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HomeMy WebLinkAbout13-6080 Supreme Court of Pennsylvania Court of Comt In Pleas AV % For Prothonotary Use Only: Civil. Cover; Sheet CUMBERLAND'' C ou nty Docket No: The information collected on this form is used solely for court administration purposes. This form does not supplement or rep lace the filing and service of pleadin s or other papers as req uired 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: ROGER M. SEIP T S /B /M WELLS FARGO HOME MORTGAGE, INC. I Dollar Amount Requested: ❑ within arbitration limits Are money damages requested? El Yes Z No O (Check one) � outside arbitration limits N Is this a Class Action Suit? ❑ Yes Z 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 ❑ Checic 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 ❑Other: MASS TORT O ❑ 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: ❑ Medical ❑ Other Professional: Pa.R.C.P. 205.5 Updated 01/01/2011 OF F IC';_ 2013CCT 16 A M 10- 15 C'Ul"IBERLAND COUNTY PENNSYLVANIA 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.: 3 _ �� 0 Plaintiff, Vs. ROGER M. SEIP 63 NORTH 10TH STREET LEMOYNE, PA 17043 -1404 JENNIFER SEIP 2634 N ROSEGARDEN BLVD MECHANICSBURG, PA 17055 -5311 Defendants. 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: 0 V\ } 9 103. �@ a 062 -PA -V3 C ff� J 35777 2V- aq�gs� 1. The Plaintiff is WELLS FARGO BANK, N.A., S /B /M WELLS FARGO HOME MORTGAGE, INC., 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). 2. The Defendant, ROGER M. SEIP, is an individual whose last known address is 63 NORTH 10TH STREET, LEMOYNE, PA 17043 -1404. 3. The Defendant, JENNIFER SEIP, is an individual whose last known address is 2634 N ROSEGARDEN BLVD, MECHANICSBURG, PA 17055 -5311. 4. 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. 5. On or about April 25, 2003, ROGER M. SEIP and JENNIFER SEIP made, executed and delivered to WELLS FARGO HOME MORTGAGE, INC. a Mortgage in the original principal amount of $89,188.00 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 1808, Page 1970. 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. 6. Plaintiff is the current Mortgagee. 7. ROGER M. SEIP and JENNIFER SEIP are record and real owners of the aforesaid mortgaged premises. 8. 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 May 1, 2013. 062 -PA -V3 9. As of 10/08/2013, the amount due and owing Plaintiff on the mortgage is as follows: Principal $ 82,571.96 Interest $ 1,661.20 From 04/01/2013 to 10/08/2013 Late Charges $ 148.14 Escrow Advance $ 690.44 Property Inspections $ 0.00 Property Preservation $ 0.00 BPO /Appraisal $ 0.00 Escrow Balance $ 0.00 Corporate Advance Credit ($325.00) Total $ 84,746.74 plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania Law, actually and reasonably incurred by Plaintiff, including but not limited to, costs (including escrow advances) and Plaintiff's attorneys' fees and expenses. Plaintiff reserves the right to file a motion in the above - captioned action to add such additional sums authorized under the Mortgage and Pennsylvania Law to the above amount due and owing when incurred. 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. This action does not come under Act 91 of 1983 because the mortgage is FHA - insured. 062 -PA -V3 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 such liability. WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $84,746.74, with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. By _ W Date: � ( M r di 1' e e th Wooters, Esq., Id. No.307207 Attorney for Plaintiff 062 -PA -V3 Exhibit "A" ' FHA Case No. Multistate NOTE APRIL 25, 2003 M — ]Date] 63 10TH STREET, LEMOYNE, PA 17043 [property Address] 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means WELLS FARGO HOME MORTGAGE, INC. and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST j In return for a loan received from Lender, Borrower promises to pay the principal sum of EIGHTY NINE THOUSAND ONE HUNDRED EIGHTY EIGHT AND 00 /100 Dollars (U.S. $ * * * * * * ** *89,188.