Loading...
HomeMy WebLinkAbout14-7125 Supreme Court of Pennsylvania Cour Pleas For ProthonotaryUse Only: MWC6�ek., Sheet I., --�, 1��, CUMBkkUr4—'Au�i County Docket No: t N The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the clip and service ofpleadingj or other pgpers as required by law or rules of court. Commencement of Action: S Z Complaint 0 Writ of Summons 0 Petition E 0 Transfer from Another Jurisdiction 0 Declaration of Taking C Lead Plaintiff's Name: US BANK NATIONAL Lead Defendant's Name: KEVIN M. TAYLOR ASSOCIATION,AS TRUSTEE FOR SASCO T MORTGAGE LOAN TRUST 2006-WF2 I Are money damages requested? El Yes 9 No Dollar Amount Requested: El within arbitration limits 0 (Check one) 9 outside arbitration limits N Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJ Appeal? El Yes 9 No A Name of Plaintiff/Appellant's Attorney: PETER WAPNER,Esq.,Id.No.318263,Phelan Hallinan,LLP El 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 Moss Tort) CONTRACT(do not include Judgments) CIVIL APPEALS 0 Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution n Debt Collection:Credit Card 0 Board of Assessment 0 Motor Vehicle 0 Debt Collection: Other 0 Board of Elections 0 Nuisance 0 Dept. of Transportation 0 Premises Liability 0 Statutory Appeal:Other 0 Product Liability(does not S include mass fort) 0 Employment Dispute: 0 Slander/Libel/Defamation Discrimination E 0 Other: E-1 Employment Dispute:Other 0 Zoning Board C 0 Other: T MASS TORT rl Other: 0 0 Asbestos N 0 Tobacco El Toxic Tort-DES •Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS •Toxic Waste 0 Ejectment 0 Common Law/Statutory Arbitration B 0 Other: n Eminent Domain/Condemnation 0 Declaratory Judgment 0 Ground Rent 0 Mandamus n Landlord/Tenant Dispute El Non-Domestic Relations ED Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABILITY 0 Mortgage Foreclosure:Commercial 0 Quo Warranto r7l Dental 0 Partition 0 Replevin •Legal 0 Quiet Title 0 Other: •Medical 0 Other: f-1 Other Professional: Pa.R.C.P. 205.5 Updated 0110112011 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#: 950920 Ji- i PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF PETER WAPNER, Esq., Id. No.318263 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 peter.wapner@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR SASCO MORTGAGE LOAN TRUST CIVIL DIVISION ` 2006-WF2 v �� 1U/ C/O WELLS FARGO BANK N.A. NO.: 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff, vs. KEVIN M. TAYLOR 64 BOUCHELLE ROAD NORTH EAST, MD 21901-2514 Defendant. CIVIL ACTION- COMPLAINT IN MORTGAGE FORECLOSURE And now comes US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR SASCO MORTGAGE LOAN TRUST 2006-WF2,by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage Foreclosure as follows: S- 062-PA-VS 1. The Plaintiff is US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR SASCO MORTGAGE LOAN TRUST 2006-WF2, C/O WELLS FARGO BANK, N.A., 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). 2. The Defendant is, KEVIN M. TAYLOR, with a last known address of 64 BOUCHELLE ROAD, NORTH EAST, MD 21901-2514. 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. US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR SASCO MORTGAGE LOAN TRUST 2006-WF2, directly or through an agent, has possession of the Promissory Note. US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR SASCO MORTGAGE LOAN TRUST 2006-WF2 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 April 19, 2006, KEVIN M. TAYLOR made, executed and delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR TIMBUKTU. INC. a Mortgage in the original principal amount of$25,875.00 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 2, 2006, in Book 1949, Page 64. 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 and is in the process of recording an Assignment of Mortgage. By Assignment of Mortgage recorded March 21, 2014, the mortgage was assigned to US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR SASCO MORTGAGE LOAN TRUST 2006-WF2 which Assignment is recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 201405833. The Assignment is a matter 062-PA-VS 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. KEVIN M. TAYLOR 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 March 1, 2014. 9. As of 12/05/2014, the amount due and owing Plaintiff on the mortgage is as follows: Principal $24,888.44 Interest $2,679.18 From 02/01/2014 to 12/05/2014 Late Charges $84.36 Escrow Advance $0.00 Property Inspections $0.00 Property Preservation $0.00 BPO/Appraisals $0.00 Escrow Balance $0.00 Corporate Advance Credit $0.00 Total $27,651.98 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. 062-PA-V5 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. 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$27,651.98, with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. 