HomeMy WebLinkAbout12-3062? r
PHELAN HALLINAN & SCHMIEG, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
US BANK NATIONAL ASSOCIATION, AS
TRUSTEE, SUCCESSOR IN INTEREST TO
WACHOVIA BANK, NATIONAL ASSOCIATION,
AS TRUSTEE FOR GSMPS 2005-RP3
3476 STATEVIEW BOULEVARD
FORT MILL, SC 29715
Plaintiff
V.
MARY M. ZAYAS-BAZAN
154 FAITH CIRCLE
CARLISLE, PA 17013-8889
Defendant
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
NO. Ia .
CUMBERLAND COUNTY
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File #: 298001
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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 #: 298001
Plaintiff is
US BANK NATIONAL ASSOCIATION,
AS TRUSTEE, SUCCESSOR IN INTEREST TO
WACHOVIA BANK, NATIONAL ASSOCIATION,
AS TRUSTEE FOR GSMPS 2005-RP3
3476 STATEVIEW BOULEVARD
FORT MILL, SC 29715
2. The name(s) and last known address(es) of the Defendant(s) are:
MARY M. ZAYAS-BAZAN
154 FAITH CIRCLE
CARLISLE, PA 17013-8889
who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 01/05/1996 MARY M. ZAYAS-BAZAN made, executed and delivered a mortgage
upon the premises hereinafter described to CONSUMER FIRST MORTGAGE, INC.
which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND
County, in Mortgage Book 1298, Page 952. By Assignment of Mortgage recorded
03/19/2012 the mortgage was assigned to PLAINTIFF which Assignment is recorded in
Assignment of Mortgage Instrument No. 201207820. 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.
5. The 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 #: 298001
6
The following amounts are due on the mortgage as of 05/07/2012:
Principal Balance $47,263.00
Interest $2.502.13
"Through 05/07/2012
Late Charges $53.90
Suspense Balance ($612.65)
Property Inspections $145.00
Escrow Deficit 5934.8 3
TOTAL 550,286.21
7
8
Plaintiff is not seeking a judgment of personal liability (or an in pelsonam 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 #: 299001
WI IFRFFORF, Plaintiff demands an in renl judgment against the Defendant(s) in the sum of
X550,2$6.21. 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.
_AN IA . INAN& SCHMIFG, LIT
By. P .Cusick, squire ., o. ?01ty3
Attorney for Plaintiff
File a 29sool
LEGAL DESCRIPTION
ALL that certain tract of land with the improvements thereon erected situate in North Middleton
Township, Cumberland County, Pennsylvania, bounded and described as follows:
BEING Lot No. 29 on the Plan of Kingsbrook, Section "3", as recorded in the Office of the
Recorder of Deeds for Cumberland County, in Plan Book 27, Page 3; containing 50 feet along
the east along Faith Circle; containing 200 feet along the north along Lot No. 30 on said Plan;,
containing 50 feet along the west along land now or formerly of Hooke, Lebo & Hooke and
containing 200 feet along the south along Lot No. 28 on said Plan and containing 10,000.00
square feet.
BEING improved with a brick and aluminum three bedroom duplex known as 154 Faith Circle,
Carlisle.
PROPERTY ADDRESS: 154 FAITH CIRCLE, CARLISLE, PA 17013-8889
PARCEL # 29-14-0868-070.
File #: 298001
VERIFICATION
.Jorge Cruz, hereby states th,&he is Vice President Loan Documentation of
WELLS FARGO BANK, N.A., plaintiff or mortgage servicing agent for plaintiff in this
matter, that&she 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 oc?/her 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.
DATE: 5/9/2012
NAME: ZAYAS-BAZAN
FILE #: 298001
---
Name..
Title: Vice President Loan Documentation
032-PA-V3
J
FORM 1
IN THE COURT OF COMMON PLEAS
US BANK NATIONAL ASSOCIATION, AS OF CUMBERLAND COUNTY, PENNSYI, ANNA
TRUSTEE, SUCCESSOR IN INTEREST TO
WACHOVIA BANK, NATIONAL
ASSOCIATION, AS TRUSTEE FOR GSMPS i T
2005-RP3
Plaintiff(s)
vs. r
MARY M. ZAYAS-BAZAN
Defendant(s)' Civil a
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.
