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Home My WebLink About13-1113C~~~ ~~~ ~~ ~~ ~~~ ( j AEf~~~ '~-~+~J C '~ ~t ~~~,~~YL~~,~g~, ~`~`r' PHELAN HALLINAN, LLP Allison F. Zuckerman, Esq., Id. No.309519 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 Plaintiff, NO.: , ~, Il J 3 vs. SALLY J. NORRELL-SMITH, IN HER CAPACITY AS ADMINSTRATRIX AND HEIR OF THE ESTATE OFCRAIG M. SMITH 285 PLAZA DRIVE BOILING SPRINGS, PA 17007-9433 MARSHALL J. SMITH, IN HIS CAPACITY AS HEIR OF THE ESTATE OF CRAIG M. SMITH 285 PLAZA DRIVE BOILING SPRINGS, PA 17007-9433 MILES J. SMITH, IN HIS CAPACITY AS HEIR OF THE ESTATE OF CRAIG M. SMITH 285 PLAZA DRIVE BOILING SPRINGS, PA 17007-9433 G'U;i 062-PA-V3 ! , ~ ~- ~ f ,1,~ fYf H' (,I X47 ~, i ,f; i ; ~; a"^~ ~ ~''~ ~p~ a 1 ~t~ lab~3~y NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 305442 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CRAIG M. SMITH, DECEASED 1148 MYERSTOWN ROAD GARDNERS, PA 17324-9040 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 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff') 2. The Defendants, SALLY J. NORRELL-SMITH, MARSHALL J. SMITH and MILES J. SMITH, are individuals whose last known address are 285 PLAZA DR, BOILING SPRINGS, PA 17007-9433. 3. The Defendant, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CRAIG M. SMITH, DECEASED, is an individual whose last known address is 1148 MYERSTOWN ROAD, GARDNERS, PA 17324-9040. 4. WELLS 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. 5. On or about September 28, 2006, CRAIG M. SMITH made, executed and delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR HOWARD HANNA MORTGAGE SERVICES a Mortgage in the original principal amount of $104,000.00 on the premises described in the legal description marked 062-PA-V3 Exhibit "B", attached hereto and made a part hereof. Said Mortgage being recorded in the Office of the Recorder of CUMBERLAND County in Book 1967, Page 3450. 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 May 31, 2012, the mortgage was assigned to WELLS FARGO BANK, N.A. which Assignment is recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 20121623 8. 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. Mortgagor CRAIG M. SMITH died on May 21, 2012, and SALLY J. NORRELL- SMITH was appointed Administratrix of his estate. Letters of Administration were granted to her on June 4, 2012 by the Register of Wills of Cumberland County, No. 21-12-0621. Decedent's surviving heirs at law and next-of--kin are SALLY J. NORRELL-SMITH, MARSHALL J. SMITH and MILES J. SMITH. 8. 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 April 1, 2012. 062-PA-V3 9. As of February 11, 2013 the amount due and owing Plaintiff on the mortgage is as follows: Principal Balance $ 96,545.69 Interest 03/01/2012 Through 02/11/2013 $ 5,810.52 Late Charges $ 129.76 Property Inspections $ 105.00 Escrow Deficit $ 940.93 TOTAL $ 103,531.90 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). 11. The mortgage premises are vacant and abandoned. 12. Plaintiff does not hold the named Defendants, SALLY J. NORRELL-SMITH, MARSHALL J. SMITH or MILES J. SMITH, personally liable on this cause of action. This action is being brought to foreclose the interest of the said Defendants in the aforesaid real estate only, and the Defendants have been named in accordance with the requirements of Pa R.C.P. 1144(a)(2) and 20 Pa.C.S.A. § 301(b). 062-PA-V3 13. 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 $ 103,531.90 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: ~~' i n F erm ,Esq., Id. No.309519 A rney for Plaintiff 062-PA-V3 Exhibit "A" ~ ~ ~ ~, NOTE ,8<;P'lM~Ilt 28, 2006 GNP IfIe.L, !LY ^?;A [oath ['~tYl [Ststa) lii6 try~ratewa Bead, Qardaera, PA 17326 [Property address] 1. BORROANER"t PROiR~E TO PAY h rrpan tar a loan that I hehAU received, i prorr~ite to pay U.8. ;106;000.00 anro~rrt to calved 'Prineipat"j, pku k>tereet, eo the anir d 11ra Lorrdar. The Landerls ttcrrsfuD ttl1NrA ;NO~tiVICa6, A thEriilLVAiIA COitlORA'!IOl. I wkl malts aN paymenes under thN WoN in the form d Dash, oheak or money order. 1 understand that Mn lender maytrantfer this NON. The t.er-deroranyonewho takes this Note by transfer and who b enlMNd eo receive payrnerrts under this Note is called the "Note Holder." L IN'[ilEIEST . 1nNrvst wiN ba ctNUged o~unpaid principal until the frill amount of Prkalpal hu been pakl, l wNl pay lneerest at a yearyraUd 6.37!#. The inbrast rear nqulrad bythis Secticn 2 fa the raN I will pay bath beforo and eRerarry default daecrbed h 8acuon Sj8} of tlrie NoAr. S. PAYY~ITS Nl Ttate sail Plaae oe Payre.nN / l wlq pay prhwofPai and lrreereet by matdnq a payment awry marsh. 1 vela make my monMrly paymerd on the i!T de d eaah morrih bepfminp on xaweNSSR i. 2006. Iwlatrrako tltesePayntNrNevarymoMh wt1N i harwpald~ prNeipalandk+Nnrtand anyot;xraftargesdeacrlbed below that 1 may awe carder this Note. Each marrttrly wtr be appMd as of its sdteduied dw daN oral wMl bs appMsd io inesreet belon Prkrcipal K, on OC~OasR 1, 2036, I st~l awe amounts under fhb NoN, t wr7 pay tltcsa ansarNs M tWl on t}rat daN, whbh is Doffed the `Maftntgr Qate." i will make rrry mordhly paymwrb at IIS atwmtl- aetlvs PII'1'ittJRt~, PA 15238 ar at a dirersnt Plano K regvkrtd by the Note Helder. / (p} Arrtatnt d 1Aonglly P~aytr-attis My monthly payment wiA be in the amount d t1.8. ;sin. 82. i. 90RROMI6R"sii RIOetT ib PREPAY , hawithr ripMtio make d Prindprl at any time before ant dw. A paymerK d Prlrra~Y oNy fe known asa'Propayment."tMnnlm e~irrepaysnetN,IwIN1MUreNotaFioklwrllMpt#atlamdoint]so.imaynotdalenate a payrirerrt as a N I irrrw rat Wade an the montFdy paymerrls dw carder rte Noes. may make a ibB eM or partW Prepayments wldrout paykrp~a Prepaymerrt dr.rpe. 7tw NoN Holder vria ate my Prepayments to educe !te smamt d Prkalitaithat I owe under tlds NoN. Haerwer, tte NoN Flaklerrrray apply re~dua~clp l~ar~~ nt~oi the Nin ~ an the rtapayni:nt an-ourR, b.ror. apPyinp my Pr~s~nn.nt to tl-e amount d my monthy paymvrrt rmless the NoN Hotder~pr min wring to those cha~~es in the dw date o- in 6. WAN CFiARtiIES~ •' tt a law, which appMa N this ban and welch sets ma>drttum kran eharpee, b ~dY intarpnlad so that the Ineereai ar ottrer loan ctNryas ooMoltrd areo!-a crAecosd N corareorion wllh tMb kran eased fire PertnilNd NnrRs, titan: (a) any such k»u- charge shah be reduced bI- the aRraxM necessary to reduce 0-e charge m the pamtkMd Imk; and p) any sums ak+sady oolMobd Aatt na which errwaded perrnMtad Amite wIN be riAatdad to rrw. The Noes Holder may choose b make eha refund by aduoing the Princes i ovro ur-rNr this Nets or bgi making a direct payment m me, k a refund reduces P4incipal, the reduolion wig be itea0ed as a parttai Prepaymarrt. a BORRONVEfl'R t~AIWRi: TO PAY AS R60UIRF.D K die NoN Flo r ~ not ncpwd amount of any monthly payment by the end of 1S e~r~dar day. sitar Ole daN k M due, I wi'pary • late charge to the NoN Holder. The eunourtt d the charge veil be ! . WrOt at my ovordw payment d prindpal and InNrast I wi pay this late charge promptly but ony once on each isle paymor>t. (B) Mfault if I do not Pay tie tuM amount d each nronihy payment on tM dsAS t b duo, I rv111 be in dehru0. (ty Noroe a1 DNartt K 1 am in defauk, she NoN Holder may send me a written notbe tetl~p me that i# l do not pay the overdue amoultt by a attain dose, tfre Nob Holder may regWn me b pay NntnediNely fM, tuU anrormt d Prindpal vrMk7r hat -at been paid and aN the heerest that 1 owe on tl+al amaur-t That date mutt be at feast 30 days aMr the daN an which live notice Is mapvd eo me ar deNiwnd by orrer mearx. (Dj iJo Watwe oy NaN Molder Even il, at a 1Brre when 1 errs h da/w0, the Nob Helder doe eat regrire ma to pay immeditealy in fir1 as desoribad above, the Note Holder wive stN1 Maw tl-e right eo do eo if I am n dam at a foist time. / t~itiale. ~^~ iNiLTIRATE PDtED RATE N07E~in¢ /amiy~and~ NWhMdle tau WiIIOIIN McTtglMlNT Ponaaaat fist m brgsDDS onin~Qo~aaMnla Inc Pepe 1 of 2 FyxoaNOT prpi • r V .~~ VM i ~ T,O1tM / t Iq PsytMal of Nob Holder's Coda and Eaperws ttM NoleHolder hes regtdred me to pay Inanedia6dy in tirp a. described abo», the hbb tiolda w8 have tM right eo be paid bads by tree tlir d at Its Barb end a~enees tfi enbrcinp this Nate'to the esterrt not prohbtted by aPPb+~ law. Thore e~rnea Include, for example, reasonsble atlomeye' fees. r. amNa ~ NorrlcEs Unless app~rle lawr+iq~ns a ddlMant aredloA, any naltce that mustM BMrt b m• urderttds Now wil6e {ttvan by deivattrq k a by maenp k by fret class maB to n-e at the Property Address above u at a difisrent addrra R i give Mie Now Helder a nOMDe d my dMerMlt address. Any node. that nwst be plwn w ttra Nave tiolcN- underthis Nate wMl be ptwn by 8 k a by npJikrp k by tkst cbse ani to ttp Nole Hoklsr at the addna staled In t3ecdon 9(ly above or at a dMlrrent Address d 1 am ~Yerr a notla d Brat difarvnt address. ti. t)BLKlIAT10N8 t)F P@180lM UlNER ?1118 NOTE K mac than one stytls this Now, each person is tiny and parsotraAy to tarp aM at the promiss: made>n tics Now, in~the pronriee w payllleArM arrlourrtowed. Any person ~Muarartttr. sunttr or endorar otMAs Now k also obN8a1W to rib the» . Any paean who takes over Il+eee ob~atlom, >11e obdprttlats ota puarattler, wryly ar endorser a 11rh Nab, b aiw abNpawd b loeap aN dM1a pronrisa made In fhb Nob. Tiu NoN Holder may eMaroe ib rgitls under ilrk Nob apAbateACh person atdlyawry or epaina d d us topeMter. Thb manna that any orw d us may bs; required m pay aM d the Anwunb owed undo this Nola. v. vralvelfs 1 and any other parson who has oblBlNohs under this Nowwafve the rl~ls of Resentment and NoMoe d t7istlonor. "Praentmerlt" moans M+e rlyht w nquira the Nob Holder tD dernatd payment at amaunw rive. 'Ndke d pMhortor" means the right to requha the Note Holder w qNo nodce w other persons that amounts rive haw not been paid. to uN~onM s®cunf:o ~ Phis Now b a unlforrn tltslnlment wRh Amlwd varladorlr in soma jurisdkBions. In addiYon to the probodorn given b the No0- Floldsr under Mib Note, A . Oeed Ot Trust, or Seaally peed (1h• "9elnrrNy ks>dlarlent~, dated the same dale as Mtfs Note, proMcb the N~ 1Fom passuMe bare which might result # i do not keep the promissr which I nWaitthis Note. TtgdBerarrlty blebtatlentdeetxiba howand underwhatoorrdrdon:I maybe required to make imm.dWa payment In !uN d aY amollrtb I owe under tltb Note. Bane d>iwn oondtUorrs an described as follows: M aN or any pert of the a~I Interest 6t tM f+tq~orty is sold or trenetsrnd (or N ewrorver b riot a natural person and a bN1 ihMrtt~r M said ortrarrelsrndj wMhout lender's priorwritbn ooneer><, Lander nayr regrie lrranedsde payrnerlt to WN d aN wms seamed by thls Seowtty Inarument Ho+revar, ~Ir option shaft not be en.ndeed by Larrdar k suds exerciso b prchibked Ay Appbcable Law. k lender aaercNa'Mris option, Lander shall give Barrnvrer notice d aeoeisratiai. The notke slrall provid6 a period d not fns Man ~ days irom the dew the r1o11oe k even in aoaordanoo wkh Seetlorr 1 s wily which Borrawermuetpayad aarre eeauad bythis t3earriti-InsQiarw-L if 8orrewertaUs to payttrea sumo priarlowe expkatlan dthis perkrd, L+srrder may ilvoke any romsdia ponnitwd by this Sawrky hrsbument wkhout turttwr notlca err dsmar~d on Borrower. WRNES& THE HANDS} ANp 3EAl.~S} Tt~ UNOEA3IGNED. w -' `' ~ (Beal) cRUC+ x NOTE HATE: 9nsnoo~ PAYT'0 THE t pp W~,LS FAR vriTHt~urt~o ~ ~ ~ ~•~ _I~ ~ N E ,i WITHOUT RECOURSE PAY TO THE ORDER OF: Fraakiin Amcricw Mortgage Company ITS ASSIGNS AND /OR SUCCESSORS HOWARD HANNA MORT GE SERVICES I3Y: KfiVIN I. LAIItD, VICE-PRESIDENT PAY TO THE t]A~~a 9F YVelle Fargo Bank. NA. t3y ~~~sr~.. Deanna neMri:, Moe Preaktlml t~1 ~+~ o~yl MULTMTATE ReRO MT! IIDTE-0Inrb Fam9p.hnnls M~~IFwddls Itss UTAlbItY atsiniarelrr !'ens ssso 1101 • 1e-irOD4 oMM uooumwse, rno. gape Z of Z rm¢ooNoT aa1 Exhibit "B" LEGAL DESCRIPTION ALL THAT CERTAIN LOT or piece of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Noel B. Smith, Registered Surveyor dated April 17, 1973, as follows: BEGINNING at a point, marked by a nail in the center of Township Road No. 524 at a corner of land now or formerly of Chester Sowers; thence along the center line of said Road, South 03 degrees West 150 feet to a nail at the corner of land now or formerly of Larry Crum; thence along said land now or formerly of Crum, North 56 degrees 30 minutes West 200 feet to a stake in line of land now or formerly of Melvin Geisinger; thence along said land, North 03 degrees East 150 feet to a stake in line of aforesaid land now or formerly of Chester Sowers; thence along said land South 56 degrees 30 minutes East 200 feet to the point and place of BEGINNING. UNDER AND SUBJECT to all conditions, easements, restrictions, reservations and rights of way of record. PROPERTY ADDRESS: 1148 MYERSTOWN ROAD, GARDNERS, PA 17324-9040 PARCEL # OS-40-2650-014. File #: 305442 VERIFICATION Denise Goldston, hereby states that he, s~h is Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff in this matter, that he/ h~ 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 his 1~`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. ,, cY.~ Name: Denise Goldston Title: Vice President Loan Documentation Company: Wells Fargo Bank, N.A. Date: 02/13/2013 086-PA-V2 File #305442 FORM 1 WELLS FARGO BANK, N.A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. SALLY J. NORRELL-SMITH, in her capacity as Administratrix and Heir of the Estate of CRAIG M. SMITH MARSHALL J. SMITH, in his capacity as Heir of the Estate of CRAIG M. SMITH MILES J. SMITH, in his capacity as Heir of the . Estate of CRAIG M. SMITH UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CRAIG M. SMITH, DECEASED Defendant(s) 1 ~' ~ Civil c°:w `._, vd'; i ~ - '..Y ~ c~ _~ w~_ -... ".~ ~ ~, ~ ;,~ -- :r. , 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 acourt-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, 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 no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared. on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and 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 out 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 requested fmancial information so that a loan resolution proposal can be prepared 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 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 out reasonable arguments 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. Date Respectfully s All' n F. Zu rman, Esq., Id. No.309519 A orney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas 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 counseling agency. Please provide the following information to the best of your knowledge: Borrower name(s): Properly Address: City: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Address (if different): City: Phone Numbers: Home: Cell: State: Zip; Yes ^ No ^ Listing date: Price: $ Realtor Phone: Yes ^ No ^ Home: Cell: Office: Other: Emai 1: # of people in household: How long? Mailing Address: City: Phone Numbers: Email: # of people in household: First Mortgage Lender: Type of Loan: State: Zip: Zip: How long? Loan Number: Second Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: State Office: Other: 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: Year: Amount owed: Value: Automobile #2: Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross, 2. Monthly Gross. 3. Monthly Gross. Additional Income Description (not wages): I . monthly amount: 2. monthly amount: Monthly Net Monthly Net Monthly Net Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (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 fuel/re airs Other ro a ment Install. Loan Pa ment Cable TV Child Su ort/Alim. S endin Mone Da /Child Care/Tuft. 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 known, regarding your lender and 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. UWe understand that Uwe am/are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 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) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F1 L ED}`0 F F!CC', Sheriff rl': T H E PPCTH`N0 1A ,r., Jody s Smith0 i 3 MAC 2 I P�fi 42: 3 Chief Deputy Richard W Stewart Solicitor OP Z OFTr-ESHERIF: CUMBERLAND GOUN f Y PENNSYLVANIA Wells Fargo Bank, N.A. Case Number vs. Sally Norrell-Smith let al.) 2013-1113 SHERIFF'S RETURN OF SERVICE 0311412013 10:42 AM-Deputy Stephen Bender, being duly sworn according to law, attempted service to the Defendant, to wit: Sally Norrell-Smith at 1148 Myerstown Road, Dickinson Twp., Gardners, PA 17324-9040. The address was found to be vacant. 03/14/2013 10:42 AM- Deputy Stephen Bender, being duly sworn according to law, attempted service to the Defendant, to wit: Marshall Smith at 1148 Myerstown Road, Dickinson Twp., Gardners, PA 17324.The address was found to be vacant. 03/14/2013 10:42 AM-Deputy Stephen Bender, being duly sworn according to law,attempted service to the Defendant,to wit: Miles Smith at 1148 Myerstown Road, Dickinson Twp., Gardners, PA 17324-9040.The address was found to be vacant. 03/14/2013 01:26 PM-Deputy Stephen Bender, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by"personally"handing a true copy to a person representing themselves to be the Defendant,to wit: Sally Norrell-Smith at 1141 Longs Gap Road, Carlisle, Pennsylvania, 17015. STEPHEN BENDER, DEPUTY 03/14/2013 01:26 PM-Deputy Stephen Bender, 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 Sally Smith, Mother of defendant,who accepted as"Adult Person in Charge"for Miles Smith at 1141 Longs Gap Road, Carlisle, Pennsylvania 17015. TEPH BENDER, DEPUTY 03/14/2013 01:26 PM-Deputy Stephen Bender, 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 Sally Smith, Mother of defendant,who accepted as"Adult Person in Charge"for Marshall Smith at 1141 Longs Gap Road, Carlisle, Pennsylvania 17015. STEPH N BENDER, DEPUTY SHERIFF COST: $83.00 SO ANSWERS, March 15, 2013 RON R ANDERSON, SHERIFF t,'!Cou^tyy uile Shenff,'Te',eeose`± i ,. — I e 7te I l,r r- f 1 r Fish �'_l1+�f:,—...t✓ f L7# -1 ';` l�ltlltj6 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS CIVIL DIVISION v. NO. 13-1113-CIVIL SALLY J.NORRELL-SMITH, IN HER CAPACITY AS ADMINSTRATRIX AND CUMBERLAND COUNTY HEIR OF THE ESTATE OF CRAIG M. SMITH ET AL. MOTION FOR THE APPOINTMENT OF GUARDIAN AD LITEM FOR MINOR DEFENDANT MARSHALL J. SMITH and MILES J. SMITH Plaintiff, WELLS FARGO BANK,N.A. by and through its counsel, Phelan Hallinan, LLP, respectfully requests that, pursuant to Pennsylvania Rule of Civil Procedure 2053,this Honorable Court enter an Order appointing a Guardian Ad Litem for MARSHALL J. SMITH and MILES J. SMITH in the above captioned action for the following reasons: 1. On September 28, 2006, CRAIG M. SMITH made, executed, and delivered a mortgage upon the premises at 1148 MYERSTOWN ROAD, GARDNERS, PA 17324-9040. 2. The loan is in default as payments due April 1, 2012 and each month thereafter are due and unpaid. 3. Real Owner CRAIG M. SMITH died on May 21, 2012, and SALLY J. NORRELL-SMITH was appointed Administratrix of his estate. Letters of Administration were granted to her on June 4, 2012 by the Register of Wills of CUMBERLAND County, No. 21-12- 799204 0621. Decedent's surviving heir(s) at law and next-of-kin are SALLY J. NORRELL-SMITH, MARSHALL J. SMITH and MILES J. SMITH. A copy of the estate documents, which have been redacted to remove personal identifying information, are attached hereto, made part hereof, and marked as Exhibit "A". 4. Plaintiff performed a Good Faith Investigation in an attempt to identify and locate the heirs of CRAIG M. SMITH. Plaintiff's Investigation located an Obituary for CRAIG M. SMITH. The Obituary states the deceased borrower is survived by his wife and two children, SALLY J. NORRELL-SMITH, MARSHALL J. SMITH and MILES J. SMITH Heirs of CRAIG M. SMITH, Deceased. Attached hereto, marked as Exhibit "B" is a true and correct copy of Plaintiffs Affidavit of Good Faith Investigation. 5. By letter dated August 27, 2012, Plaintiff contacted SALLY J. NORRELL- SMITH, MARSHALL J. SMITH and MILES J. SMITH to inform them of the foreclosure action. Plaintiff attached with its letter a Waiver by Heir of Right to be Named as a Defendant. Plaintiff also requested information regarding the heirs of CRAIG M. SMITH. Attached hereto, marked as Exhibit "C" is a true and correct copy of Plaintiffs letter. 6. On February 28, 2013, Plaintiff filed an Action in Mortgage Foreclosure. Attached hereto, marked as Exhibit "D" is a true and correct copy of the Complaint in Mortgage Foreclosure. 7. Upon information and belief, MARSHALL J. SMITH and MILES J. SMITH, Heirs of CRAIG M. SMITH, are minors and there parent and natural guardian is SALLY J. NORRELL-SMITH. 8. By letter dated October 2, 2013, Plaintiff contacted SALLY J. NORRELL-SMITH to request that she consent to guardianship to expedite the resolution of the foreclosure action 799204 because she is the parent and natural guardian of MARSHALL J. SMITH and MILES J. SMITH. To date, Plaintiff has not received a response to said letter. A true and correct copy of Plaintiff's letter is attached hereto, marked as Exhibit"E." 9. Plaintiff, a foreclosing mortgagee, is required under Pennsylvania law to move for the appointment of a Guardian M Litem for MARSHALL J. SMITH and MILES J. SMITH before entering its In Rem judgment. 