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HomeMy WebLinkAbout13-1515 I Its r lkj- PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF John Michael Kolesnik, Esq., Id. No.308877 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., S /B /M WELLS FARGO HOME MORTGAGE, INC. CIVIL DIVISION 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 NO.: Plaintiff, vs. SHIRLEY I. KRADER 120 SAINT JOHNS DRIVE A /K/A 120 N SAINT JOHNS DRIVE CAMP HILL, PA 17011 -1931 Defendant. CIVIL ACTION — COMPLAINT IN MORTGAGE FORECLOSURE And now comes WELLS FARGO BANK, N.A., S /B /M WELLS FARGO HOME MORTGAGE, INC., by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is WELLS FARGO BANK, N.A., S /B /M WELLS FARGO HOME MORTGAGE, INC., 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). 062-PA-V3 2. The Defendant, SHIRLEY L KRADER, is an individual whose last known address is 120 SAINT JOHNS DRIVE A /K/A 120 N SAINT JOHNS DRIVE, CAMP HILL, PA 17011 -1931. 3. WELLS FARGO BANK, N.A., S /B /M WELLS FARGO HOME MORTGAGE, INC., directly or through an agent, has possession of the Promissory Note. WELLS FARGO BANK, N.A., S /B /M WELLS FARGO HOME MORTGAGE, INC. 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 July 30, 2003, SHIRLEY L KRADER made, executed and delivered to WELLS FARGO HOME MORTGAGE, INC. a Mortgage in the original principal amount of $199,500.00 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 Book 1828, Page 4467. 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. SHIRLEY 1. KRADER is record and real owner of the aforesaid mortgaged premises. 7. 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. 062 -PANS 8. As of 03/04/2013, the amount due and owing Plaintiff on the mortgage is as follows: Principal Balance $190,761.03 Interest 10/01/2012 through 03/04/2013 $ 1,621.06 Late Charges $ 423.15 Property Inspections $ 135.00 Escrow Deficit $ 710.58 Suspense Balance $ (1,055.80) TOTAL $192,595.02 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. 062 -PA -V3 WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $192,595.02, 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: f ti��i� Joh ichael Kolesnik, Esq., Id. No.308877 A rney for Plaintiff 062 -PA -V3 Exhibit "A" ORIGINAL NOTE - July 30th, 2003 MECHANICSBURG PENNSYLVANIA (Date) [City] IStatel 120 ST JOHNS DRIVE, CAMP HILL, PENNSYLVANIA 17011 ]Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 199, 500.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is WELLS FARGO HOME MORTGAGE, INC. I will make all payments under this Note in the form of cash, check or money order. 1 understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 5,500 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1st day of each month beginning on September -st, 2003 . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on August ist, 2033 1 still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at P.O. BOX 5137 DES MOINES, IA 50306 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. S 1,132.74 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When 1 make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If 1 make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. MULTISTATE FIXED RATE NOTE - Single Family- Fannie Mae /Freddie Mac UNIFORM INSTRUMENT MW Form 3200 1/01 Page 1 of 3 Initials: OR I JM 5. LO If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of fifteen calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.00 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late; payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or bit mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. 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. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I 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 the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. Form 320 1/07 Page 2 of 3 INti31 ORIGINAL -� 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument "), dated the same date as this Note, protects the Note Holder from possible losses which might result if 1 do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. G�4z se_ � - (Seal) (Seal) SHIRLEY I. ER - Borrower - Borrower (Seal) (Seal) - Borrower - Borrower (Seal) (Seal) - Borrower - Borrower (Seal) (Seal) - Borrower - Borrower [Sign Original Only] Pape 3 Of 3 Form 3200 1/01 Exhibit "B" LEGAL DESCRIPTION ALL THAT CERTAIN tract of parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at an iron pin located on the western line of St. Johns Drive (formerly St. Johns Place), which is North zero (0) degrees fifteen (15) minutes West six hundred thirty five (635) feet of the northern line of the right of way of the Harrisburg- Carlisle Highway (U.S. 11); thence South eight nine (89) degrees forty five (45) minutes West two hundred (200) feet to an iron pin; thence North zero (00) degrees fifteen (15) minutes West one hundred (100) feet to an iron pin; thence North eight nine (89) degrees forty five (45) minutes East two hundred (200) feet to an iron pin on the western line of St. Johns Drive; thence South zero (0) degrees fifteen (.15) minutes East along the western line of St. Johns Drive, one hundred (100) feet to a point, the place of BEGINNING. HAING thereon erected a stone bungalow known and number as 120 St. Johns Drive. Parcel #10 -21- 0277 -018 PROPERTY ADDRESS: 120 SAINT JOHNS DRIVE A/K /A 120 N SAINT JOHNS DRIVE, CAMP HILL, PA 17011 -1931 PARCEL # 10 -21- 0277 -018 File #: 317179 VERIFICATION Leola McCray, hereby states that he he)is Vice President Loan Documentation, of WELLS FARGO BANK, N.A., plaintiff in this matter, that heA (sl� 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 of his,e 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. Name: Leola McCray Title: Vice President Loan Documentation Company: Wells Fargo Bank, N.A. Date: 03/12/2013 Fil0317179 086 -PA -V2 FORM I IN THE COURT OF COMMON PLEAS WELLS FARGO BANK, N.A., S /B /M WELLS OF CUMBERLAND COUNTY, PENNSYLVANIA FARGO HOME MORTGAGE, INC. Plaintiff(s) VS. SHIRLEY I. KRADER Defendant(s) I Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLURE- 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) 2439400 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 d) 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 provideyour 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 you 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 hn Michael Kolesnik, Esq., Id. No.308877 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): _ 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 Payment: P rimary 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 _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) EXPENSE AMOUNT EXPENSE AMOUNT_ Mortgage _ Food 2 °d Mortgage Utilities Car Payment(s) Condo/Neigh. Fees _ Auto Insurance Med. (not covered) _ Auto fuel /re ai rs Other prop. payment _ Install. L oan Pa yment Cable TV Child Su ort/Alim. Spending Money_ Dav /C hild Care /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 information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) ass i stance? 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): 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) 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 Idle #: 3 17 179 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson �= Sheriff 3 w s'.�ttrt(rfr;+t.+� �� ':V Jody S Smith �v�._ :;Vj r. ly Chief Deputy ' , cI ,. Richard W Stewart Solicitor �� �74.y ��t -a C7 ?y- r\) i..... co Wells Fargo Bank, N.A. s/b/m Wells Fargo Home Mortgage, Inc. Case Number vs. Shirley I. Krader 2013-1515 SHERIFF'S RETURN OF SERVICE 04/02/2013 07:09 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program &Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Shirley I. Krader at 120 North Saint Johns Drive, Hampden Township, Camp Hill, PA 17011. The defendant also informed deputies that her last name is now"Sheibly". n - o SON KINSLER, DEPUTY SHERIFF COST: $43.00 SO ANSWERS, April 03, 2013 RbNN9 R ANDERSON, SHERIFF . A + r ! Phelan