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PHELAN HALLINAN, LLP
Jonathan Lobb, Esq., Id. No.312174
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
ATTORNEY FOR PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK, N.A.
3476 STATEVIEW BOULEVARD CIVIL DIVISION
FORT MILL, SC 29715 /,,
Plaintiff NO.: ~ ~ ' ~ ~ `~ Ul l
vs.
ANGELA N. BALUCH
SETH A. BALUCH
530 WARREN STREET
LEMOYNE, PA 17043-2038
Defendants.
CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE
And now comes WELLS FARGU BANK, N.A., by its attorneys, Phelan Hallinan, LLP
and files this Complaint in Mortgage Foreclosure as follows:
1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW
BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff').
2. The Defendants, ANGELA N. BALUCH and SETH A. BALUCH, are individuals
whose last known address are 530 WARREN STREET, LEMOYNE, PA 17043-2038.
062-PA-V3
a~.~ ~3- ~/
Cl~~ ~a~~oad
3. WELLS FARGO BANK, N.A., directly or through an agent, has possession of the
Promissory Note. WELLS FARGO BANK, N.A. is either the original payee of the Promissory
Note or the Promissory Note has been duly indorsed. A true and correct copy of said Promissory
Note is marked Exhibit "A", attached hereto and made a part hereof.
4. On or about August 20, 2008, ANGELA N. BALUCH and SETH A. BALUCH
made, executed and delivered to WELLS FARGO BANK, N.A. a Mortgage in the original
principal amount of $170,317.00 on the premises described in the legal description marked
Exhibit "B", attached hereto and made a part hereof. Said Mortgage being recorded in the Office
of the Recorder of CUMBERLAND County in Instrument No. 200829062. The Mortgage is a
matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P.
1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if
those documents are of public record.
5. Plaintiff is the current Mortgagee.
6. ANGELA N. BALUCH and SETH A. BALUCH are record and real owners of the
aforesaid mortgaged premises.
7. Defendants are in default under the terms of the aforesaid Mortgage for, inter alia,
failure to pay the monthly installments of principal and interest due October 1, 2012,
062-PA-V3
8. As of 01/31/2013, the amount due and owing Plaintiff on the mortgage is as
follows:
Principal Balance $ 160,824.68
Interest from 09/01 /2012 to O 1 /31 /2013 $ 4,009.59
Late Charges $ 212.60
Property Inspections $ 30.00
Escrow Balance $ (211.76)
Suspense Balance $ (171.35)
TOTAL $ 164,693.76
plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania
Law, actually and reasonably incurred by Plaintiff, including but not limited to, costs (including
escrow advances) and Plaintiff's attorneys' fees and expenses. Plaintiff reserves the right to file
a motion in the above-captioned action to add such additional sums authorized under the
Mortgage and Pennsylvania Law to the above amount due and owing when incurred.
9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of
Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended
in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have
been sent to the Defendant(s).
10. This action does not come under Act 91 of 1983 because the mortgage is FHA-
insured.
l 1. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff
is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to
do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of
personal liability in a bankruptcy proceeding, this action is in no way an attempt to re-establish
such liability.
062-PA-V3
WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the
amount due of $164,693.76, with interest thereon plus additional costs (including additional
escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the
mortgaged premises.
By:
Date: J than Lobb, Esq., Id. No.312174
ttorney for Plaintiff
062-PA-V3
Exhibit "A"
i
Multistate
NOTE
AUGUST 20, 2008
(Date)
530 WARRSN ST, LEMOYNE, PA 17043
(Property Address)
1. PARTIES
"Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means
WELLS FARGO BANK, N. A.
and it.~ successors and assigns.
2. BORROWER'S PROMISE TO PAY; INTEREST
In return for a loan received from Lender, Borrower promises to pay the principal sum ofONE HUNDRED SEVENTY
THOUSAND THREE HUNDRED SEVENTEEN AND 00/100
Dollars (U.S. $ ********170, 317.00 ), plus interest, to the order of Lender. Interest will he charged on unpaid principal,
from the date of disbursement of the loan proceeds by Leader, at the rate of Six
percent ( 6.006 %} per year until the full amount of principal has been paid.
3. PROMISE TO PAY SECURED
Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date
as this Note and called the "Security Instrument." The Security Instrument protects the Lender from losses which might result if
Borrower defaults under this Note.
Q. MANNER OF PAYMENT
(A) Time
Borrower shall snake a payment of principal and interest to Lender on the first day of each month beginning on
OCTOBER O1 2008 .Any principal and interest remaining on the first day of SEPTEt~ER ,
2038 ,will be due on that date, which is called the "Maturity Date."
