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Home My WebLink About04-1834FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff ATTOKNEY FOR PLAINTIFF COURT OF COMMON PLEAS CWIL DIVISION TERM CUMBERLAND COUNTY JEFFREY A. NIBLETT JULIE A. NIBLETT KENNETH A. NIBLETT 508 HERMAN AVENUE LEMOYNE, PA 17043 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FOF~CLOSURE 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 tiling 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, TItlS 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. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 File#: 91848 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 TH[IS 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 COMFLAINT 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 liS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File#: 91848 Plaintiff is WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 The name(s) and last known address(es) of the Defendant(s) are: JEFFREY A. NIBLETT JULIE A. NIBLETT KENNETH A. NIBLETT 508 HERMAN AVENUE LEMOYNE, PA 17043 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 02/27/1998 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FIDELITY BANK & MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUIvlBERLAND County, in Mortgage Book No. 1435, Page 998. By Assignment of Mortgage recorded 5/5/98 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 570, Page 423. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2003 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 #: 91848 The following amounts are due on the mortgage: Principal Balance Interest 11/01/2003 through 04/23/2004 (Per Diem $14.93) Attorney' s Fees Cumulative Late Charges 02/27/1998 to 04/23/2004 Cost of Suit and Title Search Subtotal $74,153.64 2,612.75 1,250.00 150.95 $ 550.00 $ 78,717.34 Escrow Credit - 521.18 Deficit 0.00 Subtotal $- 521.18 TOTAL $ 78,196.16 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 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 $ 78,196.16, together with interest from 04/23/2004 at the rate of $14.93 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. By: /~a~s'S.~an~ FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 91848 PREMISES BEING: 508~MAN Av~IUE VERIFICATION JOLYN MARTIN hereby states that she is VICE PRESIDENT LOAN DOCUMENTATION of WELLS FARGO HOME MORTGAGE, INC. mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correctto thebest ofher knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C S. Sec. 4904 relating to unsworn falsification to authorities. Jolyn Ma.rrm, Vice President Loan Documentation SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-01834 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO HOME MORTGAGE INC VS NORWEST HOME MORTGAGE INC R. Thomas Kline duly sworn according to inquiry for the within named DEFENDANT NIBLETT KENNETH A unable to locate Him COMPLAINT - MORT.FORE ,Sheriff or Deputy Sheriff, who being law, says, that he made a diligent search and in his bailiwick. but was He therefore returns the the within named DEFENDANT 508 HERMAN AVENUE LEMOYNE, PA 17043 DEFENDANT LIVES IN CALIFORNIA. NIBLETT KENNETH A NOT FOUND , as to Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 21.00 So answers..~ . ~ ~-.-d~-' ./ Sheriff of Cumberland County FEDERMAN & PHELAN 05/06/2004 Sworn and subscribed to before me SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-01834 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO HOME MORTGAGE VS NORWEST HOME MORTGAGE INC INC R. Thomas Kline duly sworn according to law, says, that he made a diligent inquiry for the within named DEFENDANT NIBLETT JULIE A unable to locate Her COMPLAINT - MORT FORE ,Sheriff or Deputy Sheriff, who being search and in his bailiwick. but was He therefore returns the the within named DEFENDANT 508 HERMA_N AVENUE LEMOYNE, PA 17043 NOT AT GIVEN ADDRESS. DEFENDANT MOVED AND LEFT NO , NIBLETT JULIE A FORWARDING ADDRESS. , NOT FOUND , as to Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 21.00 R. Thomas Kline Sheriff of Cumberland County FEDERMA_N & PHELAN 05/06/2004 Sworn and subscribed to before me this ~:~ day of ~ ~ ~ A.D. rot .ono~ary ' ~" ~' ~ SHERIFF'S RETURN CASE NO: 2004-01834 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO HOME MORTGAGE INC VS NORWEST HOME MORTGAGE INC - REGULAR RONALD HOOVER Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE was served upon NIBLETT JEFFREY A DEFENDANT , at 1524:00 HOURS, on the 4th day of May at 503 HERMAN AVENUE LEMOYNE, PA 17043 by handing to CHRISTINA A NIBLETT, ADULT DAUGHTER a true and attested copy of COMPLAINT - MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according to law, the 2004 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.04 Affidavit .00 Surcharge 10.00 .00 39.04 Sworn and Subscribed to before me this /~ ~ day of ~.