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HomeMy WebLinkAbout12-5630 _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION NO. (a - 5ro30 ivi l lerl~ Plaintiff, COMPLAINT IN MORTGAGE FORECLOSURE vs. MORTGAGE FORECLOSURE Tina M. Olewiler, Filed on behalf of Plaintiff Counsel of record for this party: Defendant. Lois M. Vitti, Esquire TODEFENDANr(S]: PA I.D. #209865 YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT IN MORTGAGE FORECLOSURE W~TTHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT ]UDGMENT MAY BE ENTERED Vitti & Vitti & Associates, P.C. AGAINST YOU. 215 Fourth Avenue BY: ,s, ~o~ Pittsburgh, PA 15222 Acto.eeyror wa~~s~x (412) 281-1725 ~ 1 Tl ~ x~ ~ ~{-rv ~ x ~C_r ~ ~ N c:~a ~ y v ~l03.75 PA ~~a~Q~~ ~~~y33 _ PNC BANK, NATIONAL ASSOCIATION, IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, : vs. :CIVIL ACTION -LAW Tina M. Olewiler, Defendant. ~ No. COMPLAINT IN MORTGAGE FORECLOSURE NOTI E YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FdIRTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENfiERING A WRITTEN APPEARANCE PERSONALLY OR BY THE ATTORNEY ANDS FILING IN WRITING WITH THE COURT YOUR DEFENSES AND OB]ECTIONS TQI THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU Fpu'IL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A ]UDGMENT MAYBE ENTEREDAGAINSTYOU BYTHE COURT WITHOUT FURTHER NOTICE FOR AI~7i' MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BYTHE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOWED TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT MAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TH6' OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CI#NNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO E4IGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 (717) 249-3166 PNC BANK, NATIONAL ASSOCIATION, IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW Tina M. Olewiler, Defendant. No. CO1~!IPLAINT IN MORTGAGE FORECLOSURE NOW, comes the Plaintiff by its attorneys, Vitti & Vitti & Associates, P.C. and Lois M. Vitti, Esquire, and pursuant to the Pennsylvania Rules of Civil Procedure Numbers 1141 through 1150, for its Complaint in Mortgage Foreclosure, sets forth the following: 1. The Plaintiff is a national association having a principal place of business located at 3232 Newmark Drive, Miamisburg, OH 45342. Plaintiff is the holder of the mortgage and is seeking enforcement of the mortgage through foreclosure. 2. The Defendant is an individual who resides at 5544 Moreland Court, Mechanicsburg, PA 17055. The property address is 5544 Moreland Court, Mechanicsburg, PA 17055 and is the subject of this action. 3. On the 31st day of January, 2008, in consideration of a loan of One Hundred Forty Seven Thousand Eight Hundred Thirty One Dollars and 00/100 ($147,831.00) made by National City Mortgage, a division of National City Bank to Defendant, the said Defendant executed and delivered to National City Mortgage, a division of National City Bank a "Note" secured by a Mortgage with the Defendant as mortgagor and National City Mortgage, a division of National City Bank as mortgagee, which mortgage was recorded on the 5th day of February 2008, in the OfFce of the Recorder of Deeds of Cumberland - County, at Instrument No. 200803607. The said mortgage is incorporated herein by reference thereto as though the same were set forth fully at length. The Plaintiff, PNC Bank, National Association is successor by merger to National City Mortgage, a division of National City Bank. 4. The premises secured by the mortgage are: SEE EXHIBIT 'A "ATTACHED HERETO. 5. Said mortgage provides, inter alias "that when as soon as the principal debt secured shall become due and payable, or in case default shall be made in the payment of any installment of principal and interest, or any monthly payment, keeping and performance by the mortgagor of any of the terms, conditions or covenants of the mortgage or note, it shall be lawful for mortgagee to bring an Action of Mortgage Foreclosure, or other proceedings upon the mortgage, of principal debt, interest and all other recoverable sums, together with attorney's fees." 6. Since April 1, 2012, the mortgage has been in default by reason, inter alia, of the failure of the mortgagor to make payments provided for in the said mortgage (including principal and interest) and, under the terms of the mortgage, the entire principal sum is due and payable. 7. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant on the date set forth thereon, and the temporary stay as provided the said notice has terminated because Defendant has failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has been denied assistance by the Pennsylvania Housing Finance Agency. _ _ 8. The amount due on said mortgage is itemized on the attached schedule. 