10. As Plaintiff has ascertained that MARSHALL J. SMITH and MILES J. SMITH are minors, in accordance with Pa.R.C.P. 2031 (b) (4), Plaintiff has filed this within Motion to request this Honorable Court appoint a guardian for them. 11. As SALLY J. NORRELL-SMITH, is believed to be the parent and natural guardian of MARSHALL J. SMITH and MILES J. SMITH and because Plaintiff does not know of a more appropriate nominee, it is requested that he be appointed Guardian M Litem in this action. WHEREFORE, it is respectfully requested that this Honorable Court appoint SALLY J. NORREL-SMITH or appropriate counsel, as Guardian Ad Litem for MARSHALL J. SMITH and MILES J. SMITH in this action. PHELAN HALLINAN, LLP Dated: � 1� By: Jon an Lobb, Esq. Id. No. 312174 Attorneys for Plaintiff 799204 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS CIVIL DIVISION v. NO. 13-1113-CIVIL SALLY J.NORRELL-SMITH, IN HER CAPACITY AS ADMINSTRATRIX AND CUMBERLAND COUNTY HEIR OF THE ESTATE OF CRAIG M. SMITH ET AL. PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION FOR APPOINTMENT OF GUARDIAN AD LITEM FOR MINOR DEFENDANT MARSHALL J. SMITH and MILES J. SMITH Pa.R.C.P. 1144 (a) (b) requires that the Plaintiff name as Defendants in an action of Mortgage Foreclosure the real owners of the property. The record owner of the subject property is CRAIG M. SMITH. Real Owner CRAIG M. SMITH died on May 21, 2012, and SALLY J. NORRELL-SMITH was appointed Administratrix of his estate. Letters of Administration were granted to her on June 4, 2012 by the Register of Wills of CUMBERLAND County, No. 21-12- 0621. Decedent's surviving heir(s) at law and next-of-kin are SALLY J. NORRELL-SMITH, MARSHALL J. SMITH and MILES J. SMITH. Because MARSHALL J. SMITH and MILES J. SMITH are minors, the Court is required to appoint a guardian for them upon petition. See Pa.R.C.P. 2031 (b) and 2027. To ensure the interests of the said Minor Heirs will be properly represented, a guardian Ad Litem must be appointed to represent her in the mortgage foreclosure action. Pursuant to this 799204 requirement, SALLY J. NORRELL-SMITH is believed to be the parent and natural guardian of MARSHALL J. SMITH and MILES J. SMITH, and because Plaintiff does not know of a more appropriate nominee, it is requested that she be appointed Guardian Ad Litem in this action. In the alternative, Plaintiff defers to the Court's Judgment as to who should be appointed Guardian Ad Litem for said Minor Heir. WHEREFORE, it is respectfully requested that this Honorable Court appoint SALLY J. NORREL-SMITH or appropriate counsel, as Guardian M Litem for MARSHALL J. SMITH and MILES J. SMITH in this action. PHELAN HALLINAN, LLP Dated: l i ' By: Jo han Lobb, Esq. Id. No. 312174 Attorneys for Plaintiff 799204 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS CIVIL DIVISION v. NO. 13-1113-CIVIL SALLY J.NORRELL-SMITH, IN HER CAPACITY AS ADMINSTRATRIX AND CUMBERLAND COUNTY HEIR OF THE ESTATE OF CRAIG M. SMITH ET AL. CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Motion for the Appointment of a Guardian M Litem for MARSHALL J. SMITH and MILES J. SMITH and Brief in Support thereof, was sent via first class mail to the following on the date listed below: Sally J. Norrell-Smith 1141 Longs Gap Road Carlisle, PA 17015 PHELAN HALLINAN, LLP Dated: ( ( I 113 By: Jo an Lobb, Esq. Id. No. 312174 Attorneys for Plaintiff 799204 Exhibit "A" ROW460D Cumberland County - Register Of Wills Estate Inquiry File No 21 2012-00621 PA File No 21-2012-0621 Decedent SMITH CRAIG M Page 1 of FIRST ENTRY 6/04/12 PETITION FOR GRANT OF LETTERS OF ADMINISTRATION DEATH CERTIFICATE OATH OF PERSONAL REPRESENTATIVE WSz 6/04/12 DECREE OF PROBATE & GRANT OF LETTERS ADMINISTRATION WSZ LAST ENTRY F2=Done F12=Cancel F17=Top 718=Bottom IRoast I PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY,PENNSYLVANIA Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in support thereof aver(s)the following and respectfully request(s)the grant of Letters in the appropriate form: Decedent's Inform don Name: CRAIG M.SMITH File No: of! - I - O Cf a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No111 Date of Death: May 21,2012 Age at death:,33 Decedent was domiciled at death in Cumberland County, PennWlvapia (State)with his/her last principal residence at 1148 Myerstown Road,Gardners.Pennsylvania,Dickinson Townshin.Cumberland County Street address,Pest Office and Zip Code City,Tower er g * Canny Decedent died at 1148 MvefstowR jtoad.Gardners.Pennsylvania,Dickinson Township.Cumberland County Street address,Pest Office aid Zip Code City,Towaeiip or Bereagb Comity Sate Estimate of value of decedent's property at death: (fdoesiltiksf Poussybviala• AU personal property S 100.00 Use(domicied is Poussylvenia. Personal property in Pennsylvania S row 4o 6t Pawwsideastld. Personal property in County $ V.4ev of ten mats be Pemasylwsia. $ 4 fl0 TOTAL ESTIMATED VALUE.... $ 100.00 Real estate in Pennsylvania situated at 1 148 Myerstown Road,Gardners,Dickinson Township,Cumberland County (iluach addtaomal Awn,(f ratanary) Snow eddnn,Poet Moe cad Zip Code City,Township or$emotes County ❑ A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)avers)he/she/they is/are the Executor(s)named in the last Will of the Decodea3,dated f` aka thereto dated _ Bats relevant dreoaYtaaea(e.g.redaoloeteo,facia ejeseasarr,so.) io'�` i F.4• Except w follows:after the execution ofthe instrument(s)offered for probate Decedent did not ;' p ' pro many,was •; a divots*proceeding wherein the grounds for divorce had been established is defined in 23 Pa.C.S.f 3323(g),and biveagjd adopted;and Decedent was neither the victim of a killing nor over adjudicated an incapacitated person. wen 0 NO EXCEPTIONS 0 EXCEPTIONS 0 B. Petition for Grant of Letters of Administration (lf applicable) � UI e.t.a,d.b.a.,db.n.c.r.a.,pendente tile,donate absentia,deronteeiraoritair If Administration,c.ta.or d.b.n.ata.,enter date of Will in Section A above and costmalete list of heirs. Except as follows: Decedent was not a party to a pending divorce proceeding wherein the pounds for divorce had been established as defined in 23 Pa.C.S.f 3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. ISiNo EXCEPTIONS 0 EXCEPTIONS Petitioner(s),alter a proper search hes/have ucc tainted that Decedent loft no Will and was survived by the following spouse(ifany)and heirs(attack additional sheets,jfnecessary): Name Relationship Address Sally J.Norrell-Smith Wife 285 Plaza Drive,Boiling Springs,PA 17007 Marshall J.Smith Son 285 Plaza Drive,Boiling Springs,PA 17007 Miles J.Smith Son 285 Plaza Drive,Boiling Springs,PA 17007 Form RW-02 rev.10/11/2011 Page 1 of 2 Oath of Personal Representative Melt Use Only COMMONWEALTH OF PENNSYLVANIA } �r�,�p� +1 OF I1LppCEOGRND�F COUNTY OF CUMBERLAND } told of A it 4�i Petitioner(*)Printed Name Petitloner4s)Printed Address Sally J.Norrell-smith 285 Plaza Drive,Boiling Strings,PA 17007 ' are ta r 0 . The Petitioners)above-named swears)or affirm(*)the statements in the foregoing Petition are tree and correct to the best of the knowledge and belief of Petiticnet(s)and that,as Personal Representative(s)of the Decedent,the Petitioners)will well and truly administer the estate to Sworn to or affirmed :,d subscribed before -76 `lm,(i fit•ty, Date me this 4-" da t 614/ G' Q- !I Due By: 4 ', ,�_ '/, , Date BOND Required:0 YES �O To the Register of*: Wit FEES: Please a my �i arum by my ,.id tare below:Aik Letters S JO•ua Attom ipm mi, ( 10)Short Certificates) --T ( )Renunciation(s). ( )Codicil(s). ( )Affidavits) Bond. Printed Name: Paul B.Orr Commission _ Supreme Court Other ID Number: 71786 Firm Name: Law Offices of Paul Bradford Orr Address: 50 Peat High Stmt Cartiate,PA 17(113 Phone: 717-258-8558 Automation Fee. 5 ..}� Fax: 717-258-328 JCS �5 5 ri.�iaL Email: TOTAL AL S DECREE OF THE REGISTER Estate of CRAI r M.SMITH File No: p2/— 1e2 -.04;0 a/k/a: AND NOW, (AAA_ , '01 ,in considerati.. of the foreg.'.: P-.lion, satisfactory proof ha • been presented before me,IT IS DECREE that I etters ot. : at II- t; • i,e'oi are hereby granted to Z>�k 1 N o r're-4(,-„_B m i..µl in the above estate and(if applicable)that the instrument(s)dated described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of D _.� .1, l • • / 1 1. # ..//, �De7dent. 'egister of Willa;„ f " • Form R W-02 rev.1aunorl Page 2 of 2 Exhibit "B" AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 305442 Attorney Firm: Phelan,Hallinan&Schmieg,LLP Subject: Craig M.Smith Property Address: 1148 Myerstown Road,Gardens,PA 17324 I.CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Craig M.Smith-xxx-xx-4132 B. EMPLOYMENT SEARCH Craig M.Smith-A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Craig M.Smith reside(s)at:1148 Myerstown Road,Gardens,PA 17324. IL INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases,which indicated that Craig M.Smith reside(s)at:1148 Myerstown Road,Gardners,PA 17324.On 08-07-1.2 our office made a telephone call to the subject's phone number(717)486-3475 and received the following information:not in service. B. On 08-07-12 our office made a telephone call to a possible phone number of the subject(s)(717)713-0422 and received the following information:not in service.Our office was unable to locate any heir for Craig M.Smith. III.OBITUARY SEARCH A. Attempted to find obituary via http://oa.newsbank.com/ B. Found obituary published May 23,2012 in the Sentinel,The(Carlisle,PA).See attached. IV.INQUIRY OF HEIRS AND NEIGHBORS On 08-07-12 our office was unable to locate any information for Peyton Kitner,relative of Craig M. Smith. On 08-07-12 our office attempted to contact Sally Jo Norrell,relative of Craig M.Smith at:633 North West Street,Carlisle,PA 17013,but was unable to get any phone number for her. On 08-07-12 our office attempted to contact Marshall).Smith,relative of Craig M.Smith at:285 Plaza. Drive,Boiling Springs,PA 17007,but was unable to get any phone number for him. On 08-07-12 our office attempted to contact Miles J.Smith,relative of Craig M.Smith at:285 Plaza Drive, Boiling Springs,PA 17007,but was unable to get any phone number for him. On 08-07-12 our office attempted to contact Clint Kirsten Smith,relative of Craig M.Smith at:P.O.Box 7809,Fort Lauderdale,FI..33329,but was unable to get any phone number for him. On 08-07-12 our office attempted to contact Charles Kirk Smith,relative of Craig M.Smith at:1562 Newville Road,Carlisle,PA 17015,but was unable to get any phone number for him. On 08-07-12 our office attempted to contact Corey L.Norrell,potential relative of Craig M.Smith at:3 Ridge Avenue,Carlisle,PA 17013,but was unable to get any phone number for her. On 08-07-12 our office attempted to contact Charmaine K.Smith,potential relative of Craig M.Smith at: 1562 Newville Road,Carlisle,PA 17015,but was unable to get any phone number for her. On 08-07-12 our office made several phone calls in an attempt to contact Charmaine Kirk Smith,relative of Craig M.Smith at(717)422-5369,355 Hickory Road,Carlisle,PA 17015:answering machine. On 08-07-12 our office made a phone call in an attempt to contact Kathy M.Kiner,potential relative of Craig M.Smith at(717)258-0736,255 Peach Glen Road T-540,Gardners,PA 17324:spoke with an unidentified male who could not confirm any heir information for the Craig M.Smith. On 08-07-12 our office made several phone calls in an attempt to contact Tawnya Lee Bucher,potential relative of Craig M.Smith at(717)249-6701,1562 Newville Road,Carlisle,PA 17015:answering machine. On 08-07-12 our office made several phone calls in an attempt to contact Donald E.Neff,neighbor of the subject at(717)486-5209,1147 Myerstown Road,Gardners,PA 17324:answering machine. On 08-07-12 our office made a phone call in an attempt to contact Rebekah Miller,neighbor of the subject at(717)486-7419,1149 Myerstown Road,Gardners,PA 17324:not in service. On 08-07-12 our office made several phone calls in an attempt to contact Marjorie S.Cline,neighbor of the subject at(717)486-4357,1145 Myerstown Road,Gardners,PA 17324:answering machine.Our office was unable to locate any heir for Craig M.Smith. V.ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 08-07-12 we reviewed the National Address database and found the following information:Craig M. Smith-1148 Myerstown Road,Gardners,PA 17324. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors,the following is a possible mailing address:no addresses on file. VI.OTHER INQUIRIES A. DEATI I RECORDS As of 08-07-12 Vital Records and all public databases have a death record on file for Craig M.Smith. VII.ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Craig M.Smith-1982 B. DATE OF DEATH Craig M.Smith-05-21-2012 *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 penalties of 18 Pa C.S.Sec. 4904 relating to unworn falsification to authorities. ( :� I .,.......) „ ,, The above information is obtained from available public records and we are only liable for the cost of the affidavit. ObitsArchive.com: Document Display Page 1 of 1 ObitsArchive.com Sentinel,The(Carlisle,PA)-May 23, 2012 Deceased Name: Craig M. Smith Craig M. Smith, 29, of Gardners and formerly of Loysville passed away on Monday,May 21, 2012,at home. Craig was born July 24, 1982, at Camp Hill to C. Kirk Smith and Charmaine(Kline)Smith,both of Carlisle. He was preceded in death by a brother, C.Landon Smith and his paternal grandparents, Charles D. and Esther L. (Milligan)Smith. He was an employee at Carlisle Container Company,Carlisle. Surviving in addition to his parents are his wife, Sally J. Norrell-Smith;two sons, Marshall Smith and Miles "Jake" Smith; a step-daughter, Peyton Kitner, all at home; a brother, Clint K. Smith, Carlisle; and many other relatives. A funeral service will be held at 10:30 a.m.Friday,May 25,2012,in the St. Paul's Lutheran Church, 5593 Shermans Valley Road,Loysville, with the Rev. Robert Yankovitz officiating. Viewing will be from 9:30 a.m. to 10:30 a.m.Friday in the church. Burial will be in the Evergreen Cemetery, Duncannon. Memorial contributions may be made to the Nickel Funeral Home,P.O. Box 910, Loysville,PA 17047 to assist with funeral expenses. Sentinel,The(Carlisle,PA) Date: May 23, 2012 Record Number: da2af79aacab296b83e711735e53584aeafff 15 Copyright©2012 The Sentinel -cumberlink.com,457 E North Street Carlisle,PA, All rights reserved. http://www.obitsarchive.com/oa-search/we/Archives?p_action=print&p_docid=l3EFA 878E... 8/8/2012 Exhibit "C" PHELAN IIALLINAN &SCFIMIEG,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)320-0007 Fax:215-563-3352 August 27, 2012 1 SALLY J.NORRELL-SMITH, Administratrix and Heir of the Estate of CRAIG M. SMITH 285 PLAZA DR BOILING SPRINGS, PA 17007-9433 MARSHALL J. SMITH,Heir of the Estate of CRAIG M. SMITH 285 PLAZA DR BOILING SPRINGS, PA 17007-9433 MILES J. SMITH,Heir of the Estate of CRAIG M. SMITH 285 PLAZA DR BOILING SPRINGS, PA 17007-9433 RE: CRAIG M. SMITH; 1148 MYERSTOWN ROAD, GARDNERS,PA 17324-9040; WELLS FARGO BANK,N.A.; PHS#305442 Dear Sir/Madam(s): Kindly be advised that the Law Offices of Phelan Hallinan & Schmieg, LLP represent WELLS FARGO BANK, N.A., the holder of the mortgage against the above-referenced mortgaged premises. Our office has been retained to bring a foreclosure action. Our office has been informed of CRAIG M. SMITH's unfortunate death. We are sorry for your loss. As a possible heir of CRAIG M. SMITH, you may have a vested ownership interest in the mortgaged premises upon his death under 20 Pa.C.S.A. §301(b). As such, Pennsylvania law requires that you be included as a defendant solely in your capacity as heir in order to complete the foreclosure. Please be advised that you are not personally liable for the debt, as you did not execute the mortgage or note. This letter serves to afford you an opportunity to waive your right to be named as a defendant in the foreclosure action. Please find attached a Waiver which I would appreciate your executing and returning to the undersigned within fourteen (14) days of the date of this correspondence. *This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. If the Waiver is timely returned it will not be necessary to name you as a defendant in the foreclosure action. However, if the Waiver is not timely returned and it is believed that you are an heir of the decedent, then our office may have no choice but to name you as a defendant in the action in order to divest any ownership interest you may have in the property. It is our understanding that Marshall J. Smith and Miles J. Smith are minors. As such, it will be necessary for their parent or legal guardian to execute the Waiver on their behalf Please provide legal documents stating that you are the legal guardian if sign as a legal guardian to the minor. It will however,be necessary to name SALLY J. NORRELL-SMITH as a defendant in the foreclosure action in her capacity as Administratrix of the Estate as required by the Pennsylvania Rules of Civil Procedure. Again, please be advised SALLY J. NOR.RELL-SMITH is not personally liable for the debt, as she did not execute the mortgage or note. Our Office also requests that you please provide us with any additional heir information for CRAIG M. SMITH, Deceased. Thank you for your cooperation in this regard. Please note that this waiver does not preclude you from attempting to sell the subject premises and recovering any possible equity in the mortgaged premises prior to the completion of the foreclosure action. We would encourage you to contact your own attorney in regard to this matter. If you would like to request a payoff or reinstatement figure, please call(215) 563- 7000, and ask for the Foreclosure Resolution Department. If you have any other questions regarding this letter, please contact a representative of our firm's Decedent Department at (215) 320-0007. Sincerely, Al l' im '."tiC clIs "s ,""til. No.309519 Attorney for Plaintiff * This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, MARSHALL J. SMITH, Heir of the Estate of CRAIG M. SMITH, hereby acknowledge that I may have an ownership interest in the property located at 1148 MYERSTOWN ROAD, GARDNERS, PA 17324-9040, in accordance with Section 301(b)of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. 1141 et seq., which may be instituted by WELLS FARGO BANK, N.A., involving said property, which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale of the mortgage premises. Date: .-----_.... BY __.... (print name) (sign name) Parent and/or Legal Guardian of Marshall J. Smith, Minor Heir of the Estate of Craig M. Smith WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT.IN FORECLOSURE ACTION 1, MILES J. SMITH, Heir of the Estate of CRAIG M. SMITH, hereby acknowledge that I may have an ownership interest in the property located at 1148 MYERSTOWN ROAD, GARDNERS, PA 17324-9040, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R..C.P. 1141 et seq.,which may be instituted by WELLS FARGO BANK, N.A., involving said property, which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. 1 do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale of the mortgage premises. Date: By (print name) (sign name) Parent and/or Legal Guardian of Miles J. Smith, Minor Heir of the Estate of Craig M. Smith Exhibit "D" .3ul..ra cum k..t,ui t in I VIIIISyivauia Court of Common Pleas „, For Prothonotary Use Only: Civil Cover Siteet CUMBERLAND _. County Docket No: P v The information collected on this form is used solely for court administration purposes. This firm does not !l of g� other papers as required by law or rules of court. �r��lertrr��nt or replace�tc�c lhc,filirt� and service rr pleadings•:a•or of S I Commencement of Action: (]Complaint ❑ Writ of Summons ❑Petition E ❑Transfer from Another Jurisdiction ❑Declaration of Taking C Lead Plaintiffs Name: WELLS FARGO BANK,N.A. Lead Defendant's Name: SALLY J.NORRELL-SMITH T I Dollar Amount Requested: ❑ within arbitration limits Are money damages requested? LI Yes 12 No O (Check one) © outside arbitration limits N Is this a Class Action Suit? ❑-Yes © No Is this an MDJ Appeal? ❑Yes 12 No A Name of Plaintiff/Appellant's Attorney: Allison F.Zuckerman,Esq.,Id.Nb.309519,Phelan Hainan,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 O Buyer Plaintiff Administrative Agencies CI Malicious Prosecution ❑Debt Collection: Credit Card ❑Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other Ll 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 (' ❑Other: T MASS TORT ❑ Other: 0 ❑ Asbestos N ❑Tobacco ❑Toxic Tort:- DES _.____._ _._....._..__._._....__..._._ E:.1 Toxic Tort- Implant REAL PROPERTY MISCELI,AN:EOUS ❑Toxic Waste I....] Ejectment ❑ Common Law/Statutory Arbitration $ C::::1 Other: ❑ Eminent 1)omain/Condemnation 1..:1 Declaratory Judgment ❑Ground Rent ❑ Mandamus ❑Landlord/Tenant Dispute Ci Non-Domestic Relations ®Mortgage Foreclosure:Residential Restraining Order ......" ." ... ❑Mortgage Foreclosure: Commercial Li Quo Warrant. PROFESSIONAL LIABILITY ❑Partition ❑Replevin ❑ Dental ❑Quiet Title ❑ Other: LJ Legal C:::1 Medical ❑ Other: ::'::l Other Professional: Pa, .L.P. 205.5 ....1 Glydtttet!O1!tl.l,%2f111 FORM X • IN THE COURT OF COMMON PLEAS WELLS FARGO BANK,NA, OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff(s) vs. SALLY J. in he capacity as Administratrix and Heir of the Estate of CRAIG M. : SMITH MARSHALL J. SMITH, in his capacity as Heir of the Estate of CRAIG M. SMFFH MILES J.SMITH, in his capacity as Heir of the Estate of CRAIG M. SMITH UNKNOWN HEIRS,SUCCESSORS, ASSIGNS, AND ALL PERSONS,FIRMS,OR ASSOCIATiONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER CRAIG M. SMITH,DECEASED , Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM ` ~~�~~~~^^` " ��~�~"RAM You have been serve4 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 a lawyer 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 mutr contact MidPenn Legal Services at(717)243-9400 extension 25iOo,(8D0)822'5288 extension 25|O and request appointment ofu legal representative utoo charge(oyou. Once you have been appoint d a legal representative,you must promptly meet with tha legal representative within twenty(20)days of the appointment date. During that meeting,you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf If you and your legal representative complete a financial worksheet in the format attached hereto,the legal representative will prepare and a Request for Conciliation Conference with the Court,which must be tiled with the Court within sixty(60)days of the service upon you olthe 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 out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds Korwnrd. 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 requested financial information so that a loan resolution proposal can hx prepared"n your behalf lf you and your lawyer complete ufioaooial worksheet iu the format attached hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court,which must be filed 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 out reasonable arguments 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. Respectfully submitted: Date ---- ------ -------- Allison F. Zuckerman, Isq, Id, Nh]O95l9 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas 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 counseling agency. Please provide the following information to the best of your knowledge: CUSTOMER/PRIMARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No❑ Listing date: • Price: $ Realtor Name: Realtor Phone:,_ Borrower Occupied? Yes❑ No E 1%Tatling Address.(if different): City: ._. State:_......_.. Zip:: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: Him long? CO-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes&Insurance: Date of Last Payment: Primary Reason for t)c autt: Is the loan in Bankruptcy? Yes ❑ No E 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:. __... Year: Amount owed: Value: Automobile#2: Model: Year: Amount owed: Value: Other transportation(automobiles, boats,motorcycles): Model: . Year: Amount owed: Value Monthly Income Name of Employers: 1 :.......................................Monthly Gross_......._..._...........__......................_..Monthly Net 2• Monthly Gross Monthly,Net . 3• Monthly Gross .Monthly Net Additional Income Description (not wages): 1 monthly amount: 2 monthly amount: Borrower Pay Days: Co Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT ' EXPENSE AMOUNT Mort)aoe : Food 2nd Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV l Child Sup rt/Alien ' Spending'honey Day/Child Care/Tuit. l 1 Other Expenses Amount Available for Monthly Mortgage Payments Based on Income&Expenses: Have you been working with a Housing Counseling Agency? Yes ! I No If yes,please provide the following information: Counseling Agency': Counselor: Phone(Office): Email: Have you made application for Homeowners Emergency Mortgage Assistance Program(HEMAP) assistance? Yes El 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 fl If yes,please indicate the status of those negotiations: Please provide the following information, if known,regarding your lender and 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 l/we am/are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 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 IIAVE 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 TIIAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATI ORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717)249-3166 (800)990-9108 rz-€11.7*,.■e*fetes..00.4[60.Ms PHELAN HALL if LIP ATTORNEY FOR PLAINTIFF Allison F. Zuckerman, Esq., Id, No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. 3476 STATE VIEW BOULEVARD CIVIL DIVISION FORT MILL, SC 29715 Plaintiff, NO.: vs. SALLY J. NORRELL-SMITH, IN HER CAPACITY AS ADMINSTRATRIX AND HEIR OF THE ESTATE OFCRAIG M. SMITII 285 PLAZA DRIVE BOILING SPRINGS, PA 17007-9433 MARSHALL J. SMITH, IN HIS CAPACITY AS HEIR OF THE ESTATE OF CRAIG M. SMITH 285 PLAZA DRIVE BOILING SPRINGS, PA 17007-9433 MILES J. SMITH, IN HIS CAPACITY AS HEIR OF THE ESTATE OF CRAIG M. SMITH 285 PLAZA DRIVE BOILING SPRINGS, PA 17007-9433 - - - _ UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CRAIG M. SMITH, DECEASED 1148 MYERSTOWN ROAD GARDNERS, PA 17324-9040 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 STATE VIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter"plaintiff."). 2. The Defendants, SALLY J. NORRELL-SMITH, MARSHALL J. SMITH and MILES J. SMITH, are individuals whose last known address are 285 PLAZA DR, BOILING SPRINGS, PA 17007-9433. 3, The Defendant, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TEFLE OR INTEREST FROM OR UNDER CRAIG M. SMITH, DECEASED, is an individual whose last known address is 1148 MYERSTOWN ROAD, GARDNERS, PA 17324-9040. 4. WELLS 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 5, On or about September 28, 2006, CRAIG M. SMITH made, executed and delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR HOWARD HANNA MORTGAGE SERVICES a Mortgage in the original principal amount of $104,000.00 on the premises described, in the legal description marked 062-PA-V3 Exhibit "B", attached hereto and made a part hereof Said Mortgage being recorded in the Office of the Recorder of CUMBERLAND County in Book 1967, Page 3450. 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 May 31, 2012, the mortgage was assigned to WELLS FARGO BANK, N.A. which Assignment is recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 201216238. 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. Mortgagor CRAIG M. SMITH died on May 21, 2012, and SALLY J. NORRELI.,- SMITH was appointed Administratrix of his estate. Letters of Administration were granted to her on June 4, 2012 by the Register of Wills of Cumberland County, No, 21-12-0621. Decedent's surviving heirs at law and next-of-kin are SALLY J. NORRELL-SMITH, MARSHALL J. SMITH and MILES J. SMITH. 