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Home My WebLink About09-8407Phelan 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 220051 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. GEORGE R. BARRICK MARGARET J. BARRICK DANIEL R. BARRICK 2 LAUREL DRIVE ENOLA, PA 17025-1513 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 09 - F-V6 7 CUMBERLAND COUNTY File #: 220051 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 #: 220051 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: GEORGE R. BARRICK MARGARET J. BARRICK DANIEL R. BARRICK 2 LAUREL DRIVE ENOLA, PA 17025-1513 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/25/2008 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 Instrument No. 20081.4082. 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 #: 220051 6 The following amounts are due on the mortgage: Principal Balance $187,637.85 Interest $5,996.91 06/01/2009 through 11/30/2009 (Per Diem $32.77) Attorney's Fees $1,300.00 Cumulative Late Charges $237.08 04/25/2008 to 11/30/2009 Mortgage Insurance Premium / $247.00 Private Mortgage Insurance Cost of Suit and Title Search $550-00 Subtotal $195,968.84 Escrow Credit $0.00 Deficit $297.85 Subtotal $297_R5 TOTAL $196,266.69 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 nat 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 #: 220051 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 $196,266.69, together with interest from 11/30/2009 at the rate of $32.77 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: ? awrence 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 eJame 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 #: 220051 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situated in the East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northerly line of Pennsboro Drive at the easterly line of Laurel Drive; thence along said line of Laurel Drive, North 21 degrees 48 minutes West, one hundred ten (110) feet to a point; thence North 68 degrees 12 minutes East along the southerly of Lot No. 60 on the hereinafter mentioned Plan, ninety-nine and fifty-three one hundredths (99.53) feet to a point; thence South 21 degrees 48 minutes East along the Westerly line of Lot No. 62 on said Plan, one hundred ten (110) feet to a point on the northerly line of Pennsboro Drive; thence by the latter line, South 68 degrees 12 minutes West, ninety-nine and fifty-three one-hundredths (99.53) feet to a point, the place of BEGINNING. BEING Lot No. 61 on the Plan of a portion of Mountain View Estates recorded in Plan Book 23, Page 103, Cumberland County Records. HAVING THEREON ERECTED a single dwelling known as 2 Laurel Drive, Mountain View Estates, Enola, PA UNDER AND SUBJECT to easements, restrictions, reservations, conditions and rights-of-way of record. Parcel no. 09-12-2991-043 File #: 220051 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. DATE: MG ` Attey for Plaintiff File #: 220051 OF ?L 111H ATARY 209 DEC -7 Ali Ia 16 ai 1 gq;75' SHERIFF'S OFFICE OF CUMBERLAND CO~~~,TY_l~~ Ronny R Anderson {~e' " ~.,.4..,i t^T~`( Sheriff ~: ?}-Ic ~,~~J'; ,~~, .._ .. ~,~rttr ai' ~:uu(~Fr~ Jod S Smith ~4 ',t, n i ^ I ~'~ ~ '~ r ~ f-,, Chief Deputy Edward L Schorpp Cam`' - - - ~~~!~ Solicitor - ~~ ~ - ~ , ~ ~ ~ ~ ~ `+ Wells Fargo Bank, NA vs. George R. Barrick SHERIFF'S RETURN OF SERVICE Case Number 2009-8407 12/08/2009 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: George R. Barrick, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Clinton County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 12/09/2009 Clinton County Return: And now, December 21, 2009 I, Charles R. Ankney, Sheriff of Clinton County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for George R. Barrick the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find him in the County of Clinton and therefore return same NOT FOUND. 