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HomeMy WebLinkAbout13-2289 Supreme Court of Pennsylvania Court OW Commo> Pleas For Prothonotary Use Only: V,,:, �iv of Sheet CUM�I3ER6A ' AN County Docket No: The infrn°nration collected on this form is used solely for tourl administration Purposes. This form does not su pleinent or replace 1hefiling and service of 1eadin s or other papers os required by low or rules of court. S Commencement of Action: Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: WELLS FARGO BANK, N.A,, Lead Defendant's Name: RYCKITTA M. SHORT T S /B /M WELLS FARGO HOME MORTGAGE, INC. I Dollar Amount Requested: ❑ within arbitration limits Are money damages requested? El Yes 0 No Q (Check one) D outside arbitration limits N Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJ Appeal? ❑ Yes n No A Name of Plaintiff /Appellant's Attorney: Allison F. Zuckerman, Esq., Id. No.309519, 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 n 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 N Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY 0 Mortgage Foreclosure: Commercial ❑ Quo Warranto • Dental ❑ Partition ❑ Replevin • Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Pa.R.C.P. 205.5 Updated 0-1/01/2011 FORM l IN THE COURT OF COMMON PLI37AS WELLS FARGO BANK, N.A., S /B /M WELLS OF CUMBERLAND COUNTY, PENNSYFWA --t FARGO HOME MORTGAGE, INC. r Plaintiff(s) —<> c~1 VS. `D — ' RYCKITTA M. SHORT ^- � C:J ROBERT S. SHORT n ��} z'> Defendant(s) l d`o civil 1 3 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: Date son rman, Esq., Id. No.309519 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: Primaa Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles boats motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 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 Mort a e Utilities Car Payment(s) Condo/Nei h. Fees Auto Insurance Med. (not covered Auto fuel /re airs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. — Spending Mone Da /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: 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 #: 319216 1- ,- G 3 Ai 26 t' t1 !©: 3 CUMBERLAND Datlf�TY PE11jjS YLV, COO PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF Allison F. Zuckerman, Esq., Id. No.309519 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 Plaintiff, vs. RYCKITTA M. SHORT ROBERT S. SHORT 1015 KENT DRIVE MECHANICSBURG, PA 17050 -7608 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: 062 -PA -V3 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'). 2. The Defendants, RYCKITTA M. SHORT and ROBERT S. SHORT, are individuals whose last known address are 1015 KENT DRIVE, MECHANICSBURG, PA 17050- 7608. 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 December 1, 2003, RYCKITTA M. SHORT and ROBERT S. SHORT made, executed and delivered to WELLS FARGO HOME MORTGAGE, INC. a Mortgage in the original principal amount of $240,800.00 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 1847, Page 1408. 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. RYCKITTA M. SHORT and ROBERT S. SHORT are record and real owners of the aforesaid mortgaged premises. 7. Defendants are in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the monthly installments of principal and interest due December 1, 2012. 062 -PA -V3 8. As of 04/10/2013 the amount due and owing Plaintiff on the mortgage is as follows: Principal Balance $ 234,151.43 Interest 11/01/2012 Through 04/10/2013 $ 5,166.83 Late Charges $ 671.30 Property Inspections $ 45.00 Escrow Balance ($729.34) Suspense Balance ($98.82) TOTAL $ 239,206.40 plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania Law, actually and reasonably incurred by Plaintiff, including but not limited to, costs (including escrow advances) and Plaintiff's attorneys' fees and expenses. Plaintiff reserves the right to file a motion in the above - captioned action to add such additional sums authorized under the Mortgage and Pennsylvania Law to the above amount due and owing when incurred. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and /or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s). 10. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability in a bankruptcy proceeding, this action is in no way an attempt to re- establish such liability. 