HomeMy WebLinkAbout12-3311D COUNT"
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PHELAN,HALLINAN & SCHMIEG, LLP
Allison F.',Wells, Esq., Id. No.309519
1617 JFKI,Boulevard, Suite 1400
One Penn 'Center Plaza
Philadelphia, PA 19103
215-563-7000
AURORA BANK FSB.
2617 COLLEGE PARK
SCOTTSBLUFF, NE 69361-2294
Plaintiff
V.
WANDA M. WEYANDT
DAVID L. WEYANDT
1340 GOOD HOPE ROAD
MECHANICSBURG, PA 17050-2054
Defendants
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM Nil
NO. )D -3311 CUMBERLAND COUNTY
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File #: 293664
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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 #: 293664
Plaintiff is
AURORA BANK FSB
26,17 COLLEGE PARK
SCOTTSBLUFF, NE 69361-2294
2. The name(s) and last known address(es) of the Defendant(s) are:
WANDA M. WEYANDT
DAVID L. WEYANDT
13140 GOOD HOPE ROAD
MECHANICSBURG, PA 17050-2054
who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. Ob 10/23/2009 WANDA M. WEYANDT and DAVID L. WEYANDT made, executed
and delivered a mortgage upon the premises hereinafter described to MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE
FOR AMERICAN FINANCIAL RESOURCES, INC., A NEW JERSEY
CORPORATION which mortgage is recorded in the Office of the Recorder of Deeds of
CUMBERLAND County, in Mortgage Instrument No. 200936800. By Assignment of
Mortgage recorded 04/16/2012 the mortgage was assigned to PLAINTIFF which
Assignment is recorded in Assignment of Mortgage Instrument No. 201210896.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. Thle premises subject to said mortgage is described as attached.
The mortgage is in default because monthly payments of principal and interest upon said
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
File #: 293664
by written notice sent to Mortgagor, the entire principal balance and all interest due
6.
thereon are collectible forthwith.
The following amounts are due on the mortgage as of 04/01/2012:
Principal Balance $166,157.13
Interest $4,984.74
10/01/2011 through 04/01/2012
Late Charges $278.27
Mortgage Insurance Premium / $135.06
Private Mortgage Insurance
Subtotal $171,555.20
Suspense Credit 0.93
TOTAL $171,554.27
7
8.
Plaintiff is not seeking a judgment of personal liability (or an in personam 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 #: 293664
WHEREPORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$171,554.27, 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 HALLINANMIEG, LLP
By:
Allison F:, Esq., Id. No.309519
Attorney for Plaintiff
File #: 293664'
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land situate in the Township of Hampden County of Cumberland,
Commonwealth of Pennsylvania, bounded and described as follows, to wit:
BEGINNNG at a point in the public road leading from the Wertzville Road to Good Hope Mills,
corner of land now or formerly of Catherin A. Shuman; thence along the line of land now or
formerly of Catherine A. Shuman, North 6 degrees 30 minutes East three hundred twenty-three
and five-tenths (323.5) feet to an iron pin on the line of land now or formerly of the George W.
Hummel, Estate; thence along said line of land of the George W. Hummel, Estate, North 86
degrees East ninety (90) feet to a post; thence along the line of lands of the same South 12
degrees 30 minutes East three hundred fifty (350) feet to a post; thence still by the line of lands
of the same North 78 degrees 15 minutes West on hundred fifty-two and nine-tenths (152.9) feet
to a stake (said last mentioned course running along the northern line of a private lane belonging
to the aforjesaid George W. Hummel Estate); thence South 37 degrees 30 minutes West thirty-
nine (39) Feet to a point in the public road leading from the Wertzville Road to Good Hope Mills,
aforesaid; !thence along in said road North 67 degrees West thirty-three (33) feet to a point at the
place of BEGINNING.
Containing one and seven one-hundredths (1.07) acres of land and HAVING thereon erected a
frame building.
PROPERTY ADDRESS: 1340 GOOD HOPE ROAD, MECHANICSBURG, PA 17050-
2054
PARCEL I# 10-16-1060-006.
File #: 293664'
VERIFICATION
foreclosure
Cynthia L Brokamp ,hereby states that he/she is Processor III of AURORA
BANK FHB, Plaintiff in this matter, that he/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 of his/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
0-1
Foreclosure Processor III
AURORA BANK FSB
File#: 2931664 (FHA)
Name: WEYANDT
File k 293664
FORM 1
AURORA BANK FSB.
vs.
WANDA M. WEYANDT
DAVID L. WEYANDT
IN THE COURT OF COMMON PLEAS
Plaintiff(s) OF CUMBERLAND COUNTY, PENNSYLVANIA
Defendant(s) ?`51 ` Civil
NOTICE OF RESIDENTIAL MORTGAGE
DIVERSION PROGRAM
_?. rat
FORECL042?'_
lose your home. - - r
,......, rte'
You have been served with a foreclosure complaint that could cause you to
If you own and live in the residential property which is the subject of this foreclosure action, you maybe &Ne to-
participate iln 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 2$10 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you.