9. Pursuant to Pennsylvania Rule of Civil Procedure 1144, the Plaintiff releases from liability for the debt secured by the mortgage any mortgagor, personal representative, heir or devisee of the mortgagor who is not a real owner of the property at the time of the filing of this Complaint. WHEREFORE, pursuant to Pennsylvania Rule of Civil Procedure Number 1147(6), Plaintiff demands judgment for the amount due of One Hundred Fifty Seven Thousand Five Hundred Eight Four Dollars and 93/100 ($157,584.93) with interest and costs. Respectfully submitted, VITTI & SOCIATES, P.C. BY: _ Lois itti, Esquire Attorney for Plaintiff _ _ _ ~ SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance 139,507.26 Interest @ 5.8750% from 03/01/12 through 9/30/2012 4,782.90 (Plus $22.4549 per day after 9/30/2012 ) Late charges through 9/5/2012 0 months @ 44.51 Accumulated beforehand 178.04 (Plus $44.51 on the 17th day of each month after 9/5/2012 ) Attorney's fee 6,975.36 Escrow deficit 6,141.37 (This figure includes projected additional charges that may be incurred by the Plaintiff and transmitted to the sheriff as charges on the writ prior to the date of the sheriffs sale) BALANCE DUE 157,584.93 EXHIBIT "A" LEGAL DESCRIPTION All that certain condominium unit situated in Village of Moreland II, A Condominium (the "Condominium"), Lower Allen Township, Cumberland County, Pennsylvania, being designated as Unit No. 5544 in the Declaration of the Condominium, dated and recorded Decemlber 20, 1989, in Cumberland County Miscellaneous Book 3?3, Page 1108, and the Declaration Plan of the Condominium dated and recorded December 20, 1989, in Cumberland County Plan Book 59, Page 118, under the provisions of the Uniform"Act") Together with all right, title and interest of, in and to the Common Elements as more fully set forth in the aforesaid Declaration of Condominium and Declaration Plans, as amended from time to time. The Gn3ntees, for and on behalf of the Grantees, and the Grantee's heirs, personal representatives, successors and assigns, by the acceptance of this deed, covenant and agree to pay such charges for the maintenance of, repairs to, replacement of and expenses in comtection with the Common Elements as may be assessed from time to time by the Executive Board in accordance with the Act; and further, Grantees covenant and agree that the unit conveyed by this deed shall be subject to a charge for all amounts so assessed and that, except insofar as applicable Sections of the Act may relieve a subsegpent unit owner of liability for prior unpaid assessments, this covenant shall run with and bind the land or unit hereby conveyed. The Grantees, for and on behalf of the Grantees, and the Grantee's heirs, personal representatives, successors and assigns, by acceptance of this deed, acknowledges that this conveyance is subject in every respect to the Declaration, the Declaration Plans, By- Laws ahd all amendments thereto; and the Grantees further acknowledge that each and every provision of the foregoing is essential to the best interest and for the benefit of all unit ov~mers therein. Grantees and all owners of units in the Condominium covenant and agree, as a covenant running with the land, to abide by each and every provision of said documents. The Grantees, for and on behalf of the Grantees, acknowledges that the Grantees have received, no later that fifteen (15) days prior to this conveyance a full and complete Public Uffering Statement for the Condominium and„ therefore, waives any and all rights under Section 3406®of the Act. Exhibit A -Legal Description _ gyp, VERIFICATION AND NOW Lois M. Vitti verifies that the statements made in this Complaint are true and correct to the best of her information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. By virtue of the fact that the Plaintiff is outside the jurisdiction of the court and the verification cannot be obtained within the time allowed for the filing of this pleading, the pleading is submitted by counsel based upon the information provided her by the Plaintiff. Lois M. ' Dated: September 5, 2012 _ _ Request for Service Ronny R. Anderson, Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA i~oi3 Ph: ~i~.z4o.639o Fx: 7i~.Z4o.6397 Plaintiff/s: Court Number: PNC Bank, National Association Expiration Date Type of Action: Defendant/s: Tina M. dlewiler Serve Upon: Tina M. O'lewiler Address for Service: 5544 Moreland Court Mechanicsburg State PA 17055 Alternate Address for for Service: State AR Type of Service: ~X Adult in Charge r Personal r, Deputize Certified Mail r Posting **Copy of Court Order Required with Posting** Special Service Instructions: *If service is to be made by deputized service to another county please specify which county* Filing Attorney: Name: Lois M. Vitti, Esquire Address: 215 Fourth Avneue Pittsburgh _ _ State PA 15222. Phone Number: +1 (412) 281-1725 COMMONWEALTH OF PENNSYLVANIA NINTH JUDICIAL DISTRICT COURT OF COMMON PLEAS -CUMBERLAND COUNTY ADMIlVISTRATIVE ORDER AND NOW, this ZS'' day of February, 2012, the Cumberland County Court of Common Pleas having recognized the current mortgage foreclosure crisis hereby establishes a Mortgage Foreclosure Diversion Program: (a) In all residential mortgage foreclosure actions involving a residential property which serves as the primary residence of the defendant/borrower, the complaint shall include a Notice of Residential Mortgage Foreclosure Diversian Program in the format set forth in Form 1 and a Financial Worksheet in the format set forth in Form 2. (b) Following the service of the complaint, Notice of Residential Mortgage Foreclosure Diversion. Program and Financial Worksheet, all proceedings shall be stayed for a period of sixty (60) days from the date of service of the complaint in order to afford the defendant/borrower an opportunity to qualify for participation in a court- supervised Conciliation Conference. (c) If the defendant/borrower in a residential mortgage foreclosure action has taken the affirmative steps identified in the Notice of Residential Mortgage Foreclosure Diversion Program to be eligible to participate in acourt-supervised Conciliation Conference, the defendant/borrower shall file a Request for Conciliation Conference in the form as set forth in Form 3 within the sixty (60) day time limit set forth in the Notice. The Request for Conciliation Conference shall be served upon counsel for i III, _ the plaintiff/lender. A copy of the Request for Conciliation Conference shall also be served upon the Court Administrator for assignment to a judge. (d) Upon receipt ofthe Request for Conciliation Conference, the court shall issue a case management order providing for the scheduling and conducting of a Conciliation Conference. See Form 4. (e) The defemdant/borrower shall be entitled to participate in acourt-supervised conciliation conference with the plaintiffllender in all residential mortgage foreclosure actions in which the defendant/borrower has completed a Financial Worksheet in the format set forth in Form 2 in advance of the Conciliation Conference and has filed and served a Request for a Conciliation Conference. (f) To be eligible to participate in a Conciliation Conference an otherwise unrepresented defendant/borrower who has been served with a Notice of Residential Mortgage Foreclosure Diversion Program must contact MidPenn Legal Services at 71.7-243- 9400 extension 2510 or 800-822-5288 extension 2510 far the appointment of a legal representative at no charge to the defendant/borrower, meet with the appointed legal representative, complete a Financial Worksheet, and file the Request for Conciliation Conference form within the time deadline set forth in the Notice. (g) If the defendantJborrower is represented by counsel in the mortgage foreclosure action, the defendant/borrower need not contact MidPenn Legal Services for the appointment of a legal representative but, instead, counsel for the defendantlborrower shall ensure completion of the prescribed Financial Worksheet and file the Request for Conciliation Conference form within the time deadline set forth in the Notice. i {h) 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. {i} Conciliation conferences in Residential Mortgage Foreclosure acrions will. be conducted at such time and place as fixed in the case management order and will be conducted by a judge. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaindff/lender must either attend the Conciliation Conference in person or be available by telephone during 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. It is important, therefore, that counsel for the plaintiffllender discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. The court, in its discretion, may require the personal attendance of the authorized representative of the plaintiff/lender at the Conciliation Conference. {j) At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which include, but are not limited to: 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 vacate in the near future in exchange for not contesting the matter and a monetary payment; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty (60} months; and the institution of bankruptcy proceedings. (k) If more than sixty (b0) days has elapsed since the service of the Notice of Residential Mortgage Foreclosure Diversion Program and the defendantlbormwer has not opted to participate in the Diversion Program by taking the affirmative steps required by the Notice or the defendantlborrower has failed to serve a completed Financial Worksheet as required, or the parties have participated in acourt-supervised Conciliation Conference and have been unable to resolve the matter, on motion of the plaintiff, the temporary stay will. be terminated. (1) The appearance by an attorney at the Conciliation Conference shall not be deemed to be an entry of appearance in the mortgage foreclosure action. (m) This order shall take effect April 1, 2012, or thirty (30) days from the date of publication in the Pennsylvania Bulletin and remain in effect until June 30, 2014. BY THE COURT, Kevi .Hess, P. J. FORM 1 PNC Bank, National Association, IIV THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL~I~; Plaintiff(s) m i-~ t Tina M. Olewiler~ ° Defendant(s) ~ - S(o3O Civil ~ ~ NOTICE OF RESIDENTIAL MORTGAGE FOREC~C~~[ DI'~ERSION 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 acourt-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not Gave a lawyer,. you mast take the following steps to be eligible for a conciliation conference. First, withjin twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9k100 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no chazge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within. twenty (20) .days of the appointtnent date. During that meeting, you. must proviide 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, thelegai representative will prepare and file 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 rep>~~esented by a lawyer, you and. your lawyer must take the following steps to be eligible for a concitiatikpn conference. It is not necessary far 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 lo~ir? 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 Cotart, 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 forwazd. IF YOU WISI~'TO SAYE YOUR HOME, YOU MUST ACT Q ICKLY AND TAKE THE STEPS REQUIRED BnY THIS NOTICE. THIS PROGRAM IS FRE Respectful) u 'tt Date [Signatu Co s IaintiffJ _ _ 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 youtr request for hardship assistance, your lender must consider your circumstances t~ determine possible options while working with your Please provide tlhe following information to the best of your knowledge: Borrower name(s): Property Address: _ City: State: Zip: Is the property for sale? Yes ? No ? Listing date: Priee: $ _ 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: City: State: Zip: _ Phone Numbers: Home: Office: _ Cell: Other: Email: # of people in household: 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 Paylcnent: 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: yew; Amount owed: Value: Automobile #2:~ Model: ~ yew; Amount owed: Value: Other transnort~'~on automobiles boats motorcycles) Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. 2. 3. Additional Income Description {not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Exne~~(Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT ~ Mort a e Food i 2 Mort a Utilities Car Pa ent s Condo/Nei .Fees Auto Insurance Med. not covered Auto fueUre irs Other ro . a ent Install. Loan Pa ent Cable TV Child Su rt/Al tn. S endin Mone Da /Child Car r~it. Other Ex enses Amount Availably 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): Fes; 2: i _ . . _.w..__._._.__..- Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ? Nv ? 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 know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: I/We, ,authorize the above named to use/refer this information to my lender/services for the sole purpose of evalulating my financial situation for possible mortgage options. IIWe understand that l/we amaze under no obligation to use the 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 lead-eIr's counsel: -Y Proof of income Past 2 bank statements Proof of any expected income for the last 45 days Copy of a current utility bill Letter exjplaining reason for delinquency and any supporting documentation (hardship letter} Listing agreement {if property is currently on the market) .3 r FORM 3 PNC Bank, National Association, : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. . Tina M. Olewiler, . Defendants} CIVIL REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated , 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 acourt-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 unsworn falsification to authorities. Signature of Defendant's CounsellAppointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date _ _ ~ ir, FORM 4 PNC Bank, National Association, ~ THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) CIVIL ACTION vs. Tina M. Olewiler, NO. Defendant(s) CASE MANAGEMENT ORDER AND NOW, this day of , 20 ,the defendant/bonower in the above-captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/bonower 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 acourt-supervised conciliaticsn Conference on at .M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendantdborrowerrnust 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 . _ I 1 Court of the defendantlborrower'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 ar 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 Burin the course of the Conciliation Conference. The g representative of the plaintiffll~nder who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/1$nderrnust discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plainti~fllender 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. i 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 offthe mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to ttender a monetary payment and to vacate in the near future in exchange for not eont~sting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the nnartgage 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. BY T'HE COURT, J. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Ali ! 1 ? 1 t '"t 5 L Er'i j !-1?? t, tt t 1, G U . IT °'EIIONS y i t.+?? hz111 A PNC Bank National Association Case Number vs. 2012-5630 Tina M. Olewiler SHERIFF'S RETURN OF SERVICE 10/01/2012 07:23 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on October 1, 2012 at 1923 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: Tina M. Olewiler, by making known unto herself personally, at 5544 Moreland Court, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. RYAN BURGETT, DE SHERIFF COST: $38.45 October 10, 2012 SHERIFF'S OFFICE OF CUMBERLAND COUNTY- SO ANSWERS, . w ( ? ?? ?Zyl ?/ ? ? R-ONWY- R ANDERSON, SHERIFF ilc? ;ou:^iySuae Shenk. 1Inc