Hallinan,LLP ttorney For Plaintiff 1617 JFK Boulevard,Suite 1400 CU�ABEM- One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 WELLS FARGO BANK, N.A., SB/M Court of Common Pleas WELLS FARGO HOME MORTGAGE, INC. Civil Division Plaintiff CUMBERLAND County vs No. 13-1515 SHIRLEY I.KRADER Defendant SUGGESTION OF RECORD CHANGE RE: DEFENDANT'S NAME ON DOCKET TO THE PROTHONOTARY: Defendant's name was erroneously listed on the docket as: SHIRLEY I.KRADER The correct name for the Defendant is: SHIRLEY I.KRADER A/K/A SHIRLEY I.SHEIBLY Kindly change the information on the docket. Date: P AN H L LLP y: Al ' on F. Zuck man,Esq.,Id.No.309519 Attorney for Plaintiff PHS#317179 Phelan Hallinan,LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 1.91.03 215-563-7000 WELLS FARGO BANK, N.A., S/B/M WELLS Court of Common Pleas FARGO HOME MORTGAGE, INC. Plaintiff Civil Division V. CUMBERLAND County SHIRLEY I. KRADER No. 1.3-1.515 Defendant PHS#31.7179 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: SHIRLEY I. KRADER 120 SAINT JOHNS DRIVE, 120 N SAINT JOHNS DRIVE CAMP HILL,PA 17011-1931 Date: P7 AN LLP B _ Allison F.Zuc erman,Es q., Id. No.309519 Attorney for Plaintiff F11 01-0FF1C OF THE PROTHONOTARY 2813 JUL 19 PM 2: 13. CUMBERLAND COUNTY PE-NNSYLVANJA 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 SHIRLEY 1. KRADER No. 2013-1515-Civil 120 SAINT JOHNS DRIVE A/K/A 120 N SAINT JOHNS DRIVE Cumberland County CAMP HILL, PA 17011-1931 Defendant 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 March 21, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendant for her failure to make monthly payments of principal and interest upon her mortgage due November 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 April 2, 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. 810938 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. Defendant failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty(60) days of service. 7. Since Defendant has 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: BY: J se P. Schalk,Esquire A o ey for Plaintiff 810938 Exhibit 810938 Supreme Court: of Pennsylvania Cour Cara Pleas For Prothonotary Use Only: 1 . EA COUIIty Docket No: The information collected on this form is used solely for court administration purposes. This form does not sup lament or re ulasta the illzz and service a' lettr�litt s or other:atz ers as rfc�t prt°ed b law or rules gfcourt. Commencement of Action: i S 0 Complaint D Writ of Summons ❑Petition E ❑Transfer from Another Jurisdiction ❑Declaration of Taking C Lead Plaintiffs Name: WELLS.FARGO BANK,N.A., Lead Defendant's Name: SHIRLEY 1.KRADER ,h S/B/M.WELLS FARGO HOME MORTGAGE,INC. Dollar Amount Requested- ❑ within arbitration limits Are money damages requested". ❑ Yes 0 No Check one ❑O outside arbitration limits O N Is this a Class Action Suit? ❑ Yes © No Is this an MDJ Appeal? ❑ Yes No A Name of Plaintiff/Appellant's Attorney: John Michael Kolesnik Es Id.No.308877 Phelan Halligan LLP ❑ Check here if you have no attorney(are a Self-Represented [Pro 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 important, TORT(do not include Mass Tort) CONTRACT(do not inelude.hsdgments) CIVIL APPEALS ❑Intentional ❑ Buyer Plaintiff Administrative Agencies ❑Malicious Prosecution ❑Debt Collection: Credit Card ❑Board of Assessment ❑Motor Vehicle ❑Debt Collection: Other ❑Board of Elections ❑Nuisance ❑Dept.of Transportation ❑Premises Liability ❑ Statutory Appeal:Other ❑Product Liability(does not S include mass tort) ❑Employment Dispute: _ ❑Slander/Li.bel/Defamation Discrimination E ❑Other: ❑ Employment Dispute:Other ❑Zoning Board C ❑Other: T - MASS TORT ❑Other: U ❑Asbestos N ❑Tobacco •Toxic Tort-DES - -- •Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS •Toxic Waste ❑Ejectment ❑Common Law/Statutory Arbitration B ❑Other: ❑Eminent Domain/Condemnation ❑Declaratory Judgment ❑Ground.Rent ❑Mandamus - ❑Landlord/Tenant Dispute ❑Non-Domestic Relations ®Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABILITY E3 Mortgage