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Home My WebLink About08-5500PHELAN 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 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 MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 183775 WELLS FARGO FINANCIAL PENNSYLVANIA, INC. 4137 121ST STREET URBANDALE, IA 50323 V. Plaintiff THOMAS P. SABOL KIMBERLY A. SABOL A/K/A KIMBERLY A. BOUTELLE 187 FAITH CIRCLE CARLISLE, PA 17013 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM 0.tT NO. 10L sztn CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 183775 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 #: 183775 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 File #: 183775 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 #: 183775 1. Plaintiff is WELLS FARGO FINANCIAL PENNSYLVANIA, INC. 4137 121ST STREET URBANDALE, IA 50323 2. The name(s) and last known address(es) of the Defendant(s) are: THOMAS P. SABOL KIMBERLY A. SABOL A/K/A KIMBERLY A. BOUTELLE 187 FAITH CIRCLE CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/23/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1933, Page 323. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(8); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 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 08/29/2007 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 #: 183775 6. Principal Balance $94,355.26 Interest $9,051.64 07/29/2007 through 09/12/2008 (Per Diem $21.97) Attorney's Fees $1,250.00 Cumulative Late Charges $0.00 11/23/2005 to 09/12/2008 Cost of Suit and Title Search 550.00 Subtotal $105,206.90 The following amounts are due on the mortgage: Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $105,206.90 7 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 183775 9. 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. 10. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $105,206.90, together with interest from 09/12/2008 at the rate of $21.97 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: WNCIS. LAN, ESQUIRE LINAN, ESQUIRE MIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 183775 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land with the improvements thereon erected, situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEING Lot No. 93 on the Plan of Kingsbrook, Section 4, as recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 28, Page 148, and containing 50 feet on the West along Faith Circle, containing 171.42 feet on the South along Lot No. 94 on said Plan, containing 50 feet on the East along Section 3 of the Plan of Kingsbrook, and containing 171.58 feet on the North along land now or formerly of John J. Collins and Mariann A. Collins. CONTAINING 8,574.81 square feet. BEING improved with a dwelling known as 187 Faith Circle, Carlisle, Pennsylvania. SUBJECT to the building and use restrictions as recorded in the Office of the Recorder of Deeds of Cumberland County in Miscellaneous Book 184, Page 763. BEING THE SAME PREMISES which John J. Collins and Mariann A. Collins, his wife, by Deed dated January 11, 1985 and recorded May 16, 1985 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book G, Volume 31, Page 368, granted and conveyed unto John W. Houpt and Helen L. Houpt, his wife, Grantors herein. PARCEL ID NO.: 29-14-0868-110 File #: 183775 VERIFICATION I hereby state that I am the 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 I am 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 my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. *Ormnf:orlaintiff DATE:-J-- /,12- e1w V FT; t ? ? ? t i ICV) SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-05500 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARAGO FINANCIAL PENNA VS SABOL THOMAS P 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 unable to locate Him in his bailiwick. P1P ..1 T T TTTT Wx/-%nT 'mt,%nu u was He therefore returns the NOT FOUND , as to the within named DEFENDANT 187 FAITH CIRCLE SABOL THOMAS P CARLISLE, PA 17013 PER KIMBERLY, DEFENDANT LIVES AT 7711 ALTLAND AVENUE ABBOTTSTOWN, PA 17301. Sheriff's Costs: Docketing 18.00 Service 5.00 Not Found 5.00 Surcharge 10.00 00 l o/b Y/o F9,-,V 38. 0 0 So answer. R. Thoma Kline Sheriff of Cu erland County PHELAN HALLINAN SCHMIEG 09/19/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-05500 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARAGO FINANCIAL PENNA VS SABOL THOMAS P ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SABOL KIMBERLY A A/K/A BOUTELLE KIMBERLY A the DEFENDANT , at 1457:00 HOURS, on the 19th day of September, 2008 at 187 FAITH CIRCLE CARLISLE, PA 17013 by handing to 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 Subscibed to before me this day of , So Answers: R. Thomas Kline 09/19/2008 PHELAN HALLINAN SCHMIEG By: -- Deputy Sheriff A. D. Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO FINANCIAL PENNSYLVANIA, INC. Plaintiff vs. THOMAS P. SABOL KIMBERLY A. SABOL A/K/A KIMBERLY A. BOUTELLE Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY : No. 08-5500 CIVIL TERM PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: January 15, 2009 PHELAN HALLIN M&SCHMIEG, LLP By: Fr cis s S. Hallinan, squire Lawrence T. Phelan, Esquire Daniel G. Schmieg, Esquire Attorneys for Plaintiff /jmr, Svc Dept. File# 183775 c-?,,,,,.? ``? ? o r? .? ?? n ? ` \ ? .???.++ ?ry J; ^p .,,,+' ^xil`^ ?\ ? t 'w ?,, R ,TM : ? 4...f j£?s ?\ , ?. r i .? \ y ?' h ? ?' ?? _ ? --i y ?,,, \ y Y r?, ? ? «?C ?-.._, SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-05500 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARAGO FINANCIAL PENNA VS SABOL THOMAS P 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: but was unable to locate Him deputized the sheriff of ADAMS serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On January 30th , 2009 , this office was in receipt of t attached return from ADAMS Sheriff's Costs: So answers: _ Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Postage .93 Sheriff of Cumberland County .00 37.93 01/30/2009 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of in his bailiwick. He therefore A. D. h l 01 WV 9- 833 600t AbViONOH 108,d 3 13Q DANIEL M. LOUDERMILK, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08 - 5505 CIVIL ANTONIA E. LOUDERMILK, : CIVIL ACTION - LAW Defendant : DIVORCE AFFIDAVIT OF SERVICE I, LINDA A. CLOTFELTER, Esquire, under penalties of purgery hereby certify that I served upon by facsimile and United States first class mail addressed as follows to Harry Baturin the Order of Court dated January 30, 2009, scheduling a hearing for February 6, 2009 at 11:00 a.m. I understand that the statements herein are made subject to 18 Pa. Cons. Stat. Ann. § 4904 relating to unsworn falsification to authorities and that criminal penalties are provided thereunder for false statements. Respectfully submitted, Dated: LAW OFFICE OF LINDA A. CLOTFELTER L' da A. Clotfeltet, Esquire orney ID No. 72963 5021 East Trindle Road, Suite 1 Mechanicsburg, PA 17050 telephone (717) 796-1930 facsimile (717) 796-1933 0 - ... DANIEL M. LOUDERMILK, Plaintiff, VS. ANTONIA E. LOUDERMILK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 5505 CIVIL CIVIL ACTION - LAW DIVORCE CERTIFICATE OF SERVICE AND NOW, this ih day of February, 2009, the undersigned hereby certifies that a true and correct copy of the foregoing AFFIDAVIT OF SERVICE was served upon the opposing party by Facsimile and United States First Class Mail, postage prepaid, addressed as follows: Harry Baturin, Esquire 2604 N. Second Street Harrisburg, PA 17110 Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER nda A. Clotfelter, Esquire . ttorney ID No. 72963 i021 1 East Trindle Road, Suite Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile ha T'n co m t r rn DANIIEL M. LOUDERMILK, Petitioner V. ANTONIA E. LOUDERMILK, Respondent IN THE COURT OF COMMON PLEAS OF. CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5505 CIVIL TERM CIVIL ACTION - LAW DIVORCE ORDER OF COURT AND NOW, this 6th day of February, 2009, the parties having reached an interim agreement which they have articulated for the record, this matter is continued to May 8, 2009, at 11:00 a.m. Pending said continued hearing, it is hereby ordered and directed as follows: 1. The parties shall immediately list the home for sale with Michael Stansfield or another Realtor mutually agreeable to them. 2. Pending said further hearing, wife shall have exclusive possession of the marital dwelling. 3. The parties shall abide by the other terms of their interim agreement as articulated in court. By the Court, rr Edward E. Guido, J. Harry M. Baturin, Esquire F r the Petitioner Linda A. Clotfelter, Esquire For the Respondent Sheriff / arj-CG ? 'y 1 srs 00 s4 qd 9- 83360DZ U jilt-10-03711U Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO FINANCIAL PENNSYLVANIA, INC. Plaintiff vs. THOMAS P. SABOL KIMBERLY A. SABOL A/K/A KIMBERLY A. BOUTELLE Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY : No. 08-5500 CIVIL TERM PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: March 3, 2009 PHELAN HALLINA & SCHMIEG, LLP By. _ Francis S. Hallinan, Esquire Lawrence T. Phelan, Esquire Daniel G. Schmieg, Esquire Attorneys for Plaintiff /jmr, Svc Dept. File# 183775 M 11 ca Ica r7i c? sj S R Thomas Kline Sheriff Ronny R Anderson Chief Deputy s Office of Cumberland County 4 e1tr al It IN b ? c3FFr,:E C:c 7HE S?ERtFr` Edward L Schorpp Solicitor Jody S Smith Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/13/2009 R. Thomas Kline, Sheriff w being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Thomas P. Sabol, but was unable to locate him in his bailiwick. He therefore dep tized the Sheriff of York County, PA to serve the within Complaint In Mortgage Foreclosure according to la. 03/25/2009 R. Thomas Kline, Sheriff, w o being duly sworn according to law, states that he made a diligent search and inquiry for the within n ed defendant(s), to wit: Thomas P. Sabol, 7711 Altland Avenue, Abbottstown, PA, 17301, b t was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylva is to serve the within Complaint in Mortgage Foreclosure according to law. York County Return: And Pennsylvania, do herby ce Foreclosure, upon the with P. Sabol personally, at 77 handing to him personally SHERIFF COST: $37.00 aoo8- 55cx:l April 13, 2009 ow March 25, 2009 I, Richard P. Keuerleber, Sheriff of York County, ify and return that I served a true copy of the within Complaint in Mortgage 1 named defendant, to wit: Thomas P. Sabol by making known unto Thomas 1 Altland Avenue, Abbottstown, PA 17301, its contents and at the same time ie said true and correct copy of the same. SO ANSWERS, R THOMAS KLINE, SHERIFF C? ? p - ? ? ftt„ m ! rti ? `i C7 ? ? C.rl "C t11 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 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO FINANCIAL PENNSYLVANIA, INC Plaintiff Court of Common Pleas . I Civil Division CUMBERLAND County vs THOMAS P. SABOL KIMBERLY A. SABOL A/K/A KIMBERLY A. BOUTELLE : I No. 08-5500 CIVIL TERM PHS# 183775 Defendant TO THE PROTHONOTARY: PRAECIPE Please mark the above referenced case Discontinued and Ended without prejudice. X 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 withdr e complaint and mark the action discontinued and ended witho vreiu i Date: A12ri114, 2009 Francis S. HallinaYi ' Attorney for Plaintiff OF THE PROTHONI O "ARY 2009 APR 16 AM 9: 59 Ci;ts?4,