HomeMy WebLinkAbout13-2113 Supreme Court-of Pennsylvania
Cour, f Co�mmo Pleas ForProtlronotary Use Only:
• Givil�Cove�;Sheet
CUMBER D41 + County Docket No: r�sr'14tp
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:
Complaint ❑ Writ of Summons ❑ Petition
E ❑Transfer from Another Jurisdiction ❑ Declaration of Taking
C Lead Plaintiffs Name: WELLS FARGO BANK,N.A., Lead Defendant's Name: CHAD GALLAHER A/K/A CHAD A.
T SB/M WELLS FARGO HOME MORTGAGE,INC. GALLAHER
I Are money damages requested? ❑ Yes ❑ No
Dollar Amount Requested: 171 within arbitration limits
0 (Check one) ❑x outside arbitration limits
N Is this a Class Action Suit? ❑ Yes ❑x No Is this an MDJ Appeal? ❑ Yes ❑x No
A Name of Plaintiff/Appel]ant's Attorney: Jonathan Lobb,Esq.,Id.No.312174,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
® 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 01101/2011
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PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF
Jonathan Lobb, Esq., Id. No.312174
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA
WELLS FARGO BANK,N.A., S/B/M WELLS
FARGO HOME MORTGAGE, INC. CIVIL DIVISION
3476 STATEVIEW BOULEVARD
FORT MILL, SC 29715 NO.:
Plaintiff,
VS.
CHAD GALLAHER A/KJA CHAD A. GALLAHER
WENDY K. GALLAHER
2076 DARTMOUTH STREET
CAMP HILL, PA 17011-3833
Defendants.
CIVIL ACTION— COMPLAINT IN MORTGAGE FORECLOSURE
And now comes WELLS FARGO BANK,N.A., S/B/M WELLS FARGO HOME
MORTGAGE, INC., by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage
Foreclosure as follows:
1. The Plaintiff is WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME
MORTGAGE, INC., 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter
"plaintiff"). r
Ll
062-PA-V3 fF
2. The Defendants, CHAD GALLAHER A/K/A CHAD A. GALLAHER and
WENDY K. GALLAHER, are individuals whose last known address is 2076 DARTMOUTH
STREET, CAMP HILL, PA 17011-3833.
3. WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE,
INC., directly or through an agent, has possession of the Promissory Note. WELLS FARGO
BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. is either the original payee
of the Promissory Note or the Promissory Note has been duly indorsed. A true and correct copy
of said Promissory Note is marked Exhibit "A", attached hereto and made a part hereof.
4. On or about October 15, 2002, CHAD GALLAHER made, executed and
delivered to WELLS FARGO HOME MORTGAGE, INC. a Mortgage in the original principal
amount of$159,200.00 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 1778, Page 4493. 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. Said mortgage was modified as set forth in the modification agreement, which is
recorded in the office of the recorder of deeds of CUMBERLAND County on January 12, 2010,
Instrument No. 201001019.
7. CHAD GALLAHER A/K/A CHAD A. GALLAHER and WENDY K.
GALLAHER are record and real owners of the aforesaid mortgaged premises.
8. 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
9. As of 04/03/2013, the amount due and owing Plaintiff on the mortgage is as
follows:
Principal Balance $131,826.97
Interest from 10/01/2012 to 04/03/2013 $3,498.36
Late Charges $266.10
Property Inspections $30.00
Escrow Balance $(969.91)
Suspense Balance $(133.90)
TOTAL $134,517.62
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.
10. 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).
11. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff
is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to
do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of
personal liability in a bankruptcy proceeding, this action is in no way an attempt to re-establish
such liability.
062-PA-V3
WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the
amount due of$134,517.62, 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: q I ,63 Jo than Lobb, Esq., Id. No.312174
orney for Plaintiff
062-PA-V3
Exhibit "A"
BALLOON NOTE
(Fixed Rate)
THIS LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE
PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE. LENDER IS
UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. YOU WILL,
THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT YOU MAY
OWN, OR YOU WILL HAVE TO FIND A LENDER, WHICH MAY BE THE LENDER YOU HAVE
THIS LOAN WITH, WILLING TO LEND YOU THE MONEY. IF YOU REFINANCE THIS LOAN
AT MATURITY, YOU MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS
NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM i
THE SAME LENDER.
OCTOBER 15, 2002 LEMOYNE PENNSYLVANIA
[Date] [City] [state]
2076 DARTMOUTH ST, CAMP HILL, PA 17011
I
[Property Address]
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $************159,200.00 (this amount is called
"Principal"), plus interest, to the order of Lender. Lender is WELLS FARGO HOME MORTGAGE, INC.
I will make all payments under this Note in the form of cash, check or money order.
I understand that 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 be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a
yearly rate of 5.625 %.
The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section
6(B)of this Note.
