HomeMy WebLinkAbout13-1755 Supreme Court of Pennsylvania
COUi' COI17 Pleas For Prothonotary Use Only:
it. C 6VO et
Cu �
County Docket No:
The information collected on this form is used solely for court administration purposes. This form does not
supp lement or replace lace the tlin and service ofpleadings or other papers as required by lcnv or rules of court.
S Commencement of Action:
OO Complaint ❑ Writ of Summons ❑ Petition
B+ ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking
C Lead Plaintiff's Name: WELLS FARGO BANK, N.A. Lead Defendant's Name: CAROLINE C. LOY A /K/A
T CAROLINE LOY
I Are money damages requested? El Y es 0 No
Dollar Amount Requested: El within arbitration limits
0 (Check one) 0 outside arbitration limits
N Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJ Appeal? ❑ Yes 0 No
A Name of Plaintiff /Appellant's Attorney: Meredith Wooters Esq., Id No.307207 Phelan Hallinan, 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 include Judgments) 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/Libel/ Defamation Discrimination
E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board
C __ ❑ Other:
T
I MASS TORT ❑ Other:
0 ❑ 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
Z Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto
❑ Dental ❑ Partition ❑ Replevin
❑ Legal ❑ Quiet Title ❑ Other:
❑ Medical ❑ Other:
❑ Other Professional:
Pa.R.C.P. 205.5 Updated 01/01/2011
TA
?.G13A► — 4' 10: 3
Awls. y
PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF
Meredith Wooters, Esq., Id. No.307207
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 �W< V I
vs.
CAROLINE C. LOY
A /K/A CAROLINE LOY
PHILLIP J. LOY
A/K/A PHILLIP LOY
120 BOSLER AVENUE
LEMOYNE, PA 17043 -1925
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 STATE W
BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). (D
a 0 IS 1 o3.
062-PA-V3 ot `+ � 35 ,?
2. The Defendants, LOY, CAROLINE C. A /K/A LOY, CAROLINE and LOY,
PHILLIP J. A /K/A LOY, PHILLIP, are individuals whose last known address are 120 BOSLER
AVENUE, LEMOYNE, PA 17043 -1925.
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 March 22, 1993, CAROLINE C. LOY and PHILLIP J. LOY made,
executed and delivered to HERSHEY BANK a Mortgage in the original principal amount of
$47,500.00 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 11.22, Page 960. 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. By Assignment of Mortgage recorded April 17,
2007, the mortgage was assigned to WELLS FARGO BANK, NA which Assignment is
recorded in the Office of the Recorder of CUMBERLAND County in Book 0736, Page 0394.
The Assignment 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.
6. CAROLINE C. LOY A/K/A CAROLINE LOY is the record and real owner 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 November 1, 2012.
062 -PA -V3
8. As of 03/07/2013 the amount due and owing Plaintiff on the mortgage is as
follows:
Principal Balance $ 27,320.19
Interest
10/01/2012 Through 03/07/2013 $ 857.86
Late Charges $ 32.40
Property Inspections $ 30.00
Escrow Deficit $ 65.25
Suspense Balance ($2.88)
TOTAL $ 28,302.82
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 $ 28,302.82 with interest thereon plus additional costs (including additional
escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the
mortgaged premises.
f By:
Date: (� Meredith ooters, sq., Id. No.307207
Attorney for Plaintiff
062 -PA -V3
Exhibit "A"
ADJUSTABLE RATE NOTE
(LIBOR Six -Month Index (As Published In The Wall Street Journal) - Rate Caps)
THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY
MONTHLY PAYMENT. THIS NOTE UMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT
ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY.
September 19, 2006 Irvine California
[Date) (Chyl (Sa¢]
i
59 SO4ICIR ST, PITTSBURGH, PA 15214
( MtM Addr -1
1. BORROWEWS PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. S 65,600. 00 (this amount is Called
, principal*), plus interest, to the order of lender. Lender is BNC MORTGAGE, INC. , A DELLAAOPM CORPORATION
I will make all payments under this Note in the form of cash, check or money order.
I understand that Leader may transfer this Note. 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 he charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a
yearly rate of 10.050 %. The interest w e T will pay may change in accordance with Section 4 of this Note. ;
The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any
default described in Section 7(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 payments on the lust day of each month beginning on November 1, 2006
I will make these payments every nttinth 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 October 1, 2036 ,1 still owe amounts under this
Note, I will pay those amounts in full on that dace, which is called the "Maturity Date,"
I will make my monthly payments at OONC, Attn: Payment Processing, P. 0. Box 44042,
Jacksonville, FL. 32231 -4042
or at a different place if required by the Note Holder.
(B) Amount of My Initial Monthly Payments
Each of my initial monthly payments will be in the amount of U.S. $ 578.12 Ibis amount
may change.
(C) Monthly Payment Changes
Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I ;
must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in
accordance with Section 4 of this Note.
PIT003060
MULTISTATE ADJUSTABLE RATE NOTE - LIBOR SIX-MONTH INDEX (AS PUBLISHED IN THE WALL STRFET JOURNAL I -
Sinyla Family - Fannie Me* UNIFORM INSTRUMENT
M lj "SN 10210) Foot 3820 1101
VW MMGAGE FQWS • f80016R 1-7287
F". 7 d It WHW:
i
4, INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Data
The interest rate I will pay may change on the first day of Octobos, 2008 and on that day every i
6th month thereafter. Each date on which my interest rate could change is called a "Change Date."
(B) The Index
Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of
interbank offered rates for six month U.S. dollar - denominated deposits in the London market ( "LIBOR "), as published in
The Wail Street Iaturtal. The most recent Index figure available as of the first business day of the month immediately
preceding the month in which the Change Date occurs is called the "Current Index."
If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable
information. The Note Holder will give re notice of this choice.
(C) Calculation of Changes Hive And 95Q /I000
Before each Change Date, the Note Holder will calculate my new interest rate by adding
percentage p ( 5.950 %) to the Current
Index. The Nate Holder will then round the result of this addition to the nearest one- eighth of one percentage point
(0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next
Change Date.
The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid
principal that I am expected to owe at the Change Date in full on the Maturity Date at my now interest rate in substantially ;
equal payments. The result of this calculation will be the new amount of my monthly payment. i
(D) Limits on Interest Rate Changes
The interest rate I am required to pay at the drat Change Date will not be greater than 13.050%
or less than 10.050 %. Thereafter, my interest rate will never be increased or decreased on any single
Change Date by more than one percentage poimt(s) ( 1.000 %)
from the rate of interest 1 have been paying for the preceding 6 months. My interest rate will never be greater i
than 17.050 %, or less than 10.050
(E) Effective Date of Changes
My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment
beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again.
(F) Notice of Changes
The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly
payment before the effective date of any change. The notice will include information required by law to be given to me and
also the title and telephone number of a person who will answer any question I may have regarding the notice.
5. BORROWER'S RIGHT TO PREPAY ** Sao attached Prepayment Addendum.
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 this Note.
I may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will
use my Prepayments to reduce the amount n t 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 this Note. If I make a partial Prepayment, there will be no changes in the due darts of my monthly
payments unless the Note Holder agrees in writing to those changes. My partial Prepayment may reduce the annum of my
monthly payments after the first Change Date following my partial Prepayment. However, any reduction due to my partial
Prepayment may be offset by an interest sate increase.
6. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest of
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 we that 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 Princlpal, the
reduction will be treated as a partial Prepayment.
PIT003068
Form 3820,1101
® -938N x2n) Pp 2 mA mUYr. r
7. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charges for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15
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 % 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 Ow that if I do tot pay the overdue amount by
a certain date, the Note Holder may require me to pay immediately the full amount of principal that 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
the 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.
a. 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 1 give the
Note Holder a notice of my different address.
Unless the Note Holder requires a different method, any notice that must be given to the Note Holder under this Note
will be given by mailing it by first class email 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.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fbliy and personally obligated to beep 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.
10. WAIVERS
I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Disborror.
"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.
11. 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 lnsutttmemt "), dated the same '
date as this Note, protects the Note Holder from possible losses that might result if 1 do not keep the promises that I make in
this Noce. 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 read as follows:
PIT003068
Form 3B 1101
�B38N (0210) Nge 3d 4 a4"r-
I
I
w .r
Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the
Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial
interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the
intent of which is the transfer of title by Borrower at a future date to a purchaser.
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 transferrod) without Lender's prior written consent,
Lender may require immediate paymmt m full of aU sums secured by this Security Instrument. However, this
option shall not be exercised by Leader if such exercise is prohibited by Applicable Law, Lender also shall not
exercise this option if- (a) Borrower causes to be submitted to Lender information required by Lender to evaluate
the intended transferee as if a new loan were being made to the transfe ree: and (b) lender reasonably determines
that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or
agreement in this Security Instrument is acceptable to lender.
To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Leader's
consent to the loan assumpt ion. Lender also may require the transferee to sign an assumption agreement that is
acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note
and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security
Instrument unless Lender releases Borrower in writing.
If Lender exercises the option to require immediate payment in full, 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 suns secured by this Security Instrument. If
Borrower fails to pay these surns 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)
F LNCE
S. MYRR8 - Borrower Borrower
(Seal) (SNI)
- Borrower - Bonower
;
(Seal) (Sew)
- Borrower O I
(Sed) (Seat)
.Borrower 43orrower
[Mgn Original Only)
PIT003068
�838N tome Pop n of ♦ Form 3520 1107
;
w IMP-
APLICATION NUNMER: P'
BORROWERS NAME: MYERS, PRUDENCE 5 '
BORROWERS ADDRESS: 54 SEMICIR ST
PITTSBURGH, PA 15214 ;
ALLOVGE TO NOTE
PAY TO THE ORDER OF:
W 0 � REC E BIB M ORTGAGE, INC. i
I
OLO RES MAR Z
ASST. VICE PRESIDENT.'
