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HomeMy WebLinkAbout13-0623(lr ~3E i'rit1Tl~~'d0~'f~°;. 1~~3F~$ -~i ~~ ~~ ~~ C1Jr~4~ERL~Nf~ COEI~i''t' ~'G~NS`(tVANi~ PHELAN HALLINAN, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff, vs. CIVIL DIVISION JOSEPH HUNTER JACOBS 2 BRENTWOOD ROAD CAMP HILL, PA 17011-2503 Defendant. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes WELLS FARGO BANK, N.A., by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage Foreclosure as follows: The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'] 2. The Defendant, JOSEPH HUNTER JACOBS, is an individual whose last known address is 2 BRENTWOOD ROAD, CAMP HILL, PA 17011-2503. w~k~1d , ~S,~a 062-PA-V3 ~ ~~ 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 April 29, 2009, JOSEPH HUNTER JACOBS made, executed and delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC AS NOMINEE FOR M&T BANK a Mortgage in the original principal amount of $206,240.00 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 Instrument No. 200914613. 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 March 26, 2012, the mortgage was assigned to WELLS FARGO BANK, NA. which Assignment is recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 201208568. 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. JOSEPH HUNTER JACOBS is record and real owner of the aforesaid mortgaged premises. 7. Defendant is in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the monthly installments of principal and interest due July 1, 2012. 062-PA-V3 8. As of 01/23/2013, the amount due and owing Plaintiff on the mortgage is as follows: Principal Balance $203,105.59 Interest $ 4,901.98 06/01 /2012 through O 1 /23/2013 Late Chazges $ 145.23 Property Inspections $ 60.00 Escrow Deficit $ 23.44 Suspense Balance $ (1,108.98) TOTAL $207,127.26 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 $207,127.26, with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Date: ~f~~ By: _ J Michael Kolesnik, Esq., Id. No.308877 nev for Plaintiff 062-PA-V3 Exhibit "A" ` ~ ._ NOTE NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE OR ITS AUTHORIZED AGENTTMENT OF VETERANS AFFAIRSC April 29, 2009 Camp Hill PENNSYLVANIA [Date) 1CitYl [State) 2 Brentwood Road Carp Hill, PA 17011 (Property Addrtss{ 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, 1 promise to pay U.S. $ 206, 240.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is M6T sank I will make al! payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 5.500 %. The interest rate required by this Section 2 is the rate 1 will pay both before and after any default described in Section 6{B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every tnonth. I will make my monthly payment on the 1st day of each month beginning on Junes 01, 2009 . [will make these payments every month until I have paid all of the principal and interest and any other charges .described below that 1 may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on May 01, 2039 , 1 still 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 PO sox 62182 , Baltimore, 1•ID 21264 or at a different place i[ required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 1,171.01 4. BORROVI°ER' S RIGHT TO PREPAY The Borrower shall have the right to prepay at any time, without premium or fee, the entire indebtedness or any part thereof not less than the amount of one installment, or $100.00, whichever is less. Any Prepayment in full of the indebtedness shall be credited on the date received, and no interest may be charged thereafter. Any partial Prepaymm~t made on other than an installment due date need not be credited until the neat following installment due date or 30 days after such Prepayment, whidtever is earlier. PENNSYLVANIA FIXED RATE NOTE-Singla Family-Fannis MaelFreddis Mac UNIFORM INSTRUMENT Amended to Veta'ana Aftaks Form 32110 1101 Amended 8/00 Wolters Kluwer Financial Services VMP®-SG[PA) to7o~l Pape 1 of 3 Initiak: 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loam charges, is finally interpreted so that the interest or other loan charges rnllected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall'be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already 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 Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Lale Charge for Overdue Payments if the Note Holder Itas not received the full amount of any monthly payment by the end of Fifteen calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 4.000 9'0 of my overdue payment. {will pay this late charge promptly but only once on each late payment. {B) Default If I do not pay the full amount of each monthly payment on rite date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if l do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I ant in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will aril! have the tight to do so if [ am in default at a later time. (E) Payment of Note Holder's Coals and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to rite extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me al the Property Address above or at a different address if 1 give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A} above or at a different address if I am given a notice of that different address. S. OBLIGATIONS OF PERSONS UNDER 'I'RIS NOTE [f more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand paytrtertt of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. rro~m 3200 VMP®-5(i1PAl 50707) yaps 2 of 3 ~Mt4b: 10. AGLONGE TO THIS NOTE If ~n allonge providing Cor payment adjustments or for any other supplemental information is executed by the Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable boa] ^ Graduated Payment Aloonge ~ ^ Other [Specify] 11. UNIFORM SECURED NOTE This Note is a uniform instrutt~rtt with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions 1 may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Regulations (38 C.F.R. Pan 36) issued under the Department of Veterans Affairs ("VA") Guaranteed Loan