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Home My WebLink About12-1401F Il-LD 1??I-44r T j t. .„ t RCT'}dN: 2u 12 PEAR -2 AM 11: C 1 CUMBERLA[io caUi? s y PENNSYLVANIA PHELAN HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No.309519 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. RICHARD E. REED, JR CAROLE L. REED 2 PATTON ROAD MECHANICSBURG, PA 17055-2786 Defendants 285752 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 285752 4 4?4 l/6 ;? 7.3 j `7/g7&/ 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 #: 285752 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: RICHARD E. REED, JR CAROLE L. REED 2 PATTON ROAD MECHANICSBURG, PA 17055-2786 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/22/1999 RICHARD E. REED, JR and CAROLE L. REED made, executed and delivered a mortgage upon the premises hereinafter described to PNC MORTGAGE CORP. OF AMERICA,AN OHIO CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book 1573, Page 606. By Assignment of Mortgage recorded 04/05/2007 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book 0735, Page 3473.The mortgage and assigmnent(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 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 4: 285752 6. The following amounts are due on the mortgage as of 11 /29/2011: Principal Balance $101,158.32 Interest $3,318.37 through 11/29/2011 Late Charges $354.08 Property Inspections $100.00 Escrow Deficit $574.55 TOTAL $105,505.32 7. Plaintiff is not seeking a judgment of personal liability (or an in person am 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 $105,505.32, 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. --_? PHELAN Allison F.-Wells, Esquire Attorney for Plaintiff SCHMIEG, LLP File # 285752 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Mechanicsburg, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGIINING at a point on the Southern side of Patton Road which point is also the dividing line of Lots Nos. 10 and 11, Block D, on the hereinafter mentioned Plan of Lots; thence along the dividing line of Lots Nos. 10 and 24, Block D, on the hereinafter mentioned Plan of Lots, South 79 degrees 37 minutes West 98.19 feet to a point; thence along the dividing line of Lots Nos. 10 and 25 on the hereinafter mentioned Plan of Lots North 61 degrees 37 minutes West 43.87 feet to a point; thence along the Western side of Lot No. 10, Block D, 141.39 feet to a point on the Southern side of Patton Road; thence by an arc curving to the left having a radius of 175 feet an arc distance of 60.0 feet to a point, to the point and place of BEGINNING. BEING Lot No. 10, Block D, on the final Plan of part of Blocks A,C,D,E,F, D and H, Wynnewood Park as recorded in the Cumberland County Recorder's Office in Plan Book 90, Page 116. UNDER AND SUBJECT to a 25 foot building set back line. BEING THE SAME PREMISES which R. Thomas Kline, Sheriff of the County of Cumberland by deed dated July 5, 1999 and recorded July 7, 1999 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 203, Page 474, granted and conveyed unto LaSalle National Bank, GRANTORS herein. PROPERTY ADDRESS: 2 PATTON ROAD, MECHANICSBURG, PA 17055-2786 PARCEL # 18-22-0519-302 File #: 285752 VERIFICATION Varsha Thacker, hereby states that h /she s Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff or mortgage servicing agent for plaintiff in this matter, that h 4D ' 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 /her 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: 2 - 2 -L - k L Name: Varsha Thacker Title: Vice President Loan Documentation 032-PA-V3 PHS-285752 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy 1112 AR 21 A 6: 21 Richard W Stewart Solicitor ERLD L'CjGNL t, ?ePL SYLV A H I A Wells Fargo Bank, NA vs. Richard E. Reed, Jr. (et al.) Case Number 2012-1401 SHERIFF'S RETURN OF SERVICE 03/05/2012 07:40 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on March 5, 2012 at 1940 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Richard E. Reed, Jr., by making known unto hims personally, at 2 Patton Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 i'cont nt and at the same time handing to him personally the said true and correct copy of the same. / /n ,DEPUTY 03/05/2012 07:52 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on March 5, 2012 at 1952 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Carole L. Reed now known as Carole L. Eisenstein, by making known unto herself personally, at 312 E. Main Street, 2nd Floor, Mechanicsburg, Cumb nd County, Pennsylvania 17055 its contents and at the same time handing to her perlmll th said true and correct copy of the same. // //?? HARRISON, DEPUTY SHERIFF COST: $64.00 March 06, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF 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 vs CUMBERLAND County RICHARD E. REED, JR CAROLE L. REED No. 12-1401-CIVIL Defendant _ PRAECIPE TO THE PROTHONOTARY: 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: PHELAN HALLINAN & SCHMIEG, LLP 1-7 By: Courtenay R. unn, Esq., Id. No. 206779 PHS# 285752 Attorneys for Plaintiff M <c.J PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. Plaintiff vs RICHARD E. REED, JR CAROLE L. REED Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 12-1401-CIVIL CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff's Praecipe was served by regular mail to the person(s) on the date listed below: RICHARD E. REED, JR CAROLE L. REED 2 PATTON ROAD MECHANICSBURG, PA 17055-2786 (Z By: Date: Courtenay R. Dunn, Esq., Id. No. 206779 Attorney for Plaintiff