Loading...
HomeMy WebLinkAbout13-0768... ~ „. + - .. ,r i , ~' f f J ~ ~Ci l'f(, j - ~~ v IP~(1 C'i~F~P (~ rrAA11~s r Gry { v'{ ~ /R ~ j ~~A; fy 4 ~Ff~~°5 v'~~~~~~~f r~., PHELAN HALLINAN, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD CIVIL DIVISION FORT MILL, SC 29715 ~ ~~ ~ ~`,Ut' Plaintiff, NO.: 3 vs. LAURA P. FREITAS A/K/A LAURA FREITAS TYE C. BELL A/K/A TYE BELL 865 TANNEHILL DRIVE MANTECA, CA 95337-8984 Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes WELLS FARGO BANK, N.A., by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). 062-PA-V3 STATEVIEW l~G ~~sa ~ 2. The Defendants, LAURA P. FREITAS A/K/A LAURA FREITAS and TYE C. BELL A!K/A TYE BELL, are individuals whose last known address are 865 TANNEHILL DRIVE, MANTECA, CA 95337-8984. 3. WELDS FARGO BANK, N.A., directly or through an agent, has possession of the Promissory Note. WELLS FARGO BANK, N.A. is either the original payee of the Promissory Note or the Promissory Note has been duly indorsed. A true and correct copy of said Promissory Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about July 26, 2007, LAURA FREITAS and TYE BELL made, executed and delivered to WELLS FARGO BANK, N.A. a Mortgage in the original principal amount of $116,750.00 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 in Document ID 200731384. 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. 5. Plaintiff is the current Mortgagee. 6. Defendants are in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the monthly installments of principal and interest due July 1, 2012. 7. LAURA P. FREITAS A/K/A LAURA FREITAS and TYE C. BELI, A/K/A TYE BELL are the record and real owner(s) of the aforesaid mortgaged premises. 062-PA-V3 8. As of 01/17/2013, the amount due and owing Plaintiff on the mortgage is as follows: Principal Balance $ 105,863.61 Interest $ 4,564.61 06/01 /2012 through O 1 /17/2013 Late Charges $ 153.40 Property Inspections $ 30.00 Escrow Deficit $ 306.04 TOTAL $ 110,917.66 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. 9. 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). 10. 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. 062-PA-V3 WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $110,917.66, with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Date: 2/,y~~ By: _ J hael Kolesnik, Esq., Id. No.308877 for Plaintiff 062-PA-V3 Exhibit "A" NOTE JULY 26, 2007 [Datcl iCityl [Statcl 26 COURT LANE, CARLISLE, PA 17013 (Prolxrty Address] 1. BORROWER'S PROMISE TO PAY In rt:turn for a Loan that I have received, I promise W pay U.S. $ *****116, 750.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is WELLS FARGO BANK, N.A. [ will make alt payments under this Note in the farm of cash, check or money order. 1 understand that the Lender may transfer this Note. The lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST lttterest will be charged on unpaid principal until the full atiu>unt of Pritu;ipal has been paid. I will pay interest at a yearly rate of 6.875 ~. The interest rate required by this Section 2 is the rote I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments 1 will pay principal and interest by making a payment every tuonth. I will tnake my monthly paytnent on the FIRST day of each month beginning on SEPTEMBER 01, 2007 . 1 wiq make these payments every month until I have paid all of the prirx;ipal and interest and any other charges described below that I may owe under this Note. Each moodily payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on AUGUST Ol, 2037 , I still owe amounts under this Note, [will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payntentti atWELLS FARGO HOME MORTGAGE, P.O. BOX 11701, NEWARK, NJ 071014701 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the atuount of U.S. $ * * * * 7 6 6.96 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A paynteut of Principal only is known as a "Prepayment." When I utake a Prepayment, I will tell the Note Holder in writing that I ant doing so. I may not desigl>dte a payment as a Prepayment if [have not made all the monthly payments due under the Note. I may nuke a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayntentti to reduce the amount of Principal that f owe undt:r this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If [ make a partial Prepaymetu, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. MULTISTATE FIXED RATE NOTE•Single Family-Fannie MaelFreddie Mao UNIFORM INSTRUMENT ~® 5N fooosl Form 3200 tl01 VMP MORTGAGE FORMS • 18001521.7281 T Pape t of 3 Iniuata: 5. LOAN CHARGES If a law, which applies to this loan and which sets tnaxintum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted linuts, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded perntted limits will be refunded to me. The Note Holder ruay choose to make this refund by reducing the Principal I owe under this Note or by nuking a diret;t payment to me. If a refund reduces Principal, tl,e reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED {A} bate Charge for Overdue Payments tf the Nate Holder has not received the foil amount of arty monthly paytttent by the end of 15 calet,dar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge wilt be 5.000 ~ of my overdue payment of principal and interest. 