12/10/2009 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: George R. Barrick, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Perry County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 12/11/2009 01:50 PM -Perry County Return: And now December 11, 2009 at 1350 hours I, Carl E. Nace, Sheriff of Perry County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint it Mortgage Foreclosure, upon the within named defendant, to wit: George R. Barrick by making known unto Margaret Barrick, adult in charge at 2652 Middle Ridge Road, Newport, PA 17074 its contents and at the same time handing to her personally the said true and correct copy of the same. 12/12/2009 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: Margaret J. Barrick, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Perry County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 12/13/2009 01:50 PM -Perry County Return: And now December 11, 2009 at 1350 hours I, Carl E. Nace, Sheriff of Perry County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint it Mortgage Foreclosure, upon the within named defendant, to wit: Margaret J. Barrick by making known unto herself personally, at 2652 Middle Ridge Road, Newport, PA 17074 its contents and at the same time handing to her personally the said true and correct copy of the same. 12/14/2009 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: Margaret J. Barrick, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Clinton County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 12/15/2009 Clinton County Return: And now, December 21, 2009 I, Charles R. Ankney, Sheriff of Clinton County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Margarete J. Barrick the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find her in the County of Clinton and therefore return same NOT FOUND. 12/16/2009 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 R. Barrick, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Clinton County, PA to serve the within Complaint In Mortgage Foreclosure according to law. s~ouniyg,adn gner,rt. 1~eil no.=, `t. Inc. 12/17/2009 Clinton County Return: And now, December 21, 2009 I, Charles R. Ankney, Sheriff of Clinton County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Daniel R. Barrick the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find him in the County of Clinton and therefore return same NOT FOUND. 12/18/2009 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 R. Barrick, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Perry County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 12/19/2009 01:50 PM -Perry County Return: And now December 11, 2009 at 1350 hours I, Carl E. Nace, Sheriff of Perry County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint it Mortgage Foreclosure, upon the within named defendant, to wit: Daniel R. Barrick by making known unto Margaret Barrick, adult in charge at 2652 Middle Ridge Road, Newport, PA 17074 its contents and at the same time handing to her personally the said true and correct copy of the same. 12/20/2009 07:28 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on December 8, 2009, at 1928 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Daniel R. Barrick, by making known unto Daniel R. Barrick, personally, at 2 Laurel Drive, Enola, Cumberland County, Pennsylvania, 17025 its contents and ai the same time handing to him personally the said true and correct copy of the same. 12/20/2009 07:28 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on December 8, 2009, at 1928 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Margaret J. Barrick, by making known unto Daniel R. Barrick, adult in charge, at 2 Laurel Drive, Enola, Cumberland County, Pennsylvania, 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. 12/20/2009 07:28 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on December 8, 2009, at 1928 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: George R. Barrick, by making known unto Daniel R. Barrick, adult in charge, at 2 Laurel Drive, Enola, Cumberland County, Pennsylvania, 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. ,,•~ SHERIFF COST: $187.94 SO AN ERS, January 12, 2010 OI~NY R ANDERSON, SHERIFF ai ~, Depu y Sheriff <c Gouesy5uitr She:~:ft. 7eia~s~tt. (er. Wells Fargo Bank NA IN THE COURT OF COMMON PLEAS OF THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA, PERRY COUNTY BRANCH Versus George Barrick, Margaret