062-PA-V3 WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $ 239,206.40 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: A on F. uck:� , Esq., Id. No.309519 ttorney for Pla 062 -PA -V3 Exhibit "A" ADJUSTABLE RATE NOTE 0133301952 (Initial Period: Interest Only; Subsequent Period: 1 Year Treasury Index, Rate Caps) THIS NOTE PROVIDES FOR AN INITIAL PERIOD OF MONTHLY PAYMENTS OF INTEREST ONLY AT AN INITIAL INTEREST RATE AND FOR SUBSEQUENT MONTHLY PAYMENTS OF BOTH PRINCIPAL AND INTEREST. THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES, AFTER THE INITIAL PERIOD, IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE ALSO LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. DECEMBER 1, 2003 CAMP HI4L PENNSYLVANIA Date City State 1015 KENT DRIVE,_MECHANICSBURG PA 17050 (Property Address) 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. t 240,800.00 (this amount is called "Principal "), plus interest, to the order of Lander. Lander 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. Lander 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 boon paid. I will pay interest at a yearly rate of 5.000% (the "Initial Interest Rate ") for the first SIXTY (060) months of the term of this Note (the "Interest Only Period "). The Interest rate I will pay will change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay interest during the Interest Only Period, and principal and interest thereafter, by M aking a payment every month. I will make my monthly payment on the first day of each month beginning on FEBRUARY 1, 2004 - I will make those 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 Mote. Each monthly payment will b applied as of its scheduled due date and will be applied to interest before Principal. If, on JANUARY 1. 2034 , I still owe amounts under this Note, I will pay those amounts in full on that data, which is called the "Maturity Date ". I will make my monthly payments at WELLS FARGO NOME MORTGAGE INC P.O. BOX 10304 DES MOINES IA 50306 -0304 or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments Each of ■y initial monthly payments will be in the amount of V.S. f 1,003.33 , which equals one twelfth (1 /12) of the amount of yearly interest due on the Principal at the Initial Interest Rate (the "Interest Only Payments "). No payments of principal are due during the Interest Only Period. The Interest Only Payments will not reduce the Principal amount of this Note. Additional payments of principal may be made In accordaneo with Section 5 of this Note. This amount may change. (C) Monthly Payment Changes After the Interest Only Period, changes In my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my now interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The Initial Interest Rate I pay may change on the first day of JANUARY, 2009 , and on that day every 12 months thereafter. Each date on which my Interest rate could ehang0 is called a "Change Date ". Inured OnlyrAdivsbble Raft Nob t 6!4 ECOOri REV. 0e1eif02 0133301952 (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the weekly average yield on United States Treasury securities adjusted to a constant maturity of one year(s), as made available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index ". If the Index is no longer available, the Note Holder will choose a now Index based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my now interest rate by adding two and three- auarter.a percentage Points ( 2.750%.) to the Currant Index. The Note Holder will then round the result of this addition to the nearest one - eighth of one percentage point C0.125Y.). Subject to the limits stated in Section 40) below, this rounded amount will be the now Interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the now amount of my monthly payment. (D) Limits on Interest Rate Changes The Interest rate I as required to pay at the first Change Date will not be greater than 10.000% or less than 2.750 Y. . Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than Iwo percentage Points ( 2.000%.) from the rate of interest I have been paying for the preceding 12 months. My interest rate will never be greater than 10.000 Y. . (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my now monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mall to me a notice of any changes In my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal during the Interest Only Period and at any time before they are due. A payment of Principal only Is known as a "Prepayment." When I make a Prepayment, i will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment If I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayments to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due dates of my monthly payment unless the Note Holder agrees in writing to those changes. My partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate increase. 