1 will pay this late charge promptly but only once on each late payment. {B) Default if I do not pay d,e full autount of each monthly payment on the date it is due, I will be in default. {C) Notice of Default If I an, in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has no[ been mid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me ar delivered by other means. (D) No Waiver By Note Holder Even if, at a time whet, [ am in default, the Note Holder does trot require rue to pay immediately in full as described above, the Nate Holder will still have the right to do so if I a,tt in det°ault at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay irrunediately in full as described above, the Note Haider will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, far example, reaso„able attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any ,entice that must be given to ,ne under this Note will be given by delivering it or by mailir~ it by first class mail to n,e at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by r,uiliug it by first class mail to the Note Holder at the address stated in Section 3(A) above ar at a different address if I am given a notice of that different address. S. 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 gua,~ntor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligatior>.c, including the obligatiot,.s of a guarantor, surety or endorser of this Note, is also obligated to keep all of the pronuses made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This n,ea„s that any one of us nuy be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishot,or. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the riglu to require the Note Holder to give notice to other persons that amounts due have not been paid. Form 32$1/01 •$~t 100061 Pepe 2 of 3 ® Inhiels: ~~ 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictioc~.c. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do riot keep the pronrises which [make in this Note. That Security Instrument describes how and under what conditions I Wray be required to make immediate payment in full of all amounts 1 awe under this Note. Some of those conditions are described as follows: if ali or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent. Lender may require immediate payruent in full of all sums secured by this Security Instrument. However, this option shat! not be exercised by Lender if such exercise is prohibited by Applicable Law. Tf Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the ttotice is given in accordance with Section 15 within which Borrower must pay all sumti secured by this Security Instrument. If Harrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) HELL -Borrower -(Seal} -Borrower -(Seal) -Borrowcr - (Seal) -Borrowcr (Seal) P FREIT -Borrower wlTl~rouT RECOURSE PAY TO THE ORDER Of WEL FARGO B~lINK, N.A. BY ~ /n ~~ly ~_.... Joa .Mills Ylce PreBldent - (Seal) -Borrowcr - (Seal) -Borrower -(Scat) -Borrower jSign Origlnad On1yJ 61V ~0006~ Paps 3 or 3 Form 3200 1/07 Exhibit "B" LEGAL DESCRIPTION ALL THAT CERTAIN Unit in the property known, numbered and identified in the Declaration referred to below as "The Courtyards of Carlisle, a Condominium Community", located in the Borough of Carlisle, County of Cumberland and Commonwealth of Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. Section 3101, et seq., by the recordings in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaration dated February 26, 1999, and recorded April 22, 1999, in Miscellaneous Book 610, Page 678, together with all amendments and supplements thereto recorded on or before the date hereof and designated as Unit No. 102 as more fully described in such Declaration, together with the proportionate undivided interest in the Common Elements as defined in such Declaration. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights of way easements and agreements of record including, but not limited to, those contained in the Declaration and Declaration Plan. PROPERTY ADDRESS: 26 COURT LANE, CARLISLE, PA 17013-1398 PARCEL # 06-18-1371-002.-0102 File#: 313151 VERIFICATION Nathaniel Orendain, hereby states that he she is Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff in this matter, that~~he 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 of is er 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: Na Title: Vice ~~ident Lt1an Documentation Company: WellsFaigo Bank, N.A. Date: 02/01 /2013 086-PA-V2 File#: 313151 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff vs. LAURA P. FREITAS A/K/A LAURA FREITAS TYE C. BELL A/K/A TYE BELL 865 TANNEHILL DRIVE MANTECA, CA 95337-8984 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN~ , PENNSYLVANIA ---- wd:. rT, t~ f~ I`:~ i v~ r' _ ,: ~ ~- ,1 , _ c~ ~,` . y . ~,~ a . 13-~~! O Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have an attorney, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at not chazge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all the requested fmancial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a fmancial worksheet in the format attached hereto, the legal representative will prepaze and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in attempt to work out a reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all the requested fmancial information so that a loan resolution proposal can be prepazed on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work our reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward, IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. 