HomeMy WebLinkAbout13-2114 Supreme Court of Pennsylvania
Court.oftommon Pleas
For Prothonotary Use Only:
GIVzF�Cove , heet
CUMBE [ AND 1Mi County Docket No:
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:
lO 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: LAURA L.LUKENS
T
I Are money damages requested? ❑Yes 9 No Dollar Amount Requested: ❑ within arbitration limits
O (Check one) outside arbitration limits
N Is this a Class Action Suit? ❑Yes Z No Is this an MDJ Appeal? ❑ Yes No
A Name of Plaintiff/Appellant's Attorney: John Michael Kolesnik,Esg,Id.No.308877,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:
O ❑Asbestos
N ❑Tobacco
•Toxic Tort-DES
•Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
•Toxic Waste ❑ Ejectment ❑Common Law/Statutory Arbitration
$ ❑ Other: ❑ Eminent Domain/Condemnation ❑Declaratory Judgment
❑Ground Rent ❑Mandamus
❑Landlord/Tenant Dispute ❑Non-Domestic Relations
Z Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABILITY ❑Mortgage Foreclosure:Commercial ❑Qua Warranto
•Dental ❑Partition ❑Replevin
•Legal ❑Quiet Title ❑Other:
•Medical ❑ Other:
•Other Professional:
Pa.R.C.P. 205.5 Updated 0110112011
I=�II.E 9-CFFiUL
. .!HE PR i ! NOTAE Y
2013 APR 19 hM 10-
PENNSYLVANIA TY
PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF
John Michael Kolesnik, Esq., Id. No.308877
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK,N.A.
3476 STATEVIEW BOULEVARD CIVIL DIVISION
FORT MILL, SC 29715 U
Plaintiff, NO.: 19,�) / v
VS.
LAURA L. LUKENS
465 STATE STREET
ENOLA, PA 17025-3004
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, LAURA L. LUKENS, is an individual whose last known addr ss
7)
is 465 STATE STREET, ENOLA, PA 17025-3004.
� � a c?q&s;2
062-PA-V3 y c�V18
. Y
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 April 17, 2008, LAURA L. LUKENS made, executed and delivered
to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC AS NOMINEE FOR
CARDINAL FINANCIAL, COMPANY, LTD. PARTNERSHIP a Mortgage in the original
principal amount of $84,955.00 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. 200813952, The Mortgage is a
matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P.
1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if
those documents are of public record.
5. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded February
22, 2012, the mortgage was assigned to WELLS FARGO BANK, N.A which Assignment is
recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 201205195.
The Assignment is a matter of public record and is incorporated herein by reference in
accordance with Pa.R.C.P. 1019(8), which rule relieves the Plaintiff from its obligation to attach
documents to pleadings if those documents are of public record.
6. LAURA L. LUKENS 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 July 1, 2012.
062-PA-V3
8. As of 04/08/2013, the amount due and owing Plaintiff on the mortgage is as
follows:
Principal Balance $-80,979.92
Interest $ 4,832.51
06/01/2012 through 04/08/2013
Late Charges $ 591.34
Property Inspections $ 200.00
Escrow Deficit $ 1,306.25
TOTAL $ 87,910.02
plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania
Law, actually and reasonably incurred by Plaintiff including but not limited to, costs (including
escrow advances) and Plaintiff's attorneys' fees and expenses. Plaintiff reserves the right to file
a motion in the above-captioned action to add such additional sums authorized under the
Mortgage and Pennsylvania Law to the above amount due and owing when incurred.
9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of
Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended
in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have
been sent to the Defendant(s).
10. This action does not come under Act 91 of 1983 because the mortgage is FHA-
insured.
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$ 87,910.02, with interest thereon plus additional costs (including additional
escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the
mortgaged premises.
By:
Date: y���1 /ttorney ichael Kolesnik, Esq., Id. No.308877
for Plaintiff
062-PA-V3
Exhibit "A"
, 0
State of Pennsylvania NOTE
APRIL 17TH, 2008
[Data]
465 STATE STREET, ENOLA, PA 17025 .
[Property Address]
1. PARTIES
"Borrower" means each person signing at the end of this Note, and the person's succesors and assigns. "Lender" means
CARDINAL FINANCIAL COMPANY, LTD. PARTNERSHIP
and its successors and as;igns.
2.BORROWER'S PROMISE TO PAY; INTEREST
In return for a loan received from Lender, Borrower promises to pay the principal sum of
EIGHTY FOUR THOUSAND NINE HUNDRED FIFTY FIVE AND NO 1100.
Dollars(U.S. $ 84,955.00 ),plus interest, to the order of Lender. Interest will be charged on unpaid principal,
from the date of disbursement of the loan proceeds by Lender,at the rate of SEVEN
percent( 7.000 %)per year until the full amount of principal has been paid.
