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PHELAN HALLINAN & SCHMIEG, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
WELLS FARGO BANK, N.A.
3476 STATEVIEW BOULEVARD
FORT MILL, SC 29715
294466
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
V.
Plaintiff
TERESA KRAFT
235 SUSQUEHANNA AVENUE
ENOLA, PA 17025-2425
Defendant
TERM
NO.
CUMBERLAND COUNTY
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
Pile 4 294406
71* do?-
R#a?3?o3
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
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
File 4 294466
Plaintiff is
WELLS FARGO BANK, N.A.
3476 STATEVIEW BOULEVARD
FORT MILL. SC 29715
2. The name(s) and last known address(es) of the Defendant(s) are:
TERESA KRAFT,
235 SUSQUEHANNA AVENUE
ENOLA. PA 17025-2425
who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 10/16/2001 TERESA KRAFT made, executed and delivered a mortgage upon the
premises hereinafter described to COASTAL CAPITAL CORP. DBA "t'HE
MORTGAGE SHOP which mortgage is recorded in the Office of the Recorder of Deeds
of CUMBERLAND County, in Mortgage Book 1736. Page 4633. By Assignment of
Mortgage recorded 01/17/2007 the mortgage was assigned to PLAINTIFF which
Assignment is recorded in Assignment of Mortgage Book 733, Page 2968. ']'he mortgage
and assignment(s), if any, are matters of public record and are incorporated herein by
reference in accordance with Pa.R.C.P. 1019(g), which Rule relieves the Plaintiff from its
obligations to attach documents to pleadings if those documents are of public record.
4. The premises subject to said mortgage is described as attached.
5. '['he mortgage is in default because monthly payments of principal and interest upon said
mortgage due 10/01/2011 and each month thereafter are due and unpaid, and by the terms
of said mortgage, upon failure of Mortgagor to make such payments after a date specified
by written notice sent to Mortgagor, the entire principal balance and all interest due
thereon are collectible forthwith.
File 4 294406
6. "I'lle following amounts are due on the mortgage as of 04/05/2012:
Principal Balance $69,968.12
Interest $1,871.16
through 04/05/2012
Late Charges $204.14
Property Inspections $15.00
Escrow Deficit $239.74
TOTAL $72,298.16
7. Plaintiff is not seeking a judgment of personal liability (or an inersona_m judgment)
against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a
separate Action to establish that right, if such right exists. If Defendant(s) has/have
received a discharge of personal liability in a bankruptcy proceeding, this Action of
Mortgage Foreclosure is in no way an attempt to reestablish such personal liability
discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged
premises pursuant to Pennsylvania Law.
8. Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as
required by the mortgage document, as applicable, have been sent to the Defendant(s) on
the date(s) set forth thereon.
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$72,298.16, together with interest, costs, fees, and charges collectible under the mortgage
including but not limited to attorney fees and costs, and for the foreclosure and sale of the
mortgaged property.
PHEL,KN HALLINAN & SCHMIEG, LLP
By:
Rom. Cusick, Esquire Id., No. 80193
Attorney for Plaintiff
File #: 294466
LEGAL DESCRIPTION
ALL THAT CERTAIN piece or parcel of land, situate in East Pennsboro Township, Cumberland
County. Commonwealth of Pennsylvania, more particularly bounded and described as follows, to
wit:
BEGINNING at a point in the southerly line of Susquehanna Avenue at the distance of 430 feet
measured eastwardly along said line of Avenue from the northeasterly extemity of the arc or
curve having a radius of 10 feet connecting the easterly line of Wyoming Avenue with the said
line of Susquehanna Avenue, extending thence eastwardly along said line of Susquehanna
Avenue, on a line curving toward the right with a radius of 225 feet, a distance of 60 feet, thence
South 46 degrees 53 minutes 4 seconds West 140.053 feet; thence North 74 degrees 52 minutes
31 seconds West 23.344 feet; thence passing through the middle of the party wall between the
house on the lot adjoining on the West, North 31 degrees 36 minutes 20 seconds East 149.677
feet to the place of BEGINNING.
