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Home My WebLink About06-1822PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (2151 563-7000 131114 WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION, SOLELY IN ITS CAPACTFY AS TRUSTEE, UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 2000, HOME EQUITY LOAN ASSET BACKED CERTIFICATES, SERIES 2000-1 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 Plaintiff V. SHAWN D. BURKE PATRICIA A. BURKE 2167 CANTERBURY DRIVE MECHANICSBURG, PA 17055 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO.O? (flute L CUMBERLAND COUNTY 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, PA 17013 (800)990-9108 File #: 131t14 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. File M 131114 Plaintiff is WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION, SOLELY IN ITS CAPACTIY AS TRUSTEE, UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 2000, HOME EQUITY LOAN ASSET BACKED CERTIFICATES, SERIES 2000-1 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 2. The name(s) and last known address(es) of the Defendant(s) are: SHAWN D. BURKE PATRICIA A. BURKE 2167 CANTERBURY DRIVE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 12/21/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to RESOURCE ONE MORTGAGE which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1590, Page: 1100. By Assignment of Mortgage recorded 05/22/00 the mortgage was Assigned To PCFS FINANCIAL SEVICES, INC. which Assignment is recorded in Assignment Of Mortgage Book No. 644, Page 903. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 09/27/2005 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#: 131114 6. The following amounts are due on the mortgage: Principal Balance $128,675.14 Interest 9,546.54 0812712005 through 03/28/2006 (Per Diem $44.61) Attorney's Fees 1,250.00 Cumulative Late Charges 281.56 12/27/1999 to 03/28/2006 Cost of Suit and Title Search 550.00 Subtotal $ 140,303.24 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $ 140,303.24 7. 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. 8. 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 $ 140,303.24, together with interest from 03/28/2006 at the rate of $44.61 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. PHEL HALLINAN && SC/H??YEG X11` By: /s/Francis S. allinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File#: 131114 LEGAL DESCRIPTION ALL that certain piece, parcel or lot of land situate in Upper Allen Township, Cumberland County, Pennsylvania, and bounded and described as follows: BEGINNING at a point which is located on the Northern right-of-way line of Canterbury Drive (50.00 feet wide), said point being located at the Southeastern comer of Lot No. 58; then along said right-of=way line South 38 degrees 55 minutes 59 seconds West, for a distance of 80.00 feet, to a point which is located at the Southeastern comer of Lot No. 59; then along the Eastern boundary line of Lot No. 59 North 51 degrees 04 minutes 01 second West, for a distance of 130.00 feet, to a point in line of other lands now or formerly of The McNaughton Company; then along said other lands of The McNaughton Company North 38 degrees 55 minutes 59 seconds East, for a distance of 54.86 feet, to a point; the North 28 degrees 37 minutes 20 seconds East for a distance of 25.55 feet, to a point in line of other lands now or formerly of The McNaughton Company; then along said other lands now or formerly of The McNaughton Company South 51 degrees 04 minutes 01 second East, for a distance of 134.54 feet, to a point and the place of BEGINNING. This piece, parcel or lot of land consists of approximately 10,455 square feet of land, and is known and numbered as Lot No. 58 on the Final Subdivision Plan for Canterbury Estates, Phase 3, which is recorded in Cumberland County in Plan Book 66, Page 77. UNDER AND SUBJECT TO: (a) Any and all easements, licenses, exceptions, reservations, covenants, agreements, conveyances and restrictions which affect the premises and are visible by inspection of the premises. (b) Any and all easements, licenses, exceptions, reservations, covenants, agreements, conveyances and restrictions contained in any and all prior agreements, leases, deeds, grants and conveyances affecting the premises. (c) The Declaration of Covenants and Restrictions which is recorded in the office of The Recorder of Deeds for Cumberland County in Record Book 467, Page 1129, as may be applicable to the premises. BEING PART OF THE SAME PREMISES which Francis C. McNaughton, Margaret M. McNaughton and Peter J. Ressler, t/d/b/a Midpenn Estates; Joseph J. Chwastyk and Charlotte P. Cramer, granted and conveyed to The McNaughton Company, a Pennsylvania Corporation, by deed which is dated February 14, 1987 and recorded in Cumberland County in Deed Book 32N, Page 593 and Deed Book 33Y, Page 828. PROPERTY BEING: 2167 CANTERBURY DRIVE File #: 131114 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 on 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 his 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 unswom falsification to authorities. ,? / )e,, - FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: a _ n w L:, ? SHERIFF'S RETURN - REGULAR CASE NO: 2006-01822 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK MINNESOTA VS BURKE SHAWN D ET AL CPL. TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BURKE SHAWN D the DEFENDANT at 2015:00 HOURS, on the 12th day of April 2006 at 2167 CANTERBURY DRIVE MECHANICSBURG, PA 17055 by handing to SHANNON BURKE, ADULT DAUGHTER 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: So Answers: Docketing 18.00 --Ovo ? i? Service 10.56 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 38.56(y 04/13/2006 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before By: me this 1day of De u y Sheriff ?1'Ltw, I A.D. / Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2006-01822 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK MINNESOTA VS BURKE SHAWN D ET AL CPL. TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BURKE PATRI the DEFENDANT , at 2015:00 HOURS, on the 12th day of April 2006 at 2167 CANTERBURY DRIVE MECHANICSBURG, PA 17055 by handing to SHANNON BURKE, ADULT DAUGHTER 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 /T ft day of . iA4?1 1004 A. D. So Answers: R. Thomas Kline 04/13/2006 PHELAN HALLINAN SCHMIEG By: ?? Deb uty Sher' f Prothonotary Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION, SOLELY IN ITS CAPACTIY AS TRUSTEE, UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 2000, HOME EQUITY LOAN ASSET BACKED CERTIFICATES, SERIES 2000-1 Plaintiff vs SHAWN D. BURKE PATRICIA A. BURKE Defendant . I Court of Common Pleas . I Civil Division . CUMBERLAND County . I No. 06-1822 PRAECIPE TO THE PROTHONOTARY: X Please mark the above referenced case Settled, Discontinued and Ended. Date: October 20, 2009 PHELAN HALLINAN By: L ence T. Phelan, o. 32 Francis S. Hallin , Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 PHS# 131114 Attorneys for Plaintiff 2099 OCr2i 0