HomeMy WebLinkAbout13-3413 Supreme Court of Pennsylvania
Court of Common Pleas For Prothonotary Use Onl
Civil Cover Sh r eet
CUIMERLAND County Docket No:
I
The information collected on this finrtn is used solely for court administration purposes. This form does not
supplement or replace the frlin g and service of pleadin gs or other papers as required h y law or rules of court.
S Commencement of Action:
❑D 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: BRENDA L. SHICK
T
I Are money damages requested? ❑ Yes Z No Dollar Amount Requested: ❑ within arbitration limits
O (Check one) ❑x outside arbitration limits
N Is this a Class Action Suit? ❑ Yes Z No Is this an MDJ Appeal? ❑ Yes ❑x No
A Name of Plaintiff /Appellant's Attorney: Adam H. Davis, Esq., Id. No.203034, Phelan Hallinan LLP
❑ Check here if you have no attorney (are a Self - Represented [Pro Sel Litigant)
Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
❑ Intentional ❑ Buyer Plaintiff Administrative Agencies
❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment
❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections
❑ Nuisance ❑ Dept. of Transportation
❑ Premises Liability ❑ Statutory Appeal: Other
❑ Product Liability (does not
S include mass tort) ❑ Employment Dispute:
❑ Slander /Libel/ Defamation Discrimination
E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board
C ❑ Other:
T
I MASS TORT ❑ Other:
0 ❑ Asbestos
N ❑ Tobacco
❑ Toxic Tort - DES
❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS
❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration
B ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment
❑ Ground Rent ❑ Mandamus
❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations
® Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto
❑ Dental ❑ Partition ❑ Replevin
❑ Legal ❑ Quiet Title ❑ Other:
❑ Medical ❑ Other:
❑ Other Professional:
Pa.R.C.P. 205.5 Updated 01/0112011
E i -'C
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AN 10:
YLVANgA COUN
PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF
Adam H. Davis, Esq., Id. No.203034
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.: �j�- 1 U l
vs.
BRENDA L. SHICK
115 EWE ROAD
MECHANICSBURG, PA 17055 -4870
WILLIAM H. SHICK, JR A /K/A WILLIAM H. SHICK
115 EWE ROAD
MECHANICSBURG, PA 17055 -4870
Defendants.
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:
6 D
O'J'Ak jt��
062 -PA -V3 9 9 1 84y
1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW
BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff').
2. The Defendants, BRENDA L. SHICK and WILLIAM H. SHICK, JR A /K/A
WILLIAM H. SHICK, are individuals whose last known address is 115 EWE ROAD,
MECHANICSBURG, PA 17055 -4870.
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 November 23, 2009, BRENDA L. SHICK and WILLIAM H.
SHICK, JR made, executed and delivered to WELLS FARGO BANK, NA a Mortgage in the
original principal amount of $210,000.00 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 Instrument No. 200940503. 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. BRENDA L. SHICK and WILLIAM H. SHICK, JR A /K/A WILLIAM H.
SHICK 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 February 1, 2013.
062 -PA -V3
8. As of 06/05/2013 the amount due and owing Plaintiff on the mortgage is as
follows:
Principal Balance $ 199,837.79
Interest
01/01/2013 Through 06/05/2013 $ 4,486.43
Late Charges $ 231.92
Escrow Balance ($346.30)
TOTAL $ 204,209.84
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 $ 204,209.84 with interest thereon plus additional costs (including additional
escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the
mortgaged premises.
z/ <
Date: /1 Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
062 -PA -V3
Exhibit "A"
NOTE
NOVEMBER 23, 2009
IDatel It:1y1 ]st:uel
115 EWE ROAD, MECHANICSBURG, PA 17055
[Properly Address]
1. BORROWER'S PRONIISI, TO PAY
III return for a loan that I have received, I promise to pay U.S. $ * * ** * 210, 000. 00 (this amount is called "Principal "),
plus inlcrest, to the Order of the Lender. The Lender is WELLS FARGO BANK, N. A.
I will make all payments under this Note in the form of cusp, check or money Order.
I understund that the Lender may transfer this Note. ']'he Lender or anyone who takes this Note by transfer and who is
entitled to receive payments under Ibis Note is called the ilNole I ]older."
2. I \'I' E; REST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly
rate of 5.250 %.
The interest rate required by This Section 2 is the rate I will pay both bcl'ore and after any default described in Section G(B)
of this Note.
3. PAYMENTS
(A) 'I'inie and Place of Payments
1 will pay principal and interest by leaking a payment every month.
I will make Illy monthly payment on the FIRST clay of each month beginning oIIJANUARY 01, 2010 I will
make these payments every month until I have paid all of the principal anti interest and ally other charges described below lllut I
may owe Tinder this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to inlcresl
before Principal. If, on DECEMBER 01, 2039 1 still owe untounts under this Note, I will pay those amounts in full on
that (laic, which is called the "Maturity Date."
I will make illy munllTly paymcntsuI ELLS FARGO HOME MORTGAGE, P.O. BOX 11701, NEWARK, NJ
071014701 or al a different place if rcyuired by the Note Holder.
(13) Amount 01' A1011 0111V PuVIIIertN
My monthly payment will be ill the amount of U.S. S * *1,159. 63
d. HORROAVER'S ItIGH7" I'O PREPAY
I have the right to make payments ul' Principal at any time before they are due. A payment ol' Principal only is known us u
"Prepayment." When I make a Prcpaymett I will tell the Note Holder in writing that I aTTn doing so. I may not designate a
payment as a Prepayment if I have riot made all the monthly payments due under the Note.
1 nuty make a full Prepaytnetit or partial Prepayments without paying a Prepayment charge. The Now Holder will use Illy
Prcpayntens to reduce the anRtunl Ill' Principal that I OwC under this Note. I-lowcvcr, the Note l-ioldcr may apply my
Prepayment to the accrued and unpaid interest on the Prepayment anuxmt, before applying my Prepayment to reduce the
Principal amount of the Note. If I make a partial Prepaymcnl, there will be no changes in the due date or in the amount of Illy
mornlhly payment unless the Note Molder agrees in writing to those changes.
