HomeMy WebLinkAbout13-1469 PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF
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.: i s - r `�1 I I
� , q U
Vs.
TIMOTHY L. THOMAS
8 OAK RIDGE ROAD
CARLISLE. PA 17015 -9710
Defendant.
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 Defendant, TIMOTHY L. THOMAS, is an individual whose last known
address is 8 OAK RIDGE ROAD, CARLISLE, PA 17015 -9710. so
062-PA-V-3 A / I d �) ' )o
2 -�f o - P 6y
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 28, 2009, TIMOTHY L. THOMAS made, executed and
delivered to WELLS FARGO BANK, NA a Mortgage in the original principal amount of
$261,950.00 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. 200931346. 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. TIMOTHY L. THOMAS is record and real owner of the aforesaid mortgaged
premises.
T Defendant is in default under the terms of the aforesaid Mortgage for, inter alia,
failure to pay the monthly installments of principal and interest due November 1, 2012.
8. As of 03/01/2013, the amount due and owing Plaintiff on the mortgage is as
follows:
Principal Balance $ 258,548.49
Interest 10/01/2012 to 03/ 01/ 2013 $ 4,847.80
Late Charges $ 419.63
Property Inspections $ 60.00
Escrow Balance $ (845.34)
Suspense Balance $(1771.47)
TOTAL $ 261,259.11
062 -PA -V3
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 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.
WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for
the amount due of $261,259.11, 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: 2C
Date: - 3I is /13 J han Lobb, Esq., Id. No.312174
ttorney for Plaintiff
062 -PA -V3
Exhibit "A"
NOTE
NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE
APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS
OR ITS AUTFIOR1ZE.D AGENT.
AUGUST 28, 2009 CARLISTLE PENNSYLVANIA
IDalcl lCityl
ISuucl
8 OAK RIDGE RD, CARLISLE, PA 17015
lPiupcily Addicssf
1. 1301tR0�'t'I;It'S PROA'1151? 'l'O PA1'
In return fora loan that I have received, I promise to pay U.S. S * * ** *261, 950. 00 (this amount is calleti "Principal "),
plus inlcrest, to the order of l}te Lender. 'I'hc Lender is WELLS FARGO BANK, N.A.
I will mike all payioL:ms under This Noic in the turn► of cash, check or nnrney order.
I understand that the Lender may transicr this Note. The Lender or anyone who takes this Note by Transfer and who is
entitled to receive paynncnts under This Nutt is called the "Note Holder."
2. I NT E REST
Interest will he charged on unpaid 1)611611:11 urtlil the full amount uhPrinCipal has been paid. I will pay intcresl at a yearly
rate of * * * *5. 875 %.
The interest rate required by this Section 2 is the rate I will pay built Ihidore and alter any defuull described in Scelioa 6(B)
ot'ihls iNii1C.
3. PAl'NIEN'I'S
(A) Thee and Place of Pavruents
1 will pay Principal and inlcres( by utaking a paytncnl every tuonlh.
I will make my nwnthly paytncnl on the FIRST day ofeaelt month beginning onOCTOBER 01, 2009 1 will
make These payments every month unlif I h.rve paid all of the principal and inlcrest and any other charges described below Thal I
n1ay owe under this Note. J ntonlhly payment will he applied as ill' its scheduled due dale ;u1d will be applied to inicresl
beta e Principal, If on SEPTEMBER 01, 2039 1 dill owe amounts under this Note, I will pay those aniounis in lull nn
dial dale, - 'vhich is called the "Ivladw bale."
I will make Illy monlhly paymetnsalWELLS FARGO HOME MORTGAGE, P.O. BOX 11701, NEWARK, N3
071014701 or at a dillerenl place il'requircd by (tic Note Holder.
($) Amuunl of llIontiliv PaN•rncuts
My monthly paynrutt will he in the amount of U.S. S * *1, 549.53
4. 130lZRO WER'S RIGHT TO PREPAY
The Boirowci shall have the right to prepay al any time, without premium or fce, the entire indebtedness ur any part
Ihcreol nut Icss Than the anutuut of one installment, or $100.00, whichever is less- Any Prepayment i❑ lull of the indebtedness
shall be credited on the (laic received, and no interest may he charged thereafter. Anv Partial Prepayment made un olltcr than an
instrtlimcnl due dale need not be credited until the next following iostallmeol due date or 30 days after such Prcpayluenl,
whichever is earlier.