KNOWN AS 235 Susquehanna Avenue, Enola, PA 17025.
PROPERTY ADDRESS: 235 SUSQUEHANNA AVENUE, ENOLA, PA 17025-2425
PARCEL # 09-14-0832-081.
File 4 294466
VERIFICATION
Ismael Hernandez, hereby states tha he she is Vice President Loan
Documentation of WELLS FARGO BANK, N.A., plaintiff or mortgage servicing agent
for plaintiff in this matter, thaGhshe 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 o0her 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.
File #294466
Name: KRAFT
Name: Ismael Hernande
Title: Vice President Loan
Documentation
032-PA-V3
FORM 1
IN THE COURT OF COMMON PLEAS
WF,I,I.S FARGO BANK, N.A. OF CUMBERLAND COUNTY, PFNNS?Y-;.VANI AC7
Plaintiff(s)
^ rYn - M
vs.
TERESA KRAFT - "?
Defendant(s) Civil ts.
NOTICE OF RESIDENTIAL MORTGAGE FORECLO Ut
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 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 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 arguments 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.
Respe y submitte
Date Ro ert W. Cusick, Esquire Id., No. 80193
Attorney for Plaintiff
FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket #
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
10 complete your request for hardship assistance, your lender must consider your circumstances to
determine possible options while working with your counseling agency. Please provide the following
information to the best of your knowledge:
Borrower name(s):
Property Address:
City:
Is the property for sale`?
Realtor Name:
Borrower Occupied?
Mailing Address (if different):
C: ity:
Phone N umbers:
Email:
# 01' people in household:
Mailing Address:
City:
Phone Numbers:
Email:
# of people in household:
State: /I p: Yes ? No ? Listing date: Price: $
Realtor Phone:
Yes ? No ?
State:Li
Home: Office:
Cell: Other:
How long? --
State:--- - 'P: -------
Home: Office:
Cell: Other:
How long?
First Mortgage Lender:
Type of' Loan:
Loan Number: Date You Closed Your Loan:
Second Mortgage Lender:
l ype of Loan:
Loan Number:
Total Mortgage Payments Amount: $
Date of Last Payment: _
Included Taxes & Insurance:
Primary Reason for Default:
Is the loan in Bankruptcy? Yes ? No F1
II'ves, provide names, location of court, case number & attorney:
Assets Amount Owed: Value:
Home: $ _ $
Other Real Estate: $ $ _
Retirement Funds: $ _ $
Investments: $ $
Checking: $ _ $ -
Savings: $ $
Other: $ $
Automobile 41: Model: Year:
Amount owed: _ Value:
Automobile 92: Model: Year:
Amount owed: _ Value:
Other transportation (automobiles, )oats, motorcycles): Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
1.
Additional Income Description (not wages):
l . 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/Nei Ii. Fees _
Auto Insurance _ Med. (not covered)
Auto fuel/repairs Other prop. _payment
Install. Loan Payment Cable TV
Child Support/Ahin. S endin Money
Day/Child Care/"Tait. 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:
Phone (Office): _ Fax:
Counselor:
Email;
Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP)
assistance?
Yes E] No ?
If yes, please indicate the status ofthe 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 and lender's loan servicing
company:
Lender's Contact (Name):
Servicing Company (Name):
Contact:
Phone:
Phone:
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 counseling 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:
Proof of income
Past 2 bank statements
Proof of any expected income for the last 45 days
Copy of a current utility bill
Letter explaining reason for delinquency and any supporting documentation
(hardship letter)
Listing agreement (if property is currently on the market)
FORM 3
WELLS FARGO BANK, N.A.
Plaintiff(s)
vs.
f F,RESA KRAFT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL
Defendant(s)
REOUEST FOR CONCILIATION CONFERENCE
Pursuant to the Administrative Order dated 2? _, 2012 governing the
Cumberland County Residential Mortgage Foreclosure iversion Program. the
undersigned hereby certifies as follows:
Defendant is the owner of the real property which is the subject of this
mortgage foreclosure action:
2. Defendant lives in the subject real property, which is defendant's primary
residence;
?. 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 unsworn falsification to authorities.
