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HomeMy WebLinkAbout14-1946 Supreme Court of Pennsylvania COUl' Comrrtan Pleas For Prothonotary Use Only: Civil Cov -ef Sheet CUMBEiti ')' County Docket No: The information collected on this form is used solely court administration purposes. This form does not supplement or replace the filimz and service of pleadings or other papers as required bylaw or rules of court. S Commencement of Action: Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: WELLS FARGO BANK, N.A. Lead Defendant's Name: BRADFORD C. FREY T I Are money damages requested? ❑ Yes 9 No Dollar Amount Requested: ❑ within arbitration limits (Check one) N outside arbitration limits N Is this a Class Action Suit? ❑ Yes Z No Is this an MDJ Appeal? ❑ Yes 0 No A Name of Plaintiff /Appellant's Attorney: Jonathan Lobb, Esa. , 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: 0 ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration B ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto • Dental ❑ Partition ❑ Replevin • Legal ❑ Quiet Title ❑ Other: • Medical ❑ Other: ❑ Other Professional: Pa-R.C.P. 205.5 Updated 01/01/2011 . t !:P;10 1 " C01it _.._f'YL l01:�1 i Y P C: t vYLVANl1A 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD CIVIL DIVISION FORT MILL, SC 29715 �? I Plaintiff, NO.: 1 � �"1 l '' \Q U• � VS. BRADFORD C. FREY 227 CROSSROAD SCHOOL RD NEWVILLE, PA 17241 -8919 Defendant. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes WELLS FARGO BANK, N.A., by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage Foreclosure as follows: S 062 -PA -V4 1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). 2. The Defendant is, BRADFORD C. FREY, with a last known address of 227 CROSSROAD SCHOOL RD, NEWVILLE, PA 17241 -8919. 3. In order to protect the borrower's privacy, certain personal information of the borrower (such as loan account, Social Security numbers and birth dates), may have been partially or completely redacted on the exhibits to this Complaint. 4. 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 copy of said Promissory Note is marked Exhibit "A ", attached hereto and made a part hereof. 5. On or about July 6, 2004, BRADFORD C. FREY made, executed and delivered to WELLS FARGO BANK, N.A. a Mortgage in the original principal amount of $83,600.00 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 on July 16, 2004, in Book 1873, Page 4625. The Mortgage is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 6. Plaintiff is the current Mortgagee. 7. BRADFORD C. FREY is record and real owner of the aforesaid mortgaged premises. 8. Defendant is in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the installments of principal and interest due July 1, 2013. 062 -PA -V4 9. As of 03/25/2014, the amount due and owing Plaintiff on the mortgage is as follows: Principal $58,834.08 Interest $2,999.65 From 06/01/2013 to 03/25/2014 Late Charges $690.85 Escrow Advance $35.85 Property Inspections $20.00 Property Preservation $0.00 BPO /Appraisals $0.00 Escrow Balance $0.00 Corporate Advance Credit $0.00 Total $62,580.43 plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania Law, actually and reasonably incurred by Plaintiff, including but not limited to, costs (including escrow advances) and Plaintiff's attorneys' fees and expenses. Plaintiff reserves the right to file a motion in the above - captioned action to add such additional sums authorized under the Mortgage and Pennsylvania Law to the above amount due and owing when incurred. 10. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and /or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s). 11. This 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 062 -PA -V4 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 $62,580.43, with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. f 3 By: Date: 7 (� Jo athan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 062 -PA -V4 Exhibit "A" NOTE JULY 06, 2004 IDaul Idyl (Batt) 227 CROSSROAD SCHOOL RD, CARLISLE, PA 17013 (Property Addmul 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ r.N :.: «83, 600.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is MMLS Pa&Co 8a>,lit, (1.A.. I will make all payments under this Note in the fort 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 order this Note is called the "Node Holder." 2. INTEREST Interest will be charged on Unpaid principal, until the full atiiount of Principal has been paid. I will pay interest at a yearly rate of 6.250, The interest rate required by this Section 2 is the rats I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I .will pay principal and interest by malting a payment every month. I will make my.monthly payment on the FIRST day of each month beginning onSEPTZHUR 01, 3004 1 will make these payrents every month until 1 have paid all of the principal and interest and arty other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due dare and will be applied, to interest before Principal. If, on 7ilJW9T 01, 2024 I still owe amounts under this Now. I will Pay those amounts in furl on that date, which is called the "Maturity Date." I will matte my matey payments atMILLS FARM E ONO HDRTGAGE, P.O. 802 10304, DES XOINEB, 2A 503060304 or at a diffeimt place if required by the Note Holder.. (B) Amount of Monthly Payments My monthly paymrnt will be in the amount of U.S -$ *611.06 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any tinne before they are due. A payment of Princ=ipal only is known as a "Prepayment." When I mab a Prepayment. I will, tell the Note Holder in writing that I am doing so. I tnay not designate a payment as a Prepayment if I have not nude all One monthly payments due under the Note. I may make a full Prepayment or partial Prepaymems 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 »ray apply my Prepaymem to the ucnrcd and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. if l make a partial Prepayment, there will be no changes in the due date or in the amour of my monthly payment unless the Niue Holder agrees in writing to those changes. MULTISTATE FOtED RATE NOTE - Single fwmny -/vmk Ma9R5ndd1• M. UWORM INSTRUMENT (Wm wood Form 3200 1101 WP IAORTGAM FORMS • (MM521.129a11 r` P,p t of* Iri"w.. S. LOAN CHARGES If a law, which applies to this loan and which sets naximnm loan charges, is finally intcrprcted so that the imcrest 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 licit; and (b) any s already collated from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to matte this refund by reducing the Principal I owe under this Note or by making a din= 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) LRte Charge for Overdue Payments If the Now Holder has not received the full amount of any monthly payment' by the end of 15 calendar days after the date it is due, l 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. l will pay this We charge promptly but only once on each late payment. (B) Default If] do not pay the amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If 1 am in default, the Note Holder may send me a written notice telling.me that if'[ 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 I= 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 1 am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will 90 have the right to do so if I am in default at a later time. (E) Payment of Nate 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. Tawse expenses include, for example, reasonable attorneys' fees. 7. GIVINC 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 try different address. Any notice that most be given to the Note Holder under this Note will be given by delivering it or by mailing it by first glass mail to the Note Holder at the address stated in Section 3(A) above or at a different address if 1 am given a notice of that different address. l;. OBLIGATIONS OF PERSONS UNDER THLS NOTE If more than one person signs ibis 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 obiijations 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 as together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS 1 and any other person who has obligations under this Note waive the tights of Presentment and Notice of Dishonor. "Presenm>ent" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. Form 3200 1tOl 49 -Sri r000sh r pr x 4 a +.. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variatiowi in some jurisdictions. In addition to the'protections given ui the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Stx:urity Instrument') dated rho ypK date as this Note, protects the Note Holder from possible losses which aright result if t do not keep the proms which I make in this Note. That Security Instrument describes bow and under whattwnditions I may be regrmrd make immmediate payment in full of all amounts I owe under this Note. Some of those conditions are do Mibed as follows: If all or any pact of-the Property or any Interest in the Property is sold.or transferred (or if Borrower is Wit i nattual 'peson and a beneficial interest in Borrower is sold or transferred) withrhut Lender's prior written consent, Lender may require immediate payment in full of all stt= secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law, If larderexercises this'mption, herder shall give .Borrower notitx of acceleration. The notice 4ult provide a period of not less than 30 days from the date the notice is given in a=rdanoc with Section IS within which Borrower must pay all sums secured by this Security Inttument. if Borrower fails to pay them sums .prior to the expiration of this period Lender may invoke m remedies permitted b this security. Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEA14S) OF THE UNDERSIGNED. 6-d , C''%`° (sear (Seal) BMWIFORD C PRYY -Borrow" (sue (seat _ Bwrowcr (seal) (seal) - - Borrower (Seal) (srai) •ter - t�r,�.a fsygii orf8inat o„ryl (M -5" boost o v . s d Form 32001/01 Exhibit "B" LEGAL DESCRIPTION ALL that certain tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point at the line of land now or formerly of John R. Frey and land formerly of grantors herein (more recently of Durnell O. Mullen, Sr., and S. Ann Mullen), said point being the northwest corner of land herein conveyed; thence North 66 degrees 57 minutes 47 seconds East along land now or formerly of Durnell O. Mullen and S. Ann Mullen a distance of 200.99 feet to a point; thence South 33 degrees 17 minutes 34 seconds East along land now or formerly of Durnell O. Mullen and S. Ann Mullen a distance of 160.78 feet to a point; thence South 64 degrees 03 minutes 29 seconds West along land now or formerly of Durnell O. Mullen and S. Ann Mullen a distance of 198.13 feet to a point at the line of land now or formerly of John R. Frey; thence North 33 degrees 43 minutes 13 seconds West along land now or formerly of John R. Frey a distance of 171.22 feet to a point, being the point and place of Beginning. CONTAINING .751 acres. The above description is in accordance with a survey entitled 'Subdivision for Donald C. Frey, r.d.l. Newville, Lot Situated West Pennsboro Twp. Cumberland County, Penna. 1' =60'1 1/6/74" by Larry Vern Neidlinger, Reg. Prof. Engineer which survey is recorded in Plan Book 34 at page 139 in the Office of the Recorder of Deeds for Cumberland County. TOGETHER with the use, in common with others, of a right -of -way more particularly set forth in the Right of Way Agreement between John R. Frey and Dorothy Frey, grantors and Donald C. File #: 944392 Frey and Violet L. Frey, grantees, which agreement is dated December 27, 1966, and recorded in Misc. Book 176 at page 463, in the Office of the Recorder of Deeds for Cumberland County. Tax Map No. 46 -07- 0479 -020. PROPERTY ADDRESS: 227 CROSSROAD SCHOOL RD, NEWVILLE, PA 17241 -8919 PARCEL #46 -07- 0479 -020. File #: 944392 VERIFICATION Jasmin McLean, hereby states that he/ . s Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff in this matter, that heI6 he/6 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 hisVe 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. '3 &L Nan Jasmin McLean Title: Vice President Loan Documentation Company: Wells Fargo Bank, N.A. Date: 03/26/2014 086 -PA -V2 File # 944392 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 #: 944392 FORM 1 IN THE COURT OF COMMON PLEAS WELLS FARGO BANK, N.A. OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. BRADFORD C. FREY Defendant(s) q . Ci 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: r sa Date " - ' J than Lobb, Esq., Id. , No.312174 ° `- Attorney for Plaintiff 'C7 Zir < 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? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles boats motorcycles Model: Year: Amount owed: Value Monthly Income Name of Employers: 1 • Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1 • monthly amount: 2 • monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 °a 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 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 (HE MAP) assistance? Yes ❑ No Fj If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION I/We, authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that Uwe am/are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1 Proof of income 2 Past 2 bank statements 3 Proof of any expected income for the last 45 days 4 Copy of a current utility bill 5 Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6 Listing agreement (if property is currently on the market) Ronny R Anderson Sheriff Jody S Smith Chief Depu Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND ����U X����� ~°""��"~", " ~^��" , "��~�~°" ~°��^�.°. , `xr7 n�,"� '~,,'' .. 28|1 APR I I ./ :3::3 7y Wells Fargo Bank, N.A. vs. Bradford C Frey Case Number 2O14'1Q4G SHERIFF'S RETURN OF SERVICE 04X04/2014 09:14 PM - Deputy Dennis Fry, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing atmecopyhoapemonepresertingthemae|vootobeStaceyLmvigne.gidhiand.whoaooeptedua'Adu|t Person in Charge" for Bradford C Frey at 227 Crossroad School Raod, West Pennoboro, NewviUe, PA 17241. DEN N?S FRY, DE TY SHERIFF COST: $41,56 SO ANSWERS, /2; April 07, 2014 '^ N7R ANDERSON, SHERIFF WELLS FARGO BANK, N.A., : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. BRADFORD C. FREY, Defendant : Civil No. 14-1946 : Mortgage Foreclosure CERTIFICATE OF SERVICE I, Bret P. Shaffer, Esquire, hereby certify that on May 6, 2014, I served a copy of the foregoing Defendant's Request for Conciliation Conference by U.S. First -Class Regular Mail, postage prepaid, upon the following: Phelan Hallinan, LLP Jonathan Lobb, Esq. 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 BARIC SCHERER LLC B et P. ' haffer, Esquire Attorney ID No. 309180 19 W. South Street Carlisle, PA 17013 (717) 249-6873 (717) 249-5755 Fax bshaffer@baricscherer.com FORM 3 WELLS FARGO BANK, N.A. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. BRADFORD C. FREY •Plaintiffs) Defendant(s) : 14-1946 CIVIL REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Admix Order dated ret. , 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1, Defendant is the owner of the real property which is the subject of this mortgage foreclosure action, , 2. Defendant livesin the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program" and has taken all of the steps required in that Notice to be eligible to participate in a court -supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. eAIT Signatur D ndant's Counsel/Appointed Legal Representative ant Signature of Defen ant Date Date Signature of .Defendant Date 7 WELLS FARGO BANK,N.A. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANI VS. CIVIL ACTION r�t FT; NO. 14-1946 CIVIL ; BRADFORD C. FREY Defendant r CASE MANAGEMENT ORDER :a AND NOW,this day of June,2014,the parties having agreed to a conciliation conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised Conciliation Conference on a9 , at v`7��D f!m, in Chambers No. 4 at the Cumberland County Courthouse, Carlisle, Pennsylvania. Pe�nns`ylvania. 2. At least twenty-one (2 1) days prior to the date of the Conciliation Conference,the defendant/borrower must serve upon the plaintiff/lender and its counsel'a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet"(Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court,the Conciliation Conference ordered may be rescheduled to a later date and/or the-date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. V 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5: All proceedings in'this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, Kev' Hess, P.J. Jonathan Lobb, Esquire Phelan Hallinan, LLP 1617 JFK Bulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 For the Plaintiff Bret Shaffer, Esquire 19 W. South Street Carlisle, PA 17013 For the Defendants :rhn FORM 3 WELLS FARGO BANK, N.A. :IN TIIE COURT OF COMMON PLEAS OF :.CUMBERLAND.COUNTY,PENNSYLVANIA Pla.intiff(s) vs. BRADFORD C. FREY Defendants) 14-1946 CIVIL REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative.Order dated f2�. �g ,2012 governing the Cumberland County Residential'Mortgage Foreclosurc Diversion Program,the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage :foreclosure a0ioii;. 2. Defendant livesin the subject real property,which is defendant's primary residence; 3. Defendant has:b'eeri served with a"Notice of Residential Mortgage.Foreclosure Diversion Ptogram'7 6n.d:has taken all of the stet s.required in that Notice to be eligible to patti.ci:paie in a court.supervised conciliation conference. p: The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Signatur D ndant's Counsel/Appointed Date Legal Representative Signature.of Deferillant Date ' Signature of Defendant Date F 4. h' WELLS FARGO BANK,N.A.; IN THE.COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. Civil No. 14-1946 BRADFORD C. FREY, Mortgage Foreclosure Defendant : CERTIFICATE OF SERVICE I, Bret P. Shaffer, Esquire, hereby certify that on May 6;2014, I served a copy of the foregoing Defendant's Request for Conciliation Conference by U.S. First-Class Regular Mail, postage prepaid, upon the following: Phelan Hallinan, LLP Jonathan Lobb, Esq. 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 BARIC SCHERER LLC B et P. chaffer, Esquire Attorney ID No. 309180 19 W. South Street Carlisle, PA 17013 (717) 249-6873 (717) 249-5755 Fax bshaffer@baricscherer.com -<> �, o 'C "o © -i _C--) 3 AC f� WELLS FARGO BANK, N.A. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANI vs. BRADFORD C. FREY, Defendant : CIVIL ACTION : NO. 14-1946 CIVIL ORDER AND NOW, this 2 g day of August, 2014, at the request of counsel for the parties, the conciliation conference set for August 29, 2014, is continued to Friday, September 26, 2014, at 3:30 p.m. in Chambers of the undersigned. BY THE COURT, Joseph Schalk, Esquire 126 Locust Street Harrisburg, PA 17101 For the Plaintiff ret Shaffer, Esquire 19 W. South Street Carlisle, PA 17013 For the Defendants :rim e.40-1 'es /l -it Ls et 0-9//if WELLS FARGO BANK, NA. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANI vs. : CIVIL ACTION BRADFORD C. FREY, Defendant AND NOW, this ab• : NO. 14-1946 CIVIL ORDER day of September, 2014, the conciliation conference set for September 26, 2014, is continued to Friday, October 24, 2014, at 3:00 p.m. in Chambers of the undersigned. Joseph Schalk, Esquire 126 Locust Street Harrisburg, PA 17101 For the Plaintiff Bret Shaffer, Esquire 19 W. South Street Carlisle, PA 17013 For the Defendants :rlm e5 ma led 4 id -41/41/ BY THE COURT, WELLS FARGO BANK,N.A. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANI vs. CIVIL ACTION NO. 14-1946 CIVIL BRADFORD C. FREY, Defendant ORDER AND NOW, this 2`�' day of October, 2014, on assurance that additional documentation relating to a social security debit card will be forthcoming within fourteen (14) days, a continued conciliation conference in this matter is set for Wednesday,November 26, 2014, at 11:30 a.m. in Chambers of the undersigned. BY THE COURT, . t4 Kevin . Hess, P.J. Jose h Schalk Esquire P � q 126 Locust Street Harrisburg, PA 17101 For the Plaintiff �-� Bret Shaffer, Esquire 19 W. South Street mom' 'mm Carlisle, PA 17013 For the Defendants ' ? Am C L? u WELLS FARGO BANK, N.A. Plaintiff vs. BRADFORD C. FREY, Defendant AND NOW, this : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANI : CIVIL ACTION : NO. 14-1946 CIVIL ORDER Z 4 ' day of November, 2014, following conciliation conference, this matter is listed for a final conciliation conference on Friday, January 16, 2015, at 2:15 p.m. in Chambers of the undersigned. A condition of this continuance is that any further documents which are required must be furnished within ten (10) days. BY THE COURT, i" Joseph Schalk, Esquire 126 Locust Street Harrisburg, PA 17101 For the Plaintiff Bret Shaffer, Esquire 19 W. South Street Carlisle, PA 17013 For the Defendants t:les t al e' iil hqi :rim Kevin Hess, P.J. WELLS FARGO BANK, N.A. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANI vs. : CIVIL ACTION : NO. 14-1946 CIVIL BRADFORD C. FREY, Defendant ORDER AND NOW, this / 2.* day of January, 2015, at the request of counsel for the parties, it appearing that the defendant has been approved for a trial modification, the conciliation scheduled for January 16, 2015, is continued generally, to be relisted at the request of either party. BY THE COURT, Kevin} Hess, P.J. Joseph Schalk, Esquire 126 Locust Street Harrisburg, PA 17101 For the Plaintiff Bret Shaffer, Esquire 19 W. South Street Carlisle, PA 17013 For the Defendants :rlm 0.0 4 - •