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Home My WebLink About10-3287Supreme Court of Pennsylvania Court'of Common Pleas Civil Cover Sheet ('iIMRF,RI.ANn County For Prothonotary Use Only: Docket No: to - aa8~ iv~l tern The information collt~ rc:cl utt this form is used solely for court administration purposes. This form does not su lement or re lace the tlin and service o leadirr s or other a ers as re uired b law or rules o court. A Commencement of Action: ~ Complaint ^ Writ of Summons ^ Petition ^ Notice of Appeal ^ Transfer from Another Jurisdiction ^ Declaration of Takin Lead Plaintiffls Name: WELLS FARGO BANK, N.A. Lead Defendant's Name: JOSHUA M. HAMMAN ^ Check here it' you are aSelf-Represented (Pro Se) Litigant Name of Plaintiff/A ellant's Attorne Are money damages requested? : ^ Yes ^D No Dollar Amount Requested: within arbitration limits (Check one) outside arbitration limits is this a Class Action Suit? ^ Yes ~ No 1V3 rr of the (',ase: Place an "X" to the left'of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. B TORT (do not include Mass Tort) ^ Intentional ^ Malicious Prosecution ^ Motor Vehicle ^ Nuisance ^ Premises Liability ^ Product Liability (does not include mass tort) ^ Slander/Libel/ Defamation ^ Other: MASS TORT ^ Asbestos ^ Tobacco ^ Toxic Tort -DES ^ Toxic Tort -Implant ^ Toxic Waste ^ Other: PROFESSIONAL LIABLITY ^ Dental ^ Legal ^ Medical ^ Other Professional: Pa.R.C.P. 205.5 CONTRACT (do not include Judgments) ^ Buyer Plaintiff ^ Debt Collection: Credit Card ^ Debt Collection: Other ^ Employment Dispute: Discrimination ^ Employment Dispute: Other ^ Other: REAL PROPERTY ^ Ejectment ^ Eminent Domain/Condemnation ^ Ground Rent ^ Landlord/Tenant Dispute ~ Mortgage Foreclosure ^ Partition ^ Quiet Title ^ Other: CIVIL APPEALS Administrative Agencies ^ Board of Assessment ^ Board of Elections ^ Dept. of Transportation ^ Zoning Board ^ Statutory Appeal: Other Judicial Appeals ^ MDJ - Landlord/Tenant ^ MDJ -Money Judgment ^ Other: MISCELLANEOUS ^ Common Law/Statutory Arbitration ^ Declaratory Judgment ^ Mandamus ^ Non-Domestic Relations Restraining Order ^ Quo Warranto ^ Replevin ^ Other: 5/201 I ILt-~~ { ~ 1 ,~f i 2aja ~,~ ~ i ~ ~ ~~ ?~ ~~ 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 vVivek 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 238981 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff .,~, YC1 viva. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION v. JOSHUA M. HAMMAN AJA M. BELL 15 COURT LANE CARLISLE, PA 17013-1397 Defendants File #: 238981 TERM No. io - 3asq ~iv~ i `Term CUMBERLAND COUNTY ~gro.gs~s ~ ATri/ C~ ~~ ay~a~~ 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 eriered 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 #: 238981 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: JOSHUA M. HAMMAN AJA M. BELL 15 COURT LANE CARLISLE, PA 17013-1397 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/22/2008 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR SUSQUEHANNA BANK, PA, A CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200829304. 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 O 1 /01 /2010 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 #: 238981 6 The following amounts are due on the mortgage: Principal Balance $116,720.35 Interest $3,939.30 12/01/2009 through 05/04/2010 (Per Diem $21.8851) Attorney's Fees $650.00 Cumulative Late Charges $159.48 08/22/2008 to 05/04/2010 Property Inspections/Property Preservations $30.00 Mortgage Insurance Premium / $143.76 Private Mortgage Insurance Costs of Suit and Title Search , 55~_~~ Subtotal $122,192.89 Escrow Credit ~~ 1 R TOTAL $122,005.37 7 Plaintiff is not seeking a judgment of personal liability (or an in ner,nna.m 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 #: 238981 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, Plaintiff demands an in rim judgment against the Defendant(s) in the sum of $122,005.37, together with interest from 05/04/2010 at the rate of $21.8851 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 LINA & SCHMIEG, LLP By: ^ Lawrenc helan, 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 ^ She al R. Shah-Jani, Esq., Id. No. 81760 ^ J ine 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 I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 238981 LEGAL DESCRIPTION ALL THAT CERTAIN Unit in the property known, named and identified in the Declaration referred to below as 'The Courtyards of Carlisle, A Condominium Community', located in the Borough of Carlisle, County of Cumberland and Commonwealth of Pennsylvania which has heretofore been submitted to the provisions of the Pennsylvania Uniform Condominium Act, 68 Pa. C.S.A. Section 3101, et seq., by the recording in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, of a Declaration dated February 26, 1999, and recorded April 22, 1999, in Miscellaneous Book 610, page 678, together with all amendments and supplements thereto recorded on or before the date hereof and designated as Unit No. 55 as more fully described in such Declaration, together with the proportionate undivided interest in the Common Elements as defined in such Declaration. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights of way, easements and agreements of record including, but not limited to, those contained in the Declaration and Declaration Plan. PARCEL N0.06-18-1371-002.-U55 PREMISES: 15 COURT LANE, CARLISLE, PA 17013-1397 File #: 238981 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 authoritiE DATE: ~~ (~ File #: 238981 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Attorney For Plaint' C-2 One Penn Center Plaza ico _ Z `q' m ? Philadelphia, PA 19103 ? r Y- ,. 215-563-7000 ? rn WELLS FARGO BANK, N.A. Plaintiff vs JOSHUA M. HAMMAN AJA M. BELL Defendant Court of Common Plea 3 Civil Division' Yew cn CUMBERLAND County No. 10-3287-CIVIL-TERM TO THE PROTHONOTARY: Please mark the above referenced case settled, discontinued and ended. Date: 1 f ' 1/10 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 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 Allison F. Wells, Esq., Id. No. 309519 PHS# 238981 Attorneys for Plaintiff