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HomeMy WebLinkAbout03-2335LAW OFFICES SNEIBAKER, BRENNeMAN & SPARE SYLVESTER iD. DEIMLER and DIANE C. DEIMLER, Plaintiffs, VS. WELLS FARGO HOME MORTGAGE, INC. Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 03. J ~ ~ ~ CIVIL TERM : CIVIL ACTION - LAW : JURY TRIAL DEMANDED 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 a 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 SNELB~AN & SPARE, P.C. By ~~-e/ - At~r Plaintiffs LAW OFFICES SNELBaKER. BReNNEMAN & SPARE SYLVESTER D. DEIMLER and DIANE C. DEIMLER, Plaintiffs, VS. WELLS FARGO HOME MORTGAGE, INC. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: O~- q335~ CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, come the Plaintiffs by their attorneys, Snelbaker, Brenneman & Spare, P.C. and aver the following cause of action: 1. The Plaintiffs herein are Sylvester D. Deimler and Diane C. Deimler (husband and wife), adult individuals, who reside at 128 Salem Church Road in Hampden Township, Cumberland County, Pennsylvania (Post Office: Mechanicsburg, PA 17050). 2. The Defendant herein is WELLS FARGO HOME MORTGAGE, INC., a corporation which does business in the Commonwealth of Pennsylvania and maintains a place of business at 4900 Carlisle Pike, Hampden Township, Cumberland County, Pennsylvania (Post Office: Mechanicsburg, PA 17050). 3. Plaintiffs are the owners of the real estate known and numbered as 128 Salem Church Road in Hampden Township, Cumberland County, Pennsylvania (hereinafter called "Plaintiffs' Real Estate"). 4. On or about September 14, 1993, Plaintiffs entered into a mortgage-secured loan with Norwest Mortgage, Inc. in the amount of $66,000 (hereinafter called "Loan #1") which was secured by mortgage lien on Plaintiffs' Real Estate, which mortgage was recorded on or about LAW OFFICES SNELBAKER. BRENNEMAN & SPARe September 20, 1993 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Mortgage Book 1165, Page 28, et seq. (hereinafter called "Mortgage gl"). 5. On or about December 21, 1995, Plaintiffs refinanced Loan #1, via another mortgage-secured loan with Norwest Mortgage, Inc., in the amount of $83,725 (hereinafter called "Loan #2"), secured by mortgage lien on Plaintiffs' Real Estate, which mortgage was recorded on or about January 11, 1996 in said Cumberland County Recorder's Office in Mortgage Book 1299, Page 103, et seq. (hereinafter called "Mortgage #2"). 6. It was Plaintiffs' request and understanding that a portion of the proceeds of Loan #2 were to be used to pay-offLoan gl in full, said payoff to include the cost of satisfying Mortgage #1. 7. Norwest Mortgage, Inc., made all arrangements for closing the loan at its office. 8. In accordance with Norwest Mortgage Inc.'s arrangements, Plaintiffs settled and closed Loan #2 on the assurance of Norwest Mortgage, Inc., that Mortgage #1 would be satisfied on the records of Cumberland County, Pennsylvania, and that Plaintiffs' Real Estate described in said mortgage would be freed and discharged from the obligation of Loan # 1 and the lien of Mortgage #1. 9. Defendant has succeeded to the business of Norwest Mortgage, Inc. and has serviced Loan #2. 10. In. December of 2002, Plaintiffs made application with another lending institution to refinance Loan #2 which required a title examination of Plaintiffs' Real Estate, which examination revealed the unsatisfied existence of Mortgage gl. -2- LAW OFFICES SNELBAkER, BreNNEman & SPARe 11. On December 19, 2002, Plaintiffs via their attomeys herein, notified Defendant of existence of Mortgage #1 and requested prompt satisfaction thereof, a true copy of said notice and request being attached hereto marked "Exhibit A" and incorporated herein by reference thereto. 12. On January 3, 2003, Plaintiffs again notified Defendant of their need to have Mortgage #1 satisfied, a true copy of said notice being attached hereto marked "Exhibit B" and incorporated herein by reference thereto. 13. On January 28, 2003, Plaintiffs again notified Defendant of the need to have Mortgage #1 satisfied of record and demanded the same immediately, a tree copy of said notification being attached hereto marked "Exhibit C" and incorporated herein by reference thereto. 14. A further communication to Defendant was dispatched by facsimile on February 14, 2003, a tree copy is attached hereto marked "Exhibit D" and incorporated herein by reference thereto. 