HomeMy WebLinkAbout14-5987 Supreme Court.of Pennsylvania
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,Cour',4 Common.Pleas
N . `� For Prothonotary Use Only:
CMI>C𝔢Sheet
Cl E�'AN��`} ).'Y County Docket No:
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace thefiling and service ofpleadings or other papers as required by law or rules of court.
Commencement of Action:
9 Complaint ❑ Writ of Summons ❑Petition
S ❑Transfer from Another Jurisdiction ❑Declaration of Taking
E Lead Plaintiff's Name: WELLS FARGO BANK,N.A.,AS Lead Defendant's Name: TINA LYNN SHULTZ
C TRUSTEE FOR THE REGISTERED HOLDERS OF
STRUCTURED ASSET SECURITIES CORPORATION
T MORTGAGE PASS-THROUGH CERTIFICATES,
I SERIES 2007-OSI
O Are money damages requested? El Yes Z No Dollar Amount Requested: Elwithin arbitration limits
N (Check one) 9 outside arbitration limits
Is this a Class Action Suit? ❑ Yes ❑x No Is this an MDJ Appeal? ❑ Yes ❑x No
A Name of Plaintiff/Appellant's Attorney: Kenya Bates,Esq., Id.No.203664,Phelan Hallinan,LLP
❑ Check here if you have no attorney(are a Self-Represented [Pro Sel Litigant)
Nature of the Case:
Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE.If
you are making more than one type of claim,check the one that you consider most important.
TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS
❑Intentional ❑Buyer Plaintiff Administrative Agencies
❑Malicious Prosecution ❑Debt Collection:Credit Card ❑Board of Assessment
❑Motor Vehicle ❑Debt Collection:Other ❑Board of Elections
❑Nuisance ❑Dept.of Transportation
❑Premises Liability ❑Statutory Appeal:Other
❑Product Liability(does not include
mass tort) ❑Employment Dispute:
❑ Slander/Libel/Defamation Discrimination
S ❑Other: ❑Employment Dispute:Other ❑Zoning Board
E ❑Other:
C
T
I ❑Other:
O MASS TORT
N ❑Asbestos
❑Tobacco
❑Toxic Tort-DES
B ❑Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
❑Toxic Waste ❑Ejectment ❑Common Law/Statutory Arbitration
❑Other: ❑Eminent Domain/Condemnation ❑Declaratory Judgment
❑Ground Rent ❑Mandamus
❑Landlord/Tenant Dispute ❑Non-Domestic Relations
®Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABILITY
El Mortgage Foreclosure:Commercial ❑Quo Warranto
❑Partition ❑Replevin
❑Dental ❑Quiet Title ❑Other:
❑Legal ❑Other:
❑Medical
❑Other Professional:
Pa.R.C.P.205.5 Updated 01/01/2011
F
t4 OCT -� An 2
CUMBERLAND CCC°NT's'
PENNSYLVANIA
PHELAN HALLINAN,LLP
Kenya Bates,Esq.,Id.No.203664
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza ATTORNEY FOR PLAINTIFF
Philadelphia,PA 19103
kenya.bates@phelanhallinan.com
215-563-7000
WELLS FARGO BANK,N.A., AS TRUSTEE FOR
THE REGISTERED HOLDERS OF STRUCTURED COURT OF COMMON PLEAS
ASSET SECURITIES CORPORATION MORTGAGE
PASS-THROUGH CERTIFICATES, SERIES 2007- CIVIL DIVISION
OSI
C/O OCWEN LOAN SERVICING, LLC TERM
1661 WORTHINGTON ROAD, SUITE 100
WEST PALM BEACH, FL 33409 NO. �y
Plaintiff CUMBERLAND COUNTY
V.
TINA LYNN SHULTZ
59 CONRAD ROAD
CARLISLE,PA 17015-8857
Defendant
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
COW a
File#: 949487
I. Plaintiff is
WELLS FARGO BANK,N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS
OF STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-
THROUGH CERTIFICATES, SERIES 2007-OSI
C/O OCWEN LOAN SERVICING, LLC
1661 WORTHINGTON ROAD, SUITE 100
WEST PALM BEACH, FL 33409
2. The name(s) and last known address(es) of the Defendant(s) are:
TINA LYNN SHULTZ
59 CONRAD ROAD
CARLISLE,PA 17015-8857
who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 03/26/2007 TINA LYNN SHULTZ and BARBARA J. SHULTZ made, executed and
delivered a mortgage upon the premises hereinafter described to Mortgage Electronic
Registration Systems, Inc. as Nominee for BNC MORTGAGE, INC., A DELAWARE
CORPORATION , which mortgage is recorded in the Office of the Recorder of Deeds of
CUMBERLAND County, in Mortgage Instrument No. 200734458 The PLAINTIFF is
now the mortgagee and is in the process of formalizing an assignment of same. The
mortgage and assignment(s), if any, are matters of public record and are incorporated
herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the
Plaintiff from its obligations to attach documents to pleadings if those documents are of
public record.
