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HomeMy WebLinkAbout10-7297Phelan Hallinan &Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Id. No. 62695 Esq Hallinan Francis S U ®~'E`ICE NE~P ., , . Daniel G. Schmieg, Esq., Id. No. 62205 pF T R NONOTARY Michele M. Bradford, Esq., Id. No. 69849 ~a,O NpV 22 Judith T. Romano, Esq., Id. No. 58745 AN 9:26 Sheetal R. Shah-Jani, Esq., Id. No. 81760 87077 No Id E D R pUMBERLANO Cp~NT . . sq., avey, . Jenine Y PENNSYLVAN Lauren R. Tabas, Esq., Id. No. 93337 IA Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 ATTORNEY FOR PLAINTIFF 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 Alison F. Wells, Esq., Id. No. 309519 ] 617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 248399 WELLS FARGO BANK, N.A., SB/M WELLS FARGO HOME MORTGAGE, INC. COURT OF COMMON PLEAS 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 CIVIL DIVISION Plaintiff TERM V NO. ~O-~a~-1 JAMES M. BALABAN DONNA P. BALABAN CUMBERLAND COUNTY 911 WOODLAND DRIVE LEMOYNE, PA 17043-1211 Defendants File #: 248399 ~ a~ Daa..~° ~ C.~ ~ ~~ y 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 #: 248399 Plaintiff is WELLS FARGO BANK, N.A., SB/M WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: JAMES M. BALABAN DONNAP.BALABAN 911 WOODLAND DRIVE LEMOYNE, PA 17043-1211 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/28/2002 JAMES M. BALABAN and DONNA P. BALABAN made, executed and delivered a mortgage upon the premises hereinafter described to WAYPOINT BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1764, Page 1324. By Assignment of Mortgage recorded 05/16/2003 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 697, Page 1593. 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 05/01/2010 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 #: 248399 6 The following amounts are due on the mortgage: Principal Balance $266,157.93 Interest $5,688.36 04/01/2010 through 08/15/2010 (Per Diem $41.93) Attorney's Fees $650.00 Late Charges through 08/15/2010 $87.54 Property Inspections/Property Preservations $15.00 Costs of Suit and Title Search $550.00 Escrow Deficit ~i 1_,094.1 R TOTAL $274,243.01 7 8. 9 Plaintiff is not seeking a judgment of personal liability (or an in nersnnam 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. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. File #: 248399 10. Defendants' application for assistance under Act 91 of 1983 has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $274,243.01, together with interest from 08/15/2010 at the rate of $41.93 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 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 ^ w C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 Attorneys for Plaintiff File #: 248399 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the west side of Woodland Drive at the dividing line between Lots Nos. 14 and 15, as shown on a Plan of Lots designated and recorded as Section No. 2, Susquehanna Hills, said point being a distance of 201.00 feet north of the intersection of the west side of Riverview Road and Woodland Drive; thence by the line between Lots Nos. 15 and 14, South 52 degrees 3 minutes West (S 52 degrees 03 minutes W) a distance of 155 feet to a point at lands of Haldeman Estate; thence by same North 37 degrees 57 minutes West (N 37 degrees 57 minutes W) a distance of 128 feet to a point on line between Lots Nos. 15 and 16; thence by same North 52 degrees 3 minutes East (N 52 degrees 03 minutes E) a distance of 155 feet to a point on the west side of Woodland Drive; thence by same, South 37 degrees 57 minutes East (S 37 degrees 57 minutes E) a distance of 128 feet to a point, the place of BEGINNING. BEING Lot No. 15 on a Plan of Lots recorded in the Recorder's Office, Cumberland County, Pennsylvania, as Section No. 2 of Susquehanna Hills for Susquehanna Enterprises, Inc., in Plan Book Volume 12, Page 42. THIS conveyance is made and accepted and said realty is hereby granted, conveyed and assigned upon and subject to the protective covenants, conditions, restrictions, reservations and limitations set forth in an instrument entitled 'Protective Covenants for Susquehanna Hills Section No. 2', dated the 14th day of December 1961, executed by Susquehanna Enterprises, Inc., and recorded in the Office for the Recording of Deeds in and for the County of Cumberland, Pennsylvania, in Miscellaneous Book Volume 156, Page 866. PROPERTY ADDRESS: 911 WOODLAND DRIVE, LEMOYNE, PA 17043-1211 PARCEL # 12-20-1856-025 File #: 248399 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 andJor 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. Attorney for Plaintiff File #: 248399 Wells Fargo Bank, N. A. In the Court of Common Pleas of Cumberland County, Pennsylvania 10-7297 No. Civil Term Complaint in Mortgage Foreclosure vs James M. Balaban Donna P Balaban err . , QC', PRAECIPE ==r Dear Sirs: _,., It is my understanding that in filing this form I am formally answering the complaint against me and the action against my property at 911 Woodland Drive, Lemoyne. I am enclosing a copy of the letter I sent to my lender's attorney, Phelan, Hallinan & Schmeig, LLP, protesting foreclosure in rem action by Wells Fargo Home Mortgage as they have been notified on several occasions, both directly and through Phelan, that the house is under contract to be sold with closing scheduled for Dec. 22, 2010. I have been working closely with the Pennsylvania Housing Finance Agency (PHFA) who notified Phelan on Oct. 29 that I had a signed sales agreement on my property and would be closing on Dec. 22. As requested, I gave PHFA a copy of the signed sales agreement, which they in turn sent to Phelan on Nov. 1. It was my understanding that in doing so, this would satisfy the lender and preclude the foreclosure process. I believe that the foreclosure action by Wells Fargo was unnecessary given the information they had been provided, and it is my hope that the complaint will be withdrawn when the sale is completed and they receive payment on Dec. 22. Please advise me if any further action is necessary on my part. Thank you. David D. Buell, Prothonotary 20 0 rr, rv 4 :') , -7- Attorney Info: Attorney for Plaintiff November 29, 2010 Ms Allison F. Wells, Esq. Phelan, Hallinan & Schmieg, LLP Dear Ms. Wells, I am writing to formally dispute foreclosure action you indicated is forthcoming in a letter I received from your office on Nov. 26, and in a civil complaint received on Nov. 29. However, your records should indicate that the house has been sold. I have been working closely with the Pennsylvania Housing Finance Agency (PHFA) who notified your firm on Oct. 29 that I had a signed sales agreement on my property at 911 Woodland Drive in Lemoyne, Cumberland County, Pennsylvania. The closing is scheduled for Dec. 22. As requested, I sent PHFA a copy of the signed sales agreement, which they in turn sent to your firm on Nov. 1. It was my understanding that in doing so, this would satisfy the lender (Wells Fargo) and preclude the foreclosure process. I never, ever imagined myself in this situation and have done everything possible to avoid it. Early this year my husband walked away from his obligations to our family, leaving me with full responsibility for the mortgage, a sizable home equity loan, the sole care and support of our children and several large bills. I quickly prepared the house for market, listed it with a realtor and managed to get it sold in six months despite very poor market conditions. I have always been responsible, conscientious and enjoyed an excellent credit history, but the burden I was left with was more than I could handle on my own. Throughout the past several months, I have stayed in touch with Wells Fargo and our other creditors. It was never my intent to leave anyone unpaid. Fortunately, my debt to Wells Fargo will be satisfied on Dec. 22 when the sale of the house is final. On my behalf, PHFA requested a payoff figure from your firm on Oct. 28. However, that figure was through Nov. 24. It is my understanding that you can now provide a firm payoff figure for Dec. 22. I would appreciate this. It is my hope that this foreclosure action will be rescinded in light of the pending sale and the facts contained herein. I believe I have acted in good faith and have responsibly handled my obligations to the best of my ability. A foreclosure action now would severely limit my ability to start over and to provide a decent home for my children. Please consider my excellent credit history, the circumstances that made it temporarily impossible for me to meet my obligations and the work I have done to correct the situation. I am hopeful that this matter can be resolved quickly so as not to interfere with the pending sale of the home. Please let me know if you require anything further from me. Thank you. Sincerely, Donna P. Balaban #0184893121 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ?. FILED`OEFICE Sheriff L-'t Jody S Smith Chief Deputy Richard W Stewart Solicitor 2QlQ D"C -9 Pro 4: 2i0 ' UMDERL4-01 C ili i `' PENNSYLVANI', Wells Fargo Bank, NA vs. James Michael Balaban (et al.) Case Number 2010-7297 SHERIFF'S RETURN OF SERVICE 11/29/2010 05:54 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on November 29, 2010 at 1754 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Donna Pinkham Balaban, by making known unto herself personally, at 91 f Woodland Drive, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to her personally the said true and correct copy of the same. RYAN BURGET , EPUTY 12/02/2010 03:34 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on December 2, 2010 at 1534 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: James Michael Balaban, by making known unto himself personally, at 8 Elmhurst Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. RYAN BURGETT, DEPUTY 12/03/2010 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: Donna Pinkham Balaban, 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 Donna Pinkham Balaban. Request for service at 1 Redbud Drive, Mechanicsburg, PA 17050 the defendant was not found. Donna Pinkham Balaban currently resides at 911 Woodland Drive, Lemoyne, PA 17043. 12/03/2010 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: James Michael Balaban, 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 James Michael Balaban. Request for service at 1 Redbud Drive, Mechanicsburg, PA 17050 and 911 Woodland Drive, Lemoyne, PA 17043 the defendant was not found. James Michael Balaban currently resides at 8 Elmhurst Road, Camp Hill, PA 17011. SHERIFF COST: $122.90 December 03, 2010 SO ANSWERS, RONNY R ANDERSON, SHERIFF David 1D. Buell Q p R nee 7X Simpson ry = �'" 1St Deputy Prothonotary Prothonotary � .�* ,, q �.r w��,.4� z �irkS. Sohonage, ESQ Irene E. Morrow Solicitor ,750 21'61-Deputy Prothonotary Office of the Prothonotary Cumberland County, Pennsylvania fD_ '7297 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 • (71 7)240-6195 • 'Fax(717)240-6573