3. PROMISE TO PAY SECURED
Borrower's promise to pay is secured by a mortgage,deed of trust or similar security instrument that is dated the same date
as this Note and called the "Security Instrument." The Security Instrument protects the Lender from losses which might result if
Borrower defaults under this Note.
4. MANNER OF PAYMENT
(A) Time
Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on
JUNE 1sT ,2008 . Any principal and interest remaining on the first day of MAY ,
2038 ' ,will be due on that date,which is called the "Maturity Date."
(B) .Place
Payment shall be made at 444 JACKSONVILLE ROAD, WARMINSTER, PA 18974
or at such place as Lender may designate in writing
by notice to Borrower.
(C) Amount
Each monthly payment of principal and interest will be in the amount otU.S. $ 565.21 This amount
will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and
other items in the order described in the Security Instrument.
(D) Allonge to this Note for payment adjustments
If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of
the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of
this Note.[Check applicable box]
❑Graduated Payment Allonge ❑Growing Equity Allonge DOthcr jspccify]
S. BORROWER'S RIGHT TO PREPAY
Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first
day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for
the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a
partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in
writing to those changes.
epe 1 of nfual5:��`
6. BORROWER'S FAILURE TO PAY
(A) Late Charge for Overdue Payment;
If Lender has not received the full monthly payment required by the Security instmment, as d6s'c'rib(d'inlParabraplt
4(C) of this Note, by the end of fifteen calendar days after the paytnent is due, Lender may collect a late charge in the amount
of FOUR percent( 4.000„. %) of the ovcrdde emount of each paym nt.
(B) Default '�"!: ;::+`7q•;n t•r l v~r+r . -. •:, ., -
If Borrower defaults by failing to pay in fill any monthly payment;then=L-chdct.'inay,:except•as•limited-by regulations
of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and
all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent
default. In many circumstances regulations issued by the Secretary will limit Lenders rights to require immediate payment in
full in the case of payment defaults.This Note does not authorize acceleration when not permitted 6y-HUD regulations. As used
in this Note, "Secretary"means the Secretary of Housng and Urban Development or his or her designee.
(C) Payment of Costs and Expenses
If Lender has required immediate payment in full, as described above,Lender may require Borrower to pay costs and
expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable
law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note.
7.WAIVERS
Borrower 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 Lender to demand payment of amounts due. "Notice of dishonor" means the
right to require Lender to give notice to other persons that amounts due have not been paid.
8.GIVING OF NOTICES
Unless applicable law requires a different method,any notice that must be given to Borrower under this Note will be given
by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different'address if
Borrower has given Lender a notice of Borrower's different address.
Any notice that must be given to Lender under this Note will be given by first class mail to Lcndcr at the address stated in
Paragraph 4(B)or at a different address if Borrower is given a notice ofthat different address.
9.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. Lender may enforce its rights under this
Note against each person individually or against all signatories together. Any one person signing this Note may be required to
pay all of the amounts owed under this Note.
This is a contract under seal and may be enforced under 42 PA. C.S. Section 5529(b).
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note.
f fir"` U X-Q rci (Seal) (Seal)
LAURA L LUKENS -Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal)* (Seal) '
-Borrower -Borrower
Page 2 of 2
0
WITHOUT RECOURSE PAY TO THE ORDER Of
Wells ferOo 8+au�t,N.A.
T
BY: •
Colleen S. Marks, Ass't Vice President
I
WITHOUT RECOURSE
PAY TO THE ORDER OF
WEL FARGO QANK,N.A.
8y
Scott M.Swanson
Assistant Vice President
i
Exhibit "B"
LEGAL DESCRIPTION
ALL THAT CERTAIN piece or parcel of land, with improvements thereon erected, situate in
East Pennsboro Township, Cumberland County, Pennsylvania, being more particularly bounded
and described as follows:
BEGINNING at a point on the North side of State Street, formerly State Road;thence by lot now
or formerly of George Weber, North thirty-two (32) degrees East,one hundred forty-eight (148)
feet to a post, the southern side of an alley;thence South fifty-eight and one-half(58 1/2) degrees
East, sixteen(16) feet nine (09) inches, more or less, to the western line of property No. 463
State Street;thence South thirty-two (32) degrees West, one hundred forty-four (144)feet six
(06) inches, more or less, to the North side of State Street,formerly State Road;thence along
said State Street North fifty(50) degrees West, sixteen(16) feet five (05)inches, more or less, to
a point,the place of BEGINNING.
HAVING THEREON erected a three story frame dwelling house known as and numbered 465
State Street.
UNDER AND SUBJECT, nevertheless, to the conditions, restrictions, agreements, easements,
rights of way, encumbrances and all other matters of record or that which a physical inspection
or survey of the premises would reveal.
PROPERTY ADDRESS: 465 STATE STREET,ENOLA,PA 17025-3004
PARCEL#45-16-1050-038
File#: 319392
VERIFICATION
Linwood Williams , hereby states that&she is Vice President Loan
Documentation of WELLS FARGO BANK,N.A., plaintiff in this matter, that&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 o9sher
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.
