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HomeMy WebLinkAbout08-0995PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 SHEETAL R. SHAH-JANI, ESQ., Id. No. 81760 JUDITH T. ROMANO, ESQ., Id. No. 58745 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 167879 WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. PATRICIA J. REED 22 CORNELL DRIVE CAMP HILL, PA 17011-7637 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 08 - QQS 0ivi L 7-e-rp'% CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 167879 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 #: 167879 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 #: 167879 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 #: 167879 1. Plaintiff is WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: PATRICIA REED 22 CORNELL DRIVE CAMP HILL, PA 17011-7637 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/17/2001 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to CARDINAL FINANCIAL COMPANY, LIMITED PARTNERSHIP which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1704, Page: 243. By Assignment of Mortgage Recorded 11/14/2006 the mortgage was Assigned To WACHOVIA MUTUAL BANK, F.A. which Assignment is recorded in Assignment Of Mortgage in Book No. 732, Page 175. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 09/01/2007 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 File #: 167879 by written notice sent to Mortgagor, the entire principal balance and all interest due 6. thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $100,119.00 Interest $4,131.84 08/01/2007 through 02/08/2008 (Per Diem $21.52) Attorney's Fees $1,250.00 Cumulative Late Charges $74.88 04/17/2001 to 02/08/2008 Cost of Suit and Title Search 550.00 Subtotal $106,125.72 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $106,125.72 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 File #: 167879 discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 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 $106,125.72, together with interest from 02/08/2008 at the rate of $21.52 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 & SCHMIEG, LLP By: FRA CIS S. HALLINAN, ESQUIRE &(o 9 DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File #: 167879 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northwest line of Cornell Drive, said point being located seven hundred fifty-three and two one-hundredths (753.02) feet, more or less, measured southwestwardly along the said line from the northwest corner of Cornell Drive and Center Drive at the division line of Lots No. 11 & 12 on said plan; thence southwestwardly along Cornell Drive seventy (70) feet to a point; thence northwestwardly at right angles with Cornell Drive and along the line of Lot No. 13 on the hereinafter mentioned plan, one hundred thirty (130) feet to a point; thence northeastwardly along lands now or formerly of W.F. Keiser, Jr. and wife, and parallel with Cornell Drive seventy (70) feet to a point; thence southeastwardly at right angles and along line of Lot No. 11 on said Plan, on hundred thirty (130) feet to the place of BEGINNING. BEING Lot No. 12 as shown on 'Part of Plan No. 2, Cedar Cliff Manor', said Plan being recorded in Cumberland County Recorder's Office in Plan Book 7, Page 13. HAVING thereon erected premises No. 22 Cornell Drive, Camp Hill, Pennsylvania. UNDER AND SUBJECT to Building and Use Restrictions created by Declaration of W.F. Keiser, Jr., et ux and recorded in the Cumberland County Recorder's Office in Miscellaneous File #: 167879 Book 107, Page 151, and to set-back lines and utility easements as shown upon the aforesaid Plan. BEING THE SAME premises which Pamela A. Hampton, Executrix of the Estate of Julia L. Hampton, deceased and Pamela A. Hampton, Beneficiary of the Estate of Julia L. Hampton and William W. Hampton, unmarried person, by their deed dated December 15, 1998 and recorded January 12, 1999 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 192, Page 738, granted and conveyed unto Bottaro Construction Company, a Pennsylvania Corporation, GRANTOR herein. BEING THE SAME PREMISES THE TITLE TO WHICH BECAME VESTED ON THE MORTGAGORS HEREIN BY DEED OF: GRANTOR: BOTTARO CONSTRUCTION COMPANY A PENNSYLVANIA CORPORATION DEED DATE: 2-24-2000 RECORDED IN COUNTY OF: CUMBERLAND VOLUME: 216 PAGE: 890 PREMISES: 22 CORNELL DRIVE PARCEL: 13-23-0547-483 File #: 167879 VERIFICATION I hereby state that I am the 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 I am 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 my 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. 12titoInms ey for -'Plain, NW-7- $` DATE: -G` ? # 00 ? C7 p W r rv IA U te ,- -t r e? C? -,C SHERIFF'S RETURN - REGULAR CASE NO: 2008-00995 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS REED PATRICIA J DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon REED PATRICIA J the DEFENDANT , at 2042:00 HOURS, on the 12th day of March , 2008 at 22 CORNELL DRIVE CAMP HILL, PA 17011 PATRICIA REED 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 So Answers: 18.00 r 46.08 r .00 10.00 R. Thomas Kline ! .00 74 08 03/13/2008 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: ` before me this day Deputy Sheriff of A.D. 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, NA Patricia J. Reed Plaintiff vs. Defendant(s) PRAECIPE ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 08-995 CIVIL TERM TO THE PROTHONOTARY: 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. s Date: 3 /L--1 ?'_ Francis S. HalliAan, Esquire Attorney for Plaintiff PHS# 167879 ?`? c ' ?,? -- .-?-? r .r ? t-? r::-r. i R7 , ., ?.. , , .v. <. ? _ , _.?