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Home My WebLink About10-6166Phelan 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 2010 27 AN 10: 30 CU i,"--!'ERL AND C0UN'T Y ATTORNEY FOR PLAINTIFF 250517 WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 V. Plaintiff TAMMY I. MYERS 147 NORTH BEDFORD STREET CARLISLE, PA 17013-2437 Defendant COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY $42.6o1"4-QI(-Ad 001Y081 ? a1f&7ss File #: 250517 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 #: 250517 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: TAMMY I. MYERS 147 NORTH BEDFORD STREET CARLISLE, PA 17013-2437 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 08/20/2003 TAMMY I. MYERS made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1841, Page 2034. 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 /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 #: 250517 6 The following amounts are due on the mortgage: Principal Balance $30,615.67 Interest $1,143.95 12/01/2009 through 09/07/2010 (Per Diem $4.09) Attorney's Fees $650.00 Late Charges through 09/07/2010 $17.94 Property Inspections/Property Preservations $90.00 Costs of Suit and Title Search $550.00 Escrow Deficit $615-1 R TOTAL $33,682.74 7. 8. Plaintiff is nQt seeking a judgment of personal liability (or an in nersr onam 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 #: 250517 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $33,682.74, together with interest from 09/07/2010 at the rate of $4.09 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. 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 Attorneys for Plaintiff File #: 250517 LEGAL DESCRIPTION ALL the following described real estate lying and being situate in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly described as follows: ON the North by lot now or formerly of C. H. Sipe; on the East by lot now or formerly of Benj Thompson; on the South by the lot now or formerly of A. W. P. Sipe; on the West by North Bedford Street, containing in front on Bedford Street 18 feet, in depth 90 feet, more or less. HAVING thereon erected a dwelling house known and numbered as 147 North Bedford Street in said Borough. THE above-described real estate is the same which Merrie Lee Price, formerly Merrie Lee Wessels, and Cole B. Price, Ill, her husband, by deed dated March 8, 1982, recorded in Cumberland County, Pa., Deed Book S, Vol. 29, Page 220, conveyed to Terrence A. Drachbar and Carol A. Drachbar, his wife, the Grantors herein. PROPERTY ADDRESS: 147 NORTH BEDFORD STREET, CARLISLE, PA 17013-2437 PARCEL # 02-21-0318-194 File #: 250517 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: CI-9 a w File #: 250517 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~Q.~~~~'' qS ~r[ar~G~~~~4 €~, ~" = t'~, C;tF€I~~~ C;F ?~.E ib~ERfFp Wells Fargo Bank, NA Case Number vs. 2010-6166 Tammy I. Myers SHERIFF'S RETURN OF SERVICE 09/28/2010 09:38 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on September 28, 2010 at 2138 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Tammy I. Myers, by making known unto herself personally, at 147 N. Bedford Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. ~ ~--~ DENNIS FRY, DEP SHERIFF COST: $33.40 September 29, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ~~ cr r,,, ~ _-,.~ u, ;~,~ --r - 3 ,~ CJ7 ~ 6 --'-~ t .3 .-;~ ~ ~ ~ - V ~ cL (~, ~ / .. ; .- 1"r~ W TT 8 ~ tt ~it ~~ r! ~ . { (Cj Ccun', Suite Shentf. TeleosoH. Inc. THEE :P-")TI'C?!0TA 23 € 0 0C 2 Fl a it 5 FL N" 44 LVA ylA 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., SB/M WELLS FARGO HOME MORTGAGE, INC. Plaintiff VS. TAMMY I. MYERS Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 10-6166-CIVIL-TERM : CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 250517 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. LLP Phelan Hallinan & Schmn At?ohev for Plaintiff By: ? La r ce T. Phelan, Esq., d. No. 32227 ? Fr c s S. Hallinan, Esq. d. No. 62695 ? DanG. Schmieg, Esq., Id. No. 62205 ? Mic ele M. Bradford, Esq., Id. No. 69849 ? J dith T. Romano, Esq., Id. No. 58745 heetal 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 Date: 10-6-10 