HomeMy WebLinkAbout14-5708 ....... . . _......... _ __
Supreme Court of Pennsylvania
Cou �UA_,Oom' n Pleas
For Prothonotary Use Onlr:
*i�'ll'Coc' teet
t . _
CU `B 'A "' COUrit3' Docket No:
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The itrfornration collected On this forrrr is used soleh:jar•court odnunistralion purposes_ This form does not
supplement or replace the,f ling and service ofpleadings or olher papers as required lw laiv or rales ofcourt,
Commencement of Action:
S ®Complaint ❑Writ of Summons ❑Petition
E ❑Transfer from Another Jurisdiction ❑Declaration of Taking
TLead Plaintiff's Name: Lead Defendant's Name:
WELLS FARGO BANK,N.A. Rebecca A.ONeill
j I Are money damages requested? ❑Yes ®No Dollar Amount Requested: ❑within arbitration limits
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:Robert W.Williams,Esquire
❑Check Isere if you have no attorney(are a Self-Represented [Po Se] Litigant)
L_
r 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
F1 Buyer Plaintiff Administrative Agencies
❑ Malicious Prosecution
❑ Motor Vehicle El Debt Collection:Credit Card ❑ Board of Assessment
El Nuisance ❑ Debi Collection:Other ❑ Board of Elections
❑ Premises Liability ❑ Dept,of Transportation
❑ Product Liability(does not include ❑ Statutory Appeal:Other
mass tort) ❑ Employment Dispute:
E S ❑ Slander/Libel/Defamation Discrimination
❑ Other:
E ❑ Employment Dispute:Other ❑ Zoning Board
C ❑ Other:
T MASS TORT
I F1 Asbestos
Other:
0 ❑ Tobacco
N ❑ Toxic Tort—DES
❑ Toxic Tort—Implant REAL PROPERTY MISCELLANEOUS
CB ❑ Toxic Waste ❑ Ejectment ❑ Common Law/statutory Arbitration
❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment
❑ Ground Rent ❑ Mandamus
I ❑ Landlord/Tenant Dispute ❑ Non-Domestic Relations
PROFESSIONALLIABILITY ® Mortgage Foreclosure:Residential Restraining Order
I
El Dental ❑ Mortgage Foreclosure:Commercial ❑ Quo Watranto
❑
Legal El[]
❑ Replevin
? ❑ Quiet Title ❑ Other:
❑ Medical ❑ Other:
❑ Other Professional:
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062-PA-V5
OF j H� p�f�0 OF r-1��
MILSTEAD &ASSOCIATES, LLC ti� U 0f, ,f,
BY: Robert W. Williams, Esquire ��'4 Si
ID No. 315501
I E. tow Road
Marlton,NJ 0 053 FEt" L'r COUNT''
(856)482-1400 Attorney for Plaintiff
File: 85.35951
WELLS FARGO BANK, N.A. IN THE COURT OF COMMON PLEAS
3476 Stateview Boulevard OF CUMBERLAND COUNTY,
Fort Mill, SC 29715, PENNSYLVANIA
Plaintiff, CIVIL DIVISION
Vs.
No.. Ll
Rebecca A. O'Neill
123 7th Street
New Cumberland, PA 17070,
Defendant
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� 11S . 7S
062-PA-V5 � ��,lJl7�
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, TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT
WHERE YOU CAN GET LEGAL HELP.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
717-249-3166
800-990-9108
062-PA-VS
NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT
1. This communication is from a debt collector. This is an attempt to collect a
debt and any information obtained will be used for that purpose.
2. Unless you dispute the validity of this debt, or any portion thereof, within
30 days after receipt of this notice, the debt will be assumed to be valid by our
offices.
3. If you notify our offices in writing within 30 days of receipt of this notice
that the debt, or any portion thereof, is disputed, our offices will provide you with
verification of the debt or copy of the Judgment against you, and a copy of such
verification or judgment will be mailed to you by our offices.
062-PA-VS
MILSTEAD &ASSOCIATES, LLC
BY: Robert W. Williams, Esquire
ID No. 315501
1 E. Stow Road
Marlton,NJ 08053
(856) 482-1400 Attorney for Plaintiff
WELLS FARGO BANK,N.A. IN THE COURT OF COMMON PLEAS
3476 Stateview Boulevard i OF CUMBERLAND COUNTY,
Fort Mill, SC 29715, PENNSYLVANIA
Plaintiff, CIVIL DIVISION
Vs.
