HomeMy WebLinkAbout13-5351 Supreme Court of Pennsylvania
Court, 6f n Pleas
� , For Prothonotary Use Only:
iv rl'Cove>r S eet
CUMBERLAND l 'i Cou nty Docket No:
° ii rr �.
The information collected on this form is used solely for court administration purposes. This forth does not
supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court.
S Commencement of Action:
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: PATSY H. CROCKETT A/K/A PATSY
T. S /B /M TO WACHOVIA BANK, N.A. CROCKETT
I Are money damages requested? ❑Yes Z No Dollar Amount Requested: El within arbitration limits
0 (Check one) ❑x outside arbitration limits
N Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJ Appeal? ❑ Yes ❑x No
A Name of Plaintiff /Appellant's Attorney: Meredith Wooters, Esq., Id. No.307207, 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
$ ❑ 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:
❑ Other:
El Medical
❑ Other Professional:
Pa.R.C.P. 205.5 Updated 0110112011
rIL -Opt ,l;
OF"
� PRO TIJONO ''A;
Q13 SEP 1 0 At, 9 �3
CUMRERL ,4HO COUd i 3
RENIyS YLVA
PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF
Meredith Wooters, Esq., Id. No.307207
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Meredith.Wooters@phelanhallinan.com
215 -563 -7000
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK, N.A. S /B /M TO WACHOVIA
BANK, N.A. CIVIL DIVISION
3476 STATEVIEW BOULEVARD
FORT MILL, SC 29715 NO.: — ' 335 )
Plaintiff,
vs.
PATSY H. CROCKETT
A/K/A PATSY CROCKETT
810 NORTH PHEASANT DRIVE
CARLISLE, PA 17013 -1225
Defendant.
CIVIL ACTION — COMPLAINT IN MORTGAGE FORECLOSURE
And now comes WELLS FARGO BANK, N.A. S /B /M TO WACHOVIA BANK, N.A.,
{
by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage Foreclosure as
follows:
062 -PA -V3 —
I�a
1. The Plaintiff is WELLS FARGO BANK, N.A. S /B /M TO WACHOVIA BANK,
N.A., 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff').
2. The Defendant, PATSY H. CROCKETT A /K/A PATSY CROCKETT, is an
individual whose last known address is 810 NORTH PHEASANT DRIVE, CARLISLE, PA
17013 -1225.
3. WELLS FARGO BANK, N.A. S /B /M TO WACHOVIA BANK, N.A., directly
or through an agent, has possession of the Promissory Note. WELLS FARGO BANK, N.A.
S /B /M TO WACHOVIA 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 24, 2007, PATSY CROCKETT made, executed and
delivered to WACHOVIA BANK, NATIONAL ASSOCIATION a Mortgage in the original
principal amount of $123,358.50 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. 200801024. The Mortgage is a
matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P.
1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if
those documents are of public record.
5. Plaintiff is the current Mortgagee.
6. PATSY H. CROCKETT A/K/A PATSY CROCKETT is record and real owner
of the aforesaid mortgaged premises.
7. JOE L. CROCKETT was a co- record owner of the mortgaged premises as a tenant
by the entirety. By virtue of JOE L. CROCKETT's death on or about 05/03/2005, his ownership
interest was automatically vested in the surviving tenant by the entirety.
8. 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 March 1, 2013.
062 -PA -V3
9. As of 09/03/2013, the amount due and owing Plaintiff on the mortgage is as
follows:
Principal Balance $118,717.83
Interest $1,398.03
02/01/2013 to 09/03/2013
Late Charges $193.84
Property Inspections $60.00
Escrow Deficit $3,318.27
Suspense Balance ($0.36)
TOTAL $123,687.61
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.
10. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of
Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended
in 2008, and /or Notice of Default as required by the mortgage document, as applicable, have
been sent to the Defendant(s).
11. Plaintiff hereby releases JOE L. CROCKETT, from liability for the debt secured
by the mortgage.
12. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff
is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to
do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of
personal liability in a bankruptcy proceeding, this action is in no way an attempt to re- establish
062 -PA -V3
such liability.
WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for
the amount due of $123,687.61, 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: (,(;� I (3 Meredith Wooters, Esq., Id. No.307207
1 Attorney for Plaintiff
062 -PA -V3
Exhibit "A"
(Page 1 op y)I
D h.: IS ..try
Note
BORROWER(e):
PATSY CROCKETT
810 N PHEASENT DR
CARLISLE, PA 17013
1. BORROWERS) PROMISE TO PAY. In return 1. a ban that l have —Ned, the undersigned Borrowsr(a)
(herelne2er referred to as 'I," "me." or 'my) jointly and s—mlfy, proMee to pay to Wechorm Bank. National
Assadafmd, a national banking esaoeiation oriented 0snted and existing under the la of the Untied Steles of Amen.
('Lend,,'), the sum of $ 123]58.80 (the amounl wig be Called'Prndpel '), plus dairy simple Interest
(Trderesn beglnding onthe data that Pdndpal Is advanced. The Principal may l duds pdnis, odphsdon fenand ether
ounta pmmltcd by applicable law. I understand that the Larder may Irensflrthie Nob. The Lander oramyonM
tikes this Note and who is entitled to —Na payments under this Note will be called the 'Note Holder,'
2. INTEREST. Intense! will accrue on the entire Principal balance outstanding at my Ime. NotwUwkindiry anything to
th e contrary, ido nol agree N pal' and ft Note Holder does not Intend b Charge any Interelnate Rtathat§hgherthm
the mmamum fete of Interest that could be Charged under applkablo law or the etlension of credit that Is agreed to
under thla Note (either betas or after mabdty). If any notice of laderest accrual is saes end is In error, and f Mc Note
Holder acb,ally Collects more In emel than allowed try law or this Note, the Nob Holder sprees to rotund any such
excees Invent
I agree Io Pay Interest on the unpaid Pdndpal balance of INS NOW owing after matunly, no until paid In full at the same
mbinaffadbaforematadty, Iagree that any loan origination fee psklto the Note Holder is earned asaftlm date oflhd
Note.
Interest accrues on the Principal remaining unpaid from time In time, until paid In full. The lnerest Rata, asdeMed m
thle Sedbn2below,w1) 1 be Charged at a rate of 1/3651h o1MO Interest Rabb each day, or tl3%Ihofthe lark dRele
fa each day th any leap year, applied agahst that day's oulatandkg Principal balance. The dolar amomtefthethereat
Charge and the paymenlselime can to me forthls credit trarea don am based upon my paymanmlriry) meehwd byMa
Nate Holderan the date paymenbere due. If my payments amm-t ed after the due date, even N meshed before the
data a Lave Charge es permitted by Section a applies. I may owe adlMOm it and 6ubsbdet money al the and d Ore
Credit transaction and them may be little or no reduction of Principal. This is a result of the ecaual of daily interest.
To tiro extent that any lees or charges me added to the Principal issuance, they will theme ter beer Interest and I agree he
pay thlsimaresl. l understand thank, the eves myMst psymemdue date Y mom than one month from the dale of this
Nola, aro or more of my thDGI psymente may not pay all of the Interest owed an the date of the payment and therefore
may net reduce the outstanding Pdndpal belanee.
Bede governing law which applies b this Nola sale maximum loan wages and is gnalyinterpreted sothatthe Interest
end other Charges celled orto be collected In anmdonwiththisloon exceed the permitted RdtLIh. (.)wry such
Interest am other Charge shell be rnduced by the amount neceseery to reduce IM Interest or other Gorge to the
permitted limit and (b) any sums already collected hm a mewhich exceeded permitted ImIsAll be refunded to me. The
Nina /older may shone to make this refund by,aducim the Pdndpal I owe under this Note or by making a direct
payment to me, If o refund reduces Principal, the reduction will the mauled as a partial Payment
Check One:
® Fixed Rate:
I agree to pay Internal an the outstanding Pdndpal balance at a fixed annual rate of e,e: %('Inbred Rata').
Adfustabb Ram:
(A) barest Rare: I agree to pay Interest an the outstanding principal balance .I the insist annual We of
NIA %(Inheres( Ravel until the first Change Dale as Call in Paragraph (S) below. Thereafter, the Interest
Rare I pay may Change tie of each Charge Dab end All be alcub re
led puuanttm Paragraph (0) below. My nU
IB annual ate may not be related to the formula used to determine later rate.
) Dam Ordinal mn ::
(1) Change Dale: FSCh data on whk:h the Interest Rare may change is calledthe Charge Dam. The land
Rata may change and every monM(s) thereafter.
