HomeMy WebLinkAbout13-4481 ,Supreme Court.of Pennsylvania
Cou "omm Pleas
1 1 For Prothonotary Use Only:
41 ilk ove ?, beet
CUMBEAND County Docket No:��� ST
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace thefiling and service ofpleadings or other papers as required by law or rules of court.
S Commencement of Action:
❑D 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: RYAN C. JONES A/K/A R. C. J.
T
I Are money damages requested? ❑ Yes ❑x No Dollar Amount Requested: ❑ within arbitration limits
0 (Check one) ❑x outside arbitration limits
N Is this a Class Action Suit? ❑ Yes Z No Is this an MDJ Appeal? ❑ Yes 9 No
A Name of Plaintiff/Appellant's Attorney: Allison F. Zuckerman, Esq., Id. No.309519, Phelan Hallinan, LLP
❑ Checic here if you have no attorney (are a Self- Represented [Pro Se] Litigant)
Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
❑ Intentional ❑ Buyer Plaintiff Administrative Agencies
❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment
❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections
❑ Nuisance ❑ Dept. of Transportation
❑ Premises Liability ❑ Statutory Appeal: Other
❑ Product Liability (does not
S include mass tort) ❑ Employment Dispute:
❑ Slander/Libel/ Defamation Discrimination
E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board
C ❑ Other:
T
I MASS TORT ❑ Other:
0 ❑ Asbestos
N ❑ Tobacco
❑ Toxic Tort - DES
❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS
❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration
B ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment
❑ Ground Rent ❑ Mandamus
❑ Landlord/Tenant Dispute ❑ Non- Domestic Relations
N 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
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PENNSYLVANIA
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
allison.zuckerman@phelanhallinan.com
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.
RYAN C. JONES A/K/A R. C. J.
1216 MITCHELL DRIVE
MECHANICSBURG, PA 17050 -3132
MIRANDA KRISHAK A/K/A MIRANDA L.
KRISHAK
1216 MITCHELL DRIVE
MECHANICSBURG, PA 17050 -3132
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:
Cl
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062 -PA -V3
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1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW
BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff').
2. The Defendants, RYAN C. JONES A/K/A R. C. J. and MIRANDA KRISHAK
A/K/A MIRANDA L. KRISHAK, are individuals whose last known address are 1216
MITCHELL DRIVE, MECHANICSBURG, PA 17050 -3132.
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 November 29, 2010, R. C. J. and MIRANDA KRISHAK made,
executed and delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS
NOMINEE FOR GRAYSTONE MORTGAGE a Mortgage in the original principal amount of
$194,832.00 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. 201035772. 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. By Assignment of Mortgage recorded March
11, 2013, the mortgage was assigned to WELLS FARGO BANK, NA which Assignment is
recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 201307875.
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.
6. RYAN C. JONES A/K/A R. C. J. and MIRANDA KRISHAK A/K/A
MIRANDA L. KRISHAK are record and real owners of the aforesaid mortgaged premises.
062 -PA -V3
7. 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 February 1, 2013.
8. As of 07/19/2013, the amount due and owing Plaintiff on the mortgage is as
follows:
Principal Balance $187,828.16
Interest $ 4,384.99
01/01/2013 through 07/19/2013
Late Charges $ 287.90
Property Inspections $ 15.00
Escrow Deficit $ 288.08
TOTAL $192,804.13
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 action does not come under Act 91 of 1983 because the mortgage is FHA -
insured.
11. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff
is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to
do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of
personal liability in a bankruptcy proceeding, this action is in no way an attempt to re- establish
such liability.
062 -PA -V3
WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the
amount due of $192,804.13, 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 Ooomn F. Z erman, sq., Id. No.309519
/1 e or Plaint'
062 -PA -V3
Exhibit "A"
'r
Multistate NOTE
November 29th, 2010 HARRISBURG, PA
[Date] lCUyl [State]
1216 Mitchell Drive, Mechanicsburg, PENNSYLVANIA 17050
[Property Address]
1. PARTIES
"Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender"
means GRAYSTONE MORTGAGE
and its successors and assigns.
