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Home My WebLink About10-3633Phelan 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 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 238956 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. BARBARA A. POTTER 1841 CREEK VIEW DRIVE NEW CUMBERLAND, PA 17070-2210 Defendant ATTORNEY FOR PLAINTIFF 0 F c? Y F r' r ? M r- w -01 ?J ?5 5 M COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 10 -3(033 CiV;j-W -rn CUMBERLAND COUNTY 49a.oo Pb x-m4 C# a?13?5 e$ Iga053 File 4 238956 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 #: 238956 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: BARBARA A. POTTER 1841 CREEK VIEW DRIVE NEW CUMBERLAND, PA 17070-2210 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 04/14/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CARDINAL FINANCIAL COMPANY, LTD. PARTNERSHIP which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1807, Page 4678. 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01/0 1 /2010 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 #: 238956 6. The following amounts are due on the mortgage: Principal Balance $100,414.41 Interest $2,453.21 12/01/2009 through 05/04/2010 (Per Diem $15.82) Attorney's Fees $650.00 Cumulative Late Charges $99.78 04/14/2003 to 05/04/2010 Property Inspections/Property Preservations $60.00 Costs of Suit and Title Search %550-00 Subtotal $104,227.40 Escrow Credit (%45 TOTAL $103,771.24 Plaintiff is nal 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) hasihave 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 #: 238956 9. HERBERT H. POTTER was a co-record owner of the mortgaged premises as a tenant by the entirety. By virtue of HERBERT H. POTTER's death on or about 07/15/2000, his ownership interest was automatically vested in the surviving tenant by the entirety. 10. Plaintiff hereby releases HERBERT H. POTTER from liability for the debt secured by the mortgage. 11. By virtue of the death of HERBERT H. POTTER on 07/15/2000, Defendant BARBARA A. POTTER became sole owner of the mortgaged premises as surviving tenant by the entireties. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $103,771.24, together with interest from 05/04/2010 at the rate of $15.82 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: ' ? ce T. Phe d. No. 32227 EY-Wa'-ncis S. Hallinan, Es ., 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 ? Pet lcahy, Esq., Id. No. 61791 ndrew 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 #: 238956 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in the Township of Lower Allen, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southerly line of Creek View Drive at the corner of Lot No. 6 of the hereinafter mentioned Plan of Lots; thence by the southerly line of Creek View Drive by a curve to the right having a radius of 180 feet, an arc distance of 27.18 feet to a point at the corner of Lot No. 4 of the hereinafter mentioned Plan of Lots; thence by Lot No. 4 North 39 degrees 30 minutes 00 seconds West, a distance of 154.31 feet to a point at land now or late of Drexel Hills; thence by land now or late of Drexel Hills South 24 degrees 42 minutes West, a distance of 26.66 feet to a point at the corner of Lot No. 6 of the hereinafter mentioned Plan of Lots; thence by Lot No. 6 South 39 degrees 30 minutes 00 seconds East, a distance of 154.42 feet to a point on the southerly line of Creek View Drive, the place of BEGINNING. BEING Lot No. 5 of the Final Subdivision Plan for Phase I, Beacon Hill Village of Creekside, recorded in Cumberland County Plan Book 50, page 113 UNDER AND SUBJECT to the Declaration of Covenants and Restrictions recorded in Cumberland County Miscellaneous Book 319, page 556. Also under and subject to the bylaws of Beacon Hill Community Association recorded in Cumberland County Miscellaneous Book 319, page 525, and all reservations, restrictions, easements and rights-of-way of record. BEING the same premises which Sealover Homes, Inc., by deed dated May 27, 1987 and recorded in Cumberland County Deed Book R-32, page 870, granted and conveyed unto Gregory S. Chelap and Patricia A. Chelap, now Patricia A. Williamson, brother and sister, Grantors herein. Susan J. Chelap joins in this conveyance as spouse of Gregory S. Chelap and Stephen L. Williamson joins in this conveyance as spouse of Patricia A. Williamson. PREMISES BEING: 1841 CREEK VIEW DRIVE PARCEL: 13-25-0010-276 File #: 238956 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: I? File #l: 238956 F1LEC~-.r,;~:~,.; `~ THE ~ .:~~~ ~ ~~,j,nT~RY 2010 Jf~~J 14 Pry ~: ;~ Pcra~;~~~,~~,a:~!A Phelan Hailinan & 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 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff vs. COURT OF COMMON PLEAS CIVIL DIVISION NO.10-3633-CIVIL-TERM BARBARA A. POTTER CUMBERLAND COUNTY Defendant(s) . PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 238956 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for Plain ' f By: ^ Lawr ce 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 ^ C urtenay R. Dunn, Esq., Id. No. 206779 drew C. Bramblett, Esq., Id. No. 208375 Date: 6-10-10 PHS #: 238956 VERIFICATION Anne Neely ,hereby states that he/she isv.P. Loan Documentation of, WELLS FARGO HOME MORTGAGE, INC., servicing agent for Plaintiff in this matter, WELLS FARGO BANK, N.A., that he/she is authorized to take this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 6/2/10 Name: Anne Neely Title: V.P. Loan Documentation Servicer: WELLS FARGO HOME MORTGAGE, INC. File #: 238956 Name: POTTER 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 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. Plaintiff vs. BARBARA A. POTTER Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO.10-3633-CIVIL-TERM CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiffls Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: PHS #: 238956 BARBARA A. POTTER 1841 CREEK VIEW DRIVE NEW CUMBERLAND, PA 17070-2210 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 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 ^ 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 drew C. Bramblett, Esq., Id. No. 208375 Date: 6-10-10 PHS #: 238956 �F c 4, David D. Buell' '90, Wcnee X Simpson Prothonotary . q 15` Deputy Prothonotary O agar `,+ Z C 7�irkS. Sohonage, ESQ _ _.�gam- Irene E. Nforrow Solicitor 1750 2' Deputy Prothonotary Office of the Prothonotary Cumberland County, Pennsylvania 10 —3133 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER, 2013,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 • Carlisle, SPA. 17013 • (717)240-6195 • Ea0717 240-6573