(u) Index Dana: The 25th dayof each moth is an'hdex Data.' litre Index s rwtpublshed mthe25Mdeyof
the month, than the Index Data drag be Me first day Prior b the 2511r day of the month en which the Wax Is
pub g had.
(III)Laakback Dam: The data that is 30 dgya prior to a Change Dabs is ailed the 'Lookbeck Dab.'
(C) The Index: Check One:
❑ The 'Indee Is the 7ri na Rata' es published on the Index Date g the Toney Raba'aadon of The Wag
SbeetJoumd,Eactem Edition, "them is more than one Prime Rate publ'ahedmm dex In Data, than fro Note
Holler -1 use Me hgner mf such pd.. fats. If this Index cmasm to.-. the Nek Harden may substllub
another Index (and Margin, ea described m Paragraph (0) be" whktr movement approximates the
movement of the Prime Rana.
rag —
1
(Page a oS T)
❑ The Tncox' Is Mo Reange of lMaxbank oReMd roEes for_ month U.S. dollardenomi.M d eleposts In
the Lorton market ('LIBOR? u published on the Index Data in the Tdorroy Roles section of The WaeSaee7
JeUmel, Eentem Edition. IfthexeIs more then one LIBOR published on an Index Data, Nan t i Hldderwfl
we Ne hgherolsuch UBOR rates. If Mis Index ceases to exist the Note Holder maysubeflute another Index
(and Margin, as described In Paragraph (D) below) which movement approdmetas the movement of LIBOR.
(D) Cakulacien of New bilateral Rate: Th e new - m hderest Rata that will be applicable beginning on each
Chage 0910 will be determined as fulicels
Check One:
❑ The newannual Interest Rate will be equal Mine Index published on the Index Dale Were palcndormmhm
fmmedlatery preceding the Look -beck Data for that Charge Date, rounded down to the nearaat .01 %„plus
percentage point(s) ('Margin''). Sublapto any applicable Rostaeons Mfonh In Paragraph (E), its
new Interest Rate will become eteWro on each Charge Dale.
i
C] The new must Interest Rate wall Ds equal to the Index published an the Index Date for tlro calendar moth
Irnmedlalay, preceding that Change Date, rounded down W mp nearest! .01 %, plus percentage
pdnt(s) CIMglro. Subledlo any applicable timltetions set forth n Paragraph (E), this new interest Raw win
became effedNe on each Change Date.
(E) I.I.A. on Interest Rate Changes: My Interest Rate w10 never be greeter than %or less than O %.
❑lithe box is checked, the Interest Relewel be subject to the additional inslaborsonincrouseares. ThllnWrest
Rate lammqulradWpsyMthsanMChange D.WwNk rbagreatarthan %. ThenaMrinc,,m.
wan be sub)ed to an adaMonel limitation on each Change Deal such that the Interest Raw I pay call never be
Increased on any angle Change Dote by more than 2% from the Invariant Rate I have bean paying for the
procedng 12 moMle.
❑ If this box 19 dhac cod. mere vati be no additional Ilrralatian on Increases In my IMarasl Rate.
IF) Notice d Chemise: The Note Holder will deliver or mail to me a notice cfany changes n My Imerest Real as
reghdrel;.ppkcebaelhrw, The notice vin Include Information about any changes to ray Payment amount.
g. PAYMENTS.