Authority (38 U.S.C. Chapter 37) and in effect on the date of loan closing shall govern the rights, duties and liabilities of the parties to this loan and any provisions of this Nvte which are inconsistent with such regulations are hereby amended and supplemented to conform thereto. This is a contract under seal and may be enforced under 42 PA. C.S. Section 5529(b). WITNESS THE HAND(S) AND Hunter (Seal) -Borrower -(~) -Burrower (~) _ -Borrower ~' ^ Other [Specify] _, (Seal) -Borrower (Seal) -Borrower PAY TO THE ORDER OF: WELLS FARGO BANK, N.A. WITHOUT RECOURSE, MST 8<a1NK couRS~ PAY TO THE SIGNt=tgnrrdureFL .. _ _. _ J . w>=t. FARGO ASK. "•A• NAME: ERIN L. DOERFI,Ea sy ___=~~~M. swanso~~~^ TITLE: ASSISTANT VIC~ PRESI s~ DENT Assistant Vice President _- VMP®-5ti(PA) ~o~o~t OF THE UNDERSIGNED. Psgs 3 of 3 (Seal) -Borrower _ (Seal} -Borrower /Sign Original Onlyl Form 3200 1101 Exhibit "B" LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground with the buildings and improvements thereon erected, situate in the Township of East Pennsboro, County of Cumberland, and Commonwealth of Pennsylvania, bounded and described in accordance with a survey made by D.P. Raffensperger, Registered Surveyor, on July 26, 1956, as follows, to wit: BEGINNING at a point on the northerly line of Brentwood Road, at the westerly line of Lot No. 11, Block "G" on the Plan hereinafter mentioned, which point is at the distance of three hundred fifty-three and seventy one-one hundredths feet (353.71') westwardly of the intersection of Brentwood Road with Brier Road; thence along the northerly line of Brentwood Road south fifty-four degrees, sixteen minutes west, seventy-five feet (S. 45° -16 min. W. 75') to a point at the easterly line of Lot No. 13, Block "G"; thence along said line north thirty-five degrees, forty- four minutes west one hundred three and forty-two one-hundredths feet (N. 35° -44 min. W. 103.42 `) to a point on the easterly line of Lot No. 14, Block "G"; thence along said line, north five degrees, twenty-five minutes east sixty feet (N. 5 degrees - 25 min. E. 60 feet) to a point on the southerly line of Lot No. 2, Block "G"; thence along said line north fifty-one degrees, fifty minutes east thirty-five and fifty-eight one-hundredths feet (N. 51° - 50 min. E. 35.58') to a point on the westerly line of Lot No. 11, Block "G"; thence along said line south thirty-five degrees, forty-four minutes east, one hundred fifty feet (S. 35° - 44 min. E. 150') to the first mentioned point and place of BEGINNING. PROPERTY ADDRESS: 2 BRENTWOOD ROAD, CAMP HII.L, PA 17011-2503 PARCEL # 09-19-1590-030. File #: 312806 VERIFICATION Jasmin McLean, hereby states that he/the js Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff in this matter, that he/p~. J s 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 er '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. Name: in McLean Title: Vice President Loan Documentation Company: Wells Fargo Bank, N.A. Date: 01/28/2013 086-PA-V2 File # 312806 FORM l WELLS FARGO BANK, N.A. Plaintiff(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. -- '.~ ~ ~-n ~. Crn~7 ~r t `'' T' '' ~ ~`~ Q C1-G r ~ ~ ~~ J C l -~i t~_ ~ `i t t..- ivi ~~ xr ~ MORTGAGE FORECL(TRE ~ '- vs. JOSEPH HUNTER JACOBS Defendant(s) NOTICE OF RESIDENTIAL DIVERSION PROGRAM -~; ~ ~" You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in 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) 2439400 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 lega>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 prg~are 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 resibution 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 lenderbefore 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. 2fs Date Yohn Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff 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. I/We 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) 6. Listing agreement (if property is currently on the market) FORM 2 Date Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet 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: Loan Number: State: Zip: Yes ^ No ^ Listing date: Price: $ Realtor Phone: Yes ^ No ^ State: Zip: Home: Office: Cell: Other: How long? Home: Office: Cell: Other: State: Zip: How long? 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 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 tran~ortation (automobiles boats, motorcvclesl: Model: Year: Amount owed: Value_ Monthly Income Name of Employers: 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 Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mort a e Food 2" Mort a 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 ment Cable TV Child Su ort/Alim. S endin Mone Da /Child Care/Tuft. 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: Year: Year: Counselor: Phone (Office): Fax: 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 #: 312806 Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 1 215-563-7000 `2 MCD " WELLS FARGO BANK,N.A. Court of Common Pleas =:�a °v , Plaintiff )r- -<> Civil Division r— vs A n :;, CUMBERLAND County c _ c-)r-Y', JOSEPH HUNTER JACOBS D Defendant No. 13-623-CIVIL -< PRAECIPE TO THE PROTHONOTARY: ❑ Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ® Please mark the above referenced case Settled,Discontinued and Ended. ❑ Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. ❑ Please mark the in rem judgment Satisfied and the action Discontinued and Ended. ❑Please Va/ to t Judgment entered. Date: ` PHEL HALLIN LLP By: Joseph A.Desso e,Esq.,Id. No.200479 Attorney for Plaintiff PHS#312806 Phelan Hallinan,LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1.400 One Penn Center Plaza Philadelphia,PA 1.9103 21.5-563-7000 WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County JOSEPH HUNTER JACOBS No. 13-623-CIVIL Defendant PHS#312806 CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: JOSEPH HUNTER JACOBS 2 BRENTWOOD ROAD CAMP HIL7W12 11-2503 Date: 7 P LAN HAL AN,L P By: Joseph A.D ss e,E .,Id. No.200479 Atto y for Plaintiff