HomeMy WebLinkAbout13-6135 Supreme Court of Pennsylvania
Cour df Common Pleas
�' , - �,;� For Protlronotary Use Only:
CMPCo_vef; 4h'eet
CUMBERIrAND County Docket No: 2 l
ANN
'r' t
The information collected on this form is used solely for court administration purposes. This form does not
supp lement or rep lace thefiling and service of pleadirr s or other papers as required by lain or rules of court.
S Commencement of Action:
❑D Complaint ❑ Writ of Summons ❑ Petition
E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking
C Lead Plaintiffs Name: WELLS FARGO BANK, N.A. Lead Defendant's Name: SARAH L. BAHN
T
I Are money damages requested? El Yes FX1 No Dollar Amount Requested: El within arbitration limits
O (Check one) 59 outside arbitration limits
N Is this a Class Action Suit? ❑ Yes ❑x 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
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:
• Medical ❑ Other:
❑ Other Professional:
Pa.R.C.P. 205.5 Updated 0110112011
Jf` qtr
a " r ,
1113 OCT 2 1 A1110 ( 8
e' Ui IS ERL A N�l C OU NTY
IYNSYC.VAN A
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.
3476 STATEVIEW BOULEVARD CIVIL DIVISION
FORT MILL, SC 29715 �. l
Plaintiff, NO.:
VS.
SARAH L. BAHN
1550 BRANDT AVENUE
NEW CUMBERLAND, PA 17070 -1529
Defendant.
CIVIL ACTION — COMPLAINT IN MORTGAGE FORECLOSURE
And now comes WELLS FARGO BANK, N.A., by its attorneys, Phelan Hallinan, LLP
and files this Complaint in Mortgage Foreclosure as follows:
1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIE
BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). C )
CL
062 -PA -V3
�� aq1ogl
2. The Defendant, SARAH L. BARN, is an individual whose last known address is
1550 BRANDT AVENUE, NEW CUMBERLAND, PA 17070 -1529.
3. WELLS FARGO BANK, N.A., directly or through an agent, has possession of
the Promissory Note. WELLS FARGO BANK, N.A. is either the original payee of the
Promissory Note or the Promissory Note has been duly indorsed. A true and correct copy of said
Promissory Note is marked Exhibit "A ", attached hereto and made a part hereof.
4. On or about February 28, 2011, SARAH L. BAHN made, executed and delivered
to WELLS FARGO BANK, N.A. a Mortgage in the original principal amount of $187,475.00 on
the premises described in the legal description marked Exhibit "B ", attached hereto and made a
part hereof. Said Mortgage being recorded in the Office of the Recorder of CUMBERLAND
County in Instrument No. 201107061. 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. SARAH L. BAHN 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 May 1, 2013.
062 -PA -V3
8. As of 10/11/2013, the amount due and owing Plaintiff on the mortgage is as
follows:
Principal $ 181, 306.86
Interest $ 4661.52
From 04/01/2013 to 10/11/2013
Late Charges $ 170.52
Escrow Advance $ 1536.46
Property Inspections $ 0.00
Property Preservation $ 0.00
BPO /Appraisals $ 0.00
Escrow Balance $ 0.00
Corporate Advance Credit $ 0.00
Total $187,675.36
plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania
Law, actually and reasonably incurred by Plaintiff, including but not limited to, costs (including
escrow advances) and Plaintiff s attorneys' fees and expenses. Plaintiff reserves the right to file
a motion in the above - captioned action to add such additional sums authorized under the
Mortgage and Pennsylvania Law to the above amount due and owing when incurred.
9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of
Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended
in 2008, and /or Notice of Default as required by the mortgage document, as applicable, have
been sent to the Defendant(s).
10. This action does not come under Act 91 of 1983 because the mortgage is FHA -
insured.
11. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff
062 -PA -V3
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 $ 187, 675. 36, 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: ` 1 Meredith Wooters, Esq., I . No. 307207
Attorney for Plaintiff
062 -PA -V3
Exhibit "A"
NOTE
February w0, 2009 Camp hill Pennsylvania
foa?q Icil [State.]
405 15111 Strcet, New Cumberland, PA 17070
jProperty Address]
I. BORROWER'S PROAUSE TO PAY
In rentrn for a Ivan that I have received I promise to pay U.S. $163,000.00 (this amount is called — Pincipal'7, plus
interest, to the order of the Lender. The Lender €s EverBauk. I will matte all payments under this Note in the form or cash,
check or money order.
I understand that the Lender may tri this Note. The Gender or anyone who takes this Nnte by transrcr and who
is entitled to receive payments under this Note is called ilia - Note Holder."