Date
80193
Attorney for Plaintiff
FORM 2
Date
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
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:
How long?
Loan Number:
Second Mortgage Lender:
Type of Loan:
Loan Number:
Date You Closed Your Loan:
Total Mortgage Payments Amount: $ Included Taxes & Insurance:
Date of Last Payment:
State: Zip:
Yes El No El Listing date: Price: $
Realtor Phone:
Yes F_1 No ?
Home:
Cell:
How long?
State: -Zip:
Home:_ Office:
Cell: Other:
State: Zip:
Office:
Other:
Primary Reason for Default:
Is the loan in Bankruptcy? Yes ? No ?
If yes, provide names, location of court, case number & attorney:
Assets Amount Owed: Value:
Home: $ $
Other Real Estate: $ $
Retirement Funds: $ $
Investments: $ $
Checking: $ $
Savings: $ $
Other: $ $
Automobile #1: Model:
Amount owed: Value:
Automobile 42: Model: _
Amount owed: Value: _
Other transportation (automobiles, boats, motorcvcles): Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
1. Monthly Gross
2. Monthly Gross
3. Monthly Gross
Additional Income Description (not wages):
1. monthly amount:
2. monthly amount:
Year:
Year:
Monthly Net
Monthly Net
Monthly Net
Borrower Pay Days: Co-Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
2nd Mortgage Utilities
Car Payment(s) Condo/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 Expenses
Amount Available for Monthly Mortgage Payments Based on Income & Expenses:
Have you been working with a Housing Counseling Agency?
Yes ? No F-1
If yes, please provide the following information:
Counseling Agency:
Counselor:
Phone (Office): Fax:
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP)
assistance?
Yes ? No ?
If yes, please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your
delinquency?
Yes ? No ?
If yes, please indicate the status of those negotiations:
Please provide the following information, if 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. UWe understand that Uwe am/are under no obligation to
use the counseling services provided by the above named
Borrower Signature
Co-Borrower Signature
Date
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
ci ?a?aril?F{ ?'?
Jody S Smith .. ?X?;
Chief Deputy - c.
Richard W Stewart
Solicitor
US Bank National Association
vs.
Mary M Zayas-Bazan
Case Number
2012-3062
SHERIFF'S RETURN OF SERVICE
06/05/2012 06:33 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on June 5,
2012 at 1833 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: Mary M.
Zayas-Bazan, by making known unto herself personally, at 154 Faith Circle, Carlisle, Cumberland County,
Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct
copy of the same.
M*NXK BAR-RICK, DEPUTY
SHERIFF COST: $40.00
June 07, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
. t u.l`'S I tc'S -el ff i ,,,rt_ I -
US BANK NATIONAL ASSOCIATION, AS : IN THE COURT OF COMMON PLEAS OF!
TRUSTEE, SUCCESSOR IN INTEREST TO : CUMBERLAND COUNTY, PENNSYLVANIA
WACHOVIA BANK, NATIONAL
ASSOCIATION, AS TRUSTEE FOR : 12-3062 CIVIL
GSMPS 2005-RP33
24TI C=
Plaintiff
r
vs. ter- f
MARY M. ZAYAS-BAZAN : IN MORTGAGI{FORECLOSU1 E",
REQUEST FOR CONCILIATION CONFERENCE'; ?-
Pursuant to the Administrative Order dated February 28, 2012 governing the Cumberland
County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifie?l as
follows:
1. Defendant is the owner of the real property which is the subject of this
mortgage foreclosure acton;
2. Defendant lives in the subject real property, which is the 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. section 4904
relating to unswom falsification to authorities.
tAttomey m s uire ate
De an
s-Bazan, Defend Date
t
US BANK NATIONAL ASSN., AS
TRUSTEE, SUCCESSOR IN
INTEREST TO WACHOVIA
BANK, NATIONAL ASSN., AS
TRUSTEE FOR GSMPS 2005-RPS, :
Plaintiff
VS.