Barrick & Daniel Barrick No. 2009-8407 Cumberland Co. SHERIFF'S RETURN And now December 11 , 2009: Served the within name Margaret Barrick the defendant(s) named herin, personally at her place of residence in Juniata Twp- 2652 Middle Ridge Road, Newport, Perry County, PA, on December 11, 2009 at 1:50 o'clock PM by handing to Margaret Barrick, defendant 1 true and attested copy(ies) of the within Complaint in Mortgage Foreclosure and made known to her the contents thereof Sworn and subscribed to before me this-~~ day of , o~ U~- l thonotary Deputy Prothonotary & Clerk of Courts Blcomfield Boro., Perry Co., PA My Commission Expires Jan. 3, 2012 So answers ~4~n D. Houck Badge #8-4 Deputy Sheriff of Perry County Wells Fargo Bank NA IN THE COURT OF COMMON PLEAS OF THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA, PERRY COUNTY BRANCH Versus George Garrick, Margaret Barrick & Daniel Garrick No. 2009-8407 Cumberland Co. SHERIFF'S RETURN And now December 11 , 2009: Served the within name Daniel Barrick the defendant(s) named herin, personally at his place of residence in Juniata Twp- 2652 Middle Ridge Road, Newport, Perry County, PA, on December 11, 2009 at 1:50 o'clock PM by handing to Margaret Barrick, co-defendant PIC 1 true and attested copy(ies) of the within Complaint in Mortgage Foreclosure and made known to her the contents thereof Sworn and subscribed to before me this~~ So answers day of , o~ Alan D. Houck Badge #8-4 peputy Prot ry & Clerk of C~i~t onotary Deputy Sheriff of Perry County Bloomfield Boro„ Perry Co., PA Pw Commission Expires Jan. 3, 2612 Wells Fargo Bank NA IN THE COURT OF COMMON PLEAS OF THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA, PERRY COUNTY BRANCH Versus George Barrick, Margaret Barrick & Daniel Barrick No. 2009-8407 Cumberland Co. SHERIFF'S RETURN And now December 11 , 2009: Served the within name George Barrick the defendant(s) named herin, personally at his place of residence in Juniata Twp- 2652 Middle Ridge Road, Newport, Perry County, PA, on December 11, 2009 at 1:50 o'clock PM by handing to Margaret Barrick, co-defendant PIC 1 true and attested copy(ies) of the within Complaint in Mortgage Foreclosure and made known to her the contents thereof Sworn and subscribed to before me this-~~ day of ~ ~ aD~ ,~,,,~.,,... thonotary ;ep~~ly ~ reti~onoiary & Gierk of Courts I BFc:afn{field Bcro., Perry Co., PA ~~~" ~~ , ~sici ~~ ~ir ~s Jan.','; ~.,i So answers Alan D. Houma Badge ~~-~~ Deputy Sheriff of Perry County SHERIFF'S RETURN OF SERVICE PERRY COUNTY Plaintiff(s) WELLS FARGO BANK, N.A. Defendant(s) GEORGE R. BARRICK MARGARET J. BARRICK DANIEL R. BARRICK Serve At DANIEL R. BARRICK 2652 MIDDLE RIDGE ROAD NEWPORT, PA 17074-8134 Special Instructions TO BE COMPLETED BY SHERIFF CIVII. ACTION NUMBER SHERIFF'S NUMBER COST MILEAGE DISTRICT _ Summons ~ Complaint Other TYPE OF ACTION Mortgage Foreclosure Served and made known to ,Defendant, on the _ day of , 20, at 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 o'clock, _.m, at 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 PLAINTTIF"F: TO BE COMPLETED BY PROTHONOTARY 1 swrenre T Phyla ~_ Fc~~ , id Nn '1 797 Franric S. Hallinan~~ , id Nn_ 67695 ATTEST r)aniel f: Schmid, Fc~ ~ id_ Nn_ 6 7nS Michele M Rrarlfnrd, Fc~~ , id Nn (~9R49 Inrlith T. Rnmann, Fc~i , i~l Nn SR74S Pro Prothy Sheetial R_ Shah-ani,~} , id Nn R1760 Ienine R -~aver_ F~~ , id Nn R7077 i amen R Tahaq, Fc~, , ici Nn 9'13'7 Date Vivek Srivastava, Rc~F , ir1_ Nn_ 7(17't'il Tarr R innpC, Fc , irl Nn RhF57 Petx i_ Mnlrsh„ Fc1~ , id Nn 61791 Andrew i. C tn'vark, Rcn ~ i~l Nn R44'i9 Iaime McC;i~innecS, Rc , irl Nn 9(11 'i4 ( hricnvalante P_ Flialrnc~ Fcn , i~l Nn 9467(1 Inshna i_ (`,nlrlman,~ , iti Nn 2(15(147 (:rn~rtena~ R_ n~mn, Fc~~ , itl_ Nn 7(16779 Andrew C RramhleM~F~1 ~ irl Nn OR'i75 1617 1FK Rro~levarti Sui a 14(1(1 nne Penn ('enter Playa Philade hia~ PA 19103 File #: 220051 r Plaintiff(s) WELLS FARGO BANK, N.A. Defendant(s) GEORGE R. BARRICK MARGARET J. BARRICK DANIEL R. BARRICK Serve At MARGARET J. BARRICK 2652 MIDDLE RIDGE ROAD NEWPORT, PA 17074-8134 Special Instructions SHERIFF'S RETURN OF SERVICE PERRY COUNTY TO BE COMPLETED BY SHERIFF CIVIL ACTION NUMBER SHERIFF'S NUMBER COST MILEAGE DISTRICT - Summons ~ Complaint _ Other TYPE OF ACTION Mortgage Foreclosure Served and made known to Defendant, on the _ day of , 20_, at 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' o'clock, _.m, at 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: TO BE COMPLETED BY PROTHONOTARY I awrence T Phelan, F.ct~ , id N Francis C Hallman, F,cr~ , id Nn F2F95 ATTEST Daniel Ci Schmjpg, Fc1~ , id Nn 6905 Michele M. Rradfnrd, Fc~ , id Nn 69R49 Judith T. Rnmann~ F~ , id Nn SR745 Pro Prothy Shertal R Shah_iani, Fs , id Nn R17fi0 Ienine R Dave., Fsc~ , Td Nn R7077 ia11M.n R Tahaq,~ , id Nn 9'I'i't7 Date Vivek Crivastava, Fsc~ , Td Nn 202'I~ 1 ~~ R innes~ Fcc~ _ id Nn RFF57 p er f M dcah~, Fs _ id Nn 61791 Andrew T. ivack, Fcn , id Nn R44't9 Iaime McC:ninnesc,~ , id Nn 90144 f hnisnvalante P FliaknS,~ , id Nn 9467(1 Inshna i C`,nldman, Fcn , id Nn ~05p47 ('nllrtell y R Dnnn, F~~ry id Nn 7!1(779 Andrew (` Rramhlett, Rcn , id Nn 2nR975 1617 iFfC Rnlllevarri, Slnte 1400 f)rle Penn Caper Playa Philadelphia, PA 19101 File #: 220051 SHERIFF'S RETURN OF SERVICE PERRY COUNTY Plaintiff(s) -WELLS FARGO BANK, N.A. Defendant(s) GEORGE R. BARRICK MARGARET J. BARRICK DANIEL R. BARRICK Serve At GEORGE R. BARRICK 2652 MIDDLE RIDGE ROAD NEWPORT, PA 17074-8134 Special Instructions TO BE COMPLETED BY SHERIFF CIVIL ACTION NUMBER SHERIFF'S NUMBER COST MILEAGE DISTRICT Summons ~ Complaint _ Other TYPE OF ACTION Mortgage Foreclosure Served and made known to ,Defendant, on the -day of , 20, at 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 o'clock, ..m., at 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 PLAIN'T'IFF: TO BE COMPLETED BY PROTHONOTARY Pro Prothy Date File #: 220051 r DATE RECEIVED SHERIFF'S DEPARTMENT CLINTON COUNTY, PENNSYLVANIA COURTHOUSE, BASEMENT, LOCK HAVEN, PA 17745 INSTRUCTIONS: Print legibly, insuring readability of all copies. Do not detach any copies. CCSD ENV.# SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN 1 rLHlrv I Irr r 5 r Wells Fargo Bank, N. A. DATE PROCESSED ra~ U9 a9-847 3. DEFENDANT 1 S / 4. TYPE OF WRIT OR COMPLAINT Barrick, George R. et al. Notre & Goyplaint/Foreclosure SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD. MARGARET J. BRRRICK 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP Code) AT 15 W. KELLER 5T LOGK HAVEN PA 17745 7. INDICATE UNUSUAL SERVICE: PERSONAL ^ PERSON IN CHARGE DEPUTIZE CERT. MAIL REGISTERED MAIL POSTED OTHER NOW, 20 , I, SHERIFF OF CLINTON COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return thereof according to law. This deputation being made at the request and risk of the plaintiff. SHERIFF OF CLINTON COUNTY 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 property 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 part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriffs' sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf of: 10. TELEPHONE NUMBER 11. DATE ^ PLAINTIFF JAIME MGGUINNE5S ^ DEFENDANT 1?/1A/titQ I acknowledge receipt of the writ 12. or complaint as indicated above. SIGNATURE of Authorized CCSD Depufy or Clerk and Title ~ 13. Date Received ~ 14. Expiration/Hearing date M. BILBY 5EGRETARY 1~/ilaim9 f ~ac.na 15. I hereby CERTIFY and RETURN that I ^have personally served, ^have served person in charge, ^have legal evidence of service as shown in "Remarks" (on reverse) ^ have posted the above described property with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, corporation, etc., at the address inserted below by handling/or Posting a TRUE and ATTESTED COPY thereof. 16. hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 17. a and title of individual served 18. A person of suitable age and discretion Read Order y~ ~ 1 ~I O~ ~ ~S~ ~ then residing in the defendant's usual place ~V /// ~j~ of abode. ^ ^ 19. Address of where served (complete only ii different than shown above) (Street or RFD, Apartment No., City, Boro, Twp., 20. Date of Service 21. Time State and ZIP Code) 22. ATTEMPTS D22at~ Miles ep. 1 Date Mlles Dep. Int. Date Mlles Dep. Int. Date Miles Dep. Int. Date Mlles Dep. Int. ~v, 23. Advance Costs 24. 25. 26. 