PHS #: 250517 11 VERIFICATION Jennifer G. Payne Vice President of Loan Documentation hereby states that he/she is of, Wells Fargo Bank, N.A. s/b/m to 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 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: 9-27-10 Title: Vice President of Loan Documentation Wells Fargo Bank, N.A. s/b/m to Servicer: WELLS FARGO HOME MORTGAGE, INC. File #: 250517 Name: MYERS 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., SB/M WELLS FARGO HOME MORTGAGE, INC. Plaintiff VS. TAMMY I. MYERS Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 10-6166-CIVIL-TERM : CUMBERLAND COUNTY 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 #: 250517 TAMMY I. MYERS 147 NORTH BEDFORD STREET CARLISLE, PA 17013-2437 Phelan Hallinan & Schmieg, LLP At?nev for Plaintiff n ,4., Id. No. 32227 ? L rence T. Phelan, Es ? F cis S. Hallinan, E q., Id. No. 62695 ? D iel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? J dith T. Romano, Esq., Id. No. 58745 ? heetal 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 Date: 10-6-10 PHS #: 250517 FiL~D-OFFfCF David H. Martineau, Esquire C1 ~- '~ ~ ~ ~.~ ~ ~~ Q ~, ~ ~-F,~ ~ ~, Attorney I.D. No. 84127 Salzmann Hughes, P.C. ~~! # Q Q~~ ~ ~ ~~~ ~ : ~ 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 'r~~JM3ERLAt~L$ r -~7'Y (717) 249-6333 ~ ~ ~~.,~ ~ ~,L~`rJ' ~ ~ Attorney s for Defendant WELLS FARGO BANK, N.A., SB/M WELLS FARGO HOME MORTGAGE, INC., Plaintiff v. TAMMY I. MYERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW DOCKET N0.2010-6166 JURY TRIAL DEMANDED NOTICE To: Jamie McGinness, Esquire PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 You are hereby notified to plead to the enclosed Answer with New Matter within twenty (20) days from service hereof or a default judgment maybe entered against you. Respectfully submitted, SALZMANN HUGHES, P.C. By. David .Martineau, Esquire Attorney I.D. No. 84127 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 Date: October ~9, 2010 David H. Martineau, Esquire Attorney I.D. No. 84127 Salzmann Hughes, P.C. 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717)249-6333 Attorney s for Defendant WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC., Plaintiff v. TAMMY I. MYERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW DOCKET N0.2010-6166 JURY TRIAL DEMANDED DEFENDANTS' ANSWER TO PLAINTIFFS' COMPLAINT IN MORTGAGE FORECLOSURE WITH NEW MATTER AND NOW, comes Defendant, Tammy I. Myers, by and through her counsel at Salzmann Hughes, P.C. and Answers the Plaintiff s Complaint as follows: 1. Admitted. 2. Admitted. 3. The mortgage referred to is a publicly recorded document which speaks for itself. Paragraph 3 is denied to the extent inconsistent with or seeks to characterize the recorded document. 4. The mortgage, including the legal description of the property, is a publicly recorded document which speaks for itself. Paragraph 4 is denied to the extent inconsistent with or seeks to characterize the recorded document. 5. Paragraph 5 contains a conclusion of law to which no responsive pleading is required. To the extent that a responsive pleading is required, it is denied that Defendant's mortgage is properly in default. By way of further response, Defendant acquired a loan through the Pennsylvania Housing Finance Agency ("PHFA") in an amount sufficient to reinstate Defendant's Mortgage in October 2009, which amount was based upon figures provided to PHFA by Plaintiff. PHFA did remit payment of the reinstatement amount to Plaintiff on October 12, 2009, whereupon Plaintiff improperly delayed in applying such payment to Defendant's account. Based upon statements made by Plaintiff, Plaintiff failed to apply the October 12, 2009 payment until at least December 7, 2009. After the reinstatement payment was paid to Plaintiff by PHFA in October 2009, Defendant, through the organization known as Maranatha-Carlisle, did tender timely and sufficient payments to Plaintiff. Plaintiff s failure to timely apply the PHFA reinstatement payment to Defendant's account resulted in Plaintiff rejecting the timely and sufficient payments tendered by Defendant. 