4. The premises subject to said mortgage is described as attached.
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 08/01/2013 and each month thereafter are due and unpaid, and by the terms
of said mortgage, upon failure of Mortgagor to make such payments after a date specified
File 4: 949487
by written notice sent to Mortgagor, the entire principal balance and all interest due
thereon are collectible forthwith.
6. The following amounts are due on the mortgage as of 09/10/2014:
Principal Balance $70,845.67
Interest $6,542.82
07/01/2013 to 09/10/2014
Late Charges $417.91
Property Inspections $102.00
Appraisal/Brokers Price Opinion $876.00
Escrow Deficit $2,485.00
Subtotal $81,269.40
Suspense Credit 3.57
TOTAL $81,265.83
7. Plaintiff is not seeking a judgment of personal liability(or an in personam judgment)
against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a
separate Action to establish that right, if such right exists. If Defendant(s)has/have
received a discharge of personal liability in a bankruptcy proceeding,this Action of
Mortgage Foreclosure is in no way an attempt to reestablish such personal liability
discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged
premises pursuant to Pennsylvania Law.
8. 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) on the date(s) set forth thereon, and the temporary stay as
provided by said notice has terminated because Defendant(s) has/have failed to meet with
the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied
assistance by the Pennsylvania Housing Finance Agency.
File#: 949487
9. BARBARA J. SHULTZ was a co-record owner of the mortgaged premises as a joint
tenant with the right of survivorship. By virtue of BARBARA J. SHULTZ's death on or
about 11/25/2012, her ownership interest was automatically vested in the surviving joint
tenant(s).
10. Plaintiff hereby releases BARBARA J. SHULTZ, from liability for the debt secured by
the mortgage.
File#: 949487
WHEREFORE,Plaintiff demands an in rem judgment against the Defendant(s) in the sum of$81,265.83,
together with interest, costs, fees, and charges collectible under the mortgage including but not limited to
attorney fees and costs, and for the foreclosure and sale of the mortgaged property.
PHELAN HALLINAN, LLP
By:K_Z� lea�
Kenya ates,Esq.,Id.No.203664
Attorney for Plaintiff
VERIFICATION
I, Y'isa C111k ,hereby state that I am COWWM9MWC=dMOr of
OCWEN LOAN SERVICING,LLC,mortgage servicing agent for Plaintiff in this matter. The Plaintiff
has delegated the mortgage servicing responsibility to OCWEN LOAN SERVICING,LLC for the
mortgage loan which is the subject of this action. Plaintiff lacks sufficient information to make this
verification because Plaintiff is not the entity which maintains the business records for the mortgage.
OCWEN LOAN SERVICING,LLC is in possession and control of all documents and records supporting
the statements in the foregoing complaint and therefore the servicer,rather than the Plaintiff, is the
appropriate entity to make this verification.
I have reviewed the business records relating to this account,and am authorized to make this
verification. I hereby verify that the statements made in the foregoing Civil Action in Mortgage
Foreclosure are true and correct to the best of my information and belief. I understand that this statement
is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsifcation to authorities.
DATE: SEP 2. 7 2014
Nan'4- LLsa. CEark
Title: COW
OCWEN LOAN SERVICING,LLC as servicer
for WELLS FARGO BANK,N.A.,AS
TRUSTEE FOR THE REGISTERED HOLDERS
OF STRUCTURED ASSET SECURITIES
CORPORATION MORTGAGE PASS-
THROUGH CERTIFICATES, SERIES 2007-OSI
Name: SHULTZ
File#: 949487
LEGAL DESCRIPTION
TRACT NO. 1:
ALL THAT CERTAIN lot of ground situate in the township of Middlesex, (formerly township
of North Middleton) county of Cumberland and state of Pennsylvania, more particularly bounded
and described as follows to wit:
ON the west by Conrad road; on the north by lot no. 79 on the hereinafter mentioned revised
plan of lots; on the east by lot no. 93 on said plan; and on the south by lot no. 77 on said plan,
being 50 feet in front on Conrad road and extending in depth at an even width from the center
line of said Conrad road, 223.4 feet, more or less.
BEING lot no. 78 on the dale Fetrow revised plan of lots, which said plan is recorded in the
recorder's office of Carlisle, Pennsylvania, in plan book 3, page 103.
TRACT NO. 2:
ALL THAT CERTAIN tract of land with improvements thereon, situate in the township of
Middlesex, county of Cumberland, and state of Pennsylvania, bounded and described as follows,
to wit:
ON the west by Conrad road as shown on the hereinafter mentioned revised plan of lots; on the
north by lot no. 80 on said plan; on the east by lot no. 92 on said plan; on the south by lot no. 78
File#: 949487
ori said plan. Being 50 feet in front on the said Conrad road and extending in depth at an even
width from the center line of said road 223.4 feet, more or less.
BEING lot no. 79 on the dale Fetrow revised plan of lots, which said plan is recorded in the
recorder's office at Carlisle, Pennsylvania in plan book no. 3, page 103.
BEING THE SAME PROPERTY conveyed to Barbara J. Shultz by deed recorded 11/20/1998 in
deed book 189 page 716, in the office of the recorder of deeds of Cumberland county,
Pennsylvania.
PROPERTY ADDRESS: 59 CONRAD ROAD, CARLISLE,PA 17015-8857
PARCEL #21-22-0119-038
File#: 949487
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
32 SOUTH BEDFORD STREET
CARLISLE,PA 17013
(717)249-3166
(800)990-9108
File#: 949487
IN THE COURT OF COMMON
WELLS FARGO BANK,N.A.,AS TRUSTEE FOR THE PLEAS
REGISTERED HOLDERS OF STRUCTURED ASSET OF CUMBERLAND COUNTY,
SECURITIES CORPORATION MORTGAGE PASS- PENNSTLVANIA
THROUGH CERTIFICATES, SERIES 2007-OSI
Plaintiff(s)
vs. v��
TINA LYNN SHULTZ Defendant(s) Civil
NOTICE OF RESIDENTIAL MORTGAGE
FORECLOSURE DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose r he.
If you own and live in the residential property which is the subject of this foreCi a aqtbpn,A�77µ
may be able to participate in a court-supervised conciliation conference in an effort to re thiUbattev , }
with your lender. fZr7
If you do not have an attorney,you must take the following steps to be eligi r ate. r—) ;
conciliation conference. First,within twenty(20)days of your receipt of this notice,yo t co'*tact
MidPenn Legal Services at(717)243-9400 extension 2510 or(800)822-5288 extension ?and+lque
appointment of a legal representative at not charge to you. Once you have been appointed11leal
representative,you must promptly meet with the legal representative within twenty(20)days-ef th&r'
appointment date.During that meeting,you must provide the legal representative with all the 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 attempt to work out a 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 the 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
our 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 glignoffure of Counsel for Plaintiff
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
_ Date
Cumberland County Court of Common Please 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:
CUSTOMER/PRIMARY APPLICANT
Borrower name(s):
Property Address:
City: State: Zip:
Is the property for sale? Yes ❑ No ❑ Listing date: Price: $
Realtor Name: Realtor Phone:
Borrower Occupied? Yes ❑ No ❑
Mailing Address (if different):
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
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.
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" 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
Day/Child Care/Tuit. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income&Expenses:
Have you been working with a Housing Counseling Agency?
Yes ❑ No ❑
If yes, please provide the following information:
Counseling Agency:
Counselor:
Phone (Office): Fax:
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program
(HEMAP) assistance?
Yes ❑ No ❑
If yes, please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company
to resolve your delinquency?
Yes ❑ No ❑
If yes, please indicate the status of those negotiations:
Please provide the following information, if you know, regarding your lender or lender's
loan servicing company:
Lender's Contact(Name): Phone:
Servicing Company (Name):
Contact: Phone:
f
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 page along with the following information to lender:
1. Proof of income
2. Past 2 bank statements
3. Proof of any expected income for the last 45 days
4. Copy of a current utility bill
5. Letter explaining reason for delinquency and any supporting documentation
(hardship letter)
6. Listing agreement (if property is currently on the market)
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny RAnderson l'- lL O OF '' i(�r
Sheriff GJ;' "Tit PROTHONO1
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
OFFLE a=',r fl $MERIFF
21111i OCT 21 PI 2: 59
CU PENNSYLVAN COUNTY Y
Wells Fargo Bank, N.A.
vs.
Tina Lynn Shultz
Case Number
2014-5987
SHERIFF'S RETURN OF SERVICE
10/10/2014 02:28 PM - Deputy William Cline, 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: Tina
Lynn Shultz at 59 Conrad Road, Middlesex Township, Carlisle, PA 17015.
WILLIAM CLINE, DEPUTY
SHERIFF COST: $34.78 SO ANSWERS,
October 15, 2014 RONNY R ANDERSON, SHERIFF
(c) CountySu e Sheriff, Teleosoft, Inc.