WELLS FARGO BANK, N.A. v. CARNELL et al
Filing
47
MEMORANDUM OPINION AND ORDER granting 23 Motion for Summary Judgment. Accordingly, it is Ordered that all claims brought in Plaintiff Wells Fargo Bank, N.A.'s Complaint, (ECF No. 1 ) against Defendant Ryan P. Jay and Defendant Larry E. Jay are DISMISSED WITH PREJUDICE, and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 2/15/2018. (dlg)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
WELLS FARGO BANK, N.A.,
)
Case No. 3:16-cv-130
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Plaintiff,
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JUDGE KIM R. GIBSON
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v.
)
)
JEFFREY A. CARNELL, ANNA M.
CARNELL, RYAN P. JAY, and LARRY E.
JAY,
)
)
)
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Defendants.
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MEMORANDUM OPINION
I.
Introduction
Presently pending before the Court is the Motion for Summary Judgment (ECF No. 23)
filed by Defendants Ryan P. Jay and Larry E. Jay (collectively "the Jays"). This Motion has been
fully briefed (see ECF Nos. 24, 25, 29, 30, 33, 34) and is ripe for disposition.
This case arises from Wells Fargo Bank, N.A.'s ("Wells Fargo") claims against two
mortgagors, Jeffrey A. Camell and Anna M. Camell (collectively "the Camells"), and the two
notary publics who notarized the underlying mortgage documents, the Jays.
Wells Fargo,
primarily seeking quiet title to the property underlying the mortgage, alleges that the Camells
defaulted on their mortgage payments. Most relevant for the purposes of the Jays' Motion for
Summary Judgment, Wells Fargo, in apparent recognition of the Camells' assertions that Anna
M. Camell signed Jeffrey A. Camell's name on the mortgage documents, alternatively asserts
claims for fraud and negligent misrepresentation against the Jays. In the instant Motion, the Jays
ask this Court to dismiss those claims pursuant to Federal Rule of Civil Procedure 56(a) as barred
by the statute of limitations.
For the reasons that follow, the Jays' Motion for Summary Judgment (ECF No. 23) is
GRANTED.
II.
Jurisdiction and Venue
Under 28 U.S.C. § 1332(a)(1), district courts have original jurisdiction over cases between
citizens of different states if the amount in controversy exceeds $75,000. For diversity purposes,
a national banking association- like Wells Fargo-is considered a citizen of "the State designated
in its articles of association as its main office." Wachovia Bank v. Schmidt, 546 U.S. 303, 318 (2006);
see also 28 U.S.C. § 1348.
Wells Fargo's main office is located in South Carolina and Defendants are domiciled in
Pennsylvania. (ECF No. 1 'lI'lI 1-5; ECF No. 39 'lI'lI 1-5.) Further, the value of the mortgage
underlying this dispute exceeds $75,000. (ECF No. 1'lI24; ECF No. 39 'lI 24.) This Court, therefore,
has original jurisdiction under 28 U.S.C. § 1332(a)(l).
Venue is proper in this district under 28 U.S.C. § 1391 because the property in question is
in the Western District of Pennsylvania and at least one defendant resides in the Western District
of Pennsylvania. (ECF No. 25 'lI 3; ECF No. 29 'lI 3.)
III.
Relevant Procedural and Factual History1
The following facts are undisputed unless otherwise noted. 2
This Memorandum Opinion combines the procedural and factual history into a single section because the
procedural history is particularly pertinent to the disposition of the present Motion for Summary
Judgment. (ECF No. 23.)
2 The Court derives these facts from a combination of the exhibits attached to the Jays' Motion for Summary
Judgment (ECF No. 23-1), the Jays' Concise Statement of Material Facts (ECF No. 25), Wells Fargo's
1
-2-
On June 19, 2008, Larry E. Jay notarized the signatures of the Camells on a mortgage in
favor of Wells Fargo on real property identified as 4139 Elk Lick Road, Everett, PA 15537 ("the
Property"). (ECF No. 23-1, Ex. 1 at 3-6.) This 2008 mortgage was recorded with the Bedford
County Recorder of Deeds on July 9, 2008. (Id.) On March 19, 2009, Ryan P. Jay notarized the
signatures of the Camells on a mortgage in favor of Wells Fargo on the Property. (ECF No. 23-1,
Ex. 4at12-15.) This 2009 mortgage was recorded with the Bedford County Recorder of Deeds on
April 7, 2009. (Id.)
On March 14, 2012, Wells Fargo filed an action in the Bedford County Court of Common
Pleas ("Foreclosure Action") to foreclose on the 2009 mortgage. (ECF No. 23-1, Ex. 7 at 21-24.)
On May 29, 2012, Jeffrey A. Camell filed and served an answer and new matter in the Foreclosure
Action in which he denied that he signed either of the Wells Fargo mortgages in 2008 or 2009 and
averred that the notary public "acted negligently, recklessly[,] and/or willfully in affixing his
signature and seal to the subject debt instrument (mortgage), when he knew or should have
known that [Jeffrey A. Camell] did not appear before [the notary public] and sign the subject
document." (ECF No. 23-1, Ex. 8 at 25-29; ECF No. 23-1, EX. 8
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