Signature of Defendant's Counsel/Appointed
Legal Representative
Signature of Defendant
Signature of Defendant
Date
Date
Date
FORM 4
WELLS FARGO BANK, N.A.
Plaintiff(s)
vs
TERESA KRAFT
Defendant(s)
CIVIL ACTION
: IN THE COUR I OF COMMON PLLAS OF
CUMBERLAND COUN'I'Y, PENNSYI,VANIA
. NO.
CASE MANAGEMENT ORDER
AND NOW, this day of , 2012, the defendant/borrower
in the above-captioned residential mortgage foreclosure action having filed a
Request for Conciliation Conference verifying that the defendant/bolTOwcr has
complied with the Administrative Rule requirements for the scheduling of a
Conciliation Conference, it is hereby ORDERED AND DECREED that:
The parties and their counsel are directed to participate in a court-supervised
conciliation Conference on at M. in
Pennsylvania.
at the Cumberland County Courthouse, Carlisle,
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.
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 authorized representative 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.
4. 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 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.
All proceedings in this matter are stayed pending the completion of the scheduled
conciliation conference.
BY THE COURT
J.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
,0 r,
FILED-OFFICE
OP THE PPOTHOtOlfAg- y
2012 MAY - I AM 8: 16
CUMSERLA>ND COUNTY
PENNSYLVANIA
Wells Fargo Bank, N.A.
vs.
Teresa Kraft
Case Number
2012-2379
SHERIFF'S RETURN OF SERVICE
04/24/2012 04:30 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on April
24, 2012 at 1630 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and NoticE
of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Teresa
Kraft, by making known unto herself personally, at 235 Susquehanna Avenue, Enola, Cumberland County
Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct
copy of the same.
SHERIFF COST: $43.00
April 27, 2012
- .??
, z,_; 0 STEPHEN BENDER, DEPUTY
SO ANSWERS,'
RON R ANDERSON, SHERIFF
;."d- THE PROTHONI IOTA .`
PHELANHALLONAltiT SCHMIEG, LLP
1617 JFK BOULEVARD, SUITE 1400
ONE POINT CfNTER PLAZA
PHILADELPHIA, PA 19103
215-563-7,000
WELLS FARGO BANK, N.A
3476 STATEVIEW BOULEVARD
FORT MILLS, SC 29715
2012 MAY -8 AM 9. 37
CUMBERLAND COUNT`>
PENNSYLVANIA
COURT OF COMMONS PLEAS
CIVIL DIVISION
Plaintiff,
VS. TERM
TERESA KRAFT
235 SUSQUEHANNA AVE.
ENOLA, PA. 17025-2425
NO. 12-2379 CIVIL
CUMBERLAND COUNTY
Defendants,
Response to complaint in morteaae foreclosure
Defendants Teresa Kraft requests Plaintiff, WELLS FARGO BANK, N.A produce the
following documents:
DEFINITIONS
1. The terms "documents and written and electronic communications" as
used herein shall mean all original writings of any nature whatsoever and all non-
identical copies thereof in your possession, custody and control, regardless of where
located, and regardless of whether printed, or reproduced by any process, or written
and/or produced by hand, or stored in any form of mechanical or electronic
information retrieval system including computer data files, and whether or not
claimed to be privileged or otherwise excludable from discovery, and including, but not
limited to, contracts, agreements, records, tape recordings, correspondence, memoranda,
communications, reports, studies, summaries, compilations, abstracts, minutes or records
of all meetings, including directors, shareholders, and executive officer meetings, notes,
agenda, bulletins, notices, announcements, statements, instructions, charts, manuals,
brochures, schedules, price lists, telegrams, teletypes, papers, books, accounts, letters,
photographs, objects, transcriptions of oral statements, court papers, or any other tangible
thing.
2. The terms "concerning" or "concerns" as used herein shall mean
referred or referring to, alluded or alluding to, related or relating to, connected with,
regarding, describing or reflecting.
3, The terms you or your" as used herein shall mean the party to whom
is known or has been
these are directed and each and every name by which said party known and all present and former agents, employees, representatives, attorneys and all
other persons acting on its behalf of said party and may also include the original lender as
defined herein.
erson" as used herein means the plural as well as the singular
4. The term p artnershi oint venture, association,
and shall include any natural person, corporation, pp, j,
governmental agency, and every other form of entity cognizable by law.
5. The terms "and" and "or" shall be both conjunctive and disjunctive.
6. The term "original lender" as used herein shall mean the lender who
made the loan or loans as defined herein.
INSTRUCTIONS
l , You must serve a written response within thirty (30 days) after service of tivities
will this request. Your response must state that productn and
incwhich event the
is objected to,
permitted as requested or that the requested productio
reasons for your objection must be stated.
2. Documents produced for inspection must be produced as they are kept in
the usual course of business or be organized and labeled to correspond with the categories
in this request.
3. For each document withheld from production on the ground of attorney-
client privilege, work product doctrine or any other privilege:
(a) Describe the nature of the privilege.
(b) Describe the document by author, addressee or recipient, date, type
(memorandum, letter, invoice, notes, etc.) and general subject matter.
DOCUMENTS REQUESTED
i nriainals or best conies: Of any trust agreement ever concerning the Loan,
2 Ori¢inals or best copies: Of any pooling agreement ever concerning the
Loan.
3. Originals or best copies: Of any servicing agreement ever concerning the
Loan.
4. Originals or best copies: Of any custodian agreement ever concerning the
Loan.
5. Originals or best copies: Of any "mortgage loan purchase agreement" or
similar agreement together with any amendments thereto, ever concerning the Loan.
6. Originals or best copies: Of any agreement concerning any Special Purpose
Vehicle or Special Purpose Entity ("SPE") that ever held the Loan.
7. Originals or best copies: Of any agreement containing any obligation to
repurchase the Loan.
8. Originals or best copies: Of the original executed Pooling and Servicing
Agreement affecting this loan together with all exhibits thereto.
9. Originals or best copies: Of the original executed exhibits to the Pooling and
Servicing Agreement affecting this loan..
10. Originals or best copies: Of all documents concerning the repurchase or
reassignment of the Loan from the buyer or assignee back to the original seller or
assignor or to any predecessor of the buyer or assignee.
11. Originals or best copies: Of all records concerning the transfer or
assignment of the Loan between the date of execution of the note and mortgage through
to the date of your response to this request to produce starting with the first transfer or
assignment made by the original lender.
12. Originals or best copies: Of the entire Loan file together with any
documents concerning the transfer or assignment to you or any other party of the Loan,
the servicing of the Loan, the closing of the Loan, the underwriting approval for the
Loan, the funding of the Loan, and the origination and application for the Loan. Please
include all notes and entries in any logs.
13. Originals or best copies: Of any trust, transfer, depository, pooling, loan
purchase, servicing, custodian or related agreement; transfer and assignment documents;
trust or servicing documents or other documents concerning the Loan including any
agreement in which Plaintiff or the original lender were a party, not produced in response
to requests 1 through 9.
14. Originals or best coyies: Of any diagrams or graphics or other documents
which illustrate, concerning the Loan, the relationships among parties (including you, the
original lender, any assignee, any servicer, any custodian, any depository, any Special
Purpose Vehicle or Special Purpose Entity etc. etc.), the structure of the securities offered
(including the flow of funds or any subordination features) and any other material
features of the transaction concerning the Loan.
15. The original note executed for the Loan.
16. The original mortgage executed for the Loan. All original assignments
concerning the mortgage or note
'-?
By: - 7-1
LA-
Teresa raft
—Us ;
PHELAN HALLINAN, LLP
D. Troy Sellars, Esq., Id. No. 210argi AN 2 I AM I I: it 3 Attorney for Plaintiff
126 Locust Street
Harrisburg, PA 17101 CUMEERLA ND COUNT`
215-563-7000 x 1360 PENNSYLVANIA
WELLS FARGO BANK,N.A.
3476 STATEVIEW BOULEVARD Court of Common Pleas
FORT MILL, SC 29715
Civil Division
Plaintiff
v. No. 12-2379-CIVIL
TERESA KRAFT Cumberland County
235 SUSQUEHANNA AVENUE
ENOLA. PA 17025-2425
Defendant
MOTION TO LIFT CONCILIATION STAY
Plaintiff, Wells Fargo Bank, N.A. (hereinafter "Plaintiff'), by its attorney, D. Troy
Sellars, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof
avers as follows:
1. On April 17, 2012, Plaintiff filed a Complaint in Mortgage Foreclosure against
Defendant for her failure to make monthly payments of principal and interest upon her mortgage
due October 1, 2011, and each month thereafter. A true and correct copy of the Complaint is
attached hereto, made part hereof and marked as Exhibit "A".
2. On April 24, 2012,Plaintiff completed service of the Complaint in Mortgage
Foreclosure along with the Cumberland County Residential Mortgage Foreclosure Diversion
Program Notice upon the Defendant. A true and correct copy of the Sheriff's Return of Service
is attached hereto, made part hereof and marked as Exhibit `B".
3. Pursuant to the Cumberland County Administrative Order February 28, 2012,
which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the
Foreclosure action is stayed for sixty(60) days from the date of service.
788242
4. Within 60 days after service of the complaint, the Defendant may opt into the
program by filing a Request for Conciliation Conference with the Court. Upon the filing of the
request,the Court will schedule a Conciliation Conference. The program provides that
Defendant must contact MidPenn Legal Services within the first twenty(20) days of receipt of
notice if not represented by counsel.
5. If more than sixty (60) days has elapsed since the service of Notice of Residential
Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the
Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the
Diversion Program.
6. Defendant failed to opt into the Cumberland County Residential Mortgage
Foreclosure Diversion Program within sixty(60) days of service.
7. Since Defendant has opted not to participate in the Diversion Program, it is
appropriate for the stay to be lifted.
WHEREFORE, Plaintiff respectfully requests that this matter be removed from the
Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic
stay be lifted.
Respectfully submitted,
PHE ANe,• Lt AN, LLP
Date: / /7// BY: Afi
D. Tro (liars, Esquire
Attorney for Plaintiff
788242
Exhibit "A"
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PHELAN HALLINAN&SCHMIEG,LLP
1617 MK Boulevard,Suite 1400 ATTORNEY FOR PLAINTIFF
One Penn Center Plaza
Philadelphia,PA 19103
215-563-7000
294466
WELLS FARGO BANK,N.A.
3476 STATEVIEW BOULEVARD COURT OF COMMON PLEAS
FORT MILL,SC 29715
CIVIL DIVISION
Plaintiff
TERM
•
TERESA KRAFT NO. pl- p�3 g V1
235 SUSQUEHANNA AVENUE
ENOLA,PA 17025-2425 CUMBERLAND COUNTY
Defendant
CIVIL ACTION-LAW
COMPLAINT IN MORTGAGE FORECLOSURE',
teb'! 1
out to jo. to
tleCt COPY'm lead ..40 tVa44.1
co goat POI" tiOt
F11e 4: 294466
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
2 LIBERTY AVENUE
CARLISLE,PA 17013
(717)269-3166
(800)990-9108
hie ( 29446
•
\. Plaintiff is
WELLS FARGO BANK,NA.
34760T/\TBV1EW BOULEVARD
FORT MILL, SC 29715
2. The name(s) and last known address(es) of the Defendant(s) are:
TERESA KRAFT
235 SUSQUEHANNA AVENUE
ENOLA,PA 17025-2425
who is/arc the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3, On 10/16/2001 TERESA KRAFT made,executed and delivered a mortgage upon the
premises hereinafter described to COASTAL CAPITAL CORP. DBA THE
MORTGAGE SHOP which mortgage is recorded in the Office of the Recorder of Deeds
uf CUMBERLAND County,iu Mortgage Book ]73d` Page 4d33. By Assignment of
Mortgage recorded Ol/l7/2U07 the mortgage was assigned to PLAINTIFF which
Assignment is recorded in Assignment of Mortgage Book 733, Page 2968. The mortgage
and assignment(s), if any, are matters of public record and are incorporated herein by
reference in accordance with I`a.R.C.P. 1019(g); which Rule relieves the Plaintiff from its
obligations to attach documents to pleadings if those documents are of public record,
4. The premises subject to said mortgage is described as attached.
5, The mortgage is in defaul because monthly payments of principal and interest upon said
mortgage due 10/01/2011 and each month thereafter are due and unpaid, and by the terms
of said mortgage, upon failure of Mortgagor to make such payments after a date specified
by written notice sent to Mortgagor,the entire principal bmJanoewndo]1intoreaidoc
thereon are col]ectible forthwith.