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of SIX percent ( 6.000 %) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. i 4. MANNER OF PAYMENT (A) Time Borrower. shall make a payment of principal and interest to Lender on the first day of each month beginning on JUNE 01 2003 Any principal and interest remaining on the first day of MAY I 2033 , will be due on that date, which is called the "Maturity Date." (B) Place Payment shall be trade at WELLS FARGO HOME MORTGAGE, INC., P.O. BOX 10304, DES MOINES, IA 503060304 or at such place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $ * * * * ** *534.73 This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this Note for payment adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of j this Note. [Check applicable box] i El Graduated Payment Allonge ❑Growing Equity Allonge ❑Other [specify] 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that borrower pays interest on the amount prepaid for i the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. (M -1R lsson FHA Multistate Fixed Rate Note - 10195 0 VMP MORTGAGE FORMS . (8001521.7291 r Pape 1 of 2 Initialr. r�� 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(Q of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of FOUR percent ( 4.000 %) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS i Borrower 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 Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. S. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. . Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. 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 trade 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. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. �BSIGNYING BELOW, Borrower accepts and agrees to the terms and c versants contained in this Note. (Seal) )9 (Seal) WITHOUT REOWFISE - Borrower Rd SEIP - Borrower PAY TO THE ORDER OF (Seal) (Seal) - Borrower - Borrower we-as Q%J M111% GE INC. (Seal) (Seal) By - Borrower - Borrower Joan M. Mitls, yrrco PrA citit?nt • (Seal) (Seal) - Borrower - Borrower 11M -1R mou Page 2 of 2 Exhibit "B" LEGAL DESCRIPTION ALL THAT CERTAIN lot or parcel of ground situate in the BOROUGH OF LEMOYNE, County of Cumberland, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern line of Tenth Street, formerly Lincoln Street, 33.1 feet southwardly from the southeast corner of Walnut and Tenth Streets; thence in an easterly direction and through the center of a double -frame property, 140 feet to a 15 -foot wide alley; thence southwardly along said alley, 30 feet to the line of Lot No. 9; thence in a westerly direction along said Lot No. 9, 140 feet to the eastern line of Tenth Street; thence along the eastern line of Tenth Street, formerly Lincoln Street, in a northerly direction, 30 feet to the place of BEGINNING. BEING LOT NO. 10 on a Plan of Lots known as Washington Terrace, said Plan of Lots being recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 1, Page 30. HAVING THEREON erected a dwelling commonly known as 63 N. Tenth Street. PROPERTY ADDRESS: 63 NORTH 10TH STREET, LEMOYNE, PA 17043 -1404 PARCEL #12 -21- 0267 -195. Filet 929885 VERIFICATION Nathaniel Orendain, hereby states th he/ e is Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff in this matter, tha e she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his her 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: Nathaniel ren ain Title: Vice PrPFarggo an Documentation Company: We Bank, N.A. Date: 10/10/2013 086 -PA -V2 File #: 929885 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 #: 929885 FORM I IN THE COURT OF COMMON PLEAS WELLS FARGO BANK, N.A., S /B /M WELLS OF CUMBERLAND COUNTY, PENNSY FARGO HOME MORTGAGE, INC. Plaintiff(s) tC "' vs. eJ� ROGER M. SEIP JENNIFER SEIP %��f� y0 � Defendant(s) " ,L 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: lu" rvl LAYYJ 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/PRI Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? CO-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #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): I . monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 "d Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto .Insurance Med. (not covered) Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Mone Da /Child Care /Twit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners .Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION I /We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /We understand that I /we am /are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) • 6. Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith # Chief Deputy ' , (-tl 6 31 Pr'i u Richard W Stewart Solicitor i, :r i[, �,.A ..hlF.:w ltK3EF,L Ai�D JP i i i Wells Fargo Bank, N.A. vs. Case Number Roger M. Seip (et al.) 2013-6080 SHERIFF'S RETURN OF SERVICE 10/21/2013 04:19 PM- Deputy Ronald Hoover, 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: Roger M. Seip at 63 N. 10th Street, Lemoyne Borough, Lemoyne, PA 17043. RONALD HOOVER, DEPUTY 10/23/2013 03:19 PM - Deputy Stephen Bender, 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: Jennifer Seip at 2634 N. Rosegarden Blvd., Upper Allen, Mechanicsburg, PA 17055. STEPHEN BENDER, DEPUTY SHERIFF COST: $91.46 SO ANSWERS, October 24, 2013 RON µ R ANDERSON, SHERIFF f' P =.l ; ,, • `�. �-' -OFFICE THONG TAR 2111. JUL 22 At:)10 t, C(I�.fRt P � � � PENNS YL VCOUNTY �' I PHELAN HALLINAN, LLP Joseph P. Schalk, Esquire, Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 7365 Attorney for Plaintiff WELLS FARGO BANK, N.A., S/B/M WELLS Court of Common Pleas FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD Civil Division FORT MILL, SC 29715 No. 13 -6080 -CIVIL Plaintiff v. Cumberland County ROGER M. SEIP 63 NORTH 10TH STREET LEMOYNE, PA 17043-1404 JENNIFER SEIP 2634 N ROSEGARDEN BLVD MECHANICSBURG, PA 17055-5311 Defendants MOTION TO LIFT CONCILIATION STAY Plaintiff, Wells Fargo Bank, N.A., S/B/M Wells Fargo Home Mortgage, Inc. (hereinafter "Plaintiff'), by its attorney, Joseph P. Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On October 16, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendants for their failure to make monthly payments of principal and interest upon their mortgage due May 1, 2013, and each month thereafter. A true and correct copy of the Complaint 929885 is attached hereto, made part hereof and marked as Exhibit "A". 2. On October 21, 2013, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice upon the Defendants. A true and correct copy of the Sheriff's Return of Service is attached hereto, made part hereof and marked as Exhibit "B". 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the Foreclosure action is stayed for sixty (60) days from the date of service. 4. Within 60 days after service of the complaint, the Defendants may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request, the Court will schedule a Conciliation Conference. The program provides that Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 5. If more than sixty (60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendants have not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendants have failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 7. Since Defendants have opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. 929885 WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic stay be lifted. Date: '712-11,01 BY: 929885 Respectfully submitted, PHELAN HALLINAN, LLP e.A h ". Schalk, Esquire ey for Plaintiff Exhibit "A" PHELAN HALLINAN, LLP 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 ROTtIO 1OTAh`Y: Aciri6 CUAN TY ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A., SB/M WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff, vs. ROGER M. SEIP 63 NORTH 10TH STREET LEMOYNE, PA 17043-1404 JENNIFER SEIP 2634 N ROSEGARDEN BLVD MECHANICSBURG, PA 17055-5311 Defendants. CIVIL DIVISION NO.: J3 -bb alt!! 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 l o t: in .Mortgage Foreclosure as follows: 062 -PA -V3 Amoy GOV 1 S E C T I 0 N A S E C T I 0 N Supreme Court of Pennsylvania Cour.Pleas eel. County Por Protltonutaty Use Only: Docket No: The information collected on this form is used solely for courl administration purposes. This form does not nJ?li/!"nt A or t!r,�zittc. the jililtt, and service ri/ n/eritTiit, s or other ..)a m,,s a s rot .uired hi law or rules 6''court. - Commencement of Action: 0 Complaint 0 Writ of Summons 0 Petition 0 Transfer from Another Jurisdiction 0 Declaration of Taking . Lead Plaintiffs Name: WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. Lead Defendant's Name: ROGER M. SEIP CONTRACT (do not include Judgments) 0 Buyer Plaintiff 0 Debt Collection: Credit Card 0 Debt Collection: Other Dollar Amount Requested: ■ within arbitration limits Are money damages requested'' ■ Yes F3 No (Check one) 0 outside arbitration limits 0 Zoning Board 0 Other: . Is this an MDJ Appeal? 0 Yes 0 No Is this a Class Action Suit? 0 Yes © No Name of Plaintiff/Appellant's Attorney: Meredith Wooters. Esq., Id. No.307207. Phelan Hallinan,, .0 P 0 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) O Intentional O Malicious Prosecution ❑ Motor Vehicle ❑ Nuisance❑ ❑ Premises Liability ❑ Product Liability (does not include mass tort) O Slander/Libel/Defamation ❑ Other: CONTRACT (do not include Judgments) 0 Buyer Plaintiff 0 Debt Collection: Credit Card 0 Debt Collection: Other CIVIL APPEALS Administrative Agencies 0 Board of Assessment 0 Board of Elections Dept. of Transportation 0 Statutory Appeal: Other 0 Employment Dispute: Discrimination 0 Employment Dispute: Other 0 Zoning Board 0 Other: . U Other: MASS TORT ❑ Asbestos ❑ Tobacco o Toxic Tort - DES ❑ Toxic Tort - Implant O Toxic Waste O Other: REAL PROPERTY 0 Ejectment 0 Eminent Domain/Condemnation O Ground Rent O Landlord/Tenant Dispute El Mortgage Foreclosure: Residential 0 Mortgage Foreclosure: Commercial ❑ Partition ❑ Quiet Title ❑Other: MISCELLANEOUS 0 Common ,l,.aw/Statutory Arbitration 0 Declaratory Judgment 0 Mandamus 0 Non -Domestic Relations Restraining Order 0 Quo Warranto 0 Replevin U Other: PROFESSIONAL LIABILITY ❑ Dental ❑ Legal U Medical ❑ Other Professional: Ptz.R.C.P. 205.5 pi trted al/ FORM I IN THE COURT OF COMMON PLEAS WELLS FARGO BANK, N.A., S/B/M WELLS OF CUMI3ERLANI) COUNTY, PENNSYLVANIA FARGO HOME MORTGAGE, INC. Plaintiff(s) vs. ROGER M. SEIP JENNIFER SEIP Defendant(s) Civil 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.it concillationtonference. First, within twenty (20) days of your receipt of this notice, you mut contact MidPenn Legal Services at (7.1/)243.-9400 extension 2510 or (800) 822-5288 extension 2510 and requestappointmentof a legal representative at no charge to you. Ouce'you,haVe been appointed a legal representative; you must promptly meet witli that legal representittiveWithin twenty (20)45ayS.Of The iippointment date. During that meeting, you muSt'provide•the legal tepreSentatiVe with all requested financial information so.that a loan resolution proposal can be prepared on your behalf If you add your legal ,repiesentativecOmplele a financial worksheet in the format attached hereto, the legal representative will prepare anta 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: grin do so and a conciliation conference is scheduled, you will have an opportunity tamcct with a representative of your lender loan attempt to work out reasonable arrangements with your lender befolu the mortgage foreclosure sultproceeditforward, 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 youilawyer,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 (6.0) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduledyou 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: Meredith Wootcrs, 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: Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Address (if different): City: Phone Numbers: Email: # of people in household: State; Zip: Yes j No 11 Listing date: Price: $ Realtor Phone: Yes [] No [] Home: Cell: State: ,Lip; Office: Other: How long? .. Mailing Address: City: State:._Zip: Phone Numbers: Home:` _ Office; Cell:. . Other; Email: # of people in household: How long? First Mortgage Lender: Type of Loan: Loan Number: _ Second Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: 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 wed; Value: Home: Other Real Estate: Retirement Funds; Investments: Checking: Savings: Other: Automobile # 1 : Model: Amount owed: Automobils Ii2; Model: Year: Amount en:ved: Value: Other transportation (automobiles,. boats, motorcycles): Model: Year: Amount owed:. Value Value:, Year: Monthly Income Name of Employers:. • Monthly, Gross Monthly Net 2, Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages); I, monthly amount: 2. inothly amount: Borrower Pay Days: Co -Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) 'EXPENSEAMOUNT EXPENSE A 0 MortgageFood 2IV.121:Lt age - -Utilities Car Payment(s) Condo/Neigh, Fees Med. no co ed) .Autoln.surance Auto fuel/re•at Other prL3pacyment Install. Loan Payment Cable TV Child Support/Alirn. Spending Money Other Expenses ,...,... Da /Child Carerfuit. Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes El No If yes, please provide the following information: Counseling Agency; Phone (Office): Fax: Counselor: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes El No CI 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): Servicing Company (Name): Contact: I/We, Phone:. Phone: to use/refer this information to my lender/s financial situation for possible mortgage options. I/We understand tha use the counseling services provided by the above named authorize the above named for the sole purpose of evaluating my I/we am/are under no obligation to 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 thilowing 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 FIAVE 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 9298F.i5 PHELAN HALLINAN, LLP Meredith Wooters, Esq., Id. No.307207 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Meredith, Wooters@phe 1 anhal linan. corn 215-563-7000 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. 3476 STA fbVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff, vs. ROGER M. SEIP 63 NORTH 10TH STREET LE:MOYNE, PA 17043-1404 JENNIFER SEIP 2634 N ROSEGARDEN BLVD MECHANICSBURG, PA 17055-5311 Defendants„ CIVIL DIVISION NO.: 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: 062 -PA -V.3 1, The Plaintiff is WELLS FARGO BANK, N.A,, S/B/M WELLS FARGO HOME MORTGAGE, INC., 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff). 2. The Defendant, ROGER M. SEIP, is an individual whose last known address is 63. NORTH. 10TH STREET, LEMOYNE, PA 17043-1404, 3, The Defendant, JENNIFER SEIP, is an individual whose last known address is 2634 N ROSEGARDEN BLVD, MECHANICSBURG, PA 17055-5311. 4. 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. 5. On or about April 25, 2003, ROGER M. SEIP and JENNIFER SEW made, executed and delivered to WELLS FARGO HOME MORTGAGE, INC. a Mortgage in the original principal amount of $89,188.00 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 1808, Page 1970, The Mortgage is a matter of public record and is incorporated herein by reference in accordance with .PaR.C,11, 1019(g), which rule • relieves • the Plaintiff from its obligation to attach. -documents to pleadings if - those documents are of public record. 6. Plaintiff is the current Mortgagee. 7. ROGER M. SEIP and JENNIFER SEIP are record and real owners of the aforesaid mortgaged premises. 8.. • 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 May. 1, 2013. 062 -PA -V3 9. As of 10/08/2013, the amount due and owing Plaintiff on the mortgage is as follows: Principal Interest From 04/01/2013 to 10/08/2013 $ 82,571.96 $ 1,661.20 Late Charges $ 148.14 Escrow Advance $ 690.44 Property Inspections $ 0.00 Property Preservation $ 0.00 13P0/Appraisal $ 0,00 Escrow Balance $ 0.00 Corporate Advance Credit ($ 325.00) Total $ 84,746.74 plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania Law, actually and reasonably incurred by Plaintiff, including but not limited to, costs (including escrow advances) and Plaintiff's attorneys' fees and expenses. Plaintiff reserves the right to file a motion in the above -captioned action to add such additional sums authorized under the Mortgage and Pennsylvania Law to the above amount due and owing when incurred. 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). l 1. This action does not come under Act 91 of 1983 because the mortgage is FI -IA - insured. 062-f'A-V3 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 such liability, WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $84,746,74, with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Date: ON -PA -V3 Meredith Wooters, Esq., Id. No.307207 Attorney for Plaintiff Exhibit 'A" Multistate NOTE APRIL. 25, 2003 !Date' 63 10TH STREET, LEMpYNE, PA 17043 (Property Address) 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means WELLS FARGO HOME MORTGAGE, INC. and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum ofEIGHTY NINE THOUSAND ONE HUNDRED EIGHTY EIGHT AND 00/100 Dollars (U.S. $ ***** ****59,188 , DO ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of SIX percent ( 6.000 4f)) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Leader on the first day of each month beginning on JUNE 01 , 2003 . Any principal and interest remaining on the first day of MAY 2033 , will be due on that date, which is called the "Maturity Date." (B) Place Payment shall be made at WELLS FARGO HOME MORTGAGE, INC., P.O. SOX 10304, DES MOINES, IA 503060304 or at such place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest•will be In the amount of U.S. $ *******534.73 . This amount will be part of a larger monthly payment required by the Security instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument, (D) Allonge to this Note for payment adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. (Check applicable box) ❑Graduated Payment Allonge ❑Growing Equity Allonge 1-10ther [specify] 5. BORROWER'S RmET TO PREPAY Borrower has,:.the right to pay the debt evidenced by this Nate, in whole or in part, without cltarge or:penalty, on the first day of'any, :month. Under shall accept prepayment o'h other days provided that;borrowef pay's interest.,011 dm amount prepaid: for die remainder`. of die month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment:, there will be no:changes in:the: due date .or in: the amoura of the monthly payment unless Lender agrees in writing to th'o`c changes: IZ) -1R moll FNA Multistate Fixed Rate Note • 10/95 VMP MOIITOAOE FORMS • 18001621.7291 Peat; I of 2 6, BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of FOUR percent ( 4.000 96) of the overdue amount of each payment. (B) Default if Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender bas required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower 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 Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. . Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. 