(B) Place
Payment shall be made at WELLS FARGO HOPS MORTGAGE, P.O. HOX 11701, NEWARK, NJ
671014701 or at such place as Lender may designate; in writing
by notice to Borrower.
(C) Amount
Eaclt monthly paytnent of principal and interest wilt be in the amount of U.S. $ *****1, 021.14 .This amount
will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and
other items in the order described in the Security Instrument.
(D) Allonge to this Note for payment adjustments
If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covetuutts of
the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge weer; a part of
this Note. Check applicable boxJ
^Graduated Payment Allonge ^Growittg Equity Allonge ^Other [specify]
5. BORROWER'S RIGHT TO PREPAY
Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, ott the first
day of arty month. Lender shall accept prepayment on other days provided tltai borrower pays interest on the amount prepaid for
the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower snakes a
partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees its
writing to those changes.
A Multistate Fixed Irate Note - t0l95
VMP MORTGAGE FORMS • ra0015tr•7281 _ ~f~
PsOe 1 of 2 Initials-zy~
6. BORROWER'S FAILURE TO PAY
{A) Late Charge for Overdue Payments
If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph
4(C) Uf this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of
F~t7R percent (4.000 96) of the overdue amount of each payment.
(B) Default
If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations
of the Secrewry in the case of payment defaults, require immediate payment in full of the principal balance remaining due and
all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of at-y subsequent
default. In many circumstances regulations issued by the Secretary will limit Lender's rights to reyuire immediate payment in
full itt the case of payment defaults. This Nute dues not authorize acceleration when not permitted by HUD regulations. As used
in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee.
(C) Payment of Costs and Expenses
If Lender has required immediate payment in full, as described above, Leader may require Borrower to pay costs and
expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable
law. Suds fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note.
7. WAIVERS
Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of
dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the
right to require Lender to give notice to other persons that amounts due have not been paid.
8. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given
by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if
Borrower has given Lender a notice of Borrower's different address.
Any notice that must be given to Lender under this Note will be given by first lass mail to Lender at the address stated in
Paragraph 4(B) or at a different address if Borrower is given a notice of that different address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in
this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is
also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety
or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce it.. rights under this
Note against each person individually or against all signatories together. Any one person signing this Note may be rryuirecl to
pay all of the amounts owed under this Note.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note.
(Seal) ~-- (Seal)
-Borrower SSTH A BAI+IICH -&~rn~wer
(Seal) ~ (Seal)
-Borrower ANG N BALIIt:'H -Burrower
_ (Seal)
-Bomiwer
_ {Seal)
-Borrower
_ (Seal)
-D~muwcr
- (SCa1)
-F3orruwer
Psgo 2 of T
Exhibit "B"
LEGAL DESCRIPTION
The land referred to in this Commitment is described as follows:
ALL THOSE TWO CERTAIN tracts of land situate in the Borough of Lemoyne, Cumberland
County, Pennsylvania, more particularly bounded and described as follows, to wit:
TRACT NO. 1 -BEGINNING at a point on the east side of Warren Street, said point being the
southern line of Lot No. 408 on Plan of Lots hereinafter mentioned; thence eastwardly one
hundred (100) feet to a point; thence southwardly fifty-two (52) feet to the northern line of Lot
No. 406; thence westwardly along the northern line of Lot No. 406 one hundred (100) feet to the
east side of Warren Street; thence northwardly along the east side of Warren Street fifty-two (52)
feet to a point, the place of Beginning.
BEING Lot No. 407 on Plan for Re-Subdivision of the Lower Walton Tract as laid out by the
Trustees of the James McCormick Estate, dated July 7, 1941 and recorded in the Office of the
Recorder of Deeds in and for Cumberland County in Plan Book 3, Page 55.
TRACT NO. 2 -BEGINNING at a point on the dividing line between Lots 408 and 409 on the
hereinafter mentioned Plan of Lots, at the distance of seventy-three (73) feet measured along said
dividing line from the southerly line of Clarkton Court; thence north sixty (60) degrees east
seventy (70) feet to a point on the line of Lot No. 410 on said Plan; thence along the line of Lot
No. 410 south thirty (30) degrees east fifty-two (52) feet to a point on the northern line of Lot
405 on said Plan; thence along the last mentioned line south sixty (60) degrees west seventy (70)
feet to a point; thence along Lot No. 407 on said Plan north thirty (3) degrees west fifty-two (52)
feet to a point, the place of Beginning.
File #: 315599
BEING part of Lot No. 409 on the Plan of the Subdivision of Lower Walton Tract as recorded in
the Office of the Recorder of Deeds of Cumberland County, in Plan Book 3, Page 55.