No..
Rebecca A. O'Neill
123 7th Street '
New Cumberland, PA 17070,
Defendant
CIVIL ACTION- COMPLAINT IN MORTGAGE FORECLOSURE
And now comes, WELLS FARGO BANK, N.A., by its attorneys, Milstead and
Associates, LLC and files this Complaint in Mortgage Foreclosure as follows:
1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 Stateview Boulevard, Fort Mill, SC
29715 (hereinafter"plaintiff').
2. The Defendant(s) is/are, Rebecca A. O'Neill with a last known address of 123 7th Street,
New Cumberland, PA 17070.
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
062-PA-V5
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 June 8, 2010, Rebecca A. O'Neill made, executed and delivered to WELLS
FARGO BANK, N.A., a Mortgage in the original principal amount of$128,272.00 on the
premises described in the legal description marked Exhibit `B", attached hereto and made a part
hereof. Said Mortgage being recorded in the Cumberland County Department of Records on
June 15, 2010 under Instrument 201015707. 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. The aforesaid Note and/or Mortgage was modified pursuant to Loan Modification
Agreement dated August 9, 2013. A copy of said Loan Modification Agreements is marked
Exhibit"C", attached hereto and made a part hereof.
8. Rebecca A. O'Neill is the record and real owner(s) of the aforesaid mortgaged premises.
9. Defendant(s) is in default under the terms of the aforesaid Mortgage for, inter alia, failure
to pay the installments of principal and interest due March 1, 2014.
062-PA-VS
10. As of 09/23/2014, the amount due and owing Plaintiff on the Mortgage is as follows:
Principal $134,685.69
Interest $2,817.23
From 02/01/2014 to 09/23/2014
Late Charges $110.58
Escrow Advance $1,759.80
Property Inspections $0.00
Property Preservation $0.00
BPO/Appraisals $0.00
Escrow Balance $0.00
Corporate Advance Credit $0.00
Total $139,373.30
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.
11. 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).
12. This action does not come under Act 91 of 1983 because the mortgage is FHA insured.
13. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not
seeking a judgment of personal liability against the Defendant(s),but reserves its right to do so in
062-PA-VS
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$139,373.30, with interest thereon plus additional costs (including additional
escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the
mortgaged premises.
(' MI EAD &ASSOCIATES, LLC
Date:
Robert W. Williams, Esquire
Attorney for Plaintiff
062-PA-V5
VERIFICATION
Jasmin McLean, hereby states that he/igis Vice President Loan Documentation
of WELLS FARGO BANK, N.A.,plaintiff in this matter, that he/(qs 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 histYinformation and belief.
The undersigned understands that this statement is made subject to the penalties of 18 Pa.
C.S. Sec. 4904 relating to unsworn falsification to authorities.
Name: Jasmin McLean
Title: Vice President Loan Documentation
Company: Wells Fargo Bank, N.A.
Date: 09/24/2014
086-PA-V2 File#85.35951
xhibit A
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Multistate '
NOTE RIA Casc No.
JUNE 8, 2010
[Date]
123 7TH STREET, NEW CUMBERLAND, PA 17070
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1Property Addrcssl
1. PARTIES
"Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means
WELLS FARGO BANK, N.A.
and its successors and assigns.
2. BORROWER'S PROMISE TO PAY; INTEREST
In return for a loan received from Lender, Borrower promises to pay the principal sum ofONE HUNDRED
TWENTY-EIGHT THOUSAND TWO HUNDRED SEVENTY-TWO AND N01100
Dollars(U_S. S ***128,272.00 ),plus interest,to the order of Lender. Interest will be charged on unpaid principal,
from the date of disbursement of the loan proceeds by Lender,at the rate ofFIVE AND ONE-QUARTER
percent ( 5.250 %)per year until the full amount of principal has been paid.
3. PROMISE TO PAY SECURED
Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date
as this Note and called the"Security Instrument." The Security Instrument protects the Lender from losses which might result if
Borrower defaults under this Note.
4. MANNER OF PAYMENT
(A) Time
Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on
AUGUST , 2010 . Any principal and interest remaining on the first day of JULY
2040 ,will be due on that date,which is called the "Maturity Date."
