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Home My WebLink About05-4498PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 3222 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. COURT OF COMMON PLEAS CIVIL DIVISION TERM I NO. (0 -d/y9? ?1v?(? CUMBERLAND COUNTY CHRISTOPHER S. CHUBB JODI A. CHUBB A/K/A JODI A. HOVERTER A/K/A JODI A. DICKEY 922 BRANDYWINE WAY MECHANISBURG, PA 17050 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 WI 111 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, PA 17013 (800)990-9108 File tl . 122308 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) MAY 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 MAY 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 OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES 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. FilcH 122308 Plaintiff is WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: CHRISTOPHER S. CHUBB JODI A. CHUBB A/K/A JODI A. HOVERTER A/K/A JODI A. DICKEY 922 BRANDYWINE WAY MECHANISBURG, PA 17050 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 12/28/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CHARTER ONE MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1589, Page: 865. By Assignment of Mortgage recorded 2/28/00 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Mortgage Book No. 639, Page 83. 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 0510112005 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. rile #, 122308 The following amounts are due on the mortgage: Principal Balance $107 671.65 Interest , 04/01/2005 through 08/30/2005 3,587.20 (Per Diem $23.60) Attorney's Fees Cumulative Late Charges 1,250.00 12/28/1999 to 08/30/2005 220.35 Cost of Suit and Title Search $ 550 00 Subtotal . $ 113,279.20 Escrow Credit -467 23 Deficit . 0 00 Subtotal . $- 467.23 TOTAL $ 112,811.97 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania 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. Notice of intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, 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, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 112,81 1.97, together with interest from 08/30/2005 at the rate of $23.60 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. P}IELAN H LINAN &SCHMI LP BY , /s/Francis S. Hallinan LA RENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 122308 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in Hampden Township, Cumberland County, Pennsylvania, being bounded and described according to a survey made by Gerrit J. Betz, Registered Surveyor, dated May 10, 1977, as follows, to wit: BEGINNING at an iron pin on the East side of Brandywine Way (50 feet wide), at the dividing line between Lot Nos. 111 and 112 on the Plan of Bunker Hills, said point being measured 160 feet South of the southeast corner of Brandywine Way and Brandywine Drive; thence extending from said point of beginning and along the dividing line between Lot Nos. 111 and 112, North 87 degrees 16 minutes East, the distance of 110.18 feet to an iron pin on the western line of Lot No. 114; thence along said lot, South 04 degrees 15 minutes East, a distance of 141.10 feet to an iron pin; thence along the western line of Lot No. 115. South 02 degrees 26 minutes West, the distance of 25 feet to an iron pin on the northern line of Lot No. 110; thence along said lot, North 83 degrees 36 minutes 52 seconds West, the distance of 113.73 feet to an iron pin on the East side of Brandywine Way; thence extending along said Brandywine Way, in a northerly direction by an arc of a circle curving to the left having a radius of 50 feet, the arc distance of 7.96 feet; thence along the same, North 02 degrees 44 minutes West, the distance of 140 feet to a point, the place of BEGINNING. BEING Lot No. I 1 I on Plan No. 3 of Bunker Hills, recorded in Plan Book 22, Page 144. BEING known and numbered as 922 Brandywine Way, Mechanicsburg, Pennsylvania. BEING THE SAME PREMISES which Nationwide Mutual Insurance Company, an Ohio Corporation, by Deed dated January 9, 1978 and recorded January 16, 1978 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book P, Volume 27, Page 616, granted and conveyed unto William J. Mullin and Kathryn A. Mullin, his wife. The said William J. Mullin died October 3, 1986 thereby vesting sole title unto Kathryn A. Mullin, widow, Grantor herein. File #. 122308 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. Francis S. Hallman, Esquire Attorney for Plaintiff DATE: `v(J'?/ CJ ? d ?a I OC, SHERIFF'S RETURN - REGULAR CASE NO: 2005-04498 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS CHUBB CHRISTOPHER S ET AL RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CHUBB CHRISTOPHER S the DEFENDANT , at 2019:00 HOURS, on the 14th day of September, 2005 at 922 BRANDYWINE WAY MECHANICSBURG, PA 17050 by handing to CHRISTOPHER CHUBB 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 18.00 Service 8.80 Affidavit .00 Surcharge 10.00 .00 36.80 Sworn and Subscribed to before me this J3 day of t U A.D. r Pr ota So Answers: R. Thomas Kline 09/15/2005 PHELAN HALLINAN SCHMIEG By : Deputy She iff SHERIFF'S RETURN - REGULAR CASE NO: 2005-04498 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS CHUBB CHRISTOPHER S ET AL RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CHUBB JODI A AKA JODI A HOVERTER AKA JODI A DICKEY the DEFENDANT , at 2019:00 HOURS, on the 14th day of September, 2005 at 922 BRANDYWINE WAY MECHANICSBURG, PA 17050 by handing to JODI CHUBB a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this a day of A.D. Pr hot ry So Answers: R. Thomas Kline 09/15/2005 PHELAN HALLINAN SCHMIEG By. Deputy Sherif PHELAN HALLINAN & SCHMIEG, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id No. One Perin Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 215 563-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO BANK, N.A., ... Court of Common Pleas Plaintiff Civil Division vs CUMBERLANDCounty CHRISTOPHER S. CHUBB No. 054498-CIVIL TERM JODI A. CHUBB PHS# 122308 Defendant PRAECIPE TO THE PROTHONOTARY: 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. X Please withdraw the complaint and mark the action discontinued and ended without prejudice. r Date: October 15, 2008 F ands Hallinan Attorney for Plaintiff c? ? ;? D c r - cn ---I c- rn --