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Home My WebLink About09-3119rv 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 204010 WELLS FARGO FINANCIAL PENNSYLVANIA, INC. MAC F4031-086 800 WALNUT DES MOINES, IA 50309 Plaintiff V. DAVID J. MARKHAM 60 FAITH CIRCLE CARLISLE, PA 17013-8872 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. a 9- 3 /l 9 Gk--J I-l _fc?? CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 204010 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 #: 204010 Plaintiff is WELLS FARGO FINANCIAL PENNSYLVANIA, INC. MAC F4031-086 800 WALNUT DES MOINES, IA 50309 2. The name(s) and last known address(es) of the Defendant(s) are: DAVID J. MARKHAM 60 FAITH CIRCLE CARLISLE, PA 17013-8872 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/07/2007 mortgagor(s) TAMI A. MARKHAM & DAVID J. MARKHAM 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. 1982, Page 2073. 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 11/12/2008 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 #: 204010 6. The following amounts are due on the mortgage: Principal Balance $127,037.37 Interest $6,552.92 10/12/2008 through 05/11/2009 (Per Diem $30.91) Attorney's Fees $1,300.00 Cumulative Late Charges $0.00 02/07/2007 to 05/11/2009 Cost of Suit and Title Search 750.00 Subtotal $135,640.29 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $135,640.29 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. 8. 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 #: 204010 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. Plaintiff hereby releases TAMI A. MARKHAM from liability for the debt secured by the mortgage. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $135,640.29, together with interest from 05/11/2009 at the rate of $30.91 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. HALLIN _,w ence 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, EsquireO3-? 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 #: 204010 LEGAL DESCRIPTION LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF MIDDLETON IN THE COUNTY OF CUMBERLAND, AND STATE OF PA AND BEING DESCRIBED IN A DEED DATED 03/09/2001 AND RECORDED 03/28/2001 IN BOOK 241 PAGE 772 AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, AND REFERENCED AS FOLLOWS: BOUNDED AND DESCRIBED IN ACCORDANCE WITH A SURVEY BY STEPHEN G. FISHER, R.S., DATED November 24, 1978, AS FOLLOWS: BEGINNING AT A STAKE ON THE Southern RIGHT OF WAY LINE OF FAITH CIRCLE; THENCE ALONG THE DIVIDING LINE OF Lot NOS. 10 AND 11 OF THE HEREINAFTER MENTIONED Plan OF Lots, South 38 DEGREES 15 MINUTES 26 SECONDS East, 351.31 FEET TO A POINT ON THE Southeastern SIDE OF WERTZ RUN; THENCE ALONG SAID RUN, North 48 DEGREES 54 MINUTES 51 SECONDS West, 12 FEET TO A POINT ALONG SAID RUN; THENCE ALONG THE DIVIDING LINE OF Lot NOS. 11 AND 12 OF THE HEREINAFTER MENTIONED Plan OF Lots, North 29 DEGREES 44 MINUTES 01 SECONDS East, 205.84 FEET TO A STAKE; THENCE CONTINUING ALONG THE SAME, North 19 DEGREES 10 MINUTES 42 SECONDS East, 140 FEET TO A STAKE ON THE Southern RIGHT OF WAY LINE OF FAITH CIRCLE; THENCE ALONG THE SAID RIGHT OF WAY' LINE HAVING AN ARC RADIUS OF 270 FEET, A DISTANCE OF 89.91 FEET TO A STAKE, THE POINT AND PLACE OF BEGINNING. File #. 204010 BEING Lot NO. 11 OF SECTION 1 OF KINGSBROOK, RECORDED IN CUMBERLAND COUNTY Plan BOOK 23, PAGE 87. PARCEL NO. 29-14-0868-012 PROPERTY BEING: 60 FAITH CIRCLE File #: 204010 VERIFICATION The undersigned attorney 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 unworn falsifications to autl DATE:. ? 2 1 6S- OF TNp.r,,?.