27. Total Costs 28. COST DUE OR REFUND AFFIRMED and subscribed to before me this ~/.~i ~.~NS/l /7 / / _w day of ' 20 ~ 6y (flKpE~h R.ff11~ ~~gN~Y Print or Type) L (~K Date i at r f eriff Dat V ~ ~ ~ ~a NOTARY P C SNERIFF CLINTON C Y MY CO ISSION EXPIW RRY L. YA ISON I ACKNOW EDGE ~i1~11~fSST~1 OF AUTHO IZED IS~ -IO J I Y ~~' RE URN SIGNATURE TITLE 39. Date Received ~ ~ ~ ~ . PROTHONOTARY SPACE BELOW FOR USEHOF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE ~ ~~ SHERIFF'S RETURN OF SERVICE ( ) (1) ( ) (2) ( ) (3) The within _._________--_ .-- upon --- defendant by mailing to__________- bY- - - ------ prepaid, _ _ ___ __ __- __-- a true and attested copy thereof at ,the within named on the mail, return receipt requested, postage The return receipt signed by______________ .----__ defendant on the._ __ - is hereto attached and made a part of this return. Outside the Commonwealth, pursuant to Pa. RCP.aoS (c) (~> (2), by mailing a true and attested copy thereof at __._ in the following manner: (a) To the defendant by ( ) registered ( )certified mail, return receipt requested, postage prepaid. addressee only on the ______- , said receipt being returned NOT signed by defendent, but with a notation by the Postal Authorities that Defendant refused to accept the same. The returned receipt and envelope is attached hereto and made part of this return. And thereafter: (b) To the defendant by ordinary mail addressed to defendant at same address, with the return address of the Sheriff appearing thereon, on the I further certify that after fifteen (15) days from the mailing date, I have not received said envelope back from the Postal Authorities. A certificate of mailing is hereto attached as a proof of mailing. By publication in the Lock Haven Express, a weekly publication of general circulation in the County of Clinton, Commonwealth of Pennsylvania, one time with publication appearing_ -_ --__-- - The affidavit from said Lock Haven Express is hereto attached. ( ) (4) By mailing by _- a true and attested copy thereof at The_ -- Authorities marked _ is hereto attached. ( ) (5) Other -____ returned by the Postal mail, return receipt requested, postage prepaid, on the DATE RECEIVED SHERIFF'S DEPARTMENT CLINTON COUNTY, PENNSYLVANIA COURTHOUSE, BASEMENT, LOCK HAVEN, PA 17745 DATE PROCESSED SHERIFF SERVICE INSTRUCTIONS: PROCESS RECEIPT, and AFFIDAVIT OF RETURN Print legibly, insuring readability of all copies. // / /7 ~~ Do not detach any copies. CCSD ENV.# r/ /O(/ y 1. PLAINTIFF 1 S / 2. COURT NUMBER Wells Fargo Bank, N. A. 09-8407 3. DEFENDANT 1 S / 4. TYPE OF WRIT OR COMPLAINT Barrick, George R, et al. Notice & Cosplaint/Foreclosure SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD. GEORGE R. BARRICY 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP Code) AT 15 W. KELLER ST LOCK HAVEN, PA 17745 7. INDICATE UNUSUAL SERVICE: ~ PERSONAL ^ PERSON IN CHARGE ~ DEPUTIZE CERT. MAIL ^ REGISTERED MAIL ~ POSTED ~ OTHER NOW, 20 , I, SHERIFF OF CLINTON COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return thereof according to law. This deputation being made at the request and risk of the plaintiff. SHERIFF OF CLINTON COUNTY 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 property 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 part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriffs' sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf of: 10. TELEPHONE NUMBER PLAINTIFF 1AIME MCGUINNESS ^ DEFENDANT 11. DATE i~/10/09 SPACE BELOW FOR USE~OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE I acknowledge receipt of the writ SIGNATURE of Authorized CCSD Deputy or Clerk and Title 13. Date Received 14. Expiration/Hearing date 12. or complaint as indicated above. CHRISTINA M. BILBY SECRETARY 1^c/10/09 1/Ofi/10 15. I hereby CERTIFY and RETURN that I ^have personally served, ^have served person in charge, ^have legal evidence of service as shown in "Remarks" (on reverse) ^have posted the above described property with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, corporation, etc., at the address inserted below by handling/or Posting a TRUE and ATTESTED COPY thereof. 