tit, 19,1466
6. The following amounts are due on the mortgage as of 04/05/2012:
Principal Balance $69,968.12
Interest $1,871.16
through 04/05/2012
Late Charges $204.14
Property Inspections $15,00
Escrow Deficit $239,74
TOTAL x72,298.16
7. Plaintiff is not seeking a,judgment of personal liability(or an in persanam judgment)
against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a
separate Action to establish that right,if such right exists, If Defendant(s)has/have
received a discharge of personal liability in a bankruptcy proceeding,this Action of
Mortgage Foreclosure is in no way an attempt to reestablish such personal liability
discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged
premises pursuant to Pennsylvania Law,
8. Notice of intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as
required by the mortgage document, as applicable,have been sent to the Defendant(s)on
the date(s) set forth thereon,
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$72,298.16, together with interest, costs, fees, and charges collectible under the mortgage
including but not limited to attorney fees and costs, and for the foreclosure and sale of the
mortgaged property.
Pt-lhL° N f 1A( 1: AN& SCHMIEG,LLP
By: , i ►
RIO k Mii°; Cusick,Esquire Id.,No.80193
Attorney for Plaintiff
4: 292466
LEGAL DESCRIPTION
ALL THAT CERTAIN piece or parcel of land, situate in East Pennsboro Township, Cumberland
County, Commonwealth of Pennsylvania,more particularly bounded and described as follows,to
wit:
BEGINNING at a point in the southerly line of Susquehanna Avenue at the distance of 430 feet
measured eastwardly along said line of Avenue from the northeasterly externity of the arc or
curve having a radius of 10 feet connecting the easterly line of Wyoming Avenue with the said
line of Susquehanna Avenue; extending thence eastwardly along said line of Susquehanna
Avenue, on a line curving toward the right with a radius of 225 feet, a distance of 60 feet;thence
South 46 degrees 53 minutes 4 seconds West 140.053 feet;thence North 74 degrees 52 minutes
31 seconds West 23.344 feet;thence passing through the middle of the party wall between the
house on the lot adjoining on the West,North 31 degrees 36 minutes 20 seconds East 149,677
feet to the place of BEGINNING.
KNOWN AS 235 Susquehanna Avenue, Enola, PA 17025:
PROPERTY ADDRESS: 235 SUSQUEHANNA AVENUE,ENOLA,PA 17025-2425
PARCEL # 09-14-0832-081.
File N,. 29•,1
VERIFICATION
Ismael Hernandez, hereby states that he she is Vice President Loan
Documentation of WELLS FARGO BANK,N.A.,plaintiff or mortgage servicing agent
for plaintiff in this matter,thatGshe 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 'her information and belief The undersigned understands
that this statement is made subject to the penalties of 18 Pa. C.S. See, 4904 relating to
unswom falsification to authorities.
-t Name:Ismael Hernandez
DA E ,�/
Title: Vice President Loan
Documentation
File#294466
Name: KRAFT
032-PA-V3
•
FORM I
IN THE COURT OF COMMON PLEAS
WELLS FARGO BANK,N.A. OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s)
vs.
TERESA KRAFT
Defendant(s) Civil
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
al(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 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. Ifyou 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 within sixty(60)days of the service upon you of the foreclosure complaint. Ifyou 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 arguments 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.
Respe- i y suhnd to
Date Ro ' W.Cusick,Esquire Id.,No,80193
Attorney for Plaintiff
FORM 2
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 counseling agency. Please provide the following
information to the best of your knowledge:
CUSTOMER/PRIMARY APPLICANT
Borrower name(s):
"-
Property Address: .
