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Home My WebLink About09-1934Phelan 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 200975 WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff v SERAPHIM LASKOWSKI SPIRIDOULA LASKOWSKI 702 PETERSBURG ROAD, CARLISLE, PA 17015-9231 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 09 - /9.3y el w; , ! glL.h'1 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 200975 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 (717) 249-3166 File #: 200975 1. Plaintiff is WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: SERAPHIM LASKOWSKI SPIRIDOULA LASKOWSKI 702 PETERSBURG ROAD, CARLISLE, PA 17015-9231 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/26/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to WASHINGTON MUTUAL BANK, FA. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1907, Page 2488. By Assignment of Mortgage recorded 01/12/2007 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 0733, Page 2448. 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(g); 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. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2008 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 ##: 200975 6. The following amounts are due on the mortgage: Principal Balance $119,448.99 Interest $3,596.64 10/01/2008 through 03/26/2009 (Per Diem $20.32) Attorney's Fees $1,300.00 Cumulative Late Charges $151.85 04/26/2005 to 03/26/2009 Property Inspections $30.00 Mortgage Insurance Premium / $98.00 Private Mortgage Insurance Cost of Suit and Title Search 750.00 Subtotal $125,375.48 Escrow Credit ($372.50) Deficit $0.00 Subtotal 372.50 TOTAL $125,002.98 7. 8. 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 #: 200975 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. 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 $125,002.98, together with interest from 03/26/2009 at the rate of $20.32 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 INAN & SCHMIEG, LLP By. 2p?3`?71 Lawrence . Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, 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 J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Attorneys for Plaintiff File 4: 200975 LEGAL DESCRIPTION THE FOLLOWING DESCRIBED REAL PROPERTY SITUATE IN THE CITY OF CARLISLE, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA, TO WIT: BEGINNING AT A POINT IN THE CENTER OF A PUBLIC Road LEADING FROM BOILING SPRINGS TO CRAIGHEND, KNOWN LOCALLY AS THE YORK Road, AS THE CORNER OF LANDS NOW OR FORMERLY OF SIMON D. WISE AND JULIA A. WISE; THENCE BY THE LANDS NOW OR FORMERLY OF SIMON D. WISE AND JULIA A. WISE, South 20 DEGREES 15 MINUTES East, A DISTANCE OF 271.5 FEET, MORE OR LESS TO AN IRON PIN; THENCE BY THE SAME South 2 1/2 DEGREES East, A DISTANCE OF 20 FEET TO A STEEL PIN; THENCE BY LANDS NOW OR FORMERLY OF FRANCIS L. AND KATHRYN J. ALBRIGHT, Eastwardly 163 FEET, MORE OR LESS, TO A STEEL PIN IN THE CENTER OF A PUBLIC Road, KNOWN LOCALLY AS THE PETERSBURG Road; THENCE BY THE CENTER LINE OF THE SAID PETERSBURG Road, North 31 DEGREES West, A DISTANCE OF 305 FEET, MORE OR LESS, TO THE CENTER OF THE AFORESAID YORK Road, THENCE BY THE CENTER LINE OF SAID YORK Road, South 75 DEGREES 45 MINUTES West, A DISTANCE OF 148.6 FEET, MORE OR LESS, TO A POINT, THE PLACE OF BEGINNING, BEING KNOWN AND NUMBERED AS 702 PETERSBURG Road, CARLISLE, PENNSYLVANIA. BY FEE SIMPLE DEED FROM WILLIAM J. JOHNSTON-WALSH AND LUCILLE J. JOHNSTON- WALSH, HIS WIFE AS SET FORTH IN DEED BOOK 224, PAGE 363 AND RECORDED ON 6/29/2000, CUMBERLAND COUNTY RECORDS. PARCEL NO: 40-11-0286-015 PROPERTY ADDRESS: 702 PETERSBURG ROAD File #: 200975 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 the 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 unsworn falsifications to authorities. DATE: 0 ?" l e7'Oz331 Q ? - l 4 n Cy Z cn .[J _7Z N -..1 T r 0 Sheriffs Office of Cumberland County R Thomas Kline ???tr of ??+iul?er Edward L Schorpp Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy Cv' ? Qz ?J -HE s <R!FF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/30/2009 07:15 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March 30, 2009 at 1815 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the with named defendant, to wit: Seraphim Laskowski, by making known unto himself personally, defendant at 70: Petersburg Road Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. 03/30/2009 07:15 AM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March 30, 2009 at 1815 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the with named defendant, to wit: Spirdoula Laskowski, by making known unto herself personally, defendant at 70; Petersburg Road Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $48.50 March 31, 2009 2009-1934 WELLS FARGO BANK, NA VS SERAPHIM LASKOWSKI SO ANSWERS, R THOMAS KLINE, SHERIFF By eputy S eriff FUD-s ICE OF THE PPOTfiMTARY 2004 APR -2 PM 3: 3 a CUII, 3w:?t? ,, a ? JOfJINTY 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 BANK, NA Court of Common Pleas Plaintiff Civil Division vs CUMBERLAND County SERAPHIM LASKOWSKI No. 09-1934 CIVIL TERM SPIRIDOULA LASKOWSKI PHS# 200975 Defendant 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 prejudiced Date: April 7, 2009 Francis S. B Attorney for R., -offic E OF 7W P:?v OM 2009 APR -8 Al's 11: 0a GOUNTY