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Home My WebLink About10-5509Phelan 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 247340 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. BENJAMIN D. HILLARD HEATHER R. DEPPEN 424 LAFAYETTE STREET ENOLA, PA 17025-2228 Defendants File #: 247340 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISIO14 TERM NO. io --S501 a-ty-'I-Teep CUMBERLAND COUNTY CD 00.00 PAPrI ?? qqq $lq Ay718T 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 Cmn laint and Notice are served by entering a written appearance personally or by attorney and fili g in writing with the Court your defenses or objections to the claims set forth against you. YoT 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 orl 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 NCO 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 #: 247340 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: BENJAMIN D. HILLARD HEATHER R. DEPPEN 424 LAFAYETTE STREET ENOLA, PA 17025-2228 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/13/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATI6N SYSTEMS, INCORPORATED AS A NOMINEE FOR UNIVERSAL SAVINGS BANK, F.A., A FEDERAL SAVINGS BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1947, Page 1348. ! The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalising 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 mortgage due 04/01/2010 and each month thereafter are due and unpaid, of said mortgage, upon failure of mortgagor to make such payments aft by written notice sent to Mortgagor, the entire principal balance and all i thereon are collectible forthwith. upon said and by the terms a date specified due File # 247340 6. 7. 8 9 The following amounts are due on the mortgage: Principal Balance $108,12.03 Interest $3,24 .66 03/01/2010 through 08/06/2010 (Per Diem $18.0202) Attorney's Fees $65(.00 Late Charges through 08/06/2010 $15&85 Property Inspections/Property Preservations $10f.00 Mortgage Insurance Premium / $8 .96 Private Mortgage Insurance Costs of Suit and Title Search Subtotal $112,91(.50 Escrow Credit TOTAL $112,536 81 Plaintiff is nat seeking a judgment of personal liability (or an in judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its ?ight 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, t is Action of Mortgage Foreclosure is in no way an attempt to reestablish such pers?nal 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 amend?d 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 enied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 91 of 1983 because the mortgage ?s FHA-insured. File #: 247340 WHEREFORE, Plaintiff demands an in rem judgment against the Defendants) in the sum of $112,536.81, together with interest from 08/06/2010 at the rate of $18.0202 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 HVAN & SCHMIEG? LLP By: / / < J ? Lawrence T. Phelan, Esq., Id. No. ? 2227 ? Francis S. Hallinan, Esq., Id. No. 2695 ? Daniel G. Schmieg, Esq., Id. No. 6 205 ? Michele M. Bradford, Esq., Id. Noa 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Shee 1 R. Shah-Jani, Esq., Id. No. 81760 ? Je ' e R. Davey, Esq., Id. No. 87077 auren R. Tabas, Esq., Id. No. 933 7 Vivek Srivastava, Esq., Id. No. 20 ,331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61701 ? Andrew L. Spivack, Esq., Id. No. 844439 ? Jaime McGuinness, Esq., Id. No. 9134 ? 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.l 208375 Attorneys for Plaintiff File #: 247340 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northerly sideline of Lafayette Street, a 50 foO right-of-way, at the dividing line between Lot No. 1 and Lot No. 2 North eleven degrees zero minutes zero seconds West, a distance of one hundred fifty (150) feet to a point on the southerly sideline of unnamed twenty (20) foot right-of-way; thence by said right-of-way South se?enty-nine degrees zero seconds West, a distance of thirty-five and fifty one-hundredths (35.50) feet to a point; thence by lands now or formerly of Sullenberger, South eleven degrees zero minutes zero seconds East, a distance of one hundred fifty (150) feet to a point on the northerly sideline of Lafayette Street; thence by Lafayette Street, North seventy-nine degrees zero minutes zero seconds East, a distance of thirty-five and fifty one-hundredths (35.50) feet to point, the place of BEGINNING. HAVING thereon erected a two-story townhouse, known as 424 Lafayette Street. BEING Lot No. 1 on the Final Subdivision Plan of 8 lots for George Sullenberger, dated July 21, 1978, and recorded in Cumberland County Plan Book 53, Page 150. CONTAINING 0.1222 acres, more or less. UNDER AND SUBJECT, NEVERTHELESS, to all easements, restriction; other matters of record or that which a physical inspection or survey of the File #: 247340 and reveal. TAX MAP NUMBER: 09-14-0834-266 BEING the same premises which, SCOTT R. ATTIVO and BRANDI L. TO BIAS now by marriage known as BRANDI L. ATTIVO, HUSBAND AND WIFE by Indenture bearing date March 26, 2003 and recorded April 17, 2003 in the Office of the Recorder of Deeds, in and for the County of CUMBERLAND Deed Book No. 256, page 3003 etc., granted ? d conveyed unto SCOTT R. ATTIVO and BRANDI L. ATTIVO, HUSBAND AND WIFE, in ?ee. PROPERTY ADDRESS: 424 LAFAYETTE STREET, ENOLA, PA 1705-2228 PARCEL # 09-14-0834-266 File #: 247340 The undersigned attorney hereby states that I am the attorney for the Plaim Plaintiff is outside the jurisdiction of the Court and/or the verification could not be time allowed for the filing of the pleading, that I am authorized to make this verific Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in h are based upon information supplied by Plaintiff and are true and correct to the bes information and belief. Furthermore, counsel intends to substitute a verification in this matter, that ined within the pursuant to Foreclosure of my knowledge, n Plaintiff upon receipt. The undersigned understands that this statement is made subject to the pena?ties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. DATE: File N: 247340 SHERIFF'S OFFICE OF CUMBERLAND COUNTY . Ronny R Anderson Sheriff 441??LN Of 1.Itlltfj?t???d r ? Jody S Smith Chief Deputy y Richard W Stewart cul Solicitor pLL 'l,' `JYbANA Wells Fargo Bank, NA Case Number vs. Benjamin D. Hillard (et al.) 2010-5509 SHERIFF'S RETURN OF SERVICE 09/03/2010 06:30 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on September 3, 2010 at 1830 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Benjamin D. Hillard, by making known unto himself personally, at 424 Lafayette Street, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. TEPHEN BENDER, DEPUTY 09/03/2010 06:30 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on September 3, 2010 at 1830 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Heather R. Deppen, by making known unto Benjamin D. Hillard, Husband of defendant at 424 Lafayette Street, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $57.50 September 07, 2010 STEPHEN ENDER, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF tc? Cou!ITYSUte lhe!iff. Te;aOS'.;ft. "IC. Phelan Hallinan & 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 BENJAMIN D. HILLARD HEATHER R. DEPPEN Defendant Court of Common Pleas Civil Division ,-, CUMBERLAND County -c, - rn F No.10-5509-CIVIL-TER t PRAECIPE :6- a ;= I-, TO THE PROTHONOTARY: N_ c a Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: HALLINAN & SCHMIEG, LLP By;E AN kqvuj?? 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 Allison F. Wells, Esq., Id. No. 309519 PHS# 247340 Attorneys for Plaintiff