16. pfl hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 17. Dame and title of individual served ~~ ~ ~ ~j 18. A person of suitable age and discretion then residing in the defendant's usual place of abode. Read Order 1 dres of where served (complete only i different than shown above) (Street or RFD, Apartment No., City, Boro, wp., State and ZIP C ode) 20. Date of Service 21. Time tl L 22. ATTEMPTS ^Dat ?~~ Mlles Dep. Int. Date Miles Dep. Int. Date Mlles Dep. Int. Date Mlles Dep. Int. Date Mlles Dep. Int. 23. Advance Costs 24. 25. 26. 27. Total Costs 28. COST DUE OR REFUND G FH ~l mil /T/ D~ ~ SWE/C 1 fY AFFIRM and auhccrihwrl fn hwfnra ma fhic 1 /r-' / ~ J~--~- ~ By (~errAfd'~. Sheriff) (Please Prin[ or Type) Date day o Si at e f Sheriff 'pate /)' N ? SHERIFF F CLINTON C Y ERRY L. YARR ON M COMMISSIO E I ACKNO LEDG dR1t71~"ILNEES F'S R TURN SIGNATURE 39. Date Received OF AUTH IZED ISSt;1g{II~~TFjJ~(Tp~~ TITLE. PROTHOiVOTARY SHERIFF'S RETURN OF SERVICE ( ) (1) The within ________ upon -------- defendant by mailing to bY- -- - - -- ------------------ prepaid, a true and attested copy thereof at ,the within named on mail, return receipt requested, postage The return receipt signed by _ __ defendant on the... _-___ ___ ____ ___~__ is hereto attached and made a part of this return. ( ) (2) Outside the Commonwealth, pursuant to Pa. RGP.aoS lc) (i) (2), by mailing a true and attested copy thereof at__._ in the following manner: ( ) (a) To the defendant by ( )registered ( )certified mail, return receipt requested, postage prepaid, addressee only on the _ , said receipt being returned NOT signed by defendent, but with a notation by the Postal Authorities that Defendant refused to accept the same. The returned receipt and envelope is attached hereto and made part of this return. And thereafter: ( ) (b) To the defendant by ordinary mail addressed to defendant at same address, with the return address of the Sheriff appearing thereon, on the _ I further certify that after fifteen (15) days from the mailing date, I have not received said envelope back from the Postal Authorities. A certificate of mailing is hereto attached as a proof of mailing. ( ) (3) By publication in the Lock Haven Express, a weekly publication of general circulation in the County of Clinton, Commonwealth of Pennsylvania, one time with publication appearing __ The affidavit from said Lock Haven Express is .hereto attached. ( ) (4) By mailing to by ( ) (5) a true and attested copy thereof at The Authorities marked is hereto attached. Other _ __ mail, return receipt requested, postage prepaid, on the returned by the Postal DATE RECEIVED SHERIFF'S DEPARTMENT CLINTON COUNTY, PENNSYLVANIA COURTHOUSE, BASEMENT, LOCK HAVEN, PA 17745 DATE PROCESSED SHERIFF SERVICE INSTRUCTIONS: ~/~JQ PROCESS RECEIPT, and AFFIDAVIT OF RETURN Print legibly, insuring readability of all copies. /~ j~, C' Do not detach any copies. CCSD ENV.# 1. PLAINTIFF / S / 2. COURT NUMBER Wells Fargo Bank, N. A. @9-8407 3. DEFENDANT 1 S ! 4. TYPE OF WRIT OR COMPLAINT Warrick, George R. et ai. Notice & Coyplaint/Foreclosure SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD. DANIE! R. BARRICK 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP Code) AT 15 W. KElLER ST LOCK I#tVEN, PA 17745 7. INDICATE UNUSUAL SERVICE: ~ PERSONAL ~ PERSON IN CHARGE ~ DEPUTIZE ~ CERT. MAIL ^ REGISTERED MAIL ~ POSTED ~ OTHER NOW, 20 , I, SHERIFF OF CLINTON COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return thereof according to law. This deputation being made at the request and risk of the plaintiff. SHERIFF OF CLINTON COUNTY 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 property 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 part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriffs' sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf of: ~ 10. TELEPHONE NUMBER ~ 11. DATE ^ PLAINTIFF ^ DEFENDANT SPACE BELOW FOR USE20F SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE I acknowledge receipt of the writ SIGNATURE of Authorized CCSD Deputy or Clerk and Title 13. Date Received 14. Expiration/Hearing date 12. or complaint as indicated above. CIfRISTINA M. BIlBY SECRETARY 12/1$/09 1/06/1® 15. I hereby CERTIFY and RETURN that I ^have personally served, ^have served person in charge, ^have legal evidence of service as shown in "Remarks" (on reverse) ^have posted the above described property with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, corporation, etc., at the address inserted below by handling/or Posting a TRUE and ATTESTED COPY thereof. 