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HomeMy WebLinkAbout09-4790Phelan 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 t.Aauren 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 211638 WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC. F/K/A NORWEST MORTGAGE, INC., A CALIFORNIA CORPORATION 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. KAREN M. SHUGHART 143 CEDAR STREET CARLISLE, PA 17013-2242 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Oq - y790 G407eim CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 211638 0 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 #: 211638 1. Plaintiff is WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC. F/K/A NORWEST MORTGAGE, INC., A CALIFORNIA CORPORATION 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: KAREN M. SHUGHART 143 CEDAR STREET CARLISLE, PA 17013-2242 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/29/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to GATEWAY FUNDING DIVERSIFIED MORTGAGE SERVICES , L.P. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1579, Page 682. By Assignment of Mortgage recorded 11/01/1999 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 629, Page 17. 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 #: 211638 6. The following amounts are due on the mortgage: Principal Balance $63,729.19 Interest $2,876.20 01/01/2009 through 07/16/2009 (Per Diem $14.60) Attorney's Fees $1,300.00 Cumulative Late Charges $0.00 12/14/2006 to 07/16/2009 Mortgage Insurance Premium / $47.48 Private Mortgage Insurance Cost of Suit and Title Search 750.00 Subtotal $68,702.87 Escrow Credit ($116.94) Deficit $0.00 Subtotal 116.94 TOTAL $68,585.93 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 #: 211638 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 $68,585.93, together with interest from 07/16/2009 at the rate of $14.60 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. HALLINAN & SCHMIEG, LLP i Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire eauren ne R. Davey, Esquire R. Tabas, Esquirec,43337 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 Attorneys for Plaintiff File #: 211638 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the Fourth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the eastern line of Cedar Street at corner of lands now or formerly of John D. Burkholder, said point being further described as the southwestern corner of the tract of land being described herein; thence by eastern line of the said Cedar Street in a northwardly direction 15 feet 7 inches to corner of land now or formerly of John C. Fritz and Marsha A. Fritz, his wife; thence by the said lands now or formerly of John C. Fritz and wife through the center of a partition wall dividing the property being conveyed herein from the property now or formerly of John C. Fritz and wife to the North hereof 110 feet, more or less, to the line of lands now or formerly of the Commonwealth of Pennsylvania; thece by said lands now or formerly of the Commonwealth of Pennsylvania in a southerly direction 15 feet 7 inches to corner of lands now or formerly of the said John D. Burkholder; thence by the said lands now or formerly of John D. Burkholder in a westwardly direction 110 feet, more or less, to a point, the place of Beginning. HAVING thereon the southern one-half of a double two story frame dwelling house known as 143 Cedar Street. BEING the same premises which John A. Sheriff and Carolyn P. Sheriff by deed dated May 19, 1992 and recorded May 20, 1992 in the Recorder of Deeds Office in and for Cumberland County in Book R-35, page 388 granted and conveyed unto Carolyn P. Sheriff. PARCEL ID#: 05-20-1796-150 ADDRESS: 143 CEDAR STREET, CARLISLE, PA 17013 File #: 211638 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 unsworn falsifications to autho DATE: O File #: 211638 0 200912UL 17 Pia'I I: 19 PD ATpf IV Ss CAC .9&&6 a* aa815 a Sheriffs Office of Cumberland County R Thomas Kline Sheri Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant OFF icE G? THE S` ERIFF Edward L Schorpp Solicitor 7 7HIt