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HomeMy WebLinkAbout14-7372 Supreme Court of Pennsylvania 1 . 1 Cou,,��r,,tSdf Coni fton Pleas l''�V&G'DVe1i Sheet For Prothonotary Use Only. County Docket No: The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or-rules of court. Commencement of Action: S ® Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking ' E Lead Plaintiffs Name: Wells Fargo Bank,N.A. Lead Defendant's Name: SONYA G. CHILDRESS C 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 MD!Appeal? ❑Yes ® No l Name of Plaintiff/AppeIlant's Attorney: Scott A.Dietterick,Esq.c/o Zucker,Goldberg&Ackerman,LLC A ❑ Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE.If you are making more than one type of claim,check the one that 1 you consider most important. f 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 ❑ Product Liability(does not include mass tort) ❑ Employment Dispute: ElSlander/Libel/Defamation Discrimination E ❑ Other: ❑ Employment Dispute: Other C ❑ Zoning Board 1 T ❑ Other: I MASS TORT ❑ Other: Q ❑ Asbestos ❑ Tobacco N ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Other: r_1 Ejectment ❑ Common Law/Statutory Arbitration ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment $ ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non-Domestic Relations PROFESSIONAL LIABILITY ® Mortgage Foreclosure:Residential Restraining Order ❑ Mortgage Foreclosure:Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 111112011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A., CIVIL DIVISION Plaintiff, )V J 73v rI. SONYA G. CHILDRESS; TYPE OF PLEADING Defendant. CIVIL ACTION -COMPLAINT - 4' TO: DEFENDANT IN MORTGAGE FORECLOSURE YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY(20)DAYS FROM SERVICE HEREOF ORA DEFAULT JUDGMENT MAY BE FILED ON BEHALF OF: ENTERED AGAINST YOU. Wells Fargo Bank, N.A. r I HEREBY CERTIFY THAT THE ADDRESS Plaintiff OF THE PLAINTIFF IS: 3476 Stateview Blvd. Ft.Mill,Sc 29715 COUNSEL OF RECORD FOR THIS PARTY: AND THE DEFENDANT: ZUCKER, GOLDBERG &ACKERMAN, LLC 6147 Galleon Drive Mechanicsburg,PA 17050-2917 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 Ralph M. Salvia, Esquire-Pa I.D.#202946 THE REAL ESTATE AFFECTED BY THIS LIEN IS 6147 Galleon Drive Mecha icsburg PA 17050-2917 Jaime R.Ackerman, Esquire- Pa I.D. #311032 Munici all : Ha den Jana Fridfinnsdottir, Esquire- Pa I.D. #315944 Brian Nicholas, Esquire- Pa I.D. #317240 Denise Carlon, Esquire- Pa I.D.#317226 ATTORNE-Fo Roger Fay, Esquire; PA I.D.#315987 ATTY FILE NO.:XWP 191949 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500 Atty File No.: XWP-191949 Rff- �1C/ as6 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY(30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY(30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, VS. NO.. SONYA G. CHILDRESS; 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 32 S. Bedford Street Cumberland County Bar Association Carlisle, PA 17013 32 S. Bedford Street Phone (800) 990-9108 Carlisle, PA 17013 Phone(800) 990-9108 (717)249-3166 (717)249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. . CIVIL DIVISION Plaintiff, VS. NO.. SONYA G. CHILDRESS; Defendant. AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de la demanda establecida en las siguientes paginas, debe tomar accion dentro de los prdximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso respondiendo personalmente o por medio de un abogado una comparecencia esc rita y radicando en la Corte por escrito sus defensas y objeciones a las demandas establecidas en su contra. Se le advierte de que si usted falla en tomar accion como se describe anteriormente, el caso puede proceder sin usted sin previo aviso y un fallo por cualquier suma de dinero reclamada en la demanda 0 cua Iquier otra reclamacion o remedio solicitado por el demandante, puede ser dictado en contra suva propiedades u otros derechos importantes para usted. por la Corte. Usted puede perder dinero 0 LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO I'NMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO 0 NO PUEDE PAGAR UNO, LLAME 0 VAVA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND&LAWYER REFERRAL SERVICE NOTICE TO DEFEND LAWYER REFERRAL Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street � Carlisle, PA 17013 32 S. Bedford Street Phone(800) 990-9108 Carlisle, PA 17013 (717)249-3166 Phone (800) 990-9108 (717)249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. 3476 Stateview Blvd. CIVIL DIVISION Ft. Mill, SC 29715 NO.. VS. Plaintiff, SONYA G. CHILDRESS 6147 Galleon Drive Mechanicsburg, PA 17050-2917; Defendant. CIVIL ACTION -COMPLAINT IN MORTGAGE FORECLOSURE And now comes Wells Fargo Bank, N.A., by its attorneys,Zucker, Goldberg&Ackerman, LLC, and files this Complaint in Mortgage Foreclosure as follows: 1• The Plaintiff is Wells Fargo Bank, N.A., 3476 Stateview Blvd., Ft. Mill, SC 29715 (hereinafter"plaintiff"). 2• The Defendant(s) is/are SONYA G. CHILDRESS, with a last known address of 6147 Galleon Drive, Mechanicsburg, PA 17050-2917. 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 partial) or completely redacted on the exhibits to this complaint. Y 4. Wells Fargo Bank, N.A., directly or through an agent, has possession of the Promissory Note. Wells Fargo Bank, N.A. 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 May 28, 2009, SONYA G. CHILDRESS made, executed and delivered to Wells Fargo Bank, N.A. a Mortgage in the original principal amount of$229,500.00 on thepremises 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 June 3 2009, Instrument#200918577. The mortgage is a matter of public record and is incorporated herenI 062-PA-VS Zucker,Goldberg&Ackerman, LLC 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. The aforesaid Note and/or Mortgage was modified pursuant to a Loan Modification Agreement dated June 1, 2012. A copy of said Modification Agreement is marked Exhibit C, attached hereto and made a part hereof 7. Plaintiff is the current mortgagee. 8. Sonya G. Childress, an adult individual is the record and real owner of the aforesaid mortgaged premises. 9• 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. 10. As of 12/11/2014 the amount due and owing Plaintiff on the mortgage is as follows: Principal $231,537.46 Interest $21,541.45 From 02/01/2013 to 12/11/2014 Late Charges $0.00 Escrow Advance $6,898.71 Property Inspections $0.00 Property Preservation $0.00 BPO/Appraisals $0.00 Escrow Balance $0.00 Corporate Advance Credit $0.00 Total 259,977.62 Plus interest and all other additional amounts authorized under$he 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. 062-PA-V5 Zucker, Goldberg&Ackerman, LLC i 11. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant. 12. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant, but reserves its right to do so in a separate legal action if such right exists. If Defendant has 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 $259,977.62 with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. ZUCKER, GOLDB , LLC Dated: 2 � j�, BY: Scott A. Dietterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Joel A.Ackerman, Esquire; PA I.D.#202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D.#202946 Jaime R.Ackerman, Esquire; PA I.D.#311032 Jana Fridfinnsdottir, Esquire; PA I.D.#315944 Brian Nicholas, Esquire; PA I.D. #317240 Denise Carlon, Esquire; PA I.D.#317226 Roger Fay, Esquire;.PA I.D.#315987 Attorneys for Plaintiff XWP-191949/bbec 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908)233-1390 FAX Email: Office@zuckergoldberg.com THIS IS AN ATTEMPT TO COLLECT A DEBT,AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 062-PA-VS Zucker,Goldberg&Ackerman, LLC EXHIBIT A Zucker,Goldberg&Ackerman, LLC 062-PA-V5 NOTE LEMOYNB PENNSYLVANIA MAY 26, 2009 [Statel [City) City) 6147 GALLEON DRIVE #61471 MECHANICSBURG, PA 17050 [Property Addrcssl I, BORROWER'S PROMISE TO PAY ...229,500.00 this amount is called"Principal"), In return for a loan that I have received,I promise to pay U.S.$ plus interest,to the order of the Lender.The Lender is WELLS FARGO BANK, N.A. I will make all payments under this Note in the form of cash,check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the"Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6.125 %. I will pay both before and after any default described in Section 6(B) The interest rate required by this Section 2 is the rate of this Note. 3. PAYMENTS (A)Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1ST day of each month beginning on JULY, 2009 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal.If,on JUNE 1, 2039 I still owe amounts under this Note,I will pay those amounts in full on that date,which is called the"Maturity Date." WELLS FARGO BANK, N.A. X 11701, NNWARK, NJ I will make my monthly payments ator at a different l erent placeif required by he Note Holder. 