MULTISTATE FIXED RATE NOTE - Single Family-Fannie MaelFreddfe Mae UNIFORM INSTRUMENT
Amended for Veterans Affairs
Farm 3200 1101
Amended 6/000
MP MORTGAGE FORMS - (800),521.7297
Papas 1 cf 3 IniUal�
5. LOAN CHARGES
11" law, which applies to this loan and which sets nruciinum loan charges, is linally interpreted so that Ilse interest or other
loon Lhargcs collected or to he collected in conncclion with this loan exceed the permitted limits, Illcil: (a) ally such loan charge
shall he reduCed by the amount necessary to reduCC (he charge to the perulitted limit; and (b) any sums already collected lrcnn
file which exceeded PerurillCd limits will be rclimded to fire The Note holder may choose to make (his rCfuud by reducing the
PrillCipal I owC undCr this Note or by nuking a direct payment Io fire. If a rcfund reduces Principal, the reduction will be Ircaled
as a partial Prepaylucnt.
t,. IMUR(IV @R'S I'AILURE TO PAY AS REOUIRED
(A) Laic Charge for Overdue Payments
II' the Note I [older has not rcceivLd the lull aniount of any monthly payment by the cui of 15 calendar days
ufict' the date it is duc. [ will pay a late charge hl the Note I[older. The unulunf ohflit charge will be 4.000
Illy ovLrduc PayrnCnt. I will pay this late charge promptly bill only once on each laic puymcnt.
(13) Default
II' 1 do not paY the lull ;unounl of each monthly payment on the date it is due, 1 will be in default.
(C) Notice or Dcl:url(
Ili 1 Lill) in default, the Noic Holder may send file a wrillcr notice telling Isle (hut if I do nut pay the overdue alnornll by if
ccluin date, the Note holder may rcyuirc file to pay immediately the lull al)wunt of Principal which has not been paid and all
the interest that 1 owe oil that .amount_ That dale l)rtlsl be al least 30 days after the date on which the nolice is mailed to me or
cfelivcrcif by nlhcr nrcaos.
(Il) Nu Waiver By Mote Iltlldcr'
I;vell if. at a lime when I am in default, the Note Holder does riot require me to pay immediately in full as described
ahovc, the Note I [older will still have the right to do so if 1 1111[ in dl'liltllt al a later time.
(E) Payuleul ill' Note holder's Costs and Expenses
11' the Note Holder has required nlc to pay immediately ill full as described above, the Note [Molder will have fife right to
he piii(i hack by fire lire all of its costs and expcnscs in enforcing this Note lo the extent not prohibited by applicable law. Those
CXIMISC include, for example, reasunablc attorneys' fees.
7. GIVING OF NOTICES
Unless applicuhic law rCquiras a different method, any notice 111,11 roust he given to fire rider this Note will be given by
delivering it or by trailing it by firs( class muil to file at life Properly Address above or at a diflcrcnl address if I give the Note
I loldu a notice ol'my different address.
llnv notice that must be given to the Note holder under this Note will be given by delivcriug it fir by mailing it by firs)
class mail fir the Nolc Holder u( the addrCSS stated in Section 3(A) above or at a diflcrcnl address if I am given a notice of Thal
di(Icrent address.
S. OBLIGATIONS Oh PERSONS UNDER THIS NO'T'E
11' nwre than one person signs this Note, cuch person is Fully and personally obligated to keep all of file promises made in
this Noie, including (he promise to Pay the fill[ antotml owed. Ally person who is a guarantur, surely or endorser of (his Note is
also obligated to du these things. Any person who takes over these obligations, including the obligations of a guarantor, surciy
or endorser of this Note, is also obligated to keep all of the promises made ill this Note. The Noll: Bolder may cnlirrce ils rights
under this Note .rgainsl each person individually fir againsl all of us lo9c1lic. This means thal any onC of us play be required to
pay all of 111C suuounls owed under this Nola.
9. WAIVERS
I and any other p::rson who has obligulioas under this Nutt waive the rights of Presenlnrcnt and Notice of Dishonor.
"Prescntolcnt" means the right to rcquire the Now [Molder lo demand paynrerlt of amounts title. "Notice of Dishonor" means the
right to rcyuirc the Note Holder to give notice to other persons that amuanls duc have not hcen paid.
Form 32QQ_tt�
Papa 2 of 3 n1i015 .
