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HomeMy WebLinkAbout14-0617 �l. For Prothonotary Use Only: su'prem a Court of Pennsylvania Co u rtcbf Co rnrnOp Plea s LiVi C (.rVe I , I L,L • - . ' _ Docket Nu. '+CuntEiprlan = County The information collected on this for•rn is used solely for court administration purposes. This form does not su »k;,nent or replace the %rlin r and service q ?leudings or other a )er s as req uired by law or rules of court. Commencement of Action: ® Complaint ❑ Writ of Summons ❑ Petition S ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E Lead Plaintiffs Name: Wells Fargo Bank, N.A., as Trustee for Carrington Lead Defendant's Name: Christopher R. Sheaffer C Mortgage Loan Trust, Series 2006 -RFC I, Asset- Backed Pass- Through T Certificates I 1-1 within arbitration limits Arc there money damages requested? ❑Yes 0 N Dollar Amount Requested: O (check one) ❑ outside arbitration limits N -- Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes ® No A Name of Plaintiff /Appellant's Attorney: McCabe Weisberg; & Conway, P.C. ❑ Check here if you have no attorney (a Self- Represented I 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.fudgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment Ve hicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Motor � chicle ❑ Department of Transportation ❑ Nuisance p p ❑ Premises Liability (does not include ❑ Statutory Appeal: Other S mass tort) E ❑ Slander/Libel/Defamation ❑ Employment Dispute: ❑ Ot Discrimination C ❑ Employment Dispute: Other ❑ Zoning Board T ❑ Other i O ❑ Other N MASS TORT ❑ Asbestos • Tobacco • Toxic Tort - DES • Toxic Tort - Implant , , MISCELLANEOUS REAL PROP ERTY B ID Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Disput ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Denial ❑Partition ❑ Replevin ❑ Legal ❑ Quiet'I'itle ❑ Other: ❑ Medical ❑ Other: — ❑ Other Professional: - Updated 1/1/2011 t C°j?fOER i,S UNT CO !q McCABE, WEISBERG & CONWAY, P.C. Attorneys for Plaintiff BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 4 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790 -1010 Wells Fargo Bank, N.A., as Trustee for Cumberland County Carrington Mortgage Loan Trust, Series Court of Common Pleas 2006-RFC I, Asset- Backed Pass- Through � j y L 1 c l-u 1 Certificates Number "I 1 1610 E. St. Andrew Place, Ste B 1.50 " Santa Ana, CA 92705 V , Christopher R. Sheaffer 1020 North Pitt Street Carlisle, PA 17013 and - Samantha L. Myers 1020 North Pitt Street Carlisle, PA 17013 COMPLAINT IN MORTGAGE FORECLOSURE art&4 a Pile # 71540 Page i NO'T'ICE AVISO You have been sued in court. If you wish to Le han demandado a usted en la corte. Si following pages, you must take action within el- puestas en las pagmas siguientes, usted twenty (20) days after this complaint and tiene veinte (20) dias de plazo al partir de la notice are served, by entering a written fecha de la demanda y la notificacion. Hace appearance personally or by attorney and falta asentar una comparencia escrita o en filing in writing with the court your defenses persona o con un abogado y entregar a la corte or objections to the claims set forth against en forma escrita sus defensas o sus objeciones you. You are warned that if you fail to do so a las demandas en contra de su persona. Sea the case may proceed without you and a avisado que si usted no se defiende, la corte judgment may be entered against you by the tomara medidas y puede continuar la demanda court without further notice for any money en contra suya sin previo aviso o notificacion. claimed in the complaint or for any other Ademas, la corte puede decidir a favor del claim or relief requested by the plaintiff. You demandante y requiere que usted cumpla con may lose money or property or other rights todas las provisiones de esta demanda. Usted