Wollcf UWL`r l b UIvicus
MULTISTATE FIXED RATE NOTE - Single Family - Fannie MaefFroddio Mac UNIFORM INSTRUMENT
Initials Y ,
5. LOAN CIIARGES
ll'n law. which applies to this loan and which sets nraxiulunl loan ehargcs, is tidally interpreted So that Ilse interest or olhor
loan ehargcs collccicd or to be collected in connection with this loan cxccad the permiucd limits, then: (a) any such loan charge
Shall be rceluccd by the amount necessary to reduce the charge to the pcnnitled limit; and (b) any Sums already collected from
talc which exceeded peroiiued limit% will be refunded to Inc. The Note Holder may choose to make this rclilnd by rcducing the
Principal I owe under this Note or by making a direct payment to Inc. 11' a refUnd reduce% Principal, the reduction will he treated
aS a partial Prepayment.
G. BORRONNTI 'S FAILURE TO PAY AS REQUIRED
(A) Late Charge fur Overdue Payments
It' [lie Note Holder has not received file full amount of any monthly payment by the end of 15 calendar clays
after the date it is clue, I will pay a late charge to the Note Bolder. The amount of'the charge will be 5.000 '/, ul'
my overdue payment ol'principal and interest. I will pay this late charge promptly but only once on each lute payment.
(li) Dclaull
It' i du 1101 pay the 11111 amount Of each monthly payment on the (laic it is due, I will be in default.
(C) Notice of Del'ault
If* I ant in dclault, the Note Llolder may send me a written notice telling me that if I do not pay the overdue amount by a
certain (laic, the Note Holder may require me to pay inimedialcly the full amount of Principal which has not been paid and all
the interest that I owe on that amount. That date trust be at least 30 days afler the date on which the notice is mailed to me or
delivered by other means.
(D) No Waiver By Note Ifolder
Even if, at a time when I am in default, the Note Llolder does not require n1c tO pay iminediulcly in 11111 as dcscribcd
above, the Note Holder will still have the right to do so if I am in &&'mill at it later lime.
(I ?) Payment of Nolc holder's Cart, and EXpcnses
If the Note Holder has rcquircd me to pay immediately in Bill as dc%cribcd above, the Note Holder will have the right to
be paid back by Ire liir all of its costs and expenses in enforcing this Note to the extent not prohihitcd by applicable law. 'Phase
expenses include, liar example, reasonable attorneys' Pecs.
7. GIVING OF NOTICES
Utllcss applicable law requires a diff'erenl method, any notice that must he given to nic under this Note will he given by
delivering it or by mailing it by first class snail to me at the Property Address above or at a dil'I'mol address it' 1 give the Note
1-folder a notice of my diffurcul address.
Any notice thal must be given to the Note Holder under this Note will be given by delivering it or by (nailing it by lirsl
class mail to the Note Holdcr at the address slutcd in Section 3(A) above or at a difl'erc iii address it' 1 ale given a notice of that
diflcrenl address.
S. OBLIGATIONS OF PERSONS UNDER THIS NOTE
11' more than one person signs this Note, each person is frilly and personally obligated to keep all of the promises made in
this Note, including the promise to pay the filll amount owed. Any person who is a guaintur, surely or endorser of this Note is
also Obligated to du these things. Any person who takes over these obligations, including the obligations of a guarantor, surety
or eudorscr of this Note, is also obligated to keep all of the promises made in This Note. The Note Molder Inuy cnlorcc its rights
under this Note against each person individually or against all of us together. This means that any Onc of us may be rcquircd to
pay all of the amounts owed under this Note.
N. WAIVERS
I and uoy other person who has obligations under this Note waive the rights of l'resentrncni and Notice of Dishonor.
"1'rescninicni" means the; right to require the Nole hIolder to clemand payment of amounts duc. "Notice of Dishonor" nicans the
right to rccluire the Note Holder to give notice to other persons that utnounis duc have not been paid.
MUI.I ISTATE FIXED RAPE NOTE - Singfo Fanuly - Farnie Mae /Freddie Mac UNIFORM INSTRUMENT
vMP I
Wollum Kluwer Financial Services Initials:
10. UNIF0101 SEICUR1;1) NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections - Lived to the
Note Holder under this Note, a Mortgage, Decd of Trust, or Security Decd (lhc "Security I list Full) cot "), dated the saute (laic as
this Note, protects the Note I•Iulder front possible losses which might result if I do not keep Idle promises which I make iu this
Note. That Security Instrument describe how and under what conditions Inlay be required to make inunediale paytncot in I'll]]
ol'all unnxults I owe under this Note. Some of Ihose conditions are described as fellows:
11' all or any part of the Property or any Interest in the property is sold or transferred (or if Borrower is
not a naturul person and a beneficial interest in Borrower is sold or Irinsferred) without Lender's prior written
conseol, Lender may require immediate payment in full of all sums secured by this Security Instnimcnl.
l-lowcvcr, this option shall not be exercised by Lender il'such exercise is prohibited by Applicable Law.
11' Lender exercises this option, Lender shall give Bmiower notice of acceleration. The notice shall
provide a period of not less Than 30 clays from the (lute the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security Instrument. If Borrower luils to pay Ihcse
sums prior to the expiration of this period, Lender may invoke any remedies pennillcd by this Security
htslrumcot without further notice or demand on Borrower.
WITNI?SS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED_
(Seal) (Seal)
WILLIAM H SHICK JR - Borrower BRENDA L SHICK
-I So rro we r
(Seal) (Seal)
- Borrower - Borrower
(Seal) (Seal)
- Borrower - torrower
(Seal) (Sea1)
- Borrower - Borrower
/Sign Original Orrly/
M L (, S , A7[ FIXED RA1L NOrE- - Single Family - Fannie MualFraddio Mac UNIFORM1I INSTRUMENT ■
VMl' l "!