2~3/.~ Date Respectfully submitted: Si a e of Counsel for Plaintiff Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Please Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Address (if different) City: Phone Numbers: Email: # of people in household: Mailing Address: City: Phone Numbers: Email: # of people in household: First Mortgage Lender: Type of Loan: Loan Number: Second Mortgage Lender: Type of Loan: Loan Number: State: Zip: Yes ^ No ^ Listing date: Price: $_ Realtor Phone:_ Yes ^ No ^ Home: Cell: Office: Other: State: Zip: How long? State: Zip: Home: Office: Cell: Other: How long? Date you Closed Your Loan: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: . Primary Reason for Default: Is the loan in Bankruptcy? Yes ^ No ^ If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Amount owed: Value: Automobile #2: Model: Amount owed: Value: Other transportation (automobiles boats motorcycles Model: Year: Amount owed: Value Monthlv Income Name of Employers: 1. Year: Year: 2. 3. Additional Income Description (not wages): l . monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthlv Eznenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mort a e Food 2° Mort a e Utilities Car Pa ment(s) Condo/Nei h. Fees Auto Insurance Med. (not covered) Auto fueUre airs Other ro . a ment Install. Loan Payment Cable TV Child Su ort/Alim. Spendin Mone Da /Child Care/Tuit. Other Ex enses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ^ No ^ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ^ No ^ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ^ No ^ If yes, please indicate the status of those negotiations: Please provide the following information, if you know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: I/We, ,authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this page along with the following information to lender: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) 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 YOt1 WITH INFORMATION ABOiJT 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 1701.3 (717) 249-3166 (800)990-9108 File #: 313151 SHERIFF'S OFFICE OF CUMBERLAND COUNTY F11LEO-OFFICE Ronny RAnderson 01 THE PROTHONOTARY Sheriff at cumbrl`1 Jody S Smith 44� 2,113 MAR 18 AM 9: 56 Chief Deputy CUMBERLAND COUNTY Richard W Stewart `" - Solicitor OFFICE OF THE 6RIFF P E N NS Y LVA'N 1 A Wells Fargo Bank, N.A. Case Number vs. 2013-768 Laura P Freitas(et al.) SHERIFF'S RETURN OF SERVICE 03/11/2013 Ronny R Anderson, Sheriff, being duly sworn according to law,states he made diligent search and inquiry for the within named Defendant to wit:Tye C Bell, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as"Not Found"at 26 Court Lane, Carlisle Borough, Carlisle, PA 17013. Per current tenant Lilian Garcia defendant has moved to 865 Tannehill Drive, Manteca, CA 95337. 03/11/2013 04:37 PM- Deputy Noah Cline, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Liliana Garcia, current tenant,who accepted as"Adult Person in Charge"for Laura P Freitas at 26 Court Lane, Carlisle Lane, Carlisle, PA 17013-1398. Current tenant stated that the defendant moved to California at 865 Tannehill Drive, Manteca, CA 95337. l/ NOAH CLINE, DEPUTY SHERIFF COST: $56.00 SO ANSWERS, 1�zXz112 , 2X March 12, 2013 ROW?R ANDERSON, SHERIFF ic)CountySuite Sheriff,Teleosoft.Inc. Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 Attorney for Plaintiff KN WELLS FARGO BANK,N.A. Court of Common Pleas Plaintiff Civil Division VS. LAURA P. FREITAS CUMBERLAND County A/K/A LAURA FREITAS TYE C. BELL No. 13-768-CIVIL A/KJA TYE BELL Defendants MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan, LLP, moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendants, LAURA P. FREITAS A/K/A LAURA FREITAS and TYE C. BELL A/K/A TYE BELL, by first class mail to LAURA P.FREITAS A/K/A LAURA FREITAS and TYE C. BELL A/K/A TYE BELL at the last known address, 865 TANNEHILL DRIVE, MANTECA, CA 95337-8984, and the mortgaged premises, 26 COURT LANE, CARLISLE, PA 17013-1398; posting of the mortgaged premises, 26 COURT LANE, CARLISLE, PA 17013-1398; and publication pursuant to Pa. R.C.P. 430, and in support thereof avers the following: 1. Attempts to serve Defendant, LAURA P. FREITAS A/K/A LAURA FREITAS, personally with the Complaint have been unsuccessful. The Sheriff of CUMBERLAND County attempted to serve the Defendant at the mortgaged premises, 26 COURT LANE, CARLISLE, PA 17013-1398. As indicated by the Return of Service, LILIANA GARCIA accepted service of the Complaint at said address. Service is invalid as LILIANA GARCIA is a current tenant. A true and correct copy of the Return of Service is attached hereto,made part hereof, and marked as Exhibit "A". 313151 2. Attempts to serve Defendant, TYE C. BELL A/K/A TYE BELL, personally with the Complaint have been unsuccessful. The Sheriff of CUMBERLAND County attempted to serve the Defendant at the mortgaged premises, 26 COURT LANE, CARLISLE, PA 17013- 1398. As indicated by the Return of Service, no service was made as the Defendant does not reside at said address. A true and correct copy of the Return of Service is attached hereto, made part hereof, and marked as Exhibit "B". 