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Home My WebLink About07-1541PHELAN 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 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 149165 WELLS FARGO BANK, N.A., S/B/M COURT OF COMMON PLEAS TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD CIVIL DIVISION FORT MILL, SC 29715 TERM f Plaintiff 1 V. NO. etc; CUMBERLAND COUNTY PHYLLIS H. COMBS 15 GREENSPRING DRIVE MECHANICSBURG, PA 17050 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 149165 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 File #: 149165 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 #: 149165 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 #: 149165 1. Plaintiff is WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: PHYLLIS H. COMBS 15 GREENSPRING DRIVE MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/08/2003 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: 1848, Page: 4560. 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 11/01/2006 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 #: 149165 6 The following amounts are due on the mortgage: Principal Balance $116,923.42 Interest $3,219.84 10/01/2006 through 03/21/2007 (Per Diem $18.72) Attorney's Fees $1,325.00 Cumulative Late Charges $108.60 12/08/2003 to 03/21/2007 Cost of Suit and Title Search $550.00 Subtotal $122,126.86 Escrow Credit $0.00 Deficit $0.00 Subtotal $0.00 TOTAL $122,126.86 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 personam 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 #: 149165 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $122,126.86, together with interest from 03/21/2007 at the rate of $18.72 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, L /??ivLCt4 By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 149165 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Silver Spring in the County of Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the northern side of Greenspring Drive, at the dividing line between Lots Nos. 102 and 101 as shown on the hereinafter mentioned plan of lots; thence along said dividing line between Lots Nos. 102 and 101, North 19 degrees 51 minutes 45 seconds West, a distance of 128.78 feet to a point at lands of others; thence along said latter lands, North 70 degrees 8 minutes 15 seconds East, a distance of 54.56 feet to a point at other lands now or formerly of the 'Westfields' development; thence along said latter lands, South 19 degrees East, a distance of 128.80 feet to a point on the northern side of Greenspring Drive; thence along said northern side of Greenspring Drive, South 70 degrees 8 minutes 15 seconds West, a distance of 52.62 feet to a point on the same at the dividing line between Lots Nos. 102 and 101 as shown on the hereinafter mentioned Plan of Lots, the place of BEGINNING. BEING Lot No. 102 as shown on the subdivision plan of lots entitled'Final Subdivision Plan of Westfields Phase #3 (revised) as recorded in the Office of the Recorder of Deeds in and for Cumberland County. Pennsylvania, in Plan Book 58, Page 99. File #: 149165 HAVING erected thereon a townhouse style dwelling unit known and numbered as 15 Greenspring Drive. BEING the same premises which A. Dale Vogel and Alice M. Vogel, husband and wife, by their deed dated July 23, 1998 and recorded August 12, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Book 183, Page 361, granted and conveyed unto Catherine L. Moran, single individual, in fee. PROPERTY BEING: 15 GREENSPRING DRIVE File #: 149165 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 unworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ?? 1 ? ? na 77 r` CD CZ} SHERIFF'S RETURN - REGULAR CASE NO: 2007-01541 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK N A ET AL VS COMBS PHYLLIS H WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon COMBS PHYLLIS H the DEFENDANT , at 2003:00 HOURS, on the 26th day of March 2007 at 15 GREENSPRING DRIVE MECHANICSBURG, PA 17050 TIT TTTT T T (l TT !Y/1/?11RT (1 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.60 Affidavit .00 Surcharge 10.00 .00 37.60 Sworn and Subscibed to before me this day So Answers: r 3a .-« ?Oon R. Thomas Kline 06/11/2007 PHELAN HALLINAN SCHMIEG By: Deputy Sheriff of A. D. SHERIFF'S RETURN - OUT OF COUNTY 1 CASE NO: 2007-01541 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK N A ET AL VS COMBS PHYLLIS H 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: COMBS PHYLLIS H but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On June 11th , 2007 , this office was in receipt of the attached return from YORK Sheriff's Costs: So a rs. Docketing 6.00 Out of County 9.00 Surcharge 10.00 omas Kline Dep York County 110.30 ° Sh iff of Cumberland County Postage 1.35 136.65 J 41?g? 06/11/2007 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of , A. D. COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE PLEAW TYPE ONLY LM 1 TMU 12 PROCESS RECEIPT and AFFIDAVIT OF RETURN DO IlIM t)E"1'ACH AMY COPES 1 PLAINTIFF/S/ 3. DEFENDANT/S/ BANK, N. A. 4. TYPt OF WRIT OH t fgll"lN 1 SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD PHYLLIS H. COMBS 6 ADDRESS (STREET OR RFO WITH BOX NUMBER. APT NO., CITY, BORO, TWP. STATE AND ZIP CODE) AT 204 LIMEKILN ROAD, NEW CUMBERLAND, PA 17070 7. INDICATE SERVICE 3 PERSONAL U PERSON IN CHARGE DEPUTIZE L1 1ST CLASS MAIL U POSTED -1 OTHER NOW March 23, .20 07 1, SHERIFF OF l COUNTY, P Ado hereby dep tie the sheriff of York COUNTY to execut P11 Pk r tur •a cording to law. This deputization being made at the request and risk of the plaintiff., SHERIFF OF COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SB/16E. OF COUNTY Cunberland ADVANCE FEE PAID BY ATTY. VII ** ATTEMPT SERVICE AT LEAST 3 TIMES AND 1 TIME AFTER 6PM. ** Please mail return of service to Clgnberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sherff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before shentrs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIQNAATURE FRANCIS S. HALLINAN it /. A- , -A 10. TELEPHONE NUMBER 111. ?PAT zFlL ?O 07 161-1 JFK_ BLVD. STE- 1400 215- 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed f notice is to be mailed) PHELAN HALLINAN & SCHMIEG, LLP _ CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SHERFF - 00 NOT WRITE BELOW THIS LOE 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. M J M C I L L Y C S O 3/26/2007 14/21/2007 16. HOW SERVED: PERSONAL RESIDENCE POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. O 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, oompany, etc named above. (See remarks below.) 18. NA aI ANO 31TLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20 Time of Service "[-[l] I 21. ATTEMPTS Dale Miles Int. Date Time Miles In Date Time Miles Int. Date Time Miles Int. Date Time Miles Int. Dale Time Miles Int. 11 q-2-1104 t TAS ?1?3 Is- IS Y/O 71-L W r b ?h 22. REMARKS c? ? -?5gs?? 23. Advance Costs 21 ice Costs 25 N/F 26 Milea ge 27. Postage 28. Sub Total 29. Pound 30 Notary 31. Surchg. 32 Tot. Costs 33 is Due Refund Check No 100.00 7S sC?a ?• 3 0 1/0, •?O 34. Foreign County Costs 35. Advance Costs 36 Service Costs 37 Notary Cert. 38 MAeage/PostagetNot Found 39 Total Costs 40 Costs Due or Refund ?' Q(?I SO ANSWERS 41. AFFI RM IM11?pYCt?IdcL 44. Signature of J? 45. DATE 42, day .2 91AR //t? / n Dep. Sheriff If ft. S? (-[ W LISA L. t^vVJ1P„AA; 6JCTA ?! NDTAR i CF YORK YORK COUNTY 46. Signature of York County Sheriff i ? / 47. DATE , f PSStONEXP tRESAUG.12,2009 - ::r 4 igna 'Pe oregn 49 GATE County Sheriff 50. 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 151 DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 2 COURT NUMBER 07-1541 civil 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE- Shenffs Office 7* 0 0 :z d q Z 8W taot 0 -3 A{ t Phelan Hjallinan & Schmieg, LLP 1617 JFI~ Boulevard, Suite 1400 Attorney For Plaintiff One Pe Center Plaza Philadel hia, PA -19103 215-563 .7000 WELLS,FARGO BANK, N.A., S/B/M TO WELLS Court of Coon Pleas FARGOf HOME MORTGAGE, INC. . Plaintiff Civil Division i ~s CUMBERLAND County PHYLL~S H. COMBS No. 07-1541-CT Defendant PRAECIPE TO THE PRO'~HONOTARY: Please withdraw the complaint and mark the action discontinued and ended with~t prejudice. ro~ - o , . ~ Date: 'C~tober 18, 2010 PHELAN HALLINAN & SCHMIEG L1~ -~-~ , ~ p By: <Q c~ ~ Lawrence T. Phel q., Id. No. 32227 ~ ~ ~' .- Francis S. Hallinan, Esq., Id. No. 62695 ~ rra Daniel G. Schmieg, Esq., Id. No. 62205 ~.r `fl Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No 58745 ~eetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No: 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 901.34 Chrisovalante P. Fliakos, Esq., Id. No. 94620 ' Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 PHS# 14965 A f l ttorneys or P aintiff -n --~ rn ~~ ca -~tc~ ~~ cs-~ z~ a ~,.~