8. 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 April 1, 2012, 062-Pik,-v3 9. As of February 11, 2013 the amount due and owing Plaintiff on the mortgage is as follows: Principal Balance $ 96,545.69 Interest 03/01/2012 Through 02/11/2013 $ 5,810.52 Late Charges $ 129.76 Property Inspections $ 105.00 Escrow Deficit $ 940,93 TOTAL $ 103,531.90 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 Plaintiffs 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). 11. The mortgage premises are vacant and abandoned. 12. Plaintiff does not hold the named Defendants, SALLY J. NORRELL-SMITH, MARSHALL J. SMITH or MILES J. SMITH, personally liable on this cause of action. This action is being brought to foreclose the interest of the said Defendants in the aforesaid real estate only, and the Defendants have been named in accordance with the requirements of Pa R.C.P. 1144(a)(2)and 20 Pa.C.S.A. § 301(b). 062-PA-v3 13. 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. WI IEREFORF„ Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of$ 103,531.90 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: e4 1/4/1j ALltw F.,,,htteikerny Esq., Id. No.309519 Attritcy for Plaintiff 062 4'A V3 Exhibit "A" - -I NOTE .SurImmumst 28, 2006 CAMP BILL, TLV,tIA (Datil [City) (state) 1148 nyer.atowa Road, Gardners, PA 17324 (Property Addteas) 1. BORROWER'S PROMISE TO PAY 7 In return for a loan that I have recslwd,l promise to pay U.S. 6104;000.00 b amount is called"Principal), plus interest,to the order of the Lander.The Lender Is Homan HA11RA MO SERVICES, A P$111STLVAIIA CORPOPUATIOe. I wilt make all payments under Ibis Note in the form of cash,chock or money order. I undorstandthat the Lender may transfer this Note.The Lender or anyone who takes this Note by transfer and who is entitled to recoltnrpayments under this Note Is caned the"Note Holder." 2. INTEREST • interest will be charged ojdinpeld principal until the full amount of Prinolpal has been paid.I will pay interest at a yearly rate pf 6.373%. The(htavast rate required bythie Section 21e the rate I will pay both before and after any default described In Section. 41(Et)of this Nola. 3. PAYMENTS (A)Time and Plate of Payments I wit pay principal and interest by making a payment every month. I wilt make my monthly payment on the ter day of each month beginning on rovenalta 1, 2008, Will make these payments every month unttil i larva geld of of ttte principal rind Interest arid any other charges deathbed billow that I may owe under this Note.Each monthly paym wit be applied as of Its scheduled due date and will be applied to Interest before Principat le on OCrO ax 1, 2036, I still owe amounts under lids Note,I will pay those amounts In full on that data,which is called the'Metwtty bate." i will make my monthly payments at 119 GRAM DaITR PIS1TODU8ti1, PA 1823$ or at a dlterent place If required by the Note Holder. (B)Amount of Monthly Payments My monthly payment will be In the amount of U.S. 1646.112. 4. BORROWER'S RIGHT TO PREPAY , I have the fight to make p ents of Principal at any time before they are due.A payment of Principal only is known as a`Prepayment."When(make ePrepayment,I will tathe Note Holder inwriting that f em doing so.I may n ot designate a payment as a Prepayment If I have not made an the monthly payments,due under the Note. I May maks a full Prepayment or partial Prepayments without paying a Prepayment charge.The Note Holder will use my Propaymants to reduce the amount of Principal that I owe under 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 I make a partial Prepayment,there wilt 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. 6. LOAN CHAHOES, If a law,which applies to this loan and which sets maximum ban charges,is amity interpreted so that the interest or other loan charges collected or to be collected In connection with this loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted tent arid(b)any sums already collected from me which exceeded permitted limits wit be refunded to me.The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me.if a refund reduces Principal,the reduction will be treated as a partial Prepayment. 0. BORROWER'S FAILURE To PAY AS REQUIRED % (A)[.ate Charge for Overdue Payment. If the Note Holder hag not received the full amount of any monthly payment by the end of 15 calendar days aferthe date N is due,(WI pay a late Otsego tote Note Holder.The*mount of the charge wit be 5.00Ok of my overdue payment of principal end Interest.I wilt pay this late charge promptly but only Once oneach late payment. (U)Default H I do not pay the full amount of each monthly payment on the date if le due,I will be in default (C)Notice of Default it I am in default,the Note Holder may sand me a written notice tWUng me that it l 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 not been paid and all the interest that I owe on that amount.That data must be least 30 days after the data on which the notice is mailed to me or delivered by other means. (0)No Waiver By Note Holder Even if,at a time when I am in default,the Note Holder does not require me to pay immediately In full as described above,the biota Header will still have the right to do co if I am in default ate latex time. I C •J SAULTISTATEFIXEDRATENOTE-8},gkramtyFa nnlaMae!FroddleMaeUNIFORMINSTRUMENT Pormalw1/01 L r99e. 'O4 Online Documents,Inn Paget of 2 F,sot>rici woi • LOsa f' (E) Payment of Note Holder's Costs and Expenses tithe Nab Holder has required ma to pay Immediately in full as described above,the Note Holder wit have the right to be paid back by FRO for it of its costs end expenses to enforcing this Note'to the extent not prohibited by applicable law.Those expanse*Include,for example,reasonable attorneys'fees, 7. GIVING OF NOTICES Untoss applicable taw requires a different method,any notice that must be given to me under this Note will be given by*Orating it or by molting It by Stet class mail to me at the Property Address above or at a different address if i givo the Note Holler 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 mailing It first class mail to the Note Holder at the address stated in Section 3(A)above or at a different address it I am given a notice of that different address, S. OBUQATIONS OF PERSONS UNDER THIS NOTE If MOM than one person signs this Note,each person Is fully and personally obligated to keep all of the promises made in this Nob,Including the promise to paythefull amount owed.Any person who is a guarantor,surety or endorser ofthb Note 1s also obligated to do these things.Any person who takes over these obligations,Including the obligations ofa guarantor,surety or endorser of this Note,Is also obligated to keep all of the promises made In this Note.The Note Holder may enforce its rights under this Note against each person Indhllduady or against all of us together.This means that any one of us may be required to pay ail of the amounts owed under this Note. V, WAIVERS land airy other person who has obligations under this Noteweive the rights a&Presentment and Nonce at Dishonor. "Presentment"means the right to require the Note Holder to demand payment of amounts duo.'Notice of Dishonor' means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10.UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations In some Jurisdictions.in addition to the protections given to the Note Holder under this Note,a Mortgage.Deed of Trust,or Security Deed I�e' Instrument"),dated the same date as this Note,protects the Note Holder from possible tones which might result it I do not keep the promises Which I make in this Nobs.That Security instrument describes how and un+ler'whal conditions I maybe required to make immediate payment in full of all amounts I owe under thle Note.Some of those conditions are deserted as follows: If all or any part of the Property or any Interest it the Property is sold ar transferred(or It Borrower is not e natural parson and abeneiatal Interest In Borrower is sold ortransterred)without Lander'apriorwritten consent. Lender may require immediate payment in full of all sums secured by IN.Security Instrument However,this option shat not be exercised by Lander if such exercise Es prohibited by Applicable law. If Lender exercises-this option,Lender shall give Borrower notice of acceleration.The notice shall provide a period of not loss than$0 days from the date the notice Is given in accordance with Section 15 within which Borrower mustpay all sums secured by this Security Instrument if Borrower falls to pay these sums prior to the expiration of this period,Lender may Invoke any remedies permitted by this Security insttrument without further notice or demand'on Borrower. WITNESS THE HAND(S)AND SEAL(S)1r F THE UNDERSIGNED. /gyp ✓f""J •If ( �` 1,`- h , (Beal) j Owe;st anise PAY TO THE©RDEN Oi WELLS FARGO i3rl ,; H A 1flrrTi oul RecQURS .$,. ilk " NOTE DATE:9(28!2006 "-' WITHOUT RECOURSE PAY TO THE ORDER OF: Franklin American Mortgage Company wiTi3OUT n>c. .1SE PAY TO THE OR7e,i OF ITS ASSIGNS AND!OR SUCCESSORS Wells Fargo Dana.N.A. HOWARD HANNA MORT GE SERVICES By 4��`� t)vanNMartic. Vice President BY: ..-igir KEVIN 1.LAIRD,VICE-PRESIDENT [Sign Original©rdyJ MULTISTATE rU( I?RATE NO TEE Singh F+uniyfonnie Maa/Froddt.Mee UNIFORM iNSTtiUMenT rams a3ae 1/cl 0 tafie-20.54 Ortaatt Cucurnunts inc. Page 2 of 2 P32000' vest A Exhibit "B" LEGAL DESCRIPTION ALL THAT CERTAIN LOT or piece of land situate in Dickinson Township, Cumberland County, Pennsylvania,bounded and described in accordance with a survey and plan thereof made by Noel B. Smith, Registered Surveyor dated April 17, 1973,. as follows: BEGINNING at a point, marked by a nail in the center of Township Road No. 524 at a corner of land now or formerly of Chester Sowers;thence along the center line of said Road, South 03 degrees West 150 feet to a nail at the corner of land now or formerly of Larry Crum;thence along said land now or formerly of Crum, North 56 degrees 30 minutes West 200 feet to a stake in line of land now or formerly of Melvin Geisinger;thence along said land, North 03 degrees East 150 feet to a stake in line of aforesaid land now or formerly.of Chester Sowers;thence along said land South 56 degrees 30 minutes East 200 feet to the point and place of BEGINNING. UNDER AND SUBJECT to all conditions,easements, restrictions, reservations and rights of way of record. PROPERTY ADDRESS: 1.148 MY.ERSTOWN ROAD, GARDNERS, PA 17324-9040 PARCEL#08-40-2650-014, Ftic.>. 34 1544 2 VERIFICATION Denise Goldston, hereby states that hefs1)1 is Vice President Loan Documentation or WELLS FARGO BANK,N.A.,plaintiff in this matter,that he/Ott 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 his(Lter informition 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. Cle lS-013 Name: Denise Goldston Title: Vice President Loan Documentation Company: Wells Fargo Bank,N.A. Date: 02/13/2013 086-PA-V2 File r1305442 Request for Service R. Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle,PA 17013 Ph: 717.240.6390 Fx: 717.240.6397 WELLS FARGO BANK, N.A. Court Number: Expiration Date: Type of Action: Mortgage Foreclosure Complaint Defendants: SALLY J.NORRELL-SMITH,MARSHALL J. SMITH,MILES J. SMITH,UNKNOWN 'HEIRS, SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER CRAIG M. SMITH DECEASED Serve Upon: SALLY J.NORRELL-SMITH Address for Service: 285 PLAZA DR BOILING SPRINGS,PA 17007-9433 Alternate Address for Service: 1148 MYERSTOWN ROAD GARDNERS,PA 17324-9040 Type of Service: ❑ Personal ❑ Adult in Charge ❑Deputize ❑ Certified Mail ❑ Posting(copy of court order required) Special Service Instructions: **If service is to be made by deputized service to another county please specify which county Filing Attorneys Information: Name: Phelan Hallinan, LLP /attorneyName/ Address: 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Telephone:,..215-563-7000 x 1482 Request for Service R. Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, 17013 Ph: 717.240.6390 Fx: 717.240.6397 WELLS FARGO BANK,NA. Court Number: Expiration Date: Type of Action: Mort.a e Foreclosure Complaint Defendant/s: SALLY J. NORRELL-SM1TH,MARSHALL J. SMITH, MILES J. SMITH, UNKNOWN HEIRS, SUCCESSORS,ASSIGNS, AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER CRAIG M. SMITH,DECEASED Serve Upon: SALLY J.NORRELL-SMITH Address for Service: 1148 MYERSTOWN ROAD GARDNERS,PA 17324-9040 Alternate Address for Service: 285 PLAZA DR BOILING SPRINGS,PA 17007-9433 Type of Service: 0 Personal El Adult in Charge 0 Deputize 0 Certified Mail D Posting(copy of court order required) Special Service Instructions: **If service is to be made by deputized service to another county please specify which county Filing Attorney's Information: Name: Phelan Ilallinan,LLP /attorneyName/ Address: 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Telephone: 215-563-7000 x 1482 Request for Service R. Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle,PA 17013 Ph: 71 7.240.6390 Fx: 717.240.6397 WELLS FARGO BANK,N.A. Court Number: Expiration Date: Type of Action: Mortgage Foreclosure Complaint Defendant/s: SALLY J.NORRELL-SMITH, MARSHALL J. SMITH,MILES J. SMITH,UNKNOWN HEIRS, SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CRAIG M. SMITH,DECEASED Serve Upon: MARSHALL J. SMITH Address for Service: 285 PLAZA DR • BOILING SPRINGS,PA 17007-9433 Alternate Address for Service: 1148 MYERSTOWN ROAD GARDNERS, PA 17324-9040 Type of Service: ❑ Personal ❑ Adult in Charge ❑ Deputize ❑ Certified Mail ❑ Posting(copy of court order required) Special Service Instructions: **If service is to be made by deputized service to another county please specify which county Filing Attorney's Information: Name: Phelan Hallinan, LLP IattorneyNamei Address: 1617 JFK Boulevard, Suite 1 400 One Penn Center Plaza Philadelphia, PA 19103 Telephone: 215-563-7000 x 1482 Request for Service R.Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA 17013 Ph: 717.240.6390 Fx: 717.240.6397 WELLS FARGO BANK,N.A. Court Number: Expiration Date: Type of Action: Mort:.a.e Foreclosure Complaint Defendant/s: SALLY J.NORRELL-SMITH,MARSHALL J. SMITH,MILES J. SMITH,UNKNOWN HEIRS, SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER.CRAIG M. SMITH,DECEASED Serve Upon: MARSHALL J. SMITH Address for Service: 1148 MYERSTOWN ROAD GARDNERS,PA 17324-9040 Alternate Address for Service: 285 PLAZA DR BOILING SPRINGS, PA 17007-9433 Type of Service: ❑Personal ❑ Adult in Charge ❑ Deputize ❑ Certified Mail ❑Posting(copy of court order required) Special Service Instructions: **If service is to be made by deputized service to another county please specify which county Filing Attorneys Information: Name: Phelan Hallinan, LLP /attorneyName/ Address: 1617 JFK.Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Telephone: 215-563-7000 x 1482 Request for Service R. Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle,PA 17013 Ph: 717.240.63 90 Fx: 717.240.6397 WELLS FARGO BANK,N.A. Court Number: Expiration Date: Type of Action: Mortgage Foreclosure Complaint Defendant/s: SALLY J.NORRELL-SMITH,MARSHALL J. SMITH,MILES J. SMITH,UNKNOWN HEIRS, SUCCESSORS,ASSIGNS,AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CRAIG M. SMITH,DECEASED Serve Upon: MILES J. SMITH Address for Service: 285 PLAZA DR BOILING SPRINGS, PA 17007-9433 Alternate Address for Service: 1148 MYERSTOWN ROAD GARDNERS, PA 17324-9040 Type of Service: ❑ Personal ❑ Adult in Charge 0 Deputize ❑ Certified Mail ❑Posting(copy of court order required) Special Service Instructions: **If service is to be made by deputized service to another county please specify which county Filing Attorney's Information: Name: Phelan Hallinan,LLP /attorneyName/ Address: 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Telephone: 215-563-7000 x 1482 Request for Service R. Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle,PA 17013 Ph: 717.240.6390 Fx: 717.240.6397 WELLS FARGO BANK,NA. Court Number: Expiration Date: Type of Action: Mortgage Foreclosure Corn elaint Defendant/s: SALLY J.NORRELL-SMITH, MARSHALL J. SMITH, MILES J. SMITH,UNKNOWN HEIRS, SUCCESSORS,ASSIGNS,AND ALL PERSONS, FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER CRAIG M. SMITH,DECEASED Serve Upon: MILES J. SMITH Address for Service: 1148 MYERSTOWN ROAD GARDNERS, PA 17324-9040 Alternate Address for Service: 285 PLAZA DR BOILING SPRINGS, PA 17007-9433 Type of Service: 0•Personal 0 Adult in Charge 0 Deputize 0 Certified Mail 0 Posting(copy of court order required) Special Service Instructions: **If service is to be made by deputized service to another county please specify which county Filing Attorney's Information: Name: Phelan Hallinan, LLP /attomeyName/ Address: 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 :Telephone: 215-563-7000 x 1482 Exhibit "E" 305q`ta. PHELAN HALLINAN,LLP Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-320-0007,ext. 1262 April 23,2013 RLE copy Sally J. Norrell-Smith 1141 Longs Gap Road Carlisle, PA 17015 RE: WELLS FARGO BANK,N.A.v.SALLY J.NORRELL-SMITH,LN HER CAPACITY AS ADMINISTRATOR AND HEIR OF CRAIG M.SMITH,DECEASED,ET AL. CUMBERLAND COUNTY; NO. 13-1113-CIVIL Dear Mrs.Norrell-Smith: Enclosed please find Plaintiffs proposed Stipulation to Appoint Guardian M Litem for minor defendants Marshall J. Smith and Miles J. Smith,and Acceptance of Service of Complaint. On February 28,2013,this office filed a civil action naming Marshall J. Smith and Miles J. Smith, as party defendants in their capacity as heirs of Craig M. Smith. It is our understanding that you are the parent and natural guardian of Marshall J. Smith and Miles J. Smith. Because Marshall and Miles are minor defendants and are not represented by a guardian, we are required to have appointed a Guardian Ad Litem for them for purposes of these proceedings, so that their interest in this action is properly represented. As you are the parent and natural guardian of Marshall J. Smith and Miles J. Smith,we are requesting that you be appointed Guardian Ad Litem in this action. By consenting to the terms of the stipulation, you, Sally J.Norrell-Smith,will be appointed Guardian Ad Litem for Marshall J. Smith and Miles J. Smith for the purposes of these proceedings, only. You will be accepting service of the complaint filed on February 28,2013, and all future pleadings, as Guardian Ad Litem for Marshall J. Smith and Miles J. Smith. Please be advised that you nor Marshall J. Smith or Miles J. Smith are liable to pay this debt,as you did not sign the mortgage or note. However,you do have the right to bring the loan current. It is Plaintiffs intention to divest your interest in the mortgaged premises in order to take this property to Sheriff's Sale and sell it free and clear to a third party. *This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy,we are only proceeding against the real estate secured by the mortgage. Should you have any questions, do not hesitate to contact this office. Please know that should this document not be signed and returned within fourteen(14) days of the date of this correspondence it will be necessary for our office to file a formal motion with the court to request you, Sally J.Norrell-Smith, be appointed Guardian Ad Liter for Marshall J. Smith and Miles J. Smith Sincergly7 Jo Michael Kolesnik, Esq., ID # 308877 homey for Plaintiff *This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 2 I 5-563-7000 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS V. CIVIL DIVISION SALLY J.NORRELL-SMITH,IN ITER CAPACITY AS ADMINISTRATOR.AND HEIR OF CRAIG M. SMITH, NO. 13-1113-CIVIL DECEASED CUMBERLAND COUNTY MARSHALL J. SMITH,IN HIS CAPACITY AS HEIR OF CRAIG M. SMITH,DECEASED MILES J. SMITH, IN HIS CAPACITY AS HEIR. OF CRAIG M. SMITH,DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS,AND ALL PERSONS,FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CRAIG M. SMITH,DECEASED STIPULATION FOR ACCEPTANCE OF SERVICE OF COMPLAINT AND APPOINTMENT OF GUARDIAN Al)LITEM It is hereby stipulated by and between Plaintif, WELLS FARGO BANK.N.A., by and through its counsel,Phelan Ha llinan, LLP, and Defendants, MARSHALL J. SMITH and MILES J. SMITH by and through their parent and natural guardian, SALLY J. NORRELL-SMITH,that: 1. Defendants MARSHALL J. SMITH and ILES J. SMITH hereby accept service of the Complaint filed in the within action on or about February 28,2013. 2. Plaintiff will provide the 10-day default notice to Defendants MARSHALL J. SMITH and MILES J. SMITH under Pa.R.C.P.237. 3. SALLY J.NORRELL-SMITH, hereby consents to her appointment as Guardian Ad Litem of minor Defendants MARSHALL J. SMITH and MILES J. SMITH for the purposes of these proceedings and consents to the terms set forth in this within stipulation. Attached hereto as ` Exhibit"A" is a Consent to Guardianship executed b SALLY J.NORRELL-SMITH. 4. It is hereby agreed that Plaintiff may effe}uate notice of sale pursuant to Pa.R.C.P. 3129 upon SALLY J. NORRELL-SMITH, Guardian Ad Litem of MARSHALL J. SMITH and MILES J. SMITH, by regular mail and thereafter fili g an Affidavit of Service of same with the Office of the Prothonotary. 1 Date: A , ' Xiii ichael Kolesnik,Esq., Id. No.308877 Attoim y for Plaintiff Date: Sally .Norrell-Smith, Guardian Ad Litem for minor flefendants, Marshall J. Smith and Miles J. Smith heirs of Craig M. Smith IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, PENNSYL4NIA WELLS FARGO BANK,N.A. • COURT OF COMMON PLEAS V. CIVIL DIVISION SALLY J.NORRELL-SMITH,IN HER CAPACITY A ADMINISTRATOR AND HEIR OF CRAIG M. SMITI1, NO. 13-1113-CIVIL DECEASED CUMBERLAND COUNTY MARSHALL.1. SMITH,IN HIS CAPACITY AS HEIR OF CRAIG M. SMITH,DECEASED MILES J. SMITH,IN IHS CAPACITY AS HEIR OF CRAIG M. SMITH,DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS,AND ALL PERSONS,FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CRAIG M. SMITH, DECEASED ORDER And now, this day of , 2013, it is hereby ORDERED AND DECREED that: The stipulation for Acceptance of Service of Complaint and Appointment of Guardian Ad Litem is approved as to Defendants MARSHALL J. SMITH and MILES J. SMITH. SALLY J. NORRELL-SMITH is hereby appointed Guardian Ad Litem for Defendants MARSHALL J. SMITH and MILES J. SMITH. BY THE COURT: Phelan Ha Ilium, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS v. CIVIL DIVISION SALLY S.NORR.ELL-SMITH, IN HER CAPACITY AS ADMINISTRATOR AND HEIR OF CRAIG M. SMITH, NO. 13-1113-CIVIL DECEASED CUMBERLAND COUNTY MARSHALL J. SMITH, IN HIS CAPACITY AS HEIR OF CRAIG M. SMITH,DECEASED MILES J. SMITH, IN HIS CAPACITY AS HEIR OF CRAIG M. SMITH,DECEASED UNKNOWN HEIRS. SUCCESSORS, ASSIGNS,AND ALL PERSONS,FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CRAIG M. SMITH, DECEASED CONSENT TO GUARDIANSHIP As Defendants MARSHALL S. SMITH and MILES J. SMITH are minors and are not represented by a guardian, the Court is required to appoint a guardian for them upon petition. See Pa.R.C.P. 2031 (b) and 2027. To ensure the interest of Defendants MARSHALL J. SMITH and MILES J. SMITH will be properly represented, a guardian Ad Litem must be appointed to represent them in the mortgage foreclosure action. Pursuant to this requirement, SALLY J. NORRELL-SMITH, is the parent and natural guardian of Defendants, MARSHALL J. SMITH and MILES J. SMITH and Plaintiff requests that she be appointed Guardian M Litem in this action. SALLY J. NORR.EIA.,-SMITH, hereby agrees to be appointed Guardian Ad Litem for purposes of these proceedings. Date: Sally J. Norrell-Smith, Guardian Ad Litem For minor defendants, Marshall J. Smith and Miles I Smith, Heirs of Craig M. Smith 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS CIVIL DIVISION v. NO. 13-1113-CIVIL SALLY J. NORRELL-SMITH, IN HER CAPACITY AS ADMINSTRATRIX AND CUMBERLAND COUNTY HEIR OF THE ESTATE OF CRAIG M. SMITH ET AL. ORDER AND NOW, this /0 day of , 2013, upon consideration of Plaintiff's Motion for the Appointment of a Guardian Ad Litem for defendants, MARSHALL J. SMITH and MILES J. SMITH, Heirs of CRAIG M. SMITH, Deceased, and any Response thereto, it is hereby ORDERED and DECREED that the Court appoints SALLY J. NORRELL-SMITH as Guardian Ad Litem for MARSHALL J. SMITH and MILES J. SMITH, Heirs of CRAIG M. SMITH, Deceased, in the mortgage foreclosure action. BYT - • : C-Crp I*ES / 'C.d I•L£4___ .