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HomeMy WebLinkAbout09-1585v? Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 ,baniel 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 Jaime 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 199254 WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. PHILIP J. HELMS 2179 YALE AVENUE CAMP HILL, PA 17011 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO.* /SOS CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 199254 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 (717) 249-3166 File #: 199254 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: PHILIP J. HELMS 2179 YALE AVENUE CAMP HILL, PA 17011 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/26/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR GRAYSTONE MORTGAGE which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200741825. The 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 11/01/2008 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 #: 199254 6. The following amounts are due on the mortgage: Principal Balance $134,610.29 Interest $3,907.11 10/01/2008 through 03/12/2009 (Per Diem $23.97) Attorney's Fees $1 325.00 Cumulative Late Charges , $128.94 10/26/2007 to 03/12/2009 Property Inspections $30.00 Cost of Suit and Title Search 750.00 Subtotal $140,751.34 Escrow Credit ($538.92) Deficit $0.00 Subtotal 538.92 TOTAL $140,212.42 7. 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. 8. 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 #: 199254 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $140,212.42, together with interest from 03/12/2009 at the rate of $23.97 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 H*-MAN BCHMIEG, LLP Lawrence T. Phel , Esqu Francis S. Hallinan, squire 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 #: 199254 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in Camp Hill Borough, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the South side of Yale Avenue (50 feet wide) said point being 163.54 feet measured along the South side of Yale Avenue from the East side of South 22nd Street; thence South 03 degrees 51 minutes East, a distance of 135 feet to a point; thence North 86 degrees 09 minutes East, a distance of 78 feet to a point; thence North 03 degrees 51 minutes West, a distance of 135 feet to the Southern line of Yale Avenue; thence along the Southern line of Yale Avenue South 86 degrees 09 minutes West, a distance of 78 feet to a point, the place of BEGINNING. HAVING thereon erected a one story brick and frame dwelling house. PARCEL NO. 01-22-0535-042 PROPERTY BEING: 2179 YALE AVENUE File M 199254 VERIFICATION I hereby states that I am the attorney for the 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. DATE: I Z. - O 1' Attorney for C 2 Z? rVZ.- S-- File #: 199254 W v Y na CIF .? tr= L f ' ?i y Sheriffs Office of Cumberland County Thomas Kline ??ti??xtr ©t ?atarrbrr/??tG Edward L Schorpp Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy OF` e r rFE S ERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/25/2009 12:25 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 25, 2009 at 1225 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Phillip J. Helms, by making known unto Phillip J. Helms personally, at 2179 Yale Avenue Camp Hill, Cumberland County, Pennsylvania, 17011, its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $53.20 March 27, 2009 SO ANSWERS, R THOMAS KLINE,, SHERIFF Deputy Sheriff Docket No. 2009-1585 Wells Fargo Bank,NA v Philip J. Helms r, HE U THE", NOTARY 7809 APR -2 PM 3= 30 CUlV3, - t,t s? -L"lDL,' QTY RE- NINSYMN"J AI -'s PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WELLS FARGO BANK, NA VS. PHILIP J. HELMS Plaintiff Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : NO. 09-1585-CIVIL CUMBERLAND COUNTY 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. Phelan Hallinan & Schmieg, LLP Atto for Plaintiff By- Date: 04-09-09 Francis S. Hallinan, Esquire PHS #: 199254 VERIFICATION Yolanda Williams hereby states that he/she is Vice President of Loan Documentation of WELLS FARGO BANK, N.A., servicing agent for Plaintiff, WELLS FARGO BANK, N.A., 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 knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.7,' c. 4904 relating to unworn falsification to authorities. // A Name:( Yolanda Williams DATE: 3-16-09 Title: 'Vice President of Loan Documentation Company: WELLS FARGO BANK, N.A. File #: 199254 PHELAN HALLINAN & SCHMIEG, LLP 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 BANK, NA VS. PHILIP J. HELMS Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : NO. 09-1585-CIVIL CUMBERLAND COUNTY Defendant(s) CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiff s Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: PHILIP J. HELMS 2179 YALE AVENUE CAMP HILL, PA 17011-5452 Date: 04-09-09 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: Francis S. Hallinan, Esquire FILED- Q - IvE OF THE 1'I''" "?r' N,'-)TARY 2009 APR 14 AM 10: 4 1 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff WELLS FARGO BANK, NA Court of Common Pleas rn? - Plaintiff =M M =;?v -0 Civil Division cf)r N vs CUMBERLAND County J>n PHILIP J. HELMS vc Q Defendant .-, No. 09-1585-CIVIL co PRAECIPE TO THE PROTHONOTARY: e rte, --- r=j A e = -.. 66 Q C) X Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. Please mark the in rem judgment Satisfied and the action Discontinued and Ended. Date: By: HALLIN ,LLP PHS# 199254 Lawr -E<tielan, Esq., Id. No. 2227 Franc s S. Hallinan, Esq., Id. No. 2695 Dam 1 . Schmieg, Esq., Id. No. 2205 Mich 1 M. Bradford, Esq., Id. No. 69849 Judith . Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 860 Jenine R. Davey, Esq., Id. No. 8707 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 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, NA Plaintiff vs PHILIP J. HELMS Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 09-1585-CIVIL CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff's Praecipe was served by regular mail to the person(s) on the date listed below: PHILIP J. HELMS 2179 YALE AVENUE CAMP HILL, PA 17011-5452 G Date: By: Law nce T'rPhelan,'Esq., Id. No/32227 Fra is S. Hallinan, Esq., Id. No 62695 D I G. Schmieg, Esq., Id. No. 62205 Mi le M. Bradford, Esq., Id. No. 69849 Ju T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 8176 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 Chrisovalante P. Fliakos, Esq.. Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Attorney for Plaintiff