HomeMy WebLinkAbout14-5690 Supreme Court of Pennsylvania
Court" Common Pleas
r, c.. For Prothonotary Use Only:
CiVif•Cover,Sheet
CUMBE'RTrAND' )Mi' County Docket No:
The it7formation collected on this form is used solely for court administration put poses. This form does not
supplement or replace thefiling and set-vice of leadin s or other a ers as required by law or rules of court.
S Commencement of Action:
Complaint ❑Writ of Summons ❑Petition
E ❑Transfer from Another Jurisdiction ❑Declaration of Taking
C Lead Plaintiffs Name: WELLS FARGO BANK,NA Lead Defendant's Name: MICHELLE R. MECKLEY
T
I Are money damages requested? 1:1 Yes No Dollar Amount Requested: ❑within arbitration limits
0 (Check one) ❑x outside arbitration limits
N Is this a Class Action Suit? ❑Yes ❑x No Is this an MDJ Appeal? ❑ Yes 0 No
A Name of Plaintiff/Appellant's Attorney: Kenva Bates.Esq.,Id.No.203664,Phelan Hallinan,LLP
❑ Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant)
Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS
❑Intentional ❑Buyer Plaintiff Administrative Agencies
❑Malicious Prosecution ❑Debt Collection: Credit Card ❑Board of Assessment
❑Motor Vehicle ❑Debt Collection: Other ❑Board of Elections
❑Nuisance ❑Dept.of Transportation
❑Premises Liability ❑ Statutory Appeal: Other
❑Product Liability(does not
S include mass tort) ❑ Employment Dispute:
❑ Slander/Libel/Defamation Discrimination
E ❑ Other: ❑Employment Dispute: Other ❑Zoning Board
C ❑Other:
T '
OMASS TORT ❑ Other:
❑Asbestos
N ❑Tobacco
❑Toxic Tort-DES
❑Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
❑Toxic Waste ❑ Ejectment ❑ Common Law/Statutory Arbitration
B ❑ Other: ❑ Eminent Domain/Condemnation ❑Declaratory Judgment
❑ Ground Rent ❑Mandamus
❑Landlord/Tenant Dispute ❑Non-Domestic Relations
M Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABILITY El Mortgage Foreclosure: Commercial ❑Quo Warranto
❑Dental ❑Partition ❑Replevin
❑Legal ❑ Quiet Title ❑Other:
❑Medical ❑Other:
❑ Other Professional:
Pa.R.CA 205.5 Updated 01/01/2011
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PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF
Kenya Bates, Esq., Id. No.203664
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
kenya.bates@phelanhallinan.com
215-563-7000
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK,NA
3476 STATEVIEW BOULEVARD CIVIL DIVISION -
FORT MILL, SC 29715 n C4 U
Plaintiff, NO.: 1 "1
VS.
MICHELLE R. MECKLEY
1469 MAPLEWOOD DRIVE '
NEW CUMBERLAND, PA 17070-2216
Defendant.
CIVIL ACTION- COMPLAINT IN MORTGAGE FORECLOSURE '
And now comes WELLS FARGO BANK, NA,by its attorneys, Phelan Hallinan, LLP
and files this Complaint in Mortgage Foreclosure as follows:
062-PA-V5
1. The Plaintiff is WELLS FARGO BANK, NA, 3476 STATEVIEW
BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff').
2. The Defendant is, MICHELLE R. MECKLEY, with a last known address of 1469
MAPLEWOOD DRIVE,NEW CUMBERLAND, PA 17070-2216.
3. In order to protect the borrower's privacy, certain personal information of the
borrower (such as loan account, Social Security numbers and birth dates), may have been
partially or completely redacted on the exhibits to this Complaint.
4. WELLS FARGO BANK, NA, directly or through an agent, has possession of the
Promissory Note. WELLS FARGO BANK, NA is either the original payee of the Promissory
Note or the Promissory Note has been duly indorsed. A copy of said Promissory Note is marked
Exhibit "A", attached hereto and made a part hereof.
5. On or about May 4, 2012, MICHELLE R. MECKLEY made, executed and
delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE
FOR NFM, INC. D/B/A NFM CONSULTANTS, INC., A MARYLAND CORPORATION a
Mortgage in the original principal amount of$167,863.00 on the premises described in the legal
description marked Exhibit "B", attached hereto and made a part hereof. Said Mortgage being
recorded in the Office of the Recorder of CUMBERLAND County on May 14, 2012, in
Instrument No. 201214250. The Mortgage is a matter of public record and is incorporated herein
.by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its
obligation to attach documents to pleadings if those documents are of public record.
6. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded February
11, 2013, the mortgage was assigned to WELLS FARGO BANK, NA which Assignment is
recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 201304492.
The Assignment is a matter of public record and is incorporated herein by reference in
accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach
documents to pleadings if those documents are of public record.
7. MICHELLE R. MECKLEY is the record and real owner of the aforesaid
062-PA-VS
mortgaged premises.
8. Defendant is in default under the terms of the aforesaid Mortgage for, inter alia,
failure to pay the installments of principal and interest due April 1, 2014.
9. As of 09/09/2014, the amount due and owing Plaintiff on the mortgage is as
follows:
Principal $161,957.32
Interest $3,169.84
From 03/01/2014 to 09/09/2014
Late Charges $185.44
Escrow Advance $1,868.80
Property Inspections $0.00
Property Preservation $0.00
BPO/Appraisals $0.00
Escrow Balance $0.00
Corporate Advance Credit $0.00
Total $167,181.40
plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania
Law, actually and reasonably incurred by Plaintiff, including but not limited to, costs (including
escrow advances) and Plaintiff's attorneys' fees and expenses. Plaintiff reserves the right to file
a motion in the above-captioned action to add such additional sums authorized under the
Mortgage and Pennsylvania Law to the above amount due and owing when incurred.
10. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of
Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended
in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have
been sent to the Defendant(s).
062-PA-VS
11. This action does not come under Act 91 of 1983 because the mortgage is FHA-
insured.
12. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff
is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to
do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of
personal liability in a bankruptcy proceeding, this action is in no way an attempt to re-establish
such liability.
WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the
amount due of$167,181.40, with interest thereon plus additional costs (including additional
escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the
mortgaged premises.
By:
Date: KenyA B es, Esq., Id. No.203664
Attorney for Plaintiff
062-PA-VS
Exhibit "A"
C;GgI]ed
ruQ COPS' NOTE F�ceea No.
Multistate
MAY 4, 2012 LINTHICUN, MARYLAND
[Date] [City] [State]
1469 Maplewood Drive, New Cumberland, PA 17070
[Property Address]
I. PARTIES
"Borrower"means each person signing at the end of this Note,and the person's successors and assigns."Lender"
means NFM, INC, d/b/a NPM CONSULTANTS, INC., A MARYLAND CORPORATION.
and its successors and assigns.
2, BORROWER'S PROMISE TO PAY;INTEREST
In return for a loan received from Lender,Borrower promises to pay the principal sum of ******ONE HUNDRED
SIXTY SEVEN THOUSAND EIGHT HUNDRED SIXTY THREE AND NO/100***********we**::**e**** Dollars
(U.S. $167,863.00 ),plus interest,to the order of Lender.Interest will be charged on unpaid principal,from the
date of disbursement of the ban proceeds by Lender,at the rate of THREE AND THREE-FOURTHS percent
( 3.750% )per year until the full amount of principal has been paid.
3. PROMISE TO PAY SECURED
Borrower's promise to pay is secured by a mortgage,deed of trust or similar security Instrument that Is dated the
same date as this Note and called the"Security Instrument.'The Security Instrument prot;scts the Lender from losses
which might result if Borrower defaults under this Nola.
