HomeMy WebLinkAbout13-4471 Supreme Court of Pennsylvania
Y Court Oe f Com Pleas
For Prothonotary UseDitly:
Civilf&ef Sheet
CUMBERLAND COU . Docket No: V1 171
The information collected on this forin is used solely for court administration purposes. This form does not
supplement or replace thefiling and service of leadiii s or other popers as required by law or rules of court.
S Commencement of Action:
❑O Complaint ❑ Writ of Summons ❑ Petition
E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking
C Lead Plaintiffs Name: WELLS FARGO BANK, N.A. Lead Defendant's Name: LINDA L. LONG
T
I Dollar Amount Requested: El within arbitration limits
Are money damages requested? El Yes �7x No x
0 (Check one) ❑ outside arbitration limits
N Is this a Class Action Suit? ❑ Yes Z No Is this an NIDJ Appeal? ❑ Yes Z No
A Name of Plaintiff /Appellant's Attorney: Jonathan Lobb Esq., Id No 312174 Phelan Hallinan, LLP
❑ Check here if you have no attorney (are a Self - Represented [Pro Se] Litigant)
Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
❑ Intentional ❑ Buyer Plaintiff Administrative Agencies
❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment
❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections
❑ Nuisance ❑ Dept. of Transportation
❑ Premises Liability ❑ Statutory Appeal: Other
❑ Product Liability (does not
S include inass tort) ❑ Employment Dispute:
❑ Slanden'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
$ ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment
❑ Ground Rent ❑ Mandamus
❑ Landlord /Tenant Dispute ❑ Non- Domestic Relations
—^ Z Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto
❑ Partition ❑ Replevin
• Dental ❑ Quiet Title ❑ Other:
• Legal ❑ Other:
❑ Medical
❑ Oth ,-r Professional:
Pa.R.C.P, 20.5.,5 Updated 01/01 /2011
OF
201 �:
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NtA
PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF
Jonathan Lobb, Esq., Id. No.312174
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Jonathan.Lobb@phelanhallinan.com
215 -563 -7000
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK, N.A.
3476 STATEVIEW BOULEVARD CIVIL DIVISION
FORT MILL, SC 29715
Plaintiff, NO.:
VS.
LINDA L. LONG
255 ALTERS ROAD
CARLISLE, PA 17015 -8968
BRUCE C., LONG, 11
255 ALTERS ROAD
CARLISLE, PA 17015 -8968
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:
a�
062-PA-V3
�� ��
1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW
BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff').
2. The Defendants, LINDA L. LONG and BRUCE C. LONG, II, are individuals
whose last known address are 255 ALTERS ROAD, CARLISLE, PA 17015 -8968.
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 October 10, 2007, LINDA L. LONG and BRUCE C. LONG, II
made, executed and delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,
INC. AS NOMINEE FOR PROVIDENT FUNDING GROUP, INC. a Mortgage in the original
principal amount of $214,200.00 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. 200740661. 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
December 10, 2012, the mortgage was assigned to WELLS FARGO BANK, N.A. which
Assignment is recorded in the Office of the Recorder of CUMBERLAND County in Instrument
No. 201238213. 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. LINDA L. LONG and BRUCE C. LONG, 11 are record and real owners of the
aforesaid mortgaged premises.
7. Defendants are in default under the terms of the aforesaid Mort gage for, inter alia,
failure to pay the monthly installments of principal and interest due March 1, 2013.
062 -PA -V3
8. As of 07/17/13, the amount due and owing Plaintiff on the mortgage is as
follows:
Principal Balance $ 212,397.08
Interest 02/01/13 to 07/17/13 $ 6,602.11
Late Charges $238.96
Suspense Balance $(1,414.41)
TOTAL $ 217,823.74
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 $217, 823.74 with interest thereon plus additional costs (including additional
escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the
mortgaged premises.
