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Home My WebLink About06-4264 .. PHELAN 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 (215) 563.7000 110396 WELLS FARGO BANK, N.A., S/BIM TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEYIEW BOULEY ARD FORT MILL, SC 29715 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CNIL DNISION TERM NO,Ol.:.-l../JL.tj {!.;u~L~~ CUMBERLAND COUNTY v, CHRISTOPHER M, UMBERGER MICHELLE A, HAWK 12 WEST MAIN STREET NEWKlNGSTOWN,PA 17072 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 HA VB A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HlRlNG 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 #: 110396 . File #: 11 0396 IF TillS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM TillS 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. . 1. Plaintiff is WELLS FARGO BANK, N.A., SIB/M TO WELLS FARGO HOME MORTGAGE, INC, 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2, The name(s) and last known addressees) of the Defendant(s) are: CHRISTOPHER M, UMBERGER MICHELLE A. HAWK 12 WEST MAIN STREET NEW KlNGSTOWN, PA 17072 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described, 3, On 09/20/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to EQUITY ONE, INCORPORATED which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1734, Page: 3181. By Assignment of Mortgage recorded 10/01/2001 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No, 681, Page 1931. 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 01/01/2006 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 #: 11 0396 . 6, The following amounts are due on the mortgage: Principal Balance futerest 12/01/2005 through 07/25/2006 (per Diem $16,67) Attorney's Fees Cumulative Late Charges 09/20/200 I to 07/25/2006 Cost of Suit and Title Search Subtotal $94,463,25 3,950,79 1,225,00 0.00 $ 550,00 $ 100,189,04 Escrow Credit Deficit Subtotal TOTAL -1,203,34 0,00 $- 1.203.34 $ 98,985,70 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 Sheriff's Sale, If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8, Notice offutention 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 $50,000. WHEREFORE, PLAINTIFF demands an in!Ml Judgment against the Defendant(s) in the sum of$ 98,985,70, together with interest from 07/25/2006 at the rate of $16,67 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, PHELAN HALLINAN & SCHMIEG, LLP By: /2~L~ LAWRENCE T, PHELAN, ESQUIRE FRANCIS S, HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 110396 ~ ~ LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel ofJand and premises situate, lying and being in the Village of New Kingstown in the Township of Silver Spring in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the northern side of Main Street, also known as US Route II {'Carlisle Pike') in the Village of New Kingstown at corner of lot of ground now or formerly of Robert Bear; thence along said latter lot in a northerly direction a distance of 182 feet to a public alley; thence along said public alley in an easterly direction a distance of 41 feet to a lot now or formerly of George Lesher; thence by the latter lot in a Southerly direction a distance of 182 feet to said Main Street; thence by the northern side of Main Street in a westerly direction a distance of 41 feet to the place of BEGINNING, BEING improved with a three story brick dwelling house with a two story frame building on the rear of the lot, said premises being known and numbered as 12 West Main Street, New KIngstown, P A 17072, BEING the same premises which Charles W, Staab and Melanie S, Staab, husband and wife, by their deed dated October 31,2000, and recorded November 2,2000, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 233, Page 130, granted and conveyed unto Michelle Hawk, Grantor herein, File #: 110396 ,~ VF.RTF1C' A TTON FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attomey 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 state!Dent is made subject to the penalties of 18 Pa, C.S. Sec. 4904 relating to unsworn falsification to authorities. hJlfL- Dm, ~5~ FRANCIS S, HALLINAN, ESQUIRE Attorney for Plaintiff l ~ ~ - D () ~ ~ rr! ~ (-ft _-co, 1',", !'''-.,Y .<. \,,;") ~ " 8 "'} ~1 ::'-;'> ....~ I ).. i ..,) t,'_'. en PHELAN HALLINAN & SCHMIEG, UP . Lawrence T. Phelan, Esq., Id. No. 32227 Francis $, Hallinan, Esq., Id. No. 62695 Daniel G, Schmieg, Esq" Id No, 62205 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., sIb/m to Wells Fargo Home Mortgage, Inc. ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division Plaintiff vs, Christopher M, Umberger Michelle A. Hawk Defendant( s) : Cumberland County : No, 06-4264 TO THE PROTHONOTARY: PRAECIPE 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: ~/ Ie fa I' I ~tflt' .r,~ Francis S. Hallinan Attorney for Plaintiff PHS # 110396 Q c ;;:: -0("(:' r1"1{',1 Z.':ri Zr (f]'J;, a:e ". -_. '""71.._ ~CJ >c ~ ,.." = ~ ~ G"> ~ ~~ -;: ~o 531 5?rl ~ -0 ::J: 'i? N CI' SHERIFF'S RETURN - REGULAR CASE NO: 2006-04264 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS UMBERGER CHRISTOPHER ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon UMBERGER CHRISTOPHER M the DEFENDANT , at 0909:00 HOURS, on the 31st day of July , 2006 at 12 WEST MAIN STREET NEW KINGSTON, PA 17072 by handing to CHRISTOPHER UMBERGER 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 Sworn and 18.00 5.28 .00 10.00 .00 33.28 :/ 0/;. 6ff)~ C)v- Subscibed to So Answers: ?'~~ R. Thomas Kline 09/06/2006 'PHELAN HALLINAN SCHMIEG By: i/~' ~ Deputy Sheriff -- before me this day of A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-04264 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS UMBERGER CHRISTOPHER ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT HAWK MICHELLE A but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , HAWK MICHELLE A 12 WEST MAIN STREET NEW KINGSTON, PA 17072 DEFENDANT MOVED OUT OVER A YEAR AGO. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .00 21.00 /, ~ CJ(as(ot, Subscribed to before . Thomas Kline ff of Cumberland County ELAN HALLINAN SCHMIEG 09/06/2006 Sworn and day of me this A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-04264 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS UMBERGER CHRISTOPHER ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: UMBERGER CHRISTOPHER M but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On September 6th, 2006 , this office was ln receipt of the attached return from DAUPHIN 6.00 9.00 10.00 Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Postage County Sworn and subscribe to before me day of this A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-04264 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS UMBERGER CHRISTOPHER ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: HAWK MICHELLE A but was unable to locate Her deputized the sheriff of DAUPHIN in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On September 6th, 2006 , this office was in receipt of the 6.00 .00 10.00 .00 .00 16.00 ;- 09/06/2006 PHELAN HALLINAN SCHMIEG attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Sworn and subscribe to before me this day of A.D. County In The Court of Common Pleas of Cumberland County, Pennsylvania Wells Fargo Bank, NA vs. Christopher M. Umberger Michelle A. Hawk 1049 Powell' s Valley Road Halifax, P A No. 2006-4264 Civil Term Now, July 28, 2006, I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk ofthe Plaintiff. <~.~~ Sheriff of Cumberland 'County, P A Affidavit of Service Now, ,20_, at o'clock _M, served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, P A Sworn and subscribed before me this day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ @Hic~ llf tq~ ~lt~:riff William T. Tully Solicitor Charles E. Sheaffer Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania WELLS FARGO BANK NA vs County of Dauphin HAWK MICHELLE Sheriff's Return No. 1285-T - -2006 OTHER COUNTY NO. 06-4264 AND NOW:August 3, 2006 at 11: 50AM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon HAWK MICHELLE by personally handing to EILEEN HAWK MOTHER OF DEFENDANT 1 true attested copy(ies) of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 6110 SPRINGFORD DRIVE APT D2 HARRISBURG, PA 00000-0000 Sworn and subscribed to So Answers, JR~ before me this 28TH day of AUGUST, 2006 Sheriff of Dauphin County, Pa. ~ By ~~tJ~ NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1,2006 Deputy Sheriff Sheriff's Costs: $49.25 PD 07/31/2006 RCPT NO 220000 WONG @Hice of t4~ ~1r~riff William T. Tully Solicitor Charles E. Sheaffer Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania WELLS FARGO BANK NA vs County of Dauphin HAWK MICHELLE Sheriff's Return No. 1285-T - -2006 OTHER COUNTY NO. 06-4264 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for UMBERGER CHRISTOPHER M the DEFENDANT named in the within COMPLAINT IN MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same HOT FOUND, August 3, 2006 NEED BETTER ADDRESS; PER EILEEN HAWK, DEFENDANT IS EX-SON-IN-LAW; HE NOW LIVES ON MAINSTREET, NEW KINGSTOWN, PA (CARLISLE AREA) Sworn and subscribed to So Answers, JK~ before me this 28TH day of AUGUST, 2006 ~ Sheriff of Dauphin County, Pa. By ~v~ Deputy Sheriff Sheriff's Costs: $49.25 PD 07/31/2006 RCPT NO 220000 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept 1,2006 WONG