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Home My WebLink About09-8406Phelan 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 222155 WELLS FARGO FINANCIAL PENNSYLVANIA, INC MAC F4031-086 800 WALNUT DES MOINES, IA 50309 Plaintiff V. VICKI A. BAKER DANIEL W. BAKER 29 WALNUT STREET BOILING SPRINGS. PA 17007-9446 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 0 9, D I IQ CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 222155 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 222155 Plaintiff is WELLS FARGO FINANCIAL PENNSYLVANIA, INC MAC F4031-086, 800 WALNUT DES MOINES, IA 50309 2. The name(s) and last known address(es) of the Defendant(s) are: VICKI A. BAKER DANIEL W. BAKER 29 WALNUT STREET BOILING SPRINGS, PA 17007-9446 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/23/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1978, Page 490. 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 01/29/2009 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 # 222155 6 7. 8. The following amounts are due on the mortgage: Principal Balance $276,395.68 Interest $19,968.20 12/29/2008 through 12/03/2009 (Per Diem $58.73) Attorney's Fees $1,300.00 Cumulative Late Charges $0.00 12/23/2006 to 12/03/2009 Non Sufficient Funds Charge $1,850.00 Cost of Suit and Title Search 550.00 Subtotal $300,063.88 Escrow Credit $0.00 Deficit $2,697.00 Subtotal $2,697.00 TOTAL $302,760.88 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 #: 222155 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. IL . This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $302,760.88, together with interest from 12/03/2009 at the rate of $58.73 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. A A L ce T. Phelan, s ., Id. No. 27 ? Fr cis S. Ha11man, Esq., Id. No. 2695 ? aniel 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 Attorneys for Plaintiff File #: 222155 LEGAL DESCRIPTION ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF MIDDLESEX IN THE COUNTY OF CUMBERLAND, AND STATE OF PA AND BEING DESCRIBED IN A DEED DATED 03/06/2002 AND RECORDED 03/13/2002 IN BOOK 250 PAGE 3764 AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, AND REFERENCED AS FOLLOWS: DESCRIBED IN ACCORDANCE WITH FINAL SUBDIVISION Plan FOR THE MEADOWS IV, PHASE 2-13, PREPARED BY HARTMAN & ASSOCIATES, INC., ENGINEERS & SURVEYORS, DATED November 6, 1992, AND REVISED January 21, 1993, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE Eastern LINE OF TEABERRY DRIVE, A 50 FOOT RIGHT OF WAY, AT THE Southwestern CORNER OF Lot #19 ON THE AFOREMENTIONED Plan; THENCE ALONG SAID Lot #19, North 64 DEGREES 30 MINUTES 42 SECONDS East, A DISTANCE OF 150 FEET TO A POINT AT Lot #30, Plan FOR PHASE 1 A & 2A, THE MEADOWS IV; THENCE ALONG SAID Lot #30 AND Lot #29 ON SAID Plan, South 25 DEGREES 29 MINUTES 18 SECONDS East, A DISTANCE 110.00 FEET TO A POINT AT THE Northeastern CORNER OF Lot #17, PHASE 2-13, THE MEADOWS IV; THENCE ALONG SAID Lot #17, South 64 DEGREES 30 MINUTES 42 SECONDS West, A DISTANCE OF 150 FEET TO A POINT ON THE Eastern RIGHT OF WAY LINE OF TEABERRY DRIVE; THENCE ALONG SAID TEABERRY DRIVE, North 25 DEGREES 29 MINUTES 18 SECONDS West, A DISTANCE OF 110.00 FEET TO THE POINT AND PLACE OF BEGINNING. CONTAINING 16,500 SQUARE FEET. BEING KNOWN AS Lot NO. 18, PHASE 2-13, THE MEADOWS IV, RECORDED IN Plan BOOK 66, PAGE 106. PARCEL NO: 21-05-0433-229 PROPERTY ADDRESS: 13 TEABERRY DRIVE File #: 222155 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. IAo Neorintiff DATE: 1"'1;4 File #: 222155 FIEECrlCE OF THE PROTHONOTARY 2109 DEC -7 AM 10= 14 d x 47 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 I Attorne For Plaintiff WELLS FARGO FINANCIAL Court of Comm n Pleas PENNSYLVANIA, INC. Plaintiff Civil Division vs CUMBERLAN County VICKI A. BAKER No. 09-8406 DANIEL W. BAKER Defendant i TO THE PROTHONOTARY: PRAECIPE Please vacate the judgment(s) entered and mark the action disconti ued and ended without prejudice. Date; November 4, 2010 PHELAN HALL N '& S MIEG, LLP PHS# 222155 By: Lawrence T. Phelan, Esq., I A o. 32227 Francis S. Hallinan, Esq., I . No. 62695 ,_Daniel-G. Schmieg, Esq., I , No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah4ani, Esq., d. No. 81760 Jenine R. Davey, Esq., Id. o. 87077 Lauren R. Tabas, Esq., Id. 4o.93337 Vivek Srivastava, Esq., Id. o. 202331 Jay B. Jones, Esq., Id. No. 6657 Peter J. Mulcahy, Esq., Id. o.61791 Andrew L. Spivack, Esq.,1 . No. 84439 Jaime McGuinness, Esq.,1 . No. 90134 Chrisovalante P. Fliakos, E q., Id. No. 94620 Joshua I. Goldman, Esq., I . No. 205047 Courtenay R. ]Dunn, Esq., I No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plai stiff 572 "pa ?? aso ?a- t