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HomeMy WebLinkAbout14-4529 Supreme Court of Pennsylvania COurCQllllit }tl Pleas For Prothonotary Use Only: f t Vl CtJ!vgl� eet CUI �AN 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 ofpleadings or other papers as required by law or rules of court. S Commencement of Action: 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: MATTHEW D.AYERS T I Are money damages requested? E3 Yes El No Dollar Amount Requested: Elwithin arbitration limits 0 (Check one) 0 outside arbitration limits N Is this a Class Action Suit? ❑Yes 0 No Is this an MDJ Appeal? ❑Yes 0 No A Name of Plaintiff/Appellant's Attorney: Jonathan Lobb,Esq.,Id.No312174,Phelan Hallinan,LLP ❑ Check here if you have no attorney(are a Self-Represented [Pro Se] 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 I MASS TORT ❑Other: U ❑Asbestos N ❑Tobacco ❑Toxic Tort-DES ❑Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑Toxic Waste ❑Ejectment ❑Common Law/Statutory Arbitration B ❑Other: ❑Eminent Domain/Condemnation ❑Declaratory Judgment ❑Ground Rent ❑Mandamus ❑Landlord/Tenant Dispute ❑Non-Domestic Relations 0 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABILITY El Mortgage Foreclosure:Commercial ❑Quo Warranto ❑Dental ❑Partition ❑Replevin ❑Legal ❑Quiet Title ❑Other: ❑Medical ❑Other: ❑Other Professional: PaAC A 205.5 Updated 01/01/2011 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#: 947153 IL ; ^ U /q PHELAN HALLINAN,LLP ATTORNEY FOR PLAIN'T'IFF Jonathan Lobb,Esq., Id.No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Jonathan.Lobb@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 U Plaintiff, NO.: ' Ll VS. MATTHEW D. AYERS 542 POPLAR CHURCH ROAD CAMP HILL, PA 17011-1832 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: ( I 062-PA-VS 1. The Plaintiff is WELLS FARGO BANK, NA, 3476 STATEVIEW BOULEVARD,FORT MILL, SC 29715(hereinafter"plaintiff'). 2. The Defendant is, MATTHEW D. AYERS, with a last known address of 542 POPLAR CHURCH ROAD, CAMP HILL,PA 17011-1832. 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 May 16, 2011, MATTHEW D. AYERS made, executed and delivered to WELLS FARGO BANK, N.A. a Mortgage in the original principal amount of $136,350.00 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 May 20, 2011, in Instrument No. 201114632. 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. MATTHEW D. AYERS 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 January 1, 2014. 062-PA-VS 9. As of 07/22/2014 the amount due and owing Plaintiff on the mortgage is as follows: Principal $ 130,640.79 Interest From 12/01/2013 to 07/22/2014 $3,976.87 Late Charges $497.46 Escrow Advance $ 773.10 Property Inspections $ 0.00 Property Preservation $0.00 BPO/Appraisal $0.00 Escrow Balance $ 0.00 Corporate Advance Credit ($ 11.36) Total $ 135,876.86 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 mortgage is FHA- insured. 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 personal liability in a bankruptcy proceeding, this action is in no way an attempt to re-establish 062-PA-VS such liability. WHEREFORE,Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of$ 135,876.86 with interest thereon plus additional costs(including additional escrow advances),additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. By: Date: `7 J athan Lobb, Esq., Id.No.312174 Attorney for Plaintiff f 062-PA-V5 Exhibit 66A" NOTE Multistate MAY 16, 2011 [Date] 542 POPLAR CHURCH ROAD, CAMP HILL, PA 17011 [Property Address] 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means WELLS FARGO BANK, N.A. and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of ONE HUNDRED THIRTY SIX THOUSAND THREE HUNDRED FIFTY AND 00/100 Dollars(U.S. $ ********13 6,3 5 0.0 0 ),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 FOUR AND THREE-QUARTERS percent( 4.750 %)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, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on JULY 01 , 2011 . Any principal and interest remaining on the first day of JUNE 2041 ,will be due on that date, which is called the "Maturity Date." (B) Place Payment shall be made at WELLS FARGO HOME MORTGAGE, P.O. SOX 11701, NEWARK, NJ or at such place as Lender may designate in writing 071014701 by notice to Borrower. (C) Amount *******711.27 This amount Each monthly payment of principal and interest will be in the amount of U.S. $ 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 ❑Growing Equity Allonge ❑Other[specify] S.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 Lender agrees in writing to those changes. FHA Multistate Fixed Rate Note-10/15 ®®-1R(VMP9601 IMORTGAGE FORMS•(900)621-7291 Pa9a 1 of 2 Initials 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If 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 fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of FOUR percent( 4.000 %)of the overdue amount of each payment. (B) Default 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 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. Lender may enforce its rights under this Note 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. BY SIGNING BELOW, Borrower accepts and agrees to the terms ano covenants contat d in this Note. (Seal) (Seal) -Borrower SAI D AYSRS -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) Borrower -Borrower dM IR issou Pape 2 of 2 WITHOUT RECOURSE PAY TO THE ORMIR OF WELLS F BANK,N.A. By SmoA C.SHIRLEY,SENIOR PRESID Exhibit "B" LEGAL DESCRIPTION ALL THAT CERTAIN lot or parcel of land situate in East