Once you h ve been appointed a legal representative, you must promptly meet with that legal representative within
twenty (20) Idays 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
opportunityto 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
conciliatio 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.
517'q?a?
Date
Respectfully submitted:
Allison F. Wells, 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 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 ame(s):
Property Address:
City:
Is the property for sale?
Realtor Najme:
Borrower Occupied?
Mailing Address (if different):
City:
Phone Numbers:
Email:
# of peopld in household:
Mailing Address:
City:
Phone Numbers:
Email:
# of people'', in household:
First Mortgage Lender:
Type of. 3;;:
State: Zip:
Yes El No El Listing date: Price: $
Realtor Phone:
Yes ? No ?
Home: Office:
Cell: Other:
State: Zip:
How long?
Home: Office:
Cell: Other:
State: Zip:
How long?
Loan Number: Date You Closed Your Loan:
Second Mortgage Lender:
:
Type of Lo?er:
Loan Nun Total Mortage Payments Amount: $ Included Taxes & Insurance:
Date of Last Payment:
Primary Re4son for Default:
r
Is the loan in Bankruptcy? Yes ? No ?
If yes, provide names, location of court, case number & attorney:
Assets
Home:
Other Real Estate
Retirement Funds
Investments:
Checking:
Savings:
Other:
Amount Owed:
$
Value:
Automobil' #1: Model: Year:
Amount o ed: Value:
Automobil #2: Model: Year:
Amount owed: Value:
_ Other t?portation (automobiles boats motoLcycles): Model:
Year:_ Amount owed: Value
Monthly I come
Name of E ployers:
I . 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 ay Days: Co-Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mort a e Food
2" Morta e Utilities
Car Pa e it(s) Condo/Neigh, Fees
Auto Insur, ce Med. not covered
Auto fuel/repairs Other prop. payment
Install. Loa, i Payment Cable TV
Child Su rt/Alim. Spending Money
Da /Child are/Tuit. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income & Expenses:
Have you been working with a Housing Counseling Agency?
Yes ? No ?
If yes, please provide the following information:
Counseling (Agency:
Counselor:
Phone (Office): Fax:
f
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP)
assistance?
Yes ? Nb ?
If yes, pleajse indicate the status of the application:
Have you lead any prior negotiations with your lender or lender s loan servicing company to resolve your
delinquency?
Yes ? Nb ?
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:
UWe, , authorize the above named
to use/refer this information to my lender/servicer for the sole purpose of evaluating my
financial si ation for possible mortgage options. UWe understand that I/we am/are under no obligation to
use the counseling services provided by the above named
Borrower ignature
Date
Co-Borrower Signature
Date
Please forward this document along with the following information to lender and lender's
counsel:
1. Pr of 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)
Servicing (company (Name):
Contact: Phone:
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
ati,?
Jody S Smith
Chief Deputy ?T I? t
Asti 9 27
Richard W Stewart
Solicitor
PF?4,NSYL' AM-1IA
Aurora Bank FSB
vs. Case Number
David L. Weyandt (et al.) 2012-3311
SHERIFF'S RETURN OF SERVICE
05/29/2012 08:24 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on May
29, 2012 at 2024 hours, she 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:
David L. Weyandt, by making known unto himself personally, at 1340 Good Hope Road, Mechanicsburg,
Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the
said true and correct copy of the same.
MICHELLE GUTS A , DEPUTY
05/29/2012 08:24 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on May
29, 2012 at 2024 hours, she 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:
Wanda M. Weyandt, by making known unto David Weyandt, Husband of Defendant at 1340 Good Hope
Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time
handing to him personally the said true and correct copy of the same.
L -_
- 1/21 MICVLLE GUTSHALL, DEPUTY
SHERIFF COST: $54.00
June 04, 2012
SO ANSWERS,
4RONANDERSON, SHERIFF
(C) CountySuite Sheriff, Teleosoft. Inc.
Michael J. Pykosh, Esquire
ID # 58851 N
Dethlefs-Pykosh Law Group, LLC
2132 M
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ar
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Camp Hill, Pennsylvania 17011
Telephone - (717) 975-9446 co
Fax - (717) 975-2309 r-2
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movkgilDi Zdolalaw.com Attorn ey fort anS7XI
t
AURORA BANK FSB, IN THE COURT OF COMMON PLEAS OF C__
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA, co
V.
WANDA M. WEYANDT and
DAVID L. WEYANDT, 12-3311 -CIVIL
Defendants
REQUEST FOR CONCILIATION CONFERENCE
Pursuant to the Administrative Order dated February 28, 2012 governing the
Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned
hereby certifies as follows:
1. Defendant is the owner of the real property which is the subject of this mortgage
foreclosure action;
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 statements are made subject to the penalties of 18 Pa.C.S. §4904 relating to
unsworn falsification to authorities.
-7/« I
c a I J. Pykosh, Esquire Date
Defendants' Counsel / Legal Representative
l
ands M. Weyandt, Defends Date
L X, / /' 7/,
David L. Weyandt, Defendant Date ??
Michael J. Pykosh, Esquire
ID # 58851
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, Pennsylvania 17011
Telephone - (717) 975-9446
Fax - (717) 975-2309
Attorney for Defendants
fK FSB, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
WANDA M. WEYANDT and
DAVID L. WEYANDT, 12-3311 -CIVIL
Defendants
CERTIFICATE OF SERVICES
I hereby certify that a copy of the foregoing DEFENDANTS' REQUEST
CONCILIATION CONFERENCE, was hereby served by depositing the same within the
of the United States Postal Service, First Class, postage prepaid, addressed as follows:
Aurora Bank, FSB
c/o Allison F. Wells, Esquire
Phelan Hallinan & Schmieg, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Respectfully Submitted,
Date: 711 (1 Z By:
Michael J. Pykosh, Esquire
ID #58851
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, PA 17011
717-975-9446
Attorney for Defendants
AURORA BANK FSB, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION—LAW
WANDA M. WEYANDT and NO. 12-3311 CIVIL
DAVID L. WEYANDT,
Defendants
ORDER
AND NOW, this 12 day of April, 2013, at the request of counsel, the conciliation
conference set for April 17, 2013, is continued to Friday, May 24, 2013, at 10:30 a.m. in the
Chambers of the undersigned.
BY THE COURT,
Kevin . Hess, P. J.
&/Troy Sellars, Esquire
For the Plaintiff
✓Michael Pykosh, Esquire ,
For the Defendant
Am �
7
AURORA BANK FSB, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION—LAW
NO. 12-3311 CIVIL
WANDA M. WEYANDT and
DAVID L. WEYANDT,
Defendants
ORDER
AND NOW, this /y day of May, 2013, the conciliation conference set for May
24, 2013, is continued to Friday, May 31, 2013, at 3:00 p.m. in the Chambers of the
undersigned.
BY THE COURT,
Kevi A. Hess, P. J.
Troy Sellars, Esquire
For the Plaintiff
-/ Michael Pykosh, Esquire
For the Defendant
:rlm
rn Ca
F
3
AURORA BANK FSB, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION—LAWS =5=t
NO. 12-3311 CIVIL , "D
WANDA M. WEYANDT and CD
DAVID L. WEYANDT, -
Defendants
ORDER C CID
Present at a conciliation conference held May 31, 2013, were Troy Sellars, Esquire,
attorney for the plaintiff, and Michael Pykosh, Esquire, attorney for the defendants.
In this case,the defendants have made various submissions to the bank in connection
with a loan modification but no response has been forthcoming. It appears that, finally, someone
at the office of the plaintiff is prepared to review this matter. Any submissions required of the
defendants will be updated without unnecessary delay. Because this case has been so protracted,
unless a review has been completed by that time and a response from the plaintiff has been
forthcoming, we will direct that a representative of the plaintiff bank appear in person at the
continued conciliation conference.
ORDER
AND NOW,.this 3"� day of June, 2013, continued conciliation conference is set for
Friday, Augu9t 30, 2013, at 1:30 p.m. in Chambers of the undersigned. If a continued
conciliation conference is necessary by virtue of the fact that no response has been received from
x
the plaintiff, it is directed that a representative of the plaintiff appear in person.
BY THE COURT,
Kevin . Hess, P. J.
ZTroy Sellars, Esquire
For the Plaintiff
Michael Pykosh, Esquire
For the Defendant
Am
r D-OFFIC`"
PROTHIONOTARY
Phelan Hatlinan,LLP
2013 JUL 17 AM I 01
Attorney.For Plaintiff
1617 JFK Boulevard,Suite 1400 CUMBERLAND COU14TY
One Penn Center Plaza PENNSYLVANIA
Philadelphia,PA 19103
215-563-7000
AURORA BANK FSB Court of Common Pleas
Plaintiff ,
Civil Division
vs
CUMBERLAND County
WANDA M. WEYANDT
DAVID L.WEYANDT No.12-3311-CIVIL
Defendant
PRAECIPE
TO THE PROTHONOTARY:
® 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 mark the action Discontinued and Ended without prejudice.
❑ Please mark the in rem judgment Satisfied and the action Discontinued and Ended.
❑ Please Vacate the Judgment entered.
Date: Me PHELAN HALLIN LLP
By:
Jon n Lobb,Esq.,Id. No.312174
Attorney for Plaintiff
PH#293664
Phelan Hallinan,LLP Attorney for Plaintiff
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
215-563-7000
AURORA BANK FSB Court of Common Pleas
Plaintiff Civil Division
V. CUMBERLAND County
WANDA M.WEYANDT No. 12-3311-CIVIL
DAVID L.WEYANDT
Defendant PH#293664
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:
MICHAEL PYKOSH,ESQUIRE
2132 MARKET ST
CAMP HILL,PA 17011
Date: PHELAN IIALLINAN,LLP
By:
Jo an Lobb,Esq.,Id.No.312174
Attorney for Plaintiff