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Home My WebLink About04-2882FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 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, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plah~tiff STEPHEN R. ST. ONGE 630 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 AGENC1ES 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 (800)990-9108 File#: 94427 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAlL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 94427 Plaintiffis WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 The name(s) and last known address(es) of the Defendant(s) are: STEPHEN R. ST. ONGE 630 CEDAR RIDGE I_,ANE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereit~after described. On 07/13/2001 mortgagor(s) made, execmed and delivered a mortgage upon the premises her(~nafler described to EQUITY ONE, 1NC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1727, Page 4964. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. Thc premises subject to said mortgage is described as attached. The mortgage Js in default because monthly payments of principal and interest upon said mortgage due 11/01/2003 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments al:tm' a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 94427 The following amounts are due on the mortgage: Principal Balance Interest I 0/01/2003 tlxrough 06/21/2004 (Per Diem $15.69) Attorney's Fees Cumulative Late Charges 07/13/2001 to 06/21/2004 Cost of Suit and Title Search Subtotal $85,269.97 4,157.85 1,225,00 195.93 $ 550.00 $ 91,398.75 Escrow Credit 0.00 Deficit 603.08 Subtotal $~ 603.08 TOTAL $ 92,001.83 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at SherifFs Sale. lfthe Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of kntention 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 author/zed consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 92,001.83, together with interest from 06/21/2004 at the rate of $15.69 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. By: /'s/Francis S. Hm inan FRANK FEDERMAN, ESQUIRE EAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File#: 94427 To~h¥of Upp~rAll~n intln:Ctnmtyof Curab~dand aMCortm~o~t',,veahh ofp~nu~ania. ~ more partlc~dady d~crlbed a~ follow~: ttEGIN3fI~Y at tlte point ~f lnt~r~ectlon o/tire toull~erly right ~y lin~ of C~ Ridgs l~ne, North 37 d~ ~t~ BEING Lot F-I on che FInal.~bdi~lott Platt for C~d~r Ridge ~ol~t~ot~ l~ed ~ ~m ~ Orlllterg ~ ~d Mop. nE ~lc~ ~ ~ ~ Jam~ 1~. 1978, ~ i~ ('~m~a~ ~n~ R~er af ~ O~ t~ Pl~ 8~ ~2. Pag~ 73. P~SES BEING: 630 C~ ~E ~. VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiffis 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 he is 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 Plainfiffand are true and correct to the best of its knowledge, information and belief. Furthern~ore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to un,sworn falsifications to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: SHERIFF' S RETURN - CASE NO: 2004-02882 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS ST ONGE STEPHEN R REGULAR DAVID MCKIATNEY , Cumberland County, Pennsylvania, says, the within COMPLAINT ~ MORT FORE ST ONGE STEPHEN R DEFENDANT , at 1505:00 HOURS, at 630 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 STEPHEN ST ONGE a true and attested copy of COMPLAINT - MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 12th day of July by handing to the 2004 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.14 Affidavit .00 Surcharge 10.00 .00 36.14 Sworn and Subscribed to before me this /~'~ day of ~ ~2~ A.D. So Answers: R. Thomas Kline 07113/2004 FEDERMAN & PHELAN By: FEDEILMAN AND pHELAN, LLP By: Frank Federman, Esquire LD. No. 12248 Lawrence T. phelan, Esquire I.D. No. 32227 Francis S. I4allinan, Esquire I.D. No. 62695 One penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 ~ Attorney for plaintiff WELLS FARGO BANK, N.A. Plaintiff VS. STEPHEN R. ST. oNGE Defendant{s) Court of Common Pleas CUMBERLAND County No. 04-2882 CIVIL THE pROTHONOTARY: TO complaint filed in the instant mat~ter' without preiudice' and mark Kindly withdraw the upon payment of your costs only. this case discontinued and ended, Frank. Federm . Lawrence T. phelan, Esqmre Francis S. Hallinan, Esquire Attorneys for Plaintiff