(B) Place
Payment shall be made at WELLS FARGO BANK, N.A.
P.O. BOX 11701, NEWARK, NJ 07101-4701 or at such place as Lender may designate in writing
by notice to Borrower.
(C) Amount
Each monthly payment of principal and interest will be in the amount of U_S. S*******708.33 This amount
will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and
other items in the order described in the Security Instrument.
(D) Allonge to this Note for payment adjustments
If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of
The allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of
this Note. [Check applicable box)
❑Graduated Payment Allonge ❑Growing Equity Allonge ❑Other[specifyj
5.BORROWER'S RIGIiT TO PREPAY
Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first
day of any month. Lender shall accept prepayment on other days provided that borrower pays interest on the amount prepaid for
the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a
partial prepayment, there will he no changes in the due date or in the amount of the monthly payment unless Lender agrees in
writing to those changes.
-1R (ssoz) F71A Multistate Fixed Rai
e Tot -J(rt1//'9511
Pape i or 2 VMP MORTGAGE FORMS-(800)521-72 is `/
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ti.BORROWER'S FAILURE TO PAY
I (A) Late Charge for Overdue Payments
If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph
t 4(C)of this Note, by the end of fifteen calendardays after the payment is due, Lender may collect a late charge in the amount of
FOUR Percent ( 4.000 /
)of the overdue amount of each payment.
(B) Default
If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations
of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and
all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent
1 default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in
full in the case of payment defaults. This Note does not authorize acceleration when not permitted by I•IUD regulations. As used
in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee.
i (C) Payment of Costs and Expenses
If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and
expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable
law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note.
7.WAIVERS
Borrower 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 Lender to demand payment of amounts due. "Notice of dishonor" means the
right to require Lender to give notice to other persons that amounts due have not been paid.
S.GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given
by delivering it or by mailing it by first class mail to Borrower at the properly address above or at a different address if
Borrower has given Lender a notice of Borrower's different address.
Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in
Paragraph 4(B)or at a different address if Borrower is given a notice of that different address.
9.OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in
this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is
also obligated to do these things. Any person who lakes over these obligations, including the obligations of a guarantor, surety
or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this
Note against each person individually or against all signatories together. Any one person signing this Note may be required to
pay all of the amounts owed under this Note_
BY SIGNING BELOW, Borrower accepts and agrees to t c term and covenants con fined in thi ote.
(Seal) (Seal)
-Borrowcr t1EJ3kCCA A. O NEILL -Borrowcr
(Seal) (Seal)
-Borrowcr -Borrowcr
(Seal) (Seal)
-Borrowcr -Borrowcr
(Seal) (Seal)
-Borrowcr -Borrowcr
��-1R(96o1) Pape 2 of 2
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WITHOUT RECOURSE
PAY TO THE ORDER O
A OB
.A.
N W.PORM SE
VIDE PRESIDENT
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Exhibit B
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ALL THOSE TWO CERTAIN lots!of land situate in the Borough of New Cumberland,County of Cumberland,
Pennsylvania, bounded and described as follows,to wit
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TRACT NO. 1 j
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BEGINNING at a point on the Sey�enth Street,which point is forty(40)feet distant from the comer of Seventh
Street and a public alley;thence ih an eastwardly direction and along the line of said Seventh Street forty(40)
fete to a point,the dividing line between Lots Nos. 228 and 229;thence north along said dividing line between
Lots Nos.228 and 229 and on a If ne at right angles with Seventh Street one hundred five(105)feet to a ten(10)
feet wide alley;thence west along the line of said alley forty(40)feet to a point on the dividing line between Lots
Nos. 22 and 228;thence south along said dividing line one hundred(105)feet to Seventh Street,the place of
BEGINNING.
BEING Lot No.228 on the Plan of Elkwood, said Plan being recorded in the Cumberland County Recorder's
Office in deed Book"M",Vol.5, Page 498.
TRACT NO. 2
BEGINNING at a point on the northem line of Seventh Street at the eastern line of a ten(10)foot alley, being the
first alley east of Market Street;thence in a northerly direction along the eastern line of said alley one hundred
five(105)feet to a point on the southern line of a seconds alley; thence on an easterly direction along said last
mentioned alley forty(40)feet to is lot No. 228 on the Plan of Lots hereinafter mentioned; thence in a southerly
direction along the western line of said Lot No.228 one hundred five(105)feet to Seventh Street;thence in a
westerly direction along the northern line of Seventh Street forty(40)feet to the point or place of BEGINNING.
