2006-WF2 NO.: C/O WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff, vs. DANIEL J. ECK A/K/A DANIEL ECK 6 BELLAIRE AVENUE CARLISLE, PA 17013-9699 Defendant. CIVIL ACTION- COMPLAINT IN MORTGAGE FORECLOSURE And now comes DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR SOUNDVIEW HOME LOAN TRUST 2006-WF2, ASSET-BACKED CERTIFICATES, SERIES 2006-WF2, by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage Foreclosure as follows: /1 4 jt5- r7 5- 062-PA-V5 /y7ZZ9 7 1. The Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR SOUNDVIEW HOME LOAN TRUST 2006-WF2, ASSET-BACKED CERTIFICATES, SERIES 2006-WF2, C/O WELLS FARGO BANK, N.A., 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). 2. The Defendant is, DANIEL J. ECK A/K/A DANIEL ECK, with a last known address of 6 BELLAIRE AVENUE, CARLISLE, PA 17013-9699. 3. In order to protect the borrower's privacy, certain personal information of the borrower (such as loan account, Social Security numbers and birth dates), may have been partially or completely redacted on the exhibits to this Complaint. 4. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR SOUNDVIEW HOME LOAN TRUST 2006-WF2, ASSET-BACKED CERTIFICATES, SERIES 2006-WF2, directly or through an agent, has possession of the Promissory Note. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR SOUNDVIEW HOME LOAN TRUST 2006-WF2, ASSET-BACKED CERTIFICATES, SERIES 2006-WF2 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. 5. On or about September 15, 2006, DANIEL J. ECK made, executed and delivered to WELLS FARGO BANK, N.A. a Mortgage in the original principal amount of$124,200.00 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 CUMBERLAND County on September 21, 2006, in Book 1966, Page 3510. 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. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded 062-PA-VS September 15, 2014 the mortgage was assigned to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR SOUNDVIEW HOME LOAN TRUST 2006-WF2 ASSET BACKED CERITIFCATES, SERIES 2006-WF2 which Assignment is recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 201420745. 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. DANIEL J. ECK A/K/A DANIEL ECK is the record and real owner of the aforesaid mortgaged premises. 8. Defendant is in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the installments of principal and interest due March 1, 2013. 9. As of 11/04/2014, the amount due and owing Plaintiff on the mortgage is as follows: Principal $118,677.55 Interest $13,563.04 From 02/01/2013 to 11/04/2014 Late Charges $163.92 Escrow Advance $6,029.99 Property Inspections $0.00 Property Preservation $0.00 BPO/Appraisals $0.00 Escrow Balance $0.00 Corporate Advance Credit $0.00 Total $138,434.50 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 062-PA-V5 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. 10. 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). 11. 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$138,434.50, with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. By: Date: I(O'�� Jonath bb, Esq., Id. No.312174 Attorney for Plaintiff 062-PA-VS NOTICE You have been sued in Court. If you wish to defend against the claims 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 DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 (717)249-3166 (800)990-9108 File#: 946270 Exhibit "A" ADJUSTABLE RATE NOTE - C6-Month LIBOR Index-Rate Caps) (Assumable during Life of Loan) (First Business Day of Preceding Month Lookback) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT NY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE L MUST PAY. SEPTEMBER 15, 2006 CARLISLE lata PENNSYLVANIA 6 BELLAIRE AVE. CARLISLE, PA 17013 Qty State AW 1. BORROWER'S PROMISE TO PAY ,'p• r ) In return for a loan that I have received. I promise to pay U.S. a 124,200.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Londer is WELLS FARGO BANK N A. I will sake all payments under this Note in the form .of cash, check or money order. I understand that the Lender may transfer this Note. The Leder or anyone who takes this Note by Lender 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 _ t.l75i, The Interest rate I will pay will 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 I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and Interest by making a Payment every month. L will make my monthly payment on the first day of each month beginning on NOVEMBER 1, 2006 I will make these.payaents every- month.until I have,paid alt 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 data and will be applied to Interest before Principal. If•, on OCTOBER 12036 I still owe amounts under this Note> mounts in I will Pay those a full on that date, which is Called the '"Maturity Date." I will make my MonthlythoPayments as at WELLS FARGO BANK N.A. P.O. BOX 17339, BAL7I ORE, MD •21297-1339 or at a different plaeo 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. a change, 948-20 .. 'This amount may (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 now Interest rate and the changed amount Of my monthly payment in accordance with Section 4 of this Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rata I will pay may change on the first day of OCTOBER. 