I;
I
Loan No.. PIT00Y
i
ADDENDUM TO NOTE
PREPAYMENT PENALTY CHARGE
THIS Prepa yment Penalty Addendum is made this Tuesday of September 19, 2006, and is incorporated into
and shall be erred to amend and supplement (i) that certain Mortgage, Deed of Trust or Security Deed (the
"Security Instrument") of the saw date given by the Borrower, as trustor or mortgagor, in favor of BNC
MORTGAGE, INC., ADELAWARE CORPORATION
("[ ender"), as beneticiary or wortgagee, sad (d) that certain promissory note (the "Note ") of the same date execu0etl
by Borrower in favor of Lender. To the extent that the pmvistons of this Ptepaynt Addendum (the "Addendum ")
are lnconsistent with the provisiats of the Security Instrument and/or the ore, the prorimoas of this Prepayment
Note shall prevail over and shall supersede any such inconsistent provisions of the Security Inatntmemt and a/ r tht
Note.
For value received, the receipt and sufficiency of which are hereby acknowledged, Section 5 of the Note is amended
to read in its entirety as follows:
"S. BORROWER'S RIGHT TO PREPAY, PREPAYMENT CHARGE
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 ?make a ProQayment, I will tell the Note Holder in
wrim' tg that [ am doing ao. I may not designate a payment as a Prepayment if I have not made all the
monthly payments due under die Note. ;
If I malco a partial Prcpaymatt, there will be no c3tattges is the due date or in the amount of my
monthly payment tnless the Note Holder agrees in writing to thoso changes.
Tf within Twenty -foix (24) months after fhe date of execuion of the Security Instrument (as
defined below) I make a full Prepayment or partial Prepayment(s), I will at the same time pay to the
Note Holder a Prepayment charge equal to six (6) months' addvvance interest on the amount of the
Prepayment that, when added to all other atuounLv prepaid during rho 12•mandt period immediately
preceding the date of the Prepayment, exceeds twenty percent (2t1%) of the original Principal amount
of this Note."
By signing below, I (We) accept and agree to the terms and covenants contained in this Prepayment Penalty
Addendum.
Z 11,_ _-
Borrower Borrower
PRUDENCE S. NMRS
Borrower Borrower
Borrower Borrower
Borrower Borrower
PM03068
Mu11-w"(A4 .t.W4
Exhibit "B"
LEGAL DESCRIPTION
ALL that certain lot or piece of ground situate in the twenty -sixth ward of the City of Pittsburgh,
County of Allegheny, Commonwealth of Pennsylvania, being Lots Nos 10 and 11 in the
Elizabeth C. Kreiling Plan of Lots, of record in the Recorder of Deeds Office of Allegheny
County in Plan Book Volume 9, pages 54 and 55.
BEING designated as Block & Lot: 115 -H -314
PROPERTY ADDRESS: 59 SEMICIR STREET, PITTSBURGH, PA 15214 -1833
PARCEL # 0115 -H- 00314- 0000 -00
File #: 256335
VERIFICATION
Denise Goldston, hereby states that heois Vice President Loan Documentation
of WELLS FARGO BANK, N.A., plaintiff in this matter, that h s e ' authorized to
make this Verification, and verify that the statements made in the foregoing Civil Action
in Mortgage Foreclosure are true and correct to the best of hi er formation 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.
6A. C'
Name: Denise Goldston
Title: Vice President Loan Documentation
Company: Wells Fargo Bank, N.A.
Date: 03/27/2013
086 -PA -V2 File # 317661
FORM 1
IN THE COURT OF COMMON PLEAS
WELLS FARGO BANK, N.A. OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s)
vs. C fEl _ r
CAROLINE C. LOY A/K/A CAROLINE LOY
PHILLIP J. LOY A /K/A PHILLIP LOY {
Defendant(s) I qs� ` Civil
NOTICE OF RESIDENTIAL MORTGAGE FORECLR,
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:
�.3 vw lAnw-
Date
Meredith Wooters, Esq., Id.
No.307207
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 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:
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 Monthly Net
2. Monthly Gross Monthly Net
3. Monthly Gross Monthly 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 Mort a e 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
Da /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:
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): 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 #: 317661
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny RAnderson F11-ED-OFFICE
Sheriff as 0' THEPROTHONOT"y
Jody S Smith �t5 tr of s ioGrrl
Chief Deputy - 52 APR I$ PM 12 2
F' 3,
Richard W Stewart ac'
Solicitor OFFICE OF THE SHERIFF CUMBERLAND COUNTY
PENNSYLVANIA
Wells Fargo Bank, N.A. Case Number
vs. 2013-1755
Caroline C, Loy let al.)
SHERIFF'S RETURN OF SERVICE
04/11/2013 07:09 PM -Deputy Ryan Burgett, being duly sworn according to law, served the requested Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by
"personally"handing a true copy to a person representing themselves to be the Defendant,to wit:
Caroline C. Loy at 120 Bosler Avenue, Lemoyne Borough, Lemoyne, PA 17041
RYAN BURGETT, DEPU
04/15/2013 04:38 PM-Deputy Shawn Gutshall, being duly sworn according to law, served the requested Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing
a true copy to a person representing themselves to be Maria Faux, Girlfriend of defendant,who accepted
as"Adult Person in Charge"for Philip Loy at 315 9th Street, New Cumberland Borough, New
Cumberland, PA 17070. _
A 9,LUMHALL,tERUPI-
SHERIFF COST: $77.00 SO ANSWERS,
April 16,2013 RONWY R ANDERSON, SHERIFF
(c)Countysuite Snarifl,Teleoson,Inc,
F I L E 0-0 ic RC
OF THE PROTHONOTARY
Phillip C. Loy 20113 h'A y _6 f.IM I I w
315 9th Street
New Cumberland, PA 17070 CUMBPRLAND COUNTY
PENNISYLVANIA
WELLS FARGO BANK, N.A., § IN THE COURT OF COMMON PLEAS OF
Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA
§ NO. 13-1755 CIVIL
V. §
§ CIVIL ACTION - LAW
CAROLINE C. LOY §
A/K/A CAROLINE LOY §
PHILLIP J. LOY §
A/K/A PHILLIP LOY, §
Defendants §
DEFENDANT PHILLIP LOY'S ANSWER AND NEW MATTER
TO PLAINTIFF'S COMPLAINT
AND NOW,comes the Defendant,Phillip Loy,by and through its attorney, Tanner
Law Offices, LLC and answers Plaintiff's Complaint as follows:
CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE
I Upon information and belief, admitted.
2. Admitted in part. Denied in part. It is admitted that Defendant Caroline Loy's last
address is 20 Bosler Avenue, Lemoyne, PA. It is denied that Defendant Phillip
Loy's last address is 20 Boster Avenue, Lemoyne, PA.
3. After reasonable investigation, Defendant Phillip Loy is without knowledge or
information sufficient to form a belief as to the truth of the averments contained in
this paragraph.
4. Upon information and belief, admitted.
5. Upon information and belief, admitted.
6. Admitted.
7. Admitted in part. Denied in part. It is admitted that Defendant Caroline Loy is in
default under the terms of the Mortgage for failure to pay the monthly installments
of principal and interest due November 1, 2012. It is specifically denied that
Defendant Phillip Loy is in default under the tenors of the Mortgage for failure to pay
the monthly installments of principal and interest due November 1, 2012.
8. After reasonable investigation, Defendant Phillip Loy is without knowledge or
information sufficient to form a belief as to the truth of the averments contained in
this paragraph.
9. After reasonable investigation, Defendant Phillip Loy is without knowledge or
information sufficient to form a belief as to the truth of the averments contained in
this paragraph.
10. After reasonable investigation, Defendant Phillip Loy is without knowledge or
information sufficient to form a belief as to the truth of the averments contained in
this paragraph.
WHEREFORE,Defendant Phil Loy, respectfully requests that the Complaint against
him be dismissed.
NEW MATTER:
11. Paragraphs 1 through 10 are hereby incorporated by reference.
12. Defendant Phillip Loy and Defendant Caroline Loy were married on September 20,
1986.
13. On or about August 21, 2012, Defendant Phillip Loy and Defendant Caroline Loy
entered into a legally binding Marital Settlement Agreement,defining their rights and
responsibilities regarding the marital estate.
14. Defendant Phillip Loy and Defendant Caroline Loy were divorced on September 13,
2012.
15. Pursuant to the terms of the August 21, 2012 Marital Settlement Agreement,
specifically Article 11,Paragraph 3,Wife was required to"re-finance the home in her
individual name to remove Husband's name from the mortgage and all liability
associated with the marital residence. Wife shall be solely responsible for all
maintenance,liability,taxes,and insurance associated with the marital residence and
shall indemnify and hold Husband harmless with regard to all costs and liabilities
associated with the marital residence." (Exhibit"A")
16. As Defendant Caroline Loy has agreed to assume all liability with regard to the
mortgage and has agreed to indemnify and hold Defendant Phillip Loy harmless with
regard to same, the action against Defendant Phillip Loy should be discontinued
pursuant to Pa.R.C.P. 229.
WHEREFORE, Defendant Phillip Loy respectfully requests that this Honorable
Court discontinue the action against Defendant Phillip Loy only.
Respectfully submitted,
z
P>dlip Loy, 14'efendant
Phillip C. Loy
315 9th Street
New Cumberland, PA 17070
WELLS'FARGO BANK, N.A., § IN THE COURT OF COMMON PLEAS OF
Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA
§ NO. 13-1755 CIVIL
V. §
§ CIVIL ACTION - LAW
CAROLINE C. LOY §
A/K/A CAROLINE LOY §
PHILLIP J. LOY §
A/K/A PHILLIP LOY, §
Defendants §
NOTICE TO PLEAD
TO: Wells Fargo Bank, N.A., Plaintiff
Caroline Loy, Defendant
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW
MATTER WITHIN TWENTY (20) DAYS FROM THE DATE OF SERVICE OR A
JUDGMENT MAY BE ENTERED AGAINST YOU.
Date Philfip Loy, efendant
VERIFICATION
I, Phillip Loy, Defendant, verify that the statements made in this Defendant Phillip
Loy's Answer and New Matter to Plaintiff's Complaint are true and correct. I understand
that false statements made herein are made subject to the penalties of 18 Pa.C.S. §4904
relating to unsworn falsification to authorities.