07101-4701 (B)Amount of Monthly Payments ,.�,,.1,394.47 My monthly payment will be in the amount of U.S.$ 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 Prepayment, 1 will tell he 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 Note. may make a full Prepayment or partial Prepayments without paying a Prepayment charge.The Note Holderwill y my Prepayments to reduce the amount of Principal that I owe under this Note. However, he Note Holder may il1 my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce he 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. a e e erre a i Form 3200 rpt ,ATE FIXED RATE NOTE•Single Family.Fannie MaelFraddle Mac UNIFORM INSTRUMENT VMP5N(09031.00 VMP Initiate. Page 1 of 3 NMFL 33200 ICNOTt Rev 3/2009 I 5. LOAN CHARGES if a law,which applies to this loan and which sets maximum loan charges,is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits,then(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from me which exceeded permitted limits will be refunded to me.The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me.If a refund reduces Principal,the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A)Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment the end of 15 5.000 calendar%of after the date it is due,I will pay a late charge to the Note Holder.The amount of thea charge will be my overdue payment of principal and interest.I will pay this late charge promptly but only once on each late payment. (B)Default If I do not pay the full amount of each monthly payment on the date it is due,I will be in default. (C)Notice of Default If 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 I am in default at a later time. (E)Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above,the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law.Those expenses include,for example,reasonable attorneys'fees. 7. GIVING OF NOTICES notice that must be given to me under this Note will be given by Unless applicable law requires a different method, any delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A)above or at a different address if 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 promises made in this Note.The Note Holder may enforce its rights under this Note against each person individually or against all of us together.This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment"means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor"means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. Form 3300 1101 MUL ASE FIXED RATE NOTE-Single Family-Famle MaetFreddle Mec UNIFORM INSTRUMENT VMPSN 108031.00 VMP� Initlalc Pepe 2 of S Wallen Kluwer Flnenclal S.MM 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 Trust,or Security Deed(the"Security Instrument"),dated the same date as this Note,protects the Note Holder from possible losses which might result if I do nook a ired to makhe e immediate hie payment in full I make in this Note.That Security Instrument describes how and under what conditions I may be req of all amounts I owe under this Note.Some of those conditions are described as follows: oliosolor transferred(or if Borrower is If all or any pan of the Property or any Interest in the Property rior written not a natural person and a beneficial interest in Borrow firilis of fall sumd or s secured by othi Sut necuritypinstrument consent, Lender may require immediate payor Applicable Law. However,this option shall not be exercised by Lender if such exercise is prohibited by App 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 sutras secured by this Security Instrument.if Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security instrument without further notice or demand on Borrower. WITNESS THE HAND(S)AND SEAL(S)OF THE UNDERSIGNED. (Seal) (tel) -Borrower SONYA G CU11MR1138 -Borrower I (Seal) (Seat) -Borrower -Borrower (Seal) -B orrower r -Borrower (Seal) (Seal) _Borrower -Borrower (Sign Original OnlyJ Fw.3200 1IDS i rATE FIXED RATE NOTE•Single F—Ily-F-9.MeelFreAEh Mx UNIFORM INSTRUMENT VMP6NPage0 3 01 3 VMP waltere KWwet Flnenclet Servlcm i EXHIBIT B Zucker,Goldberg&Ackerman, LLC 062-PA-V5 LEGAL DESCRIPTION ALL that certain Unit,being Unit No. 