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HomeMy WebLinkAbout12-0809PHELAN HALLINAN & SCHMIEG, LLP 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. KAREN R. AGAR 351 EAST LOUTHER STREET CARLISLE, PA 17013-2530 Defendant i !I~LO-CFFIV; } Ti'%• TH0N0TA,I ATTORNEY FOR PLAINTIFF [3U FEB -8 AN 10: 09 rUMBERA-8At78 COUNT` PENNsYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. aOl oZ- 361 CJVI'i CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 286178 d q NVt 4L 103.75 col a,o 80-? 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 k 286178 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: KAREN R. AGAR 351 EAST LOUTHER STREET CARLISLE, PA 17013-2530 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/15/2006 KAREN R. AGAR made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR PENN NATIONAL FINANCIAL which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book 1976, Page 2352. By Assignment of Mortgage recorded 11/17/2011 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201131973.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 08/01/2011 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 #: 286178 6. The following amounts are due on the mortgage as of 12/06/2011: Principal Balance $ Interest $ 07/01/2011 through 12/06/2011 Late Charges $ Property Inspections $ Escrow Deficit $ TOTAL $ 7. Plaintiff is not 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 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. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $ , together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. CHMIEG, LLP By: Attorney for Plaintiff 193 File #: 286178 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land with improvements thereon erected, situate in the Borough of Carlisle. County of Cumberland and Commonwealth of Pennsylvania, bounded and described., as follows, to wit: ON the south by East Louther Street; on the east by lot now or formerly of Hubert Cullison; on the north by an alley; and on the west by lot now or formerly of Charles Sperow. Containing 17 feet and 6 inches in front on said East Louther Street and extending back an even width 120 feet to the aforesaid alley, and having thereon erected a two and one-half story dwelling and necessary outbuildings, known and numbered as 351 East Louther Street. BEING the same premises which Harry E. Brillhart and Frances J. Verdekal, Executors of the Estate of Brenda M. Brillhart, by Deed dated August 19, 1994, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book 110, Page 1093, granted and conveyed unto Cynthia G. Spitman, single person, Grantor herein. UN DER AND SUBJECT to existing covenants, agreements, conditions, easements, restrictions and rights of record, to the extent valid and enforceable and still applicable to the above-described premises. PROPERTY ADDRESS: 351 EAST LOUTHER STREET, CARLISLE, PA 17013-2530 PARCEL, # 02-21-0318-123 File #: 286178 VERIFICATION Varsha Thacker, hereby states that he shs Vice President Loan Documentation of WI3LLS FARGO BANK, N.A., plaintiff or mortgage servicing agent for plaintiff in this matter, that heois authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of hi er nformation and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: Name: Varsha Thacker Title: Vice President Loan Documentation Name: AGAR File# 286178 032-PA-V:3 PHS-286178 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ??tt1pt ?.trirr?rfijjlt D 2G42 FEB 28 9 8 CUM0EFt! A i'?C ;ji ?I- FENNSYL MAIA Wells Fargo Bank, N.A. vs. Karen R. Agar Case Number 2012-809 SHERIFF'S RETURN OF SERVICE 02/24/2012 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: Karen R. Agar, 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 Karen R. Agar. Request for service at 351 E. Louther Street, Carlisle, Pennsylvania 17013 has personal effects located in the residence while it is for sale. Deputies were advised by a neighbor, Karen R. Agar moved one year ago. However, The Carlisle Postmaster is still delivering her mail to this address. SHERIFF COST: $39.00 SO ANSWERS, February 24, 2012 RON R ANDERSON, SHERIFF Co ?F... - Co 7= 7. :== G? ?-C 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 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 Matthew G. Brushwood, Esq., Id. No. 310592 Dana B. Ostrovsky, Esq., Id. No. 83921 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff VS. KAREN R. AGAR Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY No. 2012-809-CIVIL PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE O 411.'15 PO AT7?