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Home My WebLink About13-2334 Supreme Court of Pennsylvania CourV Common Pleas tr.. For Prothonotary Use Onl c y: ivil.' ovef beet r _ CUMBERLANDr N ' County Docket No: The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the rlin and service o pleadirr s or other papers as required by law or rules of court. S Commencement of Action: ❑O Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: WELLS FARGO BANK, NA, Lead Defendant's Name: MELANIE J. SHIRK A/K/A MELANIE T. SUCCESSOR BY MERGER TO WACHOVIA BANK, NA SHIRK I Are money damages requested? ❑ Yes ❑x No Dollar Amount Requested: ❑ within arbitration limits (Check one) 0 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: Melissa J. Cantwell Esq., Id No 308912 Phelan Hallinan LLP ❑ Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other . ❑ Product Liability (does not S include mass tort) ❑ Employment Dispute: ❑ Slander/Libel/ Defamation Discrimination E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T I MASS TORT ❑ Other: 0 ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - 'DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration B ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin • Legal ❑ Quiet Title ❑ Other: • Medical ❑ Other: ❑ Other Professional: Pa.R.C.P. 205.5 Updated 01/01/2011 ,,.. FILED-O ?013 APR 29 p f, 22 CUMBERLAND COUNTY P L. c NNSYLVANIA PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF Melissa J. Cantwell, Esq., Id. No.308912 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, NA, SUCCESSOR BY MERGER TO WACHOVIA BANK, NA CIVIL DIVISION 3476 STATEVIEW BOULEVARD 22 FORT MILL, SC 29715 NO.: Plaintiff, vs. MELANIE J. SHIRK A /K/A MELANIE SHIRK SCOTT E. SHIRK 22 HAMILTON ROAD BOILING SPRINGS, PA 17007 -9762 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 228 WALNUT STREET, SUITE 220, PO BOX 11754 HARRISBURG, PA 17108 -1754 Defendants. CIVIL ACTION — COMPLAINT IN MORTGAGE FORECLOSURE And now comes WELLS FARGO BANK, NA, SUCCESSOR BY MERGER TO WACHOVIA BANK, NA, by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage Foreclosure as follows: Q 062 -PA -V3 �(,� 1 e) 1. The Plaintiff is WELLS FARGO BANK, NA, SUCCESSOR BY MERGER TO WACHOVIA BANK, NA, 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). 2. The Defendants, MELANIE J. SHIRK A/K/A MELANIE SHIRK and SCOTT E. SHIRK, are individuals whose last known address is 22 HAMILTON ROAD, BOILING SPRINGS, PA 17007 -9762. 3. The Defendant, THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA, is an individual whose last known address is 228 WALNUT STREET, SUITE 220, PO BOX 11754, HARRISBURG, PA 17108 -1754. 4. WELLS FARGO BANK, NA, SUCCESSOR BY MERGER TO WACHOVIA BANK, NA, directly or through an agent, has possession of the Promissory Note. WELLS FARGO BANK, NA, SUCCESSOR BY MERGER TO WACHOVIA BANK, NA 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. 5. On or about April 30, 2007, MELANIE SHIRK and SCOTT E. SHIRK made, executed and delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC AS NOMINEE FOR WACHOVIA MORTGAGE CORPORATION a Mortgage in the original principal amount of $195,000.00 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 1990, Page 4987. 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. 062 -PA -V3 6. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded February 6, 2012, the mortgage was assigned to WELLS FARGO BANK, NA, SUCCESSOR BY MERGER TO WACHOVIA BANK, NA which Assignment is recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 201203557. The Assignment is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 7. MELANIE J. SHIRK A/K/A MELANIE SHIRK and SCOTT E. SHIRK are record and real owners of the aforesaid mortgaged premises. 8. Defendants are in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the monthly installments of principal and interest due August 1, 2012. 