HomeMy WebLinkAbout13-6651 Supreme Court of Pennsylvania
Cour f Co m°on Pleas
F
, t. or Prothonotary Use Only:
C IVII . ` Cov -e�; Sheet
CUMBERLAND= )~ County Docket No: /
it Q
The information collected on this form is used solely for court administration purposes. This form does not
supp lement or replace thefiling and service ofpleadings or other a ers 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 Plaintiffs Name: WELLS FARGO BANK, N.A. Lead Defendant's Name: RICHARD E. REED, JR A/K/A
T RICHARD E. REED
I Are money damages requested. ❑Yes 9 No Dollar Amount Requested: ❑ within arbitration limits
U (Check one) Z outside arbitration limits
N Is this a Class Action Suit? ❑ Yes Z No Is this an MDJ Appeal? ❑ Yes 0 No
A Name of PlaintiffJAppellant's Attorney: Meredith Wooters. Esq., Id. No.307207, Phelan Hallinan LLP
❑ Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant)
Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
❑ Intentional ❑ Buyer Plaintiff Administrative Agencies
❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment
❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections
❑ Nuisance ❑ Dept. of Transportation
❑ Premises Liability ❑ Statutory Appeal: Other
❑ Product Liability (does not
S include mass tort) ❑ Employment Dispute:
❑ Slander/Libel/ Defamation Discrimination
E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board
C ❑ Other:
T
O MASS TORT ❑ Other:
❑ Asbestos
N ❑ Tobacco
❑ Toxic Tort - DES
❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS
❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration
B ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment
❑ Ground Rent ❑ Mandamus
❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations
® 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
t;'UMBERLA% -NO COUNTY
PLENNSYLVANIA
PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF
Meredith Wooters, Esq., Id. No.307207
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Meredith.Wooters@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.: 3 • tJ1 J/
VS.
RICHARD E. REED, JR A/K/A RICHARD E. REED
CAROLE L. REED N /K/A CAROLE L. EISENSTEIN
2 PATTON RD A/K/A, 2 PATTON DRIVE
MECHANICSBURG, PA 17055 -2786
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 STATEVIE�
BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff').
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062 -PA -V3 ' p�"/ 86 7
2. The Defendants, RICHARD E. REED, JR A/K/A RICHARD E. REED and
CAROLE L. REED N /K/A CAROLE L. EISENSTEIN, are individuals whose last known
address are 2 PATTON RD A /K/A, 2 PATTON DRIVE, MECHANICSBURG, PA 17055 -2786.
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 September 22, 1999, RICHARD E. REED, JR and CAROLE L.
REED made, executed and delivered to PNC MORTGAGE CORP. OF AMERICA ,AN OHIO
CORPORATION a Mortgage in the original principal amount of $120,650.00 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 Book
1573, Page 606. 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 April 5,
2007, the mortgage was assigned to WELLS FARGO BANK, NA which Assignment is
recorded in the Office of the Recorder of CUMBERLAND County in Book 0735, Page 3473.
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. RICHARD E. REED, JR A/K/A RICHARD E. REED and CAROLE L. REED
N /K/A CAROLE L. EISENSTEIN are record and real owners of the aforesaid mortgaged
premises.
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 July 1, 2013.
062 -PA -V3
8. As of 11/05/2013, the amount due and owing Plaintiff on the mortgage is as
follows:
Principal $95,880.84
Interest $3,280.11
From 06/01/2013 to 11/05/2013
Late Charges $177.04
Escrow Advance $653.08
Property Inspections $0.00
Property Preservation $0.00
BPO /Appraisals $0.00
Escrow Balance $0.00
Corporate Advance Credit $0.00
Total $99,991.07
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
062 -PA -V3
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 $99,991.07, 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: Meredith Wooters, Esq., Id. No.307207
Attorney for Plaintiff
062 -PA -V3
Exhibit "A"
NOTE. - -
September 22, 1999 Huntingdon Pennsylvania
f Date) (City] (State]
2 Patton Drive
Mechanicsburg, PA 17055
[Property Address]
1. BORROWER'S PROMISE TO PAY
In return fora loan that I have received, I promise to pay U.S. $ 12 0,650-00 - - - - - - - - - - (this amount is called
"principal"), plus interest, to the order of the Lender. The Lender is PNC Mortgage Corp. of America, an Ohio
Corporation
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 on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly
rate of 8.000 %.