6. Denied. As set forth in response to Paragraph 5, Defendant is not properly in default of her mortgage. Therefore, the figures, particularly including late fees, attorney fees and other fees associated with Plaintiff s claim of default are inaccurate because they are not properly assessed to Defendant's account. 7. Paragraph 7 contains no factual assertion to which a responsive pleading is required. To the extent any responsive pleading is required, it is admitted that Plaintiff is not seeking an in personam judgment against Defendant. It is denied that Plaintiff has a right to do so, now or in the future, based upon Defendant's mortgage as of the date of this Answer. 8. Admitted that Plaintiff has sent Defendant multiple, contradictory and confusing notices. By way of example, Plaintiff sent Defendant an Act 91 Notice in February 2010 stating that Defendant's account had a total amount past due of negative twenty-five and 98/100 Dollars (-$25.98), indicating a surplus on the account, while at the same time, rejecting Defendant's payments. WHEREFORE, Defendant prays this Honorable Court to enter judgment in favor of Defendant and against Plaintiff. NEW MATTER 9. Defendant incorporates her responses set forth in Paragraphs 1 through 8 herein as if set forth in full. 10. Every contract in Pennsylvania, including mortgages, contain an implied duty of good faith and fair dealing. 11. Plaintiff breached its duty of good faith and fair dealing to Defendant by failing to timely apply payment from PHFA, which payment was sufficient to reinstate Defendant's mortgage. 12. Plaintiff further breached its duty of good faith and fair dealing by failing to accept timely and sufficient payments made by Defendant through Maranatha-Carlisle. 13. Plaintiff has further breached its duty of good faith and fair dealing by failing to respond to multiple requests for information on Defendant's account. 14. After receiving Plaintiffs August 1, 2010 Act 91 Notice, Defendant did timely file an additional application with PHFA for mortgage assistance. 15. Plaintiff failed to recognize the temporary stay identified in its Act 91 Notice and has filed its Complaint prematurely, failing to provide Plaintiff with the opportunity to reinstate her mortgage through PHFA. 16. The second PHFA application would not even be necessary but for Plaintiff s failure to timely apply the funds paid to Plaintiff by PHFA in October 2009. WHEREFORE, Defendant prays this Honorable Court to enter judgment in favor of Defendant and against Plaintiff. Respectfully submitted, SALZMANN HUGHES, P.C. ~ By: / /~ David H. Martineau, Esquire Attorney I.D. No. 84127 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 Date: October ~, 2010 (717) 249-6333 VERIFICATION I, Tammy I. Myers, have read the foregoing and hereby affirm that it is true and correct to the best of my personal knowledge, information, and belief. The language of the foregoing is that of my attorney and not my own, but it is based on information that I have given to my attorney. This verification and statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa.C.S. § 4904. Date: D_ Tammy I. M rs CERTIFICATE OF SERVICE I, David H. Martineau, Esquire, hereby certify that on this ~ day of October 2010 I have served the foregoing Answer with New Matter and Counterclaims by depositing the same in the United States Mail, first class mail, postage prepaid, addressed as follows: Jamie McGinness, Esquire PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 ~ay~ David H. Martineau, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ~ Court of Common Pleas WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. Plaintiff vs TAMMY I. MYERS Defendant Civil Division CUMBERLAND County No.10-6166-CIVIL-TERM Attorney For Plaintiff PRAECIPE TO THE PROTHONOTARY: Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: October 25, 2010 cY C'°3 --:._. i--- ~ ~ c, ~ ~~w~ ~~ ° ~' „~ ~~~ ' ~ c.~ ~ = - c~ ~~ ~-- ~ - ~ ~~ ~ ~ ~~ ~~ PHS# 250517 & SCHMIEG, LLP e .Phelan Esq., Id. No. 32227 S. Hallin Esq., Id. No. 62695 By: Daniel G. S irr ' g, 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 hrisovalante P. Fliakos, Esq., Id. No. 94620 ~oshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff