HomeMy WebLinkAbout12-2751- T
"UMBERLi"kNO COUNTY
EhINSYLVANIA
PHELAN HALLINAN & SCHMIEG, LLP
1617 JFK Boulevard. Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
WELLS FARGO BANK, NA
3476 STATEVIEW BOULEVARD
FORT MILL, SC 29715
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Plaintiff
V.
MICHAEL J. ARDOLINE
ROBIN L. ARDOLINE
13 LARCH LANE
ENOLA, PA 17025-3401
Defendants
"TERM
NO. 9a?a7S1
CUMBERLAND COUNTY
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File #. 293538
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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 ?ction within twenty (20) days after this Complaint and Notice
are served by entering a written 4ppearance personally or by attorney and filing in writing with
the Court your defenses or objedtions to the claims set forth against you. You are warned that if
you fail to do so, the case may pl oceed without you, and a judgment may be entered against you
by the Court without further nonce for any money claimed in the Complaint or for any other
claim or relief requested by the Olaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE 'HIS 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 ELIGI?LE PERSONS AT A REDUCED FEE OR NO FEF_,.
CUMBERLAND COUNTY ATTORNEY
REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
C MBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
File #, 293538
Plaintiff is
WELLS FARUO BANK, NA
3476 STATEVIEW BOULEVARD
FORT MILL, SC 29715,
2. The name(s) and last kn?wn address(es) of the Defendant(s) are:
MICHAEL J. ARDOLINE
ROBIN L. ARDOLINE
13 LARCH LANE
ENOLA, PA 17025-340
who is/are the mortgago> (s) and/or real owner(s) of the property hereinafter described.
On 06/18/2009 MICHAEL J. ARDOLINE and ROBIN L. ARDOLINE made, executed
and delivered a mortgag? upon the premises hereinafter described to PLAINTIFF which
mortgage is recorded in fhe Office of the Recorder of Deeds of CUMBERLAND County,
in Instrument No. 200923071. 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 §aid mortgage is described as attached.
5. The mortgage is in defa4lt because monthly payments of principal and interest upon said
mortgage due 10/01/20111 and each month thereafter are due and unpaid, and by the terms
of said mortgage, upon ?ailure 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 f?rthwith.
File 4 ? 293538
6. The following amounts are due on the mortgage as of 04/19/2012:
Principal Balance
Interest
$197,089.57
$6,857.88
through 04/19/2p12
Late Charges $625.47
Property Inspections $30.00
Escrow Deficit $9,784.57
TOTAL $214,387.49
7. Plaintiff is not seeking a?judgment of personal liability (or an in person am judgment)
against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a
separate Action to estab?ish that right, if such right exists. If Defendant(s) has/have
received a discharge of Oersonal 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 mortgago 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
$214,387.49, together with inte?est, costs, fees, and charges collectible under the mortgage
including but not limited to attof rney fees and costs, and for the foreclosure and sale of the
mortgaged property.
PHELANH LINAN& SCHMIEG, LLP
By:
Robert W. Cusick, Esquire Id., No. 80193
Attorney for Plaintiff
File #: 293538
LEGAL DESCRIPTION
All that certain lot or tract of land located in East Pennsboro Township, Cumberland County,
Pennsylvania in accordance with a Final Subdivision Plan of Penn Valley, Phase V, as prepared
by Hartmen and Associates, Inc1, Engineers and Surveyors, Camp Hill, Pennsylvania, and
recorded in Plan Book 89, Page 1123, more particularly bounded and described as follows, to wit:
Beginning at a point on the east?rn right-of-way line of Larch Lane (a fifty foot right-of-way),
said point being located the foll?wing three (3) courses from the terminus of a curve connecting
and right-of-way with the north?rn right-of-way line of Redwood Drive (a fifty foot right-of-way)
1) North thirty-two degrees, foray-seven minutes, twelve seconds West, a distance of eight-nine
and eighty-eight hundredth feet 09.88); 2) by a curve to the right, having a radius of two hundred
fifty feet (R equals 250.00), an arc distance of one hundred and fifty hundredth feet (100.50) to a
point: 3) North nine degrees, forty-five minutes, fifteen seconds West, a distance of ninety-four
and sixty-four hundredth feet (94.64) to a point; thence from said point of Beginning, by the
eastern right-of-way line of Larch Lane, North nine degrees, forty-five minutes fifteen seconds
West, a distance of forty feet (46) to a point; thence by same by a curve to the left, having a
radius of fifty feet (R equals 50100), an arc distance of seventy-eight and fifty-four hundredths
feet (78.54) to a point; thence b? Lot No. 92, said line being the centerline of a fifty foot future
access easement, North nine d4rees, forty-five minutes, fifteen seconds West, a distance of ten
feet (10.00) to a point; thence b? land now or lat of Susan Magaro, North eighty degrees, fourteen
minutes, forty-five seconds Easy, a distance of two hundred thirty-five feet (235.00) to a point;
thence by Lot No. 86, South eighteen degrees, zero minutes, zero seconds East, a distance of one
hundred one and four hundredth feet (101.04) to a point; thence distance of one hundred ninety-
File #: 293538
T
nine and forty-nine hundredth feet (199.49) to a point on the eastern right-of-way line of Larch
Lane, the place of Beginning.
Being Lot No. 91 on the Final S4bdivision Plan of Penn Valley, Phase V, recorded in Plan Book
89, Page 123, and containing approximately 20,261.11 square feet more or less.
I
Assessor's Parcel Number: 09-1 ?-0999-218
PROPERTY ADDRESS: 13 LARCH LANE, ENOLA, PA 17025-3401
PARCEL # 09-13-0999-218.
File #: 293538
VERIFICATION
Geeta Sheth, hereby Mates that Ye/she is Vice President Loan Documentation of
WELLS FARGO BANK, N?A., plaintiff or mortgage servicing agent for plaintiff in this
matter, that #/she is authoril ed 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 h/s/her information alnd belief. The undersigned understands that this statement is
made subject to the penaltie? of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to
authorities.
Name: Geeta Sheth
DATE: A?7il -3.2012
Title: Vice President Loan Documentation
032-PA-V3 PHS: 293538
FORM 1
WELLS FARGO BANK, NA
vs.
MICHAEL J. ARDOLINE;
ROBIN L. ARDOLINE
NOTICE OF
Plaintiff(s)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
7w M
F-5 `
$?UI
FORECLO
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,
Defendant(s) 5 Civil
RES tIVERSION ENTIAL MORTGAGE
PROGRAM
You have been served with a (oreclosure complaint that could cause you to lose your home.
If you own and live in the res dential property which is the subject of this foreclosure action, you may be able to
participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender.
If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference.
First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400
extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you.
Once you have been appointed a legal representative, you must promptly meet with that legal representative within
twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all
requested financial information so tha a loan resolution proposal can be prepared on your behalf. If you and your legal
representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a
Request for Conciliation Conference kith the Court, which must be filed with the Court within sixty (60) days of the
service upon you of the foreclosure coplaint. If you do so and a conciliation conference is scheduled, you will have an
opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your
lender before the mortgage foreclosur$ 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 le 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 opportuni 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 OUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS
REQUIRED BY THIS NOTICE. I HIS PROGRAM IS FREE.
Res mitted:
31v ?
Date o ert W. Cusick, Esquire
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 H,RDSHIP ASSISTANCE
To complete your request for hard hip assistance, your lender must consider- your circumstances to determine
possible options while working wRh your counseling agency. Please provide the following information to
the best of your knowledge:
Property Address:
City:
Is the property for sale?
Realtor Name:
Borrower Occupied?
Mailing Address (if different)
City:
Phone Numbers:
State: _ Zip:
Y s ? No F] Listing date: Price: $
Realtor Phone:
Y No ? -
H?me: Office:
Coll: Other:
State: Zip:
Mailing Address:
City:
Phone Numbers:
Email:
# of people in household:
State: Zip:
Hbme: Office:
COM: Other: _
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:
Email:
# of people in household: How long?
Is the loan in Bankruptcy? Yes ? No ?
If yes, provide names, location of court,. case number & attorney:
Assets Amount Ojyed: Value:
Home: $ - $
Other Real Estate: $ $
Retirement Funds: $? $
Investments:
Checking: $ $
Savings: $_ $
Other: $ $
Automobile #1: Model:
Amount owed: Value:
Automobile #2: Model:
Amount owed: Value: _
Other transportation (automobiles boats motorcycles): Model:
Year: Amount owed:' Value
Monthly Income
Name of Employers:
I . Monthly Gross -Monthly Net__
2. M nthly Gross Monthly Net__
3. Monthly Gross -Monthly Net__
Additional Income Description (not wages):
I . monthly am t:
2. monthly arriout:
Borrower Pay Days:_ Co-Borrower Pay Days: _
Monthly Expenses: (Please only ?nclude expenses you are currently paying)
EXPENSE AMOUN EXPENSE AMOUNT
Mortgage _ Food
2"d Mortgage Utilities
Car Pa ment(s) Condo/Nei h. 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 ep nses
Amount Available for Monthly Mortgage Payments Based on Income & Expenses:
Have you been working with a Hdusing Counseling Agency?