• w"
Name: Linwood Williams
Title: Vice President Loan Documentation
Company: Wells Fargo Bank,N.A.
Date: 04/10/2013
086-PA-V2 File#319392
FORM 1
IN THE COURT OF COMMON PLEAS
WELLS FARGO BANK,N.A. OF CUMBERLAND COUNTY,PENNSc*V AN IA '
Plaintiffs) - _..a
v
m
s. �
`
LAURA L.LUKENS
Defendant(s) Civil
=C5 c .'
NOTICE OF RESIDENTIAL MORTGAGE FORECLOW#k
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 representgive 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 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 tli,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:
g"/3
Date ohn Michael Kolesnik,Esq.,Id.
No.308877
Attorney for Plaintiff
FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket#
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance,your lender must consider your circumstances to determine
possible options while working with your counseling agency. Please provide the following information to
the best of your knowledge:
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?
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❑ 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, motorc Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
1. Monthly Gross Monthly Net
2. Monthly Gross Monthly Net
3. Monthly Gross Monthly Net
Additional Income Description(not wages):
1. monthly amount:
2. monthly amount:
Borrower Pay Days: Co-Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
2° 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 I
Da /Child Care/Tuit. Other Expe ses
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 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#: 319392
ev ryy
SHERIFF'S OFFICE OF CUMBERLAND COUN , T �.
Ronny R Anderson =M
Sheriff
49erairir � Cj
CD t
Jody S Smith �'���� " �..
Chief Deputy ,-
Richard W Stewart
Solicitor )FP?i. _-F THE i;HE-Wr
Wells Fargo Bank, N.A. Case Number
vs.
Laura L Lukens 2013-2114
SHERIFF'S RETURN OF SERVICE
04/24/2013 02:37 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 Mary Jane Galitsky,who accepted as"Adult
Person in Charge"for Laura L Lukens at 465 State Street, East Pennsboro/West Fairview, Enola, PA
17025-3004.
RONALD HOOVER, DEPUTY
SHERIFF COST: $44.60 SO ANSWERS,
April 25, 2013 RONN� R ANDERSON, SHERIFF
(c)CountySuiw Sheriff,reieosoft,Inc.
IN THE COURT OF COMMON PLEAS OF
WELLS FARGO BANK N.A. CUMBERLAND COUNTY,
Plainti (s) PENNSYLVANIA
VS. C7)
13-2114
CIVIO�
LAURA L. LUKENS
CD
Defendant(s) <3>
C.D n-7
Cr
REQUEST FOR'CONCILIATION CONFERENCE OD
Pursuant to the Administrative Order dated February 28,2012, governing the
Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned
hereby certifies as follows:
I Defendant is the owner of the real property which is the subject of this mortgage
foreclosure action;
2.. Defendant lives in the subject real property,which is defendant's primary
residence;
3. Defendant has been served with a"Notice of Residential Mortgage Foreclosure
Diversion Program"and has taken all of the steps required in that Notice to be
eligible to participate in a court-supervised conciliation conference.
The undersigned verifies that the statements made herein are true and correct. I
understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to
unsworn falsification to authorities.
Signature of Defendant's Counsel/Appointed Date
Legal Representative
X
Signature of Defendant Date
Signature of Defendant Date
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the foregoing Request For
Conciliation Conference, by depositing same in the United States Mail, first class, postage pre-paid
on the 30th day of May, 2013., from New Cumberland,Pennsylvania, addressed as follows:
John Michael Kolesnik,Esquire
Phelan, Hallinan,LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Melissa Calvanelli
Cumberland County Court Administrator
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
ROBERT P. KLINE,ESQUIRE
714 Bridge Street
Post Office Box 461
New Cumberland, PA 17070-0461
(717) 770-2540
Attorney for Laura L. Lukens
WELLS FARGO BANK,N.A., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVA
VS. CIVIL ACTION
C0
NO. 13-2114 CIVIL
LAURA L. LUKENS,
Defendant
m
CASE MANAGEMENT ORDER 2 :z-—
C_-
AND NOW,this day of June, 2013,the parties having agreed to a c_on'cil_iatiofi__1
conference, it is hereby ORDERED AND DECREED that:
1. The parties and their counsel are directed to participate in a court-supervised
conciliation Conference on q,�yqt 9,,:20/3 , at 9,'30 m. in Chambers
0
No. 4 at the Cumberland County Courthouse, Carlisle, Pennsylvania.
2. At least twenty-one(21) days prior to the date of the Conciliation Conference,the
defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the
"Cumberland County Residential Mortgage Foreclosure Diversion Program Financial
Worksheet"(Form 2)which has been completed by the defendant/borrower. Upon
agreement of the parties in writing or at the discretion of the Court,the Conciliation
Conference ordered may be rescheduled to a later date and/or the date upon which
service of the completed Form 2 is to be made may be extended. Upon notice to the
Court of the defendant/borrower's failure to serve the completed Form 2 within the
time frame set forth herein or such other date as agreed upon by the parties in writing
or ordered by the Court,the case shall be removed from the Conciliation Conference
schedule and the temporary stay of proceedings shall be terminated.
3. The defendant/borrower and counsel for the parties must attend the Conciliation
Conference in person and an authorized representative of the plaintiff/lender must
either attend the Conciliation Conference in person or be available by telephone
during the course of the Conciliation Conference. The representative of the
plaintiff/lender who participates in the Conciliation Conference must possess the
actual authority to reach a mutually acceptable resolution, and counsel for the
plaintiff/lender must discuss resolution proposals with the authorized representative
in advance of the Conciliation Conference. If the duly authorized representative of
the plaintiff/lender is not available by telephone during the Conciliation Conference,
the Court will schedule another Conciliation Conference and require the personal
attendance of the authorized representative of the plaintiff/lender at the rescheduled
Conciliation Conference.
4. At the Conciliation Conference, the parties and their counsel shall be prepared to
discuss and explore all available resolution options which shall include: bringing the
mortgage current through a reinstatement; paying off the mortgage; proposing a
forbearance agreement or repayment plan to bring the account current over time;
agreeing to tender a monetary payment and to vacate in the near future in exchange
for not contesting the matter; offering the lender a deed in lieu of foreclosure;
entering into a loan modification or a reverse mortgage; paying the mortgage default
over sixty months; and the institution of bankruptcy proceedings.
a
f
5. All proceedings in this matter are stayed pending the completion of the scheduled
conciliation conference.
BY THE COURT,
Kevin ess, P.J.
"I John Michael Kolesnik, Esquire
Phelan, Hallinan, LLP
1517 JFK Boulevard, Suite 1400
Philadelphia, PA 19103
For the Plaintiff
,,Zobert P. Kline; Esquire
714 Bridge Street
P. O. Box 461
New Cumberland, PA 17070-0461
For the Defendant
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PHELAN HALLINAN, LLP PEA"46 QVANIAf� Y
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
Plaintiff, Civil Division
vs.
Term
LAURA L. LUKENS
465 STATE STREET No. 2013-2114-Civil
ENOLA, PA 17025-3004
Cumberland County
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 July 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 Defendant of the Complaint in
Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage
Foreclosure Diversion Program Notice. A true and correct copy of the Affidavit of Service is
attached hereto, made part hereof and marked as Exhibit B.
319392
3. Pursuant to the Cumberland County Administrative Order February 28, 2012,
which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the
Foreclosure action is stayed for sixty (60) days from the date of service.
4. Within 60 days after service of the complaint, the Defendant may opt into the
program by filing a Request for Conciliation Conference with the Court. Upon the filing of the
request, the Court will schedule a Conciliation Conference. The program provides that
Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of
notice if not represented by counsel.
5. If more than sixty (60) days has elapsed since the service of Notice of Residential
Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the
Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the
Diversion Program.
6. Defendant failed to opt into the Cumberland County Residential Mortgage
Foreclosure Diversion Program within sixty (60) days of service.
7. Since Defendant has opted not to participate in the Diversion Program, it is
appropriate for the stay to be lifted.
WHEREFORE, Plaintiff respectfully requests that this matter be removed from the
Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic
stay be lifted.
Respectfully submitted,
PHELAN HALLINAN, LLP
Date: Z I BY: -e 6 ga9--)
osep rey chalk, Esquire
Attor for Plaintiff
319392
d
Exhibit A
317345
FORM 1
IN Ti-IE COURT OF COMMON PLEAS
WELLS FARGO BANK,N.A.. OF,CUMBERLAND COUNTY,PENNSYLVANIA
Plaintiff(s)
vs,
LAURA L:LUKENS
Defendant(s) Civil
NOTICE OF RESIDENTIAL .MORTGAGE FORECLOSURE
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential.property which is the subject of this foreclosure action,you may be able to
participate-in a court-supervised conciliation conference in an effort to resolve this matter with your lender.
t
If you do riot 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 most 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 MidPen.n 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 sound 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 lih Michael Kolesnik,Esq.,Id.
o
A.No.308877
Attorney for Plaintiff
FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket ff ;
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance,your tender 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:
CUSTOMER/PRIMARY APPLICANT
3
Borrower name(s): ,
Property Address:
City: _ talc 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: Off ce:,
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;:.
Primay.Reason for Default:
Is the loan in Bankruptcy? Yes❑ No❑
If yes,provide names, location of court; case dumber& attorney;
Assets Amount Owed: Value:
Nome: -
Other Real Estate: $
Retirement Funds: $`
Investments: $
Checking: $ $:
Savings:
Other: $ -
Automobile#1:Model- Year:
-
Amount owed: Value:
Automobile:#2: Mode[: Year: .
