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PHELAN HALLINAN, LLP
Matthew Brushwood, Esq., Id. No.310592
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
NO.: ' ~ . ~ ~~ / V//
AARON PARSON
A/K/A AARON D. PARSON
85 AIRPORT ROAD
SHIPPENSBURG, PA 17257-8116
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:
1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW
BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff')
2. The Defendant, AARON PARSON A/K/A AARON D. PARSON, is an
062-PA-V3 ~~} ~~ ~3 7s)~ Q
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individual whose last known address is 85 AIRPORT ROAD, SHIPPENSBURG, PA 17257-
8116.
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 June 23, 2010, AARON PARSON and DIANE PARSON made,
executed and delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS
NOMINEE FOR FIRST OHIO BANC & LENDING, INC. a Mortgage in the original principal
amount of $152,761.00 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. 201018244. 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.
~. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded October
3, 2012, the mortgage was assigned to WELLS FARGO BANK, N.A. which Assignment is
recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 201230396.
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. AARON PARSON A/K/A AARON D. PARSON 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 August 1, 2012.
062-PA-V;
8. As of 01/25/2013, the amount due and owing Plaintiff on the mortgage is as
follows:
Principal Balance $148,088.58
Interest $4,189.11
07/01/2012 through 01/25/2013
Late Charges $296.98
Property Inspections $30.00
Escrow Deficit $1,556.67
TOTAL $154,161.34
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 action does not come under Act 91 of 1983 because the mortgage is FHA-
insured.
11. Plaintiff hereby releases Diane Parson, from liability for the debt secured by
the mortgage.
12. 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
062-PA-V3
personal liability in a bankruptcy proceeding, this action is in no way an attempt to re-establish
such liability.
WHF,REFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the
amount due of $1.54,161.34, 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: ~ ~ ~ ~ ! ~
By:
3~(ishwood, Esq., Id. No.310592
or Plaintiff
062-PA-V3
Exhibit "A"
NOTE
P7IRSON
i.oan ii: 1100 r - -
MIN:10040t+
Cost q: 446-
JUNE 23, 2010 SHIPPENSBVRG PENNSYLVANIA
[Date] [City] [State]
85 AIRPORT RD., SHIPPENSSURG, PA 17257
[Property Address]
1. PART I ES
..,
"Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lendcr" tneans
FIRST OHIO BANC & LENDING, INC. and its successors and assigns.
2. BORROWER'S PROMISE TO PAY; INTEREST
In return for a loan received from Lendcr, Borcowcr promises to pay the principal sum of ONE HUNDRED FIFTY Two
THOVSAND SEVEN HUNDRED SIXTY ONE Dollars (U.S. $152, 761.00), plus interest, to the order of Lender. Interest will be
charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of FivE percent (5.000%) per
year until the full amount of principal has been paid.
3. PROMISE TO PAY SECURED
Borrower's promise to pay is secured by a mortgage, decd of trust or similar security instrument that is dated the same date as
this Note and called the "Security ]nstrument." That Security Instrument protects the Lender from losses which might result if
Borrower defaults under this Note.
4. MANNER OF PAYMENT
(A) Timc
Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on AVtiVST 1,
2010. Any principal and interest remaining on the First day of JULY, 2090, will be due on that date, which is called the "Maturity
Date."
(B) Place
Payment shall be made at 6100 ROCKSIDS 9POODS BLVD. SUITE 100, INDEPENDENCE, OH 44131 or at such
place as Lender may designate in writing by notice to Borcower.
(C) Amount
Each monthly payment of principal and interest will be in the amount of U.S. $820.05. This amount will be part of a larger
monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described
in the Security instrument.
(D) Allonge to this Note for payment adjustments
If an allonge providing for payment adjustments is executed by 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 box.]
^ Graduated Payment Allonge
!~ 36.23
O Growing Equity Allonge O Other [Specify]
Palo I of 3
~ ~
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FHA Multistate Fixed Rate Note - 67109
1100+'"" ""
5. BORROWER'S RIGHT TO PREPAY
Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day
of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the
remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. if Borrower makes a partial
prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lcndcr agrees in writing to those
changes.
6. BORROWER'S FAILURE TO PAY
(A) Late Charge for Overdue Payments
[f Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of
this Note, by the end of 15 calendar days after the payment is due, Lender may collect a late charge in the amount of FotJR percent
(4 .0 00%) of the overdue amount of each payment.
(B) Defstult
if Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the
Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued
interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many
circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of
payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note,
"Secretary" means the Secretary of Housing and Urban Development or his or her designee.
(C) Payment of Costs and Expenses
If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and
expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law.
Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note.
7. WAIVERS
Borrower 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 Lender to demand payment of amounts due. "Notice of dishonor" means the right to require
Lender to give notice to other persons that amounts due have not been paid.
S. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by
delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has
given Lender a notice of Borrower's different address.
Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in
Paragraph 4(B) or at a different address if Borrower is given a notice of that different address.
9.OBLIGATIONS OF PERSONS UNDER THIS NOTE
if more than one person signs this Nate, each person is fully and petsonally 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 Notc, is also obligated to keep of I of the promises made in this Note. Lender may enforce its rights under this Notc against each
person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts
owed under this Note,
3C.23 Pagc 2 0l' 3 FHA Multistate Fixed Rate Note - 07!09
11000 '""
BY SIGNING BELOW, Borrower acccpts and agrces to the toms and covenants contained in this Note.
i
odd
- BOR OWBR - AARON PARSON - DAT -
[Sign Original OnIyJ
V'
ALLONGB ATTACHED FOR THB~
PURI'~06B~OF BNDORSDVG THE NOTE
i~v 3(.23 Pagc 3 of 3 FHA Multistate fixed Rate Note - 07/09
r ~ r' 1 G
37
P1-A$ON
Loan ~: 1I000~" ° °
ALLONGE TO NOTE
ALLONGE TO NOTE DATED J17NE 23, 2010, IN THE AMOUNT OF 152, 761.00.
IN FAVOR OF FIRST oxxo BANG & LBNDING, INC. AND EXECUTED BY AARON PARSON
PROPERTY ADDRESS: 85 AIRPORT RD., SHIPPBNSBURG, PA 17257
PAY TO TIiG ORDER OF ~A~Q'B~, N.A.°
WTi'I-LOUT RECOURSE
Y"
ALLUNGE ATTACI-~ED Pp~t TH8
PURP~06B OP BNTX)RSIIVG 3HE IV~O'!E
BY: FIRST OHIO BANC & LENDING, INC.
NAME:~{<~ NdU~
G~ ~-
TITLE: ,~ 1 1 ~~ ~/~
1_
WITHOUT RECOURSE ~
PAY TO THE ORDER OF
WE,'.I,,S FARGO ANK, N.A.
ey
Scott M. Swanson
Assistant Vice President
~+ 11833.11 Pagc 1 of 1
^ ~
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Exhibit "B"
LEGAL DESCRIPTION
ALL THAT CERTAIN piece of land situate in the Township of Southampton, County of
Cumberland and Commonwealth of Pennsylvania, described and bounded as follows:
BEGINNING at a railroad spike in the center of Legislative Route 21050 at common corner of
lands now or formerly ofJacob Wingert, South 37 degrees 30' West, a distance of 180 feet to an
iron pin at bank of run and common corner lands now or formerly of Jacob Wingert; thence by
lands now or formerly of Jacob Wingert, North 51 degrees 15' 1" West, a distance of 94.24 feet
to the corner of Lot No. 1 on Subdivision Plan of August 20, 1979; thence by Lot No. 1, North
44 degrees 0' 9" East, 51.82 feet to an iron pin; thence by said Lot No. 1, North 69 degrees 17'
36 " East, a distance of 36.38 feet to an iron pin; thence along said Lot No. 1, North 39 degrees
52 `9" East, 93.04 feet to a railroad spike in the center of Legislative Route 21050; thence along
said road, South 51 degrees 44' S9" East, a distance of 68.99 feet to the point and place of
beginning.
BEING KNOWN AS PARCEL NUMBER: 39-34-24(}9-008A
PROPERTY ADDRESS: 85 AIRPORT ROAD, SHIPPENSBURG, PA 17257-8116
PARCEL # 39-34-2409-008A
File #: 313AR3
VERIFICATION
Steve DeFurio, hereby states tha he she is Vice President Loan Documentation
of WELLS FARGO BANK, N.A., plaintiff in this matter, tha he she 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 o hi her 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: Steve DeFurio
Title: Vice President Loan Documentation
Company: Wells Fargo Bank N.A.
Date: 02/05//2013
086-PA-V2 File# 313883
FORM I
WELLS FARGO BANK, N.A.
Plaintiff(s)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSY~[.V~~II A~:.~
~ ,~~ ~,
r =~ ° -~-~ ~-,
Civil ~ ~-~ ~.~, =--~~~
vs.
AARON PARSON A/K/A AARON D. PARSON
Defendant(s)
NOTICE OF RESIDENTIAL MORTGAGE FORECTJi~E` ~'~~
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) 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 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. 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 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.
~I
Date
Matthew Brush od, Esq., Id. No.310592
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:
How long?
Home:
Cell:
State: Zip:
Office:
Other:
Office:
Other:
State: Zip:
Emai 1:
# of people in household: How long? _
First Mortgage Lender:
Type of Loan:
Loan Number:
Second Mortgage Lender:
Type of Loan:
Loan Number:
State: Zip:
Yes ^ No ^ Listing date: Price: $
Realtor Phone:
Yes ^ No ^
Home:
Cell:
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: Year:
Amount owed: Value:
Automobile #2: Model: Year:
Amount owed: Value:
Other transportation (automobiles, boats, motorcvclesl: Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
1. Monthly Gross
2. Monthly Gross
3. Monthly Gross
Additional Income Description (not wages):
l ._ monthly amount:
2. monthly amount: _
Monthly Net
Monthly Net
Monthly Net
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"d 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:
Phone (Office):
Counselor:
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:
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
Co-Borrower Signature
Date
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)
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 #: 313883
Or THE r RO HONO TAR;,,
2013 MAY 1 AID 10: 09
Phelan Hallinan,LLP :CUMBERLAND GOUNfforney For Plaintiff
1617 JFK Boulevard,Suite 1400 PENNSYLVANIA
One Penn Center Plaza
Philadelphia,PA 19103
215-563-7000
WELLS FARGO BANK,N.A. Court of Common Pleas
Plaintiff
Civil Division
vs .
CUMBERLAND County
AARON PARSON
A/K/A AARON D.PARSON No. 13-735-CIVIL
Defendant
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 Vacate the Judgment entered.
Date: >�l1 PHELA &Kolesnik, LLP
By:
Joh ichael Esq.,Id.No.308877
Attorney for Plaintiff
PHS#313883
Phelan Hallinan, LLP Attorney for Plaintiff
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
215-563-7000
WELLS FARGO BANK, N.A. Court of Common Pleas
Plaintiff Civil Division
V. CUMBERLAND County
AARON PARSON No. 13-735-CIVIL
A/K/A AARON D.PARSON
Defendant PHS#313883
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:
AARON PARSON
A/K/A AARON D.PARSON
85 AIRPORT ROAD
SHIPPENSBURG,PA 17257-8116
Date: �� PHELA AN, LLP
By:
Joh ichael Kolesnik,Esq., Id.'No.308877
Attorney for Plaintiff