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. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. SIGNING BELOW, Borrower accepts and agrees to the terms and vcwmtscontained in this Note. WITHOUT RECOURBE PAY TO THE ORDER OF • (Seal) '-f (Seal) -Borrower RM S IP Borrower (Seal) (Seal) -Borrower -Borrower ■■�� ri C. (Seal) _ (Seal) By.)Otit1 iY1. iiititi,s -Borrower -Borrower ttx5idpllt (Seal) (Seal) .Borrower -Borrower !spm•1R wool) Popp 2 of 2 a Urlt1 J it 71' YA'1 '�3�IIQ4' 1)1\/ 1YI vs Exhibit " 9, LEGAL DESCRIPTION ALL THAT CERTAIN lot or parcel of ground situate in. the BOROUGH OF LEMOYNE, County of Cumberland, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern line of Tenth Street, formerly Lincoln Street, 33.1 feet southwardly from the southeast corner of Walnut and Tenth Streets; thence in an easterly direction and through the center of a double -frame property, 140 feet to a 15 -foot wide alley; thence southwardly along said alley, 30 feet to the line of Lot No. 9; thence in a westerly direction along said Lot No. 9, 140 feet to the eastern line of Tenth Street; thence along the eastern line of Tenth Street, formerly Lincoln Street, in a northerly direction, 30 feet tothe place of BEGINNING. BEING LOT NO. 10 on a Plan of Lots known as Washington Terrace, said Plan of Lots being recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 1, Page 30. HAVING THEREON erected a dwelling commonly known as 63 N. Tenth Street. PROPERTY ADDRESS: 63 NORTH 10TH STREET, LEMOYNE, PA 17043-1404 PARCEL #12-21-0267-195, VERIFICATION Nathaniel Orendain, hereby states* h he. is Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff in this matter, thn, he he is authorized to make this Verification, and verify that thestatements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best .0 bi,'314t 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: ttniii din. Title; Vice P ent I an Documentation Company: We s Fargo Bank, N.A.., Date: 10/10/2013 086 -PA -V2 Filen: 929885 Exhibit "B" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Shoff ��,�tl'.6i raaticpj��a JodyS Smith Chief Deputy .Richard W Stewart Solicitor Wells Fargo Bank, NA' vs. Roger M. Seip (et al) Case Number 2013-8080 SHERIFF'S RETURN OF SERVICE 10/21/2013 04:19 PM - Deputy Ronald Hoover, 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: Roger M. Seip at 83 N. 10th Street, Lemoyne Borough, Lemoyne, PA 17043. x./1 ` RONALD HOOVER, DEPUTY 10/23/2013 t}3: 0 PM Deputy Stephen Bender,, being dilly sworn according to law, served the requested Nptice,of Residential Mortgage Foreclosure Diversion: Program end Complaint in Mortgage Foreclosure by "personally" handing atruecopy to person representing themselves to be the Defendant, towft Jennifer Seip at 2834 N Rosegarden Btvd., Upper Allen, Mechenlcsburg,PA 17056. SHERIFF COST: $91.46 October 24, 2013 (o) Co+MrSu to Sh.AM,1d.o.ort, Inc STEPHEN BENDER, DEPUTY SO ANSWERS, ANDERSON, SHERIFF PHELAN HALLINAN, LLP Joseph P. Schalk, Esquire, Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 7365 Attorney for Plaintiff WELLS FARGO BANK, N.A., S/B/M WELLS Court of Common Pleas FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD Civil Division FORT MILL, SC 29715 No. 13 -6080 -CIVIL Plaintiff v. Cumberland County ROGER M. SEIP 63 NORTH 10TH STREET LEMOYNE, PA 17043-1404 JENNIFER SEIP 2634 N ROSEGARDEN BLVD MECHANICSBURG, PA 17055-5311 Defendants CERTIFICATION OF SERVICE I, Joseph P. Schalk, Esquire, certify that I caused true and correct copies of Plaintiffs Motion to Lift Conciliation Stay and proposed Order to be sent sent via first class mail to the person listed below on the date indicated: ROGER M. SEIP JENNIFER SEIP 63 NORTH 10TH STREET LEMOYNE, PA 17043-1404 Date: 0 IV% 1'-! 929885 By: J se h Schalk, Esquire ey for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,. PENNSYLVANIA WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff v. ROGER M. SEIP 63 NORTH 10TH STREET LEMOYNE, PA 17043-1404 JENNIFER SEIP 2634 N ROSEGARDEN BLVD MECHANICSBURG, PA 17055-5311 Defendants ORDER AND NOW, this Z S'' day of Court of Common Pleas Civil Division No. 13 -6080 -CIVIL Cumberland County CO = T1 CD -'11 tn , 2014, upon consideration of Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. CC: 929885 Roger M. Seip Jennifer Seip Joseph P. Schalk, Esquire, Id. No. 91656 Attorney for Plaintiff It {ELAN HALLINAN, LLP Joseph P. Schalk, Esquire, Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 7365 ROGER M. SEIP 63 NORTH 10TH STREET LEMOYNE, PA 17043-1404 ...TENNIFER SEIP 2634 N ROSEGARDEN BLVD MECHANICSBURG, PA 17055-5311 eq2e/iy i -es /r2.4,15.,,L 929885