HomeMy WebLinkAbout12-6098<~ ~,1 . r
'a'Z OC7 - ~ ~~~ 9~ 2 f
~c~a~~F~~ar~a c
~~'~~~YLyAN~~dr;~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK, NA
3476 STATEVIEW BOULEVARD CIVIL DIVISION
FORT MILL, SC 29715 .U1'
Plaintiff, NO.: (`~ - ~ ~
vs.
BONNIE BLOUNT
JON M. BLOUNT, SR
103 FARM ROAD
NEWVILLE, PA 17241-9508
Defendants.
CIVIL ACTION -COMPLAINT IN MORTGAGE FORECLOSURE
And now comes WELLS FARGO BANK, NA, by its attorneys, Phelan Hallinan &
Schmieg, LLP and files this Complaint in Mortgage Foreclosure as follows:
1. The Plaintiff is WELLS FARGO BANK, NA, 3476 STATEVIEW
BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff').
2. The Defendants, BONNIE BLOUNT and JON M. BLOUNT, SR, are individuals
whose last known address are 103 FARM ROAD, NEWVILLE, PA 17241-9508.
3. On or about July 26, 2010, BONNIE BLOUNT and JON M. BLOUNT, SR made,
executed and delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS
A NOMINEE FOR PRIMELENDING, A PLAINSCAPITAL COMPANY a Mortgage in the
original principal amount of $145,706.00 on the premises hereinafter described,
062-PA-V2
with said
Q.lu~~~a3.7,5~~b~,
Mortgage being recorded in the Office of the Recorder of CUMBERLAND County in Instrument
No. 201021575. 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 aze of public record.
4. Plaintiff is the current holder of the Mortgage. By Assignment of Mortgage
recorded February 28, 2012, the mortgage was assigned to WELLS FARGO BANK,•NA which
was recorded in the Office of the Recorder of CUMBERLAND County in Instrument No.
201205840. The Assignment 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 aze of public record.
5. BONNIE BLOUNT and JON M. BLOUNT, SR are record and real owners of the
aforesaid mortgaged premises.
6. Defendants aze in default under the terms of the aforesaid Mortgage for, inter alia,
failure to pay the monthly installments of principal and interest due September 1, 2011.
7. On June 8, 2012 and August 10, 2012, Defendant(s) were mailed a Notice of
Intention to Foreclose Mortgage, in compliance with Act 6 of 1974, 41 P.S. §101, et seq.
8. As of September 19, 2012, the amount due and owing Plaintiff by Defendants is
as follows:
Principal Balance $143,556.34
Interest $8,129.92
08/01/2011 through 9/19/2012
Late Charges $208.06
Property Inspections $15.00
Escrow Deficit $3,559.67
Suspense Balance ($699.16)
TOTAL $154,769.83
062-PA-V2
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.
9. 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 a separate legal action if such right exists. If Defendant(s) have received a discharge of
personal liability under the aforesaid Note 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 $154,769.83, with interest thereon plus additional costs (including additional
escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the
mortgaged premises.
By:
Date: Melissa J. Cantwell, Esq., Id. No.308912
S E P 2 8 2011 Attorney for Plaintiff
062-PA-V2
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice
are served by entering a written appearance personally or by attorney and filing in writing with
the Court your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so, the case may proceed without you, and a judgment may be entered against you
by the Court without further notice for any money claimed in the Complaint or for any other
claim or relief requested by the plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY ATTORNEY
REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
(800)990-9108
File #: 306291
LEGAL DESCRIPTION
THE land referred to herein below is situated in the county of Cumberland, state of Pennsylvania,
and is described as follows:
ALL THAT CERTAIN tract of land situate in Penn township, Cumberlard county, Pennsylvania,
bounded and described as follows:
BEGINNING at a point in the center of township road no. 344, also known as farm, road on the
dividing line between lots nos. 18 and 19 on the hereinafter mentioned plan of lots thence by said
dividing line, south 54 degrees 14 minutes 20 seconds west, 200 feet to a point; thence by land
now or formerly of Wilbert L. Diehl and Shryle M. Diehl, husband and wife, north 36 degrees 17
minutes 40 seconds west, 100 feet to a point thence by the dividing line between lots nos. 19 and
20 on said plan of lots. north 54 degrees 14 minutes 20 seconds east, 200 feet to a point in the
center of township road no. 344 aforesaid; thence by the center of said road, south 36 degrees 17
minutes 40 seconds east, 100 feet to the place of beginning.
Parcel ID: 31-11-0300-060
Commonly known as 103 Farm Road, Newville, PA 17241
However, by showing this address no additional coverage is provided
PROPERTY ADDRESS: 103 FARM ROAD, NEWVILLE, PA 17241-9508
PARCEL # 31-11-0300-060
File N: 306291
VERIFICATION
Linda Duncan, hereby states that h she is Vice President Loan Documentation of
WELLS FARGO BANK, N.A., plaintiff in this matter, that he sh is authorized to make
this Verification, and verify that the statements made in the foregoing Civil Action in
Mortgage Foreclosure are true and correct to the best of his h~e information and belief.
The undersigned understands that this statement is made subject to the penalties of 18 Pa.