9. As of 04/11/2013 the amount due and owing Plaintiff on the mortgage is as follows: Principal Balance $ 184,358.89 Interest 07/01/2012 Through 04/11/2013 $ 6,270.24 Late Charges $ 253.85 Property Inspections $ 75.00 Escrow Deficit $ 2,193.51 Suspense Balance ($450.00) TOTAL $ 192,701.49 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 Plaintiffs 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. 062 -PA -V3 10. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and /or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s). 11. The United States of America is made a Defendant herein pursuant to 28 U.S.C. 2410, because of federal tax liens that have been filed with the Prothonotary of CUMBERLAND County in the Judgment Index Unit as follows: (A). United States vs. SCOTT E. SHIRK; CUMBERLAND Docket No. 2005- 06004; Filed 11/21/2005; in the amount of $27,299.10 12. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability in a bankruptcy proceeding, this action is in no way an attempt to re- establish such liability. WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $ 192,701.49 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: Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff 062 -PA -V3 Exhibit "A" APR /30 /2007/MON Ol 36 PM SECURED LAND NOTE April 30, 2007 Camp Hill Pennsylvania VDW) [City] . (State) 22 Hamilton Road, Boiling Springs, PA 17007 (Properly Address) 1, BORROW>iVit'S PROMISE TO PAY In return for a loan that I have received, 1 promise to pay U.S. $ 195t000-00 ()his amount is called "Principal "), plus interest, to the order of the Lender. The Lender is WaChOVia Mortgage Corporation I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note, The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." Z. INTEREST Interest will be charged on unpaid principal until the fall amount of Principal has beep paid I will pay interest at a yearly rate of 6.250 %, The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3, PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1st day of each month beginning on June, 2007 1 will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on May 1, 2037 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at 1100 Corporate Center Drive, Raleigh, NC 27 607 or at a different place if required by the Note Holder. (18) Amount of Monthly Payments My monthly payment will be in the amount of U. S. S 1, 200.65 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that 1 am doing so. I may not designate a payment as a Prepayment if l 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 Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. hirk MULTISTATE FIXED RATE NOTE - Single Famlly- Fannie MaeiFraddle Mac UNIFORM INSTRUMENT 10 4 5N (0207) Forth 3210 11 1 VNr McRrGAGE FORM$ • (600)621.72 ,- Pepe 1 Or 3 inilWo APR /30/2007/MON 0 ?r:36 P4 SECURED LAND 5. 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 refltnd reduces principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S )FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments y �y payment If the Note Holder has not received the fail amount of an nso a ent the end of 1?lf teen caleadar days after the date it is due. I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the fall amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. . g. OBLIGATIONS OF PI✓RSONS 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 fall 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 tho obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. . Shirk Form WAgol (Q--eN (0207) Pap 2 of s �hirk APR /30/2007/MON 02•.36 PM SECURED LAND 10. UNTFORM SECMMID NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (tho "Security Instrument "), dated tho same date as this Note, protects the Note Bolder 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: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, lender may require immediate payment in full of all sums secured by this Security Instrumont. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Low, If bender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to 'pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. , THE HAND(S) AND SBAL(S) OF THE UNDEP SIGNED. a (seal) (Sean 8riie J Shirk - Borrower - Borrower (sue) (Seal) - Borrower - Borrowor I i (Seal) (mil Borrower - Borrower i (Seal) . (seal) - Borrower PAY TO THE ORDER OF - Borrower PAY 1U THE ORDER OF ti9tA0ti iY1A �, �ir Original only] SK NATIONALASSOCIAn WITHOUT RECOURSE VVACHOVIA SANK, NAT104NAL ASSOCIATION WITHOUT RECOURSE WACHOVIA MORTGAGE CORPORATION EY : _____1`Sc ' Assistant Vice Presid Shirk �Y Assistant Vice Prosiden! veoea ors KAREN DAV!G Form 3200 1101 (-6N (0207) KAREN DAVIS �hirk Exhibit "B" LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Eastern side of Hamilton Road (T -670), at the corner of property now or formerly of the V.F.W.; thence along the latter, North 75 degrees 17 minutes East, 220 feet to an iron pin at corner of property now or formerly of Harry V. and Marlene E. Gouse; thence along the latter, South 03 degrees 45 minutes West, 100 feet to an iron pin; thence still along the same, South 75 degrees 17 minutes West, 220 feet to an iron pin on the Eastern side of Hamilton Road; thence along the latter, North 03 degrees 45 minutes East, 100 feet to a point, the place of BEGINNING. BEING known and numbered as 22 Hamilton Road, Boling Springs, Pennsylvania. UNDER AND SUBJECT to covenants, conditions, reservations, restrictions, easements and right of ways of record. PROPERTY ADDRESS: 22 HAMILTON ROAD, BOILING SPRINGS, PA 17007 -9762 PARCEL # 40 -28- 2100 -022 File #: 313201 VERIFICATION Denise Goldston, hereby states that he sh 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 nformation and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: Denise Goldston Title: Vice President Loan Documentation Company: Wells Fargo Bank, N.A. Date: 04/15/2013 086 -PA -V2 File #313201 FORM 1 IN THE COURT OF COMMON PLEAS WELLS FARGO BANK, NA, SUCCESSOR BY OF CUMBERLAND COUNTY, PENNSYLVANIA MERGER TO WACHOVIA BANK, NA Plaintiff(s) r7 c C� vs. rn r - MELANIE J. SHIRK A /K /A MELANIE SHIRK U) CD SCOTT E. SHIRK — THE UNITED STATES OF AMERICA C/O THE o ri UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Q 2 T� Defendant(s) J J ivilj 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: APR 2 6 2013 Date Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: CUSTOM ER/PRIMARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? CO-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ 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 #I: Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: I. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 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 Su ort/Alim. Spending Mone Da /Child Care /Tuit. Other Expenses Amount Available for Monthly Mortgage .Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan 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 Uwe am /are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249 -3166 (800) 990 -9108 File #: 313201 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-e Sheriff X11" T HE P R 0 T H 0 40 Jody S Smith ?313 PAY IS Ni 1: 12 Chief Deputy Richard W Stewart j = UMBERLAW Cotj�.-ry Solicitor OFF CC OF THE SYERIF'- PENNSYLVANIA" Wells Fargo Bank, N.A. vs. Case Number Melanie J. Shirk(et al.) 2013-2334 SHERIFF'S RETURN OF SERVICE 05/06/2013 06:22 PM-Deputy Shawn Harrison, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in MVrtgage closure by "personally"handing a true copy to a person representing themselves a efe dant,to wit: Scott Shirk at 22 Hamilton Road, South Middleton, Boiling Springs, PA 1700 Vorp S HA SON, DEPUTY 05/06/2013 06:22 PM-Deputy Shawn Harrison, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in MQrtgageKoreclosure by handing a true copy to a person representing themselves to be Scott Shirk, husba of efe dant,who accepted as"Adult Person in Charge"for Melanie J. Shirk at 22 Hamilton Road, S h iddl on, Boiling Springs, PA 17007. SHOAWN HA ON, DEPUTY SHERIFF COST: $50.78 SO ANSWERS, May 08, 2013 RbNW R ANDERSON, SHERIFF (c)CovntySuite Sheriff,Teleosoft Inc. t AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK,NA,SUCCESSOR BY MERGER TO rnap C WACHOVIA BANK,NA PHS#313201 Z�6 = -S M :)of=2r. :)of= DEFENDANT SERVICE TEAM/kal -GD t` MELANIE J.SHIRK COURT NO.:13/2334 Cd SCOTT E.SHIRK Tt C) --• THE UNITED STATES OF AMERICA C/O THE UNITED STATES x ATTORNEY FOR THE MIDDLE DISTRICT OF PA SERVE THE UNITED STATES OF AMERICA C/O THE UNITED TYPE OF ACTION -°C (M STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA AT: XX Mortgage Foreclosure MAIN JUSTICE BUILDING XX Civil Action 950 PENNSYLVANIA AVENUE,N.W. WASHINGTON,DC 20530 SERVED Served and made known to THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA,Defendant on the f f� ay of _,20 la,at tg X15,o'clock 1.M.,at 5&yyLt 4 to the manner described below: _Defendant personally served. Adult family member with whom Defendant(s)reside(s). Relationship is _Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s)reside(s). :?Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. _Other: Description: Age Height(9�l Weight/7'5 Race 5WISex M Other I,/0-M a competent adult,being duly sworn according to law,depose and jN hat I personally handed a true and correct copy of the Foreclosure Complaint in the manner as set forth h( '�SS�re ld*� aptioned case on the date and at the address indicated above. • P •0'NNEAtj i. •:� Sworn to and subscribed before me this da y =a::0 t2° ' of�I.t�tl,2015. No ry: By: % ' op V�VQ J� NOT SERVED �• ........... •• �O the d 20_,at o'clock_.M.,I, a comp�t&n agi3y�state that Defendant f�TO O D ecause: _Vacan _Does Not Exist _Moved _Does Not Reside(Not Vacant) _No Answer on at at Service Refused Other: Sworn to and subscribed before me this day of 120— By: Notary: ATTORNEY FOR PLAINTIFF Chrisovalante P.Fliakos,Esq.,Id.No.94620 Lawrence T.Phelan,Esq.,Id.No.32227 Courtenay R.Dunn,Esq.,Id.No.206779 Francis S.Hallinan,Esq.,Id.No.62695 Allison F.Zuckerman,Esq.,Id.No.309519 Daniel G.Schmieg,Esq.,Id.No.62205 Melissa J.Cantwell,Esq.,Id.No.308912 Michele M.Bradford,Esq.,Id.No.69849 Mario J.Hanyon,Esq.,Id.No.203993 Judith T.Romano,Esq.,Id.No.58745 John M.Kolesnik,Esq.,Id.No.308877 Jenine R.Davey,Esq.,Id.No.87077 Matthew G.Brushwood,Esq.,Id.No.310592 Lauren R.Tabas,Esq.,Id.No.93337 Zachary J.Jones,Esq.,Id.No.310721 Jay B.Jones,Esq.,Id.No.86657 Justin F.Kobeski,Esq.,Id.No.200392 Andrew L.Spivack,Esq.,Id.No.84439 Adam Davis,Esq.,Id.No.203034 JOSEPH E.DEBARBERIE,Esq.,Id.No. One Penn Center at Suburban Station WELLS FARGO BANK, NA, SUCCESSOR BY IN THE COURT OF COMMON PLEAS OF MERGER TO WACHOIVIA BANK, NA CUMBERLAND COUNTY, PENNSYLVQA Plaintiff ; rn `�"F V. CIVIL ACTION No. 13-2334 r CO � MELANIE J, SHIRK A/KlA MELANIE SHIRK : Mortgage Foreclosure Z_C) c AND SCOTT E.SHIRK , t`•' Defendants REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order governing the Cumberland County Residential Mortgage Foreclosure Diversion Program,the undersigned hereby certifies as follows; 1. Defendants are the owners of the real property subject of this mortgage foreclosure action; 2. Defendants live in the subject property,which id Defendants'primary residence; and 3. Defendants have been served with a Notice of Residential Mortgage Foreclosure Diversion Program and have taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verify that the statements made herein are true and correct, pursuant to the penalties of 18 Pa. §4904 relating to unsworn falsification to authorities. Respectfully submitted, LAW OFFICES OF ROB WAL , LLC Date: Z � Robert M.Wa r Attorney I.D.No.86340 3810 Market Street, Suite B Camp Hill, PA 17011 717)761-1200 Attorney for Defendants Date: Melanie .S irk Date: - c tt E. Sh•rk'' ;% CERTIFICATE OF SERVICE I, Robert M. Walker, hereby certify that on ?