'N011ors Kluwer Financial S"rvicos
Exhibit "B"
LEGAL DESCRIPTION
ALL THAT CERTAIN lot of ground situate in the Township of Lower Allen, County of
Cumberland and State of Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point in the northwesterly line of Ewe Road (50 feet wide), which said point is
in the division line between Lots Nos. 9 and 10 on the hereinafter mentioned Plan of Lots; thence
along the division line between Lots Nos. 9 and 10 on said Plan, North 38 degrees 34 minutes 26
seconds West, 296.41 feet to a point marked by a monument; thence along the line of land now
or formerly of Nicholas Hughes South 83 degrees 35 minutes 30 seconds East 240.66 feet to a
point in the division line between Lots Nos. 10 and 11 on the hereinafter mentioned Plan of Lots;
thence along the division line between Lots Nos. 10 and 11 on said Plan, South 9 degrees 6
minutes 27 seconds East 171.05 feet to a point in the northwesterly line of Ewe Road aforesaid;
thence along the northwesterly line of Ewe Road in a westerly direction by an arc of a circle
curving to the left, said circle having a radius of 175 feet, the arc distance of 90.0 feet to a point
in the division line between Lots 9 and 10 in the hereinafter mentioned Plan of Lots first above -
mentioned, at the point and place of BEGINNING.
PROPERTY ADDRESS: 115 EWE ROAD, MECHANICSBURG, PA 17055 -4870
PARCEL #13 -26- 0251 -033
File #: 322763
VERIFICATION
Denise Goldston, hereby states that he/ h lis Vice President Loan Documentation
of WELLS FARGO BANK, N.A., plaintiff in this matter, that heA�Ce)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 hi 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.
&2"g, " 03
Name: Denise Goldston
Title: Vice President Loan Documentation
Company: Wells Fargo Bank, N.A.
Date: 06/07/2013
086 -PA -V2 File # 322763
FORM 1
IN THE COURT OF COMMON PLEAS
WELLS FARGO BANK, N.A. OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s) c:
BRENDA L. SHICK
WILLIAM H. SHICK, JR A /K/A WILLIAM H. w
SHICK
Defendant(s) � � gq 6 civil
�-->..
-�- c_f
NOTICE OF RESIDENTIAL MORTGAGE FORECLO T RE
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:
6" (� .�;
Date Adam H. Davis, Esq., Id. No.203034
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 P. 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, motorcycles ): Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
1. Monthly Gross Monthly Net
2. Monthly Gross Monthly Net
3. Monthly Gross Monthly Net
Additional Income Description (not wages):
1. monthly amount:
2. monthly amount:
Borrower Pay Days: Co- Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
2nd 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 /Tait. 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 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 #: 322763
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff ' Ira "OTF."
,„„„ nt arur ta'rf n
Jody S Smith t C� 3, 2 3
Chief Deputy ` 2�
Richard W Stewart COW NI
Solicitor ;�'i8 R ,01At
,, ;, fl,F r- ?ES
Q
Wells Fargo Bank, N.A. Case Number
vs.
Brenda L Shick(et al.) 2013-3413
SHERIFF'S RETURN OF SERVICE
06/14/2013 09:12 PM- Deputy Ryan Burgett, 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: Brenda
L Shick at 115 Ewe Road, Lower Allen, Mechanicsburg, PA 17055.
RYAN BURGETT, DEP '
06/14/2013 09:12 PM- Deputy Ryan Burgett, 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:
William H. Shick, Jr. at 115 Ewe Road, Lower Allen, Mechanicsburg, PA 17055.
RYAN BURGETT, DEPU
SHERIFF COST: $55.30 SO ANSWERS,
June 17, 2013 RONIRR ANDERSON, SHERIFF
u:>,^t1 h.rr re soft b'c.
CUB ERLA" D COUNTY
PENNSYLVANIA
PHELAN HALLINAN, LLP
Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff
126 Locust Street
Harrisburg, PA 17101
215-563-7000
WELLS FARGO BANK, N.A.
3476 STATEVIEW BOULEVARD Court of Common Pleas
FORT MILL, SC 29715
Civil Division
Plaintiff
v. No. 2013-3413-CIVIL TERM
BRENDA L. SHICK Cumberland County
115 EWE ROAD
MECHANICSBURG,PA 17055-4870
WILLIAM H. SHICK,JR A/K/A WILLIAM H. SHICK
115 EWE ROAD
MECHANICSBURG,PA 17055-4870
Defendants
MOTION TO LIFT CONCILIATION STAY
Plaintiff, Wells Fargo Bank, N.A. (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 June 13, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure against
Defendants for their failure to make monthly payments of principal and interest upon their
mortgage due February 1, 2013, 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 June 17, 2013, Plaintiff completed service of the Complaint in Mortgage
Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure
816521
Diversion Program Notice for the Defendants. A true and correct copy of the Sheriff's Return of
Service is attached hereto, made part hereof and marked as Exhibit`B".
3. Pursuant to the Cumberland County Administrative Order February 28, 2012,
which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the
Foreclosure action is stayed for sixty (60) days from the date of service.
4. Within 60 days after service of the complaint,the Defendant may opt into the
program by filing a Request for Conciliation Conference with the Court. Upon the filing of the
request, the Court will schedule a Conciliation Conference. The program provides that
Defendant must contact MidPenn Legal Services within the first twenty(20) days of receipt of
notice if not represented by counsel.
5. If more than sixty (60) days has elapsed since the service of Notice of Residential
Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the
Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the
Diversion Program.
6. Defendants failed to opt into the Cumberland County Residential Mortgage
Foreclosure Diversion Program within sixty(60) days of service.
7. Since Defendants have opted not to participate in the Diversion Program, it is
appropriate for the stay to be lifted.
WHEREFORE, Plaintiff respectfully requests that this matter be removed from the
Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic
stay be lifted.
Respectfully submitted,
PHELAN HA; INAN, LLP
Date: (b 10 1 ib BY: A_____
1 •se•h a Schalk, Esquire
Atto ey for Plaintiff
816521
Exhibit "A"
Air
CD
r
W -4O
-<- .,a -<
PHELAN HALLINAN,LLP ATTORNEY FOR PLAINTIFF
Adam H. Davis,Esq.,Id.No.203034
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.: j3-3 /3 7 2
vs.
