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Home My WebLink About07-6179PHELAN 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 163768 WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. DAVID V. MCCALL 65 COURTYARD DRIVE CARLISLE, PA 17013 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. p7_ (oi,79 Civi I (error CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 163768 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 #: 163768 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 #: 163768 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 #: 163768 I . Plaintiff is WELLS FARGO BANK, N.A., SB/M 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: DAVID V. MCCALL 65 COURTYARD DRIVE CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/22/2003 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to VETERANS HOME MORTGAGE, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1842, Page: 1571. By Assignment of Mortgage recorded 10/24/2003 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 703, Page 1335. 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 06/01/2007 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 #: 163768 6. The following amounts are due on the mortgage: Principal Balance $138,987.82 Interest $4,206.60 05/01/2007 through 10/18/2007 (Per Diem $24.60) Attorney's Fees $1,250.00 Cumulative Late Charges $182.28 10/22/2003 to 10/18/2007 Cost of Suit and Title Search $550.00 Subtotal $145,176.70 Escrow Credit $0.00 Deficit $388.36 Subtotal 388.36 TOTAL $145,565.06 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 #: 163768 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 $145,565.06, together with interest from 10/18/2007 at the rate of $24.60 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. , LLP PHELAN HALLINAN Wnan By: / rands S. Hall LAWREN CE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 163768 LEGAL DESCRIPTION ALL THAT CERTAIN unit in the property known, named and identified in the Declaration referred to below as 'The Courtyards of Carlisle, A Condominium Community', located in the Borough of Carlisle, County of Cumberland and Commonwealth of Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Condominium Act, 68 Pa. C.S.A. Section 3101, et. seq., by the recording in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, of a Declaration dated February 26, 1999, and recorded April 22, 1999, in Miscellaneous Book 610, Page 678. (together with all amendments and supplements thereto recorded on or before the date hereof) and the Amendment to Declaration of Condominium of the Courtyards of Carlisle, A Condominium Community dated October 26, 1999 and recorded in Miscellaneous Book 628, Page 760, and the Second Amendment to Declaration of Condominium of the Courtyards of Carlisle, A Condominium Community, dated May 3, 2000 and recorded in Miscellaneous Book 644 Page 624, and the Third Amendment to Declaration of Condominium of the Courtyards of Carlisle, a Condominium Community, dated March 28, 2001 and recorded April 19, 2001, in Miscellaneous Book 672 Page 614, and the Fourth Amendment to Declaration of Condominium of the Courtyards of Carlisle, a Condominium Community, dated October 16, 2001, and recorded December 31, 2001 in Miscellaneous Book 683 Page 2441, and re-recorded March 22, 2002 in Miscellaneous Book 685, Page 3603, and the Fifth Amendment to Declaration of the Condominium of the Courtyards of Carlisle, a Condominium Community, dated June 6, 2002 and recorded August 13, 2002 in Miscellaneous Book 689, Page 1837, and the Sixth Amendment to Declaration of Condominium of the Courtyards of Carlisle, a Condominium Community, dated May 13, 2003 and Recorded July 31, 2003 in Miscellaneous Book 700, Page 17, being and designated in said Amendment to File #: 163768 Declaration and the herein described Declaration Plan,'as Unit No. 113, as more fully described in such Declaration, together with a proportionate undivided interest in the Common Elements as defined in such Declaration. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights-of-way, easements and agreements of record, including (but not limited to) those contained in the Declaration and Declaration Plan. PROPERTY BEING: 65 COURTYARD DRIVE File #: 163768 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 unswom falsifications to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: 0 1164. v t? ' raft C(A 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/M TO COURT OF COMMON PLEAS WELLS FARGO HOME MORTGAGE, INC. CIVIL DIVISION V. CUMBERLAND COUNTY DAVID V. MCCALL NO. 07-6179-CIVIL TEAM PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Dated: ` 12 File #: 163768 Phelan Hallinan and Schmieg, LLP _ By: iawy\'? 1\-", ?- ? Francis S. Hallinan, Esquire Lawrence T. Phelan, Esquire Daniel G. Schmieg, Esquire VERIFICATION Yolanda Williams hereby states that he/she is of WELLS FARGO BANK N.A., servicing agent for Plaintiff in this matter, that he/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 his/her owledge, information and belief. The undersigned understands that this statement is made sub' t tote penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. Name: I Yolanda Williams DATE: October 23,2007 Loan:0034027466 Title: Vice Pr ident Loan Documentation Company: WELLS FARGO BANK N.A. File #: 163768 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., S/B/M TO COURT OF COMMON PLEAS WELLS FARGO HOME MORTGAGE, INC. CIVIL DIVISION V. CUMBERLAND COUNTY DAVID V. MCCALL NO. 07-6179-CIVIL TEAM CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Praecipe to Substitute Verification was sent via first class mail to the following on the date listed below: DAVID V. MCCALL 65 COURTYARD DRIVE CARLISLE, PA 17013 Dated: \` LZ R ,\ M FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL S. SCHMIEG, ESQUIRE Attorney for Plaintiff File: 163768 ca `"`' -4 Cf) n L , SHERIFF'S RETURN - REGULAR CASE NO: 2007-06179 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS MCCALL DAVID V ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE MCCALL DAVID V was served upon the DEFENDANT , at 2125:00 HOURS, on the 24th day of October , 2007 at 65 COURTYARD DRIVE CARLISLE, PA 17013 SHIRLEY MCCALL, 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 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 .00 it/??/°7 32.80 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 10/25/2007 PHELAN HALLINAN SCHMIEG B A 0-fos::a-s Deputy S ri f A.D. 0-. 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 at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. Plaintiff vs DAVID V. MCCALL Defendant : I Court of Common Pleas : I Civil Division CUMBERLAND County No. 07-6179-CIVILTERM PHS# 163768 PRAECIPE TO THE PROTHONOTARY: 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. X Please withdraw the complaint and mark the action discontinued and ended without prejudice Date: December 5, 2008 Francis S. Hallinan Attorney for Plaintiff L oo