2. BORROWER'S PROMISE TO PAY; INTEREST
In return for a loan received from Lender, Borrower promises to pay the principal sum of One Hundred
Ninety Four Thousand Eight Hundred Thirty Two and no /100- - - - - Dollars
(U.S. $ 194, 832.00 ) plus interest, to the order of Lender. Interest will be charged on unpaid principal, from
the date of disbursement of the loan proceeds by Lender, at the rate of Pour and one quarter
percent ( 4.250 %) per year until the full amount of principal has been paid.
3. PROMISE TO PAY SECURED
Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrumem that is dated the
same date as this Note and called the "Security Instrument." The Security Instrument protects the Lender from losses
which might result if Borrower defaults under this Note.
4. MANNER OF PAYMENT
(A) Time
Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on
January let, 2011 Any principal and interest remaining oil the first day of December, 2040
will be due on that date, which is called the "Maturity Date."
(B) Place
Payment shall be made at 5115 EAST TRINDLE ROAD, MECHANICSBURG, PA 17050
or at such place as Lender may designate in writing by notice to Borrower.
(C) Amount
Each monthly payment of principal and interest will be in the amount of U.S. $) 958.46 This amount will
be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and
other items in the order described in die Security Instrument.
(D) Allonge to this Note for Payment Adjustments
If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of
the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a
part of this Note. [Check applicable box]
❑ Graduated Payment Allonge ❑ Other [specify]
❑ Growing Equity Allonge
S. BORROWER'S RIGHT TO PREPAY
Borrower has the right to-pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the
first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the
amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the
Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in die amount of the
monthly payment unless Lender agrees in writing to those changes.
6. BORROWER'S FAILURE TO PAY
(A) Late Charge for Overdue Payments
If Lender has not received die full monthly payment required by the Security Instrument, as described in Paragraph
4(C) of this Note by die end of Fifteen calendar days after the payment is due, Lender may collect a
late charge in the amount of Pour percent ( 4.000 %)
of the overdue amount of each payment.
(B) Default
If Borrower defaults by filling to pay in full any monthly payment, then Lender may, except'as limited by
regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance
remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in tie
FHA Multititate Rate Note - 12/95 Initials:
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event of any subsequent default. In many circumstances regulations issued by the Secretary will limit lender's rights to
require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not
permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban
Development or his or her designee.
(C) Payment of Costs and Expenses
If Leader has required immediate payment in full, as described above, Lender may require Borrower to pay costs
and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by
applicable law. Such fees and costs slhall bear interest from the date of disbursement at the same 'rate as the principal of
this Note.
7. WAIVERS
Borrower and any other person who has obligations under this Note waive die rights of presentment and notice of
dishonor. "Presentment" means the right to require Leader to demand payment of amounts due. "Notice of dishonor"
meats die right to require Lender to give notice to utter persons that amounts due have not been paid.
S. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be
given by delivering it or by mailing it by first class mail to Borrower at die property address above or at a different
address if Borrower has given Leader a notice of Borrower's different address.
Any notice that must be given to Lender under this Note will be given by first class mail to Lender at die address
stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person if fully and personally obligated to keep all of the promises
made in this Note, including die promise to pay the full amount owed. Any person who is a guarantor, surety or
endorser of Otis Note is also obligated to do these things. Any person who takes over these obligations, including die
obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note.
Lender may enforce its rights under this Note against each person individually or against all signatories together. Any
one person signing this Note may be required to pay all of the amounts owed under this Note.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note.
�-
(Seal)
PAY TO THE ORDER OF: Ryan C Jonee - Borrower
Franklin American Mortgage
Company WITHOUT RE COURSE
PAY TOT Hr. ORDEROF (Sign Original Only)
GR RE DRSEt
Wells Fargo Bank, N.A•
GRAY ORT B
By (Martin
William R•
0 aidenl
a Preaid t
Pay to the order of
Wefts F o Bank, N.A.
without recourse
Franklin American Mortgage Company
Julie Bwop
Senior VP of Operation
k1lA Multistate Rate (Mote - 12/95
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Exhibit "B"
LEGAL DESCRIPTION
ALL THAT CERTAIN lot or piece of ground situate in Mechanicsburg Borough, County of
Cumberland, Commonwealth of Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point on the northern side of Mitchell Drive, which point is at the division
lines of Lots Nos. 23 and 24 on the hereinafter mentioned Plan of Lots; thence North 7 degrees
13 minutes 30 seconds West along said division line, a distance of one hundred ten (110) feet to
a point at the division line of Lots Nos. 5 and 23; thence North 82 degrees 46 minutes 30 seconds
East along said division line and beyond a distance of seventy (70) feet to a point at the division
lines of Lots Nos. 22 and 23 on said Plan; thence South 7 degrees 13 minutes 30 seconds East
along said division line a distance of one hundred ten (110) feet to a point on the Northern side
of Mitchell Drive; thence South 82 degrees 46 minutes 30 seconds West, along the
aforementioned Mitchell Drive, a distance of seventy (70) feet to a point, the place of
BEGINNING.
BEING Lot No. 23 on Section 1 of Valley Stream Estates which Plan is recorded in and for
Cumberland County in Plan Book 13, Page 6.
HAVING thereon erected a single dwelling house known and numbered as 1216 Mitchell Drive,
Mechanicsburg, Pennsylvania.
PROPERTY ADDRESS: 1216 MITCHELL DRIVE, MECHANICSBURG, PA 17050 -3132
PARCEL #19 -23- 0569 -023.
Filet 818468
VERIFICATION
Jasmin McLean, hereby states that he/ he Vice President Loan Documentation of
WELLS FARGO BANK, N.A., plaintiff in this matter, that he/ he s authorized to make this
Verification, and verify that the statements made in the foregoing Civil Action in Mortgage
Foreclosure are true and correct to the best of his e 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.
J1l ►�
Name: min McLean
Title: Vice President Loan Documentation
Company: Wells Fargo Bank, N.A.
Date: 07/23/2013
086-PA-V2 File # 818468
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 #: 818468
FORM 1
IN THE COURT OF COMMON PLEAS
WELLS FARGO BANK, N.A. OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s)
VS. c ?
RYAN C. JONES A/K/A R. C. J.
MIRANDA KRISHAK A/K/A MIRANDA L. c c
KRISHAK J° wil civil
Defendant(s) J
NOTICE OF RESIDENTIAL MORTGAGE FORECL65k" .
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) 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 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:
CUSTOM ER/PRI
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?
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 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
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
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:
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 sery icing 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:
AUTHORIZATION
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 1 /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)
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson ' ` ` ,€'' G I'^ .
Sheriff ' �;EE PRO H 1 1A i/ ( ,
Jody S Smith ?0I3 SEP I I Alf IO: 13
Chief Deputy si +Axt-,n'
Richard W Stewart *+ " 5 CIJ BERLAND ('t UNI
Solicitor Orf)cE OF THE>HZRIFr PENNSYLVANIA
Wells Fargo Bank, N.A.
vs. Case Number
Ryan C Jones(et al.) 2013-4481
SHERIFF'S RETURN OF SERVICE
08/13/2013 06:24 PM- Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search
and inquiry for the within named Defendant to wit: Miranda Krishak, 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
1216 Mitchell Drive, Mechanicsburg Borough, Mechanicsburg, PA 17050. Per current resident the
defendant no longer resides at this address. The Mechanicsburg Postmaster provided a forwarding
address of 107 W. Siddonsburg Road, Dillsburg, PA 17019 which is located in York County.
08/13/2013 06:24 PM - Deputy Amanda Cobaugh, 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: Ryan
C Jones at 1216 Mitchell Drive, Mechanicsburg Borough, Mechanicsburg, PA 17050.
MAMA A C BAUGH, DEPUTY
SHERIFF COST: $55.95 SO ANSWERS,
September 04, 2013 RONW R ANDERSON, SHERIFF
(c)CountySuite Sheriff,Teleosoft,Inc.
14E PRO T HON()TAR Y
2$t DEC -9 AM I0t f 8
•
PHELAN HALLINAN,LLP .� � � � 0 �
Meredith Wooters,Esq.,Id. No.307207 p �Y ��
1617 JFK Boulevard,Suite 1400
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
•
RYAN C.JONES A/K/A R. C. J. : No. 13-4481-CIVIL
MIRANDA KRISHAK A/K/A MIRANDA L. :
KRISHAK
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.