BEING Lot No-227 on the plan of Lots of Elkwood aforementioned.
HAVING thereon erected a dwelling commonly known as 123 Seventh Street, New Cumberland, PA.
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Exhibit C
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Inst. # 201334719 - Page 1 of 9
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CERTIFIED PROPERTY IDENTIFICATION NUMBERS
,
26-24-0811-423 - NEW CUMBERLAND2
i CCGIS REGISTRY 10/24/2013 BY DC
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This Document Prepared B�y:
BROOKE MOODY
WELLS FARGO BANK,NA-
3476 STATEVIEW BLVD,MAC#X7801-03K
FORT MILL,SC 29715 '
When recorded mail t1: #
First American Title 4II11II�IB®Ir111EA11�
Loss Mitigation Title Services 1079.12
P.O. Box 27670
Santa Ana, CA 92799
RE:O NEILL-PR DOGS
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Tax/Parcel No.26-24-0811-423
j [Space Above This Line for Recording Data]
Original Principal Amount:$128,272.00 FHA/VA Loan No.:
Unpaid Principal Amount:$124,557.14 Loan No: (scan barcode)
New Principal Amounti$135,890.20
New Money(Cap):$1133;3.06
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LOAN MODIFICATION AGREEMENT (MORTGAGE)
(Providing for Fixed Rate)
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This Loan Modification Agreement("Agreement"),made this 9TH day of AUGUST,2013,between
REBECCA A. O'NEILLI("Borrower"), whose address is 123 7TH STREET, NEW CUMBERLAND,
PENNSYLVANIA 17070; and WELLS FARGO BANK, N.A. ("Lendeej, whose address is 3476
STATEVIEW BLVD, MAC# X7801-03K, FORT MILL, SC 29715 amends and supplements (1) the
Mortgage,Deed of Trust o Security Deed(the"Security Instrument"),dated JUNE 8,2010 and recorded on
JUNE 15,2010 in INSTRUMENT NO. 201015707,CUMBERLAND COUNTY,PENNSYLVANIA, and
(2)the Note, in the on n ' principal amount of U.S.$128,272.00,bearing the same date as, and secured by,
ttm
the Security Instrent,iwhich covers the real and personal property described in the Security Instrument and
defined therein as the"Pferty,"located at
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Wells Fareo C--=HUD Loan ModificationAgreement
rrrstAmerican Mortgage Services Page 1
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Inst. # 201334719 - Page 2 of 9
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123 7TH STREET,NEW CUMBERLAND,PENNSYLVANIA 17070
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the real property descri�ed is located in CUMBERLAND COUNTY,PENNSYLVANIA and being set forth
as follows: i
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SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF:
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In consideration of the mutual promises and agreements exchanged, the parties hereto agree as follows
(notwithstanding anythi Ing to the contrary contained in the Note or Security Instrument):
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1. Borrower agrees that certain amounts owed will not be capitalized, waived, or addressed as part of this
Agreement, and will remain owed until paid. These amounts owed are referenced in the Cover Letter to
this Agreement which is incorporated herein,and are to be paid with the return of this executed Agreement.
If these amounts owed lire not paid with the return of this executed Agreement,then Lender may deem this
Agreement void.
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2. As of,SEPTEMBER 1,2013 the amount payable under the Note and the Security Instrument(the"Unpaid
Principal Balance") is U.S. $135,890.20, consisting of the amount(s) loaned to Borrower by Lender,plus
capitalized interestin tie amount of U.S. $11,333.06 and other amounts capitalized, which is Iimited to
escrows and any legal fees and related foreclosure costs that may have been accrued for work completed.
3. Borrower promises to pay the Unpaid Principal Balance,plus interest,,to the order of Lender Interest will
be charged on the Urp uid Principal Balance at the yearly rate of 3.2500%, from SEPTEMBER 1,2013.
The Borrower promises'to make monthly payments of principal and interest of U.S.$591.40,beginning on
the 1ST day of OCTOBER, 2013,and continuing thereafter on the same day of each succeeding month
until principal and ,interest are paid in full. If on SEPTEMBER 1, 2043 (the "Maturity Date"), the
Borrower still owes'amounts under the Note and the Security Instrument, as amended by this Agreement,
Borrower will pay these amounts in full on the Maturity Date.