-, ?Vfi 2009 P°fr ?' E 8 10: 4 3 CL t' AIT $ 7 j P d Jy ? ?o S4'i s Sheriffs Office of Cumberland County R Thomas Kline Tr' at ICumb"Edward L Schorpp Sheri Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFU OF Ti,* SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/18/2009 R. Thom s Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry f r the within named defendant, to wit: David J. Markham, but was unable to 'locate him in his bailiwick He therefore deputized the Sheriff of Perry County, PA to serve the within Complaint In Mortgag Foreclosure according to law. 05/20/2009 Perry C unty Return: And now May 20, 2009 I, Carl E. Nace, Sheriff of Perry County, Pennsylvania, hereby r urn the within Complaint in Mortgage Foreclosure, as not found to the within named defendant, David J. Markham. Defendant's ex-wife resides at this address. Defendant resides at 60 Faith Circle, Carlisle, Pennsylvania, Cumberland County, 17013. 05/22/2009 07:25 P - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law,; states that on May 22, 200 at 1925 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within n med defendant, to wit: David J. Markham, by making known unto himself personally, defendant a 60 Faith Circle Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $62.50 May 26, 2009 2009-3119 Wells Far v David Markham SO ANSWERS, n v, N r? C0 5Z 5 co 1QD -c 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 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO FINANCIAL PENNSYLVANIA, INC. Plaintiff VS. DAVID J. MARKHAM Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-3119 CIVIL TERM : CUMBERLAND COUNTY PHS #: 204010 PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Zan & Schmieg, LLP Plaintiff L?ence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jere R. Davey, Esquire Lauren R. Tabas, Esquire933-31 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 Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Date: 06-16-09 PHS #: 204010 VERIFICATION Darin BuSW hereby states that he/slte-ts VICE PRESIDENT of WELLS FARGO FINANCIAL PENNSYLVANIA, INC., subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to uns f sific n orities iah servicing agent for Plaintiff, WELLS FARGO FINANCIAL PENNSYLVANIA, INC., in this knowledge, information and belief. The undersigned understands th thi statement is lam... matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her' DATE: Darin Title: VICE PRESIDENT Company: WELLS FARGO FINANCIAL PENNSYLVANIA, INC. File #: 204010 Markham 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 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO FINANCIAL PENNSYLVANIA, INC. Plaintiff VS. DAVID J. MARKHAM Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-3119 CIVIL TERM : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: DAVID J. MARKHAM 60 FAITH CIRCLE CARLISLE, PA 17013-8872 tan & Schmieg, LLP Plaintiff Date: 06-16-09 kLAT once T. Phelan, Esquiref Francis S. Hallinan. Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire J ne 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 Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire 2 0 0 9 JU,' ? 18 PN ! ; I -r Phelan Hallinan &Schmieg, LLP -1617 JFK Boulevard, Suite 1400 Attorney_F.or--Plaintiff.-- - --- -- One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO FINANCIAL Court of Common Pleas'°- ;> PENNSYLVANIA, INC. ~~`,~ ~ Plaintiff Civil Division .~~„- ~, . ;,,;~ rai r*i vs CUMBERLAND County ~='~t~- ~ r~-~ ca DAVID J. MARKHAM No. 09-3119 CIVIL TEIZIV~,o ..,o Defendant ' ~' ~~ ~ TO THE PROTHONOTARY: PRAECIPE e~ --•r ~~ c`s ° ~~ ~~ i~ -~- Please vacate the judgment(s) entered and mark the action discontinued and ended without prejudice. Date: September 21, 2010 PHEL HALLINAN & SCHMIEG,T;I:P t :' t By: Lawrence T. Phela , q., 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 ~etal R. Shah-Jani, Esq., Id. No. 8176.0. . Jennie 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: ~ t Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 PHS# 204010 Attorneys for Plaintiff ;~$•OO P A A'T?'y ~~` iocxoo4a ays1v83