Pennsboro Township, Cumberland County,Pennsylvania,bounded and described as follows: BEGINNING at a point on the southerly line of Poplar Church Road being five hundred ten and twenty-three one-hundredths (510.23)feet West of the Southwest corner of Poplar Church Road and Arnold Street; thence at right angles to Poplar Church Road South 35 degrees 44 minutes East, a distance of one hundred fifty(150)feet to a point; thence South 54 degrees 16 minutes West, a distance of seventy-nine and twenty-nine one hundredths (79.29)feet to a point; thence North 35 degrees 44 minutes West, a distance of one hundred fifty(150)feet to a point in the South line of Poplar Church Road; thence North 54 degrees 16 minutes East along the South side of Poplar Church Road, a distance of seventy-nine and twenty-nine one hundredths (79.29)feet to a point; the place of BEGINNING. TAX MAP NO. 09-19-1590-048 HAVING THEREON erected a dwelling being known and numbered as 542 Poplar Church Road, Camp Hill,Pennsylvania 17011. PROPERTY ADDRESS: 542 POPLAR CHURCH ROAD, CAMP HILL,PA 17011-1832 PARCEL#09-19-1590-048 File#: 947153 Exhibit "A" Multistate NOTE MAY 16, 2011 ]Date) 542 POPLAR CHURCH ROAD, CAMP HILL, PA 17011 (Property Address) I. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. WELLS FARGO BANK, N.A. "Lender" means and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of p HUNDRED THIRTY SIX THOUSAND THREE HUNDRED FIFTY AND 00/100 Dollars(U.S. $ ********136,350.00 ),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 FOUR AND THREE-QUARTERS percent( 4.750 %)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, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." The Security Instrument protects the Lender from tosses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on JULY 01 2011 Any principal and interest remaining on the first day of JUNE 2041 , will be due on that date, which is called the "Maturity Date." (B) Place Payment shall be made at WELLS FARGO HOME MORTGAGE, P.O. BOX 11701, NEWARK, NJ 071014701 by notice to Borrower, or at such place as lender may designate in writing (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $ *******711.27 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 ❑Growing Equity Allonge DOther[specify] S.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 Lender agrees in writing to those changes. ®-1R 19801) FRA Mtdt4tate Fixed Rate Notc VMP MORTGAGE FORMS•(800)821-7291 Pogo 1 of 2 Inhlals D 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If 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 fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of gouts percent( 4.000 %)of the overdue amount of each payment. (B) Default 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 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. Lender may enforce its rights under this Note 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. BY SIGNING BELOW, Borrower accepts and agrees to the terms ano covenants contaiwd in this Note. (Seal) (tel) -Borrower BW D AYBRS -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower ®-1R 19sou Page 2 of 2 w , t WITHOUT RECOURSE PAY TO THE ORNA OF WELLS F BANK N.A. BY SAMUEL C.SHELLEY,SENIOr PRESID9K 0011 Exhibit `` " LEGAL DESCRIPTION ALL THAT CERTAIN lot or parcel of land situate in East Pennsboro Township, Cumberland County,Pennsylvania,bounded and described as follows: BEGINNING at a point on the southerly line of Poplar Church Road being five hundred ten and twenty-three one-hundredths (510.23)feet West of the Southwest corner of Poplar Church Road and Arnold Street; thence at right angles to Poplar Church Road South 35 degrees 44 minutes East, a distance of one hundred fifty(150) feet to a point;thence South 54 degrees 16 minutes West, a distance of seventy-nine and twenty-nine one hundredths (79.29)feet to a point; thence North 35 degrees 44 minutes West, a distance of one hundred fifty(150)feet to a point in the South line of Poplar Church Road; thence North 54 degrees 16 minutes East along the South side of Poplar Church Road, a distance of seventy-nine and twenty-nine one hundredths (79.29)feet to a point; the place of BEGINNING. TAX MAP NO. 09-19-1590-048 HAVING THEREON erected a dwelling being known and numbered as 542 Poplar Church Road,Camp Hill,Pennsylvania 17011. PROPERTY ADDRESS: 542 POPLAR CHURCH ROAD,CAMP HILL,PA 17011-1832 PARCEL#09-19-1590-048 File#: 947153 VERIFICATION Denise Goldston,hereby states that help is Vice President Loan Documentation of WELLS FARGO BANK,N.A.,plaintiff in this matter, that he/&'s''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 his4einformation 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:Denise Goldston Title: Vice President Loan Documentation Company:Wells Fargo Bank,N.A. Date: 07/24/2014 086-PA-V2 File#:947153 , SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson I L :- O F FIC L Sheriff Eft rHE PRO l HONG `A 4, o Jody S Smith Chief Deputy Richard W Stewart Solicitor tCnin6r!Yt 2014 PA 19 AM Ir. 20 CUMBERLAND COUNTY OFFICE OFT F. St# FIFP PENNSYLVANIA Wells Fargo Bank, N.A. vs. Matthew Dean Ayers Case Number 2014-4529 SHERIFF'S RETURN OF SERVICE 08/12/2014 04:25 PM - Deputy Jamie DiMartle, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Melissa Ayers, Wife, who accepted as "Adult Person in Charge" for Matthew Dean Ayers at 542 Poplar Church Rd, East Pennsboro, Camp Hill, PA 17011. IE DIMARTLE, DEPUTY SHERIFF COST: $44.95 SO ANSWERS, August 14, 2014 RON�R ANDERSON, SHERIFF CountySu to Shentl.. Teleosoft, Inc.