16. I~,IJlereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 17. and title of individual served ~_ ~ /ty'~ 18. A person of suitable age and discretion then residing in the defendant's usual place of abode. ^ Read Order ^ 19. Address of where served (complete only if different than shown above) (Street or RFD, Apartment No., City, Boro, Twp., 20. Date of Service 21. Time State and ZIP Code) /~- V v tt '~_ ~ 1 22. ATTEMPTS Date a Miles a' Dep. Int. IAs~~ Date Miles Dep. Int. Date Mlles Dep. Int. Date Mlles Dep. Int. Date Mllea Dep. Int. 23. Advance Costs 24. 25. 26. 27. Total Costs 28. COST DUE OR REFUND ~/~/ 1 c~/f OD SO A`NS/WF$. I~ fJ ercior„rcn ~...1.c„ti~...ctiea ... tier...e ...e .~.~~ ! 7r, / ~ / i .L ~i~i J~ I)( /?/S/`_/ A w ~'~t v By ep. Sheriff) (Please Print or Type) Date day of Sig t r of heri Date _ _ ~' AT ~ SHERI OF LINTON COON To CoL3rity Proth rotary MY MMISSION EXP I ACKNOW EDGE RE~¢iHJ)CmF..~lff. ~~~RIFF'S RE URN SIGNATURE 39. Date Received OF AUTHO Y AND TITLE. PROTiiONOTAE2Y SHERIFF'S RETURN OF SERVICE (1) .The within ____-___ upon defendant by mailing to by---- -- -__ ------- prepaid, ____ ___ a true and attested copy thereof at a true and attested copy thereof at The return receipt signed by _-__ _________ defendant on the _- ~ is hereto attached and made a part of this return. ( ). (2) Outside the Commonwealth, pursuant to Pa. ROP.aos (c) (1) (2>, by mailing a true and attested copy thereof at __ in the following manner: ( ) (a) To the defendant by ( ) registered ( )certified mail, return receipt requested, postage prepaid, addressee only on the ___ __ __ , said receipt being returned NOT signed by defendent, but with a notation by the Postal Authorities that Defendant refused to accept the same. The returned receipt and envelope is attached hereto and made part of this return. And thereafter: ( ) (b) To the defendant by ordinary mail addressed to defendant at same address, with the return address of the Sheriff appearing thereon, on the_ I further certify that after fifteen (15) days from the mailing date, I have not received said envelope back from the Postal Authorities. A certificate of mailing is hereto attached as a proof of mailing. ( ) (3) By publication in the Lock Haven Express, a weekly publication of general circulation in the County of Clinton, Commonwealth of Pennsylvania, one time with publication appearing The affidavit from said Lock Haven Express is hereto attached. ( ) (4) By mailing to bY- _- ( ) (5) mail, return receipt requested, postage on the mail, return receipt requested, postage prepaid, on the _ _ The_ Authorities marked is hereto attached. Other ______-___ returned by the Postal the within named In The Court of Common Pleas of Cumberland County, Pennsylvania Wells Fargo Bank, NA vs. Daniel R. Barrick, Margaret J. Barrick and Geroge R. Barrick 2652 Middle Ridge Road Newport, PA 17074 Civil No. 2009-8407 Now, December 8, 2009, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to So answers, Sworn and subscribed before me this day of ,20 Sheriff of COSTS SERVICE $ MILEAGE_ AFFIDAVIT County, PA 20 , at o'clock M, served the copy of the original the contents thereof. Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Attorney For Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff , Civil Division ° vs -, U1 (rs CUMBERLAND County :xl ':., GEORGE R. BARRICK c.r) r- <> rQ co MARGARET J. BARRICK _ No. 09-8407 DANIEL R. BARRICK , w`-• c ' Defendant -- PRAECIPE TO THE PROTHONOTARY: Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: September 23, 2010 PHELANJLMIL INAN & SCHMILQ, LLP 0 Fri v ----1c, e.,r- CD --? c? -Irl Lawrence elan, Esq., Id. No. 32227 4 Francis allinan, Esq., Id. No. 62695 Da ' 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 PHS# 220051 Attorneys for Plaintiff