2005 and way change on that day every 6th month thereafter. Each data on which , Change Is called an "Change Date." my .interest rate could ADJUSTABLE RATE NOTE-6-Month LIBOR Index (Assumable during Life Of Loan)--Freddie Nae UNIFORM INSTRUMENT Inhia 7 of 5 PIMA REV.06106A6 I �i'r•-.• ..�;f�•� •�N (g)-Theltldex Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the six-month London Interbank Offered Rat* ("LIBOR") which is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market, as published in "The Wall Street Journal." The most recent Index figura , available as of the first business day of the month immediately preceding the month In which the Change Date occurs is called the "Current. Indox.11 If the Index is no longer available. the Note Holder will choose a new index which is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each thange Date, the Note Holder will calculate my new interest rate by adding six and one-half percentage pointts) ( 6.500x) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125x). SubJ*Ct 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 now amount of my monthly payment. (0) Limits on Interest Rate Changes The interest rate I an required to pay at the first Change Date will not be greater than 11-87S X or less than 6.500 z, Thereafter, my interest rate will never be increased or decreased on any single Change Date by mor* than one peregatage point(s) c 1,000%) from the rate of interest I have been paying for the preceding_A months. My interest rate will never be greater than 14,875 z, (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 Chang* Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rat* 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 s 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 atany time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Propsyment.- I will toll the Note Holder in writing that I am doing so. I may not designato a payment as a Prepayment if I have not made all the monthly payments due under the Nota. I may sake a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Molder will use my Prepayments to reduce the amount of Principal thit I owe under this Note. Howov*r, the Not* 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 Mots. if I make a partial Prepayment, there will be no changes in the due dates of my :onthly payment 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 lean 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 m* which exceeded permitted limits will be refunded to me. The Mote Holder way choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to no. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. In'rtats: 2 at$ PID09C REV.06=106 t � • � • t `" .�; ,, "•. 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 and 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 interest during the period when my payment is interest only, and of principal and interest after that. I will pay this lata charge promptly but only once on each late payment. (8) Default If I do not pay the full amount of each monthly payment on the date it is duo, I will be in default. (C) Notice of Default If I am in default, the Nota Holder way send me a written notice telling we that if I do not pay the overdue amount by a certain date, the Nota Holder gay require me to pay iau*dlately 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. (0) No Waiver by Note Holder Even if, at a time when I an 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 no to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, ' reasonable attorneys' foes. S. GIVING OF NOTICES Unless aPPlicablo law requires a different methods any notice that must be given to we under this Not$ will be given by delivering it or by mailing it by first class mail to at 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 Not$ 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. 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 made in this Note, including the promise to pay the full amount owed. Any parson who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over those 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 Nota. 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 Nota 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 "quire the Note Holder to give notice to other parsons that amounts due have not been paid. 11, UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some 3urlsdictlons. In addition to the protections given to the Note molder under this Note, a Mortgage. Deed of Trust, or Security Deed (the "Security instrument"), doted the some date es this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I ask* in this Note. That Security Instrument describes how and under what conditions I ■ay be requirad to sake immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: ' iRh�ars• a or s 10009E M.MMM .