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. Intersa Only /AdjuauWo Ran Note 2 eI � EC0091 REV. 08/23102 0133301952 T. 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 and 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 (a) interest only during the In to, ast Only Period or (b) principal and interest after the Interest Only Period. (B) Default If I do not pay the full amount of each monthly payment on the date it is duo, 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 Moto 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 no 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 Moto Holder will have the right to be paid back by me for all of Its costs and expanses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorney's fees. B. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing It by first class mail to the Note Holder at the address stated in Section S(A) above or at a different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is 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 those obligations, including the obligations of a guarantor, surety or endorser of this Not *, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" moans the right to require the Moto 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 duo have not been paid. 11. UNIFORM SECURED NOTE This Note is a uniform instrument with.11mited 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 some data as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Imleren Only /Adjvs%Wo Rate Note 8 e( ♦ EC002L REV. /1/27101 0133301952 If all or any Part of the Property or any Interest in the Property is sold or transferred Car 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 Paymdnt in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exorcise is prohibited by Applicable Law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in the Security Instrument is acceptable to Lender. To the extent Permitted by Applicable Law. Lender may charge a reasonable foe as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under this Note and Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall Provide a period of not loss 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 SEALS) OF THE 11HDtRSIGNED. ' �• /� CSeal) C T�T}^}A. M. SHORT - Borrower (Seal) ROBERT S. SHORT - Borrower (Sign Original Only) Inane Ony/AdjssloWe Rats Nob • of 4 EC00fL REV. 11127/01 Exhibit "B" v LEGAL DESCRIPTION ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Townships of East Pennsboro and Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the Western right of way line of Kent Drive at the Southeast corner of Lot No. 557; THENCE along said right of way line South 14 degrees 00 minutes 00 seconds East 105.0 feet to a point being the Northeast corner of Lot No. 559; THENCE along Lot No. 559 South 76 degrees 00 minutes 00 seconds West 120.0 feet to a point at Lands of South Central Service Corporation. Hampden Square and Chet Acker; THENCE along said lands North 14 degrees 00 minutes 00 seconds West 105.00 feet to a point being the Southwest corner of Lot No. 557; THENCE along Lot No. 557 North 76 degrees 00 minutes 00 seconds East 120.00 feet to a point being the Place of BEGINNING. BEING Lot No. 558 on Final Plan No. 6 of the Highlands of Hampden Square Phase I recorded in Plan Book 53, Page 112. HAVING THEREON ERECTED a dwelling known and numbered as 1015 KENT DRIVE, MECHANICSBURG, PENNSYLVANIA. PROPERTY ADDRESS: 1015 KENT DRIVE, MECHANICSBURG, PA 17050 -7608 PARCEL # 10 -16- 1056 -135 File k 319216 VERIFICATION Denise Goldston, hereby states that he /& is Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff in this matter, that he/ he 's 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 information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: Denise Goldston Title: Vice President Loan Documentation Company: Wells Fargo Bank, N.A. Date: 04/12/2013 086 -PA -V2 File #319216 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff , Cat evil b ��1�' THE P OTHON (A i �k�1xt C�,wrr�r Jody s Smith , � 2013 MAY —3 P112.4 07 Chief Deputy �,� Richard W Stewart CUMBERLAND COUNTY Solicitor 0MCE<0 TK,$r1E.IRIrr PENNSYLVANIA Wells Fargo Bank, N.A. s/b/m Wells Fargo Home Mortgage, Inc. Case Number V& Ryckitta M Short(et al.) 2013-2289 SHERIFF'S RETURN OF SERVICE 04/30/2013 05:56 PM-Deputy Jason Kinsler, 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 Robert Short, Husband of defendant,who accepted as"Adult Person in Charge"for Ryckitta M Short at 1015 Kent Drive, Hampden Township, Mechanicsburg, PA 1 7050. JASON KINSLER, DEPUTY 04/30/2013 05:56 PM-Deputy Jason Kinsler, 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: Robert S Short at 1015 Kent Drive, Hampden Township, Mechanicsburg, PA 17050. G)— /I,-. —j-?' JA6ON KINSLER, DEPUTY SHERIFF COST: $55.30 SO ANSWERS, May 01, 2013 RbNr4Y R ANDERSON, SHERIFF {c}Couhty5uitc Sheriff,"1"cleosoft.Inc. FORM 3 IN THE COURT OF COMMON PLUS GE Y. CUMBERLAND COUNTY,PENtIWVV41ji�- WELLS FARGO BANK, N.A. S/B/Mpl ntiff(s) z� = -ur= WELLS FARGO HOME MORTGAGE, INC u5r-. VS. r-z: -.r'�, RYCKITTA M. SHORT c ROBERT S. SHORT -DeJendant(s) No. 13-2289 CIVIL , . y REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated 2/28 .2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program,the undersigned hereby certifies as follows: 1. 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 I8 Pa. C.S. §4904 relating to unworn falsification to authorities. Signature o efendant's Counsel/Appointed Date Legal Representative WIIAIAM A. DUNCAN, ESQ. �k�l &113 J )3 f Def Date A M. - Signature of Defendant Ua e ROBERT S. SHORT WELLS FARGO BANK,N.A., IN THE COURT OF COMMON PLEAS OF SB/M/WELLS FARGO HOME CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE, INC., Plaintiff VS. CIVIL ACTION NO. 13-2289 CIVIL RYCKITTA M. SHORT and ROBERT S. SHORT, Defendants CASE MANAGEMENT ORDER AND NOW,this o�S44 day of June, 2013,the parties having agreed to a conciliation 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 t /G QO/ , at 0 m. in Chambers 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 defendantiborrower'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 defendantiborrower 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. w 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, Kev' Hess, P.J. ,--Allison F. Zuckerman, Esquire Phelan, Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 For the Plaintiff ,/William A. Duncan, Esquire One Irvine Row Z r- � nn _ Carlisle PA 17013 -< For the Defendants ' - ► ' /e_,o c-a ... C- , ri du WELLS FARGO BANK,N.A., IN THE COURT OF COMMON PLEAS OF S/B/M/WELLS FARGO HOME CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE, INC., Plaintiff vs. CIVIL ACTION NO. 13-2289 CIVIL RYCKITTA M. SHORT and ROBERT S. SHORT, Defendants CONCILIATION CONFERENCE ORDER AND NOW,.this T day of August, 2013, at the request of counsel, the conciliation conference set for August 16, 2013, is continued to Friday,November 8, 2013, at 2:00 p.m. in Chambers of the undersigned. BY THE COURT, Ke;in XAIess, P. J. D. Troy Sellars, Esquire For he Plaintiff William Duncan, Esquire For the Defendants MT c� :rl �r.. m i c7E L S t -, , , la i .. l PfioTt;OnoT 2813 OCT -9 � �n Phelan Hallinan,LLP ,um„A.tttoLney For PtalAt4�l'f 1617 JFK Boulevard,Suite 1400 AND COL IN TY One Penn Center Plaza NS yLVANt Philadelphia,PA 19103 215-563-7000 WELLS FARGO BANK, N.A., S/B/M WELLS . Court of Common Pleas FARGO HOME MORTGAGE,INC. Plaintiff Civil Division vs CUMBERLAND County RYCKITTA M.SHORT : No. 13-2289 ROBERT S.SHORT Defendant PRA ECIPE TO THE PROTHONOTARY: ® Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. n Please mark the above referenced case Settled,Discontinued and Ended. n Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. I I Please mark the in rem judgment Satisfied and the action Discontinued and Ended. ❑ Please Vacate the Judgment entered. Date: /Qd � PHELA i : AN,LLP [6 By: John ''ael Kolesnik,Esq.,Id.No.308877 Attorney for Plaintiff PH#812974 . Phelan Hallinan,LLP Attorney for Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 WELLS FARGO BANK, N.A., S/B/M WELLS Court of Common Pleas FARGO HOME MORTGAGE,INC. Plaintiff Civil Division v. CUMBERLAND County RYCKI.ITA M. SHORT No. 13-2289 ROBERT S.SHORT Defendant PH#812974 CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff's Praecipe was served by regular mail to the person(s)on the date listed below: WILLIAM A. DUNCAN,ESQUIRE ONE IRVINE ROW CARLISLE,PA 17013 Date: !© ,2 PHELA, AN,LLP By: /vi hael Kolesnik,Esq.,Id.No.308877 Attorney for Plaintiff