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Home My WebLink About14-4547 Supreme Court of Pennsylvania Court.oi&m� Pleas 11 IN", For Prothonotary Use Only: IVI �C6vef Sheet CUMBERLAND,') County Docket No: The information collected on this form is used solely for court administration purposes. This form does not supplement or replace thefiling and service ofpleadings or otherers as required by law or rules of court. Commencement of Action: S 9 Complaint 0 Writ of Summons 0 Petition E El Transfer from Another Jurisdiction 13 Declaration of Taking C Lead Plaintiff's Name: WELLS FARGO BANK,NA Lead Defendant's Name: ERICA J. STRICKLER A/K/A ERICA T JAYE STRICKLER I Are money damages requested? El Yes 0 No Dollar Amount Requested: ❑within arbitration limits 0 (Check one) outside arbitration limits N Is this a Class Action Suit? 1:1 Yes 9 No Is this an MDJ Appeal? F-1 Yes 9 No I A Name of Plaintiff/Appellant's Attorney: Jonathan Lobb,Esq.,Id.No.312174,Phelan Hallinan,LLP E3 Check here if you have no attorney (are a Self-Represented [Pro Sel 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) CONTRACT(do not include Judgments) CIVIL APPEALS F-1 Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection:Credit Card 0 Board of Assessment 0 Motor Vehicle 0 Debt Collection: Other 0 Board of Elections 0 Nuisance 0 Dept.of Transportation 0 Premises Liability 0 Statutory Appeal:Other 0 Product Liability(does not S include mass tort) 0 Employment Dispute: 0 Slander/Libel/Defamation Discrimination E 0 Other: 0 Employment Dispute:Other 0 Zoning Board C 0 Other: T I MASS TORT 0 Other: 0 0 Asbestos N 11 Tobacco 0 Toxic Tort-DES L •Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS •Toxic Waste 0 Ejectment F1 Common Law/Statutory Arbitration B 0 Other: 0 Eminent Domain/Condemnation 0 Declaratory Judgment 0 Ground Rent 0 Mandamus El Landlord/Tenant Dispute n Non-Domestic Relations 0 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABILITY El Mortgage Foreclosure:Commercial 0 Quo Warranto •Dental 0 Partition 0 Replevin •Legal 0 Quiet Title 11 Other: •Medical 0 Other: n Other Professional: Pa.R.C.P, 205.5 Updated 01101120-11 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 PAPERTO 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#: 950024 j1 E D-0FTI C t� i l'E i"ItOTHONOTAR'i RC1' AUG --4 AM 10: 09 IMMBERLAND COUNTY PENNSYLVANIA PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK,NA 3476 STATEVIEW BOULEVARD CIVIL DIVISION FORT MILL, SC 29715 Plaintiff, NO.: U "( VS. ERICA J. STRICKLER A/K/A ERICA JAYE STRICKLER 205 GLENN ROAD CAMP HILL, PA 17011-1134 DARYL F. STRICKLER 205 GLENN ROAD CAMP HILL, PA 17011-1134 Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes WELLS FARGO BANK,NA,by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage Foreclosure as follows: 4 s C 13.75; OL T- 062-PA-V5 o62-Pa-vs 1. The Plaintiff is WELLS FARGO BANK, NA, 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). 2. The Defendants are, ERICA J. STRICKLER A/K/A ERICA JAYE STRICKLER and DARYL F. STRICKLER, with a last known address of 205 GLENN ROAD, CAMP HILL, PA 17011-1134. 3. In order to protect the borrower's privacy, certain personal information of the borrower (such as loan account, Social Security numbers and birth dates), may have been partially or completely redacted on the exhibits to this Complaint. 4. WELLS FARGO BANK, NA, directly or through an agent, has possession of the Promissory Note. WELLS FARGO BANK, NA is either the original payee of the Promissory Note or the Promissory Note has been duly indorsed. A copy of said Promissory Note is marked Exhibit "A", attached hereto and made a part hereof. 5. On or about November 24, 2008, ERICA J. STRICKLER and DARYL F. STRICKLER made, executed and delivered to WELLS FARGO BANK, N.A. a Mortgage in the original principal amount of $153,169.00 on the premises described in the legal description marked Exhibit "B", attached hereto and made a part hereof. Said Mortgage being recorded in the Office of the Recorder of CUMBERLAND County on November 25, 2008, in Instrument No. 200838156. The Mortgage is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 6. Plaintiff is the current Mortgagee. 7. ERICA J. STRICKLER A/K/A ERICA JAYE STRICKLER and DARYL F. STRICKLER are the record and real owners of the aforesaid mortgaged premises. 