3. PAYMENTS
(A)Time and Place of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly payments on the FIRST day of each month beginning on DECEMBER 01, 2002
I will make these payments every month until I have paid all of the principal and interest and any other charges described
below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be
applied to interest before Principal. If, on NOVEMBER 01, 2009 , I 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 HOME MORTGAGE, INC., P.O. BOX 10304, DES
MOINES, IA
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. $******916.44
MULTISTATE BALLOON FIXED RATE NOTE-Single Family-FANNIE MAE UNIFORM INSTRUMENT Form 3260 1101
Pape 1 of 3
VMP MORTGAGE FORMS IniGa18:G_6.
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known
as a "Prepayment." When 1 make a Prepayment. I will tell the Note Holder in writing that I am doing so. I may not
designate a payment as a Prepayment if I have not made all the monthly payments due under 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 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 date or in the amount of
my monthly payment unless the Note Holder agrees in writing to those changes.
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 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 Principal, the
reduction will be treated as a partial Prepayment.
6. 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
5.000 % 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 attorneys' fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by
delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the
Note Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the
Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different
address.
S. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made
in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this
Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a
guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder
may enforce its rights under 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.
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 that might result if I do not keep the promises that 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 alI amounts I owe under this Note. Some of those conditions read as follows:
Form 3260 1/01
Pape 2 of 3 Iritlds:.C.,6.
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 transferred) without Lender's prior written consent,
Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this
option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a
period of not less than 30 days from the date the notice is given in accordance with Section 15 within which
Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the
expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further
notice or demand on Borrower.
WITNESS THE HAND(S)AND SEAL(S)OF THE UNDERSIGNED.
(Seal) (Seal)
CHAD GAL R -Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
(Sign Original Only]
Pape 3 of 3 Form 3260 1/01
BALLOON NOTE ADDENDUM
(CONDITIONAL RIGHT TO REFINANCE)
THIS BALLOON NOTE ADDENDUM is made this 15TH day of OCTOBER, 2002 , and is
incorporated into and shall be deemed to amend and supplement the Balloon Note made by the undersigned("Borrower")in
favor of WELLS FARGO HOME MORTGAGE, INC.
("Lender")
and dated as of even date herewith (the "Note"). The interest rate stated on the Note is called the "Note Rate." The date of
the Note is called the"Note Date."
I understand Lender may transfer the Note, the related Mortgage, Deed of Trust, or Security Deed (the "Security
Instrument") and this Addendum. Lender or anyone who takes the Note, Security Instrument and this Addendum by transfer
and who is entitled to receive payments under the Note is called the"Note Holder."
ADDITIONAL COVENANTS. In addition to the covenants and agreements in the Security Instrument, Borrower and
Lender further covenant and agree as follows (despite anything to the contrary contained in the Security Instrument or the
Note):
1. CONDITIONAL RIGHT TO REFINANCE
At the maturity date of the Note and Security Instrument (the "Maturity Date"), I will be able to obtain a new loan
("New Loan")with a new Maturity Date of NOVEMBER 01, 2032 , and with an interest rate equal to the
"New Note Rate" determined in accordance with Section 3 below if all the conditions provided in Section 2 and 5 below are
met (the "Conditional Refinancing Option"). If those conditions are not met, I understand that the Note Holder is under no
obligation to refinance or modify the Note, or to extend the Maturity Date, and that'I will have to repay the Note from my
own resources or find a tender willing to lend me the money to repay the Note.
2. CONDITIONS TO OPTION
If I want to exercise the Conditional Refinancing Option at maturity, certain conditions must be met as of the Maturity
Date. These conditions are: (a)I must still be the owner and occupant of the Property subject to the Security Instrument(the
"Property"); (b) I must be current in my monthly payments and cannot have been more than 30 days late on any of the 12
scheduled monthly payments immediately preceding the Maturity Date; (c)no lien against the Property(except for taxes and
special assessments not yet due and payable) other than that of the Security Instrument may exist; (d) the New Note Rate
cannot be more than five percentage points above the Note Rate; and (e) I must make a written request to the Note Holder as
provided in Section 5 below.
3. CALCULATING THE NEW NOTE RATE
The New Note Rate will be a fixed rate of interest equal to Fannie Mae's required net yield for 30-year fixed rate
mortgages subject to a 60-day mandatory delivery commitment, plus one-half of one percentage point (0.5%), rounded to
the nearest one-eighth of one percentage point (0.125%) (the "New Note Rate"). The required net yield shall be the
applicable net yield in effect on the date and time of day that the Note Holder receives notice of my election to exercise the
Conditional Refinancing Option. If this required net yield is not available, the Note Holder will determine the New Note
Rate by using comparable information.
4. CALCULATING THE NEW PAYMENT AMOUNT
Provided the New Note Rate as calculated in Section 3 above is not greater than five percentage points above the Note
Rate and all other conditions required in Section 2 above are satisfied, the Note Holder will determine the amount of the
monthly payment that will be sufficient to repay in full (a)the unpaid principal, plus(b) accrued but unpaid interest, plus (c)
all other sums I will owe under the Note and Security Instrument on the Maturity Date(assuming my monthly payments then
MULTISTATE BALLOON NOTE ADDENDUM-Single Family-Fannie Mae UNIFORM INSTRUMENT
3266;1/01
VMP MORTGAGEFORMS-
Paga t 0f 2 IniGa
are current, as required under Section 2 above), over the term of the New Note at the New Note Rate in equal monthly
payments. The result of this calculation will be the amount of my new principal and interest payment every month until the
New Note is fully paid.
