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HomeMy WebLinkAbout07-0794PHELAN HALLINAN &SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 1a849s WELLS FARGO BANK, N.A 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 v. Plaintiff JEFFREY DAUGHENBAUGH A/K/A JEFFREY SCOTT DAUGHENBAUGH WANDA DAUGHENBAUGH A/K/A WANDA K. SUTTON A/K/A WANDA K. DAUGHENBAUGH 116 QUENTIN CIRCLE SHIPPENSBURG, PA 17257 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 148498 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 (SEE ATTACHED ESPANOL AVISO) File #: 148498 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 148498 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 148498 1. Plaintiff is WELLS FARGO BANK, N.A 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: JEFFREY DAUGHENBAUGH A/K/A JEFFREY SCOTT DAUGHENBAUGH WANDA DAUGHENBAUGH A/K/A WANDA K. SUTTON A/K/A WANDA K. DAUGHENBAUGH 116 QUENTIN CIRCLE SHIPPENSBURG, PA 17257 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described 3. On 03/17/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 3080, Page: 329. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 148498 6. The following amounts are due on the mortgage: Principal Balance $196,120.01 Interest $6,119.64 08/01/2006 through 02/07/2007 (Per Diem $32.04) Attorney's Fees $1,250.00 Cumulative Late Charges $310.07 03/17/2006 to 02/07/2007 Cost of Suit and Title Search 550.00 Subtotal $204,349.72 Escrow Credit $0.00 Deficit $480.68 Subtotal $480.68 TOTAL $204,830.40 7. 8. If the mortgage is reinstated prior to a Sheriff s Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in ersonal judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 148498 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $204,830.40, together with interest from 02/07/2007 at the rate of $32.04 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN &SCHMIEG, LLP By: /s/Francis S. Hallman LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 148498 LEGAL DESCRIPTION ALL THAT CERTAIN PARCEL OF LAND IN SOUTHAMPTON TOWNSHIP, FRANKLIN COUNTY, COMMONWEALTH OF PA, AS MORE FULLY DESCRIBED IN VOLUME 3080, PAGE 324 ID#21N10C-030, BEING KNOWN AND DESIGNATED AS LOT 36 AS SHOWN ON FINAL PLAN OF FIELDCREST (FORMERLY KAPAHOE WEST) PHASES 3 AND 4, A LAND SUBDIVISION FOR MTM DEVELOPMENT, INC. FILED IN PLAT BOOK 288-I AT PAGE 755 AND BEING MORE PARTICULARLY DESCRIBED AS A METES AND BOUNDS PROPERTY. BEING premises which are more fully described in a deed dated the 22nd day of MARCH, 2006, and recorded in the Office of the Recorder of Deeds of FRANKLIN County, Pennsylvania, in Record Book 3080, Volume ,Page 324. PROPERTY BEING: 116 QUENTIN CIRCLE File #: 148498 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for 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 on the pleading, that he is authorized to make this verification pursuant to Pa. R. 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 his 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 unsworn falsification to authorities. ~l ~- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ~~ v~ P+ ~ c~: ~~, .--a C^, r ., ~ _ ~ ~ ~yj ~ ~ ~ y N ~ - .~ O` ~ ~ G.7 l ---~ ~~~ _~; r -, yl: j~' -/ ~JJ •G PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 X215) 563-7000 Wells Fargo Bank, N.A Plaintiff vs. Jeffrey Daughenbaugh, a/k/a Jeffrey Scott Daughenbaugh Wanda Daughenbaugh, a/k/a Wanda K. Sutton, a/k/a Wanda K. Daughenbaugh Defendant(s) PRAECIPE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 07-794 CIVIL TERM Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. X Please withdraw the complaint and mark the action discontinued ark ended without prejudice. ,' Date: S ~ n 7 ~'-^ -- _. Francis S. Hallinan, Esquire Attorney for Plaintiff PHS# 148498 r-a p ~`:? -n { ~j. ~...a ~~ ~. .».-~ - r tq L./ _ ~~ ~~ ~ ;,~:~. et? i Y t~.3 ~ r ~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-00794 P • COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS DAUGHENBAUGH JEFFREY ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: DAUGHENBAUGH JEFFREY AKA JEFFREY SCOTT DAUGHENBAUGH but was unable to locate Him deputized the sheriff of FRANKLIN in his bailiwick. He therefore serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On March 30th 2007 this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: So answer Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas ine Dep Franklin Co 92.02 Sheriff of umberland County Postage 1.83 130.85 ,/ yrc,~~n~ 03/30/2007 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-00794 P CONiMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS DAUGHENBAUGH JEFFREY ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: DAUGHENBAUGH WANDA AKA WANDA K SUTTON AKA WANDA K DAUGHENBA but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of FRANKLIN serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On March 30th 2007 this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: So answers• / Docketing 6 . 0 0 / -~'J~ Out of County .00 Surcharge 10.00 Thoma e .00 Sheriff of timberland County .00 16.0 0 / .~~o Y~d 7 03/30/2007 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE N0: 2007-00794 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS DAUGHENBAUGH JEFFREY ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: DAUGHENBAUGH JEFFREY AKA JEFFREY SCOTT DAUGHENBAUGH but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On March 30th 2007 this office was in receipt of the attached return from FRANKLIN . Sheriff's Costs: So answer -= Docketing 6.00 /~ Out of County .00 ~' ~L Surcharge 10.00 R. Thomas K i e .00 Sheriff of Cumberland County .00 16.0 0 y~b ~/~D`1 03/30/2007 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-00794 P ' COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS DAUGHENBAUGH JEFFREY ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: DAUGHENBAUGH WANDA K AKA WANDA K SUTTON AKA WANDA K DAUGHENBA but was unable to locate Her deputized the sheriff of FRANKLIN in his bailiwick. He therefore serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On March 30th 2007 this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: So answers: - _ ~.> Docketing 6 . 0 0 ,..--~"' J/; ~-- Out of County .00 -~"' ~ _ Surcharge 10.00 R. homas Kline%`~/ .00 Sheriff of Cumberland County .00 16.00 / ti~Dy~O~ 03/30/2007 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of , A.D. ~~ The Court of Co~n~non Pleas of Cumberland County, Pennsylvania • Wells Fargo Bank NA VS. Jeffrey Daughenbaugh et al SERVE: Jeffrey Daughenbaugh aka No. Jeffrey Scott Daughenbaugh @ Shippensburg address 07-794 civil Now, February 15 , 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of rranki ; n County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ,~ Sheriff of Cumberland County, PA Affidavit of Service Now, , 20 , at W1th1i1 upon at by handing to a and made known to So answers, the contents thereof. Sheriff of Sworn and subscribed before me this ~ day of , 20 o'clock M. served the copy of the original COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-00034 T COMMONTWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN WELLS FARGO BANK NA VS DAUGHENBAUGH JEFFREY/WANDA GARY L WYRICK ,-- ~ . ,a ' ~-, ~., n~U ~. v ~~~'~'-' - ~ Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit DAUGHENBAUGH JEFFREY AKA JEFFR EY SCOTT but was unable to locate Him in his bailiwick. He therefore returns the COMP MORT FORE the within named DEFENDANT EY SCOTT NOT FOUND as to DAUGHENBAUGH JEFFREY AKA JEFFR 116 QUENTIN CIRCLE '~~'~' ~?PENSBURG, PA 17257 116 QUENTIN CIRCLE EMPTY LOT; 119 EMPTY HOUSE Sheriff's Costs: So answers: Docketing .00 ~ ~ ~1w Service .00 .~ Affidavit .00 GARY ICK Surcharge .00 ROBER WOLL G, heriff .QO .00 PHELAN HALLINAN SCHMIEG 03/27/2007 Sworn and subscribed to before me this d~ ~ day of ~~Qvc.dlc.c~,_, ~w 7 A.D. ~t-~l_. cc-~c___ .~_ SLY • o ~`-' r Ad 8M1 ~ ~~~~Boe~~Fr~inklin C ~y MY Commission Expires Jan. 29, 2011 ~~ The Court of Common Pleas of Cumberland County, Pennsylvania Wells Fargo Bank NA VS. Jeffrey Daughenbaugh et al SERVE: Wanda Daughenbaugh akaWanda K. Daughenbaugh No. aka Wanda K. Sutton @ Shippensburg address 07-794 civil Now, February 15 , 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of ~- nki ;n County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Aff davit of Service Now, within upon at by handing to a and made known to So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20 20 , at o'clock M. served the copy of the original COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA SHERIFF' S RETUf21V - NOT FOUND _ .a ~~,~ ^L~' "~: j,i ~ 4L1 G~J, CP,SE NO: 2007-00034 T COMMONTWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN WELLS FARGO BANK NA VS DAUGHENBAUGH JEFFREY/WANDA GARY L WYRICK Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: DAUGHENBAUGH WANDA AKA WANDA K AKA SUTTON but was unable to locate Her in his bailiwick. He therefore returns the COMP MORT FORE NOT FOUND as to the within named DEFENDANT DAUGHENBAUGH WANDA AKA WANDA K AKA SUTTON 116 QUENTIN CIRCLE ~'lIIPPENSBURG, PA 17257 116 EMPTY LOT; 119 EMPTY HOUSE Sheriff's Costs: So answers: =.~cketing . 00 / _ ~fJ Service . 00 G{i' Affidavit . 0 0 G Y WYRI Surcharge .00 ROBERT WOLL Sheriff .00 .00 PHELAN HALLINAN SCHMIEG 03/27/2007 Sworn and subscribed to before me this a ? day of a ~ ~ A.D. ,~~ ,~. Notary NoY~I SNI Rlohnd D. , Notify public Bo% yf~nklin County My Comn~ion Jm. 2g, 2011 .~~ ~T~ie Court ®f Ca~~~on ~I~as of C~ffiber~a~d County, ~'emasylvan~a Wells Fargo Bank NA VS. Jeffrey Daughenbauggh et al SERVE : Jeffrey Daughenbaugh aka N o . Jeffrey Scott Daughenbaugh @ Fayetteville address copy of the original Affidavit of service Now, February 15 , 2007 ~ , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now, Wlthln upon at by handing to a and made known to So answers, Sheriff of Sworn and subscribed before me this ~ day of , 20 07-794 civil the contents thereof. COSTS SERVICE MILEAGE AFFIDAVIT County, PA 20 , at o'clock ~ M. served the SHERIFF'S RETURN - NOT FOUND •CASE N0: 2007-00034 T COMMONTWEALTH OF PENNSYLVANIA ' COUNTY OF FRANKLIN WELLS FARGO BANK NA VS DAUGHENBAUGH JEFFREY/WANDA GARY L WYRICK c;„,~` ~` L>'1- ~`~`t Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: DAUGHENBAUGH JEFFREY AKA JEFFR EY SCOTT but was unable to locate Him in his bailiwick. He therefore returns the COMP MORT FORE the within named DEFENDANT EY SCOTT , 76 FIFTH AVENUE FAYETTEVILLE, PA 17222 HOUSE IS VACANT NOT FOUND as to DAUGHENBAUGH JEFFREY AKA JEFFR Sheriff's Costs: So an w rs: Docketing .00 .,_ Service .00 Affidavit .00 GARY L W C Surcharge .00 ROBERT W YUNG, eriff .00 .00 CUMBERLAND CO SHERIFF'S OFFICE 03/19/2007 Sworn and subscribed to before me this ~~~ day of :~~` "` A.D. _Notar MoV-1~l Seal Richard D. McCary-, Nobny Public Clambsrsburg Born, Franklin County My Commission Expires Jan. 29, 2011 ~n 'Tl~e Court of C©~nnion Fleas ®f C~z~nbe~land Caun~y, ~'en~sylvania Wells Fargo Bank NA VS. Jeffrey Daughenbaugh et al SERVE: Wanda Daughenbaugh akaWanda K. Daughenbaugh No, 07-794 civil aka Wanda K. Sutton @ Fayetteville address Now, February 15 , 2007 ~ , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. // Sheriff of Cumberland County, PA ~~aavit ®f s~r~~e Now, , 20 , at o'clock M. served the within upon at by handing to a copy of the original and made known to Sworn and subscribed before me this day of , 20 the contents thereof. S o answers, Sheriff of County, PA COSTS SERVICE _ MILEAGE _ AFFIDAVIT SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-00034 T COMMONTWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN WELLS FARGO BANK NA VS DAUGHENBAUGH JEFFREY/WANDA GARY L WYRICK ~ ~ !? „m~:_s ^.rs~, _. Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: DAUGHENBAUGH WANDA AKA WANDA K AKA SUTTON but was unable to locate Her in his bailiwick. He therefore returns the COMP MORT FORE the within named DEFENDANT AKA SUTTON 76 FIFTH AVENUE NOT FOUND as to DAUGHENBAUGH WANDA AKA WANDA K FAYETTEVILLE, PA 17222 HOUSE IS VACANT Sheriff's Costs: So an veers: Docketing .00 Service .00 Affidavit .00 RY L K Surcharge .00 ROBERT LLYUN Sheriff .00 .00 CUMBERLAND CO SHERIFF'S OFFICE 03/19/2007 Sworn and subscribed to before me this l I,\ day of ~(~C_~L C~c A.D. f+d D. McCaAy, Notary Pu6Nc Chambersburg Boro, Franklin Carly My Commission Expires Jan. 29, 2011 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 ~215~ 563-7000 148498 WELLS FARGO BANK, N.A 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 v. Plaintiff JEFFREY DAUGHENBAUGH A/K/A JEFFREY SCOTT DAUGHENBAUGH WANDA DAUGHENBAUGH A/K/A WANDA K. SUTTON A/K/A WANDA K. DAUGHENBAUGH 116 QUENTIN CIRCLE SHIPPENSBURG, PA 17257 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM U J ~T~' NO. O'7 - ~Q7 ~iv~l~ L " ~' l CUMBERLAND COUNTY >: ~'~. ' CIVIL ACTION -LAW .~-.~ ' ~~; COMPLAINT IN MORTGAGE FORECLOSURE ~" , ` ~''' ~:~''~ G~ T~~th~na~+,...~ ~ . m set my h~ ~ th s ~*I~sls, Pa ~ - File #: 148498 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 (SEE ATTACHED ESPANOL AVISO) File ~: 148498 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST- CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 148498 I COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 148498 Plaintiff is WELLS FARGO BANK, N.A 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: JEFFREY DAUGHENBAUGH A/K/A JEFFREY SCOTT DAUGHENBAUGH WANDA DAUGHENBAUGH A/K/A WANDA K. SUTTON A/K/A WANDA K. DAUGHENBAUGH 116 QUENTIN CIRCLE SHIPPENSBURG, PA 17257 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/17/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 3080, Page: 329. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #; 148498 6. The following amounts are due on the mortgage: Principal Balance $196,120.01 Interest $6,119.64 08/01/2006 through 02/07/2007 (Per Diem $32.04) Attorney's Fees $1,250.00 Cumulative Late Charges $310.07 03/17/2006 to 02/07/2007 Cast of Suit and Title Search $550.00 Subtotal $204,349.72 Escrow Credit $0.00 Deficit $480.68 Subtotal $480.68 TOTAL $204,830.40 7 8 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in rpe sonal judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 148498 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $204,830.40, together with interest fram 02/07/2007 at the rate of $32.04 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP ~~- /0~2~ By: /s/Francls S. Hallman LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 148498 LEGAL DESCRIPTION ALL THAT CERTAIN PARCEL OF LAND IN SOUTHAMPTON TOWNSHIP, FRANKLIN COUNTY, COMMONWEALTH OF PA, AS MORE FULLY DESCRIBED IN VOLUME 3080, PAGE 324 ID#21NlOC-030, BEING KNOWN AND DESIGNATED AS LOT 36 AS SHOWN ON FINAL PLAN OF FIELDCREST (FORMERLY KAPAHOE WEST) PHASES 3 AND 4, A LAND SUBDIVISION FOR MTM DEVELOPMENT, INC. FILED IN PLAT BOOK 288-I AT PAGE 755 AND BEING MORE PARTICULARLY DESCRIBED AS A METES AND BOUNDS PROPERTY. BEING premises which are more fully described in a deed dated the 22nd day of MARCH, 2006, and recorded in the Office of the Recorder of Deeds of FRANKLIN County, Pennsylvania, in Record Book 3080, Volume ,Page 324. PROPERTY BEING: 116 QUENTIN CIRCLE File #: 148498 0 FRANCIS S. HALLiNAN, ESQUIRE hereby states that he is attorney for 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 on the pleading, that he is authorized to make this verification pursuant to Pa. R. 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 his knowledge, information and belief. T'he undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~l FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ~ ~~