City: _.....__ State:_ Zip:
Is the property for sale? Yes LI No fl Listing date: Price: $„ _
Realtor Name: Realtor Phone:
Borrower Occupied? Yes El No LI
Mailing Address(if different):
City: _ .... .. State Zip:
Phone Numbers: Home::: Office:
Cell: Other:
Email::
#of people in household: How long?
Mailing Address:
City:
Phone Numbers: Home: Off ce°:
Cell: Other:
Email:
of people in household: How long?
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 Yes[- NvFl
If yes, provide names location of court,case number&attorney:
__ _- - _'____ .
Assets An]gunt,Owed: \11„ue;
Home:
Other Real Estate:
Retirement Funds:
Investments: ___
Checking:
S
uv|o��
Other:
&utumo6Ua#L Model: _-____� �_ __ Yoac ___
Amount owed: Value:
Automobile#2,: K4o6*l �- -- Ymu*: ___=___
Amount owed: \/u|ue: __________
Other t[ansQgdn1kwl(mtoyalb8*o^boats mo8g[cyc/cs): Model:
Your' Amount Vu\
� '_____
Monthly income
Name of Employers:
—._-_~______-.'_____~_
'^
Additional Encorne Description(not wages): � ---' -----------
monthly amount:
2.~
monthly amount:
Borrower Pay Days; Co-Borrower Pay Duyx:: _____
Monthly Exøenses (Please only include expenses you are currently paying)
EXPENSE
Mprtga,ge. Food
2:44 Mort vto
ei_P Utilities
Caryayment(s) Condo/Neigh. Fees
Auto Insurance Med. (not covered)
Auto fuel/repairs Other prop, payment
Install. Loan Payment Cable"IV
Day/Child Care/Tuit. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income& Expenses:
Have you been working with a housing Counseling Agency?
Yes Nu --
lfyoo' please provide the following information:
Counseling Agency: Counselor:
____ __�
Phone(Office)., Fax:
l mail:
Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP)
assistance?
Yes No Ej
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 and lender's loan servicing
company:
Lender's Contact(Name): _......._Phone:
Servicing Company(Name):_
Contact: ....._� Phone:
1/We, ..... authorize the above named
to use/refer this information to my lender/servicer for the sole purpose of
evaluating rrry financial situation for possible mortgage options. 1/We understand that I/we am/are under
no obligation to use the counseling 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:
Proof of income
Past 2 bank statements
Proof of any expected income for the last 45 days
Copy of a current utility bill
Letter explaining reason for delinquency and any supporting documentation
(hardship letter)
Listing agreement(if property is currently on the market)
FORM 3
IN THE COURT OF COMMON PLEAS OF
WELLS FARGO BANK,N.A. , CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s)
vs.
TERESA KRAFT
CIVIL
Defendant(s) :
REQUEST FOR CONCILIATION CONFERENCE
Pursuant to the Administrative Order dated 2-1 .2012 governing the
Cumberland County Residential Mortgage Foreclosure Aversion Program, the
undersigned hereby certifies as follows;
Defendant is the owner of the real property which is the subject of this
mortgage foreclosure action;
2 Defendant lives in the subject real property,which is defendant's primary
residence;
3. 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 unsworn falsification to authorities.
Signature el'Defendant's Counsel/Appninted Date
Legal Representative
Signature of Defendant Date
Signature of Defendant Date
FORM 4
IN THE COURT OF COMMON PLEAS OF
WELLS FARGO BANK,N.A. CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s)
CIVIL ACTION
vs,
NO,
TERESA KRAFT
Defendant(s)
CASE MANAGEMENT ORDER
ANT)NOW, this day of , 2012, 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.
2, 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.
3. 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 authorized representative 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.
4. 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 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.
5, All proceedings in this matter are stayed pending the completion of the scheduled
conciliation conference.
BY THE COURT
J.
•
Exhibit "B"
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff C
�ci xeabety,��d
Jody S Smith
Chief Deputy 1.41..
