HomeMy WebLinkAbout13-4789 Supreme Court of Pennsylvania
Cour d Commo Pleas
? For Prothonotary Use Only:
+�ivil�Coe Sheet
CUMBERLAND 1 Coun �
t3' Docket No: L", `] ,,,4b
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace thefiling and service ofpleadings or other papers as required by 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 Plaintiffs Name: WELLS FARGO BANK, N.A. Lead Defendant's Name: CARRIE L. MALDONADO
T
Dollar Amount Requested: ❑ within arbitration limits
I Are money damages requested? ❑ Yes N No
0 (Check one) 9 outside arbitration limits
N Is this a Class Action Suit? ❑ Yes ❑x No Is this an MDJ Appeal? ❑ Yes Z No
A Name of Plaintiff /Appellant's Attorney: Allison F Zuckerman Esq., Id No 309519 Phelan Hallinan, LLP
❑ Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant)
Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
❑ Intentional ❑ Buyer Plaintiff Administrative Agencies
• Malicious Prosecution ❑ 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
❑ Partition ❑ Replevin
• Dental ❑ Quiet Title ❑ Other:
• Legal ❑ Other:
• Medical
• Other Professional:
Pa. RC.R 205.5 Updated 0110112011
+' ! i = "I1H114Q
hi !' {
CUf-'-BERLAND Cc uri- Y
L- INN'>YLVA,'IA
PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF
Allison F. Zuckerman, Esq., Id. No.309519
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
allison.zuckennan@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 Q
Plaintiff, NO.: [,/ �� /
VS.
CARRIE L. MALDONADO
DAVID V. MALDONADO
55 EAST YELLOW BREECHES ROAD
CARLISLE, PA 17015 -7500
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:
1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW
Q
BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff').
1 D?
aml
062-PA-V3
2. The Defendants, CARRIE L. MALDONADO and DAVID V. MALDONADO,
are individuals whose last known address are 55 EAST YELLOW BREECHES ROAD,
CARLISLE, PA 17015 -7500,
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 May 16, 2008, CARRIE L. MALDONADO and DAVID V.
MALDONADO made, executed and delivered to SOVEREIGN BANK a Mortgage in the
original principal amount of $245,883.00 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. 200816893. 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 August
8, 2008, 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. 200827087.
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. CARRIE L. MALDONADO and DAVID V. MALDONADO 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 April 1, 2013.
062 -PA -V3
8. As of 08/02/2013, the amount due and owing Plaintiff on the mortgage is as
follows:
Principal Balance $240,524.40
Interest 03/01/2013 through 08/02/2013 $ 3,278.52
Late Charges $ 175.85
Escrow Balance $ (1,044.25)
TOTAL $242,934.52
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 action does not come under Act 91 of 1983 because the mortgage is FHA -
insured.
11. 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 $242,934.52, 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: ab ` Zrne4brPlaintiff 'o Zuc an, Esq., No.309519
���///
062 -PA -V3
Exhibit "A"
0. 2012 2;16I'm ELLS FARGO DOC CUST
State of Pevasyivarnia NTOTE
M•a� �G, ?..0 -
[Datcl
�S Fas `tellom' I3ze. °ohes :.oad
; aropedy Addt^ss]
"Borrower" moms each person signin, at the end of feis Nora, and the person's successors and assi, ts_ "Lender" means
Plan]:
find 7.1:^.: ttcrosol5 a d -assigns.
B ORRO`e' EM'S P.130.MLO TO PAY; Ti'yfi' ,K'.5A'
rn retrtn for a Ica -, received :om Lender, Borroryer pzQmjses to pay the principat sum of : wo 11madzed Forty
Thousalid E.gkrt HunOxed Ei.gh!y Three Zmd Zero /100
Dollars (U.S. S 245,881". 00 ) , p lus, interest, to the order ox L ender - Interest mill be charged oR unpaid principal,
fool) the cixx of (jisbursement of the lout proceeds by ?:ender at ttre rate of Six
percent ( 4.400 w..) per year until the f IB amount of principal has been paid.