4. MANNER OF PAYMENT
(A)Time
Borrower shall make a payment of principal and interest to Lender on the IST day of each month
beginning on JULY 1, 2012. Any principal and interest remaining on the IST day of
.TUNS, 2042 will be due on that date,which is called the"Maturity Date."
(B) Place
Payment shall be made at
505 PROGRESS DRIVE
LINTHICUM, No, 21090
or at such place as Lender may designate In writing by notice to Borrower.
(C)Amount
Each monthly payment of principal and'interest will be in the amount of U.S. $777.40. This amount
will be part of a larger monthly payment required by the Security Instrument,that shall be applied to principal,Interest
and other items in the order described in the Security Instrument.
(D)Allonge to this Note for payment adjustments
If an altonge providing for payment adjustments is executed by Borrower togetherwith this Note,the covenants of
the altonge shall be incorporated into and shall amend and supplement the covenants of this Note as lithe altonge were
a part of this Note.
[Check applicable box] =- Graduated Payment Allange, =Growing EqultyAllonge
L_J Other[specify)
5. BORROWER'S RIGHT TO PREPAY
Borrower has the right to pay the debt evidenced by this Note,in whole or in part,without charge or penalty,on the
first day of any month.Lender shall accept prepayment on other days provided that borrower pays interest on the amount
prepaid forthe remainder of the month to the extent required by Lender and permitted by regulations of the Secretary.
If Borrower makes a partial prepayment,therewili be no changes in the due date or in the amountof the monthly payment
unless Lender agrees in writing to those changes.
6. BORROWER'S FAILURE TO PAY
(A) Late Charge for Overdue Payments
If Lender has not rsceived the full monthly payment required bythe Security Instrument,as clescribad In Paragraph 4(C)
of this Note,by the end of 15 calendar days after the payment is due,Lender may collect a late charge in the
amount of FOUR percent( 4.000% )of the overdue amount of each
payment
(B)Default
If Borrower defaults by failing to pay in full any monthly payment,then Lender may,except as limited by regulations of
the Secretary in the case of payment defaults,require immediate payment in full of the principal balance remaining due and
all accrued interest.Lerxler may choose notto exercise this option withoutwaiving its rights in the eventof any subsequent
default.In many circumstances regulations Issued by the Secretary will limit lender's rights to require Immediate payment
in full in the case of payment defaults.This Note does not authorize acceleration when not permitted by HUD regulations.
As used in this Note,"Secretary"means the Secretary of Housing and Urban Development or his or her designee.
FHA Muttrstate Fixed Rete Nora-10195 I nitials t Ae4-pf
Online Documents,Inc. Page i of 2 P8700NOT 0804
(C)Payment of Costs and Expenses LOAN Ile 94212046787
If Lender has required immediate payment in full,as described above,Lender may require Borrower to pay costs
and expenses including reasonable and customary attorneys'fees for enforcing this Note to the extent not prohibited
by applicable law.Such fees and costs shall bear interest from the date of disbursement atthe same rate as the principal
of this Note.
7. WAIVERS
Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of
dishonor."Presentment"means the right to require Lender to demand payment of amounts due."Notice of dishonor"
means the right to require Lender to give notice to other persons that amounts due have not been paid.
S. GIVING OF NOTICES
Unless applicable law requires a different method,any notice that must be given to Borrower udder this Note will
be given by delivering it or by mailing It by first class mail to Borrower at the property address above or at a different
address if Borrower has given Lender a notice of Borrower's different address.
Any notice that must be given to Lender under this Note Will be given by first class mail to Lender at the address
stated in Paragraph 4(B)or at a different address if Borrower is given a notice of that different address.