5. EXERCISING THE CONDITIONAL REFINANCING OPTION
The Note Holder will notify me at least 60 calendar days in advance of the Maturity Date and advise me of the
principal, accrued but unpaid interest, and all other sums I am expected to owe on the Maturity Date. The Note Holder also
will advise me that I may exercise the Conditional Refinancing Option if the conditions in Section 2 above are met. The
Note Holder will provide my payment record information, together with the name, title and address of the person
representing the Note Holder that I must notify in order to exercise the Conditional Refinancing Option. If I meet the
conditions of Section 2 above, I may exercise the Conditional Refinancing Option by notifying the Note Holder no later than
45 calendar days prior to the Maturity Date. The Note Holder will calculate the fixed New Note Rate based upon Fannie
Mae's applicable published required net yield in effect on the date and time of day notification is received by the Note
Holder and as calculated in Section 3 above. I will then have 30 calendar days to provide the Note Holder with acceptable
proof of my required ownership, occupancy and property lien status. Before the Maturity Date the Note Holder will advise
me of the new interest rate (the New Note Rate), new monthly payment amount and a date, time and place at which I must
appear to sign any documents required to complete the required refinancing. I understand the Note Holder will charge me a
$250 processing fee and the costs associated with updating the title insurance policy, if any, and any reasonable third-party
costs, such as documentary stamps, intangible tax, survey, recording fees, etc.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Balloon Note
Addendum.
z4j,.,,4� (Seal) (Seal)
CHAD =LWR -Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
.Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
[Sign Original Only]
Pepe 2 of 2 Form 3266 1101
Exhibit "B"
LEGAL DESCRIPTION
ALL THAT CERTAIN tract or parcel of land situate in the Borough of Camp Hill
(formerly East Pennsboro Township),Cumberland County,Pennsylvania,being Lots numbered
49,50 and 51, on a plan of Camp Hill Estates dated October 21, 1939,made by the Ernest W.
Branch, Civil Engineer,and recorded in Plan Book 1,Page 90,Cumberland County records,
more particularly bounded and described as follows,to wit:
Southerly by Dartmouth Street, 90 feet; westerly by Lot No. 52 on said plan, 89.53 feet;
northerly by Lots Nos. 62, 63 and 64 on said plan, 90 feet; easterly by Lot No. 48 on said plan,
88.19 feet.
CONTAINING, according to said plan, 7,997 square feet, more or less.
PROPERTY ADDRESS: 2076 DARTMOUTH STREET, CAMP HILL,PA 17011-3833
PARCEL#01-21-0271-161A
File#: 317345
VERIFICATION
Sonya Moore, hereby states that he/!she 's Vice President Loan Documentation of
WELLS FARGO BANK,N.A., plaintiff in this matter, that h 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 his er nformation and belief.
The undersigned understands that this statement is made subject to the penalties of 18 Pa.
C.S. Sec. 4904 relating to unsworn falsification to authorities.
Name: Sonya Moore
Title: Vice President Loan Documentation
Company: Wells Fargo Bank,N.A.
Date: 04/05/2013
086-PA-V2 File#317345
FORM 1
IN THE COURT OF COMMON PLEAS
WELLS FARGO BANK,N.A.,S/B/M WELLS OF CUMBERLAND COUNTY,PENNSYLVANIA
FARGO HOME MORTGAGE,INC.
Plaintiff(s) �3
VS.
a rq
7V;
CHAD GALLAHER A/K/A CHAD A.
GALLAHER
WENDY K.GALLAHER Cr-n-1
Defendant(s) civil C-Dr'l'j
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE <
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential property which is the subject of this foreclosure action,you may be able to
participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender.
If you do not have a.lawyer,you must take the following steps to be eligible for a conciliation conference.
First,within twenty(20)days of your receipt of this notice,you must contact MidPenn Legal Services at(717)243-9400
extension 2510 or(800)822-5288 extension 2510 and request appointment of a legal representative at no charge to you.
Once you have been appointed a legal representative,you must promptly meet with that legal representative within
twenty(20)days of the appointment date.During that meeting,you must provide the legal representative with all
requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal
representative complete a financial worksheet in the format attached hereto,the legal representative will prepare and a
Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60)days of the
service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an
opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your
lender before the mortgage foreclosure suit proceeds forward.
If you are represented by a lawyer,you and your lawyer must take the following steps to be eligible for a
conciliation conference.It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal
representative.However,you must provide your lawyer with all requested financial information so that a loan resolution
proposal can be prepared on your behalf.If you and your lawyer complete a financial worksheet in the format attached
hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court,which must be filed
within sixty(60)days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is
scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable
arguments with your lender before the mortgage foreclosure suit proceeds forward.
IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS
REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Respectfully submitted:
7
Date
na
Z� than Lobb,Esq.,Id.
No.312174
Attorney for Plaintiff
FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket#
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance,your lender must consider your circumstances to determine
possible options while working with your counseling agency. Please provide the following information to
the best of your knowledge:
CUSTOM ER/PRI MARV APPLICANT
Borrower name(s):
Property Address:
City: State:— Zip:
Is the property for sale? Yes ❑ No F-1 Listing date: Price: $
Realtor Name: Realtor Phone:
Borrower Occupied? Yes F-1 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:
Prim4a Reason for Default:
6. Listing agreement (if property is currently on the market)
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:
I. 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"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 Support/Alim. Spending Money
Da /Child Care/Tuft. I Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income&Expenses:
Have you been working with a Housing Counseling Agency?
Yes F-1 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❑ NoM
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:
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)
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#: 317345
SHERIFF'S OFFICE OF CUMBERLAND COUNTI6= --{
Ronny R Anderson -a—
Sheriff
�ticrx�r�fi L�raia6ct•,r;�i --<�' .... C7:�"
Jody S Smith °k t"' --q.(=
Chief Deputy
a c
Richard W Stewart �- •= °° �: .:,�: c:>�•�
Solicitor OFC ',r O✓THE liPERIrP
Wells Fargo Bank, N.A. s/b/m Wells Fargo Home Mortgage, Inc. Case Number
vs.
Chad Gallaher(et al.) 2013-2113
SHERIFF'S RETURN OF SERVICE
04/24/2013 01:03 PM - Deputy Ronald Hoover, 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: Wendy
Gallaher at 2076 Dartmouth Street, Camp Hill Borough, Camp Hill, PA 17011. /
RONALD HOOVER, DEPUTY
04/24/2013 01•:04 PM - Deputy Ronald Hoover, 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 Wendy Gallaher, Spouse of defendant, who
accepted as"Adult Person in Charge"for Chad Gallaher at 2076 Dartmouth Street, Camp Hill Borough,
Camp Hill, PA 17011.
RONALD HOOVER, DEPUTY
SHERIFF COST: $60.50 SO ANSWERS,
April 25, 2013 RON R ANDERSON, SHERIFF
(c)CountySuito F,heritf,'releosoft.Inc.
I TP N` LED-OFFICE
, PRO TI-Ionoy�Ry
,7013.ANN 2?6 PM 2: 23
CUMBERLAND COUNTY
PHELAN HALLINAN, LLP PEMNS YLVANIA
Joseph P. Schalk, Esq., Id. No. 91656
126 Locust Street
Harrisburg, PA 17101
215-563-7000 Attorney for Plaintiff
WELLS FARGO BANK,N.A., S/B/M WELLS
FARGO HOME MORTGAGE, INC. Court of Common Pleas
3476 STATEVIEW BOULEVARD
FORT MILL, SC 29715 Civil Division
Plaintiff,
vs. Tenn
CHAD GALLAHER A/K/A CHAD A. GALLAHER No. 2013-2113-Civil
WENDY K. GALLAHER
2076 DARTMOUTH STREET Cumberland County
CAMP HILL, PA 17011-3833
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 19, 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 24, 2013, Plaintiff completed service on Defendants of the Complaint in
Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage
Foreclosure Diversion Program Notice. A true and correct copy of the Affidavit of Service is
attached hereto, made part hereof and marked as Exhibit B.
317345
3. Pursuant to the Cumberland County Administrative Order February 28, 2012,
which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the
Foreclosure action is stayed for sixty (60)days from the date of service.
4. Within 60 days after service of the complaint, the Defendant may opt into the
program by filing a Request for Conciliation Conference with the Court. Upon the filing of the
request, the Court will schedule a Conciliation Conference. The program provides that
Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of
notice if not represented by counsel.
5. If more than sixty(60) days has elapsed since the service of Notice of Residential
Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the
Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the
Diversion Program.
6. Defendants failed to opt into the Cumberland County Residential Mortgage
Foreclosure Diversion Program within sixty(60) days of service.
7. Since Defendants have opted not to participate in the Diversion Program, it is
appropriate for the stay to be lifted.
WHEREFORE, Plaintiff respectfully requests that this matter be removed from the
Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic
stay be lifted.
Respectfully submitted,
PHELAN HALL1NAN, LLP
Date: . 2 3 BY: C)�rv*� f 6_J-_e6-
iop4epll P. chalk, Esquire
A%Lo_rAey for Plaintiff
317345
Exhibit A
317345
Supreme Court-of.Pennsylvania
Cour. f Comm o Pleas For Prothonotary Use Only:
*-IvilzCov�e et r�tr
CU M$E I3e1 County Docket No: Fsr�J
�Ilt
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace thefili2&and service ofpleadings or other a ers as requiredby lain or rules o court.
S Commencement of Action:
Complaint 0 Writ of Summons : 0 Petition
E 0 Transfer from Another Jurisdiction 0 Declaration of Taking
C Lead Plaintiffs Name: WELLS FARGO BANK,N.A., Lead Defendant's Name: CHAD GALLAHER A/K/A CHAD A.