UNDER AND SUBJECT to restrictions and conditions as now appear of record.
PROPERTY ADDRESS: 530 WARREN STREET, LEMOYNE, PA 17043-2038
PARCEL # 12-22-0820-029.
File #: 315599
VERIFICATION
Sonya Moore, hereby states that he he 's Vice President Loan Documentation of
WELLS FARGO BANK, N.A., plaintiff in this matter, that he/ he s 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 er 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.
a_ tom--"
Name: Sonya Moore
Title: Vice President Loan Documentation
Company: Wells Fargo Bank, N.A.
Date: 02/05/2013
086-PA-V2 File # 315599
FORM 1
IN THE COURT OF COMMON PL>~S ~,., `-~'
WELLS FARGO BANK, N.A. OF CUMBERLAND COUNTY, PENNSYAI~fA ,._;
Plaintiff(s) ~ ~„~~ -~ ~ ~'*?
" ~ .T,
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vs. v ~ `~
r~ : .
ANGELA N. BALUCH `_ -~ ~ ~-, _~ ~
SETH A. BALUCH '`"~- ~' 'r
2
.
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-
.
Defendant(s) J- Civil r c:.~
'~~ `--~ ~ ,
-~ n.,
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSrt1R~
_
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 acourt-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.
Respectfully submitted:
c
Date
Jonathan Lobb, Esq., ld.
No.312174
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 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:
Loan Number:
Second Mortgage Lender:
Type of Loan:
Loan Number:
Date You Closed Your Loan:
Total Mortgage Payments Amount: $
Date of Last Payment:
State: Zip:
Yes ^ No ^ Listing date: Price: $
Realtor Phone:
Yes ^ No ^
State: Zip:
Home: Office:
Cell: Other:
How long?
Home: Office: _
Cell: Other:
State:
Zip:
How long?
Included Taxes & Insurance:
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 #2: Model:
Amount owed: Value:
Other transportation (automobiles, boats, motorcycles): 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
Mort a e Food
2" Mort a e Utilities
Car Pa ment(s) Condo/Nei h. Fees
Auto Insurance Med. (not covered)
Auto fuel/re airs Other ro a ment
Install. Loan Pa ment Cable TV
Child Su ort/Alim. S endin Mone
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 ^
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 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)
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 YOL1 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 #: 315599
{ C1s� l=1LED-OFFICr.
ItE P 0Tii0NCl,'kF,'"
� 3,'UN 26 pp, 2: W c,
CUMBERLAND COUNTY
PHELAN HALLINAN, LLP
Joseph P. Schalk, Esq., Id.No. 91656
126 Locust Street
Harrisburg,PA 17101
215-563-7000 Attorney for Plaintiff
WELLS FARGO BANK,N.A.
3476 STATEVIEW BOULEVARD Court of Common Pleas
FORT MILL, SC 29715
Civil Division
Plaintiff
Vs Term
ANGELA N. BALUCH No. 2013-766-Civil
SETH A. BALUCH
530 WARREN STREET Cumberland County
LEMOYNE, PA 17043-2038
Defendants
MOTION TO LIFT CONCILIATION STAY
Plaintiff, Wells Fargo Bank, N.A., Successor (hereinafter "Plaintiff'), by its attorney,
Joseph P. Schalk,Esquire, hereby files the within Motion to Lift Conciliation Stay and in support
thereof avers as follows:
1. On February 15, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure against
Defendants for their failure to make monthly payments of principal and interest upon their
mortgage due October 1, 2012 and each month thereafter. A true and correct copy of the
Complaint is attached hereto, made part hereof and marked as Exhibit A.
2. On February 28, 2013, Plaintiff completed service on Defendant of the Complaint
in Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage
Foreclosure Diversion Program Notice. A true and correct copy of the Affidavit of Service is
attached hereto, made part hereof and marked as Exhibit B.
315599
3. Pursuant to the Cumberland County Administrative Order February 28, 2012,
which created the Cumberland County Residential Mortgage Foreclosure Diversion Program,the
Foreclosure action is stayed for sixty (60) days from the date of service.
4. Within 60 days after service of the complaint, the Defendant may opt into the
program by filing a Request for Conciliation Conference with the Court. Upon the filing of the
request, the Court will schedule a Conciliation Conference. The program provides that
Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of
notice if not represented by counsel.
5. If more than sixty (60) days has elapsed since the service of Notice of Residential
Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the
Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the
Diversion Program.
6. Defendants failed to opt into the Cumberland County Residential Mortgage
Foreclosure Diversion Program within sixty (60) days of service.
7. Since Defendants have opted not to participate in the Diversion Program, it is
appropriate for the stay to be lifted.
WHEREFORE, Plaintiff respectfully requests that this matter be removed from the
Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic
stay be lifted.
Respectfully submitted,
PHELAN HALLINAN, LLP
Date: Zu BY:
qjokp . Schalk, Esquire
(A-ttorney for Plaintiff
315599
Exhibit A
c!) N
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'i's
PHELAN HALLINAN,LLP ATTORNEY FOR PLAM11
Jonathan Lobb, Esq., Id.No.312174
1617 JFK Boulevard, Suite 1400 One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA
WELLS FARGO BANK,N.A.
3476 STATEVIEW BOULEVARD CIVIL DIVISION
FORT MILL, SC 29715 Plaintiff, NO.: J 3- /U 6 6V11
VS.
ANGELA N. BALUCH
SETH A. BALUCH
530 WARREN STREET
LEMOYNE, PA 17043-2038
Defendants.
CIVIL ACTION- COMPLAINT IN MORTGAGE FORECLOSURE
And now comes WELLS VARGO BANK,N.A.,by its attorneys,Phelan man,LLP
and files this Complaint in Mortgage Foreclosure as follows:
1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW
BOULEVARD,FORT MILL, SC 29715 (hereinafter"plaintiff').
2. The Defendants, ANGELA N. BALUCH and SETH A. BALUCH,are individuals
whose last known address are 530 WARREN STREET, LEMOYNE,PA 17043-2038.
Att4t•n •� p=ile GO* We nereby cep�
W thin to bo a
062-PA-V3 pprYeCI COP"
original 0600t n,,-nrr"
Supreme Court of Pennsylvania
Court eol'WMMMNS Pleas
"
For Prothonotary Use Only,f1,661 Ai t
CUMBENI Nip
County Docket No:
The in 00 rmation collected on this form is usedsolely./or court administration purposes. This form does not
8141)J)10"1C171 or re)loco the filhn g,and service qfIVeadings or other pe )ers as rejuireel by law or rules of court.
Commencement of Action:
S 0 Complaint 0 Writ of Summons 0 Petition
-E 0 Transfer from Another Jurisdiction ❑Declaration of Taking
C Lead Plaintiff's Name: WELLS FARGO BANK,N.A. Lead Defendant's Name: ANGELA N.BALUCH
T
I Are money damages requested? ❑ Yes 9 No Dollar Amount Requested: ❑ within arbitration limits
0 (Check one) 19 outside arbitration limits
N Is this a Class Action Suit? ❑ Yes 21 No Is this an MDJ Appeal? ❑ Yes 9 No
A Name of Plaintiff/Appellant's Attorney: Jonathan Lobb,Esq.,Id.No 312174 Phelan Hallinan,LLP
❑ Check here if you have no attorney(are a Self'-Represented 1Pro Se] Litigant)
Nature of the Case, Place an"X"to the left of the ONE case category that most accurately describes your
PRIMARY CASE.If you are making more than one type of claim,check the one that
you consider most impottant.-
TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS
•Intentional 0 Buyer Plaintiff Administrative Agencies
•Malicious Prosecution 0 Debt Collection:Credit Card 0 Board of Assessment
•Motor Vehicle 0 Debt Collection:Other 0 Board of Elections
•Nuisance 0 Dept.of Transportation
•Premises Liability 0 Statutory Appeal:Other
•Product Liability(does not
S include mass tort) 0 Employment Dispute:
• Slander/Libel/Defamation Discrimination
E 0 Other: 0 Employment Dispute:Other 0 Zoning Board
C 0 Other:
T
I MASS TORT 0 Other:
0 0 Asbestos
N 0 Tobacco
0 Toxic Tort-DES
0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
0 Toxic Waste 0 Ejectment 0 Common Law/Statutory Arbitration
B 0 Other: 0 Eminent Domain/Condemnation 0 Declaratory Judgment
0 Ground Rent 0 Mandamus
0 Landlord/Tenant Dispute 0 Non-Domestic Relations
J SMortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABILITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto
•Dental 0 Partition 0 Replevin
•Legal 0 Quiet Title 0 Other:
0 Other:
•Medical
• Other Professional:
Pa.R.CP, 205.5 Updated 011011201.1
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
Pile#: 315599
PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF
Jonathan Lobb, Esq., Id. No.312174
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 1.9103
215-563-7000
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA
WELLS FARGO BANK, N.A.
3476 STATEVIEW BOULEVARD CIVIL DIVISION
FORT MILL, SC 29715
Plaintiff, NO.:
vs.