Amount owed: Value:_ - --
Other transportation(automobiles boats motorc cles): Model:z
_
Year: Amount owed: Value ._
Monthly Income
Narne of Employers:
1. ._Monthly Gross Monthly Net
2.. Monthly Gross,.. Monthly Net
3.:. T"riti fir Gross Monthly Net
Additional Income.Description(not wages):
7, rnari't .amount:. ....
2... monthly amount
_.:::. .y y Y Days:
,
Co-Borrower Pa
Borrower Pa Days: Y : _-
Monthly Expenses: (Please only include expenses you are currently paying)
EXPENSE... AMOUNT .... EXPENSE AMOUNT
Mort a e Food_
Utilities
Car Pay in .. Condq ei h..Fees
Auto insurance .. ........ . .. Med. (not covered)
Auto fu Oh,e'=airs: .__. Other rop. ayment
_ ..._ .
Install,,Loan:Pa merit
Cable TV
Childu 11t1:1im. S fending Money
Other Ex'enses
Da,.LCh�ld Care/"Tuit:. - -
Amount Available for Monthly Mortgage Payments Based 6n Income&Expenses:
Have you been working with a Housing Counseling Agency?
Yes❑ No,n .
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 0 No[]
If yes, please indicate the status of the application:r
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
I1We,, authorize the above named
to use/refer this information to my lender/services for the sole purpose of evaluating.my
financial situation for possible mortgage opeions. I/We understand that I/we am/are under no obligation to
use the counseling services provided by the above named
'$orrower Signature Date
Co-Borrower Signature Date
Please forward this document along with the follow ing'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)
o-�
cm
PHELAN HALLINAN,LLP ATTORNEY FOR PLA�
John Michael Kolesnik,Esq.,Id.No.308877
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
215-563-7000
IN'THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA
WELLS FARGO BANK,N.A.
3476 STATEVIEW BOULEVARD CIVIL DMSION
FORT MILL,SC 29715
Plaintiff, NO.:
VS.
LAURA L. LUKENS
465 STATE STREET
ENOLA,PA 17025-3004
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, LAURA L.,LUKENS, is an individual whose last known address
is 465 STATE STREET., ENOLA,PA 17025-3004.
Wle tW*by-0g1*0*
V1 Oln-to be.A Vue ow .
062-PA-V3 a .
Oon d COW Of#0
orial �Mwd �.
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 iii 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
t
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 INFORMA'T`ION ABOUT AIRING 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 N: 319392
PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF
John Michael Kolesnik, Esq., Id. No.308877 ,
1617 JFK Boulevard; Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA
WELLS FARGO BANK,N.A.
3476 STATEVIEW BOULEVARD CIVIL DIVISION
FORT MILL,SC 29715
Plaintiff, NO.:
vs.
LAURA L. LUKENS
465 STATE STREET
ENOLA, PA 17025-3004
Defendant.
CIVIL AC'1 10N:-_.C.OIVIPLAINT.:IN"MORTGAG.E FORrCLf)S>v1 2V
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, LAURA L: LUKENS, is an individual whose last known address
is 465 STATE STREET, ENOLA, PA 17025-3004.
062-PA-V3
3. WELLS FARRGO 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
Not&is marked Exhibit "A", attached hereto and made apart hereof.
4. On or about April 17, 2008, LAURA L. LUKENS made, executed and delivered
to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC AS NOMINEE FOR
CARDINAL FINANCIAL COMPANY, LTD. PARTNERSHIP a Mortgage in the original
principal amount of $84,955.00 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. 200813952. The Mortgage is a
matter of public record and is incorporated herein by reference in. accordance with Pa.R.C.P.
1.019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if
those documents are of public record.
5. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded February
22, 2012, the mortgage was assigned to WELLS 'FARGO BANK, N.A which Assignment is
recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 201205195.
The Assignment is a matter of public record and is incorporated. herein by reference in
accordance with .Pa.R.C.P. 1019(8), which rule relieves the Plaintiff from its obligation to attach
documents to pleadings if those documents are of public record.
6. LAURA L. LUKENS 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 July 1, 2012.
062-PA-V3
8. As of 04/08/2013, the amount.due and owing Plaintiff on the mortgage is as
follows::
Principal Balance $ 80,979.92
Interest $4,832.51
06/01/2012 through 04/08/2013
Late Charges $ 591.34
Property Inspections $200.00
escrow Deficit $ 1,306.25
TOTAL $8'7,910.02
plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania
Law, actually and reasonably incurred by Plaintiff, including but not limited to, costs (including
escrow advances)and Plaintiff's attorneys' fees and expenses. Plaintiff reserves the right to file
a motion in the above-captioned action to add such additional sums authorized under the
Mortgage and Pennsylvania Law to the above amount due and owing when incurred.
