The URL can be used to link to this page

Home My WebLink About10-6921Phelan 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. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. WILLIAM E. STAPE CYNTHIA L. STAPE 399 LIMESTONE ROAD CARLISLE, PA 17015-4344 Defendants FILED-OFFICE OF T E P HNC OTARY ?r 1CT 29 P 2: 20 l -! Y 11 "4i 4 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 10 - (off/ olvirrem CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE G #9a.00 PAD A77ry ?* Iba3oy 3 12# 0250 5?8 254295 File #: 254295 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 #: 254295 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: WILLIAM E. STAPE CYNTHIA L. STAPE 399 LIMESTONE ROAD CARLISLE, PA 17015-4344 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/31/2001 WILLIAM E. STAPE and CYNTHIA L. STAPE made, executed and delivered a mortgage upon the premises hereinafter described to WAYPOINT BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1717, Page 976. By Assignment of Mortgage recorded 03/12/2007 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 734, Page 4924. 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 03/01/2010 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 #: 254295 6. The following amounts are due on the mortgage: Principal Balance Interest 02/01/2010 through 10/11/2010 (Per Diem $10.12) Attorney's Fees Late Charges through 10/11/2010 Costs of Suit and Title Search Subtotal Suspense Credit Escrow Credit TOTAL 7 8 $52,790.11 $2,564.76 $650.00 $0.00 550.00 $56,554.87 ($420.22) $5( 68.18) $55,566.47 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 #: 254295 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $55,566.47, together with interest from 10/11/2010 at the rate of $10.12 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: awrence 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 ? J shua 1. Goldman, Esq., Id. No. 205047 ourtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 254295 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, situated in South Middletown Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the northern side of Hillcrest Drive, on the dividing line between Lots Nos. 27 and 28 on the hereinafter mentioned Plan of Lots; thence by said dividing line, North 4 degrees 44 minutes West 150.26 feet to a point; thence North 85 degrees 16 minutes East 110 feet to a point; thence by the dividing line between Lots Nos. 26 and 27 on said Plan of Lots, South 4 degrees 44 minutes East 150.26 feet to a point on the northern side of Hillcrest Drive; thence by the northern side of Hillcrest Drive, South 85 degrees 16 minutes West 110 feet to the Place of BEGINNING. BEING Lot No. 27 of Section 'A' of the Plan of Lots known as Forge Road Acres, as recorded in the Office of the Recorder of Deeds for Cumberland County, in Plan Book 22, Page 171. BEING improved with a brick and aluminum ranch dwelling house with attached garage which is known and numbered as 399 Limestone Road, Carlisle, Pennsylvania. BEING the same premises which Cynthia Lee Mcbride, n/k/a Cynthia L. Stape, married woman, by deed dated June 27, 2000 and recorded in the Cumberland County Recorder's Office in Deed Book 224, Page 793, granted and conveyed unto William E. Stape and Cynthia L. Stape, husband and wife, grantors herein. PROPERTY ADDRESS: 399 LIMESTONE ROAD, CARLISLE, PA 17015-4344 PARCEL # 40-24-0758-144 File #: 254295 VERIFICATION 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. n Forney for Plaintiff DATE: File #: 254295 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor OFFICE 7 THE 5.+ERIFF • '- Wells Fargo Bank, NA -4 - sedum ' VS. F 96 92 oft Sta a et al. William E P ) . SHERIFF'S RETURN OF SERVICE 11/02/2010 08:49 PM - William Cline, Corporal, who being duly sworn according to law, states that on November 2, 2010 at 2049 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Cynthia L. Stape, by making known unto herself personally, at 399 Limestone Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. W LIA CLINE, DEP 11/16/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: William E. Stape, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant William E. Stape. Request for services at 399 Limestone Road, Carlisle, PA 17015 and 20 Fairfield Street, Carlisle, PA 17013 the defendant was not found. SHERIFF COST: $59.80 November 16, 2010 SO ANSWERS, (;" x 2x?? RRONRrY R ANDERSON, SHERIFF (c) CountySuite Shenff. Teleosoft. Inc. Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Attorney For Plaintiff One Penn Center Plaza .--) Philadelphia, PA 19103 c ° _n 215-563-7000-, xrn N.A. WELLS FARGO BANK r Court of Common PI a , Plaintiff s r Civil Division" ?a. CUMBERLAND County WILLIAM E. STAPE - CYNTHIA L. STAPE No. 10-6921-CIVIL TERM Defendant PRAECIPE TO THE PROTHONOTARY: Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: 9 /o PHELAN HALLLLINNAN & SCHMIEG, LLP By: - Lawrence T. Phelan, Esq., Id. No. 32221 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, lsq- Id. No, 84439 Jaime McGuinness, Esq., Id. No. 901 31 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua L Goldman, Esq., Id. No. 2050-17 Courtenay R. Dunn, Esq., Id. No. 206779 ?<ndrew C. Bramblett., Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 PHS# 254295 Attorneys for Plaintiff