ANGELA N. BALUCH.
SETH A. BALUCH
530 WARREN STREET
LEMOYNE, PA 17043-2038
Defendants.
CIVIL ACTION— COMPLAINT IN MORTGAGE FORECLOSURE
And now comes WELLS FARGO BANK,N.A., by its attorneys, Phelan Hallinan,LLP
and files this Complaint in Mortgage Foreclosure as follows:
1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW
BOULEVARD, FORT MILL, SC 29715 (hereinafter"plaintiff').
2. The Defendants, ANGELA N. BALUCH and SETH A. BALUCH, are individuals
whose last known address are 530 WARREN STREET, LEMOYNE, PA 17043-2038.
062-PA-V3
3. WELLS FARGO BANK,N.A., directly or through an agent, has possession of the
Promissory Note. WELLS FARGO BANK, N.A. is either the original payee of the Promissory
Note or the Promissory Note has been duly indorsed. A true and correct copy of said Promissory
Note is marked Exhibit "A", attached hereto and made a part hereof.
4. On or about August 20, 2008, ANGELA N. BALUCH and SETH A. BALUCH
made, executed and delivered to WELLS FARGO BANK, N.A. a Mortgage in the original
principal amount of $170,317.00 on the premises described in the legal description marked
Exhibit "B", attached hereto and made a part hereof. Said Mortgage being recorded in the Office
of the Recorder of CUMBERLAND County in Instrument No. 200829062. The Mortgage is a
matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P.
1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if
those documents are of public record.
5. Plaintiff is the current Mortgagee.
6. ANGELA N. BALUCI4 and SETH A. BALUCH are record and real owners of the
aforesaid mortgaged premises.
7. Defendants are in default under the terns of the aforesaid Mortgage for, inter alia,
failure to pay the monthly installments of principal and interest due October 1,2012.
062-PA-V3
8. As of 01/31/2013, the amount due and owing Plaintiff on the mortgage is as
follows:
Principal Balance $ 160,824.68
Interest from 09/01/2012 to 01/31/2013 $ 4,009.59
Late Charges '$ 212.60
Property Inspections $ 30.00
Escrow Balance $ (211.76)
Suspense Balance $ (171.35)
TOTAL $ 164,693.76
plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania
Law, actually and.reasonably incurred by Plaintiff, including but not limited to, costs (including
escrow advances)and Plaintiff's attorneys' fees and expenses. Plaintiff reserves the right to file
a motion in the above-captioned action to add.such additional sums authorized under the
Mortgage and Pennsylvania Law to the above amount due and owing when incurred.
9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of
Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended
in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have
been sent to the Defendant(s).
10. This action does not come under. Act 91 of 1983 because the mortgage is FHA-
insured.
11, This is an in rem action only against the aforesaid mortgaged premises. Plaintiff
is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to
do so in a separate legal action if such right exists. If Defendant(s) have received.a discharge of
personal liability in a bankruptcy proceeding, this action is in no way an attempt to re-establish
such liability.
062-PA-V3
WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the
amount due of$164,693.76,with interest thereon plus additional costs (including additional
escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the
mortgaged premises.
By: _
Date: itio
than 1Lobb,Esq., Id. No.312174
mey for Plaintiff
s
062-PA-V3
IE�YI�IlIl�ll� 66 99
Multistate
NOTE
AUGUST 20, 2008
(I)alej
530 WARREN ST, LEMOYNE, PA 17043
lProperty Addressl
1. PARTIES
"Borrower" means each person signing at the end of this Note,and the person's successors and assigns. "Lender" means
WELLS PARGO BANK, N.A.
and its successors and assigns.
2. BORROWER'S PROMISE TO PAY; INTEREST
In return for a loan received from Lender, Borrower promises to pay the principal sum ofONE HUNDRED SEVENTY
THOUSAND THREE HUNDRED SEVENTEEN AND 00/100
I
Dollars(U.S. $ ********170,317.00 ), plus interest, to the order of Lender. Interest will he charged on unpaid principal,
from the date of disbursement of the loan proceeds by Lender,at The rate of SIX
percent( 6.000 %)per year until the full amount of principal has been paid.
3. PROMISE TO PAY SECURED
Borrower's promise to pay is secured by a mortgage,deed of trust or similar security instrument that is dated the same date
as this Note and called the "Security Instrument." The Security Instrument protects the Lender from losses which might result if
Borrower defaults under this Note.
4. MANNER OF PAYMENT
(A) Time
I Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on
OCTOBER 01 , 2008 . Any principal and interest remaining on the first day of SEPTEMBER
tt 2038 , will be due on that date, which is called the "Maturity Date."