15. A final communication was sent to Defendant by certified mail return receipt requested on March 11, 2003 and received by Defendant on March 13 and 15, 2003, a true copy of which is attached hereto marked "Exhibit E" and incorporated herein by reference thereto. 16.. Despite Plaintiffs' efforts aforesaid, Defendant has failed and refused to satisfy Mortgage #1, which failure is a violation of the Pennsylvania statute of December 9, 2002 (P.L. 1530, No. 197) known as the "Mortgage Satisfaction Act." 17. Because of Defendant's failure and violation as averred above, Plaintiffs are -3- suffering losses and damages, which are continuing in nature, including, but not limited to, interest charges on Loan #2, attorneys' fees and costs, inconvenience, humiliation, embarrassment and distress. WHEREFORE, Plaintiffs request your Honorable Court to enter judgment against Defendant to (a) cause Mortgage #1 to be satisfied forthwith, and (b) to impose damages the Pennsylvania Act of December 9, 2002 (P.L. 1530, No. 197) known as the 'Mortgage Satisfaction Act." with interest and the costs of this action. SNELBA~ ~_~MAN & SPARE, P.C. ~ ~nelbaker, Esquire Pa. Supreme Court I.D. # 06355 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiffs, Sylvester D. Deimler and Diane C. Deimler May 16 , 2003 LAW OFFICES SNELBAKER, BRENNEMAN & SPARE -4- VERIFICATION We, the Plaintiffs herein, verify that the statements made in the foregoing Complaint are tree and correct. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. Diane C. Deimler Date: Ymy 16, ,2003 LAW OFFICES SNELBAKER, BRENNEMAN & Spare RJCI-'iAR. D C $1qELB^KEP,. KEITH O. BR,ENNEMAN PHILIP H. SPAtkfl SNELBAKER., BR.ENNEMAN ~ A PI~OFF331ONAL ATTORNEYS AT I_AW ~ WIZ~T MAINI 3TI~F_ET MECHANICSBUKG, PENNS~VANIA I?055 717'6D7-8528 December 19, 2002 Wells Fargo Home Mortgage, Inc. (Via Mail Only) Correspondence X2501-01T 1 Home Campus Des Moines, IA 50328-0001 Wells Fargo Home Mortgage, Inc. (Via Mail and Fax) P.O. Box 17430 Fax No: (515-237-7070) Baltimore, MD 21297 Re: Gentlemen: Loan No: 2044075 Borrowers/Mortgagors: Sylvester D. and Diane C. Deimler Property Address: 128 Salem Church Road Mechanicsburg, PA 17050 P. O. BOX 318 FACSIMILE (?17) 607-7681 Please be advised that we represent your customers, Sylvester D. and Diane C. Deimler, with regard to a refinancing of the above loan. In the course of making our title examination, we have discovered that a mortgage in the original amount of $66,000 remains open on the record of Cumberland County, Pennsylvania. This was a mortgage given originally to Norwest Mortgage, Inc., dated September 14, 1993, recorded on September 20, 1993, in Mortgage Book 1165, Page 28. Our clients advise that the above cited mortgage was paid as a result of a refinancing which occurred on December 21, 1995, and for which the above-mentioned loan number would be the current account with your organization. It is imperative that the earlier mortgage be removed from the public record by the satisfaction process and that the original documentation be returned to the borrowers. I cannot overemphasize the urgency for having this accomplished since our clients stand to suffer financial loss because of your failure to properly remove the lien of the prior loan. Therefore, we expect that you will provide us with the necessary documentation to have this mortgage duly satisfied within seven (7) days from the date of this letter. If you have any questions or problems concerning the foregoing, please contact the undersigned. Very truly yours, RCS:jjc cc: Mr. and Mrs. Sylvester D. Deimler Richard C. Snelbaker EXHIBIT A R. ICHAR.D G. 5NEI.BAKER. K.EITH O. BR.ElC~EMAN PHILIP H. S PAP,.E 44 WE.ST lvI.Alhl STI~EET MECHA~ICSBUR. G, PENNS~TVAN~ 17055 717-69~'- 8528 P. O. BOX 318 FACSIMILE (717) 697-7681 January 3, 2003 Stacy Sims Wells Fargo Home Mortgage, Inc. Via Fax: (515) 213-6743 Re: Mortgage Loan to: Deimler, Sylvester D. and Diane C. Property: 128 Salem Church Road, Mechanicsburg, PA Dear Ms. Sims: 17050 I am reacting to your telephone call of yesterday requesting our clients' former account number for the mortgage loan which was the subject of my letter of December 19, 2002. After considerable inconvenience, our clients have provided us with the following number: 1225795. We find it incredible that ~,ou could not respond until January 2, 2003, and that performance of your legal duties was dependent upon further action by our clients. When the subject loan was paid off in December 1995 by a subsequent loan from the same lender, the borrowers expected and requested satisfaction of the 1993 lien. Under Pennsylvania law, a lender is required to provide timely satisfaction; failure to so provide .justifies fines and penalties (21 P.S. § 681 et seq.), which we are advising our clients to consider pursuing, given the fact that more than 7 years have elapsed since the loan was paid. Very truly yours, RCS:jj¢ cc: Mr. and Mrs. Sylvester D. Deimler (mail) Richard C. Snelbaker EXHIBIT B P. IC~ C. SNIELBAKER KEITH O. B~EM,~ PHILIP H. SP~R.E Wells Fargo Home Mortgage, Inc. Correspondence X2501-01T 1 Home Campus Des Moines, IA 50328-0001 P. O. BOX 3115 FACSIMILE (717) 697-7681 VIA CERTIFIED MAIL NO: 7000 1670 0008 5047 1219 RETURN RECEIPT REQUESTED Wells Fargo Home Mortgage, Inc. P.O. Box 17430 Baltimore, MD 21297 VIA CERTIFIED MAIL NO: 7000 1670 0008 5047 1202 RETURN RECEIPT REQUESTED Re: Gentlemen: Loan No: 2044075 (Account No: 1225795) Borrowers/Mortgagors: Sylvester D. and Diane C. Deimler Property Address: 128 Salem Church Road Mechanicsburg, PA 17050 Under date of December 19, 2002, we gave you notice of the unsatisfied status of a mortgage. Enclosed is a copy of the cited letter, the terms of which I incorporate herein by reference thereto. No response was made to our letter of December 19 until January 2, 2003, when a Stacy Sims from your company requested an old account number. We immediately provided the same to her under date of January 3, 2003, a copy of which I also enclose and incorporate herein by reference thereto. As explained in the letter to Ms. Sims, your company is in clear violation of a statute requiring prompt satisfaction of paid mortgages. Our client will pursue damages. It is suggested that you attempt to mitigate your damages by fulfilling the requirements of !aw and customary business practice by immediately causing the mortgage to be satisfied. We will provide no further demands for satisfaction before instituting appropriate action under Pennsylvania law. Very truly yours, RCS:jjc Enclosures cc: Mr. and Mrs. Sylvester D. Deimler Richard C. Snelbaker EXHIBIT C Iof 4 l~,IC~ C. 5NFJ..~AKJ~P,. ~ O. BR.ENNEIvL~q PHILIP H. SP~d~.J5 December 19, 2002 Wells Fargo Home Mortgage, Inc. (Via Mail Only) Correspondence X2501-01T 1 Home Campus Des Moines, IA 50328-0001 Wells Fargo Home Mortgage, Inc. (Via Mail and Fax) P.O. Box 17430 Fax No: (515-237-7070) Baltimore, MD 21297 Re: Gentlemen: Loan No: 2044075 Borrowers/Mortgagors: Sylvester D. and Diane C. Deimler Property Address: 128 Salem Church Road Mechanicsburg, PA 17050 P. Om BOX 318 FACSIMILE (717) 697-7681 Please be advised that we represent your customers, Sylvester D. and Diane C. Deimler, with regard to a refinancing of the above loan. In the course of making our title examination, we have discovered that a mortgage in the original amount of $66,000 remains open on the record of Cumberland County, Pennsylvania. This was a mortgage given originally to Norwest Mortgage, Inc., dated September 14, 1993, recorded on September 20, 1993, in Mortgage Book 1165, Page 28. Our clients advise that the above cited mortgage was paid as a result of a refinancing which occurred on December 21, 1995, and for which the above-mentioned loan number would be the current account with your organization. It is imperative that the earlier mortgage be removed from the public record by the satisfaction process and that the original documentation be returned to the borrowers. I cannot overemphasize the urgency for having this accomplished since our clients stand to suffer financial loss because of your failure to properly remove the lien of the prior loan. Therefore, we expect that you will provide us with the necessary documentation to have this mortgage duly satisfied within seven (7) days from the date of this letter. If you have any questions or problems concerning the foregoing, please contact the undersigned. Very truly yours, RCS:jjc cc: Mr. and Mrs. Sylvester D. Deimler Richard C. Snelbaker EXHIBIT C 2of 4 R.IC~ C. SNELBAK.EP,. ICEITH O. BR.ENNEM. A.N PHILIP H. 5PA.R.E 5NELBAKEP.. B 1KENNEM.~.N .ATT©RS,,IE¥$ .AT 5P.eP_E MECHANICSBURG, PENNS¥I_VANIA 17055 P. O. BOX 3iS FACSIMILE (71~') 697-~'68! January 3, 2003 Stacy Sims Wells Fargo Home Mortgage, Inc. Via Fax: (515) 213-6743 Rc: Mortgage Loan to: Deimler, Sylvester D. and Diane C. Property: 128 Salem Church Road, Mechanicsburg, PA Dear Ms. Sims: 17050 I am reacting to your telephone call of yesterday requesting our clients' former account number for the mortgage loan which was the subject of my letter of'December 19, 2002. After considerable inconvenience, our clients have provided us with the following number: 1225795. We find it incredible that ~,ou could not respond until January 2, 2003, and that performance of your legal duties was dependent upon further action by our clients. When the subject loan was paid offin December 1995 by a subsequent loan from the same lender, the borrowers expected and requested satisfaction of the 1993 lien. Under Pennsylvania law, a lender is required to provide timely satisfaction; failure to so provide justifies fines and penalties (21 P.S. § 681 et seq.), which we are advising our clients to consider pursuing, given the fact that more than 7 years have elapsed since the loan was paid. Very truly yours, RCS:jjc cc: Mr. and Mrs. Sylvester D. Deimler (mail) Richard C. Snelbaker EXHIBIT C 3of 4 r--! -- ~-- ._-I- Postage $ I,J'l Certified Fee 2 30 '-' ' Lr'/ Certified F~ 2.30 ' ' - ,.,.-,Postmark ~ Return Receipt Fee ~ ~ - ~, Here . - ~ ~)stmark EZ3 (Endorsement Required)J' ' J ~ ~ :; ', '~ I-'1~ (EndorsementReturn ReceiptRequired)Fee i 7 5 ]~j~Here D Restricted Delivery Fee ~ ~ - - estricted Delive~ Fee r-~ (Endorsement Req,',ired) I .'-a .. r-1 R r-"l -- -- ~ -i ,~ii r--! (Endorsement Required) Tot,, Posta,e & Fee, $ q' '4 Z- / ' ':~' ~ ----:----- r,- ~ Tota, .os,..e & Fee. ~ Ise,tTo We~.~s ~argo Home Mort~;age, Inc. t ~ '' r-~ ', t To := [-g~F-}--:--.C.o-]:]:-es-o-o~cte~-cm.-Z2.50]..-..01~ .. J Well. Fa::go ! ee. Apr. No.; or PO Box c~o. - ...................... ] .t): t ~age:~ ~ | 1 Home Campus / r~ ~ ~::~'tF~b]-~;-'~5'b: '~;.- ......... '~I'~~----------J' ..... ~ .............. ~.0. Box 17z r-- j~___~-.-~--~o, ~--~ -,,,o~o-~ j r-- ~ s~ate'z~Balt: ~5'~-;i';"-~ ii:' ............. . . , . . I -0 oTM El · o ~ = ..... p~'o -, ~1 ' ~ 3'~. O =,;~' I r-i. i:;cl i_.a~' 3 0 ::3'","-- ~ - ~l l= C3o m ~1 )oo,=,~: ._, ~ o / o ~ / ~ ~ ~1 o / ~ ~ <-~.~ ~ - ~ ~ ~ ~° ~ ~ -. · ..1 Ol ~ Iu u ~ll = ~ ,I m I m ~ ~- Ol~ls~o~ll ~1~1 II ~ ~ I ~ I ~1 ~ I~ ~ ~ EXHIBIT C 4 of 4 ~ FEB513-2003 THO 07;30 AM WELLS FARGO HOME MORT, FAX NO. 5152376743 P. 01 ~ Sims Fax Cover Page De4~'nation Fax No. 7) 697-7681 Message: RE: Borrower Sylvester Deimler 213-5441 Date. this cover page.- 02/13/03 6:00 t~m. 1 In an effort to get this issue resolved for you, we requested several items that we needed for our research. The coml~lete loan number, a copy of thepayoff checA and the Title policy involving the old loan. Please fax these items to me immediately. If you have additional questions, please feel free to contact me at the above-referenced number, Monday through Friday, 6:00 mn~ to 2:30p. m., Central Tim~ Thank you, Stacy Sims TO: Stacy Sims I am responding to your unbelievable request for additional information. As your records should show, the loan to be satisfied was paid off by a re- financed loan with Norwest(to which you have succeeded). Therefore, all of the records are in your files. Please refer to my letters of December 19, 2002, January 3, 2003 and January 28, 2003 -- which contain all of the information which we have and should be sufficient for you to accomplish the simple task of satisfying a paid mortgage. Our clients will seek the remedies as indicated earlier.  ard C. Snelbaker 2/14/03 EXHIBIT D A PP. OF~3$1ONAL CORJ~OI~.I~ON ATTOR.~E¥3 AT ~PAR.[ MECHANICSBUR. G, PENNSY'LV. A2qlA 17055 I:~ICl-'IA3~D C SNELBAKER. KEITH O. BR.ENNEMA~ PHILIP H. 5PAR~ Wells Fargo Home Mortgage, Inc. Correspondence X2501-01T 1 Home Campus Des Moines, IA 50328-0001 P. O. BOX 318 717-6CjT-8:~28 FACSIMILE (717) 6cj7-7681 VIA CERTIFIED MAIL NO: 7000 1670 0008 5047 1035 RETURN RECEIPT REQUESTED Wells Fargo Home Mortgage, Inc. P.O. Box 17430 Baltimore, MD 21297 VIA CERTIFIED MAIL NO: 7000 1670 0008 5047 1042 RETURN RECEIPT REQUESTED Date 'of Notice: NOTICE TO RECORD MORTGAGE SATISFACTION PIECE TO AVOID PENALTY March 11, 2003 To the Mortgagee named below: The party issuing this notice believes that the mortgagee of the mortgage described below has received full satisfaction and payment of all amounts secured by the mortgage, including any applicable satisfaction fee, and that, where applicable, the mortgagee has been instructed in writing, effective as of the date and time of receipt of the mortgage payoff figure, to close and decline any further advances on any open line of credit which was secured by the affected mortgage. The party issuing this notice hereby requests that the mortgagee issue and present for recording a satisfaction piece concerning the mortgage or provide a satisfactory reason why the mortgage should not be satisfied to the party issuing this notice. If you do not comply with this notice, you may be liable for penalties and costs in accordance with the act of December 9, 2002 (P.L. 1530, No. 197), known as the Mortgage Satisfaction Act, or the party issuing this notice may be able to satisfy the mortgage without your consent. Names of Mortgagors: Sylvester D. Deimler and Diane C. Deimler Name of Mortgagee: Norwest Mortgage, Inc. (now: Wells Fargo Home Mortgage, Inc.) Name of Assignee: None Date of Mortgage: September 14, 1993 Amount of Mortgage: $66,000.00 Recorded in Cumberland County, Pennsylvania, in Mortgage Book 1165, Page 28 Brief Description of Premises Covered by Mortgage: Residential premises located in Hampden Township, Cumberland County, Pennsylvania, known and numbered as 128 Salem Church Road, Mechanicsburg, PA 17050 Mortgage Loan Number: 2044075 (Account Number: 1225795) EXHIBIT E ~N£LBAKEt~.. BI~.NNE~AN ~ S~Ai~£ Wells Fargo Home Mortgage, Inc. March 1 l, 2003 Page Two o Notice Name of Party Presenting this Notice: Richard C. Snelbaker, Esquire Snelbaker, Brenneman & Spare, P.C. Attorney for Mortgagors Address of Party Presenting this Notice: 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 Telephone Number of Party Presenting this Notice: (717) 697-8528 SNELB~~.~MAN & SPARE, P.C. By: ~ EXHIBIT E Postage $ · 37 Certified Fee 2 30 ~/'?~' (Endorsement Required) Total Postage & Fees $ 4.42 SentrO Wells Fargo Home Mortg~c. 1 Home Ca~us ..... .................. I~- Postage C 7 :./ [,] ;!; . r.l:l Certified Fee Return Receipt Fee Restricted Delivew Fee Total Postage & F~s 4 2 ~ ~ ~e~zs =argo ~ome ~tg~e, ~- = [w~; ~;-~:*~-~;-~: ..................... ~ ............. ~-- .... + · Complete items 1, 2, and 3. Aisc complete item 4 if Restricted Delivery is desired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Wel~s Fargo Home'MOrtgage, Inc. Correspondence X2501-01T 1 Home Campus Des Moines, IA 50328-0001 2. Article Number (Copy from service label) 7000 B. Date o: Deliv=.ry lC. Sig]~ X rlAR ] 5 D. Is dehvery address d~fferqnt from ~tem 17 If YES, enter delivew acdress below: ~ No 3. Service Type ~;~.Certified Mail [] Lxpress Mail [] Registered [] [{eturn Receipt for Merchand se [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Ex:fa Fee) [] Y,;s 1670 0008 5047 1035 PS Form 3811, July 1999 Domestic Return Receipt I02595-00.M-0.c52 · Complete items 1, 2, and 3. Aisc complete item 4 if Restricted Delivery is desired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: B. Date of Delivery r"] Agent El AdcFessee ress di'ferent from item 17 E] Yes address below: r-] No Wells. Fargo P.O. Box 17430 Baltimore, MD Home Mortgage, inc. 21297 2. Article Number (Copy from service label) PS Fo,~ 3811, July 1999 7000 3. Service Type ~x~ Certified Mail [3 Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail ~ C.O.D. 4. Restricted Delivery? ~Extra Fee) r- Yes 167010008 5047 1042 EXHIBIT E 10259, i-00-1V. 0952 VS. In the Court of Common Pleas of Cumberland County, Pennsylvania No. Civil. 19 To /ffO/k~t'- ff~3~ Prothonotary v V °~ttor~ey for Plaintiff No. Term, 19 __ Filed PRAECIPE 19 , Atty. SHERIFF'S RETURN - CASE NO: 2003-0233!5 P COMMONWEALTH OF PEI~NSYLVANIA: COUNTY OF CUMBERLA~D DEIMLER SYLVESTER D ET AL VS WELLS FARGO HOME MORTGAGE INC OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFEND~NT WELLS FARGO HOME MORTGAGE INC but was unable to locate Them deputized the sheriff of DAUPHIN , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On June 3rd , 2003 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Mileage 6.90 Dep Dauphin Co 29.25 73.15 06/03/2003 ~lz--~L~T~mas Kline ~'~--- ff of Cumberland County SNELBAKER BRENNEMAN SPARE Sworn and subscribed to before me this ~ day of 9~-~ A.D. Prothonotary SERVICE WAS ORIGINALLY ATTEMPTED AT 4900 CARLISLE PIKE MECHANICSBURG. Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphia County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin Sheriff's Return No. 1255-T OTHER COUNTY NO. DEIMLER SYLVESTER D ET AL vs WELLS FARGO HOME MORTGAGE INC -2003 03 2335 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for WELLS FARGO HOME MORTGAGE INC the DEFENDANT named in the within COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, May 28, 2003 NEED BETTER ADDRESS. OFFICE HAS MOVED. NO KNOWN ADDRESS Sworn and subscribed to before me this 28TH of 7Y, 2003 PROTHONOTARY So Answers, Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs: $29.25 PD 05/27/2003 RCPT NO 179137 In The Court of Common Pleas of Cumberland County, Pennsylvania Sylvester D. Dei~ler et al Wells Fargo Home Mortgage Inc SERVE: same No. 03-2335 civil May 23, 2003 $0w~ hereby, deputize the Sheriff of Dauphin deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA , I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this Affidavit of Service NOW, within ,20 , at o'clock __ M. served the upon by handingto a and madeknownto copy of the original So answers, the contents thereof. Sworn and subscribed before me this day of ,20 Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT SHERIFF'S ~SE NO: 2003-02335 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEIMLER SYLVESTER D ET AL VS WELLS FARGO HOME MORTGAGE INC RETURN - OUT OF COUNTY R. Thomas Kline , duly sworn according to law, and inquiry for the within named DEFENDANT WELLS FARGO HOME MORTGAGE INC but was unable to locate Them deputized the sheriff of DAUPHIN Sheriff or Deputy Sheriff who being says, that he made a diligent search and in his bailiwick. County, serve the within COMPLAINT & NOTICE to wit: He therefore Pennsylvania, to On July 3rd , 2003 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 .00 .00 37.00 07/03/2003 ~. Thofnas '~line Sheriff of Cumberland County SNELBAKER BRENNEMAN SPARE Sworn and subscribed to before me this ,yE day of ~ ~2~O3 A.D. rothonot ar~ ! ~ In The Court of Common Pleas of Cumberland County, Pennsylvania Sylvester D. Deimler et al VS. Wells Fargo Hcme Mortga§e Inc. SERVE: same N0. 03-2335 civil Now, June 18, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby, deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service ~X~OW~ within ,20 , at o'clock M. served the upon by handing to and made lmown to copy of the original the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this __ day of ,20 COSTS SERVICE MILEAGE AFFIDAVIT Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistam Chief Deputy Commonwealth of Pennsylvania County of Dauphin AND NOW:June 23, 2003 REINSTATED COMPLAINT WELLS FARGO HOME MORTGAGE INC to BILL NOLL (EMPLOYEE) of the original to him/her the contents thereof at 1 REINSTATED COMPLAINT : DEIMLER SYLVESTER ET AL vs : WELLS FARGO HOME MORTGAGE INC Sheriff's Return No. 1461-T - -2003 OTHER COUNTY NO. 03 2335 at 12:00PM served the within upon by personally handin9 true attested copy(ies) and makin9 known 114 WEST CHOCOLATE AVENUE HERSHEY, PA 17033-0000 Sworn and subscribed to %.~bef°re~.~,~,~me this~23RD3~}~r~)day of .,.TUNE, PROTHONOTARY 2003 SO Answers, By Deputy Sheriff Sheriff's Costs: $0.00 PD 00/00/0000 RCPT NO SS SYLVESTER D. DEIMLER and DIANE C. DEIMLER, Plaintiffs, WELLS FARGO HOME MORTGAGE, 1NC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO: 03-2335 CIVIL ACTION ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of defendant Wells Fargo Home Mortgage, Inc., in the above-referenced matter. BY: DUANE MORRIS LLP Richard H. Lowe, Esquire I.D. # 43973 Salil P. Patel, Esq~fire I.D. # 75634 4200 One Liberty Place Philadelphia, PA 19103-7396 Attorneys for Defendant, Wells Fargo Home Mortgage, Inc. Date: November 26, 2003 pH2\766286. I CERTIFICATE OF SERVICE I, Salil P. Patel, hereby certify that a copy of the foregoing Entry of Appearance of Defendant, Wells Fargo Home Mortgage, Inc., was served upon opposing counsel on this 26th day of November 2003, via regular U.S. Mail, postage pre-paid, at the below listed address: Richard C. Snelbaker, Esquire SNELBAKER, BRENNEMAN & SPARE, P.C. 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 Salil P. Patel PH2\766105.1 SYLVESTER D. DEIMLER and DIANE C. DEIMLER, Plaintiffs, V. WELLS FARGO HOME MORTGAGE, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO: 03-2335 CWIL ACTION NOTICE TO PLEAD TO: Richard C. Snelbaker, Esquire SNELBAKER, BRENNEMAN & SPARE, P.C. 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 You are hereby notified to file a written response to the enclosed New Matter of Defendant Wells Fargo Home Mortgage, Inc., within twenty (20) days from service hereof or a judgment may be entered against you. Date: November 26, 2003 DUANE MORRIS LLP BY: Richard H. Lowe, Esquire I.D. # 43973 Salil P. Patel, Esquire I.D. # 75634 4200 One Liberty Place Philadelphia, PA 19103-7396 Attorneys for Defendant, Wells Fargo Home Mortgage, Inc. PH2\766054.1 SYLVESTER D. DEIMLER and DIANE : C. DEIMLER, : Plaintiffs, : V. : WELLS FARGO HOME MORTGAGE, : .. Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO: 03-2335 CiVIL ACTION ANSWER WITH NEW MATTER OF DEFENDANT, WELLS FARGO HOME MORTGAGE~ INC. TO PLAINTIFFS' COMPLAINT Defendant Wells Fargo Home Mortgage, Inc. ("Wells Fargo"), by and through its undersigned counsel, Duane Morris LLP, answers plaintiff's Complaint as follows: 1. Denied. After reasonable investigation, Wells Fargo is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph. 2. Admitted in part; denied in part. It is admitted that Wells Fargo is a corporation which does business in Pennsylvania. It is denied that Wells Fargo Home Mortgage, Inc., maintains a place of business at 4900 Carlisle Pike, Hampden Township, Cumberland County, Pennsylvania. 3. Denied. After reasonable investigation, Wells Fargo is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph. 4. Admitted. 5. Admitted. 6. Denied. After reasonable investigation, Wells Fargo is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph. PH2\766054.1 7. Denied. After reasonable investigation, Wells Fargo is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph. 8. Denied. After reasonable investigation, Wells Fargo is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph. 9. Denied. The allegation of this paragraph states a legal conclusion to which no response is required. 10. Denied. After reasonable investigation, Wells Fargo is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph. 11. Denied. The referenced letter, being in writing, is attached to plaintiffs' complaint and speaks for itself. 12. Denied. The referenced letter, being in writing, is attached to plaintiffs' complaint and speaks for itself. 13. Denied. The referenced letter, being in writing, is attached to plaintiffs' complaint and speaks for itself. 14. Admitted. 15. Admitted. 16. Denied. The allegations of this paragraph state legal conclusions to which no response is required. 17. Denied. The allegations of this paragraph state legal conclusions to which no response is required. By way of further answer, after reasonable investigation, Wells Fargo is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph regarding plaintiffs' aileged losses and damages. PH2\766054.1 2 WHEREFORE, defendant Wells Fargo respectfully requests that this Court enter judgment in its favor and against plaintiff, together with all reasonable costs, attorneys' fees, and such other relief as is deemed equitable and just. NEW MATTER 1. Plaintiffs have failed to state a claim upon which relief may be granted. 2. Plaintiffs' claims are barred by their failure to mitigate damages. 3. Plaintiffs' claims are barred by lack of adequate notice to defendant. 4. Plaintiffs' claims are barred by the lack of damages or loss sustained by plaintiffs. 5. Plaintiffs' claims are barred because defendant Wells Fargo filed a Satisfaction of Mortgage with the Recorder of Deeds of Cumberland County on July 24, 2003. A copy of this Satisfaction of Mortgage is attached hereto as Exhibit "A." 6. Plaintiffs' claims are barred by the applicable statute of limitations. 7. Plaintiffs' claims are barred by the doctrine of laches. WHEREFORE, defendant Wells Fargo respectfully requests that this Court enter judgment in its favor and against plaintiff, together with all reasonable costs, attorneys' fees, and such other relief as is deemed equitable and just. BY: Respectfully submitted, DUANE MORRIS LLP Richard H. Lowe, Esquire I.D. # 43973 Salil P. Patel, Esquire I.D. # 75634 4200 One Liberty Place Philadelphia, PA 19103-7396 Attomeys for Defendant, Wells Fargo Home Mortgage, Inc. Date: November 26, 2003 PH2\766054.1 3 3 9,2 Y¥ Recording Requested By: Wells Fargo Home Mortgage, Inc. When Recorded Return To; SYLVESTER DEIMLER 128 SALEM CHURCH ROAD MECHANICSBURG, PA 17055 IIIIIJBIIIIII{I{I{II{IIIIIIII I IilII{I{{III{ I f ti n of WFHM - CLIENT 472 #:1225795R "DEIMLER" Cumberland, Pennsylvania Made this date July 18th, 2003 Name of Mortgagor: SYLVESTER D. DEIMLER AND DIANE C, DEIMLER Name of Original Mortgagee: NORWEST MORTGAGE, INC. Current Owner: Wells Fargo Home Mortgage, Inc. f/k/a Norwest Mortgage, Inc. who by signing below certilles that: The address of the Last Assignee is 4185 HALLMARK PARKWAY, MAC X0702-013, SAN BERNARDINO, CA 92407 Date of Mortgage: 09/14/1993 Original Mortgage Debt: $65,000.00 