9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of
Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended
in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have
been sent to the Defendant(s).
10. This action does not come under Act 91 of 1983 because the mortgage is FHA-
insured.
11. This is an in rent action only against the aforesaid mortgaged premises. Plaintiff
is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to
do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of
.personal liability in a bankruptcy proceeding, this action is in no way an attempt to re-establish
such liability.
062-PA-V3
WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the
amount due of$ 87,910.02, with interest thereon plus additional costs (including additional
escrow advances), additional attorneys' :fees and costs and.for foreclosure and sale of the
mortgaged premises.
By:
Date: r� � Jb' iGli el.Kolesnik, Esq., Id.No.308877
ttorney for Plaintiff
r
062-PA-V3
7
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i.
Exhibit "A"
1
State or Pennsylvania NOTE
APRIL 17TH, 2008
phituj ;
465 STATE STREET, ENOLA, PA . 17025
[Property Addressj
1..PARTIES
"borrower" means each person signing at.thc end of this Note, and the person's succc%ors and assigns. "Lender" means
CARDINAL FINANCIAL COMPANY, LTD. PARTNERSHIP
and its successors and aligns.
2. BORROWER'S PROMISE TO PAY; INTEREST
In return for a loan received from lrnder, Borrower promises to pay the principal sum of
EIGHTY FOUR THOUSAND NINE HUNDRED FIFTY FIVE AND N0 1100.
Dollars(U.S. $ 84,955.00 },plus interest, to the order of Lender. Interest will be charged on unpaid principal,
from the date of disbursement of the loan,proceeds by Lender, at the rate of SEVEN
percent( 7.000 %)per year until.the full amount of principal has been paid,
3. PROMISE TO PAY SECURED i
Borrower's promise to pay is secured by a mortgage, decd of trust or similar security instrument that is dated the same date
as this Note and called the "Security Instrument."The Security Instrument protects the Lender from losses which might result if
Borrower defaults under this Note.
4. MANNER OF PAYMENT
(A) Time
Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on
JUNE 1ST ,2008 Any principal and interest remaining on the first day of MAY
2039 , will be due oil that date, which is called the "Maturity Date." r
(B) .Place
Payment shall be made at 444 JACKSONVILLE ROAD, WARMINSTER, PA 18974
or at,such place as Lender may designate in writing
by notice to Borrower.
(C) Amount
Each monthly payment of principal and interest will be in the amount o1U.S. $ 565.21 This amount
will be part of a larger monthly payment required by the Security Instrument; that shall be applied to principal, interest and
other items in the order described in the Security Instrument.
(D) Allonge to this Note for payment adjustments
If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of
the allongc shall.be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of
this Note. (Check applicable box]
❑Graduated Payment Allonge ❑Growing Equity Allonge [—]Other{specify]
5. BORROWER'S RIGHT TO PREPAY
Borrower has the eight to nay tl►c debt evidenced by this Note, in whole or in part, without charge or penalty, on the first
day of any month. Lender shall accept prepayment on other days provider that borrower pays interest on the amount prepaid for
the remainder of the month to the extent required by Lender and,permitted by regulations of the Secretary. If Borrower makes a
partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in
writing to those changes.
wn trrt,r®rt: l
d
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I
6. BORROWER'S FAILURE TO PAY
(A) Late Charge for Overdue Payment
If Lender has not received the full monthly payment required by the Securi y lnstniment,a's dcscfibcd'inlParhgraph
4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount
of FOUR percait( 4.000.... %+� ,.of the_over ye amount of crich pay+n+it.
.A j:
(B) Default 'ai!:•':.-Pr�,:dt.71 '!t~r+rr, •.,.' .. .,.f_
if Borrower defaults by failing to pay in full any monthly paymcni,,then11:0 cr=may,tcxcept.as,ltmitcd'by regulations
of the Secrete in the case of payment defaults, require immediate payment in full of the principal balance remaining duc find
P q
O' Y
all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent
default. In many circumstances regulations issued by the Secretary will limit Lendcr^s rights to require immediate payment in
full in the case of payment defaults.This Note does-not authorize acceleration when notpermifted ey HUD regulations. As used
in this Note, "Secretary" mcans the Secretary of Housing and Urban Development or his or her designee.
(C) PAyment.iif Costs i9nd Expenses
,If Lendcr!ht+c rcguircd tnimcdtate pays .cnt in full, as described above.Lender may require Borrower-to pay costs and
expenses tttc"ludtng ect.sonabte and,cutitottittry:atto"Micys' fees for enforcing this Note to the extent not prohibited by applicable
law. Such fees andl:r atti fintt'bcarr iffterdsi'firom flie,date of disbursement at the same rate us the principal of this Note.
7.WAIVERS
Borrower 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 Lender to demand payment of amounts due. "Notice of dishonor"mcans the
right to require Lender to give notice to other persons that amounts due have not been paid.