%.6t C-3 rv _ >CI MC c � N 799204 f f` j C rr � r c 't?UTHONOW PHELAN HALLINAN,LLP AM : Meredith Wooters,Esq.,Id.No.307207 8-ERLAND COUNTY 1617 JFK Boulevard, Suite 1400 �ENNSYLYANIA One Penn Center Plaza Philadelphia,PA 19103 Meredith.Wooters @phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. CUMBERLAND COUNTY SALLY J. NORRELL-SMITH, IN HER No. 13-1113-CIVIL CAPACITY AS ADMINISTRATRIX AND HEIR OF THE ESTATE OF CRAIG M. SMITH MARSHALL J. SMITH,IN HIS CAPACITY AS HEIR OF THE ESTATE OF CRAIG M. SMITH MILES J. SMITH, IN HIS CAPACITY AS HEIR OF THE ESTATE OF CRAIG M. SMITH UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CRAIG M. SMITH,DECEASED Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE 1 TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN,LLP A Meredith Wooters, Esq., Id. No.307207 Attorney for Plaintiff Date; ul;�� 1nru,Svc Dept. File#799204 r , 1 ;, it E�. t�DT,40,gJT, i PHELAN HALLINAN,LLP J Emily M.Phelan,Esq.,Id.No.315250 AM IO: 2(� 1617 JFK Boulevard, Suite 1400 1+� 1 AND GOONTY J One Penn Center Plaza PENNSYLVANIA Philadelphia,PA 19103 emily.phelan@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. CUMBERLAND COUNTY SALLY J. NORRELL-SMITH, IN HER No. 13-1113-CIVIL CAPACITY AS ADMINISTRATRIX AND HEIR OF THE ESTATE OF CRAIG M. SMITH MARSHALL J. SMITH,IN HIS CAPACITY AS HEIR OF THE ESTATE OF CRAIG M. SMITH MILES J. SMITH, IN HIS CAPACITY AS HEIR OF THE ESTATE OF CRAIG M. SMITH UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CRAIG M. SMITH, DECEASED Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHEL HALLINAN, LLP By: Emily M. Phelan, Esq., Id. No.315250 Date: 0 Attorney for Plaintiff ('1 '-�(.� /nru, Svc Dept. File#799204 U 7SP4 a l� 2 A-k�boC-11a 2---> riuNo nit: < ' 4J. ,/29 AN !1: 32 SAND COUNT PE NSYLVANIA 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 • CIVIL DIVISION vs. • • NO. 13-1113-CIVIL SALLY J. NORRELL-SMITH, in her capacity as • Administratrix and Heir of the Estate of CRAIG M. • CUMBERLAND COUNTY SMITH • • ET AL. MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, WELLS FARGO BANK, N.A., respectfully requests that this Honorable Court enter an ORDER granting Plaintiff's Motion for Service Pursuant to Special Order of Court in the above captioned matter and in support thereof avers the following: 1. On September 28, 2006, CRAIG M. SMITH made, executed, and delivered a mortgage upon the premises at 1148 MYERSTOWN ROAD, GARDNERS, PA 17324-9040. 2. The loan is in default as payments due April 1, 2012 and each month thereafter are due and unpaid. 3. Real Owner CRAIG M. SMITH died on May 21, 2012, and SALLY J. NORRELL-SMITH was appointed Administratrix of his estate. Letters of Administration were 799204 granted to her on June 4, 2012 by the Register of Wills of CUMBERLAND County, No. 21-12- 0621. Decedent's surviving heir(s) at law and next-of-kin are SALLY J. NORRELL-SMITH, MARSHALL J. SMITH and MILES J. SMITH. A copy of the estate documents, which have been redacted to remove personal identifying information, are attached hereto, made part hereof, and marked as Exhibit "A". 4. Plaintiff performed a Good Faith Investigation in an attempt to identify and locate the heirs of CRAIG M. SMITH. Plaintiff's Investigation located an Obituary for CRAIG M. SMITH. The Obituary states the deceased borrower is survived by his wife and children, SALLY J. NORRELL-SMITH, MARSHALL J. SMITH and MILES J. SMITH Heir of CRAIG M. SMITH, Deceased. Attached hereto, marked as Exhibit "B" is a true and correct copy of Plaintiffs Affidavit of Good Faith Investigation. 5. By letter dated August, 27, 2012, Plaintiff contacted SALLY J. NORRELL- SMITH, MARSHALL J. SMITH and MILES J. SMITH to inform them of the foreclosure action. Plaintiff attached with its letter a Waiver by Heir of Right to be Named as a Defendant. Plaintiff also requested information regarding the heirs of CRAIG M. SMITH. Attached hereto, marked as Exhibit "C" is a true and correct copy of Plaintiffs letter. 6. On February 28, 2013, Plaintiff filed an Action in Mortgage Foreclosure. Attached hereto, marked as Exhibit "D" is a true and correct copy of the Complaint in Mortgage Foreclosure. 7. On April 23, 2013, Plaintiff filed a Motion to Appoint Guardian. Attached hereto, marked as Exhibit"E" is a true and correct copy of the Motion to Appoint Guardian. 8. Motion to Appoint Guardian was granted November 12, 2013. A true and correct copy of Plaintiff's Order is attached hereto, marked as Exhibit"F." 799204 9. Plaintiff named as a defendant, the unknown heirs, successors, assigns, and all persons, firms or associations claiming right, title or interest from or under the decedent record owner in order to ensure that all possible parties with an interest in said property are notified of these proceedings and in order to ensure that good and marketable title to said property is conveyed by any future sheriffs auction. See Exhibit "D." 10. Because there may be parties with an interest in the mortgaged premises that are unknown, Plaintiff must effectuate service through Special Order of Court. 11. In compliance with Cumberland County Local Rule 208.3(a)(2), Plaintiff avers that choose: No Judge has previously entered a ruling in this case. 12. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to the Defendants on October 29, 2013, and requested the Defendants' concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and postmarked certificate of mailing is attached hereto, made part hereof, and marked as Exhibit "G." WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint, and all future pleadings, by regular mail, by posting of the mortgaged premises, and by publication. Respectfully submitted, PHELAN HALLINAN, LLP Date: //2. (j/ ' By: G �/�- Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 799204 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 • CIVIL DIVISION • vs. • NO. 13-1113-CIVIL • SALLY J. NORRELL-SMITH, in her capacity as Administratrix and Heir of the Estate of CRAIG M. CUMBERLAND COUNTY • SMITH • ET AL. MEMORANDUM OF LAW According to Pa.R.Civ.P. 430(a), a plaintiff may petition the court to provide an alternative to personal service if the plaintiff cannot serve a party personally. The rule requires the affidavit presented in support of the motion for alternative service to state "the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why personal service cannot be made." Pa.R.Civ.P. 430 (a). The purpose of this procedure is to provide proof that a good faith effort has been made to effect service under normal methods. Only after such proof has been offered is the Court authorized to direct another method of substitute service. Deer Park Lumber, Inc. v. Major, 384 Pa.Super. 625,559 A.2d 941, 944 (1988), appeal denied, 525 Pa. 582, 575 A.2d 113 (1990). 799204 Plaintiff has attached a report to its Motion, which sets forth the nature and extent of the investigation that has been made to determine the whereabouts of the heirs and assigns and the reason that such service cannot be made. Attached hereto, marked as Exhibit`B" is a copy of the Affidavit of Good Faith Investigation. A deceased mortgagor need not be named as a party in a foreclosure action. Federal Land Bank of Baltimore v. King, 294 Pa.86, 143 A. 500 (1928). The personal representative, heir or devisee of a deceased mortgagor, if known, (unless released from liability) must be named as a defendant in a mortgage foreclosure action. Moyer v. Diehl, 130 Pa.Super. 115, 196 A. 575 (1938). In the instant action, Plaintiff has appropriately named the unknown heirs, successors, assigns and all persons, firms, and associations claiming right title or interest from or under the decedent mortgagor as a defendant in order to convey clear and marketable title after a foreclosure sheriff's sale. Title companies customarily require foreclosing mortgagees to name the unknown parties in order to assure that any potential party with an interest in the mortgaged premises has an opportunity to defend the foreclosure. Finally, Plaintiff is seeking only to enforce an in rem judgment through the foreclosure of the mortgaged premises and is not pursuing a deficiency judgment in this action. WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant the requested relief. PHELAN HALLINAN, LLP Date: //2//i (2 J/( By: 4— Adam H. Davis,Esq., Id.No.203034 Attorney for Plaintiff 799204 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 • CIVIL DIVISION • vs. • NO. 13-1113-CIVIL • SALLY J. NORRELL-SMITH, in her capacity as Administratrix and Heir of the Estate of CRAIG M. CUMBERLAND COUNTY SMITH • ET AL. CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the foregoing Plaintiff's Motion for Special Service was served by regular mail on Defendant(s) on the date listed below: SALLY J. NORRELL-SMITH 1141 LONGS GAP RAOD CARLISLE, PA 17015 MARSHALL J. SMITH 285 PLAZA DR BOILING SPRINGS, PA 17007-9433 MILES J. SMITH 285 PLAZA DR BOILING SPRINGS, PA 17007-9433 799204 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CRAIG M. SMITH, DECEASED 1148 MYERSTOWN ROAD GARDNERS, PA 17324-9040 PHELAN HALLINAN, LLP Dated: / 2 , By: Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 799204 Exhibit "A" ROW460D Cumberland County - Register Of Wills Estate Inquiry File No 21 2012-00621 PA File No 21-2012-0621 Decedent SMITH CRAIG M Page 1 of FIRST ENTRY 6/04/12 PETITION FOR GRANT OF LETTERS OF ADMINISTRATION DEATH CERTIFICATE OATH OF PERSONAL REPRESENTATIVE WSZ 6/04/12 DECREE OF PROBATE & GRANT OF LETTERS ADMINISTRATION WSZ LAST ENTRY F2=Done F12=Cancel F17=Top F18=Bottom Roses PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY,PENNSYLVANIA Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in support thereof aver(s)the following and respectfully request(s)the grant of Letters in the appropriate form: Decedent's Information Name: CRAIG M.SMITH File No: oi-t - l - d Ct Z t a/k/a: (Assigned by Register) a/k/a: a/k/a: Sodal Security No Date of Death: May 21.2012 Age at death:$3 Decedent was domiciled at death in Cumberland County,pann.ylvania (State)with his/her last principal residence at 1148 Mverstown Road,,rardners.Pennsvlvania._I2ickinson Township.Cumberland County Street address,Pest Oleke sad$Cods City,Townes*or Borough Canny Decedent died at 1148 Mverstown_Road.Gardne s.Pennsylvania.DickinsonTownshin.Cumberland C9unty Street address,Post Office sad zip Code City,Tewrellp or Boron. Comity State Estimate of value of decedent's property at death: ffdmwk*af la Perussyhvalle. All personal property S 100.00 Xf set rdarlct bt Peauseffiwista. Personal property in Pennsylvania S set doatkdtot is Pennsylvania. Personal property in County S Valise ofreal amt w?esxsylwsfa. $ 0 fl0 TOTAL ESTIMATED VALUE.... S 100.00 Reel estate in Pennsylvania situated at 1148 Mverstown Road,Gardners.Dickinson Township.Cumberland County (Attack addiaoeal Mew,ifJwceseary.) Street address,Post Maenad Zip Code City,Toweeldp or Soreagr Canty ❑ A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)ever(s)Ise/she/they'Mare the Executor(s)named in the last Will of the Decedent,dated ti Codiciil(�Ya thereto dated T State relevant dreaa uaca(e.g.Iaarrofalea,dm*of waster,etc) �A• _ • t • iss Except as follows:after the execution of the instruments)offered for probate Decedent did not many,was not.; . -- partt a divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g),and • hive a gel.,.'1 adopted;and Decedent was neither the victim of a killing nor over adjudicated an Incapacitated person. .11.40i► 0 NO EXCEPTIONS Q EXCEPTIONS .• 0 B. Petition for Grant of letters of Administration (If applicable) c.t.a.,d.b.a.,d.b.n.c.r.a.,pendants Cite,demise absentia,duroste aarsoritaae If Administration,e.t.a.or db.n.cta.,enter date of Will in Section A above and complete list of heirs. Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.f 3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. IStuo EXCEPTION. 0 ExcEPTIONS Petitioner(s),atera proper search badhave ascertained that Decedent left no Will and was survived by the following spouse(ifany)and heirs(attach eddfdosai sleets,(f necessary): Name Itslattoasalp Address Sally J.Nowell-Smith Wife 285 Plaza Drive,Boiling Springs,PA 17007 Marshall J.Smith Son 285 Plaza Drive,Boiling Springs,PA 17007 Miles J.Smith Son 285 Plaza Drive,Boiling Springs,PA 17007 Forst RW-02 rev.10/11/2011 Page 1 of 2 Oath of Personal Representative Official We Only COMMONWEALTH OF PENNSYLVANIA } GK,- i X t) } SS: L COUNTY Or CUMBERLAND } II12 JUN w AND: 65 • Petitioners)Printed Name Petitioner(s)Printed Address Sally I.Nowell-,Smith 285 Plaza Drive,Boiling Springs,PA 17007 ' I r anal;The Petitioner(s)above-caned swear(e)or affirm(*)the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(e)and that,as Personal Representative(s)of the Decedent,the Petitioner(s)will well and truly administer the estate to w. Sworn to or affirmed : ,d subscribed befog .a -7,...,9, / Y•fi D me this eta/ •• we /r _f� Date By: Off r _ _ ei2P'/ Date Date BOND Required:0 YES t O To the Register of: Misr * FEES: 7 Please e aii my .+tit ranee by my ,is1 tore below: Letters $ JO Attorn • , ' ( 10)Short Certificate(s) ._..—.. �- i ( )Renunciation(s). ( )Codieil(s). ( )Affrdavit(s) Bond. Printed Name: Paul B.Orr Commission Supreme Court Other ID Number: 71786 Firm Name: Law Offices of Paul Bradford Orr Address: 50 Aat Nigh ctnmet .Carlisle.PA 17613 ,,_ Phone: 717-258-8558 Automation Fee. 5 .J' Fax: 717-258-5289 JCS Fee. 3- 5) Email: TOTAL $ 4i9tb- DECREE OF THE REGISTER Estate of GRAD}M.SMTTH File No: (12)— lad -0(2I a/k/a: AND NOW, (A AL.. — -, D4 I a in considerati of the foreg 'ng Petition, satisfactory proof ha ' been presented before me,IT IS DECREED that etters are hereby granted to ZaLl .J, N O(t?4(,-..._II m;.µ1 in the above estate and(if applicable)that the instrument(s)dated described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Detdent. . i .0 S/ ./ Ge4.6.2,46 egister of Wi118p„ • Form RW-02 rev.10/11/2011 Page 2 of 2 Exhibit "B" • AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 305442 Attorney Firm: Phelan,Hallinan&Schmieg,LLP Subject: Craig M.Smith Property Address: 1148 Myerstown Road,Gardens,PA 17324 L CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Craig M.Smith-xxx-xx-4132 B. EMPLOYMENT SEARCH Craig M.Smith-A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Craig M.Smith reside(s)at:1148 Myerstown Road,Gardens,PA 17324. IL INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases,which indicated that Craig M.Smith reside(s)at:1148 Myerstown Road,Gardners,PA 1732.4.On 08-07-12 our office made a telephone call to the subject's phone number(717)486-3475 and received the following information:not in service. B. On 08-07-12 our office made a telephone call to a possible phone number of the subject(s)(717)713-0422 and received the following information:not in service.Our office was unable to locate any heir for Craig M.Smith. III.OBITUARY SEARCH A. Attempted to find obituary via http://oa.newsbank.com/ B. Found obituary published May 23,2012 in the Sentinel,'The(Carlisle,PA).See attached. IV.INQUIRY OF HEIRS AND NEIGHBORS On 08-07-12 our office was unable to locate any information for Peyton Kitner,relative of Craig M. Smith. On 08-07-12 our office attempted to contact Sally Jo Norrell,relative of Craig M.Smith at:633 North West Street,Carlisle,PA 17013,but was unable to get any phone number for her. On 08-07-12 our office attempted to contact Marshall J.Smith,relative of Craig M.Smith at:285 Plaza Drive,Boiling Springs,PA 17007,but was unable to get any phone number for him. On 08-07-12 our office attempted to contact Miles J.Smith,relative of Craig M.Smith at:285 Plaza Drive, Boiling Springs,PA 17007,but was unable to get any phone number for him. On 08-07-12 our office attempted to contact Clint Kirsten Smith,relative of Craig M.Smith at:P.O.Box 7809,Fort Lauderdale,Fl..33329,but was unable to get any phone number for him. On 08-07-12 our office attempted to contact Charles Kirk Smith,relative of Craig M.Smith at:1562 Newville Road,Carlisle,PA 17015,but was unable to get any phone number for him. On 08-07-12 our office attempted to contact Corey L.Norrell,potential relative of Craig M.Smith at:3 Ridge Avenue,Carlisle,PA 17013,but was unable to get any phone number for her, On 08-07-12 our office attempted to contact Charmaine K.Smith,potential relative of Craig M.Smith at: 1562 Newville Road,Carlisle,I'A 17015,but was unable to get any phone number for her. On 08-07-12 our office made several phone calls in an attempt to contact Charmaine Kirk Smith,relative of Craig M.Smith at(717)422-5369,355 Hickory Road,Carlisle,PA 17015:answering machine. On 08-07-12 our office made a phone call in an attempt to contact Kathy M.Kiner,potential relative of Craig M.Smith at(717)258-0736,255 Peach Glen Road T-540,Gardners,PA 17324:spoke with an unidentified male who could not confirm any heir information for the Craig M.Smith. On 08-07-12 our office made several phone calls in an attempt to contact Tawnya Lee Bucher,potential relative of Craig M.Smith at(717)249-6701,1562 Newville Road,Carlisle,PA 17015:answering machine. On 08-07-12 our office made several phone calls in an attempt to contact Donald E.Neff,neighbor of the subject at(717)486-5209,1147 Myerstown Road,Gardners,PA 17324:answering machine. On 08-07-12 our office made a phone call in an attempt to contact Rebekah Miller,neighbor of the subject at(717)486-7419,1149 Myerstown Road,Gardners,PA 17324:not in service. On 08-07-12 our office made several phone calls in an attempt to contact Marjorie S.Cline,neighbor of the subject at(717)486-4357,1145 Myerstown Road,Gardners,PA 17324:answering machine.Our office was unable to locate any heir for Craig M.Smith. V.ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 08-07-12 we reviewed the National Address database and found the following information:Craig M. Smith-1148 Myerstown Road,Gardners,PA 17324. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors,the following is a possible mailing address:no addresses on file. VI.OTHER INQUIRIES A. DEATI I RECORDS As of 08-07-12 Vital Records and all public databases have a death record on file for Craig M.Smith. VII.ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Craig M.Smith-1982 B. DATE OF DEATH Craig M.Smith-05-21-2012 *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 penalties of 18 Pa C.S.Sec. 4904 relating to unsworn falsification to authorities. "4 4- The above information is obtained from available public records and we are only liable for the cost of the affidavit. ObitsArchive.com: Document Display Page 1 of 1 ObitsArchive.com Sentinel,The (Carlisle,PA)- May 23,2012 Deceased Name: Craig M. Smith Craig M. Smith,29, of Gardners and formerly of Loysville passed away on Monday,May 21,2012, at home. Craig was born July 24, 1982, at Camp Hill to C. Kirk Smith and Charmaine (Kline) Smith,both of Carlisle. He was preceded in death by a brother, C. Landon Smith and his paternal grandparents, Charles D. and Esther L. (Milligan)Smith. He was an employee at Carlisle Container Company,Carlisle. Surviving in addition to his parents are his wife, Sally J. Norrell-Smith;two sons, Marshall Smith and Miles "Jake" Smith; a step-daughter, Peyton Kitner, all at home; a brother, Clint K. Smith, Carlisle; and many other relatives. A funeral service will be held at 10:30 a.m. Friday,May 25,2012,in the St. Paul's Lutheran Church, 5593 Shermans Valley Road,Loysville, with the Rev. Robert Yankovitz officiating. Viewing will be from 9:30 a.m. to 10:30 a.m. Friday in the church. Burial will be in the Evergreen Cemetery, Duncannon. Memorial contributions may be made to the Nickel Funeral Home,P.O. Box 910, Loysville,PA 17047 to assist with funeral expenses. Sentinel,The(Carlisle,PA) Date: May 23, 2012. Record Number: da2af79aacab296b83e71 f735e53584aeafff 15 Copyright(J 2012 The Sentinel -cumberlink.com,457 E North Street Carlisle,PA, All rights reserved. http://www.obitsarchive.com/oa-search/we/Archives?p_action=print&p_docid=l 3EFA878E... 8/8/2012 Exhibit "C" PHELAN HALLINAN &SCHMIEG,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)320-0007 Fax:215-563-3352 August 27, 2012 RE COP SALLY J.NORRELL-SMITH, Administratrix and Heir of the Estate of CRAIG M. SMITH 285 PLAZA DR BOILING SPRINGS, PA 17007-9433 MARSHALL J. SMITH, Heir of the Estate of CRAIG M. SMITH 285 PLAZA DR BOILING SPRINGS, PA 17007-9433 MILES J. SMITH, Heir of the Estate of CRAIG M. SMITH 285 PLAZA DR BOILING SPRINGS, PA 17007-9433 RE: CRAIG M. SMITH; 1148 MYERSTOWN ROAD,GARDNERS,PA 17324-9040; WELLS FARGO BANK,N.A.; PHS#305442 Dear Sir/Madam(s): Kindly be advised that the Law Offices of Phelan Hallinan & Schmieg, LLP represent WELLS FARGO BANK, N.A., the holder of the mortgage against the above-referenced mortgaged premises. Our office has been retained to bring a foreclosure action. Our office has been informed of CRAIG M. SMITH's unfortunate death. We are sorry for your loss. As a possible heir of CRAIG M. SMITH, you may have a vested ownership interest in the mortgaged premises upon his death under 20 Pa.C.S.A. §301(b). As such, Pennsylvania law requires that you be included as a defendant solely in your capacity as heir in order to complete the foreclosure. Please be advised that you are not personally liable for the debt, as you did not execute the mortgage or note. This letter serves to afford you an opportunity to waive your right to be named as a defendant in the foreclosure action. Please find attached a Waiver which I would appreciate your executing and returning to the undersigned within fourteen (14) days of the date of this correspondence. *This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy,we are only proceeding against the real estate secured by the mortgage. If the Waiver is timely returned it will not be necessary to name you as a defendant in the foreclosure action. However, if the Waiver is not timely returned and it is believed that you are an heir of the decedent, then our office may have no choice but to name you as a defendant in the action in order to divest any ownership interest you may have in the property. It is our understanding that Marshall J. Smith and Miles J. Smith are minors. As such, it will be necessary for their parent or legal guardian to execute the Waiver on their behalf Please provide legal documents stating that you are the legal guardian if sign as a legal guardian to the minor. It will however, he necessary to name SAIJ.,Y J. NORREI.,L-SMITH as a defendant in the foreclosure action in her capacity as Administratrix of the Estate as required by the Pennsylvania Rules of Civil Procedure. Again, please he advised SALLY J. NOR.RELL-SMITH is not personally liable for the debt, as she did not execute the mortgage or note. Our Office also requests that you please provide us with any additional heir information for CRAIG M. SMITH, Deceased. Thank you for your cooperation in this regard. Please note that this waiver does not preclude you from attempting to sell the subject premises and recovering any possible equity in the mortgaged premises prior to the completion of the foreclosure action. We would encourage you to contact your own attorney in regard to this matter. If you would like to request a payoff or reinstatement figure, please call (215) 563- 7000, and ask for the Foreclosure Resolution Department. If you have any other questions regarding this letter, please contact a representative of our firm's Decedent Department at (215) 320-0007. Sincerely, AIitii-o t 1':"mac 115 l 5q 1c1:I o.309519 Attorney for Plaintiff *This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION 1, MARSHALL J. SMITH, Heir of the Estate of CRAIG M. SMITH, hereby acknowledge that I may have an ownership interest in the property located at 1148 MYERSTOWN ROAD, GARDNERS, PA 17324-9040, in accordance with Section 301(b)of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. 1141 et seq., which may be instituted by WELLS FARGO BANK, N.A., involving said property, which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale of the mortgage premises. Date: I3y (print name) (sign name) Parent and/or Legal Guardian of Marshall J. Smith, Minor Heir of the Estate of Craig M. Smith WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, MILES J. SMITH, Heir of the Estate of CRAIG M. SMITH, hereby acknowledge that I may have an ownership interest in the property located at 1148 MYERSTOWN ROAD, GARDNERS, PA 17324-9040, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R..C.P. 1141 et seq.,which may be instituted by WELLS FARGO BANK, N.A., involving said property, which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale of the mortgage premises. Date: By (print name) (sign name) Parent and/or Legal Guardian of Miles J. Smith, Minor Heir of the Estate of Craig M. Smith Exhibit "D" ouFnx cum: '. uui ik,in rvialI ytvulna , Court of C,oni tiron Pleas For Prothonotary Use Only: Civil ever aeet __ ..... :r1 CUM,BIERLAND , ; County Docket No: The information collected on this form is used solely,frr court administration purposes. This firm does not supplement or r(al;tl ie t Efillin curd service of pleadings or other ru)errs as rot alma by law or rules of court, sI Commencement of Action: 0 Complaint L Writ of Summons ❑Petition E ❑Transfer from Another Jurisdiction ❑Declaration of Taking C Lead Plaintiff's Name: WELLS FARGO BANK,N.A. Lead Defendant's Name: SALLY J. NORRELL-SMITH T I Dollar Amount Requested: ❑ within arbitration limits Are money damages requested? ❑ Yes 13 No O (Check one) © outside arbitration limits N Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJ Appeal? ❑ Yes DI No A Name of PlaintiffJAppellant's Attorney: Allison F.Zuckerman,Esq.,Id.No.309519,P.helari Hailinan,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, cheek 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 LI Malicious Prosecution ❑Debt Collection: Credit Card ❑Board of Assessment O Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections O Nuisance ❑Dept. of`Transportation Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability(does not S include moss tort) ❑ Employment Dispute: El Slander/Libel/ Defamation Discrimination , E ❑ Other C Employment Dispute:Other ❑Zoning Board C 0 Other: I MASS TORT 0 Other: 0 n Asbestos N ❑ "Tobacco ❑ Toxic Toil DES _._._ _ 0 Toxic Tort- Implant REAL PROPERTY MISCELI,ANEOUS LI Toxic Waste El Ejectment O Common Law/Statutory Arbitration $' [::::i Other: ❑ Eminent Domain/Condemnation U Declaratory Judgment ❑Ground Rent C Mandamus 0 Landlord/Tenant Dispute C.::.i Non-Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order I. i ❑Mortgage Foreclosure: Commercial ❑ Quo Warranto PROFESSIONAL ISaOl'�iAL LIAIIILITY ❑Partition ❑Replevin ❑ Denial 0 Quiet'Title ❑ Other: ❑Legal I I Medical ❑ Other: ,....I Other Professional: Pa.R.C.P. 205.5 Updated 01/01/20 1 1 FORM I IN THE COURT OF COMMON PLEAS WELLS FARGO BANK,N.A. OF C:UMBEI2LAND COUNTY,PENNSYLVANIA Plaint i ff(s) • vs. SALLY J.NORRELL-SMITH, in her capacity as Administratrix and I-leir of the Estate of CRAIG M. . SMITH MARSHALL J. SMITH, in his capacity as Heir of the Estate of CRAIG M. SMITH MILES J.SMITH, in his capacity as Heir of the Estate of CRAIG M. SMITH UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS,FIRMS, OR ASSOCIATIONS.CLAIMING RIGIi'T,'TITLE OR INTEREST FROM OR UNDER CRAIG M. SMITH,DECEASED Defendant(s) 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 a lawyer,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 M.idPenn Legal Services at(717)243-9400 extension 2510 or(800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative,you must promptly meet with that Iegal representative within twenty(20)days of the appointment date. During that meeting,you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf If you and your legal representative complete a financial worksheet in the format attached hereto,the legal representative will prepare and a Request for Conciliation Conference with the Court,which must be tiled 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 out 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 requested financial information so that a loan resolution proposal can be prepared 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 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 out reasonable arguments 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. Respectfully submitted: Date Allison F. Zuckerman,Esq,, Id.No.309519 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas 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 counseling agency. Please provide the following information to the best of your knowledge: CUSTOMER/PRIMARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: • Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address.(if different): City: State:_........._Zip; , Phone Numbers: Home: .._.a... Office: Cell: Other: Email: #of people in household: How long? CO-BORROWER Mailing Address: _ City: State.._....�Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage I Sende : Type of Loan: Loan Number: Total Mortgage Payments Amount: ........................................................ included Taxes&Insurance: .................................. Date of Last Payment: Prinia y° Reason for Det tlilt.: Is the loan in Bankruptcy? Yes Li No in If yes, provide names, location of court, case number&attorney: Assets Amount Owed: Value: Home: $ _, $_„_„...„„.._ Other Real Estate: $ $ Retirement Funds: $ S Investments: Checking: $ .__._._.. __.... $_.._.......____...___.___...._.,. Savings: Other: $ $ Automobile#1: Model:. Year: Amount owed: Value: Automobile#2: Model: Year: Amount owed: Value: Other transportation(automobiles, boats,motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: ................................._......................................:...................................__Monthly Gross__.................._......................_......... .._Monthly Net 2. _ Monthly Gross_ Monthly Net 3..__.... Monthly Gross.._....... .Monthly Net_.__........._ Additional Income Description(not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT j EXPENSE AMOUNT Mortgage age F ovd 2 Mortgage ? Utilities Car Payment(s) Condo/Neigh. Fees • Auto Insurance Med. (not covered) Auto fuel/repairs I Other prop. payment ........... Install Loan Payment Cable TV x Child 5tpport/Atim. � Spendlil 'Money DayfChild Care'!"u it. i Other Expenses Amount Available for Monthly Mortgage Payments Based on Income& Expenses: Have you been working with a Housing Counseling Agency? Yes L No — If yes,please provide the following information: Counseling Agency:..,_,,... __..,.._. ___..._ Counselor: Phone (Office): w : Email: Have you made application for Homeowners Emergency Mortgage Assistance Program(HEMAP) assistance? Yes — No n 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 known, regarding your lender and lender's loan servicing company: Lender's Contact(Name): Phone: Servicing Company(Name): Contact: Phone: l/We; , authorize the above named to use/refer this information to my lender/serviecr 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 counseling services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's • counsel: 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 YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 I,IBERTY AVENUE CARLISLE,PA 17013 (717)249-3166 (800)990-9108 PHELAN HALLINAN, LLP ATTORNEY FOR 'PLAINTIFF Allison F. Zuckerman, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center'Plaza Philadelphia, PA 19103 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK,N.A. 3476 STATE VIEW BOULEVARD CIVIL DIVISION FORT MILL, SC 29715 Plaintiff, NO.: vs. SALLY J. NORRELL-SMITH, IN HER CAPACITY AS ADMINSTRATRIX AND HEIR OF THE ESTATE °KRAIG M. SMITII 285 PLAZA DRIVE BOILING SPRINGS, PA 17007-9433 MARSHALL J. SMITH, IN HIS CAPACITY AS 1IEIR OF THE ESTATE OF CRAIG M. SMITH 285 PLAZA DRIVE BOILING SPRINGS, PA 17007-9433 MILES J. SMITH, IN HIS CAPACITY AS HEIR OF Ti IF ESTATE OF CRAIG M. SMITH 285 PLAZA DRIVE BOILING SPRINGS, PA 17007-9433 V1 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND AU, PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, 'ITTLE OR INTEREST FROM OR UNDER CRAIG M. SMITH, DECEASED 1148 MYERSTOWN ROAD GARDNERS, PA 17324-9040 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 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff). 2. The Defendants, SALLY J. NORRELL-SMITH, MARSHALL J. SMITH and MILES J. SMITH, are individuals whose last known address are 285 PLAZA DR, BOILING SPRINGS, PA 17007-9433. 3. The Defendant, UNKNOWN HEIRS. SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CRAIG M. SMITH, DECEASED, is an individual whose last known address is 1148 MYERSTOWN ROAD, GARDNERS, PA 17324-9040, 4. WELLS 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 5. On or about September 28, 2006, CRAIG M. SMITH made, executed and delivered to MORTGAGE ELECTRONIC R.EGISTRATION SYSTEMS, INC. AS A NOMINEE FOR HOWARD HANNA MORTGAGE SERVICES a Mortgage in the original principal amount of $104,000.00 on the premises described in the legal description marked 062-1),\ Exhibit "B", attached hereto and made a part hereof Said Mortgage being recorded in the Office of the Recorder of CUMBERLAND County in Book 1 967, Page 3450. 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 May 3 I, 2012,. the mortgage was assigned to WEC.,LS FARGO BANK, N.A. which Assignment is recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 201216238. 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. Mortgagor CRAIG M. SMITH died on May 21, 2012,. and SALLY J. NORRELL- SMITH was appointed Administratrix of his estate. Letters of Administration were granted to her on .Tune 4, 2012 by the Register of Wills of Cumberland County, No. 21-12-0621. Decedent's surviving heirs at law and next-of-kin are SAI...LY J. NORRELL SMITH, MARSHALL J. SMITH and MILES J. SMITH. 8. Defendants are in default under the terms of the aforesaid Mortgage fur, inter alia, failure to pay the monthly installments of principal and interest due April 1, 2012. f)61% . ; .. . .. 9. As of February 11, 2013. the amount due and owing Plaintiff on the mortgage is as follows: Principal Balance $ 96,545.69 Interest 03/01/2012 Through 02/11/2013 $ 5,810.52 Late Charges $ 129.76 Property Inspections $ 105.00 Escrow Deficit $ 940.93 TOTAL $ 103,531.90 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 Plaintiffs 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). 11. The mortgage premises are vacant and abandoned. 12. Plaintiff does not hold the named Defendants, SALLY J. NORREL.I..,-SMI.'T H, IVIARSHALI, J. SMITH or MILES J. SMITH, personally liable on this cause of action. This action is being brought to foreclose the interest of the said Defendants in the aforesaid real estate only, and the Defendants have been named in accordance with the requirements of .Pa R.C.P. 1144(a)(2)and 20 Pa.C.S.A. § 301(b). 13. 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$ 103,531.90 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: Ally n 1; ,.: uekerm n Esq., Id. No.309519 At rney for Plaintiff PA v3 Exhibit "A" NOTE ,SCPUMEER 2*, 2004 CAMP 1HIt,L, ELV a'TA tOatsI [City) !State) 1148 MyeretO 5 Road, aardnera, PA 17324 [Property addresat 1. BORROWER'S PROMISE TO PAY 7' In return fora loan that 1 have received,I promise to pay U,S, $104;000.00 M amount is called"Principal"), Lender.plus Interest,to the order of the The[ender is Romeo HAalk.HolrrGlw�i"setlVXC&S, A • P1Jl 8H,VANIA COaPORATIaa. I will make all payment's under the Note in the tore of cash,check or money order, I understand that the lender may transfer this Note.The Lender or anyone who takes This Note by transfer and who is entitled to receive payments under this Note is called the`Note Holder.' 2. INTEREST . Interest will be charged o unpaid principal until the full amount of Prinolpal has been paid.I ale pay interest at a yearly rateef 6.3796. The interest rate required by this Section 21s the rate I will pay both before and after any default described In Section. 6053 of this Notes. 3. PAYMENTS (A)Time and Place of Playmates I will pay principal and interest by making a payment every month. I wet melte my monthly payment on the lere day or each month beginning on Ventage 1, 2006. lw$l make thrao pa monte ovary month until I have paid ofof principaaand Interest and artyother chergesdescribed below that 1 may owe under this Note.Each monthly payment will be applied as of its scheduled due date and will be applied tb Interest before Principal,if,on =roam 1, 2034, Islet owe amounts under this Note,1 will pay those amounts in fur on that dale,which is called the`Maturity Oats." I will make my monthly payments at 119 Ga1001. DRIVE PITTUU CA1, Pa 1523* or at a ditfererlt place If required by the Nate Holder. (U)Amount of Monthly Payments My monthly payment will be in the amount of U.S. 964*.112. 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due.A payment of Principal only is known as a'Prepayment."When I make aPrepayment,I WIA teethe Note Holder Invoking that 1 em doing so.I maynot designate a payment as a Prepayment If 1 have not made all the monthly payments,duo under the Note. I may make a lull Prepayment or partial Prepayments without paying a Prepayment charge.The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note.However,the Note Heider 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 I make a partial Prepayment,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. b. LOAN CHARGES, It a law,which appfiee to this loan and which sets maximum ban charges,Is itnaily Interpreted so that the Interest or other lean charges collected or to be collected In connection with this loan exceed the permitted!bete,then;jay any such loan charge shell he reduced by the amount necessary to reduce the charge to the permitted time;and jb)any sumo already calloe/tee from me which exceeded permitted limas will be refunded to me.The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me.H a refund reduces Principal,the reduction will be treated as a partial Prepayment. 0. BORROWER'S FAILURE TO PAY AS REQUIRED jA)Late Charge for Overdue Payments IF the Note Holder has not received the full amount of any monthly payment by the end of 13 calendar days alter the data It Is due,I wili'pay a late charge totter Note Holder.The amount of the charge wit be 5.00,R of my overdue payment of principal and interest.I will pay titan late charge promptly but only encode each late payment, (B)Default if I do not pay the full amount of each monthly payment on the date it is due,I will be in default (C)Notice of Default It I am In default.the Note Holder may send me a written notice telling me that If l do not pay the overdue amount by a certain date,the Nolo Holds►may require me to pay Immediately the lull amount of Principe!which has not bean paid and all the interest that I owe on that amount.Tint dinar must be at least 30 days after the date on which the notice la mailed to me or delivered by other means. ([3)No Waiver By Note Holder Even it at time when[ern In default.the Note Holder does not require me to pay immediately in full as described bees;the Nato Holder will still have the right v do co if I cam in default at a later time, r C Teitiale, C—J MULTISTATE FTXED RATE ROTE-tip is Pamity,Fannie MoolFreddte Mae UNIFORM INSTRUMENT Porn52101101 t 14%1.2 r04Online"c.c.:wrri4lnc. Page 1 of Z reeseke wet 1 . 41,?4■,- .". ' was • (E)Payment of Nets Holder'e Costs and Expenses if Note Holder has required me to pay intmodiately in fun as described'above,the Note Holder will have the right to be paid back by me for all of Its coats and expenses in enforcing this Note to the extent not prohibited by applicable law,Those expanses include,for example,reasonable attorneys'lats. 7. GIVING OF NOTICES Unless applicable law requires a different method,any notice that must be given to me under this Note will be given by delivering it or by malting it by teat class mall to ma 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 nettling it by first class mall to the Note Holder at the address stated in Section 3(A)above or at a different address if I am given a notice of that different address. I , IL OSUCIATtONS OF PERSONS UNDER THIS NOTE if more than one person signs this Note,each person Is fully and personal obligated to keep WI of the promises made in this Note,Including tut promise to pay the fud amount owed.Any person who is ague:suitor,surety or endorser otthls Notate 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 allot the promises made In this Note.The Note Holder may enforce its rights under this Note against each person Individually or against all us together.This means that any one of us may be required to pay all of the amounts owed under this Note. 0, WAIVERS i I and any other person who has obligations under ibis Note waive the rights of Presentmesit and Noticed Dishonor. 'Presentment'means the right to require the Note Holder to demand payment of amounts duo.'Notice of Dishonor' means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10,UNIFORM SECURED NOTE , Thle Nate Is a uniform instalment with limited variations in some Jurisdictions.In addition to the protections given to the Note Holder under this Note,a Mortgage.Deed of Trust,or Security Dried(the"Security Instrument"),dated the same date as this Note,protects the Note Holder from possible kisses which might Insult if I do not keep the promises which I make kt this Note.That Security Instrument describes how and unclerwhat conditional may be required to make Immediate payment in full of all amounts I owe under lee Note.Some of those conditions are described as follows: If all or any part of die Property or any interest In the Property 4 sold or transferred(or if Borrower is note natural person and a beneficial interest in Boirower Is sold or transfernid)without Lender's prior written consent. Umder may require Immediate payment In full of all sums secured by this Security Instrument However,this option shall not be exercised by Lender if such exercise Is prohibited by Applicable taw. If Lender exerolseathla option,Lander shall give Borrower notice of ecooleration.The notice shall provide a period of not less than 90 days from the date the notice is given in accordance with Section 15 within which Borrower mustpay all sums secured by this Security Instrument.ff BOrMwer fails to pay these sums prior lathe expiration of this period,Lender may invoke any remedies permitted by this Security Moment witheer further notice or dernanclan Borrower. 1 WITNESS THE HAND(S)AND SEAL(S) F THE UNDERSIGNED, gi a / frp, t li;) /1,1 sii J4., ..-// (B eal) ICRAIG M SMITH ( PAY TO THE ORDER Of WELLS FARGO RAN N wzmout RECOTA.- .4, __,., .',■!, I' 01, akt 1,1)4M a ib, .._,,,,.. -71,1r-1,777..turr ;7.1,--- ---- NOTE DATE:9/28/2006 WITHOUT RECOURSE PAY TO THE ORDER OF: Franklin American Mortgage Company wromot REG"'ASE PAY TO THE OF176?Of ITS ASSIGNS AND/OR SUCCESSORS Wells Fargo Bans.N.A. B 44:14014:77.1 . HOWARD HANNA MORT JADE ERVICES Y, Mona Mare:. i .01 Vice President BY: 4111 — ir _ KEVIN I.LAIRD.VICE-PRESIDENT iSign Original Only) MULIISTATE POLED RATE NOTE.51r.0a R.r-i*,,Oakrtla Mauft'vockfls Mao UNtr ORM LIOTRUMEHT Corm 541)41ln I .r".,SC'-24 Oft4ns er,csomrkt inc. Page 2 of 2 F,:ic",t,...1° 04'4 A F. i “By LEGAL DESCRIPTION ALL THAT CERTAIN LOT or piece of land situate in Dickinson Township, Cumberland County, Pennsylvania,bounded and described in accordance with a survey and plan thereof made by Noel B. Smith, Registered Surveyor dated April 17, 1973,. as follows: BEGINNING at a point, marked by a nail in the center of Township Road No. 524 at a corner of land now or formerly of Chester Sowers;thence along the center line of said Road, South 03 degrees West 150 feet to a nail at the corner of land now or formerly of Larry Crum;thence along said land now or formerly of Crum, North 56 degrees 30 minutes West 200 feet to a stake in line of land now or formerly of Melvin Geisinger;thence along said land, North 03 degrees East 150 feet to a stake in line of aforesaid land now or formerly.of Chester Sowers;thence along said land South 56 degrees 30 minutes East 200 feet to the point and place of BEGINNING. UNDER AND SUBJECT to all conditions, easements, restrictions, reservations and rights of way of record. PROPERTY ADDRESS: 1148 MYERSTOWN ROAD, GARDNERS, PA 17324-9040 PARCEL#0840.-2650-014. ?05442 VERIFICATION Denise Goldston, hereby states that he,@ is Vice President Loan Documentation •of WELLS FARGO BANK,N.A., plaintiff in this matter,that helms 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 his aer',inIbrination 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. c . Name: Denise Goldston Title: Vice President I:.,oan.Documentation. Company: Wells Fargo Bank,N.A. Date: 02/13/2013 086-PA-V2 le"305442 Request for Service R. Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle,PA 17013 Ph: 717.240.6390 Fx: 717.240.6397 WELLS FARGO BANK, N.A. Court Number: Expiration Date: Type of Action: Mort.a_e Foreclosure Complaint Defendants: SALLY J.NORRELL-SMITH,MARSHALL J. SMITH,MILES J. SMITH,UNKNOWN HEIRS, SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER CRAIG M. SMITH,DECEASED Serve Upon: SALLY J.NORRELL-SMITH Address for Service: 285 PLAZA DR BOILING SPRINGS,PA 17007-9433 Alternate Address for Service: 1148 MYERSTOWN ROAD GARDNERS,PA 17324-9040 Type of Service: ❑ Personal ❑ Adult in Charge ❑ Deputize ❑ Certified Mail ❑ Posting(copy of court order required) Special Service Instructions: **If service is to be made by deputized service to another county please specify which county, Filing Attorney's Information: Name: Phelan Hallinan, LLP /attorneyName/ Address: 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Telephone- 563-7000 x 1482 Request for Service R. Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle. PA 17013 Ph: 717.240.6390 Fx: 717.240.6397 WELLS FARGO BANK, N.A. Court Number: Expiration Date: Type of Action: Mortgage Foreclosure Complaint Defendants: SALLY J.NORRELL-SMITH,MARSHALL J. SMITH, MILES J. SMITH, UNKNOWN HEIRS, SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER CRAIG M. SMITH,DECEASED Serve Upon: SALLY J.NORRELL-SMITH Address for Service: 1148 MYERSTOWN ROAD GARDNERS,PA 17324-9040 Alternate Address for Service: 285 PLAZA DR BOILING SPRINGS,PA 17007-9433 Type of Service. ❑Personal ❑ Adult in Charge ❑ Deputize ❑ Certified Mail ❑ Posting(copy of court order required) Special Service Instructions: **If service is to be made by deputized service to another county please specify which county_.__ _. Filing Attorneys Information: Name: Phelan 1-Iallinan,LLP /attorneyName/ Address: 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Telephone. 215-563-7000 x 1482 Request for Service R. Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle,PA 17013 Ph: 717.240.6390 Fx: 717.240.6397 WELLS FARGO BANK,N.A. Court Number: Expiration Date: Type of Action: Mortgage Foreclosure Complaint Defendants: SALLY J.NORRELL-SMITH,MARSHALL J. SMITH,MILES J. SMITH,UNKNOWN HEIRS, SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CRAIG M. SMITH,DECEASED Serve Upon:MARSHALL J. SMITH - Address for Service: _..__...._ 285 PLAZA DR • BOILING SPRINGS,PA 17007-9433 Alternate Address for Service: 1148 MYERSTOWN ROAD GARDNERS, PA 17324-9040 Type of Service: ❑ Personal ❑ Adult in Charge ❑ Deputize ❑ Certified Mail ❑ Posting(copy of court order required) Special Service Instructions: **If service is to be made by deputized service to another county please specify which county_ ___._............._................._�__.._....� ..... _.......... ....• Filing Attorney's Information: Name: Phelan Hallinan, LLP lattorneyNamel Address: 1.617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Telephone: 215-563-7000 x 1482 Request for Service R.Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA 17013 Ph: 717.240.6390 Fx: 717.240.6397 -- WIILS FARGO BANK,N.A. Court Number: Expiration Date: ........, Type of Action: Mortgage Foreclosure Complaint Defendant/s: SALLY J.NORRELL-SMITH,MARSHALL J. SMITH, MILES J. SMITH,UNKNOWN HEIRS, SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER CRAIG M. SMITH,DECEASED Serve Upon: MARSHALL J. SMITH Address for Service: • . 1148 MYERSTOWN ROAD GARDNERS,PA 17324-9040 Alternate Address for Service: 285 PLAZA DR BOILING SPRINGS,PA 17007-9433 Type of Service: D Personal 0 Adult in Charge 0 Deputize Q Certified Mail 0 Posting(copy of court order required) Special Service Instructions: **If service is to be made by deputized service to another county please specify which county Filing Attorney's Information: Name: Phelan Hallinan, LLP /attorneyNarne/ Address: 1617 WK.Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Telephone: 215-563-7000 x 1482 „...„ Request for Service R. Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle,PA 17013 Ph: 717.240.6390 Fx: 717.240.6397 WELLS FARGO BANK.N.A. Court Number: Expiration Date: Type of Action: Mortgage Foreclosure Complaint Defendant/s: SALLY J.NORRELL-SMITH,MARSHALL J. SMITH, MILES J. SMITH,UNKNOWN HEIRS, SUCCESSORS,ASSIGNS,AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CRAIG M. SMITH,DECEASED Serve Upon: MILES J. SMITH Address for Service: 285 PLAZA DR BOILING SPRINGS, PA 17007-9433 Alternate Address for Service: 1148 MYERSTOWN ROAD GARDNERS, PA 17324-9040 Type of Service: 0 Personal 0 Adult in Charge 0 Deputize 0 Certified Mail 0 Posting(copy of court order required) Special Service Instructions: **If service is to be made by deputized service to another county please specify which county Filing Attorney's Information: Name: Phelan Hallinan, LLP /attorneyName/ Address: 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Telephone: 215-563-7000 x 1482 Request for Service R. Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle,PA 17013 Ph: 717240.6390 Fix: 717.240.6397 ............. WELLS FARGO BANK,N.A. Court Number: Expiration Date: Type of Action: Mortgate Foreclosure Corn Taint Defendant/s: SALLY J.NORRELL-SMITH, MARSHALL J. SMITH,MILES J. SMITH,UNKNOWN HEIRS, SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CRAIG M. SMITH,DECEASED Serve Upon: MILES J. SMITH Address for Service: • 1148 MYERSTOWN ROAD GARDNERS, PA 17324-9040 Alternate Address for Service: 285 PLAZA DR BOILING SPRINGS, PA 17007 9433 Type of Service: ❑Personal ❑ Adult in Charge ❑ Deputize ❑ Certified Mail ❑ Posting(copy of court order required) Special Service Instructions: **If service is to be made by deputized service to another county please specify which county.......... .. Filing Attorney's Information: Name: Phelan Hal.linan, LLP /attorneyNanie/ Address: 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Telephone: 215-563-7000 x 1482 Exhibit "E" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS CIVIL DIVISION V. NO. 13-1113-CIVIL SALLY J.NORRELL-SMITH, IN HER CAPACITY AS ADMINSTRATRIX AND CUMBERLAND COUNTY HEIR OF THE ESTATE OF CRAIG M. SMITH ET AL. ORDER ,µ AND NOW, this day of , 241am 3, upon consideration of Plaintiff's Motion for the Appointment of a Guardian Ad Litem for defendants, MARSHALL J. SMITH and MILES J. SMITH, Heirs of CRAIG M. SMITH, Deceased, and any Response thereto, it is hereby ORDERED and DECREED that the Court appoints SALLY J. NORRELL-SMITH as Guardian Ad Litem for MARSHALL J. SMITH and MILES J. SMITH, Heirs of CRAIG M. SMITH,Deceased, in the mortgage foreclosure action. BY THE COURT: J 799204 I N 11 ft!: („',OLRT OF COMMON PLEAS OF CU MB ERLAM) COUNTY; PENNS YI,VAN I A WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS CIVIL DIVISION V. NO. 13-1113-CIVIL SALLY J.NORRELL-SMITII, IN HER. CAPACITY AS ADMINSTRATRIX AND CUMBERLAND COUNTY HEIR OF THE ESTATE OF CRAIG M. SMITH ET AL. ALTERNATE ORDER AND NOW, this day of , 2013, upon consideration of Plaintiff's Motion for the Appointment of a Guardian Ad Litem for defendant, MARSHALL J. SMITH and MILES J. SMITH and any Response thereto, it is hereby ORDERED and DECREED that the Court appoints appropriate counsel as follows: as Guardian Ad Litem for MARSHALL J. SMITH and MILES J. SMITH in the mortgage foreclosure action; and ORDERED and DECREED that Plaintiff shall pay said Guardian the total sum of $250.00 due to said appointment. BY THE COURT: 799204 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK,NA, COURT OF COMMON PLEAS CIVIL DIVISION V. NO. 13-1113-CIVIL SALLY J.NORRELL-SMITH, IN HER CAPACITY AS ADMINSTRATRIX AND CUMBERLAND COUNTY HEIR OF THE ESTATE OF CRAIG M. SMITH Er AL. MOTION FOR THE APPOINTMENT OF GUARDIAN AD LITEM FOR MINOR DEFENDANT MARSHALL J. SMITH'and MILES J. SMITH Plaintiff, WELLS FARGO BANK, N.A. by and through its counsel, Phelan Hallinan, LLP, respectfully requests that, pursuant to Pennsylvania Rule of Civil Procedure 2053, this Honorable Court enter an Order appointing a Guardian Ad Lifern for MARSHALL J. SMITH and MILES .1. SMITH in the above captioned action for the following reasons: 1. On September 28, 2006, CRAIG M. SMITH made, executed, and delivered a mortgage upon the premises at 1148 MYERSTOWN ROAD, GARDNERS, PA 17324-9040. 2. The loan is in default as payments due April 1, 2012 and each month thereafter are due and unpaid. 3. Real Owner CRAIG M. SMITH died on May 21, 2012, and SALLY J. NORRELL-SMITH was appointed Adininistratrix of his estate. Letters of Administration were granted to her on June 4, 2012 by the Register of Wills of CA JMBERLAND County, No. 21-12- 7992°4 0621. Decedent's surviving heir(s) at law and next-of-kin are SALLY .I. NORRELL-SMITH, MARSHALL J. SMITH and MILES J. SMITH. A copy of the estate documents, which have been redacted to remove personal identifying information, are attached hereto, made part hereof, and marked as Exhibit "A". 4. Plaintiff performed a Good Faith investigation in an attempt to identify and locate the heirs of CRAIG M. SMITH. Plaintifrs Investigation located an Obituary for CRAIG M. SMITH. The Obituary states the deceased borrower is survived by his wife and two children, SALLY J. NORRELL-SMITTI, MARSHALL .1. SMITH and MILES J. SMITH Heirs of CRAIG M. SMITH, Deceased. Attached hereto, marked as Exhibit "B" is a true and correct copy of Plaintiffs Affidavit of Good Faith Investigation. 5. By letter dated August 27, 2012, Plaintiff contacted SALLY J. NORRELL- SMITH, MARSHALL J. SMITH and MILES J. SMITH to inform them of the foreclosure action. Plaintiff attached with its letter a Waiver by Heir of Right to be Named as a Defendant. Plaintiff also requested information regarding the heirs of CRAIG M. SMITH. Attached hereto, • marked as Exhibit "C" isa true and correct copy of Plaintiffs letter.' 6. On February 28, 2013, Plaintiff filed an Action in Mortgage Foreclosure. Attached hereto, marked as Exhibit "D" is a true and correct copy of the Complaint in Mortgage Foreclosure. 7. Upon information and belief, MARSHALL J. SMITH and MILES J. SMITH, Heirs of CRAIG M. SMITH, are minors and there parent and natural guardian is SALLY J. NORRELL-SMITH. 8. By letter dated October 2, 2013, Plaintiff contacted SALLY J. NORRELL-SM1TH to request that she consent to guardianship to expedite the resolution of the foreclosure action 196,1 because she is the parent and natural guardian of MARSHALL J. SMITH and MILES J. SMITH. To date, Plaintiff has not received a response to said letter. A true and correct copy of Plaintiff's letter is attached hereto, marked as Exhibit "E." 9. Plaintiff, a foreclosing mortgagee, is required under Pennsylvania law to move for the appointment of a Guardian Ad Litem for MARSHALL J. SMITH and MILES J. SMITH before entering its In Rem judgment. 10. As Plaintiff has ascertained that MARSHALL I SMITH and MILES J. SMITH are minors, in accordance with Pa.R.C.P. 2031 (b) (4), Plaintiff has filed this within Motion to request this Honorable Court appoint a guardian for them. 11. As SALLY J. NORRELL-SMITH, is believed to be the parent and natural guardian of MARSHALL J. SMITH and MILES J. SMITH and because Plaintiff does not know of a more appropriate nominee, it is requested that he be appointed Guardian M Litem in this action. WHEREFORE, it is respectfully requested that this Honorable Court appoint SALLY J. NORREL-SMITH or appropriate counsel, as Guardian Ad Litem for MARSHALL J. SMITH and MILES SMITH in this action. • PHELAN HALLINAN, LLP , . Dated: . By: . joriAan Lobb, Esq. Id. No. 312174 Attorneys for Plaintiff N92o4 Phelan Hallinan, LLP 1617 NE, Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS CIVIL DIVISION NO. 13-1113-CIVIL SALLY J. NORRELL-SMITH, IN HER CAPACITY AS ADMINSTRATRIX AND CUMBERLAND COUNTY HEIR OF THE ESTATE OF CRAIG M. SMITH ET AL. PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION FOR APPOINTMENT OF GUARDIAN AD LITEM FOR MINOR DEFENDANT MARSHALL J. SMITH and MILES J. SMITH Pa.R.C.P. 1144 (a) (h) requires that the Plaintiff name as Defendants in an action of Mortgage Foreclosure the real owners of the property. The record owner of the subject property is CRAIG M. SMITH, Real Owner CRAIG M. SMITH died on May 21, 2012, and SALLY J. — NORRELL-SMITH was appointed Administratrix of his estate. Letters of Administration were granted to her on June 4, 2012 by the Register of Wills of CUMBERLAND County, No. 21-12- 0621. Decedent's surviving heir(s) at law and next-of-kin are SALLY J. NORRELL-SMITH, MARSHALL J. SMITH and MILES J. SMITH. Because MARSHALL J. SMITH and MILES J. SMITH are minors, the Court is required to appoint a guardian for them upon petition. See Pa.R.C.P. 2031 (b) and 2027. To ensure the interests of the said Minor Heirs will be properly represented, a guardian Ad Litem must be appointed to represent her in the mortgage foreclosure action, Pursuant to this 'N9'204 requirement, SALLY J. NORRELL-SMITH is believed to be the parent and natural guardian of MARSHALL J. SMITH and MILES J. SMITH, and because Plaintiff does not know of a more appropriate nominee, it is requested that she be appointed Guardian Ad Litem in this action. In the alternative, Plaintiff defers to the Court's Judgment as to who should be appointed Guardian Ad Litem for said Minor IIeir. WHEREFORE, it is respectfully requested that this Honorable Court appoint SALLY J. NORREL-SMITH or appropriate counsel, as Guardian Ad Litem for MARSHALL J. SMITH and MILES J. SMITH in this action. PHELAN HALLINAN, LLP Dated: f f ,11 By: Jot han Lobb, Esq. Id. No. 312174 Attorneys for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS CIVIL DIVISION v. NO. 13-1113-CIVIL SALLY J. NOR.RELL-SMITH, IN HER CAPACITY AS ADMIN STRATRIX AND CUMBERLAND COUNTY HEIR OF THE ESTATE OF CRAIG M. SMITH ET AL. CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Motion for the Appointment of a Guardian Ad Peril for MARSHALL J. SMITH and MILES J. SMITH and Brief in Support thereof, was sent via first class mail to the following on the date listed below: Sally J. Norrell-Smith 1141 Longs Gap Road Carlisle, PA 17015 PHELAN HALLINAN, LLP „ . Dated: I 0_, By: JotOran Lobb, Esq. Id. No. 312174 Attorneys for Plaintiff 9 . . . - 9 . . -. 9 9 , . , . , . . . . , , Exhibit "A" RON460D Cumberland County - Register Ot Wills Estate Inquiry File No 21 2012-00621 PA File No 21-2012-0621 Decedent SMITH CRAIG M Page 1 of FIRST ENTRY 6/04/12 PETITION FOR GRANT CF LETTERS OF ADMINISTRATION DEATH CERTIFIrATE OATH OF PERSONAL REPRESENTATIVE WSZ 6/04/12 DECREE OF PROBATE & GRANT OF LETTERS ADMINISTRATION WSZ LAST ENTRY F2=Done F12=Cancel F17-Top F18=Bottom R ._i esat —1 ,.... PETITION FOR.GRANT OF LETTERS REGISThR OF WILLS OF CUMBERI,AND COUNTY,PENNSYLVANIA Petitioner(s) named below, who is/are 18 years of age or older, appiy(ies) for Letters as specified below, and in support thereof aver(a)the following and respectfully request(s)the grant of Letters in the eppromiate farm; Decedents Information Name: CRAIG M,SM111-1 Fite No: af - 1 D - 00, -A a/k/a: (Asillgtied by Register) a/k/a: a/k/a: Social Security No11111111111_ ''— Date of Death: May 21,2012 Age at death:V -- Decedent was domiciled at death in Cumberland County,rentiselymia (Ssanr)with his/her last principal residence at I 148 Itiverstown Road.GardnemPtensylvsnia.Dieldriscii Township.Ctunberland Comte Street Winos,Pont Oilier and Zip Cade City,Teaming or Saratoga Camay Decedent died at 4; ,, i;,,t, •.t*i• :,*.:, Y • , * , ■;.*: ea•ot,...1 :II .1j $blort addlnima,Pad Mike sad 74p Cods City,Thrash*or R.r Comity tibia Estimate of value of decedents property at death: (f4fprokikvi a, a.......,...,................All personal property $ 100.00 Users doodettid is Panagyisassits, . . Pereonal property in Pennsylvania S ,(1.mn t sicatidimir be Aestwaytwurisr. ...., Peal property In County Voile of mai wets is..Penneyhania. S (t.00.. TOTAL ESTIMATED VAL1U1E.... $ 100_00 Red estate in Pennsylvania situated Ili:1148 114yerstown Road,Gardners.Dickinson Township.Cumberland County (Attack adittiavtal Aron,6 f osecrivary.) Stoma:iriktroa,Pont Onles sad Zip Coda City,newel*or Ilaroarla Cesar, 0 A. Petition for Probate and Grant of Letters Testamentary Patinanter(s)eels)hs/shelthey is/are the Exceutor(s)earned in the lam Will of the Decedent,dated a cadicto . thereto de 4.ad -41. Stets Menai drauratanaess Ow rommobaks,demob of smiennor,oft) 14, *I ...,1 Excepte follows:alter the execution ofthe instrument(a)offertxt reprobate Decedent did not marry,was not tfiw,• ...,...... .•pan^a.-., divorce proceeding wherein the gmunda for&wore had been established an defined in 23 Pa.C.S.;3323(g),end d' 4, Ire a OP•.•"' k- adopted;and Decedent was neither the victim of a killing nor ever adjudicated an ineapaeletted person. 8" 0 No,xxcarrioNs 0 totcrxrioNs 4 . ra B. Petition for Grant of Letters of Administration (I(applicable) 411 atm,d.b.n„d.b.n.c.r.a„pendent.:Iiie darner absentia,&roue minoricate If Administration,c.i.a.or d.b.n.c..t.a.,enter date of Will in Section A above and comniete list of heirs.. Except as follows: Decedent was not a patty to a pending divorce preceding wherein the grounds tin divorce had been eatabliabad as defined in 23 Pa.C.S.ll 3323(g)and we neither the victim of a killing nor ever adjudicated an indigos:Sated panda. .1%10 excernoris 0 Excerrtoiss . Pabio0000,attar a proper goala)tax/have ascertained that Decedent left no Will and was survived by the following spouse(limy)and heirs(attach ceichekmat jheatv.if neccesary): — — — Nome naletteesid. Address Salty J.Norre11-Smith Wife 285 Plaza Drive,Boiling Springs,PA 17007 Marshall J.Smith Son 285 Plaza Drive,Boiling Springs,PA 17007 ..____. --- Miles I,Smith Son 285 Plaza Drive,Boiling Springs,PA 17007 "-- -- Page 1 of2 ,V, '''c 'l t Oath of Personal Representative y Oftials)I re 11,, r--- IpEciAND OFFICE 1 COMMONWEAL%H OF PENNSYLS AMA Mtle) ktl.,:.),■,.< ,,..,,, , ,t,, ) SS, COUNTY oF CUMBERLAND 1 . . %:. L 1 I Poriti.•• s Printed Nemo Pr* ..- I)hinted Addles* ,..A. Sall 1.blorreil-Sraith 285 Plaza Drive Beilirt„S trin„. Pi 17V7 , '6 t ,-, ... Mx Petitiouer(s)above-uaraed swear(s)or affirm(s)the statements in the funseing Petition ere true and*saw to the best of the knowledge and belief of Petitioned!)and that,as Pere:eel Rept eanutativa(s)dike Dtxxslent,the Petitioner(*)will well and truly administer the owe ... to d . Sworn to or affirmed d subscribed befor . -14 I a r„4, . ,q`it / Afir me this ( da/ 4 A 62.0/- / vat met/ By: .'? , ... eir4F / —,' Data 41 ir c: Date .. . . BOND Required:0 YES CiY/1410 To the Register of ills: FEES: Please e may arasic*by nay s a tars below: $ 420•(f) C—\ Letters Alton= I,* ( 10)Short Certificate(*) L'i O.LA) ( )Rename latiou(s) ( )Codicil(s). ( )A ffidevit(e) Prbsted Name: Paul B.Orr _______ Supreme Court Other .. -.. ID Humber: 71786 _ ........ _ . . , .... Firm Nemo: Law Offices of Paul Bradford OTT .... . — Adding; 50 Mut Higb&rapt . * chtriiide..PA 17013 .............,a........1114.1.41. ..,se....... . .. . Phone: 717-258-8558 Automation Fee, . , ., „ Fax: JCS Fee. ".,?..2) ..,.31.) Entail: DECREE OF THE REGISTER Estate or cRAL0,m.s , Elk No: 02,1--Its -49(.04:2 I iiik/a;... ..........,....„._ . . .... AND NOW, ILA_ O I in considerati of the bores lag P tion. 1 satisfactory proof haY*,,? betas presented before me,IT Is DECREER ihaq/eiters ‘74 A are hereby granted to OA ii. 3 N orr ...-Li # 4 ..... ___ — .. _ in the above estate and(if applicable)that ...... _ the instrument(s)dated described in the Petition be adnartiz d to probate and filed of record a.v the last Will(and Codicii(s))of Dee r , • 1114...... . .., i i A e • As . # - f ', i. 2 ,..,,, ram P"42 rre ia,i.b.ZM Page 2 of 2 Exhibit 441199 AfFlDAvlTOr cow) FAITH [NVES{]GADn" File Number: 30e442 Attorney Firm: Phelan,e,Uiman&savu/eg,LIP Subject: [raL,m.5ni� Property Address: 11uoM/emmwnRoad, Gardens,PA 17324 1,C1ED1T INFORMATION A. SOCIAL SECURFI'Y NUMBER Our sereli verified the following information to be true and correct Craig m.Smith-xux-x^'mn2 B. EMPLOYMENT SEARCH Craig M.Smith-A review of the credit reporting agencies provided no employment information. C. |mOwmYnp(REonnKS Our inquily of creditors indicated that Craig M.Smith reside(s)at: 1148 Myorstowir Road,Cardens,PA 17324, 11,INQUIRY OF....FILEP1IONE COMPANY A, DIRECTORY ASSISTANCE SEARCH Our office terched dii ectury assistance databases,w1dcl indicated that Craig NI.Smith reo/ne(s)at:u«8 Myerstown Road,Gardners,yx1roz*.o"Vu-07-12 nor offlc made a telephone call to the subject's phone number(717)486-3475 and received the following information:not in service. D. Ou00'or-1cnu,office made u telephone call tn*possible phone number vf the auhje«Ku)(7l/),o*uzz and received the following information:not in service.Our office was unable to locate any heir for Craig;w.Smith. cO013171.1AnrSSAKCy A. Attempted m find obituary-via Iup://o".newvxvvk^,vp/ B. Found obituary publishcd 1-ay 23,2012 in the Sentinel, I.'he(Carlisle,PA).See attached, lv:nwQznnyor HEIRS AND NEIGHBORS On 08-07-12 our office was unable to locate ally information for Peylori Kitatei, relative of Craig M. suuth� On 0507-12.our office attempted to contact Sally Jo Norrell relative of Craig M.Sm:th Cr:ri33 North Woat Street,Carlisle,PA 17013,but was unable to get any phone number fur her. t,)1i 08-07....2 our office at:tempted to contact Marshall Smith, relative of Craig lvi.Smith at:285 Plaza Urve, Ltoil:ng Springs,PA 17007,but was unable to get iuiy phone number for him. On 08-07- zov,viO,,uttempteumcunt^uoxxmj.smmh,,z|au'rorcm/Kw.smimotzoupmzaunv,, Boiling Springs, pAzrnnr 1,u/ w*,unuuleoogptn"?phmmnvnvbe,/n,|./m Ott uo�7-'1zoI,office attempted to contact Clint xii-steo Smith,relative wrcruig,x^.Smith at:PO. Box 7809,Fort Lauderdale,p>.3anon'but was unable,o get any phone:number for m.o. On 08-07-12 our office attempted to contact Charlec Kirk Smith,relative m Craig wc Smith at: /a62 Nwvtl1e Red,Carlisle,i'A 17015,bin was unahl to get any phone number for him. 0^o8'0c.(z:u/o36eutie1r-id IC;/anuuCorey I_ po`c"ua1 wsrnaum�a R.; .1"a'1?m3,but v,^uu�m,leto get any pbona number for kor Of;oS-/p12our ;:fil.e^'(-cu p,"u w [\woauo*K,Snioz.po::e'`ti^l ,/[re,ip�� So`}H`^� 1.32 NoyvVlel*u^.rJ6e;lo,PA r70 `�noAougerx"yyx�m^num/,,b./u� oom+0qz our office made several phone calls in an attempt to contact Charmaine Kirk Smith,relative v(Craig m.Smith at(717)ez2-5s69,o55Dicknry Road,Carlisle,PA 17015:answering machine. 0um*m7-z2.our office made u phone call inw`attempt»ncontact Kathy M.Kirier,potential relative of Craig/w.Smith at(rlr)c50'n7so'zss Peach Glen Road T'n«o'Gardners,PAzrozm spoke with^u unidentified male wile could not confirm any heir information for the Craig.M.Smith, On 08-07-12 our office made several phone calls in an attempt to contact Tawnya Lee Bucher,potential relative of Craig M.Smith at(717)249-6701,1562 Newville Road,Carlisle,PA 17015:answering machine. On 08-07-12 our office made several phone calls in an attempt to contact Donald E.Neff,neighbor of the subject n/(727)48^-52n9,21o7x1ymsmvvo Road,Gardners,Pa173z4:answering machine. On 08-07-12 our office made a phone call in an attempt to contact Rebekah Miller,neighbor of the subject ut(rz7)*us-74z9'1zw;My,,stowu Road,Gardners,P«/rozm not inservice, nno8-o7-zz our office made several phone calls in an attempt to contact Marjorie S.Cline,neighbor of the subject at(717)000-4asr'z1«o&vyrmmw"Road,Gardners,PAzrszw:answering machine,Our office was unable to locate any heir for Craig M Smith. V. ADoDEsSImuU/xx A. NATIONAL ADDRESS UPDATE Onua'or42°a reviewed the National Address database and found the following information:Craig M. Smith-1148 Myerstown Road,Gardners,PA 17324. B. ADDITIONAL A11VE MAILING ADDRESSES Per our inquiry of creditors,the following is a possible mailing address:no addresses on file, VI.OTHER INQUIRIES A, DEATH RECORDS x:o/no-0,-1zVital Records and all public databases have a death record on file fur Craig M,Smith, VII.ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Craig M.Smith om ` B. DATE OF DF,ATh ' Craig w:Smith-o5-2z-20z *Our accessible databases have been checked and cr mi-referenced for the above named individual(s). ~Please be advised our database information indicates the subject resides at the current address. 1 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 penalties of:18 Pa CS. mxw �|m".*to irnswc>rn falsification to authorities, \ ' / +~~7 /. � / '`'-- ' OhitsArchive,com: L)ocurfient Display .Re I of ObitsArchive,com Sentinel,The(Carlisle,PA)-May 23,2012 .„.„ Deceased Name: Craig M. Smith Craig M. Smith,29,of Gardners and formerly of Loysville passed away on Monday,May 21,2012, at home. Craig was born July 24, 1982,at Camp Hill to C. Kirk Smith and Charrnaine(Kline)Smith,both of Carlisle. He was preceded in death by a brother,C. Landon Smith and his paternal grandparents,Charles D.and Esther L. (Milligan)Smith. He was an employee at Carlisle Container Company,Carlisle. Surviving in addition to his parents are his wife, Sally J. Norrell-Smith;two sons, Marshall Smith and Miles"Jake" Smith; a step-daughter, Peyton Kitner,all at home; a brother,Clint K. Smith, Carlisle; and many other relatives. A funeral service will be held at 10:30 am.Friday,May 25,2012,in the St.Paul's Lutheran Church, 5593 Shermans Valley Road,Loysville, with the Rev, Robert Yankovitz officiating. Viewing will be from 9:30 a.m. to 10:30 a.m.Friday in the church. Burial will be in the Evergreen Cemetery,Duncannon. Memorial contributions may be made to the Nickel Funeral Home,P.O. Box 910, Loysville,PA 17047 to assist with funeral expenses. Sentinel,The(Carlisle,PA) . Date:May 23, 2012 • Record Number: da2al79aacab296b83e711735e53584aeaffi1 5 Copyright 2012 The.Sentinel -cumberlink.com,457 E North Street Carlisle, PA, All rights reserved. http://w ws.v,oht.sal:chiv .cornic,a•searchlwelArchives?p_action.pom&p 2 oci&,i 3 EI:M7 8/ „ 2 Exhibit • PH.ELAN HALLINAN &SCHMIEG,LLI' 1617 HI{Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)320-0007 Fax: 215-563-3352 August 27, 2012 FtE COP? SALLY J. NORRELL-SMITH, Administratrix and Heir of the Estate of CRAIG M. SMITH 285 PLAZA DR BOILING SPRINGS, PA 17007-9433 MARSHALL J. swill, Heir of the Estate of CRAIG M. SMITH 285 PLAZA DR BOILING SPRINGS, PA 17007-9433 MILES J. SMITH, Heir of the Estate of CRAIG M. SMITH 285 PLAZA DR BOILING SPRINGS, PA 17007-9433 RE: CRAIG M. SMITH; 1148 MYERSTOWN ROAD,GARDNERS,PA 17324-9040; WELLS FARGO BANK,N.A.; PHS#305442 Dear SiriMadam(s): Kindly be advised that the Law Offices of-Phelan Hullinan & Schtnieg, UP represent, WELLS FARGO BANK, N.A., the holder of the mortgage against the above-referenced mortgaged premises. Our office has been retained to bring a foreclosure action. Our office has been informed of CRAIG M. SMITH's unfortunate death. We are sorry for your loss. As a possible heir of CRAIG M. SMITH, you may have a vested ownership interest in the mortgaged premises upon his death under 20 Pa.C.S,A, §301(h). As such, Pennsylvania law requires that you be included as a defendant solely in your capacity as heir in order to complete the foreclosure. Please be advised that you are not personally liable for the debt, as you did not execute the mortgage or note. This letter serves to afford you an opportunity to waive your right to he named as a defendant in the foreclosure action. Please find attached a Waiver which [would appreciate your executing and returning to the undersigned within fourteen (14) days of the date of this correspondence. This firm is a debt collector, Any tiforrnation we rcceive will be used for that ourpose If youi personal liability for the debt has been discharged in bankruptcy, we arc only proceeding against the real estate secured by the mortgage. If the Waiver is timely returned it will not be necessary to name you as a defendant in the foreclosure action. However, if the Waiver is not tandy returned and t s believed that you are an heir of the decedent, then our office may have no choice but to name you as a defendant in the action in order to divest any ownership interest you may have in the property, It is our understanding that Marshall ]. Smith and Miles J. Smith are minors, As such, it will be necessary for their parent or legal guardian to execute the Waiver on their behalf. Please provide legal documents stating that you are the legal guardian if sign as a legal guardian to the minor, ii will however, he necessary to name SALLY J.NODll2[J.'8M{7} as a defendant in the foreclosure action in her capacity as Adcoioixbotdx of the Estate as requIred by the Pennsylvania Rules of Civil Procedure. Again, please he advised SALLY J, NORRELLSMiTH i.s not personally liable for the debt, as aJic did not execute the mortgage or note. Our Office also requests that you please provide us with any additional heir information kvCQ&lG M. SMITH, Deceased, Thank you for your cooperation in this regard, Please note that this waiver does not preclude you from attempting to sell the subject premises and recovering any possible equity in the mortgaged premises prior to the completion o[the 5oceclonurnaction. We would encourage you to contact your awn attorney in regard to this matter. If you would like to request m payoff pc reinstatement figure, please call (215) 563- 7000, and ask for the Foreclosure Resolution Department. If you have any other questions r*gordimgthis \e�cr, please contact wrmyrowomtudveny oar§crm's %:ccedeot Department at 0 I5) 32(-0007. -~- ' � , ^ Sincerely, - ' ~' / L-_ — Attorney for Plaintiff __ _ �� lh(of�: isndc6innUuo�r, Az�icdo�omUnz«':re:�vn+iDbCuxud [nrinat pupoom. If�mo ymr�so i |iuh/|'�y for the d0:r 6uoteet bankrupCoy, nmb procen:iny,mg�/u<1:11„ r�] cxtAlcxocn'xJby/hemortgo8'; WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, MARSHALL,J. SMITH., Heir of the Estate of CRAIG M. SMITH, hereby acknowledge that I may have an ownership interest,in the property located at -1148 MYERSTOWN ROAD, GARDNERS, PA 17324-9040, in accordance with Section 301(b) o. the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S,A. Section 301(b)]. I da hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. 