The URL can be used to link to this page

Home My WebLink About10-4806 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 242547 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. ROBERT E. COLLINS LORI L. COLLINS 14 AMHERST DRIVE CAMP HILL, PA 17011-7703 Defendants ALCM : :';`:. T? ^ ,. Pv 2010JUL 21 r;, 13 Guys! NTY ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 10 - ?(o (1V i L te-W CUMBERLAND COUNTY G) 44x.00 Pa ATE ?* gr3o+?(0 , jg6s99 File #: 242547 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 #: 242547 0 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: ROBERT E. COLLINS LORI L. COLLINS 14 AMHERST DRIVE CAMP HILL, PA 17011-7703 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/22/2004 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. 5781, Page 421. By Assignment of Mortgage recorded 08/11/2009 the mortgage was assigned to WACHOVIA MORTGAGE CORPORATION which Assignment is recorded in Assignment of Mortgage Instrument No. 200928260. 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 03/01/2010 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 File #: 242547 . 6 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 $47,119.06 Interest $926.26 02/01/2010 through 06/16/2010 - (Per Diem $6.78) Attorney's Fees $650.00 Cumulative Late Charges $118.00 11/22/2004 to 06/16/2010 Property Inspections/Property Preservations $79.05 Costs of Suit and Title Search %-5-50-00 Subtotal $49,442.37 Escrow Credit ($504-59) TOTAL $48,937.78 7. 8 Plaintiff is = seeking a judgment of personal liability (or an in personam 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 File #: 242547 or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $48,937.78, together with interest from 06/16/2010 at the rate of $6.78 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 C?D? M By: 3? 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 Attorneys for Plaintiff File #: 242547 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING AT A POINT ON THE WESTERN SIDE OF Amherst Drive, which point, measured along the western side of Amherst Drive, is 483.64 feet north of the northwest corner of Amherst Drive and Cedar Cliff Drive and which point is also at the northern line of Lot No. 7, Plan No. B-3, Cedar Cliff Manor, hereinafter referred to: thence along the northern line of Lot No. 7, Plan No. B-3, Cedar Cliff Manor, hereinafter referred to, North 84 degrees I 1 minutes West 112.72 feet to a point at the eastern line of Lot No. 175 on part of Plan No. 2, Cedar Cliff Manor, as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 7, Page 13; thence along the eastern lines of Lots Nos. 175 and 176 on part of Plan No. 2, Cedar Cliff Manor, aforesaid, North 5 degrees 49 minutes East 80 feet to a point at the southern line of Lot No. 9, on Plan No. B-3, Cedar Cliff Manor, hereinafter referred to; thence along the southern line of Lot No. 9 on Plan No. B-3, Cedar Cliff Manor, aforesaid, South 84 degrees 11 minutes East 112.72 feet to a point at the western side of Amherst Drive; thence along the western side of Amherst Drive South 5 degrees 49 minutes West 80 feet to a point, the place of BEGINNING. BEING Lot No. 8 on Plan No. B-3, Cedar Cliff Manor, which Plan was approved by the Lower Allen Township Planning Commission on January 4, 1958, and by the Lower Allen Township Board of Commissioners on January 6, 1958 and which Plan was recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania on May 6, 1958, in Plan Book 9, Page 36. PROPERTY ADDRESS: 14 AMHERST DRIVE, CAMP HILL, PA 17011 PARCEL NO.: 13-24-0807-043 File #: 242547 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: 1 ( q-10 C Attorney r Plaintiff File #: 242547 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson ri_I' Sheriff ~$~t,~p of ~e+~bP~.,~7~ - ~' - ,° r °; Jody S Smith ,, Chief De ut ~ ~` ~ ~ ' ° Richard WStewart - ~ ~ 0 ~~ ~ ~ ~'< ~' ZY Solicitor DICE ~~ T~~ ~..~s(rF v~i~ :_ - '~,` ~x~ t -. ; ~ , . Wells Fargo Bank, NA Case Number vs. 2010-4806 Robert E. Collins (et al.) SHERIFF'S RETURN OF SERVICE 07/22/2010 05:15 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on July 22, 2010 at 1715 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Lori L. Collins, by making known unto herself personally, at 14 Amhe Drive, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the sam tim an ' to her personally the said true and correct copy of the same. RK C KLIN, DEPUTY 07/23/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Lori L. Collins, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Lori L. Collins. Request for service at 183 Woods Drive, Mechanicsburg, PA 17050 Lori L. Collins was not found. Lori L. Collins currently resides at 14 Amherst Drive, Camp Hill, PA 17011. 08/10/2010 03:05 PM -Valerie Weary, Deputy Sheriff, who being duly swom according to law, states that on August 10, 2010 at 1505 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Robert E. Collins, by making known unto Ronald Collins, Brother of defendant at 183 Woods Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct Eo y o the same. t'°~ VALERIE WEARY, DEPUTY 08/11/2010 Ronny R. Anderson, Sheriff, who being duly swom according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Robert E. Collins, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Robert E. Collins. Request for service at 14 Amherst Drive, Camp Hill, PA 17011 the defendarrf was not found. Robert E. Collins is currently residing at 183 Woods Drive, Mechanicsburg, PA 17050. SHERIFF COST: $108.50 August 11, 2010 SO ANSWERS, ,T, ~..~ RON R ANDERSON, SHERIFF (c) CountySuite Shentf, Teleosoft, Inc. °f cUM David 1D. Buell ti VI, e p Renee X Simpson Prothonotary q 41K�4- ;`�/ 1St Deputy Prothonotary`a �'` ° Soil onage ESQ .' . it Irene E. �l/torrow Solicitor 1750 211d Deputy Prothonotary Office of the Prothonotary Cumberland County, 'Pennsylvania �d '7 gao 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 • Fax(717)240-6573