HomeMy WebLinkAbout13-6545 Supreme Court of Pennsylvania
Court,"
ourt of Common Pleas
1 ". For Prothonotary Use Only:
i. , Cover. S
" ,,
CUMBER ,AND' r, 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 o fpleadings or other papers as required by law or rules of court.
S Commencement of Action:
❑D Complaint ❑ Writ of Summons ❑ Petition
B+ ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking
C Lead Plaintiff's Name: WELLS FARGO BANK, N.A. Lead Defendant's Name: KERI K. JOHNSON
T
I Are money damages requested? ❑ Yes O No Dollar Amount Requested: ❑ within arbitration limits
Q (Check one) 0 outside arbitration limits
N Is this a Class Action Suit? ❑ Yes 9 No Is this an MDJ Appeal? ❑ Yes ❑x No
A Name of Plaintiff /Appellant's Attorney: Jonathan Lobb, Esq., Id. No.312174, 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:
U ❑ 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:
PaR. C.P. 205.5 Updated 01/01/2011
2G_ 13 NGV -6 A 14 I0 00
CUMBERLAND COUNTY
PENNSYLVANIA
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@phelanballinan.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
Luc
Plaintiff, NO.: • l(1
vs.
KERI K. JOHNSON
DARRYL E. JOHNSON
26 CUMBERLAND DRIVE
MECHANICSBURG, PA 17050 -1717
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 STATEVIEWW
062 -PA -V3
IV LL
BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff').
2. The Defendants, KERI K. JOHNSON and DARRYL E. JOHNSON, are
individuals whose last known address are 26 CUMBERLAND DRIVE, MECHANICSBURG,
PA 17050 -1717.
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 June 9, 2006, KERI K. JOHNSON and DARRYL E. JOHNSON
made, executed and delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,
INC. AS NOMINEE FOR 1ST CENTRAL MORTGAGE INC. a Mortgage in the original
principal amount of $141,300.00 on the premises described in the legal description marked
Exhibit "B ", attached hereto and made a part hereof. Said Mortgage being recorded in the Office
of the Recorder of CUMBERLAND County in Book 1955, Page 2720. 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 May 23,
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. 201317107.
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. KERI K. JOHNSON and DARRYL E. JOHNSON 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,
failure to pay the monthly installments of principal and interest due April 1, 2013.
062 -PA -V3
8. As of 10/25/2013, the amount due and owing Plaintiff on the mortgage is as
follows:
Principal $ 131,564.56
Interest $ 4,056.37
From 03/01/2013 to 10/25/2013
Late Charges $ 232.62
Escrow Advance $ 2,014.80
Property Inspections $ 0.00
Property Preservation $ 0.00
BPO /Appraisals $ 0.00
Escrow Balance $ 0.00
Corporate Advance Credit $ 0.00
Total $137,868.35
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
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 $ 137,868.35, 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: /�' �/3 Jo han Lobb, Esq., Id. No.312174
Attorney for Plaintiff
062 -PA -V3
Exhibit "A"
J
NOTE
June 9, 2006 OWINGS M= Maryland
[Date] [City] [State]
26 C[11MF.kZL M DRIVE, MamjANIcsBuRG, PA 17050
[Property Address]
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $ 141, 300.00 (this amount is c e
"Principal "), plus interest, to the order of the Lender. The Lender is 1ST CENTRAL MORTGAGE INC.
. I will make all payments under this Note in the
fornr 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 6.875 %.
The interest rate required by this Section 2 is the rate I will pay both before and after any default described in
Section 6(13) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
1 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 August, 2006
1 will make these payments every month until 1 have paid all of the principal and interest and any other charges described
below that 1 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 July 1, 2036 > 1 still owe amounts under this Note, I will pay
those amounts in full on that date, which is called the "Maturity Date."
1 will make my monthly payments at 1ST CENTRAL MORTGAGE INC., 695 HANOVER PIKE,
HAMPSTEAD, MD 21074
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. $ 928.25
4. BORROWER'S RIGHT TO PREPAY
1 have the right to make payments of Principal at any time before they are due. A payment of Principal only is
known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not
designate a payment as a Prepayment if 1 have not made all the monthly payments due under the Note.
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will
use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my
Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the
Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my
monthly payment unless the Note Holder agrees in writing to those changes.
Multistate Fixed Rate Nut"ingle Family —Famde Mae/Freddie Mae UNIFORM INS IAUMENr
—THE COMPLIANCE SOURCE. INC.— Page 1 of 3
www.compl'iencesomce.mm
M M
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 I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the
reduction will be treated as a partial Prepayment.
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 15 calendar
days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 %
of my overdue payment of principal and interest. 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, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if 1 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 1 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 1 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.
4. 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.
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given
to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument "), dated the same
Multistate Fixed Rate Note —Singlc Family— Fannie Mae/Freddie Ntac UNIFORM INSTRUMENT
—THE COMPLIANCE SOURCE, INC.— Page 2 of 3
w .convianeaowmcom 02000. TA
date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I
I in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate
p went in full of all amounts I owe under this Note. Some of those conditions are described as follows: '
If all or any part of the Property or any Interest in the Property is sold or transferred (or if
Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without
Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this
Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited
by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice
shall provide a period of not less than 30 days from the date the notice is given in accordance with Section
15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay
these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this
Security Instrument without further notice or demand on Borrower.
WITNESS THE RAND(S) AND SEAL(S) OF THE UNDERSIGNED.
(Seal) (Seal)
�1� J SON - Borrower JOH - Borrower
(Seal) (Seal)
- Borrower - Borrower
[Sign Original Only]
Multistate Fixed Rate (Vote— Single Family— Fannie Mae/Freddie Mac UNIFORM ]INSTRUMENT
—THE COMPLIANCE SOURCE, INC. -- Pa e 3 of 3
www.comptienasuurce.cum
Y
LENDER 1ST CENTRAL MORTGAGE INC.
BORROWER: DARRYL JOHNSON and KERI JOHNSON
PROPERTY: 26 CUMBERLAND DRIVE, MECHANICSBURG, PA 17050
LOAN NO./MIN:
ENDORSEMENT ALLONGE TO NOTE
This Allonge to Note is to that certain Note dated June 9, 2006 executed by
DARRYL JOHNSON and KERI JOHNSON
in the aniount of $ 141, 300.00 , in favor of 1ST CENTRAL MORTGAGE INC.
as payee. This Allonge is affixed and becomes a permanent part of said Note.
PAY TO THE ORDER OF
OHIO SAVINGS BANK
WITHOUT RECOURSE.
LENDER: 1ST CENTRAL. MORTGAGE INC.
Signature B / l o t�"
Printed Name:
Title: `e S ' �` l ► L�
Clcveland, Ohio 20 __
PAY TO THE OPOER OF
witho(st kocolmrl'e
J j'il {NGS BANK
.0 iM , B , F.S.B.
BY:
reI Ko1)13a
Authorized Agent
LOAN NUMBER:
Endorsement Mange to Note (Multistate)
Ohio Savings Bank Page 1 of i
Exhibit "B"
LEGAL DESCRIPTION
ALL THAT CERTAIN TRACT OR PARCEL OF LAND AND PREMISES, SITUATE, LYING
AND BEING IN THE TOWNSHIP OF SILVER SPRING IN THE COUNTY OF
CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTER OF TOWNSHIP ROAD #578, SAID POINT
BEING 1080.42 FEET MEASURED NORTHWARDLY ALONG THE CENTER LINE OF
SAID TOWNSHIP ROAD #578 FROM THE INTERSECTION OF THE CENTER OF SAID
TOWNSHIP ROAD #578 AND THE CENTER LINE OF UNITED STATES ROUTE #11;
THENCE BY THE CENTER OF TOWNSHIP ROAD #578, NORTH 21 DEGREES 28
MINUTES 30 SECONDS WEST, ONE HUNDRED (1000 FEET TO A POINT; THENCE BY
THE DIVIDING LINE BETWEEN LOTS NUMBER 10 AND 11, AS SHOWN ON THE
HEREINAFTER MENTIONED PLAN OF LOTS, NORTH 68 DEGREES 31 MINUTES 30
SECONDS EAST, ONE HUNDRED EIGHTY -SEVEN AND THIRTY -FOUR HUNDREDTHS
(187.34) FEET TO A POINT; THENCE BY THE EASTERN LINE OF LOT NUMBER 10,
SOUTH 23 DEGREES 10 MINUTES 45 SECONDS EAST, ONE HUNDRED AND FOUR
HUNDREDTHS (100.04) FEET TO A POINT; THENCE BY THE NORTHERLY LINE OF
CROWN HILL AVENUE, SOUTH 68 DEGREES 31 MINUTES 30 SECONDS WEST, ONE
HUNDRED NINETY AND THIRTY -TWO HUNDREDTHS (190.32) FEET TO A POINT,
THE PLACE OF BEGINNING.
BEING LOT NO. 10, SECTION A, OF MILLSIDE FARMS, WHICH PLAN IS RECORDED
IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND
COUNTY, PENNSYLVANIA IN PLAN BOOK 10, PAGE 2, AND SUBJECT TO THE
RESTRICTIONS CONTAINED IN SAID PLAN.
PROPERTY ADDRESS: 26 CUMBERLAND DRIVE, MECHANICSBURG, PA 17050-
1717
PARCEL #38 -18- 1342 -054.
File #: 933939
VERIFICATION
Linwood Williams, hereby states that &she is Vice President Loan
Documentation of WELLS FARGO BANK, N.A., plaintiff in this matter, thalh /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 @her
information and belief. The undersigned understands that this statement is made subject
to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
o �
Name: Linwood Williams
Title: Vice President Loan Documentation
Company: Wells Fargo Bank, N.A.
Date: 10/29/2013
086 -PA -V2 File# 933939
FORM 1
IN THE COURT OF COMMON PLEAS
WELLS FARGO BANK, N.A. OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s)
vs.
KERI K. JOHNSON
DARRYLE. JOHNSON
Defendants) � Civil
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential property which is the subject of this foreclosure action, you may be able to
participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender.
If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference.
First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400
extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you.
Once you have been appointed a legal representative, you must promptly meet with that legal representative within
twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all
requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal
representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a
Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the
service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an
opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your
lender before the mortgage foreclosure suit proceeds forward.
If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a
conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal
representative. However, you must provide your lawyer with all requested financial information so that a loan resolution
proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached
hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed
within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is
scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable
arguments with your lender before the mortgage foreclosure suit proceeds forward.
IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS
REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Respectfully submitted:
j &5 L13
Date nathan Lobb, Esq., Id.
No.312174
Attorney for Plaintiff
_ Cn C: ]
C� CD 'r'?
CD _ Y
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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:
CUSTOMER/PRIMARY APPLICANT
Borrower name(s): --
Property Address:
City: State: Zip:
Is the property for sale? Yes ❑ No ❑ Listing date: Price: $
Realtor Name: Realtor Phone:
Borrower Occupied? Yes ❑ No ❑
Mailing Address (if different):
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
CO-BORROWER
Mailing Address:
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
FINANCIAL INFORMATION
First Mortgage Lender:
Type of Loan:
Loan Number: Date You Closed Your Loan:
Second Mortgage Lender:
Type of Loan:
Loan Number:
Total Mortgage Payments Amount: $ Included Taxes & Insurance:
Date of Last Payment:
Primary Reason for Default:
Is the loan in Bankruptcy? Yes ❑ No ❑
If yes, provide names, location of court, case number & attorney:
Assets Amount Owed Value:
Home: $ $
Other Real Estate: $ $
Retirement Funds: $ $
Investments: $ $
Checking: $ $
Savings: $ $
Other: $ $
Automobile #1: Model: Year:
Amount owed: Value:
Automobile #2 : Model: Year:
Amount owed: Value:
Other transportation (automobiles boats motorcycles): Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
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 /re airs Other ro payment
Install. Loan Pa ent Cable TV
Child Su ort /Alim. Spending Mone
Day /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
I Proof of any expected income for the last 45 days
4. Copy of a current utility bill
5. Letter explaining reason for delinquency and any supporting documentation (hardship
letter)
6. Listing agreement (if property is currently on the market)
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice
are served by entering a written appearance personally or by attorney and filing in writing with
the Court your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so, the case may proceed without you, and a judgment may be entered against you
by the Court without further notice for any money claimed in the Complaint or for any other
claim or relief requested by the plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY ATTORNEY
REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249 -3166
(800) 990 -9108
File #: 933939
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny RAnderson
Sheriff i { i t 0 T H 0 h;G ;.
a��tit x rf
Jody S Smith - 2013 NOV 18 PM 2: 22
Chief Deputy
Richard W Stewart CUMBERLAND COUNTY
Solicitor s ... = PENNSYLVANIA
Wells Fargo Bank
vs. Case Number
Keri K. Johnson (et al.) 2013-6545
SHERIFF'S RETURN OF SERVICE
11/12/2013 05:30 PM - Deputy Ryan Burgett, 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 Keri Johnson, wife, who accepted as"Adult Person
in Charge"for Darryl Edward Johnson at 26 Cumberland Drive, Mechanicsburg, PA 17050.
RYAN BURGETT, DEPUTY
11/12/2013 05:30 PM - Deputy Ryan Burgett, 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: Keri K.
Johnson at 26 Cumberland Drive, Silver Spring Township, Mechanicsburg, PA 17050.
RYAN BURGETT, DEPUTY
SHERIFF COST: $55.30 SO ANSWERS,
November 14, 2013 RbNW R ANDERSON, SHERIFF
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Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215- 563 -7000
.<i THE PRO l l'l l ',IO IA!,
1(ll1I MAR 25 AN lO I2
CUMBERLAND COUNTY
PENNSYLVANIA
Attorney For Plaintiff
WELLS FARGO BANK, N.A.
Plaintiff
v.
KERI K. JOHNSON
DARRYL E. JOHNSON
Defendant(s)
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 13-6545-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.
E Please mark the in rem judgment Satisfied and the action Discontinued and Ended.
n Please Vacate the Judgment entered.
Date:
31--)zely
PH # 933939
PHELAN H ;- LINAN, LLP
By:
Mario . H. yon, Esq., I.. N
Attorney for Plaintif
3993
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.
KERI K. JOHNSON
DARRYL E. JOHNSON
Defendant(s)
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 13-6545-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:
KERI K. JOHNSON
DARRYL E. JOHNSON
297 KINDERKAMACK RD # 252
ORADELL, NJ 07649-1538
Date: /1'/
PHELAN HALLINAN, LLP
By:
Mario J. Hanyon, Esq., Id.
Attorney for Plai