MARY M. ZAYAS-BAZAN
LAURIE L. HERR,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION
NO. 12-3062 CIVIL
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CASE MANAGEMENT ORDER
AND NOW, this 14i1'?5 day of July, 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 I?GGC -? an a, at 10%04 q m. in Chambers
No. 4 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 Financiz
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
r
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 defendantiborrower 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 thf
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
o/ Susan J. Hartman, Esquire
For the Defendant
:rim 41 /Na .lid -7/1-7/1;L
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BY THE COURT,
US BANK NATIONAL
ASSOCIATION, AS TRUSTEE,
SUCCESSOR IN INTEREST TO
WACHOVIA BANK, NATIONAL
ASSOCIATION, AS TRUSTEE
FOR GSMPS 2005-RP3,
Plaintiff
VS.
MARY M. ZAYAS-BAZAN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
: NO. 12-3062 CIVIL r? C-)
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IN RE: CONCILIATION CONFERENCE
Present at a conciliation conference held August 30, 2012, were Brian Yoder, Esquire,
attorney for the plaintiff, and Susan J. Hartman, Esquire, attorney for the defendant.
The Court was advised that all documentation has been prepared in connection with
either a HAMP application or an Internal Loan Modification. It appears that this case may not
qualify for a HAMP modification. The parties have agreed to continue the conference for a
period of thirty (30) days. The Court was advised that in the event that the Internal Loan
Modification is successful, then this case will require an additional trial period of ninety (90)
days.
Continued conciliation conference in this case is set for Wednesday, October 3, 2012, at
1:00 P.M.
September 4, 2012
?? Brian Yoder, Esquire
For the Plaintiff
t1 Susan J. Hartman, Esquire
For the Defendant
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Phelan Hallman & Schmieg, LLB' " o ~ ~ Attorney For Plaintiff
1617 JFK Boulevard, Suite 140¢; ~1M~ ~ ~ ~ ~ $~ ~ C~ U~d ~ .,~,
One Penn Center Plaza ~'~P~~dSYI_VAh~Ik'
Philadelphia, PA 19103
225-563-7000
US BANK NATIONAL ASSOCIATION, AS Court of Common Pleas
TRUSTEE, SUCCESSOR IN INTEREST TO
WACHOVIA BANK, NATIONAL Civil Division
ASSOCIATION, A5 TRUSTEE FOR GSMPS
200'5-RP3 CUMBERLAND County
Plaintiff
No.12-3062-CIVIL
vs
MARY M. ZAYAS-BAZAN
Defendant .
TO THE PROTHONOTARY:
PRAECII'E
[] Please withdraw the complaint and mark the action Discontinued and Ended without prejudice.
® Please mark the above referenced case Settled, Discontinued and Ended.
^ Please Vacate the judgment entered and mazk the action Discontinued and Ended without prejudice.
^ Please mark the in rem judgment Satisfied and the action Discontinued and Ended.
^ Please ,cafe a Judgment entered.
Date: ~~ PHE~INAN & SCHIVIIEG, LLP
By
god, Esq., Id. No.310592
for Plaintiff
PH5 # 298001
Phelan Hallinan & Schmieg, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
Attorney for Plaintiff
US BANK NATIONAL ASSOCIATION, AS Court of Common Pleas
TRUSTEE, SUCCESSOR IN INTEREST TO
WACHOVIA BANK, NATIONAL
ASSOCIATION, AS TRUSTEE FOR GSMFS
2005-RP3
Plaintiff Civil Division
v. CUMBERLAND County
MARY M. ZA.YAS-BAZAN No. 12-3062-CIVIL,
Defendant Mail Code: 1205
PHS # 298001
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:
SUSAN 3. HARTMAN, ESQUIRE
DUNCAN & HARTMAN, P.C.
ONE IRVINE ROW
CARLISLE, P 1 13
Date:
PHE INAN & SCHMIEG, LLP
By:
M w sh ood, Esq., Id. No.310592
y for Plaintiff