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a
yearly rate of 4.$75" -
T`he interest rate required by this Section 2 is the rate I will pay both before and alter any default described in
Section 6(B) of this Note-
3. PAYMENTS
(A) Tinte and Place of payments
I will pay Principal and interest by making a payment every month.
t will make my monthly payment on the 1st day of cacti month beginning on April, 2009. l will inake these
payments every month until I have paid all of the principal and interest. and tiny other charges described below that I may owe
under this Note. Bai:h monthly payment will be applied as of its scheduled due date and will be applied to interest before
Principal. IL on March 1, 2029, 1 still owe amountS under this Note, I will pay those amounts in full on that date, which is
called the. Idaturity Date."
1 will make my monthly payments at Everiiome Nlortgage Company, Pet?_ Box 530579, Atlanta, GA 30353 -0579
or at a dilTerent place if required by the Note Holder.
(B) Atuount orA4onthiy Payrnents
My monthly payment will be in die amount of U.S. 51,064.50 _
4. TIORROWLI2'S RIGHT TO pREPAY
1 have dhc tight to make payments of Principal at any time bet "ore they are due. A payment of Principal only is
Known ai a Prepay ment." 4tnien I make a Prepayment, I will tell E lie Note Holder In writing that I am doing so. I may not
desienaic a payment as a Prepayment if 1 have not made all ilia 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. Hoit°cvcr, the Notc 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 Mote. If I make a partial Prepayment, there witl be no changes €n the due date or in the amount oFmy
monthly payment unless the Note flolderagrees in writing, to those changes.
M111 tsrare Pbud Itutc?iuu V S�i r{ C rumltpMFnnnte 11uJKrettdfe Mac Uniform iortrunwul tronn 3300 tint
rbe Cwnptinacesourm Inc. Pattr t or 12601n -IV 08100 Rem.02MI
ww�c,cnnryhtianrrrourccsu,u 01007, The Compliance Source, tnc.
�. LOAN CaARGES
If a law, which applies to th is loan end which sets maximwn loan charges, is finally interpreted so that the interest or
other loan charges collected or to be collected in coraiection with this loan exceed the permitted limits, then: (a) any such
loan charge shall be reduced by the amount necessary to reduce die charge to the permitted limit; and (b) any sums already
collected from me whicb exceeded permitted limits will be refunded tome. 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
mduclion will tine steeled as s partial Prepayment.
G. 1301 RONVER'S FAILURE TO PAPAS REQUIRED
(A) Late Charge for Overdue Paynrents
if the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the
elate it is due,1 will pay a late charge to the Note Holder. The amount of the charge will be 5.0011% of my overdue payment
of principal and interest. I will pay this late charge promptly but only once on each late payment.
(/3) Defnull
If I do not pay the fall amount of each monthly payment on the date it is due, I will be in default.
(C) Noticc 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 Molder Jnay require me to pay immediately the full amount of Principal which has not been paid
and all the interest diut 1 olive on that amount. That slate must be at least 30 days after the date on which the notice is mailed
to me or delivered by other means.
(D) Nu Waiver By Note 13nlder
Even if, at a time when 1 am in default, die Note Holder does riot require me to pay immediately in full as described
above, the Note Holder will still have the right to do so if] am in default at a later titre.
(E) Payment of Note Urilder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note 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 txample,reasonahle attorneys' f cs
7. GIVINGOFNOT10ES
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 die Property Address above or at a dif ersat address if I give the
Note Holder a notice of my different address.
Arty notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by
first cl ass snail to the Note Bolder at the address stated in Ser.Gon 3(A) above or at a different address if 1 am given a notice
of that different address.
S. OBL.IGN11ONS OF PERSONS UNDERTMS 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 thepromise to pay the full amount owed. Any persun 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 rrray be required to pay all of the amounts owed under ibis Note.
9. WAIVERS
I and any odier person who has obligations under this Note waive the rights of presentment and Notice of Dishonor.
"Presentment "means the right to require die Note Ilulder to rlemand payment of amounts due. - Voticc of Dishornor "means
[lie right to require the Note Holder to give notice to other persons that amounts due have not been paid.
tiiulitst2leFixeclltare lYotel' �ISurbleFomi[ yt" il7��antri�lael3'rtalJteAtacUnirorntlnslrument �� ����^ Form 3200J/01
11te Cumplianrx Sou rce,lite. Page? nr3 12601OWU O81CO Rev. 0U07
1V" encore phi a cesou rce. 02D07. 17te Cnmlrltanee Source, tree.
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in sonic jurisdictions, in addition tv lice protections given
to the dote Bolder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument'), dated the same
date as this Note, protects the ;Vote Holder from possible losses wAich might result if I do not keep the promist; which I
make in this Note. That Security Instrument describes how and under what conditions I 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 Insuvinent. 1•10wever. this option shall not be exercised by Lender if such exercise is ptnhibiled
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
1 5 within which Borrower must pay all sums secured by this Security Instrument. If Borrower ;ails to pay
these sums prior to the expiration of this period, Lender may invoke any remedies peniiined by this
Security Instrument without further notice or demand on Borrower.
WITNESS THE HANDS) AND SEAL(S) OF THE UNDERSIGNED.
(Scat) i
Paul S Halm - Borrower - Borrower
(Sea (S al)
- Borrower - Borrower
[sign Orisiunl 01111 J
Multismlo Fixed RaleNoICNISl FianUgMi :wnte:l•[ar(Fn:riuu Vluc Clrlfurar tnSrument _M Form Mu irat
The C arnpti3nea Source, Inc. Poge 3 of 3 12W],MU 08100 Rev. 02107
rr,� y�.eonrttlium csnure� cam 0.20117, Ttir Compliance Source, Joe.
Exhibit "B"
LEGAL DESCRIPTION
ALL THOSE CERTAIN THREE (3) tracts of land situate in the Borough of New Cumberland,
County of Cumberland, and State of Pennsylvania, more particularly bounded and described as
follows, to wit:
TRACT NO. 1
BEGINNING at the southwest corner of 16th Street and a public road known as Brandt Avenue;
thence in a southeasterly direction along Brandt Avenue, 150 feet to other lands now or formerly
of Mary A. Wierman Barr and her husband; thence in a southwesterly direction along land now
or formerly of Mary A. Wierman Barr and her husband, 95 feet, more or less to Lots Nos. 6 and
7, as shown on the Plan of Lands of George R. Moyer; thence in a westerly direction along said
Lot No. 5, 150 feet to the southerly line of 16th Street; thence in a northeasterly direction along
16th Street, 49.2 feet to the place of BEGINNING.
BEING the greater part of Lot NO. 6 on the aforesaid Plan of Lots.
TRACT NO. 2
BEGINNING at a point on the southerly line of 16th Street, said point being 74.2 feet measured
in a westerly direction along the southerly line of 16th Street and a public road known as Brandt
Avenue; thence in an easterly direction along the southerly line of said 16th Street, 25 feet to Lot
No. 6, on the hereinafter mentioned Plan of Lots; thence in a southerly direction along said Lot
No. 6, 150 feet to Lot No. 7, on said Plan; thence in a westerly direction along said Lot No. 7, 25
File #: 930073
feet to a point; thence in a northerly direction on a line parallel with the dividing line between
Lots Nos. 5 and 6, on said Plan, 150 feet to the southern line of 16th Street.
BEING the easterly one half of Lot No. 6, on the Plan of Lots of George R. Moyer.
TRACT NO. 3
BEGINNING at a point on the west side of a public road known as Brandt Avenue, said point of
being South 53 degrees 38 minutes East, 150 feet from the southwest corner of 16th Street and
Brandt Avenue, said point also being at corner of land now or formerly of Quentin R. Berg and
Frances H. Berg, his wife; thence southwestwardly along said Berg land, a distance of 105 feet,
more or less, to Lot No. 6, on the hereinafter mentioned Plan of Lots; thence North 58 degrees 19
minutes east along other land nor or formerly of Mary A. Wierman Barr, a distance of 104.45
feet to Brandt Avenue; thence along Brandt Avenue, North 53 degrees 38 minutes West, a
distance of 10 feet, more or less, to land now or formerly of Quentin R. Berg and wife.
BEING a triangular piece of Lot No. 6, as shown on the Plan of George R. Moyer.
HAVING THEREON ERECTED a one -story dwelling house known and numbered as 1550
Brandt Avenue, New Cumberland, Pennsylvania.
PROPERTY ADDRESS: 1550 BRANDT AVENUE, NEW CUMBERLAND, PA 17070-
1529
PARCEL #26 -23- 0543 -582.
File #: 930073
VERIFICATION
Cheri Dunston, hereby states that he /6�- Vice President Loan Documentation of
WELLS FARGO BANK, N.A., plaintiff in this matter, that he& h & 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 hi e) 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.
.Gtr
Name: Cheri Dunston
Title: Vice President Loan Documentation
Company: Wells Fargo Bank, N.A.
Date: 10/14/2013
086 -PA -V2 FILE # 930073
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 #: 930073
FORM 1
IN THE COURT OF COMMON PLEAS
WELLS FARGO BANK, N.A. OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s)
vs.
SARAH L. BAHN I .. n l 2
Defendant(s) h� .J evil
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:
Date Meredith Wooters, Esq., Id. r c a
No.307207 - -'J
Attorney for Plaintiff
C _11
-
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:
ER/PRIMARY CUSTOM
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: $ I.ncluded Taxes & Insurance:
Date of Last Payment:
Primary Reason for Default:
Is the loan in Bankruptcy? Yes ❑ No ❑
If yes, provide names, location of court, case number & attorney:
Assets Amount Owed Value:
Home: $ $
Other Real Estate: $ $
Retirement Funds: $ $
Investments: $ $
Checking: $ $
Savings: $ $
Other: $ $
Automobile #1: Model: Year:
Amount owed: Value:
Automobile #2 : Model: Year:
Amount owed: Value:
Other transportation (automobiles, boats, motorcycles): Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
I . Monthly Gross Monthly Net
2. Monthly Gross Monthly Net
3. Monthly Gross Monthly Net
Additional Income Description (not wages):
1. monthly amount:
2. monthly amount:
Borrower Pay Days: Co- Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
2 ° 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
Sheriff
Jody S Smith 1j.
Chief Deputy m. (.£ {, 30 P j <<
Richard W Stewart
Solicitor _,P, ..:.P k` �.RIFP trt (_;.'�
Slar+l� Mfr & r
Wells Fargo Bank, N.A.
vs. Case Number
Sarah L Bahn 2013-6135
SHERIFF'S RETURN OF SERVICE
10/25/2013 12:06 PM - Deputy Dennis Fry, being duly sworn according to law, served the requested Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing
a true copy to a person representing themselves to be Marko Tate, boyfriend, who accepted as"Adult
Person in Charge"for Sarah L Bahn at 1550 Brandt Avenue, New Cumberland Borough, New
Cumberland, PA 17070.
D IS FRY, D
SHERIFF COST: $47.21 SO ANSWERS,
October 28, 2013 RbNW R ANDERSON, SHERIFF
tc-Coun,ySui,e Sheriff,7...-.u,.,.
I
rIQ9
PENtvrytN
ktOmtitiT f
PHELAN HALLINAN, LLP
BY: MEREDITH , WOOTERS, ESQUIRE ATTORNEY FOR PLAINTIFF
Identification No.: 307207
1617 JFK Boulevard, Suite 1400
Philadelphia, PA 19103
Telephone: (215) 563-7000, Ext. 1320
E-mail: Meredith.wooters @phelanhallinan.com
Wells Fargo Bank, N.A. : Court of Common Pleas
3476 Stateview Boulevard : Civil Division
Fort Mill, SC 29715 •
Plaintiff : Cumberland County
No.: 13-6135-CIVIL
v.
Sarah L. Balm •
1550 Brandt Avenue
New Cumberland, PA 17070-1529 •
Defendant •
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the foregoing Plaintiffs Praecipe to
Substitute Exhibit was served by regular mail on the following parties on the date listed below:
Sarah L. Bahn
1550 Brandt Avenue
New Cumberland, PA 17070-1529
DATE: By: 1 . 1 4-110 I " ■
Meredith H. Wooters, Esquire
Attorney for Plaintiff
930073
PHELAN HALLINAN, LLP
BY: MEREDITH WOOTERS, ESQUIRE ATTORNEY FOR PLAINTIFF
Identification No.: 307207
1617 JFK Boulevard, Suite 1400
Philadelphia, PA 19103
Telephone: (215) 563-7000, Ext. 1320
E-mail: Meredith.wooters(a�phelanhallinan.com
Wells Fargo Bank, N.A. : Court of Common Pleas
3476 Stateview Boulevard • Civil Division
Fort Mill, SC 29715 •
Plaintiff • Cumberland County
No.: 13-6135-CIVIL
v. •
•
Sarah L. Bahn •
1550 Brandt Avenue •
New Cumberland, PA 17070-1529 •
Defendant •
PRAECIPE TO SUBSTITUTE EXHIBIT
TO THE PROTHONOTARY:
Kindly substitute the following Exhibit to Plaintiffs Complaint:
Exhibit A: Promissory Note
DATE: tl 0.t 113 By: I I� /_. JP 4 L 1I '
Meredith H. Wooters, Esquire
Attorney for Plaintiff
930073
Exhibit "A"
THIS IS TO CERTIFY THAT THIS
IS A TRUE AND CORRECT COPY
OF THE ORIGINAL DOCUMEIg OTE FHA Con No. 1
Multistate WELLS FAR p BANK N.A. IN
��/
FEBRUARY 2B, 2011
Y:Ma.]
