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Home My WebLink About13-1678 Supreme Court of Pennsylvania Court � Com Pleas For Prothonotary Use Only: Crvlt coved et CUI�ANf7 `�¢' County Docket No: / I The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. S Commencement of Action: Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: WELLS FARGO BANK, N.A. Lead Defendant's Name: RICHARD D. RAPSEY T I Are money damages requested? El Yes 0 No Dollar Amount Requested: El within arbitration limits U (Check one) 0 outside arbitration limits N Is this a Class Action Suit? ❑ Yes ❑x No Is this an MDJ Appeal? ❑ Yes 9 No A Name of Plaintiff /Appellant's Attorney: Jonathan Lobb, Esq., Id. No.312174, Phelan Hallinan, LLP ❑ Check here if you have no attorney (are a Self - Represented [Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS • Intentional ❑ Buyer Plaintiff Administrative Agencies • Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance _ ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not S include mass tort) ❑ Employment Dispute: ❑ Slander/Libel/ Defamation Discrimination E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T I MASS TORT ❑ Other: O ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration $ ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto • Dental ❑ Partition ❑ Replevin • Legal ❑ Quiet Title ❑ Other: • Medical ❑ Other: ❑ Other Professional: Pa.R.C.P. 205.5 Updated 01 /01/2011 ID PE NS'YLVANIA PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF Jonathan Lobb, Esq., Id. No.312174 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 STATEVIEW BOULEVARD CIVIL DIVISION FORT MILL, SC 29715 Plaintiff, NO.: 3 � 1,V vs. RICHARD D. RAPSEY 829 CENTER STREET ENOLA, PA 17025 -2906 Defendant. 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 Defendant, RICHARD D. RAPSEY, is an individual whose last know>�� address is 829 CENTER STREET, ENOLA, PA 17025 -2906. --�� & 0�- 062-PA-V3 ( L u � a $$�� 3. 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. 4. On or about April 28, 2010, RICHARD D. RAPSEY made, executed and delivered to WELLS FARGO BANK, N.A. a Mortgage in the original principal amount of $275,405.00 on the premises described in the legal description marked Exhibit "B ", attached hereto and made a part hereof. Said Mortgage being recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 201011016. The Mortgage is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 5. Plaintiff is the current Mortgagee. 6. RICHARD D. RAPSEY is record and real owner of the aforesaid mortgaged premises. 7. Defendant is in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the monthly installments of principal and interest due November 1, 2012. 8. As of 03/06/2013, the amount due and owing Plaintiff on the mortgage is as follows: Principal Balance $ 263,057.69 Interest $ 5,802.08 10/01/2012 through 03/06/2013 Late Charges $ 74.98 Property Inspections $ 45.00 Escrow Deficit $ 1,914.56 TOTAL $ 270,894.31 062 -PA -V3 plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania Law, actually and reasonably incurred by Plaintiff including but not limited to, costs (including escrow advances) and Plaintiff's attorneys' fees and expenses. Plaintiff reserves the right to file a motion in the above - captioned action to add such additional sums authorized under the Mortgage and Pennsylvania Law to the above amount due and owing when incurred 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and /or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s). 10. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability in a bankruptcy proceeding, this action is in no way an attempt to re- establish such liability. WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $ 270,894.3 1, 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: 2 f 2 $ 13 rorney than Lobb, Esq., Id. No.312174 J for Plaintiff 062 -PA -V3 Exhibit "A" NOTE APRIL 30, 2010 CAMP HILL PENNSYLVANIA 1Daxl icily] I5tatel 829 CENTER ST, ENOLA, PA 17025 1I'rutxr y Addressl 1. BORROWER'S PROMISE TO PAY In return for a loan that l have received, I promise to pay I.J.S. $ *****275,405. 00 (this amount is called "Principal "), plus interest, to the order of the Lender. The Lender is WELLS FARGO BANK, N.A. I will stake all payments under this Note in the form of cash, check or money order. 1 understand that the Leander 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 on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 5.125 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(13) of this Note. 3. PAYMENTS (A) Time and Place or Payments I will pay principal and interest by making a payment every nn nth. I will make my monhly payment on the FIRST day of each ninth beginning onJUNE 01, 2010 I will make these paytncttic every month until l have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. 11', onMAY 01, 2040 I still owe amounts under this Note, I will pay those amouuts in full on that date, which is called the "Maturity Date." 1w , l ntakent uwnthly paymcntcatWELLS FARGO HOME MORTGAGE, P.O. BOX 11701, NEWARK, NJ or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ * *1, 499.54 4. BORROWER'S RIGHT TO PREPAY I have the right to make payntcuts of Principal at any time before they are due. A payttteut of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a 1 charge. The Note Holder will use illy Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply lily Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce die Principal amount of the Note. if I make a partial Prepayment, there will he no changes in the due date or in the atnounl of lily monthly payment unless the Note Holder agrees in writing to those changes. Wolters Kluwer viommial Servicial MULTISTATE FIXED RATE NOTE - Sinple Family - Fannie MselFrsddia Mao UNIFORM INSTRUMENT Initkla: Papa 1 of 3 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit-, and (b) any sums already collected from me which exceeded permitted Ihnits will be refunded to me. '17te Note 1 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. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Bolder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note 1-folder. The amount of the charge will be 5.000 % of my overdue payment of principal and interest. 1 will pay this laic charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the dale it is due, 1 will be in default. (C) Notice of Default If I am in default, the Note I- lolder unay send me a written notice telling me that if" I do not pay the overdue amount by a certain dale, 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 date must be at least 30 days alter die date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require nne to pay immediately in full as described above. the Note holder will still have the right to do so if I am in default at a later lime. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immicdiately in full as described above, the Note llolder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent noL prohibited by applicable law. 'Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES tJnless applicable law requires a different method, any notice that must be given to nne under this Note will be given by delivering it or by mailing it by first class mail to me 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 mailing it by first class mail 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. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including tine obligations of a guarantor, surety or endorser of this Note, is also obligated la keep all of the promises made in this Note. "1 7he Note l-iolder may enforce its rights under this Note against each person individually or against all of us together. 'This means tlat any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS 1 and any other person who has obligations under this Note waive die rights of Presentment and Notice of Dishonor. "Presentment" nncans the right to require the Note I•lolder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to Other persons that amounts due have not been paid. MULTISTATE FIXED RATE NOTE • Single Family - Fannie MaNFraddle Mac UNIFORM INSTRUMENT YMP 6 Wolters Kluwer Financial Services Inili -W Pape 2 of 3 10. UNIFORM SECURED NOTE This Note is a unifortn instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Decd of Trust, or Security Deed (the "Security Instrument "), dated the saute date as this Note, protects the Note Molder from possible losses which might result if I do not keep the promises which 1 make in this Note. '17hat Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions arc described as follows: If all or any part of the Property or any Interest in the Properly is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in lull of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender il' such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE I-IA D(S) AND SEAL(S) OF THE LJNDERSIGNED. (Seal) (Seal) RICHARD Y - Borrower - Ilorrowcr (Seal) (Seal) - Borrower - Borrower (Seal) (Seal) - Borrower - Ik)rrower (Seal) (Seal) - Borrower - Ikxrower [Sigh Original Only] MULTISTATE FIXED RATE NOTE - Single Family - Famiy Mae /Freddie Mae UNIFORM INSTRUMENT vMP Wolters Kluww Financial Services spa o Exhibit "B" LEGAL DESCRIPTION ALL THAT CERTAIN lot, parcel, or tract of land situate in the Township of East Pennsboro, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the western right -of -way line of Center Street (60 foot right -of -way, 20 +- foot macadam), said point being the southeastern corner of Lot No. 2 on the hereinafter mentioned Plan of Lots; thence by the western right -of -way line of Center Street South 30 degrees 32 minutes 00 seconds West, a distance of 289.43 feet to a point at a cul -de -sac; thence continuing along said cul -de -sac, South 66 degrees 17 minutes 53 seconds West, a distance of 162.32 feet west to a point at the eastern right -of -way line of East Penn Drive, S.R. 1015 (relocated) variable width R/W; thence by the eastern right -of -way line of East Penn Drive by a curve extending to the left in a northwesterly direction having a radius of 2912.79 feet an arc length of 162.34 feet to a point at Lot No. 2 on the hereinafter mentioned Plan of Lots; thence by Lot No. 2, North 87 degrees 18 minutes 30 seconds East, a distance of 153.05 feet to a point at the western right -of -way line of Center Street, the point and place of BEGINNING. BEING Lot No. 1 on a Final Subdivision Plan for East Pennsboro Township recorded in Cumberland County Plan Book 80, Page 150 and CONTAINING 15,343.33 square feet or 0.3522 acres. HAVING thereon erected a single family dwelling known and numbered as 829 Center Street, Enola, Pennsylvania. File #: 317607 UNDER AND SUBJECT to a 10 foot utility easement and a 25 foot sanitary sewer easement as shown on a Final Subdivision Plan for East Pennsboro Township recorded in Cumberland County Plan Book 80, Page 150. BEING part of the same premises which the Township of East Pennsboro by its deed dated October 6, 2005 and recorded October 13, 2005 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 271, Page 2152, granted and conveyed unto Home Designs Unlimited, LLC. PROPERTY ADDRESS: 829 CENTER STREET, ENOLA, PA 17025 -2906 PARCEL # 09 -16- 1052 -057. File #: 317607 VERIFICATION Linwood Williams , hereby states tha &she is Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff in this matter, that@h /she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best o hi /her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. W , Name: Linwood Williams Title: Vice President Loan Documentation Company: Wells Fargo Bank, N.A. Date: 03/20/2013 086 -PA -V2 File # 317607 FORM I IN THE COURT OF COMMON *AS WELLS FARGO BANK, N.A. OF CUMBERLAND COUNTY, PE IVA Plaintiff(s) VS.> RICHARD D. RAPSEY _W c c Defendants) ' Civil - 4 Cp Co 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 MidPenn Legal Services at (717) 2439400 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 representativewith 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 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: Z Date onathan Lobb, Esq., Id. No.312174 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: 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: Office: Cell: Other: Email: # of people in household: How long? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? 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 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 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 Mortgage Food 2 nd Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. not covered Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Mone Da /Child Care /Tuft. Other Expenses 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: I /We, , authorize the above named _ to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /We understand that I /we am/are under no obligation to use the services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this page along with the following information to lender: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE 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 #: 317607 SHERIFF'S OFFICE OF CUMBERLAND COUNTY,F,L Ronny RAnderson /Hr PRt)TF� t Sheriff p f R f'a Q�ntr of Cu�6r � a 2013 APR Jody S Smith Ply 3. Chief Deputy 4g- C[jMBeRL Richard W Stewart "ENNS��VA � ` Solicitor OFFICE OF TkE SkERIFF Wells Fargo Bank, N.A. Case Number vs. Richard D Rapsey 2013-1678 SHERIFF'S RETURN OF SERVICE 04/09/2013 07:15 PM- Deputy Ryan Burgett, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendant,to wit: Richard D Rapsey at 1656 Main Street, Lower Allen, Mechanicsburg, PA 17055. RYAN BURGETT, DEPU 04/10/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Richard D Rapsey, 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 829 Center Street, East Pennsboro, Enola, PA 17025. Residence is vacant. SHERIFF COST: $68.00 SO ANSWERS, x 2w� April 10, 2013 R-ONW R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft Inc. 'FILED-OFFICE OF THE PROTHONOTARY 2013 APR 26 AM 9. 54 Phelan Hallinan,LLP CUMBERLAND COURTtYrney For Plaintiff 1617 JFK Boulevard,Suite 1400 PENNSYLVANIA One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 WELLS FARGO BANK,N.A. Court of Common Pleas Plaintiff Civil Division vs CUMBERLAND County RICHARD D.RAPSEY Defendant No. 13-1678 CIVIL PRAECIPE TO THE PROTHONOTARY: ❑Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ®Please mark the above referenced case Settled,Discontinued and Ended. ❑Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. ❑Please mark the in rem judgment Satisfied and the action Discontinued and Ended. ❑ Please Vacate the Judgment entered. Date: 6611 7 PHfA. L AN,LLP By: Jos so e,Es .No.200479 for Plaintiff PHS#317607 Phelan Hallman;LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 WELLS FARGO BANK,N.A. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County RICHARD D. RAPSEY No. 13-1.678 CIVIL Defendant PHS#31.7607 CERTIFICATION OF SERVICE 1 hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s)on the date listed below: RICHARD D.RAPSEY 829 CENTER STREET ENOLA,PA 17025-2906 Date: PHEL HAL AN,LL By: Joseph A.D s y , sq.,Id.No.200479 Atto y for Plaintiff FILED-OFFICE Or THE PROTHONOTARY Phelan Hallinan,LLP 1043 AFB 26 AM'10' 03 Attorney For Plaintiff 1617 JFK Boulevard,Suite t £RLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia,PA 19103 215-563-7000 WELLS FARGO BANK,N.A. Court of Common Pleas Plaintiff Civil Division vs CUMBERLAND County RICHARD D. RAPSEY Defendant No. 13-1678 CIVIL PRAECIPE TO THE PROTHONOTARY: ❑ Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ® Please mark the above referenced case Settled, Discontinued and Ended. ❑.Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. ❑ Please mark the in rem judgment Satisfied and the action Discontinued and Ended. ❑ Please Vacat' the Judgment entered. Date: C. PHELA H.ALLI ,LL By: Joseph A. Des�J� Es .No.200479 Attorn Plaintiff PHS #317607 Phelan Hallinan,LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 WELLS FARGO BANK,N.A. Court of Conunon Pleas Plaintiff Civil Division V. CUMBERLAND County RICHARD D.RAPSEY No. 13-1678 CIVIL Defendant PHS#31.7607 CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: RICHARD D.RAPSEY 829 CENTER STREET ENOLA;PA 170 5-29 6 Date: PHELA AL N, P By: . Joseph A. ess VC,Es ., d.No.200479 ttornne Al laintiff