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Home My WebLink About07-4824PHELAN 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 156113 WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff v. PABLO E. ADAM ANITA M. ADAM 3620 GOLFVIEW 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 #: 156113 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 #: 156113 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 #: 156113 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 #: 156113 1. Plaintiff is WELLS FARGO BANK, N.A., S/B/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: PABLO E. ADAM ANITA M. ADAM 3620 GOLFVIEW DRIVE MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/03/2003 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to WAYPOINT BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1799, Page: 233. By Assignment of Mortgage recorded 12/18/2003 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 704, Page 4182. 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 12/01 /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 #: 156113 6. The following amounts are due on the mortgage: Principal Balance $272,643.63 Interest $11,411.12 11/01/2006 through 08/14/2007 (Per Diem $39.76) Attorney's Fees $1,325.00 Cumulative Late Charges $0.00 03/03/2003 to 08/14/2007 Cost of Suit and Title Search $550.00 Subtotal $285,929.75 Escrow Credit $0.00 Deficit $8,675.31 Subtotal $8,675.31 TOTAL $294,605.06 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 #: 156113 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 $294,605.06, together with interest from 08/14/2007 at the rate of $39.76 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. PHELA HAf L IN &SCHMIEG, LLP f By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 156113 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT AN IRON PIN ON THE Northern DEDICATED RIGHT OF WAY LINE OF GOLFVIEW DRIVE AT THE DIVIDING LINE OF Lot NO. 589 AND Lot NO. 591; THENCE BY THE Northern RIGHT OF WAY LINE OF GOLFVIEW DRIVE, South 49 DEGREES 36 MINUTES 20 SECONDS West 51.15 FEET TO A POINT; THENCE BY THE SAME BY A CURVE TO THE RIGHT HAVING A RADIUS OF 370.00 FEET AND AN ARC LENGTH OF 105.30 FEET TO AN IRON PIN AT THE DIVIDING LINE OF Lot NO. 592 AND Lot NO 591; THENCE BY LINE OF Lot NO 592, North 20 DEGREES 58 MINUTES 40 SECONDS West, 150.00 FEET TO AN IRON PIN; THENCE CONTINUING BY Lot NO 592 AND BY Lot NO 606, North 51 DEGREES 41 MINUTES 57 SECONDS East 158.36 FEET TO AN IRON PIN AT THE DIVIDING LINE OF Lot NO 589 AND Lot NO 591; THENCE BY LINE OF Lot NO 589, South 20 DEGREES 58 MINUTES 40 SECONDS East 159.65 FEET TO AN IRON PIN ON THE Northern RIGHT OF WAY OF GOLFVIEW DRIVE, THE PLACE OF BEGINNING. PARCEL NO: 10-16-1056-258. PROPERTY BEING: 3620 GOLFVIEW DRIVE File #: 156113 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 of 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 its knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands-that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. / . Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: / ~ ~ _N .~ - c-3 ri~~~ ~~ • 00 ~ t - , . <. ) D ~~' ~ ":o cr,> --< SHERIFF'S RETURN - REGULAR s CASE NO: 2007-04824 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA ETC VS ADAM PABLO E ET AL ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE ADAM PABLO E was served upon DEFENDANT the at 1014:00 HOURS, on the 17th day of August 2007 at 3620 GOLFVIEW nRTVF MECHANICSBURG, PA 17050 by handing to ANITA ADAM, WIFE 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 11.52 Affidavit .00 Surcharge 10.00 00 ~j2~101 3 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 08/20/2007 PHELAN HALLINAN SCHMIEG By: Deputy Sheriff A.D. i CASE NO: 2007-04824 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA ETC VS ADAM PABLO E ET AL ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ADAM ANITA M the DEFENDANT at 1014:00 HOURS, on the 17th day of August 2007 at 3620 GOLFVIEW DRIVE MECHANICSBURG, PA 17050 ANITA ADAM 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 //~~,, . 0 0 ~~~~~01 `~" ' / 16.00 Sworn and Subscibed to before me this day of , So Answers: rte,` c .:o ~, R. Thomas Kline 08/20/2007 PHELAN HALLINAN SCHMIEG By l Deputy Sherif A.D. ~lL~D-~FFICL Qa THE PROTfaHClT~r""~`.~` 2o~aocz 2~ ~ ~~: ~~ ~UMBERL,~~~~ t;~U~'~, PEr~~SYL~~H16~ PHELAN HALLINAN & SCHMIEG, LLP BY: Vivek Srivastava, Esquire Identification No. 202331 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. SB/M to Wells Fargo Home Mortgage, Inc. Plaintiff vs. Pablo Adam Anita Adam Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No.: 2007-4824 STATEMENT OF INTENTION TO PROCEED TO THE COURT: Plaintiff continues to work with Defendants on loss mitigation, therefore this case should remain on active status. Date: c'~ By: Vive rivastava, Esquire Attorney for Plaintiff Y 2013 OCT -2 Ati 10: 14 Phelan Hallinan,LLP C11BEl�LAND D( 1 ey For Plaintiff 1617 JFK Boulevard,Suite 1400 PE 1NS YLVAN!A One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 WELLS FARGO BANK, N.A., S/B/M Court of Common Pleas TO WELLS FARGO HOME . MORTGAGE,INC. Civil Division Plaintiff . CUMBERLAND County vs . No.07-4824-CIVIL TERM PABLO E.ADAM ANITA M.ADAM Defendant PRAECIPE TO THE PROTHONOTARY: Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ❑1 Please mark the above referenced case Settled,Discontinued and Ended. ❑Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. ❑Please mark the in rem judgment Satisfied and the action Discontinued and Ended. ❑ Please Vacate the Judgment entered. Date: 7/ 70//'> PHELAN HALLINAN,LLP By: ae.%`'t/Kf/ 17Gl/ . Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff PH#650140 . Phelan Hallinan,LLP Attorney for Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 WELLS FARGO BANK,N.A.,S/B/M TO WELLS Court of Common Pleas FARGO HOME MORTGAGE,INC. Plaintiff Civil Division v. CUMBERLAND County PABLO E. ADAM No.07-4824-CIVIL TERM ANITA M.ADAM Defendant PH#650140 CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff's Praecipe was served by regular mail to the person(s)on the date listed below: PABLO E.ADAM ANITA M.ADAM 3620 GOLFVIEW DRIVE MECHANICSBURG,PAA 17050 Date: W d D`f PHELAN HALLINAN,LLP By: // /37fy Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff