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HomeMy WebLinkAbout12-4423C 7 G N C77; D' C-) :x C: A 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. THOMAS J. WHITE CONNIE R. WHITE 18 NEPONSIT LANE CAMP HILL, PA 17011-7926 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM ,uu?3 C;u?l NO. s? CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 301967 Q IG3. ?S? a? ? ??? ll2oaa3 F 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 N: 301967 I . Plaintiff is WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: THOMAS J. WHITE CONNIE R. WHITE 18 NEPONSIT LANE. CAMP HILL, PA 17011-7926 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/25/2004 THOMAS J. WHITE and CONNIE R. WHITE made, executed and delivered a mortgage upon the premises hereinafter described to WASHINGTON MUTUAL BANK, FA which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1883, Page 3736. By Assignment of Mortgage recorded 04/20/2007 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book 0736, Page 0972. 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 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 specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 301967 6 The following amounts are due on the mortgage as of June 29, 2012: Principal Balance $24,412.32 Interest $550.56 02/01/2012 through 06/29/2012 Late Charges $145.76 Property Inspections $126.44 Escrow Balance ($533.22) Suspense Balance ($45.49) TOTAL $24,656.37 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 #: 301967 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $24,656.37, 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 & SCHMIEG, LLP By: 6. aintiff File #: 301967 LEGAL DESCRIPTION ALL THAT CERTAIN LOT OF LAND SITUATE IN THE TOWNSHIP OF LOWER ALLEN, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF NEPONSIT LANE WHICH POINT IS 180 FEET NORTH OF THE NORTHEASTERLY CORNER OF PALMER DRIVE AND NEPONSIT LANE EXTENDED AND AT DIVIDING LINE BETWEEN LOT NOS 4 AND 5 "F" ON THE HEREINAFTER MENTIONED LOT; THENCE ALONG SAID DIVIDING LINE NORTH 89 DEGREES 4 MINUTES WEST 171.72 FEET TO A POINT AT DIVIDING LINE BETWEEN LOT NOS. 4 AND 7 BLOCK "F" ON SAID PLAN; THENCE ALONG SAID DIVIDING LINE NORTH 38 DEGREES 34 MINUTES WEST 28.27 FEET TO A POINT AT DIVIDING LINE BETWEEN LOT NOS. 3 AND 4 BLOCK "F" ON SAID PLAN; THENCE ALONG SAID DIVIDING LINE NORTH 64 DEGREES 38 MINUTES EAST 173.84 FEET TO A POINT ON A WESTERLY LINE OF NEPONSIT LANE AFORESAID; THENCE ALONG SAID DIVIDING LINE IN A SOUTHERLY DIRECTION IN AN ARC HAVING THE RADIUS OF 161.45 FEET A DISTANCE OF 106.62 FEET TO A POINT, THE PLACE OF BEGINNING HAVING THEREON ERECTED PREMISES KNOWN AS 18 NEPONSIT LANE. BEING LOT NO. 4, BLOCK "F" IN PLAN OF COUNTRY AND TOWN HOMES, INC., WHICH PLAN IS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK 7, PAGE 41. TAX ID#: 13-25-0022-235 PROPERTY ADDRESS: 18 NEPONSIT LANE, CAMP HILL, PA 17011-7926 PARCEL # 13-25-0022-235. File #: 301967 VERIFICATION Linda Duncan, hereby states that h(/she ' Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff or mortgage servicing agent for plaintiff in this matter, that he she 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 hi her nformation 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: Name: White File #: 301967 Name: Linda Duncan Title: Vice President Loan Documentation 032-PA-V3 FORM 1 IN THE COURT OF COMMON PLEA2 -CZ _ WELLS FARGO BANK, N.A. OF CUMBERLAND COUNTY, PENNSYfs%NWP Plaintiff(s) _ z = rn_ ? r- M M C THOMAS J. WHITE c-s C) t CONNIE R. WHITE Defendant(s) Civil 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. 7 / Date FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date _ Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Address (if different): City: Phone Numbers: Email: # of people in household: Mailing Address: City: Phone Numbers: Email: # of people in household: State: Zip: Yes ? No ? Listing date: Price: $ Realtor Phone: Yes ? No ? Home: Cell: How long? State: Zip: Home: Offi ce: Cell: 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: $ Date of Last Payment: Included Taxes & Insurance: 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 #l: Model: Year: Amount owed: Value: Automobile #2: Model: Amount owed: Value: Other transportation (automobiles, boats, motorcvcles): Model: Year: Amount owed: Value Year: 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: 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" Mortgage Utilities Car Payment(s) Condo/Nei h. Fees Auto Insurance Med. (not covered) Auto fuel/re airs Other pr p. payment Install. Loan Payment Cable TV , Child Su ort/Alim. Spending Money Da /Child Care/Tuft. Other Ex enses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ? No ? If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ? No F-1 If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ? No ? If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Servicing Company (Name):_ Contact: Phone: Phone: I/We, , authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) ERIFPS OFFICE OF CU BERL.AN©'COUNTY Ronny R Anderson Sheriff (16av' p 0( U1? tr ?? 4? h OFrtCE OF THE SHERIFF V BLED-OEE1CE Of fll? pROT140NOTA- 2012 JUt 30 AM 9.02 NSY?`' ?`N1Jody S Smith CtlliSERLA.t?, CQ ITY QEN Chief Deputy Richard W Stewart Solicitor Welts Fargo Bank, N.A. VS. Thomas J: White (et al.) Class Numb) 2012-4423 SHERIFFS RETURN OF SERVICE 07/20/2012 08:34 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states th on July 20, 2012 at 2034 hours, he served a true copy of the within Complaint in Mortgage Foriscbs ;upon the within named defendant, to wit: Thomas J. White, by nuking known unto Connie WNW, of Defendant at 18 Neponsit Lane, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and the same time handing to her personally the said true and correct copy of the same. 07/20/2012 08:34 PM Dennis Fry, Deputy Sheriff, who being duly swom according to law, states that on July 20, 2012 at 2034 hours, he served a true copy of the within Complaint in Mortgage Foreclosu' e, upon the within named defendant, to wit: Connie R. White, by making known unto herself persona , at 18 Neponsit Lane, Cam Hill, Cumberland County, Pennsylvania 17011 its contents and at the same tim handing to her personally the said true and correct copy of the same. SHERIFF COST: $59.00 July 24, 2012 SO ANSWERS, ,?Z X? RRONMY R ANDI (c) CountySuite Sheriff, Teleosoft, Inc. 2 12 SEP ~ PtH 2: 20 CONE COURT OF COMMON PLEAS OF ?? ?-?C% RERLANDO BERLANDCOUNTY, NNSYLV Plaintiff(s) : PENNSYLVANIA vs. Lo) ?-i T1:5- Defendant(s) : 12 - q q 23 CIVIL REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated February 28, 2012, governing the Cumberl#nd 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 false statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Signature of Defendant's QuasaWAppointed Legal R4presentative Date f Signature o efendant Signaturb of Defendant Date i- s z Date NOTICE OF SPECIAL NEEDS ACCOMMODATIONS The undersigned pro bono legal representative for the defendants hereby notifies the Court that the defendants in this matter are hearing impaired and that a state licensed certified interpreter will be required for the conciliation conference to be scheduled in this matter. Robert P. Kline, Esquire CERTIFICATE OF SERVICE I :hereby certify that I served a true and correct copy of the Request for Conciliation Conference upon the Plaintiff, by depositing same in the United States Mail, first class, postage pre-paid on the day of September, 2012, from New Cumberland, Pennsylvania, addressed as follows: Matthew G. Brushwood, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Defendants Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. . Plaintiff vs THOMAS J. WHITE CONNIE R. WHITE Defendant TO THE PROTHONOTARY: Attorney For Plaintiff ( Court of Common Pleas Civil Division CUMBERLAND County No. 12-4423-CIVIL PRAECIPE ° C) ) C:) ? 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: PI ELAAHLLINAN & SCHMIEG, LLP Melissa J. Cantwell, Es ., o.308912 Attorney for Plaintiff PHS 4 301967 Phelan Hallman & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK. N.A. Plaintiff THOMAS J. WHITE CONNIE R. WHITE Defendant V. Attorney for Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No. 12-4423-CIVIL CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: THOMAS J. WHITE CONNIE R. WHITE 18 NEPONSIT LANE CAMP HILL, PA 17011-7926 Date: LAN LLINA SCHMIEG, LLP By: Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff PHS 4 301967