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HomeMy WebLinkAbout13-2112 Supreme Court.of Pennsylvania Court off'f T Tm�N Pleas For Prothonotary se Only: Civil'Cdvef,Sheet ry y CUMBERTl°ANDS County Docket No: y The information 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: O 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: JESSE L.TRESSLER T I Are money damages requested? ❑ Yes ❑ No Dollar Amount Requested: El within arbitration limits U (Check one) Z outside arbitration limits N Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJ Appeal? ❑ Yes 2 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 ❑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 ®Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Partition ❑ Replevin ❑ Dental ❑ Quiet Title ❑ Other: ❑ Legal ❑ Other: ❑Medical ❑ Other Professional: Pa.R.C.P. 205.5 Updated 01/01/2011 Th0iib TAR r' 3 A PR 10: 3 CUMBERLAND COUNTY PENNSYLVANIA 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 Cpl U!I Plaintiff, NO.: Y3-moo 1 vs. JESSE L. TRESSLER 177 OAK HILL ROAD CARLISLE, PA 17015-8929 Defendant. CIVIL ACTION- COMPLAINT IN MORTGAGE FORECLOSURE And now comes WELLS FARGO BANK,N.A., by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). 2. The Defendant, JESSE L. TRESSLER, is an individual whose last known address is 177 OAK HILL ROAD, CARLISLE, PA 17015-8929. 062-PA-V3 3. WELLS FARGO BANK,N.A., directly or through an agent, has possession of the Promissory Note. WELLS FARGO BANK, N.A. is either the original payee of the Promissory Note or the Promissory Note has been duly indorsed. A true and correct copy of said Promissory Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about December 21, 2007, JESSE L. TRESSLER made, executed and delivered to WELLS FARGO BANK, N.A a Mortgage in the original principal amount of $159,183.00 on the premises described in the legal description marked Exhibit "B", attached hereto and made a part hereof. Said Mortgage being recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 200800131. The Mortgage is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 5. Plaintiff is the current Mortgagee. 6. JESSE L. TRESSLER is record and real owner of the aforesaid mortgaged premises. 7. Defendant is in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the monthly installments of principal and interest due November 1, 2012. 8. As of 04/02/2013, the amount due and owing Plaintiff on the mortgage is as follows: Principal Balance $ 153,120.86 Interest 10/01/2012 through 04/02/2013 $ 4,907.44 Late Charges $ 211.34 Property Inspections $ 45.00 Escrow Balance $ (442.85) Suspense Balance $ (1,307.92) TOTAL $ 156,533.87 062-PA-V3 plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania Law, actually and reasonably incurred by Plaintiff including but not limited to, costs (including escrow advances) and Plaintiff's attorneys' fees and expenses. Plaintiff reserves the right to file a motion in the above-captioned action to add such additional sums authorized under the Mortgage and Pennsylvania Law to the above amount due and owing when incurred 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s). 10. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability in a bankruptcy proceeding, this action is in no way an attempt to re-establish such liability. WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of$ 156,533.87, with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. BY: Date: (�I` 3 Meredith Wooters, Esq., Id. No.307207 Attorney for Plaintiff 062-PA-V3 Exhibit "A" iJ FIXED RATE NOTE DECEMBER 21, 2007 MECHANICSBURG PENNSYLVANIA Date city State 177 OAK HILL RD CARLISLE PA 17015 (Property.Address) 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S, $ 159,183.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is WELLS FARGO BANK N_A. I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to'receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid, I will pay interest at a yearly rate of 6.375 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(8) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. will make my monthly payment on the first day of each month beginning on FEBRUARY.1, 2008 1 will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to Interest before Principal. If, on JANUARY 1, 2038 , 1 still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at WELLS FARGO BANK, N.A. P.O. BOX 11701 NEWARK NJ 07101-4701 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be In the amount of U.S. $ 993.10 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment,-I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use all of my Prepayments to reduce the amount of Principal that I owe underthis Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. MULTISTATE FIXED NOTE-Single Family-FNMAIFHLMC UNIFORM INSTRUMENT FORM 3200 1101 1 of 3 ECO11L REV.04118/02 S. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 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 4.000% of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above,the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses Include, for example, reasonable attorney's fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. MULTISTATE AXED NOTE•Single Famlly-FNNWFHLMC UNIFORM INSTRUMENT FORM 3200 1101 2 or 3 Ec0111. REV.04I1DJD2 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how.and under what conditions I may be required to make immediate payment In full of all amounts that I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial Interest In.Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. -If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is iven in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to ppa thes su s pprior to the ex iration of thi$ period, Lender may invoke any remedies perm ltt�d by tI is SeeUrnty Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. -Borrower (Seal) (Sign Original Only) 9� WITHOUT RECOURSE— PAY TO THE ORDER OF WELkS FARGO BANK, N.A. BY Dan/;7 JOWN1. Milts,Vice President MULTISTATE FIXED NOTE•Single Family•FNMAIFHLMC UNIFORM INSTRUMENT FORM 32001101 3 ots ECO11L REV.W24102 Exhibit "B" LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in Lower Frankford Township, Cumberland County, Pennsylvania,bounded and described as follows: BEGINNING at a point on the Eastern previously indicated right-of-way line of Township Road T456, known as Oak Road, which point is on the Southwestern corner of Lot No. 16 as shown on the hereinafter mentioned plan of lots; thence along said Lot No. 16 South 85 degrees 54 minutes 53 seconds East 339.38 feet to an iron pin;thence by a curve to the left having a radius of 20 feet an arc length of 10.85 feet(chord bearing *North 78 degrees 32 minutes 44 seconds **East chord length: 10.72 feet)to an iron pin;thence along the same and along Lot No. 17 as shown on said Subdivision Plan North 04 degrees 05 minutes 07 seconds East 232.13 feet to an iron pin at Lot No. 19 as shown on said Subdivision Plan;thence along Lot Nos. 19, 20 and 21 as shown on said Subdivision Plan South 85 degrees 56 minutes 10 seconds East 473.23 feet to an iron pin at line of land now or formerly of Viola Finkenbinder; thence along said line of land now or formerly of Viola Finkenbinder South 04 degrees 00 minutes 00 seconds West 260.01 feet to an iron pin at Lot No. 14 as shown on said Subdivision Plan;thence along said Lot No. 14 North 85 degrees 55 minutes 20 seconds West 379.70 feet to an iron pin at the Eastern side of a cul-de-sac in a private right-of-way; thence through the center line of said cul-de-sac and private right-of- way, continuing along said Lot No.. 14,North 85 degrees 54 minutes 53 seconds West 443.62 feet to an iron pin in the Eastern previously dedicated right-of-way line of said T-456; thence along the said previous dedicated right-of-way line North 04 degrees 05 minutes 07 seconds East 24.86 feet to an iron pin at the point and place of BEGINNING. Filet 318829 BEING Lot No. 15, Section `B" described in a subdivision plan for Francis X. Bender,Jr., Section 'B'prepared by Gerrit J.Betz, R.E., dated August 4, 1977 and revised September 27, 1977 and recorded in the hereinafter mentioned Recorder of Deeds Office in Plan Book 31, Page 63 as corrected by a certain re-survey prepared by Carl D. Bert, dated December 5, 1990, as recorded in the Cumberland County Right-of-Way Plan Book 9,Page 110. SUBJECT to easements, rights-of-way and restrictions as of record. BEING known as 177 Oak Hill Road,Carlisle,Pennsylvania 17013. PROPERTY ADDRESS: 177 OAK HILL ROAD, CARLISLE,PA 17015-8929 PARCEL#14-06-0027-103 File#: 318829 VERIFICATION Darren Britt, hereby states that&he is Vice President Loan Documentation of WELLS FARGO BANK,N.A., plaintiff in this matter,that 9 she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of is her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: Darren Britt Title: Vice President Loan Documentation Company: Wells Fargo Bank,N. A. Date: 04/05/2013 086-PA-V2 File 4 318829 FORM I IN THE COURT OF COMMON PLEAS WELLS FARGO BANK,N.A. OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff(s) VS. 5.2 - co JESSE L.TRESSLER r7l --a r-vl;=: 7,3 Defendant(s) 0"Icivil =r— ,:;a, tl'a NOTICE OF RESIDENTIAL MORTGAGE FORECLC�fjltk DIVERSION PROGRAM cDi4l ­4 You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in theresidential property which is the subject of this foreclosure action,you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer,you must