:3. I. XOC I VY1S}E TU P. ,x Z Ce BEI)
Lorrower's t romise to pay is srcumd by z raottgage, deal of trust or. similar sectuity instzutncut tbat dated rite same date
as this Note aua called the ";ecv.tily :ustft:atent." ';.rte Sactt.;�ty L,;�:raserit protects the Leude,-t�com losses wrldcli might °esfdt if
BOUDIA d: ifat,l' rs =der dds Note.
!VWS'NER OF
Bo,rrower giail make a payment o; p kicipai and interest to Lender ou the first dry of each ,m, ovdi boga� ig ou
July 01 2008 Any principal a„d interest re*n in, cn ilie first day of Jtt�°ie ,
2 G i v. be due Oa th d''at:', vibi f3 calicd the °lvlaturity Pate."
Izymcat shall be made, at 3130 Be=hslz.�.re E:L -v6. , TTyoti.ssinSj, TA. 396,10
or at sucb. place as Lender, =y designate in writing
by ri.Odre to Bon ovwer.'
X) Amovat
} ?a monthly pa of principal anti. interest . w1 be ka rho amount of U.,S'. $ 1,474.20 This 2mount
wvi?_i be past of a larger monfaly payruicys rouimro b Ic Secunty Instrument, that shall be apphed to principal, interest and
other i'mms> in flu. order descr in the Security Instrument.
(D) �'OA: ige ku tuis 7+7cte for paymoz nt ad ustmeuL - r
rf all i:llonute p ovilliag *An7 pkynient adjus;rnanu is Cxfx. and by w ICr togefue: 1.1, tf;1S Noto, tIA9 CoVejWtS Of
trio Alonre wail be iueoxpomed imu aed slra:l amend and supillmment tbo coVena.. iz of f uis Note Ps if the allons;e were x part. of
tbxs Mote. [Cnecic auplic3ljle boxj
EJ • ?wmeut Allorge ❑Growing l:gciey filloube ❑Ctiler [specifyj
;3orro�ver li :: vle r;,gllt to nay rite debt evider:`d by tti'$ Nate fvhole ter ut part, wid,ot f charge or penalty, on the first
da of 31;f month. Lender shall rerem, prepaymmt on other days pro.•i6ed that Bcrrow% pays ivurest oji the onio-am prepaid for
The remaisd,r of the moxith to the weat regairod by T.endcr axtd peimiaed by regulatious ox itka Secretary. If 13onronrer mattes a
pe j e t l prep will be no c'.ranges ux the dtie date or iu the• =.Ors.i of the monthly payrnew unless .Lender ees i.
r agzrz
1`IFIC]'C}� tom- Ti1oso Oiatigm.
IMA'a'ennsrl vn4i maed r6tt Mote- 10195
SUP. Q. "1012 2:16PM ',ELLS FARGO DOC CUST
�- T>GL�RCIF►�IsTi� 5 + ?l�iT,T)�. '3'O
PA
i.ate Charge for Overdu Paywcazts
If I,e=le „ws not received ibe A monthly payment r by the So6nity lannmaeat, ; described !a 'Paragraph
4(C) of this Note, by trc end of ftftaen caleaci2r days ait ez' flse pajm=', is clue, T,zt,der may collect a late charge in the amount_
Of iV sour percent ( 4 .0 0 0 %) of tf ovezdue atuount of e:seh payment.