T SB/M WELLS FARGO HOME MORTGAGE,INC. GALLAHER
I Are money damages requested? ❑ Yes 0 No Dollar Amount Requested: C1 within arbitration limits
0 (Check one) O outside arbitration limits
N Is this a Class Action Suit? 0 Yes O No Is this an MDJ Appeal? 0 Yes Z No
A Name of Plaintiff/Appellant's Attorney: Jonathan Lobb,Esg,Id.No.312174.Phelan Hallinan,LLP
0 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 0 Buyer Plaintiff Administrative Agencies
•Malicious Prosecution 0 Debt Collection:Credit Card 0 Board of Assessment
•Motor Vehicle O Debt Collection:Other 0 Board of Elections
•Nuisance O Dept, of Transportation
0 Premises Liability 0 Statutory Appeal:Other
0 Product Liability(does not
S include mass tort) O Employment Dispute:
0 Slander/Libel/Defamation Discrimination
E O Other: 0 Employment Dispute:Other 0 Zoning Board
C 0 Other:
T
MASS TORT —� 0 Other:
d 0 Asbestos
N 0 Tobacco
0 Toxic Tort-DES•Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
•Toxic Waste 0 Ejectment O Common Law/Statutory Arbitration
B 0 Other: 0 Eminent Domain/Condemnation O Declaratory Judgment
0 Ground Rent 0 Mandamus
0 Landlord/Tenant Dispute 0 Non-Domestic Relations
N Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABILITY 0 Mortgage Foreclosure:Commercial 0 Quo Warranto
•Dental 0 Partition 0 Replevin
•Legal 0 Quiet Title 0 Other:
•Medical 0 Other:
0 Other Professional:
Pa.R.CP.205.5 Updated 011011201
TAR ft
4 0
�UMf��'f�i .Afr�c7
LEA fUNTY
PHELAN HALLINAN,LLP ATTORNEY FOR PLAINTIFF
Jonathan Lobb,Esq., Id.No.312174
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA
WELLS FARGO BANK,N.A., SB/M WELLS
FARGO HOME MORTGAGE,INC. CIVIL DIVISION
3476 STATEVIEW BOULEVARD j
FORT MILL, SC 29715 NO.: `j.- —2 l Ul
Plaintiff,
vs.,
CHAD GALLAHER A/K/A CHAD A. GALLAHER
WENDY K. GALLAHER
2076 DARTMOUTH STREET
CAMP HILL,PA 17011-3833
Defendants.
CIVIL ACTION— COMPLAINT IN MORTGAGE FORECLOSURE
And now comes WELLS FARGO BANK,N.A., SB/M WELLS FARGO HOME
MORTGAGE, INC., by its attorneys,Phelan Hallinan,LLP and files this Complaint in Mortgage
Foreclosure as follows:
1. The Plaintiff is WELLS FARGO BANK, N.A., SB/M WELLS FARGO HOME
MORTGAGE, INC., 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafteK!
"plaintiff').
062-PA-V3 PIT ! OC
Qa 9Yba
2. The Defendants, CHAD GALLAHER A/K/A CHAD A. GALLAHER and
WENDY K. GALLAHER, are individuals whose last known address is 2076 DARTMOUTH
STREET, CAMP HILL, PA 17011-3833.
3. WELLS FARGO BANK, N.A.; S/B/M WELLS FARGO HOME MORTGAGE,
INC., directly or through an agent, has possession of the Promissory Note. WELLS FARGO
BANK, N.A.,-S/B/M WELLS FARGO HOME MORTGAGE, INC. is either the original payee
of the Promissory Note or the Promissory Note has been duly indorsed. A true and correct copy
of said Promissory Note is marked Exhibit"A",.attached hereto and made a part hereof.
4. On or about October 15, 2002, CHAD GALLAHER made, executed and
delivered to WELLS FARGO HOME MORTGAGE, INC. a Mortgage in the original principal
amount of$159,200.00 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 1778, Page 4493. 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. Said mortgage was modified as set forth in the modification agreement, which is
recorded in the office of the recorder of deeds of CUMBERLAND County on January 12, 2010,
Instrument No. 201001019.
7. CHAD GALLAHER A/K1A CHAD A. GALLAHER and WENDY K.
GALLAHER are record and real�owners of the aforesaid mortgaged premises.
8. 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
9. As of 04/03/2013, the amount due and owing Plaintiff on the mortgage is as
follows:
Principal Balance $131,82697
Interest from 10/01/2012 to 04/03/2013 $3,498.36
Late Charges $266.10
Property Inspections $30.00
Escrow Balance $(969.91)
Suspense Balance $(133.90)
TOTAL $.134,517.62
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.
10. 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).
11. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff
is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to
do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of
personal liability in a bankruptcy proceeding, this action is in no way an attempt to re-establish
such liability,.
062-PA-V3
WHEREFORE,Plaintiff demands an in rem judgment in mortgage-foreclosure for the
amount due of$134,517.62,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: L� 1,�� ?than ol7b, Esq., ld.No.312174or Plaintiff
062-PA-V3
exhibit "A"
BALLOON NOTE
(Fixed Rate)
THIS LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE
PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE. LENDER IS
UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. YOU WILL,
THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT YOU MAY
OWN, OR YOU WILL HAVE TO FIND A LENDER, WHICH MAY BE THE LENDER YOU HAVE
THIS LOAN WITH, WILLING TO LEND YOU THE MONEY. IF YOU REFINANCE THIS LOAN
AT MATURITY, YOU MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS
NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM
THE SAME LENDER.
OCTOBER 15, 2002 LEMOYNE PENNSYLVANIA
(Date] (City] (State]
2076 DARTMOUTH ST, CAMP HILL, PA 17011
[Property Address)
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S.S************159,200.00 (this amount is called
"Principal"),plus interest,to the order of Lender, Lender is WELLS FARGO HOME MORTGAGE, INC
I will make all payments under this Note in the form of cash,check or money order.
I understand that 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 be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a
yearly rate of 5,625 %. I
• The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section
6(B)of this Note.
3. PAYMENTS
(A)Time and Place of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly payments on the FIRST day of each month beginning onDECEMBER 01, 2002
I will make these payments every month until I have paid all of the principal and interest and any other charges described
below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be
applied to interest before Principal. If,on NOVEMBER 01, 2009 , I 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 HOME MORTGAGE, INC., P.O. BOX 10304, DES
MOINES, IA
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.$******916.44
MULTISTATE BALLOON FIXED RATE NOTE-Singla Family-FANNIE MAE UNIFORM INSTRUMENT Form 3260 1101
Pose I of 3
VMP MORTGAGE FORMS
d. 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 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 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 Nate. 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.
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 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 Principal, the
reduction will be treated as a partial Prepayment.
6. 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
5.000 %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 d0 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 or Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note bolder will have the right
to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law.
Those expenses include, for example, reasonable attorneys' fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by
delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the
Note Holder a notice of my different address.-
Any notice that must be given to the Note Holder under this Note will be given by 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.
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 that might result if I do not keep the promises that I make in
this Note.That Security Instrument describes how and under what conditions I may be required to make immediate payment
in full of all amounts I owe under this Note. Some of those conditions read as follows:
Form 3260 1/01
■■ Pago 2 of 3 fdUsb: 6.
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 transferred)without Lender's prior written consent,
Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this
option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration.The notice shall provide a
period of not less than 30 days from the date the notice is given in accordance with Section 15 within which
Borrower must pay all sums secured by this Security Instrument. If Borrower faits to pay these sums prior to the
expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further
notice or demand on Borrower.
WITNESS THE HAND(S)AND SEAL(S)OF THE UNDERSIGNED.
(Seal) (Seal)
CH= CAL R -Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
[Sign Original Only]
Pago 3 013 Form 3260 1101
BALLOON NOTE ADDENDUM
(CONDITIONAL RIGHT TO REFINANCE)
THIS BALLOON NOTE ADDENDUM is made this 15TR day of OCTOBER, 2002 , and is
incorporated into and shall be deemed to amend and supplement the Balloon Note made by the undersigned("Borrower")in
favor of WELLS FARGO ROME MORTGAGE, INC.
("Lender")
and dated as of even date herewith(the "Note"). The interest rate stated on the Note is called the "Note Rate."The date of
the Note is called the"Note Date."
I understand Lender may transfer the Note, the related Mortgage, Deed of Trust, or Security Deed (the "Security
Instrument")and this Addendum. Lender or anyone who takes the Note, Security Instrument and this Addendum by transfer
and who is entitled to receive payments under the Note is called the"Note Holder."
ADDITIONAL COVENANTS. In addition to the covenants and agreements in the Security Instrument, Borrower and
Gender further covenant and agree as follows (despite anything to the contrary contained in the Security Instrument or the
Note):
1. CONDITIONAL RIGHT TO REFINANCE
At the maturity date of the Note and Security Instrument (the "Maturity Date"), I will be able to obtain a new loan
("New Loan")with a new Maturity Date of XOVMW13R 01, 2032 ,and with an interest rate equal to the
"New Note Rate"determined in accordance with Section 3 below if all the conditions provided in Section 2 and 5 below are
met(the "Conditional Refinancing Option"). If those conditions are not met, I understand that the Note Holder is under no
obligation to refinance or modify the Note, or to extend the Maturity Date, and that'I will have to repay the Note from my
own resources or find a lender willing to lend me the money to repay the Note.
2. CONDITIONS TO OPTION
If I want to exercise the Conditional Refinancing Option at maturity, certain conditions must be met as of the Maturity
Date. These conditions are: (a)I must still be the owner and occupant of the Property subject to the Security Instrument(the
"Property"); (b) I must be current in my monthly payments and cannot have been more than 30 days late on any of the 12
scheduled monthly payments immediately preceding the Maturity Date;(c)no lien against the Property(except for taxes and
special assessments not yet due and payable) other than that of the Security Instrument may exist; (d) the New Note Rate
cannot be more than five percentage points above the Note Rate; and(e)I must make a written request to the Note Holder as
provided in Section 5 below.