important to you. puede perder dinero o sus propiedades u otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU USTED LE DEBE TOMAR ESTE DO NOT HAVE A LAWYER, GO TO OR PAPEL A SU ABOGADO TELEPHONE THE OFFICE SET FORTH INMEDIATAMENTE. SI USTED NO TIENE BELOW. THIS OFFICE CAN PROVIDE A UN ABOGADO, VA A O TELEFONEA YOU WITH INFORMATION ABOUT LA OFICINA EXPUSO ABAIO. ESTA HIRING A LAWYER. OFICINA LO PUEDE PROPORCIONAR IF YOU CANNOT AFFORD TO CON INFORMATION ACERCA DE HIRE A LAWYER, THIS OFFICE MAY BE EMPLEAR A UN ABOGADO. ABLE TO PROVIDE YOU WITH SI USTED NO PUEDE INFORMATION ABOUT AGENCIES THAT PROPORCIONAR PARA EMPLEAR UN + MAY OFFER LEGAL SERVICES TO ABOGADO, ESTA OFICINA PUEDE SER ELIGIBLE PERSONS AT A REDUCED FEE CAPAZ DE PROPORCIONARLO CON OR NO FEE. INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS Cumberland County Bar Association SERVICIOS LEGALES A PERSONAS 32 South Bedford Street ELEGIBLES EN UN HONORARIO Carlisle, PA 17013 REDUCIDO NI NINTGUN HONORARIO. (800) 990 -9108 " Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990 -9108 V File # 71540 Page 2 This is a communication from a debt collector who is attempting to collect a debt, and any information obtained. will be used for that purpose. Please Note: (1) unless, within thirty (30) days after your receipt of this notice, you dispute the validity of the debt, or any portion of the debt, we will assume that the debt is valid; (1) if you notify us in writing within thirty (30) days of your receipt of this notice that the debt, or a portion of the debt, is disputed, we will cease collection of the debt until we obtain verification of the debt or a copy of the judgment against you and mail to you a copy of the verification or judgment that we obtain; (3) upon your written request to us within thirty (30) days of your receipt of this notice for the name and address of the original creditor of your debt, we will cease collection of the debt until we mail to you the name and address of the original creditor, if different from the current creditor. Case Name: Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series ` 2006 -RFC1, Asset- Backed Pass- Through Certificates v. Christopher R. Sheaffer and Samantha L. Myers Cumberland County File 4 71540 Page 3 COMPLAINT LN 1VMOR'rGAGE FORE CLOSURE 1. Plaintiff is Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2006 -RFC1, Asset- Backed Pass- Through Certificates, duly organized and doing business at the above - captioned address. 2. The Defendant is Christopher R. Sheaffer, who is a mortgagor and real owner of the mortgaged property hereinafter described, whose last -known address is 1020 North Pitt Street, Carlisle, PA µ 17013. 3. The Defendant is Samantha L. Myers, who is a mortgagor and real owner of the mortgaged property hereinafter described, whose last -known address is 1020 North Pitt Street, Carlisle, PA 17013. 4. On January 5, 2006, Christopher R. Sheaffer and Samantha L. Myers, mortgagors, made, " executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc., as Nominee for EquiFirst Corporation, which mortgage is recorded in the Office ofthe Recorder of Cumberland County in Mortgage Book 1936, Page 4440 (the "Mortgage "), such Mortgage being incorporated herein by reference pursuant to Rule 1019(g) Pa. R. C. P. 5. On September 12, 2013, the Mortgage was assigned by Mortgage Electronic Registration Systems, Inc., solely as Nominee for EquiFirst Corporation, its successors and assigns, to Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2006 -RFC1, Asset- Backed Pass- Through Certificates, by Assignment of Mortgage, recorded in the Office of the Recorder of Cumberland County as Instrument Number 201.330695, such Assignment of Mortgage being incorporated herein by reference pursuant to Rule 1019(g) Pa. R. C. P. 6. The premises subject to said mortgage is described in the legal description attached as Exhibit "A" and is known as 1020 North Pitt Street, Carlisle, Pennsylvania 17013. File 0 71540 Page 4 7. The mortgage is in default because monthly payments of principal and interest upon said mortgage due August 1, 2012 and each month thereafter are due and unpaid and by the terms of said mortgage, upon default in such payments fora period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 8. The following amounts are due on the mortgage: Principal Balance $ 110,986.39 Interest through December 20, 2013 $ 8,354.09 (Interest due and owing at a variable rate, currently $15.58 per diem) Attorney's Fee $ 1,650.00 Escrow Advance $ 5,850.98 Suspense Credit $ (288,86) NSF Charge $ 20.00 BPO $ 90.00 GRAND TOTAL $ 126,662.60 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's sale. If the mortgage is reinstated prior to sale, reasonable and actually incurred attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 9. Plaintiff complied with all notice requirements as prescribed by 41 P.S. §101, et seq. (Act « 6), and 35 P.S. 1680.401c, et seq. (Act 91), as applicable. WHEREFORE, Plaintiff demands in rem Judgment against the Defendants in the sum of $126,662.60, together with interest due and owing at a variable rate, currently $15.58 per diem, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. MCCABE, WEISBERG & CONWAY, P.C. BY:( - [ ] Terrence J. McCabe, Esquire [ a,Ivlarc S. Weisberg, Esquire [ ] Edward D. Conway, Esquire [ ] Margaret Gairo, Esquire [ ] Andrew L. Markowitz, Esquire [ ] Heidi R. Spivak, Esquire [ ] Marisa J. Cohen, Esquire [ ] Christine L. Graham, Esquire [ ] Brian T. LaMantia, Esquire [ ] Ann E. Swartz, Esquire [ ] Joseph F. Riga, Esquire [ ] Joseph 1. Foley, Esquire [ ] Celine P. DerKrikorian, Esquire [ ] Jennifer L. Wunder, Esquire [ ] Lena Kravets, Esquire Attorneys for Plaintiff File # 71540 Page 5 w VIIR.IFICATICl1'd The undersigned, Chris Lechtanska ^. does hereby certify that he /she is of Defau o f Carrington Mortgage Services, LLC and that Carrington Mortgage Services, LLC has been duly nominated and appointed by Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2006 -RFCI, Asset- Backed Pass- Through Certificates, plaintiff herein, as its mortgage servicing agent in regard to the mortgage loan which is the subject of this action (the "Mortgage "). Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series w 2006 -RFCI, Asset- Backed Pass- Through Certificates lacks sufficient information to make this verification because Plaintiff is not the entity that maintains the business records for the Mortgage. Carrington Mortgage Services, LLC, in its capacity as mortgage servicing agent for Wells Fargo Bank, N.A., as Tnlstee for Carrington. Mortgage Loan Trust, Series 2006 -RFCI, Asset- Backed Pass- Through Certificates, maintains the business records for the Mortgage, and therefore does have sufficient infonna.tion to make this verification in accordance with Pa.R.C.P. 1024(c)(1). I am authorized to make this Verification on Plaintiff s behalf and do hereby verify that the facts as set forth in the foregoing Complaint are true and correct to the best of my information and belief. I have access to and have reviewed the business records of Carrington Mortgage Services, LLC for and relating to the Mortgage, and I make this Verification based on my review of those records, which are maintained by Carrington Mortgage Services, LLC in the course of its regularly conducted business activities and are made at or near the time of the event, by or from information transmitted by a person with knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4304 relating to unsworn falsification to authorities. Dated: By: m -- — Name: Chris Lechfa�ski,AVP of Default Title: for Carrington Mortgage Services, LLC, Agomey