HomeMy WebLinkAbout13-5619 Supreme Cour-t-of Pennsylvania
Courf Commo .Pleas
For Prothonotary Use Only: T
C C Sheet
CUrVll3END3d Cou Docket No:
The information collected on this form is used solely for court administration purposes. This form does not
supp lement or replace the filing and service ofpleadings or other papers 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: TAMMY I. MYERS
T SB/M WELLS FARGO HOME MORTGAGE, INC.
I Are money damages requested? El Yes 0 No Dollar Amount Requested: El within arbitration limits
0 (Check one) 21 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: Meredith Wooters Esq. , Id. No.307207, Phelan Hallinan, LLP
❑ Check here if you have no attorney (are a Self - Represented [Pro Sel Litigant)
Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
❑ Intentional ❑ Buyer Plaintiff Administrative Agencies
❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment
❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections
❑ Nuisance ❑ Dept. of Transportation
• Premises Liability ❑ Statutory Appeal: Other
• Product Liability (does not
S include mass tort) ❑ Employment Dispute:
• Slander/Libel/ Defamation Discrimination
E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board
C ❑ Other:
T
I MASS TORT ❑ Other:
0 ❑ Asbestos
N ❑ Tobacco
• Toxic Tort - DES
• Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS
• Toxic Waste tj ❑ Ejectment ❑ Common Law /Statutory Arbitration
B ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment
❑ Ground Rent ❑ Mandamus
❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations
® Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto
• Dental ❑ Partition ❑ Replevin
• Legal ❑ Quiet Title ❑ Other:
❑ Other:
❑ Medical
❑ Other Professional:
Pa.R.C.P. 205.5 Updated 01/01/2011
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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 WELLS
FARGO HOME MORTGAGE, INC. CIVIL DIVISION
3476 STATEVIEW BOULEVARD
FORT MILL, SC 29715 NO.: l 3 , 5 U 19 I Ux
Plaintiff,
VS.
TAMMY I. MYERS
147 NORTH BEDFORD STREET
CARLISLE, PA 17013 -2437
Defendant.
CIVIL ACTION — COMPLAINT IN MORTGAGE FORECLOSURE
And now comes WELLS FARGO BANK, N.A., S /B /M WELLS FARGO HOME
MORTGAGE, INC., by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage
Foreclosure as follows:
1 The Plaintiff is WELLS FARGO BANK N.A. S /B/M WELLS FARGO HOME
���A �
062 -PA -V3 CKj�- 13y
a ct ua4l
MORTGAGE, INC., 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter
"plaintiff').
2. The Defendant, TAMMY I. MYERS, is an individual whose last known address
is 147 NORTH BEDFORD STREET, CARLISLE, PA 17013 -2437.
3. WELLS FARGO BANK, N.A., S /B /M WELLS FARGO HOME MORTGAGE,
INC., directly or through an agent, has possession of the Promissory Note. WELLS FARGO
BANK, N.A., S /B /M WELLS FARGO HOME MORTGAGE, INC. 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 August 20, 2003, TAMMY 1. MYERS made, executed and delivered
to WELLS FARGO HOME MORTGAGE, INC. a Mortgage in the original principal amount of
$45,753.00 on the premises described in the legal description marked Exhibit "B ", attached
hereto and made a part hereof. Said Mortgage being recorded in the Office of the Recorder of
CUMBERLAND County in Book 1841, Page 2034. 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. TAMMY 1. MYERS is record and real owner of the aforesaid mortgaged
premises.
7. Defendant is in default under the terms of the aforesaid Mortgage for, inter alia,
failure to pay the monthly installments of principal and interest due March 1, 2013.