BRENDA L. SHICK
115 EWE ROAD
MECHANICSBURG,PA 17055-4870
WILLIAM H. SHICK, JR A/K/A WILLIAM H. SHICK
115 EWE ROAD
MECHANICSBURG,PA 17055-4870
Defendants,
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:
tom HIS COM We herliby, y
Plasm tO be a true Aft,.
y cf ttaMr
062-PA-V3 El,
Supreme Court of Pennsylvania
___ . .
Court of Common Pleas
For Prothonotary rise Only:
ClVtl t_'OVCt Sheet
C'lIMII RLAN1() ,,... County Docket No:
11t<:'1!;t,l,i10f,r,, : 0010(1?117 11i1S 101117 t.'s u..;.d.ao Se iy^Iio-,.ourf:.adnS.:,1'1is13i'ili( . r3tfls7 os(:'',c', Ili m•Ib37.1 It''t.'s 11' I.
,.'I VV41 C 2 .) witt of f,riolo C 7 tc lithig Cited st rvi, f 04:i+lji,aril°i O7'0 the r "tsi t(rs f a rt'M trio!b1 ! W 01}!� e iii 0011.
{
Commencement of Action:
S
E l Complaint Li Writ of Sutmnons Li Petition 1
E 1 l Transfer from Another Jurisdiction 1 ]Declaration of taking
e Lead Plaintiff's Name: WELLS FARGO BANK,N.A. Lead Defendants Name: BRENDA L. �i�IIC:K
T _-.- ____..__e_ _ ....__. . ,__..... „,.. _ . . ..
I Dollar Amount Requested: El within arbitration limits
Are money damages requested? El Yes C7 No
(Check k ones F:i outside arbitration limits
N Is this n Class Action Snit? Li Yes D No Is this an VIDJ Appeal? Li Yes lJ No
Name of Plaintiff/Appellant's Attorney: Adt m FL Davis,f sq Id. Ni. 2CQ03d EThelartHailmtir,LLP
J Check here if you have no attorney(an a Seif Represented 1 t'ro Se) I itigani)
Nature of the Case'. Place an "X." to the left of the ONE case category that most accurate)),describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most ins}ortant. i
TORT(do not include,suss Tort) CONTRACT (,i'o not include Judgments) CIVIL
�cic,rrrc n's) APPEALS
El Intentional 1..1 Buyer Plaintiff Administrative Agencies 1
[1 Malicious Prosecution 0 Debt Collection: Credit Card Et Board of Assessment
O Motor Vehicle 0 Debt Collection: Other 0 Board of Elections
till Nuisance LI Dept, ofTransportation
Premises Liability 1.1 Statutory Appeal: Other
O Product Liability (dons not
include moss to'7) r..1 Etitploytuent Dispute:
El, Slander/Libel/Defamation Discrimination
I9 CJ Other: E1 Employment Dispute: Other El Zoning Board
e, El Other:
MASS C}I 'I,_........_ _ 0 Other..
C) El Asbestos
Nii C': `T u1ao.:u
1 1 oyiy Tort i)1 S _... ., __ _ ...... ..
F Toxic,Tort
- li i,t;tini I REAl-PROPERTY MIS CE 1,L AN t9US
Ctment ,3 raltu I .,. `r.'.Ui _,... 0..I ., ^ ,
1 i Eminent Domain/Condemnation it - Lrr';it= sine tin:cut
Ot�ier:
El Ground Rein :Si ;-n„a;cu,
l Landlord/Tenant Dispute !_. Voi -J% ,..x-soii' ' :.,ti;yirs
_ 0 Mortgage Foreclosure: Residential Re:.trailoi d {)rdei
Pi t FES I( ?4A1. LaI. IIII.I° 1` 0 Mortgage Foreclosure: Commercial Quo Warr.irtu
C= Partition t-i Rilalovit:
Dental LI Quiet Title El Oilioii
Legal LI Other:
()We-.I'ruf c r/na!;
•
I
I
Pa.k.C,P $O '.> t.'pdrtted(ii/0 :''20.1I
FORM .I
IN THE COURT OF COMMON PLEAS
W31 1.` 1-A Kt 0 N t'sitc,.N, OF Ci)Ml31[:lthAND COON'I V, PENNSYLVANIA
Plaintiff(s)
vs
BRENDA U. SHICK
WILLIAM H. SH[C'K,JR AiK/A WILLIAM II.
51.11(.'14
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.
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)24'3-9400
extension 2510 or(800)822-5288 extension 2510 and request appointment of))legal representative at rro charge to you.
Once you have been appointed n legal representative,you roust promptly meet with that legal representative within
lvventy (2(1)tlttys of the appointment date, flaring that nweting, you ;taus: provide the legal representative with:ell
requested financial to iir:mticm so that a loan resolution proposal:eau be prepared on your behalf' If you and your legal
ropresinIt;itic.:complete a financial worksheet in the fourth attached heretic,the legal representative will prepare and a
Request for Conciliation(...onIerenr.r with the Cu:rt,which must he tiled with the Court within sixty(6(1)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 noel with a representative of your lender in an attempt to work out reasonable arrangements with your
lender before lie mortgage foreclosure suit proceeds lurw,it'd.
If you are represented by a lawyer,you and your lawyer must take the following steps to be eligible for a
conciliation conference. lr 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 c am be prepared on your behalf° It you and your lawyer complete a financial worksheet in the forma:attached
hereto your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must he filed
tciltii sixty=(60)days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is
scheduled, you wilt have an opportunity to meet with a representative of your lender in an attempt to\\toil(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 TARE TUIE,STEPS
REQUIRED 13Y THIS NO'I'IC E. 'TFILS PROGRAM IS FREE.
Respectfully submitted:
i1
Adam II. Davis, Esq., id. No,203034
Attorney for Plaintiff
FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court,of Common Pleas Dockot
. —
BORROWER REQUEST FOR HART.)SfilP 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:
CUSTOMER/PRIMARY AITLICANT
Borrower name(s):
Property Address:
City: State: Lip:
Is the property for sale? Yes[ ri No LA Listing date: Price:
Realtor Name: Realtor Phone!
Borrower Occupied'? Yes No Li
Mailing Address(if different):
City: State:• _Zip:
Phone Numbers: I lome: Office:
Cell: Other:
Email:
ll of people in household: How long?
CO,11012ROWER
Mailing Address:
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
of people in household: Now long'?
