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Home My WebLink About07-3151PHELAN 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 (2151 563-7000 12321s WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff v. ANITA L. RYAN 323 NORTH EAST STREET CARLISLE, PA 17013 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM c~~~~C`~~2.1'~'~ ~ l CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 123218 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 #: 123218 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 #: 123218 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 #: 123218 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: ANITA L. RYAN A/K/A ANITA L. RYAN 323 NORTH EAST STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/07/2003 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to CHARTER ONE MORTGAGE CORP. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1840, Page: 1412. By Assignment of Mortgage recorded 04/05/2004 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 707, Page 1037. 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 #: 123218 6 The following amounts are due on the mortgage: Principal Balance $68,810.52 Interest $2,909.30 10/01/2006 through 05/23/2007 (Per Diem $12.38) Attorney's Fees $1,250.00 Cumulative Late Charges $24.30 10/07/2003 to 05/23/2007 Cost of Suit and Title Search 550.00 Subtotal $73,544.12 Escrow Credit $0.00 Deficit $120.77 Subtotal $120.77 TOTAL $73,664.89 7. 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 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 #: 123218 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 $73,664.89, together with interest from 05/23/2007 at the rate of $12.38 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 & SCHMIE , L P n~ By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 123218 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with improvements thereon erected situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described, as follows: ON the north by a lot now or formerly of Richard James; on the east by a 15 foot alley; on the south by a lot now or formerly of H.A. and Florence B. Lackey; and on the west by North East Street. CONTAINING 15 feet, more or less, on said North East Street and extending at an even width 120 feet in depth to said alley on the east. HAVING thereon erected atwo-story frame dwelling house known as 323 North East Street. THE northern boundary line of the property hereby described being the middle of a partition wall between the property hereby described and the dwelling on the north and the southern boundary line of the property hereby described being the middle of the partition wall between the property hereby described and the dwelling on the south. BEING the same premises which Betty J. Wertz, widow, individually and as Executrix of the Estate of Edward L. Wertz, Deceased, by Deed dated April 15, 1997, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book 156, Page 67, granted and conveyed unto Michelle M. Zeigler, now Michelle M. Vioral, one the Grantors herein. Eric M. Vioral joins in this Deed to convey whatever right, title or interest that he may have in the subject premises by virtue of his marriage to Michelle M. Zeigler. This joinder is solely to evidence consent to the transfer and does not constitute joinder in any of the warranties of Grantor. PARCEL#: 02-20-1800-169 PROPERTY BEING: 323 NORTH EAST STREET File #: 1232(8 VERIFICATION 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. ~1~~-- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ~ ^ ~ i) ~ t" ~~ d ~(./ ~ ~ .~ w -yL_ r? ''.; ~.~ ~~.: ,' t.7 -~ --a ~~~~ --, iT ;_ ~ "~ rn _~ i 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 iz,3zis WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTAGE, INC. 3476 STAETVIEW BOULEVARD FORT MILLS, SC 29715 Plaintiff v. ANITA L. RYAN 323 NORTH EAST STREET CARLISLE, PA 17013 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 07-3151 CIVIL TERM CUMBERLAND COUNTY CIVIL ACTION- LAW ANSWER TO COMPLAINT IN MORTAGE FORECLOSURE i ~ Anita Ryan answers as follows: 1. Admit 2. Admit 3. Admit 4. Admit 5. Admit in part & denied in part. It is denied that the following payments have been made since 11/01/06.On 2/20/07, One Thousand dollar payment and on 3/18/07, One Thousand Dollar payment was made. 6. Admit 7. Admit by way of further answer. Defendant has listed the home for sale to hopefully regain most of the money to pay off mortgage in full. 8. Admit 9. Admit 10. Admit WHEREFORE, DEFENDANT REQUEST TIME TO SELL PROPERTY BEFORE SHERRIFFS SALE. ANITA L. RYAN S1NOrY~ ~ as~d Subic... tb~e_c~ be~F~e. ,,n~. -1-4us t~ d.ay Y~ ~ ~- [~ sri ~~ ~l Y~,i, f ~'c, Nowt ~ .!AlME 1 KILUNC+ER ~p~ ~ 200E By: ~ ~ ~ C7 -rt `~ -~ c._. ---{ ~"+l r : - CA ;~a: T. -r CT3 ~' . a_~ ~? ~~ qty. SHERIFF'S RETURN - REGULAR CASE N0: 2007-03151 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK N A ET AL VS RYAN ANITA L VALERIE WEARY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE RYAN ANITA L the DEFENDANT at 2109:00 HOURS, on the 29th day of May 2007 at 323 NORTH EAST STREET CARLISLE, PA 17013 ANITA L RYAN was served upon 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 4.80 Affidavit .00 Surcharge 10.00 .00 4~b4~ol L~ 32.80 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 05/30/2007 PHELAN HALLINAN SCHMIEG By: h~ + Deputy Sheriff A.D. PHELAN HALLINAN & SCHMIEG, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 Attorney For Plaintiff One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 (215)563-7000 WELLS FARGO BANK, N.A., SB/Ni TO COURT OF COMMON PLEAS WELLS FARGO HOME MORTGAGE, INC. CIVIL DIVISION CUMBERLAND COUNTY v. N0.07-3151 CIVIL TEAM ANITA L. RYAN PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORCLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Dated: File #: 123218 Phelan Hallinan and Schmieg, LLP By`~ ~r 4~v-rt~,~v1~ Francis S. Hallinan, Esquire Lawrence P. Phelan, Esquire Daniel S. Schmieg, Esquire . c.._ ~ ~. ~ ~ ~, f.._. W ~# ^C R.:. ~. ~ ~~ i....;_ ~ ~ •` ,w~ ,.,[ PHELAN HALLINAN £~ SCHMIEG, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id No. 62205 ~~OQ~ 1617 JFK Boulevard, Suite 1400 l~N~~~Q~~Q`~ Philadelphia, PA 19103-1814 P.`'~~- Gpc~~ (215) 563-7000 ~-~Y .' Attorney for Plaintiff Wells Fargo Bank, N.A., S/B/M to Wells Fargo Home Mortgage, Inc. 3476 Stateview Boulevard Fort Mill, Sc 29715 Plaintiff Anita L. Ryan 323 North East Street Carlisle , PA 17013 Defendant PRAECIPE TO THE PROTHONOTARY: Court of Common Pleas Civil Division No. 07-3151 CIVIL TERM Cumberland County Please mark the above referenced case Discontinued and Ended without prejudice. X 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 entexed and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. p ~ ~~~~~~ Date ~~®~° ~~ ~~~~~~~ ~~ ~~~~~ By: ~,~-~~-, Lawrence T. Phelan, Esq. Francis S. Hallman, Esq. Daniel G. Schmieg, Esq. Attorneys for Plaintiff ~ "' ~ "-~ C ~ - ° ~ ~" ~-r; .~,a; ~ r ?- *; ~ Tl :::~~~ -- V i ._.wy w