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Home My WebLink About09-7465Phelan 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 t,-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 220369 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. CHRISTIAN C. MOORE MEGAN L. MOORE 1 VINEYARD HAVEN 3 A/K/A, LOT 84 VINEYARD HAVEN NEW CUMBERLAND, PA 17070 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. a4-'14(n5 lCUMBERLAND COUNTY File #: 220369 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 #: 220369 1. 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: CHRISTIAN C. MOORE MEGAN L. MOORE 1 VINEYARD HAVEN A/K/A, LOT 84 VINEYARD HAVEN NEW CUMBERLAND, PA 17070 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/04/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR WAYPOINT BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1827, Page 4910. 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 07/01/2009 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 #: 220369 6. The following amounts are due on the mortgage: Principal Balance $181,439.68 Interest $4,194.00 06/01/2009 through 10/28/2009 (Per Diem $27.96) Attorney's Fees $1,325.00 Cumulative Late Charges $170.01 08/04/2003 to 10/28/2009 Property Inspections $30.00 Cost of Suit and Title Search $-5-50-00 Subtotal $187,708.69 Escrow Credit $0.00 Deficit $281.69 Subtotal $291-69 TOTAL $187,990.38 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 person-am 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 #: 220369 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 $187,990.38, together with interest from 10/28/2009 at the rate of $27.96 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: ? 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 ? drew L. Spivack, Esq., Id. No. 84439 t me 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 #: 220369 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situated in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point located on the northern right-of-way line of Lowell Lane, a Fifty Foot (50 Foot) right-of-way, being the southeast corner of Lot No. 85. THENCE along said right-of- way of Lowell Lane, South Sixty-two Degrees Sixteen Minutes Zero Seconds West, a distance of Eighty-seven and Six Hundredths Feet (S 62 degrees 16 minutes 00 seconds W -87.06) to a point on the same and near the intersection with Vineyard Haven. THENCE along the same, along a curve to the right having a Radius of Ten and Zero Hundredths Feet, a Arc length of Fifteen and seventy-one Hundredths Feet, following a chord bearing North Seventy-Two Degrees Forty-four Minutes Zero Seconds West, a chord distance of Fourteen and Fourteen Hundredths Feet (R=10.00 feet, A=15.71 feet, N 72 degrees 44 minutes 00 seconds W - 14.14 feet) to a point on the eastern right-of-way line of Vineyard Haven. THENCE along said right-of-way of Vineyard Haven, North Twenty-seven Degrees Forty-four Minutes Zero Seconds West, a distance of Sixty- five and Zero Hundredths Feet (N 27 degrees 44 minutes 00 seconds W -65.00 feet) to a point on the same being the southeast corner of Lot No. 83. THENCE along the property line of Lot No. 83, North Sixty-two Degrees Sixteen Minutes Zero Seconds East, a distance of Ninety-seven and Six Hundredths Feet (N 62 degrees 16 minutes 00 seconds E -97.06 feet) to a point at the common property corner of Lots Nos. 83, 84 and 85. THENCE along the property line of Lot No. 85, South Twenty-seven Degrees Forty-four Minutes Zero Seconds East, a distance of Seventy-five and Zero Hundredths Feet (S 27 degrees 44 minutes 00 seconds E- 75.00) to a point on the northern right-of-way line of Lowell Lane, the point and place of BEGINNING. File #: 220369 CONTAINING 7,25 8.06 Square Feet or 0.166 Acres. BEING Lot No. 84 on the Revised Final Subdivision Plan of the Heights of Beacon Hill, Phase 11, prepared by Melham Associates, P.C., dated June 29, 2001, last revised September 10, 2001, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 84, Page 38; also being known as Unit No. 84 as shown on yhe Declaration Plat recorded in Right-of-Way Plan Book 12, Page 130. ALSO BEING part of the same premises which Beacon Hill Heights Development Corporation, a Pennsylvania corporation, by deed dated May 28, 1997 and recorded May 30, 1997 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 158, Page 520, granted and conveyed unto BHH Partners, a Pennsylvania partnership, the Grantor herein. PARCEL NO. 13-25-0008-450 PROPERTY BEING: 1 VINEYARD HAVEN A/K/A, LOT 84 VINEYARD HAVEN File #: 220369 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. <Ga%it Q?IY? Qsr,.p A orney for Plaintiff DATE: File #: 220369 Fll EC}-t FIuE °OTARY OF THE FE',),,P,,,,, 2009 OCT 29 APB 10: 23 *118.5o Po AT -Y Co 9701,11 a* asaq 13 SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff Ronny R Anderson Chief Deputy ~4t`tY. ~ 4t Lll ll!17~,~..~~jX t~ Fi~.i.~=~; .; -i.;.~L 2G~4 DEC - I it I I 1 ~ ~ Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor .- t ~ ~~, Wells Fargo Bank, NA vs. Christian C. Moore Case Number 2009-7465 SHERIFF'S RETURN OF SERVICE 10/30/2009 11:30 AM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 31, 2009 at 1130 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Christian C. Moore, by making known unto himself personally, at 1 Vineyard Haven New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to him personally the said true and correct copy of the same. 11/16/2009 07:15 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on November 16, 2009 at 1915 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Megan L. Moore, by making known unto Tommy Peslis, adult in charge at 1128 Columbus Avenue Apt. 4 Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $88.10 November 17, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF .~ r,ti , /+ 1 ~~ ~C Deput Sheriff ..~ By -..,~' -- ~ f,~C ~. Deputy Sheriff