{ (B) Place
Payment shall be made at WELLS PARGO HOME MORTGAGE, P.O. BOX 11701, NEWARK, NJ
071014701 or at such place as Lender may designate iu writing
by notice to Borrower.
(C) Amount
Each monthly payment of principal and interest will be in the amount of U.S. $ *****1,021.14 This amount
' will he part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and
other items in the order described in the Security Instrument.
(D) Allonge to this Note for payment adjtstments
If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of
the allonge shall be incorporated into and shall atnend and supplement the covenants of this Note as if the allonge were a part of
this Note. (Check applicable boxj
❑Graduated Payment Allonge ❑Growing Equity Allonge ❑Other[specify]
S. BORROWER'S RIGHT TO PREPAY
Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty,on ilia first
day of any month. Lender shall accept prepayment on other days provided that borrower pays interest on the amount prepaid for
the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If llorrowar nulkes it
partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in
writing to those changes.
r
'11A Multistate Fixtd Kate Note-10195
VMP MORTGAGE FORMS•(800152:•7287
Pa00 1 of 2 Initials-Z���1 _ .
6. BORROWER'S FAILURE TO PAY
(A) Late Charge for Overdue Payments
if Lender has not received the full monthly, payment required by the Security Instrument, as described in Paragraph
4(C)of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of
FOUR percent( 4.000 %)of the overdue amount of each payment.
(B) Default
If Borrower defaults by failing to pay in full any monthly payment, then Lender may,except as limited by reguhttiotfs
of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining flue:tad
all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent
default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in
full ill the case of payment defaults. This Note does not authorize acceleration when trot pertnitled by HUD regulations.As used
in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee.
t (C) Payment of Costs and Expenses
If Lender has required immediate payment in full,as described above, Lender may require Borrower to pay costs and
expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable
i law. Such fees and costs shall bear Interest from ilia carte of disbursement at the same rate as the principal of this Note.
r
7. WAIVERS
Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of
dishonor. "Presentment" means the right to require Lender to domand payment of amounts due. "Notice of dishonor" means the
right to require Lender to give notice to other persons that amounts due have not been paid.
8. GiViNG OF NOTICES
Unless applicable law requires a different method,any notice that must be given to Borrower under this Note will be given
by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if
Borrower has given Lender a notice of Borrower's different address.
Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in
Paragraph 4(8)or at a different address if Borrower is given a notice of that different address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in
this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is
also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety
t or endorser of this Note, is also obligated to keep all of die promises made in this Note. Lender nuty enforce its rights under this
i Note against each person individually or against all signat6ries together. Any one person signing this Note may be required to
pay all of the amounts owed under this Note.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note.
(Seal) (Seal)
-Borrower SETH A BALU,CryH_ -Borrower
(Seal) I P� (Seal)
-Borrower ANG N BALUCH -Borrower
-- (Seal) (Seal)
-Burrower Borrower
(Seal) (Seal)
-Borrower -Bormwer
Pape 2 of 2
Exhibit "B"
LEGAL DESCRIPTION
The land referred to in this Commitment is described as follows:
ALL THOSE TWO CERTAIN tracts of land situate in the Borough of Lemoyne, Cumberland
County, Pennsylvania, more particularly bounded and described as follows, to wit:
TRACT NO. 1 -BEGINNING at a point on the east side of Warren Street, said point being the
southern line of Lot No.408 on Plan of Lots hereinafter mentioned;thence eastwardly one
hundred(100) feet to a point; thence sorthwardly fifty-two(52)feet to the northern line of Lot
No. 406;thence westwardly along the northern line of Lot No. 406 one hundred (100) feet to the
east side of Warren Street;thence northwardly along the east side of Warren Street fifty-two (52)
feet to a point,the place of Beginning.
BEING Lot No. 407 on Plan for Re-Subdivision of the Lower Walton Tract as laid out by the
Trustees of the James McCormick Estate,dated July 7, 1941 and recorded in the Office of the
Recorder of Deeds in and for Cumberland County in Plan Book 3,Page 55.
TRACT NO. 2 - BEGINNING at a point on the dividing line between Lots 408 and 409 on the
hereinafter mentioned Plan of Lots, at the distance of seventy-three (73)feet measured along said
dividing line from the southerly line of Clarkton Court;thence north sixty(60) degrees east
seventy(70) feet to a point on the line of Lot No. 410 on said Plan;thence along the line of Lot
No.41.0 south thirty(30) degrees east fifty-two (52)feet to a point on the northern line of Lot
405 on said Plan; thence along the last mentioned line south sixty(60) degrees west seventy(70)
feet to a point; thence along Lot No. 407 on said Plan north thirty(3) degrees west fifty-two(52)
feet to a point, the place of Beginning.
rile#: 315599
BEING part of Lot No. 409 on the Plan of the Subdivision of Lower Walton Tract as recorded in
the Office of the Recorder of Deeds of Cumberland County, in Plan Book 3,Page 55.