(A)Payment OptI and Schedule: l
Check 0m;
❑tntaract ymanta: l will pay oocmad letopat begln*V on as follows: check one:
❑ manlhly or ❑ quarterly (kderesd Payments). Tha amount of each Interest Payment will vary depending upon
the smeunt of pnndpel outstanding. the date principal payments or Installment paymerhban seabed and 0Section
2 of me Not. P—des for an Adjustable Race, the Interest Rate men it e0en. In addition, I will make (he follownl)
Payment.:
Cheek One:
❑ Principal Reduction Payments angler a Balloon Payment In addition to Our interest Payments, 1 war
make Principal Paymens as act IoM in the Payment Schedule below:
❑ InetamrroMpsymsnta: F.,pr. oeoofihis Seclion0,me'P r- MChange Del .'Wthefrnpaym.M
due de1e DMa.' TheA.1mrsary Datrk NSdatelhatW_
transit) after the Note Date. Beginning on the Payment Chance Date, In place of InterenPaymetde,tvill make
ImWll"' n�eeyments of Prncipalandi l,r.st. Onm.AnrimmryDaW,mc Note Hander Wldctermn.me❑
mpalhly or U quarterly payment amours matweuld be sufeciamto repay me unpaid principal balance In full
over the Pia Period of lime ending on me Maturity Deal ait ® coined In Paragraph (D) w Intereal el me rnesel
In eecoMance wth Secton 2. The tesuX nlNSCelculatlon will be my new payment empura The NoW HOldef
w01 gala me notice of this new paymentamoure. This payment emountic enamn,d in the Payment Schedna
balm. X Section 2 ofthle Note provides for an Adjustable Rate, this PaymentamouM may change. On.adh
sub9equeM Cneroe Deta, me NOte Molder wg! eetarninelhe ❑ monmlyar o glenery p9ymenl ampuMmac
waukl he sumdeM to repay the unpold Pdndpn met I am eooded to owe at N. Chang. Doe In tall overgm
melMrg porlionaf a period oft1m.Ming on the Maturity Oat. m defied in Paragraph (D),belvw,Mmynaw
Inteest Rate. The result Mme calculation will be the new payment amount beginning onthehdpsymaMduo
data which e n lean 28 days oho the Change Date. I will Pay my new psymant amount ume me payment
amount change. .,.in or une the MatuMy Data as described in Paragraph (0),
® Installment Paymama or Installment Payments with a Balloon Payment: I will p %the unpaid PNrdipal and
Interval M treatment payments woe forth In me Payment Schedule below. If Secaon 2 of this Nate provides for
an Adjustable Rite, the payment,mounds, nclhrdirg the final payment as selforah n me Payment Schedule me
chenge. On exh Change D d..Ihe Note Hddexwin d.W,.H. the ® reenmy❑ quadetly0 sent -annuli ar�
noel payment amount that would be sufficient to repay me unpaid Principal that I am expected to owe at the
Charge Dote In full over the remaining palto of a period of lime ending on tiro Matudy Data 0a corned In
Paragraph (D), helow, ot my rhswl.wan Rat. TM ..It citu sulation ME be the new paymentemount. Iwel
pay my new payment amount beginning on the first payment due data .ter the Change Data until me payment
amount changes again er urwl the Maturity Date all described In Paragraph (D).
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e
(➢age 5 aS 9)I
NOTICE TO BORROWER:
1. CAUTION: IT IS IMPORTANT THAT THE BORROWER THOROUGHLY READS
THIS NOTE BEFORE THE BORROWER SIGNS IT.
2. THIS NOTE IS SECURED BY EITHER A FIRST OR SUBORDINATE LIEN ON
REAL PROPERTY.
9. THE BORROWER IS ENTITLED TO A COPY OF THIS NOTE.
4. DO NOT SIGN THIS NOTE IF IT CONTAINS ANY BLANK SPACES.
5. THE BORROWER ACKNOWLEDGES RECEIPT OFA COMPLETED COPY OF
THIS NOTE.
Byegnkp am seefrrp the Note, l agree undor seal to the tornw.el forth eoore.
`�,fTLt to IB EJL
Bo Ayer cROelrFrr
I SEALI
Borrower
Any Guarantor, Surety, C"igmr or Endorser of thls Nola seknowledgea reealpt Ina info, of the Co-
Sigma'. Wait .
ISFAIJ
Guarantor •CoSVw l
SEAL]
Guaredor- COSmm
Co-Signer
FOR OFFICE USE ONLY
I
Endoaaee»nt.
Pay to the Order of
Without Recourse
By.
Nome:
rnle:
ed.
Exhibit "B"
LEGAL DESCRIPTION
ALL THAT CERTAIN lot or tract of ground with the improvements thereon erected situate in
North Middleton Township, Cumberland County and the State of Pennsylvania, more
particularly bounded and described as follows to wit:
BEGINNING at a point on the northern line of Pheasant Drive, north on the dividing line of Lot
#29 and #30, also being 90 feet east of the northeast corner of Douglas Drive and Pheasant
Drive; thence by Lot #29 north 00 degrees 43 minutes 08 seconds east 157.34 feet -to a point
being a common corner of Lot #29, #28, #31 and #30; thence by Lot #31 South 83 degrees 10
minutes east 125.0 feet to the western line of Pheasant Drive north; thence by aforesaid, south 06
degrees 50 minutes west 70.45 feet to a point; thence by same by a curve to the right having a
radius of 75.0 feet a distance of 98.92 feet; thence by same South 82 degrees 24 minutes 06
seconds west 53.62 feet to a point being the place of BEGINNING.
BEING Lot #30 Section No. 1 of Pheasant Run Estates as recorded in Plan Book 23, Page 117.
BEING Known and numbered 810 Pheasant Drive North, Carlisle, Pa.
BEING THE SAME PREMISES which Thomas B. Guyer and Susan K. Guyer conveyed unto
John S. Lipnicky, by deed dated October 30, 1987 and recorded November 4, 1987 in the
Recorder's Office in and for Cumberland County, Pennsylvania, in Record Book A, Volume 33,
Page 516.
PROPERTY ADDRESS: 810 NORTH PHEASANT DRIVE, CARLISLE, PA 17013 -1225
PARCEL #29 -17- 1583 -017.
File #: 819232
VERIFICATION
Beena R. Saxena, hereby states that he h is Vice President Loan Documentation
of WELLS FARGO BANK, N.A., plaintiff in this matter, that he sh 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 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: Beena R. Saxena
Title: Vice President Loan Documentation
Company: Wells Fargo Bank N.A.
Date: 09/04/2013
086 -PA -V2 File # 819232
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 #: 819232
t
FORM 1
IN THE COURT OF COMMON PLEAS
WELLS FARGO BANK, N.A. S /B /M TO OF CUMBERLAND COUNTY; PENNSYLVANIA
WACHOVIA BANK, N.A. n
Plaintiff(s) C=
"Q 2t
vs.T� r
PATSY H. CROCKETT �� t
A/K/A PATSY CROCKETT
Defendant(s) / Civil =a C
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSM
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:
'J
Date Meredith Wooters, Esq., Id.
No.307207
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:
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 ° 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 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)
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson OF I it, ,.,�
Sheriff CCt 1,C 4 BAR `
Jody S Smith � ;
Chief Deputy � _` Zan SE. ,�5 �
Richard W Stewart " �
5 RL A
Solicitor Est: ICE OP THE; RIF9DD
p�SNSl'lVANlA
Wells Fargo Bank, N.A. Case Number
vs.
Patsy H Crockett 2013-5351
SHERIFF'S RETURN OF SERVICE
09/1412013 12:25 PM- Deputy Mark Conklin, being duly sworn according to law, served the requested Notice f
Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosu e b
"personally"handing a true copy to a person representing themselves to be the Def da , to it: Patsy
H Crockett at 810 North Pheasant Drive, North Middleton, Carlisle, PA 17
MAR CO IN, DEPUTY
SHERIFF COST: $34.78 SO ANSWERS,
September 20, 2013 WONIV R ANDERSON, SHERIFF
(C)CountySuitc Shentt,Toleosott,inc.
y
Phelan Hallinan,LLP i'3#� F 0 C Attorney For Plaintiff
1617 JFK Boulevard,Suite 14QQ t j rj CO NT
One Penn Center Plaza PENNSYLVANIA
VANIA
Philadelphia,PA 19103
215-563-7000
WELLS FARGO BANK, N.A. SB/M Court of Common Pleas
TO WACHOVIA BANK,N.A.
Plaintiff Civil Division
vs CUMBERLAND County
PATSY H. CROCKETT No. 13-5351-CIVIL
A/K/A PATSY CROCKETT
Defendant
PRAECIPE
TO THE PROTHONOTARY:
❑ Please withdraw the complaint and mark the action Discontinued and Ended without prejudice.
® 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.
n Please Vacate the Judgment entered.
Date: 6 0 2.//, PHELAN HALLINAN,LLP
By: 0/0444 / 04/■
Adam H.Davis,Esq.,Id.No.203034
Attorney for Plaintiff
PH#819232
•
w y
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. S/B/M TO Court of Common Pleas
WACHOVIA BANK,N.A.
Plaintiff Civil Division
v. CUMBERLAND County
PATSY H. CROCKETT No. 13-5351-CIVIL
A/K/A PATSY CROCKETT
Defendant PH#819232
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:
PATSY H. CROCKETT
A/K/A PATSY CROCKETT
810 NORTH PHEASANT DRIVE
CARLISLE,PA 17013-1225
Date: l/! ZW-4 PHELAN HALLINAN,LLP
By: �r�../
Adam H.Davis,Esq., Id.No.203034
Attorney for Plaintiff