062 -PA -V3
8. As of 09/16/2013, the amount due and owing Plaintiff on the mortgage is as
follows:
Principal Balance $ 20,983.15
Interest $638.72
02/01/2013 THROUGH 09/16/2013
Late Charges $ 71.76
Escrow Deficit $ 476.40
TOTAL $ 22,170.03
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 $ 22,170.03, 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: la� Meredith Wooters, Esq., Id. No.307207
Attorney for Plaintiff
062 -PA -V3
Exhibit "A"
NOTE
AUGUST 31, 2003
[Date] [Chyl IStatel
147 N BEDFORD ST, CARLISLE, PA 17013
[Property Address]
1. BORROWER'S PROMISE 'r0 PAY
In return for a loan that I have received, I promise to pay U.S. $ ****** 45,753. 00 (this amount is called "Principal "),
plus interest, to the order of the Lender. The Lender is WELLS FARGO HOME MORTGAGE, INC.
I will make all payments under this Note in the form of cash, check or money order.
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is
entitled to receive payments under this Note is called the "Note Holder."
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. 1 will pay interest at a yearly
rate of 4.875 %.
The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(13)
of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly payment on the FIRST day of each month beginning on OCTOBER 01, 2003 1 will
make these payments every month until I have paid all of the principal and interest and any other charges described below that
may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest
before Principal. If, on SEPTEMBER 01, 2018 , t still owe amounts under this Note, I will pay those amounts in full on
that date, which is called the "Maturity Date."
I will make my monthly payments at WELLS FARGO HOME MORTGAGE, INC. , P.O. BOX 10304, DES
MOINES, IA 503060304 or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $ * ** * 358.84
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a
"Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a
payment as a Prepayment if I have not made all the monthly payments due under the Note.
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my
Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my
Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the
Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my
monthly payment unless the Note Holder agrees in writing to those changes.
MULTISTATE FIXED RATE NOTE - Single Family- Fannie Mae /Freddie Mac UNIFORM INSTRUMENT
Form 3200 1/01
VMP MORTGAGE FORMS - (800)521 -7291
Pape 1 of 3 Initial
S. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other
loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge
shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from
me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the
Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated
as a partial Prepayment.
b. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days
after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of
my overdue payment of principal and interest. 1 will pay this late charge promptly but only once on each late payment.
(B) Default
If 1 do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a
certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all
the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or
delivered by other means.
(D) No Waiver By Note Holder
Even if, .at a time when I am in default, the Note Holder does not require me to pay immediately in full as described
above, the Note Holder will still have the right to do so if I am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Notc Holder will have the right to
be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those
expenses include, for example, reasonable attorneys' fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by
delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note
Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first
class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that
different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in
this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is
also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety
or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights
under this Note against each person individually or against all of us together. This means that any one of us may be required to
pay all of the amounts owed under this Note.
9. WAIVERS
I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
"Presentment" means the right to require the Note Holder to demand payment of amounts 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.
Form 3200 1/01
Page 2 of 3 Initial
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the
Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument "), dated the same date as
this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this
Note. That Security Instrument describes how and under what conditions 1 may be required to make immediate payment in full
of all amounts I owe under this Note. Some of those conditions are described as follows:
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is
not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written
consent, Lender may require immediate payment in full of all sums secured by this Security Instrument.
However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these
sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security
Instrument without further notice or demand on Borrower.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
Mt `) _W (Seal) (Seal)
TAMMY I MY8 Borrower - Borrower
(Seal) (Seal)
- Borrower - Borrower
(Seal) (Seal)
- Borrower - Borrower
(Seal) (Seal)
-Borrower - Borrower
t
WITHOUT RECOURSE
PAY TO THE ORDER OF /Sign Original Onlyl
WEU.S 0 1"E
oan M. Mills, Vice President
Page 3 of 3 Form 3200 1101
i
Exhibit "B"
LEGAL DESCRIPTION
ALL the following described real estate lying and being situate in the Borough of Carlisle,
Cumberland County, Pennsylvania, more particularly described as follows:
ON the North by lot now or formerly of C. H. Sipe; on the East by lot now or formerly of Benj
Thompson; on the South by the lot now or formerly of A. W. P. Sipe; on the West by North
Bedford Street, containing in front on Bedford Street 18 feet, in depth 90 feet, more or less.
HAVING thereon erected a dwelling house known and numbered as 147 North Bedford Street in
said Borough.
THE above - described real estate is the same which Merrie Lee Price, formerly Merrie Lee
Wessels, and Cole B. Price, III, her husband, by deed dated March 8, 1982, recorded in
Cumberland County, Pa., Deed Book S, Vol. 29, Page 220, conveyed to Terrence A. Drachbar
and Carol A. Drachbar, his wife.
PROPERTY ADDRESS: 147 NORTH BEDFORD STREET, CARLISLE, PA 17013 -2437
PARCEL #02 -21- 0318 -194.
Filek 820433
VERIFICATION
Linwood Williams, hereby states that(&she is Vice President Loan
Documentation of WELLS FARGO BANK, N.A., plaintiff in this matter, that &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 o 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: Linwood Williams
Title: Vice President Loan Documentation
Company: Wells Fargo Bank, N.A.
Date: 09/18/2013
086 -PA -V2 File# 820433
FORM 1
IN THE COURT OF COMMON PLEAS
WELLS FARGO BANK, N.A., S /B/M WELLS OF CUMBERLAND COUNTY, PENNSYLVANIA r
FARGO HOME MORTGAGE, INC. —4
Plaintiff(s)
rn rn r f t
VS.
a,
-Y�
TAMMY I. MYERS
Defendant(s) iv
il
c)
C
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential property which is the subject of this foreclosure action, you may be able to
participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender.
If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference.
First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 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:
y au 1�3
Date Meredith Wooters, Esq., Id.
No.307207
Attorney for Plaintiff
a i
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 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 /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:
x a
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP)
assistance?
Yes ❑ No ❑
If yes, please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your
delinquency?
Yes ❑ No ❑
If yes, please indicate the status of those negotiations:
Please provide the following information, if known, regarding your lender and lender's loan servicing
company:
Lender's Contact (Name): Phone:
Servicing Company (Name):
Contact: Phone:
AUTHORIZATION
I/We, , authorize the above named
to use /refer this information to my lender / servicer for the sole purpose of evaluating my
financial situation for possible mortgage options. I/We understand that Uwe am /are under no obligation to
use the counseling services provided by the above named
Borrower Signature Date
Co- Borrower Signature Date
Please forward this document along with the following information to lender and lender's
counsel:
1. Proof of income
2. Past 2 bank statements
3. Proof of any expected income for the last 45 days
4. Copy of a current utility bill
5. Letter explaining reason for delinquency and any supporting documentation (hardship
letter)
6. Listing agreement (if property is currently on the market)
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice
are served by entering a written appearance personally or by attorney and filing in writing with
the Court your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so, the case may proceed without you, and a judgment may be entered against you
by the Court without further notice for any money claimed in the Complaint or for any other
claim or relief requested by the plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY ATTORNEY
REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249 -3166
(800) 990 -9108
File #: 820433
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff „
Jody S Smith
Chief Deputy C 1
Richard W Stewart
Solicitor
��iik`•
Wells Fargo Bank, N.A. s/b/m Wells Fargo Home Mortgage, Inc. Case Number
vs.
Tammy 1. Myers 2013-5619
SHERIFF'S RETURN OF SERVICE
10107/2013 02:49 PM-Deputy Dawn Kell, being duly sworn according to law, served the requested Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by
"personally"handing a true copy to a person representing themselves to be the Defendant,to wit:
Tammy 1. Myers at 147 N. Bedford Street, Carlisle Borough, Carlisle, PA 17011
1��O'k� 4— - I
DAWN KELL, DEPUTY
SHERIFF COST: $34.78 SO ANSWERS, f
October 08, 2013 RbNW R ANDERSON, SHERIFF
. . ;auniy6u e Shanff,Teieoscft 'nom.