PHELAN HALLINAN, LLP
By: �CU 14,AfabW
Meredith Wooters,
Esq., d. No.307207
Attorney for Plaintiff
Date: 1 AfrJI 3
/nru, Svc Dept.
File#818468
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
tttt, of eArilulet,
Jody S Smith
Chief Deputy r ` J'"' 21 i\i d
Richard W Stewart -t
. i� c �w c=?"'. J.I>i Y l i t s -
Solicitor y
Wells Fargo Bank, N.A. Case Number
vs. 2013-4481
Ryan C Jones(et al.)
SHERIFF'S RETURN OF SERVICE
12/10/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Miranda Krishak, but was unable to locate the Defendant in the
Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within
Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure
according to law.
12/23/2013 08:35 AM-The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint
in Mortgage Foreclosure served by the Sheriff of York County upon Miranda Krishak, personally, at 107
W. Siddonsburg Road, Dillsburg, PA 17019. Richard P. Keuerleber, Sheriff, Return of Service attached to
and made part of the within record.
SHERIFF COST: $37.00 SO ANSWERS,
January 16, 2014 RONNY R ANDERSON, SHERIFF
sr cos f ..
SHERIFF'S OFFICE OF YORK COUNTY
Richard P Keuerleber �f, f s Or,- PETER J. MANGAN, ESQ.
Sheriff .� C, Solicitor
Reuben B Zeager Richard E Rice, II 0
Chief Deputy, Operations �"c�3°"t Chief Deputy,Administration
WELLS FARGO BANK, N.A
vs. Case Number
RYAN C. JONES A/K/A R.C.J. (et al.) 1 13-4481 CIVIL
SHERIFF'S RETURN OF SERVICE
12/23/2013 08:35 AM- DEPUTY MICHAEL DONOVAN, BEING DULY SWORN ACCORDING TO LAW, SERVED
THE REQUESTED NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM
BY"PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE
THE DEFENDANT,TO WIT: MIRANDA KRISHAK A/K/A MIRANDA L. KRISHAK AT 107 WEST
SIDDONSBURG ROAD, DILLSBURG, PA 17019.
MICHAEL DONOVAN DEPUTY
SHERIFF COST: $113.20 S. ERS,
AMP r/
January 13, 2014 RICHARD P KEUER EBER, SHERIFF
COMMONWEALTH OF PENN5YLVANYA
Notarial Seal
Sheila E.Cook,Notary Public
City of York,York County 2017
I My Commission E� XP___ fires Feb•1,
IEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES
NOTARY
Affirmed and subscribed to before me this
13TH day of JANUARY , 2014 _Z.e/J
(cl Cour•fySul 0 Shim L Tei&asa:t irir...
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.
Plaintiff
v.
RYAN C. JONES
A/K/A R. C. J.
MIRANDA KRISHAK
A/K/A MIRANDA L. KRISHAK
Defendant(s)
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 13 -4481 -CIVIL
PRAECIPE
TO THE PROTHONOTARY:
M Please withdraw the complaint and mark the action Discontinued and Ended without prejudice.
❑ Please mark the above referenced case Settled, Discontinued and Ended.
M Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice.
n Please mark the in rem judgment Satisfied and the action Discontinued and Ended.
n Please Vacate the Judgment entered.
Date:
PH # 818468
PHELAN HAWNAN LLP
By:
Chrisovalante P. Fliakos, Esq., Id. No.94620
Attorney for Plaintiff
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.
Plaintiff
v.
RYAN C. JONES
A/K/A R. C. J.
MIRANDA KRISHAK
A/K/A MIRANDA L. KRISHAK
Defendant(s)
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 13 -4481 -CIVIL
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:
RYAN C. JONES
A/K/A R. C. J.
1216 MITCHELL DRIVE
MECHANICSBURG, PA 17050-3132
MIRANDA KRISHAK
A/K/A MIRANDA L. KRISHAK
107 W SIDDONSBURG RD
DILLSBURG, PA 17019-9128
Date: I'IZ11S
PHELAN HALLINAN. LLP
By:
Chrisovalante P. Fliakos, Esq., Id. No.94620
Attorney for Plaintiff
C