Yes ? No F1
If yes, please provide the followi
Counseling Agency:_
information:
Year:
Year:
Counselor:
Phone (Office): Fax:
Email:
Have you made application for Horheowners 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 inforrk ation, if known, regarding your lender and lender's loan servicing
company:
Lender's Contact (Name):
I/We,
to use/refer
financial situation for possible mi
use the counseling services provi
Phone:
, authorize the above named
is information to my lender/servicer for the sole purpose of evaluating my
gage options. I/We understand that I/we am/are under no obligation to
i 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 statement
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)
Servicing Company (Name):
Contact: Phone:
6. Listing agreement (if property is currently on the market)
i L I Ji: 1 t
FORM3 rCEi"" jE?tLs? LJ ?.Clt;!` J
y? IN THE COURT OF COMMON PLEA WO S LIVA [,Jlj?
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s)
?,ICM I jr A J)0,tZi 1b 44
f?o8?l (, A?Do?uGJ / a - ? S/
Defendant(s) 7 Civil
REQUEST FOR CONCILIATION CONFERENCE
1) Q
Pursuant to the Administrative Order dated ". 7-0 , 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;
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
statements are made subject to the penalties of 18 Pa.
are true and correct. I understand that
§4904 relating to unworn falsification to
?
(ure of Defendant's Dunsel/Appointed
Representative
Signature o fendant
Signature of Defendant
Date
,5_1 -2
9?t2
Date
Date
.l
CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that on the 3 day of , 2012, I
served a copy of the foregoing Request for Conciliation Conference, ly first-class mail,
postage prepaid, upon the following:
Robert W. Cusick, Esquire
Phelan, Hallinan & Schmieg, LLP
One Penn Center Plaza
Suite 1400
1617 JFK'Boulevard
Philadelphia, PA 19103
Attorney for Plaintiff
WELLS FARGO BANK, N.A.,
Plaintiff
VS.
MICHAEL J. ARDOLINE and
ROBIN L. ARDOLINE,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 12-2751 CIVIL
CASE MANAGEMENT ORDER
AND NOW, this & - day of June, 2012, the defendantiborrower 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 Thursday, July 19, 2012, at 10:00 a.m. in the Chambers
of the undersigned 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 defendantiborrower'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
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.
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 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.
5. All proceedings in this matter are stayed pending the completion of the scheduled
Conciliation Conference.
? Robert W. Cusick, Esquire
For the Plaintiff
Joseph K. Goldberg, Esquire
For the Defendants
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BY THE COURT,
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
2512 JUL 16 AK 6: 4?
CUMBERLAND COUNTY
PENNSYLVANIA
b
OFF t.4 : --. -ERiFF
Wells Fargo Bank, N.A.
vs. Case Number
.
Michael J. Ardoline (et al.) 2012-2751
SHERIFF'S RETURN OF SERVICE
05/07/2012 07:05 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on May 7,
2012 at 1905 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: Michael J.
Ardoline, by making known unto himself personally, at 13 Larch Lane, Enola, Cumberland County,
Pennsylvania 17025 its contents and at the same time handing to him personally the said true and cor ct
copy of the same.
RYAN BURGETT, DE
05/07/2012 07:05 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on May 7,
2012 at 1905 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: Robin L.
Ardoline, by making known unto Michael Ardoline, Husband of Defendant at 13 Larch Lane, Enola,
Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally he
said true and correct copy of the same.
RYAN BURGETT,
05/08/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Robin L. Ardoline, but was unable to locate her in hi
bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure and Notice of Residential
Mortgage Foreclosure Diversion Program as not found as to the defendant Robin L. Ardoline. Request for
service at 610 Magaro Road, Enola, Pennsylvania 17025 the Defendant was not found. Robin L. Ardo ine
currently resides at 13 Larch Lane, Enola, Pennsylvania 17025.
05/08/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Michael J. Ardoline, but was unable to locate him in is
bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure and Notice of Residential
Mortgage Foreclosure Diversion Program as not found as to the defendant Michael J. Ardoline. Request
for service at 610 Magaro Road, Enola, Pennsylvania 17025 the Defendant was not found. Michael J.
Ardoline currently resides at 13 Larch Lane, Enola, Pennsylvania 17025.
SHERIFF COST: $116.00
July 11, 2012
SO ANSWERS,
RONNY R ANDERSON, SHERIFF
SN!t'l
WELLS FARGO BANK, N.A., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION - LAW -?3
NO. 12-2751 CIVIL =rn ?
MICHAEL J. ARDOLINE and cr
ROBIN L. ARDOLINE,
r-'
Defendants
IN RE: CASE MANAGEMENT ORDER
w-
rte.,
MEMORANDUM
Present at a conciliation conference held this date were Brian Yoder, Esquire, attorney
the plaintiff, Wells Fargo Bank, N.A.; Joseph K. Goldberg, Esquire, attorney for the defendants;
and Michael J. Ardoline and Robin L. Ardoline, defendants in the case.
It was agreed that the defendants will, through counsel, submit to the attorney for the
plaintiff an HAMP package prior to the close of business on Friday, July 27, 2012. It is hoped
that by the time of the next conciliation conference a decision will be made with regard to the
borrowers' application.
ORDER
AND NOW, this / 9' day of July, 2012, continued conciliation conference in
matter is set for Thursday, September 13, 2012, at 10:00 a.m., in Chambers of the undersigned.
BY THE COURT,
'00,4`
Hess, P. J.
? Brian Yoder, Esquire
For the Plaintiff
'Joseph K. Goldberg, Esquire
For the Defendants
?es wa . (e,? 7/ Ig?la
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WELLS FARGO BANK, N.A.,
Plaintiff .
vs.
MICHAEL J. ARDOLINE and
ROBIN L. ARDOLINE,
Defendants :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 12-2751 CIVIL
IN RE: CONCILIATION CONFERENCE
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Present at a conciliation conference held November 8, 2012, were Joseph Schalk,
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Esquire, attorney for the plaintiff; Joseph K. Goldberg, Esquire, attorney for the defendants; and
Michael and Robin Ardoline, the homeowners.
It appears that a denial of the HAMP application in this case is imminent. The
defendants have indicated that they intend to appeal from the denial which will necessitate a
further delay in this matter of thirty (30) days. It was agreed that a continued conciliation
conference would be set in this case and that counsel, in the interim, will explore alternate
resolutions.
ORDER
AND NOW, this 8'` day of November, 2012, continued conciliation conference
in this matter is set for Wednesday, January 16, 2013, at 2:00 p.m. in Chambers of the
undersigned.
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BY THE COURT,
Joseph Schalk, Esquire
For the Plaintiff
Joseph K. Goldberg, Esquire
For the Defendants
:rim
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THE
Lf-VI E
Joseph K.Goldberg,Esquire ` - ' Q T f;
2080 Linglestown Road, Suite 106
Harrisburg,PA 17110 2913 APR 15 �� �:
(717) 703-3600
joldberg@ssbc-law.com r'ftERLAND Lo—,p
PA Ili*46782 - PENNS YLVANIu
-----------------------------------
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK, N.A.,
Plaintiff CIVIL TERM (LAW)
V.
NO. 12-2751 CIVIL
MICHAEL J. ARDOLINE and ROBIN L.
ARDOLINE,
Defendants : JURY TRIAL DEMANDED
DEFENDANTS' MOTION TO EXTEND STAY
Defendants, by and through their attorney, Joseph K. Goldberg, respectfully
move this court to extend the existing stay of this case so the parties have additional
time to consider modification options. Defendants have been diligently complying with
the modification application process - par paragraphs 9 and 10, below, but require
additional time to complete the process, as follows:
1. Plaintiff filed this mortgage foreclosure action on May 4, 2012.
2. Defendants filed their Request for Conciliation Conference on May 30,
2012
3. Prior to the filing of this case, Defendants had submitted to Plaintiff an
application for mortgage modification.
4. On July 19, 2012, the Honorable Kevin A. Hess conducted a conciliation
conference with the parties. As result, Judge Hess continued conciliation until
September 13, 2012. Upon request of the parties, Judge Hess continued the
__ i��gl11l1llwq
September conciliation to November 8, 2012, to give Plaintiff additional time to consider
Defendants' application for modification.
5. The parties learned on or about November 7, 2012, that Plaintiff denied
Defendants' application for modification for the reason that Plaintiff did not consider
them to have sufficient income to sustain a modification.
6. At the November 8 conciliation conference, Judge Hess again continued
conciliation to permit Defendants' to appeal the modification denial.