�_ i � ���1 t � � This space intentionally left blank Transfer of the Property or a Beneficial Interest in Borrower. As used in this section IS, "Interest in the Property" weans any legal or beneficial interest in the Property, Including, but not limited to, those beneficial interests transferred in deed, contract for dead, installment sales contract or escrow agreement, the intent of which is r transfer Of title. by Borrower at a future date to a bond far Purchaser. the If all or any part of the Property or an Borrower is not a natural Y Interact !n the Property !s sold or transfereed' or it without Lander s person and a 'Londebenefieeaa interest in Barrawer is sold or transferred) Prior written Instrument. However, may require immadlate payment in full of all suns secured by this Security Id by A pil However, this option shall not be exorcised by Of if such exercise is prohibited by Applicable Law. Lander also shall not exercise this option ii Borrower causes to be submitted to Lender -information required by Lender to evaluate Ehe intended transferee as-lf a new-loan were being made to the transfer**; and Ibl tender reasonably `e) detarbreac that Landers security will not be impaired by the loan assumption and Of a breach of any covenant or agreement in this Security 'Instruaent Is acceptable to that the risk To the extant Permitted by Applicable Law Lender, Lender aaY charge a reasonable fee ation to Lenders consent to the loan assumption. Lender may also require the transferee to sign an s a condi 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 Borrower to be obligated under the Note and this Secu Borrower in writing, rity Instrument unless Lender releases If Lender exercises, the option to r*Qulr* emmediets payment In full. Lender shall give Borrower. notice of acceleration. The notice shall provide a period of not less than 30 days from the notice .is 41ren in accordance with Section 15 within - Borrower must by this Security Instrument, If Borrower fails to the dots Pay these sums pay all sun secured Period, Lender may Invoke any remedies permitted by this the Instrumenherithouttlon of frthis notice or demand on Borrower, I Initbls1 40 100MG REV.MARK 1 � n 7 h��� �. .:.�..�r a WITNESS THE HANDM AND SEALCS) OF THE UNDERSIGNED. (Sisal) DANT J K Borrovar OF r/SAWtr EX so. 'Sots 10" REV.owzm 30� c7:i�►r, 'All . 'r r • I ' I ADDENDUM TO NOTE (Prepayment) THIS ADDENDUM is made this ..110...... .day of ,SEPTEMBER _ and Is incorporated into and Intended to form a part of the Note dated the same date As this Addendum. 1. The Note is modified to provide that I have the right to make payments of principal at any time before they are due. A prepayment of all of the unpaid principal is known as a "full prepayment" A prepayment of only part of the unpaid principal is known as a "partial prepayment" Except as provided below, I may make a full prepayment or a partial Prepayment at any time without paying any penalty. However, If within the first A#2.... (......) year(s) after the execution of the Security Instrument I make full prepayment, I will pay a prepayment charge as follows: ,,,,. If within the first year after the execution of the Security Instrument I make full prepayment, I will pay a prepayment charge in an amount equal to three pmcent (3%)of the original principal amount If within the second year after the execution of the Security Instrument I make lull prepayment, I will pay a prepayment charge in an amount equal to two percent (2%) of the original principal amount If within the third year after the execution of the Security Instrument I make full prepayment, I will pay a prepayment charge in an amount equal to one percent(1%)of the original principal amount. X. If within the first year after the execution of the Security Instrument I make full prepayment, I will pay a prepayment charge in an amount equal to three precent (3%) of the original principal amours. If within the second year after the execution of the Security Instrument I make full prepayment, I will pay a prepayment charge in an amount equal to two percent(2%)of the original principal amount. ,,,.. If within the first year atter the execution of the Security Instrument 1 make full prepayment,'I will pay a prepayment charge In an amount equal to three precent(3%)of the original principal amount. 2. In the event the maturity of the Note is accelerated for any reason during the applicable period of the prepayment charge, then the prepayment charge set forth herein shall be due and payable. 3. All interest, fees and other amounts charged or accruing in connection with the Note which are considered "interest" within the meaning of section 85 of the National Bank Act (12 USC ti 8S; 12 C.F.R. if 7.4001(a)) shall be governed by and Interpreted under South Dakota law. In all other respects, the Note and all related documents, as well as the rights, remedies, and duties of the Lender and the Borrower(s), shall be governed and interpreted by federal law with respect to national banks and, to the extent not preempted by federal law',the consumer protection laws of the state in which the real estate is located. 