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Home My WebLink About09-8526Phelan 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 L'enine 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 223119 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 V. Plaintiff ANDREW J. THOMPSON JENNIFER L. THOMPSON 1506 CHATHAM ROAD CAMP HILL, PA 17011-6022 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 6q- 86a(v CiV t I ?C;t"lfh CUMBERLAND COUNTY File #: 223119 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 #E: 223119 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: ANDREW J. THOMPSON JENNIFER L. THOMPSON 1506 CHATHAM ROAD CAMP HILL, PA 17011-6022 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/26/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR AMERICAN HOME MORTGAGE which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1929, Page 2831. 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 08/01/2009 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 #: 223119 6 The following amounts are due on the mortgage: Principal Balance $125,509.66 Interest $3 342.06 07/01/2009 through 12/09/2009 , (Per Diem $20.63) Attorney's Fees $1 325.00 Cumulative Late Charges , $158.28 10/26/2005 to 12/09/2009 Property Inspections $45 00 Cost of Suit: and Title Search . s55-am Subtotal $130,930.00 Escrow Credit ($187.96) Deficit $0 00 Subtotal . f 1 R7 9F1 TOTAL , . $130,742.04 7 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 nersnnam ??. 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 #: 223119 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 rim Judgment against the Defendant(s) in the sum of $130,742.04, together with interest from 12/09/2009 at the rate of $20.63 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 By: qLeZnce T. Phelan, Es Id. No. 32227 s 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 E],8lieetal R. Shah-Jani, Esq., Id. No. 81760 6 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 #: 223119 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in Highland Park, Lower Allen Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the northerly line of Chatham Road on the dividing line between Lots Nos. 28 and 29 on the hereinafter mentioned plan of lots; thence in a northeasterly direction along said dividing line one hundred twenty-five (125) feet to a point; thence in a southeasterly direction on a line parallel with Chatham Road fifty-five (55) feet to Lot No. 30 on said plan; thence in a southwesterly direction along said Lot No. 30, one hundred twenty-five (125) feet to Chatham Road; and thence along Chatham Road in a northwesterly direction fifty-five (55) feet to the place of BEGINNING. BEING Lot No. 29, Block 'A.' on the Revised Plan of Highland Park, as recorded in the Cumberland County Recorder's Office in Plan Book No. 3, Page 95. Thereon erected a single brick and frame dwelling house. BEING THE SAME PREMISES which Robert D. Noble, Executor of the Estate of Anne E. Noble, by deed dated May 25, 2000 and recorded June 5, 2000 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 222, page 813 granted and conveyed to Andrew J. Thompson and Jennifer L. Thompson, husband and wife. Premises being: 1506 CHATHAM ROAD, CAMP HILL, PA 17011 PARCEL#: 13-23-0547-063 File #: 223119 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: File #: 223119 0 THE 2008 pIEC 1 0 Ail I0: 4 2 rr J ._al'i l 1 CUNVI $qa.CC) Pty A7W CO 08(oa(a7 e aaH ea.o Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff WELLS FARGO BANK, N.A. Plaintiff ~ Court of Common Pleas . I Civil Division vs ANDREW J. THOMPSON JENNIFER L. THOMPSON Defendant ~ CUMBERLAND County No. 09-8526 CIVIL TERM TO THE PROTHONOTARY: PRAECIPE Please vacate the judgment(s) entered and mark the action discontinued and ended without prejudice. Date: September 23, 2010 ELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ~s 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 r-rd Jenine R. Davey, Esq., Id. No. 87077 r="'r--`' ~. 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. 9462 0 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 PHS# 223119 Attorneys for Plaintiff c:` ~ - ~ ~,;~ ~ -~s ~~ s =`? t~ ...a, ~ ~, `~ -~-1 ~t ~ ~ c? c=' --~ ~H.OO PQ RR'`/ ~~ too7as~ e,* a~14a7~