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Home My WebLink About03-4377FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff JEFFREY A. NIBLETT JULIE A. NIBLETT KENNETH W. NIBLETT 508 HERMAN AVENUE LEMOYNE, PA 17043 COURT OF COMMON PLEAS CiVIL DIVISION TERM CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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. · 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. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 File #: 79202 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 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. File #: 79202 Plaintiff is WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 The name(s) and last known address(es) of the Defendant(s) are: JEFFREY A. NIBLETT JULIE A. NIBLETT KENNETH W. NIBLETT 508 HERMAN AVENUE LEMOYNE, PA 17043 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 02/27/1998 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FIDELITY BOND AND MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1435, Page 998. By Assignment of Mortgage recorded 3/5/98 the mortgage was assigned to Plaintiff which Assignment is recorded in Assignment of Mortgage Book No. 570, Page 423. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2003 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 collechble forthwith. File#: 79202 The following amounts are due on the mortgage: Principal Balance Interest 03/01/2003 through 09/04/2003 (Per Diem $15,05) Attorney's Fees Cumulative Late Charges 02/27/1998 to 09/04/2003 Cost of Suit and Title Search Subtotal $74,728.38 2,829.40 1,250.00 150.95 $ 550.00 $ 79,508.73 Escrow Credit -1,358.00 Deficit 0.00 Subtotal $- 1,358.00 TOTAL $ 78,150.73 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 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 $78,150~73, together with interest from 09/04/2003 at the rate of $15.05 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. By: /s/Francis S. HalFman FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 79202 VERIFICATION Nadine Bonsick hereby states that she is Vice President Loan Documentation of WELLS FARGO HOME MORTGAGE, INC. mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her 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 unswom falsification to authorities. Nadine Bonsick Vice President Loan Documentation DATE: SHERIFF'S RETURN CASE NO: 2003-04377 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO HOME MORTGAGE INC VS NIBLETT JEFFREY A ET AL - REGULAR HAROLD WEARY , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE NIBLETT JEFFREY A DEFENDANT at 1944:00 HOURS, at 508 HERMAN AVENUE LEMOYNE, PA 17043 by handing to JEFFREY NIBLETT a true and attested copy of COMPLAINT - MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 9th day of September, 2003 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.04 Affidavit .00 Surcharge 10.00 .00 39.04 Sworn and Subscribed to before me this /7~ day of , t~rothonot ary So Answers: R. Thomas Kline o9/io/2oo3 FEDERMAN & PHELAN By: ~De~pu~ty~S?eriff SHERIFF'S RETURN - CASE NO: 2003-04377 P COMMONWEALTH OF PEN~SYLVia~NIA: COUNTY OF CUMBERLAND WELLS FARGO HOME MORTGAGE INC VS NIBLETT JEFFREY A ET AL REGULAR HAROLD WEARY , Cumberland County,Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 9th day of September, by handing to together with says, the within COMPLAINT - MORT FORE NIBLETT JULIE A DEFENDANT , at 1944:00 HOURS, on the at 508 HERMAN AVENUE LEMOYNE, PA 17043 JEFFREY NIBLETT, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE 2003 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /7- day of A.D. So Answers: R. Thomas Kline 09/10/2003 FEDERMAN & PHELAN By: Deputy Sh~rif f SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-04377 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO HOME MORTGAGE INC VS NIBLETT JEFFREY A ]ET AL R. Thomas Kline duly sworn according to law, inquiry for the within named DEFEND~NT NIBLETT KENNETH W unable to locate Him in his bailiwick. COMPLAINT - MORT FORE ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and but was He therefore returns the the within named DEFENDANT 508 HERMAN AVENUE LEMOYNE, PA 17043 PER JEFFREY, KENNETH IS LIVING NIBLETT KENNETH W IN CALIFORNIA. NOT FOUND , as to Sheriff's Costs: Docketing 6 Service Not Found 5 Surcharge 10 21 00 00 00 00 00 00 So answers: · homa s~K~e -- Sheriff of Cumberland County FEDERMAN & PHELAN 09/10/2003 Sworn and subscribed to before me this /7 ~-' day of ~ ~3~ A.D. tary ~ PLAINTIFF DEFENDANT SERVE AT: AFFIDAVIT OF S~.RVICE WELLS FARGO HOME MORTGAGE, INC. JEFFREY A. NIBLETT JULI~ A. NIBL]~TT KEN, TH W. NIBLETT 2833i HUSKING ROAD BAKERSFIELD, CA 93313 - CUMBERLAND COUNTy INC., F/K/A NORWEST MORTGAGE, NO. 03-4377 CIVIL TYPE OF ACTION .XX Mortgage Foreclosure XX Civil Action Served and made Defendant on the _ o'clock, p__. N X Defendant _ Adult fami Relati¢ Adult in ch name/relationshi Manager/Cie Agent or pe business· company. Other: I, RYAN OLIVER law, depose and __ a true and issued in the cs above· known to KENNETH W. NIBLETT 21 day of OCTOBER , 20~.~, at ~ ' , at 2833 HOSKING ROADt BAKERSFIELDr C~ , City in the manner described below: ~rsonally served. ? member with whom Defendant(s) reside(s) 'ship is ' ~rge of Defendant's residence who refused to give !~ of place of lodging in which Defendant(s) reside(s) :son in charge of Defendant's office or usual place of and officer of said defendant , a competent adult, being duly sworn accordinc to tate that I personally handed to~L~T~L{~TT orrect copy of theMnp~c~ m~.~,RE. CIVIL ACTIO5 tioned case on the dat~ ~n~ ~t--~5~-~d~e~ ~n~cate~ sworn to and subscribed Before me this'l[5~' day of Notary: 20 , at Vacant o'clock i NOT SERVED On the day of - __.M., Defendant OT FOUND because: ' Moved Unknown No Answer Other: - Sworn to and subsSribed Before me the ! day / , 20 . otary: ! -- By: ATTORNEY OF PLAINTIFF FP3%NK FEDERMAN, ESQUIRE - I.D.#12248 Suite 1400 One Penn Center Plaza at Suburbau Station Philadelphia, PA 19103-1799 (215) 563~7000 FEDERMAN AND PHELAN, LLP By: Frank Federman, Esquire I.D. No. 12248 Lawrence T. Phelan, Esquire I.D. No. 32227 Francis S. Hallinan, Esquire I.D. No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff VS. Court of Common Pleas CUMBERLAND County No. 034377 CIVIL JEFFREY A. NIBLETT JULIE A. NIBLETT KENNETH W. NIBLETT Defendant(s) PRAECIPE TO WITHDRAW COMPLAINTt WITHOUT PRETUDICE ~ AND DISCONTINUE AND END TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark this case discontinued and ended, upon payment of your costs only. Date Frank Federman, Esquire Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Attorneys for Plaintiff