(,) D6anit
if Botrowcr ddl-,w xs by f -jiba- to vsy La full any modlily p+ay nesi:, then Lender may, except n Bruited by regulations
of ttie Secretary in the case of payment defaults, requite immediate paymeatt zn fu- of th.e principal balancer remaining duo atod
all, accrued interest. Linder may choose not to exercise this option withoat waiving its rigli.ts in the eveiat of my subsequent
defy uR. la many circF vxstan= rcgtdations issued by the Secrerary will li"r r Leader's rights to require immediate payment iii
frill in the case Of p ayment defaults. Tbts Note does act authorize acc.leratirja when riot perrc ttect by 1It7D regulations. A used
bi this Note, •'Secretary" mean; Tile Swretazy Of Nlousin5 and Urban Dcvelomem or his or h:r dcsierce.
(C) Faymient of Costs and I ;r peitse,
Tl Lender I= required itomahate payment in full as described above, Lende may require Borrower to pay costs and
expow.cs including reasonable a ad customary arconieys' fees for enforcing - Lbis Notx, to tits oxteat wt'prohibited by applicable
larv. Sticii fees :.ad c:osrs shall bear interest from the date of disbursement at-the satire. rate as the principal of this Noce.
Borrower and arty t)i.lier perm .vho h obligi'tiOns uncle fh;s Note ws.iva the Its of nre_entnient and nodes of
d i. ;hoaoz. "P.resentraeaz" ztre tL right to require J.ender to detnaud payment o amo clue. "Notice a dishonor." means the
ri }).xt w IDw.Itt lxnd o rsbm w ice; to Oih:x persow f11RE xnotli - &S have not been mid.
�. G•MING',- i7(
l7uless applicablk. law require.- a di{fereut rzetbod, any notice that must be given to Borrower vader this More will be given
by dF.Iiveratta it or by rwilinv ir- by list class :u0.i1 to Borzovier at the property sd(jims above or at a different address if
Borrower ii as o tieii Lemcter a Tjotice of . oll'olver d ifferent adt5ress
Any rxtke Tl)zt must be given to . ender tinder this Noto - will to given by ZzTst class w0l to T cedes at the address stated iu
Ilaragrapl - t 4(B) of arr a differam address if- Bot;tower is givzu a r,o'ic.: of rad dif'esent address.
9. OVILIG N ;iIO NS 0.F PML JNS' Ut�tDEP T JKA8 IN0 rr
rg raves than sae per�an si. this Note, each person is DZy S ad personally obligate to 'seep all of the promises made its
this bore, ;I tai,°, pro. iisc to pay 2IlouGt oWad. Any po ison who is a guarantor, surotj or e nd o rser of Ulf Note is
also obj;g3U.:r to do fawe things. Any ps;swx who rakes- Over tiles^ abligatious, i%icluding the obtigatioiw of a guammor, surety
or eudorsr r of this :•?ate, L also obligated to keap s1l of the promises made in this Note. Lender pray enforce its risAits under this
Note Fgai st each person indiridu °,?ly or against all signatories together. 1 son y one per siaaing this Note may required to
pay ali of the amounts owed rind err t 4i$.Nutc.
Thus i: a co ux;t under sea: attd may be ezt`onAd teen -_ 42 PA. C.S. Sccdo�
BY SICNI\ 3 lthLOW, Borrower er accepts and zRress to the tPl7 n and eo veulnts c0i -mined k thi$ NOM
17 (Seal)
- -P� r �J1� ` I t (Seal)
T�a..r i 2 �Y l� :a 1.ti < ;uz.cio •}lorco�xz t T� =� X1•:_3 do.aado -Ao� oa.ef
(Seal)
C7u-3i=
I0 i" vtif•'rflOF
.� - -- ._....,....._.T_ .._.._....... (Seal) -- ••-- -- � "`ells �r• %.�: - �•, (:�1)
— _ ..�...r
(Seal) E �'� �;i�, �,_ �, : _,.L y r _ (Seal)
- Borower
ITIT1107K X) COi1n.SE
M Y TO TIR UP )U, 0:
vMP i tit ?!a),o :an TELLS FARGO BANiY,N -A- r,9aa.t;
SCl•'1ERl:'.iG\
Cr�.OL 51IL�; Fl:_3 BLi1\MIV!G OFFICER
Exhibit "B"
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in the
Township of Dickinson, County of Cumberland and Commonwealth of Pennsylvania, bounded
and described as follows:
BEGINNING at a point in the center line of East Yellow Breeches Creek Road (T -463) on the
dividing line between Lots Nos. 11 and 12 on the hereinafter mentioned Subdivision Plan; thence
by said Subdivision Plan, South 23 degrees 07 minutes 41 seconds East 325.38 feet to a point;
thence by the dividing line between Lots Nos. 1 and 11 on said Plan, South 46 degrees 04
minutes 11 seconds West, 97.94 feet to a point; thence by the same, South 57 degrees 19 minutes
46 seconds West, 74.09 feet to a point; thence by the dividing.line between Lots Nos. 8 and 11
on said Plan, North 20 degrees 22 minutes 41 seconds West, 347.98 feet to a point in the center
line of East Yellow Breeches Creek Road; thence by said center line, North 57 degrees 19
minutes 46 seconds East, 150 feet to a point, the place of BEGINNING.
CONTAINING a gross area of 52,990.17 feet (including the portion of said lot subject to the
dedicated right of way for East Yellow Breeches Creek Road (T -463), and being Lot No. 11 on
the Final Subdivision Plan for Plan No. 3 of Callapatscink which is recorded in the Office of the
Recorder of Deeds for Cumberland County in Plan Book 51, page 119, and being improved with
a two story salt box style dwelling house with a two car garage.
BEING known and numbered as 55 East Yellow Breeches Road.
PROPERTY ADDRESS: 55 EAST YELLOW BREECHES ROAD, CARLISLE, PA
17015 -7500
PARCEL #08 -31- 2197 -036
Pile #: 927199
VERIFICATION
Leola McCray, hereby states that heo is Vice President Loan Documentation,
of WELLS FARGO BANK, N.A., plaintiff in this matter, that he/o 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 of hisQinformation 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: Leola McCray
Title: Vice President Loan Documentation
Company: Wells Fargo Bank, N.A.
Date: 08/05/2013
File #927199
086 -PA -V2
FORM 1
IN THE COURT OF COMMON PLEAS
WELLS FARGO BANK, N.A. OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s)
vs.
n�
CARRIE L. MALDONADO C
DAVID V. MALDONADO `-? �°
Defendant(s) Civil
�C-)
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE'
DIVERSION PROGRAM{ C-, =�
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:
r2 - ;; ;w
Date Allison F. kerman, Esq., Id. No.309519
Attorney for Plaintiff
FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket #
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance, your lender must consider your circumstances to determine
possible options while working with your counseling agency. Please provide the following information to
the best of your knowledge:
CUSTOM ER/PRIMARY APPLICANT
Borrower name(s):
Property Address:
City: State: Zip:
Is the property for sale? Yes ❑ No ❑ Listing date: Price: $
Realtor Name: Realtor Phone:
Borrower Occupied? Yes ❑ No ❑
Mailing Address (if different):
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
CO-BORROWER
Mailing Address:
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
FINANCIAL INFORMATION
First Mortgage Lender:
Type of Loan:
Loan Number: Date You Closed Your Loan:
Second Mortgage Lender:
Type of Loan:
Loan Number:
Total Mortgage Payments Amount: $ Included Taxes & Insurance:
Date of Last Payment:
Primary Reason for Default:
Is the loan in Bankruptcy? Yes ❑ No ❑
If yes, provide names, location of court, case number & attorney:
Assets Amount Owed Value:
Home: $ $
Other Real Estate: $ $
Retirement Funds: $ $
Investments: $ $
Checking: $ $
Savings: $ $
Other: $ $
Automobile #1: Model: Year:
Amount owed: Value:
Automobile #2 : Model: Year:
Amount owed: Value:
Other transportation (automobiles, boats, motorcycles): Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
I. Monthly Gross Monthly Net
2. Monthly Gross Monthly Net
3. Monthly Gross Monthly Net
Additional Income Description (not wages):
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 Mort a e Utilities
Car Payment(s) Condo/Neigh. Fees
Auto Insurance Med. not covered
Auto fuel/repairs Other prop. payment
Install. Loan Payment Cable TV
Child Sup 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:
V-mail:
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
UWe, , 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. UWe 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 #: 927199
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
177Z;�a
Ronny R Anderson
Sheriff = i ti hOT00 ;", i'
��,,��r�r of ,�.
