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Home My WebLink About12-1479 n .- , r 9? Lj -lj r i C_ FIC) IN nu: 2? 4,rSL ut,,I ERLAND CQUNP DINSYLVANIA PHELAN 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 290496 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION V. Plaintiff TERM Ut 9 C'l SONYA CHILDRESS A/K/A SONYA G. CHILDRESS NO. ? a' " 1 6147 GALLEON DRIVE 96147, A/K/A 6147 GALLEON DRIVE CUMBERLAND COUNTY MECHANICSBURG, PA 17050-2917 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 290496 a4jq U l b3,.-? s pit aA47 '(k.t- I I U 312 3 f- * P- ; to -? 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 #: 290496 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: SONYA CHILDRESS A/K/A SONYA G. CHILDRESS 6147 GALLEON DRIVE #6147, A/K/A 6147 GALLEON DRIVE MECHANICSBURG, PA 17050-2917 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 05/28/2009 SONYA CHILDRESS made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Instrument No. 200918577. 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(8); 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 11 /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 # 290496 6. The following amounts are due on the mortgage as of 02/01/2012: Principal Balance $222,705.55 Interest $4,546.92 through 02/01/2012 Late Charges $278.88 Property Inspections $35.00 Escrow Deficit $1,477.74 Subtotal $228,973.87 Suspense Credit ($70.22) TOTAL 22,938.87 7 8 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 $22,938.87, 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. HALLIN4N & SCHMIEG, UP By: Attorney for Plaintiff Robert W. Cusick, Esquire Id., No. 80193 File #: 290496 LEGAL DESCRIPTION ALL that certain Unit, being Unit No. 146 (the "Unit") of Silver Creek at Hampden, A Townhome Condominium (the "Condominium"), located in Hampden Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium of Silver Creek at Hampden, A Townhome Condominium (the "Declaration of Condominium") recorded in the Office of the Cumberland County Recorder of Deeds in Miscellaneous Book 724, Page 70 and in the Declaration Plats and Plans recorded simultaneously in the aforesaid Office in Right of Way Plan Book 13, Page 130, together with any and all amendments thereto. TOGETHER with the undivided percentage interest in the Common Elements appurtenant to the Unit as more particularly set forth in the aforesaid Declaration of Condominium, as last amended. TOGETHER with the right to use the Limited Common Elements applicable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration :Plats and Plans, as last amended. UNDER AND SUBJECT to the Declaration of Condominium, to any and all other covenants, conditions, restrictions, rights-of-way, easements and agreements of record in the aforesaid Office, and matters which a physical inspection or survey of the Unit and Common Elements would disclose. PROPERTY ADDRESS: 6147 GALLEON DRIVE #6147, A/K/A 6147 GALLEON DRIVE, MECHANICSBURG, PA 17050-2917 PARCEL # 10-18-1323-001-U146 File #: 290496 VERIFICATION Christine Castellanos, hereby states that he l Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff or mortgage servicing agent for plaintiff in this matter, that h sh is 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 his 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. Christine Castellanos, Vice President Loan Documentation DATE: February 22, 2012 File: 290496 Childress 032-PA-V3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson : C ` r I"`- Sheriff 'L.L0-V w sr.?Q"y ?tr pi u u+Lrr?d - i ?, . Jody S Smith fl ? Chief Deputy 2012 MAR 20 AM 10:45 Richard W Stewart t t ?t ?FF t E r.? c kRIFF ko'LIMBERLAND COUN t 4, Solicitor PENNSYLVANIA Wells Fargo Bank, N.A. Case Number vs. Sonya Childress 2012-1479 SHERIFF'S RETURN OF SERVICE 03/13/2012 08:20 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on March 13, 2012 at 2020 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Sonya Childress, by making known unto herself personally, at 6147 Galleon Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. S UTY SHERIFF COST: $38.00 March 16, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF (c Ccunh;Suitp Shen ft. 'Ielecscft. hac. FILED-OFFICE THE PROTHONOTARY Phelan Hallinan & Schmieg, LLP ttorney For Plaintiff 1617 JFK Boulevard, Suite 1400 2012 JUL 18 AM 9: S h One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A.' Plaintiff vs SONYA CHILDRESS A/K/A SONYA G. CHILDRESS Defendant TO THE PROTHONOTARY: CUMSENNSYIVICOUNTY PE : Court of Common Pleas . I Civil Division CUMBERLAND County No. 2012-1479CIVIL PRAECIPE ® 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: "I If `? /PHELAN HA.LLINAN & SCHMIEG, LLP By: Court ay R. Dunn, Esq., Id. No.206779 Attomey for Plaintiff PHS # 290496 Y Phelan Hailinan & 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. Plaintiff Court of Common Pleas vs SONYA CHILDRESS A/K/A SONYA G. CHILDRESS Defendant Civil Division CUMBERLAND County No. 2012-1479CIVIL CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served regular mail to the person(s) on the date listed below: SONYA CHILDRESS A/K/A SONYA G. CHILDRESS 6147 GALLEON DRIVE #6147 A/K/A 6147 GALLEON DRIVE MECHANICSBURG, PA 17050-2917 Date: h-z: By: c%/ Courtenay R. Dunn, Esq., I . No. 779 Attorney for Plaintiff PHS # 290496