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Home My WebLink About10-1401Phelan 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 231360 WELLS FARGO FINANCIAL PENNSYLVANIA, INC. MAC F4031-086 800 WALNUT DES MOINES, IA 50309 V. Plaintiff KAREN E. GEIDEL VIRGIL E. GEIDEL 178 RED TANK ROAD BOILING SPRINGS, PA 17007-9508 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 1164 FEDERAL BUILDING, 228 WALNUT STREET HARRISBURG, PA 17101 Defendants File #: 231360 FILE ?„-=-'? r - "Y 2010FEB 20 F1 1: 43 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ID - i4o) Civ' (Te '' CUMBERLAND COUNTY ArN - o'oo Pb a*q 1 U 331 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take actiorlZwitl in, jj1?".(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 3 File #: 231360 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: KAREN E. GEIDEL VIRGIL E. GEIDEL 178 RED TANK ROAD BOILING SPRINGS, PA 17007-9508 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 1164 FEDERAL BUILDING, 228 WALNUT STREET HARRISBURG, PA 17101 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 04/25/2005 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. 1906, Page 4115. 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 02/28/2009 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 #: 231360 6 The following amounts are due on the mortgage: Principal Balance $123,594.08 Interest $10,485.24 01/28/2009 through 02/24/2010 (Per Diem $26.68) Attorney's Fees $650.00 Cumulative Late Charges $0.00 04/25/2005 to 02/24/2010 Costs of Suit and Title Search $-550-00 Subtotal $135,279.32 Escrow Credit $0.00 Deficit $0.00 Subtotal MM TOTAL $135,279.32 7 8 Plaintiff is nat seeking a judgment of personal liability (or an in ners? onam 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 41C l 01 f1yd .S? 1\aAi , 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 #: 231360 9. The United States of America is made a Defendant herein pursuant to 28 U.S.C. 2410, because of federal tax liens that have been filed with the Prothonotary of CUMBERLAND County in the Judgment Index Unit as follows: (a) United States vs. VIRGIL E. GEIDEL AND KAREN E. GEIDEL ; IRS Docket No. 200874813; filed 08/11/2008; in the amount of $6,577.41. WHEREFORE, Plaintiff demands an in rum judgmenti'against the Defendant(s) in the sum of $135,279.32, together with interest from 02/24/2010 at the rate of $26.68 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 HALLINAN & 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 ? Jemne R .'Davey, Esq., Id. No. 87077 ? Laurpn,?,Xabas, 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 M Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 231360 ± ' ` LEGAL DESC, MPTION ,r ALL THE FOLLOWING DESCRIBED REAL ESTATE, TOGETHER WITH THE IMPROVEMENTS THEREON ERECTED, LYING AND BEING SITUATE IN South MIDDLETON TOWNSHIP, CUMBERLAND COUTY, PENNSYLVANIA, BOUNDED AND LIMITED AS FOLLOWS: BEGINNING AT A STEEL PIN SET ON THE Southernmost DEDICATED RIGHT-OF-WAY LINE OF RED TANK Road, ALSO KNOWN AS TOWNSHIP Road T-542, SAID PIN MARKING THE POINT OF JOINDER OF THE LINE WHICH EXTENDS BETWEEN Lots NO. 1 AND 2 ON THE HEREINAFTER MENTIONED SUBDIVISION WITH SAID DEDICATED RIGHT-OF-WAY LINE, AND SAID PIN ALSO BEING LOCATED South 84 DEGREES 16 MINUTES 50 SECONDS East FOR A DISTANCE OF 240.89 FEET FROM A CONCRETE MONUMENT WHICH MARKS THE Northwesternmost CORNER OF THE PARCEL OF WHICH THIS TRACT WAS ONCE A PART; THENCE EXTENDING IN AND ALONG THE Southernmost DEDICATD RIGHT-OF-WAY LINE OF RED TANK Road BY AN ARC OR CURVE TO THE LEFT HAVING A RADIUS OF 337.37 FEET, A CHORD BEARING OF North 77 DEGREES 8 MINUTES 20 SECONDS East, FOR AN ARC DISTANCE OF 218.82 FEET TO A uthernmost DEDICATED RIGHT OF- WAY LINE OF RED TANK Road, 'At LotT THE HEREINAFTER MENTIONED Plan OF Lots; THENCE DEPARTING FROM THE Southernmost DEDICATED RIGHT-OF- WAY LINE AND EXTENDING ALONG Lot NO.3 ON THE HEREINAFTER MENTIONED Plan OF Lots, THE FOLLOWING TWO COURSES AND DISTANCES: South 8 DEGREES 29 MINUTES 10 SECONDS East FOR A DISTANCE OF 291.25 FEET TO A STEEL PIN; THENCE CONTINUING ALONG Lot NO. 3, South 81 DEGREES 30 MINUTES 50 SECONDS West FOR A DISTANCE OF 171.09 FEET TO A STEEL PIN AT Lot NO. 1 ON THE HEREINAFTER MENTIONED Plan OF Lots; THENCE CONTINUING AND EXTENDING ALONG Lot NO. 1 North 17 DEGREES 26 MINUTES 15 SECONDS West FOR A DISTANCE OF 278.24 FEET TO A STEEL PIN ON THE Southernmost DEDICATED RIGHT-OF-WAY LINE OF RED TANK Road, SAID PIN MARKING THE PLACE OF BEGINNING. CONTAINING 1.198 ACRES, AND BEING DESIGNATED AS Lot NO.2 ON A FINAL Plan OF MINOR SUBDIVISION PREPARED FOR KIMBA, INC., BY RODNEY LEE DECKER AND ASSOCIATES, DATED July 31, 1979, AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN Plan BOOK 36, PAGE 146. , 01- 3, 0 ADDRESS: 178 RED TANK Road; BOILING SPPLINGS, PA 17007 TAX MAP OR PARCEL ID NO.: 40-12-0342-033-B File #: 231360 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. 1? - 11 v s. ,: s 1-! 13," ! <a orney for Plaintiff DATE: O File #: 231360 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~~~-i;,~rlC~ Sheriff p! ~~~~'1,~n'~CaT~~ Jody S Smith `" Chief Deputy ~ ,~~~:{~ ~R _~ ~~ ~~ Q 2 Edward L Schorpp ' Solicitor ~r~ ~~` ~~~~ ~;~. ,~,~; tii~:~ ~' ~'v~~Y PEA ~i~~Yl.`~'1~;~1~ WeNs Fargo Financial Pennsylvania Inc vs. Virgil E. Geidel (et al.) Case Number 2010-1401 SHERIFF'S RETURN OF SERVICE 0 310 312 0 1 0 Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 3, 2010 at 1347 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Virgil E. Geidel, by making known unto himself personally, at 178 Red Tank Road, Boiling Springs, Cumberland County, Pennsylvania 17007 its contents and at the same time handing to him personally the said true and correct copy of the same. 03/03/2010 Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 3, 2010 at 1347 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Karen Geidel, by making known unto Virgil E. Geidel, Husband of defendant at 178 Red Tank Road, Boiling Springs, Cumberland County, Pennsylvania 17007 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST; $49.40 March 04, 2010 SO ANSWERS, /~ ~-~. RON R ANDERSON, SHERIFF ~ -~ `°_~~ NOAH CLINE, DEPUTY SHERIFF c? Coun`ySuite Sheriff. T~.eosafi. In~:. 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 vs KAREN GEIDEL VIRGIL GEIDEL THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendant PRAECIPE TO THE PROTHONOTARY: Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. X Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. Please mark the in rem judgment Satisfied and the action Date: PHS# 231360 : I Civil Division : CUMBERLAND County : I No. 10-1401-CIVIL TERM SCHMIEG, LLP Lawrence T. Phelan, Es o. . . Francis S sq., Id. No. 62695 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 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 A)Arew C. Bramblett, Esq., Id. No. 208375 /Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Attorneys for Plaintiff lea ?Q %a CZ ss ? 8 O rn W Lp :C3 -C ce d ?3 2tp'L6// PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO FINANCIAL PENNSYLVANIA, INC. Plaintiff Court of Common Pleas vs Civil Division KAREN GEIDEL CUMBERLAND County VIRGIL GEIDEL THE UNITED STATES OF AMERICA C/O THE No. 10-1401-CIVIL TERM UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendant CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff's Praecipe was served by regular mail to the person(s) on the date listed below: KAREN GEIDEL VIRGIL GEIDEL 178 RED TANK ROAD BOILING SPRINGS, PA 17007-9508 Date: ( By: / Lawrence T. Phelan-,-Esq., Id. No. 32227 Francis S. Hallinan, Esg,,I . . Daniel G. Schmieg, q., 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 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Anjprn,C. Bramblett, Esq., Id. No. 208375 lison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Attorney for Plaintiff