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Home My WebLink About10-5172i 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 243131 WILMINGTON TRUST COMPANY AS SUCCESSOR TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2005-CB6 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 Plaintiff V. WILLIE C. BARNES, JR CARRIE A. BARNES 35 WEST COUNTRY CLUB PLACE WEST CAMP HILL, PA 17011-2614 Defendants 13 A vG q ?rh cl if Fc . ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 10 -51'Io'; (2 t vi l T" CUMBERLAND COUNTY s 4Q4.oo PA Ar4 ??'987a10 & ayj, gjt CiVTI, ACTION -I -AW COMPT AINT TN MORTGAGR FORFCI SURF the We hembbe arbtrue and within to of the Correct copY ,?? .. File #: 243131 ?rIglrlsl Wd of 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 #: 243131 1. Plaintiff is WILMINGTON TRUST COMPANY AS SUCCESSOR TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE GBASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2005-CB6 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 2. The name(s) and last known address(es) of the Defendant(s) are: WILLIE C. BARNES, JR CARRIE A. BARNES 35 WEST COUNTRY CLUB PLACE WEST CAMP HILL, PA 17011-2614 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/15/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR FIRST NLC FINANCIAL SERVICES, LLC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1904, Page 1953. 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 02/01/2009 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 #: 243131 6 The following amounts are due on the mortgage: Principal Balance Interest 01/01/2009 through 08/05/2010 (Per Diem $19.42) Attorney's Fees Cumulative Late Charges 04/15/2005 to 08/05/2010 Costs of Suit and Title Search Escrow Deficit TOTAL 7 8. $103,453.96 $11,302.44 $650.00 $247.66 $550.00 S2,3i 7R $118,563.84 Plaintiff is = seeking a judgment of personal liability (or an in persnnam 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 #: 243131 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $118,563.84, together with interest from 08/05/2010 at the rate of $19.42 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: I Lawrence T. PWan, 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 Attorneys for Plaintiff File #: 243131 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the Township of East Pennsboro, County of Cumberland and State of Pennsylvania, according to survey of D. P. Raffensperger, Registered Surveyor, dated July 5th, 1957 BEGINNING at a point on the Southern side of Country Club Place 76.05 feet East of the intersection of Country Club Place and Circle Drive, also at the dividing line between Lots Nos. 110 and 111 on hereinafter mentioned Plan of Lots; thence Eastwardly along the Southern side of Country Club Place 60 feet to a point at the dividing line between Lots Nos. 111 and 112 on said Plan; thence South 12 degrees 10 minute East along the same 152.5 feet to a point at the dividing line between Lots Nos. 111 and 136 on said Plan; thence North 60 degrees 53 minutes West along the same 79.87 feet to a point at the dividing line between Lots Nos. 110 and 111 on said Plan; thence North 12 degrees 10 minutes West along the same, 99.83 feet to a point the Place of BEGINNING. BEING Lot No. 111 on Plan of Par of Country Club Park, recorded in Plan Book 8, Page 40, Cumberland County records HAVING thereon erected a two story brick dwelling house known and numbered as 35 Country Club Place. PROPERTY ADDRESS: 35 WEST COUNTRY CLUB PLACE WEST, CAMP HILL, PA 17011-2614 PARCEL # 09-20-1850-155 File #: 243131 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. 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: AW ?0 1 Attorney for Plainti File #: 243131 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~b~ntr at uu~b,rrr~ ~, . ~ , ~ ~° pFf iCE ~~ F r~E SHERIFF C'i r_? ,,r ~, ~~., ~ of o AuG 17 ~M 21 ! J ~ ;~; ; ~ ~. i ~ = r . Ft; L~ !. . ~..J~; ~ i., ,, . rt:tl Wilmington Trust Company vs. Willie C. Games, Jr. (et al.) Case Number 2010-5172 SHERIFF'S RETURN OF SERVICE 08/13/2010 05:50 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on August 13, 2010 at 1750 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Willie C. Barnes Jr., by making known unto Kisha Barnes, Daughter of defendant at 35 Country Club Place West, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. ~~~ RYAN BURGETT, DEP TY 08/13/2010 05:50 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on August 13, 2010 at 1750 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Carrie A. Barnes, by making known unto Kisha Barnes, Daughter of defendant at 35 Country Club Place West, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $57.50 August 16, 2010 ~?~'~__, RYAN BURGETT, SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sheriff, TeleosoR, Inc. Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WILMINGTON TRUST COMPANY AS SUCCESSOR TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET- BACKED CERTIFICATES SERIES 2005-CB6 Plaintiff vs WILLIE C. BARNES, JR CARRIE A. BARNES Defendant Attorney For Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No. 10-5172-CIVIL TERM n 'air- E _4 4 Did A i,&?rnr. v tn '.= _n-- Am l.L qn oL TO THE PROTHONOTARY: iL.?C X Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. Please mark the in rem judgment Satisfied and the action Discontinued and Ended. Date: PHS# 243131 PHELANJI-IAN & SCHMIEG, LLP By: Lawredk-r Qt ar>'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 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 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Attorneys for Plaintiff 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 WILMINGTON TRUST COMPANY AS SUCCESSOR TO JPMORGAN CHASE BANK, NATIONAL Court of Common Pleas ASSOCIATION, AS TRUSTEE FOR THE C-BASS MORTGAGE LOAN ASSET-BACKED Civil Division CERTIFICATES SERIES 2005-CB6 Plaintiff vs WILLIE C. BARNES, JR CARRIE A. BARNES Defendant CERTIFICATION OF SERVICE CUMBERLAND County No. 10-5172-CIVIL TERM I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: WILLIE C. BARNES, JR CARRIE A. BARNES 35 WEST COUNTRY CLUB PLACE WEST CAMP HILL, PA 17011-2614 Date: 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 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206229--- Andrew 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 Attorney for Plaintiff