HomeMy WebLinkAbout14-7368 Supreme Court of Pennsylvania
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Cour 11"f omi&n Pleas
1VFor Prothonotary Use Only:
civitc4ef Sheet
CU BE '
A K_�3 County Docket No:
The information collected on dais form is used solely for court administration purposes. This form does not
supplement or replace the clip and service ofpleadings or other papers as required by law or rules of court.
Commencement of Action;
S 9 Complaint 0 Writ of Summons 0 Petition
E 0 Transfer from Another Jurisdiction 0 Declaration of Taking
C Lead Plaintiffs Name: WELLS FARGO BANK,NA Lead Defendant's Name: MICHAEL J. WALTERS
T
I Are money damages requested? El Yes 21 No Dollar Amount Requested: El within arbitration limits
0 (Check one) 0 outside arbitration limits
N Is this a Class Action Suit? El Yes 21 No Is this an MDJ Appeal? El Yes 9 No
A Name of Plaintiff/Appellant's Attorney: Jonathan Lobb,Esq.,Id.No.312174,Phelan Halligan,LLP
0 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
0 Intentional 0 Buyer Plaintiff Administrative Agencies
El Malicious Prosecution 0 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
El Product Liability(does not
S include mass tort) 0 Employment Dispute:
11 Slander/Libel/Defamation Discrimination
E 0 Other: El Employment Dispute: Other 0 Zoning Board
C 0 Other:
T
I MASS TORT n Other:
0 0 Asbestos
N 0 Tobacco
0 Toxic Tort-DES
•Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
•Toxic Waste 0 Ejectment 0 Common Law/Statutory Arbitration
B 11 Other: 0 Eminent Domain/Condemnation 0 Declaratory Judgment
0 Ground Rent 0 Mandamus
0 Landlord/Tenant Dispute 0 Non-Domestic Relations
19 Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABILITY 0 Mortgage Foreclosure:Commercial 0 Quo Warranto
•Dental 0 Partition 0 Replevin
•Legal 0 Quiet Title 0 Other:
El Medical 0 Other:
0 Other Professional:
Pa.R.CP. 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#: 955609
_..rr
PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF
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 4 -
FORT MILL, SC 29715 8 i/
Plaintiff, NO.: , ~
VS.
MICHAEL J. WALTERS
205 EAST LOCUST STREET
MECHANICSBURG, PA 17055-6522
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 STATEVIE�
BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff').
Q.
062-PA-V5 U �( /ca v
.u.. to( ) g9Ja. t
2. The Defendant is, MICHAEL J. WALTERS, with a last known address of 205
EAST LOCUST STREET, MECHANICSBURG, PA 17055-6522.
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 26, 2006, MICHAEL J. WALTERS made, executed and
delivered to WELLS FARGO BANK, N.A. a Mortgage in the original principal amount of
$84,837.00 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 31, 2006, in Book 1952, Page 3136. 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 J. WALTERS 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 June 1, 2014.
062-PA-VS
9. As of 12/12/2014, the amount due and owing Plaintiff on the mortgage is as
follows:
Principal $ 73,418.42
Interest
From 05/01/2014 to 12/12/2014 $ 2,983.90
Late Charges $ 121.88
Escrow Advance $ 654.36
Property Inspections $ 0.00
Property Preservations $ 0.00
BPO/Appraisals $ 0.00
Escrow Balance $ 0.00
Corporate Advance Credit $ 0.00
Total $ 77,178.56
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.
062-PA-V5
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$77,178.56, 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: (y
I2 3 Itf Jonat n LobbEsq., Id. No.312174
Atto ey for Plaintiff
062-PA-VS
VERIFICATION
Leola McCray,hereby states that he/&d is Vice President Loan Documentation,
of WELLS FARGO BANK,N.A., plaintiff in this matter, that he/09 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 his/"e, 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.
�G
g4'
Name: Leola McCray
Title: Vice President Loan Documentation
Company: Wells Fargo Bank,N.A.
Date: 12/18/2014
File#955609
086-PA-V2
Exhibit "A"
Multistate
NOTE FHA Case No.
MAY 26, 2006
[Datel
205 E LOCUST ST, MECHANICSBURG, PA 17055
[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 EIGHTY FOUR THOUSAND
EIGHT HUNDRED THIRTY SEVEN AND 00/100
Dollars(U.S. $ *********84,837.0 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 SIX AND FIVE-EIGHTHS
percent( 6.625 %) 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 , 2006 . Any principall and interest remaining on the first day of JUNE ,
2036 , 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 17339, BALTIMORE, MD
212971339 or at such place as Lender may designate in writing
by notice to Borrower.
(C) Amount
Each monthly payment of principal and interest will bein the amount of U.S. $*******54 3.22 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 ❑Other[specify]
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 Lender agrees in
writing to those changes.
R FHA Multistate
J800)621-7291 Rate -10/95
® VMPMTGAE FORMS
Page 1 of 2 1nitiats:�j }!
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.
8. 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 TtHS 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 and co nants con d ' this
/ SZG �
(Seal) � (Seal)
-Borrower MICHAEL J ALTERS Borrower
(Seal) (Seal)
-Borrower -Borrower.
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
WITHOUT RECOURSE
PAY TO THE ORDER OF
(M AR tseoii Page 2 of 2E♦^ ARG BAN
WN.A.
HY I�J
an M.Mills,Vice•Pre Went
i
xhibit "B"
r
LEGAL DESCRIPTION
ALL that certain tract of land situate on the North side of East Locust Street in the Second Ward
of the Borough of Mechanicsburg, Cumberland County, Pennsylvania, bounded and described by
a survey prepared by D. P. Raffensberger Associates, a registered surveyor, dated October 7,
1983, as follows to wit:
BEGINNING at a point on building line of said East Locust Street at corner of lot now or
formerly of John C.Foose; thence Northward through the center of joint alley-way to be used in
common by the said John C. Foose, his heirs and assigns, and land now or formerly of Kelly
Allen Hawke, North 14 degrees 00 seconds West, 38 feet to a pin (said joint alley-way being
3.55 feet in width); thence along end of said joint alley-way,North 76 degrees 00 minutes East,
1.35 feet to a pin; thence along lot now or formerly of John C. Foose, North 14 degrees 00
minutes West 99 feet to a pin at Stouffer Alley;thence eastward along said alley, North 76
degrees 00 minutes East, 13.68 feet to a pin at corner of lot herein conveyed; thence South 14
degrees 00 minutes East along the line of the said lot herein conveyed (passing through the
center of the partition wall of a double frame dwelling house), 137 feet to said East Locust
Street; thence along the building line of said Street, South 76 degrees 00 minutes West, 15.03
feet, to the Place of BEGINNING.
SUBJECT, HOWEVER, to the express condition,reservation and understanding that the
3.55 feet wide and 38 feet long joint alley on the west, between the property hereby conveyed
and the adjoining property is to be used in common by the respective owners thereof, their
tenants, occupiers,heirs and assigns.
PROPERTY ADDRESS: 205 EAST LOCUST STREET,MECHANICSBURG, PA 17055-
6522
PARCEL#17-23-0565-133
File k 955609