146(the"Unit")of Silver Creek at Hampden,A Townhome Condominium(the "Condominium"),located in Hampden Township,Cumberland County,Pennsylvania,which Unit is designated in the Declaration of Condominium of Silver Creek at Hampden,A Townhome Condominium(the"Declaration of Condominium")recorded in the Office of the Cumberland County Recorder of Deeds in Miscellaneous Book 724,Page 70 and in the Declaration Plats and Plans recorded simultaneously in the aforesaid Office in Right of Way Plan Book 13, Page 130,together with any and all amendments thereto. TOGETHER with the undivided percentage interest in the Common Elements appurtenant to the Unit as more particularly set forth in the aforesaid Declaration of Condominium,as last amended. TOGETHER with the right to use the Limited Common Elements applicable to the Unit being conveyed herein,pursuant I to the Declaration of Condominium and Declaration Plats and Plans,as last amended. UNDER AND SUBJECT to the Declaration of Condominium,to any and all other covenants,conditions,restrictions, rights-of-way,easements and agreements of record in the aforesaid Office,and matters which a physical inspection or survey of the Unit and Common Elements would disclose. BEING part of the same premises which Silver Creek Development Company Limited Partnership,a Pennsylvania limited partnership,as Agent,by its deed dated February 3,2005 and recorded February 8,2005 in the Office of the Recorder of Deeds in and for Cumberland County,Pennsylvania in Deed Book 267,Page 2306,granted and conveyed unto Silver Creek Development Company Limited Partnership,a Pennsylvania limited partnership,as Principal,Grantor herein. EXHIBIT C Zucker,Goldberg&Ackerman, LLC 062-PA-VS up 6/13/2012 LOAN MODIFICATION AGREEMENT PROPERTYADDRESS 6147 GALLEON DRIVE UNIT:6147 MECHANICSBURG, PA 17050-2917 THIS LOAN MODIFICATION AGREEMENT("Agreement"), made on o6/o1/2012 (the "Modification Effective Date"), by and between SONYA G CHILDRESS (the "Borrower(s)")and Wells Fargo Bank, N.A. (the"Lender", and A4 i??�-.wee-}together with the Borrower(s), the"Parties"). WITNIESSETH WHEREAS, Borrower has requested and Lender has agreed, subject to the following terms and conditions,to a loan modification as follows: NOW THEREFORE, in consideration of the covenants hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Parties, it is agreed as follows(not-Mthstanding anything to the contrary, in the Note and Security Instrument dated 05/28/2009.) 1. The modified principal balance of my Note will include all amounts and arrearages that will be past due as of the Modification Effective Date (including unpaid and deferred interest, fees, escrow advances and other costs, but excluding unpaid late charges, collectively, "Unpaid Amounts") less an), amounts paid to the Lender but not previously credited to the Modified Loan. The new principal balance of my Note will be 5232,775.74) (the "New Principal Balance"). Borrower understands that by agreeing to add the Unpaid Amounts to the outstanding principal balance, the added Unpaid Amounts accrue interest based on the interest rate in effect under this Agreement. Borrower also understands that this means interest will now accrue on the unpaid interest that is added to the outstanding principal balance, which would not happen without this Agreement. 2. Interest at the rate of 5.000%will begin to accrue on the New Principal Balance as of o6/o1/20�12 and the first new monthly payment on the New Principal Balance will be due on 07/01/2012. Borrower agrees to make payments for the Modified Loan as outlined in the payment schedule below: • Years Interest Interest MonJyMnthly Total Payment Number of Rate Rate Princrow Monthly Begins On Monthly Change andyment Payment Payments Date Interount Payment ? I � 11-40 5.000 06/01/2012 $1,122.44 374.19 1,496.63 07/O1/2012 480 adjusts adjusts annually annually after 1 after 1 year year *The escrow payments may be adjusted periodically in accordance with applicable law and therefore my total monthly payment may change accordingly. The above terms in this Section 2 shall supersede any provisions to the contrary in the.Note and Security Instrument, including but not limited to, provisions for an adjustable,step or simple interest rate. Borrower understands that, if I have a pay option adjustable rate mortgage loan, upon modification, the minimum monthly payment option, the interest-only or any other payment options will no longer be offered and that the monthly payments described in the above payment schedule for my Modified Loan will be the minimum payment that will be due each month for the remaining term of the Loan. My Modified Loan will not have a negative amortization feature that would allow me to pay less than the interest due resulting in any unpaid interest being added to the outstanding principal balance. 2. EXTENSION. This Agreement hereby modifies the following terms of the Note and Security Instrument described herein above as follows: A. The current contractual due date has been extended from 01/01/2012 to 07/01/2012.The first modified contractual due date is on 07/01/2012. B. The maturity date has been extended from 06/39(month/year) to.June 01, 2052. C. The amount of interest to be included(capitalized)will be U.S. $6,804.54• D. The amount of the Escrow Advance to be capitalized will be U.S. $1,940.77. E. The amount of Recoverable Expenses*to be capitalized will be U.S. $3,05$.75. x.Recoverable Expenses may include,but are not limited to:Title,Attorney fees/costs, BPO/Appraisal, and/or Property Preservation/Property Inspections F. I agree to pay in full any amounts still owed under the Note and Security Instrument by the earliest of: (i)the date I sell or transfer an interest in the property, (ii) the date I pay the entire New Principal Balance, or(iii) the maturity date. G. Borrower agrees that certain amounts owed will not be capitalized, waived, or addressed as part of this Agreement,and will remain owed until paid.These amounts owed are referenced in the Cover Letter to this Agreement,which is incorporated herein, and are to be paid with the return of this executed Agreement. If these amounts owed are not paid with the return of this executed Agreement, then Lender may deem this Agreement void. 3. NOTE AND SECURITY INSTRUMENT. Nothing in this Agreement shall be understood or construed to be a satisfaction or release, in whole or in part of the Borrower's obligations under the Note or Security Instrument. Further, except as otherwise specifically provided in this Agreement, the Note and Security Instrument will remain unchanged, and Borrower and Lender will he bound by, and shall comply with,all of the terms and provisions thereof, as amended by this Agreement. 4. The undersigned Borrower(s) acknowledge receipt and acceptance of the Loan Modification Settlement Statement. Borrower(s)agree with the information disclosed in and understand that I/Nve am/are responsible for payment of any outstanding balances outlined in the Loan Modification Settlement Statement. 5. If included, the undersigned Borrower(s) acknowledge receipt and acceptance of the Truth in Lending statement. 6. If included, the undersigned Borrower(s)acknowledge receipt and acceptance of the 1-4 Family Modification Agreement Rider Assignment of Rents. 7. If included,the undersigned Borrower(s) acknowledge receipt and acceptance of the Notice of Special Flood Hazard disclosure. 8. This Agreement is conditioned upon the receipt of the 1-4 Family Modification Agreement Rider Assignment of Rents, if included, specified in the attached cover letter,which is incorporated herein by reference. 9. That(he/she/they) (is/are)the Borrower(s)on the above-referenced Mortgage Loan serviced by Wells Fargo Bank, N.A.. That(he/she/they)have experienced a financial hardship or change in financial circumstances since the origination of(his/her/their)Mortgage Loan. That(he/she/they) did not intentionally or purposefully default on the Mortgage Loan in order to obtain a loan modification. CORRECTION AGREEMENT. The undersigned borrower(s),for and inconsideration of the approval, closing and funding of this Modification, hereby grants Wells Fargo Bank, N.A.,as lender,limited power of attorney to correct and/or initial all typographical or clerical errors discovered in the Modification Agreement required to be signed. In the event this limited power of attorney is exercised, the undersigned will be notified and receive a copy of the document executed or initialed on their behalf. This provision may not be used to modify the interest rate, modify the term,modify the outstanding principal balance or modify the undersigned's monthly principal and interest payments as