4. If all or any part of the IProp eriy or any interest in it is sold or transferred(or if a beneficial interest in the
Borrower is sold or transferred and the Borrower is not a natural person)without the Lender's prior written
consent,the Lender rimy require immediate payment in full of all sums secured by this Security Instrument.
If the Lender exerci les this option, the Lender shall give the Borrower notice of acceleration. The notice
shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which
the Borrower must pay all sums secured by this Security Instrument.If the Borrower fails to pay these sums
prior to the expiration of this period, the Lender may invoke any remedies permitted by this Security
Instrument without further notice or demand on the Borrower.
5. The Borrower agrees to make and execute such other documents or papers as may be necessary or required
to effectuate the terms and conditions of this Agreement.
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6. The Borrower also will comply with all other covenants, agreements, and requirements of the Security
Instrument,including without limitation,the Borrower's covenants and agreements to make all payments of
taxes,insurance premiums,assessments,escrow items,impounds,and all other payments that the Borrower
is obligated to make under the Security Instrument;however,the following terms and provisions are forever
cancelled,null and void as of the date specified in Paragraph No. I above:
(a) all terms and provisions of the Note and Security Instrument(if any)providinj for,implementing,or
relating to,any chiange or adjustment in the rate of interest payable under the Note;and
;ustom HUD Loan NIodification Agreement
First American Mortgage Services I Page 2
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Inst. # 201334719 - Page 3 of 9
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(b) all terms and piovisions of any adjustable rate rider,or other instrument or document that is affixed
to, wholly or partially incorporated into, or is part of, the Note or Security Instrument and that
contains any su h(erns and provisions as those referred to in(a)above.
7. If the Borrower has, sial ce inception of this loan but prior to this Agreement, received a discharge in a
Chapter 7 bankruptcy;and there having been no valid reaffirmation of the underlying debt,by entering into
this Agreement,the Len(ler is not attempting to re-establish any personal liability for the underlying debt
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8. Nothing in this Agreement shall be understood or construed to be a satisfaction or release in whole or in
part of the Note and Security Instrument Except as otherwise specifically provided in this Agreement,the
Note and Security Instrument will remain unchanged, and Borrower and Lender,will be bound by, and
comply with,all of the terms and provisions thereof;as amended by this Agreement
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9. Borrower agrees to make and execute other documents or papers as may be necessary to effectuate the
terms and conditions;of this Agreement whiph,if approved and accepted by Lender,shall bind and inure to
the heirs,executors,a klministrators,and assigns of the Borrower.
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10.If included, the undersigned Borrower(s) acknowledges receipt and acceptance of the Notice of Special
Flood Hazard disclosure
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Wells Fargo Custom IUD Loan Modification Agreement
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a,.>.nmencan Mortgage$ervicu Page 3
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Inst_ # 201334719 - Page 4 0£ 9
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In Witness Whereof,the Lender have executed this Agreement.
WELLS FARGO BANK,N-A. Sawn F.OgHe
We President Loan Documentation
By i (print name) Date
i (title)
[Space Below This Line for Acknowledgments]
LENDERACKNOWLED��G� MENT
STATE OF M1 h Vje-S f'Gi COUNTY OF d_
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The instrument was i.acknowledged before me this Qq(45-�20(.3 by
4 � aQ( 1Vt'e1 the
Vice President Lode Ooedmentimon - of WELLS FARGO BANK, N.A.,
a Vice President I.b2d nornmentation ' on behalf of said corporation.
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JAMIE LYNN VON WGEN
s: WTAF K"-V#WtM a
` Notary Public :` Mvox,ssoss ntsne
f UPrinted Name: �
My commission expires: 0
THIS DOCUMENT WASRED BY:
BROOKE MOODY ( 1
WELLS FARGO BANK,N.A.
3476 STATEVIEW BLVD,MAC#X7801-03K
FORT MILL,SC 29715 i
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Wells Faro-diatom HUD Loan Jodification Agreement
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Inst. # 201334719 - Page 5 of 9
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*REECCA14ML ereof,I e' ut this Agreement.
C-69I (Seal)
Borrower
Date Date
(Seal) (Seal)
Borrower 1Borrower
Date Date
(Seal) (Seal)
Borrower Borrower,
f ;
Date Date
[Space Below This Line for Acknowledgments]
BORROWER ACKNOWLEDGMENT
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STATE OF
COUNTY OF
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On this,the ! day of � ,before me,the undersigned officer,personally
appeared REBECCAA.OFNEILL known to me(o atisfactorily proven)to be the person whose name
subscribed to the within instrument and acknowledged that Q r,S��� A_ o, co f (he/&they)
executed the same for the plupose herein contained_
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IN WITNESS WHEREOF,I hereunto set my hand and fficial seal.
My commission expires:, 410q I {
r;WEALTH O ��ygNlp 7rtle of Officer
NoGitlalsealMy *aon iq,ns Aug.4,2014
Member.Penr svlvanle A ^d Notaries
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Wells Fargo Custom HUD Loan Modification Agm=ent 708
c nmcc.wu MLIAgaage Services Page 5
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Inst.
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Inst. # 201334719 - Page 6 of 9
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EXHIBIT A
BORROWER(S); REBEi CAA.O'NEILL
LOAN NUMBER: (scan barcode)
LEGAL DESCRIPTIOIN-1
THE LAND REFERREDl�TO IN THIS POLICY IS SITUATED IN THE STATE OF PENNSYLVANIA,
COUNTY OF CUMBERLAND, BOROUGH OF NEW CUMBERLAND, AND DESCRIBED AS
FOLLOWS: ALL THAT CERTAIN LOTS OF LAND SITUATE IN THE 'BOROUGH OF NEW
CUMBERLAND, C06N-i`Y OF CUMBERLAND, PENNSYLVANIA, BOUNDED AND DESCRIBED
AS FOLLOWS, TO WIT: TRACT NO. 1 BEGINNING AT A POINT ON THE SEVENTH STREET,
WHICH POINT IS FORTY (40) FEET DISTANT FROM THE CORNER OF SEVENTH STREET
AND A PUBLIC ALLEY;I THENCE IN AN EASTWARDLY DIRECTION AND ALONG THE LINE OF
SAID SEVENTH STREET FORTY(40)FEET TO A POINT,THE DIVIDING LINE BETWEEN LOTS
i NOS. 228 AND 229;THENCE NORTH ALONG SAID DIVIDING LINE BETWEEN LOTS NOS. 228
AND 229 AND ON ALINE AT RIGHT ANGLES WITH SEVENTH STREET ONE HUNDRED FIVE
(105) FEET TO A TEN J10) FEET WIDE ALLEY; THENCE WEST ALONG THE LINE OF SAID
ALLEY FORTY(40)FEET TO A POINT ON THE DIVIDING LINE BETWEEN LOTS NOS.22 AND
228;THENCE SOUTH ALONG SAID DIVIDING LINE ONE HUNDRED(105)FEET TO SEVENTH
j STREET, THE PLACE OF BEGINNING. TRACT NO. 2 BEGINNING AT A POINT ON THE
NORTHERN LINE OF S EVENTH STREET AT THE EASTERN LINE OF A TEN(10)FOOT ALLEY,
BEING THE FIRST ALLEY EAST OF MARKET STREET; THENCE- IN A NORTHERLY
DIRECTION ALONGEASTERN LINE OF SAID ALLEY ONE HUNDRED FIVE (105) FEET
TO A POINT ON THE SOUTHERN LINE OF A SECONDS ALLEY; THENCE ON AN EASTERLY
DIRECTION ALONG SAID LAST MENTIONED ALLEY FORTY(40)FEET TO A LOT NO.228 ON
THE PLAN OF LOTS HEREINAFTER MENTIONED; THENCE IN A SOUTHERLY DIRECTION
ALONG THE WESTERJ1 LINE OF SAID LOT NO. 228 ONE HUNDRED FIVE (105) FEET TO
SEVENTH STREET;THENCE IN A WESTERLY DIRECTION ALONG THE NORTHERN LINE OF
SEVENTH STREET F01iTY(40)FEET TO THE POINT OR PLACE OF BEGINNING.BEING LOT
NO.227 ON THE PLA i bF LOTS OF ELKWOOD AFOREMENTIONED.