1550 BRANDT AVENUE,:NEW CUMBERLAND, PA 17070 GCQrA �
•
L
VI-ape-try Ad6ten) NCO l�
1,PARTIES c04�E �'EO
"Borrower"means each person signing at the end of this Note,and the prtitins,sgiikMsors and assigns."Le el,means
. (ELLS FARGO BANK, N.A. GEC v,cft(r
and its successors and assigns. ,NO.1�P
2.BORROWER'S PROMISE TO PAY;INTEREST SG�E
In return for at loam received from Lender,Borrower promises to pay the 'rcii ft9fsrn of ONE HUNDRED
EIGHTY-SEVEN THOUSAND FOUR HUNDRED SEVENTY-1'M AND NO/TDO
Dollars(U.S.$ *****187;475.00 ),plus interest,to the order of Lender!Interest will be charged on unpaid principal,
from tilt`dale of disbursement of the loan proceeds by Lender,at the rate of FOUR!AND SEVEN-EIGHTHS
•,p'crcent(--4-875 "A)per year until the full amount of principal has been paid.
3.PROMISE TO PAY SEGYTREO
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 carted the"Security instrument." The Security Instrument protects the Lender from losses which(night result if
Borrower defaults under this Note.
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
APRIL ;2011 .Any principal and interest remaining ou the first day of MARCH
2041 ,will be due on that date,which is called the"Maturity Date."
(B) Place
Payment shall be made at WELLS FARGO BANK, N.A.
P.O. BOX 11701, NEWARK, NJ 07101-4701 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 ofF.S. $*******992.14 .This amount
will be parrot-a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and
:'other items iu the order desiaibed in the Security Instrument_
(D)ii:Alionge to this site for payment adjuctnrents
: If an allonge providing for payment adjustments is executed by Borrower together with this Mute,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]
OGraduated Payment Allonge OGrowing Equity Allonge 00ther[sp eifyJ
5.BORROWER'S RIGBTTO PREPAY
Borrower has the right'to pay the debt evidenced by this Note, in whole ur in purl,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
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 ZR R00'+t FHA Multistate Masai Nate Nate-10/95 11111,11;11 1111
YMP MORTGAGE FORNS'•(800)521-729p
At
•
•
4
6.BORROWER'S FAILURE TO PAY
•(A) Late Charge for.Overdue Payments
•lf Lbnder has not received the full monthly payment required by the Security Instrument, as described in Paragraph
4(C)of this Note,by the cod-of fifteen calendar days after the payment is due,Lender may collect a late charge in the amount of
FOUR percent(4.000 I %)of the overdue amount of each payment.
(B) Default if
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 Edit of the principal balance remaining due and
all accrued interest Lender'rimy 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 blousing and Urban Dcvclopmentlor his or her designee.
(C) Payment of Costs and Experracs
If Lender has required in n sliatepayment in full,as described above,Lender may requite 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
Brirrower and any other person who has obligations under this Note waive the rights of presentment stud notice of
dishonor. 'Presentment"[bins the right to require Lender to demand payment of amounts duc "Notice of dishonor"means the
tight to require Lender to give notice to other persons that amounts due have not hero paid.
.,. F.i
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 most 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 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 tor the amounts owed under this Note.
BY SIGNING BELOW,Burrower accepts and agrees to the terms and covenants contained in this Note.
• (Seal) Ak 1. tit /V` (Seal)
43m-rower SARAH I, BANN -Borrower
(Seal) (Scat)
-Borrower I
-Be mower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Rorfowef
��}}��r�,, -Borrower
•
t(yyre•1R(4801) Pty.2al2
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
] H fail THONG ft
0111 riAY -C Ail IC; 19.
CUMBERLAND COUNTY
PENNSYLVANIA
Attorney For Plaintiff
WELLS FARGO BANK, N.A.
Plaintiff
v.
SARAH L. BAHN
Defendant(s)
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 13 -6135 -CIVIL
PRAECIPE
TO THE PROTHONOTARY:
® Please withdraw the complaint and mark the action Discontinued and Ended without prejudice.
n Please mark the above referenced case Settled, Discontinued and Ended.
❑ 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.
❑ Please Vacate
` the Judgment entered.
Date: JeVl O/`
PH # 930073
By.
Joseph A. Doye, Esq., I s . No.200479
Att•rney for Plaintiff
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.
Plaintiff
V.
SARAH L. BARN
Defendant(s)
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 13 -6135 -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:
SARAH L. BAHN
1550 BRANDT AVENUE
NEW CUMBERLAND, PA 17070-1529
Date:
ye, sq., Id. No.200479
ey for Plaintiff