HomeMy WebLinkAbout12-7623..~s -r}
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PHELAN HALLINAN & SCHMIEG, LLP ATTORNEY FOR PLAINTIFF
John Michael Kolesnik, Esq., Id. No.308877
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK, N.A.
3476 STATEVIEW BOULEVARD CIVIL DIVISION
FORT MILL, SC 29715
Plaintiff, NO.:
vs. 1 ~ -`7~~-.3 cam` fi~~
RICHARD E. REED, JR A/K/A RICHARD E. REED
CAROLS L. REED
2 PAZ'TON ROAD
MECHANICSBURG, PA 17055-2786
Defendants.
CIVIL ACTION - ..COMPLAINT IN MORTGAGE FORECLOSURE
And now comes WELLS FARGO BANK, N.A., by its attorneys, Phelan Hallinan &
Schmieg, LLP 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 Defendants, RICHARD E. REED, JR A/K/A RICHARD E. REED and
062-PA-V3 ,j jD 3` ~~~ dC~~
CAROLE L. REED, are individuals whose last known address are 2 PATTON ROAD,
MECHANICSBURG, PA 17055-2786.
3. 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
Note or the Promissory Note has been duly indorsed. A true and correct copy of said Promissory
Note is marked Exhibit "A", attached hereto and made a part hereof.
4. On or about September 22, 1999, RICHARD E. REED, JR and CAROLE L.
REED made, executed and delivered to PNC MORTGAGE CORP. OF AMERICA, AN OHIO
CORPORATION a Mortgage in the original principal amount of $120,650.00 on the premises
described in the legal description marked Exhibit "B", attached hereto and made a part hereof.
Said Mortgage being recorded in the Office of the Recorder of CUMBERLAND County in Book
1573, Page 606. 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.
5. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded April 5,
2007, the mortgage was assigned to WELLS FARGO BANK, N.A. which Assignment is
recorded in the Office of the Recorder of CUMBERLAND County in Book 0735, Page 3473.
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 are of public record.
6. RICHARD E. REED, JR A/K/A RICHARD E. REED and CAROLE L. REED
are record and real owners of the aforesaid mortgaged premises.
7. Defendants are in default under the terms of the aforesaid Mortgage for, inter alia,
failure to pay the monthly installments of principal and interest due June 1, 2012.
062-PA-V3
8. As of November 20,2012 the amount due and owing Plaintiff on the mortgage is
as follows:
Principal Balance $ 98,984.89
Interest
05/01/2012 through 11/20/2012 $ 4,371.61
Late Charges $ 177.04
Property Inspections $ 45.00
Escrow Deficit $ 1,239.84
TOTAL $ 104,818.38
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. 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).
10. 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 in a bankruptcy proceeding, this action is in no way an attempt to re-establish
such liability.
062-PA-V3
WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the
amount due of $ 104,818.38 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:
Bate: 12//7 2
Michael Kolesnik, Esq., Id. No.308877
nev for Plaintiff
062-PA-V 3
Exhibit "A"
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ti,
~~ ~ ,~.. _ Lender #:
September 22, 1999 Huatin don
g Pennsylvania
1~~I [Ci0'1
[staoe]
2 Patton Drive
lteohaniosbury, PA 17055
[Property Addrcssl
11. BORROWER'S PROMISE TO PAY
In realm far a loan that I have retxived, I promise to pay U.S. $ iZ 0, 650.00 - - - - - - - - - - (~ amount is called
"principal"), plus interest, to the order of the Leader. The Lender is PNC l[ortgage Corp. of America, an Ohio
Corporation
. I understand
that the Lender may transfer this Note. The Lender ar anyone who takes this Note by transfer and who is entitled to receive
payments utxier this Note is called the "Note Haider."
2. AVTEREST
Interest will be chazged on unpaid principal until the full amount of principal has been paid. I will pay iutertst at a yearly
rate of 8.000 ~,
The interest rate required by this Section 2 is the rate I wilt pay both before and after arty default described in Section G(13)
of this Note.
3. PAYMENTS ~ -
(A) Tune and Place o[ li'aymeats
I will pay principal and interest by making Payments every month,
I will make my monthly payments on the 1st day of each month beginning on Nave®ber 1
1999 . I will make these payments every month until i 6ave paid al[ of the principal and interest and any other charges
described below that t may owe under this Note, My monthly payments will be applied to interest before principal, If, on
October i, xOZ9 , I stilt owe amounts under this Note, I will pay those amounts in full on that date,
which is called the "Maturity Date."
I will make my monthly payments at 7S North Fairway Drive Varaon Hi1ZaII, IL 60061
(B) Arao~ent of Monthl Pa or at a different place if required by the Note Helder.
Y Ym~~
My monthly payment wilt be in the amount of U.S. $ 885. Z9
4. BORROWER'S RIGHT TO PREFAY
[ have the right to make payments of principal at any time before they arc due. A payment of principal only is known as a
"prepayment." When [ make a prepayment, I will tell the Note Holder in writing that I am doing so.