ALSO KNOWN AS:123 TTH STREET,NEW CUMBERLAND,PENNSYLVANIA 17070
�tIUlIlllllilltlllq 0 NEI IL 14'HENREC'ORDH),RA-17.HN7C):
47680789 PA P=AAdFMCANT1EINSURANCECO.
FIRST AMERICAN ELS 1100SUPEWORAVENUZ SUF1E200
MODIFICATION AGREEMENT CLEVELAND,0,WO 44114
fill III INiiIIIIIIIiIIIIIlllllilltllll[IIIIIhIIfill UI11 NA77oNALRECORDINc
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(]ecmm FiUD Loan ModificationAgrecmem
701—
First
0£.—First American Mortgage Services Page 6
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Inst. 201334719 - Page 7 of 9
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Date:AUGUST 9,2013i
Loan Number:(scan barcode)
Lender.WELLS FARGIO ilANK,N.A.
Borrower.REBECCA A O'NEILL
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Property Address:123 7TH STREET,NEW CUMBERLAND,PENNSYLVANIA 17070
NOTICE OF NO ORAL AGREEMENT§
II
THIS WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE
PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR,
CONTEMPORANEOUS, R SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES.
THERE ARE NO ORAL AGREEMENTS BETWEEN THE PARTIES.
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Receipt of Notice. The undersigned hereby admit to having each received and read a copy of this Notice on or
before execution of the Login Agreement. "Loan Agreement" means one or more promises, promissory notes,
E�e
undertakings, slecurity agreements, deeds of trust or other documents, for commitments, or any
ination those actions or documents,pursuant to which a financial institution loans or delays repayment of or
to loan delay-re I a ant of money,goods y other thing of value or to otherwise extend credit or make
a financial ac mon_
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Borrowh II Date
REBECCA A.O'NEILL ;
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Borrower Date
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Borrower Date
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Borrower I Date
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Borrower I Date
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Borrower Date
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First American Mortgage Servic6 Page 7
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Inst. 201334719 - Page 8 of 9
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j CERTIFICATE OF RESIDENCE
TITLE OF DOCUMENT
LOAN MODIFICATION AGREEMENT
BETWEEN:
REBECCAA_O'NEILL(assign,)r/Mortgagor/grantor)
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AND:
WELLS FARGO BANK,N.A.(assignee/Mortgagee/grantee)
I do hereby certify that the precise address of the within name Mortgagee is:
WELLS FARGO BANK,N.A.
3476 STATEVIEW BLVD,MAC#X7801-03K
FORT MLLL,SC 29715
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By:
Print Name.
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Fi stAmencan Mortgage Services i
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Inst. # 201334719 - Page 9 of 9
ROBERT R ZIEGLER
RECORDER OF DEEDS
CUMBERLAND'COUNTY
1 COURTHOUSE SQUARE
CARLISLE„PA 17013
717-240;6370 =
Instrument Number-201334719
Recorded On 10/24/2013 At 1.2:21:37 PM *Total Pages-9
*Instrument Type-MODIFICATION OF MORTGAGE
Invoice Number- 149967 User ID-MSW
*Mortgagor-ONEILL,REBECCA A
*Mortgagee-NVELLS FAR GO BK N A
*Customer-SIMPLIFILE LCE(RECORDING
*FEES
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STATE WRIT TAX $0.50 Certification Page
RECORDING FEES - I $19.50
RECORDER OF DEEDS I IDO NOT DETACH
PARCEL CERTIFICATION1 $15.00
FEES
COUNTY ARCHIVES FEE I $2.00 This page is now part
j ROD ARCHIVES FEE j $3.00 of this legal document.
TOTAL PAID i $40.00 t'
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I Certify this to be recorded
in Cumberland County PA
RECORDER OF DEEDS
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*-Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
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1664 THE COURTS
FORM 1
WELLS FARGO BANK,N.A. IN THE COURT OF COMMON PLEAS
3476 Stateview Blvd CUMBERLAND COUNTY,
MAC X7801-013 PENNSYLVANIA
Fort Mill, SC 29715,
Plaintiff, I J U
J rn rn F7'
CIV�i-� �s �f-.,
cn r
Vs. � �� .v mac:
ca ,
Rebecca A. ONeill v M _ =F
123 7th Street ; ):71� CD n
New Cumberland, PA 17070, i ='
Defendant
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 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
062-PA-V5
PENNSYLVANIA BULLETIN,VOL.42,NO.13,MARCH 31,2012
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 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 WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND
TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
/ ectfully submitted:
Date Rob W. Williams, Esquire
Milstead &Associates, LLC
1 E. Stow Road
Marlton,NJ 08053
856-482-1400
856-482-9190 (f)
062-PA-V5
PENNSYLVANIA BULLETIN,VOL.42,NO.13,MARCH 31,2012
THE COURTS 1665
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:
USI -R /Pl�IMAI�Y 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-BORROWFR
Mailing Address:
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
#of people in household: How long?