modified by this Agreement.Any of these specified changes must be executed directly by the undersigned.This limited power of attorney shajLautomatically terminate in 12o days from the closing date of the undersigned's Modification. (Borrower(s) initial) IN WITNESS WHEREOF,the Parties hereto have executed this Agreement as the date first above written. By signing this Agreement I hereby consent to being contacted concerning this loan at any cellular or mobile telephone number I may have. This includes text messages and telephone calls including the use of automated dialing systems to contact my cellular or mobile telephone. You will not be billed by your cellular or mobile carrier for any text messages you may receive from Wells Fargo,however, anv calls we place to your cellular or mobile phone NAIL incur normal airtime charges assessed by your mobile carrier. Dated as of this f day of ,20 Z SONYA G 0 DRESS Signature Signature Signature Ashley M. Larson Vice President Loan Documentation IV lls Far o ank, N.A. Name: Its: VERIFICATION Jasmin McLean, hereby states that he/ he is Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff in this matter, that he/®is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/ e9information 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:Jasmin McLean Title: Vice President Loan Documentation Company: Wells Fargo Bank, N.A. Date: 12/12/2014 086-PA-V2 File#191949 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA- Wells ENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION >, Plaintiff, VS. NO.. SONYA G. CHILDRESS ak/a SONYA CHILDRESS; 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 work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forwa rd. Zucker,Goldberg&Ackerman,LLC XW P-191949 IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE.TIDS PROGRAM IS FREE. ZUCKER, OL E G ACKERMAN, LLC By: Dated: December ,2014 ScbtfA.tetterick, 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 XWP-191949/emed 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 (908)233-8500; (908) 233-1390 FAX Email: Office@zuckergoIdberg.com Zucker,Goldberg&Ackerman,LLC XW P-191949 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 XWP-191949 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 2nd 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 XW P-191949 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 XW P-191949 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, VS. NO.. SONYA G. CHILDRESS ak/a SONYA CHILDRESS; 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 XW P-191949 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, VS. NO.. SONYA G. CHILDRESS ak/a SONYA CHILDRESS; Defendant. 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 XW P-191949 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 XW P-191949 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFC E TkE., K ;? U1C ';' ! t� 1i PEtitiS i Wells Fargo Bank vs. Sonya Childress Case Number 2014-7372 SHERIFF'S RETURN OF SERVICE 12/30/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Sonya Childress, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Complaint in Mortgage Foreclosure according to law. 01/02/2015 08:53 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Sonya Childress at 6147 Galleon Drive, Hampden Township, Mechanicsburg, PA 17050. 11%*11V, 4miolw N G ALL, DE13D-1Y- 01/05/2015 The requested Complaint in Mortgage Foreclosure returned by the Sheriff of Dauphin County, the within named Defendant Sonya Childress, not found. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $58.50 SO ANSWERS, January 08, 2015 (c) CountySuiLe Sheriff, Toleosoft. RONZ ANDERSON, SHERIFF 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 WELLS FARGO BANK, N.A. VS SONYA G. CHILDRESS Sheriffs Return No. 2015-T-0002 OTHER COUNTY NO. 2014-7372 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 SONYA G. CHILDRESS 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, JANUARY 5, 2015. PER RESIDENT OF ADDRESS 6965 NEW OXFORD ROAD, APT. G, HARRISBURG, PA 17112, SURNAME KEEFER, THE DEFENDANT DOES NOT RESIDE THERE. Sworn and subscribed to before me this 6TH day of January, 2015 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County My Commission Expires January 8, 2018 So Answers, Sheriff of D By Deputy Sheriff Deputy: W CONWAY Sheriff's Costs: $49.25 1/2/2015 hin Co