3. CALCULATING THE NEW NOTE RATE
The New Note Rate will be a fixed rate of interest equal to Fannie Mae's required net yield for 30-year fixed rate
mortgages subject to a 60-day mandatory delivery commitment, plus one-half of one percentage point (0.5%), rounded to
the nearest one-eighth of one percentage point (0.125%) (the "New Note Rate"). The required net yield shall be the
applicable net yield in effect on the date and time of day that the Note Holder receives notice of my election to exercise the
Conditional Refinancing Option. If this required net yield is not available, the Note Holder will determine the New Note
Rate by using comparable information.
4. CALCULATING THE NEW PAYMENT AMOUNT
Provided the New Note Rate as calculated in Section 3 above is not greater than five percentage points above the Note
Rate and all other conditions required in Section 2 above are satisfied, the Note Holder will determine the amount of the
monthly payment that will be sufficient to repay in full (a)the unpaid principal, plus(b)accrued but unpaid interest, plus(c)
all other sums I will owe under the Note and Security Instrument on the Maturity Date(assuming my monthly payments then
MULTISTATE BALLOON NOTE ADDENDUM-Single family•Fannie Mae UNIFORM INSTRUMENT
1101
VMP MORTGAGE F4ItMS
Y
Pago I of 2 t"itlat5: •
are current, as required under Section 2 above), over the term of the New Note at the New Note Rate in equal .monthly
payments. The result of this calculation will be the amount of my new principal and interest payment every month until the
New Note is fully paid.
5. EXERCISING THE CONDITIONAL REFINANCING OMON
Ile Note Holder will notify me at least 60 calendar days in advance of the Maturity Date and advise me of the
principal,accrued but unpaid interest, and all other sums 1 am expected to owe on the Maturity Date. The Note Holder also
will advise me that I may exercise the Conditional Refinancing Option if the conditions in Section 2 above are met. Ile
Note Holder will provide my payment record information, together with the name, title and address of the person
representing the Note Holder that I must notify in order to exercise the Conditional Refinancing Option. If I meet the
conditions of Section 2 above,I may exercise the Conditional Refinancing Option by notifying the Note Holder no later than
45 calendar days prior to the Maturity Date. The Nate Holder will calculate the fixed New Note Rate based upon Fannie
Mae"s applicable published required net yield in effect on the date and time of day notification is received by the Note
Holder and as calculated in Section 3 above. I will then have 30 calendar days to provide the Note Holder with acceptable
proof of my required ownership, occupancy and property lien status. Before the Maturity Date the Note Holder will advise
me of the new interest rate(the New Note Rate), new.monthly payment amount and a date, time and place at which I must
appear to sign any documents required to complete the required refinancing. I understand the Note Holder will charge me a
$250 processing fee and the costs associated with updating the title insurance policy, if any, and any reasonable third-party
costs,such as documentary stamps, intangible tax,survey,recording fees,etc.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Balloon Note
Addendum.
(Seal) (Seal)
CH= GAL R -Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
[Sign Original Only]
�� Page 2 of 2 Form 3266 1101
Exhibit "B"
µ .
LEGAL DESCRIPTION. '
ALL WHAT CERTAIN tract or parcel of land situate in the Borough of Camp Hill
(formerly East Pennsboro Township),Cumberland County,Pennsylvania,being Lots numbered
49,50 and 51,on a plan of Camp Hill Estates dated October 21, 1939,made by the Ernest W.
Branch,Civil Engineer,and recorded in Plan Book 1,Page 90,Cumberland County records,
more particularly bounded and described as follows",to wit:
Southerly by Dartmouth Street,'90 feet; westerly by Lot No. 52 on said plan, 89.53 feet;
northerly by Lots Nos. 62, 63.and 64 on said plan, 90 feet;easterly by Lot No.48 on said plan,
88.19 feet.
CONTAINING,according to said plan, 7,997 square feet,more or less.
PROPERTY ADDRESS: 2076 DARTMOUTH STREET,CAMP MLL;PA 17011-3833
PARCEL#01-210271-161A
Fife k: 317345
VERIFICATION
Sonya Moore, hereby states that he/.he s Vice President Loan Documentation of
WELLS FARGO BANK,N.A.,plaintiff in this matter,that h ,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 his er nformation and belief.
The undersigned understands that this statement is made subject to the penalties of 18 Pa.
C.S. Sec, 4904 relating to unsworn falsification to authorities.
Name: Sonya Moore
Title: Vice President Loan Documentation
Company: Wells Fargo Bank,N.A.
Date: 04/05/2013
086-PA-V2 File#317345
FORM I
IN THE COURT OF COMMON PLEAS
WELLS FARGO BANK,N.A.,SIB/M WELLS OF CUMBERLAND COUNTY,PENNSYLVANIA
FARGO HOME MORTGAGE,INC.
Plaintiffs)
vs. rnrn
CHAD GALLAHER A/K/A CHAD A. Ln
GALLAHER r
WENDY K.GALLAHER C-> ::r-
Defendants) civil (D ro
NOTICE OF RESIDENTIAL MORTGAGE FORECL SURE
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"tension 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 formal 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 nathan Lobb,Esq.,Id.
No.312174
Attorney for Plaintiff
FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksbeet
Date
Cumberland County Court of Common Pleas Docket#
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance,your lender must consider your circumstances to determine
possible options while working with your counseling agency. Please provide the following information to
the best of your knowledge:
CUSTOM ER/PRI MARY 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?
Mailing Address:
City: State: Zip:
Phone Numbers: Horne: 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:
6. Listing agreement (if property is currently on the market)
3
Is the loan in Bankruptcy? Yes[] No❑
If yes,provide names,location of court,case number&attorney:
Assets Amount Owed: ygqg:
Home: $ $
Other Real Estate: $ $
Retirement Funds: $ $
Investments: $ $
Checking: $ $
Savings: $
Other: $
Automobile#I: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:
I. 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
2nd Mart&age Utilities
Car Payment(s) CondoMei h.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 Expen es
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:
AUTHORIZATION
I/We, authorize the above named
to use/refer this information to my lenderlservicer 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:
I.. Proof of income
2. Past 2 bank statements
3. Proof of any expected income for the lost 45 days
4. Copy of a current utility bill
5. Letter explaining reason for delinquency and any supporting documentation(hardship
letter)
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 personalty 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 27013
(717)249-3166
(800)990-9108
File ft: 317345
Exhibit B
311345
C-1
cz
SHERIFF'S OFFICE OF CUMBERLAND COUNT =
I� --(
Ronny R Anderson —¢ -0
tnr` y �:
Sheriff �a� tin 01 iunbc �3>
Jody S Smith
Chief Deputy .a �'r•q =a
,t�tt C)
Richard W Stewart Tr rM
Solicitor OFFICE OF THE SHERIFF
Wells Fargo Bank, N.A. s/b/m Wells Fargo Home Mortgage, Inc. Case Number
vs. 2013-2113
Chad Gallaher(et al.)
SHERIFF'S RETURN OF SERVICE
04/24/2013 01:03 PM -Deputy Ronald Hoover, 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:Wendy
Gallaher at 2076 Dartmouth.Street, Camp Hill Borough, Camp Hill, PA 17011.
RONALD HOOVER, DEPUTY
04/24/2013 01:04 PM-Deputy Ronald Hoover, 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 Wendy Gallaher, Spouse of defendant,who
accepted as"Adult Person lin Charge"for Chad Gallaher at 2076 Dartmouth Street, Camp Hill Borough,
Camp Hill, PA 17011.
RONALD HOOVER, DEPUTY
SHERIFF COST: $60.50 SO ANSWERS,
April 25, 2013 RbNW R ANDERSON, SHERIFF
(c)counlysuilo Sheriff,Toloocofi.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., S/B/M WELLS Court of Common Pleas
FARGO HOME MORTGAGE, INC.
3476 STATEVIEW BOULEVARD Civil Division
FORT MILL, SC 29715
Plaintiff, Term
vs. '
No..2013-2113-Civil
CHAD GALLAHER A/K/A CHAD A. GALLAHER.
WENDY K. GALLAHER Cumberland County
2076 DARTMOUTH STREET
CAMP HILL, PA 17011-3833
Defendants
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:
CHAD GALLAHER A/K/A CHAD A.
GALLAHER
WENDY K. GALLAHER
2076 DARTMOUTH,STREET
CAMP HILL, PA 17011-3833
Date: By:
J se P. 'chalk, Esquire
tto ey for Plaintiff
317345
�1
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK, N.A., S/B/M WELLS
FARGO HOME MORTGAGE, INC. Court of Common Pleas
3476 STATEVIEW BOULEVARD
FORT MILL, SC 29715 Civil Division
Plaintiff,
vs. Term
CHAD GALLAHER A/K/A CHAD A. GALLAHER No. 2013-2113-Civil
WENDY K. GALLAHER
2076 DARTMOUTH STREET Cumberland County
CAMP HILL, PA 17011-3833
Defendants
ORDER
AND NOW, this 2 day of ':�).4 v%&- , 2013, upon consideration of
Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby
ORDERED and DECREED that this matter is removed from the Cumberland County
Residential Mortgage Foreclosure Diversion Program; it is further
ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed
with its Mortgage Foreclosure Action.
BY THE COURT:
J.
(2p
Ss
W . � -L
r.
z® ,C"
317345
CC : Chad and Wendy K. Gallaher
Joseph P. Schalk, Esq., Id. No. 91656
Attorney for Plaintiff
PHELAN HALLINAN, LLP
Joseph P. Schalk, Esq., Id. No. 91656
126 Locust Street
Harrisburg, PA 17101
215-563-7000
CHAD GALLAHER A/K/A CHAD A. GALLAHER
WENDY K. GALLAHER
2076 DARTMOUTH STREET
CAMP HILL, PA 17011-3833 ,
317345