IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
WELLS FARGO BANK, N.A., S/B/M CIVIL DIVISION WELLS FARGO HOME MORTGAGE, lNC.,
Case No. MG-10-000400 Plaintiff,
JOHN C. KOSAR and LINDA S. KOSAR,
MOTION TO STAY AND PETITION FOR RULE TO SHOW CA– USE WHY ACTION SHOULD NOT BE DISMISSED, WITH PREJUDICE, FOR WIDESPREAD, SYSTEMIC AND DELIBERATE VIOLATION OF THE RULES OF COURT AND FOR ATTORNEY’S FEES
Some excerpts from the motion…
16. The law ﬁrm Phelan, Hallinan & Schrnieg, PC (hereinafter “The Phelan Firm”)
and its client, Wells Fargo, have engaged in a deliberate and systemic practice of ﬁling defective and/or false attorney veriﬁcations to the lawsuits they ﬁle in this County, including the instant
17. By means of this Petition, it will become crystal clear to this Honorable Court that
the Phelan Law Firm, and its client Wells Fargo, utilize a “business model” that mandates that
attorneys ﬁle veriﬁcations that are either defective, false, or both. The business model then
requires that these lawyers then follow-up their own veriﬁcations with “robo-signed” substitute veriﬁcations that are patently false. These substitute veriﬁcations are executed by admitted
20. Before providing the Court with the evidence of systemic and deliberate violations of the Rules of Court, Defendants will ﬁrst ﬁnalize presenting the procedural history
of this case.
Well Fargo’s Complaint was served upon Defendants on March 2, 2010.
On March 4, 2010, the Kosars ﬁled their request for Conciliation.
On_March 9, 2010, a Praecipe to Substitute Veriﬁcation was ﬁled.
Another lawyer working at the Phelan Law Firm, speciﬁcally, Jenine R. Davey,
Esquire, signed the Praecipe to Substitute Veriﬁcation on behalf of Wells Fargo.
25. The actual veriﬁcation appended to the Praecipe to Substitute Veriﬁcation was
signed by a woman named Xee Moua. This veriﬁcation is attached hereto as Exhibit 5.
The veriﬁcation signed by Ms. Moua states, in full:
Xee Moua hereby states that he/she is V.P. Loan Documentation of Wells Fargo Home Mortgage, Inc., servicing agent for Plaintiff in this matter, that he/she is authorized to take this Veriﬁcation, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of hisfher knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unswom falsiﬁcation to authorities.
/s/ Xee Moua Name: Xee Moua Title: V.P. Loan Documentation Company: Wells Fargo Home Mortgage, Inc.
II. XEE MOUA IS A FRAUD
28. Below, the Court is presented with a chart listing eighty-nine (89) other cases
ﬁled in this county during the ﬁrst few months of 2010. These cases have been identiﬁed by
unde1sig;ned counsel searching the dockets for cases ﬁled by the Phelan Law Firm on behalf of
29. All 89 lawsuits were ﬁled by the Phelan Law Finn.
30. The plaintiff in each of the 89 cases is Wells Fargo.
31. In all 89 lawsuits, an attorney initially veriﬁed the Complaint, claiming, falsely,
that there was insufficient time to obtain Wells Fargo’s veriﬁcation. The chart below lists the
last name of the attorney who signed the veriﬁcation.
32. In all 89 lawsuits, a Praecipe to Substitute Veriﬁcation was ﬁled, by means of
which a robo-signed veriﬁcation was submitted. The chart below lists the name of the robo
signer, as well as the last name of the lawyer at the Phelan Law Firm who signed the Praecipe to
33. Shockingly, (58) of the substitute veriﬁcations were signed by Xee
Moua, who, as the Court will see below, is not only an admitted robo-signer, but she is well
know to Wells Fargo, the Ohio Attorney General, the New York Times, Bloomberg News,
Reuters, and many other news media.
34. This Motion to Stay and Petition for Rule To Show Cause calls to the Court’s
attention a total of 59 instances (the 58 cases listed in the chart below, plus this case involving
the Kosars) where Xee Moua has swom, subject to the pains and penalties of perjury, that the
information contained in 59 separate lawsuits, was true and correct to the best of her knowledge,
information and belief. She has done so despite the fact that she has admitted — under oath — that she reads nothing other than her name and title prior to verifying a document, as we establish immediately below.
35. Sometimes the stars align, and they sure have for the Kosars, this Court, and
Justice in general. This is a good thing, because it helps make the presentation of the
grotesqueness of Wells Fargo’s and its “robo-lawyers” conduct much easier.
36. On the Day that Xee Moua’s substitute veriﬁcation was ﬁled in this action
(i.e. 3/9/10), Ms. Moua was sitting in a deposition room in Charlotte, North Carolina being deposed in the matter of Wells Bank. NA v. Stipek, case No. 50 2009 CA Ol2434XXXXMB AW, Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida. The full transcript of this deposition is attached hereto as Exhibit 6.
37. During that deposition, Ms. Moua testiﬁed that she held the title of Vice President
of Loan Documentation for the purpose of signing the documents.1
Be sure to check out the full motion below…