. 2V--�
By:
Date: ?/ 2 13 Jo than Lobb, Esq., Id. No.312174
((( Attorney for Plaintiff
062 -PA -V3
Exhibit "A"
4
INITIAL INTEREST' NOTE
10/10/2007 I IUNT VALLEY SID
fCily) l Srdlr f
255 ALTERS ROAD, CARLISLE, PA 17015
" (I hryxrry Adrhr.crf .
I. . BORROWRK'S PHOIMISE TO PAY
{n remtm fora loan that 1 have received, I promise to pay U.S.b214.200.00 (this Hmuunt is called
"Principal "). plus interest, to the order ur the Lender. The Leader is Provident Funding Group, Inc., A Caliramia
Corporation. I will make all payments under this Note in the form of Cush, check ur rltunay order.
1 understand that tie Lender may Imnsfer this Note. nhe Lender or anyone who takes this Note by transfer
and who is cntillel to receive payments under this Note is called the "Note f lolder".
2. hVTF.RES"r
Inlerem will be charged on unpaid principal until Iha call amount of Principal has been paid. I will pay '
inicnat it a ycatly Mile of 0 7511 °rS .
The interest rate rcquilcd by This Section 2 is the rant I will pay buth hclorc and a(Icr any default described
in Sce(ion OW) of this Note.
S. I'Al'A71:N'I'S
(A) Time and Plocc of Payments
I will make a payment every month on the first day of the month beginning on 1 it 1/2007 . 1160rc the
fist fuliv amortizing principal and interest payment due date, my monthly payments will be only for the interest due
on-the unpaid principal of this Vote. The due date of my first payment including ft illy amortizing principal and
interest is 12/1;2017 . 1 will male payments even' month until I have Paid all of the principal and interest and any
,other charges described below that I may owe tinier this Note. Each monthly payment will be applied as of its
schednlcd duc dine and if the payment includes both principal and interest it will lie applied to interest before
Principal. If. tin 1111[2037 .1 still owe amounts under this Kole, 1 w0l.pay those amounts in fill on that date,
which is callyd (he "Maturity Date."
I will make my munlhly payments at P.O. Box 5914. Smdd Ro", CA 95402 or at u diffierent place if
required by the Note, holder.
(B) Amount of Monthly Payments
My nhnhhly payment will be in the amount of U.S. S 1,204.33 until IN: due date of the first fully
amortizing principal and interest payment. Beginning with the first fully aaortiring principal and interest payment,
my payment will be in the amount of U.S. S 1,623.70
11hc Note Holder will notify nu prior to the dnle of any change in Ihu anannn or my monthly payment in
accordance with Section 7 of this Note. 'rht: Note Holder will provide the tide and telephone nihnbcr of n persno
who will answer any questions I may have regarding the notice.
4, 11014HOWIMS KICIITTO PREPAY
I have the right to make payments of Principal at tiny time before they arc thic. A payment of Principal
only is known as a "Prepayment." When I make a Prepayment, I will tell the Note I folder in writing that I aim doing
so. 1 may not designate a payment as a Prepayment if I have not made all the monthly payments c under this
Nutt.
1 may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note
I Iuldcr will use my Prepayments to reduce the amount of Prin ipal that I owe under this Note. ,t low•evcr, the Note
alulllstale Initial lnitm.a ttatA Raltixott -$ogle 1•amdw- I +m1Air Alat UNIFORM I.NSTRVAIKKI' Nano S206MM
IM�t a nfa
0173.dot 412e.00M.
• VM.t
t
Holder niny apply my rrepayment to the accrued and unpaid interest on the Prepayment nmount, hefnre applying
illy Prepayment to reduce the Principal amount ofthe Note. if) make it partial Prepayment, there will be no changes
'911 the due dale of my monthly payment unless the Note Holder agrees in writing to the changes. If I make it partial
P.rcp;ryutcnt during the perind ending Leith the title date of my last interest only monthly payment, the partial
Prepayment will reduce dre amount of my monthly payment. If I make a partial Prepayment abler the due data Of
my lust interest only payment, the amount of my monthly payment will not change unless file Note Holder agrees in
writing to that change.
S. I OAN CHARGES
Il'a law• which applies to this loan and which sets maximum loan charges is finally Interpreted so that the
inicicst or Whet tour charges collected or to be collected in connection with this loan exceed the permitted (lulls,
then: (n) any such loan chatge bholl be teduced by the amount neeassag• to reduce the charge to ilia permitted limit;
and (b) any stuns already collected from me which exceeded pumihed limits will be refunded to ilia. The Now
Holder may choose to mnke this ref old by reducing the Principal 1 owe under this Note or by making u direct
payment to me. If n refund reduces Principal, Vic reduction will he treated as a pnrial Prepayment.
•G. IIORROWER'S FAII,(lltl3 TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder his not received ilia till amount of any monthly payment by lac cold of IS
cnleudnr days nRer the date it is due, I will pay a late charge to Ilse Note I•Iulder. The amount of the charge will be
5;'0 or lhl: maximuin allowable by state luw of the overdue payment of interest during the period when my
payment is interest only and ill' principal and inicic +t after that. I ,eill tiny this Inte charge promptly hilt only once
on each he payment.
(II) Default
It' I do 1101 pay the full antmmt of each monthly payment on the date it is due, I will be in default.
(C) Notice ul' llefault
If[ not in defadL the Note Holder nwy send 11ie u written noticc telling me tint if 1 dO not Pay the Overdue
amount by a certain date. the Vote Holder may require me to pay immediately the fill , unount of Principal which
has not been paid and all'die interest that I uwc on that n natmt. That date must be it least 30 days after the Jute un
which the notice is milled t0 me or delivered by other means.
(D) No Waiver By Note Hnlder
Even if, at a time when I am in default, the Note I[older does out require me to pay iuuncdiately in full as
described above. the Note Holder will still have the right to do so if I am in default at a later tittle.
(R) Payment Of Nate Holder's Costs and Expenses
if the Note Holder has required me to pay immediately in toll as described above. file Note Iiuldcr will
have the right to lie paid back by me for all of its costs and expenses in cnlbreing this Note to the extent not
prohibited by applicable laic. Those expenses include• for example. ratsuutblc ntturucys' fees.
7. CIVINCOFNOTICES
Unless applicable, law requires a different method, any notice that must be given to ore under this Note will
be given by delivering it ur by inallinp it by first class mail to ilia rat the Property Address above or at a different
address if I give the Note Holder a noticc of uq dinlereu( uddrrm.
Any notice that must he given to the Note Holder under this Note will be Shen by delivering it or by
mailing it by first class mail to the vote Holder at the address staled in Section 3(A) above or tit a different nddress if
I am given a notice of thit differem address.
S. OQLICAT1ONS Olr PERSONS UNDER 'I'llIS NOTE
If norc 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 .vhu is it guarantor,
surely or endorser of this Note is Also ohliLnied to do these things. Any person who takes ever these obligations,
including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises
Hurtnatc lamol lair —i FnN mote Notc —Sinek fmndy— Fratalic bloc UNIFORM INS rRULENT Farm SHx, 4alt
1 1 n1tr 2 of 3
• vex. 1
made in This Nam, Tlic Note Ihlder may enforce Its rights under this Note against each retson individually of
;t&tinsi all of its together. This means that any title of us Inuy Ile required to pig' illi'or tllc artlttUms Uwed undei this +
Notc,
9. WAIVLtt5
1 and any other pennn who has obligations under this Notc waive the rights of Presentment and Notice or
Dishonnr. "Presentment" Ittcnns the right to require the Note I!older to demand payment ofamuunts due. -Notice
of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not
been paid.
ill. I.INIFONM SLCIIRED NOTE
This Note is it 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 Decd (the ":Security
Instrument"). dated the same date its this Note, protects the Note Holder from possible losses which might result if I
du not keep the promises which I male in this Note. That Security Insirunncnl describes how and under what
canditinns I may be required to make immediate payment in full of till mnounts I owe under this Note. Some of
• lave conditions are described as follows:
Trunsfcr of the Property us* a HeneGcird Interest is Uorrower. As used in this Section
19, "Interest in the Property" means any legal or benelicial interest in the Property, including, but
nut limited to, those beneficial itnumses transferred in n bond for deed• contract tar deed,
installment sales canimci or escrow ugrLCmcnt, the intent of which is the transfer of title 'by
Bin ow at a future date to a purehnser.