Date: '-3'13
Phillip Gy
In Re: The marriage of § IN THE COURT OF COMMON PLEAS OF
PHILLIP LOY, § CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff §
V. § CIVIL ACTION - LAW
CAROLINE LOY, § NO. 10-1762 CIVIL TERM
Defendant § IN DIVORCE
MARITAL SETTLEMENT AGREEMENT
This Agreement, made and entered into this d ) day of� F_, 2012, between
PHILLIP LOY, residing at 315 9' Street, New Cumberland, Cumberland County, Pennsylvania
17070, (hereinafter referred to as "Husband,", and collectively with "Wife" as "the parties") and
CAROLINE LOY, residing at 120 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania
17043, (hereinafter referred to as "Wife", and collectively with "Husband" as "the parties").
WITNESSETH:
WHEREAS, the parties were married on September 20, 1986, and remain married; and
WHEREAS, presently irreconcilable differences having arisen between the parties, as a
result of which they been living separate and apart since February 4, 2008 and intend to continue
living separate and apart; and
WHEREAS, it is the intention of Husband and Wife to live separate and apart, and the
parties hereto are desirous of settling fully and finally their respective financial and property rights
as between each other, including without limitation by specification: the settling of all matters
between them in relation to the ownership and equitable distribution of real and personal property;
settling of all matters between them relating to the past,present and future support,alimony d/
n or
Page I of 13
Exhibit "A"
maintenance; and the settling of any and all claims and possible claims by either party against the
estate of the other party; and
WHEREAS,the parties have disclosed to the other's satisfaction the nature and value of all
of their presently constituted assets, liabilities and income; and
WHEREAS,Husband having been represented by the law fin-n ofTanner Law Offices,LLC
with offices located in Camp Hill, Pennsylvania, and Wife having appeared in this action pro se.
NOW THEREFORE,in consideration of the mutual promises, covenants, agreements and
terms herein contained, and for other good and valuable consideration, receipt of which is hereby
acknowledged by each of the parties, the parties hereto intending to be legally bound hereby
covenant and agree as follows:
ARTICLE I
SPOUSAL SUPPORT AND MAINTENANCE
1. WAIVER OF ALIMONY. Husband and Wife recognize and acknowledge that the
foregoing provisions for their individual benefit are satisfactory in regard to support
and maintenance,past,present and future. The parties release and discharge the other
absolutely and forever for the rest of their lives for all claims and demands, past,
present and future, for alimony, alimony pendente lite or for any provisions for
support and maintenance, except as set forth herein.
Page 2 of 13
2. INSURANCE. Neither party shall have any obligation to provide or maintain any
forin, of insurance for the other's benefit; such insurance to include, without
limitation, health, life, automobile, disability, homeowner's, etc., and neither shall
have any obligation to pay any of the other's unreimbursed,uncovered health-related
expenses.
ARTICLE 11
EQUITABLE DISTRIBUTION
3. MARITAL HOME. The parties acknowledge that during the marriage, they were
vested with title, as tenants by the entirety, to premises located at 120 Bosler
Avenue, Lemoyne, Pennsylvania 17043 (hereinafter refereed to as the "marital
residence"). Wife shall retain individual possession of the marital residence. Within
ten (10) days of the execution of this Agreement, Husband shall sign a quit-claim
deed transferring all right, title and interest to the marital home to Wife. Wife shall,
within ninety (90) days from the receipt of ten thousand dollars ($10,000) from
Husband as described in Paragraph 7 herein, re-finance the home in her individual
name to remove Husband's name from the mortgage and all liability associated with
the marital residence. Wife shall be solely responsible for all maintenance, liability,
taxes, and insurance associated with the marital residence and shall indemnify and
Page 3 of 13
hold husband harmless with regard to all costs and liabilities associated with the
marital residence.
Should Wife be unable to re-finance the marital residence in her own name
within ninety (90) days of receipt of the ten thousand dollars ($10,000), Wife shall
inunediately cooperate in listing the house for sale and shall receive all profits arising
therefrom.
4. AUTOMOBILES. The parties acknowledge that during the marriage, the parties
owned a 2003 Chevy Astro Van and a 2003 Ford Focus. The parties??ackno wleoge
that Wife sold the 2003 Chevy Astro Van in 2010 and received 06 from�he sale
thereof. Wife retained these proceeds and purchased a new vehicle in her individual
name. Husband hereby waives all of his right,title and interest in and to the proceeds
from the sale of the 2003 Chevy Astro Van and to Wife's newly titled vehicle.
The parties acknowledge that the 2003 Ford Focus was totaled in a car accident
in 2010. Husband received $3,500 from the insurance company and gave $500 to
Wife. Husband purchased anew vehicle in his individual name with said proceeds.
Wife agrees to convey all of her right, title and interest in and to the proceeds from
the insurance distribution of proceeds from the 2003 Ford Focus and to Husband's
newly titled vehicle. Husband waives any right,title and interest to the$500 provided
to Wife.
Page 4 of 13
The parties understand and acknowledge that each shall continue to be
individually responsible for any and all obligations with respect to their respective
automobiles including, without limitation, costs of maintenance and repairs,license,
registration, insurance and any miscellaneous charges in connection therewith.
5. BANK AND FINANCIAL ACCOUNTS. Husband and Wife acknowledge that they
do not possess any bank accounts or the like in both of their names. They hereby
agree that each shall become sole owner of their respective accounts and each hereby
waives any interest in, or claim to, any funds held by the other in any accounts. The
parties each hereby waive, release and relinquish any and all right, title and interest
either may have in and to the other's separately titled bank and financial accounts;
including, without limitation, checking, savings, certificates of deposit, money
markets and financial investment accounts of whatever kind and nature, and neither
shall make any claim against the other's property now or in the future.
6. RETIREMENT PLANS, 401(k)s, IRAs and DEFERRED SAVINGS PLANS.
The parties acknowledge that Husband, upon retirement, will be entitled to receive a
pension distribution from the State Employees' Retirement System. Upon his
retirement,Husband shall provide to Wife,the lump sum of Twenty Thousand Dollars
($20,000) as full and final satisfaction of Wife's marital interest in Husband's
retirement account. Except for receipt of$20,000 upon Husband's retirement, Wife
Page 5 of 13
hereby waives, releases and relinquishes any and all right, title and interest to
Husband's SERS benefit, or any other such retirement benefit of like kind and
character.
Wife shall be responsible for obtaining and paying for a Qualified Domestic
Relations Order in order to effectuate the transfer of the Twenty Thousand Dollars
($20,000) from Husband's SERS pension.
7. STOCKS AND BONDS. The parties acknowledge and that Husband owns four (4)
shares of PPL stock , valued at approximately One Hundred Dollars ($100.00).
Husband shall retain possession and ownership of said stock. Wife hereby waives,
release and relinquish any and all right, title and interest to said stock.
8. FEDERAL INCOME TAX RETURNS. Since the parties' date of separation,they
have jointly filed their 2007,2008 and 2009 Federal Income Tax Returns. The parties
acknowledge that Wife received the joint tax refund for the 2007 return in the amount
of$5,320.00; the 2008 refund of$9,338; and the 2009 refund of$5,765 and did not
provide any portion of these refunds to Husband. Husband hereby forever waives,
releases and relinquishes any and all right, title and interest to said income tax
refunds.
The parties filed individual income tax returns for tax year 2010 and 2011 and
shall continue to do so for all future income tax returns.
Page 6 of 13
9. PERSONAL AFFECTS. Except as otherwise provided herein, the parties have
divided between them, to their mutual satisfaction, the personal effects, household
furniture and furnishings, and all other articles of personal property which have
heretofore been used by them in common, and neither party will snake any claim to
any such items which are now in the possession or under the control of the other.
Each party hereby specifically waives, releases, renounces and forever abandons
whatever claims he or she may have with respect to any personal property which is
in the possession of the other, with the exception of those items listed below, and
which shall become the sole and separate property of the other from the date of
execution hereof.
Within five (5) days of execution of this Agreement, Wife shall provide to
Husband the following items, which shall thereafter become Husband's sole and
separate property:
1. The bike carrier for the car;
2. The dining room table and chairs; C�
3. The ditting Leh; L�
4. 50% of all family photos and videos;C W i e. 4,11 hP P`,�4/ A)
V-osbonrl ors o> ` P rare Sep 4trtbe:r
5. All of the work tools; and
J
6.
v
Page 7 of 13
10. ASSETS ACQUIRED SUBSEQUENT TO THE EXECUTION OF THIS
AGREEMENT. The parties agree that any asset of whatever kind and nature
acquired by any possible means and titled in their individual name or in the name of
another shall forever hereafter remain their separate property and shall not be subject
to distribution, equitable or otherwise, in any possible future proceeding concerning
the status of the parties' marriage.
ARTICLE III
MARITAL DEBT
11. MARITAL DEBT. Each party shall maintain sole and exclusive responsibility for
the payment of any and all debt in his or her individual name. The parties specifically
represent that, other than the mortgage debt addressed in Paragraph3 herein,they are
aware of no outstanding debt in the joint names of both parties. To the extent that any
such joint debt may exist,said debt shall be assumed by the party to whom request for
payment has been sent up to the effective date of this Agreement. The party assuming
such debt shall indemnify and hold the other party harmless against any liability
arising therefrom.
12. CREDIT ACCOUNTS. To the extent that either party may presently have in their
possession credit cards or credit/financial account access cards, which credit was
obtained in the name of the other,each agrees to immediately refrain from using such
Page 8 of 13
cards at any time now or in the future,and to this end each further agrees to surrender
same to the appropriate titled party forthwith.
ARTICLE IV
INDEPENDENT LEGAL REPRESENTATION
13. INDEPENDENT LEGAL REPRESENTATION. The parties acknowledge that
each has had the opportunity to be represented by independent counsel with respect
to the negotiation, drafting and execution of this Agreement. Husband has been
represented by Tanner Law Offices, LLC, with offices in Camp Hill, Pennsylvania
and Wife, has appeared in this action prose. The parties represent and acknowledge
that each understands all of the legal and practical effects of this Agreement,and with
this understanding, each signs voluntarily, of their own free will, and without any
undue influence, fraud, coercion or duress of any kind whatsoever exercised upon
either of them by any person.