.
FINANCIAL INFORMATION
First Mortgage Lender:
Type of Loan:
Loan Number Date You Closed Your Loan:
Second Mortgage IA:rider:
Type of Loan:
Loon Number:
Total Mortgage Payments Amount. $ included Taxes& Insurance:
Date of Last Payment:
Pi lInn ' Reasou rot Derail
.„.„
.
Is the loan in Bankruptcy? Yes rn Nori
!Ives, provide names, location oi cot'it. case numbur& attorney.
___�--~.� _ _._�===��=`�_ `== -=``___`,
Assets Amount Owed: VA4Pi
Oonne: $ �
Other Real Estate: S IIii_
Rot irzm eat Funds: $ S
Investments: $ S
Checking: $ S — —
Savings: $ � ___ _
Other: $ _-- _� $
Automobite#1: y4udcl: Year:
Amount owed: Value:
Automobile#2: &8ndxJ:__ ___ ____ __ Y�uc___
&moontowod: Yn]ue:
_ �
�__ _ _ _ ____ Modell.
Year: Amount owed: Value
Monthly Income
Name of Lmployers:
|. Monthly Gnosx Monthly Net
2. ____________________ Monthly Gross Monthly
l Monthly Gross _ ____Mmnth(yNet _ _
Additional Income Description (not wages):
|. ______monthly amount:
Z s`oor6iy amount:
__
I3o rower Pay Days: Co'Bonnrmcy*y Days:
Monthly Expenses: (Please only include expenses you are currently paying)
EXPENSE
Mortgage
2' Mortgaze
Car Payment(s) .. MOUNT i EXPENSE
1 Food
utilities
Condo/Neigh. Fees AMOUNT ,
1 Auto Insurance Med,(not covered)
Auto fuel/repairs 1 Other prop.payment
Install. Loan Payment I i Cable TV i
Child Support/Ain-1i i Spending,Money i I
-D�y/Chim Care/Tuit, (/(h� { Expenses | |
Amount:Availably for IN/tor4gagv Poymmu Da:ed on lnu,mo& Expenses:
|lave you been working with a lousing Counseling Agency?
Yes [1 Nu r7
}fy*s, please piotude the GoUomin� iofonnadoo/
Counseling ,AAutcy:� _ __________ ______ Counselor:
___________�_
Phone (Office): Fax:
. .
Emoi ~~______ ____ _ � �--- ---- � — -- --�- -----
Have you made application for homeowners 1inergency Mortgage Assistance Pr gram (UEMA9)
assistance?
Yes No El
if yes,piease indicate the status of the wppHomiom:_______ ____ _ _
Have you had any prior negotiations with your lender or lender's loan servieing company to resolve your
delinquency?
Yes E] No
If yes, please indicate the status of those tegotiatiuii :
Please provide the following information, if known, regarding your lender and \onJur'x loan servicing
company:
L:ond*r'uConmo (Numc): ___' _ _ - ____� -__ -_ Phone:
AUTIIORIZATION
I/We, , authorize the above namenamed
to use/refer this mnf'orrnatioa to my lender/servicer for the sole purpose of evaluating ,n y
fiouno/x/ situation for possible mortgage options, I/We understand that 1/we ama/are under no obligation to
use the counseling services provided by the above named _..
BurrnwcrSigoumre Date
Co-Borrower Signature Date
Please forward this document along with the following information to lender and lender's
counsel:
1' Proof ofincome
2. Past 2 bank statements
3. Prool of any expected income for Ihe last 45 days
4. Copy of a current utility bill
5. Letter explaining reason for delinquency and any supporting documentation (hardship
letter)
C. Listing agreement (if property ix currently on the market)
'•"S.W. •••, — - - ' - on a - . - : .• . . : .
•
NOT ICE
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 wliting 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 TIES PAPER TC) YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR 'l'NLEPI(ONE 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 Al' A REDUCED FEE OR NO FEE,
CUMBERLAND COUNTY ATTORNEY
REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
CUMI3ERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717)249-3166
(800)990-9108
,"""` r • ,7 -•- • - - - .. , 7.• . , , . • - - -7.
• •
1, The Plaintiff is WELLS FARGO BANK, . 'N,A,, 3476 STATEVIEW
BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff!).
2. The Defendants, .BRENDA L. SNICK and •WILIJAM H. SH1CK, JR AIK/A.
WILLIAM H, SH1CK, are individuals whose last known address is 115 EWE ROAD,
MECHANICSBURG, PA 17055-4870.
3, WELLS FARGO BANK, N,A., directly or through an agent, has possession of
the Promissory 'Note, WELLS FARGO BANK, NA. is either ihe original payee of the
Promissory Note or the Promissory Note has been duly Lridorsed. A true and correct copy of said
Promissory Note is marked Exhibit "A", attached hereto and made a part hereof,
4, On or about November 23, 2009, BRENDA L. SHICK and WILLIAM H.
SNICK, JR made, executed and delivered to WELLS FARGO BANK, NA a Mortgage in the
original principal amount of $210,000.00 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 Instrument No. 200940503, 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. BRENDA L. SNICK and WILLIAM It SIIICK, JR A/KIA WILLIAM H.
SIIICK arc record and real owners of the aforesaid mortgaged premises.
7. Defendants arc in default under the terms of the aldresaid Mortgage for, inter alia,
failure to pay the monthly installments of principal and interest due February 1, 2013.
8, As of 06/05/2013 the amount due and owing Plaintiff on the mortgage is as
10110,,vs'
Principal Balance $ 199,837.79
interest
01/01/2013 Through 06/05/2013 $ 4,486.43
Late Charges $ 231.92
Escrow Balance ($ 346,30)
TOTAL $ 204,209.84
plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania
Law, actually and reasonably incurred by Plaintiff, including but not limited to, costs (including
escrow advances) and Plaintiff's attorneys' fees and expenses, Plaintiff reserves the right to file
a motion in the above-captioned action to add such additional sums authorized under the
Mortgage and Pennsylvania Law to the above amount due and owing when incurred.
9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of
Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended
in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have
been sent to the Defendant(s).
10. 'This is an in rem action only against the aforesaid mortgaged premises. Plaintiff
is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to
do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of
personal liability in a bankruptcy proceeding, this action is in no way an attempt to re-establish
such liability,
WHEREFORE, Plaintiff demands an in rem judgment in mortgage kneu oaorc for the
amount due of$ 204,209.84 with interest thereon plus additional costs (including additional
escrow advances), additiona attorneys' fees and costs and Lor foreclosure and xodeo[thc
mortgaged premises.
By: "4x~p(4
Date: -7// I k� Adam fl-Domin, Es Id. |m.20034
' ~ � '
Attorney for Plaintiff
062 P&-V3
exhibit "A"
NOVEMBER 23, 2009
17AueI it:ay I p aatrl
115 EWE ROAD, MECHANICSBURG, PA 17055
ti'ruperly Addrosl
1, t3O)t)tOWEJ 'S PROMISE To PAY
In return for u loan hut I Iwve received, 1 promise to pay U.S. $*****210,000"00 (this amount is called"Principal")
plus interest, to the order of the Lender.The Lender is WELLS FARGO BANK, N A.
1 will make all payments under this Note in the form of cash,cEtcclr or money order.
I understand that the Lender may transfer this Note. The Lender or anyone who lakes this Note by transfer and who is
entitled to receive payments under thin Note is culled the"Note Holder."
2. IN'I'ERES'F
Intotest will be charged on ni punt principal until the lull amount of Principal has been paid. I will pay interest in a yearly
rate of 5.250
The interest Hate required by this Section 2 is the rate,1 will pity both suture and after any default described in Section h(B)
of this Note.
3, )'A YA't t;N'1'S
(A)Time anti Place of Payments
twill pay principal totd nacres(by making a payment every tnontlt.
I will tuttke uty monthly payment on titer/RST Clay of each month beginning uuJANUARY 01, 2010 , 1 will
make these payments every:noon! until 1 have paid all n)'tlie principal soil interest and any other charges describe;!below tot )
way one under this Nine. i;uch monthly payment will he ii tied us of its scheduled duo stale and will he applied to interest
betitre Principal. If,on DECEMBER 01, 2039 , I still owe amounts under this Note, ! will pay those antnunix in lull on
that dote,which is culled the "Maturity Date."
1 will ntuke sty tnumility payments atWELLS FARGO HOME MORTGAGE, P.O. BOX 11701, NEWARK, NJ
071014701 or at a different place if required by Inc t Note Holder
(ti) Amount ol'Muntidy Payments
My monthly payment will be in the amount c>1'U.S, S **1,159,63
4. RUltltOWER'S Rxicf To PREPAY
I hove the right to rnuke payments of Principal ut any time before they are due. A payment of Principal only is known as tt
"Prepayment." floe I make a Prepayment, 1 will tell the Note Holder in writing that I out doing so, I may not designate a
payment as u Prepayment if I have not nude all the monthly payments due under the Note.
I uiuy make a toll Prepayment or partial Prepayments without paying u Prepayment charge, The Ni,r + Holder will n sr, ii y
Prepayments to reduce the amount of Principal that 1 owe under this None. However, ttte Note Holder ntuy apply my
Prepeyinent ltr tic accrued and unpaid interest on itrc.Prepuytucnt amount, before applying toy Prepayment to reduce the
Principal amount of the Note. it I make it partial Prepayment, there will be no changes in the due dale or in the union nit of niy
monthly payment unless the Note Holder agrees in writing to(hose changes.
-- W.ttir i ac, g a,Z eZil-t;44
hddf#,t Wilt Y;04.i r&/''S,aOte,&"(lei,r ,ay Suenh,hv",'F"o,ad,,r+lac Ut iFOS";,Ns in,_orrta r 1
5. t,OA,N CHARGES
Ifa law, which applies to this loan and which sots maximum loon cic■rttcs, is Orally interpreted so lull the iuleoe,vc or uihr:±
Inacc c:hat'r,cs collected or to be collected in conneciioo with this loan exceed Ilmc;permitted limits, then; (a)limy sash locum elcirtae
shall he reduced by Ilce amount necessary to reduce the charge In the permitted limit; and (h) any'dales already collected from
ucc which exceeded permitted hunts will be refunded to ace. The Note Holder may choose to make this celutr,l by reducing die
Principal I owe ander this Note or by making a direct payment in tnc. If cu refloat reduces Principal, (ice reehmetion will he Treated
,ts a purmi II prcpayccccul.
(c, ROlilt()1\ri;lt'S 1rAIL1Jl' 1?'0(1 PAY AS 12GC2(JJREI)
(A) Lute Chargc fur C)verdtic Payments
If the Note Holder has not received the 11cli amount of any monthly payment by the end of 15 calendar days
alter the date it is due, I will pay a late charge to the Note Holder.The tunuuccl of the charge will be 5,000 'F� ul'
day overdue payment of principal and interest. I will pay this late charge promptly hut only once on each late payment.
(14) Default
1 f 1 do not pay the (111 innuruu of ouch monthly payment en the date it ix clue, t Will be in default,
(C)Notice of I)t:fstult
11'I uccc in dclicull, time Note (Molder cony send toe a written notice telling me that if 1 do not pay the overdue amount by cc
certain date, clue Note holder linty require me 10 pay immediately the bell utopian of Principal which has nut been paid teal(all
the interest that I owe on that amount, 'That date must he ut least 10 (lays alter the dale on which the notice is mailed to ate or
delivered by other tccruus.
(I))No Waiver nil' Nate Holder
Eiven if, ut a lime when I are in default, the Note Ifolder dues not require ttce to pay immediately in [WI 'at;cleaeribed
above,the Note Holder will milt have the right to do sec if t all, in tleluull ui a liner lime,
(E) Payment of Note ((alder's Costs and Expenses
ll dice Note Holder lets required me to pay iccnicciutely in hull as described obeys, lice Note Holler will have the rigIc do
he lucid back Icy rice iicr all of its costs and expenses in uuitcn;t„g this Noce in the extent smell lcrohihileci by applicable law. Thnse.
expenses include, for example, reasonable attorneys' lees.
7. GIVING 00 NOTICES
i dcciucs applicable law requires a different method, any notice that /dust be giver, to me under this Note will be given by
delivering ii or by mailing,it by lion class mail to me at the Property Address above or ni a different address if I give time Note
Holder it notice of pry different address,
Any notice that must he given to the Nutt Holder under this Note will be given by delivering it or by mailing it by lirsi
eluxs mail to the Note Holder at the address stated iii Section 3(A) above or al a different address if I drn given a notice ol'Mtn
dil'h'erun' address.
H, 0131,ICATIONS Uh PJ kSONS UNI)ER"PAILS NO'A'O
If more than ant:Iverson signs this Note, each person is hilly and personally obligated to keep all of the promises:nude in
this Note, including the promise to pay the full amount owed. Any person ivlco is a guarantor, surely or endorser of ticis Neal is
also obligated to do these things, Any person who lakes over these obligations, including the obligations or it guarantor, surety
or endorser of this Note, is also obligated to keep all of lice proncicc.m etude in this Note. The Note Iduider nmuy enforce its rights
uncle; this Note against each person individually ur against all of tis togellcer. This means drat any cone of us mouy he rLsialrccl ip
pay all of the amounts owed under this Note.
y, ti'r1IVi;lt!i
1 and ally other person who has obligations under this Note waive time rights of('resentment and Notice of I)ishmcur,
"Presentment” oceans the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor' means the
right to require Ilse Nate holder to give notice to other persons Oita amounts clue have uml been paid.
cc,c.1c X3 (,Ali ct cc N cc
10. UNIt'Oftr9 SI;CUltEI NOTE
This Nutt:is a atniliarira instrument with limited vuriulions in some jurisdictions, In addition to the protections given In the
Note Plodder under this Note, a Mortgage, Deed of Trust, or Security Deed(the ':Security Iiistrutnent9, doted the same date as
this Note, protects the Note Holder from poN iblc loses which slight result if I do not keep the promises.which I. slake in this
Note. 't'Ilat Seenrity 1ostr'urueut describes how and raider what conditions I may he required to stake immediate payrmott in foil
of all urnuctrlss I owe under this Nutu, tiuolc of those conditions lire dcseribed as follows:
If all or airy port ol'the Irropur•ty or any Interest in the Properly is sold or truiisli:rred (or if Burrower is
tall la natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written
consent, Lender 'nay require inunetliate payment in full of all suuiS scoured by this Security lnstnnuett.
However,this option sltull not he exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shodI give Borrower notice of acealutati in, lie riot ice shall
provide a period of not less than 3(1 days from the dale the notice is given in aetatrdance with Section 15
wrII iii which Burrower must pay ail till is seeurel) by ibis Security Instrument. II'Borrower faiis to hay these
N1111114 prior to ihe expiration of this period, Lender may i ivoke any remedies permitted by this Security
Instrument without further totice or((comfit'on flurrowur.
W1•I'NI SS`fill; I-hANU(S)AND SI:AL(S)OFT11E UNI)liltSICGNIED,
K \ 3
/7 ? ,
WILLIAM H SHICK JR .;trxtuwer HFtE'NCDA L SNICK -lteraftatE
-itoriconI -i 4s7es0ta1.i
,. .... M_. ..__. . ..,_,_.._....__. ......._........,,...,�--. - (Seat) _.. __ .._. . „�. .......... (heat)
•not rows r
Borr0wt. •t tft ir5,01
[Sign Original Orly/
shl_t TAT,TATC,r \r:,RA , t n, w'*: ^$4,,,,i j1, j kt,.; ,rNrsO ? A<2+,jM.:N'
P
Exhibit " B "
_ _ . . ��.'_`~_- '~~~�~ ° '~-'-
LEGAL DESCRIPTION
ALL THAT CERTAIN lot of ground situate in the Township ofLower Allen, County of
Cumberland and State of Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point in the northwesterly hoc of Ewe Road (50 feet wide), which said point is
in the division line between Lots Nos. 9 and 10 on the hereimifier mentioned Plan ofLots;thence
along the division line between.Lots Nos. 9 and 10 on said Plan, North 38 degrees 34 minutes 26
seconds West, 296.41 feet to a point marked bya monument;thence along the line of land now
or formerly of Nicholas Bugbea South 83 degrees 35 minutes 30 seconds East 240.66 feet to a
point in the division line between Lots NIos. 10 and 11 on the hereinafter mentioned Plan of Lots;
thence along the division line between Lots Nos. 10 and 11 on said Plan, South 9 degrees 6
minutes 27 seconds East 171.05 feet to a point iii the northwesterly line of:Ewe Road aforesaid;
thence along the northwesterly line ofEwe Road in a westerly direction by an arc mfocircle
curving to the left, said circle having a radius of 175 feet, the arc distance of 90,0 feet to a point
in the division line between Lots 9 and 10 in the hereinafter mentioned PJonofI.oiu first above-
mentioned, at the point and place of BEGINNING.
PROPERTY ADDRESS; 1l5 EWE ROAD,MECIKANXC8B0RG` PA17055-4870
PARCEL#13-26'825]'033
VERIFICATION
Denise Goldston, hereby states that he/ is Vice President Loan Documentation
of WELLS FARGO BANK, N.A., plaintiff in this matter, that hes authorized to
make this Verification, and verify that the statements made in the foregoing Civil Action
in Mortgage Foreclosure arc true and correct to the best of hi et ntormation and belief.
kh(-2).
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.
/t71'
(—Lt.
Name: Denise Goldston
Mc: Vice President Loan Documentation
Company' Wells Fargo Bank, N.A.
Date: 06/07/2013
7,;
Exhibit "B"
r
s, ' 4,:
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody$Smith 4v
Chief Deputy •tt
ttY.eY
Richard W Stewart
Solicitor OFFa E OF THE SHERFTF
Wells Fargo Bank,NA. Case Number
vs.
Brenda L Shick(et at.) 20134413
SHERIFF'S RETURN OF SERVICE
06/14/2013 09:12 PM-Deputy Ryan Burgett,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:Brenda
L Shick at 115 Ewe Road,Lower Allen,Mechanicsburg,PA 17055.
RYAN°BURGETT, DEPUrt, -'
06/1412013 09:12 PM-Deputy Ryan Burgett,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:
William II,Shack,Jr. at 115 Ewe Road,Lower Allen, Mechanicsburg,PA 17055.
RYAN BURGE T,DEPU
SHERIFF COST:$55.30 SO ANSWERS,
Zdf
June 17,2013 RONhi'R ANDERSON,SHERIFF
1st C6uHO Stx N Tatnolc1 I E.
PHELAN HALLINAN, LLP
Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff
126 Locust Street
Harrisburg, PA 17101
215-563-7000
WELLS FARGO BANK,N.A.
3476 STATEVIEW BOULEVARD Court of Common Pleas
FORT MILL, SC 29715
Civil Division
Plaintiff
v. No. 2013-3413-CIVIL TERM
BRENDA L. SHICK Cumberland County
115 EWE ROAD
MECHANICSBURG, PA 17055-4870
WILLIAM H. SHICK,JR A/K/A WILLIAM H. SHICK
115 EWE ROAD
MECHANICSBURG,PA 17055-4870
Defendants
CERTIFICATION OF SERVICE
I certify that a true and correct copy of Plaintiff's Motion to Lift Conciliation Stay and
proposed Order were sent via first class mail to the person listed below on the date indicated:
BRENDA L. SHICK
WILLIAM H. SHICK, JR A/K/A WILLIAM H.
SHICK
115 EWE ROAD
MECHANICSBURG, PA 17055-4870
I
Date: h i I By� 1►1!IIf4
1
•sep P t chalk, Esquire
Atto •ey or Plaintiff
816521
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA
WELLS FARGO BANK,N.A.
3476 STATEVIEW BOULEVARD Court of Common Pleas
FORT MILL, SC 29715
Civil Division
Plaintiff
v. No. 2013-3413-CIVIL TERM
r-.
BRENDA L. SHICK Cumberland County -
115 EWE ROAD rr 4'' ,--
w
MECHANICSBURG PA 17055-4870
WILLIAM H. SHICK, JR A/K/A WILLIAM H. SHICK m
115 EWE ROAD
MECHANICSBURG,PA 17055-4870
Defendants
ORDER
AND NOW,this 1?* day of dtiVits.J , 2013, upon consideration of
Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby
ORDERED and DECREED that this matter is removed from the Cumberland County
Residential Mortgage Foreclosure Diversion Program; it is further
ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed
with its Mortgage Foreclosure Action.
BY TH OURT:
J.
cc: ./B nda L. Shick
/William H. Shick,Jr. alk/a William H. Shick
oseph P. Schalk, Esq., Id. No. 91656
Attorney for Plaintiff
816521 i F.S .1 IscL
Ja,117/ L 12 -
PHELAN HALLINAN, LLP
Joseph P. Schalk, Esq., Id. No. 91656
126 Locust Street
Harrisburg, PA 17101
215-563-7000
BRENDA L. SHICK
WILLIAM H. SHICK,JR A/K/A WILLIAM H. SHICK
115 EWE ROAD
MECHANICSBURG,PA 17055-4870
816521
T �
PHELAN HALLINAN, LLPs
Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff v
-v "t-
126 Locust Street v
Harrisburg, PA 17101
215-563-7000
WELLS FARGO BANK,N.A.
3476 STATEVIEW BOULEVARD Court of Common Pleas
FORT MILL, SC 29715
Civil Division
Plaintiff
v. No. 2013-3413-CIVIL TERM
BRENDA L. SHICK Cumberland County
115 EWE ROAD
MECHANICSBURG,PA 17055-4870
WILLIAM H. SHICK, JR A/K/A WILLIAM H. SHICK
115 EWE ROAD
MECHANICSBURG,PA 17055-4870
Defendants
CERTIFICATION OF SERVICE
I certify that a true and correct copy of Plaintiff's Motion to Lift Conciliation Stay and
proposed Order were sent via first class mail to the person listed below on the date indicated:
BRENDA L. SHICK
WILLIAM H. SHICK, JR A/K/A WILLIAM H.
SHICK
115 EWE ROAD
MECHANICSBURG, PA 17055-4870
•
Date: ( n 10( BY�
•sep P t chalk, Esquire
Atto ey or Plaintiff
816521
' , • I.
HOVi 0 17:6,:i
;P •3 • Aii•10: 30....
UMBEWLAND COUNTY
•• PENNSYLVANIA
Phelari1-61linan, LLP
1617 JFK Boulevard, Suite 400
• One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
'• •
TA •
•
A1 I0;:29
Ouwry.
W..13ERLAN
PENN'S YLV
Attorney For Plaintiff
WELLS FARGO BANK, N.A.
Plaintiff
v.
BRENDA L. SHICK
WILLIAM H. SHICK, JR
A/K/A WILLIAM H. SHICK
Defendant(s)
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 13-3413 •
• PRAECIPE •
TO THE PROTHONOTARY:,
Please withdraw the complaint and mark the action Discontinued and Ended Without prejudice.
0 Please mark the above referenced case Settled, Discontinued and Ended: *
0 Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice.
0 Please mark the in rem judgment Satisfied and the action Discontinued and Ended.
E Please Vacate the Judgment entered.
Date: 0(0 (1 PHELAN.HAL AN,
PH # 816521
By:
Mario J. H. 'you, Esq:, Id. No. 03993
*Attorney for Plaintiff
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400-
. One Penn Center Plaza
Philadelphia, PA 19103
215- 563 -7000
WELLS FARGO BANK, N.A.
Plaintiff
v.
BRENDA L. SHICK
WILLIAM H. SNICK, JR
A/K/A WILLIAM H. SHICK
' Defendant(s)
Attorney For Plaintiff
•
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 13 -3413
CERTIFICATION OF SERVICE
hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by
regular mail to the person(s) on the date listed below: •
BRENDA L. SHICK •
WILLIAM H. SHICK, JR
A/K/A WILLIAM H. SHICK
115 EWE ROAD
MECHANICSBURG, PA 17055 -4870
Date: ; i h
PHELAN ; LLINAN, LP
By:
Mario J. . nyon, Esq., Id. N
Attorney for Plaintiff '
03993