HomeMy WebLinkAbout13-3586 ,Supreme Court of Pennsylvania
u�rXt.-
Court •4 Common Pleas
t / ` t Sh For Prothonotary Use Only:
CIViMbVef, eet
CUMBER 'AND4'fiNr County Docket No:
The information collected on this form is used solely for court administration purposes. This form does not
su lenient or replace the filing and service qfp leadings or other papers as required by lmv 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, N.A. Lead Defendant's Name: MITCHELL A. ROWLES
T
I Are money damages requested? ❑ Yes ❑x No Dollar Amount Requested: ❑ within arbitration limits
0 (Check one) Z outside arbitration limits
N Is this a Class Action Suit? ❑ Yes ❑x No Is this an MDJ Appeal? ❑ Yes ❑x No
A Name of Plaintiff /Appellant's Attorney: Jonathan Lobb, Esg. , Id. No.312174 Phelan Halligan LLP
❑ Check here if you have no attorney (are a Self- Represented [Pro Se] .Litigant)
Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
❑ Intentional ❑ Buyer Plaintiff Administrative Agencies
❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment
❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections
❑ Nuisance ❑ Dept. of Transportation
❑ Premises Liability ❑ Statutory Appeal: Other
❑ Product Liability (does not
S include mass tort) ❑ Employment Dispute:
❑ Slander/Libel/ Defamation Discrimination
E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board
C ❑ Other:
T
I MASS TORT ❑ Other:
O ❑ Asbestos
N ❑ Tobacco
❑ Toxic Tort - DES
❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS
❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration
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 0110112011
t
t,- i s PRO lii i zJtNOTAiCI
!J .�4 1 20 fi,H 1 S : 01
"CUMBERLAND BLAND COUNTY
PENNSYLVANIA
PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF
Jonathan Lobb, Esq., Id. No.312174
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215 -563 -7000
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK, N.A.
3476 STATEVIEW BOULEVARD CIVIL DIVISION
FORT MILL, SC 29715 9,4 NO.: V r
VS.
MITCHELL A. ROWLES
1940 ENOLA ROAD
CARLISLE, PA 17013 -8626
Defendant.
CIVIL ACTION — COMPLAINT IN MORTGAGE FORECLOSURE
And now comes WELLS FARGO BANK, N.A., by its attorneys, Phelan Hallinan, LLP
and files this Complaint in Mortgage Foreclosure as follows:
1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW
BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff').
2. The Defendant, MITCHELL A. ROWLES, is an individual whose last known
a u�+ Ca �s (
062 -PA -V3 - Q
C I� 06
address is 1940 ENOLA ROAD, CARLISLE, PA 17013 -8626.
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 December 7, 2004, MITCHELL A. ROWLES made, executed and
delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE
FOR TRANSLAND FINANCIAL SERVICES, INC. a Mortgage in the original principal amount
of $136,700.00 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 1891, Page 1224. The Mortgage is a matter of public record
and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves
the Plaintiff from its obligation to attach documents to pleadings if those documents are of public
record.
5. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded July 20,
2012, the mortgage was assigned to WELLS FARGO BANK, NA which Assignment is
recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 201221707.
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.
6. MITCHELL A. ROWLES is record and real owner of the aforesaid mortgaged
premises.
7. Defendant is in default under the terms of the aforesaid Mortgage for, inter alia,
failure to pay the monthly installments of principal and interest due February 1, 2013.
062 -PA -V3
8. As of 06/11/2013, the amount due and owing Plaintiff on the mortgage is as
follows:
Principal Balance $122,271.53
Interest $ 3,800.74
01/01/2013 through 06/11/2013
Late Charges $ 227.35
Property Inspections $ 15.00
Escrow Balance $ (662.20)
TOTAL $125,652.42
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 $125,652.42, with interest thereon plus additional costs (including additional
escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the
mortgaged premises.
