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HomeMy WebLinkAbout10-6497Phelan Hallinan & Schmieg, LLP Lawrence T. Aelan, 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 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. MATTHEW D. GLENNON MELANIE B. GLENNON STEVE M. KRAFT A/KA/ STEVEN M. KRAFT HELENE F. KRAFT 826 BUCKNELL AVENUE JOHNSTOWN, PA 15905-2212 Defendants FILED-OFFICE C-F T14E PROTHONOTARY 1010 OCT 13 Aft I I : C1 3 CUMBERLAND COUNTY ID ENNSYLVANil A ATTORNEY FOR PLAINTIFF 251116 COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. R)-U 1_tl CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 251116 n?? W" _k ?pl?f g ? 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 BEABLE 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 #: 251116 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: MATTHEW D. GLENNON MELANIE B. GLENNON STEVE M. KRAFT A/KA/ STEVEN M. KRAFT HELENE F. KRAFT 826 BUCKNELL AVENUE JOHNSTOWN, PA 15905-2212 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/22/2007 MATTHEW D. GLENNON, MELANIE B. GLENNON, STEVE M. KRAFT A/KA/ STEVEN M. KRAFT, and HELENE F. KRAFT made, executed and delivered a mortgage upon the premises hereinafter described to INTERGRITY HOME FUNDING, LLC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1986, Page 2504. 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 06/01/2010 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 #: 251116 by written notice sent to Mortgagor, the entire principal balance and all interest due 6 thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $250,414.35 Interest $5,758.69 05/01/2010 through 09/11/2010 (Per Diem $43.74) Attorney's Fees $650.00 Late Charges through 09/11/2010 $243.54 Property Inspections/Property Preservations $30.00 Costs of Suit and Title Search $550.00 Escrow Deficit $3,054.40 TOTAL $260,700.98 7 Plaintiff is not seeking a judgment of personal liability (or an in nersonam 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. The mortgage premises are vacant and abandoned. File #: 251116 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $260,700.98, together with interest from 09/11/2010 at the rate of $43.74 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 ? Lawre c T. Phel , Esq., Id. No. 32227 ? Fran s Hallin Esq., Id. No. 62695 ? Dan el G. Schmi , Esq., Id. No. 62205 ? Michele dford, 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 #: 251116 LEGAL DESCRIPTION All that certain tract of land situated in the Borough of Carlisle, Cumberland County, Pennsylvania, being Lot No. 93 as shown on a Plan entitled, 'The Highlands, A Single-Family Residential Development, Final Subdivision Plan, Phase 3, Section 2, Signatures, Notes and Plan View' dated July 8, 2003 by PennTerra Engineering, Inc., State College, PA, being bounded and described as follows: BEGINNING at an iron pin being a northerly corner of Lot No. 92 and lying in a southerly right of way line of Shannon Lane (60 feet right of way); thence along said right of way North 85 degrees 42 minutes 00 seconds East 80.00 feet to an iron pin lying in a southerly line of said right of way and being a westerly corner of Lot No. 94; thence along said lot South 4 degrees 18 minutes 00 seconds East 136.36 feet to an iron pin being a southerly corner of said lot and lying in a northerly line of lands owned now or formerly by Thomas Roy and Pauline V. Lebo; thence along said lands South 85 degrees 44 minutes 30 seconds West 80.00 feet to an iron pin lying in a northerly line of said lands and being a southerly corner of Lot No. 92; thence along said lot North 4 degrees 18 minutes 00 seconds West 136.30 feet to an iron pin being the place of BEGINNING. Lot No. 93 is subject to a 10 foot wide utility easement along its street frontage and a 20 foot drainage easement along its southerly boundary. PROPERTY ADDRESS: 1128 SHANNON LANE, CARLISLE, PA 17013-1783 PARCEL # 05-19-1647-277 File #: 251116 VERIFICATION 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: IO 1) File #: 251116 SHERIFF'S OFFICE OF CUMBERLAND COUNTY ' Ronny R Anderson Sheriff a"?? o! ??arr'uFt/i L?7 -Orn -Z) rn Jody S Smith ` "< + Chief Deputy C Richard W Stewart ? `z' r-, C., rn Solicitor Mfr r t t F :.; iV: Wells Fargo Bank, NA vs. Case Number Steve M. Kraft (et al.) 2010-6497 SHERIFF'S RETURN OF SERVICE 10/14/2010 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: Steve M. Kraft, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Cambria County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 10/14/2010 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: Matthew