3. Attempts to serve Defendants, LAURA P. FREITAS A/K/A LAURA FREITAS and TYE C. BELL A/K/A TYE BELL, personally with the Complaint have been unsuccessful. The Plaintiff's Process Server attempted to serve the Defendants at the last known address, 865 TANNEHILL DRIVE, MANTECA, CA 95337-8984. As indicated by the Affidavits of Service, no service was made as there was no response to the attempts made by the Plaintiff's Process Server. A true and correct copy of the Affidavits.of Service are attached hereto, made part hereof, and marked as Exhibit "C". 4. Attempts to serve Defendants, LAURA P. FREITAS A/K/A LAURA FREITAS and TYE C. BELL A/K/A TYE BELL, personally with the Complaint have been unsuccessful. The Plaintiff's Process Server attempted to serve the Defendants at, 1824 LOBERO LN, MODESTO, CA 95355-2522. As indicated by the Affidavits of Service, no service was made as the Defendants do not reside at said address. A true and correct copy of the Affidavits of Service are attached hereto, made part hereof, and marked as Exhibit "D". 5. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendants. A true and correct copy of an affidavit of due diligence setting forth the specific inquiries as to the Defendants' whereabouts and the results thereof is attached hereto, made part hereof, and marked as Exhibit"E". 313151 6. In accordance with CUMBERLAND County Local Rule 208.2(d), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendants on May 16, 2013 and requested Defendants' concurrence. Plaintiff did not receive any written response from the Defendants. A true and correct copy of Plaintiffs May 16, 2013 letter,and postmarked certificate of mailing pursuant to Local Rule 208.2(d) attached hereto, made part hereof, and marked Exhibit "F". 7. Plaintiff has reviewed its internal records and has not been contacted by the Defendants to bring loan current. 8. Plaintiff submits that it has made a good faith effort to locate the Defendants but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail;posting; and by publication. Respectfully submitted, PHELAN HALLINA , LP Date: V 1 By: Phelkin"AlAllinan,LLP Justin . obeski, Esq., Id. No.200392 Attorn for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 313151 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 Attorney for Plaintiff WELLS FARGO BANK,N.A. Court of Common Pleas Plaintiff : Civil Division vs. CUMBERLAND County LAURA P. FREITAS : A/K/A LAURA FREITAS No. 13-768-CIVIL TYE C. BELL A/K/A TYE BELL Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT I. FACTUAL BACKGROUND Attempts to serve Defendants, LAURA P. FREITAS A/K/A LAURA FREITAS and TYE C. BELL A/K/A TYE BELL, with the Complaint have been unsuccessful. The Sheriff of CUMBERLAND County attempted to serve the Defendants at the mortgaged premises, 26 COURT LANE, CARLISLE, PA 17013-1398. The Plaintiff's Process Server attempted to serve the Defendants at 865 TANNEHILL DRIVE, MANTECA, CA 95337-8984, and 1824 LOBERO LN, MODESTO, CA 95355-2522. As indicated by the Return of Service and Affidavits of Service, no service was made. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to discover the whereabouts of the Defendants as evidenced by the affidavit of due diligence setting forth the specific inquiries as to the Defendants' whereabouts and the results thereof. Further, Plaintiff's counsel has reviewed its internal records and has not been contacted by the Defendants to bring loan current. Consequently, Plaintiff submits that it has made a good faith effort to locate the Defendants but has been unable to do so. 313151 II. LEGAL AUTHORITY Pennsylvania Rule of Civil Procedure 430(a)specifically.states: If service cannot be made under the applicable rule, the plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Pa.R.C.P. 430(a) (2009). In particular: An illustration of a good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) -inquiries of relatives, neighbors, friends, and employers of the defendant, and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. Id. at 430(a)n. Similarly,the Pennsylvania Superior Court has gone on to explain that, "While by no means exhaustive,this Note is at least indicative of the types of procedures contemplated by the legislature when enacting Rule 430." Deer.Park Lumber, Inc. v. Major, 384 Pa. Super. 625, 633, 559 A.2d 941, 946 (1989), appeal denied, 525 Pa. 582, 575 A.2d 113 (1990). Only after such proof has been offered is the Court authorized to direct another method of substitute service. See id. 313151 In the instant case, as indicated by the Return of Service and the Affidavits of Service, the Sheriff of CUMBERLAND County and the Plaintiff's Process Server have been unable to serve the Complaint. Plaintiff has made a good faith effort to discover the whereabouts of the Defendants as evidenced by the affidavit of due diligence. Therefore, Plaintiff respectfully requests an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail, posting, and publication. III. CONCLUSION As indicated by the Return of Service and the Affidavits of Service, the Sheriff of CUMBERLAND County and the Plaintiffs Process Server have been unable to serve the Complaint upon the Defendants. Plaintiff has made a good faith effort to discover the whereabouts of the Defendants as evidenced by its affidavit of due diligence. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail, posting, and publication. Respectfully submitted, PHELAN HALLINA LP Date: By: Justin F Kobeski,Esq., Id.No.200392 Attorn for Plaintiff 313151 Exhibit "A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S,Smith 4 Chief Deputy Richard W Stewart Solicitor Wells Fargo Bank,N.A. vs. Case Number Laura P Freltas(et al.) 2013-768 SHERIFF'S RETURN OF SERVICE 03111/2013 Ronny R Anderson,Sheriff,being duty sworn according to law,states he made diligent search and inquiry for the within named Defendant to wit:Tye C Bell,but was unable to locate the Defendant In his bailiwick. The Sheriff therefore returns the within requested Complaint In Mortgage Foreclosure as"Not Found"at 26 Court Lane,Carlisle Borough,Carlisle,PA 17013. Per current tenant Lilian Garcia defendant has moved to 865 Tannehill Drive,Manteca,CA 95337. 03111/2013 04:37 PM-Deputy Noah Cline,being duty sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Liliana Garcia, current tenant,who accepted as"Adult Person in Charge"for Laura P Freitas at 26 Court Lane,Carlisle Lane,Carlisle,PA 17013-1398.Current tenant stated that the defendant moved to California at 865 Tannehill Drive,Manteca,CA 95337, NOAH CLINE,DEPUTY SHERIFF COST.$56.00 SO ANSWERS, March 12,2013 RONK?R ANDERSON,SHERIFF Exhibit "B" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor OrfICE Of TWE SkEWP Wells Fargo Bank,N.A. Vs. Case Number Laura P Freitas(et al.) 2013-768 SHERIFF'S RETURN OF SERVICE 0311112013 Ronny R Anderson,Sheriff, being duly sworn according to law,states he made diligent search and inquiry for the within named Defendant to wit Tye C Bell,but was unable to locate the Defendant in his bailiwick, The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as"Not Found"at 26 Court Lane,Carlisle Borough,Carlisle,PA 17013. Per current tenant Lilian Garcia defendant has moved to 865 Tannehill Drive,Manteca,CA 95337. 1 0311112013 04*37 PM-Deputy Noah Cline,being duly sworn according to law,served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Lillana Garcia, current tenant,who,accepted as"Adult Person In Charge"for Laura P Freitas at 26 Court Lane,Carlisle Lane,Carlisle,PA 17013-1398.Current tenant stated that the defendant moved to California at 866 Tannehill Drive,Manteca,CA 95337. NOAH CLINE,DEPUTY SHERIFF COST-$56.00 SO ANSWERS, March 12,2013 RONNY R ANDERSON,SHERIFF (C.)CowtySWIS Sh"ff,TelLowft,IY- Exhibit "C" PLAINTIFF AFFIDAVIT OF SERVICE(FHLMC)' WELLS FARGO BANK,N.A. CUMBERLAND COUNTY PHS N 313151 DEFENDANT SERVICE TEAM/clo LAURA P.FREITAS A/K/A LAURA FREITAS COURT NO.: 13-768-CIVIL TYE C.BELL A/K/A TYE BELL SERVE LAURA P.FREITAS A/K/A LAURA FREITAS AT: TYPE OF ACTION 865 TANNEHILL DRIVE XX Mortgage Foreclosure MANTECA,CA 95337-8984 XX Civil Action SERVED Served and made known to LAURA P. FREITAS A/K/A LALIRA FREITAS, Defendant on the day of ,20 at .o'cIock_.M.,at in the manner described below: _Defendant personally served. —Adult family member with whom Defendant(s)reside(s). Relationship is _Adult in charge of Defendant's residence who refused to give name or relationship. _Manager/Clerk of place of lodging in which Defendants)reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age Height Weight Race Sex Other B�_ ._WA1>11e4VS a competent adult,being duly sworn according to law,depose and state that 1 personally handed a true and correct copy of the Foreclosure Complaint in the manner as set forth herein, issued in the captioned case on the date and at the address indichted above, Sworn to and subscribed before me this day of 20 , Notary: By: NOT ERVED On the Zay ofd 20� ato'cl"nck QwAIirCrr$ ,a competent adult hereby state that Defendant OT I because: Vacant _Does Not Exist Moved _Does Not.Resi of Vacant) No Answer on 4 at +ft _ /3 ! at ad" ff+i3 A# _Service Refused �j�l8rt3 Af 41-117214401 ; *41i3 /O:/}p ' Other: Sworn to And subscribed be-fo me this trV\2 day of By. $ Notary:...,,,,,,,„ ATTORNEY FOR PLAINTIFF Chrisovalante P.Fliakos,Esq.,Id.No.94620 Lawrence T.Phelan,Esq.,Id.No.32227 Courtenay R.Dunn,Esq.,Id,No.206779 Francis S.I•lallinan,Esq.,Id.No.62695 Allison F.Zuckerman,Esq.,Id.No.309519 TIFFANY JENSEN Daniel G.Schmieg,Esq.,Id,No.62205 Melissa J.Cantwell,Esq.,Id.No.308912 Commission # 1937583 Michele M.Bradford,Esq.,Id.No.69849 Mario J.Hanyon,Esq.,Id.No.203993 Notary Public-California Judith T.Romano,Esq.,Id.No.58745 John M.Kolesnik,Esq,,Id.No.308877 San Mateo County Jenine R.Davey,Esq.,Id.No.87077 Matthew G.Brushwood,Esq.,Id.No,310592 hA,y Comm.Expires RA—n1,2015 . Lauren It.Tabas,Esq.,Id.No.93337 Zachary J.Jones,Esq.,Id.No.310721 .fay B.Jones,Esq,,Id.No.86657 Justin F.Kobeski,Esq.,Id.No.200392 Andrew L.Spivack.Esq.,Id•No.84439 Adam Davis,Esq.,Id.No.203034 One Penn Center at Suburban Station 1617 John F.Kennedy Blvd., Suite 1400 AFFIDAVIT OF SERVICE(FHLMC) PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK,N.A. PHS#313151 DEFENDANT SERVICE TEAM/clo LAURA P.FREITAS A/1UA LAURA FREITAS COURT NO.:I3-768-CIVIL TYE C.BELL AJK/A TYE BELL SERVE TYE C.BELL A/K/A TYE BELL AT: TYPE OF ACTION 865 TANNEMLL DRIVE XX Mortgage Foreelosure MANTECA,CA 95337-8984 XX Civil Action SERVED Served and made known to. TYE C.BELL A/K/A TYE BELL,Defendant on the_„day of_ 20 at .o'clock_.M.,at in the manner described below: _Defendant personally served. _Adult family member with whom Defendant(s)reside(s). Relationship is _Adult in charge of Defendant's residence who refused to give name or relationship. _Manager/Clerk of place of lodging in which Defendant(s)reside(s). _Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age Height Weight Race Sex Other 1,� .a competent adult,being duly sworn according to law,depose and state that I personally handed a true and correct copy of the Foreclosure Complaint in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day Of ,20­ Notary; By: Y "A#-C4 3 }�Z� NOT SERVED On th-0^2k of 20�_,at o ciockp .M.,I .`trsQbe a competent adult hereby state that Defendant. OT FOT7RD ecT� auw Vacant Daes Nat -)list Moved. _.Does Not Reside(Nat Vacant) I�N6.11nswer on-Njbat at B: 31 t r/ 13 4f 4q:33fow- Scrv.ice Refused S11. 13 Af lT:.tJ 2 N+.�.• f 3INP 5 to } Other. Sworn to and subscribed o ffo me this 1 flay 13y: 1 Notrtry: TT�. VgR\—PLAINTIFF Chrisovalante P.Fliakos,Esq.,]d.No.94620 Lawrence T.Phelan,E Id.No.32227 Courtena R.Dunn,Es Id.No.206779 TIFFANY JENSEN Esq., Y q., Commission#1937583 Francis S.Hallinan,Esq.,Id.No.62695 Allison F.Zuckerman,Esq.,Id.No.309519 a tom.a Notary Public-California 7 Daniel G.Schmieg,Esq.,Id,No.62205 Melissa J.Cantwell,Esq.,!d.No.308912 " San Mateo County Michele M.Bradford,Esq.,Id.No.69849 Mario J.Hanyon,Esq.,Id.No.203993 My Comm.fxpires May 21,2015 Judith T.Romano,Esq.,Id.No.58745 John M.Kolesnik,Esq.,Id.No.308877 Jenine R.Davey,Esq.,Id.No.87077 Matthew G.Brushwood,Esq.,ld.No.310592 Lauren R.Tabas,Esq.,Id.No.93337 Zachary J.Jones,Esq.,Id.No.310721 Jay B.Jones,Esq.,Id.No.86657 Justin F.Kobeski,Esq.,Id.No.200392 Andrew L.Spivack,Esq.,Id.No.84439 Adam Davis,Esq.,Id.No.203034 One Penn Center at Suburban Station 1.617 John F.Kennedy Blvd., Suite 1400 Exhibit "D" AFFIDAVIT OF SERVICE(FHLMC) . PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK,N.A. PHS#313151 DEFENDANT SERVICE TEAM/via LAURA P.FREITAS A/K/A LAURA FREITAS COURT NO.:13-768-CIVIL TYE C.BELL A/K/A TYE BELL SERVE T`5'k C.BELL A/K/A TYE BELL AT- TYPE OF ACTION 1824 LOBERO LN XX Mortgage Foreclosure MODESTO,CA 95355-2522 XX Civil Action SE VED. Served and made known to TYE C::BBLL A/K/A TYE BETL ,Defendant on the _day of 20—, at o'clock_.M.,at. in the manner described below: Defendant personally served. _Adult family member with whom Defendant(s)reside(s). . Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Manager/perk of place of lodging in which Defendant(s)reside(s). _Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. Other. Description: Age Height Weight Race Sex Other I, j:a competent adult,being duly sworn according to law,depose and state that I personally handed a true and correct copy of the Foreclosure Complaint in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of ,.20 Notary: By: •t NOT SERVED On the 1'F*da of ( 2{}f�at$l�a'clod M. I, •� Defendant FO P --+a competent adult hereby state that ease: _Vacant Does Not Exist —Moved _)cDoes Not Reside(Not Vacant) _ No Answer on at. _Service Refused Other: , ,TIFFANY S i A" w 1ENSEN 937 583 mmission # 1 t o nd bS rrici Co z K 2 0h d oS419.bworFemthi day ' Notary.Pubtic•California zi San Mateo County Notary: My Comm.Expires May.21_,2055. Ciuisovulantc P.Fliakos,Esq.,Id.No.94620 Lawrence T.Phelan,Esq.,Id.No.92227 Counenay R.Dunn,Esq.,Id.No.206779 Francis S.Hallinan,Esq.,Id.No.62695 Allison F.Zuckerman,Esq.,Id.No.309519 Daniel 0.Schmieg,Esq.,Id.No.62205 Mcllssa J.Cantwell,Esq.,Id.No.308912 Michele M.Bradford,Esq.,Id.No.69849 Mario J.Hanyon,Esq.,Id.No.203993 Judith T.Romano,Esq.,Id.No.58745 John M.Kolesnik,Esq.,Id.No.308877 Jenine R.Davey,Esq.,Id.No.87077 Matthew Q.Brushwood,Esq.,Id.No.310592 Lauren R.Tabas,Esq.,Id.No.93337 Zachary J.Jones,Esq.,Id.No.310721 Jay B.Jones,Esq,,Id.No.86657 Justin F.Kobeski,Esq.,Id.No.200392 Andrew L..Spivack,Esq.,Id.No.84439 Adam Davis,Esq.,Id.No.203034 One Penn Ccnter at Suburban Station 1617 John F.Kennedy Blvd., Suite 1400 AFFIDAVIT OF SERVICE(FHLMC) PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK,N.A. PHS#313151 DEFENDANT SERVICE TEAM/via LAURA P.FREITAS A/K/A LAURA FREITAS COURT NO.:13-768-CPAL TYE C.BELL A/K/A TYE BELL SERVE LAURA P.FRETTAS A/K/A LAURA FRMTAS AT: TYPE OF ACTION 1824 LOBERO LN XX Mortgage Foreclosure MODESTO,CA 95355-2522 XX Civll Action SERVED Served and made known to LAURA P FREITAS A/K/A LAURA FREITAS, Defendant on the day of ,20,,at o'clock_M.,at _ ,in the manner described below: —Defendant personally served. Adult family member with whom Defendant(s)mside(s). Relationship is. —Adult in charge of Defendant's residence who refused to give name or relationship. r-Manager/Clerk of place of lodging in which Defendant(s)reside(s). _Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other:, 'Description: Age Height .Weight Race Sex Other I, a competent adult;being duly sworn according to law,depose and state that I,personally handed a true and correct copy of the Foreclosum Compigint in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of ,2d ,Notary: By: S OT D On the — da of_ �rt 1 2013 at 1F;V ecloc M.,I,� ,a competent adult hereby state that Defend because: _Vacant _Does Not Exist Moved _XDoes Not Reside(Not Vacant) No Answer on a at Service Refused TIFFANYJENSF�N Other: `J ' Commission# 1937583 a � Svuorn.toandsubsc'bed z uY s Notary Public . QPp* MA50� pff me-his 2U tiny p. San M;,Iteo Counlyrnia Z tv. Y Co�ml es Ma N�fary: x_2.1,2015 A�'ORNCY FIN Chrisovalante P.Fliakos,Esq,,Id.No.94620 ' Lawrence T.Phelan Esq ;Ttt,No:,32227 Courtenay R.Dunn,Esq.,Id.No.206779 �. Francis S.Hallinan,Esq.,Id.No.62695 Allison F.Zuckerman,Fsq.,Id.No.309519 Daniel G.Schmieg,Esq.,Id.No.62205 Melissa J.Cantwell,Esq.,Id.No.308912 Michele M.Bradford,Esq.,Id.No.69849 Mario J.Hanyon,Esq.,Id.No.203993 Judith T.Romano,Esq.,Id.No.58745 John M.Kolesnik,Esq.,Jd.No.308877 Jenine R.Davey,Esq.,Id.No.87077 Matthew G.Brushwood,Esq,,Id.No.310592 Lauren R.Tabas,Esq.,Id.No.93337 Zachary J.Jones,Esq.,Id.No.310721 Jay B.Jones,Esq.,Id.No:86657 Justin F.Kobeski,Esq.,Id.No.200392 Andrew L.Spivack,Esq.,Id.No.84439 Adam Davis,Esq.,Id.No.203034 One Penn Center at Suburban Station 1617 John F.Kennedy Blvd., Suite 1400 Exhibit- "E" AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 313151 Attorney Firm: Phelan,Hallinan&Schinieg,LLP Subject: Laura P. Freitas &Tye C. Bell Property Address: 26 Court Lane,Carlisle,PA 17013 Possible Mailing Address: 865 Tannehill Drive,Manteca,CA 95337 1. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Laura P. Freitas- xxx-xx-5607 Tye C. Bell-xxx-xx-3936 B. EMPLOYMENT SEARCH Laura P.Freitas &Tye C. Bell-A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Laura P. Freitas reside(s) at: 2837 Grubb Road, Wilmington, DE 19810&Tye C. Bell reside(s) at: 865 Tannehill Drive, Manteca,CA 95337. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases,which indicated that Tye C. Bell reside(s) at: 26 Court Lane, Carlisle, PA 1701.3, however had no listing for Laura P. Freitas. On 12-05-12 our office made a telephone call to the subject's phone nunilber (77.7) 245-9124 and received the following information:not in service. B. On 12-05-1.2 our office made several telephone calls to a possible phone.number of the subject(s) (209)823-2508 and received the following information: answering machine. On 12-05-12 our office made a telephone call to a possible phone number of the subject(s) (209)825-2036 and received the following information: spoke with an unidentified male who could not confirm the whereabouts of the subjects. On 12-05- 1.2 our office made a telephone call to a possible phone number of the subject(s) (209) 825-0536 and received the following information:spoke with an unidentified female who could not confirm the whereabouts of the subjects. I1T. INQUIRY OF NEIGHBORS On 12-0542 our office made a phone call in an attempt to contact Nakeya 1-1. Smith (717).243-4545,25 Court Lane,Carlisle,PA 17013: not in service. On 1.2-05-12 our office made a phone call in an attempt to contact Erik W. Stuffs:(717) 254-6405,27 Court Lane,Carlisle, PA 17013: not in service. On 12-05-12 our office made a phone call in an attempt to contact Erik 1. Kochert(717) 254-6599,29 Court Lane,Carlisle, PA 1.7013: not in service. On 12-05-1.2 our office made several phone calls in an attempt to contact N Perlmutter (209) 824-9240,864 Tannehill Drive,Manteca,CA 95337: answering machine. On 12-05-12 our office made several phone calls in an attempt to contact Andres A. Morado (209) 823-9135,876 Tannehill Drive,Manteca,CA 95337: answering machine. On 12-05-12 our office made several phone calls in an attempt to contact Anuji.t.Pabla (209) 239-2062,877 Tannehill Drive, Manteca,CA 95337: answering machine. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 12-05-12 we reviewed the National Address database and found the following information: Laura P.Freitas&Tye C. Bell-865 Tannehill Drive, Manteca, CA 95337. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors,the following is a possible mailing address: 8651'armehill Drive,Manteca,CA 95337. V. OTHER INQUIRIES A. DEATH RECORDS As of 12-05-12 Vital Records and all public databases have no death record on file for Laura P. Freitas &Tye C. Bell. VI. .ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Laura P. Freitas-1984 Tye C. Bell-1982 B. A.K.A. Laura P. Bell *Our accessible databases have been checked and cross-referenced for the above named individual(s). *Please be advised our database information indicates the subject resides at the current address. I hereby verify that the statements made herein are true and correct to the best of my knowledge,information and belief and that this affidavit of investigation is made subject to the,penal lies of 18P C.S.S 4904 relating to unsworn falsification to authorities. UJ ,4m,5 I'lie above information is obtained from available public records and we are only liable fo)- tiie cost of the affidavit, Exhibit "F" Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 FAX#: 215-568-7616 Representing Lenders in Service Department Pennsylvania May 16,2013 LAURA P.FREITAS A/K/A LAURA FREITAS and TYE C. BELL A/K/A TYE BELL 26 COURT LANE CARLISLE,PA 17013-1398 LAURA P.FREITAS A/K/A LAURA FREITAS and TYE C.BELL A/K/A TYE BELL 865 TANNEHILL DRIVE MANTECA, CA 95337-8984 RE: WELLS FARGO BANK,N.A. v. LAURA P. FREITAS A/K/A LAURA FREITAS and TYE C.BELL A/K/A TYE BELL Premises Address:26 COURT LANE, CARLISLE,PA 17013-1398 CUMBERLAND County,No. 13-768-CIVIL Dear Defendants, Enclosed please find a true and correct copy of.my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9),I am.seeking concurrence with the requested relief that is,service of the complaint by first class mail and ,posting of the mortgaged premises. Please respond to me within one week, by Should you have any further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very trul A yours, Z' Justin F Kob;ski Esq.,Id.No.200392 Attorn for Plaintiff 3.13151 Name and Phelan Haltinan;LLi' Address 1617 IFiC Boulevai*Suite 1400 Mender }} One.Penn Center Plaza t Philadelphia,PA 19103 VIA °CID Line Article Number Name of Addresser Street,and Post Of11ee Address Postage tat I *ta• LAURA P.FREITAS AWA LAURA FREITAS 50.45 111 M�e 26 COURT LANE O ' CARLISLE PA 17013-1398 n tu :.2 TYE C.BELL AWA TYE BELL 50,45 26 COURT LANE o CARLISLE,PA 17013.1398' 3 *ate LAURA P.FRETTAS AWA LAURA FREIT'AS � c 1824 LOBERO LN S11.45 ws .,;° MODFSTO CA 95355.2522 4 •••* TYE C.BELL AWA TYE BELL $0.45 1824 LOBERO LN MODESTO CA 95355-2522 w+t. .. 