4. All other provisions of the Nota are unchanged by this Addendum and remain In full force and effect Dated- � (Seal) -Borrower Prepayment Addendum PP020A Rev. 06/06/06 Exhibit "B" LEGAL DESCRIPTION ALL that certain lot or tract of land situated in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Southern side of Bellaire Avenue, said point being the dividing line between Lots Nos. 22 and 23 as shown on the hereinafter mentioned Plan of Lots; thence by the Western side of Lot No. 22 on the said plan of Lots, South 12 degrees 30 minutes West 196.93 feet to a point on the Northern line of Lot No. 30 on said Plan;thence by the Northern line of Lots No. 30 and 29 on said Plan, South 81 degrees 30 minutes West, 46.88 feet to a point, a common corner of Lots Nos. 26, 29, and 23 on said Plan; thence by the Northern line of Lot No. 26, North 58 degrees 53 minutes West, 16 feet to a point; thence by the Eastern line of Lot No. 24, North 4 degrees 29 minutes West, 202.27 feet to a point on the Southern line of Bellaire Avenue; thence by the Southern line of Bellaire Avenue by a curve to the right having a radius of 85 feet, an arc distance of 52.17 feet to a point;thence still by the Southern line of Bellaire Avenue, South 77 degrees 20 minutes East 69.57 feet to a point, the dividing line between Lots No. 22 and 23, the Place of BEGINNING. BEING Lot No. 23 on the Plan of Lots known as Hill Top Manor, duly recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 11, Page 39. PROPERTY ADDRESS: 6 BELLAIRE AVENUE, CARLISLE,PA 17013-9699 PARCEL#29-15-1247-056. File#: 946270 r VERIFICATION Sonya Moore, hereby states that he/&-s Vice President Loan Documentation of WELLS FARGO BANK,N.A., mortgage servicing agent for plaintiff in this matter and that he/&?is authorized to make this Verification, and verifies that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his er information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. The Plaintiff is the investor in the mortgage which is the subject of this action and has delegated the daily servicing responsibility to WELLS FARGO BANK,N.A. Plaintiff lacks sufficient knowledge or information to execute this verification. WELLS FARGO BANK,N.A. is in possession and control of all documents and records supporting the statements in the foregoing pleading and, therefore, the undersigned,rather than an officer or employee of plaintiff, is the appropriate individual to make this Verification pursuant to Pa.R.C.P. 1024(c). Name: Sonya Moore Title: Vice President Loan Documentation Company: Wells Fargo Bank,N.A. Date: 11/05/2014 085-PA-V3 File#946270 IN THE COURT OF COMMON DEUTSCHE BANK NATIONAL TRUST COMPANY,AS PLEAS TRUSTEE FOR SOUNDVIEW HOME LOAN TRUST 2006- OF CUMBERLAND COUNTY, WF2,ASSET-BACKED CERTIFICATES,SERIES 2006-WF2 PENNSTLVANIA Plaintiff(s) vs. Defendant(s) � dc DANIEL J.ECK A/K/A DANIEL ECK /r � ivil Q� 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 an attorney,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 MidPen.n Legal Services at(717)243-9400 extension 2510 or(800)822-5288 extension 2510 and request appointment of a legal representative at not charge to you.Once you have been appointed a legal representative,you must promptly meet with the legal representative within twenty(20)days of the appointment date.During that meeting,you must provide the legal representative with all the 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 attempt to work out a 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 the 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 our 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. THIS PROGRAM IS FREE. Respectfully submitted: CI Ila Date Signature Counsel for Plaintif�r,, c� , -' - rrz air--- O c 3> F C-, Q. : DC O �• 4y v Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Please 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/PRIMA11Y APPLICANT 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? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? FINANCIAL IN17011MATION 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: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile#1: Model: Year: Amount owed: Value: Automobile 42: Model: Year: Amount owed: Value: Other transportation(automobiles, boats, motorcycles): 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" Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day/Child Care/Tuit. Other Ex enses 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: 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 you know, 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 page along with the following information to lender: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY. '_!-Ii OTHOW 'L, MEG 15 P19 3:23 1, ,� e CUMBERLAND COUNTY PENNSYLVANIA a1F'..FI .F, OF ME SHERIFF Deutsche Bank National Trust Company, As Trustee for Soundview Home vs. Daniel Eck Case Number 2014-6608 SHERIFF'S RETURN OF SERVICE 12/03/2014 08:22 PM - Deputy William Cline, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Daniel Eck at 6 Bellaire Avenue, North Middleton Township, Carlisle, PA 17013. LLIAM CLINE, DEPUTY SHERIFF COST: $41.56 SO ANSWERS, December 05, 2014 RONFR ANDERSON, SHERIFF (c) CountySui e Sherif:': Toleosoff. Inc.