R Y LJi01d? i I1 1 ,I Y Wells Fargo Bank, NA vs. Karen M. Shughart Case Number 2009-4790 SHERIFF'S RETURN OF SERVICE 07/31/2009 06:07 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on July 31 2009 at 1807 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Karen N. Shughart, by making known unto Jeremy Shughart, adult son of defendant at 143 Cedar Street 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: $33.40 August 03, 2009 SO ANSWERS, R T09MAS 6 14E, SHERIFF I ty Sheriff (V 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, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC. F/K/A NORWEST MORTGAGE, INC., A CALIFORNIA CORPORATION Plaintiff VS. KAREN M. SHUGHART Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-4790 CIVIL TERM : CUMBERLAND COUNTY PHS #: 211638 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 A t4! ey for Plaintiff By: ? L ence T. Phelan, sq., Id. No. 32227 ? Fr cis S. Hallinan, sq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 eetal R. Shah F-I Esq., Id. No. 81760 e nne 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 Date: 8-06-09 PHS #: 211638 VERIFICATION Xee Mo ua hereby states that he/she is Vice President Loan Documentation of WELLS FARGO HOME MORTGAGE, INC., servicing agent for Plaintiff 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 unworn falsification to authorities. a Name: Xee Moua DATE: 07/17/09 Title: Vice President Loan Documentation Company: WELLS FARGO HOME MORTGAGE, INC. File #: 211638 Shughart 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 ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. F/K/A NORWEST MORTGAGE, INC., A CALIFORNIA CORPORATION : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-4790 CIVIL TERM Plaintiff VS. KAREN M. SHUGHART Defendant(s) : 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: . . KAREN M. SHUGHART 143 CEDAR STREET CARLISLE, PA 17013-2242 Phelan Hallinan & Schmieg, LLP Atto for Plaintiff By: I a--? ? La nc T. Phelan, sq., 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 ? eetal R. Shah-Jani, Esq., Id. No. 81760 Jenne 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 Date: 8-06-09 An 2Q 3 €=Ui, 11 A 1 ? Phelan Hallinan & Schmieg, LLP By: 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 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ,,/Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. F/K/A NORWEST MORTGAGE, INC., A CALIFORNIA CORPORATION : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION VS. KAREN M. SHUGHART : No. 09-4790 CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against KAREN M. SHUGHART, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $68,585.93 Interest - 07/17/2009 to 09/21/2009 TOTAL $978.20 $69,564.13 I hereby certify that (1) the Defendant's last known address is 143 CEDAR STREET CARLISLE, PA 17013-2242, and (2) that notice has been given in accordance with Rule 237.1, copy attached. Lawrence 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 Cyurtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: -?a2 0? PHS # 211638 PROTHONOTARY Phelan Hallinan & Schmieg, LLP By: 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, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC. F/K/A NORWEST MORTGAGE, INC., A CALIFORNIA CORPORATION VS. KAREN M. SHUGHART Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-4790 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant KAREN M. SHUGHART is over 18 years of age and resides at 143 CEDAR STREET, CARLISLE, PA 17013-2242. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ? 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 ourtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised WELLS FARGO BANK, N.A., S/B/M TO CUMBERLAND COUNTY WELLS FARGO HOME MORTGAGE, INC. F/K/A NORWEST MORTGAGE, COURT OF COMMON PLEAS INC., A CALIFORNIA CORPORATION VS. CIVIL DIVISION KAREN M. SHUGHART 143 CEDAR STREET No. 09-4790 CIVIL TERM CARLISLE, PA 17013-2242 Notice is given that a Judgment in the above captioned matter has been entered against you on By:n If you have any questions concerning this matter please contact: 2?WkMl C. -Z &nAr, 7r Lawrence 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 Courtenay R. Dunn, Esquire drew C. Bramblett, Esquire Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 "THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY." ? p { . ?' o tt C W, Phdlan Hatlinan & 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, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC. F/K/A NORWEST MORTGAGE, INC., A CALIFORNIA CORPORATION COURT OF COMMON PLEAS CIVIL DIVISON NO. 09-4790 CIVIL TERM Plaintiff v KAREN M. SHUGHART Defendant(s) TO: KAREN M. SHUGHART 143 CEDAR STREET CARLISLE, PA 17013-2242 DATE OF NOTICE: August 24, 2009 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. PHS # 211638 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 By: Lawrence T. Phelan, E q., I No. 32227 Francis S. Hallinan, Es ., . o. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 ..,ghmtal 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 211638 FILED,-(-y? .: s;- OF QF THF ^;} 1 U9 5EP 22 41110: 4 5 pd- a#/ P"l, 4,? /J/AC14 cl? 8,5,/i3 /L? rs-Y?13 P/ 64ice ?? y .-r~ ,~~('.. ,., ~ , ~_ x~ ~;,; -~'? i a v, ~~~ 1 ~ ~ , JAN 2 l 7U10~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, N.A., S/B/M TO WELLS Court of Common Pleas FARGO HOME MORTGAGE, INC. F/K/A NORWEST MORTGAGE, INC., A CALIFORNIA Civil Division CORPORATION Plaintiff CUMBERLAND County v. No. 09-4790 CIVIL TERM KAREN M. SHUGHART Defendant RULE AND NOW, this z ~ " day of a..~ 2010, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. ~ s,~,~k . ~ at~r -~ Rule Returnable , at . m ain ia. BY THE OURT ~~ P.J. coP ~ ~.s ,n~.~ l~.c.~, K. sc,~c,~-~- ~ /~.g ~,~ ~~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp SOi1CltOr Wells Fargo Bank, NA vs. Karen M. Shughart ~$y~~ttp qt ~nui6Frf~~~~ ~> - - i ~ F''- '~~~' ft' .:< r r `-~~ TNT F ; ,,. .,.~ Y ~.~~ za~o~;~t ~~ ~;~~ li: 5s Y rr 4i , Case Number 2009-4790 SHERIFF'S RETURN OF SERVICE 12/28/2009 09:11 PM -Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on 12-28-09 at 2111 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Karen M. Shughart, located at, 143 Cedar Street, Carlisle, Cumberland County, Pennsylvania according to law. 12/28/2009 09:11 PM -Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on 12-28-2009 at 2111 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Karen M. Shughart, by making known unto, Karen M. Shugart, personally, at, 143 Cedar Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy o1 the same. 02/26/2010 PROPERTY SALE POSTPONED TO 4/7/2010. 04/07/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on April 7, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of , Wells Fargo Bank, N.A., et. al., 3476 Stateview Blvd, Fort Mill, SC 29715, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 788.99 SHERIFF COST: $788.99 May 21, 2010 SO ANSWERS, ~~ RON ' R ANDERSON, SHERIFF ~f g .C~t~ Fa , (,lc,1~ a.~ ,ter-~- !c} CountpSuit~ Shenff, Telecsoft, Inc. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-4790 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., SB/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC., A CALIFORNIA CORPORATION, Plaintiff (s) From KAREN M. SHUGHART (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $69,564.13 L.L. $.50 Interest FROM 9/22/2009 - 03/03/2010 (PER DIEM - $11.59) - - $],889.17 Atty's Comm % Due Prothy $2.00 Atty Paid $152.40 Other Costs Plaintiff Paid Date: NOVEMBER 25, 2009 (Seal) REQUESTING PARTY: Name JOSHUA I. GOLDMAN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 LcNu~y Supreme Court ID No. 205047 On December 1, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Carlisle, Cumberland County, PA, Known and numbered, 143 Cedar Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 1, 2009 By. ~ ~, Real Estate Coordinator ~~ ~a~ ~°, 4.