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HomeMy WebLinkAbout10-5959v 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 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 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Flt r CE ? . Y Ca 16 NM in Zn CtlMb" NSYL' NTY PNA ATTORNEY FOR PLAINTIFF 249324 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff V. JEANNE A. SHEARER 422 NORTH FRONT STREET WORMLEYSBURG, PA 17043-1114 Defendant TERM NO. /0 " SQS Cl v I ` g1L. t CUMBERLAND COUNTY (3-S, ce) P"L M? e?+ mossy e cep? e end e10y ti? Nehei ioe W? \??\,,60 \?e4 File #: 249324 'Y 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 #: 249324 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: JEANNE A. SHEARER 422 NORTH FRONT STREET WORMLEYSBURG, PA 17043-1114 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 12/16/2005 JEANNE A. SHEARER made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED 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. 1936, Page 24. 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 05/01/2010 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 #: 249324 6 The following amounts are due on the mortgage: Principal Balance $116,311.92 Interest $3,227.01 04/01/2010 through 08/24/2010 (Per Diem $22.31) Attorney's Fees $650.00 Late Charges through 08/24/2010 $0.00 Property Inspections/Property Preservations $90.00 Costs of Suit and Title Search $550.00 Escrow Deficit 791 _R5 TOTAL $121,620.78 7 9 Plaintiff is not seeking a judgment of personal liability (or an in nerssonam 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. Defendants' application for assistance under Act 91 of 1983 has been rejected by the Pennsylvania Housing Finance Agency. File #: 249324 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $121,620.78, together with interest from 08/24/2010 at the rate of $22.31 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 ? 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 ? urtenay R. Dunn, Esq., Id. No. 206779 L? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 249324 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Wormleysburg, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the western line of Front Street on the line dividing Lots Nos. 36 and 37 on the hereinafter mentioned Plan of Lots; thence in a westerly direction along said last mentioned line 153.46 feet, more or less, to a point on the eastern line of River Alley; thence in a southerly direction 62 1/2 feet, more or less, to a point in the center of Lot No. 34 on the Plan hereinafter mentioned; thence in an easterly direction along the line at right angles to Front Street 153.62 feet more or less, to a point on Front Street; thence in a northerly direction along Front Street 62 1 /2 feet to the point or place of BEGINNING. BEING Lots Nos. 35 and 36 and the northern 12 1/2 feet of Lot No. 34 on Edgewater Plan No. 3, recorded in the Recorder's Office in and for Cumberland County in Plan Book 1, Page 71. PROPERTY ADDRESS: 422 NORTH FRONT STREET, WORMLEYSBURG, PA 17043- 1114 PARCEL # 47-19-1588-107 File #: 249324 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. Attorney for Plaintiff DATE: ? ?? File #: 249324 ~= iL~CI-0; F~C~ lei T~a~ ~~~J~~~lQ~~O1'~F't' 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. Z~I~~~T -~~ ~~ {1~ ~~~ ~llf~~~~~L.~,JE~~ C~3UP~T'' 6~~R'siti..l~i ~,V~1Y~~e-~ ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-5959 3EANNE A. SHEARER CUMBERLAND COUNTY Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 249324 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan H linan & Schmieg, LLP Attorne fo Plaintiff - By: ~.~ G~~~~~~ ^ 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. 8707? ^ Lauren R. Tabas, Esq., Id. No. 9333? ^ 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 Date: 9-30-10 PHS #: 249324 VERIFICATION James E Blue ,hereby states that he/she is ~~° Pmslaenc L°~ no~~,~~a~ of, WELLS FARGO HOME MORTGAGE, INC., servicing agent for Plaintiff in this matter, 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 hislher knowledge, information and belief. T'he undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: James E Blue DATE.: September 2 0 , 2 010 Title: Vice President Loan Documentation Servicer: WELLS FARGO HOME MORTGAGE, INC. File #: 249324 Name: SHEARER 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 3udith 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 3oshua 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. JEANNE A. SHEARER COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-5959 CUMBERLAND COUNTY Defendant(s) CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff s Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: PHS #: 249324 JEANNE A. SHEARER 416 NORTH FRONT STREET WORMLEYSBURG, PA 17043-1114 Phelan Hallinan & Schrnieg, LLP Attorney Plaintiff~J By: ~ll~U,~~~ ^ 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. 