HomeMy WebLinkAbout15-0281 Supreme Court of Pennsylvania
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CUMBEAAN 'X County Docket No:
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The information collected on this farm 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 qcourt.
Commencement of Action:
S 9 Complaint rl Writ of Summons 0 Petition
E 0 Transfer from Another Jurisdiction F1 Declaration of Taking
C Lead Plaintiff's Name: WELLS FARGO BANK,NA Lead Defendant's Name: BRETT E.EATER
T
Are money damages requested? El Yes ZX No Are Amount Requested: D within arbitration limits
0 (Check one) 0 outside arbitration limits
N 'Is this a Class Action Suit? ❑Yes 9 No Is this an MDJ Appeal? El Yes ZX No
A Name of Plaintiff/Appellant's Attorney: PETER WAPNER,Esq.,Id.Na 318263 Phelan Hallman,LLP
F1 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 El Buyer Plaintiff Administrative Agencies
0 Malicious Prosecution 0 Debt Collection:Credit Card El 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) 11 Employment Dispute:
0 Slander/Libel/Defamation Discrimination
E El Other: El Employment Dispute:Other 0 Zoning Board
C 0 Other:
T
I MASS TORT 0 Other:
0 0 Asbestos
N 1:1 Tobacco
0 Toxic Tort-DES
0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
0 Toxic Waste 0 Ejectment 0 Common Law/Statutory Arbitration
B 0 Other: 11 Eminent Domain/Condemnation 0 Declaratory Judgment
11 Ground Rent El Mandamus
11 Landlord/Tenant Dispute 0 Non-Domestic Relations
0 Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABILITY 0 Mortgage Foreclosure:Commercial 0 Quo Warranto
F-1 Dental 0 Partition 0 Replevin
•Legal 0 Quiet Title 0 Other:
•Medical 0 Other:
0 Other Professional:
Pa.R.C.P. 205.5 Updated 0.710112011
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
g
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#: 958955
- F.
h 1
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.:
VS.
BRETT E. EATER
1719 DOUGLAS DRIVE
CARLISLE, PA 17013-1092
MELISSA L. EATER
1719 DOUGLAS DRIVE
CARLISLE, PA 17013-1092
Defendants.
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: S
062-PA-V6
1. The Plaintiff is WELLS FARGO BANK, NA, 3476 STATEVIEW
BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff').
2. The Defendants are, BRETT E. EATER and MELISSA L. EATER, with a last
known address of 1719 DOUGLAS DRIVE, CARLISLE, PA 17013-1092.
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 July 29, 2013, BRETT E. EATER and MELISSA L. EATER made,
executed and delivered to WELLS FARGO BANK, N.A. a Mortgage in the original principal
amount of$139,837.00 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 September 16, 2013, in Instrument No. 201330597. 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. BRETT E. EATER and MELISSA L. EATER are the record and real owners of
the aforesaid mortgaged premises.
8. Defendants are 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 01/01/2015, the amount due and owing Plaintiff on the mortgage is as
follows:
Principal $ 136,686.52
Interest
From 07/01/2014 to 01/01/2015 $ 2,562.90
Late Charges $ 164.10
Escrow Advance $ 191.73
Property Inspections $ 0.00
Property Preservations $ 0.00
BPO/Appraisals $ 0.00
Escrow Balance $ 0.00
Corporate Advance Credit $ 0.00
Total $ 139,605.25
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-V6
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$139,605.25, 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: PETER WAPNER,Esq., Id. No.318263
Attorney for Plaintiff
062-PA-V6
Exhibit "A99
Multistate NOTE FHA Case No.
JULY 29, 2013
(Date)
1719 DOUGLAS DRIVE, CARLISLE, PA 17013
(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
NINE THOUSAND EIGHT HUNDRED THIRTY SEVEN AND 00/100
Dollars(U.S. $ ********139,837.00 ),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 THREE AND THREE—QUARTERS
percent( 3.750 %)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
SEPTEMBER 01 , 2013 . Any principal and interest remaining on the first day of AUGUST
2038 ,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 11758, NEWARK, NJ
071014758 or at such place as Lender may designate in writing
by notice to Borrower.
(C) Amount
Each monthly payment of principal and interest will be in the amount of U.S. $*******718.95 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 pari of
this Note, [Check applicable boxf �-7
❑Gradua(ed Payment Allonge DGrow�ing Equity Allonge ❑Other Ispecify)
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.
�® 1R(9mi) FHA Attttttstate tUed(sate Note-10/95
YMP MORTGAGE FORMS•(600)521-7291 `['
Page 1 of 2 IM621
�s�f//�L.� .
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
t(Q 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
It 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 SecreLiry 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
lacy. 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 dim• "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 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 owcd. Any person who is a guarantor, surety or endorser of this Note is
also obligated to do these things. Any person who Likes 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 tinder this Note.
BY SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Note.
r n +a t.( 1.�
� (Seal) (Seal)
-Borrower BRETT EE RATER Borrower
(Seal) (Seal)
-Borrower MELISSA L EATER -Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower
-Borrower
®ARi> Page 2 of 2
WITHOUT RECOURSE
PAY TO THE ORDER OF
WELLS FARG ANK.N.A.
BY
SAMUEL C.SHELLEY.SEN1tiR v� E�RES1001 a
Exhibit "B"
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land, together with the improvements thereon erected, situate in
North Middleton township, Cumberland county, Pennsylvania, more particularly shown on a
certain plan entitled 'subdivision plan section no. 1 of Pheasant Run estates for Metlanco, Inc.,
Ste,=retts Gap road, North Middleton township, Cumberland Co., Pennsylvania scale: 1 inch=100
feet November 24, 1972' by Gerrit J. Betz, in plan book 23,page 117 in the office of the recorder
of deeds for Cumberland county. Said lot is more particularly bounded and described as follows:
BEGINNING at a point on the eastern right-of-way line of Douglas drive, also being the dividing
line of lots 26 and 27 as shown on the above-mentioned plan; thence by the aforesaid lot line
south 86 degrees 10 minutes 00 seconds east 147.40 feet to a point at the western line of lot 33;
thence by aforesaid line and by line of lots 32 and 31, south 02 degrees D58 minutes 47 seconds
west 100.01 feet to a point at the northern line of lot 28; thence by aforesaid line north 86
degrees 10 minutes 00 seconds west 148.89 feet to a point at the eastern right-of-way line of
Douglas drive; thence by aforesaid line north 03 degrees 50 minutes 00 seconds east 100.00 feet
to a point, being the place of beginning.
BEING lot 27 as shown on the above-mentioned subdivision plan and having thereon erected a
single family residence known and numbered as 1719 Douglas drive, Carlisle, Pennsylvania.
BEING THE SAME PREMISES which Metlanco, Inc., by deed dated September 27; 1980 and
recorded October 15, 1980 in the office of the recorder of deeds in and for Cumberland county at
Carlisle, Pennsylvania in deed book'D', volume 29, page 722, granted and conveyed to Theodore
R. Kimpton and Rita M. Kimpton, his wife. The said Theodore R. Kimpton having died
File k 958955
September 28, 1997, title to the same remained vested by operation of law solely in his surviving
spouse, Rita M.. Kimpton, the grantor herein.
BY order of the court of common pleas of Cumberland county, Orphans'court division dated
December 2, 2002 and tiled in the office of the Clerk of the Orphans'court to filed no. 21-02-
976, Edward Bezdzicki and Bernadine Merrels were appointed plenary guardians of the estate of
the said Rita M. Kimpton. By further order dated November, 2003 and filed to the said file in the
office of the Clerk of the Oiphans'court, Edward Bezdzicki, surviving guardian was authorized
to convey the above-described real estate to the grantees herein.
A.P.N. 29-17-1583-013
PROPERTY ADDRESS: 1719 DOUGLAS DRIVE, CARLISLE,PA 17013-1092
PARCEL#29-17-1583-013.
File#: 958955
VERIFICATION
Leola McCray, hereby states that he/49is Vice President Loan Documentation,
Of WELLS FARGO BANK, N.
A•,plaintiff in this matter, that he/(q is authorized to
make this Verification, and verify that the statements made i
m Mortgage Foreclosure are n the foregoing Civil Action
true and correct to the best of his�informa •
The undersigned understands that this statement is made subjecttion and belief.
C.S. Sec. 4904 relating to unsworn falsification to to the penalties of 18 Pa.
authorities.
C
Name: Leola McCray
Title: Vice President Loan Documentation
Company: Wells Fargo Bank, N.A.
Date: 01/08/2015
File#958955
086-PA-V2