Mortgage recorded on 0912011993 in the Office of the Recorder of Deeds of Cumberland County, State of Pennsylvania, in BooldReel/Uber: 1165 Page/Folio: 28 as Instrument/Document: N/A Property Address: 128 SALEM CHURCH ROAD, MECHANICSBURG, PA '17055 in the Township HAHPDF, N Assessor's/Tax ID No. 10-20-1838-016 The undersigned hereby certifies that the debt secured by the above-mentioned Mortgage has been fully paid or otherwise discharged and that upon the recording hereof said Mortgage shall be and is hereby fully and forever satisfied and discharged. Witness the due execution hereof; W~:argo Home Mortgage, In%f/k/a Norwest Mortgage, Inc. Loan Documentation STATE OF California COUNTY OF San Bernardino On July 16th, 2003, before me, ANNORA N. HALL, a Notary Public in and for San Bernardino in the State of California, personalty appeared DARNETTA HARRIS, Vice President Loan Documentation of Wells Fargo Home Mortgage, Inc. f/k/a Norwest Mortgage, Inc., personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/ars subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ANNORA N. HALL Notary Expires: 02/07/2007 #1398781 (This area for notarial seal) { (~nrfJ ~'v J-lliq tn h~' rr, PnrH~rJ ~ VERIFICATION I, Salil P. Patel, hereby state that I am an attorney for Wells Fargo Home Mortgage, Inc. ("Wells Fargo"), and verify that the statements made in the foregoing Answer with New Matter of Wells Fargo Home Mortgage, Inc., to Plaintiffs' Complaint,, are true and correct to the best of my knowledge, information and belief, and are based on information from Wells Fargo. Amanda Hill, the proper Wells Fargo representative with the authority to sign a party Verification, is located out of state, and therefore, her Verification could not be obtained within the time allotted for the filing of the herein document. I will obtain her Verification promptly and expeditiously file the same with the Court along with a Praceipe to Substitute Verification. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unswom falsification to authorities. SalilP. Patel Date: November 26, 2003 PH2\766282.1 CERTIFICATE OF SERVICE I, Salil P. Patel, hereby certify that a copy of the foregoing Answer with New Matter of Defendant, Wells Fargo Home Mortgage, Inc., to Plaintiffs' Complaint was served upon opposing counsel on this 26th day of November 2003, via regular U.S. Mail, postage pre-paid, at the below listed address: Richard C. Snelbaker, Esquire SNELBAKER, BRENNEMAN & SPARE, P.C. 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 Salil P. Patel PH2\766105,1 SYLVESTER D. DEIMLER and DIANE C. DEIMLER, Plaintiffs, V. WELLS FARGO HOME MORTGAGE, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO: 03-2335 CIVIL ACTION PRAECIPE TO SUBSTITUTE VER/FICATION FOR THE ANSWER WITH NEW MATTER OF DEFENDANT, WELLS FARGO HOME MORTGAGE, INC., TO PLA/NTIFFS' COMPLAIN'r TO THE PROTHONOTARy: Kindly substitute the attached Verification of Defendant, Wells Fargo Home Mortgage, Inc., for the attorney Verification which was attached to the Answer with New Matter of Defendant, Wells Fargo Home Mortgage, Inc., to Plaintiffs' Complaint, which was filed with the Court on or about November 28, 2003. DUANE MORRIS LLP BY: Richard H. Lowe, Esquire I.D. # 43973 Salil P. Patel, Esquire I.D. # 75634 4200 One Liberty Place Philadelphia, PA 19103-7396 Attorneys for Defendant, Wells Fargo Home Mortgage, Inc. Dated: December 2, 2003 PH2\766789,1 VERIFICATION I, Amanda Hill, hereby verify that I am VP of Loan Documentation at Wells Fargo Home Mortgage, Inc., and am authorized to make this verification on its behalf. I hereby verify that the statements made in the foregoing Answer with New Matter to Plaintiffs' Complaint are true and correct to the best of my knowledge, information and belief and that these statements are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: November ~', 2003 Amanda Hill PH2\766073.1 LAW OFFICES SNEIBAKER. BRENNEMAN & SPARE SYLVESTER D. DEIMLER and DIANE C. DEIMLER, Plaintiffs, VS. WELLS FARGO HOME MORTGAGE, INC. Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO: 03-2335 CIVIL TERM : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE ACTION TO: PROTHONOTARY OF CUMBERLAND COUNTY The above-captioned action has been settled. Please cause the record in this matter to be discontinued with prejudice. CC: Richard H. Lowe, Esquire Attorney for Defendant SNELB~AN &~SPARE, P.C. 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiffs