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Home My WebLink About05-0382#15898-TM MARTHA E. VON ROSENSTIEL, P.C Martha E. Von Rosenstiel 649 South Avenue, Unit 7 PO BOX 307 SECANE, PA 19018 (610) 328-2887 Attorney ID # 52634 Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc. 3476 Stateview Boulevard Fort Mill, SC 29715 Plaintiff VS. Attorney for Plaintiff COURT OF COMMON PLEAS Cumberland COUNTY Case No: 0 S ?X?2 L,wrX -7;! John A. Rose and Gloria J. Rose : 503 South Middlesex Road Carlisle, PA 17013 Defendants CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 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 ajudgment maybe 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 ELEGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Le han demandado a usted en la code. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta a sentar una comparencia escrita o en persona o con on abogado y entregar a la corte en forma escrita sus defenses o sus objeciones a las demandas en contra de so persona. Sea a visado que si usted no se defiende, la corte toma ra medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedades o otros de rechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO VAYA EN PERSONA O TELEFONA A LA OFICINA ESCRITA ABAJO. ESTA OFICINA LE PUEDE PROVEER INFORMACION SOBRE COMO CONTRATAR A UN ABOGADO. SI USTED NO TIENE EL DINERO SUFICIENTE PARA CONTRATAR A UN ABOGADO, LE PODEMOS DAR INFORMACION SOBRE AGENCIAS QUE PROVEEN SERVICIO LEGAL A PERSONAS ELEGIBLE PARA SERVICIOS A COSTO REDUCIDO O GRATUITO. CUMBERLAND COUNTY BAR 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166-- 800-990-9108 MARTHA E. VON ROSENSTIEL, P.C Martha E. Von Rosenstiel 649 South Avenue, Unit 7 PO BOX 307 SECANE, PA 19018 (610) 328-2887 Attorney ID # 52634 Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc. 3476 Stateview Boulevard Fort Mill, SC 29715 Plaintiff VS. Attorney for Plaintiff COURT OF COMMON PLEAS Cumberland COUNTY Case No: D3?d-- lam( i John A. Rose and Gloria J. Rose : 503 South Middlesex Road Carlisle, PA 17013 Defendants CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 1. Plaintiff is Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc., f/k/a Norwest Mortgage, Inc., a bank organized and existing under state law, with offices for the conduct of business at 3476 Stateview Boulevard, Fort Mill, SC 29715. 2. Defendants, John A. Rose and Gloria J. Rose are the mortgagors and real owners of premises 503 South Middlesex Road, Carlisle, PA 17013, hereinafter described, whose last known address is listed in the caption. 3. Plaintiff brings this action in mortgage foreclosure against defendants, mortgagors and real owners, to foreclose a certain indenture of mortgage made, executed and delivered by the above named defendants, mortgagors and real owners to Norwest Mortgage, Inc. on February 26, 1998, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1434, Page 49, secured on premises 503 South Middlesex Road, Carlisle, PA 17013 a true and correct description of which is attached hereto as Exhibit I. 4. Plaintiff alleges each and every term, condition and covenant in the aforesaid mortgage, and hereby incorporates them herein by reference thereto. 5. The aforesaid mortgage is in default in that monthly installments of principal and interest have not been made conformity with the terms of the mortgage, from August 1, 2004 and each month thereafter, up to and including the present time. 6. Under the terms of the aforesaid mortgage, upon default of payments set forth in the mortgage documents, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following is an itemized statement of the amount due plaintiff under the terms of the aforesaid mortgage: Principal Balance Interest from 7/1/04 to 1/18/05 At $22.93 per diem Accrued late charges to 1/18/05 Accrued Escrow deficit to 1/18/05 Corporate Advances Attorney's fee (50 of unpaid Principal Balance) Title Information Certificate Photostats and Postage Notarizations $119,605.59 $ 4,631.86 $ 238.74 $ 137.53 $ 525.00 $ 5,980.27 $ 400.00 $ 50.00 $ 10.00 TOTAL $131,578.99 8. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriff's sale. If the mortgage is reinstated prior to the Sheriff's sale, reasonable attorney's fees will be charged based on work actually performed. 9. Plaintiff sent to defendants, mortgagors and real owners a combined Notice and Warning of Intention to Foreclose and Notices of Homeowners' Emergency Mortgage Assistance Act of 1983 advising of rights available under the statutes. To date payments have not been received and Act 91 assistance has not been granted although the applicable time periods provided by statute have expired (Exhibit II). WHEREFORE, plaintiff demands judgment for foreclosure and sale of the mortgaged premises in the amount of $131,578.99, plus per diem interest at $22.93 from January 19, 2005 to the date of judgment plus costs thereon. Martha E. Von Ro Attorney or Plaintiff VERIFICATION MARTHA E. VON ROSENSTIEL, ESQUIRE, of full age, verifies that she is the attorney for the plaintiff in the foregoing action; that she is authorized to make this verification on behalf of plaintiff; and that the statements made in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. This verification is being executed by the attorney for plaintiff in accordance with Pa R.C.P. 1024(c) as a signed verification could not be obtained by plaintiff within the time allowed for filing of the pleading. I understand that false statements herein are made subject to penalties of 18 Pa C.S. Section 4904 relating to unsworn falsification to authorities. M tha tr- Von Ros LEGAL DESCRIPTION ALL THAT CERTAIN tract of land, with improvements thereon erected, situate in South Middleton Township Cumberland County, Pennsylvania, bounded and described according to the Subdivision Plan for Greenbriar, as prepared by Stephen G. Fisher, R.S., dated Jul 5, 1993, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 44, Page 2, as follows, to wit: BEGINNING at a point on the centerline of Middlesex Road, L.R. 31011, which point is 438.59 feet from the intersection of the centerline of Trindle Road, (Pa. 641, L.R. 305) and the said Middlesex Road; thence along Lot No. 3 of the above referred to Plan and through an iron pin to be set North 82 degrees 08 minutes 02 seconds East 300 feet to an iron pin to be set; thence along same South 07 degrees 53 minutes 58 seconds East 125.00 feet to an iron pin to be set; thence along Lot No. 1 of the above referred to plan, and through an iron pin to be set. South 52 degrees 06 minutes 02 seconds West 200 feet to a point, thence along the centerline of the said Middlesex Road L.R. 21011 North 07 degrees 53 minutes 58 seconds West 125 feet to a point in said Middlesex Road, the point and place of beginning. BEING Lot No. 4 of the above referred to plan and containing 37,500.609 square feet gross. HAVING thereon erected a dwelling house known and numbered as 503 (incorrectly numbered as 113 in the prior Deed) South Middlesex Road, Carlisle, PA 17013. Tax Parcel #40-09-0535-001C EXHIBIT= L d - WN CASE NO: 2005-00382 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS ROSE JOHN A ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ROSE JOHN A DEFENDANT the at 2105:00 HOURS, on the 24th day of January , 2005 at 503 SOUTH MIDDLESEX ROAD CARLISLE, PA 17013 by handing to JOHN ROSE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.70 Affidavit .00 Surcharge 10.00 .00 31.70 Sworn and Subscribed to before me this o..-A day of ?t v A.D. rothonctary T So Answers: R. Thomas Kline 01/25/2005 MARTHA VOS ROSENSTIEL Deputy Sheri f ?. .t SHERIFF'S RETURN - REGULAR CASE NO: 2005-00382 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS ROSE JOHN A ET AL ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ROSE GLORIA J the DEFENDANT at 2105:00 HOURS, on the 24th day of January , 2005 at 503 SOUTH MIDDLESEX ROAD CARLISLE, PA 17013 by handing to JOHN ROSE, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 3 day of 2&cS A. D. Prothonotary So Answers R. Thomas Kline 01/25/2005 MARTHA VON ROSENSTIEL By: eputy Sherif 15898CPG-TM (Intent to Proceed) Martha E. Von Rosenstiel, P.C. Attorney for Plaintiff Martha E. Von Rosenstiel, Esquire 649 South Avenue, Suite 6 Secane, PA 19018 610 328-2887 Attorney I.D.# 52634 WELLS FARGO BANK, N.A., SUCCESSOR : COURT OF COMMON PLEAS BY MERGER TO WELLS FARGO HOME : CUMBERLAND COUNTY MORTGAGE, INC. Plaintiff : Case No: 05 382 Civil Term vs. JOHN A. ROSE AND GLORIA J. ROSE Defendants NOTICE OF INTENT TO PROCEED TO THE PROTHONOTARY: Kindly note the record to indicate that it is the intention of the Plaintiff to proceed with the above captioned foreclosure matter upon the release of the automatic stay imposed by the active Bankruptcy proceeding under Docket No. 05-00345. Martha E. Von Rosenstiel Attorney for Plaintiff Dated: September 17, 2009 FILED--Or ICE -,"'i 'NARY F THE PRO" " i 2009 SEP 18 PH 2: 0 4 j. 15898- CPG -RD Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 610 328-2887 Attorney I.D. # 52634 Attorney for Plaintiff COURT OF COMMON PLEAS c WELLS FARGO BANK, N.A., SUCCESSOR : CUMBERLAND COUNTY r nw c.._ BY MERGER TO WELLS FARGO HOME xr`', ?r- MORTGAGE, INC. :kr- 010 x Plaintiff No: 05 382 Civil Term a c tv vs. '-J1 JOHN A. ROSE AND GLORIA J. ROSE Defendants PRAECIPE TO MARK CASE DISCONTINUED AND ENDED TO THE PROTHONOTARY: Kindly mark this action discontinued and ended without prejudice. Dated: July 05, 2011 Martha E. Von Rosenstiel Jacqueline F. McNally, Esquire Attorneys for Plaintiff i, ter, C) -+s)