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HomeMy WebLinkAbout14-4179 t r Supreme Court of Pennsylvania A Cour of Common Pleas I, « 1 For Prothonotary Use Only: CtviVCovek Sheet CUl1BEtAND / f County Docket No: _ The information collected on this form is used solely for court administration purposes. This form does not supplement or replace thefiling and service of leadin s or other a ers as required by law or rules of court. S Commencement of Action: ❑D Complaint ❑Writ of Summons ❑Petition E ❑Transfer from Another Jurisdiction ❑Declaration of Taking C Lead Plaintiff's Name: WELLS FARGO BANK,NA Lead Defendant's Name: MICHAEL P. WHITE T I Are money damages requested? ❑Yes ❑x No Dollar Amount Requested: ❑ within arbitration limits 0 (Check one) ❑x outside arbitration limits N Is this a Class Action Suit? ❑Yes ❑x No Is this an MDJ Appeal? ❑Yes ❑x No A Name of Plaintiff/Appellant's Attorney: Meredith Wooters,Esq.,Id.No.307207,Phelan Hallinan,LLP ❑ Check here if you have no attorney (are a Self-Represented [Pro Sel Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE.If you are making more than one type of claim, check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑Intentional ❑Buyer Plaintiff Administrative Agencies ❑Malicious Prosecution ❑Debt Collection: Credit Card ❑Board of Assessment ❑Motor Vehicle ❑Debt Collection: Other ❑Board of Elections ❑Nuisance ❑Dept. of Transportation ❑Premises Liability ❑ Statutory Appeal: Other ❑Product Liability(does not S include mass tort) ❑Employment Dispute: ❑ Slander/Libel/Defamation Discrimination E ❑Other: ❑Employment Dispute: Other ❑Zoning Board C ❑Other: T OMASS TORT ❑Other: ❑ Asbestos N ❑Tobacco ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑Toxic Waste ❑ Ejectment ❑ Common Law/Statutory Arbitration $ ❑Other: ❑ Eminent Domain/Condemnation ❑Declaratory Judgment ❑ Ground Rent ❑Mandamus ❑Landlord/Tenant Dispute ❑Non-Domestic Relations ®Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure:Commercial ❑ Quo Warranto ❑Dental ❑Partition ❑Replevin ❑Legal ❑Quiet Title ❑ Other: ❑Medical ❑ Other: ❑Other Professional: Pa.R.C.P. 205.5 Updated 01101/2011 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#: 948777 S.y .,k_ E PFIO TkNO lhl i4 JUL 18 All 18. 49 (CUMBERLAND PENNSYLVANIA'�Y PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF Meredith Wooters, Esq., Id. No.307207 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Meredith.Wooters@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK,NA 3476 STATEVIEW BOULEVARD CIVIL DIVISION FORT MILL, SC 29715 Plaintiff, NO.: 14- 417q tV l��rr►t VS. MICHAEL P. WHITE 9 KIMBERLY LANE CARLISLE, PA 17015-9197 Defendant. CIVIL ACTION- COMPLAINT IN MORTGAGE FORECLOSURE And now comes WELLS FARGO BANK,NA,by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage Foreclosure as follows: �L 13-75 Pr��ml e�f�38a�f�i�3RoNy 308(o5(p 062-PA-V4 1. The Plaintiff is WELLS FARGO BANK, NA, 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). 2. The Defendant is, MICHAEL P. WHITE, with a last known address of 9 KIMBERLY LANE, CARLISLE, PA 17015-9197. 3. In order to protect the borrower's privacy, certain personal information of the borrower (such as loan account, Social Security numbers and birth dates), may have been partially or completely redacted on the exhibits to this Complaint. 4. WELLS FARGO BANK, NA, directly or through an agent, has possession of the Promissory Note. WELLS FARGO BANK, NA is either the original payee of the Promissory Note or the Promissory Note has been duly indorsed. A copy of said Promissory Note is marked Exhibit "A", attached hereto and made a part hereof. 5. On or about August 28, 2009, MICHAEL P. WHITE made, executed and delivered to WELLS FARGO BANK, N.A. a Mortgage in the original principal amount of $137,755.00 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 on September 3, 2009, in Instrument No. 200931114. 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. 6. Plaintiff is the current Mortgagee. 7. MICHAEL P. WHITE is the record and real owner of the aforesaid mortgaged premises. 8. Defendant is in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the installments of principal and interest due February 1, 2014. 062-PA-V4 9. As of 06/30/2014, the amount due and owing Plaintiff on the mortgage is as follows: Principal $128,551.14 Interest $3,348.27 From 01/01/2014 to 06/30/2014 Late Charges $121.72 Escrow Advance $0.00 Property Inspections $0.00 Property Preservation $0.00 BPO/Appraisals $0.00 Escrow Balance $(424.04) Corporate Advance Credit $0.00 Total $131,597.09 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. 