UNDER AND SUBJECT to restrictions and conditions as now appear of record.
PROPERTY ADDRESS: 530 WARREN STREET,LEMOYNE,PA 17043-2038
PARCEL#12-22-0820-029.
File#: 315599
VERIFICATION
Sonya Moore, hereby states that he he 's Vice.President Loan Documentation of
WELLS FARGO BANK,N.A., plaintiff in this matter, that he/ he 's 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 .er 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.
A-
Name: Sonya Sonya Moore
Title: Vice President Loan Documentation
Company: Wells Fargo Bank,N.A.
Date: 02/05/2013
086-PA-V2 File#. 315599
FORM 1.
IN THE COURT OF COMMON PLEAS
WELLS FARGO BANK,N.A. OF CUMBERLAND COUNTY,PENNSYLVANIA
Plaintiff(s)
vs.
ANGELA N.BALUCH
SETH A.BALUCH
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 awn 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.
Respectfully submitted:
2&
Date fonathan Lobb,Esq.,Id.
No.312174
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 HARDSMIP 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:
CUSTOM ER/PRIM ARY APPLICANT
Borrower name(s):
Property Address:
City: State:- Zip:
Is the property for sale? Yes D No❑ 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?
CO-BORROWER
Mailing Address:
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
FINANCIAL INFORMATION
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 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#1: Model: Year:
Amount owed: Value: _
Automobile 42: Model:, Year:
Amount owed: Value:
Other transportation(automobiles,boats, motorc c Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
1. Monthly Gross Monl1 ly Net
2. Monthly Gross Monthly Net
3. Monthly Gross Monthly Net
Additional Income Description(not wages):
I. monthly amount:
2. monthly amount:
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 Mort a e Utilities
Car Payment(s)) Condo/Neigh. Fees
Auto Insurance Med. (not covered)
Auto fuel/repairs Other prop. �ayment
Install.Loan Payment Cable TV
Child Su ort/Alim. Spending Mone
Day/Child Care/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:
Email:
Flave 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:
Plcase provide the following information, if known, regarding your lender and lender's loan servicing
company:
Lender's Contact(Name):_. Phone:
Servicing Company(Name):
Contact: Phone:
AUTHORIZATION
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)
FORM].
IN THE COURT OF COMMON PLEAS
WELLS FARGO BANK,N.A. OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s) 1
vs.
ANGELA N. BALUCH
SETH A.BALUCH
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.
Respectfully submitted:
r
- -
Date Jonathan Lobb,Esq.,Id.
No.312174
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:
CUSTOM ER/PRI M ARY A111110CANT
Borrower name(s):
Property Address:
City: State:— Zip:
Is the property for sale? Yes No❑ Listing date: Price: $
Realtor Name: —Realtor Phone:
Borrower Occupied? Yes
Mailing Address(if different):
City: State: -Zip:
Phone Numbers: Home, Office:
Cell: Other:
Email:
of people in household: How long?
CO-BORROWER
Mailing Address:
City: State: Zip:
Phone Numbers: Home: Office:
Cefl: Other:
Email:
of people in household: How long?
FINANCIAL INFORMATION
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 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#1: Model: Year:
Amount owed. Value:
Automobile#2: Model: Year:-
Amount owed: Value:
Other transportation automobiles,boats,motorcycles): Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
1. Monthly Gross MonthlyNet
2. Monthly Gross Monthly Net
3. Monthly Gross Moirt.hly Net
Additional Income Description(not wages):
1. monthly amount:
2. monthly amount:
Borrower Pay Days: Co-Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage_____ Food
2 nd Mortgage Utilities
Car Pa ment(s) Condo/Nci h. Fees
Auto Insurance Med. (not covered)
Auto fuel/repairs Other prop. a meat
Install. Loan Payment Cable TV
Child Sup ort/Alim. Spend in Money
Da /Child Care/Tait. 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:
( )' Fax:
Phone Office : _ _____ _ __
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:
L.ender's Contact(Name): Phone:
Servicing Company(Name):
Contact: 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)
Exhibit B
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
�o�s�tn of�utnbrrjy�b
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor tsFrtcs or sue suorc
Wells Fargo Bank,N.A. Case Number
VS. 2013-766
Angela Baluch(et al.)
SHERIFF'S RETURN OF SERVICE
02/2812013 06:37 PM-Deputy Shawn Harrison, being duly sworn according to lXneL d requested Complaint
in Mortgage Foreclosure by"personally"handing a true copy to a ting themselves to be
the Defendant,to wit: Seth A. Baluch at 530 Warren Street,Lemoymoyne,PA 17043.
SON, DEPU TY
02/28/2013 06:37 PM-Deputy Shawn Harrison,being duly sworn according to law, served th equested Complaint
in Mortgage Foreclosure by handing a true copy to a person representing them Iv s to be Seth Baluch,
husband of defendant,who accepted as"Adult Person in Charge"for Angela B luc at 530 Warren
Street, Lemoyne Borough, Lemoyne, PA 17043-2038.
r
SH WN HA ON, DEPUTY
SHERIFF COST:$60.00 SO ANSWERS,
i
March 06,2013 RON R ANDERSON, SHERIFF
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PHELAN HALLINAN, LLP
Joseph P. Schalk, Esq., Id. No. 91656
126 Locust Street
Harrisburg, PA 17101
215-563-7000 Attorney for Plaintiff
WELLS FARGO BANK,N.A. Court of Common Pleas
3476 STATEVIEW BOULEVARD
FORT MILL, SC 29715 Civil Division
Plaintiff Term
Vs
No. 2013-766-Civil
ANGELA N. BALUCH
SETH A. BALUCH Cumberland County
530 WARREN STREET
LEMOYNE, PA 17043-2038
Defendants
CERTIFICATION OF SERVICE
I certify that a true and correct copy of Plaintiffs Motion to Lift Conciliation Stay and
proposed Order were sent via first class mail to the person listed below on the date indicated:
ANGELA N. BALUCH
SETH A. BALUCH
530 WARREN STREET
LEMOYNE, PA 17043-2038
Date: By:
T---7 s f ph . Schalk, Esquire
y-for Plaintiff
p
rmn e,y
315599
a '
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK,N.A.
3476 STATEVIEW BOULEVARD Court of Common Pleas
FORT MILL, SC 29715
Civil Division
Plaintiff
Vs Term
ANGELA N. BALUCH No. 2013-766-Civil
SETH A. BALUCH
530 WARREN STREET Cumberland County
LEMOYNE, PA 17043-2038
Defendants
ORDER
AND NOW,this ZI day of �vW*.-*- , 2013, upon consideration of
Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby
ORDERED and DECREED that this matter is removed from the Cumberland County
Residential Mortgage Foreclosure Diversion Program; it is further
ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed
with its Mortgage Foreclosure Action.
BY THE COURT:
J.
CO
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52�� 5 2 �.
- - -'
315599
cc: Angela N. Baluch and Seth A. Baluch
Joseph P. Schalk, Esq., Id. No. 91656
Attorney for Plaintiff
PHELAN HALLINAN, LLP
Joseph P. Schalk, Esq., Id. No. 91656
126 Locust Street
Harrisburg, PA 17101
215-563-7000
ANGELA N. BALUCH
SETH A. BALUCH
530 WARREN STREET
LEMOYNE, PA 17043-2038,
315599
Or THE PRO THOr�u 'AnY
Phelan Hallinan,LLP 1013 SEP -b AM 9•• 4 9Attorney For Plaintiff
1617 JFK Boulevard,Suite 1400JMBERLANO CO-1NTY
One Penn Center Plaza PENNSYLVANIA
Philadelphia,PA 19103
215-563-7000
WELLS FARGO BANK,N.A. Court of Common Pleas
Plaintiff
Civil Division
vs
CUMBERLAND County
ANGELA N.BALUCH
SETH A.BALUCH No. 13-766-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.
L/
Date: ` I ( PHELAN HALLINAN,LLP
By: �'4�
Adam H.Davis,Esq.,Id.No.203034
Attorney for Plaintiff
PH#809358
Phelan Hallinan,LLP Attorney for Plaintiff
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
215-563-7000
WELLS FARGO BANK,N.A. Court of Common Pleas
Plaintiff Civil Division
V. CUMBERLAND County
ANGELA N. BALUCH No. 13-766-CIVIL
SETH A.BALUCH
Defendant PH#809358
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:
ANGELA N. BALUCH
SETH A. BALUCH
530 WARREN STREET
LEMOYNE,PA 17043-2038
Date: O PHELAN HALLINAN,LLP
By: �� Y-445 L�
Adam H.Davis,Esq., Id.No.203034
Attorney for Plaintiff