�2013, a true and correct copy of the foregoing document was served this day upon the following by U.S. First Class Mail, postage prepaid, addressed to: Melissa J. Cantwell, Esq, Phellan Hallinan, LLP 1617 JFK Boulevard,Suite 9400 One Penn Center Plaza Philadelphia,PA 19103 Attorney for Plaintiff Robert , Walker ' Attorney I.D. Mo.86340 3810 Market Street,Suite B Camp Hill, PA 17011 717)761-1200 Attorney for Defendants LIMITED REPRESENTATION AGREEMENT: MORTGAGE FORECLOSURE DIVERSION PROGRAM This Agreement for legal representation and services is between �p�� `►/r V1)U C_e a volunteer with the Cumberland County Mortgage Foreclosure Diversion Program, hereafter called the "Legal Representative," andp� ��s�J/Z`� , hereafter called the "Client." The Client authorizes the Legal Representative to represent the Client in the Cumberland County Mortgage Foreclosure Diversion Program. The Client understands that this is a limited representation agreement, and the Legal Representative is not obligated to provide continuing representation to the Client after the initial Conciliation Conference and any rescheduled or supplemental Conciliation Conferences. By signing this document, the Client understands and agrees to the limited scope of this representation. If the Client's case does not get resolved through the Conciliation process, the Legal Representative and the Client may decide to continue the representation of the Client in the Mortgage Foreclosure itself, but that representation would be by separate application and agreement and is not included in this agreement. The Legal Representative will assist with the Foreclosure Diversion Program but will not file legal documents in the case (other than any needed to continue with the Diversion Program) and will not enter an appearance in the foreclosure case. The Client understands that continuing representation in the Diversion Program is not guaranteed. I HAVE THE FOLLOWING RIGHTS AS A CLIENT: 1. To be consulted before any significant decision (including a settlement proposal) is made on my behalf, and to be given sufficient information to make an informed decision. 2. To have information regarding my case kept confidential. However, my Legal Representative may discuss certain facts of my case with other parties, to the extent that it is necessary for effective representation in this case. AS A CLIENT I PROMISE TO DO THE FOLLOWING: 1. To consult with and cooperate with my Legal Representative, especially before communicating any decisions to opposing counsel or the lender, during the conciliation process of this Program. 2. To provide the necessary financial and other information needed as part of the Diversion Program. LEGAL REPRESENTATIVE'S OBLIGATIONS: 1. To represent the Client free of charge, accepting no attorneys' fees from the Client. 2. To give the Client zealous but limited representation in the above-described legal matter. r - Clie / Dat �`- -23�� L gal Representative p Date WELLS FARGO BANK,N.A., IN THE COURT OF COMMON PLEAS OF SB/M/TO WACHOVIA BANK, CUMBERLAND COUNTY, PENNSYLVANIA N.A., Plaintiff MW trl?` rn r� - i v- - 'J1 vs. CIVIL ACTION , -�3 ° CD NO. 13-2334 CIVIL 4 '' MELANIE J. SHIRK A/K/A MELANIE SHIRK AND SCOTT E. : SHIRK, _< Defendants CASE MANAGEMENT ORDER AND NOW,this 1D_q day of July, 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 ongU,A 30,dU 13, at 11.'34 Q,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 r. 