3ones, Esq., Id. No. 86657 ^ Peter 3. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ 3aime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ 3oshua I. Goldman, Esq., ld. No. 205047 ^ Courtenay R. Dunn, Esq., ld. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Date: 9-30-10 PHS #: 249324 WELLS FARGO BANK, N.A. IN THE COURT OF COMMON PLEAS 3476 Stateview Boulevard CUMBERLAND COUNTY, PENNSYLVANIA Fort Mill, SC 29715 Plaintiff CIVIL DIVISION v. TERM JEANNE A. SHEARER No. 10-5959 (Civil Term) 422 North Front Street -~~ Wormleysburg, PA 17043 ~i~, Defendant ~~ ® CIVIL ACTION -LAW ~ ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE ~" -~ COMES NOW, Defendant, Jeanne A. Shearer, acting Pro Se, responds to the Complaint, as follows: 1. Admitted. 2. Denied. Plaintiff has mailed to Defendant's address regularly at 416 North Front Street, Wormleysburg, PA 17043. 3. Admitted 4. Admitted ~~~ "`~ ~ c7 r~~' ._ ~s,o .~- ~~ , -+r.~ ~, ~ -„ ~ ~=`~. =-~ ~~ -.~ 5. Admitted except that Plaintiff has refused to accept partial payments after August 24, 2010 and, there is substantial correspondence from Plaintiff to Defendant as late as September 17, 2010 and September 24, 2010 relative her participation in resolving the arrearage in payments. 6. Admitted. 7. Admitted. 8. Admitted in part and denied in part in that said Notice was sent to Defendant. However, denied in part because in fact Plaintiff and Defendant have conversed by telephone and U.S. Regular Mail relative to resolving the current mortgage situation including letters from Plaintiff dated September 17, 2010, and September 24, 2010. Defendant has cooperated fully with Plaintiff and in fact Plaintiff has agreed to terms and conditions offered by Defendant to correct the arrearages in the mortgage payments. Plaintiff has by its actions extended the temporary stay to foreclosure. 9. Admitted. WHEREFORE, since Plaintiff has sent a thank you letter to Defendant for Defendant's continued interest in resolving the current mortgage situation and curing the current arrearages in the mortgage payments plus costs to initiate this action, and Plaintiff has taken action to cure said mortgage default, Plaintiff demands that this Honorable Court dismiss Plaintiff's Complaint for Mortgage Foreclosure as demanded by Plaintiff in its Complaint against Defendant. J NNE A. SHEARER, Defendant, Acting Pro Se 416 North Front Street Wormleysburg, PA 17043 (717) 731-9008 E-mail: ja~dps-pa.com Date: ~O~~Y~Io VERIFICATION I, Jeanne A. Shearer, hereby verify that the facts contained in the foregoing Answer to the Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. J NE A. SHEARER Date: ~ o~ t y l t o CERTIFICATE OF SERVICE I, Jeanne A. Shearer, acting Pro Se, hereby certify that service of the foregoing ANSWER TO THE COMPLAINT was made on the following via certified mail on October 14, 2010. Andrew C. Bramblett, Esq. Phelan, Hallinan & Schmieg, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard Suite 1400 Philadelphia, PA 19103 ~.,~_ C~,~, Q JEANNE A. SHEARER SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~~,~str of ~yt,aT~~,~~~~~ sheriff OF THECP~O'T~NQ~OfiARY Jody S Smith Chief Deputy ~~ ..- rt ZQ ~ Q ~~~ ~ 9 P~ 2~ 3 Richard W Stewart ~ CU~~~~~AhD COO~TY Solicitor c~rr'c~ ` '' ~'"E~~rF ~'EPIf~SYLVAN(A Wells Fargo Bank, NA Case Number vs. 2010-5959 Jeanne A. Shearer SHERIFF'S RETURN OF SERVICE 09/24/2010 06:50 PM -Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on September 24, 2010 at 1850 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Jeanne A. Shearer, by making known unto herself personally, at 416 N. Front Street, Wormleysburg, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to her personally the said true and correct co y of the same. `~~~ STEPHEN BENDER, DEPUTY 10/18/2010 12:10 PM -Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on October 18 2010 at 1210 hours, he was unable to serve a true copy of the within Complaint In Mortgage Foreclosure, upon the within named defendant, to wit: Jeanne A. Shearer. After several attempts to 422 N. Front Street, Wormleysburg, PA 17043 the Complaint in Mortgage Foreclosure has expired. SHERIFF COST: $87.20 October 18, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (ci CountySuite Shenff, Teleosott. tnc.