1141 et seq., which may be instituted by WELLS FARGO BANK, N.A., involving said property, which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure action,without any further notice of said action, including but not limited to the Sheriffs sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriffs sale of the mortgage premises. Date: By (print name) (sign name) Parent and/or Legal Guardian of Marshall J, Smith, Minor Heir of the Estate of Craig M. Smith WAIVER BY HEIR OF RIGHT TO BE NAME!) AS A DEFENDANT IN FORECLOSURE ACTION I, MILES J. SMITH, Heir of the Estate of CRAIG M. SMITH, hereby acknowledge that I may have an ownership interest in the property located at 1148 MYERSTOWN ROAD, GARDNERS, PA 17324-9040, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa,R,C,P, 114 I et seq., which may be instituted by WELLS FARGO BANK, NA,, involving said property, which property was owned by the decedent at the time of his death, 1 hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim Ibr excess proceeds generated by the Sheriffs sale of the mortgage premises. Date: By (print.narne), (sign name) Parent and/or Legal Guardian of Miles J. Smith, Minor Heir of the Estate of Craig M. Snuth . ? Exhibit "D"' ,1Upl VAIIC t.,k311,1.1. I. UI I citrtz:syr‘ 41,itzi (...,'oart of Common Pleas 1 For Pre.Oonntizry 1..':Ic Only: 1 Civil Cover Sheta 1 i I D Can n tv Dock,:::t _ 1 1 , The 1n/ r0 ation collected on this form is used solely Pr court administration purposes, This firm does not ..,oLTIcnii-rit::):•,''f,piace elle!dim: ciuci,u,rvl,',v tii ilit,'irthh.):A Or 0'/u; 1..?,ire,.,.:..`..s n'i pl f r,;` I br I(LW or rules of ;;:wri'. . „., C of Action: E Complaint li Writ of Summons Li Petition 1 E i 0 Transfer from Another Jurisdiction El Declaration of Taking ., C Lead Plaintiff's Name: WELLS FARGO BANK,N.A. Lead Defendant's Name: SALLY 3,NORRELL-SIVITIN ry‘ 1 Dollar Amount Requested: t.....1 within arbitration limits Arc money damages requested? LI Yes N No 0 (( heek on fal outside arbitration limits N Is this a Class Action Suit? LI:Yes Sal No Is this an MDJ Appeal? 0 Yes En No Name of Plaintiff/Appethint's Attorney: Allison F.ZuckermanS4q.,A„NO.3095 IS,Phelan Hallinan,LLP A LI Check here if you have no attorney (are a Self-Represented IPro Se] Litigant) . . ,.. ,.._ - Nature of the ()Ise: Place an"X"to the left of the()NE case category that most accurately describes your PRIMARY CASE.if you are malting more than one type of claim, check the one that you consider most important. TORT'do n'olin;lu'd;:Z.,77 7c;IT t) '—' Cb"NTRACT(do n ;ciu ei c7.Za':gie.n14 CIVIL APPEALS 0 Intentional Li Buyer Plaintiff Administrative Agencies ED Malicious Prosecution 0 Debt Collection: Credit Card : Cl Board of Assessment i Ei Motor Vehicle LI Debt Collection: Other El Board of Elections Li Nuisance • Li Dept.of Transportation L Premises Liability - El Statutory Appeal:Other 0 Product liability(does not inctude mass tort) ' El Erni);oymeni Dispute: ! • 1 LI Slande,d1„,ibei!Defamation Discrimination D Other: : Li Employment Dispute:Other LI nir,,g Bo,a;d 1 IT)Other: 1' I ASS TORT 0 r--. . .,,,,s[•,,,,,,a,:,,,, rrae, ,,,,, . . . LI roxic 1,.'(w !..,•4,..S !'I oxic To:t i,,,nr,im: I 1 REA I, PROP[RE lISCEIJANEOUS iHicritnr‘iii I C?..,:i.,nr;' 1,aw/S.;uu',ory ,,,%1 Ynt,..d1],.,; 13 r !(.a1;1, Li Fnlirwn 1,X,frmin0Cencicrnilati • 1 , : N:CA.:1r 11,,iry :,d.,,,,,,,,,t It :. earn I.,)isylic; 1 1 i No.11.4.x,Ine,LH;2-,(;!,'0;on, S .,I E., t',40m1.gagC I'CflVCIOSUI 0: .R,: ide'ilHal I R(3irair;;11g Oita Li Mottwe For,.: i•usur,:: CorrIncrci;:ii 1 I Li Quo Warra,J: , 1 PROFVSSIO1kLA„I, LI ABILTIN ' artiti,ri i ! 1 1 Re'01,,win ,- ! ri P: I...,,,i Quiet Tit to i E S - ' Il , • i • • , • %1%,*' , '-', 2;,,• I'0101 I ih THE:,(.1OURT OF COMMON Pl..:IIAS FA P60[`+AN Nf ,,. Ct. CIIM?31si<L.,ANI)COUNTY, PENNSYLVANIA I'laia?t (tis) vs. SALLY J,N(.)i .Li,-SMI'1'1I, in her capacity as Admiuistratrix and I Ieir of the Estate of CRAIG tel SMI'1'!I MAR.SII.AI...l.,J, StvIITII, in his capacity as Moir of the Estate of CRA IC, M.SMI CH MILES .1.StvIITF{., in his capacity as heir of the Estate of CRAIG `it, SMITIJ UNKNOWN 11E 1R SUCCESSORS,ASSIGNS, AND ALl.PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIG]IT,'IT fl,l OR IN 1ER.t S'I'YR.C)M OR.1.1ND1:f CRAIG M. SMI"GI, DECEASED Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could came you to lose your home. tt you own and live in the residential property which is the subject of this fcreciosure action,you may be able to participate in a cam/I-supervised conciliation conference in an effort to resolve this matter with your lender. if you do not have lawyer,you must take the following steps to he eligible for a conciliation conference, First, within twenty(20)days of your receipt of this notice,you must contact MidPenit Legal Services at(717)243-9400 extension 2510 or 0800) 822-5288 extension 2510 turd request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative,you must promptly meet with i.hut legal representative within twenty(20)days of the appointment date. During that meeting.,you must provide the legal representative with all requested (matte lei iniitrintilic_rr, so Unit a loan resolution proposal can be prepared on your behalf., Ifyoc:an]your legs] repr°esernonve conp tetc.a financial worksheet in the Pin oat attached hereto,the legal representative will prepare and at Request for Conciliation Conference with the Cour?., which inert he filed with the Court within sixty(60)days of the sc i v:en:von you f:the foreclosure complaint. 1f you do sir and a coned itition conference is scheduled,you will have an oppo tuna to riu:-t sy: h a reprise ntstl ye isf your lender in an attempt to work out reasonable arrangements with your lender befc:rc: the mortgage foreclosure suit procc:'ds forward. 1f you ore represc'ntett by ;c lawyer-,you :rnd your lawyer most talce the following steps to he eligible for zt conciliation comi eonce_ I: is not t:,,:° ;a.; for y oLt to a onc:t:M'.1I'•':rt.n 1 gi l ti i i ;et the sp''cti trier r,of's!ic)5t reps .11:3 v_ riet'we5 r,you'inust provide your!e Byer ith all roil ? Einar+oral ,morns ct:,:c that it loin rc;olL,!lar: proposal can h r ,on,,r! ON If y'cu inid your,iiwy:r complete a ITharicial worksheet the torn. ittic' f;i hereto, u(5 IM:'/c1 1■.e,,...,, <'r -1 file a !1r;lit '' rcmiciliatttv C'ottict,:tn<:e t,.ac the Court, which..t..,- tic.filed seniiiin sixty(,00) ']ays e,. ct:c v ieO 01)011}?n:Of the ft cclosurr orrahiaint_If you do so and a eor eilii a'ic,tu c.oyticrenc'e a; ice] rdeled,you iv:it liner.-;n ogportimit; to meet with u representative of your!ender in art tittets:'t to work.out reasonable iri'otric,iii(with P 1,,i l lecdui the mortgage tgage foreclosure soil proceeds toward. IF YOU WNIt To SAVE YOUR.NOME,YOU t MTiS'I•ACT QUICKLY AND TAKE T'IIE STEPS REQUIRED IBY'YIDS NOTICE. Tills PRO(:,RAM IS FREE,. Respectfully submitted Allison i'. / , .:,:iii, ., l�i `., <i,c��ic) • • Irr, Cumberland County Residential Mortgage Foreclosure 1)iversion Program Fin ancial orksht et Dow Cumberland Cutty Court of t,ouimon Pico, Do_kot BC.,T,ROWER REV,JESI i OR IARTAIIIP AssisTA :( "Co complete your request for hardship assistance,your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: It,,,10111FACTIZIN1 AR% ITILICANE Borrower name(s): Property Address: City: Zip: Is the property for sate? Yes El No CI] Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes Li No Li Mailing Address,(if different) City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: ii of people in household: How long? i-iioitito‘Vi, Mailing Address City: State._ Zip: Phone Numbers: Home: Office: Other: Email: of people in household Flow long? FINANCIAL INFORMATiON ho ,A;ner cypc of 1,oun, oan You Closed You:- S.,_;cor,d no of I oar, (_m =ns„,r, s ilciaciod Taxes ,St InS■11,1P0‘., Cot. t)H P Is the loan in Bankruptcy? Yes LI Na Li if ye.s. ;:n'uvicic lum,,,:, iocat..on of::,ok:rt, case fl W.IlbC1 &.;%.1 ti:Orfley Assets Amount Owed: Value: Home: Other Real Estate-. 4. $ Retirement Feeds: $ $ investments: ',i; $ Checking; $ $ Savings: $ $ .j.,,, Other: $ Automobile#1: Model: . .......„... , Amount owed: Value: Automobile#2: Model: , Year: Amount owed: Value: ::.....„_...... . . ... . Other transportation(automobiles,boats motorcycles): Model:,... ........ „..._ . . Year: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2, Monthly C.iross Monthly Net 3, Monthly Gross _;;Monthly Net Additional Income Description(not wages): monthly amount: 2. monthly amount: Borrowe Pay.1..I. :y5: of3oruwer Pay 1).?..,,is: i'Nil )r!;t:lklv:J.:xpgr,,.9.10.:.,..(P1;:ms (:)1..i.r PICkdc UY.p.:..11PS y)i.: 311:. CiAn ently pay 1 EXPENSE ; AMOUNT EXPENSE 1 AMC)UNT ; , 1 . Food . , , 2'1 M ev ltn :• „ ; 1,..Jtilities .. i Condo/Neigh,Fees Car Paymen (s • , , I Auto Insurance . Med.(not covered) 1 Auto fuoricte&s 1 I Other root), payment i ... I Install, I An ILsrmu 1 Cable TV Child Sport/Ai lli . : Spvilkling Morley !..Iw'vrtiii)d :Thr.,-gluil. • 0th.::' 1;xpt.‘,rox a Arnow: A ble hr Monthly Nlortgage i'L',.yrefsLc, Bascd on Income &. I'xp:n-;:ies: Iiiive you riee.n. w,...-.1r;,...ng ,,,,,,:t11. ;2, Huusing(‘..ourisc..;•11 la g Age.ney? ',,,,5 rives, picinic provide the R.11(yvving• inforrmItiori: Counseling Agoney; a- :r' no:Ri(OP . ; , . �iwn: you niuduxpp|k:4zo &ni1mom.vncsb;ro rg,cney[Nongagc Assistaile Pmgram (RFN-IAP) uoubmoox? y=`. picmxo in.Ucu,� dua,/uxo�d/� u;p!� m,�oz _ �_� Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes No E, If yes,please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact(Name): 9haoc__�___________ Servicing Company(Name): Contact: Phone: xmToI «}� � |Ve, , authorize the a6oVenamed mn/ijrfel-this information to mylendcriscrvicc,for tho sole puqpomor evaim'i/gn2,, 6nxnclx| situation for possible mortgage options I/We understand that Uwc am/are under no oh|igatinotc use the counseling services provided by the above named E<orro*o/ Sigouzuru Day: Co-Z;onnvv*r Du�� Please foil‘ard this document along with the following information to leodcr and icilder'!:. counsel: I. yroo|*f income I. Past 2 bank statements �. PrOrI ii any &xpcoted inenme for the last 45 days 4. Copy of current utility It II S. Letter eNploininv rew4m for delinquency and any ipporting documentation (hardship !cu,,) L.:1st:mg Itgreernent property jr eurrclAtly on the marlorf • You have bucn sued in Court. If you wish to defend against tbe claims krth in the following pages,you must take action within twenty(20) days af.le this ComplaJ.nl md Notice are served by entering a writtci' pj.,earancc personally or by attorney and fIling in writing with dhoCuurtyourdefenxxorobjochooatodmu\oimxoet forth against yuu. You arc warned that if you fail to do so, the ease 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 o,ro}ie[reguustcd by the plaintiff. You may lose money or property or other rights TporUwt to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT'HAVE A LAWYER, 0O '}0OB TELEPHONE THE OFFICE SET F0Rlll8EI0T9. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION HIRING A LAWYER, IF YOU CANNOT AFFORD 70 HIRE A LAWYER, THIS OFFICE MAY BE ABLE l0 PROVIDE YOU WITH [NF{)Dly[&TI0YJABOUT AGENCIES "ill AT MAY OFFER ' T G/\[. SERVICES IO ELIGIBLE PERSONS At A \iCEDFEE OR, . 0FEE. CUM8EuLxMD COUNTY ATTORNEY KEy2KK�� CUK1DEK.I.*HU COUNTY BAR ASSOCIATION CU}wD�m.�wucnuwTvcoU�T}KnsE 2 LIBERTY AVENUE CARLISLE,PA i7013 (it?)249-3166 (800)990-9108 . ` ^ . PHELAN HALLINAN, lip ATTORNEY FOR 'PLAINTIFF Allison F. Zuckerman, Ei;sq., 1d, No.309519 1617 iFK.Boulevard. Suite 1400 One Penn Center Plaza Philadelphia, PA .19103 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK,N.A, 3476 STATEVIEW BOULEVARD CIVIL DIVISION FORT MILL, SC 29715 Plaintiff, NO.: vs. SALLY 3. NORRELL-SMITH,IN HER CAPACITY AS ADMINSTRATRIX AND HEIR OE THE ESTATE OFCRAIG M. SM171.11. 285 'PLAZA DRIVE BOILING SPRINGS, PA 17007-9433 J. SMITH, IN MS CAPACUY AS ill'qk 11 I' Ail. oi CR.AIG M. SMATH 2 R 5 OR;VE MALAN P 17007- 433 (AN IS J. SM,f111, IN HIS CAPACITY AS HEIR.OF FST ATE OF 05/0.0 M POI Iii 85 PLAZA !PINE BOILING SPRINGS, PA 17007-'9433 T.INKNIOWN ITEMS, SrCICIFISSOWI, .ASSIONS Att4D Al:, 'PERSONS, FIR.M.S., OR ASSOCIATIONS CLAIMING RIGHT, 'III:LE OR INTE.RLIST I.I.R(IIII\I OR UNDER C.R0;10 M. SivIIIIIIII DIXT.AsED 1148 IVIYFIRSTOWN R...(...)AD GARDNEIRS. PA '17324-9040 Defendants, CIVIL ACTION-- COMPLAINT IN MORTGAGE FORECLOSURE And now comes WELLS FARGO.BANK,N.A., by its attorneys,Phelan liallinan,LLP and files this C6mplaint in Mortgage Foreclosure as follows: ), ',I hc, Plaintiff N WELL FARGO :HANK, NA„... 3476 sTATINIEw f.3.c.4 IIIEVARD.:, FORT Mill, SC: 24713 (hereinafter "plairItifrIi. , The Defendants, ISAIIIX 3. NORRIILL-SMTIIII, MARSHAII... .1-, SIVITITI arid. ,. MILES 3. SMIIIII, are individuals whose last icnot,vn address are 28% Pi.A7A DR, BollING SPRINGS, PA 17007-9431 1, The Dele.ndant, I IN.KNOWN HEIRS, SUCCESSORS, ASSIGNS, AND Al FT:RMS, OR ASSOCIATIONS i.III.,.AIINITh;(1 RIGHT, TITRE OR NTERnST FROM (...).R. UNIDER CR.AR3 M. SMITH, DLCIASED, is iin Pidividual o5.e 1:3.!..0- known iiillyess is 14 P10)144 TOWN ROAD, GARITINERS, PA 173240040, 4, WELLS FARGO BANK isii..recity or thrOligh an aLti-A-q has possession of the proner.v. Note iyi.,11s !...‘„,:k.R0.0 BANK.. N.,A, is either the original payee; of the .Prernisiiory Note i.,!...r the i>rornissury Note has been duly indortii„A true uni,I correct copy or s,aiet Pmmisscry Noe is marked Exitiba "A", attachzd hei:etp iold made a parr ficivof 5. (..)iit or about September 28, 2000, CR.Arc; M, 5M011 male, cy„c=ied end delivreci ifs, MOR.IGA.(iEI E-LECTR(..1)NIC REGISTRATION SYSTEMS, INC AS A. isfomml:j.i. TOP Ho wARD HAM.NiA. LORI GACiE SNRVICPI. ii Mortgage it) the OriRinal tdr,, ...tr, 4I.1 it of .1i104j.g.t..s.i.i..)0 on Iht, 31 cows tici.soribcd in the il des .:,tion in::Iri,tied 062-PA.,M3 . . . , . . . . . Exhibit "B", attached hereto and made a part hereof, Said Mortgage being recorded in the Office of the Recorder or CUMBERLAND County in Book 1967, Page 3450, 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 it'those documents are of publi G record. 6. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded May 31, 20)2, the mortgage was assigned to WELLS FARGO BANK, N.A. which Assignment is recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 201216238, 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, ;, Mortgagor CRAIG M. SMITH died on May 21, 2012, and SALLY J. NORRELL- SMITH was appointed Administratrix of his estate. Letters of Administration were granted to her on June 4, 2012 by the Register of Wills of Cumberland County, No, 21-12-0621. Decedent's surviving heirs at law and next-of-kin are SAI.LY .1. 1NORRELL-SMITH, MARSHAII J. SMITH and MILES J. SMITH. 8. Defendants are in default under ihe terms of the aforesaid Mortgage for, inter alia, failure to pay the monthly instal Iment3 of principal and interest due April 1, 2012, As r.1' i2;}� unzouu/ duerind lioJlldiToc the mooQuys `sux 0mUowo; Principal � g6 �� 69 �� , � Interest 03/0l/ZOl2 Through 02/| i/20\} $ 5'810.52 Lute Charges 129.76 P agony Inspections $ 105.00 ]Escrow Deficit $ 940.93 TOTAL $ 103^531.90 plus interest and all other additional amount§ authorized undei the Mortgage and Pennsylvania Law, actually uodceosooa6ly 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 un.dcr'dbu Mortgage arid Pennsylvania 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 u/nendt,J in 2008, xncilor Notice of Default as rcqubuJ by |he mortgage documunt, as applicable, 1-,:ire bean sent to the i cfaodani l \. '1'ho mortgage preirii see are vacant and abandoned. 12. does not bold 1he named Defendants, SALLY I NOTlDI [C'SK8[[}L MARSU/l7J. J. SIN/111f or MILES ,J. ��{[l1{, Fe000aUy kub\c on this ause of action, This action is king, brought to fcn:eiilov: the interest of the said Defendants in the o(ionsa�d only, and the [)c[baiun,y 'rave been named in accordance with the requirements ofPa }{.C.P. Il44(e)(2) and I0Pn.C.S.A. § 301(b). 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$ -11)3,531.90 with interest thereon plus additional costs (including additional escrow advanees), additional attorneys fees and costs and for foreclosure and sale of the mortgaged premises. By: Date: Al lio1 L'i,iikerliv(a, Esq.,Id.No.309519 At;Orney for Plaintiff s .� - & 208Yi4R. 24, 21J.t; C1;yP Sit 1.1,. BIt.V a17Ih tost,0t [City) t srr~K,at 1141 syor.Lowe saved, 3erdnars, vA 17324. It.rrpexty ►Adrtse:t 1. BORROWER'S PRO1i16 TO PAY / In return kw a loam that I have received,I promise to pay U . $1°4;000.00 Male amount is called"P inclpal"), plue Interest,to the order of the Lander.The Lender Is AOawsb tuatara wo t?Wt 'freaVICca, A Pk*P8YLead°IA COttPOlra?IOV. I wtli uitettu all peyinunla miner tins Note In the loam of cash,check Of money order. I undurzalair l that trio Lender maytranstor this Nolo.The Lender or anyonewho takes thta Note by transfer arid who is entitled to t000lvo payntetil:uncles this Note is crated the'Note Holder.' 2. INTEREST . Interest will be charged opiinpald principal until the fug amount Of Printoipal heel been paid.I will pay intorerit at a ye y rate pf 6.37911. The in terest rate requ ired b y tats Section 2 b the rote twill pay both batOra and after any default described in Suction 01(8)of this Nola. 3. PAYWENTS (A)'Moe mad Plaice of P+ryrncatuta l twill pay t>,tnolpal and Internal by trinket()a payment awry mouth. I wit rnahu my ntonlbly payment on the, iwe day at each month bat:4jnning on dovskwas 1, 2004. ivialtnakoUtean payments ovary ntonthuntil I nave pakra/rill oprime:1)lrindInternetendanyothorclot tnitieeurih tit bgiwi that Inlay owe under this Note.Each monthly paym ii w�be appflod tte of its achuduwd qua date and wIll be applied to!nearest bolero Principal.If,on oceoman 1, 2016, I mill owe amounts under thin Note,I will pay Uario orriotunto in full on that dr:te,which b called Mu!Matulity Date," I will make my monthly payrnante at 119 iM$3tt VAIV* PIT>TIIIVROZI, Pis 1923111 or at a dfikzrsrtt place If required by the Nola Holder, ('e3)Amount of Monthly PG'ymanta My monthly payment via hi,Itt Ina amount of U.S. $645.1i2. uOiittOWLIli•rs slob"10 Pf1I PAY' 1 havritht.right to metro tinyrnontr,of Prinrdgat et any time before tr.try are duo.A payment at Prirraip;it only le known Ala't'r payment:'vi n1non ke,aFiupayrtlinit,t Will Lasiiialloteiicotdarinwrtrkigtha'tan tdoingsee:1maynutdcsetdnn".r nayt■arit ass a f tepuymnnt it I haw not Irredn all the monthly payn'erslb{duu armlet Use Notre. I rosy mato a lull Ptoptiymoot or parent Piepayments without pttylruj a Prepayment r halUe,The Note hcrklei will true my hroranynient,to reduce the amount of Principal that!owe under alts tdolo-l towsvut'the Nola Holder may apply rev Proprtyrierre to Ott...04;4;1110d and Unpaid Intorust no Ma Prepayment errlount,before applying my Prepayment to etdti,;+,Lair,,Iii,,;1t.1,ir i elt.I.%t tier Nolc,ii l nt:ike i,tiarli.t t`te ray,,uar,l,',hate wti be no chaztgus In the du,.epee or In tar it et,,r,r my n,..rtrrly;raryr-rwuit,strait e:Cos Neme b1zalrb.v ejr.:os in sOttirrl to those changes. WAN C i+.efiCia 3. ti is lava,V.likt,trl[=ti z.,ar. t to, r°,c Y irlcI, kaatt chat ea,!s 1:1411),atterpretad Eat our the irioseet �sr vuht'u to i chnryc+z t:th to crrtectcn in citral.g4r1On wI.h this loan ascetic the permitted Iimha,char,jai any. to,ur ligrpi 3 4 it<alt It rr,i isit l by tiro irnrount stet:ngaery to reduce the chorga to ties pen- toed fruit;and ea!site atznas siltir :ay ,:erowti,c1 a tie ins.it ol,€t of ii t>ar.,tttod Ilmlk wIti t,o rotur,dad to me.rao Note a ro:Oar may choose ia5 ratiN�t)tiat rak.ittf z lu.,i,;g Ih.r it ri0ipa I rw..uriciurthie Moto or 1./asking fl deed payn'ant tc rat.it a refund ;t1er..,. i't ur..ip.1 s=i ,40 «tr?t toile Pa,!r'a "Loci err;.p:tttlol htepaytnnr■i tt< A OFiROWER'S FAit_uric 7t3 PAY A3 ltECillltIED (A)Late art;la for Overdue Payments tt the Nato ri tde,-;tea not rect74vat/the full amount or Any n'ranihly no yriant ny too on;:rt to cn:rfrr.icu tittj.attar tt,o poi a late c1,arte to U;a Nola[Solder,lha amc:unl tit Ihn ci'try„avid I a 5.C601 c:fen'yavarrtt,'upayrrro;tofp rtnc:patandlntreroat.lwillpayIhIr!atecttsrQuino mptly'hutoatryonceoneacli atepay-tar;1„ (I t Lets+,.tam III tic.ric,t Tito}'tc,c frl,l s.;t.as,ri .,tr rt4'4 ii <_.t),„t (e:1 Notice err il,tatat t,, r i5 t:r>.at all Yre.,t t I l�.t ,.� ,u tine.> o n' I°a+°ridd i.o;,ri<°t e{,,,In tl I s; .) C,vaa?d. =;&err,It,tln adule.the No it,I a,,°.U.tI 41;,,y tCrl,:rsry.;r,■;ct pa:i irniriatif4t,s•lie�°".,11,tr—n oh i t and ell Utz,titOft. tihaitr,,s >.r.,..t,tr.-0■n; Intl ti,it toil__:<;t, •,tts„s,f.! i,a i<„ih,,,t7!•rr ,whiritt,., ire F110110(1 1,4 MO rttt,Yliv,ttt tt by rithw means. (la)No Waiver Fly Neta Helder zit a tinrzt v,hun i ote,sr del®+utt, bra Nate.li0itinr dor::z tint roqulit mo to pay immediately in lull as tiesoribe.d �i;dve t;r,'r Note Hci;dcrtrdl Gull Ilan:,Ilnt ti hl in da f.ra if I t, ::or e,!aim'into rc S.Ki:r lu, ..-'-j U„4T13'rAT:r:ct-unHY i`!.^h iii Jt`.''rir yF�<tt,iG M1c or,-.a..W,.4 4iri yt,u iI i irtii4,1?t:i i'L,.r,JtcnO inor tn r Fr"•i mru ■r:r-.. Fuca 1 ai 2 _. Lose },nynt0iil kI ,s f;l0 Of ft,q,..ribnlabay.6.., rn Nola Hatlor 0,atlatvo th.e to bu pr■ftl b:/.0,by ft1(.4 ti id/ a.1,411:4 o711,1 olforcino Note to the liztQrit nal onhtbitpd by W.110 wp(41v,a>=1,1cf,1,, .rat,..1rneyn' 7. GWING OF NOTICES Unifft4 11FctitSbilillaW 1 POrtilrefil a airtorsot rtwthr.td,any notice thet m utt be given to Mt UnflOf P-qs Note Ai hit itlytn by doliewing It c by maDing ft byte!dial rn.t to ms At tho Property Aticinsts eboYo or irt a different address f givit tho Not Holder a!lofts Of my?intorno'sadists, Any notice that mutt O gtvcn to tho No !Attic/or under this Noto w bAvnrit,y doityn,inzt,1 0 by tyrAg1n m ty firlt innil to the Nato Holder At the atideins stated in,Baction tr,ii,A)stove Of 01 a tirtharent cridreii 1 ant Veal a CIW.C4 of that different ettidreie, OBUGATIONS OF PERSONS UNDf.F1 Thos NOTE if mere than one poison signs this Note,each person Is luny am!personally obligatriti to kocp an of the month mate In ilk Note,Including the prornrso lo ptri the fug amount oWnsi,Arly parson whets et guarantee,surety or endoster of this Not*Is also obitalod to do rhos*things.My parson who takes ovor those obligations,Including Um obtgAtiono of a guarantor,suroty or ondotsor 01 this Noto.Is also obligated to keep oil of tho promItos mode in this Note.The Note Holdar may enforce Its rights under fins Note against each person individually or against an of us together.This means °At oily one of us may ruqtgfigl to pay a of tho amounts*woo under lilt Notts, 0, WA1VERS land onyothar parson who has obigadons under this Nolo Waltto tho rights ot Prasen trnent and Notioe of Dishonor, 'Preetettatent"moans the right to nitrite the Note Holder to dontond portent of arnotorrts duo.'Nance of Dishonor' mama the right to require Ii.Note Holder to afire notice to other pontone that amounts due have not been pow. 10.UNIFORM 31111C1JFIED NOTE Tide Note ht a unnorrn instrurrtant with IIMItod variations in some portsdloiluns.In addition to the protean/aro won IL)the Note Holder under this Note,a Mortgage,Ow of Trust,or Sticaorfty Good taw"Security Instrument-1,toted ere sumo data tut this Notu,pretests the Note Holder Veen possible losses which might result it!do not loop um ptorntrAw which I make a this Nato.That Sootulty Ins tsurnont describes how and untitaiwIttif conditions I may be required to immothota poyrnent in full at at amounts I owe under Bile Net°.Soma)of Dios*conditions ore described its toiso.vt, It ell or any post of the Property or any'Monist in the Provenly is sold or transtemod(or If Einff°WV to not nUtUtaiperson and a beneficial Intarost In 8orrowort odd or trensforratl)wIthout Lender's prior tendon constant, Louder may foga*riamottlato payment In MI of d sunmeocured by this Security Instrument.liowever,tint, option anal not be exeraltrod by Lander If such gamble Is prohibited by Applicable Law. It Under owarcisoathis Option,Lander drill vivo Borrower notice of acoeterotIon.The hake shot provide 4 purled of not kite)than 90 deyn from the date the notice to{Pon In ecaordanco with Beetles 15 wilhInethlch Got reette(nwat pay all sums secured by this Security Instrument if Borrowor falls to paythato turns pntti to lito agtirettlon of Vila palled.Lander may invoke any remedies permitted by thin SocurifyInstruinant without notice or demand'on Borrower. WITNESS THE HAND(S)AND SEALiSl F THE UNDERSIGNED, p l,/41;11 -,/frr,1 1 11 ceelnrit 194t / pAy ro THE,oRDER of WELLS FANn..0 , WITNOLli BEDOWi5b„,- -*-11"W(1 tlq-DANttittt n (' Vi HOUT RE:Cot:RAI,PAY TO THE.ORDEit OF Fraal,fto Atnoticisr;1,,,lur,gnt Con,ptny - F■Er,"" PAY Tc Tr,r.OmO 'PI ITS ASSIGNS Q,OR SLICCCSSOKS Wets Petrgo Rant Nt.A, couple'two. Vito Presiocnt '1 I ' t A IR II),V I C PRES 11)1-IN"; , E>iiibi t, DESCRIPTION Al I,THAT CERTAIN LOT or piece of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Noel B, Smith, Registered Surveyor dated April 17, 1973, as follows: BEGINNING at a point, marked by a nail in the center of Township Road No. 524 at a corner of land now or formerly of Chester Sowers;thence along the center line of said Road, South 03 degrees West 150 feet to a nail at the corner of hind now or formerly of Larry Crum;thence along said land now or formerly of Crum;North 56 degrees 30 minutes West 200 feet to a stake in line of land now or formerly of Melvin Geisinger;thence along said land, North 03 degrees East 150 feet to a stake in line of aforesaid land now or formerly.of Chester Sowers; thence along said land South 56 degrees 30 minutes East 200 feet to the point and place of BEGINNING. UNDER AND SUBJECT to all conditions, easements, restrictions, reservations and rights of way of record. PROPERTY ADDRESS: 1148 MYERSTOWN ROAD, GARDNERS,PA 17324-9040 PARCEL#08-40-2450-014. E R C A110 N Denise Goldston, hereby states that he.4®is Vice President Loan Documentation of WELLS FARGO BANK,N.A,,plaintiff in this matter,that he/ n0 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 his tir ormation and belief. ' The undersigned understands that this statement is made subject to the penalties of 18 Pa, C.S. Sec. 4904 relating to=sworn falsification to authorities, Name: Denise Goldston • Title: Vice President Loan Documentation Company: Wells Fargo Bank,N.A. Date: 02/13/2013 Request for Service R. Thomas Kline Sheriff: (.'umbzt-land County Office of 1,bc. Sheriff One Courthouse Square Carlisle, PA 17013 Ph: 717.240,6390 Fx: 717.240,6397 WP.I.1,S FARGO BANK, N.A. Court Number: Expiration Date: Type of Action: Motigage Foreclosure Complaint Defendant's: SALLY J.NORRELL-SMITH,MARSHALL J. SMITH,MILES J. SMITH,UNKNOWN ' -1 HEIRS, SUCCESSORS,ASSIGNS,AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER CRAIG M. SMITH,DECEASED Serve Upon: SALLY 1 NORRELL-SMITH Address for Service: 285 PLAZA DR BOILING SPRINGS, PA I 7007-9433 „ . I Alternate Address for Service: 1 1148 MYERSTOWN ROAD 1 GAIWNERS,PA 17324-9040 Type of Service: .. _ 0 Personal Adult in Charge n Deputize 0 Certified Mail U Posting(copy of court order required) . . . „ Special Service Instructions: **IT service is to be made by deputized service to another county please specify which county. _ „.......... ., • Filin Aviorney's Information; ; I Name: Phelan I la,'limn. [A,P /altornyNlel Address. 1617 .ILK Boulevard, %lift', :14-00 Om; P,..nn (TcT Plaza • Philadelphia. PA 1103 2,I5_,56: 70(10 x 1482 - - - Request for Service R, Thomas Kline Sheriff Curnberiond County Office of the Shari If One Courthouse Square Carlisle, PA 17013 Ph: 717.240,6390 717.240,6397 WEI 4..S FARGO BANE_ NJ , Court Number: Expiration Date: „ „ , „ Type of Action: Morttitge Foreclosure Complaint Defendaritis: SALLY I. NORRELL-SMITH,MARSHALL J SMITH,MILES 3, SMITH,UNKNOWN HEIRS, SUCCESSORS,ASSIGNS, AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER CRAIG M. SMITH, DECEASED „„„... Serve Upon: SALLY 3.NORRELL-SMITH Address for Service: 1148 MYERSTOWN ROAD GARDNERS,PA 17324-9040 Alternate Address for Service: 285 PLAZA DR BOILING SPRINGS,PA 17007-9433 Type of Service: LTI Personal 0 Adult in Charge t:Deputize 0 Certified Mail U Posting(copy of court order required) Special Service Instructions: "If service is to he made by deputized service to another county please specify which Filing.A,.ttornoy's Informati:m: Name: Phelan:ILJilt/sr-1. I T..2 iattorneyNainel Address; 1617 IFK,Boulevard, Suite 1400 One Pun Center Plaza Philadelphia; PA 19103 Lon,n,:: 215-563-7000 x 1482 Request for Service R. [homes Kline Sheriff Cumberland ;minty Office of the Sherif' lino Courthouse Square Carlisle,PA 17013 Ph: 717.240,6390 Ix: 717,240,6397 WHI,S FARGO BANK, N.A. Court Number: Expiration Date: Type of Action: Mortgage Foreclosure Complaint Dcfendant/s: SALLY I.NORRELL-SMMI,MARSHALL I. SMITH, MILES J. SMITH,UNKNOWN HEIRS, SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT', TITLE OR INTEREST FROM OR UNDER CRAIG M. SMITH,DECEASED Serve Upon: MARSHALL J. SMITH Address for Service: 28$ PLAZA DR. BOILING SPRINGS, PA 17007-9433 Alternate Address for Service: 1148 MYERSTOWN ROAD GARI)NERS, PA 17324-9040 Type of Service: 0 Personal 0 Adult in Charge 0 Deputize 0 Certified Mail 0 Posting(copy of court order required) Speoial Service Instructions: **If service is to be made by deputized service to another county please specify which county Oiling Attorney Name: Phelan fauerocyNamet AJdress: 1617 JFK P,oulevard, Suite 1400 One Penn (;:::roor Pliva PA I 103 5-.W?,--7000 X 14 Request for Service P... Thomas Kline Sheriff C',.t.trriberlancl County Office of the Shell ff One Courthouse Square Carlisle,PA 17013 Ph: 717.240.6390 lx: 717.240.6397 WELLS FARGO BANK,N.A.. Court Number: Expiration Date: Type of Action: Mortgage Foreclosure Complaint Defendant's: SALLY J.NORRELL-SMITH,MARSHALL J. SMITH,MILES J. SMITH,UNKNOWN HEIRS, SUCCESSORS,ASSIGNS, AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CRAIG M. SMITH,DECEASED Serve Upon: MARSHALL J. SMITH Address for Service: 1148 MYERSTOWN ROAD GARDNERS,PA 17324-9040 Alternate Address for Service: 285 PLAZA DR BOILING SPRINGS,PA 17007-9433 Type of Service: 0 Personal 0 Adult in Charge 0 Deputize 0 Certified Mail 0 Posting(copy of court order required) Special Service Instructions: **If service is to be made by deputized service to another county please specify which couru „ ling A torn Tricormatien: Penn fattorneyNainel Address: 1(517 MK Boulevard, Suite 1490 One Perin Center Plaza Phi tdciphia, PA 19103 215-563,-7000 x 1482 Request for Service R., Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Scuttle s Scenic Carlisle,PA 37013 Ph: 717.240.6390 Fx: 717.240,6397 WEI,LS FARGO BANK, N.A, Court Number: Expiration Date: • Type of Action: Mortgage Foreclosure Complaint ..„ . . Defendant's: SALLY j:NORRELL-SMITH,MARSHALL J. SMITH,MILES i. SMITH, •UNKNOWN---- HEIRS, SUCCESSORS,ASSIGNS,AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR.INTEREST FROM OR UNDER CRAIG M. SMITH, DECEASED Serve Upon: MILES S. SMITH Address for Service: 285 PLAZA DR BOILING SPRINGS, PA 17007-9433 Alternate Address for Service: 1148 MYERSTOWN ROAD GARDNERS, PA 17324-9040 Type of Service: 0 Personal 0 Adult in.Charge 0 Deputize 0 Certified Mail 0 Posting(copy of court order required) Special Service Instructions: **If service is to be made by deputized service to another county please specify which Attorneys Information: Name: Phelan liallinan, LLP lattorneyNamel Addrdss: 1617 JFK Boulevard, Suite 1400 (Inc Penn Center Plaza Philadelphia, PA 19103 215-561-7000 1482 Request for Service R. Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA 1.7013 Ph: 717.240.6390 Px:717,240.6397 WELLS FARGO BANK, N.A. Court Number: Expiration Date: „. Type of Action: Mortgage Foreclosure Complaint Defendantis: SALLY I NORREIA.,-SMITH, MARSHALL J. SMITH,MILES J. SMITH,UNKNOWN HEIRS, SUCCESSORS, ASSIGNS,AND ALL PERSONS,FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER CRAIG M. SMITH,DECEASED Serve Upon: MILES J. SMITH AddressfOr Service: • 1148 MYERSTOWN ROAD GARDNERS,PA 17324-9040 „ . Alternate Address for Service: 285 PLAZA DR BOILING SPRINGS, PA 17007,9433 Type of Service: a Personal 0 Adult in Charge 0 Deputize 0 Certified Mail 0 Posting(copy of court order required) Special Service Instructions: **If service is to be made by deputized service to another county please specify which (:.(Mttir • Filing Attorney's Information: • • Name: Phelan Ilalinan, LLP iatt,orney,N Address' 1617 JFK Boulevard, Suite 1400 One Penn.Center Pltv.,a Philadelph1 , PA 19103 215-56 -7000 x 11182 Exhibit 44F,, 3e/c2- I'll ELAN HALLINAN,.LLP Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-320-0007, ext. 1262 April 23,2013 y*. v Sally J.Norrell-Smith 1141 Longs Gap Road Carlisle, PA 17015 RE: WELLS FARGO BANK,N.A.v. SALLY J. NORRELL-SMITH,IN HER CAPACITY AS ADMINISTRATOR AND HEIR OF CRAIG M. SMITH,DECEASED,ET AL. CUMBERLAND COUNTY; NO. 13-1113-CIVIL Dear Mrs. Norrcll-Smith: Enclosed please find.Plaintiffs proposed Stipulation to Appoint Guardian Ad Litem far minor defendants Marshall J. Smith and Miles J. Smith, and Acceptance of Service of Complaint. On February 28,2013, this office filed a civil action naming Marshall J. Smith and Miles J. Smith, as party defendants in their capacity as heirs of Craig M. Smith. It is our understanding that you are the parent and natural guardian of Marshall J. Smith and Miles J. Smith. Because Marshall and Miles are minor defendants and are not represented by a guardian, we are required to have appointed a Guardian Ad Litem for them for purposes of these proceedings, so that their interest in this action is properly represented. As you are the parent and natural guardian of Marshall J. Smith and Miles J. Smith, we are requesting that you be appointed Guardian Ad Litem in this action. By consenting to the terms of the.stipulation, you, Sally 3. Norrell-Smith, will be appointed Guardian Ad Litem for Marshall J. Smith and Miles J. Smith for the purposes of these proceedings, on.ly. You will be accepting service of the complaint filed on February 28, 2013, and all future pleadings, as Guardian Ad Litem for Marshall J. Smith and Miles J. Smith. Please he advised that you nor Marshall J. Smith or Miles J. Smith are liable to pay this debt, as you did not sign the mortgage or note. However,you do have the right to bring the loan current. It is Plaintiff's intention to divest your interest in the mortgaged premises in order to take this property to Sheriffs Sale and sell it free and clear to a third party. *This firm is a debt collector, Any information we receive will be used for that purpose, if your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against 1.3w rcad by tJit Should VOL Ilave any cinc:tstiorf3., do not hesitate to contact this office. Please know that should this document not be shmed and returned within fourteen (14) days of the date of this correspondence it will be necessary for our office to file a formal motion with the court to request you, Sally J. Norrell-Smith, be appointed Guardian Ad Litem for Marshall J. Smith and Miles J. Smith Sincerely,/ kiluM i chile! Kolesnik, Esq., 1.1) 4 3088 77 wney for Plaintiff Ihb him is a dent on or Any information we, receive will he usr:d for that purpose, lf vour personal liability for the debt has been discharged in bankruptcy, are onlv proceeding against the x,al estate •;,',ctire.,,J, by the mortage Phelan Hailinan, LLP 1617 JFK.Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 21S-563-700u WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS V. CIVIL DIVISION SALLY 1. NORRELL-SMITH, IN ITER CAPACITY AS ADMINISTRATOR AND HEIR OF CRAIG M. SMITH, NO. 13-1113-CIVIL DECEASE]) CUMBERLAND COUNTY MARSHALL I. smirrti, IN HIS CAPACITY AS HEIR OF CRAIG NI, SMITH, DECEASED MILES J. SMITH, IN HIS CAPACITY AS HEIR OF CRAIG NI. SMITH, DECEASED UNKNOWN Hi IRS. SUCCESSORS, ASSIGNS, AND ALL PERSONS,FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER. CRAIG M. SMITH, DECEASED STIPULATION FOR A< 't.TIPTANCIE OF SVRVICE OF PLAINT AND AITOINTMENT OF GUARDIAN AD I. Ii'Efr1 It is hereby ,;tiptilialed by and between Plaintiff, WELLS FARGO BANK, NA., by and through itt; coui-gil, Phelan Hallinun, LLP, and Defend/Jr/1s,MARSIJALI„1, SMITH md MU:rs 1. SMIT1 I by A.ud through their parent and latural guardian, SALLY I NOR.RELL-SIVINTL that: 1. Defendants MARSHALL J. SMITH and MILES 3. SMITH hereby accept service of the Complaint tiled in the within action on or about February 28, 2013. 2. Plaintiff will provide the 10-day default notice to Defendants MARSHALL J. SMITH and J. SMITH under Pa.R.C.P.237. 3. SALLY J. NORRELL-SMITH, hereby consents to her appointment as Guardian Ad Litem of minor Defendants MARSHALL J. SMITII and MILES J. SMITH for the purposes of these proceedings and consents to the terms set forth in this within stipulation. Attached hereto as Exhibit "A" is a Consent to Guardianship executed by SALLY 3..NORRE1,1_,-SMITH. 4. It is hereby agreed that Plaintiff may effectuate notice of sale pursuant to Pa,R,C.P. 3129 upon SALLY J. NORRELL-SMITH, Guardian .Ad Litern of MARSHALL 3, SMITH and MILES J, SMITH, by regular mail and thereafter filing an Affidavit of Service of same with the Office of the Prothonotary. (0Y/1Dte: John Michael Kolesnik,Esq., Id. No.308877 "Attorney for Plaintiff Date: .„ Sally J.Norrell-Smith, Guardian Ad Lit= for minor defendants, Marshall J. Smith and Miles J. Smith heirs of Craig M. Smith IN THE couRT OF COMMON PLEAS OF PHILADELPHIA COUNTY, PENNSYLVANIA WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS v. civn,DIVISION SALLY J. NORRELL-SMITH.IN HER CAPACITY AS ADMINISTRATOR AND HEIR OF CRAIG M. SMITH, NO. 13-1113-CIVIL DECEASED CUMBERLAND COUNTY MARSHALL.1. SMITH, IN EIS CAPACITY AS HEIR OF CRAIG M. SMITH,'DECEASED MILES 3. SMITH,IN HIS CAPACITY AS HEIR OF CRAIG M. SMITH,DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS. AND ALL PERSONS,FIRMS, OR ASSOCIATIONS CLAIMING RIGHT. TITLE OR INTER.EST FROM OR UNDER CRAIG NI_ SMITH, DECEASED ORDER And no\v, this day of 2013, it is hereby ORDERED AND DECREED that The stii)Ulation for Ac,c,‘epiance of Service of Complaint and Appointment 01 Guardian Ad 1..,:itrq is aj.vovc.d as to Defenelint,=: MARSIIALL J, SMITH. arid.ME,Es S J, NO R R Ei J,-S rt...1 is zqyp t d L Landi an Ad f for 1)e le ndan t s NIA RS 1I111 and \'IU, SMITH, By THE C() Phelan Hallüiari, LLP 1617 JFK.Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 157563-7000 WELLS FARGO BANK, NA, COURT OF COMMON PLEAS v. MIL DIVISION SALLY 3.MORRELL-SMITH, IN HER CAPACITY AS ADMINISTRATOR AND HEIR OF CRAIG M. swat, NO. 13-1113-C1VIL DECEASED CUMBERLAND COUNTY MARSHALL J. SMITH, IN HIS CAPACITY AS HEIR OF CRAIO M. SMITH,DECEASED MILES 11, IN HIS CAPACITY AS HEIR OF CRAIG M. SMITH, DECEASED UNKNOWN HEIRS, SI]CCESSORS, ASSIGNS, ,AND A I.I PERSONS FT13,MS, OR ASSOCIATIONS CLAINITh&i RIGHT, TITLE OR IN'1 ER EST:mom oR UN"DER CRAIG M, Sr' !TIT, DECEASED CONSENT TO GUARDIANSHIP As Ektendiuts IvIARSIIALL ,E SMITH and MILES j, SMITH axe minors and are not resented b gqiaffii.an, the Cow: is required to appoint a guardian for Chem upon petition. Sec Pa,R,C,P, 203i (1)) nd 2027. To ensure the interest or Defendants MARSHALL J. SMITH and MILES J. SMITII will be properly represented, a guardian Ad Litem must be appointed to represent them in the mortgage foreclosure action. Pursuant to this requirement, SALLY J. NOR.RELL-SMITH, is the parent and natural guardian of Defendants, MARSHALL I SMITH and MILES J. SMITH and Plaintiff requests that she be appointed Guardian Ad Litem in this action. SALLY 1, NORRELL-SMITII, hereby agrees to be appointed Guardian Ad Litern,fer purposes of these proceedings. Date: Sally J. Norrell-Smith, Guardian Ad Litem For minor defendants, Marshall J. Smith and Miles J. Smith, Heirs of Craig M. Smith Exhibit "F" 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS CIVIL DIVISION NO. 13-1113-CIVIL SALLY J.NORRELL-SMITH, IN HER CAPACITY AS ADMINSTRATRIX AND CUMBERLAND COUNTY HEIR OF THE ESTATE OF CRAIG M. SMITH ET AL. ORDER 44 day of AND NOW, this /01 , 2013, upon consideration of Plaintiff's Motion for the Appointment of a Guardian Ad Litem for defendants, MARSHALL J. SMITH and MILES J. SMITH, Heirs of CRAIG M. SMITH, Deceased, and any Response thereto, it is hereby ORDERED and DECREED that the Court appoints SALLY J. NORRELL-SMITH as Guardian Ad Litem for MARSHALL J. SMITH and MILES J. SMITH, Heirs of CRAIG M. SMITH, Deceased, in the mortgage foreclosure action. BY"1`l 1E' `WI': r t,: M C, tel ... . 799204 Exhibit "G" Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 FAX#: 215-568-7616 January 13, 2014 SALLY J. NORRELL-SMITH 1141 LONGS GAP RAOD CARLISLE, PA 17015 MARSHALL J. SMITH 285 PLAZA DR BOILING SPRINGS, PA 17007-9433 MILES J. SMITH 285 PLAZA DR BOILING SPRINGS, PA 17007-9433 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS,AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CRAIG M. SMITH, DECEASED 1148 MYERSTOWN ROAD GARDNERS, PA 17324-9040 RE: WELLS FARGO BANK,N.A.vs. SALLY J.NORRELL-SMITH,in her capacity as Administratrix and Heir of the Estate of CRAIG M. SMITH ET AL. Civil Docket No. 13-1113-CIVIL Dear Defendant: Enclosed please find a copy of my proposed Motion for Special Service of the Complaint and all future pleadings and Order. In accordance with CUMBERLAND County Local Rule 208.3(9) I am seeking your concurrence with the requested relief. Please respond to me within one week, by December 17, 2013. Should you have any further questions or concerns,please feel free to contact me. Otherwise, please be guided accordingly. Sincerely, SEAN MCLAUGHLIN Legal Assistant PH# 799204/SNM 3 � � Y4 Y C'U p��SYt�.�q OUNTY NIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS CIVIL DIVISION VS. NO. 13-1113-CIVIL SALLY J. NORRELL-SMITH, in her capacity as Administratrix and Heir of the Estate of CRAIG M. CUMBERLAND COUNTY SMITH ET AL. ORDER AND NOW, this ' day of 01�1 upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of court, it is hereby; ORDERED that Plaintiff may obtain service of the Complaint and of the Notice of Sheriff's Sale as authorized by Pa.RCP. 3129.2 (c)(1)(i)(C), on the Defendant, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CRAIG M. SMITH, DECEASED, by publication of the Complaint in accordance with Pa.R.C.P. 430(b)(1); by First Class mail at the mortgaged premises located at 1148 MYERSTOWN ROAD, GARDNERS, PA 17324-9040, and by posting of the mortgaged premises at 1148 MYERSTOWN ROAD, PH# 799204/SNM GARDNERS, PA 17324-9040 by the Sheriff or by a non-party competent adult. Service by mail is complete upon the date of mailing. It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to assure compliance with this court order. BY THE J. •s A A �t �� ix c si PH# 799204/SNM SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Ua I t . Sheriff Jody S Smith Chief Deputy 2014 FEB 11 PF9 3. r Richard W Stewart CUMBERLAND COUNT` Solicitor PENNSYLVANIA Wells Fargo Bank, N.A. Case Number vs. 2013-1113 Sally Norrell-Smith (et al.) SHERIFF'S RETURN OF SERVICE 01/02/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Marshall Smith, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 1141 LONGS GAP RD, NORTH MIDDLETON, CARLISLE, PA 17015. Residence is vacant and per the Carilsle Postmaster the defendant's mail is being held. 01/02/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Miles Smith, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found" at 1141 LONGS GAP RD, NORTH MIDDLETON, CARLISLE, PA 17015. Residence is vacant and per the Carilsle Postmaster the defendant's mail is being held. 01/30/2014 01:15 PM - Deputy Tim Black, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Sally J. Norrell-Smith, who accepted as"Adult Person in Charge"for Marshall Smith at 200 McLand Road, South Middleton, Mt. Holly Springs, PA 17065. TIM BL CK, EPUTY 01/30/2014 01:15 PM - Deputy Tim Black, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Sally J. Norrell-Smith, who accepted as"Adult Person in Charge"for Miles Smith at 200 McLand Road, South Middleton, Mt. Holly Springs, PA 17065. TIM BL CK, DEPUTY SHERIFF COST: $88.69 SO ANSWERS, January 31, 2014 RONNP' R ANDERSON, SHERIFF • �'F SHE P.ROTH t' (j Ai'6 PHELA■ HALLINAN,LLP Emily M.Phelan,Esq.,Id.No.315250 2014 FEB 20 1, 10: I /4 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza CUMBERLAND COUNTY Philadelphia,PA 19103 ' PENNSY.LVANIA • . emily.phelan @phelanhallinan.com • • • 215-563-7000 . WELLS FARGO BANK, N.A• . , • : COURT OF COMMON PLEAS Plaintiff • • • • , • • •CIVIL DIVISION . . • • vs. : • : CUMBERLAND COUNTY • SALLY J. NORRELL-SMITH, IN HER : No. 13-1113-CIVIL CAPACITY AS ADMINISTRATRIX AND : HEIR OF THE ESTATE OF CRAIG M. SMITH : MARSHALL J. SMITH, IN HIS CAPACITY AS : HEIR OF THE ESTATE OF CRAIG M. SMITH MILES J. SMITH, IN HIS CAPACITY AS • HEIR OF THE ESTATE OF CRAIG M. SMITH UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE• • . • OR INTEREST FROM OR UNDER CRAIG M. SMITH,DECEASED • .Defendants • • • PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE . • TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above • captioned matter. PHEL< HALLINAN, LLP iii By: Emily M. Phelan, Esq., Id. No.315250 Attorney for Plaintiff Date: /sdk, Svc Dept. 4 !Ii�p File#799204 a tl ak--4 PNC-111e Phelan Hallinan, LLP Emily M. Phelan, Esq., Id. No.315250 emily.phelan @phelanhallinan.com 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215 -563 -7000 WELLS FARGO BANK, N.A. Plaintiff vs. SALLY J. NORRELL- SMITH, IN HER CAPACITY AS ADMINISTRATRIX AND HEIR OF THE ESTATE OF CRAIG M. SMITH ATTORNEYS FOR PL�I 1F1~" HOi Nth 2Oi N R -5 PH 2.40 CUMBERLAND COUNTY PENNSYLVANIA MARSHALL J. SMITH, IN HIS CAPACITY AS HEIR . OF THE ESTATE OF CRAIG M. SMITH MILES J. SMITH, IN HIS CAPACITY AS HEIR OF THE ESTATE OF CRAIG M. SMITH UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CRAIG M. SMITH, DECEASED Defendant(s)\ COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 13- 1113 -CIVIL AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular mail to the following persons, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR IN 'I'EREST FROM OR UNDER CRAIG M. SMITH, DECEASED at 1148 MYERSTOWN ROAD, GARDNERS, PA 17324 -9040 on February 27, 2014, in accordance with the Order of Court dated February 3, 2014. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: fq7Ay By: Emily M. Phelan, Esq., Id. No.315250 Attorney for Plaintiff Phelan Hallinan, LLP Phelan Hallinan, LLP AFFIDAVIT OF SERVICE — CUMBERLAND PAW PLEASE POST BY:03/22/2014 PLAINTIFF COUNTY: CUMBERLAND WELLS FARGO BANK, N.A. • COURT NO. 13-1113-CIVIL DEFENDANT UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, TYPE OF ACTION AND ALL PERSONS, FIRMS, OR ASSOCIATIONS XX Mortgage Foreclosure CLAIMING RIGHT,TITLE OR INTEREST FROM Eviction OR UNDER CRAIG M. SMITH,DECEASED XX Civil Action Complaint on Promissory Note SERVE AT: 1148 MYERSTOWN ROAD, GARDNERS, PA 17324-9040 ***PLEASE POST THE PROPERTY*** ***IN ACCORDANCE WITH THE***** ***ATTACHED COURT ORDER****** Served Posted and made known UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CRAIG M. SMITH, DECEASED, Defendant on the ND day of 1 4(2.c 4 2014 at g%5`O o'clock,4 .M.,at 1148 MYERSTOWN ROAD,GARDNERS,PA 17324-9040,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/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 office of said defendant company. Other: POSTED "Ilt 'PAoP 7y Description: Age Height Weight Race Sex Other Ronald Molt I, ,a competent adult,being duly sworn according to law,depose and state that I personally posted a true and correct copy of the Complaint in Mortgage Foreclosure issued in the captioned case on the date and the address indicated above.I understand that this statement is made subject to the penalties of 18 Pa.C.S.Sec.4904 r, . to unsworn�a'/ficati. to authorities. DATE: 4 NAME: rim V/L� 7 PRINTED NAME: Ronald MO{{ TITLE: Process Server t�ri _ 7, 2,171 NOT SERVED f,1 On the day of ,20_,at o'clock_M.,Defendant NOT FOUND because: —<> f--.� Vacant Does Not Exist _Moved Does Not Reside(Not Vacant) M No Answer on at , • at t^ :4-0,4 c-c C Service Refused <-- + J -< C.,t1 Other: PH#799204 >