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Home My WebLink About09-2498Phelan 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 203034 WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. MICHAEL A. CLARK 4 SOUTH SAINT JOHNS ROAD, A/K/A 4 SAINT JOHNS CHURCH ROAD SHIREMANSTOWN, PA 17011-6821 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 6y- ?y9 S?? cIv, CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 203034 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 #: 203034 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: MICHAEL A. CLARK 4 SOUTH SAINT JOHNS ROAD, A/K/A 4 SAINT JOHNS CHURCH ROAD SHIREMANSTOWN, PA 17011-6821 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/12/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR SLM FINANCIAL CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1965, Page 4977. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 05/01/2008 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 #: 203034 6. The following amounts are due on the mortgage: Principal Balance $107,634.50 Interest $8,167.16 04/01/2008 through 04/17/2009 (Per Diem $21.38) Attorney's Fees $1,325.00 Cumulative Late Charges $74.52 09/12/2006 to 04/17/2009 Mortgage Insurance Premium / $71.01 Private Mortgage Insurance Cost of Suit and Title Search 750.00 Subtotal $118,022.19 Escrow Credit $0.00 Deficit $1,170.62 Subtotal $1,170.62 TOTAL $119,192.81 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 File #: 203034 discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $119,192.81, together with interest from 04/17/2009 at the rate of $21.38 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. _ q vd3 La nce T. 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 Joshua I. Goldman, Esquire Attorneys for Plaintiff File #: 203034 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of ground situate in the Borough of Shiremanstown, County of Cumberland. Commonwealth of Pennsylvania, more particularly bounded and described according to survey of D.P. Raffensperger, Registered Surveyor, dated February 14, 1957, as follows: BEGINNING at a point on the Western side of St. Johns Church Road, one hundred nineteen and sixty one-hundredths (119.60) feet North of the intersection of St. Johns Church Road and Green Street, also at the dividing line between Lots Nos. 24 and 25 on hereinafter mentioned Plan of Lots; thence South seventy-seven (77) degrees seven (07) minutes West along the same and along Lot No. 29 on said Plan, one hundred twenty (120) feet to a point at the dividing line between Lots Nos. 25 and 32 on said Plan; thence North twelve (12) degrees fifty-three (53) minutes West along the same sixty-seven and twenty-eight one-hundredths (67.28) feet to a point on the Southern side of Courtland Alley; thence Eastwardly along the same ninety-three and twenty-three one-hundredths (93.23) feet to a point on the Western side of St. Johns Church Road; thence Southwardly along the same sixty-eight and fifty-three one-hundredths (68.53) feet to a point, the Place of BEGINNING. BEING lot No. 25 on Plan of Lots known as Orchard Hills, recorded in Plan Book 6, Page 22, Cumberland County records. HAVING thereon erected a one and one-half story brick and frame dwelling house known as No. 4 St. Johns Church Road. A0 Z/ 50 077 SN NT j"0*1V,5 RO/9-6 File M 203034 BEING THE SAME PREMISES WHICH George Washington Steever, Jr., and Dorothy M. Steever, his wife, by their Deed dated April 05, 2004, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on April 30, 2004, in Deed Book 262, Page 3752, granted and conveyed unto George Washington Steever, Jr., Grantor herein. IT ALSO BEING THE SAME PREMISES WHICH George Washington Steever, Jr., by his Deed dated September 12, 2006, and about to be recorded in the Office of the Recorder Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Michael A. Clark, Mortgagor herein. PARCEL NO. 37-23-0555-323 ADDRESS: 4 SOUTH SAINT JOHNS ROAD AKA y S?? NT- yD ftA) s ( Ht)904 Rcwj File #: 203034 VERIFICATION I hereby states that I am the attorney for the 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 unsworn falsifications to authorities. Attey for Plaintiff DATE: _ -7r O I File #: 203034 L?? FILET-Oi-F!'E OF THE- ;"7lR!07 RY 2HIJAPR 21 f:-i10: 17 r'y g 7 g' 5-6 f °t, a,?-7 l CO- 717 Sheriffs Office of Cumberland County R Thomas Kline a,tint, ofic?nbrrf Edward L Schorpp Sheri " Solicitor Ronny R Anderson f° Jody S Smith Chief Deputy OFFICE OF 71E skERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/22/2009 04:25 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on April 22, 2009 at 1625 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Michael A. Clark, by making known unto himself personally, defendant at 4 South Saint Johns Road Shiremanstown, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $39.70 S?O' ANSWERS, April 23, 2009 2009-2498 Wells Fargo Bank, NA VS Michael A. Clark R THOMAS KLINE, SHERIFF By-- eputy Sheriff M ?J cUM David D. Buell" 1,44 s levee X Simpson Prothonotary _ D 1s` Deputy Prothonotary ° =- f z 7�irkS. Sohonage, ES Irene E. Morrow Solicitor „so 2nd Deputy Prothonotary Office of the Prothonotary Cum6ertand-County, (Pennsylvania 69- 2!/93 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE-THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, SPA 17013 • (717)240-6195 • rFav(717)240-6573