Jody S Smith 2013 SEP 16 PM 2: 50
Chief Deputy
Y „lll� ;
Richard W Stewart " . CUMBERLAND COUNTY
Solicitor OF-FICE Or THE S+fERIFF PENNSYLVANIA
Wells Fargo Bank, N.A.
Case Number
vs.
Carrie L Maldonado(et al.) 2013-4789
SHERIFF'S RETURN OF SERVICE
08/30/2013 04:00 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search
and inquiry for the within named Defendant to wit: Carrie L Maldonado, but was unable to locate the
Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential
Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 55
East Yellow Breeches Road, Dickinson Township, Carlisle, PA 17015. Deputies were advised by a
neighbor that no one is living at the residece.
08730/2013 04:00 PM- Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search
and inquiry for the within named Defendant to wit: David V Maldonado, but was unable to locate the
Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential
Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 55
East Yellow Breeches Road, Dickinson Township, Carlisle, PA 17015. Deputies were advised by a
neighbor that no one lives at this residence.
09/05/2013 09:08 PM-Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search
and inquiry for the within named Defendant to wit: David V Maldonado, but was unable to locate the
Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential
Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Served"at 42
W. Pomfret Street, Apt. 1, Carlisle Borough, Carlisle, PA 17013. Deputies were unable to make contact
with anyone at the residence and the Complaint has since expired.
09/05/2013 09:08 PM- Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search
and inquiry for the within named Defendant to wit: Carrie L Maldonado, but was unable to locate the
Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential
Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Served"at 42
W. Pomfret Street,Apt. 1, Carlisle Borough, Carlisle, PA 17013. Deputies were unable to make contact
with anyone at the residence and the Complaint has since expired.
SHERIFF COST: $57.56 SO ANSWERS,
September 13, 2013 RONNY R ANDERSON, SHERIFF
(c)Cou^tySuite Sheriff,Telecsott,In
I
F
2013 NOV `U t�
Phelan Hallinan,LLP 4tt`ory For Plaintiff
1617 JFK Boulevard,Suite 1400 t..UI�9c�ERLAND COU?ffy
One Penn Center Plaza 'c"WENS YLYANIA
Philadelphia,PA 19103
215-563-7000
WELLS FARGO BANK,N.A. Court of Common Pleas
Plaintiff
• Civil Division
vs
CUMBERLAND County
CARRIE L.MALDONADO
DAVID V.MALDONADO No. 13-4789
Defendant
PRAECIPE
TO THE PROTHONOTARY:
® Please withdraw the complaint and mark the action Discontinued and Ended without prejudice.
I 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.
n Please mark the in rem judgment Satisfied and the action Discontinued and Ended.
n Please Vacate the Judgment entered.
Date: /11/13 PHELAN HALLI
I�
By: A 1 AJA A AJA ,� I
Meredith Wooters,Esq., Id.No.307207
Attorney for Plaintiff
PH#927199
■
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
CARRIE L. MALDONADO No. 13-4789
DAVID V. MALDONADO
Defendant PH#927199
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:
CARRIE L.MALDONADO
DAVID V. MALDONADO
42 WEST POMFRET STREET
APARTMENT 1
CARLISLE,PA 17013-3233
Date: � i y �3 PHELAN HAWN•N, LP
By: 1 )4/ad,V
Meredith Wooters,Esq., d. No.307207
Attorney for Plaintiff