take the following steps to be eligible for a conciliation conference. First,within twenty(20)days of your receipt of this notice,you must contact MidPenn Legal Services at(717)2439400 extension 2510 or(800)822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative,you must promptly meet with that legal representative within twenty(20)days of the appointment date.During that meeting,you must provide the legal representalve 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 MidPerm 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 ofthe 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: CUSTOM ER/PRIMARY APPLICANT 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? CO-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes&Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes F-1 No n 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): I. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2" 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 Support/Alim. Spending Money 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 ❑ Non. 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: AUTHORIZATION I/We, , authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) 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#: 318829 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson i ii -C} I ICE Sheriff !#' E H PRO1 4WINOTAR Y Jody S Smith Chief Deputy 2013 MAY { 3 AM 10, 31 Richard W Stewart � OF T14 �;t F� CCUMBERLAND COCl3d�'Y Solicitor OFF c PENNSYLVANIA Wells Fargo Bank, N.A. Case Number vs. Jesse L Tressler 2013-2112 SHERIFF'S RETURN OF SERVICE 05/02/2013 10:33 AM- Deputy Dennis Fry, 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 Lori Dearth girlfriend, who accepted as"Adult Person in Charge"for Jesse L Tressler at 177 Oak Hill Road, Lower Frankford, Carlisle, PA 17015-8929. DENd IS FRY, DEP SHERIFF COST: $34.78 SO ANSWERS, May 03, 2013 RONW R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft,Inc. L_-D-OFFICE HE PROTHONOTA-r,'( An 10; 5 1 CU'11-85E RLAND COUNTY PENNSYLVANIA 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, Tenn vs. No.2013-2112-CIVIL JESSE L. TRESSLER 177 OAK HILL ROAD Cumberland County CARLISLE, PA 17015-8929 Defendant MOTION TO LIFT CONCILIATION STAY Plaintiff, Wells Fargo Bank, N.A., Successor (hereinafter "Plaintiff'), by its attorney, Joseph P. Schalk, Esquire,hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On April 19, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendant for her failure to make monthly payments of principal and interest upon her mortgage due November 1, 2012, and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit A. 2. On May 2, 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. A true and correct copy of the Affidavit of Service is attached hereto,made part hereof and marked as Exhibit B. 812587 f 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the Foreclosure action is stayed for sixty (60) days from the date of service. 4. Within 60 days after service of the complaint,the Defendant may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request, the Court will schedule a Conciliation Conference. The program provides that Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 5. If more than sixty (60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendant failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 7. Since Defendant opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic stay be lifted. Respectfully submitted, PHELAN HALLINAN, LLP Date: 0! BY: P A-�� #se Schalk, Esquire ey for Plaintiff 812587 Exhibit A 812587 SI[Iipreme Court.of Pennsylvania Courial Common Pleas y Use Only.* J4 Nt4 For Prothonotar @MV,'Ret Sheet CU -M fR LANDWI' County Docket No: _J The information 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. Commencement of Action: S Cl Complaint 0 Writ of Summons ❑Petition E 0 Transfer from Another Jurisdiction 0 Declaration of Taking C Lead Plaintiff's Name: WELLS FARGO BANK,N.A. Lead Defendant's Name: JESSE L.TRESSLER T I Dollar Amount Requested: C1 within arbitration limits 0 Are money damages requested? El Yes [D No (Check one) Z outside arbitration limits N Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJ Appeal? ❑Yes 19 No A Name of Plaintiff/Appellant's Attorney: Meredith Wooters,Esg.,Id.No.307207,Phelan Hallinan.LL 171 Check here if you have no attorney{area 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 0 Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection:Credit Card 0 Board of Assessment 0 Motor Vehicle 0 Debt Collection:Other 0 Board of Elections •Nuisance ❑Dept.of Transportation ❑Premises Liability 0 Statutory Appeal:Other •Product Liability(does not S include mass tort) 0 Employment Dispute: ❑Slander/Libel/Defamation Discrimination E ❑Other: 0 Employment Dispute:Other 0 Zoning Board C ❑Other: T MASS TORT 0 Other: 0 ❑Asbestos N 0 Tobacco 0 Toxic Tort-DES •Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS •Toxic Waste 0 Ejectment 0 Common Law/Statutory Arbitration B 0 Other: 0 Eminent Domain/Condemnation ❑Declaratory Judgment 0 Ground Rent 0 Mandamus 0 Landlord/Tenant Dispute 0 Non-Domestic Relations 0 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABILITY [3 Mortgage Foreclosure:Commercial ❑Quo Warranto 0 Dental 0 Partition ❑ Replevin ❑ Legal 0 Quiet Title ❑Other: ❑Other: 0 Medical 0 other Professional: Pa.R.C.P. 205.5 Updated 0110112011 L ROTHONOTA OF, THE RY -2013 APR 19 A H 10: 36 CUMBERLAND COUNTY PENNSYLVANIA 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 2971St ut Plaintiff, NO.: vs. JESSE L. TRESSLER 177 OAK HILL ROAD CARLISLE,PA 17015-8929 Defendant. CIVIL ACTION- COMPLAINT IN MORTGAGE FORECLOSURE And now comes WELLS FARGO BANK,N.A.,by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage Foreclosure as follows: I The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). 2. The Defendant, JESSE L. TRESSLER, is an individual whose last known address is 177 OAK HILL ROAD, CARLISLE,PA 17015-8929, 1-t�li 062-PA-V3 9 is 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 'December 21, 2007, JESSE L. TRESSLER made, executed and delivered to WELLS FARGO BANK, N.A a Mortgage in the original principal amount of $159,183.00 on the premises described in the legal description marked Exhibit "B", attached hereto and made a part hereof. Said Mortgage being recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 200800131. The Mortgage is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 5. Plaintiff is the current Mortgagee. 6. JESSE L. TRESSLER is record and real owner of the aforesaid mortgaged premises. 7. Defendant is in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the monthly installments of principal and interest due November 1, 2012. 8. As of 04/02/2013, the amount due and owing Plaintiff on the mortgage is as follows: Principal Balance $ 153,120.86 Interest 10/01/2012 through 04/02/2013 $ 4,907.44 Late Charges $ 211.34 Property Inspections $ 45.00 Escrow Balance $ (442.85) Suspense Balance $ (1,307.92) TOTAL $ 156,533.87 062-PA-V3 plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania Law, actually and reasonably incurred by Plaintiff;including but not limited to,costs(including escrow advances) and Plaintiff's attorneys' fees and expenses. Plaintiff reserves the right to file a motion in the above-captioned action to add such additional sums authorized under the Mortgage and Pennsylvania Law to the above amount due and owing when incurred 9. Notice of Intention to Foreclose as -set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s). 10. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability in a bankruptcy proceeding, this action is in no way an attempt to re-establish such liability. WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of$ 156,533.87, with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. By: &Lw Date: (�f( 8 13 Meredith.Wooters,Esq., Id. No.307207 ` Attorney for Plaintiff 062-PA-V3 Exhibit "A" FIXED RATE NOTE DECEMBER 21, 2007 MECHANICSBURG PENNSYLVANIA Date City state 177 OAK HILL RD CARLISLE PA 17015 (Ptopetty.ACIVCSS) 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, 1 promise to pay U.S. $ 159,183.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is WELLS.FARGO BANK N A --- I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to'receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6.375 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(6) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the first day of each month beginning on FEBRUARY.1, 2008 1 will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to Interest before Principal. If, on JANUARY 1, 2038 , 1 still owe amounts under this Note, I will pay those amounts in full on that date,which is called the "Maturity Date." I will make my monthly payments at WELLS FARGO BANK, N.A. P.O. BOX 11701 NEWARK NJ 07101-4701 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be In the amount of U.S. $ 993.10 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment,*1 will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment it I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use all of my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If 1 make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. MULTISTATE FIXED NOTE•Single Family.FNMAIFNLMC UNIFORM INSTRUMENT FORM 32001101 103 ECO11L REV.0019102 S. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit, and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthlyy paymeet 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 4.040% of my overdue payment of principal and interest. 1 will pay this late charge promptly but only once on each late payment. (B) Default If i do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date,the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means, (D) No Waiver By Note Holder Even if, at a time when I am in default,the Note Holder does not require me to pay immediately in full as described above,the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above,the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcingg this Note to the extent not prohibited by applicable law. Those expenses Include,for axampfe, reasonable attorney's fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THiS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. MULTISTATE FIXED NOTE•Slnple Family.FNkWFHLMC UNIFORM INSTRUMENT FOAM 9200 1101 2 at 3 ECQ$tL REV.44110102 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations In some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how.and under what conditions 1 may be required to make immediate payment In full of all amounts that I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial Interest In.Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not 6e exercised by Lender if such exercise is prohibited by Applicable Law. -If Lender exercisesthis option. Lender shall give Borrower notice of acceleration. The notice shall-provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. if eorrowe, fails to pay thes sum s pprjor to the ex 1ration of this erlod Lender may invoke any remedies permitted by t is Security Instrument without Mrtlt�r notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) orrower (Sign Original Only) WITHOUT RECOURSE .. t PAY TO THE ODDER OF WEL FA BANK, N.A. BY -Von� h?//M- J0 .Mills.Vice President MULTISTATE FIXED NOTE•Strple family•FNMAIFHUV.0 UNIFORM INSTRUMENT FORM 3200 1101 S of 9 EC0111. REV.06124/02 Exhibit "B" LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in Lower Frankford Township, Cumberland County, Pennsylvania,bounded and described as follows: BEGINNING at a point on the Eastern previously indicated right-of-way line of Township Road T456,known as Oak Road, which point is on the Southwestern corner of Lot No. 16 as shown on the hereinafter mentioned plan of lots;thence along said Lot No. 16 South 85 degrees 54 minutes 53 seconds East 339.38 feet.to an iron pin;thence by a curve to the left having a radius of 20 feet an arc length of 10.85 feet(chord bearing *North 78 degrees 32 minutes 44 seconds **East chord length: 10.72 feet) to an iron pin;thence along the same and along Lot No. 17 as shown on said Subdivision Plan North 04 degrees 05 minutes 07 seconds East 232.13 feet to an iron pin at Lot No. 19 as shown on said Subdivision Plan;thence along Lot Nos. 19,20 and 21 as shown on said Subdivision Plan South 85 degrees 56 minutes 10 seconds East 473.23 feet to an iron pin at line of land now or formerly of Viola Finkenbinder;thence along said line of land now or formerly of Viola Finkenbinder South 04 degrees 00 minutes 00 seconds West 260.01 feet to an iron pin at Lot No. 14 as shown on said Subdivision Plan; thence along said Lot No. 14 North 85 degrees 55 minutes 20 seconds West 379.70 feet to an iron pin at the Eastern side of a cul-de-sac in a private right-of-way; thence through the center line of said cul-de-sac and private right-of- way,continuing along said Lot No.. 14,North 85 degrees 54 minutes 53 seconds West 443.62 feet to an iron pin in the Eastern previously dedicated right-of-way line of said T-456;thence along the said previous dedicated right-of-way line North 04 degrees 05 minutes 07 seconds East 24.86 feet to an iron pin at the point and place of BEGINNING. File#: 318829 BEING Lot No. 15, Section `B"described in a subdivision plan for Francis X. Bender,Jr., Section'B'prepared by Gerrit J.Betz,R.E.,dated August'4, 1977 and revised September 27, 1977 and recorded in the hereinafter.mentioned Recorder of Deeds Office in Plan.Book 31,Page 63 as corrected by a certain re-survey prepared by Carl D. Bert,dated December 5, 1990, as recorded in the Cumberland County Right-of-Way Plan Book 9,Page 110. SUBJECT to easements, rights-of-way and restrictions as of record. BEING known as 177 Oak Hill Road,Carlisle,Pennsylvania 17013. PROPERTY ADDRESS: 177 OAK HILL ROAD,CARLISLE,PA 17015-8929 PARCEL# 14-06.0027-103 File#: 318829 VERIFICATION Darren Britt, hereby states that&he is Vice President Loan Documentation of WELLS FARGO.BANK,N.A., plaintiff in this matter,that&he is authorized to make this Verification, and verify that the statements,made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of