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. u 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, f✓ Kevi . Hess, P.J. Melissa J. Cantwell, Esquire Phelan, Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 F Plaintiff /or the Plainti Robert M. Walker, Esquire 3810 Market Street, Suite B Camp Hill, PA 17011 For the Defendants Am �' l0�12 WELLS FARGO BANK, NA, SUCCESSOR BY : IN THE COURT OF COMMON PLEAS OF MERGER TO WACHOIVIA BANK, NA : CUMBERLAND COUNTY, PENNSYLVANIA • Plaintiff • v. CIVIL ACTION No. 13-2334 MELANIE J. SHIRK A/K/A MELANIE SHIRK : Mortgage Foreclosure EST AND SCOTT E. SHIRK {.n'. Defendants MORTGAGE FORECLOSURE DIVERSION PROGRAM c_ N.) SERVICE OF FINANCIAL WORKSHEET Pursuant to the Case Management Order dated July 10, 2013, the undersigned counsel hereby certifies that he did on this day serve Defendants' Financial Worksheet(Form 2) upon Plaintiff lender and its counsel, via first class mail, postage prepaid, addressed as follows: Wells Fargo Bank, NA 3476 Stateview Boulevard Fort Mill, SC 29715 Plaintiff Melissa J. Cantwell, Esq. Phellan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Attorney for Plaintiff /L . Robert M. Walker Attorney I.D. No. 86340 3810 Market Street, Suite B Camp Hill, PA 17011 717) 761-1200 Attorney for Defendants under Limited Representation Agreement WELLS FARGO BANK,N.A., IN THE COURT OF COMMON PLEAS OF* S/B/M/TO WACHOVIA BANK, CUMBERLAND COUNTY, PENNSYLVANIA N.A., Plaintiff vs. CIVIL ACTION NO. 13-2334 CIVIL MELANIE J. SHIRK A/K/A MELANIE SHIRK AND SCOTT E. SHIRK, Defendants ORDER AND NOW,this 2 T-A day of August, 2013, it appearing that the defendants have filed for Chapter 13 Bankruptcy, further attempts at conciliation in this case are held in abeyance and the conciliation conference, scheduled for August 30, 2013, is continued generally. Counsel are directed to monitor the progress of this case and inform the Court of their intentions. BY THE COURT, Kevi Hess,P. J. D. Troy Sellars,Esquire For the Plaintiff v/Robert M. Walker, Esquire For the Defendants :rlm 000 3* =Mrn n-- G-j � C> C) zc r Fit E10-0 F FilrL ui TH,E PR01-11ON0 TAF; 2013 AUG 26 PM 2: 16 PHELAN HALLINAN, LLP CUMBERLAND COUNTY BY: D. TROY SELLARS,ESQUIRE PENNSYLVANIA Identification No.: 210302 126 Locust Street Harrisburg, PA 17101 Telephone: (215) 563-7000, Ext. 1360 E-mail: troy.sellars@phelanhallinan.com WELLS FARGO BANK,N.A., SUCCESSOR : COURT OF COMMON PLEAS BY MERGER TO WACHOVIA BANK,N.A. : CUMBERLAND COUNTY,PENNA. 3476 STATEVIEW BOULEVARD FORT MILL, SC 297151 Plaintiff Civil Division VS. No. 2013-2334-CIVIL MELANIE J. SHIRK, A/K/A MELANIE SHIRK SCOTT E. SHIRK 22 HAMILTON ROAD BOILING SPRINGS,PA 17007-9762 THE UNITED STATES OF AMERICA C/O, _ THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 228 WALNUT STREET, SUITE 200, PO BOX 11754 HARRISBURG, PA 17108-1754, Defendants SUGGESTION OF BANKRUPTCY TO THE PROTHONOTARY: Defendants, Scott E. Shirk and Melanie J. Shirk, filed a Chapter 13 Bankruptcy case in the United States Bankruptcy Court for the Middle District of Pennsylvania, at Docket No. 13-bk-04247-MDF, on August 16, 2013. A true and correct copy of Bankruptcy Docket is attached hereto,made part hereof and marked as Exhibit"A." Date: 02 '3 BY: �°'-- D. Troy Sella y, Esquire Attorney for Plaintiff PHS#806962 Exhibit "A" USBC PAM-LIVE- VERSION 5.1 Page 1 of 3 FMDueD,FMDueJD,Repeat-PAMB,PlnDue, CREDS,521 U.S. Bankruptcy Court Middle District of Pennsylvania(Harrisburg) Bankruptcy Petition#: 1:13-bk-04247-MDF Date filed: 08/16/2013 Assigned to: Mary D France 341 meeting: 10/03/2013 Chapter 13 Deadline for filing claims: 01/01/2014 Voluntary Deadline for filing claims (govt.): 02/12/2014 Asset Debtor represented by John Matthew Hyams Scott E.Shirk Law Offices of John M.Hyams 22 Hamilton Road 555 Gettysburg Pike Boiling Springs, PA 1.7007 Suite C-402 CUMBERLAND-PA Mechanicsburg, PA 17055 SSN/ITIN: xxx-xx-5845 71.7-766-5300 Fax : 717-298-2055 Email:jmh @iohnhyamslaw.com Joint Debtor represented by John Matthew Hyams Melanie J. Shirk (See above for address) 22 Hamilton Road Boiling Springs, PA 17007 CUMBERLAND-PA SSN/ITIN: xxx-xx-0005 Trustee Charles J.DeHart,III (Trustee) 8125 Adams Drive, Suite A Hummelstown, PA 17036 717 566-6097 Asst. U.S. Trustee United States Trustee 228 Walnut Street, Suite 1190 Harrisburg, PA 17101 717 221-4515 Filing Date # Docket Text 1 Chapter 13 Voluntary Petition . Filing fee due in the (9 pgs) amount of$ 281 AO Filed by John Matthew Hyams of Law Offices of John M. Hyams on behalf of Scott E. Shirk,Melanie J. Shirk. (Hyams,John) (Entered: 08/16/2013 08/16/2013) https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?701817740596089-L_1_0-1 8/20/2013 USBC PAM-LIVE- VERSION 5.1 Page 2 of 3 Receipt of Voluntary Petition (Chapter 13)(1:1.3-bk- 04247) [misc,volp I 3a] (281.00)filing fee. Receipt number 6546253, amount$281.00. (RE: related 08/16/2013 document(s)1). (U.S. Treasury) (Entered: 08/1.6/2013) 2 Creditor List Uploaded. (There is no image or paper document associated with this entry.)Filed by John Matthew Hyams of Law Offices of John M. Hyams on behalf of Melanie J. Shirk, Scott E. Shirk(RE: related document(s)1). (Hyams,John) (Entered: 08/16/2013 08/16/2013) 3 Certificate of Credit Counseling Filed by John (2 pgs) Matthew Hyams of Law Offices of John M. Hyams on behalf of Melanie J. Shirk, Scott E. Shirk(RE: related document(s)1). (Hyams,John) (Entered: 08/16/2013 08/16/2013) 4 Meeting of Creditors and Notice of Appointment of (3 pgs; 2 docs) Trustee Charles J. DeHart, III (Trustee), with 341(a) meeting to be held on 10/03/2013 at 10:00 AM at Federal Bldg,Trustee Hearing Rm,Rm 11.60, 11th Fl, 228 Walnut St,Harrisburg,PA. Proofs of Claim due by 01/01/2014. Government Proofs of Claim due by 02/1.2/2014. Objections to Dischargeabiiity due by 1.2/02/2013. (Docketer, Automatic) (Entered: 08/16/2013 08/16/2013) FeeDueBK flag removed. (CashReg) (Entered: 08/1.6/2013 08/19/2013) 5 Notice of missing documents. Request submitted to (3 pgs; 2 docs) BNC for mailing (RE: related document(s)1). 08/19/2013 (George,Deborah) (Entered: 08/19/2013) PACER Service Center Transaction Receipt 08119/2013 22:15:30 PACER Client Login: 9 Lo in: Code: Docket Search H 3-bk-04247-MDF Fil or Ent: Description: Report Criteria filed Doc From:0 Doc To: 99999999 Term:included Format: https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?701817740596089-L_1_0-1 8/20/2013 USBC PAM-LIVE-VERSION 5.1 Page 3 of 3 I) I�I Page counts for documents: included 1 uuincluded Billable 0.10 Pages: https://ecf.painb.uscourts.gov/cgi-bin/DktRpt.pl?701817740596089-L_1_0-1 8/20/2013 PHELAN HALLINAN, LLP BY: D. TROY SELLARS,ESQUIRE Identification No.: 210302 126 Locust Street Harrisburg,PA 17101 Telephone: (215) 563-7000,Ext. 1360 E-mail: troy.sellars@phelanhallinan.com WELLS FARGO BANK,N.A., SUCCESSOR : COURT OF COMMON PLEAS BY MERGER TO WACHOVIA BANK,N.A. : CUMBERLAND COUNTY,PENNA. 3476 STATEVIEW BOULEVARD . FORT MILL,SC 29715, Plaintiff Civil Division VS. No.2013-2334-CIVIL MELANIE J. SHIRK, A/KJA MELANIE . SHIRK SCOTT E. SHIRK 22 HAMILTON ROAD - BOILING SPRINGS,PA 17007-9762 . THE UNITED STATES OF AMERICA CIO THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA . 228 WALNUT STREET, SUITE 200, . PO BOX 11754 - HARRISBURG, PA 17108-17541 Defendants CERTIFICATION OF SERVICE TO THE PROTHONOTARY: I hereby certify that a true and correct copy of Plaintiff's Suggestion of Bankruptcy by was served on .the following at the following addresses via U.S.First Class Mail on the date listed below. PHS#806962 JOHN MATTHEW HYAMS,ESQUIRE SCOTT E. SHIRK,PRO SE LAW OFFICES OF JOHN M. HYAMS MELANIE J. SHIRK,PRO SE 555 GETTYSBURG PIKE 22 HAMILTON ROAD SUITE C-4402 BOILING SPRINGS,PA 17007 MECHANICSBURG,PA 17055 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 228 WALNUT STREET, SUITE 200, PO BOX 11754 HARRISBURG, PA 17108-1754 Date: 0�3 �� BY: �. D. Troy Sel s,Esquire Attorney for Plaintiff PHS#806962 ,PIELAN HALLINAN, LLP 'By: JOSEPH P. SCHALK, ESQUIRE Identification No.: 91656 126 Locust Street Harrisburg, PA 17101 Telephone: (215) 563-7000, Ext. 7365 E-mail: joseph.schalk@phelanhallinan.com WELLS FARGO BANK, NA, SUCCESSOR BY MERGER TO WACHOVIA BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff, vs. MELANIE J. SHIRK A/K/A MELANIE SHIRK SCOTT E. SHIRK 22 HAMILTON ROAD BOILING SPRINGS, PA 17007-9762 THE UNITED STATES OF AMERICA C/0 THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 228 WALNUT STREET, SUITE 220, PO BOX 11754 HARRISBURG, PA 17108-1754 Defendants. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 13 -2334 -CIVIL CUMBERLAND COUNTY SUGGESTION OF BANKRUPTCY RELIEF TO THE PROTHONOTARY: ry Defendant filed a Chapter 13 bankruptcy case in the United States Bankruptcy Court in the Middle District of Pennsylvania at Docket No. 13-04247 on August 16, 2013. The Honorable Judge France signed an order granting Plaintiff relief from the automatic stay on the bankruptcy by Order filed May 6, 2014. A true and correct copy of the Order is attached hereto as Exhibit A. Date: 806962 By: &Lea, ose P. Schalk, Esquire ttorney for Plaintiff Exhibit "A" UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA In Re: Scott E. Shirk Melanie J. Shirk :CHAPTER 13 Debtors. :CASE NO. 13 -04247 -MDF U.S. Bank National Association as Legal Title Trustee for Truman 2012 SC2 Title Trust Movant, v. SCOTT E. SHIRK AND MELANIE J. SHIRK Debtors, And : Hearing Date: April 1, 2014 @ 9:30 a.m. CHARLES J. DeHART, III, ESQUIRE Trustee, Respondents. ORDER MODIFYING §362 AUTOMATIC STAY Upon the application of Emmanuel J. Argentieri of the law office of Romano Garubo & Argentieri, counsel for the secured creditor, US Bank NA as Legal Title Trustee for Truman 2012 SC2 Title Trust, ("Movant"), under Bankruptcy Code section 362(d) for relief from the automatic stay as to certain real property as hereinafter set forth, and for cause shown; 1. The automatic stay of Bankruptcy Code section 362(a) is vacated to permit the Movant, its successors and/or assigns, to institute or resume and prosecute to conclusion one or more actions in the court(s) of appropriate jurisdiction to pursue the Movant's rights in the Case 1:13-bk-04247-MDF Doc 49 Filed 05/06/14 Entered 05/06/14 13:49:09 Desc Main Document Page 1 of 2 following property described below to the extent and in the manner provided by any applicable contract documents and non -bankruptcy law. 22 Hamilton Road, Boiling Springs, Pennsylvania 17007. 2. Rule 4001(a)(3) is not applicable and Movant may immediately enforce and implement this Order granting relief from the automatic stay. 3. The Movant may join the Debtors and any Trustee appointed in this case as defendants in its action(s) irrespective of any conversion to any other chapter of the Bankruptcy Code. 4. Movant, its successors and/or assigns, may pursue any and all loss mitigation options with respect to the Debtors or the real property described above including, but not limited to, repayment agreement, loan modification, short sale or deed -in -lieu of foreclosure. Dated: May 6, 2014 By the Court, Case 1:13-bk-04247-MDF Doc 49 Filed 05/06/14 Entered 05/06/14 13:49:09 Desc Main Document Page 2 of 2 4PJIELAN HALLINAN, LLP By: JOSEPH P. SCHALK, ESQUIRE Identification No.: 91656 126 Locust Street Harrisburg, PA 17101 Telephone: (215) 563-7000, Ext. 7365 E-mail: joseph.schalk@phelanhallinan.com WELLS FARGO BANK, NA, SUCCESSOR BY MERGER TO WACHOVIA BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff, vs. MELANIE J. SHIRK A/K/A MELANIE SHIRK SCOTT E. SHIRK 22 HAMILTON ROAD BOILING SPRINGS, PA 17007-9762 THE UNITED STATES OF AMERICA C/0 THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 228 WALNUT STREET, SUITE 220, PO BOX 11754 HARRISBURG, PA 17108-1754 Defendants. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 13 -2334 -CIVIL CUMBERLAND COUNTY CERTIFICATION OF SERVICE Service was made by sending a true and correct copy of the Suggestion of Bankruptcy Relief by U.S. First Class Mail on the date listed below to the following: Robert M. Walker, Esquire 3810 Market Street, Suite B Camp Hill, PA 17011 John Matthew Hyams, Esquire 555 Gettysburg Pike Suite C-402 Mechanicsburg, PA 17055 The United States of America c/o the United States Attorney for the Middle District of PA 228 Walnut Street, Suite 220, PO Box 11754 Harrisburg, PA 17108-1754/ Date: (o /-9'/ i c/ By: 806962 halk, Esquire for Plaintiff