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Home My WebLink About10-073204 FILE[) - 2010) N 2 9 FiI !'T0' 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. 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 ATTORNEY FOR PLAINTIFF 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 227985 WELLS FARGO FINANCIAL PENNSYLVANIA, INC. COURT OF COMMON PLEAS MAC F4031-086 800 WALNUT CIVIL DIVISION DES MOINES, IA 50309 TERM Plaintiff V. NO. 10 - "301 wit -Term DAVID J. MARKHAM CUMBERLAND COUNTY 60 FAITH CIRCLE CARLISLE, PA 17013-8872 Defendant *Q a .00 P6 All'( File #: 227985 Z14 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 #: 227985 ti 1. 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: DAVID J. MARKHAM 60 FAITH CIRCLE CARLISLE, PA 17013-8872 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/07/2007 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. 1982, Page 2073. 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 08/12/2009 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 #: 227985 M 6. The following amounts are due on the mortgage: Principal Balance $127,418.57 Interest $6,200.00 07/12/2009 through 01/27/2010 (Per Diem $31.00) Attorney's Fees $650.00 Cumulative Late Charges $0.00 02/07/2007 to 01/27/2010 Costs of Suit and Title Search -5-50.00 Subtotal $134,818.57 Escrow Credit $0.00 Deficit $0.00 Subtotal S OM TOTAL $134,818.57 7 8. Plaintiff is not seeking a judgment of personal liability (or an in ners? 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. 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. File #: 227985 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $134,818.57, together with interest from 01/27/2010 at the rate of $31.00 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HAL AN & 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 E Je ' e R. Davey, Esq., Id. No. 87077 auren 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 Attorneys for Plaintiff File #: 227985 LEGAL DESCRIPTION LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF MIDDLETON IN THE COUNTY OF CUMBERLAND, AND STATE OF PA AND BEING DESCRIBED IN A DEED DATED 03/09/2001 AND RECORDED 03/28/2001 IN BOOK 241 PAGE 772 AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, AND REFERENCED AS FOLLOWS: BOUNDED AND DESCRIBED IN ACCORDANCE WITH A SURVEY BY STEPHEN G. FISHER, R.S., DATED November 24, 1978, AS FOLLOWS: BEGINNING AT A STAKE ON THE Southern RIGHT OF WAY LINE OF FAITH CIRCLE; THENCE ALONG THE DIVIDING LINE OF Lot NOS. 10 AND 11 OF THE HEREINAFTER MENTIONED Plan OF Lots, South 38 DEGREES 15 MINUTES 26 SECONDS East, 351.31 FEET TO A POINT ON THE Southeastern SIDE OF WERTZ RUN; THENCE ALONG SAID RUN, North 48 DEGREES 54 MINUTES 51 SECONDS West, 12 FEET TO A POINT ALONG SAID RUN; THENCE ALONG THE DIVIDING LINE OF Lot NOS. 11 AND 12 OF THE HEREINAFTER MENTIONED Plan OF Lots, North 29 DEGREES 44 MINUTES 01 SECONDS East, 205.84 FEET TO A STAKE; THENCE CONTINUING ALONG THE SAME, North 19 DEGREES 10 MINUTES 42 SECONDS East, 140 FEET TO A STAKE ON THE Southern RIGHT OF WAY LINE OF FAITH CIRCLE; THENCE ALONG THE SAID RIGHT OF WAY LINE HAVING AN ARC RADIUS OF 270 FEET, A DISTANCE OF 89.91 FEET TO A STAKE, THE POINT AND PLACE OF BEGINNING. BEING Lot No. 11 of Section 1 of Kingsbrook, recorded in Cumberland County Plan Book 23, Page 87. PARCEL NO. 29-14-0868-012 PREMISES: 60 FAITH CIRCLE, CARLISLE, PA 17013-8872 File #: 227985 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 authorities. W&1a-53l DATE: A for Plaintiff File #: 227985 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Fl~~i"P~,(;~ Sheriff ~$~,,~tr ~t ~rr,ubrr,,~i~ ~3F ?~!!i P~+'_~~I-?t'~~'~j,7~'A~ Jody S Smith ~ Chief Deputy a. , r._. Z~ ~Q ~EB -Q ~i~ ~ j Edward L Schorpp Solicitor ~ G - ~ -. ~ ,.~u;-~ ~U{'~'1 ~_t ~ ~._ r ~j~~d~~~ ~t`~~I~+P':'Cr Wells Fargo Financial Pennsylvania Inc vs. David J. Markham Case Number 2010-732 SHERIFF'S RETURN OF SERVICE 02/01/2010 09:06 PM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on February 1, 2010 at 2106 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: David J. Markham, by making known unto himself personally, at 60 Faith Circle, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $33.40 February 03, 2010 SO ANSWERS, O Y R ANDERSON, SHERIFF Deput heriff CouniySuitn SFerff. Te:es7`l. IrC. Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ~"~1~~"V6 ~~~~ Attorney For Pla~til~'~°~~ ~~~ i ~'~~'~~~~~~~~ 2~1~ OCR' -~ P'i~1 3~ ~ t':114~9EI;L~,~'~:~ a~OkJsTi' WELLS FARGO FINANCIAL PENNSYLVANIA, Court of Commbi`c~i'1'~'as '" ° ° INC. Plaintiff Civil Division vs CUMBERLAND County DAVID J. MARKHAM No. 10-732 CIVIL TERM Defendant PRAECIPE TO THE PROTHONOTARY: Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: September 27, 2010 PHEL HALLINAN & SCH,MIEG, LLP By: 0~ Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. I-Iallinan, 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., ]d. 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# 227985 Attorneys for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Attorney For Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO FINANCIAL PENNSYLVANIA, Court of Common Pleas INC. Plaintiff Civil Division vs CUMBERLAND County DAVID J. MARKHAM No. 10-732 CIVIL TERM Def endant PRAECIPE TO THE PROTHONOTARY: Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: September 27, 2010 HELAN HALLI & SCHMIEG, LLP By: La ence T. Phelan, Esq., Id. No. 32227 Fr is S. Hallinan, Esq., d. No. 62695 Da el G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 587 Sheetal R. Shah-Jani, Esq., Id. No. 1760 Jenine R. Davey, Esq., Id. No. 87M7 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., ld. 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 PHS4 227985 Attorneys for Plaintiff CD c o °?? cm :ZM --? M- 'o r- r C) c?a r" Z: < -. p = -?t =p 3 =F5 CDM