~ ~rothonotary So Answers: R. Thomas Kline 05/0s/2004 FEDERMAN & PHELAN Deputy Sheriff FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 215[~63 -70_000 WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST HOME MORTGAGE, INC. Plaintiff VS. JEFFREY A. NIBLETT JULIE A. NIBLETT KENNETH A. NIBLETT Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : : CIVIL DIVISION : : CUMBERLAND County No. 04-1834 CWIL ~/MORTGAGI~~ TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. FEDERMAN AND PHELAN, LLP By: _~,~_.~ / - /~ FED. Lrf>dVlAN, ESQUIRE /LAWREN(L/E T. PHELAN, ESQU~ F~NCIS S. ~LL~AN, ESQU~ Attorneys for Plaintiff Date: J~une 14, 2004_ /jrh, Svc Dept. File# 91848 SHERIFFIS RETURN - REGULAR CASE NO: 2004-01834 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO HOME MORTGAGE INC VS NIBLETT JEFFREY A ET AL Amended SHAWN HARRISON Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE was served upon NIBLETT JULIE DEFENDANT , at 1929:00 HOURS, on the 21st day of June at 310 HUMMEL AVENUE LEMOYNE, PA 17043 by handing to JULIE NIBLETT a true and attested copy of COMPLAINT - MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according to law, the 2004 together with and at the same time directing Her attention to the contents thereof. Amended Sheriff's Costs: Docketing 18.00 Service 11.04 Affidavit .00 Surcharge 10.00 39.04 Sworn and Subscribed to before me this _3_~ day of J ~o~f A.D. So Answers: R. Thomas Kline 07/07/2004 FEDERMAN & By: ~~uty[FI Sheriff SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-01834 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Amended WELLS FARGO HOME MORTGAGE INC VS NIBLETT JEFFREY A ET AL R. Thomas Kline duly sworn according to law, says, that he made inquiry for the within named DEFENDANT NIBLETT KENNETH A unable to locate Him in his bailiwick. ,Sheriff or Deputy Sheriff, who being a diligent search and but was He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT , NIBLETT KENNETH A 310 HUMMEL AVENUE LEMOYNE, PA 17043 KENNETH IS JULIE'S FATHER IN LAW. HE LIVES IN CALIFORNIA AND HAS NEVER LIVED IN PENNSYLVANIA. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5,00 Surcharge 21o00 NOT FOUND , as to Sheriff of Cumberland County FEDERMAN & PHELAN 07/07/2004 Sworn and subscribed to before me this )~'~ day of~ onotary SHERIFF'S RETURN - REGULAR CASE NO: 2004-01834 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO HOME MORTGAGE INC VS NORWEST HOME MORTGAGE INC SHAWN HARRISON Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE NIBLETT JULIE A DEFENDANT , at 1929:00 HOURS, at 310 HU/~MEL AVENUE LEMOYNE, PA 17043 by handing to JULIE NIBLETT a true and attested copy of COMPLAINT - MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according to was served upon on the 21st day of June the together with law, , 2004 and at the same time directing Her attention to the contents thereof, Sheriff's Costs: Docketing 18.00 Service 11,04 Affidavit .00 Surcharge 10.00 .00 39.04 So Answers: R. Thomas Kline 06/22/2004 FEDERMAN & Sworn and Subscribed to before By: me this ~ day of t~rdthonotary SHERIFFIS RETURN - NOT FOUND CASE NO: 2004-01834 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO HOME MORTGAGE INC VS NORWEST HOME MORTGAGE INC Thomas Kline he made a diligent duly sworn according to law, says, that inquiry for the within named DEFENDkNT NIBLETT KENNETH A unable to locate Him in his bailiwick. COMPLAINT - MORT FORE ,Sheriff or Deputy Sheriff, who being search and but was He therefore returns the the within named DEFENDANT 310 HUMMEL AVENUE LEMOYNE, PA 17043 KENNETH IS JULIE'S FATHER , NIBLETT KENNETH A IN LAW. HE LIVES IN CALIFORNIA AND HAS NEVER LIVED IN PENNSYLVANIA. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 21.00 NOT FOUND , as to So answers:, j /~'~' / R. Thomas Kline Sheriff of Cumberland County FEDERM3tN & PHELAN 06/22/2004 Sworn and subscribed to before me this i~j~5 day o~ ~o~ A.D. Prdt~fonotary ' FEDERMAN AND PHELAN, LLP By: Frank Federman, Esquire I.D. No. 12248 Lawrence T. Phelan, Esquire I.D. No. 32227 Francis S. Hallinan, Esquire I.D. No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Plaintiff Attorney for WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST HOME MORTGAGE, INC. Plaintiff VS. Court of Common Pleas CU]~,IBERLAND County No. 04-1834 CIVIL JEFFREY A. NIBLETT JULIE A. NIBLETT KENNETH A. NIBLETT Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT WITHOUT PRETUDICE, AND SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matte~t, without prejudice, and mark this matter settled, discontinued and ended, upon payment of your costs only. Frank Federman, Esquire Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Attorneys for Plaintiff