HomeMy WebLinkAbout15-0260 Supreme Court.of Pennsylvania
Count+r''Common Pleas
For Prothonotary Use Only:
Civil Coyer_ Sheet
CUMBERLAND, )-- }
County Docket No:
00/s
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 a ers 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: TEDDY L. CAUFMAN, SR
T
I Are money damages requested? ❑Yes ❑x No Dollar Amount Requested: ❑ within arbitration limits
0 (Check one) outside arbitration limits
N Is this a Class Action Suit? ❑Yes ❑x No Is this an MDJ Appeal? ❑Yes Z No
A Name of Plaintiff/Appellant's Attorney: PETER WAPNER,Esq.,Id.No.318263,Phelan HallinanLLP
❑ 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
I MASS TORT ❑ Other:
0 ❑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
Z 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 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
32 SOUTH BEDFORD STREET
CARLISLE,PA 17013
(717)249-3166
(800)990-9108
File#: 959370
r,
t,t ti
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
WELLS FARGO BANK, NA
3476 STATEVIEW BOULEVARD CIVIL DIVISION
FORT MILL, SC 29715
Plaintiff, NO.: a t S bU cr)u b
vs.
TEDDY L. CAUFMAN, SR
208 WEST PINE STREET
MOUNT HOLLY SPRINGS, PA 17065-1122
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:
062-PA-V6 �UC�
1� 3l s Le
1. The Plaintiff is WELLS FARGO BANK, NA, 3476 STATEVIEW
BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff').
2. The Defendant is, TEDDY L. CAUFMAN, SR, with a last known address of 208
WEST PINE STREET, MOUNT HOLLY SPRINGS, PA 17065-1122.
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 June 8, 2010, TEDDY L. CAUFMAN, SR made, executed and
delivered to WELLS FARGO BANK, N.A. a Mortgage in the original principal amount of
"$162,807.00 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 June 8, 2010, in Instrument No. 201015073. 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. TEDDY L. CAUFMAN, SR 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 August 1, 2014.
062-PA-V6
9. As of 12/29/2014, the amount due and owing Plaintiff on the mortgage is as
follows:
Principal $150,745.01
Interest $3,067.97
From 07/01/2014 to 12/29/2014
Late Charges $284.90
Escrow Advance $242.76
Property Inspections $0.00
Property Preservation $0.00
BPO/Appraisals $0.00
Escrow Balance $0.00
Corporate Advance Credit $0.00
Total $154,340.64
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
062-PA-V6
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$154,340.64, with interest thereon plus additional costs (including additional
escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the
mortgaged premises.
Q e
By: � V�
Date: PETER WAPNER, Esq., Id. No.318263
Attorney for Plaintiff
062-PA-V6
VERIFICATION
Jasmin McLean, hereby states that he he s Vice President Loan Documentation of
WELLS FARGO BANK, N.A., plaintiff in this matter, that he/10s 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 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.
Name: Jasmin McLean
Title: Vice President Loan Documentation
Company: Wells Fargo Bank, N.A.
Date: 12/30/2014
086-PA-V2 File#959370
Exhibit "A"
Multistate
ADJUSTABLE RATE NOTE PIIACa,eN°.
JUNE 08, 2010
fDatel
208 W PINE ST,
MT HOLLY SPRINGS, PA 17065
lt'roperly Adlirexsl
1. PARTIES
—Borrower" means each person signing at the end of this Note, and the person's successors and ussigns. "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 SIXTY TWO
THOUSAND EIGHT HUNDRED SEVEN AND 00/100
Dollars(U.S. S ********162,807.00 ),plus interest, to the order ofLender. interest will he charged on unpaid principal,
from the date of dishur%ement of the loun proceeds by Lender,ut a rate of FOUR AND ONE—EIGHTH
percent ( 4.125 %) per year until the lull amount of principal has been paid. The interest rate may change
in accordance with Paragraph 5(C)of This Note.
3. PROMISE TO PAY SECURED
Borrower's promise to pay is secured by a mortgage,decd of trust or similar security instrument that is dated the same date
as this Note and called the "Security Instrument." That Security Instrument protects the Lender from losses which might result
il'Burrower defaults under this Note.
4. MANNER OF PAYMEW
(A) Time
Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on
AUGUST 01 , 2010 .Any principal and interest remaining un the first day of JULY
2040 ,will be due on that date,which is culled the "Maturity Date."
(B) Place
Payment shall he mudeul WELLS FARGO HOME MORTGAGE, P.O. BOX 11701, NEWARK, NJ
071014701 or at such other place as Lender may designate in writing
by notice to Burrower.
(C) Amount
Initially, each monthly paymcntof principal and interest will by in the amount of U.S. S **********789.04
This amount will he part of a larger monthly payment required by the Security Instrument that shall he applied to principal,
interest and other items in the order described in the Security Instrument. 'Phis amount may change in accordance with
Paragraph 5(r)of this Note.
5. INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Date
The interest rule may change on the lust day of OCTOBER 2015 ,and on that day every
12th month lhercufler. "Change Date" moans each date on which the interest rate could change.
(B) The Index
Beginning with the first Change Date. the interest rile will be based on an Index. "Index" means the weekly
average yield on United Slates Treasury Securities adjusted to a cunstaut maturity of uric year, as muds available by the I e(lcrel
Reserve Board. "Current Index" means the most recent Index Figure available 30 days bcfi)rc the Change Date. If the Index (as
FILA\lulrislnte Adjustable Rule Nutc-04104
�0 590 toaoal
VMP Mongogo Solmons j8W)521.729i
Page 1 of 3 lmllals ,
defined above) is no longer available, Lender will use as a new Index any index prescribed by the Secretary (as defined in
Paragraph 7(B)). Lender will give Borrower notice of the new Index.
(C) Calculation of Interest Rate Changes
Before each Change Dale, Lender will calculate a new interest rate by adding a murgin of ONE AND
THREE-QUARTERS percentage point(s) ( 1.750 %) to the Current Index and
rounding the sum to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Paragraph 5(D) of
this Note,this rounded amount will be the new interest rale until the next Change Date.
(D) Limits on Interest Rate Changes
The existing interest rate will never increase or decrease by more than ONE
percentage points) ( 1 %)on any single Change Date. -rhe interest rate will never he more than
FIVE percentage points( 5 %)higher or lower than the initial interest rate
staled in Paragraph 2 of this Note.
(E) Calculation of Payment Change
If the interest rate changes on a Change Dale, Lender will calculate the amount of monthly payment of principal and
interest which would be necessary to repay the unpaid principal balance in full at the Maturity Date at the new interest rate
through substantially equal payments. In making such calculation, Lender will use the unpaid principal balance which would be
owed on the Change Date if there had been no default in payment on the Notc, reduced by the amount of any prepayments to
principal.The result of this calculation will he the amount of the new monthly payment of principal and interest.
(F) Notice of Changes
Lender will give notice to Burrower of any change in the interest rate and monthly payment amount. The notice must
be given at least 25 days before the new monthly payment amount is due, and must set forth (i) the date of the notice, (ii) the
Change Datc, (iii) the old interest rate, (iv) the new interest rule, (v) the new monthly payment amount. (vi) the Current Index
and the bale it was published, (vii) the method of calculating the change in monthly payment amount, and (viii) any other
information which may be required by law from time to time.
(C) Effective Date of Changes
A new interest rule calculated in accordance with Paragraphs 5(C)and 5(D) of this Note will become efi'ective on the
Change Dale. Borrower shall make a payment in the new monthly amount beginning on the first payment date which occurs at
least 25 days after Lender has given Borrower the notice of changes required by Paragraph 5(F) of this Note. Burrower shall
have no obligation to Puy uny increase in the monthly payment amount calculated in accordance with Paragraph 5(E) of this
Note for any payment date occurring less than 25 days afler Lender has given the required notice. ]f the monthly payment
amount calculated in accordance with Paragraph S(E) of this Note decreased, but Lender failed to give timely notice of the
dccrcasc and Burrower made any monthly payment amounts exceeding the payment urttount which should have been stated in a
timely notice, then Borrower has the option to either (i) demand the return to Borrower of any excess payment, with interest
thereon at the Note rete (a rule equal to the interest rate which should have been stated in a timely notice), or (ii) request that
any excess payment,with interest thereon at the Now rate, he applied as payment ofprincipal. Lender's obligation to return any
excess payment with interest on demand is not assignable even if this Note is otherwise assigned belbre the demand for return is
made.
b. BORROWER'S RIC;IIT TO PREPAY
Burrower 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 lu the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a
partial prepayment, there will he no changes in the due date or in the amount of the monthly payment unless Lender agrees in
writing to those changes.