~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 22, January 29 and February 5 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Writ No. 2009-4790 Civil Wells Fazgo Bank, NA 1Sa arie Coyne, Editor vs. Kazen M. Shughart SWORN TO AND SUBSCRIBED before me this Atty: Lauren Tabas By virtue of a Writ of Execution 5 day of February, 2010 No. 09-4790, WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO `'., _ HOME MORTGAGE, INC. F/K/A NORWEST MORTGAGE, INC., A CAL- IFORNIA CORPORATION vs. KAREN M. SHUGHART, owner(s) of property NOtary situate in the FOURTH WARD of CARLISLE BOROUGH, Cumber- land County, Pennsylvania, being (Municipality) 143 CEDAR STREET, CARLISLE, PA 17013-2242. Parcel No. 05-20-1796-150. (Acreage or street address) NOTARIAL SEA1 PROPERTI'ADD DEBORAH A COLLINS Street, Carlisle, PA 1R7p13143 Cedar Notary FuLilc CAP.LISLE BORO, CUMBERL!,ND COUNTY My Commission %;cp!res Apr 2$, ~OTO ~,-,,,The Patriot-News Co. 812 Market St. Harrisburg; PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE c'~e ~latriot Netus NOw you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and. State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 01 /22110 01/29/10 ~- .. 02/05/10 Sworn and subscribed before ~e t ' 24 f February, 2010 A.D. 1. _ ~` ~ A/V /f I~ ~ ~ L~ Imo. l/ l-' ~ 1. ~ Y ~L~ -- --~_ Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L Kisser, Notary Public City OF Hamburg, Dauphin County ~ Cornmissior Expires Nov. 26, 2011 Member, Pennsylvania Association of Notaries Docket Number: 2009-4987 Civil Term Citimortgage Inc vs. Harriet D. Spraglin a/k/a Harriet D. Harper Sarah G. Harper Donna A. Harper Crystal Caraway c% Sarah G. Harper Atty: Michael McKeever All that certain pazcel of land situated in Shippensburg Borough, Cumberland County, Pennsylvania, and being more fully described in Deed Book 121, page 1068, et seq, recorded on May IQ 1995, among the land records of Cumberland County, Pennsylvania. ALL THAT certain tract of ground with a frame dwelling house and other improvements erected, thereon, situate in the Borough of Shippensburg, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a fence post a the end of a public alley where it meets theright-of-way of the Rending Company, and opposite land now or formerly of the John Hosfeld Estate; thence northwazdly on the West side of said alley; sixty- three(63) feet seven(07)inches to a stake in the middle of an intersecting Private alley; thence westwazdly by the middle of said private alley, one hundred ten (110) feet six (06) inches to a stake in the middle of said allev; thence southwazdly by a line along a boundary fence to a fence post,a corner on the edge of the right-of- way of the said Reading Company; thence eastwazdly by the said right-of-way, twelve(12) feet seven(O7) inches to a small locust tree close to the fence; thence Continuing eastwazdly with the said fence along the right-of-way turning slightly northward from the locust tree, one hundred (100) feet to the fence post, the place of BEGINNING TOGETHER with the right to use a private alley extending along the North side of the property from the said public alley westwazdly to the western limit of the property and thence along and through other property to Penn Street in the Borough of Shippensburg. The use of this private alley is in common with the use of the same by others ~joiaing it. For information only, the property is commonly known as 221 South Penn Street, 5hippensbtng Borough, Cumberland County, Pennsylvania. and erroneously designated as 4788 Sweetbriaz Drive, Harrisburg, Cumerland County in the mortgage recorded May 24, 2000 in Deed Book 1613, at page 1131, et seq. TAX PARCEL NO:3334-2415-173 BEING I{NOWN AS: 221 South Penn Street, Srippensburg,PA 17257 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Zie ler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which WELLS FARGO BANK N A is the grantee the same having been sold to said grantee on the 7TH day of APRIL A.D., 2010, under and by virtue of a writ Execution issued on the 25TH day of NOV, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 4790, at the suit of WELLS FARGO BANK N A against KAREN M SHUGHART is duly recorded as Instrument Number 201013350. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~ ~~ day of A.D. l 0 /? ~ n _I 1 of Deeds taeooid6rd tad Ca+ih~ Cerlek, Pll tyly Commission 'ree the Fret t~londa~r aF Jan. 2Dt4