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HomeMy WebLinkAbout09-6445Phelan 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 vJenine 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 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 216881 WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. STEVEN A. BREWER 4609 HAMPDEN AVENUE CAMP HILL, PA 17011-4034 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 09 -1oygS aivil7a m CUMBERLAND COUNTY File #: 216881 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 #: 216881 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: STEVEN A. BREWER 4609 HAMPDEN AVENUE CAMP HILL, PA 17011-4034 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/19/1997 STEVEN A. & SUSAN C. BREWER made, executed and delivered a mortgage upon the premises hereinafter described to ACCUBANC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1390, Page 323. By Assignment of Mortgage recorded 02/23/1999 the mortgage was assigned to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., which Assignment is recorded in Assignment of Mortgage Book No. 604, Page 532. 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. File #: 216881 5. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2009 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. The following amounts are due on the mortgage: Principal Balance $15,210.52 Interest $486.18 05/01/2009 through 09/23/2009 (Per Diem $3.33) Attorney's Fees $1,300.00 Cumulative Late Charges $107.52 06/19/1997 to 09/23/2009 Property Inspections $30.00 Cost of Suit and Title Search 50 00 Subtotal $17,884.22 Escrow Credit $0.00 Deficit $216.26 Subtotal 5216-26 TOTAL $18,100.48 7. 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 Sheriff s Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File #: 216881 8. Plaintiff is not seeking a judgment of personal liability (or an in person am 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. 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. Plaintiff hereby releases SUSAN C. BREWER, from liability for the debt secured by the mortgage. 11. By virtue of the death of SUSAN C. BREWER, on 11/13/2006, Defendant became the sole owner of the mortgaged premises as surviving tentant by the entireties. File #: 216881 WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $18,100.48, together with interest from 09/23/2009 at the rate of $3.33 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: n ? a ence T. Phelan, Es j, Id. No. 32227 El cis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 El Judith T. Romano, Esq., Id. No. 58745 PAleetal R. Shah-Jani, Esq., Id. No. 81760 Jenne 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 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 216881 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Hampden (off the Clearview Farms), Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern line of Hampden Avenue said point being located and referenced eastwardly a distance of 374.60 feet from the northeast corner of Hampden Avenue and Chestnut Avenue; thence north 7 degrees 22 minutes west, a distance of 94.53 feet to a point; thence north 65 degrees 11 minutes east, a distance of 53.65 feet to a point; thence south 21 degrees 10 minutes east through Lot 188, a distance of 104.79 feet to a point on the northern line of Hampden Avenue; thence along the northern line of Hampden Avenue along an arc of a curve, curving to the right, having a radius of 357.58 feet, a distance of 76.64 feet to a point, the place of BEGINNING. HAVING thereon erected a single brick and aluminum split level dwelling with built-in garage, said premises being known and numbered as 4609 Hampden Avenue, Camp Hill, Pennsylvania. BEING the greater part of Lot No. 188, Clearview Farms on General Plan of Section 2 and Section 3 recorded in the Recorder's Office in and for the County of Cumberland in Plan Book 9, Page 6. BEING the same as surveyed by William B. Whittock, Professional Engineer, dated April 25, 1962. File #: 216881 BEING the same premises which Charles W. Fitzwater and Theodora S. Fitzwater, his wife, by deed dated June 1, 1972 granted and conveyed unto Raymond E. Miller and Carolyn D. Miller, two of the grantors herein. The said Raymond E. Miller and Carolyn D. Miller were divorced and Raymond E. Miller subsequently married Connie J. Miller, the other grantor herein. Said deed from Fitzwater to Miller was recorded in Cumberland County Recorders Office in Deed Book 'Q', Volume 24, Page 562. PARCEL NO. 10-21-0279-1.92 PROPERTY BEING: 4609 HAMPDEN AVENUE File #: 216881 The undersigned attorney 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: 0 D I A y for Plaintiff File #: 216881 0 FILE- , T T' 'I 9c1 -1 P 2' 13 I' lo: 2 f , $18.50 PO ATty ?,? 855 831 t C) Sheriffs Office of Cumberland County R Thomas Kline Sheriff OFFICE .c - cp;F4 FILED-OFFI(:E OF THE PRDTNMTARY Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor 1004 OCT -5 AM ! I : 03 GW ;: 3 .?.N 'tiu Uiutm PENNSYLVANIA Wells Fargo Bank, N.A., i vs. Steven A. Brewer Case Number 2009-6445 SHERIFF'S RETURN OF SERVICE 10/01/2009 08:04 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 1, 2009 at 2004 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Steven A. Brewer, by making known unto himself personally, at 4609 Hampden 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: $41.50 October 02, 2009 SO ANSWERS, rooolalogr"? R THOMAS KLINE, SHERIFF By Deputy Sheriff 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 Jaime McGuinness, Esq., Id. No. 90134 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, NA Plaintiff VS. ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-6445-CIVIL-TERM STEVEN A. BREWER CUMBERLAND COUNTY Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 216881 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan HaWhin USCrfniea, LLP By: ? Lawren Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele . Bradford, Esq., Id. No. 69849 ? Judit . Romano, Esq., Id. No. 58745 ? Sh tal R. Shah-Jani, Esq., Id. No. 81760 ? J 'ne R. Davey, Esq., Id. No. 87077 auren 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 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Date: 10-16-09 PHS #: 216881 VERIFICATION China Brown hereby states that he/she is Vice President Loan Documentation of WELLS FARGO HOME MORTGAGE, INC., servicing agent for Plaintiff 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.S. Sec. 4904 relating to unswom falsification to authorities. Name: ma Town DATE: 09/24/09 Title: Vice President Loan Documentation Company: WELLS FARGO HOME MORTGAGE, INC. File #: 216881 Brewer 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 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, NA Plaintiff VS. STEVEN A. BREWER Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-6445-CIVIL-TERM : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true 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: PHS #: 216881 STEVEN A. BREWER 4609 HAMPDEN AVENUE CAMP HILL, PA 17011-4034 Phelan Idllidad&Schmies. LLP By: w 1/ ? Lawren a Phelan, Esq., Id. No. 32227 ? Francis . Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judi T. Romano, Esq., Id. No. 58745 ? S etal R. Shah-Jani, Esq., Id. No. 81760 ? nine 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 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Date: 10-16-09 PHS #: 216881 F!' !_. 200 C', f 191 F, -1 3: 02 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 rj Co C/) Plaintiff --° 0 YJt Civil Division - vs c CUMBERLAND County STEVEN A. BREWER AQ: -;- Defendant No. 09-6445-CIVIL-TERM -1 TO THE PROTHONOTARY: PRAECIPE r.?s -F y p1 C j Please mark the judgment(s) satisfied and the action settled, discontinued and ended. Date: September 23, 2010 PHELAN & SCHMIEG, LLP r^' B Lawrenc helan, Esq., Id. No. 32227 Fran ' Hallinan, Esq., Id. No. 62695 D iel G. Schmieg, Esq., Id. No. 62205 ichele 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., 1d. 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 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 PFIS# 216881 Attorneys for Plaintiff