HomeMy WebLinkAbout13-6221 Supreme Court-of Pennsylvania
Cour Commo 'Pleas
/ V ,1 . For Prothonotary Use Only:
v Sheet
CU EKL "AIV .:it� County Docket No:
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service ofpleadings or other papers as req uired by law or rules of court.
S Commencement of Action:
❑D Complaint ❑ Writ of Summons ❑ Petition
E+ ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking
C Lead Plaintiff's Name: WELLS FARGO BANK, N.A. Lead Defendant's Name: MICHAEL W. BROWN
T
I Are money damages requested? ❑ Yes ❑x No Dollar Amount Requested: ❑ within arbitration limits
0 (Check one) Z 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: Allison F. Zuckerman, Esq., Id. No. 309519, 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 ❑ Ejectment ❑ Common Law/Statutory Arbitration
$ ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment
❑ Ground Rent ❑ Mandamus
❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations
Z 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 01/01/2011
2013 OC 22 API 1p: 4
CU( IPCR�
VA ti
PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF
Allison F. Zuckerman, Esq., Id. No. 309519
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Melissa. Cantwell @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
Plaintiff, NO.: a l
VS.
MICHAEL W. BROWN
1021 COUNTRY CLUB ROAD
CAMP HILL, PA 17011 -1049
GILLIAN BROWN
1200 MALLARD RD
CAMP HILL, PA 17011 -1221 -
Defendants.
CIVIL ACTION — COMPLAINT IN MORTGAGE FORECLOSURE
And now comes WELLS FARGO BANK, N.A., by its attorneys, Phelan Hallinan, LLP
and files this Complaint in Mortgage Foreclosure as follows:
1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW
062 -PA -V3
BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff').
2. The Defendants, MICHAEL W. BROWN is an individual whose last known
address is 1021 COUNTRY CLUB ROAD, CAMP HILL, PA 17011 -1049 and GILLIAN
BROWN is an individual whose last known address is 1200 MALLARD ROAD, CAMP HILL,
PA 17011 -1221.
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 October 26, 2012, MICHAEL W. BROWN and GILLIAN BROWN
made, executed and delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,
INC. AS NOMINEE FOR MORTGAGE NETWORK, INC. a Mortgage in the original principal
amount of $307,834.00 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. 201233686. The Mortgage is a matter of
public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g),
which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those
documents are of public record.
5. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded April 9,
2013, the mortgage was assigned to WELLS FARGO BANK, N.A. which Assignment is
recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 201311300.
The Assignment is a matter of public record and is incorporated herein by reference in
accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach
documents to pleadings if those documents are of public record.
6. MICHAEL W. BROWN and GILLIAN BROWN are record and real owners of
the aforesaid mortgaged premises.
7. Defendants are in default under the terms of the aforesaid Mortgage for, inter alia,
062 -PA -V3
failure to pay the monthly installments of principal and interest due April 1, 2013.
8. As of 09/06/2013, the amount due and owing Plaintiff on the mortgage is as
follows:
Principal Balance $ 305,721.37
Interest 03/01/2013 through 09/06/2013 $ 5,104.11
Late Charges $ 343.95
Escrow Deficit $1,244.46
Suspense Balance $ (80.21)
TOTAL $ 312,333.68
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 $312,333.68, 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: Z�Z�
Date: 1 ' n F. rman sq., Id. No. 309519
or Plaint'
062 -PA -V3
Exhibit "A"
NOTE
NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL
OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED
AGENT.
October 26, 2012 CAMP HILL, PENNSYLVANIA
1021 COUNTRY CLUB RD
CAMP HILL, PENNSYLVANIA 17011
(Property Address)
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $307,834.00 (this amount is called "Principal'), plus interest, to
the order of the Lender. The Lender is Mortgage Network, 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. I will pay interest at a yearly rate of
3.250 %.
The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this
Note.
3. PAYMEN'T'S
(A) Time and dace of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly payment on the 1st day of each month beginning on December 1, 2012. 1 will make these payments
every month until I have paid all of the principal and interest and any other charges described below that I 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 November 1, 2042,1
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
Mortgage Network, Inc.
300 Rosewood Drive
Danvers, MASSACHUSETTS 01923
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. $1,339.71.
4. BORROWER'S RIGHT TO PREPAY
The Borrower shall have the right to prepay at any time, without premium or fee, the entire indebtedness or any part thereof not
less than the amount of one installment, or $100.00, whichever is less. Any Prepayment in full of the indebtedness shall be credited on the
date received, and no interest may be charged thereafter. Any partial Prepayment made on other than an installment due date need not be
credited until the next following installment due date or 30 days after such Prepayment, whichever is earlier.
MULTISTATE FIXED RATE NOTE - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3200 1/01
amended for Veterans Affairs Page 1 of 3 Amended 6100
IDS. Inc -
Borrower(s) Initials
5. 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 1 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.
6. 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 FIFTEEN 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 4.000% of my overdue payment. I will pay this
late charge promptly but only once on each late payment.
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due, l 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 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 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.
MULTISTATE FIXED RATE NOTE - Single Family - Fannie MaelFreddie Mae UNIFORM INSTRUMENT Form 3200 1104
amended for Veterans Affairs Page 2 of 3 Amended $100
IDS, Inc - /h.
Borrower(s) Initials �`
10. ALLONGE TO THIS NOTE
If an allonge providing for payment adjustments or for any other supplemental information is executed by the 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 ❑ Other (Specify) ❑ Other ('Specify)
11. UTNIFO%M 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 Tnist, or Security Deed (the "Security Instrument "), dated the same date as this Note,
protects the Note Holder from possible tosses which might result if I do not keep the promises which 1 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 1 owe under this
Note. Some of those conditions are described as follows:
Regulations (39 CF.R. Part 36) issued under the Department of Veterans Affairs ( "VA ") Guaranteed Loan
Authority (38 U.S.C. Chapter 37) and in effect on the date of loan closing shall govern the rights, duties and liabilities
of the parties to this loan and any provisions of this Note which are inconsistent with such regulations are hereby
amended and supplemented to conform thereto.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
(Seal)
MI HAEL W BRO - Borrower - Borrower
(Sign Original Only)
MULTISTATE FIXED RATE NOTE - Single Family - Fannie MaelFreddio Mac UNIFORM INSTRUMENT form 5200 1101
amended for Veterans Affairs Page 3 of 3 Amended 8100
ios, ins.