7. At the next conciliation conference, which was held January 16, 2013, the
parties informed the court that in order to facilitate further consideration for modification
by Plaintiff, this case had to be stricken from the Residential Mortgage Foreclosure
Diversion Program. Judge Hess ordered the case removed from the program, but
stayed all proceedings for forty-five (45) to permit the parties to continue to explore
modification options.
8. Defendants and their attorney have been actively engaged in the
modification application process, and Plaintiffs representatives have been cooperative
in that effort.
9. The court last extended the stay to April 16, 2013, by Order dated
February 25, 2013.
10. On March 6, 2013, Defendants submitted an updated application for
modification, with supporting documentation. Approximately two weeks later, Plaintiff
contacted Defendants' counsel and requested additional information and
documentation. That material was faxed to Plaintiff on April 3, 3013. On April 11,
2013, Plaintiff again requested additional information and documentation, and, because
2
of the lapse in time, is requiring Defendants to re-submit and update other items.
11. Plaintiff also advised Defendants' counsel that upon receipt of the
information requested, a review to make a determination will take 30-45 days.
12. Counsel for Defendants notified Plaintiffs attorney, Joseph P. Schalk, on
April 11, 2013, of the need for additional time and that Defendants would be filing this
Motion. Mr. Schalk replied by e-mail on April 12, 2012, "At this point, I do not have
authorization to agree."
13. Extending the stay will not unduly prejudice any party and could result in a
settlement of this case in a manner beneficial to them.
WHEREFORE, Defendants respectfully request the court grant their Motion and
Order that the existing stay be extended to June 3, 2013.
Respectfully submitted,
4 K. Gold b
4,W, Esquire
J 0 �2
Attorney lb No. 467782
2080 Linglestown Road, Suite 106
Harrisburg, PA 17110
(717)703-3600
Date: Attorney for Defendants
3
CERTIFICATE (3f SERVICE
I, the undersigned, hereby certify that on the Oday of , 2013, 1
served a copy of the foregoing Defendants' Motion to Extend Stay, by first-class mail,
Postage prepaid, upon the following:
Joseph P. Schalk, Esquire
Phelan Hallinan, LLP
126 Locust Street
Harrisburg, PA 17101
Attorney for Plaintiff
o P Goldberg, E q re
Joseph K. Goldberg,Esquire
2080 Linglestown Road, Suite 106
Harrisburg,PA 17110
(717) 703-3600
jgoldberg @ssbc-law.com
PA ID#46782
--------------------------------------
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK, N.A., :
Plaintiff CIVIL TERM (LAW)
V.
NO. 12-2751 CIVIL
MICHAEL J. ARDOLINE and ROBIN L.
ARDOLINE,
Defendants JURY TRIAL DEMANDED
ORDER
AND NOW, this W day of . A , 2013, upon consideration of
Defendants' Motion to Extend Stay, it is hereby Ordered that Defendants' Motion is
hereby Granted. Further proceedings in this case are stayed until June 3, 2013.
BY THE COURT:
evi . Hess, P. J.
✓Joseph P. Schalk, Esquire c
For the Plaintiff
-v ZK w
M CD _r
,/Joseph K. Goldberg, Esquire �r- rY
For the Defendants w cr,
'-I e n
^-..a
>
Joseph K. Goldberg,Esquire
2080 Linglestown Road, Suite 106
Harrisburg, PA 17110
(717) 703-3600
jgoldberg @ssbc-law.com
PA ID#46782
--------------------------------------
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK, N.A.,
Plaintiff CIVIL TERM (LAW)
V.
NO. 12-2751 CIVIL
MICHAEL J. ARDOLINE and ROBIN L.
ARDOLINE,
Defendants JURY TRIAL DEMANDED
ORDER
AND NOW, this 2z1 day of Apr , 2013, upon consideration of
Defendants' Motion to Extend Stay, it is hereby Ordered that Defendants' Motion is
hereby Granted. Further proceedings in this case are stayed until June 3, 2013.
BY THE COURT:
Kevi . Hess, P. J.
,,d'o'seph P. Schalk, Esquire
For the Plaintiff C-
:-
v0seph K. Goldberg, Esquire
For the Defendants
\ CD ... CD ZE
�.ir)
:..
0
Joseph K. Goldberg,Esquire
2080 Linglestown Road, Suite 106
Harrisburg,PA 17110
(717) 703-3600
jgoldberg @ssbc-law.com
PA ID#46782
--------------------------------------
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK, N.A.,
Plaintiff CIVIL TERM (LAW)
V.
