HomeMy WebLinkAbout14-6471 Supreme Court of Pennsylvania
Courtf Common Pleas For Prothonotary Use Only:
Civil Cover eet
CUMBF+RLA„N1� , " County Docket No:
The information collected on this form is used solely for court administration purposes. This form sloes not
supplement or replace thefiling and service ofpleadings 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: JAMIE R.FISH A/K/A JAMIE FISH
T
jAre money damages requested? ❑Yes 0 No Dollar Amount Requested: Elwithin arbitration limits
0 (Check one) outside arbitration limits
N Is this a Class'Action Suit? ❑Yes ❑x No Is this an MDJ Appeal? ❑ Yes No
A Name of Plaintiff/Appellant's Attorney: Kenya Bates,Esq.,Id.No.203664,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
OMASS TORT El Other:
❑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
E Mortgage Foreclosure:Residential Restraining,Order
PROFESSIONAL LIABILITY ElMortgage Foreclosure: Commercial ❑ Quo Warranto
❑Dental ❑Partition ❑Replevin
❑ Legal ❑ Quiet Title ❑Other:
❑Medical ❑ Other:
❑Other Professional:
PmR.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
32 SOUTH BEDFORD STREET
CARLISLE,PA 17013
(717)249-3166
(800),990-9108
File#: 955475
1j: L46
0 U it T Y
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PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF
Kenya Bates, Esq., Id. No.203664
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
kenya.bates@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.: , — �fl"I
VS.
JAMIE R. FISH
A/K/A JAMIE FISH
704 ROBERT STREET
MECHANICSBURG, PA 17055-3447
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:
1. The Plaintiff is WELLS FARGO BANK, NA, 3476 STATEVIEW
��S. 7S
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062-PA-V5 /�w�D�
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BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff').
2. The Defendant is, JAMIE R. FISH A/K/A JAMIE FISH, with a last known
address of 704 ROBERT STREET, MECHANICSBURG, PA 17055-3447.
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 January 29, 2013, JAMIE R. FISH made, executed and delivered to
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR
FAIRWAY INDEPENDENT MORTGAGE CORPORATION a Mortgage in the original
principal amount of $232,799.00 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 January 31, 2013, in Instrument No. 201303368.
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. By Assignment of Mortgage recorded July 25,
2013, 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. 201324454.
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.
7. JAMIE R. FISH A/K/A JAMIE FISH is the record and real owner of the
aforesaid mortgaged premises.
062-PA-VS
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 May 1, 2014.
9. As of 10/23/2014, the amount due and owing Plaintiff on the mortgage is as
follows:
Principal $227,277.72
Interest $4,138.45
From 04/01/2014 to 10/23/2014
Late Charges $0.00
Escrow Advance $957.17
Property Inspections $0.00
Property Preservation $0.00
BPO/Appraisals $0.00
Escrow Balance $0.00
Corporate Advance Credit $0.00
Total $232,373.34
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.
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).
062-PA-VS
11. 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$232,373.34, with interest thereon plus additional costs (including additional
escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the
mortgaged premises.
By:
Date: ��/1Aenyaats, Esq., Id. No.203664
Attorney for Plaintiff
062-PA-VS
Exhibit "A"
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NOTE '
NOTICE: THIS LOAN IS NOT ASSUMABLE EWITHOUT
ANS AFFAIRS
APPROVAL OF THE DEPARTMENT O
OR ITS AUTHORIZED AGENT.ENT. 100392499110001557
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JANURPY 29, 2013 CANP ImoPENNSYLVM
Maid y (City) IStatcl
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704 RCEERT ST. ,". MECMUCSBURG, pM;SXLVANI3k 17055
[Property Address]
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1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received,I p�mise to pay U.S. $232,799.00 ((his amount is called "Principal"},
plus interest, to the order of lite Lender. The Lender is
F"AIMW IlIr P DMENT MMUMM pC!}PTA=s
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I will make all payments under this Note in the form of cash, check or money order.
1 understand that the Lender may transfer phis Note. The Lender or anyone who takes this Note by Transfer and who is
entitled to receive payments under this Note is ceded the "Note Holder."
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2. INTEREST
Interest will be charged on unpaid principaltuntil the full amount.of Principal has been paid. I will pay interest at a yearly
rate of 3.2500%. 1
The interest rate required by this Section 2 the rate I will pay both before and after any default described in Section 6(13)
of this Note. p
3. PAYMENTS ]
(A)Time and Place of Payments ;!
I will pay principal and interest by making&payment every month.
I will make my monthly payment on the 1ST day of each month beginning on NCH 01, 2013 1 will
make these payments every month until I have paid all of the principal'and interest and any other charges described below that I
may owe under this Note. Each monthly paymehl will be applied as of its scheduled due date and will be applied to interest
before Principal. If, on FE E&UM 01, 2043, 1 still owe amounts under this Note, I will pay those amounts in full on
that date, which is called the "Maturity Date." t
I will make my monthly payments a(,
2445 DAIUM ROAD, SUM 102, IIDISCN, WI 53704
or at a different place if required by the Note Hobder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount§f U.S. s 1,013.16
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4. BORROWER'S RIGHT TO PREPAY
The Borrower shall have the right to prep y 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 Prepayment made on other than an
installment due date need not be credited until Ahe next following installment due date or 30 days after such Prepayment,
whichever is earlier.
5. LOAN CHARGES '
If a law, which applies to this loan and which sets maximum 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 redbce the charge to (lie 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 R9QUIRED
(A) Late Charge for Overdue Payments ;
If the Note Holder has not received the fulliamount of any monthly payment by the end of 15 calendar days
after the date it is due. I will pay a late charge to�he Note Holder. The amount of the charge will be 4.0000 %of
my overdue payment. I will pay this late charge promptly but only once on each late payment.
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(B) Default
If I do not pay(he full amount of each monthly payment on the date it is due, I will be in default.
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(C) Notice of Default sa
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a
certain date, the Note Holder may require me to11pay immediately the full amount of Principal which has not been paid and all
the interest that I owe on that amount. That date ust be at least 30 days after the date on which the notice is mailed to me or
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delivered by other means.
(D) No Waiver By Note Holder i
Even if, at a lime 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 0do so if I am In default al a later time.
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(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 Holder 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 attorneysfees.
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 at the Property Address above or at a different address if I give the Note
Holder a notice of my different address. it
Any notice that must be given to the Note Holder under this Note will he given by delivering it or by mailing h by first
class mail to the Note Holder at the address stated in Section 30) above or at a different address if I am given a notice of that
different address.
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8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, eafh 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
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also obligated to do these things. Any person who takes over these obligations, including (lie 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,6r against•all of its together. This means that any one of us may be required to
pay all of the amounts owed under this Note.
9. WAIVERS t`
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 payment of amounts due. "Notice of Dishonor" means the
right to require the Note Holder to give notice to.pther persons that amounts due have not been paid.
18. ALLONGE TO THIS NOTE
If an allonge providing for payment adjustments or for any other supplemental information is executed by the Borrower
together with this Note, the covenants of the allota 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 `s❑Other(Specify] ❑Other]Specify]
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11. UNIFORM SECURED NOTE ll
This Note is a uniform instrument with limiied variations in some jurisdictions. In addition to the protections given to the
Note Holder under this Note, a Mortgage, Deed;bf Trust, or Security Deed ((he "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 I may be required to make immediate payment in full
of all amounts I owe under this Note. Some of thtse conditions are described as follows:
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Regulations (38 C.F.R. Par( 36) Issued'under the Department of Veterans Affairs ("VA") Guaranteed Loan
Authority (38 U.S.C. Chapter 37) and iii 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 Note which are inconsistent with such
regulations are hereby amended and supFlemented to conform thereto.
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WITNESS THE HAND(S) AND SEAL(S) OF TIM UNDERSIGNED.
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(Seal)
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(Seal) (Seal)
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Pay to the order of +
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FAIRWAY I)MEPMCE rr 1- ur
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Exhibit "B"
LEGAL DESCRIPTION
ALL THAT CERTAIN piece,parcel and tract of land situate in the Borough of Mechanicsburg,
Cumberland County, Pennsylvania, and more particularly bounded and described as follows, to
wit:
BEGINNING at a point on the southern line of Robert Street, said point being at the dividing line
between Lots Nos. 11 and 10, Block"E", on the hereinafter mentioned Plan of Lots; thence
along said dividing line, South four(04) degrees twenty-nine (29) minutes thirty-one (3 1)
seconds East, one hundred six and seventy-seven hundredths (10.77)feet to a point;thence
South eighty-two (82) degrees thirty-seven (37) minutes thirty-four(34) seconds West, thirty-
three and eighty-seven hundredths (33.87) feet to a point; thence South eighty-eight (88) degrees
one (01) minute West, eighty-four and fifty-four hundredths(84.54) feet to a point at the
dividing line between Lots Nos. 12 and 11,Block"E", on the hereinafter mentioned Plan of
Lots; thence along said dividing line North eighteen (18) degrees twenty-five (25) minutes thirty-
five (35) seconds East, one hundred twenty-eight and seventy-five hundredths (128.75) feet to a
point on the southern line of Robert Street; thence along the southern line of Robert Street on a
curve to the left having a radius of one hundred seventy-five and no tenths (175.0) feet, an are
length of seventy and no tenths (70.0) feet to a point at the dividing line between Lots Nos. 11
and 10,Block"E", the place of BEGINNING.
BEING Lot No. 11, Block`B", on Final Plan No.4, Parts of Block"E" and"F" Part of Section 3
of Heritage Acres, said Plan being recorded in the Cumberland County Recorder's Office in Plan
Book 31, Page 117.
File k 955475
UNDER AND SUBJECT TO restrictions and conditions as now appear of record.
TAX MAP 17-23-0563-180
PROPERTY ADDRESS: 704 ROBERT STREET,MECHANICSBURG,PA 17055-3447
PARCEL#17-23-0563-180.
File k 955475
VERIFICATION
Sonya Moore, hereby states that he sh is Vice President Loan Documentation of
WELLS FARGO BANK,N.A., plaintiff in this matter, that hesh is authorized to make
this Verification, and verify that the statements made in the foregoing Civil Action in
Mortgage Foreclosure are true and correct to the best of hi 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.
w
Name: Sonya Moore
Title: Vice President Loan Documentation
Company: Wells Fargo Bank, N.A.
Date: 10/24/2014
086-PA-V2 FILE#955475
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFFS OFFICE OF CUMBERLAND COUNTY
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Wells Fargo Bank, NA
vs.
Jamie R Fish
Case Number
2014-6471
SHERIFF'S RETURN OF SERVICE
11/07/2014 05:02 PM - Deputy Shawn Gutshall, 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: Jamie R Fish at 704 Robert Street, Mechanicsburg Borough, Mechanicsburg, PA
17055.
SHERIFF COST: $39.30 SO ANSWERS,
November 10, 2014 RONNY R ANDERSON, SHERIFF
(c) CountySuile Sheriff, Teleosoft,