•
First Mortgage Lender:
Type of Loan:
Loan Number: Date You Closed Your Loan:
Second Mortgage Lender:
Type of Loan:
Loan Number:
Total Mortgage Payments Amount: $ Included Taxes&Insurance:
Date of Last Payment:
Primary Reason for Default:
Is the loan in Bankruptcy?Yes❑No❑
85.35951
062-PA-V5
PENNSYLVANIA BULLETIN,VOL.42,NO.13,MARCH 31,2012
1666 THE COURTS
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#I: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 Employees:
1.
2.
3.
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"d Mortgage Utilities
Car Payment(s) Condo/Neigh.Fees
Auto Insurance Med.(not covered)
Auto fuel/repairs Other prop.payment
Install. Loan Payments Cable TV
Child Support/Alim. Spending Money
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:
85.35951 2
062-PA-V5
PENNSYLVANIA BULLETIN,VOL.42,NO.13,MARCH 31,2012
THE COURTS 1667
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 know,regarding your lender or lender's loan servicing company:
Lender's Contact(Name): Phone:
Servicing Company(Name):
Contact: Phone:
AUTHORIZATION
I/We, ,authorize the above
named to use/refer this information to my lender/servicer for the sole purpose of
evaluating my financial situation for possible mortgage options.I/We understand that I/we am/are under no
obligation to use the 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)
062-PA-VS
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson ! -UC
Sheriff HE ?ROTH�t�rtikr mt�et�r�Lr����i
Jody S Smith
Chief Deputy �. _ 14 ocl 16 PM 3' � �
Richard W Stewart ~
Solicitor FICEOFTHE HERIP: �'UMPENNSYL�' AN A
Wells Fargo Bank, N.A. Case Number
vs.
Rebecca A. O'Neil 2014-5708
SHERIFF'S RETURN OF SERVICE
10/02/2014 08:20 PM - Deputy Christopher Sharpe, 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:
Rebecca A. O'Neil at 123 Seventh Street, New Cumberland Borough, New Cumberland, PA 17070.
RISTOP R S PE, DEPUTY
SHERIFF COST: $47.21 SO ANSWERS,
October 03, 2014 RONW R ANDERSON, SHERIFF
(c)CountySuite Sheriff,Teleosoft,Inc.
IN THE COURT OF COMMON PLEAS OF be Iid
COUNTY
PENNSYLVANIA CIVIL ACTION - LAW
Plaintiff
jL(LS( a Bouvk
endant
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1.
2.
m� I I eLl
NO.
ANSWER
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(Add extra paragraphs (and pages) as needed.)
WHEREFORE, the Defendant respectfully requests that the Plaintiffs Complaint be
dismissed.
(If new matter is to be completed, continue with the next number after the last number of your
answer.)
NEW MATTER
The averments of paragraphs through above are incorporated with this new
matter as though fully set forth herein.
WHEREFORE, the Plaintiff respectfully requests that the following relief be granted:
If Counterclaim(s) is\are to be completed, continue with the next number after the last
number of your answer.
COUNTERCLAIM ONE
The aveiments of paragraphs through above are incorporated with this
COUNTERCLAIM as though fully set forth herein.
WHEREFORE, the Defendant respectfully requests that the following relief be granted:
COUNTERCLAIM TWO
The averments of paragraphs through above are incorporated with this
COUNTERCLAIM as though fully set forth herein.
WHEREFORE, the DAfendant respec
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y requests that the following relief be granted:
submitted,
VERIFICATION
I hereby verify that the statements made in this Pleading are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904,
relating to unswom falsification to authorities.
laatfkl/
NOTARIAL SEAL
TARYN M YOHN
Notary Public
HAMPDEN TWP, CUMBERLAND COUNTY
My Commission Expires Mar 28, 2016