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Home My WebLink About04-5051 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN. ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE ]400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (2]5) 563-7000 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO COURT OF COMMON PLEAS HOME MORTGAGE, INC, FIKIA NORWEST MORTGAGE, INC. CIVIL DIVISION 3476 STATEVIEW BOULEVARD FORT MILL, SC 297]5 TERM Plaintiff NO.Oll -.sos-f e;u;L'--r~ v. CUMBERLAND COUNTY TIMOTHY A. WILT COLEEN L. WILT 12 SOUTH STONER AVENUE CAMP HILL, PA 17011 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9108 File #: 99845 File #: 99845 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.c. ~ 1692 et seq. (1977), DEFENDANT(S) MA Y DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MA Y OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS 01<' THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW RE:QUlRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is WELLS FARGO BANK, N.A., SfB/M TO WELLS FARGO HOME MORTGAGE, INC., F/KJA NORWEST MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: TIMOTHY A. WILT COLEENL. WILT 12 SOUTH STONER AVENUE CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 0712911 998 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to EQUITY ONE, INe. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1471, Page: 554. By Assignment of Mortgage recorded 7/30/98 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 584, Page 149. 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 04/01/2004 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 #: 99845 6. The following amounts are due on the mortgage: Principal Balance Interest 03/0 1/2004 through 10/0512004 (Per Diem $] 7.98) Attorney's Fees Cumulative Late Charges 07/29/1998 to ] 0/05/2004 Cost of Suit and Title Search Subtotal $94,342.] I 3,937.62 1,250.00 33.87 $ 550.00 $ 100,113.60 Escrow Credit Deficit Subtotal -1,175.85 0.00 $- 1,175.85 TOTAL $ 98,937.75 7. The attorney's fees set forth above are in conformity with the mortgage documents and PelIDsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come under Act 9] of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 98,937.75, together with interest from 10/05/2004 at the rate of$17.98 per diem to the date of Judgment, and other costs and charges collectib]e under the mortgage and for the foreclosure and sale of the mortgaged property. FEDERM~ND PHELAN, Up/ j / . ~ I:IkL- By: Is ~allinan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQU]RE FRANC]S S. HALLINAN, ESQU]RE Attorneys for Plaintiff File #: 99845 LEGAL DESCRIPTION ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Borough of Shiremanstown in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the western line of Stoner Avenue, which point is fifty (50.00) feet North of Green Street and which point is at the line dividing Lots Nos. 14 and 15 on the hereinafter mentioned Plan; thence along said dividing line South 81 degrees 30 minutes West, one hundred nine and seventy-seven hundredths (109.77) feet to a point; thence North 09 degrees 07 minutes West fifty (50.00) feet to the line dividing Lots Nos. 13 and 14 on said Plan; thence along said dividing line North 81 degrees 30 minutes East one hundred nine and seventy-seven hundredths (109.77) feet to the western line of Stoner Avenue; thence along the same South 09 degrees 07 minutes East fifty (50.00) feet to the point or place of Beginning. BEING Lot No. 14 on the Plan of Lots as recorded in Plan book 2, Page 66. HAVING thereon erected a two story frame dwelling known and numbered 12 South Stoner Avenue. File #: 99845 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for 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 he is 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 its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. 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. ~allt::1!( Attorney for Plaintiff DATE: I D j-<;J ()l( ~p.fg. _ '1. ~ CI'l . " t.. err ~ "V 0 0' ~ ~~ t- '----'--- . ,. G 'i'" r-,) .. ;-', . -~~ t. ' .. -... SHERIFF'S RETURN - REGULAR CASE NO: 2004-05051 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS WILT TIMOTHY A ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County/Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WILT TIMOTHY A the DEFENDANT I at 1655:00 HOURS I on the 11th day of October 2004 at 12 SOUTH STONER AVENUE CAMP HILL, PA 17011 by handing to TIMOTHY A WILT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 11.10 .00 10.00 .00 39.10 So Answers: ~9L:~:/~~'""-. ,~~{e;~ R. Thomas Kline 10/12/2004 FEDERMAN & PHELAN Sworn and Subscribed to before me thi s 'i !!:; day of ~ ~&05 A.D , ~ Q /7tt1~~' -- ~ rothonotary / BY'~/~ Deputy She ff ".. '-.... SHERIFF'S RETURN - REGULAR CASE NO: 2004-05051 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS WILT TIMOTHY A ET AL GERALD WORTHINGTON I Sheriff or Deputy Sheriff of Cumberland CountYIPennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WILT COLEEN L the DEFENDANT I at 1655:00 HOURS, on the 11th day of October I 2004 at 12 SOUTH STONER AVENUE CAMP HILL, PA 17011 by handing to TIMOTHY A WILT, HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: /", /</ /.~fl .~ ~~'._.~..__.d.~F' /Fj..-:,.,-.....J' .r //~'.} ",",' ,f. .'." "'''~.,,,,,_. ..,1';', .,.....,...~...."""'"..... . R. Thomas Kline 10/12/2004 FEDERMAN & PHELAN me this of By' )~ J}M~ f, . ~. Deputy She . f Sworn and Subscribed to before ~ PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 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., S/B/M to Wells Fargo Home Mortgage, Inc., F/K/A Norwest Mortgage, Inc. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division v. Cumberland County Timothy A. Wilt Coleen L. Wilt Defendants No. 04-5051 CIVIL PRAECIPE TO THE PROTHONOTARY: X Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: 3/ nt $' I I ~j~ Francis S. Hallinan, Esquire Attorney for Plaintiff