9. OBUGATIONS OF PERSONS UNDER THIS NOTE
If more then one person signs this Nota,each person is fully and personally obligated to keep all of the promises
made in this Note,including the promise to pay the full amount owed.Any person who is a guarantor,surety or endorser
of this Note is also obligated to do these things.Any person who takes over these obligations,including the obligations
of a guarantor,surety or endorser of this Note,is also obligated to keep all of the promises made in this Note,Lander
may enforce its tights underthis Note against each person individually cr againstail signatories together.Anyone person
signing this Note may be required to pay all of the amounts owed under this Note.
BY SIGNING BELOW,Borrower accepts and agrees to the rms and covenants contained in this Note.
tie." (Seal)
' iohelle R Neokley
PAY TO THE ORDER OF //j �S •fjyy�) �� N.
WITHOUT RECOURSE,
NFM, INC. d/b/a WFM
CONSULTANTS, TUC., A MARYLAND
CORPORATION
By
�` !
FHA Multistate Fixed Rate Note-10/96
Online Dowma to Inc. Page 2 of 2 P8700NOT 0804
Exhibit "B"
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land situate in Lower Allen Township, County of Cumberland
and Commonwealth of Pennsylvania,known and numbered as Lot No. 86 of Beacon Hill Final
Development Plan Amended Phase VI, Village of Birchwood,prepared by H. Edward Black and
Associates, and recorded in Cumberland County Plan Book 68,Page 93.
UNDER AND SUBJECT to a Declaration of Covenants and Restrictions, recorded in
Cumberland County Miscellaneous Book 319, Page 556.
AND UNDER AND SUBJECT to a Supplemental Declaration of Covenants and Restrictions,
recorded in Cumberland County Miscellaneous Book 355, Page 18. .
AND UNDER AND SUBJECT to the By-Laws of Beacon Hill Community Association,
recorded in Cumberland County Miscellaneous Book 319, Page 525.
"FOR INFORMATIONAL PURPOSES ONLY**
The improvements thereon being known as No. 1469 Maplewood Drive, New Cumberland, PA
17070.
Being the same property, which by Deed dated 7/15/02 and recorded 7/17/02 in Book 252,Page
3544, Instrument No. 2002-028429, in the Office of the Recorder of Deeds of Cumberland
County, Pennsylvania, was granted and conveyed by John J. Connors and Gayle L.Connors unto
Michelle R. Meckley.
File#: 952126
PARCEL ID NO: 13-25-0008-212
PROPERTY ADDRESS: 1469 MAPLEWOOD DRIVE, NEW CUMBERLAND,PA 17070-
2216
PARCEL#13-25-0008-212.
Pile k 952126
Exhibit "A"
t'
` NOTE FHA Case No.
M
June 15, 2001 100e a 2
[Date]
51 EAST FRANKLIN STREET.GREENCASTLE,PA 17225
[Property Address]
1. PARTIES
"Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender"means
SIB MORTGAGE CORP. d/b/a IVY MORTGAGE, A NEW JERSEY CORPORATION
and its successors and assigns.
2.BORROWER'S PROMISE TO PAY;INTEREST
In return for a loan received from lender,Borrower promises to pay the principal sum of
Sixty Three Thousand Eleven and no/100
Dollars(U.S. $ 63,011-00 ),plus interest, to the order of Lender. Interest will be charged on unpaid principal,
from the date of disbursement of the loan proceeds by Lender, at the rate of Seven
percent( 7.0000 %)per year until the full amount of principal has been paid.
3.PROMISE TO PAY SECURED
Borrower's promise to pay is secured by a mortgage, deed of trust or sitnilar security instrument that is dated the same date
as this Note and called the "Security Instrument." The Security Instrument protects the Lender from losses which might result if
Borrower defaults under this Note.
4.MANNER OF PAYMENT
(A) Time
• Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on
August 1 , 2001 . Any principal and interest remaining on the first day of July
2031 , will be due on that date, which is called the"Maturity Date."
(B) Place
Payment shall be made at 1250 ROUTE 28, BRANCHBURG, NJ 08876
or at such place as Lender may designate in writing
by notice to Borrower.
(C) Amount This amount
Each monthly payment of principal and interest will be in the amount of U.S. $419.22
will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and
other items in the order described in the Security Instrument.
(D) Allonge to this Note for payment adjustments
If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of
the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of
this Note. [Check applicable box]
❑Graduated Payment Allonge ❑Growing Equity Allonge ❑Other[specify]
5.BORROWER'S RIGHT TO PREPAY
Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first
day of any-month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for
the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a
partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in
writing to those changes.
FHA Multistate Fixed Rate Note-10195 ORIGINAL
� q[�.�A �� l l,llll,/till�l�l N�IfI IIII��ll l�fl
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(00-
vMP MORTGAGE FORMS-18001521.7291
Page 1 of 2 MW 01/86.01 Initials:
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•
I
I
6. BORROWER'S FAILURE TO PAY
(A) Late Charge for Overdue Payments
If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph
4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount
OfFour percent( 4.0000 %)of the overdue amount of each payment.
(B) Default
If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations
of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and
all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent
default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in
full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used
in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee.
(C) Payment of Costs and Expenses
If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and
expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable
law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note.
7. WAIVERS
Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of
dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the
right to require Lender to give notice to other persons that amounts due have not been paid.
8. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given
by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if
Borrower has given Lender a notice of Borrower's different address.
Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address-stated in
Paragraph 4(B)or at a different address if Borrower is given a notice of that different address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in
this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is
also obligated to do thesethings. Any person who takes over these obligations, including the obligations of a guarantor, surety
or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this
Nbte against each person individually or against all signatories together. Any one person signing this Note may be required to
pay all of the amounts owed under this Note.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note.
(Seal)
(Seal)
-Borrower CORAL BAR$ANTI Borrower
(Seal) (Seal)
-Borrower -Borrower
WITHOUT RECOURSE. (Seal)
PAY TO THE ORDER OF (Seal)
- -Borrower
Borrower
Wells Fargo Home Mortgage, Inc. (Seal)
(Seal)
aA
,4 -Borrower -Borrower
ey
Bela R.Dodson PA TO THE ORDER OF
Assistant Secretary t�. C.
Paye z of 2 WITHOUTWRECOU-7R�seon.o, SrR MORT'RALPH
__ . .. ; i
• � ,-:'.
ss
Exhibit "B"
LEGAL DESCRIPTION
ALL the following described real estate lying and being situate in the Borough of Greencastle,
Franklin County, Pennsylvania, bounded and described as follows:
Bounded on the North by East Franklin Street; on the East by lot now or formerly of Vinson E.
Bitner and Shirley a. Bitner, his wife; on the South by lot now or formerly of Stephen A.Martin
and Susan V.Martin,his wife;and on the West by lot now or formerly of Todd Hoover and
Cindy Deardorff, having a frontage on East Franklin Street of thirty-six (36) feet and extending
back an equal width a distance of forty-four and one-half(44-1/2) feet to the lot now or formerly
of Stephen A.Martin and Susan V.Martin,his wife.
BEING the same real estate conveyed to Coral Barsanti by deed of Frank Thomas, single,
dated June 15, 2001, and intended to be recorded immediately prior hereto.
PROPERTY ADDRESS: 51 EAST FRANKLIN STREET,GREENCASTLE, PA 17225-
1349
PARCEL#08-2B29.-105.-000000
File k 952102
VERIFICATION
Jasmin McLean, hereby states that he/ he is Vice President Loan Documentation of
WELLS FARGO BANK, N.A., plaintiff in this matter, that he/&s 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 of hiser 'nformation 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.
Nam : asmin McLean
Title: Vice President Loan Documentation
Company: Wells Fargo Bank,N.A.
Date: 09/10/2014
086-PA-V2 File# 952126
9 w
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
32 SOUTH BEDFORD STREET
CARLISLE,PA 17013
(717)249-3166
(800)990-9108
File#: 952126