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HomeMy WebLinkAbout09-3340Phelan 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 206539 WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 V. Plaintiff DANIEL RAMOND THERESA RAMOND A/K/A TERESA RAMOND 219 EVERGREEN DRIVE, BOILING SPRINGS, PA 17007-9580 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 0q - 33yo Civil( CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 206539 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 #: 206539 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: DANIEL RAMOND THERESA RAMOND A/K/A TERESA RAMOND 219 EVERGREEN DRIVE, BOILING SPRINGS, PA 17007-9580 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/29/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR MORTGAGE CAPITAL INVESTORS, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1916, Page 4684. 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 02/01/2009 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 #: 206539 6. The following amounts are due on the mortgage: Principal Balance $324,572.37 Interest $7,209.33 01/01/2009 through 05/21/2009 (Per Diem $51.13) Attorney's Fees $1,300.00 Cumulative Late Charges $542.28 07/29/2005 to 05/21/2009 Cost of Suit and Title Search 750.00 Subtotal $334,373.98 Escrow Credit ($2,574.77) Deficit $0.00 Subtotal ($2,574.77) TOTAL $331,799.21 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 #: 206539 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 $331,799.21, together with interest from 05/21/2009 at the rate of $51.13 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. & SCHMIEG, LLP By; % v Lawrence T. Phel squire E ancis S. Hallinan, Esquire aniel 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 #: 206539 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, being Lot No. 73 on the Final Subdivision Plan of Indian Hills-Section No. 3, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 86, Page 126, the same being more particularly described as follows: BEGINNING at a point on the southern right of way line of Evergreen Drive (a 50 feet wide right of way) at the dividing line of Lot No. 74 and Lot No. 73 of the aforementioned Plan; thence along said dividing line, South 88 degrees 58 minutes 00 seconds East, a distance of 107.59 feet to a point; thence along the dividing line of Lot No. 73 and Lot No. 72 of the aforementioned Plan, North 01 degree 02 minutes 00 seconds West, a distance of 150.00 feet to a point; thence along said lands, North 88 degrees 58 minutes 00 seconds West, 107.59 feet to a point; thence along said dividing line of Lot No. 73 and Lot No. 74, South 01 degree 02 minutes 00 seconds East, 150.00 feet to the point and place of BEGINNING. CONTAINING 16,138.50 square feet. UNDER AND SUBJECT, NEVERTHELESS, to the conditions, restrictions and easements as noted on the hereinabove mentioned Final Subdivision Plan; AND SUBJECT, FURTHER, to the Declaration of Protective Covenants, Conditions, Restrictions and Reservations for said Final Subdivision Plan, dated June 16, 2003 and recorded on July 1, 2003 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Misc. Book 698, Page 4900, including, but not limited to: (1) When any dwelling is constructed on the herein described lot, prior to occupancy thereof, but no later than three (3) years after the date of settlement for the within conveyance or the date required by the Township pursuant to the above-referenced subdivision approval process, whichever event shall occur first, the said Grantee(s), its/their heirs, successors and assigns, shall install four (4 feet) feet wide File #: 206539 concrete sidewalks (including handicap access sidewalks at intersections) in accordance with South Middleton Township regulations and standards; and (2) All Drainage Easements and Storm Water Management Requirements applicable to the herein described lot and detailed on said Final Subdivision Plan. BEING the same premises which Bradley W. Kostyak and Barbara A. Kostyak, husband and wife, by Deed dated July 29, 2005, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 270, Page 899, granted and conveyed unto Daniel Ramond and Teresa Ramond, Grantor herein. PARCEL #: 40-10-0636-381 PROPERTY ADDRESS: 219 EVERGREEN DRIVE File #: 206539 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 authorities. DATE:.: 427- I A rney for Pltiatiff- ?Cv .Z Z d 0 F TH` - ;; L i 3 i r`f i? 4 J r r ,; I I: 0, 1wi 4 % Go Pb AT7y ce,* 8100 5o ous oas Sheriffs Office of Cumberland County R Thomas Kline a"Xlm of 4C1tm6rr1 Edward L Schorpp Sheriff Solicitor Ronny R Anderson - Jody S Smith Chief Deputy OFFICE Cz T,U t?"ER FF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/26/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Daniel Ramond, but was unable to locate im in his bailiwick. He therefore deputized the Sheriff of Centre County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 05/26/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Theresa Ramond, but was unable to locate, her in his bailiwick. He therefore deputized the Sheriff of Centre County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 05/28/2009 07:33 PM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that made a diligent search and inquiry for the within named defendant to wit: Daniel Ramond, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Daniel Ramond. The Boiling Springs Postmaster has advised t e defendant has moved to 310 Pine Grove Road State College, Pennsylvania 16801. 05/28/2009 07:53 PM - R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant to wit: Teresa Ramond, 219 Evergreen Drive, Boiling Springs, Cumberland County, Pennsylvania, 17007 but was unable to locate him in his ba liwick he therefore returns the within Complaint as not found as to the defendant, Teresa Ramond. House is vacant. Post Office advises defendant moved to 310 Pine Grove Road, State College, Pennsylva ia, 16801. 06/04/2009 08:13 AM - Centre County Return: And now June 4, 2009 at 0813 hours I, Denny Nau, Sheriff of Centre County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Theresa Ramond by making known unto herself personally, defendant at 310 Pine Grove Road, State College, PA 16801 its contents and at the same time handing to her personally the said true and correct copy of the same. 06/04/2009 08:13 AM - Centre County Return: And now June 4, 2009 at 0813 hours I, Denny Nau, Sheriff of Centre County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Daniel Ramond by making known unto Theresa Ramond, defendant at 310 Pine Grove Road, State College, PA 16801 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $73.40 SO ANSWERS - June 08, 2009 R THOMAS KLINE, SH i -" -c , c-.. { ? fsi'?'t 2009-3340 Wells Fargo Bank V ti :3 -n Daniel & Theresa Ramond .. =+ SHERIFF'S OFFICE PHELAN HALLINAN & SCHMI CENTRE COUNTY Rm 101 Court House, Bellefonte, Pennsylvania, 16823 (814) 355-6803 SHERIFF SERVICE INSTRUCTIONS FOR SERVICE OF PR OCESS: You must file one PROCESS RECEIPT AND AFFIDAVIT OF RETURN ion Not detach any copies.ch defendant. pie se type or print legibly. Do 1. Plaintiff(s) 2. Case Number Wells Fargo Bank N A 09-3340 3. Defendant(s) 4. Type of Writ or Com laint: Daniel & Theresa Ramond Complaint 504231 SERVE 5. Name of Individual. Companv. Corporation, Etc., to Serve or Description of Property to be Levied Atta ched or Sold , -4 Theresa Ramond . AT 6. Address (Street or RFD. Apartment No., City, Boro. Two., State and Zip Code) 310 Pine Grove Road, State College, PA 16801 7. Indicate unusual service: r Reg Mail [ E - Certified Mail 1-. `" : Deputize 17F Post F Other Now, , 20 . 1 SHERIFF OF CENTRE COUNTY, PA., do hereby deputize the Sh eriff of County to execute this Writ and make return thereof according to law. This dep utation being made at the request and risk of the plaintiff. Sheriff en n 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any prop rty under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the pa t of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. 9. Prin ype Name and Address of Attorney/Oriatnator 10. Telephone Number 11. Date PHELAN HALLINAN & SCHMIEG, LLP (215) 563-7000 ONE PENN CENTER SUITE 1400 1617 JFK BLVD., STE. 1400 12. Signature PHILADELPHIA, PA. 19103 SPACE MOW FOR USE OF SHERIFF ONL Y - QW-1)JIS U NE 13. + adcnowlepe receipt o f t h writ } SIGNATURE of Authorized CCSD Deputy of Clerk and Title 14. Date Filed or complain as indcated a?iove. 15. Ex iration/Hearing Date TO BE COMPLETED BY SHERIFF 16. Served and made known to Theresa Ramond on the 4 _,_,_-day of June 20 2009, at 8:13 AM o'clock, m., at 310 Pine Grove Road, State College, PA 16801 County of Centre Commonwealth of Pennsylvania, in the manner described below: Defendant(s) personally served. defendant (- Adult family member with whom said Defendant(s) resides(s). Relationship is Adult in charge of Defendant's residence. 