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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
Plaintiff
V.
CHRISTOPHER C. BOYER
1121 APPLE DR
MECHANICSBURG, PA 17055-3920
Defendant
291397
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
NO. la- oks?oQ civil
CUMBERLAND COUNTY
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File # 291397
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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 #: 291397
I . 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:
CHRISTOPHER C. BOYER
1121 APPLE DR
MECHANICSBURG, PA 17055-3920
who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 03/31/2011 CHRISTOPHER C. BOYER made, executed and delivered a mortgage
upon the premises hereinafter described to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR GATEWAY
FUNDING DIVERSIFIED MORTGAGE SERVICES L.P. which mortgage is recorded in
the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No.
201109971. By Assignment of Mortgage recorded 02/10/2012 the mortgage was
assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage
Instrument No. 201204129. The 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.
File 4: 291391,
The mortgage is in default because monthly payments of principal and interest upon said
6.
mortgage due 11/01/2011 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.
The following amounts are due on the mortgage as of 4/13/2012:
Principal Balance $174,427.81
Interest $4,879.79
through 04/13/2012
Late Charges $145.50
Property Inspections $65.00
Escrow Deficit $436.59
TOTAL $179,954.69
7
Plaintiff is not seeking a judgment of personal liability (or an in ep rsonam 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.
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.
File #: 291397
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$179,954.69, 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.
PHELAN HALLINAN & SCHMIEG, LLP
By:
Attorney for Plaintiff
80193
File #: 291397
LEGAL DESCRIPTION
SITUATE in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania,
bounded and described as follows, to wit:
BEGINNING on the eastern side of Apple Drive at the dividing line between Lots Nos. 122 and 123
on the hereinafter mentioned Plan of Lots; thence along the eastern side of Apple Drive, North 44
degrees 04 minutes West, a distance of seventy-five (75) feet to a point on the dividing line between
Lots Nos. 123 and 124 on the hereinafter mentioned plan; thence along said dividing line North 45
degrees 56 minutes East, a distance of one hundred thirty-five (135) feet to a point on line of lands
now or formerly of Miller and Miller; thence along said lands now or formerly of Miller and Miller,
South 44 degrees 04 minutes East, a distance of seventy-five (75) feet to a point on the division line
between Lots Nos. 122 and 123 on the hereinafter mentioned plan; thence along the said dividing
line between Lots Nos. 122 and 123, South 45 degrees 56 minutes West, a distance of one hundred
thirty-five (135) feet to a point on the eastern side of Apple Drive, the place of beginning.
BEING Lot No. 123 on plan No. 2 of Orchard Crest, said plan being recorded in the Cumberland
County Recorder's Office in Plan Book No. 13, Page 21.
BEING Parcel No. 17-23-0561-108.
BEING the same premises which Household Finance Consumer Discount Company by Indenture
dated 11/18/2010, and recorded in the Office for the Recording of Deeds, in and for the County of
Cumberland, aforesaid, in Deed Book and Page 201038064, granted and conveyed unto Trusted
Property Group, LLC, in fee.
PROPERTY ADDRESS: 1121 APPLE DR, MECHANICSBURG, PA 17055-3920
PARCEL # 17-23-0561-108.
File #: 291397
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VERIFICATION
Varsha Thacker, hereby states that heois Vice President Loan Documentation
of WELLS FARGO BANK, N.A., plaintiff or mortgage servicing agent for plaintiff in
this matter, that h /sh 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 er information and belief. The undersigned understands that
this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to
unsworn falsification to authorities.
T??
Name: Varsha Thacker
DATE: (.4 - 16 - A,0 / L
Title: Vice President Loan Documentation
PHS-291397
032-PA-V3
FORM 1
IN THE COURT OF COMMON Pl,
WELLS FARGO BANK, N.A. OF CUMBERLAND COUNTY, PENNS NIX5 F:
Plaintiff(s)
>
vs.
CHRISTOPHER C. BOYER CD rn `
Defendant(s) Civil; r`
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 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.
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Date
Robert W. Cusick, Esquire Id, No. 80193
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:
Borrower name(s):
Property Address:
City:
Is the property for sale?
Realtor Name:
Borrower Occupied?
Mailing Address (if different):
City:
Phone Numbers:
Email:
# of people in household:
Mailing Address:
City:
Phone Numbers:
Email:
# of people in household:
First Mortgage Lender: _
Type of Loan:
Loan Number:
Second Mortgage Lender:
Type of Loan:
Loan Number:
How long?
State: Zip:
Date You Closed Your Loan:
Total Mortgage Payments Amount: $
Date of Last Payment: _
Primary Reason for Default:
Included Taxes & Insurance:
State: Zip:
Yes E] No ? Listing date: Price: $
Realtor Phone:
Yes ? No ?
Home:
Cell:
State: Zip:
Office:
Other:
How long?
Home:_ Office:
Cell: Other:
Is the loan in Bankruptcy? Yes ? No ?
If yes, provide names, location of court, case number & attorney:
Assets Amount Owed: Value:
Home: $ $
Other Real Estate: $ $
Retirement Funds: $ $
Investments: $ $
Checking: $ $
Savings: $ $
Other: $ $
Automobile #1: Model: Year:
Amount owed: Value:
Automobile #2: Model:
Amount owed: Value:
Other transportation (automobiles, boats, motorcycles): Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
1. Monthly Gross Monthly Net
2. Monthly Gross Monthly Net
3. Monthly Gross Monthly Net.
Additional Income Description (not wages):
1. monthly amount:
2. monthly amount:
Borrower Pay Days:
Co-Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
2° Mortgage Utilities
Car Pa ment(s) Condo/Nei . Fees
Auto Insurance Med. not covered
Auto fuel/re airs Other prop. payment
Install. Loan Payment Cable TV
Child Su ort/Alim. Spending Money
Da /Child Care/Tuft. Other Ex enses
Amount Available for Monthly Mortgage Payments Based on Income & Expenses:
Have you been working with a Housing Counseling Agency?
Yes ? No ?
If yes, please provide the following information:
Counseling Agency:
Year:
Counselor:
Phone (Office): Fax:
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP)
assistance?
Yes ? No F]
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):
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 Uwe 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:
1. Proof of income
2. Past 2 bank statements
3. Proof of any expected income for the last 45 days
4. Copy of a current utility bill
5. Letter explaining reason for delinquency and any supporting documentation (hardship
letter)
6. Listing agreement (if property is currently on the market)
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
n?
2QtZ"AY -8 All g: 55
CU"WRLAND COUNTY
PENNSYLVANIA
Wells Fargo Bank, NA
vs. Case Number
Christopher C. Boyer 2012-2582
SHERIFF'S RETURN OF SERVICE
05/03/2012 04:04 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on May 3,
2012 at 1604 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:
Christopher C. Boyer, by making known unto Robin Adams, adult in charge at 1121 Apple Drive,
Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to
her personally the said true and correct copy of the same.
RYAN BURGETT, DEP
SHERIFF COST: $38.00
May 04, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
fc;CounfySuite 3henff Iple;snrl lirr,.
Phelan Hallinan & Schmieg, LLP
1617 JFK Boulevard, Suite 1400 , - Attorney For Plaintiff
One Penn Center Plaza
.1 1 PA
Philadelphia, PA 19103 a OTHONOT'k; t
215-563_70nn
WELLS FARGO BANIZ, N.A. ;ourt of Common Pleas
Plaintiff I MBERL.AND OU d;
PENNSYLV MIA Civil Division
vs
CUMBERLAND County
CHRISTOPHER C. BOYER
Defendant No. 12-2582 CIVIL
PRAECIPE
TO THE PROTHONOTARY:
Please withdraw the complaint and mark the action Discontinued and Ended without
prejudice.
X Please mark the above referenced case Settled, Discontinued and Ended.
Please Vacate the judgment entered and mark the action Discontinued and Ended
without prejudice.
Please mark the in rem judgment tisfied the action Discontinued and Ended.
Date: 17, HALLINAN & SCHMIEG, LLP
\,_/PHFLAN, HALLINAN & StFMEG, LLP
Attorneys for P i tiff
Printed Name:
Bar Id. No.
PHS# 291397 Attorneys or Plaintiff
1 `
PHELAN HALLINAN & SCHMIEG, LLP
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
WELLS FARGO BANK, N.A.
Plaintiff
vs
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CHRISTOPHER C. BOYER CUMBERLAND County
Defendant
No. 12-2582 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:
CHRISTOPHER C. BOYER
1121 APPLE DR
MECHANICSBURG, PA 1705
Date: q d 12,- -
By:
HALLINAN &
AdIAN, HALLINAN & SCHMIEG, LLP
Attorneys for P a' tiff-- -'-
Printed Name
Bar Id. No.
Attorney for Plaintiff