Exhibit "B"
LEGAL DESCRIPTION
ALL THAT CERTAIN lot or parcel of land situate in the Township of East Pennsboro,
Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the eastern right of way line of Country Club Road (Viva Drive on
the hereinafter mentioned Plan of Record) at the line between Lots B7 and B6 on the hereinafter
mentioned Plan of Lots; thence along said line, North 27 degrees 56 minutes 59 seconds West, a
distance of 100 feet to a point; thence North 53 degrees 46 minutes 50 seconds East, a distance
of 210.86 feet to a point; thence South 35 degrees 42 minutes 50 seconds East, a distance of
100.73 feet (erroneously stated as 100173 in prior deed) to a point; thence South 54 degrees 13
minutes 55 seconds West, a distance of 224.35 feet to a point, the place of BEGINNING.
BEING Lot B7, Phase 1, Pealer Land Development, which Plan is recorded in the Office of the
Recorder of deeds in and for Cumberland County, Pennsylvania, in Plan Book 46, Page 4.
BEING known and numbered as 1021 Country Club Road, Camp Hill, Pennsylvania.
UNDER AND SUBJECT, NEVERTHELESS, to certain conditions and restrictions as appear of
record in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in
Misc. Book 308, Page 358.
PROPERTY ADDRESS: 1021 COUNTRY CLUB ROAD, CAMP HILL, PA 17011 -1049
PARCEL #09 -18- 1308 -064
File #: 927211
VERIFICATION
Darren Britt, hereby states that&she is Vice President Loan Documentation of WELLS
FARGO BANK, N.A., plaintiff in this matter, that he 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 is 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: Darren Britt
Title: Vice President Loan Documentation
Company: Wells Fargo Bank, N.A.
Date: 09/25/2013
086 -PA -V2 File # 927211
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 #! 927211
FORM 1
IN THE COURT OF COMMON PLEAS
WELLS FARGO BANK, N.A. OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s)
vs.
MICHAEL W. BROWN
GILLIAN BROWN l
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 mzy 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) 2439400
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 withthe 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 reasonablearrangements 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 finandal 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 concilition 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:
C r C 1
Date son F. cke Esq., Id. N(?.; 519.:n =
Attorney for P 'ntiff =;::) _-4
p-- - C D
C
C) C ry
C M
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: --
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 nd 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 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
Richard W Stewart
Solicitor ,a,PFI � �ffiRIF !t��� L t ,iC' +�j :
I'EHI,I�YL{:'A l
Wells Fargo Bank, N.A.
vs. Case Number
Michael W Brown (et al.) 2013-6221
SHERIFF'S RETURN OF SERVICE
10/25/2013 04:23 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 handing
a true copy to a person representing themselves to be Michael W. Brown, spouse, who accepted as
"Adult Person in Charge"for Gillian M Brown at 1021 Country Club Road, East Pennsboro, Camp Hill, PA
17011.
RONALD HOOVER, DEPLITY
10/25/2013 04:23 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:
Michael W Brown at 1021 Country Club Road, East Pennsboro, Camp Hill, PA 17011.
RONALD HOOVER, DEPUTY
SHERIFF COST: $60.95 SO ANSWERS,
October 28, 2013 RONW R ANDERSON, SHERIFF
PHELAN HALLINAN, LLP
D. Troy Sellars, Esq., Id. No. 210302 Attorney for Plaintiff
126 Locust Street
Harrisburg, PA 17101
215-563-7000 x 1360
WELLS FARGO BANK,N.A. Court of Common Pleas
3476 STATEVIEW BOULEVARD
FORT MILL, SC 29715 Civil Division
Plaintiff No. 13-6221-CIVIL
v.
Cumberland County
MICHAEL W. BROWN
1021 COUNTRY CLUB ROAD ` -o
CAMP HILL, PA 17011-1049 - r ; �-
GILLIAN BROWN r;
1200 MALLARD RD f ,
CAMP HILL, PA 17011-1221 '
Defendants
CFI
MOTION TO LIFT CONCILIATION STAY
Plaintiff, Wells Fargo Bank, N.A. (hereinafter "Plaintiff'), by its attorney, D. Troy
Sellars, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof
avers as follows:
1. On October 22, 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 April 1, 2013, and each month thereafter. A true and correct copy of the Complaint
is attached hereto, made part hereof and marked as Exhibit"A".
2. On October 25, 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 Sheriffs Return of Service
is attached hereto, made part hereof and marked as Exhibit"B".
927211
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 has 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 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.
WHEREFORE, Plaintiff respectfully requests that this matter be removed from the
Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic
stay be lifted.
Respectfully submitted,
PHELAN LLLINAN, LLP
3
Date: 13 I �y BY: /9 �3
D. Troy Sdtlars, Esquire
Attorney for Plaintiff
927211
•
•
Exhibit "A"
FILE-OFFICE
OF THE PROTHONOTAR'r
H OCT 22 AN ti= 1.
CUPENNSYLVANIA COUNTY
PHELAN HALLINAN,LLP ATTORNEY FOR PLAINTIFF
Allison F.Zuckerman,Esq.,Id.No.309519
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
Mel issa.Cantwell@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 '
Plaintiff, NO.:
vs.
MICHAEL W.BROWN
1021 COUNTRY CLUB ROAD
CAMP HILL,PA 17011-1049
GILLIAN BROWN
1200 MALLARD RD
CAMP HILL,PA 1701 1-1221
Defendants.
CIVIL ACTION— COMPLAINT IN MORTGAGE FORECLOSURE
And now comes WELLS FARGO BANK,N.A.,by its attorneys,Phelan Hallinan,LLP
and files this Complaint in Mortgage Foreclosure as follows:
1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW
%baby certify that w1116
mom C
to be a true and correct con
of the algid Sod st record
062-PA-V3 please RJR"
•
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'10 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
Pile W 927211
- _���
•
BOULEVARD, FORT MILL, SC2g7l5 "plaintiff).
2. The Defendants, MICHAEL W. BROWN is an individual whose last known
address is 1021 COUNTRY CLUB ROAD, CAMP HILL, PA 17011-1049 and GILLIAN
BROWN is an individual whose last known address is 1200 MALLARD ROAD, CAMP [D[.I.,
PA 17011-1221.
3, WELLS FARGO BANK, }V.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 duty indorsed. A true and correct copy of said
Promissory Note is marked Exhibit "A", attached hereto and made a part hereof.
4. ()oor about October-)b, 2012^ IvIlCILf\ELVY. BROWN and GILLIAN BROWN
made, executed and delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,
INC. AS NOMINEE FOR MORTGAGE NETWORK, INC. a Mortgage in the original pri ' ul
amount of$307,834,00 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, 201233686, The Mortgage is a matter of
public record and is incorporated herein by reference in accordance with Pa.R,C.P. 1019(g),
which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those
documents are of public record.
5. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded April 9,
2013' the mortgage was assigned to WELLS FARGO BANK, N.A. which Assignment is
recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 201311300.