C.S. Sec. 4904 relating to unsworn falsification to authorities.
Name: Linda Duncan
DATE: --~ .
Title: Vice President Loan Documentation
Wells Fargo Bank, N.A.
Name: Blount
File #: 306291
086-PA-v 1
FORM 1
1N THE COURT OF COMMON PLEAS
WELLS FARGO BANK, NA OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s) '~~ ~~
-
---
~,~
vs. ~ ~,.~ cam.., r:..
BONNIE BLOUNT ~ r ~
JON M. BLOUNT, SR ^ rte-- ~ ~
~ ~- r:
Defendant(s) o~- ~
Civil
~Q
~ ~a
NOTICE OF RESIDENTIAL MORTGAGE FORECLU~E
ca ~.-
~ ' '
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 maybe able to
participate in acourt-supervised conciliation conference in an effort to resolve this matter with your lender.
If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference.
First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400
extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you.
Once you have been appointed a legal representative, you must promptly meet with that legal representative within
twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all
requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal
representative complete a fmancial worksheet in the format attached hereto, the legal representative will prepare and a
Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the
service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an
opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your
lender before the mortgage foreclosure suit proceeds forward.
If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a
conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal
representative. However, you must provide your lawyer with all requested financial information so that a loan resolution
proposal can be prepared on your behalf. If you and your lawyer complete a fmancial worksheet in the format attached
hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed
within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is
scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable
arguments with your lender before the mortgage foreclosure suit proceeds forward.
IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS
REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Respectfully submitted:
SEP 18 219
Date
C~ -
Melissa J. Cantwell, Esq., Id. No.308912
Attorney for Plaintiff
FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket #
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance, your lender must consider your circumstances to determine
possible options while working with your counseling agency. Please provide the following information to
the best of your knowledge:
Borrower name(s):
Property Address:
City:
Is the property for sale?
Realtor Name:
Borrower Occupied?
Mailing Address (if different):
City:
Phone Numbers:
Email:
# of people in household:
Mailing Address:
City:
Phone Numbers:
Email:
# of people in household:
First Mortgage Lender:
Type of Loan:
How long?
Loan Number:
Second Mortgage Lender:
Type of Loan:
Loan Number:
State: Zip:
Yes ^ No ^ Listing date: Price: $
Realtor Phone:
Yes ^ No ^
State: Zip:
Home: Office:
Cell: Other:
How long?
Home:
Cell:
Office:
Other:
State: Zip:
Date You Closed Your Loan:
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:
Amount owed: Value:
Automobile #2: Model:
Amount owed: Value:
Other transportation (automobiles, boats, motorcycles): Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
Year:
Year:
l . Monthly Gross Monthly Net
2. Monthly Gross Monthly Net
3. Monthly Gross Monthly Net
Additional Income Description (not wages):
1. monthly amount:
2. monthly amount:
Borrower Pay Days: Co-Borrower Pay Days:
Monthly Ezuenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mort a e Food
2° Mort a e Utilities
Car Pa ent s Condo/Nei .Fees
Auto Insurance Med. not covered
Auto fueUre airs Other ro . a ment
Install. Loan Pa ment Cable TV
Child Su rt/Alim. S endin Mone
Da /Child Care/Twit. Other Ex enses
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 known, regarding your lender and lender's loan servicing
company:
Lender's Contact (Name):
Servicing Company (Name):
Contact: Phone:
Phone:
UWe, 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. UWe understand that Uwe am/are under no obligation to
use the counseling services provided by the above named ..
Borrower Signature
Date
Co-Borrower Signature Date
Please forward this document along with the following information to lender and lender's
counsel:
1. Proof of income
2. Past 2 bank statements
3. Proof of any expected income for the last 45 days
4. Copy of a current utility bill
5. Letter explaining reason for delinquency and any supporting documentation (hardship
letter)
. •6. Listing agreement (if property is currently on the market)
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith's
Chief Deputy 'n i {
, , ? ? OCT 16 AM 9: 05
Richard W Stewart
11 .
Solicitor OFFICE THE s"ERIFF UMBERLAND oijU` l
''E' INSYL'wAN!A
Wells Fargo Bank, N.A. Case Number
vs.
Bonnie Blount (et al.) 2012-6098
SHERIFF'S RETURN OF SERVICE
10/03/2012 03:44 PM - William Cline, Corporal, who being duly sworn according to law, states that on October 3,
2012 at 1544 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of
Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Bonnie
Blount, by making known unto Jon Blount Sr., Husband of Bonnie Blount at 103 Farm Road, Newville,
Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him personally the
said true and correct copy of the same.
W<AM CLINE, DEPUTY
10/03/2012 03:44 PM - William Cline, Corporal, who being duly sworn according to law, states that on October 3,
2012 at 1544 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of
Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Jon M.
Blount, Sr., by making known unto himself personally, at 103 Farm Road, Newville, Cumberland County,
Pennsylvania 17241 its contents and at the same time handing to him personalI he said true and correct
copy of the same.
IA CL N , DEPUTY
SHERIFF COST: $56.00
October 10, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
(c) CountySuite Shenff, Teleosort, Inc.