in Fact Name: Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan "Trust, Series 2006 -RFCI, Asset- Backed Pass- Through Certificates v. Christopher R. Sheaffer and Samantha L. Myers Loan Number ending with: 3427 File # 71540 Page 6 A CO N I DENTIAL LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ' BEGINNING at a point on the wedterh ,side :of: North Pitt, street, said point being 112 feet, in a northerly directiob' aib4g , the' westerc� side of North Pitt _! now or formerly Street from the northern side of "f'" Street; thence by land of George T,. Nelson' poi t; hence,byoland now foormerly deg - J. Duff Wes < t 120 ;feet 'to a ', ali Ruth.Kruger r; hi.s wife, Nor th 5 degrees 58 minutes East 48 feet t F a point; ;t3�ence by Geo 'the same, South 84 degrees 2 minutes Bast 120 feet to a 1 point on i;the` western 'side of. North Pitt Street _ thence by the western side of North Pitt St ,, 'Sout'h 5 < degrees 58 mi1jutes, West 48 feet to the Place of BEGINNING. ' k, his BEING the same premises which Bra 002 and re oe 3, 2002 c in the wife, by their Deed dated May in Deed Book Deeds in office of the Recant d and conveyed Do glas E a pfabl� ngle man. 251, Page 4900, g j, I C •S. Ste'` I , � f t i s t I A Y ; d i i 4 FORM 1 Wells Fargo Bank, N.A., as Trustee for Carrington IN THE COURT OF COMMON PLEAS OF Mortgage Loan Trust, Series 2006-RFC I, Asset- CUMBERLAND COUNTY, :PENNSYLVOI -A Backed Pass- Through Certificates "C co r=- :Plaintiff ��.. w vs. Civil d� Christopher R. Sheaffer and. Samantha L. Myers C -- Cis Defendants r� r a ;;o 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 file 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 with the Court within sixty (60) days o u �t 11 have i ce an upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, y 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 WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date [Signature of Counsel for Plain ff] 71540 Page 1 • 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 Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: State: Zip: City: Price $ Is the property for sale? Yes ❑ No ❑ Listing date: Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): State: Zip: City: Office: Phone Numbers: Home: Cell: Other: Email: # of people on household: How long? W IFE= Mailing Address (if different): State: Zip: City: Office: Phone Numbers: Home: Cell: Other: Email: # of people on household: How long? First Mortgage Lender: Type of Loan: Date You Closed Your Loan: Loan Number: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payment 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: O ther transportation (automobiles boats moto rcycles)' Model Year: Amount owed: Value: Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. monthly amount: 2, monthly amount: Co- Borrower Pay Days: Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 °d Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Da /Child Care/Tuit. Other Expense!: Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes O No 0 If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax. 2 • a Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes O No O 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 deliquency? Yes O No O If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: 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 Uwe am/are under no obiligation to use the 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: Proof of income Past 2 bank statements Proof of any expected income for the last 45 days Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement (if property is currently on the market) 3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson if;'µ' R T ": * 1 LED - 6 p'� ,yea fj� � Sheriff crt ti:��Qtak�r;��;� *�� C• Jody S Smith F 2 Chief Deputy �4 `.3 Richard W Stewart " C� Rya [; Solicitor SYLVANIA Wells Fargo Bank Case Number vs. 2014 -617 Christopher R Sheaffer (et al.) SHERIFF'S RETURN OF SERVICE 02/18/2014 08:32 PM - Deputy Shawn Harrison, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage reclosure by handing a true copy to a person representing themselves to be Christopher Sheaffer, hu a d, who accepted as "Adult Person in Charge" for Samantha L Myers at 1020 North Pitt Stre , Carli e B rough, Carlisle, PA 17013. SH WN HA SON, DEPUTY 02/18/2014 08:32 PM - Deputy Shawn Harrison, being duly sworn according to law, served a equested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortg e F reclosure by "personally" handing a true copy to a person representing themselves t e e De ndant, to wit. Christopher R Sheaffer at 1020 North Pitt Street, Carlisle Borough, Car s , A 170 3. 1 S HARRISON, DEPUTY SHERIFF COST: $50.78 SO ANSWERS, February 19, 2014 RbNW R ANDERSON, SHERIFF (el Cou ^ty5uito Sheri,,, Tekosoft, iro. WELLS FARGO BANK, NA, as Trustee for IN THE COURT OF COMMON PLEAS OF Carrington Mortgage Loan Trust, Series CUMBERLAND COUNTY, PENNSYLVANIA 2006 -RFC1, Asset - Backed Pass - Through Certificates, Plaintiff v. CIVIL ACTION No. 14 -617 CHRISTOPHER R. SHEAFFER and Mortgage Foreclosures SAMANTHA L. MYERS, r G N Defendants REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendants are the owners of the real property subject of this mortgage foreclosure action; 2. Defendants live in the subject property, which is Defendants' primary residence; and 3. Defendants have been served with a Notice of Residential Mortgage Foreclosure Diversion Program and have taken all of the steps required in that Notice to be eligible to participate in a court- supervised conciliation conference. The undersigned verify that the statements made herein are true and correct, pursuant to the penalties of 18 Pa. §4904 relating to unsworn falsification to authorities. Respectfully submitted, LAW OFFICES OF ROBERT L LLC Date: //V Robert M. Walker Attorney I.D. No. 86340 3810 Market Street, Suite B Camp Hill, PA 17011 717) 761 -1200 Attorney for Defendants [Signatures of Defendants appear on following page] Tl� u-c� al e.YS i g Hzd. v-e r f y f ka�- ike w a.o(.v kt ru4m, o r& f ru-e. a4ol, wrre -r* p-u-rs- aa� fo fPLe, of 18 Pa. §4904 retv " fo- u.wywo rw f aLyt, f fo_ a,wf l� o rvft,ey R, LAW OFFICES OF ROBERT M. WALKER, LLO Dam Rab l M. Wai r Afto-rwe ,q I.D. No: 86-340 3 810 Mark ey!- Street; Si i� e, 6 Ca� H i,l,(,, PA 17011 717) 761 -1200 Aftai-"- y for D e f - o- ol� Date: & Gl�- �- UvfaYyl� R. Sl�e�fP -�' Dade Sa.v�� L. M y ery CERTIFICATE OF SERVICE 1, Ro v,- - M. W o- c , kt ra q czrfi f y fk4 - o-w 2014, a., true, a*LvG correc* cony of fkt f&rego-ung ol.o-c.v -wzA - wta. s. rveo� fltii y day "po' fpLP, faU,&� ly U.S. Fi ry C v-w M ai,, pv-pt e- p -rq; -c ', aAol re�yeol, fo-: CERTIFICATE OF SERVICE I, Robert M. Walker, hereby certify that on IMP / of the , 2014, a true and correct copy foregoing document was served this day upon the following by U.S. First Class Mail, postage prepaid, addressed to: Marc S. Weisberg, Esq. McCabe, Weisberg & Conway, P.C. 123 South Broad Street, Suite 1400 Philadelphia, PA 19109 Attorney for Plaintiff Robert M. W (er Attorney I.D. No. 86340 3810 Market Street, Suite B Camp Hill, PA 17011 717) 761 -1200 Attorney for Defendants WELLS FARGO, N.A. as Trustee : for Carrington Mortgage Loan Trust, : Series 2006-RFC1, Asset-Backed Pass-Through Certificates, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION CHRISTOPHER R. SHEAFFER and: SAMANTHA L. MYERS, Defendants AND NOW, this g NO. 14-0617 CIVIL CASE MANAGEMENT ORDER c, c: -t) rn co m 7/ 1-- < C;) c-) day of April, 2014, the parties having agreed to a =IP Coa CJ1 conciliation conference, it is hereby ORDERED AND DECREED that: The parties and their counsel are directed to participate in a court-supervised Conciliation Conference on ©? , at 3:00 m. in Chambers No. 4 at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one (21) 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. 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 orrepayment 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. Marc S. Weisberg, Esquire McCabe, Weisberg & Conway, P.C. 123 South Broad Street, Suite 1400 Philadelphia, PA 19109 For the Plaintiff Robert M. Walker, Esquire 3810 Market Street, Suite B Camp Hill, PA 17011 For the Defendants :rim BY THE COURT, Kevi A. Hess, P.J. WELLS FARGO, N.A. as Trustee : IN THE COURT OF COMMON PLEAS OF for Carrington Mortgage Loan Trust, : CUMBERLAND COUNTY, PENNSYLVANIA Series 2006-RFC1, Asset -Backed . Pass -Through Certificates, Plaintiff vs. : CIVIL ACTION : NO. 14-0617 CIVIL CHRISTOPHER R. SHEAFFER and: SAMANTHA L. MYERS, Defendants AND NOW, this IN RE: CONCILIATION CONFERENCE ORDER { day of June, 2014, at the request of counsel for the parties, the conciliation conference set for June 6, 2014, is continued to Friday, August 15, 2014, -at 2:30 p.m. in Chambers of the undersigned. BY THE COURT, 4 Kevin • Hess, P.J. Nathan C. Wolf, Esquire ,-, 10 West High Street --a Carlisle, PA 17013 rna - z_ - For the Plaintiff =rn "" �© -0 c`". G?. ✓ Robert M. Walker, Esquire 3810 Market Street, Suite B Camp Hill, PA 17011 For the Defendants Cop1 E.S / 'C..a.L 1£CL, WELLS FARGO, N.A. as Trustee : IN THE COURT OF COMMON PLEAS OF for Carrington Mortgage Loan Trust, : CUMBERLAND COUNTY, PENNSYLVANIA Series 2006-RFC1, Asset -Backed : Pass -Through Certificates, Plaintiff vs. : CIVIL ACTION NO. 14-0617 CIVIL CHRISTOPHER R. SHEAFFER and: SAMANTHA L. MYERS, Defendants IN RE: CONCILIATION CONFERENCE ORDER AND NOW, this "s' day of August, 2014, at the request of counsel for the parties, the conciliation conference set for August 15, 2014, is continued to Friday, October 17, 2014, at 1:30 p.m. in Chambers of the undersigned. Xathan C. Wolf, Esquire 10 West High Street Carlisle, PA 17013 For the Plaintiff Xobert M. Walker, Esquire 3810 Market Street, Suite B Camp Hill, PA 17011 For the Defendants Qo I'es fiat LC_ i/fy BY THE COURT, t+� c n c7 WELLS FARGO, N.A. as Trustee : IN THE COURT OF COMMON PLEAS OF for Carrington Mortgage Loan Trust, : CUMBERLAND COUNTY, PENNSYLVANIA Series 2006-RFC1, Asset -Backed Pass -Through Certificates, Plaintiff vs. : CIVIL ACTION : NO. 14-0617 CIVIL CHRISTOPHER R. SHEAFFER and: SAMANTHA L. MYERS, Defendants IN RE: CONCILIATION CONFERENCE ORDER AND NOW, this 2_� day of October, 2014, on agreement of the parties, the conciliation conference is continued to Friday, December 5, 2014, at 2:30 p.m. in Chambers of the undersigned. 6,Cthan C. Wolf, Esquire 10 West High Street Carlisle, PA 17013 For the Plaintiff g/tbert M. Walker, Esquire 3810 Market Street, Suite B Camp Hill, PA 17011 For the Defendants CoFies /72-cix 151 BY THE COURT, WELLS FARGO, N.A. as Trustee : IN THE COURT OF COMMON PLEAS OF for Carrington Mortgage Loan Trust, : CUMBERLAND COUNTY, PENNSYLVANIA Series 2006-RFC1, Asset -Backed : Pass -Through Certificates, Plaintiff vs. : CIVIL ACTION NO. 14-0617 CIVIL CHRISTOPHER R. SHEAFFER and: SAMANTHA L. MYERS, Defendants IN RE: CONCILIATION CONFERENCE ORDER AND NOW, this S day of December, 2014, following conciliation conference, this matter is continued with the understanding that a new packet will be submitted to the lender prior to the close of business on Friday, January 9, 2015. Further conciliation conference is set for Thursday, February 19, 2015, at 11:00 a.m. in Chambers of the undersigned. BY THE COURT, Nathan C. Wolf, Esquire 10 West High Street Carlisle, PA 17013 For the Plaintiff ,• Robert M. Walker, Esquire 3 810 Market Street, Suite B Camp Hill, PA 17011 For the Defendants, 1 /y CEY)