D. Glennon, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Cambria County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 10/14/2010 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: Melanie B. Glennon, but was unable to locate her in hi; bailiwick. He therefore deputized the Sheriff of Cambria County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 10/14/2010 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: Helene F. Kraft, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Cambria County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 10/18/2010 Cambria County Return: And now, October 18, 2010 I, Bob Kolar, Sheriff of Cambria County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Helene F. Kraft the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find her in the County of Cambria and therefore return same NOT FOUND. Deputies were advised Helene F. Kraft is thought to be residing in Florida. 10/18/2010 02:34 PM - Cambria County Return: And now October 18, 2010 at 1434 hours I, Bob Kolar, Sheriff of Cambria County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Melanie B. Glennon by making known unto herself personally, at 826 Bucknell Avenue, Johnstown, Pennsylvania 15905 its contents and at the same time handing to her personally the said true and correct copy of the same. 10/18/2010 02:34 PM - Cambria County Return: And now October 18, 2010 at 1434 hours I, Bob Kolar, Sheriff of Cambria County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Matthew D. Glennon by making known unto Melanie B. Glennon, adult in charge at 826 Bucknell Avenue, Johnstown, Pennsylvania 15905 its contents and at the same time handing to her personally the said true and correct copy of the same. 10/18/2010 Cambria County Return: And now, October 18, 2010 I, Bob Kolar, Sheriff of Cambria County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Steve M. Kraft the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find him in the County of Cambria and therefore return same NOT FOUND. Deputies were advised Steve M. Kraft is thought to be residing in Florida. (C CounfySuite, Sheriff, I eicosoft. Inc 10/20/2010 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: Steve M. Kraft, 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 Steve M. Kraft. Request for service at 1128 Shannon Lane, Carlisle, PA 17013 is vacant. The Carlisle Postmaster has confirmed, Steve M. Kraft is not known at 1128 Shannon Lane, Carlisle, PA 17013. 10/20/2010 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: Melanie B. Glennon, 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 Melanie B. Glennon. Request for service at 1128 Shannon Lane, Carlisle, PA 17013 is vacant. The Carlisle Postmaster has confirmed, Melanie B. Glennon is not known at 1128 Shannon Lane, Carlisle. PA 17013. 10/20/2010 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: Helene F. Kraft, 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 Helene F. Kraft. Request for service at 1128 Shannon Lane, Carlisle, PA 17013 is vacant. The Carlisle Postmaster has confirmed, Helene F. Kraft is not known at 1128 Shannon Lane, Carlisle, PA 17013. SHERIFF COST: $164.40 November 30, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF !c) Ccunt,Suite Sheriff. Telecsoft, Inc. CASE * PLAINTIFF DEFENDANT 90247-10 WELLS FARGO 10-6497 KRAFT, STEVE DATE 10/18/10 AT 1413+4 HRS. SERVED THE COMPLAINT WITH NOTICE TO DEFEND uPGN MATTHEW D. AND MELANIE B. GLENNON BY HANDING TRUE AND ATTESTED COPIES THEREOF TO MELANIE PERSONALLY AND FOR HUSBAND MATTHEW, SHE BEING THE PERSON IN CHARGE AT 826 BUCKNELL AVE. JOHNSTOWN, PA. 15905 AND MAKING CONTENTS THEREOF KNOWN TO HER. 111710- NOT FOUND AS TO THE WITHIN NAMED DEFENDANTS, STEVE M. AND HELENE F. KRAFT, AT 826 BUCKNELL AVE. JOHNSTOWN, PA. 15905. DEFENDANTS LIVE IN FLORIDA. MY COSTS PAID BY ATTORNEY FOR PLAINTIFF. SHERIFF'S COSTS 64.00 PRO 3.00 TOTAL COSTS 67.00 SO ANSWERS, o.;w zo-o? SHERIFF SWORN AND SUBSCRIBED TO BEFORE ME THIS 19TH DAY OF NOV.2010. PRO ?? Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Attorney For Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff ' Civil Division c C) --r vs . -v rnC3 rn-- MATTHEW D. GLENNON CUMBERLAND County i r M - MELANIE B. GLENNON No. 10-6497 r?-z D c a =° STEVE M. KRAFT ° A/K/A STEVEN M. KRAFT xo -- . ? HELENE F. KRAFT t , , 7 --4 Defendant ' PIULEM TO THE PROTHONOTARY: Please mark the above referenced case settled, discontinued and ended. Date: tPE AN 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 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# 251116 Attorneys for Plaintiff