I may make a full prepayment or partial pr+epatytnents without paying any prepayment +dtarga The Note Holder will use all
of my prepayments to reduce the amount of principal that I owe under this Note, If I make a partial prepaytttent, there will be
no changes in the due date or in the amount of my nxxttttly payment unless the Nate Holder agt+oes in writing to those changes.
5. LOAN CHARGES
if a law, which applies to this loan and whidt sets maximum loan dtarges, is finally interpreted so that the interest or
other loan charges collected ar to be collected in catttiiaxion with this loan exceed the permitted limits, then: (i) any such loan
charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums atre~[y collected
from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by
reducing the principal I owe under this Nate or by making a direct payment to me, If a refund reduces principal, the reductiai
will be treated as a partial prepayment.
5. BORROWER'S FAILURE TO PAY AS REQUiREp
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after
the date it is due, I will pay a late dtazge to the Nate Holder. The: amount of the charge will be 5.000 y~, of
my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment.
tB) (Default
If I do trot pay the full amount of each monthly payment an the date it is due, I will be in default.
MULTISTATE FIXED RATE NOl'E - Single Family - FNMA1FHlMC Uniform Insrrumant
-P5R ts~oef.oe ~- 3200 12/83
Arrnnded 5191
rM ELECTRONIC U1SFR FORMS, INC. - (BODt32T.664
Ppo t of 2 INlf"Is:
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(C) Notice ai' Default ~ '
If I am in default, the Nate Holder may send me a written notice telling me that if I da not pay the overdue amount by a
certain daft, the Note Holder may require me•to pay immediately the foil amount of principal which has not been paid and all
the interest that I owe an that amount. That date must be at least 3(} days after the date on which the notice is delivered or
mailed to me.
(D) No Waiver by Note Holder
Even if, at a time when I am in default, the Note Holder dog not require t~ to pay immediately in full as described
above, the Nott Holder will still have the right to do so if 1 am in default at a later time.
(E} Payment of Note Raider's Costs and Expenses
If the Note Holder has required me to pay imt:tediatcly in full as described above, the Nate Holder will have the right to
be paid back by me for all of its costs and expenses in enfaroing this Noce to the extent sot prohibited by applicable law. Those
expenses include, for example, reasonable attorneys' fns.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that tmtst be given to me under this Note will be given by
delivering it or by mailing it by first class mail to the at the Property Address above or at a different address if I give the Note
Holder a notice of my different address,
Any ,notice that rmist be given to the Note Hol~r under this Note will be given by mailingg it by first class mail to the
Noce Holder at the address stated in Section 3(A) above or at a different address if I am given a natlce of that different address.
$. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more them one person signs this Note, each person is fully and personally obligated to koep 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 co do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety
or endorser of ties Note, is also obligated to keep all of the promises made in this Nate. The Note Helder may enforce its
rights under this Note against each person individually or against all of us together. This means that arty ono of us may be
required to pay all of the amounts awed under this Note.
9. WAIVERS
I and any other person who has obligations under this Noie waive tae rights of presentment attd notice of dishonor.
"Presentment" ntearts the t7ght to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the
right to ~~eeqquirc the Note Holder to give notice to other persons that amauctts due have not been paid.
10. i1TR~FORM SECURED NOTE
This Note is a uniform instrutcent with limited variations in some jurisdictions. in addition to the protections given to the
Note Holder under this Note, a Mortgage, Deed of Tntst or Security Deed {the "Security Instrument"), dad the same date as
this Note, protects the Note Holder from possible losses which might result if I da nat keep the promises which I make in this
Note. That Security Instrument describes how and under what conditions l may be required to mako immediate payment in full
of all artmunts I owe under this Note. Some of those conditions are described as follows:
TSransfcr of the Prnperty or a Benefidal Interest is Horrawer. if all or atry part of the Property or any
interest in it is sold or transferred (or if a beneficial interest is Borrower is sold ar transferrod and Borrower is
not a natural person), without Lender's prior written consent, Lender may, at its option, require immediate
payment in full of ail sums secured by this Security ]nstrume:tt. However, this option shall not be exercised
by Lender if exercise is proaibited by federal law as of the date of this Security Ittstrutnent.
If Lender exercises this option, Lender shall give Borrower notice of Aeration. The native shall
provide a period of not less than 3U days from the daft the notice is delivered ar mailed within which
Borrower must pay ail sums secured by this Security Inatrutttatt. If Borrower Pails to pay these sums prior to
the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without
further notice ar demand on lorrower.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
~ ~ ~ z~'~' (Seal>
RiChaxd $ Reed, '7~ -Borrower
SSN:
SSN:
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TM
. (Seal}
-Borrower
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Carole L Reed -Bomuwer
55N:
~~! TO THE ORDER OF:
. (Seal}
-Borrower
WITHOUT E Q E Isign Origtnat O~ttyj
P~1C crtgage Corp. of Amet~ca
ttsrmetary
P'a° ~~' t Form 3200 12!83
Exhibit `B"
LEGAL DESCRIPTION
ALL THAT CERTAIN piece or parcel of land situate in Mechanicsburg, Cumberland County,
Pennsylvania, more particularly bounded and described as follows, to wit:
BEGIINING at a point on the Southern side of Patton Road which point is also the dividing line
of Lots Nos. 10 and 11, Block D, on the hereinafter mentioned Plan of Lots; thence along the
dividing line of Lots Nos. 10 and 24, Block D, on the hereinafter mentioned Plan of Lots, South
79 degrees 37 minutes West 98.19 feet to a point; thence along the dividing line of Lots Nos. 10
and 25 on the hereinafter mentioned Plan of Lots North 61 degrees 37 minutes West 43.87 feet to
a point; thence along the Western side of Lot No. 10, Block D, 141.39 feet to a point on the
Southern side of Patton Road; thence by an arc curving to the left having a radius of 175 feet an
arc distance of 60.0 feet to a point, to the point and place of BEGINNING.
BEING Lot No. 10, Block D, on the final Plan of part of Blocks A,C,D,E,F, D and H,
Wynnewood Park as recorded in the Cumberland County Recorder's Office in Plan Book 90,
Page 116.
UNDER AND SUBJECT to a 25 foot building set back line.
BEING THE SAME PREMISES which R. Thomas Kline, Sheriff of the County of Cumberland
by deed dated July 5, 1999 and recorded July 7, 1999 in the Office of the Recorder of Deeds in
and for Cumberland County in Deed Book 203, Page 474, granted and conveyed unto LaSalle
National Bank, GRANTORS herein.
PROPERTY ADDRESS: 2 PATTON ROAD, MECHANICSBURG, PA 17055-2786
PARCEL # 18-22-0519-382.
File #: 31 Q395
VERIFICATION
Denise Goldston, hereby states that he/ he 's Vice President Loan Documentation
of WELLS FARGO BANK, N.A., plaintiff in this matter, that h the 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 hi /her~nformation 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.
~~~.~e~ ~T 9-Cdr--f7~~
Name: Denise Goldston
Title: Vice President Loan Documentation
Company: Wells Fargo Bank, N.A.
Date: 11 /23/2012
086-PA-V2 File # 310395
~~_ ~~,23 ~iv~"G
~~~
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.
Notice to Defend:
Lawyer Referral Service of the Bucks County Bar
Association
135 East State Street
P.O. Box 300
Doylestown, PA 18901
(215)348-9413
Filc rl: 310231
FORM 1
WELLS FARGO BANK, N.A.
vS,
Plaintiff(s)
RICHARD E. REED, JR A/K/A RICHARD E.
REED
CAROLE L. REED
Defendant(s)
1N THE COURT OF COMMON PLE~ ~.d,
--- _'-
°
OF CUMBERLAND COUNTY, PENNS~I,1NI'}~' i~
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Civil
- .~ _:
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 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, yoti must promptly meet with that legal representative within
twenty (20} days of the appointment date. During that meeting, you must provide the legal representative with all
requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal
representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and 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. Tt is not necessary for you to contact MidPenn Legal Service for the appoinhnent of a legal
representative. However, you must provide your lawyer with all requested financial information so that a loan resolution
proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached
hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed
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
Date
f Z//7/l2
J6Jafi Michael Kolesnik, Esq., Id.
0.308877
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: Homer
Cell:
State: Zip:
Office:
Other:
Email:
# of people in household: How long?
Mailing Address::
City:
Phone Numbers:
Email:
# of people in household:
State: Zip:
Yes ^ No ^ Listing date: Price:
Realtor Phone:
~_ ~.
Yes ^ No [~
State: Zip:
Home: Office:
Cell: Other:
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: $
Date of Last Payment:
__ .Included Taxes & Insurance:
Primary Reason for Default:
Is the loan in Bankruptcy? Yes ^ No ^
If yes, provide names, location of court, case number ~ attorney:
Assets Alnot[~tt O~vetl: Value:
Home: $
_ $
Other Real Estate: $ $
Retirement Funds: $
_ $
Investments: $ $
Checking: $ $_
Savings: $ _ $
Other: $ $
Automobile #l: Model: Yeari
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. Month ly-Gross Monthly-Net
2. Monthly- Gross Monthly Net
3. M~r-thly Gross Monthly Net
Additional Income Description (not wages):
1. tnanthly 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
Mort_~age___ Food
2" Mort e Utilities.
Car Pa ment s Condo/Nei h. Fees
Auto_Insurance ... .Med. not covered
Auto fuel/re airs ~ Other ro a ment
Install. Loan Pa ent Cable TV
Child Su ort/Alim. S endin Mone
Da /Child Care/Tuit. 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):
Phone:
Servicing Company {Name);
Contact: Phone:
I/We, ,authorize the above named
to use/refer this information to my lender/servicer for the sole purpose of evaluating my
financial situation for possible mortgage options. UWe understand that I/we 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)
Listing agreement (if property is currently on the market)