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Home My WebLink About08-4571 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 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 LAUREN R. TABAS, ESQ., Id. No. 93337 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791/ ANDREW SPIVACK, ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 179404 WELLS FARGO FINANCIAL PENNSYLVANIA, INC. 3476 STATEVIEW BLVD FORT MILL, SC 29715 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM V. Plaintiff NO. Df- t/67/ eT? Ym CUMBERLAND COUNTY THE MELVIN E. FETTRO TRUST DATED 2/12/07 210 HERMAN AVENUE LEMOYNE, PA 17043-1937 THE UNKNOWN SUCCESSORS, TRUSTEES AND BENEFICIARIES OF THE MELVIN E. FETRO TRUST DATED 2/12/07 210 HERMAN AVENUE LEMOYNE, PA 17043-1937 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, File #: 179404 OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MELVIN E. FETTRO, DECEASED 210 BERMAN AVENUE LEMOYNE, PA 17043-11937 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 179404 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 ORNO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 179404 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 File #: 179404 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 #: 179404 1. Plaintiff is WELLS FARGO FINANCIAL PENNSYLVANIA, INC. 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: THE MELVIN E. FETTRO TRUST DATED 2/12/07 210 HERMAN AVENUE LEMOYNE, PA 17043-1937 THE UNKNOWN SUCCESSORS, TRUSTEES AND BENEFICIARIES OF THE MELVIN E. FETRO TRUST DATED 2/12/07 210 HERMAN AVENUE LEMOYNE, PA 17043-1937 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MELVIN E. FETTRO, DECEASED 210 HERMAN AVENUE LEMOYNE, PA 17043-11937 who are the real owner(s) of the property hereinafter described. 3. On 09/11/2007 THE MELVIN E. FETTRO, TRUST AND MELVIN E. FETTRO, TRUSTEE, DATED 2-21-07 made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Instrument No. 200736611. 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 12/15/2007 and each month thereafter are due and unpaid, and by the terms File #: 179404 of said mortgage, upon failure of mortgagor to make such payments after a date specified 6. by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $88,061.07 Interest $5,298.61 11/15/2007 through 07/23/2008 Attorney's Fees $1,250.00 Cumulative Late Charges $0.00 09/11/2007 to 07/23/2008 Cost of Suit and Title Search 550.00 Subtotal $95,159.68 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $95,159.68 7. 8 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 #: 179404 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. 11. This action does not come under Act 91 of 1983 because the mortgaged premise is not owner-occupied. 12. Mortgagor MELVIN E. FETTRO died on 11/29/07 and, upon information and belief, his surviving HEIRS are UNKNOWN. 13. Plaintiff contacted the Register of Wills of CUMBERLAND AND YORK Counties and was informed as of 7/17/08, no estate has been raised on behalf of the decedent mortgagor. 14. Plaintiff hereby releases MELVIN E. FETTRO, from liability for the debt secured by the mortgage. 15. Plaintiff does not hold the named Defendants, THE MELVIN E. FETTRO TRUST DATED 2/12/07, UNKNOWN SUCCESSOR, TRUSTEES AND BENEFICIARIES OF THE MELVIN E. FETTRO TRUST DATED 2/12/0 AND UNKNOWN HEIRS OF MELVIN E. FETTRO, DECEASED, personally liable on this cause of action and releases them from any personal liability. This action is being brought to foreclose their interest in the aforesaid real estate only. File #: 179404 16. Defendants, THE MELVIN E. FETTRO TRUST DATED 2/12/07, UNKNOWN SUCCESSOR, TRUSTEES AND BENEFICIARIES OF THE MELVIN E. FETTRO TRUST DATED 2/12/0 AND UNKNOWN HEIRS OF MELVIN E. FETTRO, DECEASED, have been named in accordance with Pa R.C.P. I I44(a)(2), in order to divest the equitable interests in the premises and have no personal liability for the debt secured by the mortgage. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $95,159.68, together with interest from 07/23/2008 at the rate of $21.11 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: LA NCE T. PHEL , ESQUIRE FRANCIS S. HALLIN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 179404 LEGAL DESCRIPTION LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS ALL THAT CERTAIN PROPERTY SITUATED IN BOROUGH OF LEMOYNE IN THE COUNTY OF CUMBERLAND, AND STATE OF PA AND BEING DESCRIBED IN A DEED DATED 02/12/2007 AND RECORDED 03/05/2007 IN BOOK 278 PAGE 4978 AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, AND REFERENCED AS FOLLOWS: PREMISES: 210 HERMAN Avenue PARCEL NO. 12-22-0822-104 File #: 179404 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 unworn falsifications to authorities. gIM 42?ey for Plai iff DATE: 1 a? L _ IX 0 SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-04571 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO FINANCIAAL PA VS FETTRO MELVIN E TRUST ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT FETTRO MELVIN E TRUST THE DATED 2/12/07 but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT DATED 2/12/07 , 210 HERMAN AVENUE , NOT FOUND , as to FETTRO MELVIN E TRUST THE LEMOYNE, PA 17043-1937 HOUSE IS VACANT. Sheriff's Costs: Docketing Service Affidavit Surcharge Not Found (? 916) OC 90 So answers: 18.00 17.00 .00 R. Thomas Kline 10.00 Sheriff of Cumberland County 5.00 50.00 PHELAN HALLINAN & SCHMIEG 08/19/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-04571 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO FINANCIAAL PA VS FETTRO MELVIN E TRUST ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT unable to locate Him in his bailiwick. f" r/ Alr TST T TATT AR(1nm 10nnV IES OF M E FETTRO but was He therefore returns the the within named DEFENDANT BENEFICIARIES OF M E FETTRO 210 HERMAN AVENUE LEMOYNE, PA 17043-1937 HOUSE IS VACANT. NOT FOUND , as to UNKNOWN SUCCESSORS TRUSTEES & Sheriff's Costs: Docketing Service Affidavit Surcharge Not Found g103)04 So answers : -''-::r--? 6.00 - ?' .00 .00 R. Thomas Kline 10.00 Sheriff of Cumberland County 5.00 21.00 PHELAN HALLINAN & SCHMIEG 08/19/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-04571 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO FINANCIAAL PA VS FETTRO MELVIN E TRUST ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT unable to locate Him in his bailiwick. COMPLAINT - MORT FORE , the within named DEFENDANT 210 HERMAN AVENUE LEMOYNE, PA 17043-1937 HOUSE IS VACANT. ut was He therefore returns the , NOT FOUND , as to UNKNOWN HEIRS OF MELVIN FETTRO Sheriff's Costs: Docketing Service Affidavit Surcharge Not Found 910,31b y (??. So answers: 6.00 .00 .00 R. Thomas K ine 10.00 Sheriff of Cumberland County 5.00 21.00 PHELAN HALLINAN & SCHMIEG 08/19/2008 Sworn and Subscribed to before me this day 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 Financial Pennsylvania, Inc. Plaintiff vs. The Melvin E. Fettro Trust dated 02/12/07 The unknown Successors, Trustees and Beneficiaries of The Melvin E. Fettro Trust Dated 02/12/07 Unknown Heirs, Successors, Assignsm and All Persons, Firms, or Associations claming Right, Title or Interest from or under The Melvin E. Fettro Trust dated 02/12/07 Defendant(s) PRAECIPE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division : Cumberland County No. 08-4571 CIVIL TERM 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: d Francis S. Hallinan, Esquire Attorney for Plaintiff PHS# 179404 =i! C CAE) p = ? J s, ? 'a t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ABEC, INC., VS. BINK PARTNERSHIP, INC. t/d/b/a BINK ARCHITECTURAL PARTNERSHIP, Defendant No.: 08-4571 PRAECIPE TO THE PROTHONOTARY: Please amend the Writ of Execution dated October 8, 2008 and include Garnishee, Upper Allen Township, 100 Gettysburg Pike, Mechanicsburg, PA 17055. REAM CARR MARKEY & WOLOSHIN, LLP Date: l l a 5 l o e By: ad, yzz lel-? Jac V. Ream, Esquire ID No.: 10241 119 East Market Street York, PA 17401-1278 Telephone: (717) 843-8968 Plaintiff ?? _? ??, -.-, _: 4 {,TA} d ?,