Richard W Stewart
Solicitor orrice OF iss SNHtIFF
Wells Fargo Bank,N.A. Case Number
vs. 2012-2379
Teresa Kraft
SHERIFF'S RETURN OF SERVICE
04/24/2012 04:30 PM-Stephen Bender,Deputy Sheriff,who being duly sworn according to law,states that on April
24,2012 at 1830 hours,he served a true copy of the within Complaint in Mortgage Foreclosure and Notice
of Residential Mortgage Foreclosure Diversion Program,upon the within named defendant,to wit:Teresa
Kraft,by making known unto herself personally,at 235 Susquehanna Avenue,Enola,Cumberland County
Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct
copy of the same.
STEPHEN BENDER,DEPUTY
SHERIFF COST:$43.00 SO ANSWERS,
April 27,2012 RONhif R ANDERSON,SHERIFF
(c)CounlySulle Shrift Teleoeof,Inc.
•
PHELAN HALLINAN, LLP
D. Troy Sellars, Esq., Id. No. 210302 Attorney for Plaintiff
126 Locust Street
Harrisburg, PA 17101
215-563-7000 x 1360
WELLS FARGO BANK,N.A.
3476 STATEVIEW BOULEVARD Court of Common Pleas
FORT MILL, SC 29715
Civil Division
Plaintiff
v. No. 12-2379-CIVIL
TERESA KRAFT Cumberland County
235 SUSQUEHANNA AVENUE
ENOLA. PA 17025-2425
Defendant
CERTIFICATION OF SERVICE
I certify that I caused a true and correct copy of Plaintiff's Motion to Lift Conciliation
Stay and proposed Order to be sent sent via first class mail to the person listed below on the date
indicated:
TERESA KRAFT
235 SUSQUEHANNA AVENUE
ENOLA. PA 17025-2425
Date: I / /// By:
D. Troy Sell , Esquire
Attorney for Plaintiff
788242
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK, N.A.
3476 STATEVIEW BOULEVARD Court of Common Pleas
FORT MILL, SC 29715
Civil Division
Plaintiff
v. No. 12-2379-CIVIL
TERESA KRAFT Cumberland County
235 SUSQUEHANNA AVENUE
ENOLA. PA 17025-2425
Defendant
ORDER
AND NOW,this 2 3'1 day of Sa,,„,, , 2014, upon consideration of
Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby
ORDERED and DECREED that this matter is removed from the Cumberland County
Residential Mortgage Foreclosure Diversion Program; it is further
ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed
with its Mortgage Foreclosure Action.
BY T • E COURT:
' / /
cL
J.
Gaol O
C C : Teresa Kraft -< c..
�Pf Troy Sellars, Esq., Id. No. 210302
Attorney for Plaintiff J.
788242 eopieE,S al . /'
AO —�
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
r
�;:
H _ ,,.
k �sU � t��.i�iufifir-,,,
Kit JUN! 27 Feil 11: 18
CUMBERLAND COUNTY
PENNSYLVANIA
Attorney For Plaintiff
WELLS FARGO BANK, N.A.
Plaintiff
v.
TERESA KRAFT
Defendant(s)
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 12-2379 CIVIL
PRAECIPE
TO THE PROTHONOTARY:
® Please withdraw the complaint and mark the action Discontinued and Ended without prejudice.
n Please mark the above referenced case Settled, Discontinued and Ended.
n Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice.
❑ Please mark the in rem judgment Satisfied and the action Discontinued and Ended.
❑ Please V cate e Judgment entered.
Date:
PH # 788242
PHE
. ALLINAN, LLP
By 1� -
M ;174ir
rushwood, Esq., Id. No.310592
Attorney for Plaintiff
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
Attorney For Plaintiff
WELLS FARGO BANK, N.A.
Plaintiff
v.
TERESA KRAFT
Defendant(s)
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 12-2379 CIVIL
CERTIFICATION OF SERVICE
I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular
mail to the person(s) on the date listed below:
TERESA KRAFT
235 SUSQUEHANNA AVENUE
ENOLA ' 170 5-2425
Date:
B
LINAN, LLP
rushwood, Esq., Id. No.310592
Attorney for Plaintiff