IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A., S/B/M ‘WELLS FARGO HOME MORTGAGE, INC., Plaintiff, v. JOHN C. KOSAR and LINDA S. KOSAR, Defendants. CIVIL DIVISION Case No. MG-10-000400 Code: 140 Mortgage Foreclosure MOTION TO STAY AND PETITION FOR RULE TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED, WITH PREJUDICE, FOR WIDESPREAD, SYSTEMIC AND DELIBERATE VIOLATION O¥ THE RULES OF COURT AND FOR ATTORNEY'S FEES Filed on behalf of: Defendants Counsel of Record for this Party: Patrick J. Loughren, Esquire PA LD. #80449 Loughren, Loughren & Loughren, P.C. 310 Grant Street Suite 2800 Grant Building Pittsburgh, Pennsylvania 15219 ‘Telephone 412-232-3530 Facsimile 412-232-3535‘MG-10-000400 IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA. WELLS FARGO BANK, N.A., S/B/M CIVIL DIVISION WELLS FARGO HOME MORTGAGE, INC., Case No. MG-10-000400 Plaintiff, v. JOHN C. KOSAR and LINDA S. KOSAR, ‘Defendants. MOTION TO STAY AND PETITION FOR RULE TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED, WITH PREJUDICE, FOR WIDESPREAD, SYSTEMIC AND DELIBERATE VIOLATION OF THE RULES OF COURT AND FOR ATTORNEY'S FEES AND NOW, come the Defendants, John Kosar and Linda Kosar, his wife, by and through their attorney, Patrick J. Loughren, Esquire and Loughren, Loughren & Loughren, P.C. and file the within Motion and Petition for Rule to Show Cause averring as tollows: L INTRODUCTION and PROCEDURAL HISTORY 1, Plaintiff, Wells Fargo, initiated this foreclosure action by filing a Complaint in Foreclosure on February 16, 2010. 2. Andrew L. Spivak, Esquire signed the Complaint as attorney for Wells Fargo. 3. In addition to signing the Complaint, Mr. Spivak also signed the verification to the Complaint. This verification is attached hereto as Exhibit 1. 4, The Pennsylvania Rules of Court require the party filing the pleading to verify the pleading. Specifically, Pa.R.C.P. 1024(a) states: Rule 1024, Verification (2) Every pleading containing an averment of fact not appearing of record in the action or containing a denial of fact shall state that the averment or denial is truc upon the signer’s personal knowledge or information andMG-10-000400 belief and shall be verified. The signer need not aver the source of the information or expectation of ability to prove the averment or denial at the trial. A pleading may be verified upon information and belief as to the remainder. 5. There are two, very specific, and very limited, exceptions to Rule 1024(a). First, a nomparty can verify a pleading in the event that the party lacks sufficient knowledge or information to verify the allegations in the pleading. Second, a non-party may verify the pleading where the party is outside the jurisdiction of the court and a verification cannot be obtained in the time allowed for filing the pleading. These exceptions, as well as additional requirements, are set forth in Pa.R.C-P. 1024(c) which states in full: Rule 1024. Verification © ‘The verification shall be made by one or more of the parties filing the pleading unless all the parties (1) lack sufficient knowledge or information, or (2) are outside the jurisdiction of the court and the verification of none of them can be obtained within the time allowed for filing the pleading. In such cases, the verification may be made by any person having sufficient knowledge or information and belief and shall set forth the source of the person’s information as to matters not stated upon his or her own knowledge and the reason why the verification is not made by a party. 6. Mr. Spivak’s verification to the Complaint (attached hereto as Exhibit 1) states: ‘The undersigned attomey hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that T am authorized to make this verification pursuant to PaR.C.P. 1024(c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. 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. Isl_Andrew Spivak ‘Attomey for Plaintiff