8.GIVING OF NOTICES
Unless applicable law requires a different method, any notice that,must be given to Borrower under this Note will be given
by delivering it or by mailing it by first class mail to Borrower at the ,property address above or at a different'address if
Borrower has given Lender a notice of Borrower's different address.
Any notice that must be given to Lender under this Note will be given by first class mail'to Lendcr at the address stated in
Paragraph 4(B)or at a different address if Borrower is given a notice of that different address.
9.OBLIGATIONS OF PERSONS UNDER THIS NOTE
If inorc than line:pefsan'sigasAbig Ndfc- cacti persan'ts fully'ttnd persbfially obl:igatdd,to-kee0 all of_the prnrnises;madc-iiv
this Note, i tic ludi'rig:the itrorn se q pay tlic"fiJiPornount,owed', ,Any•person.°who is a.guaramor;,surety or.:cndorser of'this NoWis
also obligated to,dU chit:fh ng, An' perSCSn::who'tc k4s nvc ihcst u1'lcgal 10rt.s, Iiicliiclrnb'ttaG tibli:ghYi9ns of ii,gutfran or, surety,
or endorser of'this Now, t�:nlso obta jatcd'fo keep till_othee protruses.mnde in this Notc, Lcridor'may'cnfiSrcq its-rights undtr-III is
Note against each person individually or against all signatories together• Any one person signing this Note may be required to
pay all of the amounts owed under this Note.
This is a contract under seal and may be enforced under 42 PA. C.S. Section 5529(b).
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in-this Note.
to 1 Lu�1t�r`n (Seal) (Seal)
LAURA L LUKENS -Borrower Borrower
(Seal) `• (Se,l)'
-Borrower _Borrower
(Seal) (Seal) .
-Borrower Bom,wer +.
(Seal) (Seal)"
-Borrower -Borrower
` Pape 2 of 2
WITHOUT RECOURSE PAY TO THE ORDER�
Weill Fivp awk
Colleen S. Marks, Asst Vice President
WITHOUT RECOURSE
PAY TO THE ORDER OF
WL $FARGO -A.
By,
Scoit.M.Swanson
Assistant Vice President
A
r
f
Exhibit "B9
LEGAL DESCRIPTION
ALL THAT CERTAIN piece or parcel of land, with improvements thereon erected, situate in
East Pennsboro Township, Cumberland County, Pennsylvania, being more particularly bounded
and described as follows:
BEGINNING at a point on the North side of State Street, formerly State Road;thence by lot now
or formerly of George Weber, North thirty-two(32) degrees East, one hundred .forty-eight (148)
feet to a post, the southern side of an alley; thence South fifty-eight and one-half(58 1/2) degrees
East, sixteen(16)feet nine (09) inches, more or less, to the western line of property No. 463
State Street;thence South thirty-two (32) degrees West, one hundred forty-four(144) feet six
(06)inches, more or less, to the North side of State Street, formerly State Road;thence along
said State Street North fifty(50) degrees West, sixteen(16)feet five(05)inches, more or less, to
a point,the place of BEGINNING.
HAVING THEREON erected a three story frame dwelling house known as and numbered 465
State Street.
UNDER AND SUBJECT, nevertheless, to the conditions, restrictions, agreements, easements;
rights of way, encumbrances and all other matters of record or that which a physical inspection
or survey of the premises would reveal.
PROPERTY ADDRESS: 465 STATE STREET,ENOLA,PA 17025-3004
PARCEL#45-16-1050-038
File#: 319392
VERIFICATION
Linwood Williams , hereby states tha&she is Vice President Loan
Documentation of WELLS FARGO .BANK.,N.A., plaintiff in this matter, tha ht * 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 her
us
information and belief The undersigned understands that this statement is made subject
to the penalties of 18 Pa. C.S. See. 4904 relating to nsworn falsification to authorities.
F
Name: Linwood Williams
Title: Vice President Loan Documentation
Company: Wells Fargo Bank,N.A.
Date: 04/10/2013
086-PA-V2 File 1131.9392
Exhibit B
319392
SHSRIFPS OF ICS OF CUMBERLAND COUNT`
konny A'Anderson
Slierrlf
�tydy S. mFth' .
Sofiaitor' thFf�cE oK ii�8'koor
`:Weiis.oargoaBank,'NA. Case WUmbsr
vk
t aura t.'lukens 201 2114'
9HEkl0F'S RETURN OF SERVIC
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PHELAN HALLINAN, LLP
Joseph P. Schalk, Esq., Id. No. 91656
126 Locust Street
Harrisburg, PA 17101
215-563-7000 Attorney for Plaintiff
WELLS FARGO BANK, N.A. Court of Common Pleas
3476 STATEVIEW BOULEVARD
FORT MILL, SC 29715 Civil Division
Plaintiff,
vs. Term
LAURA L. LUKENS No. 2013-2114-Civil
465 STATE STREET
ENOLA, PA 17025-3004 Cumberland County
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:
LAURA L. LUKENS
465 STATE STREET
ENOLA, PA 17025-3004
Date: K By.
ose h Scha k, Esquire
Att ney for Plaintiff
319392
WELLS FARGO BANK,N.A. : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. : CIVIL ACTION—LAW
LAURA L. LUKENS, •
Defendant •
IN RE: PLAINTIFF'S MOTION TO LIFT CONCILIATION STAY
ORDER
AND NOW, this 3'.4- day of July, 2013, it appearing that the defendant has filed a
request for a conciliation conference,the Motion of the Plaintiff to Lift Conciliation Stay is
DENIED.
BY THE COURT,
Kevin . Hess, P. J.
✓Joseph Schalk, Esquire
126 Locust Street
Harrisburg, PA 17101
- !ert P. Kline, Esquire
P. O. Box 461
New Cumberland, PA 17070-0461
:rljn
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WELLS FARGO BANK,N.A. IN THE COURT OF COMMON PLEAS OF ,
Plaintiff CUMBERLAND COUNTY, PENNSYLVANR Z�,- --�
rn C= r)
VS. CIVIL ACTION-LAW '
r
NO. 13-2114 CIVIL '
LAURA L. LUKENS
Defendant 7 r' A
IN RE: CONCILIATION CONFERENCE c',
Present at a conciliation conference held August 9, 2013, were Troy Sellars, Esquire,
attorney for the plaintiff, Robert P. Kline, Esquire, attorney for the defendant; and the
homeowner, Laura L. Lukens.
Timely submissions have been made to the bank for the purpose of loan modification
consideration. The bank still requires bank statements with regard to deposits made on account
of rental income. These documents will be forthcoming as soon as the next two monthly
deposits are made.
A continued conciliation conference is set by order of even date herewith.
ORDER
AND NOW, this 1' day of August, 2013, a continued conciliation conference is set
for Friday,November 8, 2013, at 2:30 p.m. in Chambers of the undersigned.
BY THE COURT,
Kevin . Hess, P. J.
� D. Troy Sellars, Esquire
126 Locust Street
Harrisburg, PA 17101
For the Plaintiff
�ert P. Kline, Esquire
P. O. Box 461
New Cumberland, PA 17070-0461
For the Defendant
Am
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WELLS FARGO BANK,N.A. : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. : CIVIL ACTION—LAW
: NO. 13-2114 CIVIL
LAURA L. LUKENS,
•
Defendant
IN RE: CONCILIATION CONFERENCE
ORDER
AND NOW, this r day of November, 2013, at the request of counsel,the
conciliation conference set for November 8, 2013, is continued to Thursday, December 5, 2013,
at 4:00 p.m. in Chambers of the undersigned.
BY THE COURT,
A
Kevin . Hess,P. J.
✓D. Troy Sellars, Esquire
126 Locust Street
Harrisburg, PA 17101
For the Plaintiff
✓Robert P. Kline, Esquire
P. O. Box 461 c-)
New Cumberland, PA 17070-0461
For the Defendant zrn o ^-
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WELLS FARGO BANK,N.A. IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION—LAW
NO. 13-2114 CIVIL
LAURA L. LUKENS,
Defendant
IN RE: CONCILIATION CONFERENCE
ORDER
AND NOW, this 1P day of December, 2013, it appearing that the defendants have
been granted a trial loan modification, the conciliation conference set for December 5, 2013, is
continued generally.
BY THE COURT,
X/
Kevi A. Hess, P. J.
V/D. Troy Sellars, Esquire
126 Locust Street
Harrisburg, PA 17101
For the Plaintiff
Robert P. Kline, Esquire A
P. O. Box 461
New Cumberland, PA 17070-0461 a
For the Defendant
:rlm
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s
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
e
Attorney For Plaintiff
III AUG 2 I QBE 'P1 /0 0s
PENNSYL O COUNTY
WELLS FARGO BANK, N.A.
Plaintiff
v.
LAURA L. LUKENS
Defendant(s)
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 13-2114 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.
n Please Vacate the J dgment entered.
Date: V PHELA
y:
Courtenay R. Dunn, Esq., Id. No.206
Attorney for Plaintiff
PH # 813150
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.
LAURA L. LUKENS
Defendant(s)
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 13-2114 CIVIL
I hereby certify true and
regular mail to the person(s) on
ROBERT P. KLINE, ESQUIRE
714 Bridge Street
PO Box 461
New Cumberland, PA 17070
Date:
4[Nti
CERTIFICATION OF SERVICE
correct copies of the foregoing Plaintiffs Praecipe was served by
the date listed below:
PHELAN HAIL LLP
By.
Courtenay R. Dunn, Esq., Id. No.2067
Attorney for Plaintiff