Darrell C.Dethlefs,Esquire `��� i JriU I,_=
ID#58805 coy 3r-
"Dethlefs-Pykosh Law Group,LLC ' ,i12, c'�At v'<e 3 D 'f ,
2132 Market Street (j
Camp Hill,Pennsylvania 17011 .., (N0.iE ',,. ,„
Telephone—(717)975-9446 D ,tl J U U J'd
Fax—(717)975-2309 f� 5 YL VAKA
ddethlefsaol.com Attorney for Defendant
WELLS FARGO BANK, N.A., S/B/M : IN THE COURT OF COMMON PLEAS OF
WELLS FARGO HOME MORTGAGE, : CUMBERLAND COUNTY, PENNSYLVANIA
INC.,
•
Plaintiff .
v. : No. 13-5619
TAMMY I. MYERS, : CIVIL ACTION
Defendant : IN MORTGAGE FORECLOSURE
REQUEST FOR CONCILIATION CONFERENCE
Pursuant to the Administrative Order dated February 28, 2012 governing the
Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned
hereby certifies as follows:
1. Defendant is the owner of the real property which is the subject of this mortgage
foreclosure action;
2. Defendant lives in the subject real property, which is Defendant's primary residence;
3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure
Diversion Program: and has taken all of the steps required in that Notice to be eligible to
participate in a court-supervised conciliation conference.
The undersigned verifies that the statements made herein are true and correct. I
understand that statements are made subject to the penalties of 18 Pa.C.S. §4904 relating to
unsworn falsification • authorities.
,,,,, _......--• r),,Mie( ,. /,A_#_ I/ -- 26--/...
Darrell C. D: I= , Esquire Date
Defendant's Counsel / Legal Representative
�',.,n // -025,1%7
Tammy I. My�e4S Date
•
Defendant
Darrell C.Dethlefs,Esquire
ID#58805
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill,Pennsylvania 17011
Telephone—(717)975-9446
Fax—(717)975-2309
ddethlefsi aol.com Attorney for Defendant
WELLS FARGO BANK, N.A., S/B/M : IN THE COURT OF COMMON PLEAS OF
WELLS FARGO HOME MORTGAGE, : CUMBERLAND COUNTY, PENNSYLVANIA
INC.,
Plaintiff
•
v. : No 13-5619
TAMMY I. MYERS, : CIVIL ACTION
Defendant : IN MORTGAGE FORECLOSURE
CERTIFICATE OF SERVICES
I hereby certify that a copy of the foregoing DEFENDANT'S REQUEST FOR
CONCILIATION CONFERENCE, was hereby served by depositing the same within the custody
of the United States Postal Service, First Class, postage prepaid, addressed as follows:
Wells Fargo Bank, N.A.
do Meredith Wooters, Esquire
Phelan Hallinan, LLC
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Respec itted,
Date: 11 - /3 By:
Michael J. Pykosh, Esquire
ID#58851
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, PA 17011
717-975-9446
� rt
WELLS FARGO BANK,N.A., IN THE COURT OF COMMON PLEAS OF
SB/M WELLS FARGO HOME CUBERLAND COUNTY, PENNSYLVANIA
MORTGAGE, INC.,
Plaintiff
VS. CIVIL ACTIONy.0 r-)
Cn� t C'3
NO. 13-5619 CIVIL ` =
TAMMY 1. MYERS, _? 7":: -
Defendant
CASE MANAGEMENT ORDER
AND NOW, this JA4� day of December, 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 dOl , at cm. in
Chambers No. 4 at the Cumberland County Courthouse, Carlisle, Pennsylvania.
2. At least twenty-one (2 1) 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.
r ,
3. The defendant/borrower and counsel for the parties must attend the Conciliation
Conference in person and an authorized representative of the plaintiff/lender must
either attend the Conciliation Conference in person or be available by telephone
during the course of the Conciliation Conference. The representative of the
plaintiff/lender who participates in the Conciliation Conference must possess the
actual authority to reach a mutually acceptable resolution, and counsel for the
plaintiff/lender must discuss resolution proposals with the authorized representative
in advance of the Conciliation Conference. If the duly authorized representative of
the plaintiff/lender is not available by telephone during the Conciliation Conference,
the Court will schedule another Conciliation Conference and require the personal
attendance of the authorized representative of the plaintiff/lender at the rescheduled
Conciliation Conference.