If all or any pan orthe Properly or any Interest in the Property is sold or transferred (or if
Borrower is not it natural person and a bencricixl interest in Borrower is sold or transferred)
without Lender's prior written consent, Lender may require immediate payment in full of all sums
secured by this Security Instrument. However. this option shall not he exercised by Lender if such
eserc6c is prohibited by Applicable Law.
If Lender exercises this option. Lender shall give Borrower notice of aceeier lint. The
notice shall provide a period of nut less than 30 days from the date the notice is given in
accordance with Section IS within vfich Borrower must pay all sums seethed by this Security
Inshumunl. If Burrower fuiis to pay lhcsu sums prior to the cxplralan of this period. Lender cony
invoke any remedies permitted by this Sccmity Instrunncut without further notice or kinnad ail
Borrower.
This ix a contract meter seal and may Irr enforced under 42 PA. C.S. Section 5529 (B)
wffNCSS THE HAND(S) AND SCAL(S) OF THF. UNDH(SIGVED.
(Sall (Seal)
BRUCE L4 NG it •aormavr •W+nnwer
. 0
L (Seal) (Seal)
LINDA L LONG U •Oaro,v.r . parrots:+
/Signn fbIginal rA+ir/
nluttelnli, WlinlunrrrsiFlwdltnroNotc• -si.& endv- FmIdle MAC UNIFORM INSfNIiMF \'I' F'oralMOO.."
1`ntr 3 ufJ -
Ver. t
PFF.iiitiiUIOMNIA%
!! ui�ttie: (Owurrofr.
10 ��iillutttliitndiit�Al�FS��Ks�
\RXiltitoutt %c oult+-
IPhomid41111Ifurrdi 1 &-Cf(turk tile.
WITHOUT RECOo>asE
(iasitttraim,21 PAY To THE ORDER OF
dame. Ami.4nnt Vice Tres' ent
,sh Wells Fargo Bank, N.A.
Pay to the Order of: ' l
1Vithout Kccuurse. Web Nip %nk, N'A' 8 Y
Provident Funding Assmiates, L.P. Lori K. Venego a
Vice President Loan Documentation
R
f
si nnettitre
Hume, Assistumt Vice Presid t
Exhibit "B"
LEGAL DESCRIPTION
ALL that certain tract of land situate in West Pennsboro Township, Cumberland County,
Pennsylvania, bounded and described in accordance with Subdivision of Robert Boyer prepared
by Larry Vern Neidlinger, Professional Engineer, draft of same consisting of four pages dated
July 18, 1975, being recorded in the hereinafter mentioned Recorder's Office in Plan -Book 27,
Page 103, as follows:
BEGINNING at a point on the northern line of Township Road T -483, known as Alters
Road, at the dividing line between Lots Nos. 3 and 4 as shown on said above mentioned draft,
which point at the Place of Beginning is 25 feet North of the original centerline of 33 feet wide
Township Road T -483, known as Alters Road; thence from said point at the Place of Beginning
along said dividing line between said Lots Nos. 3 and 4, North 12 degrees 27 minutes 33 seconds
East, a distance of 703.52 feet to a point in line of land now or formerly of Haus; thence along
said line of land now or formerly of Haus, North 76 degrees 14 minutes 14 seconds East, a
distance of 182.5 feet to a point at the dividing line between Lots Nos. 4 and 5 as shown on said
above mentioned draft; thence along said dividing line between said Lots Nos. 4 and 5, South 12
degrees 27 minutes 33 seconds West, a distance of 763.67 feet to a point on the northern line of
said Township Road T -483, known as Alters Road; thence along the northern line of said
Township Road T -483, known as Alters Road, by a line parallel to the original centerline of 33
feet wide Township Road T -483, known as Alters Road, and 25 feet northward therefrom, North
84 degrees 40 minutes 22 seconds West, a distance of 165 feet to a point at the Place of
BEGINNING.
File M 819084
CONTAINING 2.757 acres, exclusive of the road -bed of Township Road T -483 known
as Alters Road, and being all of Lot No. 4, Sec. A, as shown on said Subdivision Plan- for -
Robert Boyer recorded as aforesaid.
ALSO included in the within conveyance is so much of the road- bed of Township Road
T -483, known as Alters Road, as lies between the above described premises and the original
centerline of 33 feet wide Township Road T -483, known as Alters Road.
PROPERTY ADDRESS: 255 ALTERS ROAD, CARLISLE, PA 17015 -8968
PARCEL #46 -07- 0473 -025.
File #: 819084
VERIFICATION
Daniel Edward, hereby states th, hs�' he is Vice President Loan Documentation
of WELLS FARGO BANK, N.A., plaintiff in this matter, tha )e she is authorized to
make this Verification, and verify that the statements made in the foregoing Civil Action
in Mortgage Foreclosure are true and correct to the best o is 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.
s
N7/ Daniel Edward
Title: Vice President Loan Documentation
Company: Wells Fargo Bank, N.A.
Date: 07/20/2013
086 -PA -V2 File # 819084
9 _
FORM I
IN THE COURT OF COMMON PLEAS
WELLS FARGO BANK, N.A. OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s)
vs.
LINDA L. LONG
BRUCE C. LONG, 11 (��/
7 r
/ t✓ !,
Defendants) Civil
NOTICE OF RESIDENTIAL MORTGAGE FORECL01JR s
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential property which is the subject of this foreclosure action, you may be able to
participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender.
If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference.
First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400
extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you.
Once you have been appointed a legal representative, you must promptly meet with that legal representative within
twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all
requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal
representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a
Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the
service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an
opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your
lender before the mortgage foreclosure suit proceeds forward.
If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a
conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal
representative. However, you must provide your lawyer with all requested financial information so that a loan resolution
proposal can be prepared on your behalf, If you and your lawyer complete a financial worksheet in the format attached
hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed
within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is
scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable
arguments with your lender before the mortgage foreclosure suit proceeds forward.
IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS
REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Respectfully submitted:
Date nathan Lobb, Esq., Id.
No.312174
Attorney for Plaintiff
FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket #
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance, your lender must consider your circumstances to determine
possible options while working with your counseling agency. Please provide the following information to
the best of your knowledge:
CUSTOM ER/PRI MARY APPLICANT
Borrower name(s):
Property Address:
City: State: Zip:
Is the property for sale? Yes ❑ No ❑ Listing date: Price: $
Realtor Name: Realtor Phone:
Borrower Occupied? Yes ❑ No ❑
Mailing Address (if different):
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
CO-BORROWER
Mailing Address:
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
FINANCIAL INFORMATION
First Mortgage Lender:
Type of Loan:
Loan Number: Date You Closed Your
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
2" d Mortgage Utilities
Car Payment(s) Condo/Neigh. Fees
Auto Insurance Med. (not covered)
Auto fuel/repairs Other pr o p. payment
Install. Loan Payment Cable TV
Child Su ort/Alim. Spending Mone
Da /Child Care /Tuit. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income & Expenses:
Have you been working with a Housing Counseling Agency?
Yes ❑ No ❑
If yes, please provide the following information:
Counseling Agency: Counselor:
Phone (Office): Fax:
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP)
assistance?
Yes ❑ No ❑
If yes, please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your
delinquency?
Yes ❑ No ❑
If yes, please indicate the status of those negotiations:
Please provide the following information, if known, regarding your lender and lender's loan 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)
j
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 #: 819084
SHERIFF'S,u~R"v n S OuunCu~ OF CUMBERLAND COUN U Y=sc E
cm r- ' �m�»
Ronny RAnderson -<> mm
Shoriff 7.1
JqdyS Smith ~ C7-, r!
Chief Deputy
Richard VUStewart
Solicitor mrr/cam�/*o8Rep/rr -
Wells Fargo Bank, N.A.
vs. Case Number
Linda L Long (et al.) 2013-4471
SHERIFF'S RETURN OF SERVICE
07/31/2013 02:23PK8_Deputy Jeff Kolodz. being duly sworn according to law, served the requested Notice of
Residential.y�odgagaForeclosure DivemiunProgram and Complaint inyNo�gage Foreclosure by
.'personally"handing a true copy to person representing themselves to be the Defendant, to wit: Linda L
Long at255 Alters Road, West Pannobono. Carlisle, PA17013.
J V KdzbZl, DEPUTY
07/31/2013 02:23 PM-Deputy Jeff Kolodzi, 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 Linda Long, Wife, who accepted as"Adult Person
in Charge"for Bruce C Long, || ot255 Alters Road, West Peonabonn. Carlisle, PA17O15�
��z - A�-/
jTrkb60DZI, DEPUTY
SHERIFF COST: %5U.78 SO ANSWERS,
August O1. 2O13 RbNN07R ANDERSON, SHERIFF fl)CountySuilo Sheriff,Teleosofl,Inc.
I
WELLS FARGO BANK,N.A., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
• t� n>
V. NO. 13-4471 CIVIL TERM '
MOD
LINDA L. LONG and, c�
BRUCE C. LONG, II, ...C>
Defendants T =
REQUEST FOR A CONCILIATION CONFERENCE
Pursuant to the Administrative Order dated February 28, 2012, governing the
Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned
certifies as follows:
1. Defendants are the owners of the real property which is the subject of this mortgage
foreclosure action;
2. Defendants live in the subject real property, which is Defendants' primary residence;
3. Defendants have been served with a "Notice of Residential Mortgage Foreclosure
Diversion Program" and have taken all of the steps required in that Notice to be eligible to
participate in a court-supervised conciliation conference.
The undersigned 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.
1113
J G. Mila ovic,Esquire Date
Attorney for Defendants with Respect to
Diversion Program Only
Bruce C. Long, II, Dfdant Date
A(Zlnj,X' A� 9- /5--1d
Linda L. Long, Defe0lant Date
CERTIFICATE OF SERVICE
It is hereby certified that a copy of the foregoing document was this day served upon the
following persons in the manner below indicated:
FIRST CLASS MAIL
Jonathan Lobb, Esquire
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Attorney for Plaintiff
Office of the Court Administrator
Cumberland County Courthouse
1 Courthouse Square, Room 301
Carlisle, PA 17013
Dated: F-J/J/j 3
Jo G. Milakovi
WELLS FARGO BANK,N.A., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA c
VS. CIVIL ACTION 'off
a "' =
co 3:1, r':T
c) -C
NO. 13-4471 CIVIL r-..) te ,r
LINDA L. LONG and BRUCE C. ,
LONG, II,
Defendants
CASE MANAGEMENT ORDER
AND NOW,this d 7*i day of August, 2013, the parties having agreed to a
conciliation conference, it is hereby ORDERED AND DECREED that:
1. The parties and their counsel are directed to participate in a court-supervised
conciliation Conference on /4:vZ4/� , at m. in
Chambers No. 4 at the Cumberland County Courthouse, Carlisle, Pennsylvania.
2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the
defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the
"Cumberland County Residential Mortgage Foreclosure Diversion Program Financial
Worksheet" (Form 2)which has been completed by the defendant/borrower. Upon
agreement of the parties in writing or at the discretion of the Court,the Conciliation
Conference ordered may be rescheduled to a later date and/or the date upon which
service of the completed Form 2 is to be made may be extended. Upon notice to the
Court of the 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 authoriz"e'd representative
in advance of the Conciliation Conference. If the duly authorized representative of
the plaintiff/lender is not available by telephone during the Conciliation Conference,
the Court will schedule another Conciliation Conference and require the personal
attendance of the authorized representative of the plaintiff/lender at the rescheduled
Conciliation Conference.
4. At the Conciliation Conference,the parties and their counsel shall be prepared to
discuss and explore all available resolution options which shall include: bringing the
mortgage current through a reinstatement; paying off the mortgage;proposing a
forbearance agreement or repayment plan to bring the account current over time;
agreeing to tender a monetary payment and to vacate in the near future in exchange
for not contesting the matter; offering the lender a deed in lieu of foreclosure;
entering into a loan modification or a reverse mortgage;paying the mortgage default
over sixty months; and the institution of bankruptcy proceedings.
5. All proceedings in this matter are stayed pending the completion of the scheduled
conciliation conference.
BY THE COURT,
Kevin ess, P.J.
Jonathan Lobb, Esquire
1617 JFK Boulevard, Suite 1400
1 Penn Central Plaza
Philadelphia, PA 19103
For the Plaintiff
John G. Milakovic, Esquire
213 N. Third Street
P. O. Box 11998
Harrisburg, PA 17108
For the Defendants
:rlm
WELLS FARGO BANK,N.A., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. : CIVIL ACTION
: NO. 13-4471 CIVIL
LINDA L. LONG and BRUCE C. :
LONG, II,
Defendants •
IN RE: CONCILIATION CONFERENCE
Present at a conciliation conference held October 10, 2013, were John G. Milakovic,
Esquire, attorney for the defendants, and the homeowners, Bruce and Linda Long. Troy Sellars,
Esquire, participated by telephone.
The defendants have made the first of three trial payments pursuant to a loan
remodification. Hopefully, this matter will be resolved in ninety days. A continued conciliation
conference is set by order of even date herewith.
ORDER
AND NOW, this /0 day of October, 2013, continued conciliation conference is set
for Friday, January 10, 2014, at 1:30 p.m. This order is entered without prejudice to either party
to request an earlier or later conference.
BY THE COURT,
•
.
Kevin • r ess, P. J.
rrnnco
Troy Sellars, Esquire
For the Plaintiff
ohn G. Milakovic, Esquire c ="
For the Defendants
CTES
10/16/12
aptto
flu R.
cup
ji 7
PM 1. -3
PENNS�N ACUU11 r y
NIA
Phelan Hallinan,LLP Attorney For Plaintiff
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
215-563-7000
WELLS FARGO BANK,N.A. • Court of Common Pleas
Plaintiff
Civil Division
v.
CUMBERLAND County
LINDA L.LONG
BRUCE C.LONG,II No. 13-4471-CIVIL
Defendant(s)
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.
n Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice.
❑ Please mark the in rem judgment Satisfied and the action Discontinued and Ended.
❑ Please Vacate the Judgment entered.
Date: l/(7/F PHELAN HALLINAN, LLP
By:
Adam H.H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
PH# 819084
Phelan Hallinan,LLP Attorney For Plaintiff
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
215-563-7000
WELLS FARGO BANK,N.A. Court of Common Pleas
Plaintiff
Civil Division
v.
CUMBERLAND County
LINDA L.LONG
BRUCE C. LONG,II No. 13-4471-CIVIL
Defendant(s)
CERTIFICATION OF SERVICE
I 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:
LINDA L. LONG
BRUCE C. LONG, II
255 ALTERS ROAD
CARLISLE, PA 17015-8968
Date: /717/( PHELAN HALLINAN, LLP
By:
H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
WELLS FARGO BANK,N.A., • IN THE COURT OF COMMON PLEAS OF
Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA
vs. • CIVIL ACTION
•
: NO. 13-4471 CIVIL
LINDA L. LONG and BRUCE C. :
LONG, II, :
Defendants :
IN RE: CONCILIATION CONFERENCE
ORDER
AND NOW, this Ti- day of January, 2014, it appearing that there has been a
resolution in this case, the conciliation conference set for Friday, January 10, 2014, is
CANCELED.
BY THE COURT,AL-
Kevi . Hess, P. J.
D. Troy Sellars, Esquire
Fo the Plaintiff
John G. Milakovic, Esquire
For the Defendants
Cop;es
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