NO. 12-2751 CIVIL W � f `
MICHAEL J. ARDOLINE and ROBIN L. _ r-`
ARDOLINE --`nc
Defendants JURY TRIAL DEMANDEDr
DEFENDANTS' MOTION TO EXTEND STAY _.
WITH CONCURRENCE
Defendants, by and through their attorney, Joseph K. Goldberg, respectfully
move this court to extend the existing stay of this case so the parties have additional
time to consummate a modification proposal, as follows:
1. This matter is currently stayed by the April 22, 2013, Order of the
Honorable Kevin A. Hess, President Judge.
2. On May 29. 2013, Defendants were notified that their application for a
mortgage loan modification has been accepted by Plaintiff. Under the terms of the
proposal, Defendants must make three monthly trial payments starting July 1, 2013.
3. In the event Defendants comply with the requirements of the proposed
modification, the instant case will be moot .
4. On May 30, 2012, by e-mail, counsel for Plaintiff indicated he concurs with
an extension of the stay for sixty (60) days, which will provide Plaintiff sufficient time to
see if Defendants have begun to comply with the terms of the proposal and take steps
on its own to allow Defendants to make all required payments, fulfill the terms of the
proposal and enter into a permanent modification with Plaintiff.
WHEREFORE, Defendants respectfully request the court grant their Motion and
Order that the existing stay be extended for sixty (60) days from the date of the court's
Order.
Resp I su mitted,
J db r squire
At rney ID No. 4 82
80 Linglesto n Road, Suite 106
Harrisburg, PA 17110
(717)703-3600
Date: Attorney for Defendants
Jl
2
CERTIFICATE OF SERVICE
0-
I, the undersigned, hereby certify that on the day of , 2013, I
served a copy of the foregoing Defendants' Motion to Extend Stay With Concurrence,
by first-class mail, postage prepaid, upon the following:
Joseph P. Schalk, Esquire
Phelan Hallinan, LLP
126 Locust Street
Harrisburg, PA 17101
Attorney for Plaintiff
Goldberg, E uire
I
Joseph K. Goldberg, Esquire
2080 Linglestown Road, Suite 106
Harrisburg, PA 17110
(717) 703-3600
jgoldberg i)ssbc-lawmm
PA ID#46782
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK, N.A.,
Plaintiff CIVIL TERM (LAW)
V.
NO. 12-2751 CIVIL
MICHAEL J. ARDOLINE and ROBIN L.
ARDOLINE,
Defendants JURY TRIAL DEMANDED
/ORDER
AND NOW, this /0 day of ll� 2013, upon consideration of
Defendants' Motion to Extend Stay With Concurrence, it is hereby Ordered that
Defendants' Motion is hereby Granted. Further proceedings in this case are stayed for
sixty (60) days from the date of this Order.
BY THE COURT:
Kevi Hess, P. J.
✓ Joseph P. Schalk, Esquire
For the Plaintiff
✓ Joseph K. Goldberg, Esquire m
For the Defendants r-
I 3 / ye-t
`tj [54� '' t• •n 1
tR f Fe
NIA
Phelan Hallinan,LLP Attorney For Plaintiff
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
215-563-7000
WELLS FARGO BANK,NA Court of Common Pleas
Plaintiff
Civil Division
v.
. CUMBERLAND County
MICHAEL J.ARDOLINE
ROBIN L.ARDOLINE No.12-2751-CIVIL
Defendant(s)
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.
Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice.
Li Please mark the in rem judgment Satisfied and the action Discontinued and Ended.
n Please Vacate the Judgment entered.
Date: I I l W d //3 PHELAN HALLINAN,LLP
By:
Meredith Wooters,Esq., Id. No.307207
Attorney for Plaintiff
PH#787359
•
•
Phelan Hallinan,LLP Attorney For Plaintiff
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
215-563-7000
WELLS FARGO BANK,NA Court of Common Pleas
Plaintiff
Civil Division
v.
. CUMBERLAND County
MICHAEL J.ARDOLINE
ROBIN L.ARDOLINE No.12-2751-CIVIL
Defendant(s) .
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:
JOSEPH K. GOLDBERG,ESQUIRE
2080 LINGLESTOWN ROAD
SUITE 106
HARRISBURG,PA 17110
Date: I I d l[' /3 PHE AN HALLINA■, LLP
By:
Meredith Wooters,Esq.,Id.No.307207
Attorney for Plaintiff