2,!` yBy: Date: [ PETER WAPNER, Esq., Id. No.318263 Attorney for Plaintiff 062-PA-VS - Fir VERIFICATION Jasmin McLean, hereby states that he/(g is Vice President Loan Documentation of WELLS FARGO BANK, N.A.,mortgage servicing agent for plaintiff in this matter and that hel�li�is authorized to make this Verification, and verifies that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his 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. The Plaintiff is the investor in the mortgage which is the subject of this action and has delegated the daily servicing responsibility to WELLS FARGO BANK,N.A. Plaintiff lacks sufficient knowledge or information to execute this verification. WELLS FARGO BANK,N.A. is in possession and control of all documents and records supporting the statements in the foregoing pleading and, therefore, the undersigned, rather than an officer or employee of plaintiff, is the appropriate individual to make this Verification pursuant to Pa.R.C.P. 1024(c). ly e: Jasmin McLean Title: Vice President Loan Documentation Company: Wells Fargo Bank,N.A. Date: 12/08/2014 085-PA-V3 File#950920 Exhibit "A" Secondary Mortgage Loan This agreement is subject to the provisions of the Secondary Mortgage Loan Act. NOTE April 28, 2006 CARLISLE PA Date City state 36 Brunt House Road, Carlisle, PENNSYLVANIA 17013 Cumberland Property Address 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, ipromise to pay U.S. $ 25.875.00 (this amount will be called "principal"), plus interest, to the order of the Lender. The Lender is7imbuktu. Inc. . 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 will be called the "Note Holder." 2. INTEREST I will pay interest at a yearly rate of 12.750 %. Interest will be charged on unpaid principal until the full amount of principal has been paid. 3.PAYMENTS 1 will pay principal and interest by making payments each month of U.S. $ 281.19 I will make my payments on the 1 s t day of each month beginning on J u n e 1 s t 2006 • . I 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. If, onMay 1. 2036 , I still owe amounts under this Note, I will pay all those amounts, in full, on that date. I will make my monthly payments atP.0. Box 200010 Kennesaw. GEORGIA 30156-9246 or at a different place if required by the Note Holder. 4. 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 of my monthly payments by the end of. 15 calendar days after the date it is due, 1 will pay a late charge to the Note Holder. The amount of the charge will be 10.000 % of my overdue payment, but not less than U.S. $ 20.00 and not more than U.S. $ 28.12 .I will pay this late charge only once on any late payment. (B)Deraull If 1 do not pay the full amount of each monthly payment by the date stated in Section 3 above, I will be in default. Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described below, the Note Holder will still have the right to do so if 1 am in default at a later time. (C)Notice from Note Holder 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 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, if it is not mailed, 30 days after the date on which it is delivered to me. (D)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 for its costs and expenses to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. PENNSYLVANIA - SECOND MORTGAGE- 1/80- FNMA/FHLMC UNIFORM INSTRUMENT Form 3939 Pape 1 of 2 (M-75A(PA)10206).01 VMP MORTGAGE FORMS-1500)521.7291 I11111111111 ll�lll�ln�ll� Initials: k L N N 1 0 0 0 5.THIS NOTE SECURED BY A MORTGAGE In addition to the protections given to the Note Holder under this Note, a Mortgage, dated April 28, 2006 , protects the Note Holder from possible losses which might result if I do not keep the promises-which I make in this Note. That Mortgage describes how and under what conditions I may be required to make immediate payment in full of all amounts that I owe under this Note. 6. BORROWER'S PAYMENTS BEFORE THEY ARE DUE I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment." When l make a prepayment,l will tell the Note Holder in a letter that I am doing so.A prepayment of all of the unpaid principal is known as a "full prepayment." A prepayment of only part of the unpaid principal is known as a "partial prepayment." I may make a full prepayment or a partial prepayment without paying any penalty. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no delays in the due dates or changes in the amounts of my monthly payments unless the Note Holder agrees in writing to those delays or changes. I may make a full prepayment at any time. If I choose to make a partial prepayment, the Note Holder may require me to make the prepayment on the same day that one of my monthly payments is due. The Note Holder may also require that the amount of my partial prepayment be equal to the amount of principal that would have been part of my next one or more monthly payments. 7. BORROWER'S WAIVERS I waive my rights to require the Note Holder to do certain things. Those things are: (A)to demand payment of amounts due(known as "presentment"); (B)to give notice that amounts due have not been paid (known as "notice of dishonor"); (C) to obtain an official certification of nonpayment(known as a "protest"). Anyone else who agrees to keep the promises made in this Note, or who agrees to make payments to the Note Holder if I fail to keep my promises under this Note,or who signs this Note to transfer it to someone else also waives these rights These persons are known as "guarantors, sureties and endorsers." 8. GIVING OF NOTICES ' Any notice that must be given to me under this Note will be given by delivering it or by mailing it by certified mail addressed to me at the Property Address above. A notice will be delivered or mailed to me 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 he given by mailing it by certified mail to the Note Holder at the address stated in Section 3 above. A notice will be mailed to the Note Holder at a different address if I am given a notice of that different address. 9. RESPONSIBILITY OF PERSONS UNDER THIS NOTE i' • If more than one person signs this Note, each of us is fully and personally obligated to pay-the full amount owed and to keep all of the promises made in this Note. Any guarantor, surety, or endorser of this Note(as described in Section 7 above)is also obligated to do these things. The Note Holder may enforce its rights under this Note against each of us'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. Any person.who takes over my rights or obligations under this Note will have all of my rights and must keep all of my promises made in this Note. Any person who takes over the rights or obligations of a guarantor, surety, or endorser of this Note (as described in Section 7 above) is also obligated to keep all of the promises made in this Note. (Seal) (Seal) Kevin M Taylor -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower WITyp� IECOURSt- PAY'r0 THE 0AOSR OF WEll EARGO GA {Seal) (Seal) Borrower W, 24W / �f'�� -Borrower • '� .Mll,lS, VIC E PRESIDEWT (Seal) (Seal) -Borrower -Borrower (Sign Original Only) 4=45A(PA)10206).01 Paga 2 of z Form 3939 m WITHOUT REpOURSE , PAY TO THE CORDER OF SOIjT STAR FUNDING, LLC TIMB `f,TU, IN RV Pouport,Exe4iflve Vice President WITHOLLT RECOURSE PAY TO THE ORDER OF V"ELL FARGO BANK,N.A SOUTTP,R F D04d LLC By Pouport,Exe tive Vice President szx i Exhibit "B" N LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a spike in the center of L.R. 21034 on the dividing line between Lots Nos. 1 and 2 on the hereinafter mentioned Plan of Lots; thence by said dividing line, South 52 degrees 46 minutes West 300 feet to an iron pin; thence by the same,North 27 degrees 33 minutes 20 seconds West 150 feet to an iron pin; thence by the dividing line between Lots Nos. 2 and 3 on said Plan of Lots,North 52 degrees 46 minutes East 300 feet to a spike in the center of L.R. 21034 aforesaid; thence by the center of said Road, South 27 degrees 33 minutes 20 seconds East 150 feet to the place of BEGINNING. PROPERTY ADDRESS: 36 BURNT HOUSE ROAD A/K/A 36 BRUNT HOUSE ROAD, CARLISLE,PA 17015-7646 PARCEL#08-09-0523-017A File#: 950920 AFFIDAVIT OF SERVICE Please effectuate at least three Service attempts by 01/15/2015 PLAINTIFF CUMBERLAND COUNTY US BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR SASCO DOCKET NO.:14-7125-CIVIL MORTGAGE LOAN TRUST 2006-WF2 DEFENDANT PH#950920 KEVIN M.TAYLOR SERVICE TEAM SERVE KEVIN M.TAYLOR AT: TYPE OF ACTION 64 BOUCHELLE ROAD XX Mortgage Foreclosure NORTH EAST,MD 21901-2514 XX Civil Action SERVED Se ed and made known to KEVIN M.TAYLOR,De endant on the day of- ,20 LI,at o'clockM.,at U CX; C A (C5S in the manner described below: _Defendant sonally served. Adult family member with whoniDefendant(s)reside(s). Relationship is -cher. —Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. _Other: Description: Age 0 Height Weight f v✓ Race l_) Sex ` Other LUff- J I,M I c a competent adult,being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Foreclosure Complaint in the m�qllCt)sgt�fii forth herein,issued in the captioned case on the date and at the address indicated above. ��`�� SEAN .......... 6 Sworn to and suj2scribed befor met is day = a ve oWy �m y� Notary: _ 7NOTSERVIQ .. On the day of 0_,at o'clock .M.,�P�ii R �\; competent adult hereby state that Defendant NOT FOU D because ecause: Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) _No Answer on at at Service Refused Other: Sworn to and subscribed before me this day of 20_. By: Notary: