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Home My WebLink About10-1589FILED-0riC'F ')F THILE OT?rrin,?TARY c PFf, 2010 MAR -8 PM 1: 07 CUMF ,- uNTl' Fca .;;v i``L': ti ;iA 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 232123 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 V. Plaintiff ANTHONY M. FERRETTI 908 16TH STREET NEW CUMBERLAND, PA 17070-1518 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 10 - 1j evil li°.rrn CUMBERLAND COUNTY *4A. C>0 po AIIN e?.w 9a0to30 ?? a3g5?3 File #: 232123 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 #: 232123 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: ANTHONY M. FERRETTI 908 16TH STREET NEW CUMBERLAND, PA 17070-1518 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/27/2009 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR FULTON BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200909831. 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. 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 #: 232123 4 6 The following amounts are due on the mortgage: Principal Balance $161,029.53 Interest $4,160.82 09/01/2009 through 03/05/2010 (Per Diem $22.37) Attorney's Fees $650.00 Cumulative Late Charges $249.20 03/27/2009 to 03/05/2010 Property Inspections $31.25 Mortgage Insurance Premium / $144.98 Private Mortgage Insurance Costs of Suit and Title Search &S-50-00 Subtotal $166,815.78 Escrow Credit ($162.38) Deficit $0.00 Subtotal ($1613R) TOTAL $166,653.40 7 8. Plaintiff is nat seeking a judgment of personal liability (or an in nerdm 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 #: 232123 9. 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 $166,653.40, together with interest from 03/05/2010 at the rate of $22.37 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. By: PHELAN HALLINAN & SCHMIEG, LLP U ence T. Phelan, Esq., Id. No. 32227 ? r cis S. Hallinan, Esq., Id. No. 62695 ? a'el G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? J dith T. Romano, Esq., Id. No. 58745 heetal 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 #: 232123 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land, with improvements thereon found, situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennslyvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern line of Sixteenth Street on the dividing line between Lots No. 15 and 16 on the hereinafter mentioned plan of lots; thence in a southerly direction along said dividing line 250 feet to a twenty (20) foot alley; thence in an easterly direction bythe line of said alley 45 feet to a point; thence in a northerly direction along a line parallel with said dividing line between Lots No. 15 and 16 250 feet to Sixteenth Street; thence in a westerly direction along the southern line of Sixteenth Street 45 feet to the point or place of BEGINNING. PARCEL NO. 26-24-0809-004 PREMISES: 908 16TH STREET, NEW CUMBERLAND, PA 17070-1518 File #: 232123 ,4 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 5 10 File #: 232123 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff L1 ??ttittr o{rrrrrLr?f r n' PY Jody S Smith' Chief Deputy Q`t 16 Pry 2: 2 1 Edward L Schorpp Solicitor Wells Fargo Bank, NA vs. Case Number Anthony M. Ferretti 2010-1589 SHERIFF'S RETURN OF SERVICE 03/11/2010 05:03 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on March 11, 2010 at 1659 hours, he served a true copy of the within Complaint in Mortgage closure, upon the within named defendant, to wit: Anthony M. Ferretti, by making known un himse e -Tonally, at 90816th Street, New Cumberland, Cumberland County, Pennsylvania 17070 its tents td a the same time handing to him personally the said true and correct copy of the same. t I SH HARR ,DEPUTY SHERIFF COST: $43.30 March 12, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF _c COWITySuite Sheriff , Ieieosoft. Inc. OF CUM David 1D. Buell p Renee X Simpson •Prothonotary o « Z Pt Deputy Prothonotary u `o J+ � o 7CirkS. Sohonage, ESQ _` .c v. Via,-f Irene E. Morrow Solicitor 1750 2nd Deputy(Prothonotary Office of the Prothonotary Cumberland County, Pennsylvania 10 — Ai 9 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE—THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, PA 17013 • (717)240-6195 • Fa.�(717)240-6573