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Home My WebLink About09-8612Phelan 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 L,Wivek 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 209344 WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. TIARA J. LAMAN ROBERT E. LAMAN 536 NORTH ENOLA DRIVE ENOLA, PA 17025-2120 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Oa - Sblol Ni['Ter" CUMBERLAND COUNTY File #: 209344 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 #: 209344 Plaintiff is WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: TIARA J. LAMAN ROBERT E. LAMAN 536 NORTH ENOLA DRIVE ENOLA, PA 17025-2120 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/21/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to WASHINGTON MUTUAL BANK, FA, A FEDERAL ASSOCIATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1808, Page 0792. By Assignment of Mortgage recorded 03/09/2007 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 0734, Page 4743. The mortgage and assignrrient(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 01/01/2009 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 #: 209344 6 The following amounts are due on the mortgage: Principal Balance $84,053.86 Interest $5,100.81 12/01/2008 through 12/12/2009 (Per Diem $13.53) Attorney's Fees $1,300.00 Cumulative Late Charges $0.00 04/21/2003 to 12/12/2009 Property Inspections $15.00 Cost of Suit and Title Search $5-50L00 Subtotal $91,019.67 Escrow Credit $0.00 Deficit $696.91 Subtotal S696-91 TOTAL $91,716.58 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 Sheriff s 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 nersonam 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 #: 209344 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 $91,716.58, together with interest from 12/12/2009 at the rate of $13.53 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 HAr'-CHMIEG, LLP By: ? Lawrence T. helan, 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 /J'=e 1 R. Shah-Jani, Esq., Id. No. 81760 R. Davey, Esq., Id. No. 87077 R. Tabas, Esq., Id. No. 93337 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 #: 209344 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground with the buildings and improvements thereon erected situate in East Pennsboro Township, Cumberland County, Pennsylvania, and described according to Plan of Lots, Louis Park, made by D.P. Raffensperger, Registered Surveyor, on December 21, 1951 and recorded in the Office of the Recorder of Deeds, Carlisle, Pennsylvania, in Plan Book No. 5, page 50, as follows, to wit: BEGINNING at a point on the Northeast side of Altoona Avenue (Legislative Route 21052) at the distance of two hundred twenty-two and ninety-six one hundredths feet measured along same, South forty-six degrees East from its point of intersection with the Southeast side of Louis Lane (North) (sixty feet wide) containing in front or breadth on said Altoona Avenue, sixty-four feet measured South forty-six degrees East from said beginning point and extending of that width in length or depth North forty-four degrees East between parallel lines at right angles to the said Altoona Avenue one hundred and ten feet. BEING Lot #44 on said Plan. HAVING THEREON ERECTED a single dwelling house formerly known as No. 44 North Enola Drive, Louis Park, Enola, Pennsylvania, now known as No. 536. PROPERTY BEING; 536 NORTH ENOLA DRIVE PARCEL# 09-12-2992-053 File #: 209344 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 unswom falsifications to authoriti eX v?`? I DATE: , c l File #: 209344 0 LED- C`-T,I''E 7AIRY 26 DEC 15 Ai l i : 13 7y q a . oo P p ATW -? gs'86-to ? a?oa9 SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant ovtr at %,unGr t n? 1009 DEC 22 Pik 2: 4 Li CUhl" _ Edward L Schorpp Solicitor Wells Fargo Bank, N.A., vs. Tiara J. Laman Case Number 2009-8612 SHERIFF'S RETURN OF SERVICE 12/16/2009 05:30 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 16, 2009 at 1730 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Tiara J. Laman, by making known unto Robert E. Laman, Husband of defendant at 536 North Enola 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. 12/16/2009 05:30 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 16, 2009 at 1730 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Robert E. Laman, by making known unto himself personally, at 536 North Enola 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: $57.50 December 17, 2009 SO ANSWERS, R THOMAS KLIIE, SHERIFF By (C Cauniy5WC Sheriff. Teleosort Inc Phelan Hallinan & Schmieg, L LP 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. 8745 Sheetal R. Shah-Jani, Esq., Id. N. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 9337 Vivek Srivastava, Esq., Id. No. 292331 Jay B. Jones, Esq., Id. No. 866571 Peter J. Mulcahy, Esq., Id. No. 6 l 791 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 Clenay R. Dunn, Esq., Id. No 206779 drew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, NA COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. TIARA J. LAMAN ROBERT E. LAMA] TO THE PROTHONC PHS #: 209344 NO 09-8612-CIVIL-TERM COUNTY Kindly substitute the at1 complaint in the instant matter. A B Date: 12-28-09 verification for the verification originally filed with the lan Hallinan & Schmieg, LLP )rney for Plai iff 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 PHS #: 209344 VERIFICATION Xee Moua hereby states that he/she is V.P. 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, in?rmation and belief. The undersigned understands that this statement is made subject to t?e penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 12/16/09 Name: Xee Moua Title: V.P. Loan Documentation Company: WELLS FARGO HOME MORTGAGE, INC. File #: 209344 Laman 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. o.69849 Judith T. Romano, Esq., Id. No. 8745 Sheetal R. Shah-Jani, Esq., Id. N . 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 9 337 Vivek Srivastava, Esq., Id. No. 2P2331 Jay B. Jones, Esq., Id. No. 8665 Peter J. Mulcahy, Esq., Id. No. 6 1 791 Andrew L. Spivack, Esq., Id. No 84439 Jaime McGuinness, Esq., Id. No.l 90134 Chrisovalante P. Fliakos, Esq., Icy. No. 94620 Joshua I. Goldman, Esq., Id. No. II,205047 Courtenay R. Dunn, Esq., Id. Noj 206779 Andrew C. Bramblett, Esq., Id. I-o. 208375 1617 JFK Boulevard, Suite 1400, One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, NA Plaintiff VS. TIARA J. LAMAN ROBERT E. LAMAN Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-8612-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: TIARA J. LAMAN 536 NORTH ENOLA DRIVE ENOLA, PA 17025-2120 PHS #: 209344 ROBERT E. LAMAN 536 NORTH ENOLA DRIVE ENOLA, PA 17025-2120 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: ';e-" ? 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 1. Goldman, Esq., Id. No. 205047 V urtenay R. Dunn, Esq., Id. No. 206779 drew C. Bramblett, Esq., Id. No. 208375 Date: 12-28-09 PHS #: 209344 iCC GE- v 30! c David 1D. Buelf Prothonotary r,irkS. Sohonage, ESQ Soricitor 1750 l4nee T, Simpson 1,1 Deputy Prothonotary Irene E. Morrow 2nd Deputy Prothonotary Office of the Prothonotary Cumberland County, Pennsy(vania 09 • CIVIL TERM 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 One Courthouse Square • Suite 100 9 Carlisi"e, TA 17013 9 (717) 240-6195 • Ea--,C (717) 240-6573