10. 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). 11. This action does not come under Act 91 of 1983 because the mortgaged premises is not the principal residence of the mortgagor. 12. The mortgage premises are vacant and abandoned. 062-PA-V4 13. 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. WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of$131,597.09, with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. u By: Date: �' ( "� Meredith Wooters, Esq.,UId. No.307207 Attorney for Plaintiff 062-PA-V4 Exhibit "A" NOTE AUGUST 28, 2009 CARISLE PENNSYLVANIA (Datel 10tyl (5wte1 22 MOUNTAIN ST, MOUNT HOLLY SPRING, PA 17065 lhropeny Addressl 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $***137,755,00 (this aneoupt is called "Principal"), plus interest, to the order of the Lender. The Lender is WELLS FARGO BANK, N.A. i will make all payments under this Note in the firm of cash, check or nhoney order. 1 understated that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payohents 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 5.250 9'0. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(13) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by peaking a payment every month. 1 will make my monthly payment on the 1ST day of each ueonth beginning on OCTOBER, .2009 1 will make these payments every month until i have paid all of the principal and interest and any otter charges described below that I unity 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 SEPTEMBER 1, 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 nhonthly payments atWELLS FARGO BANK, N.A. P.O. BOX 11701, NEWARK, NJ 07101-4701 or at a different place if required by dee Note Holder. (B) Amount of Monthly Payments My nhonthly payment will be in the amount of U.S. $ *******760.69 4. BORROWER'S RIGHT TO PREPAY have the right to make payments of Principal at any tipte before they are due. A payment of Principal only is known as a "Prepayment." When i make a Prepaynhent, I will tell the Note Holder in writing that I ani doing so. I may not designate a payment as a Prepayment if I have not made all lite monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use illy Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder enay apply ury Prepaynnent to the accrued and unpaid interest on the Prepayment amount, before applying nhy Prepayment to reduce the Principal amount of the Note. If 1 make a partial Prepayment, there will be no changes in the due date or in the anhount of my niout ly payment unless the Note Holder agrees in writing to those changes. Wolters —el Financiij Servic— D RATE NOTE-Single Family•Fannie.Mae/Freddie M.c UNIFORM INSTRUMENT F- 3200 1/01 VMP 0 V.11,N(08031.00 NN1FL 3200(CNOT) Rev 3/2009 Initials: Page I of 3 5. LOAN CHARGES if a law, which applies to this loan and which sets maxinium loan charges, is finally interpreted so that the interest or other loan charges collected 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 frunh nit which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal 1 owe under this Note or by nuking 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) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by die end of 15 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 5.000 J of my overdue payment of principal and interest, I 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 the 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 I do not pay die overdue amount by a certain date, the Note Holder may require me to pay inunediately 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 oil which die notice is mailed to me or delivered by other[Weans. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Halder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the 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 nie 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 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 1 am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person sign_- this Note, each person is fully and personally obligated to keep all of die promises made in this Note, including the pronhise 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 tie obligations of a guarantor, surety or endorser of tlhis 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 nieans 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 die Note Holder to demand payment 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. ED RATE NOTE•Single Family•Fannie MaelFreddie Mac UNIFORM INSTRUMENT Form 3200 1/01 VMP VMP;n 108031.00 Wolters Kluwer Finwelal Services Initfala: Page 2 of 3 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, need 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 1 make in this Note. That Security Instrument describes how and under what conditions I 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: If all or any part of the Property or any loterest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, .Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower trust pay all sutras-secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of thik period, Lender may invoke any remedies pennitted by this Security Instrument without further notice or demand on Borrower. WITNESS T /HA D(S N SEAL THE UNDERSIGNED. (Seal) (Seal) MICHAEL P. WHITE -13ormwer -13orrowcr (Seal) (Seal) -13orrowcr -N)rrower (Seal) (Seal) 43orrower -13ornrwcr WITHOUT NECuUmSE (Seal) (Seal) PAY TO THE ORDER OF -13orrower -Borrower WELW FARGO BANK, N.A. BY Yin M 1111- fSign Original Only) oan M. Mills, Vice President ATE NOTE-Single Family-Fa ni.MaelFreddie Mac UNIFORM INSTRUMENT Form 3200 1101 VMP B VMPSN 10303).00 Wolters KI1Ava Financial Services Page 3 of 3 Exhibit "B" LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, a part of the preliminary Final Subdivision Plan for John H.Slyder and Kenneth C.Anthony for a project at 22 Mountain Street, Mount Holly Springs Borough, being recorded in the office of the Recorder of Deeds in Cumberland County, Pennsylvania at Instrument No. 200925806, being bounded and described as follows: LOT NO. 1 BEGINNING at a point on the eastern side of a public road known as Mountain Street at the corner of Lots 1 and 2 on said plan, thence South 44 degrees 57 minutes 59 seconds East, a distance of 160.00 feet to a point at the corner of Lots 1 and 2, thence South 45 degrees 02 minutes 01 seconds West a distance of 55.00 feet to a point, thence North 44 degrees 57 minutes 59 seconds West a distance of 160.00 feet to an iron pin on the eastern right of way of Mountain Street, thence North 45 degrees 02 minutes 01 seconds East, 55.00 feet to an iron pin, the place of BEGINNING. BEING all of Lot No. 1 on the aforesaid Plan of Lots. LOT NO. 2 BEGINNING at a point on the eastern side of Mountain Street at an iron pin on the corner of Lot 2 herein and lands now or formerly of Martha L. Toner, South 43 degrees 26 minutes 34 seconds East, a distance of 160.06 feet to a point, thence South 45 degrees 02 minutes 01 seconds West, a Pile 948777 distance of 50.74 feet to a point at the corner of Lots 1 and 2 herein, thence North 44 degrees 57 minutes 59 seconds West, a distance of 160.00 feet to an iron pin on the eastern side of Mount Street, thence North 45 degrees 02 minutes 01 seconds East, a distance of 55.00 feet to an iron pin,the place of BEGINNING. BEING all of Lot No. 2 on the aforesaid Plan of Lots. PROPERTY ADDRESS: 22 MOUNTAIN STREET,MOUNT HOLLY SPRINGS, PA 17065-1405 PARCEL#23-32-2338-082 and #23-32-2338-081 VERIFICATION Jasmin McLean, hereby states that he/es Vice President Loan Documentation of WELLS FARGO BANK,N.A., plaintiff in this matter, that he/&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 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: Jasmin McLean Title: Vice President Loan Documentation Company: Wells Fargo Bank,N.A. Date: 07/01/2014 086-PA-V2 File#948777 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY €,V„tv, at CInhbcti)�ti OFFICE OF THE SHERIFF w�. FLED -OF f` ICE" OF THE PROTHONOTARY 2014 JUL 31 Aft 10: 38 CUMBERLAND COUNTY PENNSYLVANIA Wells Fargo Bank, N.A. vs. Michael P White Case Number 2014-4179 SHERIFF'S RETURN OF SERVICE 07/21/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Michael P White, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as "Not Found" at 22 Mountain Street, Mt. Holly Borough, Mt. Holly Springs, PA 17065. Residence is vacant. 07/21/2014 04:30 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Michael P White at 9 Kimberly Lane, Dickinson Township, Carlisle, PA 17015. SHERIFF COST: $42.69 July 22, 2014 (c) CountySuito Sheriff, Teleosoft, Inc. ?ASON KINSLER, DEPUTY SO ANSWERS, RONY R ANDERSON, SHERIFF