Foreclosure:Commercial ❑Quo Warranto 0 Partition ❑Replevin ❑Dental ❑Quiet:Title ❑Other: ❑Legal ❑Other: ' ❑Medical " C7 Other Professional: - --. Pa.R.CP.205.5 Updated 01%01/2011 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 i y 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 HHIR.ING 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'H:,317179' f o ws �� � N 7w! Z IMP— N PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF John Michael Kolesnik,Esq.., Id.No.308.877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 IN THE COURT OF COMMON PLEAS OF • GUMBERLAND COUNTY,PENNSYLVANIA . WELLS FARGO BANK,N.A., SB/M WELLS FARGO HOME MORTGAGE,INC. CIVIL DIVISION 3476 STATEVIEW BOULEVARD ) FORT MILL, SC 29715 NO.: 3.� ( S vj Plaintiff, VS. SHIRLEY I. KRADER 120 SAINT JOHNS DRIVE AWA 120 N SAINT JOHNS DRIVE CAMP HILL, PA 17011-1931 Defendant. CIVIL ACTION— COMPLAINT IN MORTGAGE FORECLOSURE And now comes WELLS FARGO BANK,N.A., SB/M WELLS FARGO HOME MORTGAGE.,-INC.,by its attorneys,Phelan Hallinan,LLP and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is WELLS FARGO BANK, N.A., SB/M WELLS FARGO HOME MORTGAGE, INC:, 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). . .• •. .. .• Film YY6 g9i$Oy�Y t118iWM1�, • U be.StiY68Rd 00000 . 062-PA-V3. dfM9Dfi � afC,11111M ``2. The 'Defendant, SHIRLEY I. KRADER, is ah. -i-ndivi-dual whose last,known address is 120-SAINT JOHNS DRIVE A/K/A 120 N SAINT JOHNS DRIVE, CAMP'HILL,PA 17011-1 3. WELLS FARGO BANK, N.A., S/13/M WELLS FARGO HOME MORTGAGE, INC., directly or through an agent, has possession of the Promissory Note. WELLS FARGO } BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. is either the .original payee of the Promissory Note or the Promissory Note has been duly indorsed. A-true an correct copy of said Promissory Note is.marked Exhibit "A", attached hereto and made a part hereof. 4. On or about July 30, 2003, SHIRLEY 1. KRADER made, executed and delivered to WELLS .FARGO HOME MORTGAGE, INC. a Mortgage in the original principal amount of $1.99,500..00 on the premises described in the legal 'description marked Exhibit'"B", attached i hereto and made a, part hereof. Said Mortgage being recorded in the Office of the Recorder of CUMBERLAND County in Book 1828, Page 4467. 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. SHIRLEY 1. KRADER is record and real owner of the aforesaid mortgaged p premises. ; '7. 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. i 062-PA-V3 8. As of 03/04/2013, the amount due and owing Plaintiff on the mortgage is as follows: Principal Balance $190,761.03 Interest 10/01/2012 through 03/04/2013 $ 1,621.06 Late Charges $ 423.15 Property Inspections $ 135.00 Escrow Deficit $ 710.58 Suspense Balance $ (1,055.80) TOTAL $192,595.02 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 rent 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 tore-establish such liability: 062-PA-V3 WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of$192,595.02, with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees.and costs and for foreclosure and sale of the mortgaged premises. i., ry Date: 3!�-l��s Jliicliael Kolesnik, Esq., Id. No.308877 n'ey for Plaintiff i 4 i i i r!k f i S. 062-PA=V3 �i i Exhibit "A" ORIGINAL NOTE ti July 30th, 2003 MECHANICSBURG PENNSYLVANIA (Date] (City) (Stale] 120 ST JOHNS DRIVE, CAMP HILL, PENNSYLVANIA 17011 (Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that 1 have received, I promise to pay U.S. $ 199,500.00 (this amount is-called "Principal"), plus interest, to the order of the Under.. The Lender is WELLS FARGO HOME MORTGAGE,INC. I will make all payments under this Note in the form of cash,check or money order. I understand that the Lender may transfer thiA Note. The Lender or anyone who takes this Note by.transfer and who is entitled to receive payments under tbis.Note is called d the "Note Holder.' . 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid, I will pay interest at a yearly rate of 5.500 % The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(13) of this Note. 3. PAYMENTS (A)Time and Place of Payments I will pay principal and interest by making a payment every. month. I will make my monthly payment on the 1st day of each month beginning on September 1st, 2003 . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal.If,on. August -I s t, 2033 1 still owe amounts under this Note, I will pay those amounts in full on that date,which is called the"Maturity Date." I will make my monthly payments at P.O. BOX 5137 DES MOINES, IA 50306 or at a different place if required by the Note Holder. (B) Amount or Monthly Payments My monthly payment will be in the amount of U.S. S 1,132.74 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make.a MI Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount.of my monthly payment unless the Note Holder agrees in writing to those changes. MULTISTATE FIXED RATE NOTE-Single Farntly-Ninnie.Mae/Froddie Mac UNIFORM-INSTRUMENT 7 Form-3200 1/01 Pago 1 of 3 u. OS 'Ira law, which applies to'this loan and which sets maximum loan'charges, is finally interpreted-so'that the interest or other ` loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A)Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of fifteen calendar days r after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.00 %of 1 my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. 1 (B)Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C)Notice of Default If i am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days.after the date on which the notice is mailed to me or 'delivered by other mean§. (D)No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E)Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for cizample, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by } delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. S. 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.The Note Holder may enforce its rights under ibis Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I 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 the Note Holder to demand payment of amounts due, "Notice of Dishonor" means the r right to require the Note Holder to give notice to other persons that amounts due have not been paid. - ar„ zo Ezra'. Page 2 of 3 'IN OR I G[IN A L ^ 10. UNIFORM SECURED NOTE -This Note is a.ubiform instiumentwith lin-Ated.variations in some jurisdictions. In addition to-the protections given to the ". Note Holder undd this Note;:a Mortgage, Deed of Trust.,or Security Deed(the "Security Instrument'), dated,the same-date as this Note,'protects the Note Holder from possible losses.which might-result if i do-not keep the promises which I make in this { Note. That Security Instrument Aescribes tiow and under what conditions I may be:required to make immediate payment in full i of all amounts 1 owe under this Note. Some of those conditions are described as.follows; ( if all or any part of the Property or any Interest in the Pioperty pis sold or transferred (or if Borrower is s, not a natural.person and a beneficial interest in Borrower is sold or transferred).without Lender's prior written consent, Lender may require immediate payment in full- of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises 'this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 w:ithin.which Borrower must pay all-sums secured by this:Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on_Borrower. WITNESS THE HAND(S)AND SEAL(S)OF THE UNDERSIGNED,.. (Seal) (Seal) SHIRLEY I ` Et{ Borrower Borrower i _. (Seal) - (Seal) -borrower Borrower i • ...._ _ __ t(5ea1) _ ._ (Seal) -Borrower -Borrower (Seal) i -Borrower -Borrower [Sign Original Only! Paga G or 3 Form 3200 1/01 r � f I�V 1 3 r t t 1 F e t a Exhibit "B" r- LEGAL DESCRIPTION ALL'THAT CERTAIN tract of parcel of:land situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described as follows,to wit: 1 i BEGINNING at an iron pin located on the western line of St. Johns Drive (formerly St. Johns 1'. Place)., which is North zero (0) degrees fifteen(15) minutes West six hundred thirty five(635) feet of the northern line of the right of way of-.the Harrisburg:Carlisle Highway(U.S. 11);thence South eight'nine (89) degrees forty five(45).minutes-West two hundred (200) feet to an iron.pin; thence North:zero.(QO) degrees fifteen (15)minutes West one hundred (1.00) feet to an iron pin; thence North ei.ght'nine(89) degrees forty five (45)minutes East two hundred (200) feet to an iron_pin on the western line of St. Johns Drive;thence South zero(0) degrees fifteen (15) minutes East along the western line of St. Johns Drive, one hundred(100) feet to a point,the place of BEGINNING. HAING thereon erected a stone bungalow known and number as 1.20 St. Johns Drive. Parcel#10-21-0277-018 PROPERTY ADDRESS: 120 SAINT:JOHNS.DRIVE A/K/A 120 N SAINT JOHNS DRIVE,CAMP HILL,PA 17011-1931 PARCEL#10-21-0277-018 File#: 317179 ` S VERIFICATION Leola McCray,hereby states that heQis Vice President Loan Documentation, of WELLS FARGO BANK,N.A., plaintiff in this matter,that he sh ,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 of hisG 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. Name: Leola McCray Title: Vice President Loan Documentation Company: Wells Fargo Bank,N.A. Date: 03/12/2013 y 086-PA-V2 FORM 1 IN THE COURT OF COMMON PLEAS WELLS FARGO BANK,N.A.,s/B/m WELLS OF CUMBERLAND COUNTY,PENNSYLVANIA FARGO HOME MORTGAGE,INC. Plaintiff(s) vs, SHIRLEY 1.KRADER 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 ibis 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)2439400 extension 2510 or{$00)822-5288"tension 2510 and request appointment of a legal representative at no charge to you. Once you have been appQinted a legal representative,you must promptly meet with that legal representative within twenty(26)hays*'of the appointment date.During thatmeeii-fig,you must provide the legal representative with ill' 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 d)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 provideyour lawyer with all requested financial hiformation so that a loan resolution proposal can be prepared on your behalf.If you and your lawyer complete a financial workshect 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 you lender in all 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 lin.Michael Kolesnik,Esq.,Id. Nd.308877 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 E.11/111111 MARV APPLICANT i 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 El ' ; 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? _ 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 Alnount: $ Included Taxes&Insurance: ' Date of Last Payment: Primary Reason for Default: ' I Ls the loan in Bankruptcy? Yes M 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: $ $ 3 Automobile-#1:Model;:. Year: Amount owed:: Value: Automobile#2: Model,: fear:. . Amount owed:.. Value: Other transportation automobiles boats,motorcycles): Model:_ Year: Amount owed: Value Monthly Income Name of Employers. 1 . tly;Gross Monthly Net ' 1on 2 Monthly Gross Monthly Net 3 Monthly Gross ;Monthly Net.:. Additional Income Description (not wages):, amount: I 2. ziiontlr"ly amount: l , Borrower Pay Days: . Co-Borrower Pay Days' Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT+ lti�Iot?C t; Food _ Utilities. Car.Pa.meets '_C.ondo/Nei "h.,Fees Auto Insurance _Med. (not covered Auto fuel/re a`its Other rop. Cable TV _. Instal 1. Loan T'a ';' tit - - Child Su ort/Alim Spending Money ,:Da /Child CarelTuit Other Ex enses . � Amount Available for Monthly Mortgage Payments Based on Income&Expenses: Have you beet i working with a'Housing Counseling Agency? Yes❑ No❑ If yes,please provide the.following information; Counseling Agency: __. Counselor: Phone(Office). Fax 1 Email: Have you.made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes F-I No Q. If yes, please indicate the status of-the applicatiom,". --- 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:_ _ AUT11ORIZATION I/We, authorize