W. ALLONGE TO T111S NOTE
Il an allongc providing lirr paynlenl adjustments or for any other supplemental inibrination is executed by the Borrower
u1geUlcr with this Note, the covenants of the aIlonge shall be incnrporalcd into and shall amend and supplcnlent the c,tvenauts of
this Nolc as tl the allonge were a part ol'this Note. JChcck applicable lox]
❑ Ciratln111CLI Payment Allongc ❑ Other jSpecilyj ❑ Olirer (Specify)
11. UNIP0I01 SEICURED NOTE
This Note is ;r un&)rm instrument with (imilccl variations in some jurisdiclions. In addition to the protections given to the
Now I loldcr under this Note, a Mortgage. Decd of - Trust, or Security Decd (tile "Security Instrument "), dalcd the same date as
this Note. protects file Note Holder from possible losses which mighl rc;ult if I do not keep the promises which I make in this
Note That Security Instrument dcscrihes how and under what conditions I may be required to make inuncdia(c puytneatt in 11111
of - all amounts I owc under this Note. Some of those conditions are described as lbllow,
Rcutdaliorts (38 C.P.R. Part 36) issued under the Doparnnenl of Veterans Affairs ( "VA ") Guaranteed Loan
Awhorily (38 IJ.S.(-'. Chapter 37) and in effect on the date of loam closing shall govern the rights, duties and
liabilities Lit' the parties to this loan and any provisions of (his Note which arc incunsislent will, such
regulations arc hcrchy amended and supplCrilerrtcd to conlirrul thereto.
31TN17SS TI 11 11 D(S) AND SEALS) OP'1'1lF 11NDIiltSifiNliD.
(Seal) (Seal)
OTHY TI I MAS - Burrower - Borrower
(Seal) (Seal)
- Borrower - forrower
(Seal) (Seal)
- Borrower Borrower
(Seal) (Seal)
-fkmower
- Burrower
/Sign Original On/Y/
Pape 3 or 3 Form 3200 1101
Exhibit "B"
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County,
Pennsylvania, bounded and described as follows:
BEGINNING at a point 16.50 feet East of the centerline of a proposed 33 foot street to be known
as Oak Ridge Drive, said center line point being 609.25 feet South of the intersection of said
drive with the center line of Township Road T -571; thence North 90 degrees East, 218.39 feet to
a point; thence South 3 degrees 27 minutes West, 196.36 feet to a point; thence South 90 degrees
West, 206.57 feet to a point on the Eastern right of way line of Oak Ridge Drive; thence along
said right of way line North 0 degrees East, 196 feet to a point, the place of BEGINNING. The
above description is according to a survey made by D.P. Raffensperger, R.D., dated July 16,
1962.
Sometimes known as: 8 Oak Ridge Road, Carlisle PA 17013
PROPERTY ADDRESS: 8 OAK RIDGE ROAD, CARLISLE, PA 17015 -9710
PARCEL # 21 -22- 0128 -050
File# 317191
VERIFICATION
Daniel Edward , hereby states th he/ he is Vice President Loan Documentation
of WELLS FARGO BANK, N.A., plaintiff in this matter, thqehe)she is authorized to
make this Verification, and verify that the statements made in the foregoing Civil Action
in Mortgage Foreclosure are true and correct to the best o hilyher information and belief.
The undersigned understands that this statement is made subject to the penalties of 18 Pa.
C.S. Sec. 4904 relating to unsworn falsification to authorities.
r ,
Name: Daniel Edward
"Title: Vice President Loan Documentation
Company: Wells Fargo Bank, N.A.
Date: 03/04/2013
086 -PA -V2 File #317191
FORM 1
IN THE COURT OF COMMON PLEAS
WELLS FARGO BANK, N.A. OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s)
vs. -
TIMOTHY L. THOMAS tqvil
Defendant(s) ,�
NOTICE OF RESIDENTIAL MORTGAGE FORECL U--RE:
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:
Date Xnathan 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:
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 ❑ No ❑
Mailing Address (if different): _
Citv: State: Zip: _
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
Mailing Address:
Citvv: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Emai I:
# 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 Payment:
Primary Reason for Default:
Is the loan in Bankruptcy? Yes ❑ No ❑
If yes.. provide names, location of court, case number & attorney: _
_A ssets Amount Owed Value:
Home: $ $
Other Real Estate: $ $
Retirement Funds: $ $
Investments: $ $
Checking: $ _ $
Savings: $ $
Other: $ $
Automobile # 1 : Model: Year:
Amount owed: Value:
A utomobile #2 : Model: Year:
Amount owed: Value:
Other transportation (automobiles, boats motorcycles): Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
1. Monthly Gross Monthly Net _
2 Monthly Gross Monthly Net _
3. Monthly Gross Monthly Net
Additional Income Description (not wages):
l . monthly amount:
2 _monthly amount:
Borrower Pay Days: Co- Borrower Pay Days: _
Monthly Expenses: (Please only include expenses you are currently paying)
E XPENSE AMOUNT EXPENSE AMOUNT _
Mortgage Food
2nd Mortgage Utilities
Car Payment(s) Condo/Neigh. Fees
Auto Insurance Med. (not covered)
Auto fuel/repairs Other prop. payment
Install. Loan Payment Cable TV
Child Su ort /Alim. Spending Mone
Dav /Child Car /Tuft 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 infonnation:
Counseling Agency: Counselor:
Phone (Office): Fax:
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP)
assistance?
Yes ❑ No ❑
If }es, 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): 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 Uwe 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 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 «: 3 17 19 1
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny RAnderson P1 F r 10'L-
Sheriff ot Climb, i IIE ' ' 1 ! CCa,4,'a
Jody S Smith
Chief Deputy , 4 2013 MOAN 28 AM IQ* 53
Richard W Stewart
Solicitor OFFiCEOFTRE$1-i6F<)Er CUMBERLAND COUNTY
PENNSYLVANIA
Wells Fargo Bank, N.A.
Case Number
vs. 2013-1469
Timothy L.Thomas
SHERIFF'S RETURN OF SERVICE
03/25/2013 07:25 PM-Deputy Valerie Weary, being duly sworn according to law, served the requested Notice of
Residential Mortgage Foreclosure Diversion Program&Complaint in Mortgage Foreclosure by handing a
true copy to a person representing themselves to be Heather Thomas, spouse of defendant,who
accepted as"Adult Person in Charge"for Timothy L.Thomas at 8 Oak Ridge Road, Middlesex T wnship,
Carlisle, PA 17015.
VALERIE WEAR"(, DEPUTY
SHERIFF COST: $34.00 SO ANSWERS,
1�z �/112
. 2w���
March 26, 2013 RON R ANDERSON, SHERIFF
(C)CourtySuite Sheriff,Teleosoft.inc.
Wells Fargo Bank,N.A. : IN THE COURT OF COMMON PLEAS
3476 Stateview Boulevard : CUMBERLAND COUNTY,
Fort Mill, SC 29715 : PENNSYLVANIA
Plaintiff ' `
ca
rn cu x.
z rn -p Fri--`
V. : Docket No. 13-1469
cam '
Timothy L. Thomas
8 Oak Ridge Road c
Carlisle,PA 17015-9710 : CIVIL ACTION-
- .�-
Defendant : MORTGAGE FORECLOSURE
REQUEST FOR CONCILIATION CONFERENCE
Pursuant to the Administrative Order dated February 28, 2012, governing the
Cumberland County Residential Mortgage Foreclosure Diversions program, the undersigned
hereby certifies as follows:
1. Defendant is 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
unsworn falsification to authorities.
r,"Z-V <- z. - f l o Z0
Si ture of Defendant's Counsel/Appolfited Date
Legal Representative
Ayl
Signatur f Defendant Date
Wells Fargo Bank,N.A. : IN THE COURT OF COMMON PLEAS
3476 Stateview Boulevard : CUMBERLAND COUNTY,
Fort Mill, SC 29715 : PENNSYLVANIA
Plaintiff
V. Docket No. 13-1469
Timothy L. Thomas
8 Oak Ridge Road
Carlisle,PA 17015-9710 CIVIL ACTION-
Defendant MORTGAGE FORECLOSURE
CERTIFICATE OF SERVICE
1, Jaime M. Haley, Esquire, of MidPenn Legal Services, attorney for the Defendant,
Timothy L. Thomas,hereby certify that I am serving a copy of the Praecipe for Entry of
Appearance and Request for Conciliation Conference on the Plaintiff, through their attorney,on
the following date and in the manner indicated below:
U.S. First Class Mail, Postage Pre-Paid
Jonathan Lobb,Esq.
Phelan-Hallinan,LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
MIDPENN LEGAL SERVICES
DATE: 041 t c (-ZQ C-S
Jaime M. Haley, Esquire
Attorney for Defendants
Supreme Ct. ID#205255
401 E. Louther Street, Ste 103
Carlisle,PA 17013
(717)243-9400
Wells Fargo Bank,N.A. : IN THE COURT OF COMMON PLEAS
3476 Stateview Boulevard : CUMBERLAND COUNTY,
Fort Mill, SC 29715 : PENNSYLVANIA
c
Plaintiff
--O 3 w
rn te a.
v : Docket No. 13-1469 `"'
Timothy L. Thomas ~ '` _?
