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Home My WebLink About10-2054Phelan 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 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. `JOHN ZAHOS 419 ARCH STREET CARLISLE, PA 17013-3806 Defendant 2910 MAR 24 Nis 9: '52 0 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ?d - 02 d 5 Y c.?.v /irk CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 234101 234101 lk* qd- 7 sz XWs3y37a 0 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 BEABLE 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 #: 234101 4P 1. 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: JOHN ZAHOS 419 ARCH STREET CARLISLE, PA 17013-3806 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/21/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED ACTING SOLEY AS A NOMINEE FOR TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1974, Page 2991. 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 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 #: 234101 f 6. The following amounts are due on the mortgage: Principal Balance $87,234.70 Interest $2,894.29 10/01/2009 through 03/22/2010 (Per Diem $16.73) Attorney's Fees $650.00 Cumulative Late Charges $0.00 11/21/2006 to 03/22/2010 Property Inspections/Property Preservations $60.00 Mortgage Insurance Premium / $123.00 Private Mortgage Insurance Costs of Suit and Title Search 550.00 Subtotal $91,511.99 Suspense Credit $0.00 Escrow Credit $0.00 Deficit $76.35 Subtotal $76.35 TOTAL $91,588.34 7 8. Plaintiff is not seeking a judgment of personal liability (or an in personam 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 File #: 234101 r 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 $91,588.34, together with interest from 03/22/2010 at the rate of $16.73 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: awrence T. Phelan, sq., 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 g Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 234101 • LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the buildings and improvements thereon erected situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described in accordance with a survey by Gerrit J. Betz Associates, Inc., dated February 16, 1982, as follows, to wit: BEGINNING at a tack on the Eastern line of Arch Street (60 foot right of way) at the Northwest corner of lands now or formerly of Raymond Porter and further described as being 105.5 feet, more or less, from the intersection of the Eastern line of said Arch Street with the Northern line of West Willow Street; thence by the Eastern line of the said Arch Street, North 20 degrees East, 15 feet to a tack at the Southwest corner of lands now or formerly of William G. Hippensteel, Jr.; thence along the Southerly line of the said lands now or formerly of William G. Hippensteel, Jr., and along a wooden fence, South 70 degrees East, 113.60 feet to a nail on the Western line of Cart Alley (10 foot right of way); thence by the Westerly line of the said Cart Alley, South 18 degrees 39 minutes 48 seconds West, 15 feet to a nail, being the Northeast corner of lands now or formerly of the said Raymond Porter; thence by lands now or formerly of the said Raymond Porter, along a wooden fence and along the centerline of a partition wall between the property herein conveyed and the property now or formerly of the said Raymond Porter, North 70 degrees West, 113.95 feet to a tack, the place of BEGINNING. HAVING THEREON ERECTED a two and one-half (2 1/2) story brick dwelling house known as and numbered 419 Arch Street. PARCEL NO: 04-22-0483-026 PREMISES: 419 ARCH STREET File #<: 234101 VERIFICATION 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: 1 ey for Plaintiff File #: 234101 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 : I Court of Common Pleas : I Civil Division vs JOHN ZAHOS Defendant : CUMBERLAND County : I No. 10-2054 CIVIL TO THE PROTHONOTARY: PRAECIPE Please mark the above referenced case settled, discontinued and ended. Date: November 2010 PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phela q., 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 ,Aheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 s 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 r- - Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos Es Id. No. 94620 { rt Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 PHS#234101 Attorneys for Plaintiff