8. Defendants are in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the installments of principal and interest due March 1, 2014. 062-PA-V5 9. As of 07/22/2014 the amount due and owing Plaintiff on the mortgage is as follows: Principal $ 142,117.74 Interest From 02/01/2014 to 07/22/2014 $ 4,043.55 Late Charges $ 293.94 Escrow Advance $ 0.00 Property Inspections $ 0.00 Property Preservation $ 0.00 BPO/Appraisal $ 0.00 Escrow Balance ($ 54.96) Corporate Advance Credit $ 0.00 Total $ 146,400.27 plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania Law, actually and reasonably incurred by Plaintiff, including but not limited to, costs (including escrow advances) and Plaintiff's attorneys' fees and expenses. Plaintiff reserves the right to file a motion in the above-captioned action to add such additional sums authorized under the Mortgage and Pennsylvania Law to the above amount due and owing when incurred. 10. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s). 11. This action does not come under Act 91 of 1983 because the mortgage is FHA- insured. 12. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability in a bankruptcy proceeding, this action is in no way an attempt to re-establish such liability. 062-PA-VS WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of$ 146,400.27 with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. By: Date: 1 I (l� Jon an LAI, Esq., Id. No.312174 Attorney for Plaintiff 062-PA-VS a VERIFICATION Denise Goldston, hereby states that he/&is Vice President Loan Documentation of WELLS FARGO BANK,N.A., plaintiff in this matter, that he/spe 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 hise information 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. Name: Denise Goldston Title: Vice President Loan Documentation Company: Wells Fargo Bank,N.A. Date: 07/24/2014 086-PA-V2 File#:950024 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ;HE PRO O dO n 5 [ISE? —2 P J` 51 CUMBER SYL��1 �I� PENN �prlr�Lrr. OFFICE OF.THE $NEFIFF Wells Fargo Bank, N.A. vs. Erica J Stickler (et al.) Case Number 2014-4547 SHERIFF'S RETURN OF SERVICE 08/08/2014 08:08 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Erica J Stickler, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as "Not Found" at 205 Glenn Road, East Pennsboro, Camp Hill, PA 17011. Residence is vacant. 08/11/2014 08:08 PM - Deputy Jamie DiMartle, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Erica J Stickler at 135 Salt Road, East Pennsboro, Enola, PA 17025. E DIMARTLE, DEPUTY 08/19/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Daryl F Strickler, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as "Not Found" at 205 Glenn Road, East Pennsboro, Camp Hill, PA 17011. Residence is vacant and per the Camp Hill Postmaster mail is still delivered to the address provided. SHERIFF COST: $82.90 SO ANSWERS, August 19, 2014 (c} CountySuite Sheriff, Toleosoft, Inc. RON R ANDERSON, SHERIFF I- iLill C di (HE PROTHi ) , PHELAN HALLINAN,LLP 2a t it OCT -2 L: 1 : Kenya Bates,Esq.,Id.No.203664 1617 JFK Boulevard,Suite 1400 t ry A r l4UtF\Lrn,i i t One Penn Center Plaza Philadelphia,PA 19103 PC1r4 J r. 4 °r,"1`` kenya.bates@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, NA : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION vs. : CUMBERLAND COUNTY ERICA J. STRICKLER A/K/A ERICA JAYE : No. 14-4547 CIVIL STRICKLER DARYL F. STRICKLER : • Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELA HALLINAN, LLP By: `-d447-- Kenya Bat s, Esq., Id. No.203664 Attorney for Plaintiff Date: /id/ /alg, Svc Dept. File#950024 (1) Cki /L/Slo //g Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY, THE i) hu IJ E 10I[111O`f 26 Aliit: 22 CUMBERLAND COUNTY PENNSYLVANIA 4:v 1 t_1I art E gc; RIP Wells Fargo Bank, N.A. vs. Erica J Stickler (et al.) Case Number 2014-4547 SHERIFF'S RETURN OF SERVICE 10/15/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Daryl F Strickler, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as "Not Found" at 135 Salt Road, East Pennsboro, Enola, PA 17025. Deputies were advised that the defendant has never resided at this address but does reside at 2434 Derry Street, Harrisburg, PA 17111. SHERIFF COST: $44.95 SO ANSWERS, November 18, 2014 RON14r R ANDERSON, SHERIFF ;c! Cou,nlyS:ite Shenrf. ?e!_osofi