By:
Date: l S 1 ?J Jo than Lob , Esq., Id. No.312174
Attorney for Plaintiff
062 -PA -V3
Exhibit "A"
a
NOTE Note Contn w
DECEMB/,2004 NEW CUMBERLAND PENNSYLVANIA [City] [State]
1940 RNOLA ROAD, CARLISLE, PA 17013
[Property Address]
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $ 1 , 700.00 ( is amount is called
"Principal"), plus interest, to the order of the Lender. The Lender is T SLAND FI IAL SERVICES, INC.
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 w o takes this Note by transfer
and who is entitled to receive payments under this Note is called the "Note Holder."
2. INTEREST
Interest will be car o unpaid principal until the full amount of Principal has been paid. I will pay
interest at a yearly rate o .7.00 %.
The interest rate re ire y this Section 2 is the rate I will pay both before and after any default described in
Section G(B) of this Note.
3. PAYMENTS
(A) Tie a Place of Payments
I wi/,p7a rincipal and interest by making a payment every month.
I ake my monthly payme nt on the - IST day of each month beginning on
FEBRUAR005 1 will make these paayments every month until I have paid all of the
principal a rest and any other charges described below that I may owe under this Note. Each monthly
payment wapplied as of its scheduled due date and will be applied to interest before Principal. If, on
JAHVARY 1, 2035 ,1 still owe amounts under this Note, I will pay those amounts in full
on that date, ich is called the "Maturity Date."
I wil make my monthly payments at 2701 MAITLAND CENTER PKWY, STE. 300, MAITLAND, FL
32751 -7 4
or at a diff rent place if required by the Note Holder.
(S Amount of Monthly Payments
monthly payment will be in the amount of U.S. $ 909.47
4. BO Z WER'S RIGHT TO PREPAY
I have the right to make payments of Principal at any time before they are due. A payment of Principal only
is known as a "Prepayment." When 1 make a Prepayment, I will tell the Note Holder in writing that I am doing so.
I may not designate a payment as a Prepayment if I have not made all the monthly payments due under 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 f 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.
S. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the
interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits,
then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;
and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note
Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct
payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment.
MULTISTATE FIXED RATE NOTE --- Single Family — Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 32001/07
DOCUCPAI (page 1 of 3 pagts)
nOCVC/a1.V72 01/26/2004
b. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 1 calendar days
after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 %
of my overdue payment of principal and interest. I will pay this late charge promptly but only once each late payment.
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will in default.
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me tha if I do not pay the overdue
amount by a certain date, the Note Holder may require me to pay immediately the 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
descr 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 trailing it by first class mail to me at the Property Address above or at a different
i address if I give the Note Holder a notice of my different address.
Any notice that must be given to the Nate Holder under this Note will be given by dcliveri ng it or by mailing
I
'it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am
given a notice of that different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the
promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor,
surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations,
including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises
made in this Note. The Note Holder may enforce its rights under this Note against each person individually or
against all of us together. This means that any one of us may be required to pay all of the amounts owed under this
Note.
1 4. 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 duo, "Notice of
Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not
been paid.
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections
given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument "),
dated the same date as this Note, protects the Note Holder from possible losses 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 1 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, Lander may require inmtediate payment in full of a 11 sums
secured by this Security Instrument. However, this option shall not be exercised by Lender if such
exercise is prohibited by Applicable Law.
MULTISTATE FIXED RATE NOTE— Single Famlly— Fannie MadFreddie Mae UNIFORM INSTRUMENT Form 3200 1/0[
i ooCUCFA2 (page 2 of 3 pages)
D0C9CFA2.VSi 2/0612003
I
r
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 stuns secured by this Security
Instrument. If Borrower faits to pay these sums prior to the expiration of this period, Lender may
invoke any remedies permitted by this Security Instrument without further notice or demand on
Borrower.
7 /77 , S) THE UNDERSIGNED
BORROWER - MYTCHELL A i4LSS - DATE
PAY TO THE ORDER OF:
WASHINGTON MUTUAL BANK, FA
WITHOUT RECOURSE
TRANSLAND FINANCIAL SERVICES, INC.
i B Y:/Y 4- - 6 d"
L. M' LEE FORD
11 vice Q -;,uF;glr
I
[Sign Original Only)
MULTISTATE FMD RATE NOTE— Singlc Famfly— Fannte MittW"ddie Mac UNIFORM INSTRUMENT Form 3200 V01
(pag pages)
nc�iwivr:
01/29/2004 e 3 oF5
I �
Exhibit `B"
r
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land with the improvements thereon erected situate in North
Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at a point in the centerline of Pennsylvania Route 944, at the corner of property
now or formerly of Ray E. Alexander; thence along the centerline of Pennsylvania Route 944,
South 81 degrees 42 minutes West, 154.50 feet, more or less, to a point at Lot No. 11 on the
hereinafter mentioned Plan; thence North 11 degrees 46 minutes West, 315.66 feet to a point at
Lot No. 9 on the hereinafter mentioned Plan; thence North 78 degrees 14 minutes East, 154.22
feet to a point; thence along land now or formerly of Ray E. Alexander, South 11 degrees 46
minutes East, 325 feet to a point, the place of BEGINNING.
CONTAINING 1.028 acres and being designated as Lot No. 12 on a Subdivision Plan by Earl D.
Palm. R.S., dated September 12, 1975 and recorded in the Office of the Recorder of Deeds for
Cumberland County, in Plan Book 27, Page 60.
BEING improved with a bi -level dwelling house known and numbered as 1940 Enola Road,
Carlisle, Pennsylvania.
PROPERTY ADDRESS: 1940 ENOLA ROAD, CARLISLE, PA 17013 -8626
PARCEL #29 -04- 0379 -058
File #: 322873
VERIFICATION
Jasmin McLean, hereby states that he / ( 9is Vice President Loan Documentation of
WELLS FARGO BANK, N.A., plaintiff in this matter, that heeis authorized to make this
Verification, and verify that the statements made in the foregoing Civil Action in Mortgage
Foreclosure are true and correct to the best of his er information and belief. The
undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S.
Sec. 4904 relating to unsworn falsification to authorities.
Name asmin McLean
Title: Vice President Loan Documentation
Company: Wells Fargo Bank, N.A.
Date: 06/13/2013
086 -PA -V2 File 4 322873
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 #: 322873
s
FORM 1.
IN THE COURT OF COMMON PLEAS
WELLS FARGO BANK, N.A. OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s) c
VS. -a w -;- _�•
c
MITCHELL A. ROWLES �o = _
Defendant(s) ' "VCivil
NOTICE OF RESIDENTIAL MORTGAGE FORECLW
DIVERSION PROGRAM a
You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential property which is the subject of this foreclosure action, you may be able to
participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender.
If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference.
First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 2439400
extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you.
Once you have been appointed a legal representative, you must promptly meet with that legal representative within
twenty (20) days of the appointment date. During that meeting, you must provide the legal representatve 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 themortgage 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:
U V
Date Jonathan Lobb, Esq., Id.
No.312174
Attorney for Plaintiff
n v
FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket #
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance, your lender must consider your circumstances to determine
possible options while working with your counseling agency. Please provide the following information to
the best of your knowledge:
CUSTOM ER/PRI
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 41: Model: Year:
Amount owed: Value:
Automobile #2 : Model: Year:
Amount owed: Value:
Other transportation (automobiles, boats motorcyclesZ Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
1. Monthly Gross Monthly Net
2. Monthly Gross Monthly Net
3. Monthly Gross Monthly Net
Additional Income Description (not wages):
1. monthly amount:
2. monthly amount:
Borrower Pay Days: Co- Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
2 nd 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 /Tuft. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income & Expenses:
Have you been working with a Housing Counseling Agency?
Yes ❑ No ❑
If yes, please provide the following information:
Counseling Agency: Counselor:
Phone (Office): Fax:
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP)
assistance?
Yes ❑ No ❑
If yes, please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your
delinquency?
Yes ❑ No ❑
If yes, please indicate the status of those negotiations:
Please provide the following information, if known, regarding your lender and lender's loan servicing
company:
Lender's Contact (Name): Phone:
Servicing Company (Name):
Contact: Phone:
AUTHORIZATION
I /We, , authorize the above named
to use /refer this information to my lender /servicer for the sole purpose of evaluating my
financial situation for possible mortgage options. I /We understand that I /we am /are under no obligation to
use the counseling services provided by the above named
Borrower Signature Date
Co- Borrower Signature Date
Please forward this document along with the following information to lender and lender's
counsel:
1. Proof of income
2. Past 2 bank statements
3. Proof of any expected income for the last 45 days
4. Copy of a current utility bill
5. Letter explaining reason for delinquency and any supporting documentation (hardship
letter)
6. Listing agreement (if property is currently on the market)
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff hrria 0F THE PPOTHON GARY
Jody S Smithi� '
X; � ' -4 ,I
Chief Deputy 2013 JUN 26 P
,�
Richard W Stewart � ,� .
Solicitor r T"it lF-
PENNSYLVANIA
Wells Fargo Bank, N.A.
Case Number
vs
Mitchell A Rowles 2013-3586
SHERIFF'S RETURN OF SERVICE
0612112013 11:09 AM-Deputy Jamie DiMartle, being duly sworn according to law, served the requested Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing
a true copy to a person representing themselves to be Kathryn Rowles, Mother of defendant, who
accepted as"Adult Person in Charge"for Mitchell A Rowles at 1940 Enola Road, North Middleton,
Carlisle, PA 171013.
J JIE DIMARTLE, DEPUTY
SHERIFF COST: $34.78 SO ANSWERS,
K�z X-Vnz-1
June 24, 2013 RbNW R ANDERSON, SHERIFF
(C)CeuntySuite Sheriff,Teleosoft,Inc,
d
Fi L ;
Ryan A.Webber,Esq. `` i i' 'i ,"ti O vui t'
Andrew W.Barbin,P.C.
Atty I.D.No. 309693 a � "� PH 1: 0 4
5 Kacey Court,Suite 102 � r iR
Mechanicsburg,PA 1.7055 AND COUNTY
(71.7)506-4670 PENNSYLVANIA Attorney for Plaintiff
WELLS FARGO BANK,N.A. IN THE COURT OF COMMON PLEAS OF
3476 Stateview Boulevard CUMBERLAND COUNTY, PENNSYLVANIA
Fort Mill, SC 29715
Plaintiff,
VS.
MITCHELL A. ROWLES
1940 Enola Road
Carlisle, PA 17013-8626 CIVIL NO. 13-3586
Defendant
REQUEST FOR CONCILIATION CONFERENCE
Pursuant to the Administrative Order dated February 28, 2012 governing the Cumberland
County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies
as follows:
1. Defendant is the owner of the real property which is the subject of this mortgage
foreclosure action;
2. Defendant does not currently lives in the subject real property, which is Defendant's
primary residence, due to ongoing issues related to a wrongful Protection From
Abuse Order;
3. However, the issues with the Protection From Abuse issues are anticipated to be
resolved before a scheduled Conciliation Conference.
4. Therefore, it is believed Defendant will be residing in the subject real property by the
time a Conciliation Conference is scheduled;
5. Defendant has been served with a "Notice of Residential Mortgage Foreclosure
Diversion Program" and has taken all of the steps required in that Notice to be
eligible to participate in a court-supervised conciliation conference.
The undersigned verifies that the statements made herein are true and correct. I
understand that false statements are made subject to the penalties of 18 Pa. C.S. § 4904 relating
to unsworn falsification to authorities.
Ryan Webber, Esq. Date
Appointed gal'R tive for Defendant
Defendant Date
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WELLS FARGO BANK,N.A. IN THE COURT OF COMMON PLEAS OF
3476 Stateview Boulevard CUMBERLAND COUNTY,PENNSYLVANIA
Fort Mill, SC 29715
Plaintiff,
MITCHELL A.ROWLES
1940 Enola Road
Carlisle,PA 17013-8626 CIVIL NO. 13-3586 -cs -
Defendant 2 F
CASE MANAGEMENT ORDER "4 '
AND NOW,this a a-4 day of ,2013,. the defendant/borrower in
the above-captioned residential mortgage foreclosure action having filed a Request for Conciliation
Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements
for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that:
1. The parties and their counsel are directed to participate in a court-supervised conciliation
Conference on r t' ��_ d20/',3 at 3 '0Z_/_0 .M in
6 � # / 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 plaintiffllender and its counsel a copy of the"Cumberland County
Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been
completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the
Court,the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which
service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the
defendant/borrower's failure to serve the completed Form 2 within the time frame set forth herein or such
other date as agreed upon by the parties in writing or ordered by the Court,the case shall be removed from
the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated.
3. The defendant/borrower and counsel for the parties must attend the Conciliation
Conference in person and an authorized representative of the plaintiff/Lender must either attend the
Conciliation Conference in person or be available by telephone during the course of the Conciliation
Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must
possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender
must discuss resolution proposals with the authorized representative in advance of the Conciliation
Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during
the Conciliation Conference, the Court will schedule another Conciliation Conference and require the
personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation
Conference.
4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss
and explore all available resolution options which shall include: bringing the mortgage current through
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 in to a
loan modification or a reverse mortgage;paying the mortgage default over sixty months;and the institution
of bankruptcy proceedings.
5. All proceedings in this matter are stayed pending the completion of the scheduled
conciliation conference.
BY THE COURT,
J.
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WELLS FARGO BANK,N.A., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. : CIVIL ACTION—LAW
: NO. 13-3586 CIVIL
MITCHELL A. ROWLES,
Defendant : MORTGAGE FORECLOSURE
IN RE: CONCILIATION CONFERENCE
ORDER
AND NOW, this day of October, 2013, at the request of counsel for the
parties,the conciliation conference scheduled for October 11, 2013, is continued to Friday,
November 22, 2013, at 2:00 p.m. in Chambers of the undersigned.
BY THE COURT,
Kevin , . ess, P. J.
Troy Sellars, Esquire
126 Locust Street
Harrisburg, PA 17101
_ yan Webber, Esquire
5 Kacey Court, Suite 102
Mechanicsburg, Pa 17055
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WELLS FARGO BANK,N.A., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. : CIVIL ACTION—LAW
: NO. 13-3586 CIVIL
MITCHELL A. ROWLES,
Defendant : MORTGAGE FORECLOSURE
IN RE: CONCILIATION CONFERENCE
Present at a conciliation conference held November 22, 2013, were Joseph Schalk,
Esquire, attorney for the plaintiff; Ryan Webber, Esquire, attorney for the defendant; and the
homeowner, Mitchell Rowles.
The following order was entered by agreement
ORDER
AND NOW, this Z 2 day of November, 2013, following conciliation conference,
this matter will be removed from the Cumberland County Mortgage Foreclosure Diversionary
Program and the stay lifted effective January 23, 2014, unless prior thereto the defendant has
requested a continued conciliation conference.
BY THE COURT,
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Kevin • . Hess, P. J.
V Joseph P. Schalk, Esquire =:."c {
126 Locust Street ' =f
Harrisburg, PA 17101 c ' '
v Ryan Webber, Esquire
5 Kacey Court, Suite 102
Mechanicsburg, Pa 17055
:rlm ‘9pi cs iktai. led 11/aa 3j3
WELLS FARGO BANK,N.A., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. : CIVIL ACTION—LAW
: NO. 13-3586 CIVIL
MITCHELL A. ROWLES,
Defendant : MORTGAGE FORECLOSURE
IN RE: CONCILIATION CONFERENCE
ORDER
AND NOW, this 2 3'=1 day of January, 2014, a continued conciliation conference is
set for Friday, March 7, 2014, at 1:30 p.m. in Chambers of the undersigned.
BY THE COURT,
Kevi, A. Hess, P. J.
ZIoeph P. Schalk, Esquire
126 Locust Street
Harrisburg, PA 17101
/Ryan Webber, Esquire
5 Kacey Court, Suite 102
Mechanicsburg, Pa 17055
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WELLS FARGO BANK, N.A., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION — LAW
NO. 13 -3586 CIVIL
MITCHELL A. ROWLES,
Defendant : MORTGAGE FORECLOSURE
IN RE: CONCILIATION CONFERENCE
ORDER
AND NOW, this 7' day of March, 2014, following conciliation conference, it
appearing, that this matter is currently under review by the plaintiff for a potential loan
modification, continued conciliation conference is set for Friday, May 9, 2014, at 2:00 p.m. in
Chambers of the undersigned.
Zo. Y Sellars, ro Sellars Esquire
q
126 Locust Street
Harrisburg, PA 17101
Ryan Webber, Esquire
5 Kacey Court, Suite 102
Mechanicsburg, Pa 17055
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BY THE COURT,
Kevin . Hess, P. J.
WELLS FARGO BANK, N.A., : IN THE COURT OF COMMON PLEAS OF
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACTION — LAW
: NO. 13-3586 CIVIL
MITCHELL A. ROWLES,
Defendant : MORTGAGE FORECLOSURE
IN RE: CONCILIATION CONFERENCE
ORDER
AND NOW, this "v day of May, 2014, it appearing that the defendant has been
approved for a trial loan modification, the conciliation conference in the above matter set for
May 9, 2014, is continued generally with the understanding that another conference may be
requested by either party.
BY THE COURT,
Kevin . Hess, P. J.
Troy Sellars, Esquire
126 Locust Street
Harrisburg, PA 17101
For the Plaintiff
Ryan Webber, Esquire
5 Kacey Court, Suite 102
Mechanicsburg, Pa 17055
For the Defendant
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Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
FILED -OFFICE
CF THE PROTHONOTARY
2014 JUL -3 3 0110:1
CUMBERLAND COUNTY
PENNSYLVANIA
Attorney For Plaintiff
WELLS FARGO BANK, N.A.
Plaintiff
v.
MITCHELL A. ROWLES
Defendant(s)
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 13-3586 CIVIL
PRAECIPE
TO THE PROTHONOTARY:
® Please withdraw the complaint and mark the action Discontinued and Ended without prejudice.
n Please mark the above referenced case Settled, Discontinued and Ended.
Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice.
n Please mark the in rem judgment Satisfied and the action Discontinued and Ended.
n Please Vacate the Judgment entered.
Date:
PH # 816631
-7(7,fig
PHELAN HAI LI.N, LLP
By:
Courtenay R. Dunn, Esq., Id. No.206779
Attorney for Plaintiff
4
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
Attorney For Plaintiff
WELLS FARGO BANK, N.A.
Plaintiff
v.
MITCHELL A. ROWLES
Defendant(s)
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 13-3586 CIVIL
I hereby certify true and
regular mail to the person(s) on
MITCHELL A. ROWLES
1940 ENOLA ROAD
CARLISLE, PA 17013-8626
Date: 7l /('(
CERTIFICATION OF SERVICE
correct copies of the foregoing Plaintiffs Praecipe was served by
the date listed below: .
PHELAN HALLINAN, LLP
Courtenay R. Dunn, Esq., Id. No.20
Attorney for Plaintiff