HomeMy WebLinkAbout12-4275?BIZ ,S'?1. 10 ?M t0? t i
rt1MBERLANO CD?ATY
p?t?NSYLVA
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.
KIMBERLY L. EVANS
2204 FEN WICK AVENUE
MECHANICSBURG, PA 17055-5719
Defendant
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
NO. I D -e4asP -15 ?ivd
CUMBERLAND COUNTY
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File #: 302821
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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 Noticed,
are served by entering a written appearance personally or by attorney and filing in writing withal
the Court your defenses or objections to the claims set forth against you. You are warned that ?f
you fail to do so, the case may proceed without you, and a judgment may be entered against yo}a
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 OF: 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 #: 302821
L, 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:
KIMBERLY L. EVANS
2204 FENWICK AVENUE
MECHANICSBURG, PA 17055-5719
who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 03/14/2005 KIMBERLY L. EVANS made, executed and delivered a mortgage upon
the premises hereinafter described to PLAINTIFF which mortgage is recorded in the
Office of the Recorder of Deeds of CUMBERLAND County, in Book 1900, Page 48841.
The mortgage and assignment(s), if any, are matters of public record and are incorporat?:,d
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 olf
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 03/01/2012 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 specifiO,d
by written notice sent to Mortgagor, the entire principal balance and all interest due
thereon are collectible forthwith.
File P: 302821
6., The following amounts are due on the mortgage as of 06/27/2012:
Principal Balance $64,113.10
Interest $1,394.15
02/01/2012 through 06/27/2012
Late Charges $162.20
Property Inspections $45.00
Escrow Balance ($1,155.93)
Suspense Balance ($48.00)
TOTAL $64,510.52
7. 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.
8. Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as
required by the mortgage document, as applicable, have been sent to the Defendant(s) oJ I l
the date(s) set forth thereon.
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$64,510.52, 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 HA
B*
Attorney for Plaintiff
, LLP
File #t 302821
LEGAL DESCRIPTION
All that certain parcel of land situated in the Township of Upper Allen, County of Cumberland,
Commonwealth of Pennsylvania, being known and designated as beginning at a point on the
Eastern line of Stumpstown Road at the Southwest corner of Lot No. 134 as shown on the
hereinafter mentioned Plan of Lots; thence by the dividing line between Lots Nos. 134 and 13),,
South 88 degrees 03 minutes East, 148.15 feet to a point; thence by the dividing line between
Lots Nos. 136 and 137, South 01 degrees 57 minutes West, 140 feet to a point on the Northern
line of Fenwick Avenue; thence by the Northern line of Fenwick Avenue, North 88 degrees 03
minutes West, 121.13 feet to a point; thence by an arc or curve to the right with a radius of 20 ?I
feet, an arc distance of 30.25 feet to a point on the Eastern line of the Stumpstown Road; thence
by the Eastern line of said Road, North 01 degrees 37 minutes West, 121.37 feet to a point, the',
place of beginning.
Being Lot No. 137 on the Plan of Lots of Center Square Manor, Extension A, Plan No. 3, whic?
said plan is recorded in Plan Book 25, Page 80, Cumberland County Records.
Tax ID: 42-30-2108-217
PROPERTY ADDRESS: 2204 FENWICK AVENUE, MECHANICSBURG, PA 17055-
5719
PARCEL # 42-30-2108-217
File #: 302821
VERIFICATION
Florence Gomez, hereby states that h /she is Vice President Loan Documentation
of WELLS FARGO BANK, N.A.., plainti or mortgage servicing agent for plaintiff in
this matter, that h?she is authorized to make this Verification, and verify that the
statements main the foregoing Civil Action in Mortgage Foreclosure are true and
correct to the best o/esubject er information and belief. The undersigned understands that
this statement is ina to the penalties of 18 Pa. C.S. Sec. 4904 relating to
unsworn falsification to authorities.
DATE: 4/;2
NAME: Evans
FILE 4: 302821
032-PA-V3
Title: Vice President Loan Documentation
FORM 1
IN THE COURT OF COMMON PLEAS
WELLS FARGO BANK, N.A. OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s)
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KIMBERLY L. EVANS ";u ?*tr
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Defendant(s) --Civil C) cf:;
NOTICE OF RESIDENTIAL MORTGAGE FORECL(1
DIVERSION PROGRAMS
? n
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 belable 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 conf rence.
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 li
requested financial information so that a loan resolution proposal can be prepared on your behalf. Ifyou and youll 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 h eve an
opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with y our
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 eligibl? for a
conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a le qal
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 atta hed
hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be file ?Jl
within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation confertable
e is
scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out 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.
Respectfully submitted:
--1 _
Date
Attorney for Plamoff ?? ??
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 informatioli to
the best of your knowledge:
Borrower name(s):
Property Address:
City: State: Zip: -
Is the property for sale? Yes ? No El Listing date: Price: $
Realtor Name: _ Realtor Phone:
Borrower Occupied? Yes ? No ?
Mailing Address (if different): _
City: _ State: -Zip:
Phone Numbers: Home: Office:
-
Cell: _
Other: ---
-
Email: - - -
# of people in household: _ How long?
Mailing Address:
? I
City: State: Zip:
Phone Numbers: Home:_ _ Office:
Cell: _ Other: ----
Email: - --
# of people in household: How long?
I
First Mortgage Lender: _
Type of Loan:
Loan Number: Date You Closed Your Loan:
Second Mortgage Lender:
-
Type of Loan: --- --- --
Loan Number: --
Total Mortgage Payments Amou nt: Included Taxes & Insurance:
Date of Last Payment: -
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 #l: 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:
L Monthly Gross
2. -Monthly Gross
3. _ Monthly Gross
Additional Income Description (not wages):
I . 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
2°d Mortgage _
_ Utilities
Car Pa ment(s) _ Condo/Nei h. Fees
Auto Insurance - Med. (not covered)
Auto fuel/repairs Other prop, payment
Install. Loan Payment _ Cable TV
Child Su ort/Alim. Spending Money
Da /Child Care/Tuit. 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:
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 ydur
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 evaluat ng my
financial situation for possible mortgage options. 1/We understand that I/we am/are under no obligatio?i 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)
1 6. Listing agreement (if property is currently on the market)
SHERIFF'S OFFICE OF CUMBERLAND COUNT'S
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
L°aop rt Cuatbt1%#4#
OFFICE OF THE SHERIFF
TWE pR4TNtilao't
Ati 9: 02
rUMBERLAW C NTY
PEl1NSYLYA 1A
Welts Fargo Bank, NA C Number
vs. 012-4275
Kimberly L. Evans
SHERIFF'S RETURN OF SERVICE
07/17/2012 06:42 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on July 17,
2012 at 1842 hours, he served a true copy of the within Complaint in Mortgage Foreclosuand Notice
Residential Mortgape Foreclosure Diversion Program, upon the within named defendant, o wit: Kimbe
L. Evans, by making known unto herself personally, at 2204 Fenwick Avenue, Mectanicat urg,
Cumberland County, Pennsylvania 17055 its contents and at the some time handing to hekr personally
said true and correct copy of the same.
SHERIFF COST: $38.00
July 23, 2012
(c) CountySuite Sheriff. Teleosoft. Inc.
SO ANSWERS,
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