the above named to use/refer this inforinitf6h to my lender/servicer for the,sole purpose of evaluating my finhac'i'al4s"Itbation for possible mortgage nortgage options. I/We understand that I/we am/are under no obligation to use the counseling services provided by the above named Borrower Signature I Date Co-Borrower Signature Date Please-forward this document along with the following information to lender and-tender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected Income forthe'last 45 days 41: C6py'of a current utility bill 5. Letter explaining reason for#clinquenp.y.and any supporting documentation (hardship letter) -.6. Listing agreement(if property is currently on the market) Exhibit B 810938 lam G SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff' CONAV at CAM61144b Jody S Smith r Chief Deputy Richard W Stewart `"'' '" Solicitor OFFtCpF TM$F1FRtlF i Wells Fargo Bank,N.A.slb/m Wells Fargo Home Mortgage,Inc. Case Number VS. 2013-1515 Shirley 1.Krader SHERIFF'S RETURN OF SERVICE 04102/2013 07:09 PM-Deputy Jason Kinsler, being duly swom according to law,served the requested Notice of Residential Mortgage Foreclosure Diversion Program&Complaint In Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendant,to wit: Shirley 1.Krader at 120 North Saint Johns Drive,Hampden Township,Camp Hill, PA 17011.The defendant also informed deputies that her last name is now"Sheibly". --•___ SON KINSLER,DEPUTY SHERIFF COST:$43.00 SO ANSWERS, April 03,2013 RON R ANDERSON,SHERIFF i 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. 2013-1515-Civil SHIRLEY I. KRADER 120 SAINT JOHNS DRIVE Cumberland County A/K/A 120 N SAINT JOHNS DRIVE CAMP HILL, PA 17011-1931 Defendant CERTIFICATION OF SERVICE I certify that a true and.correct copy of Plaintiff's Motion to Lift Conciliation Stay and proposed Order were sent via first class mail to the person listed below on the date indicated: SHIRLEY I. KRADER 120 SAINT JOHNS DRIVE A/K/A 120 N SAINT JOHNS DRIVE CAMP HILL, PA 17011-1931 Date: By: osep . Schalk, Esquire Atto ey for Plaintiff 810938 r a y 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 SHIRLEY I. KRADER No. 2013-1515-Civil 120 SAINT JOHNS DRIVE A/K/A 120 N SAINT JOHNS DRIVE Cumberland County CAMP HILL, PA 17011-1931 Defendant ORDER AND NOW,this 72' day of Q v �`t , 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: pG fV .�i°S —1 r r 810938 cc: Angela N. Baluch and Seth A. Baluch Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff ,/B ELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 XIRLEY I. KRADER 120 SAINT JOHNS DRIVE A/K/A 120 N SAINT JOHNS DRIVE CAMP HILL, PA'17011-1931 810938 1ILED-Or"'ICE :r THE PROTMONO PARR PHELAN HALLINAN,LLP Attorney for Plaintiff Allison F. Zuckerman,Esq.,Id.No.309519 7913 JUL 3 1 AM }Q: 06 1617 JFK Boulevard, Suite 1400 One Perm Center Plaza CUMBERLAND COUNTY Philadelphia,PA 19103 PENNSYLVANIA allison.zuckennan@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A., SB/M CUMBERLAND COUNTY WELLS FARGO HOME MORTGAGE, INC. COURT OF COMMON PLEAS VS. CIVIL DIVISION SHIRLEY I. KRADER No. 13-1515 AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant SHIRLEY I. KRADER is over 18 years of age and resides at 120 SAINT JOHNS DRIVE, A/K/A 120 N SAINT JOHNS DRIVE, CAMP HILL, PA 17011- 1931. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date PhAl Hal na P son F. Z erman, Esq., Id. No.309519 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 810938 Department of Defense Manpower Data Center Results as of:Jul-30-2013 06:05:03 SCRA 3.0 Status Report r pursuant to Serviccrnembem Civil Relief Act Last Name: KRADER First Name: SHIRLEY Middle Name: I Active Duty Status As Of: Jul-30-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA _ No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the Individual left active duty status within 367 days preceding the Active Duty Status Dale The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. X )4- )1( W Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350