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Home My WebLink About07-2166PHELAN 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 X215) 563-7000 ls2aas WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 v. Plaintiff RYCKITTA M. SHORT A/K/A RYCKITTA MICHELLE CORSO A/K/A RYCKITTA MICHELLE SHORT ROBERT S. SHORT A/K/A ROBERT S. WASHBURN 1015 KENT DRIVE MECHANICSBURG, PA 17050 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 1s288s 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 maybe 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 #: 152885 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 #: 152885 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 #: 152885 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: RYCKITTA M. SHORT A/K/A RYCKITTA MICHELLE CORSO A/K/A RYCKITTA MICHELLE SHORT ROBERT S. SHORT A/K/A ROBERT S. WASHBURN 1015 KENT DRIVE MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/01/2003 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: 1847, Page: 1408. 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 01/01/2007 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 #: 152885 6. The following amounts are due on the mortgage: Principal Balance $240,799.84 Interest $4,519.63 12/01/2006 through 04/16/2007 (Per Diem $32.99) Attorney's Fees $1,250.00 Cumulative Late Charges $150.51 12/01/2003 to 04/16/2007 Cost of Suit and Title Search 550.00 Subtotal $247,269.98 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $247,269.98 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 #: 152885 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 $247,269.98, together with interest from 04/16/2007 at the rate of $32.99 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 & S H~I~G, LLP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIIZE Attorneys for Plaintiff File #: 152885 LEGAL DESCRIPTION ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Township of East Pennsboro and Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described, as follows: BEGINNING at a point on the Western right of way line of Kent Drive at the Southeast corner of Lot No. 557; THENCE along said right of way line South 14 degrees 00 minutes 00 seconds East 105.0 feet to a point being the Northeast corner of Lot No. 559; THENCE along Lot No. 559 South 76 degrees 00 minutes 00 seconds West 120.0 feet to a point at Lands of South Central Service Corporation. Hampden Square and Chet Acker; THENCE along said lands North14 degrees 00 minutes 00 seconds West 105.00 feet to a point being the Southwest corner of Lot No. 557; THENCE along Lot No. 557 North 76 degrees 00 minutes 00 seconds East 120.00 feet to a point being the Place of BEGINNING. BEING Lot No. 558 on Final Plan No. 6 of the Highlands of Hampden Square Phase I recorded in Plan Book 53, Page 112. HAVING THEREON ERECTED a dwelling known and numbered as 1015 KENT DRIVE, MECHANICSBURG, PENNSYLVANIA. File #: 152885 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 Plaintiffand 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. ~/ ~PPw- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: L~~~~n ~~~ ,J ~? ~ b (~ t ~_: ~. --, ...~ ~~ S ~ N 7rn -- _- ~t J = ~A7 "' ` ..,~ 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 (215) 563-7000 Wells Fargo Bank, N.A., s/b/m to Wells Fargo Home Mortgage, Inc. Plaintiff vs. Ryckitta M. Short, a/k/a Ryckitta Michelle Corso, a/k/a Ryckitta Michelle Short Robert S. Short, a/k/a Robert S. Washburn Defendant(s) PRAECIPE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 07-2166 C. T. X 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. Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: ~~ `~ ~~~ ~~ ~. r---~, Francis S. Ha inan, Esquire Attorney for Plaintiff PHS# 152885 ~,y, ~ ~ t ~~ ~ 'T ~~ _rj~ ~ ;:.~, r, :, , ;; "~ ? i`~ %~ i1 P 'E ~ --C. SHERIFF'S RETURN - REGULAR CASE NO: 2007-02166 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS SHORT RYCKITTA M ET AL KENNTH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHORT RYCKITTA M AKA RYCKITTA MICHELLE CORSO AKA RYCKITTA M the DEFENDANT at 1926:00 HOURS, on the 23rd day of April 2007 at 1015 KENT DRIVE MECHANICSBURG, PA 17050 by handing to RYCKITTA SHORT 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 13.44 Affidavit .00 Surcharge 10.00 .00 ~SJz~/a 7 41.4 4 Sworn and Subscibed to before me this day of , So Answers: >'-~ R. Thomas Kline 04/24/2007 PHELAN HALLINAN SCHMIEG By: A.D. ~ SHERIFF'S RETURN - REGULAR CASE NO: 2007-02166 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS SHORT RYCKITTA M ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon evn~m ~nn~nT C nun R(1RFRT ~ WA~NRTTRN the DEFENDANT at 1926:00 HOURS, on the 23rd day of April 2007 at 1015 KENT DRIVE MECHANICSBURG, PA 17050 RYCKITTA SHORT, WIFE 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 Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 6 . 0 0 '~7 10.00 R. Thomas Kline 16.00 04/24/2007 PHELAN HALLINAN SCHMIEG By. day D uty She f A.D.