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Home My WebLink About10-201340 Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 OF THE: P-MI THONOT Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 20 10 M.' R 22 PM 2' 2 1 Michele M. Bradford, Esq., Id. No. 69849 . Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 GLa?J:,- . 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 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 233383 WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. COURT OF COMMON PLEAS 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 CIVIL DIVISION Plaintiff TERM v. NO. to - aoiB CIV;iTerm GREG A. LEMKELDE 411 REAR 7TH STREET CUMBERLAND COUNTY NEW CUMBERLAND, PA 17070-1926 Defendant O *ga.oo PQ -ate Cj?'vq&U (pq a File #: 233383 44 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 #: 233383 I . Plaintiff is WELLS FARGO BANK, N.A., SB/M WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: GREG A. LEMKELDE 411 REAR 7TH STREET NEW CUMBERLAND, PA 17070-1926 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/29/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to WAYPOINT BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1791, Page 2811. By Assignment of Mortgage recorded 04/09/2003 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 696, Page 726. 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 11/01/2009 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 #: 233383 6. The following amounts are due on the mortgage: Principal Balance $64,175.15 Interest $1,819.98 10/01/2009 through 03/18/2010 (Per Diem $10.7691) Attorney's Fees $650.00 Cumulative Late Charges $64.89 11/29/2002 to 03/18/2010 Property Inspections/Property Preservations $60.00 Mortgage Insurance Premium / $92.56 Private Mortgage Insurance Costs of Suit and Title Search $550-00 Subtotal $67,412.58 Suspense Credit $0.00 Escrow Credit $0.00 Deficit $240.78 Subtotal 240 78 TOTAL $67,653.36 7 8. Plaintiff is not seeking a judgment of personal liability (or an in nerr enam 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 File #: 233383 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 $67,653.36, together with interest from 03/18/2010 at the rate of $10.7691 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 (aj: By: ? Lawrence T. Phelan, sq., Id. No. 32227 ? Francis S. Hallinan, sq., 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 M 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 #: 233383 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situated in the Borough of New Cumberland, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows in accordance with survey by Michael D'Angelo, R. S., dated April 30, 1981: BEGINNING at a point on the southern side of a 10 feet wide alley, which point is at the eastern line of lands now or formerly of Andrew T. Juliana and Donna L. Juliana; thence North 59 degrees 44 minutes East along said alley 53.16 feet to a point; thence South 30 degrees 16 minutes East along the westerly line of Lot NO. 4, 32.2 feet to a point on the northern line of lands now or formerly of Elmer J. Williams; thence along the same and along lands now or formerly of Wilfred K. Hill, South 60 degrees 30 minutes West, 52.9 feet to the eastern line of said Juliana land; thence along the latter North 30 degrees 44 minutes 54 seconds West 31.49 feet to the point of BEGINNING. HAVING THEREON ERECTED a two-story apartment building and garage, known as 411 Rear 7th Street, New Cumberland. BEING THE SAME PREMISES which Bryan K. Hill and Vicky S. Hill, formerly known as Vicky S. Dilts, by their deed dated October 31, 1991, and recorded November 1, 1991, in Record Book 35, Page 449, in the Cumberland County Recorder of Deeds Office, granted and conveyed unto Barbara A. Wenrich, Grantor herein. By virtue of his marriage to Barbara A. Wenrich, Leo T. Wenrich does hereby join in this conveyance forever abandoning and relinquishing any and all past, present and/or future right, title and/or interest he may have in the premises hereby conveyed. PREMISES BEING: 411 REAR 7TH ST PARCE L#: 26-24-0811-309. File #: 233383 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. g?JQ (0(-?q Attorney for Plaintiff DATE: File #: 233383 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. Plaintiff vs GREG A. LEMKELDE Defendant Attorney For Plaintiff : I Court of Common Pleas : I Civil Division CUMBERLAND County No. 10-2013 CIVIL TERM TO THE PROTHONOTARY: Please vacat the judgment(s) entered and mark the action discontinued and ended without p ej dice. Date: PHELAN HALLINAN & SCHMIEG, LLP PHS# 233383 1 By: Lawrence T. Phel , Es ., Id. No. 32227 Francis S. Hallinan, , lid. No. 62695 ? 0 Daniel G. Schmieg, Esq., Id. No. 62205 Z--r,n Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 i-- ?eetal R. Shah-Jani, Esq., Id. No. 81760 Jemne 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 Allison F. Wells, Esq., Id. No. 309519 Attorneys for Plaintiff r1o rn s. = -n _ -Z `' F rv :?