The Assignment is a matter of public record and is incorporated herein by reference in
accordance with Pa.R.C.P. 10 19(g),which rule relieves the Ptainliff from its obligation to attach
documents to pleadings if those documents arc of public record.
6. MICHAEL W. BROWN and GILLIAN BROWN are record and real owners of
the aforesaid mortgaged premises.
7. Defendants are itt default under the terms of the aforesaid Mortgage for, inter a!ia,
062-PA-V3
failure to pay the monthly installments of principal and interest due April 1, 2013.
8. As of 09/06/2013, the amount due and owing Plaintiff on the mortgage is as
follows:
Principal Balance $ 305,721.37
Interest 03/01/2013 through 09/06/2013 $ 5,104,11
Late Charges $ 343,95
Escrow Deficit $1,244.46
Suspense Balance $ (80.21)
TOTAL $ 312,333.68
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 tile
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$312,333.68, 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. ., Id. No. 309519—
\ ~�^
`�.~,
FORM. 1
{N TIlE COURT OF COMMON PLEAS
WELLS[AKG0 BANK, N.A. OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s)
vs.
MICHAEL W BROWN
GILLIAN BROWN �
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 ow'n and live in the residential property which is the subjec of this foreclosure action you ni be able to
participate in a court-supervised conciliation conference in au effort to resolve this matter with you lender.
If you do not ha'e a lawyer,you must take tile following steps to be eligible for a conciliation conference.
First,within tweruty(20)days of your receipt of this notice,you must contact y0idPeoo Legal Services xt(7)7)24}94OO
extension 25\Oor(8O08Z2'52&8 extension 25l0 and request appointment n[a legal representative apo charge myou.
Once you have hew appointed a legal rexe o/i,, you must promptly meet with Ax, legal representativ within
| (20)daYs of the tiPpoilit date. During h t u*,you must provick the le,gal representative |h all
requested filament! infonnat ion so that a lOall resolution propostil 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 withthe Court within sixty(60)days of the
sciIee upon you oftlte foreclosure complaint. It'yout do so and a conciliation conference is scheduled,you will have an
ortunity to meet with a representative of yotu lender in an attempt to work out reasonablearrangeinents with your
tender he tore the mortgage foreclosure suit prucccd forward.
H you are represented by a lawyer,you and your lawyer must take the foflowing steps to be eligible for a
conciliation conference.It is not necessary for you to contactMidPemi Legal Service for the appointment of a legal
represehiIttivC. I luwevur,you must provide your iawyct with all niiii5teil littuicial in formation so that a loan resolution
proposal can he prepared on your behalf, hi you and yriutr lawyer complete a lititutthtl workheci in tile Iimuat attached
hereto,your lawyer will prand file u Request for Conciliation Cm.6/,oce with the Court, which must be filed
within sixty(60)days of the service upon you of the foreclosure complaint. lfyuu do so and t coitciltioru 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/bn,nni.
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:
/xu�—T---Tc�—`/ K�'-----' --- - ��--- ----
&]|Gm/ |'�.4c Ex�, |d�No� ]OVJ|9
Attorney for l'hi0titT
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/P121 MAR\ APPLICANT
Borrower name(s);
Property Address:
City: Zip.
Is the property for sale? Yes n No n 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?
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: 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 0 No ri
If yes provide names, location of court,case number&attorney:
Assets Amount Owed: Value:
Home: $
Other Rea Estate: $_________
Retirement Funds: $ $
Investments: $__
Checking: �� �---
Savings:
Otbec '
AhboD8bUe#l: Mo6eL _ __________ __ Year:____
Amount owed: Vaoc/_____ _�_�_
Autompbile#2: Model: ____ Yenr ______
Amount owed: Value: ______
_______
Other transportation(automobilcs boats motorcycles): I'vto6m|;__ __ _ _
Yuor Amount owed Value________
Monthly Income
Name of Employers:
I. ly Gros Net
2. _ Monthly Gross ' Net '
3. Monthly Gross Monthly Net
Additional income Description(not wages):
I. ____mnoih|� moounu
Z. monthly amount:
Borrower Pay Days: Co-Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently paying)
' EXPENSE AMOUNT EXPENSE AMOUNT
/��a----�--_� __� ________ ______� __
Auto Insurance M+u
Install.
___--
_ __
Cable TV
Ckild800nor�AUm. i S �� — -- -
^��= `''�-' —'- -- --- -- ---_—___����-��z���� � _ ~_ '___ _____~
Amount Available for Monthly Mortgage Payments Based on income&Expenses;
1 lave you been working with a Housing Counseling Agency?
Yes N* F7
If yes.please provide the following information:
Counseling Agency: Counselor:
— _-_ -� ~ __'__
Phone(Office): Fax:
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program (FIEMAP)
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:
I,encier's Contact(Name): _.. _. .. Phone:
Servicing Company (Name):
G- dact: Phone:
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 liwe 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 an the market)
Exhibit "A"
111.1111..11 11111111111111111
NOTE
NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL
OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED
AGENT.
October 26,2012 CAMP HILL,PENNSYLVANIA
1021 COUNTRY CLUB RD
CAMP HILL,PENNSYLVANIA 17011
(Property Address)
1, 110)111.4)1VE/I'S PROMISE TO PAY
Iii ollan fur a loon rind I have reeeirecd.I promise to pay I LS.S307,834.00(this amount is called"Principal"),plus interest,to
the order ol ii ur lArinle.r 'I he Lender is Mortgage Network.Inc.,
will mcke all mint-nor wirier this Now uu thr form ul cash,cheek or money order.
ilialer,mial dint the Louder Ina),transfer this Now.The lender or anyone who takes this Note by transfer and who is entitled to
reecive payments this Note is ealled tliv"Note lioldel."
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 raw of
3.250%.
The interest rate required by this Section 2 is the rate!will pay both before and niter any default described in Section 6(B)of this
Now,
3.PAYMENTS
(AI"I lute and Place of Payments
I will pay principal and interest by making a payment every month.
I will retake urn' monthly payment on the 1st flay of cue!,month be8inning tot December 1, 21:11 , I will make these payments
every 11)(311111 until I have paid all of the principal and interest and any other()barges described below that I may nue under this Note.Prich
morality payst writ will lie apiilictl as of lis scheduled due date and will he applied to interest before Principal,If;on November I,2042,I
II ewe amounts antler this Now,I will pay(lase amounts in full on that date,which is allte4 the"Mat»rity Date,"
I will make my monthly payments at
Mortgage Network,Inc.
300 Rosewood Drive
Danvers,IVIASSACRUSETYS 01923
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.S1,339.71.
