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Home My WebLink About06-6602 PHELAN HALLINAN & SCHMIEG, LLP LA WRENCE 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 143932 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM L..,- NO. Ol- -l..f.~ C, (,J ~ L I S2. ~ CUMBERLAND COUNTY v. JASON R. WHITEHEAD MICHELLE R. WIDTEHEAD A/KJA MICHELLE D. RADNOR 4008 GOLFVIEW DRIVE MECHANICSBURG, P A 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 LA WYER, 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, P A 17013 (800)990-9108 File #: 143932 File #: 143932 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. 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: JASON R WHITEHEAD MICHELLE R WHITEHEAD A/K/ A MICHELLE D. RADNOR 4008 GOLFVIEW DRIVE MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 06/24/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to COLUMBIA NATIONAL INCORPORATED which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1820, Page: 2010. By Assignment of Mortgage recorded 07/26/2004 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 710, Page 853. 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 07/01/2006 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 #: 143932 6. The following amounts are due on the mortgage: Principal Balance Interest 06/01/2006 through 11/13/2006 (Per Diem $18.64) Attorney's Fees Cumulative Late Charges 06/24/2003 to 11/13/2006 Cost of Suit and Title Search Subtotal $127,501.56 3,094.24 1,250.00 241.45 $ 550.00 $ 132,637.25 Escrow Credit Deficit Subtotal TOTAL 0.00 139.84 $ 139.84 $ 132,777.09 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 $ 132,777.09, together with interest from 11/13/2006 at the rate of$18.64 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. PHE .. HALLINAN & SCHM. lEG, L;P. // // " ~ ~~6/~~ By: IslFrancis S. Hallinan LA WRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 143932 LEGAL DESCRIPTION ALL THA T CERTAIN tract or Parcel of land and premises, situate, lying and being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the northern right-of-way line of Golfview Road at the southwest corner of Lot No. 187; thence along said right-of-way line by a curve to the right, said curve having a radius of 1000.00 feet and an arc distance of 7.45 feet to a point; thence along the same, north 81 degrees 03 minutes 28 seconds west, 53.27 feet to a point; thence along the same by a curve to the right, said curve having a radius of35.00 feet and an arc distance of 44.55 feet to a point being the intersection of the northern right-of-way line of Golfview Road and the eastern right-of-way line ofOrr's Bridge Road; thence along the eastern right-of-way line ofOrr's Bridge Road, north 08 degrees 07 minutes 31 seconds west 81.02 feet to a point; thence along the same by a curve to the left, said curve having a radius of 915.00 feet an arc distance of 21.47 feet to a point being the southwest corner of Lot No. 107; thence along Lot No. 107, north 80 degrees 31 minutes 51 seconds east, 116.50 feet to a point being the northwest corner of Lot No. 187; thence along Lot No. 187, south 03 degrees 56 minutes 30 seconds west, 160.00 feet to a point, being the point of BEGINNING. CONTAINING 14,235 square feet, more or less. BEING Lot No. 188, as shown on a plan of Hampden Square Section I, Phase II, and recorded February 5, 1987 in the Office ofthe Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 52, Page 52. BEING THE SAME PREMISES which Ning Lu and Yang Liu, wife and husband, by their deed dated June 28, 2002, and recorded July 2, 2002, in the Office of the Recorder of Deeds for Cumberland County, in Deed Book 252, page 2302, granted and conveyed to Jason R. Whitehead, single man, and Michelle D. Radnor, single woman. AND MICHELLE D. RADNOR HAS SINCE MARRIED AND JOINS IN THIS CONVEYANCE AS MICHELLE R. WHITEHEAD. PREMISES BEING 4008 GOLFVIEW DRIVE File #: 143932 VRRTFTCA TION 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. 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. rl) k.M~ FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: IIl(].IoCo I I p ~ ~ ~ ~ (:) ~ ~ V1 1:1. ~ c" lI) ~ () ':J F! ~~ n ~ (:~ t::::::) .~_ c......,-" o II ~i:: :.;:I ~ fi1fd -ncn :-rJC<J UI.;(I.) :!~: ) ~:'-2 - :S;'~ '-.- ~ -:'_j c..n :n .-..... u-; -< ~ ~ SHERIFF'S RETURN - REGULAR CASE NO: 2006-06602 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK N A ET AL VS WHITEHEAD JASON R ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE WHITEHEAD JASON R was served upon the DEFENDANT at 1913:00 HOURS, on the 17th day of November, 2006 at 4008 GOLFVIEW DRIVE MECHANICSBURG, PA 17050 JASON WHITEHEAD by handing to 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: Docket inSJ Service Affidavit Surcharge 18.00 11.44 .00 10.00 .00 39.44.,/ L~ 1:l/O'I/t1t. Sworn and Subscibed to before me this day of So Answers: r'"~~ R. Thomas Kline 11/20/2006 PHELAN HALLINAN SCHMIEG By: . ---r - /"J ~~~ Sheriff A.D. , SHERIFF'S RETURN - REGULAR CASE NO: 2006-06602 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK N A ET AL VS WHITEHEAD JASON R ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WHITEHEAD MICHAELLE R AKA MICHELLE D RADNOR the DEFENDANT , at 1913:00 HOURS, on the 17th day of November, 2006 at 4008 GOLFVIEW DRIVE MECHANICS3URG, PA 17050 by handing to JASON WHITEHEAD, HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sworn and 6.00 .00 .00 10.0C .00 16.00/ ~ la/D 7/b (p Subscibed to So Answers: ~~ ~ R. Thomas Kline Sheriff's Costs: Docketing Service Affidavit Surcharge 11/20/2006 PHELAN HALLINAN SCHMIEG By: ~ ty Sheriff before me this day of A.D. PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, P A 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A., et al Plaintiff ATTORNEY FORPLAThITWF Court of Common Pleas Civil Division vs. Cumberland County Jason R. Whitehead Michelle R. Whitehead, a/kIa Michelle D. Radnor Defendant(s) No. 06-6602 PRAECIPE TO THE PROTHONOTARY: 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: 2/2-"3./01 I ~) ~.~ I, / Francis S. Hal}{nan, Esquire Attorney for Plaintiff "'. 143932 (") ~~ , I l"-.) = = -..I :!l: :;b> :::0 I 0'> -0 4: o " :I! rn~ -orn ZJ} y :-;0 ~:(: -rl "J!' i5~ ::-1 ~ -< o