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Home My WebLink About09-6516Phelan 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. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION V. Plaintiff GILBERT D. MEALS TAMMY K. MEALS 181 PINE SCHOOL ROAD GARDNERS, PA 17324-8811 Defendants TERM NO. Q C- (9j<-j ? GIN I +6r4 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 215811 File #: 215811 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 #: 215811 Plaintiff is WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: GILBERT D. MEALS TAMMY K. MEALS 181 PINE SCHOOL ROAD GARDNERS, PA 17324-8811 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/12/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR COMMERCE BANK/ HARRISBURG, N.A. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1989, Page 0498. 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2009 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 #: 215811 6 The following amounts are due on the mortgage: Principal Balance $159,963.02 Interest $5,583.72 02/01/2009 through 09/25/2009 (Per Diem $23.56) Attorney's Fees $1,300.00 Cumulative Late Charges $229.60 04/12/2007 to 09/25/2009 Property Inspections $30.00 Cost of Suit and Title Search 750.00 Subtotal $167,856.34 Escrow Credit $0.00 Deficit $801.61 Subtotal 801.61 TOTAL $168,657.95 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 attorneys fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorneys 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 #: 215811 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 $168,657.95, together with interest from 09/25/2009 at the rate of $23.56 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. ;w c ? L ence 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 ? Pe r J. Mulcahy, Esq., Id. No. 61791 ? drew 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 Attorneys for Plaintiff File #: 215811 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point along the centerline of Pine School Road (T-683) at the line of lands now or formerly of Chester Stoner; thence along said line of lands now or formerly of Chester Stoner the following courses and distances: 1) South 11 degrees 30 minutes 00 seconds West 150.15 feet to a point; 2) South 44 degrees 30 minutes 00 seconds East 136.96 feet to a point; 3) North 68 degrees 00 minutes 00 seconds East 70.95 feet to a point; 4) South 01 degree 00 minutes 00 seconds West 99.00 feet to a point; 5) South 33 degrees 15 minutes 00 seconds East 189.75 feet to a point; thence along line of lands now or formerly of Leslie Maurice Brandt or Orpah Jean Brandt South 13 degrees 30 minutes 00 seconds West 1567.50 feet to a point; thence along line of lands now or formerly of M.E. Knouse North 89 degrees 30 minutes 00 seconds West 321.75 feet to a point; thence along line of lands now or formerly of Charles F. Kriete and Dorothy E. Kriete North 01 degree 45 minutes 00 seconds West 693.00 feet to a point thence along line of lands now or formerly of Jacob C. Sheely, Jr. and Dorothy S. Sheely North 03 degrees 15 minutes 00 seconds West 1237.50 feet to a point; thence continuing along the same North 29 degrees 15 minutes 00 seconds West 475.20 feet to a point; thence along the line of Lot No. 2 on the hereinafter referenced Plan the following courses and distances: 1) South 61 degrees 23 minutes 02 seconds East 87.31 feet to a point; 2) South 60 degrees 36 minutes 09 seconds East 115.50 feet to a point 3) South 63 degrees 10 minutes 26 seconds East 241.01 feet to a point; thence along line of lands now or formerly of William G. Griffie, Jr. and Bonnie L. Griffie South 61 degrees 30 minutes 00 seconds East 61.05 feet to a point; thence along line of lands now or formerly of Griff`ie and also lands now or formerly of Oren Kuntz et. ux. and lands now or formerly of Rudy L. Kuntz and Carol E. Kuntz, South 81 degrees 15 minutes 00 seconds East 356.40 feet to a point, the place of BEGINNING. PROPERTY ADDRESS: 181 PINE SCHOOL ROAD, GARDNERS, PA 17324-8811 PARCEL # 40-15-0199-013 & 40-15-0199-009 File #: 215811 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 authorities. n/, X"o A mey for Plaintiff DATE: 9-0-(91 File #: 215811 hyl ?+f l ? j,i v Sheriff s Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ~~~~ti~is` of ~,i~ut~~~/~j~4 r~ r Fl~'~IC~ 4F ~ P€~OTI.OTAAY ZQ09 aCT -2 QM 10~ 28 ~tr~rys~ti~~~~A Wells Fargo Bank, NA vs. Gilbert D. Meals Case Number 2009-6516 SHERIFF'S RETURN OF SERVICE 09/30/2009 07:41 PM -Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on September 30, 2009 at 1941 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Gilbert D. Meals, by making known unto Tammy Meals, wife of defendant at 181 Pine School Road Gardners, Cumberland County, Pennsylvania 17324 its contents and at the same time handing to her personally the said true and correct copy of the same. 09/30/2009 07:41 PM -Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on September 30, 2009 at 1941 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Tammy K. Meals, by making known unto herself personally, at 181 Pine School Road Gardners, Cumberland County, Pennsylvania 17324 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $53.90 SO ~~~. ,. October 01, 2009 R THOMAS KLINE, SHERIFF ~' D~put Sheriff 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. Plaintiff vs. GILBERT D. MEALS TAMMY K. MEALS Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-6516-CIVIL TERM CUMBERLAl\TD COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 215811 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelar~I~llinan & Schmieg, LLP Attorne ~r Plaintiff By: ~ ^ La ce T. Phelan, Esq., I . No. 32227 ^ Fran s S. Hailinan, Esq., I . 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 Date: 10-20-09 PHS #: 215811 VERIFICATION China Brown 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 unsworn falsification to authorities. /1 ~~ Name: China Brown DATE: 09/28/09 Title: Vice President Loan Documentation Company: WELLS FARGO HOME MORTGAGE, INC. File #: 215811 Meals 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. Plaintiff vs. GILBERT D. MEALS TAMMY K. MEALS Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION N0.09-6516-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: GILBERT D. MEALS 181 PINE SCHOOL ROAD GARDNERS, PA 17324-8811 PHS #: 215811 TAMMY K. MEALS 181 PINE SCHOOL ROAD GARDNERS, PA 17324-8811 Phelan Hallinan & Schmieg, LLP Att ey for Plaintiff By: ^ L wr nce T. Phelan, Esq. Id. No. 32227 ^ F cis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No: 69849 ^ Ju 'th T. Romano, Esq., Id. No. 58745 ^ eetal 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 Date: 10-20-09 PHS #: 215811 ,-~~ ~,-. CM:., _ - .-. _ ~ - ,~ (David D. Buelf Prothonotary Kirks. Sohonge, ESQ Socicitor Wsnee X Simpson 15` (Deputy (Prothonotary Irene E. W orrow 2" Deputy (Prothonotary Office of the Prothonotary Cumberfand County, Pennsyfvania A 9 a- /Oso/?c-CIVILTERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 30TH DAY OF OCTOBER, 2012, 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 n'"0 rnvrthnllCP 4'!111arP • ' uV t.P. 100 0 IN ? 1701.3 e (717) 240-6195 • (Fax (717) 240-6573