5 LAURA P.FREIY'AS AWA LAURA FTtEITAS'" 50,45 865 TANNEHILLDRIVE MANTEL CA 9533"18984 6 TYE C.BELL AIWA.TYE BELL $0.45 865TANNEEHILLDRIVE I MANTECA CA 953374984 RE.LAURA P.FRET TAS A/K/A LAURA FREITAS(CUMBERLAND) TEAM 4 THS 9 3131SI/1021 $2.70 page I of 1 7anl NnmEer of f - Piaaalttted 5rn4er 1 - Tatil Number of NOM- I t3-.Per(Nate 6f :M full dMingko of Ww b rerfdred oa SH dometik sad WmMimalniGeNd mail.Ttu mmdmum iademn;ty pv" R=fvrdat Pba0Mce .R-fv(SE *ytt) ._ taUra rtco�lnMiar ararieaeYoGal4edaraarn4 uadaExpetixs iNsilde&mxat remamuakn#ntwancefs t30,00d ptr .. .. - pteerewbjtsttoatimitof5J00,000pnocstatmco.`ib¢.mxxiuzum#ndemdtYWYS*bk6rtEi�itMd3mertLatuliseuS504. .. - :7LC maaianmt frdeaotity payitWe ix 523.000 to ieptitsred rml.seat wAh optional brom a.Sea DWttcatic Mail Mt&%W `.R900 54'.3 aaa 5921 f«Fimrutfona nfmvee. . Form 3877 Facsimile S 1 _ l t 313151 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563=7000 Attorney for Plaintiff WELLS FARGO BANK,N.A. Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County LAURA P. FREITAS ; A/K/A LAURA FREITAS No. 13-768-CIVIL TYE C. BELL A/K/A TYE BELL Defendants CERTIFICATION OF SERVICE The undersigned hereby certifies that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, Proposed Order and attached exhibits have been sent to the individuals as indicated below by first class mail, postage prepaid, on the date listed below. LAURA P. FREITAS A/K/A LAURA FREITAS 865 TANNEHILL DRIVE MANTECA, CA 95337-8984 LAURA P. FREITAS A/K/A LAURA FREITAS 26 COURT LANE CARLISLE, PA 17013-1398 LAURA P. FREITAS A/K/A LAURA FREITAS 1824 LOBERO LN MODESTO, CA 95355-2522 TYE C. BELL A/K/A TYE BELL 865 TANNEHILL DRIVE MANTECA, CA 95337-8984 TYE C. BELL A/K/A TYE BELL 26 COURT LANE CARLISLE, PA 17013-1398 313151 TYE C. BELL A/K/A TYE BELL 1824 LOBERO LN MODESTO, CA 95355-2522 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, PHELAN HALLINAN, LLP Date: 49A By.—noi- Justin No bes i, Esq., Id. No.200392 Attorn ly for Plai tiff 313151 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA WELLS FARGO BANK,N.A.' : Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND Coupty ., LAURA P. FREITAS A/K/A LAURA FREITAS : No. 13-768-CIVIL MM TYE C. BELL : :r � _= A/K/A TYE BELL ca Defendants =c _x:5 C= o cj{ ORDER � = AND NOW, this 316' day of M.44 , 2013,upon consideration of Plaintiff's motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED, that said Motion is GRANTED. It is further ORDERED and 'DECREED that Plaintiff may obtain service of the Complaint and of the Notice of Sheriffs Sale as authorized by Pa.RCP. 3129.2 (c)(1)(i)(C)*, on the above captioned Defendants, LAURA P. FREITAS A/K/A LAURA FREITAS and TYE C. BELL A/K/A TYE BELL, by: 1. ,Posting of the premises: 26 COURT LANE, CARLISLE, PA 17013-1398 by the Sheriff or a non-party competent adult;-and 2. First class mail to LAURA P. FREITAS A/K/A LAURA FREITAS and TYE C. BELL A/K/A TYE BELL at the last known address, 865 TANNEHILL DRIVE, MANTECA, CA 95337-8984, and the mortgaged premises located at 26 COURT LANE, CARLISLE, PA 17013-1398. Service by mail is complete upon the date of mailing. PHS#313151NLA It is fiu-ther ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to ensure compliance with this Court Order. BY TISE COURT: J. -- *Prior to fulfilling the requirements of service of Notice of Sale as set fort/wwith Order, Plaintiff must first attempt service as set forth in Pa.RCP. 3129.2(c)(1)(i) (A) or (B). In the attempted service is not successful,Plaintiff may proceed with service of the Notice of Sale in conforhis Order. Cc:LAURA P. FREITAS TYE C. BELL 26 COURT LANE, CARLISLE,PA 17013-1398 LAURA P. FREITAS 865 TANNEHILL DRIVE MANTECA,CA 95337-8984 TYE C. BELL 865 TANNEHILL DRIVE MANTECA, CA 95337-8984 0 11b �. Ef 6 PHS #313151 NLA THE PROTHONQTAr 2013 OCT 15 AM 10: 06 Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia,PA 19103 215-563-7000 WELLS FARGO BANK,N.A. • Court of Common Pleas Plaintiff Civil Division vs CUMBERLAND County LAURA P. FREITTAS A/K/A LAURA FREITAS No. 13-768-CIVIL TYE C.BELL A/K/A TYE BELL Defendant PRAECIPE TO THE PROTHONOTARY: IZ Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. C Please mark the above referenced case Settled, Discontinued and Ended. n Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. [1 Please mark the in rem judgment Satisfied and the action Discontinued and Ended. r Please Vacate the Judgment entered. Date: ID Jf/.1 PHELAN LLINAN,LLP By: / Joh`5e1 Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff PH#806912 Phelan Hallinan,LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff Civil Division v. CUMBERLAND County LAURA P.FREITAS No. 13-768-CIVIL A/K/A LAURA FREITAS TYE C. BELL A/K/A TYE BELL Defendant PH#806912 CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: LAURA P. FREITAS A/K/A LAURA FREITAS TYE C. BELL A/K/A TYE BELL 865 TANNEHILL DRIVE MANTECA, CA 95337-8984 Date: /�1��� PHEL ' H• LLINAN,LLP By: „e J, chael Kolesnik,Esq., Id. No.308877 Attorney for Plaintiff