.1. III/It 1(4 0111K11'S RICH I TO PREPAY
the florrower shall have.the ribht to ',Rimy i o‘ty firov.without plc:ilium or fee,the entire indelitctilloy or any pall thereof not
than the ain,min or olie inAtIlInent,or$100.110,whieheect it less.Any Prcinlytiwnt in Rill of the unlohtothies,shall hi:credited on the
ito reveiViA,;1101110 irgert=ii!tin in'charged there?/her.Any partial Prepayment made on other than muui ite-iallinent due date uccd not be
credited until rho nest fill,1)51110,instal/mem dire dote or"10 day:,alter such Preit4yrneni, whichever is earhil,
MULTISTATE FIXED RATE NOTE-Single Family-Fannie MaelFreddia Mac UNIFORM INSTRUMENT Form 3200 1/01
amended for Veterans Affairs Page 1 of 3 Amended otoo
Borrower(s)Initials _
5.L1)AN c.ilA)tt.ws
It"a law, which arpphc's to this loner and which sets Innximum late)ci trge s,is liirally interpreted so that the interest or other loan
charges collected ui to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan 1 age shall he
reduced by the amount necessary to refluec the dirtrge w the pernnined lnnit and(hi any swims already rOltccted trap>mmmc rrtlieh exceeded
pcnniSle t limit.,will l■e rvturutc.a to tire. The Note Holder may choose to mirky this retinal by reducing the Principal I owe tinder this Note
or by making n direct payment In roe.If a rebind tedue.cs Pr ituripal,mill'reduction will be treated as a partial Prepayment.
b.BORROWER'S FAILURE TO PAY AS REQUIRED
(A)Late Choral'for Overdue Payments
If the Note Holder hos nrrt received the full amount of any monthly payment by the end of FIFTEEN calendar days after the
date it is due,I will pal ae late charge to the Note Bolder,The amount of the charge will be 4,000%of my overdue payment,I will pay thiti
late charge promptly but only once on each late payment,
(B)Default
if I do not pay the full amount of each monthly payment on the date it is due,1 will be in default,
IC)Notice HI Default
It'I am in default,the Nate Holder may send me a written notice telling me that if I do not pay the overdue amount by a cenain
date,the N,nr Its lotder tatty require time to pay immediately the full amount of Principal which has not been paid and all the interest that I
owe on that amount, 111.n date most be at least 30 Jays 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 1-folder will still have the right to do so if I am in default at a later time.
(Is)Payment of Note Holder's Costs and Expenses
il'the Note I hinder In..required me to pny immediately in full as described above,the Note Holder will have the right to be paid
back by use(or all of it,„cost:.tutee esth:nsee in mitbrciog this Note to the extent not prohibited by applicable law,Those expenses include,
for example, 'c.,,inrihlc to torIirys'fees.
7.GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to the under this Note will be given by
delivering it or by moiling it by first class mail to me at the Properly Address above or at a different address if 1 give the Note Holder a
notice of toy rlifFcri:nt address.
Any notice that most he given to the Note Holder under this Note will be given by delivering it or by mailing it by first class snail
to the Note I fender at the address stated in Section 3(A)above or at a different address if 1 am given a notice of that different address.
11, OJH,IGA`I'tt),7S t)I'I'N,IsSONS UNDER IIIS NUi'I'
I t turn: that on person sigu.c this Nate,(molt person is fully and personally oblrgaied to keep all of this ptoitM,:ei made in this
Ni ,ie ineluding the promise r,pay the full nisi alin owed.Any person who is rt t;uaranitn,surety or mntlorser et this Note Is:else I,hiip:u,:d
ro do itic,c Ihints.Any prl met whin tube diver these obligation‘,including the obligations of n guarantor,sunety in crndurser of this 1Jtitr,
ibli1yutc I to keep;ill it du:profilist-:,made ill this Note. /lie Note I bolder may enforce its rights muter this Note against each pet',lin
individually tit a astral 311 ur this means that tiny uric of us may he required to play all of Use amounts owed under This Mite,
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.
MULTISTATE FIXED RATE NOTE-Single Family•Fanrite MardFraddl.Mac UNIFORM INSTRUMENT Form 3200 1101
anmendea for Veterans Affairs Page 2 of 3 Amended 6100
Borrower(s)millets "/
•
`umt„^.ONoV.ro'VMS mno�
if an atIonge providing for payment adjustments or for any other supplemental information Is executed by the Borrower'together with
tins Note, the covenants ol the allonge shall be incorporated into and shall amend and supplement the covenants of this Note,as if the
oraduated pityment Anonge 0 Other(Specify) 0 Other(Specify)
_ ___�_
) UNIFORM SECuumomo[E
/his N"mi^nvo/Wn* instrument with wnimioa /.s"m,jxrivdimxion, U.aoo(,ummo`cPmmvtions uiwzowum/*`,"
|widw under Mortgage,V,wufliux� vvS����* 5�u�. lw�m*;xl.dm^a the �omxm"= w°w^'�
'l� m"�/� �wv - - � `*�v ,x�hn�h/^mm|/ ix;u*"*k'n'/|mvwmi^"s~w.�h make |v'h�mm,.H*'xw°�p
^ ~"u°describes how and tinder what'it muoiOo |rimy hoPevvhvow make immediate payment io full u[all amounts/°*,vme/thu
M^/�Nxm"vroIVSC:mo hkvv■rc Kvm*z
w^Tillittiw1S Nit »o4 eotred under the Department.wrvetueztos A tien, (^vx') o=rtu`*wLoan
Authority /o U.S.C.Chapter 1r) u/n effect ov the date of loan closing shalt govern "e rights,duties and "" ..^ti
mmi5 loan and any provisions of this Note which arc inconsistent with xtieh regulations are u*" r
wnr"^m and`orp/,o nettled wconform thereto,
WITNESS THE HA NI Alti)SEAL(S)OF THE UNDERSIGNED
/el 7/ ,v() 1/
----- y~ ��,��,, -Borrower
,,^"" ^ ~~—`- ' (Sign Original Only)
~______
MULTISTATE FIXED RATE NOTE'ywo1e Family poomw Mae/Freddie'km UNIFORM INSTRUMENT Form^mo «m
amended ter x^tewv*Affairs Page 3 of 3 Amended I3/00
m=�
Exhibit "B"
'- ~� '
LEGAL DESCRIPTION
ALL THAT CERTAIN lot or parcel of land situate in the Townshi of Eas 9ounubom,
Cumberland County, Pcono}4vuoio, more particularly bounded and described as fb|lows, to wit:
BEGINNING at a point on the eastern right of way line of Country Club Road (Viva Drive on
the hereinafter mentioned Plan of Record)at the line between Lots B7 and B6 on the hereinafter
mentioned Plan of Lots; thence along said line,North 27 degrees 56 minutes 59 seconds West, a
distance of 100 feet to a point; thence North 53 degrees 46 minutes 50 seconds East, a distance
n{2|D.8b feet mxpoint; thence South 35 degrees 42 minutes 50 seconds East,a disiance of
180.73 feet(erroneously stated as 100173 in prior deed) to a point; thence South 54 degrees 13
minutes 55 seconds West, a distance of 224.35 feet to a point, the place of BEGINNING.
BEING Lot B7. Phase 1,Pea ler Land Development, which Plan is recorded in the Office of the
Recorder of deeds in arid for Cumberland County, Pennsylvania;in Plan Book 46, Page 4.
BEING known and numbered as 1021 Country Club Road,Camp Hill,Pennsylvania.
UNDER AND SUBJECT, NEVERTHELESS, to certain conditions and restrictions as appear of
record in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in
Misc. Book 308` Page 358.
PROPERTY ADDRESS: 1021 COUNTRY CLUB ROAD, CAMP HILL,PA 17011~1040
PARCEL#O9-10'1300'064
File It: 9272H
VERIFICATION
Darren Britt, hereby states that is Vice President Loan Documentation of WELLS
FARGO BANK,NA,,plaintiff in this matter,thatashe 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 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,
r`)
Name: Darren Britt
Title: Vice President Loan Documentation
Company: Wells Fargo Bank,NA
Date: 09/25/2013
086-PA-V2 File# 927211
Exhibit "B"
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff 6°yUtr osiutabrrt44o
Jody S Smith
Chief Deputy ,$
Richard W Stewart
Solicitor ovfIC&or THE tMERIFF
Wells Fargo Bank,N.A. Case Number
vs. 2013-8221
Michael W Brown(et al.)
SHERIFF'S RETURN OF SERVICE
10/25/2013 04:23 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 handing
a true copy to a person representing themselves to be Michael W. Brown,spouse,who accepted as
"Adult Person In Charge"for Gillian M Brown at 1021 Country Club Road, East Pennsboro,Camp Hill, PA
17011,
RONALD HOOVER,DEPtI Tl
10/25/2013 04:23 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:
Michael W Brown at 1021 Country Club Road,East Pennsboro, Camp Hill,PA 17011.
RONALD HOOVER,D UTY
SHERIFF COST: $80.95 SO ANSWERS,
October 28,2013 RON R ANDERSON, SHERIFF
(c)CountySute 5hantl,Teteoioft Inc
PHELAN HALLINAN, LLP
D. Troy Sellars, Esq., Id. No. 210302 Attorney for Plaintiff
126 Locust Street
Harrisburg, PA 17101
215-563-7000 x 1360
WELLS FARGO BANK,N.A. Court of Common Pleas
3476 STATEVIEW BOULEVARD
FORT MILL, SC 29715 Civil Division
Plaintiff No. 13-6221-CIVIL
v.
Cumberland County
MICHAEL W. BROWN
1021 COUNTRY CLUB ROAD
CAMP HILL, PA 17011-1049
GILLIAN BROWN
1200 MALLARD RD
CAMP HILL, PA 17011-1221
Defendants
CERTIFICATION OF SERVICE
I, D. Troy Sellars, Esquire, certify that I caused true and correct copies of Plaintiff's
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:
MICHAEL W. BROWN
1021 COUNTRY CLUB ROAD
CAMP HILL, PA 17011-1049
GILLIAN BROWN
1200 MALLARD RD
CAMP HILL, PA 17011-1221
Date: /13///"/ B
Y• ,9
D. Troy Skiars, Esquire
Attorney for Plaintiff
927211
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK,N.A. Court of Common Pleas
3476 STATEVIEW BOULEVARD
FORT MILL, SC 29715 Civil Division
Plaintiff No. 13-6221-CIVIL
v.
Cumberland County
MICHAEL W. BROWN
1021 COUNTRY CLUB ROAD
CAMP HILL, PA 17011-1049 2
rri 1:13
GILLIAN BROWN r1 --
-t
1200 MALLARD RD `_o n CD r CI
CAMP HILL,PA 17011-1221 `-
Defendants (rl
ORDER
AND NOW,this 119* day of 744A-1 , 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.
BY T ' COURT:
4/
J.
cc : Michael W. Brown
Gillian Brown
D. Troy Sellars, Esq., Id. No. 210302
Attorney for Plaintiff
927211
✓ YHELAN HALLINAN, LLP
D. Troy Sellars, Esq., Id. No. 210302
126 Locust Street
Harrisburg, PA 17101
215-563-7000 x 1360
CHAEL W. BROWN
1021 COUNTRY CLUB ROAD
CAMP HILL, PA 17011-1049
LIAN BROWN
1200 MALLARD RD
CAMP HILL, PA 17011-1221
ezlia//Y
927211
I {1E {Ft ( i' r
3�tl,
PHELAN HALLINAN, LLP 2014 MAR 2� i Attorney for Plaintiff
Jonathan Lobb, Esq., Id.No.312174 �O
1617 JFK Boulevard, Suite 1400 �,U�� �� i�� �
One Penn Center Plaza f P Pw'S YLVA�i d�a
Philadelphia, PA 19103 1:
Jonathan.Lobb @phelanhallinan.com
215-563-7000
WELLS FARGO BANK, N.A. CUMBERLAND COUNTY
COURT OF COMMON PLEAS
VS.
CIVIL DIVISION
MICHAEL W. BROWN
GILLIAN BROWN No. 13-6221-CIVIL
AFFIDAVIT OF NON-MILITARY SERVICE
The undersigned attorney hereby verifies that he/she is the attorney for the
Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge
of the following facts, to wit:
(a) that the defendant(s) MICHAEL W. BROWN and GILLIAN BROWN are
not in the Military or Naval Service of the United States or its Allies, or otherwise within the
provisions of the Servicemembers Civil Relief Act, as amended.
(b) that defendant MICHAEL W. BROWN is over 18 years of age and resides at
1021 COUNTRY CLUB ROAD, CAMP HILL, PA 17011-1049.
(c) that defendant GILLIAN BROWN is over 18 years of age and resides at 1021
COUNTRY CLUB ROAD, CAMP HILL, PA 17011-1049.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
Date 1
Phe allinan, LLP
Jonathan Lobb, Esq., Id. No.312174
Attorney for Plaintiff
PHELAN HALLINAN, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza, Philadelphia, PA 19103
215-563-7000
927211
Department of Defense Manpower Data Center Results as of:Mar-19-201405:12:14 AM
SCRA 3.0
Status Report
Piet to Servicemembien Civil Relief Act
Last Name: BROWN
First Name: MICHAEL
Middle Name: W -
Active Duty Status As Of: Mar-19-2014
On Active Duty On Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA No NA
This response reflects the individuals'active duty status based on the Active Duty Status Date
Left Active Duty Within 367 Days of Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA _ No NA
This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
Order Notification Start Date Order Notification End Date Status Service Component
NA NA ? No NA
—
This response reflects whether the intlividua S l or hislher unit has received early notification.to report for active duty
S.
Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
4hk� iA`
Mary M.Snavely-Dixon,Director
Department of Defense-Manpower Data Center
4800 Mark Center Drive,Suite 04E25
Arlington,VA 22350
Department of Defense Manpower Data Center Results as of:Mar-19-2014 05:12:15 AM
SCRA 3.0
Status Report
Pursuant to Serviccmembm Civil Relief Act,
Last Name: BROWN
First Name: GILLIAN
Middle Name:
Active Duty Status As Of: Mar-19-2014
On Active Duty On Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA ° - No ',!y NA
This response refects the individuats'active duty status based on the Active Duty Status Date
.A
Left Active Duty Within 367 Days of Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA - i - No NA
This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His/Her Unit Was Notified of a Future Call•Up to Active Du on Active Duty Status Date
Order Notification Start Date Order Notification End Date Status Service Component-4-NA NA No NA
This response reflects whether the individual or his/her unit has received early notification to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of
the individual on the active duty status date as to all branches of the Uniformed IServices(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
xA
WM
h
Aal jrl�
Mary M.Snavely-Dixon,Director
Department of Defense-Manpower Data Center
4800 Mark Center Drive,Suite 04E25
Arlington,VA 22350
PHELAN HALLINAN, LLP µ, Q. ' 1.„ y Attorne for Plaintiff
Jonathan Lobb, Esq., Id. NQ' L M 2-4
1,l i ✓ 1
1617 JFK Boulevard, Suite 1490x3 t7 f t r3 COUP+l
One Penn Center Plaza nINS ;'t..VA1111
Philadelphia, PA 19103
Jonathan.Lobb@phelanhallinan.com
215-563-7000
WELLS FARGO BANK, N.A. CUMBERLAND COUNTY
vs. : COURT OF COMMON PLEAS
MICHAEL W. BROWN : CIVIL DIVISION
GILLIAN BROWN
: No. 13-6221-CIVIL
PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against MICHAEL W. BROWN and
GILLIAN BROWN, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within
20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess
Plaintiff's damages as follows:
As set forth in Complaint $312,333.68
TOTAL $312,333.68
I hereby certify that (1) the Defendants' last known address is 1021 COUNTRY CLUB
ROAD, CAMP HILL, PA 17011-1049, and (2) that notice has been given in accordance with
Rule Pa.R.C.P 237.1.
Date 3 ))-(11((
J•,rthan Lobb, Esq., Id. No.312174
Attorney for Plaintiff
DAMAGES ARE Ei ASSESSED AS INDICATED.
DATE: 1 - t
PH#927211 PROTHONOTARY
4.1 �.so�a
wart
c L.,** 140 3a'1(../ I
927211
�� 3b X309
��n�� njoil
PHELAN HALLINAN,LLP Attorney for Plaintiff
Jonathan Lobb,Esq., Id. No.312174
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Jonathan.Lobb@phelanhallinan.com
215-563-7000
WELLS FARGO BANK, N.A. : CUMBERLAND COUNTY
COURT OF COMMON PLEAS
vs.
: CIVIL DIVISION
MICHAEL W. BROWN
GILLIAN BROWN : No. 13-6221-CIVIL
AFFIDAVIT OF NON-MILITARY SERVICE
The undersigned attorney hereby verifies that he/she is the attorney for the
Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge
of the following facts, to wit:
(a) that the defendant(s) MICHAEL W. BROWN and GILLIAN BROWN are
not in the Military or Naval Service of the United States or its Allies, or otherwise within the
provisions of the Servicemembers Civil Relief Act, as amended.
(b) that defendant MICHAEL W. BROWN is over 18 years of age and resides at
1021 COUNTRY CLUB ROAD, CAMP HILL, PA 17011-1049.
(c) that defendant GILLIAN BROWN is over 18 years of age and resides at 1021
COUNTRY CLUB ROAD, CAMP HILL, PA 17011-1049.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
Date 3!Z[
Phela Hallinan, LLP
Jonathan Lobb, Esq., Id. No.312174
Attorney for Plaintiff
PHELAN HALLINAN, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza, Philadelphia, PA 19103
215-563-7000
927211
Department of Defense Manpower Data Center Results as of:Mar-21-2014 12:11:19 AM
SCRA 3.0
�
Y B' �
� Aff'.
tf status Report
' . Pursuant to Servicememl ers Civil Relief Act
Last Name: BROWN
First Name: GILLIAN
Middle Name:
Active Duty Status As Of: Mar-21-2014
On Active Duty On Active Duty Status Date
Active Duty Start Date Active Duty End Date. Status Service Component.
NA NA No NA
This response reflects the individuals'active duty status based on the Active Duty Status Date
Left Active Duty Within 367 Days of Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component'.
NA NA No NA
This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
Order Notification Start Date Order.Notification End Date Status Service Component
NA NA No NA
This response reflects whether the individual or his/her unit has received early notification to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
nittitAi, s
)totfh ,, 1
/ '
Mary M.Snavely-Dixon,Director
Department of Defense-Manpower Data Center
4800 Mark Center Drive,Suite 04E25
Arlington,VA 22350
Department of Defense Manpower Data Center Results as of:Mar-21-2014 12:11:16 AM
SCRA 3.0
d a
• f`: Status Report
' Pursuant to Se vicemetlers Civil Relief Act
Last Name: BROWN
First Name: MICHAEL
Middle Name: W
Active Duty Status As Of: Mar-21-2014
On Active Duty On Active Duty Status Date
Active Duty Start Date '+ Active Duty End Date ' Status Service Component
NA NA No NA
This response reflects the individuals'active duty status based on the Active Duty Status Date
Left Active Duty Within 367 Days of Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA No NA
This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
Order Notification Start Date Order Notification End Date Status Service Component'..
NA NA No NA
This response reflects whether the individual or his/her unit has received early notification to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
s
Mary M.Snavely-Dixon,Director
Department of Defense-Manpower Data Center
4800 Mark Center Drive,Suite 04E25
Arlington,VA 22350
WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS
Plaintiff CIVIL DIVISION
v.
MICHAEL W.BROWN NO. 13-6221-CIVIL
GILLIAN BROWN
Defendant(s) CUMBERLAND COUNTY
TO: MICHAEL W.BROWN
1021 COUNTRY CLUB ROAD
CAMP HILL,PA 17011-1049
DATE OF NOTICE: ?fie/i
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE
IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO
HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT
PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST
PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS.
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.
Office of the Prothonotary CUMBERLAND COUNTY BAR
Cumberland County Courthouse ASSOCIATION
1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE
Carlisle,PA 17013 2 LIBERTY AVENUE
(717)240-6195 CARLISLE,PA 17013
(717)249-3166
By:
Jom' an Lobb, sq.,Id.No.312174
Attorney for Plaintiff
Phelan Hallinan,LLP
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
PH#927211
WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS
Plaintiff CIVIL DIVISION
v.
MICHAEL W.BROWN NO. 13-6221-CIVIL
GILLIAN BROWN
Defendant(s) CUMBERLAND COUNTY
TO: GILLIAN BROWN
1021 COUNTRY CLUB ROAD
CAMP HILL,PA 17011-1049
DATE OF NOTICE: ' f f41/I
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE
IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO
HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT
PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST
PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS,
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.
Office of the Prothonotary CUMBERLAND COUNTY BAR
Cumberland County Courthouse ASSOCIATION
1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE
Carlisle,PA 17013 2 LIBERTY AVENUE
(717)240-6195 CARLISLE,PA 17013
(717)249-3166
By:
I f
Jona an Lobb,Esq.,Id.No.312174
Attorney for Plaintiff
Phelan Hallinan,LLP
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
PH#927211
(Rule of Civil Procedure No. 236) - Revised
WELLS FARGO BANK, N.A. • CUMBERLAND COUNTY
vs. : COURT OF COMMON PLEAS
MICHAEL W. BROWN .
GILLIAN BROWN : CIVIL DIVISION
: No. 13-6221-CIVIL
•
Notice is given that a Judgment in the above captioned matter has been entered
against you on %Ion I 14 .
(9)
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7)
B y. _ o>
If you have any questions concerning this matter please contact:
Phelan Hallinan, LLP
Jonathan Lobb, Esq., Id. No.312174
Attorney for Plaintiff
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU
HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT
ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.**
927211
PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE)
P.R.C.P. 3180-3183
WELLS FARGO BANK,N.A. : COURT OF COMMON PLEAS
Plaintiff :
: CIVIL DIVISION
v. :
• NO.: 13-6221-CIVIL
MICHAEL W.BROWN •
GILLIAN BROWN :
Defendant(s) CUMBERLAND COUNTY
To the Prothonotary:
Issue writ of execution in the above matter:
Amount Due $312,333.68
Interest from 03/25/2014 to Date of Sale $8,368.42
($51.34 per diem)
TOTAL $320,702.10
Phe Hallinan,LLP
Jonathan Lobb,Esq., Id. No.312174
Attorney for Plaintiff
Note: Please attach description of property. __
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LEGAL DESCRIPTION
ALL THAT CERTAIN lot or parcel of land situate in the Township of East Pennsboro,
Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the eastern right of way line of Country Club Road (Viva Drive on
the hereinafter mentioned Plan of Record) at the line between Lots B7 and B6 on the hereinafter
mentioned Plan of Lots; thence along said line, North 27 degrees 56 minutes 59 seconds West, a
distance of 100 feet to a point; thence North 53 degrees 46 minutes 50 seconds East, a distance
of 210.86 feet to a point; thence South 35 degrees 42 minutes 50 seconds East, a distance of
100.73 feet (erroneously stated as 100173 in prior deed) to a point; thence South 54 degrees 13
minutes 55 seconds West, a distance of 224.35 feet to a point, the place of BEGINNING.
BEING Lot B7, Phase 1, Pealer Land Development, which Plan is recorded in the Office of the
Recorder of deeds in and for Cumberland County, Pennsylvania, in Plan Book 46, Page 4.
UNDER AND SUBJECT, NEVERTHELESS, to certain conditions and restrictions as appear of
record in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in
Misc. Book 308, Page 358.
TITLE TO SAID PREMISES IS VESTED IN Michael W. Brown and Gillian Brown, h/w, by
Deed from Madeleine Heyns, single woman, dated 10/28/2012, recorded 10/31/2012 in
Instrument Number 201233685.
PREMISES BEING: 1021 COUNTRY CLUB ROAD,CAMP HILL,PA 17011-1049
•
•
PARCEL NO.09-18-1308-064
•
•
•
•
•
•
•
•
?3. N •v.. z4,.. -_� r..f�..brf eP*n•casxY.eEd �°-=mss- -. ..z_e»z-�4v �� -muzv,u- u.�^uaai��+ T�'rc+-ae rum -z - —. ., n._.
PHELAN HALLINAN, LLP Attorneys for Plaintiff
Jonathan Lobb, Esq., Id. No.312174
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza ,„Lt i.t t ;r, G
Philadelphia, PA 19103 ,., ,{• C,01..;(11
=
WtiLt
ELLS FARGO BANK, N.A. i t‘ti COURT OF COMMON PLEAS
Plaintiff
a
P 9 t t`'t. , ' l 6,3 CIVIL DIVISION
v. r. R:a a
E N;;,Y LVAN 1 A NO.: 13-6221-CIVIL
MICHAEL W. BROWN •
GILLIAN BROWN •
Defendant(s) • CUMBERLAND COUNTY
AFFIDAVIT PURSUANT TO RULE 3129.1
WELLS FARGO BANK,N.A.,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe
for the Writ of Execution was filed,the following information concerning the real property located at 1021 COUNTRY CLUB ROAD,
CAMP HILL,PA 17011-1049.
1. Name and address of Owner(s)or reputed Owner(s):
Name Address(if address cannot be reasonably ascertained,
please so indicate)
MICHAEL W.BROWN 1021 COUNTRY CLUB ROAD
CAMP HILL,PA 17011-1049
GILLIAN BROWN 1021 COUNTRY CLUB ROAD
CAMP HILL,PA 17011-1049
2. Name and address of Defendant(s)in the judgment:
Name Address(if address cannot be reasonably
ascertained,please so indicate)
MICHAEL W.BROWN 1021 COUNTRY CLUB ROAD
CAMP HILL,PA 17011-1049
GILLIAN BROWN 1021 COUNTRY CLUB ROAD
CAMP HILL,PA 17011-1049
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold:
Name Address(if address cannot be
reasonably ascertained,please indicate)
CUMBERLAND COUNTY ADULT 1 COURTHOUSE SQUARE
PROBATION CARLISLE,PA 17013-3387
4. Name and address of last recorded holder of every mortgage of record:
Name Address(if address cannot be
reasonably ascertained,please indicate)
None.
5. Name and address of every other person who has any record lien on the property:
Name Address(if address cannot be
reasonably ascertained,please indicate)
None.
PH#927211
•
6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the
sale.
Name Address(if address cannot be
reasonably ascertained,please indicate)
None.
