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Home My WebLink About10-0847Phelan 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 228286 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. KENNY M. KASSIRER A/K/A KENNETH M. KASSIRER 1240 PINE ROAD CARLISLE, PA 17015-9319 Defendant r T "- ~n 20U H8 -2 lip ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 10 - SLI 7 Gi-??, CUMBERLAND COUNTY Q9 11912.04 c? 9ayiv3 File #: 228286 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 228286 1. Plaintiff is WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: KENNY M. KASSIRER A/K/A KENNETH M. KASSIRER 1240 PINE ROAD CARLISLE, PA 17015-9319 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/17/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR WACHOVIA MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1891, Page 2460. 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 10/01/2009 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. File #: 228286 6. The following amounts are due on the mortgage: Principal Balance $59,102.57 Interest $1,621.62 09/01/2009 through 02/01/2010 (Per Diem $10.53) Attorney's Fees $650.00 Cumulative Late Charges $457.86 11/17/2004 to 02/01/2010 Property Inspections $84.50 Non Sufficient Funds Charge $60.00 Costs of Suit and Title Search s550m Subtotal $62,526.55 Escrow Credit ($22.52) Deficit $0.00 Subtotal ($22-59) TOTAL $62,504.03 7. 8. Plaintiff is nat 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. 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. File #: 228286 9. Plaintiff hereby releases JESSICA M. FINKEY from liability for the debt secured by the mortgage. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $62,504.03, together with interest from 02/01/2010 at the rate of $10.53 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: ? ? 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 El Chrisovalante P. Fliakos, Esq., Id. No. 94620 El Joshua I. Goldman, Esq., Id. No. 205047 ourtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 228286 LEGAL DESCRIPTION All that certain lot of ground with the improvements thereon erected located on the South side of the Pine Road, in Dickinson Township, Cumberland County, Pennsylvania, approximately 300 feet East of the intersection of Pine Road and Township Road No. 462 and more particularly bounded and described as follows: BEGINNING at a point on the South side of Pine Road, which point is in the Western line of a larger tract of land now or formerly of Ira P. Naugle, of which the tract herein conveyed was formerly a part; thence Eastwardly along the South side of Pine Road, 50 feet to a point; thence Southwardly at right angles to said Pine Road, 75 feet to a point; thence Westwardly by a line parallel to the Southern line of Pine Road, fifty feet; thence Northwardly by a line perpendicular to the Pine Road, 75 feet to the Place of BEGINNING. BEING the same premises which Deborah A. Roach, f/k/a Deeborah A. Bucher, by her deed dated November 17, 2004, and to be recorded herewith, granted and conveyed unto Kenneth M. Kassirer and Jessica M. Finkey, Mortgagors herein. PROPERTY BEING; 1240 PINE ROAD PARCEL# 08-12-0334-034 File #: 228286 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: a Zoeyy for Plaintiff File #: 228286 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor iLr1 2010 FEB 16 AM 61 CUM'-' y Wells Fargo Financial Pennsylvania Inc vs. Kenneth M. Kassirer Case Number 2010-847 SHERIFF'S RETURN OF SERVICE 02/04/2010 07:30 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on February 4, 2010 at 1930 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Kenneth M. Kassirer, by making known unto himself personally, at 1240 Pine Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $33.40 February 08, 2010 SO ANSWERS, FNFR ANDERSON, SHERIFF By p y he iff Phelan Hallman &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff WELLS FARGO BANK, N.A. Plaintiff vs KENNY M. KASSIRER A/K/A KENNETH M. KASSIRER Defendant Court of Common Pleas Civil Division ~.~ ..,A CUMBERLAND County ~~ ~ -~_~ No. 10-847 CIVIL TERM ~-- c:~ W.; ~ --t ~~ f~~ :~ u , -~-: c~ ~~_ ~~ --~ ~` ~~ mm~; ~~ PRAECIPE ~~ ~' c~ T'O THE PROTHONOTARY: '~ - • ....; ~~ ~~ Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: September, 2010 PHELAN HALLIN Br~SCHMIEG, LLP By: Lawrence T. Phelan, sq., Id. No. 32227 Francis S. Hallman, 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 ~(ieetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., ld. No. 93337 Vivek Srivastava, Esq., ld. No. 2(12331 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. Brambiett, Esq., Id. No. 208375 PHS# 228286 Attorneys for Plaintiff