is her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: Darren Britt Title: Vice President Loan Documentation Company: Wells Fargo Bank,N. A. Date: 04/05/2013 086-PA-V2 File 4 318829 FORM 1 IN THE COURT OF COMMON PLEAS WELLS FARGO BANK,N.A. OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff(s) VS. JESSE L.TRESSLER —0 rr Defendant(s) 7�� D-Civil Ln r�� use NOTICE OF RESIDENTIAL MORTGAGE FORECLUN Rk- DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. �� If you own and live in the residential property which is the subject of this foreclosure action,you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer,you must take the following steps to be eligible for a conciliation conference. First,within twenty(20)days of your receipt of this notice,you must contact MidPenn Legal Services at(717)2439400 extension 2510 or(800)822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative,you must promptly meet with that legal representative within twenty(20)days of the appointment date.During that meeting,you must provide the legal representaive 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 themortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: c{ � 3 %W" WD(W 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: CUSTOM ER/PRIMARV APPLICANT 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: e: Cell: Other: Email: #of people in household: How Iona? CO-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? FINANCIAL INFORMATION I 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 41: Model: Year: Amount owed: Value: Automobile#2:Model: Year: Amount owed: Value: Other transportation automobiles boats,motorcycles): Model: Year: Amount owed: Value M_onthly 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 Mort a e 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/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: Counselor: Counseling Agency: 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: AUTHORIZATION I/We, ,authorize the above named . to use/refer this information to my Lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the counseling services provided by the above named. Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 2. 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 orother 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 M: 318829 Exhibit - B 812587 SHERIFF'S OFFICE OF CUMBERLAND COUNTY l Ronny R Anderson Sheriff �Ut�p,ofn�n6cr/ahb Jody S Smith _ Chief Deputy Richard W Stewart Solicitor o��tcs nF THE sN��r�F Wells Fargo Bank, N.A. Case Number VS. 2013-2112 Jesse L Tressler SHERIFF'S RETURN OF SERVICE 05/02/2013 10:33 AM-Deputy Dennis Fry,being duly sworn according to Yaw, 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 Lori Dearth girlfriend,who accepted as"Adult Person in Charge"for Jesse L Tressler at 177 Oak Hill Road, Lower Frankford, Carlisle, PA 17015-6929, DE S FRY, DEP F SHERIFF COST:$34.78 SC ANSWERS, May 03,2013 RON R ANDERSON,SHERIFF i i (r.)CountySuite st,ecttt:Taft"n ft. 3 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. No. 2013-2112-CIVIL JESSE L. TRESSLER 177 OAK HILL ROAD Cumberland County CARLISLE, PA 17015-8929 Defendant CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff's Motion to Lift Conciliation Stay and proposed Order were sent via first class mail to the person listed below on the date indicated: JESSE L. TRESSLER 177 OAK HILL ROAD CARLISLE, PA 17015-8929 Date: 3 By: ose h Schalk, Esquire Atto ey for Plaintiff 812587 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.2013-2112-CIVIL JESSE L. TRESSLER 177 OAK HILL ROAD Cumberland County CARLISLE, PA 17015-8929 Defendant ORDER AND NOW, this day of Awl&1 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. nab C: CD C-17 C-) ZCD )>Cz 812587 CC: Jesse L. Tressler 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 ,21155-563-7000 f/"JESSE L. TRESSLER 177 OAK HILL ROAD CARLISLE, PA 17015-8``929 812587 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 yE PSN©f�C„ 70/t,JUL 17 C�%�f. All 10; 05 CUMBERLAND COUN S YC VA NIA Attorney For Plaintiff WELLS FARGO BANK, N.A. Plaintiff v. JESSE L. TRESSLER Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 13-2112 CIVIL 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: PH # 812587 —7 IN/Pi PHELAN HALLINAN, LLP By: Jona Yan Lobb, Esq., Id. No.312174 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff WELLS FARGO BANK, N.A. Plaintiff v. JESSE L. TRESSLER Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 13-2112 CIVIL 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: JESSE L. TRESSLER 177 OAK HILL ROAD CARLISLE, PA 17015-8929 Date: -7/101 PHELAN HALLINAN, LLP By: Jonat1f n Lobb, Esq., Id. No.312174 Attorney for Plaintiff