/ e-p 111089-5 0,190130(o TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN WLV?WN & SCHMIEG, LLP By: ? L ence T. Phelan, Esq., Id. No. 32227 ? rancis 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 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Jay B. Jones, Esq., Id. No. 86657 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Cantwell, Esq., Id. No. 308912 ? Mario J. Hanyon, Esq., Id. No. 203993 ? Andrew J. Marley, Esq., Id. No. 312314 ? Robert W. Cusick, Esq., Id. No. 80193 [] John M. Kolesnik, Esq., Id. No. 308877 ? Matthew G. Brushwood, Esq., Id. No. 310592 ? Dana B. Ostrovsky, Esq., Id. No. 83921 Attorneys for Plaintiff Date: March 20, 2012 /kpl, Svc Dept. File# 286178 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY r ?f L" j A!^YLt Wells Fargo Bank, N.A. Case Number vs. Karen R. Agar 2012-809 SHERIFF'S RETURN OF SERVICE 04/05/2012 08:53 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on April 5, 2012 at 2053 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Karen R. Agar, by making known unto herself personally, at 21 Winchester Gardens, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $34.00 April 09, 2012 S TSH 'aL DEPUTY SO ANSWERS, '22 RON R ANDERSON, SHERIFF Supreme Court of Pennsylvania Cour if Comitt Pleas vrl-Qover ? eet C U 3,6 S AND. County S E C T I A For Prothonotary Use Only: Docket No: /a- Bog The information collected on this form is used solely for court administration purposes. This form does not ..'.: _-- -..1.ti_ i:r::.r:-. ?,._„I•.,,.....:,:,. 1.,.,d;-;w..,r .,thaN•»nnmv'nc.rn2rfcii•r+elh1ila u nr rsde.c rrfrourt_ Commencement of Action: 0 Complaint ? Writ of Summons ? Petition ? Transfer from Another Jurisdiction ? Declaration of Taking Lead Plaintiff s Name: WILLS FARGO BANK, N.A. Lead Defendant's Name: KAREN R. AGAR Dollar Amount Requested: El within arbitration limits Are money damages requested? [I Yes No (Check one) ©outside arbitration limits Is this a Class Action Suit? ? Yes (] No Is this an MDJ Appeal? ? Yes Z No Name of Plaintiff/Appellant's Attorney: Robert W. Cusick, Esq., Id. No,8015Q Phelan Hallinan 8e Schm.ieg, LLP. ? Check here if you have no attorney (are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) ? Intentional. ? Malicious Prosecution, ? Motor Vehicle ? Nuisance ? Premises Liability ? Product Liability (does not include mass tort) ? Slander/Libel/ Defamation ? Other: B MASS TORT ? Asbestos ? Tobacco ? Toxic Tort - DES ? Toxic Tort - Implant ? Toxic Waste ? Other: PROFESSIONAL LIABILITY ? Dental ? Legal ? Medical ? Other Professional: Pa. R.C.P. 205.5 CONTRACT (do not include Judgments) ? Buyer Plaintiff ? Debt Collection: Credit Card ? Debt Collection: Other ? Employment Dispute: Discrimination ? Employment Dispute: Other ? Other: REAL :PROPERTY ? Ejectment ? Eminent Domain/Condemnation ? Ground Rent ? Landlord/Tenant Dispute ® Mortgage Foreclosure: Residential ? Mortgage Foreclosure: Commercial ? Partition ? Quiet Title ? Other: CIVIL APPEALS Administrative Agencies ? Board of Assessment ? Board of Elections ? Dept, of Transportation ? Statutory Appeal: Other ? Zoning Board ? Other: MISCELLANEOUS ? Common Law/Statutory Arbitration ? Declaratory Judgment ? Mandamus ? Non-Domestic Relations Restraining Order ? Quo Warrantc ? Replevin ? Other: Updated 01/01/2011 Phelan Hallinan & Schmieg, I 'Attorney For Plaintiff 1617 JFK Boulevard, Suite 140 R, ;..hr t,Q11" One Fenn Center Plaza Philadelphia, PA 19103 215-5163-7000 WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff Civil Division vs CUMBERLAND County KAREN R. AGAR Defendant No. 2012-809-CIVIL TO THE PROTHONOTARY: PRAECIPE X Please, withdraw the complaint and mark the action Discontinued and Ended without prejudice. ? Please mark the above referenced case Settled, Discontinued and Ended. ? Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. ? Please', mark the in rem judgment Satisfied and the action Discontinued and Ended. Date: Z-- PHEL LINAN & SCHMIEG, LLP By: Dana stro ky, Esq., Id. No.83921 Atto y for Plaintiff PHS # 286178 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Attorney For Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-9000 WELLS V'ARGO BANK, N.A. Plaintiff Court of Common Pleas vs KAREN R. AGAR Defendant Civil Division CUMBERLAND County No. 2012-809-CIVIL CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: KAREN R. AGAR 21 WINCHESTER GDNS CARLISW-2- Date: - { 1 Id. No.83921 Esq., 70113-1071 for Plaintiff PHS # 286178