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Home My WebLink About06-6025PHELAN 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 73206 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 Plaintiff V. STEPHEN C. NIGRO KIMBERLY L. NIGRO 331 CHARLES ROAD MECHANICSBURG, PA 17055 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO- 64. -4o V 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 #: 73206 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 #: 73206 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 The name(s) and last known address(es) of the Defendant(s) are: STEPHEN C. NIGRO KIMBERLY L. NIGRO A/K/A KIMBERLY LOUISE RAMMEL 331 CHARLES ROAD MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 06/30/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to GATEWAY FUNDING DIVERSIFIED MORTGAGESERVICES, L.P. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1554, Page: 941. By Assignment of Mortgage recorded 07/02/1999 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 618, Page 141. 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 11/01/2005 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 #: 73206 6. The following amounts are due on the mortgage: Principal Balance $91,439.77 Interest 10/01/2005 through 10/10/2006 6,933.75 (Per Diem $18.49) Attorney's Fees 1,250.00 Cumulative Late Charges 401.61 06/30/1999 to 10/10/2006 Cost of Suit and Title Search 550.00 Subtotal $ 100,575.13 Escrow Credit 0.00 Deficit Subtotal 1,796.60 $ 1.796.60 TOTAL $ 102,371.73 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. 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 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 102,371.73, together with interest from 10/10/2006 at the rate of $18.49 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. PHELA ALLINAN & SCHMIEG, LLP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 73206 LEGAL DESCRIPTION ALL THAT CERTAIN house and lot of ground situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the East side of Charles Road (fifty (50) feet wide) as shown on the hereinafter mentioned Pan of Lots, at the dividing line between Lots No. 9 and 10, Block C on said Plan; thence Eastwardly along said di l viding line and Lot No. 8, a distance of one hundred twenty (120) feet to a point; thence Northwardly on a line parallel with Charles Road, a distance of sixty-five (65) feet to Lot No. 11, Block C; thence Westwardly along said Lot No. 11, Block C, a distance of one hundred twenty (120) feet to the East side of Charles Road; thence Southwardly along Charles Road, a distance of sixty-five (65) feet to Lot No. 9, Block 'C' at the point and place of BEGINNING. BEING Lot No. 10, Block C, on Plan No. 1 of Del-Brook Manor, which Plan is recorded in the Cumberland Coun Recorder's Office in Plan Book No. 6, Page 42. tY BEING known and numbered as 331 Charles Road, Mechanicsburg, Pennsylvania. BEING the same premises which William M. Dillman, and Susan C. Dillman, his wife, by their deed dated November 2, 1990, and recorded November 7, 1990, in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Deed Book V34, Page 1188, granted and conveyed unto Barry F. Gulden, on the Grantors herein. File #: 73206 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. 4904 relating to unswom falsification to authorities. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. DATE: /G O FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff c? c ? w A? r C7 'T1 C 71, _? t?F SHERIFF'S RETURN - REGULAR CASE NO: 2006-06025 P 6 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS NIGRO STEPHEN C ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon NIGRO STEPHEN C the DEFENDANT , at 1918:00 HOURS, on the 26th day of October , 2006 at 331 CHARLES ROAD MECHANICSBURG, PA 17055 by handing to STEPHEN NIGRO 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: So Answers: Docketing 18.00 Service 12.32 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 40.32,/ 10/27/2006 it/o?iloG PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: 1%?W-) 4- before me this day eputy Sheriff of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-06025 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS NIGRO STEPHEN C ET AL BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon NIGRO KIMBERLY L AKA KIMBERLY LOUISE NIGRO DEFENDANT the , at 1918:00 HOURS, on the 26th day of October , 2006 at 331 CHARLES ROAD MECHANICSBURG, PA 17055 by handing to STEPHEN NIGRO, 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: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 / R. Thomas Kline .00 16.00 J 10/27/2006 )0 /o G PHELAN HALLINAN S H Sworn and Subscibed to By: t before me this day Deputy Sheriff of A. D. 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 Attorney For Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A., S/B/M TO Court of Common Pleas WELLS FARGO HOME MORTGAGE, INC., . F/K/A NORWEST MORTGAGE, INC. Civil Division Plaintiff vs : CUMBERLAND County : I No. 06-6025-CIVIL TERM STEPHEN C. NIGRO KIMBERLY L. NIGRO Defendant PRAECIPE TO THE PROTHONOTARY: X Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. Date: October 20, 2009 PHELAN HALL LP By: ence T. Ph , Id. No. 27 Francis S. H , 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 PHS# 73206 Attorneys for Plaintiff (7j= ^ n ss HE 2009 OC T 21 A'l 11: 10