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may
be affected by the sale:
Name Address(if address cannot be
reasonably ascertained,please indicate)
TENANT/OCCUPANT 1021 COUNTRY CLUB ROAD
CAMP HILL,PA 17011-1049
DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET
CUMBERLAND COUNTY CARLISLE,PA 17013
COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675
DEPARTMENT OF WELFARE HARRISBURG,PA 17105
INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704
PITTSBURGH,PA 15222
U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220
U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754
DISTRICT OF PA HARRISBURG,PA 17108-1754
FEDERAL BUILDING
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the penalties
of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities.
Date: 3(24 By:
P n Hallinan,LLP
Jonathan Lobb,Esq.,Id.No.312174
Attorney for Plaintiff
PHELAN HALLINAN,LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza,Philadelphia,PA 19103
215-563-7000
PH#927211
•
WELLS FARGO BANK, N.A. .', ', c: ,; : COURT OF COMMON PLEAS
1 at
4Ji�i i, Plaintiff : CIVIL DIVISION
DF:NS`' ° V\N1A
•
NO.: 13-6221-CIVIL
•
MICHAEL W. BROWN
GILLIAN BROWN : CUMBERLAND COUNTY
Defendant(s) :
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: MICHAEL W. BROWN
GILLIAN BROWN
1021 COUNTRY CLUB ROAD
CAMP HILL, PA 17011-1049
**THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY
ENFORCEMENT OF A LIEN AGAINST PROPERTY.**
Your house (real estate) at 1021 COUNTRY CLUB ROAD, CAMP HILL,PA 17011-1049 is scheduled
to be sold at the Sheriff's Sale on 09/03/2014 at 10:00 AM in the Cumberland County Courthouse,South
Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$312,333.68 obtained by WELLS FARGO
BANK,N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at
said sale in compliance with Pa.R.C.P. Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale, you must take immediate action:
1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and
reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment,
if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause.
You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance you will
have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the
price bid by calling 215-563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared
to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this
has happened, you may call 215-563-7000.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if
the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff
gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of
distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after
the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his
office. This schedule will state who will be receiving that money. The money will be paid out in accordance
with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff
within ten (10) days after the filing of the proposed schedule.
7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately
after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW
TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY
ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR
ASSOCIATION
CUMBERLAND COUNTY
COURTHOUSE
2 LIBERTY AVENUE
CARLISLE,PA 17013
(717) 249-3166
(800) 990-9108
SHORT DESCRIPTION
By virtue of a Writ of Execution No. 13-6221-CIVIL
WELLS FARGO BANK,N.A.
v.
MICHAEL W. BROWN
GILLIAN BROWN
owner(s) of property situate in EAST PENNSBORO TOWNSHIP, CUMBERLAND County,
Pennsylvania, being
1021 COUNTRY CLUB ROAD, CAMP HILL, PA 17011-1049
Parcel No. 09-18-1308-064
(Acreage or street address)
Improvements thereon: RESIDENTIAL DWELLING
Judgment Amount: $312,333.68
Attorneys for Plaintiff
Phelan Hallinan, LLP
LEGAL DESCRIPTION
ALL THAT CERTAIN lot or parcel of land situate in the Township of East Pennsboro,
Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the eastern right of way line of Country Club Road (Viva Drive on
the hereinafter mentioned Plan of Record) at the line between Lots B7 and B6 on the hereinafter
mentioned Plan of Lots; thence along said line, North 27 degrees 56 minutes 59 seconds West, a
distance of 100 feet to a point; thence North 53 degrees 46 minutes 50 seconds East, a distance
of 210.86 feet to a point; thence South 35 degrees 42 minutes 50 seconds East, a distance of
100.73 feet(erroneously stated as 100173 in prior deed) to a point; thence South 54 degrees 13
minutes 55 seconds West, a distance of 224.35 feet to a point, the place of BEGINNING.
BEING Lot B7, Phase 1, Pealer Land Development, which Plan is recorded in the Office of the
Recorder of deeds in and for Cumberland County, Pennsylvania, in Plan Book 46, Page 4.
UNDER AND SUBJECT, NEVERTHELESS, to certain conditions and restrictions as appear of
record in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in
Misc. Book 308, Page 358.
TITLE TO SAID PREMISES IS VESTED IN Michael W. Brown and Gillian Brown, h/w, by
Deed from Madeleine Heyns, single woman, dated 10/28/2012, recorded 10/31/2012 in
Instrument Number 201233685.
PREMISES BEING: 1021 COUNTRY CLUB ROAD,CAMP HILL,PA 17011-1049
PARCEL NO.09-18-1308-064
�1v THE COURT OF COMMON PLEAS
4;. CUMBERLAND COUNTY PA
(:.(7
o _ �`
`i DAVID D.BUELL,PROTHONOTARY
," ° One Courthouse Square • Suite100 • Carlisle, PA • 17013
\ 'y' 717 240-6195
-_ 175o www.ccpa.net
WELLS FARGO BANK,N.A.
Vs. NO 13-6221 Civil Term
CIVIL ACTION—LAW
MICHAEL W. BROWN,GILLIAN BROWN
WRIT OF EXECUTION
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell
the following described property:
(I) See legal description.
(2) (Specifically describe personal property when judgment results from a mortgage covering
both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code)
NOTE: Description of property must be attached to the writ.
Amount Due: $312,333.68 L.L.: $.50
Interest FROM 3/25/2014 TO DATE OF SALE($51.34 PER DIEM)-$8,368.42
Atty's Comm: Due Prothy: $2.25
Atty Paid: 209.70 Other Costs:
Plaintiff Paid:
Date:3/24/14 /_��
David D.Buell,Prothonotary
(Seal) By:
Deputy
REQUESTING PARTY:
Name:JONATHAN LOBB,ESQUIRE
Address: PHELAN HALLINAN,LLP
1617 JFK BLVD.,SUITE 1400
ONE PENN CENTER PLAZA
PHILADELPHIA,PA 19103
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No.312174
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff L. L ; ., ,
OfIC1r#h� jj�� ,), ,.
��. o T i- i �� � ' , L� FIT
a i
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
oF.:F CEO THE SKRIFF
2aI'JUl'` 20 Ati 9: 52
CUMBERLAND COUNTY
PENNSYLVANIA
Wells Fargo Bank, N.A.
vs.
Michael W Brown (et al.)
Case Number
2013-6221
SHERIFF'S RETURN OF SERVICE
06/10/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed",
per letter of instruction from Attorney.
SHERIFF COST: $109.91 SO ANSWERS,
June 10, 2014 RON'R ANDERSON, SHERIFF
c) C cuntvS1 to St miff. Iteleoscft, Inc.
pd.�d,
Sr) z,d.
44 f2
'°t'll 307 53