8 Oak Ridge Road
Carlisle,PA 17015-9710 : ACTION-
Defendant : MORTGAGE FORECLOSURE
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of MidPenn Legal Services on behalf of the Defendant,
Timothy L. Thomas, in the above matter,representing the Defendants in the Cumberland County
Residential Mortgage Foreclosure Diversion Program.
Respectfully Submitted,
MIDPENN LEGAL SERVICES
DATE: p a t Z{ t W'�Zvi
J ime M. Haley, Esquire
Attorney for Defendant
Supreme Ct. ID#205255
401 E. Louther Street, Ste 103
Carlisle,PA 17013
(717)243-9400
Wells Fargo Bank,N.A. : IN THE COURT OF COMMON PLEAS
3476 Stateview Boulevard : CUMBERLAND COUNTY,
Fort Mill, SC 29715 : PENNSYLVANIA
Plaintiff
rn W r _
ya —17)
V. : Docket No. 13-1469 r
Timothy L. Thomas : = (7
8 Oak Ridge Road y c _�
Carlisle, PA 17015-9710 : CIVIL ACTION- _''}
Defendant : MORTGAGE FORECLOSURE-
CASE MANAGEMENT ORDER
AND NOW, this /1 day of 4. L, 2013, the defendant/borrower in the above-
captioned residential mortgage foreclosure action having filed a Request for Conciliation
Conference verifying that the defendant/borrower 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 a court-supervised
conciliation Conference on �7.,,,..— /y oZO/3 at /I:1044)in
#9 at the Cumberland County Courthouse, Carlisle,
Pennsylvania.
2. 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" (Form 2) which has been completed by the defendant/borrower. Upon
r
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 and may be extended. Upon notice to
the Court of the defendant/borrower's failure to serve the completed Form 2 with the
time frame set forth herein or such other date as agreed upon by the parties in writing
or 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
during the course of the Conciliation Conference. The representative of the
plaintiff/lender must discuss resolution proposals with the authorized representative
in advance of the Conciliation Conference. If the duly authorized representative of the
plaintiff/lender 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.
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 off the mortgage; proposing a
forbearance agreement or repayment plan to bring the account current over time;
agreeing to tender a monetary payment and to vacate in the near future in exchange
for not contesting the matter; offering the lender a deed in lieu of foreclosure;
entering into a loan modification or reverse mortgage; paying the mortgage 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 THE COURT,
• 'Al-\
J.
Xme ISTRIBUTION:
M. Haley, Esquire
MidPenn Legal Services
401 E. Louther Street, Ste 103
Carlisle, PA 17013
For the Defendant
Jonathan Lobb, Esq.
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
For the Plaintiff
Co t E.S t L
40/702
P
i 11_E_L) F icF
14E PROF IO OT ,F;'
2013 JUL 16 kh 10- 1
Phelan Hallinan,LLP CUMBERLAND COUNTY Attorney For Plaintiff
1617 JFK Boulevard,Suite 1400P ENNS YLVANIA
One Penn Center Plaza
Philadelphia,PA 19103
215-563-7000
WELLS FARGO BANK,N.A. Court of Common Pleas
Plaintiff
Civil Division
vs
CUMBERLAND County
TIMOTHY L.THOMAS
Defendant No. 13-1469
PRAECIPE
TO THE PROTHONOTARY:
® Please withdraw the complaint and mark the action Discontinued and Ended without prejudice.
❑Please mark the above referenced case Settled,Discontinued and Ended.
❑Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice.
❑Please mark the in rem judgment Satisfied and the action Discontinued and Ended.
❑Please Vacate the Judgment entered.
Date: a V PHELAN HALLINAN,LLP
By:
Mer ith Wooters,Esq.,Id. No.307207
Attorney for Plaintiff
PHS#317191
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
TIMOTHY L.THOMAS No. 13-1469
Defendant PHS#317191
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:
JAMIE M. HALEY,ESQUIRE
MIDPENN LEGAL SERVICES
401 EAST LOUTHER STREET
SUITE 103
CARLISLE,PA 117013 1
Date: T °Z I J PHELAN HALLINAN,LLP
By:
Meredith Wooters,Esq.,Id.No.307207
Attorney for Plaintiff