1-J Manager/Clerk of place of lodging in which Defendant(s) resides(s). 7, Agent or person in charge of Defendant's office or usual place of business. and officer of said Defendant company. Other-- _ On the _ day of 20 , at o'clock, . M. Defendant not found because: 177 Moved r7", Unknown 17 No Answer r Vacant r Other Remarks: _ Advance Costs Docket Service Sur Charcie Affidavit Mileaae Postage Misc. Total Costs Costs Due or Refund 100.00 9.00 15.00 0.00 3.50 15.00 42.50 (57.50) 17. AFFIRMED an ubscribed to before me this So Answer. 18. + nature o p. eri 199. D e 20. of 20_ n 21. ignature o eri _ 22. Oa 23. f/ -- Notary ubli -- uFALTH OF PENNSYLVANIA SHERIFF OF CENTRE COUNTY COMMONV Pd P . age y Commission i[ I S!01 - 2 . I ACK 2 HERI OF AU S RETURN SIGNATURE 25. Date Received M Comm on - Member, wonnsytvanut mmwtouvn vi rw-- ... . SHERIFFS OFFICE PHELAN HALLINAN & SCHMI CENTRE COUNTY Rm 101 Court House, Bellefonte, Pennsylvania, 16823 (814) 355-6803 SHERIFF SERVICE INSTRUCTIONS FOR SERVICE OF PR OCESS: You must file one PROCESS RECEIPT AND AFFIDAVIT OF RETURN ction Not detach any copies ch defendant. ple se type or print legibly. Do 1. Plaintiff(s) 2. Case Number Wells Fargo Bank N A 09-3340 3. Defendant(s) 4. Type of Writ or Comp laint: Daniel & Theresa Ramond Complaint 504231 SERVE 5. Name of Individual. Comoanv. Corporation. Etc., to Serve or Description of Property to be Levied, Atta ched or Sold. Daniel Ramond AT 6. Address (Street or RFD, Apartment No., City, Boro, Two., State and Zip Code) 310 Pine Grove Road, State College, PA 16801 7. Indicate unusual service: 17.i' Reg Mail [__ ' Certified Mail F7- : Deputize 177 Post r Other Now, 20_ . 1 SHERIFF OF CENTRE COUNTY, PA., do hereby deputize the Sh eriff of County to execute this Writ and make return thereof according to law. This dep utation being made at the request and risk of the plaintiff. Sheriff antra 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any prop erty under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the pa t of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. 9. Print/Type Name and Address of Attorney/Originator 10. Telephone Number 11 Date PHELAN HALLINAN & SCHMIEG, LLP (215) 563-7000 . ONE PENN CENTER SUITE 1400 1617 JFK BLVD., STE. 1400 12. Signature PHILADELPHIA, PA. 19103 13, 1 acknowledge receipt of the writ SIGNATURE of Authorized CCSD Deputy of Clerk and Title of complain Cas indicated above. ; 14. Date Filed 15.E - iration/Hearing Date . . I TO BE COMPLETFIED) BY SH gffr-7 16. Served and made known to Theresa Raymond on the _ 4m .,,day of June 20 2009 8:13 AM 310 Pine Grove Road, State College, PA 16801 o'clock, m., at County of Centre Commonwealth of Pennsylvania, in the manner described below: Defendant(s) personally served. [- Adult family member with whom said Defendant(s) resides($). Relationship is wife Adult in charge of Defendant's residence. n Manager/Clerk of place of lodging in which Defendant(s) resides(s). 17 + Agent or person in charge of Defendant's office or usual place of business. and officer of said Defendant company. Other__--- On the day of 20 , at o'clock, M. Defendant not found because: I Moved ( Unknown 1- No Answer F_ Vacant r Other Remarks: Advance Costs Docket Service Sur Charge Affidavit Mileage Postage Misc. Total Costs Costs Due or Refund 100.00 9.00 15.00 0.00 3.50 15.00 42.50 (57.50) 17. AFFIRMED a bscribed to before me this o? ^ 20. ay of 2 0 Answer. 18 o D er' rte- 19. to l ignature of Sheri 21. 22. Date ?? " ?r ^ l_ . 23. cu Notary ublic - - COMI? M fF!kT4 - - NfNS VANIA SHERIFF OF CENTRE COUNTY t??ttfaij M C Amount Pd. Page y o1810WAiPR.4WWNo%ry Public 24. 1 AC HER dMyeganl l0D LE. F'S RETURN SIGNATURE 25. Date Received . . SHERIFF'S RETURN OF SERVICE CENTRE COUNTY Plaintiff(s) WELLS FARGO BANK, NA Defendant(s) DANIEL RAMOND THERESA RAMOND A/K/A TERESA RAMOND Serve At DANIEL RAMOND 310 PINE GROVE ROAD STATE COLLEGE, PA 16801-2523 Special Instructions CIVIL ACTION NUMBER SHERIFF'S NUMBER COST DISTRICT _ Summons xc Complaint Other TYPE OF ACTION Mortgage Foreclosure TO BE COMPLETED BY SHERIFF Served and made known to , Defendant, on the _ day of , 20_ County of , Commonwealth of Pennsylvania, in the manner described below: Defendant(s) personally served. Adult family member with whom said Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. and officer of said Defendant company. Other: SHERIFF By: , Deputy Sheriff On the day of , 20_, at o'clock, _.m., Defendant not found because: Moved _ Unknown _ No Answer -Vacant -Other SHERIFF By: , Deputy Sheriff DEPUTIZED SERVICE Now, this _ day of , 20 _, I, Sheriff of County, Pennsylvania do hereby deputize the Sheriff of Complaint and make return thereof and according to law. SHERIFF By: Deputy Sheriff ATTORNEY FOR PLAINTIFF: Lawrence T. Phelan. Esq., Id. No. 32227 Francis S. Hallinan. Esq., Id. No. 62695 Daniel G. Schmie Es . 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 EN Id No 94620 1617 JFK Boulevard. Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 TO BE COMPLETED BY PROTHONOT ATTEST Pro Prothy Date o'clock, _.m., at County to serve this SHERIFF'S RETURN OF SERVICE CENTRE COUNTY Plaintiff(s) WELLS FARGO BANK, NA Defendant(s) DANIEL RAMOND THERESA RAMOND A/K/A TERESA RAMOND CIVIL ACTION NUMBER SHERIFF'S NUMBER MILEAGE Serve At THERESA RAMOND A/K/A TERESA RAMOND 310 PINE GROVE ROAD STATE COLLEGE, PA 16801-2523 Special Instructions COST DISTRICT _ Summons xc Complaint Other TYPE OF ACTION Mortgage Foreclosure TO BE COMPLETED BY SHERIFF Served and made known to , Defendant, on the _ day of , 20 , at o'clock, _.m., c. County of , Commonwealth of Pennsylvania, in the manner described below: Defendant(s) personally served. Adult family member with whom said Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). - Agent or person in charge of Defendant's office or usual place of business. and officer of said Defendant company. Other: SHERIFF By: , Deputy Sheriff On the day of , 20_, at o'clock, _.m., Defendant not found because: Moved - Unknown - No Answer -Vacant -Other SHERIFF By: , Deputy Sheriff DEPUTIZED SERVICE Now, this _ day of , 20 _, I, Sheriff of County, Pennsylvania do hereby deputize the Sheriff of County to serve this Complaint and make return thereof and according to law. SHERIFF By: , Deputy Sheriff ATTORNEY FOR PLAINTIFF: 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. EN., 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 TO BE COMPLETED BY PROTHONOT ATTEST_ Pro Prothy Date Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 ancis 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 BANK, NA VS. Plaintiff DANIEL RAMOND THERESA RAMOND A/K/A TERESA RAMOND Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : NO. 09-3340-CIVIL TERM CUMBERLAND COUNTY PHS #: 206539 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. Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: Lawrence T. Phelan, Esquire /Trancis S. Hallinan, Esquire do Z 9? 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 Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Date: 7-8-09 PHS #: 206539 VERIFICATION Xee Moua hereby states that he/she is Vice President of Loan Documentation of WELLS FARGO BANK, N.A., servicing agent for Plaintiff, WELLS FARGO BANK, N.A., in this 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 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. Name: 4eee Moua DATE: May 27, 2009 Title: Vice President of Loan Documentation Company: WELLS FARGO BANK, N.A. File #: 206539 Ramond 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 BANK, NA Plaintiff VS. DANIEL RAMOND THERESA RAMOND A/K/A TERESA RAMOND Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-3340-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: DANIEL RAMOND 219 EVERGREEN DRIVE, BOILING SPRINGS, PA 17007-9580 THERESA RAMOND A/K/A TERESA RAMOND 219 EVERGREEN DRIVE, BOILING SPRINGS, PA 17007-9580 Phelan Hallinan & Schmieg, LLP Alto rne for Plaintiff By. Lawrence T. Phelan, Esquire s? Francis S. Hallinan, Esquire (o Z b 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 Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Date: 7-8-09 200 P