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Home My WebLink About12-1268L aJ E 0 7' '-j ,;40 TA 312 f E_B ?U rid ?J' cJ } IN ,BERLA1'40, C0U14TY {Iwo#? SYLVANIA PHELAN HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 215-563-7000 288183 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD COURT OF COMMON PLEAS FORT MILL, SC 29715 CIVIL DIVISION Plaintiff V. TERM JEREMY E. HOOVER NO. c?O l - t? clw KIMBERLY S. HOOVER 2 HEIM COURT CUMBERLAND COUNTY NEWVILLE, PA 17241-9136 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #t 288183 Q?$1o3.75?d awk (?!? 3,3 1. J 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 YOt1 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 #: 288183 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: JEREMY E. HOOVER KIMBERLY S. HOOVER 2 HEIM COURT NEWVILLE, PA 17241-9136 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/30/2011 JEREMY E. HOOVER and KIMBERLY S. HOOVER made. executed and delivered a mortgage upon the premises hereinafter described to HOMESALE LENDING. LLC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 201119542. By Assignment of Mortgage recorded 07/20/2011 the mortgage was assigned to PLAINTIFF which Assigmnent is recorded in Assignment of Mortgage Instrument No. 201 120069.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 09/01/2011 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. Pile #: 288183 The following amounts are due on the mortgage as of 01 /05/2012: Principal Balance $150,875.54 Interest $2,983.97 through 01/05/2012 Late Charges $189.99 Property Inspections $40.00 Escrow Balance ($69.85) TOTAL $154,019.65 7. 8 Plaintiff is not seeking a judgment of personal liability (or an in ersonik 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 and/or Notice old Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon. File #: 288183 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $154,019.65, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALL & WHNIIEG, LLP Allison F. We s, uire Attorney for Plaintiff File #: 288183 LEGAL DESCRIPTION ALL that tract of land in North Newton Township, Cumberland County, Pennsylvania, being more particularly described as follows: BEGINNING at an iron pin set in the right of way line of Heim Court at corner of Lot 8 on the hereinafter described Subdivision Plan; thence by said Lot 8, North 71 degrees 23 minutes 07 seconds West, 226.67 feet to an iron pin set or line of land now or formerly of John D. Zimmerman; thence by said land now or formerly of John D. Zimmerman, North 66 degrees 26 minutes 40 seconds East 166.91 feet to an iron pin set at corner of Lot 10 on the hereinafter described Subdivision Plan; thence by said Lot 10, South 57 degrees 00 minutes 55 seconds East, 160.51 feet to an iron pin set in the northern right of way line for Heim Court; thence in and along the right of way line of Heim Court by a curve to the right on a circle having a radius of 30.00 feet, an arc distance of 24.26 feet, and a long chord bearing of South 62 degrees 08 minutes 55 seconds West, 23.60 feet to an iron pin set; thence continuing in and along the right of way line for Heim Court by a curve to the left on a circle having a radius of 60.00 feet, an arc distance of 69.85 feet, and a long chord bearing of South 51 degrees 57 minutes 54 seconds West, 65.97 feet to an iron pin set at corner of Lot 8, the place of BEGINNING. The above description was taken from a Final Subdivision Plan for W. Irvin Nelson and Jason E. Garner, dated August 19, 2005, and revised December 1, 2005, prepared by Eric L. Diffenbaugh, Professional Land Surveyor, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 92, at Page 140. The above described lot is identified as Lot 9 on said Plan. File #: 288183 PROPERTY ADDRESS: 2 HEIM COURT, NEWVILLE, PA 17241-9136 PARCEL # 30-19-1683-065. File #: 288183 VERIFICATION Monica Vargas, hereby states tha/e/she is Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff or mortgage servicing agent for plaintiff in this matter, that/e/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best ofI/s/her 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. Name: onica Vargas DATE: Title: Vice President Loan Documentation 032-PA-V3 File #: 288183 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor u4tit?i?r of 4atmt??r???J? F kj+ } a J, F R L A F ?0L?,; i PEIN IN' 'd i t.`V'NNIA Wells Fargo Bank, NA vs. Jeremy E. Hoover (et al.) Case Number 2012-1268 SHERIFF'S RETURN OF SERVICE 03/21/2012 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: Jeremy E. Hoover, but was u able to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosu o the defendant Jeremy E. Hoover. Request for service at 2 Buchannon Drive, Apemen arlisle, Pennsylvania 17013 the Defendant was not found. The Carlisle Postmaster advised, Jeremy E. Hoover's new address is 2 Heim Court, Newville, Pennsylvania 17241. 03/21/2012 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: Kimberly S. Hoover, butt?R?r in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclias not found as to the defendant Kimberly S. Hoover. Request for service at 2 Buchannon Drive, Apartment 105, Carlisle, Pennsylvania 17013 the Defendant was not found. The Carlisle Postmaster advised, Kimberly S. Hoover's new address is 2 Heim Court, Newville, Pennsylvania 17241. 03/22/2012 10:08 AM - Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on March 22, 2012 at 1008 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Jeremy E. Hoover, by making known unto himself personally, at The Cumberland County Sheriffs Office, 1 Courthouse Square, Room 303, Carlisle, rland County, Pennsylvania 17013 its contents and at the same time handing to himnally t i rue and correct copy of the same. SHANNON SHERTZER, DEPUTY 03/22/2012 10:08 AM - Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on March 22, 2012 at 1008 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Kimberly S. Hoover, by making known unto herself personally, at The Cumberland County Sheriffs Office, 1 Courthouse Square, Room 303, Carlisle, C mberland County, Pennsylvania 17013 its contents and at the same time handing to her per nally t / id true and correct copy of the same. 9 i' SHANNON SHE TZE , DEPUTY SHERIFF COST: $100.00 March 22, 2012 CeunySuite S?^?er?`i. i2?c+csc?(. Ir;; SO ANSWERS, RRONNY R ANDERSON, SHERIFF 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 JEREMY E. HOOVER KIMBERLY S. HOOVER Defendant Attorney For Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No. 2012-1268-CIVIL PRAECIPE TO THE PROTHONOTARY: CPO, CX) =C) .ti 3 (1i -1 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 Date: V/1 P11 LFV PHELAN LINAN & SCHMIEG, LIT By. Lawrence an, Esq., lid. No. 32227 s a inan, Es q., Id. N . 62695 Daniel G. Schmieg, Esq., 1 0. 62205 Michele M. Bradford, 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 Court5pery R. Dunn, Esq., Id. No. 206779 A rew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 PHS# 288183 Attorneys for Plaintiff Ended. PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, N.A. Plaintiff vs JEREMY E. HOOVER KIMBERLY S. HOOVER Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 2012-1268-CIVIL CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff's Praecipe was served by regular mail to the person(s) on the date listed below: JEREMY E. HOOVER KIMBERLY S. HOOVER 2 HEIM COURT NEWVILLE, PA 17241-9136 Date: Yo ?)/,/] Lawre sq., Id. No. 32227 --Fr sq., 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-.Tani, 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 ew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq.. Id. No. 308912 Attorney for Plaintiff