7. 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 anwunt of
FOUR percent ( 4.000 %) of the overdue amount
of each payment.
(B) Default
II'Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations
of the Sccrclury in the case of payment defaults, require intrneliatc payment in full of the principal balance remaining due and
all accrued interest. Lender may choose not to excrcisc this option without waiving its rights in the cvcni of any subsequent
(a-590 (0404) Pape 2 Cf 3 Inivalc
Q)
default. This Note clues not authorize acceleration whcn'not permitted by I•IUD 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 immcdiale payment in full, as described above, Lender muy require Borrower to pay costs and
expenses including reasonohle and customary attorneys' fees fur enforcing this Note to the exlent.not prohibited by applic,abic
law. Such fees and costs skull bear interest frum the date of disbursement at the same rate as the principal of this Nate.
S. WAIVERS
Burrower 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 clue. "Notice-of dishonor" means
the right to require Lender to give notice to other persons that amounts due have not been paid.
9.GIVING Of~NOTICES
Unless applicahle law requires a different method, any notice ilia(must be given to Borrower under this Note will he given
by delivering it or by mailing it by first class mail to I3'o ruwcr at the property address above or at u different address if
Borrower has given Lender a notice of Borrower's.dil'lcren(.address.
Any notice that must he given to Lender under this Note will be given by first class mail to Lender at the address staled in
Paragraph 4(B)or at a different address if Borruwer'is given a notice of that different address-
Ill.OBLIGATIONS OF PERSONS UNDERTHIS NOTE
If inure than one person signs this Nole, each person is fully'and personally obligulcd 1u keep all of the promises made in
this Note, including the promise to pay•.lhc full .urhount 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 Now, is also obligated to keep all ol'the promises made in this Note. Lender may cnlirrce its rights under this
Note against each person individually or against all-signatories together. Any one person signing this Note may bc.reluircd it)
pay all ut'the amounts owed under this Note.
BY SIGNING BELOW, Borrower ucceptsand agrees to the terns and covenants contained in this Note.
(Seal) (Seal)
TEDDY L. CAUFMAN, SR. -Borrower •norrower
(Sear) (Seal)
-nurruwrr -Burrower
(Seal) (Seal)
-norrowrr
•norrowct
(Seal) (Seal)
-norrowcr fiurruwer
-590 104011 Page 0 013
O -
UT RECOURSE
tv.
T . '
LEGAL DESCRIPTION
ALL THAT CERTAIN TRACT of land, together with improvements of a split level dwelling
house,one car garage, two car carport and small outbuilding, situate,lying and being in South
Middleton Township, Cumberland County, Pennsylvania being more fully bounded and
described in accordance with a survey prepared by LaRue Survey Associates dated October 26,
2004, as follows, to wit:
BEGINNING at a point in or near the centerline of West Pine Sheet; thence leaving said
centerline and extending along lands now or formerly of the Wesley United Methodist Church
the following courses and distances: 1)North 11 degrees 46 minutes 58 seconds East, a distance
of 103.06 feet to a point; 2) South 79 degrees 11 minutes 11 seconds East a distance of 160.49
feet to an existing concrete monument at lands now or formerly of Stewart Richard and Mildred
L. Kerchner; thence along the last mentioned lands South 13 degrees 00 minutes 00 seconds
West, a distance of 174.10 feet extending into West Pine Street; thence continuing in and near
die centerline of West Pine Street North 54 degrees 40 minutes 44 seconds West a distance of
171.00 feet to the point and Place of BEGINNING.
PROPERTY ADDRESS: 208 WEST PINE STREET,MOUNT HOLLY SPRINGS, PA
17065-1122
PARCEL#40-32-2334-049.
File#: 959370