4. At the Conciliation Conference, the parties and their counsel shall be prepared to
discuss and explore all available resolution options which shall include: bringing the
mortgage current through 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,
Kevi . Hess, P.J.
Meredith Wooters, Esquire
Phelan Hallinan, LLC
1617 JFK Blvd., Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
For the Plaintiff
,.,Darrell C. Dethlefs, Esquire
2132 Market Street
Camp Hill, PA 17011 C?
For the Defendant r�
Am
WELLS FARGO BANK,N.A., : IN THE COURT OF COMMON PLEAS OF
S/B/M WELLS FARGO HOME : CUBERLAND COUNTY, PENNSYLVANIA
MORTGAGE, INC.,
Plaintiff •
vs. : CIVIL ACTION
: NO. 13-5619 CIVIL
TAMMY I. MYERS,
Defendant •
IN RE: CONCILIATION CONFERENCE
ORDER
AND NOW, this Z3 st day of January, 2014, at the request of counsel for the
parties, the conciliation conference set for January 24, 2014, is continued to Friday, March 14,
2014, at 10:00 a.m. in Chambers of the undersigned.
BY THE COURT,
Kevi A. Hess, P. J.
./ D.
Troy Sellars,Sellars Esquire
q
126 Locust Street
Harrisburg, PA 17101
For the Plaintiff
-."Darrell C. Dethlefs, Esquire
2132 Market Street
Camp Hill, PA 17011
For the Defendant -a=
Ccfsies:rlm <c7 -47 Tall!
Za 3 mc--;
/1.22pv
7›,
• -•/7e/
WELLS FARGO BANK,N.A.,
S/B/M WELLS FARGO HOME
MORTGAGE, INC.,
Plaintiff
VS.
TAMMY I. MYERS,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION
: NO. 13-5619 CIVIL
IN RE: CONCILIATION CONFERENCE
ORDER
AND NOW, this 10 day of March, 2014, at the request of counsel for the parties,
it appearing that the defendant has been approved for a trial loan modification, the conciliation
conference set for March 14, 2014, is continued generally, to the call of either party.
BY THE COURT,
D. Troy Sellars, Esquire
126 Locust Street
Harrisburg, PA 17101
For the Plaintiff
Pykosh, Esquire
2132 Market Street
Camp Hill, PA 17011
For the Defendant
:rim
co plfc_t_
21 'Pr
Un
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
FILE -
HE PRO ONO Tail .
2014 SEP
25 4110:00
CUMBERLAND
PENNSYLVANIA TY
Attorney For Plaintiff
WELLS FARGO BANK, N.A., S/B/M
WELLS FARGO HOME MORTGAGE,
INC.
Plaintiff
v.
TAMMY I. MYERS
Defendant(s)
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 13 -5619 -CIVIL
PRAECIPE
TO THE PROTHONOTARY:
n Please withdraw the complaint and mark the action Discontinued and Ended without prejudice.
® Please mark the above referenced case Settled, Discontinued and Ended.
❑ Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice.
n Please mark the in rem judgment Satisfied and the action Discontinued and Ended.
n Please Vacate the Judgment entered.
31 IN
Date:
PH # 820433
PHELAN
By:
Courtenay R. r unn, Esq., Id. .. 06779
Attorney for Plaintiff
AN, LLP
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
Attorney For Plaintiff
WELLS FARGO BANK, N.A., S/B/M
WELLS FARGO HOME MORTGAGE,
INC,
Plaintiff
V.
TAMMY I. MYERS
Defendant(s)
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 13 -5619 -CIVIL
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:
MICHAEL J. PYKOSH, ESQUIRE
2132 MARKET STREET
CAMP HILL, PA 17011
Date:
04v
PHELAN HA AN, LLP
By:
Courtenay R. Dunn, Esq., Id. 1o,206779
Attorney for Plaintiff