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Home My WebLink About09-0040 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 R. 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 J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 'J`aime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 191423 WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff v. BRIAN T. PROSSER 1227 BRIDGE STREET NEW CUMBERLAND, PA 17070-1637 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM (r~ U~ ~ No. ~ f - ~/d~/(/ CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 191423 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 maybe 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 HIIZE 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 (717)249-3166 File #: 191423 u 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: BRIAN T. PROSSER 1227 BRIDGE STREET NEW CUMBERLAND, PA 17070-1637 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. S. On 11/27/1991 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MARYLAND NATIONAL MORTGAGE CORPORATION. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1037, Page 729. By Assignment of Mortgage recorded 02/02/2007 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 0734, Page 0582. 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 07/01/2008 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 #: 191423 6. The following amounts are due on the mortgage: Principal Balance $40,329.43 Interest $1,434.44 06/01/2008 through 01/05/2009 Attorney's Fees $1,250.00 Cumulative Late Charges $63.48 11/27/1991 to 01/05/2009 Property Inspections $15.00 Cost of Suit and Title Search 750.00 Subtotal $43,842.35 Escrow Credit $0.00 Deficit $650.43 Subtotal 650.43 TOTAL $44,492.78 7 8. If the mortgage is reinstated prior to a Sheriff s Sale, the attorney's fee set forth above maybe 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 #: 191423 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 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $44,492.78, together with interest from 01/05/2009 at the rate of $6.58 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: ~~~ ~~ ~ c~ ~D/3 f/ Lawrence T. Phelan, Esquire Francis S. Hallinan, 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 J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Attorneys for Plaintiff File #: 191423 LEGAL DESCRIPTION ALL that certain lot and part of a lot situated in the Borough of New Cumberland, County of Cumberland, and State of Pennsylvania, being the Southerly eight (8) feet of Lot Numbered 29 and the whole of Lot Numbered 28, in the Willett Heirs' addition to the Borough of New Cumberland aforesaid, as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book No. 2, at page 24, more particularly bounded and described as follows, to wit: BEGINNING at a point seventeen (17) feet more or less, south of the southeastern corner formed by the intersection of Lincoln Street, now Park Avenue with Bridge Street at the center of the partition wall separating the property hereindescribed and Number 1229 Bridge Street; thence continuing along the easterly line of Bridge Street southwardly, thirty-three (33) feet, more or less, to the northerly line of Lot No. 27, above mentioned plan; thence by the northerly line of Lot No. 27, at right angle to bridge Street, one hundred fifty (150) feet to the westerly line of a sixteen (16) foot wide alley; thence northerly along said alley, thirty-three (33) feet, more or less, to a point; thence westwardly along and thru the center of the partition wall of the double brick house above mentioned a distance of one hundred and fifty (150) feet to the easterly line of Bridge Street, the point or place of BEGINNING. BEING the southerly eight (8) feet of Lot No. 29, and the whole of Lot No. 28 on the plan of lots first mentioned, the whole forming a rectangular plot of ground fronting thirty-three (33) feet on Bridge Street, and extending back in uniform width one hundred fifty (150) feet to the westerly line of a sixteen (16) foot wide public alley. HAVING thereon erected the southerly half of a double two story brick dwelling house, garage, etc., and known and numbered No. 1227 Bridge Street, New Cumberland, Pennsylvania. PREMISES: 1227 BRIDGE STREET PARCEL#: 26-23-0541-230 File #: 191423 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.ILC.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. %~~ e Attorney for Plaintiff ~OC 3 / DATE: --J~'--Dq ~, .v ,~ ~, N ~ e~ ~ ~ f`Tlt_' c7, ~~ _ \ ~ ~., ~, _ .r J f~ ~} «,{