ARTICLE V
MISCELLANEOUS PROVISIONS
14. NO MOLESTATION OR INTERFERENCE. The parties agree that neither will
molest, malign, disturb, or interfere with the other or the other's relatives in any
manner whatsoever during the period of their separation. Each shall be free from
Page 9 of 13
interference, direct or indirect, by the other, and be entitled to live their life as if
single and unmarried to the other.
15. NO BAR TO DIVORCE. This Agreement shall not affect or bar the right of
Husband or Wife to a divorce on lawful grounds or to any defense which may be
available to either party. This Agreement is not intended to condone and shall not be
deemed to be a condonation on the part of either party hereto of any act or acts on the
part of the other party which have occasioned the irreconcilable differences between
the parties.
16. SUBSEQUENT DIVORCE. The parties hereby acknowledge that Husband filed a
Complaint in Divorce in Cumberland County, Pennsylvania, claiming that the
marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce
Code. The parties hereby express their agreement that the marriage is irretrievably
broken and agree to execute any and all Affidavits or other documents necessary for
the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce
Code. The parties hereby waive all rights to request court ordered counseling under
the Divorce Code. It is further specifically understood and agreed by the parties that
the provisions of this Agreement as to equitable distribution of property are accepted
by each party as full and final settlement for all purposes whatsoever,as contemplated
by the Pennsylvania Divorce Code.
Page 10 of 13
Should a decree,judgment or order of divorce be obtained by either or the
parties in this or any other state, country or jurisdiction, each of the parties hereby
consents and agrees that this Agreement and all of its covenants shall not be affected
in any way by such separation or divorce; and'that nothing in any such decree,
judgment,order,or further modification or revision thereof,shall alter,amend or vary
any term of this Agreement. It is the specific intent of the parties to permit this
Agreement to survive any judgment and to be forever binding and conclusive upon
the parties.
17. INCORPORATION OF DIVORCE DECREE. It is further agreed, covenanted
and stipulated that this Agreement,or the essential parts hereof,shall be incorporated
in any decree hereinafter entered by any court of competent jurisdiction in any divorce
proceedings that have been or may be instituted by the parties for the purpose of
enforcing the contractual obligations of the parties. This agreement shall not be
merged in any such decree but shall in all respects survive the same and be forever,
binding and conclusive upon the parties.
18. ENTIRE UNDERSTANDING. The parties acknowledge and agree that this
Agreement contains the entire understanding of the parties and supersedes any prior ,
agreement between them. There are no other representations, warranties, promises,
Page 11 of 13
covenants or understandings between the parties other than those expressly set forth
herein.
19. MODIFICATION OF THIS AGREEMENT. The modification or waiver of any
of the provisions of this Agreement shall be effective only if made in writing and
executed with the.same formality as this Agreement.
20. BREACH. In the event that either party breaches any provision of this Agreement,
he or she shall be responsible for any and all costs incurred to enforce the terms
hereof, including, but not limited to, court costs and reasonable counsel fees of the
other party. In the event of a breach, the other party shall have the right, at his or her
election, to sue for damages for such breach or to seek such other and additional
reinedies as may be available to him or her.
21. APPLICABLE LAW. The parties hereto agree that this Agreement shall be
construed under the laws of the Commonwealth of Pennsylvania.
22. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for
convenience only. They shall have no affect whatsoever in detennining the rights or
obligations of the parties.
Page 12 of 13
IN WITNESS WHEREOF, and intending to be legally bound, the parties have set their
hands and seals the day and year written below their respective naives.
` L
Phi ip LoIs band / Caroline Loy, Wife
Date: `� -21 17/ Date: F - 21 - 12—
Signature of Witness Signature of Witness
Printed Name of Witness Printed Name of Witness
Page 13 of 13
Phillip J. Loy
315 9th Street
New Cumberland, PA 17070
WELLS FARGO BANK, N.A., § IN THE COURT OF COMMON PLEAS OF
Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA
§ NO. 13-1755 CIVIL
V. §
§ CIVIL ACTION - LAW
CAROLINE C. LOY §
A/K/A CAROLINE LOY §
PHILLIP J. LOY § ` ' r
A/K/A PHILLIP LOY, § , -<
Defendants § o
ZE
f
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I have caused a copy of the Defendant Phillip Loy's Answer
and New Matter to Plaintiff's Complaint filed in the above-captioned matter to be served upon
the following person(s), by first-class mail, postage prepaid addressed as follows:
Caroline Loy
120 Bosler Avenue
Lemoyne, PA 17043
Meredeith Wooters, Esquire
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
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Date Allip J. L
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PHELAN HALLINAN, LLP
BY: JOSEPH P. SCHALK, ESQUIRE ATTORNEY FOR PLAINTIFF
Identification No: 91656
126 Locust Street
Harrisburg, PA 17101
Telephone: (215) 563-7000, Ext. 7354
WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS
3476 STATEVIEW BOULEVARD CUMBERLAND COUNTY,
FORT MILL, SC 297159 PENNA.
Plaintiff,
VS. Civil Division
CAROLINE C. LOY
A/K/A CAROLINE LOY `NO. 13-1755
PHILLIP J. LOY ,
A/K/A PHILLIP LOY ,
120 BOSLER AVENUE
LEMOYNE,PA 17043-1925,
Defendants
PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER
AND NOW COMES the Plaintiff, Wells Fargo Bank,N.A., by and through its attorney,
Joseph P. Schalk, Esquire, and hereby files the within Reply to New Matter of Defendant, Phillip J. Loy,
A/K/A Phillip Loy, and states as follows:
NEW MATTER
11. Plaintiff incorporates herein by reference the averments of paragraphs one (1)
through ten (10) of its Complaint as if set forth herein at length.
PHS#317661
12. Denied. Plaintiff is without information and/or knowledge sufficient to form a
belief as to the truth of the within averment.
13. Admitted. By way of further answer,the document attached to Defendant's New
Matter speaks for itself. By way of further answer,while the Marital Settlement Agreement is binding on
the Defendants, it has no impact or effect upon Plaintiff's rights to foreclose upon the Mortgage executed
by the Defendants. A copy of the Mortgage is attached hereto, made part hereof and marked as Exhibit
«A�,
14. Denied. Plaintiff is without information and/or knowledge sufficient to form a
belief as to the truth of the within averment.
15. Admitted. By way of further answer, the document speaks for itself. However,
divorce is not a proper defense to Plaintiffs Action in Mortgage Foreclosure, and while the Martial
Settlement Agreements provides that the Answer Defendant's Ex-Wife was required to refinance the home
and remove Husband's name from the Mortgage and all liability,that has not happened and Plaintiff is
proceeding with its rights against the property and has named all necessary parties as required by Pa.R.C.P.
1144.
16. Denied. The averment contained in paragraph sixteen(16) is denied as a conclusion
of law to which no response is necessary. To the extent that a response is required, Answering Defendant,
Phillip Loy, may have alternate rights against Co-Defendant, Caroline Loy, with respect to the Marital
Settlement Agreement, but those rights may not be exercised in Plaintiff's Action in Mortgage Foreclosure.
PHS#317661
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor and
against Defendant as requested in Plaintiffs Complaint.
Respectfully submitted,
PHELAN HALLINAN, LLP
Date: Z� I�i B
6 s h . Schalk, Esquire
Att me for Plaintiff
PHS#317661
VERIFICATION
Joseph P. Schalk, Esquire,hereby states that he is the attorney for the Plaintiff in this action, that he
is authorized to make this verification, and that the statements made in the foregoing Reply to New Matter
are true and correct to the best of his knowledge, information and belief.
The undersigned understands that this statement is made subject to the penalties of 18
Pa.C.S. §4904 relating to unsworn falsifications to authorities.
PHELAN HALLINAN, LLP
DATE: May 23, 2013 By:
os
h . Schalk, Esquire
'Os ey for Plaintiff
126 ocust Street
isburg, PA 17101
Telephone: 215-563-7000, Ext. 7365
PHS#317661
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ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY-PA
'931�flR 2�1 RM 9: ..47
(Space Above This Line For Recording Data]
MORTGAGE
J
THIS MORTGAGE("Security Instrument")is given on MARCH 22, 1993 The mortgagor is
Phillip J Lop AND Caroline C Lop, Husband and Wife
("Borrower").This Security Instrument is given to Hershey Bank
which is organized and existing under the laws of The United States of America and whose
address is 651 East Park Drive Springcreek Bus. Ctr.
Harrisburg, PA 17111 ("Lender").Borrower owes Lender the principal sum of
FORTY SEVEN THOUSAND FIVE HUNDRED AND 00/100
Dollars N.S. $ 47500.00 ).
This debt is evidenced by Borrower's note dated the same date as this Security Instrument("Note"),which provides for monthly
payments,with the full debt,if not paid earlier,due and payable on April 01, 2023 .This Security
Instrument secures to Lender.(a)the repayment of the debt evidenced by the Note,with interest,and all renewals,extensions and
modifications of the Note;(b)the payment of all other sums,with interest,advanced under paragraph 7 to protect the security of
this Security Instrument;and(c)the performance of Borrower's covenants and agreements under this Security Instrument and the
Note.For this purpose,Borrower does hereby mortgage,grant and convey to Lender the following described property located in
Cumberland County, Pennsylvania:
which has the address of 120 nosier Avenue, Lemoyne [Street,City].
Pennsylvania 17043 ("Property Address");
lZip Code] Form 3039 9/90
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT . Page 1 of 6 Amended 5191
IQ-6R(PA)(91o5) VMP MORTGAGE FORMS-(3t3)293-6100-(600)521.7261 Initials:eyi,
Bou 1122 Fact' 060
TOGEt'IfR WITH all the improvements now or hereafter erected on the property,and all casements,appurtenances,and
fixtures now or hereafter a part of the property.All replacements and additions shall also be covered by this Security Instrument.
All of the foregoing is referred to in this Security Instrument as the."Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage,
grant and convey the Property and that the Property is unencumbered,except for encumbrances of record.Borrower warrants and
will defend generally the title to the Property against all claims and demands,subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited
variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows:
1.Payment of Principal and Interest;Prepayment and Late Charges. Borrower shall promptly pay when due the
principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note.
2.Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender.Borrower shall pay to
Lender on the day monthly payments are due under the Note,until the Note is paid in full,a sum("Funds")for(a)yearly taxes
and assessments which may attain priority over this Security Instrument as alien on the Property;(b)yearly leasehold payments
or ground rents on the Property,if any;(c)yearly hazard or property insurance premiums;(d)yearly flood insurance premiums,if
any;(e)yearly mortgage insurance premiums,if any;and(f)any sums payable by Borrower to Lender,in accordance with the
provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums.These items are called "Escrow Items."
Lender may,at any time,collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related
mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as
amended from time to time,12 U.S.C.Section 2601 et seq. ("RESPA"),unless another law that applies to the Funds sets a lesser
amount. If so,Lender may,at any time,collect and hold Funds in an amount not to exceed the lesser amount.Lender may
estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or
otherwise in accordance with applicable law.
The Funds shall be held in an institution whose deposits are in by a federal agency,instrumentality,or entity(including
Lender,if Lender is such an institution)or in any Federal Home Loan Bank.Lender shall apply the Funds to pay the Escrow
Items.Lender may not charge Borrower for holding and applying the Funds,annually analyzing the escrow account,or verifying
the Escrow Items,unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge.
However,Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by
Lender in connection with this loan,unless applicable law provides otherwise.Unless an agreement is made or applicable law
requires interest to be paid,Lender shall not be required to pay Borrower any interest or earnings on the Funds.Borrower and
Lender may agree in writing,however,that interest shall be paid on the Funds.Lender shall give to Borrower,without charge,an
annual accounting of the Funds,showing credits and debits to the Funds and the purpose for which each debit to the Funds was
made.The Funds are pledged as additional security for all sums secured by this Security Instrument.
If the Funds held by Lender exceed the amounts permitted to be held by applicable law,Lender shall account to Borrower for
The excess Funds in accordance with the requirements of applicable law.if the amount of the Funds held by Lender at any time is
not sufficient to pay the Escrow Items when due,Lender may so notify Borrower in writing,and,in such case Borrower shall pay
to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve
monthly payments,at Lender's sole discretion.
Upon payment in full of all sums secured by this Security Instrument,Lender shall promptly refund to Borrower any Funds
held by Lender.If,under paragraph 21,Lender shall acquire or sell the Property,Lender,prior to the acquisition or sale of the
Property,shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this
Security Instrument
3.Application or Payments. Unless applicable law provides otherwise,all payments received by Lender under paragraphs
1 and 2 shall be applied: fast,to-any prepayment charges due under the Note;second,to amounts payable under paragraph 2;
third,to interest due;fourth,to principal due,and last,to any late charges due under the Note.
4.Charges;Liens. Borrower shall pay all taxes,assessments,charges, fines and impositions attributable to the Property
which may attain priority over this Security Instrument,and leasehold payments or ground rents,if any.Borrower shall pay these
obligations in the manner provided in paragraph 2,or if not paid in that manner,Borrower shall pay them on time directly to the
person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph.If
Borrower makes these payments directly.Borrower shall promptly furnish to Lender receipts evidencing the payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower.(a)agrees in
writing to the payment of the obligation secured by the lien in a manner acceptable to Lender;(b)contests in good faith the lien
by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the
enforcement of the Gen;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to
this Security Instrument.if Lender determines that any part of the Property is subject to a Gen which may attain priority over this
Security Instrument,Lender may give Borrower a notice identifying the lien.Borrower shall satisfy the lien or take one or more
of the actions set forth above within 10 days of the giving of notice.
Form 3039 9190
40•613(PA)(OfOS) Page 2of8 In111aN: RJL
® Cr
9OOK 1122 PACE J61
S.Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property
insured against loss by fur,hazards included within the term "extended coverage"and any other hazards,including floods or
flooding,for which Lender requires insurance.This insurance shall be maintained in the amounts and for the periods that Lender
requires.The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not
be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain
coverage to protect Lender's rights in the Property in accordance with paragraph 7.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause.Lender shall
have the right to hold the policies and renewals.If Lender requires,Borrower shall promptly give to Lender all receipts of paid
premiums and renewal notices.In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender.Lender
may make proof of loss if not made promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the
Property damaged,if the restoration or repair is economically feasible and Lender's security is not lessened.If the restoration or
repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums
secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the
Property,or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim,then
Lender may collect the insurance proceeds.Lender may use the proceeds to repair or restore the Property or to pay sums secured
by this Security Instrument,whether or not then due.The 30-day period will begin when the notice is given.
Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone
the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments.If under paragraph
21 the Property is acquired by Lender,Borrower's right to any insurance policies and proceeds resulting from damage to the
Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately
prior to the acquisition.
6.Occupancy,Preservation,Maintenance and Protection of the Property; Borrower's Loan Application;Leaseholds.
Borrower shall occupy,establish,and use the Property as Borrower's principal residence within sixty days after the execution of
this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the
date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld,or unless
extenuating circumstances exist which are beyond Borrower's control.Borrower shall not destroy,damage or impair the Property,
allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or
proceeding,whether civil or criminal,is begun that in Lender's good faith judgment could result in forfeiture of the Property or
otherwise materially impair the lien created by this Security Instrument or Lender's security interest.Borrower may cure such a
default and reinstate,as provided in paragraph 18,by causing the action or proceeding to be dismissed with a ruling that,in
Lender's good faith determination,precludes forfeiture of the Borrower's interest in the Property or other material impairment of
the lien created by this Security Instrument or Lender's security interest.Borrower shall also be in default if Borrower,during the
loan application process,gave materially false or inaccurate information or statements to lender(or failed to provide Lender with
any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations
concerning Borrower's occupancy of the Property as a principal residence.If this Security Instrument is on a leasehold,Borrower
shall comply with all the provisions of the lease.If Borrower acquires fee title to the Property,the leasehold and the fee title shall
not merge unless Lender agrees to the merger in writing.
7.Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in
this Security Instrument,or there is a legal proceeding that may significantly affect Lender's rights in the Property(such as a
proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay
for whatever is necessary to protect the value of the Property and Lender's rights in the Property.Lender's actions may include
paying any sums secured by a lien which has priority over this" Security Instrument,appearing in court,paying reasonable
attorneys'fees and entering on the Property to make repairs.Although Lender may take action under this paragraph 7,Lender
does not have to do so.
Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security
Instrument. Unless Borrower and Lender agree to other terms of payment,these amounts shall bear interest from the date of
disbursement at the Note rate and shall be payable,with interest,upon notice from Lender to Borrower requesting payment.
S.Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security
Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the
mortgage insurance coverage required by Lender lapses or ceases:to be in effect,Borrower shall pay the premiums required to
obtain coverage substantially equivalent to the mortgage insurance previously in effect,at a cost substantially equivalent to the
cost to Borrower of the mortgage insurance previously in effect,from an alternate mortgage insurer approved by Lender. If
substantially equivalent mortgage insurance coverage is not available,Borrower shall pay to Lender each month a sum equal to
one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to
be in effecL Lender will accept,use and retain these payments as a loss reserve in lieu of mortgage insurance.Loss reserve
Form 3039 9190
4W 6R(PA)t9rosl P.O.3 of wuaw JL
cc
BOOK 1122 PAGE 062
l -
payments may no longer be required,at the option of Lender,if mortgage insurance coverage(in the amount and for the period
that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained.Borrower shall pay the
premiums required to maintain mortgage insurance in effect,or to provide a loss reserve,until the requirement for mortgage
insurance ends in accordance with any written agreement between Borrower and Lender or applicable law.
9.Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property.Lender shall give
Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
10.Condemnation. The proceeds of any award or claim for damages,direct or consequential,in connection with any
condemnation or other taking of any part of the Property,or for conveyance in lieu of condemnation,are hereby assigned and
shall be paid to Lender.
In the event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Security Instrument,
whether or not then due,with any excess paid to Borrower.In the event of a partial taking of the Property in which the fair
market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this
Security Instrument immediately before the taking,unless Borrower and Lender otherwise agree in writing,the sums secured by
this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount
of the sums secured immediately before the taking,divided by(b)the fair market value of the Property immediately before the
taking.Any balance shall be paid to Borrower.In the event of a partial taking of the Property in which the fair market value of
the Property immediately before the taking is less than the amount of the sums secured immediately before the taking,unless
Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides,the proceeds shall be applied to the
sums secured by this Security Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower,or if,after notice by Lender to Borrower that the condemnor offers to make an
award or settle a claim for damages,Borrower fails to respond to Lender within 30 days after the date the notice is given,Lender
is authorized to collect and apply the proceeds,at its option,either to restoration or repair of the Property or to the sums secured
by this Security Instrument,whether or not then due.
Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone
the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments.
11.Borrower Not Released;Forbearance By Lender Not a Waiver. Extension of the time for payment or modification
of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall
not operate to release the liability of the original Borrower or Borrower's successors in interest.Lender shall not be required to
commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of
the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors
in interest.Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any
right or remedy.
12.Successors and Assigns Bound;Joint and Several Liability;Co-signers.The covenants and agreements of this
Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower,subject to the provisions of
paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security
Instrument but does not execute the Note: (a)is co-signing this Security Instrument only to mortgage,grant and convey that
Borrower's interest in the Property under the terms of this Security Instrument;(b)is not personally obligated to pay the sums
secured by this Security Instrument;and(c)agrees that Lender and any other Borrower may agree to extend,modify,forbear or
make any accommodations with regard to the terms of this Security Inswment or die Note without that Borrower's consent.
13.Lose Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges,
and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the 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 Borrower which exceeded permitted limits will be refunded to Borrower.
Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to
Borrower. If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge
under the Note.
14.Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it
by first class mail unless applicable law requires use of another method.The notice shall be directed to the Property Address or
any other address Borrower designates by notice to Lender.Any notice to Lender shall be given by first class mail to Lender's
address stated herein or any other address Lender designates by notice to Borrower.Any notice provided for in this Security
Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph.
15.Governing Law;Severability. This Security Instrument shall be governed by federal law and the law of the
jurisdiction in which the Property is located.In the event that any provision or clause of this Security Instrument or the Note
conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be
given effect without the conflicting provision.To this end the provisions of this Security Instrument and the Note are declared to
be severable.
Form 3039 9190
®•6R(PA)eotas1 Papa 4 u16 enmw: JL
m
BOOK 1122 PAGE 063
16.Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
'17.Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is
sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without
Lender's prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security
Instrument However,this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this
Security Instrument.
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 delivered or mailed within which Borrower must pay all sums secured by this Security
Instrument.If Borrower fails to pay these sums prior to We expiration of this period,Lender may invoke any remedies permitted
by this Security Instrument without further notice or demand on Borrower.
19.Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have
enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as
applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security
Instrument:or(b)entry of a judgment enforcing this Security Instrument.Those conditions are that Borrower:(a)pays Lender all
sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred;(b)cures any
default of any other covenants or agreements;(c)pays all expenses incurred in enforcing this Security Instrument,including,but
not limited to,reasonable attorneys'fees;and(d)takes such action as Lender may reasonably require to assure that the lien of this
Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security
Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured
hereby shall remain fully effective as if no acceleration had occurred.However,this right to reinstate shall not apply in the case of
acceleration under paragraph 17.
19.Sale of Note;Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security
Instrument)may be sold one or more times without prior notice to Borrower.A sale may result in a change in the entity(known
as the"Loan Servicer")that collects monthly payments due under the Note and this Security Instrument.7bere also may be one or
more changes of the Loan Servicer unrelated to a sale of the Note.If there is a change of the Loan Servicer,Borrower will be
given written notice of the change in accordance with paragraph 14 above and applicable law.The notice will state the name and
address of the new Loan Servicer and the address to which payments should be made.The notice will also contain any other
information required by applicable law.
20.Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
Hazardous Substances on or in the Property.Borrower shall not do,nor allow anyone else to do,anything affecting the Property
that is in violation of any Environmental Law.The preceding two sentences shall not apply to the presence,use,or storage on the
Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses
and to maintenance of the Property.
Borrower shall promptly give Lender written notice of any investigation,claim,demand, lawsuit or other action by any
governmental or regulatory agency or private parry involving the Property and any Hazardous Substance or Environmental Law
of which Borrower has actual knowledge.If Borrower learns,or is notified by any governmental or regulatory authority,that any
removal or other remediation of any Hazardous Substance affecting the Property is necessary.Borrower shall promptly take all
necessary remedial actions in accordance with Environmental Law.
As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by
Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic
pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials.As used in
this paragraph 20,"Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate
to health,safety or environmental protection.
NON-UNIFORM COVENANTS.Borrower and Lender further covenant and agree as follows:
21.Acceleration;Remedies.Lender shall give notice to Borrower prior to acceleration following Borrower's breach of
any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless
applicable law provides otherwise).Lender shall notify Borrower of,among other things: (a)the default;(b)the action
required to cure the default;(c)when the default must be cured;and(d)that failure to cure the default as specified may
result in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the
Property.Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the
foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure.If
the default is not cured as specified,Lender,at its option,may-require immediate payment In full of all sums secured by
this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding.
Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21,including,
but not limited to,attorneys'fees and costs of title evidence to the extent permitted by applicable law.
22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate
conveyed shall terminate and become void.After such occurrence,Lender shall discharge and satisfy this Security Instrument
without charge to Borrower.Borrower shall pay any recordation costs.
23.Waivers. Borrower,to the extent permitted by applicable law,waives and releases any error or defects in proceedings to
enforce this Security Instrument,and hereby waives the benefit of any present or future laws providing for stay of execution,
extension of time,exemption from aunchment,levy and sale,and homestead exemption.
Form 3039 9190
40 6R(PA)t91051 v.o.sma inner.: Jim
CCU,
Boon U22 Pact 064
24.Reinstatement Period. Borrower's firm to reinstate provided in paragraph 18 shall extend to one hour prior to the
commencement of bidding at a sheriffs sale or other sale purmuant to this Security Instrument.
25.Purchase Money Mortgage. If any of the debt segued by this Security Instrument is lent to Borrower to acquire title
to Ihe'Property,this Security Instrument shall be a purchase money mortgage.
26.Interest Rate After Judgement. Borrower agrees that the interest rate payable after a judgment is enteral on the Note
or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note.
27.Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this
Security Instrument,the covenants and agreements of each much rider shall be incorporated into and shall amend and supplement
the covenants and Agreements-of this Security Instruments as if the rider(s)were a part of this Security Instrument.
[Chock applicable box(es)]
'
Adjustable Rate Rider Condominium Rider 1.4 Family Rider
Graduated Payment Rider Planned Unit Development Rider ❑ Biweekly Payment Rider
Balloon Rider Rate Improvement Rider a Second Home Rider
V.A.Rider Other(r)[specify]
BY SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any
rider(s)executed by Borrower and recorded with it.
Witnesses:
1 -) � (Seal)
Phillip 6 Loy -Borrower
o 14 (Seal)
Caroline C Loy -Borrower
(Seal)
-Borrower
(Seal)
-Borrower-
Certificate of Residence
1, Susan Hall ,do hereby certify that the correct address of
the within-named Mortgagee is 651 E Park Drive, Harrisburg, PA 17111
Witness my hand this 22nd day of March 1 1993
�1
Su+3an Hall 00 Agent of Mortgagee
COMMONWEALTH OF PENNSYLVANIA, County ss:
�d
On this,the day of ��N(i� 1993 ,before me,the undersigned officer,
personally appeared
known to me(or satisfactorily proven)to be the
person 5 whose names q✓_subscribed to the within instrument and acknowledged that fi
executed the same for the purposes herein contained. /
IN WITNESS WHEREOF,I hereunto set my hand and official seal.
My Commission Expires:
^.(i 1•t.' -. ..� :-�S•�>",
NOTARL4 SEAL Rcer tj,�'4"`';? i' `{s girl•
JAYNE 1t BRINKLEY NffAn +a�
IURRISgURG UDA PWt
lty OOIMMISSION EXM PA
Rre6ofe
BOOK 1 122 FACE X65
PNCMC•1006R6PA Rev.2/97
E
EXHIBIT A
ALL THAT CERTAIN house and lot of ground situate in the
Borough of Lemoyne, Cumberland County, Pennsylvania, bounded and
described as follows, to wit:
BEGINNING at a point in the middle of the line on Bosler
Avenue of Lot No. 95, Section B, as laid out on Plan No. 1,
Riverton, Pennsylvania, duly recorded in the Recorder of Deeds
Office in and for Cumberland County., in Deed Book J, Volume 4, page
40; thence through the middle of said Lot No. 95 and through the
center of the partition wall of the double house erected on said
Lot No. 95 in a southerly direction 150 feet to Apple Alley;
thence in an easterly direction along said Apple Alley 17 feet 6
inches to a point on the line dividing said Lot No. 95 from the
adjoining Lot No. 96 of said Plan; - thence along the line dividing
the said lots in a northerly direction 150 feet to a point on
Bosler Avenue, and thence along said Bosler Avenue 17 feet 6 inch-
es westerly to the place of .BEGINNING.
BEING THE SAME PREMISES - which William Lewis Arnold and
Margaret Ella Stuckey, Co-Exe ors of the Esta
cu te of Mary P. Ar-
nold, by their deed dated re /9 and intended to be
recorded immediately prior hereto in the OfTice of the Recorder of
Deeds in and for Cumberland County, Pennsylvania, granted and
conveyed unto Phillip J. Loy and Caroline C_ Loy, husband and
wife, Mortgagors herein.
�1.J
State of Pennsylvania 2 5S
County of Cumberland f di of Dveda
Rocorded in the offioa for the recor rt9 ,F, n: Y;�`sr• ' �+�;
and for j, borland CountY P�a�.�
Book A wit a�my hand anal di office 9��f z�• v,�"
Carlisle,FA this IE .
661122 PAGE
r
PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF
BY: JOSEPH P. SCHALK, ESQUIRE
Identification No: 91656
126 Locust Street
Harrisburg, PA 17101
Telephone: (215) 563-7000 Ext. 7354
WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS
3476 STATEVIEW BOULEVARD CUMBERLAND COUNTY, PENNA.
FORT MILL, SC 29715,
Plaintiff,
Civil Division
VS.
CAROLINE C. LOY NO. 13-1755
A/K/A CAROLINE LOY ,
PHILLIP J. LOY ,
A/K/A PHILLIP LOY
120 BOSLER AVENUE
LEMOYNE,PA 17043-1925,
Defendants
CERTIFICATE OF SERVICE
I certify that a true and correct copy of Plaintiff's Reply to Defendants'New Matter was
sent via first class mail to the person(s) listed below on the date indicated:
PHILLIP C. LOY, PRO SE CAROLINE C. LOY, PRO SE
315 9TH STREET 120 BOSLER AVENUE
NEW CUMBERLAND, PA 17070 LEMOYNE, PA 17043
DATE: May 23, 2013
se h P chalk, Esquire
Attor ey for Plaintiff
PHS#317661
fi
OF
TF; 0 -14
COUN�y
YL Vi NIA
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 Term
VS.
CAROLINE C. LOY No.2013-1755-CIVIL
A/K/A CAROLINE LOY
PHILLIP J. LOY Cumberland County
A/K/A PHILLIP LOY
120 BOSLER AVENUE
LEMOYNE,PA 17043-1925
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 April 4, 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 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 11,2013,Plaintiff completed service of the Complaint in Mortgage
Foreclosure along with service of the Cumberland County Residential mortgage Foreclosure
Diversion Program Notice for the Defendant Caroline C. Loy. A true and correct copy of the
317661
c
a
Affidavit of Service is attached hereto,made part hereof and marked as Exhibit B.
3. On April 15,2013,Plaintiff completed service of the Complaint in Mortgage
Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure
Diversion Program Notice for the Defendant Phillip J. Loy. A true and correct copy of the
Affidavit of Service is attached hereto,made part hereof and marked as Exhibit B.
4. 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.
5. 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.
6. 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.
7. Defendants failed to opt into the Cumberland County Residential Mortgage
Foreclosure Diversion Program within sixty(60)days of service.
8. Since Defendants opted not to participate in the Diversion Program,it is
appropriate for the stay to be lifted.
1
317661
e
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 HALLIN , LLP
Date: (p BY:
se h P chalk,Esquire
Atto ey for Plaintiff
317661
Exhibit A
Supreme Court of Pennsylvania
Cour Com Pleas
For Prothonotary Ilse Only:
Itg�n, et
C County Docket No: os
The iq orniation collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court.
S Commencement of Action:
D Complaint ❑ Writ of Summons ❑ Petition
E ❑Transfer from Another Jurisdiction ❑Declaration of Taking
C Lead Plaintiff's Name: WELLS FARGO BANK,N.A. Lead Defendant's Name: CAROLINE C. LOY A/K/A
T CAROLINE LOY
I Are money damages requested? ❑ Yes l@ No Dollar Amount Requested: ❑ within arbitration limits
O (Check one) O outside arbitration limits
N is this a Class Action Suit? ❑ Yes 9 No Is this an MDJ Appeal? ❑ Yes 0 No
A Name of Plaintiff/Appellant's Attorney: Meredith Wooters,Esq.,Id.No.307207,Phelan Hallinan,LLP
❑ Check here if you have no attorney (are a Self-Represented [Pro Sel 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 include Judgments) 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/Libel/Defamation Discrimination
E ❑Other: ❑Employment Dispute:Other ❑Zoning Board
C ❑Other:
T
I MASS TORT 0 Other:
O ❑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
0 Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABILITY 0 Mortgage Foreclosure:Commercial ❑Quo Warranto
• Dental ❑ Partition ❑ Replevin
•Legal ❑Quiet Title ❑Other:
• Medical ❑Other:
❑Other Professional:
Pa.R.C.P. 205.5 Updated 01/01/2011
NH APR -4 ASR 10: 3l►
GUM- y
f �L
PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF
Meredith Wooters, Esq., Id. No.307207
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.:
vs.
CAROLINE C. LOY
A/KJA CAROLINE LOY
PHILLIP J. LOY
AWA PHILLIP LOY
120 BOSLER AVENUE
LEMOYNE, PA 17043-1925
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 STATE yxw
BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff').
062-PA-V3 " y}
2. The Defendants, LOY, CAROLINE C. A/K/A LOY, CAROLINE and LOY,
PHILLIP J. A/K/A'LOY, PHILLIP, are individuals whose last known address are 120 BOSLER
AVENUE, LEMOYNE, PA 17043-1925,
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 March 22, 1993, CAROLINE C. LOY and PHILLIP J. LOY made,
executed and delivered to HERSHEY BANK a Mortgage in the original principal amount of
$47,500.00 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 1122, Page 960.-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. By Assignment of Mortgage recorded April 17,
2007, the mortgage was assigned to WELLS FARGO BANK, NA which Assignment is
recorded in the Office of the Recorder of CUMBERLAND County in Book 0736, Page 0394.
The Assignment 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.
6. CAROLINE C. LOY A/K/A CAROLINE LOY is the record and real owner 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 November 1, 2012,
062-PA-V3
8, As of 03%07/2013 the amount due and owing Plaintiff on the mortgage is as
follows:
Principal Balance $ 27,320.19
Interest
10/01/2012 Through 03/07/2013 $ 857.86
Late Charges $'32.40
Property Inspections $ 30.00
Escrow Deficit $ 65.25
Suspense Balance ($2.88)
TOTAL $ 28,302.82
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$ 28,302.82 with interest thereon plus additional costs(including additional
escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the
mortgaged premises.
l a �3 By. UPMAA "hi
Date: Meredith ooters, sq., Id. No.307207
Attorney for Plaintiff
062-PA-V3
Exhibit "A"
ADJUSTABLE RATE NOTE
aABOR Six-Month Index(As Published In Tire Wall Street Jouma$-Rate Caps)
THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY
MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT
ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY.
September 19, 2006 Irvine California
l�+sl ..ICroI (Baal
59 SIiMICIR ST, PITTSBURGH, PA 15214
PlrWC y Addreul
I. BORROVIEWS PROMISE TO PAY
In return for a loan that I have received.I promise to pay U.S.$65,600.00 (this amount is called ;
'Principal"),plus intaest,to the order of Lender.Lender is BBC MORTGAAB, INC.., A DSLAl4= CORPORATION
I will matte all payments under ibis Note in the form of cash,check or=ucy order.
I understand that Lender may transfer this Note.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 he charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a
yearty rate of 10.050%.The interest rate I will pay may change in accordance with Section 4 of this Note. ;
Ile interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any
default described in Section 7(B)of this Note.
3. PAYMENTS
(A)Time and Place of Payments
I will pay principal and interest by making a paymeal every month.
1 will make my monthly payments on the first day of each mouth beginning on November 1, 2006
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 dire date and will
be applied to Interest before Principal.If,on October 1, 2036 ,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 rhake my monthly payments at OOMC, Attn:Payment Processing, P.O. Box 44042,
Jacksonville, FL. 32231-4042
or at a different place If required by the Note Holder.
(B)Amount of My Initial Monthly Payments
Each of my initial monthly payments will be in the amount of U.S.3 570.12 This amount '
may change.
(C)Monthly Payment Changes
Changes In my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I
must pay. Ile Note Holder will determine my new interest rate and the changed amount of my monthly payment in ;
accordance with Section 4 of this Note.
PZT003068
MULTISTATE ADJUSTABLE RATE NOTE-LIBOR SIX-MONTH INDEX(AS PUBLISHED IN THE WALL STREET JOL(AWLI
Sinals FemaY•Ennis Not UNIFORM INSTRUMENT
83ON=m Form 3520 1101
VMP AOCRTGAOr FORMS•ta0O1621.1201
►gyp,1 d• hiW1:j .
I
� 1
4. INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A)Change Dates -
The interest rate 1 will pay may change on the first day of October, 2006 ,and on tint day every
6th month thereafter.Each date on which my interest rate could change is called a"Change Date.' '
(8)The Index
Beginning with the first Change Date, my interest rate will be based on an Index. TLe "ladex` is the average of
interbank offered rata for six month U.S,dollar-denominated deposits in the London market('LIBOR*),as published in ;
7he Wall Sind Joumal. The most reoent Index figure available as of the first business day of the month immediately
preceding the month in which the Mange Date occurs is called the"Current Index."
If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable
information.The Note Holder will give me notice of this choice.
(C)Calculation of Changes
Before each Change Date,the Note Holder will calculate my new interest rate by adding Five And 950/1000 ;
percentage points( 5.950%)to the Current
Index. The Note Holder will then round the result of this addition to the unrest onaelghth of one petoemage point
(0.125%).Subject to the limits stated in Section 4(D)below,this rounded amount will be ray new interest rate until the next
Change Date. ;
The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid
principal that I am wtpocted to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially
equal payments,The result of this calculation will be the new amount of my monthly payment.
(D)Limits on Interest Rate Changes
The intaest rate I am required to pay at the first Change Date will not be greater than 13.050%
or less than 10.050%,Thereafter,my interest rate will never be increased or decreased on any single
Change Date by more than one percentage point(s)( 1.000 %)
from the rate of interest I have been paying for the preceding 6 months. My interest rate will never be greater
than 17.050 0/*,or less than 10.00 V&
(E)Effective Date or Changes
My new interest rate will become effective on each Change Date.1 will pay the amount of my new thanthly payment
beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again.
(F)Notice of Changes
The Note Holder will deliver or snail to me a notice of any changes in my interest rate and the amount of my monthly ;
payment before the effective date of any change.The notice will include information required by law to be given to me and
also the title and telephone number of a person who will answer any question I may have regarding the notice.
5. BORROWER'S[LIGHT TO PREPAY ** See attached Prepayment Addendum.
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 Prepaym mL 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 this Note.
I may make a full Prepayment or partial Prepayments without paying any Prepayment charge.'Ilse 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 annum before applying my Prepayment to reduce the
Principal amount of this Note. If I make a partial Prepayment,there will be no changes in the due dates of my monthly
payments unless the Note Holder agrees is writing to those changes.My partial Prepayment may reduce the amount of my
monthly payments after the.first Change Date following my partial Prepayment.However,any reduction due to my partial
Prepayment may be offset by an interest rate increase.
6. LOAN CHARGES
If a law,which applies to this loan and which sas maximum loan charges,is finally interpreted so that the interest or
other loan charges collected or to be collected it cotmection 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 that exceeded pernitted limits will be refunded to me.The Note Holder gray 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 a,a pattial.Prepaymemt.
PI7003068 ;
form 38miloi
(Q-838N letm Nay r a A Y�gNr....�I-A
C:
t
I
7. BORROWER'S FAILURE TO PAY AS REQUUM
• (A)Tate Charges for Overdue Payments
If the Note Holder has not received the full amount of any monthly payrdent by the end of 15
calendar days after the date it is due, I will pay a late charge to the Note Holder. 'Ilse amount of the charge will be
5 %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 that 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 mallet to ;
me or delivered by other means.
(D)No Watver By Note holder
Even if,at a time when I am in default,the Note Bolder does not require the 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 ore to pay immediately in full as described above,the dote 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.
S. 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 the at the Property Address above or at a different address if I give the
Note Holder a notice of my different address.
Unless the Note Holder requires a different method,any notice that must be given to the Note Holder under this Note
will be given 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.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note,each person is My and.pereothauy obligated to kekp all of the promises made
to 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 tinder this Note,
10.WAIYEBS
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 am amounts due have not been paid.
11.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 Mortgatge,Deed of Trust,or Security Deed(the'Security In6tranent`),dated the same i
date as this Note,protects the Note Holder from possible losses that might result if I do nor keep the promise that I make in
this Note.That Security Instrument describes how and under what conditions I may be required to melee irmnediste paymax
in full of all amounts I owe under this Note.Some of those conditions road as follows:
,
,
,
PIT003068
form 67p trot '
d&898N tom,q era•m a. 11
i
i
Transfer of the Property or a Beneficial Interest in Borrower.As used in this Section 18, "Interest in the
Property" means any legal or beneficial interest in the Property,including, but not limited to,those beneficial
interests transferred in a bond for deed,contract for dad, installment sales contract or escrow agreement, the
intent of which is the transfer of title by Borrower at a future date to a purchaser.
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 transfenod)without Lender's prior written►consent.
Lender may require Intmediate payment in full of all sums secured by this Security instrument. However, this
option shall cot be exercised by Lender if such exercise is prohibited by Applicable Law.Lender also shall not
exercise this option if:(a)Borrower causes to be submitted to Lender information required by Leader to evaluate
the intended transferee as if a new loan were being made to the ttansf era:and(b)Linder reasonably detetmimea
that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or
agreement in this Security instrument is aowptable to Lender.
To the extent permitted by Applicable Law,Leader may charge a reasonable fee as a condition to Lender's
consent to the loan assumption. Leader also may require the transferee to sign an assumption agiceme tt that is
acceptable to Lender and that obligates the transfe7•ee to laeep all the promises and agreements made in the Note
and in this.Socurity Instrument. Borrower will continue to be obligated under the Note and this Security
Instrument unless Leader releases Borrower in writing.
If L mdcr mrcism the option to require immediate payment iu full, Leader 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 seamed by this Seatrity Instrunteot. If
Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies petmined
by this Security Instrument without further notice or demand on Borrower.
WITNESS THE HAND(S)AND SEAL4S)OF THE UNDERSIGNED. i
(Seal)
(Seal) ,
FRIJDZWE S. MYERS .Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
.Borrower •Borrower i
1 '
(Seat) (seal)
-Borrower -Borrower '
(Sign Original Only]
PrT003069
�838N to2ra rpr eof♦ Form 3520 1101
1 ;
w 4=P-
APLICATION NUhf§ER: P'
BORROWERS NAME: MYERS,PRUDENCE S
BORROWERS ADDRESS: 54 SEMICIR ST
PITTSBURGH,PA 15214
ALLONGF,IQ NOTE
PAY TO THE ORDER OR '
W 0 , REC E Bb MORTG&GL INC. i
i
LOBES MARTNEZ
ASST.VICE PRESIDENT
• f �
;
�!r 'RIM, Loan No.: PIT003!
ADDENDUM TO NOTE '
PREPAYMENT PENALTY CHARGE
THIS payment Penalty Addendum is trade this Tuesday of September 19,2006,aid is incorporated into
and shell be deemed to amerce]and supplement(i)that certain Mortgage,Deed of Thrat or Security Deed(the
"Security luerturene) of the some date given by the Borrower, as tauter or mortgagor, in favor of BNC
MORTGAGE,INC.,A DTLAWARE CORPORATION
("[ender'),as beneficiary or mortgagee,and(a)that certain promissory note(the"Note")of the sate date executed
by Borrower in favor of Leader.fo the extent that the provisions of this prepayment Addendum(the"Addatdtmt"}
are iatxroslstent with the provisions of the Security Imtntmaent"Wor the Note,the provtmoms of this Prepayment
Note shall prevail over and shall supersede any such inconsistent provisions of the Security Instrument std/or the
Note.
For value received,the receipt and suff oiaacy of which are hereby adaiawledged,Section 5 of the Note is amended
to read in its entirety as follows:
"S.BORROWERS RIGHT TO PREPAY,PREPAYWNT CHARGE
I have the right to make paymcats of Prind 11 at any time before the are due.A payment of,
Principal only is known as a'Prepayment."When I stake a Prepayment,I will tell the Note Holder to
wtitmg that I am doing ao.I may not designate a payment as a Prepayment if I have tat made all the
monthly payttents due under the Note.
If t make a partial Prepayment,there will be no changes in the due date or in the amount of my
monthly payment uatesa the Note Holder agrees in writing to those changes.
If within Twenty-four.(24)months after the date of execution of the Security IrOtnunent{as
defined below)I make a full Prepayment or partial Prepsymettt(s),I will at the same time pay to the
Note Holder a Prepayment charge equal to six(6)months'advance interest on the amount of the
Prepayment that,when added to all other amounts prepaid during the 12-month period immediately i
preceding the date of the Prepayment,exceeds twenty percent(20%)of the original Principal amount
of this Note."
By signing below,I(We)accept and agree to the tam and covenants contained in this Prepayment Penalty
Addendum.
/ 1M
Borrower Borrower
PRUDENCE S.MYERS
Borrower Borrower
I
Borrower Borrower
Borrower Borrower
PM03068
"WSCRt ,
Exhibit "B"
LEGAL DESCRIPTION
ALL that certain lot or piece of ground situate in the twenty-sixth ward of the City of Pittsburgh,
County of Allegheny, Commonwealth of Pennsylvania, being Lots Nos 10 and 11 in the
Elizabeth C. Kreiling Plan of Lots,of record in the Recorder of Deeds Office of Allegheny
County in Plan Book Volume 9,pages 54 and 55.
BEING designated as Block&Lot: 115-H-314
PROPERTY ADDRESS: 59 SEMICIR STREET,PITTSBURGH, PA 15214-1833
PARCEL#0115-H-003140000-00
File#: 256335
VERIFICATION
Denise Goldston, hereby states that he seh is Vice President Loan Documentation
'of WELLS FARGO BANK, N.A., plaintiff in this-matter, that heess e ' authorized to
make this Verification, and verify that the statements made in the foregoing Civil Action
in Mortgage Foreclosure are true and correct to the best of hi er formation 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: Denise Goldston
Title: Vice President Loan Documentation
Company: Wells Fargo Bank,N.A.
Date: 03/27/2013
i
086-PA-V2 File#317661
FORM 1
IN THE COURT OF COMMON PLEAS
WELLS FARGO BANK,N.A. OF CUMBERLAND COUNTY,PENNSYLVANIA
Plaintiff(s)
c*A
vs. --?
.*
�
CAROLINE C. LOY A/K/A CAROLINE LOY
PHILLIP J. LOY A/K/A PHILLIP LOY '''",3
13 I ASS
Defendant(s) Civil ~± y
,dam
NOTICE OF RESIDENTIAL MORTGAGE FORECL
DIVERSION PROGRAM '' w J'
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 Meredith Wooters,Esq.,Id.
No.307207
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:
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, 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):
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 a Food
2"d 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 Money
Da /Child.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)
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): Phone:
Servicing Company(Name):
Contact: Phone:
1/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 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)
�. Listing agreement(if property is currently on the market)
Exhibit B
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
��nto tt Eatiap��
Jody S Smith e
Chief OepDV
Richard W Stewart 4
Solicitor oxFCE of Tk s srM. FG
Wells Fargo Bank,NA
vs. Case Number
Caroline C.Loy(et al.) 2013-1755
SHERIFF'S RETURN OF SERVICE
04111/2013 07:09 PM-Deputy Ryan Burgett,being duly sworn according to law,served the requested Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by
"personally"handing a true copy to a person representing themselves to be the Defendant,to wit:
Caroline C.Loy at 120 Bosler Avenue, Lemoyne Borough,Lemoyne,PA 17043.
RYAN BURGETT,DEPU
04/15/2013 04:38 PM-Deputy Shawn Gutshall,being duly sworn according to law,served the requested Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing
a true copy to a person representing themselves to be Maria Faux,Girlfriend of defendant,who accepted
as"Adult Person in Charge"for Philip Loy at 315 9th Street,New Cumberland Borough,New
Cumberland,PA 17070.
;MALL,
SHERIFF COST:$77.00 SO ANSWERS,
1
April 16.2013 RON R ANDERSON,SHERIFF
t
te/CantySuae srtantr,7eteosett Inc
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 Civil Division
FORT MILL, SC 29715
Plaintiff Term
VS. No.2013-1755-CIVIL
CAROLINE C.LOY Cumberland County
A/K/A CAROLINE LOY
PHILLIP J.LOY
A/K/A PHILLIP LOY
120 BOSLER AVENUE
LEMOYNE,PA 17043-1925
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:
CAROLINE C.LOY PHILLIP J.LOY
120 BOSLER AVENUE 315 0"' STREET
LEMOYNE,PA 17043-1925 NEW CUMBERLAND,PA 17070-1305
Date: Co 11, B
*osph Schalk,Esquire
S
mey for Plaintiff
317661
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 Term
vs.
No.2013-1755-CIVIL,
CAROLINE C. LOY
A/K/A CAROLINE LOY Cumberland County
PHILLIP J. LOY
A/K/A PHILLIP LOY
120 BOSLER AVENUE
LEMOYNE,PA 17043-1925
Defendants
ORDER
AND NOW,this day of qV"A- , 2013, upon consideration of
Plaintiffs 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
Z�
..CD N }
. "\ 'rr.• �J .
317661
cc: Caroline C.Loy and Phillip J.Loy
Joseph P. Schalk,Esq., Id.No. 91656
Attorney for Plaintiff
HELAN HALLINAN,LLP
Joseph P. Schalk,Esq.,Id.No. 91656
126 Locust Street
Harrisburg,PA 17101
215-563-7000
�C<AROLINE C. LOY
120 BOSLER AVENUE
LEMOYNE,PA 17043-1925
',,-�ILLIP J. LOY
315 9TH STREET
NEW CUMBERLAND, PA 17070-1305
G� a�f!3
317661
•
2013 NOV 20 Ate 10: 43
CUMBERLAND COU'4 1'-Y
PENNSYLVANIA'
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
CAROLINE C.LOY
A/K/A CAROLINE LOY No.13-1755
PHILLIP J.LOY
A/K/A PHILLIP LOY
Defendant(s)
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:_ 1/////7 PHELAN - �i L I AN,LLP
By:
Joh 'ichael Kolesnik,Esq.,Id.No.308877
Attorney for Plaintiff
PH#811419
•
•
•
•
•
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
CAROLINE C.LOY
A/K/A CAROLINE LOY No.13-1755
PHILLIP J.LOY
A/K/A PHILLIP LOY
Defendant(s)
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:
CAROLINE C.LOY
A/K/A CAROLINE LOY
120 BOSLER AVENUE
LEMOYNE,PA 17043-1925
PHILLIP J.LOY
A/K/A PHILLIP LOY
315 9TH ST
NEW CUMBERLAND,PA 17070-1305
Date: /00.7 PHELAN r INAN,LLP
By:
Joh ichael Kolesnik,Esq.,Id.No.308877
Attorney for Plaintiff