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HomeMy WebLinkAbout10-6779Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 FILED-OFFICE Daniel G. Schmieg, Esq., Id. No. 62205 OF TI?t R O T H O N O TA R Y 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 2010 OCT 25 AM l1- ?`3 " ENNSY'y1A ATTORNEY FOR PLAINTIFF 254200 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff V. ARTHUR A. BEAUVERD, III 406 SOUTH MARKET STREET MECHANICSBURG, PA 17055-6420 TERM NO. I()-U_? 19 CUMBERLAND COUNTY Defendant D ?69 2 •°° -,?v a?'-\ cwt X We hereby certify the vftln to be a true and File #: 254200 correct copy of the original filed of record 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 #: 254200 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: ARTHUR A. BEAUVERD, III 406 SOUTH MARKET STREET MECHANICSBURG, PA 17055-6420 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/30/2005 ARTHUR A. BEAUVERD, III made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR PENN 1 ST FINANCIAL SERVICES, INC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1913, Page 3604. 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 06/01/2010 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 #: 254200 6. The following amounts are due on the mortgage: Principal Balance Interest 05/01/2010 through 10/09/2010 (Per Diem $14.03) Attorney's Fees Late Charges through 10/09/2010 Property Inspections/Property Preservations Costs of Suit and Title Search Escrow Deficit TOTAL 7. $91,067.80 $2,246.68 $650.00 $49.26 $12.39 $550.00 $94,720.32 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 or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 254200 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $94,720.32, together with interest from 10/09/2010 at the rate of $14.03 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 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 254200 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of ground with the buildings and improvements thereon erected, situate in the Borough of Mechanicsburg, Cumberland Count, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Gerrit J. Betz, R.S, dated May 22, 1972, as follows: BEGINNING at a point on the western side of South Market Street, said point being 49.5 feet South of the southwest corner of South Market and Coover Streets; thence along the West side of south Market Street, South 19 degrees 30 minutes East 91.5 feet to a point on the North side of a 20 foot wide alley; thence along the same South 74 degrees 14 minutes 30 seconds West 130.28 feet to a point on the East side of another 20 foot wide alley; thence along the same North 19 degrees 30 minutes West 83 feet to an iron pin at the corner of land now or formerly of John A. Davis; thence along said lands North 70 degrees 30 minutes East 130 feet to the point and place of BEGINNING. TOGETHER with the free and common use, right, liberty and privilege of the said alley as and for a passageway and watercourse at all times hereafter, forever. PROPERTY ADDRESS: 406 SOUTH MARKET STREET, MECHANICSBURG, PA 17055-6420 PARCEL # 16-24-0787-063 File #: 254200 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: 10-Da-10 File #: 254200 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?o?,?tq of ?utNbrr??4 Jody S Smith Chief Deputy Richard W Stewart Solicitor OFFiC E OF THE 5,?ERtFF Wells Fargo Bank, N.A., vs. Arthur A. Beauverd Case Number 2010-6779 SHERIFF'S RETURN OF SERVICE 11/02/2010 03:28 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on November 2, 2010 at 1528 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Arthur A. Beauverd, by making known unto Jill Beauverd, Wife of defendant at 406 S. Market Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 November 04, 2010 Akmh u-4,jb AMA A COBAUGH, DEPU SO ANSWERS, RON R ANDERSON, SHERIFF , M Fri ;ct GountySuite Shenff. Telemft Inc. Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff vs ARTHUR A. BEAUVERD, III Defendant TO THE PROTHONOTARY: Attorney For Plaintiff o .a v3 ; !"?7 q r n Court of Common Pleas Wr - r - o -?• : t • Civil Division r I , > M C-) CUMBERLAND County .. ' • C :. No. 10-6779 PRAECIPE Please mark the above referenced case settled, discontinued and ended. Date: AX-0 PHELAN HALLINAN & SCHMIEG, 1,1,1) 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. 931337 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, I;sq- Id. No. 206779 Gndrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 PHS#254200 Attorneys for Plaintiff'