The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B)
of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making payments every month.
1 will make my monthly payments on the lot day of each month beginning on November 1 ,
1 1994 . I will make these payments every month until I have paid all of the principal and interest and any other charges
described below that I may awe under this Note. My monthly payments will be applied to interest before principal. If, on
i October 1, 2029 , I still owe amounts tinder this Note, I will pay those amounts in full on that date,
which is called the "Maturity Date."
I will make my monthly payments at 75 North Fairway Drive Vernon Hills, IL 60061
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. $ 885.29
4. BORROWER'S RIGHT TO PREPAY
1 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 1 make a prepayment, I will tell the Note Holder in writing that I am doing so.
I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all
of my prepayments to reduce the amount of principal that I owe under this 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.
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: (i) any such loan
charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected
from me which exceeded permitted limits 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. 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 Holder 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 Holder. The amount of the charge will be 5.000 dyo of
my overdue payment of principal and interest. I will pay this late 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 date it is due, I will be in default.
MULTISTATE FIXED RATE NOTE - Single Family - FNMAIFHLMC Uniform Instrument
Form 3200 12/83
POR 191051.05 Amended 6/91
M ELECTRONIC LASER FORMS, INC. • S8001327.05
Paps 1 of 2 Initisls:�l�
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that. if I do not pay the overdue amount by a
certain date, the Note Holder may require me 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 after the date on which the notice is delivered or
mailed to me.
(D) 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 Note Holder will still have the right to do so if I am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above. the Note Holder will have the right to
be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those
expenses include, for example, reasonable attorneys' fees.
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 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 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 1 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 the obligations of a 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 individually or against all of us together. This means that any one of us may be
required to pay all of the amounts owed under this Note.
9. WAIVERS
I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor.
"Presentment" means the right to require the Note Holder 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.
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 (the "Security Instrument "), dated the same date as
this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this
Note. That Security Instrument describes how and under what conditions 1 may be required to make immediate payment in full
of all amounts I owe under this Note. Some of those conditions are described as follows:
Transfer of the Property or a Beneficial Interest in Borrower. if all or any part of the Property or any
interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is
not a natural person), without Lender's prior written consent, Lender may, at its option, require immediate
payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised
by lender if exercise is prohibited by federal law as of the date of this Security Instrument.
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 delivered or mailed 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 HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
(Seal) Q•G (Seal)
Richard B heed, Jr - Borrowe - Borrower
(Seal) (Seal)
- Borrower MAV - Borrower
TO THE ORDER OR
SSN: [Sign Original Only]
WITHOUT RECOURSE
PNC t�/crtgage Corp. of Ametica
;9g
Asst. Secretary "�-
-Prm Pa ys E. wassel Form 3200 1 2/83
Exhibit "B"
LEGAL DESCRIPTION
ALL THAT CERTAIN piece or parcel of land situate in Mechanicsburg, Cumberland County,
Pennsylvania, more particularly bounded and described as follows, to wit:
BEGIINING at a point on the Southern side of Patton Road which point is also the dividing line
of Lots Nos. 10 and 11, Block D, on the hereinafter mentioned Plan of Lots; thence along the
dividing line of Lots Nos. 10 and 24, Block D, on the hereinafter mentioned Plan of Lots, South
79 degrees 37 minutes West 98.19 feet to a point; thence along the dividing line of Lots Nos. 10
and 25 on the hereinafter mentioned Plan of Lots North 61 degrees 37 minutes West 43.87 feet to
a point; thence along the Western side of Lot No. 10, Block D, 141.39 feet to a point on the
Southern side of Patton Road; thence by an arc curving to the left having a radius of 175 feet an
are distance of 60.0 feet to a point, to the point and place of BEGINNING.
BEING Lot No. 10, Block D, on the final Plan of part of Blocks A,C,D,E,F, D and H,
Wynnewood Park as recorded in the Cumberland County Recorder's Office in Plan Book 90,
Page 116.
UNDER AND SUBJECT to a 25 foot building set back line.
PROPERTY ADDRESS: 2 PATTON RD A/K/A, 2 PATTON DRIVE,
MECHANICSBURG, PA 17055 -2786
PARCEL #18 -22- 0519 -302.
File #: 934324
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 #: 934324
FORM 1
IN THE COURT OF COMMON PLEAS
WELLS FARGO BANK, N.A. OF CUMBERLAND COUNTY, PENNSYLVANIA L .:
Plaintiff(s)
RICHARD E. REED, JR A/K/A RICHARD E. r'" —+r
REED
CAROLE L. REED N/K/A CAROLE
L
EISENSTEIN .
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 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:
1\ \�
Wall
Date Meredith Wooters, Esq., Id.
No.307207
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:
CUSTONIERTRIMARY
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-BORRONVER
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
2 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 Money
Day /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 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:
AumORIZATION
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 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)
{
VERIFICATION
Jasmin McLean, hereby states that he she 's Vice President Loan Documentation of
WELLS FARGO BANK, N.A., plaintiff in this matter, that he/ leis 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 er 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.
Name: asmin McLean
Title: Vice President Loan Documentation
Company: Wells Fargo Bank, N.A.
Date: 11/06/2013
086 -PA -V2 File # 934324
SHERIFF'S OFFICE OF CUMBERLAND COUNTY 2 `r
Ronny R Anderson �a '`�
Sheriff �
ri r.rt � ►
Jody S Smith 4�i.�«ti� i mrrabrr'rr/4 ., -01.--;-1
t/)�- t �1
Chief Deputy .
Richard W Stewart - - < -v --r:
Solicitor OFF ICE OF THE OFFE ,F P = <.� cp.)r.•
—.i r.)
OD :`-°
-<
Wells Fargo Bank
vs. Case Number
Richard E. Reed, Jr. 2013-6651
SHERIFF'S RETURN OF SERVICE
11/15/2013 03:53 PM - Deputy Shawn Harrison, being duly sworn according to law, ser ed t 'requested Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint in . •age ' oreclosure by
"personally"handing a true copy to a person representing themselves •. .- h: I-fendant, to wit:
Richard E. Reed, Jr. at 2 Patton Road, Mechanicsburg Borough, Mech: g, 'A 17055.
y
S '47 N 1;p,7r: 1,I EPUTY
12/02/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Carole L. Reed, 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 312 E. Main Street 2nd
Floor, Mechanicsburg Borough, Mechanicsburg, PA 17055. Deputies were advised by a neighbor that the
defendant moved out several months agao and per the Mechanicsburg Postmaster the defendant is not
known at the address provided.
SHERIFF COST: $71.60 SO ANSWERS,
December 02, 2013 RONY R ANDERSON, SHERIFF
•
•)CauntySu'te Sheriff,Te'eascft, nc.
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7177957896 P' 3
Nov 21 2013 8: 02PM US POSTAL SERVICE No. ��28 P. 2
•
Nov. 20. 2013 8;5)�1M Cumberland Caunty Sherrif .
•
RDNNY.R.ANDERSON '- '
. JODY S,SMITH -, , , , ,
' , Ctilaf oapury •OFFICE OF,THE''SHERIFF • , ,
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, One Courthouse Square,.Room 303 ,
. Cer11a1e,Pemnsylvanie 17013' . ' ' • • •• ' •
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Addrasi• sferttiatlan ltequcrt.(Requited format) '
• • Exhibit,3SZ,44b ,. • .
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PHELAN HALLINAN,LLP0 QEC '6 Q �•
• • Meredith Wooters,Esq.,Id.No.307207
1617 JFK Boulevard,Suite 1400 CUM8 NS`V A TY
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
RICHARD E. REED, JR A/K/A RICHARD E. : No. 13-6651 CIVIL
REED
CAROLE L. REED N/K/A CAROLE L. :
EISENSTEIN
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, LP
By: I_ 'LLe�l II
Meredith Wooters,Esq., Id. No.307207
Attorney for Plaintiff
Date: l d I j3 l.3
/nru, Svc Dept.
File#934324
am4
-p4,[. dcicici40
Q
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
uiati srt�xta� F7
Jody S Smith 'a
iv! - f F' C;•
Chief Deputy �:. r., '
Richard W Stewart R I � p L j 1.f
Solicitor
Wells Fargo Bank
vs. Case Number
Richard E. Reed, Jr. (et al.) 2013-6651
SHERIFF'S RETURN OF SERVICE
12/26/2013 06:27 PM - Deputy Dennis Fry, 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 Tim Peiffer, boyfriend,who accepted as"Adult
Person in Charge"for Carole L. Reed a/k/a Carole L. Einstein at 12 Robin Court, Lower Allen,
Mechanicsburg, PA 17055.
D IS FRY, 177'
01/06/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Carole L. Reed a/k/a Carole L. Einstein, 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 2
Patton Road, Mechanicsburg Borough, Mechanicsburg, PA 17055. Deputies spoke to Richard Reed and
he once again informed the deputies that the defendant DOES NOT reside at this address and he does
not know her whereabouts.
SHERIFF COST: $82.90 SO ANSWERS,
January 06, 2014 RONNK ANDERSON, SHERIFF
�:,r�,
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PHELAN HALLINAN, LLP
Joseph P. Schalk, Esquire, Id. No. 91656 Attorney for Plaintiff
126 Locust Street
Harrisburg, PA 17101
215-563-7000 x 7365
WELLS FARGO BANK, NA Court of Common Pleas
3476 STATEVIEW BOULEVARD
FORT MILL, SC 29715 Civil Division
Plaintiff No. 13-6651-CIVIL
v.
Cumberland County
RICHARD E. REED, JR. A/K/A RICHARD E. REED
CAROLE L. REED N/K/A CAROLE L. EISENSTEIN
2 PATTON RD A/K/A 2 PATTON DRIVE
MECHANICSBURG, PA 17055-2786
Defendants
MOTION TO LIFT CONCILIATION STAY
Plaintiff, Wells Fargo Bank, NA (hereinafter "Plaintiff'), by its attorney, Joseph P.
Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof
avers as follows:
1. On November 12, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure
against Defendants for their failure to make monthly payments of principal and interest upon their
mortgage due July 1, 2013, and each month thereafter. A true and correct copy of the Complaint
is attached hereto, made part hereof and marked as Exhibit "A".
2. On December 26, 2013, Plaintiff completed service of the Complaint in Mortgage
934324
S
Foreclosure along with the Cumberland County Residential Mortgage Foreclosure Diversion
Program Notice upon the Defendants. A true and correct copy of the Sheriff's Return of Service
is attached hereto, made part hereof and marked as Exhibit"B".
3. Pursuant to the Cumberland County Administrative Order February 28, 2012,
which created the Cumberland County Residential Mortgage Foreclosure Diversion Program,the
Foreclosure action is stayed for sixty (60) days from the date of service.
4. Within 60 days after service of the complaint, the Defendants may opt into the
program by filing a Request for Conciliation Conference with the Court. Upon the filing of the
request, the Court will schedule a Conciliation Conference. The program provides that
Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of
notice if not represented by counsel.
5. If more than sixty (60) days has elapsed since the service of Notice of Residential
Mortgage Foreclosure Diversion Program and the Defendants have not opted to participate in the
Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the
Diversion Program.
6. Defendants have failed to opt into the Cumberland County Residential Mortgage
Foreclosure Diversion Program within sixty(60) days of service.
7. Since Defendants have opted not to participate in the Diversion Program, it is
appropriate for the stay to be lifted.
934324
•
WHEREFORE, Plaintiff respectfully requests that this matter be removed from the
Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic
stay be lifted.
Respectfully submitted,
PHELAN HALLINAN, LLP
Date: 1 1910 I 19 BY: ` .=„�..e Amiti
o.ep '. Schalk, Esquire
A orney for Plaintiff
934324
Exhibit "A"
Supreme Court of Pennsylvania
CourrolC011111rOn Pleas
For Prothonotary Use Ontst
Civil Cover Skeet
CUMBERLAND, County Docket Ne:
The irdbinuaion collected on this fium is used solely for court administration purposes. This form does not
, L0 _I:zce the filing and service ofpleadiygsoi:other eu„tea as ret liked bv law or rules 1'00101-
S Commencement of Action:
3 Complaint 0 Writ of Summons 0 Petition
E 0 Transfer from Another Jurisdiction 0 Declaration of Taking
C Lead Plaintiff's Name! WELLS FARGO BANK,N.A, Lead Defendant's Name: RICHARD E. REED,JR A/K/A
RICHARD In REED
Dollar Amount Requested: ED within arbitration limits
Are money damages requested? Li Yes 0 No
O (Check one) outside arbitration Emits
N Is this a Class Action Suit? 0 Yes 0 No Is this an MDJ Appeal? 0 Yes Z No
Name of Plaintiff/Appellant's Attorney: Meredith Wppters,Esq.,id.No,3072Q7,Phelan Hallinan,
A Li Check here if you have no attorney (arc a Self-Represented [Pro SO Litigant)
Nature of the Case: Place art"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 Mays Tort) CONTRACT(do not include Jutkownts) CIVIL APPEALS
0 Intentional 0 Buyer Plaintiff Administrative Agencies
0 Malicious Prosecution U Debt Collection:Credit Card 0 Board of Assessment
0 Motor Vehicle 0 Debt Collection:Other 0 Board of Elections
LJ Nuisance 0 Dept.of Transportation
0 Premises Liability 0 Statutory Appeal:Other
Product Liability(does not
inc/uricmos.s lor0 0 Employment Dispute:
S Slander/Libel/Defamation Discrimination
E El Other: 0 Employment Dispute:Other D Zoning Board
,„ Other:
0 Other:
MASS TORT
J Asbestos
• El Tobacco
LI Toxic Tort-DES
U Toxic Ton- Implant REAL PROPERTY MISCELLANEOUS
U Toxic Waste Ti Ejectment El Common Law/Statutory Arbitration
B 0 Other: Eminent Domain/Condemnation El Declaratory Judgment
0 Ground Rent U Mandamus
Ii Landlord/I enant Dispute U Non-Domestic Relations
r Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABILITY 0 Mortgage Foreclosure: Commercial 0 Quo Warrant()
0 Dental El Partition 0 Replevin
0 Quiet Title 0 Other:
Li Legal
Other:
0 Medical
Li Other Professional:
Pa.R.C.P. 205.5 Updated 01/01/2077
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 TIIAT 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
Filc )144
/TEO:OFFICE
OF THE PROTHONOTARY
-2013 NOV 12 AN 10: 35
CUMIKRLAND COUNTY
'PENNSYLVANIA
PHELAN HALLINAN,LLP ATTORNEY FOR PLAINTIFF
Meredith Wooters,Esq.,Id.No.307207
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
Meredith.Wooters@phelarballinan.com
215-563-7000
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA
WELLS FARGO BANK,NA.
3476 STATEVIEW BOULEVARD CIVIL DIVISION
FORT MILL,SC 29715
Plaintiff, NO.: )3- LiisS
vs.
RICHARD E.REED,JR A/K/A RICHARD E.REED
CAROLE L.REED N/K/A CAROLE L.EISENSTEIN
2 PATTON RD A/K/A,2 PATTON DRIVE
MECHAMCSBURG,PA 17055-2786
Defendants.
CIVIL ACTION-COMPLAINT IN MORTGAGE FORECLOSURE
And now comes WELLS FARGO BANK,NA,by its attorneys,Phelan Hallinan,LLP
and files this Complaint in Mortgage Foreclosure as follows:
1. The Plaintiff is WELLS FARGO BANK, NA., 3476 STATEVIEW
e a true tend"
BOULEVARD,FORT MILL,SC 29715 (hereinafter
,c)*
•r
,t Its..rrect cony lf the
062-PA-V3 p,„
2, The Defendants, RICHARD E. REED, JR A/K/A RICHARD E. REED and
CAROLE L. REED N/K/A CAROLE L. EISENSTEIN, are individuals whose last known
address are 2 PATTON RD A/K/A, 2 PATTON DRIVE, MECHANICSBURG, PA 17055-2786.
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 September 22, 1999, RICHARD E. REED, JR and CAROLE L.
REED made, executed and delivered to PNC MORTGAGE CORP. OF AMERICA ,AN OHIO
CORPORATION a Mortgage in the original principal amount of$120,650,00 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 Book
1573, Page 606. 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 April 5,
2007, the mortgage was assigned to WELLS FARGO BANK, NA which Assignment is
recorded in the Office of the Recorder of CUMBERLAND County in Book 0735, Page 3473,
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. RICHARD E, REED, JR A/K/A RICHARD E. REED and CAROLE L. REED
N/K/A CAROLE L EISENSTE1N are record and real owners of the aforesaid mortgaged
premises.
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 July 1, 2013.
062-PA-V3
. . _
8. As of 11/05/2013, the amount due and owing Plaintiff on the mortgage is as
follows:
Principal $95,880.84
Interest $3,280.11
From 06/01/2013 to 11/05/2013
Late Charges $177.04
Escrow Advance $653.08
Property Inspections $0.00
Property Preservation $0.00
BPO/Appraisals $0.00
Escrow Balance $0.00
Corporate Advance Credit $0.00
Total $99,991.07
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.
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
062-PA-V3
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$99,991.07,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: \4\
Meredith Wooters,Esq.,Id.No.307207
Attorney for Plaintiff
062-PA-V3
Exhibit "A"
`
; IT r - FHLMG
NOTE • 1111.1111111111
.,
September 22, 1999 Huntingdon Pennsylvania
Motel (Cityl [Sono]
2 Patton Drive
Mechanicsburg, PA 17055
[Property Address)
1.BORROWER'S PROMISE TO PAY
In return for a loan that I have received,I promise to pay U.S. $ 120,650.00 (this amount is called
"principal"), plus interest,to the order of the Lender.The Lender is PNC Mortgage Corp. of America, an Ohio
Corporation
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 on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly
rate of 8.000 %,
The interest rate required by this Section 2 is the rate I will pay both before and after any default described In Section 6(B)
of this Note.
3.PAYMENTS
(A)Time and Place of Payments
I will pay principal and interest by making payments every month.
I will make my monthly payments on the let day of each month beginning on November 1
1999 . I will make these payments every month until I have paid all of the principal and interest and any other charges
described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on
October 1, 2029 , I still owe amounts under this Note,I will pay those amounts in full on that date,
which is called the"Maturity Date."
I will make my monthly payments at 75 North Fairway Drive Vernon Hills, IL 60061
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.$ 995.29
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 a prepayment, I will tell the Note Holder in writing that I am doing so..
I may make a full prepayment or partial prepayments without paying any prepayment charge.The Note Holder will use all
of my prepayments to reduce the amount of principal that I owe under this 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.
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: (i)any such loan
charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and(ii)any sums already collected
from me which exceeded permitted limits 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. 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 Holder 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 Holder.The amount of the charge will be 5.000 %of
my overdue payment of principal and interest. I will pay this late 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 date it is due, I will be in default.
MULTISTATE FIXED RATE NOTE-Single Family-FNMAIFHLMC Uniform Instrument
3200 12/8
f -P6R(91061.06 Form Amended 6/91
ELECTRONIC LASER FORMS,INC,•18001327 06C L.L
Page of InIt1A": C /�
•
k.
(C)Notice of Default
if I am in default, the Note Holder may send me a written notice telling me that if i do not pay the overdue amount by a
certain date, the Note Holder may require mein 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 after the date on which the notice is delivered or
mailed to mc,
(D)No Waiver by Note Holder
Even lf, at a time whet) I am in default, the Note Holder does not require me 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 time.
(E)Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately;in full as described above, the Note Holder will have the right to
be paid back by nie for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law.Those
expenses include, for example, reasonable attorneys' fees.
7, GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me tinder 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 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 TIDS NOTE
if more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in
1 this Note, including the promise to pay the full amount owed.Any person who is a guarantor,surety or endorser of this Note Is
also obligated to do these things. Any person who takes over these obligations, including the obligatiams of a 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 individually or against all of us together. This means that any one of us may be
required to pay all of the amounts owed under this Note.
9, WAiVtaltS
I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor.
"Presentment" means the right to require the Note Holder 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.
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!folder under this Note, a Mortgage, peed of Trust or Security Deed(the "Security Instrument"), dated the same date as
this Note, protects the Nuts Holder from possible losses which might result if I do not keep the promises which I make in this
Note. That 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 are described as follows:
Transfer of the Property or a Beneficial Interest in Borrower.If all or any part of the Property or any
interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is
not a natural person), without Lender's prior written consent. Lender may, at its option, require immediate
payment in full of all sums secured by this Security instrument. However, this option shall not be exercised
by I,ender if exercise is prohibited by federal law as of the date of this Security Instrument.
If Lender exercises this option, Lender shall give Borrower notice of acceleration, The notice shall
provide; a period Di tau less than 30 days from the date the notice is delivered or mailed within which
ltorrower roust pay all sutras secured by this Security Instrument. If Borrower fails to pay these stuns prior to
the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without
further notice or demand on Harrower,
WITNESS THE HAND(S)AND SEAL(S)OF THE UNDERSIGNED.
( Za I/ (Seal)
Richard 13 Reed Jr -Borrows -Borrower
(Seal)
Borrower gpy TO THE ORDER OF: -Borrower
SSN; 3 .
WITHOUT RECOURSE (Sign Original Only/
PNC Icrtgagofit
Corp.of America
"'t.Secretary
•P6R r t.Wassel Form 3200 12/83
•
FORM 1
IN THE COURT OF COMMON PLEAS
WELLS FARGO BANK,N.A. OF CUMBERLAND COUNTY,PENNSYLVANIA
Plaintiff(s)
vs.
RICHARD E. REED,JR A/K/A RICHARD E.
REED
CAROLE L. REED N/K/A CAROLE L.
EISENSTEIN
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 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 inf'ctnnatianso 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 iu an attempt to work out reasonable arrangements with your
lender before the Inca tgage 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 he 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:
\\ A 11 Avi1 �
Date ,,, .
Mtre. th Wooters,Esq.,Id.
No.307207
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:
STOAIFIZ/PEZINI APPLIC \1k
Borrower name(s):
Property Address:
City: State: Zip:
_.„
Is the property for sale? Yes Li No Ll Listing date. Price: $
•
Realtor Name: Realtor Phone:
Borrower Occupied? Yes Ej No Ej
Mailing Address(if different):
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
— —
Email:
#of people in household: Ilow long?
C()-1-1()RRONN 1.:it
Mailing Address:
City: State.,_ Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
#of people in household: How long?
FINANCIAL INFORM VI ION
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 ED 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: $ $
N
Other: $ $
Automobile I: Mode, Year:
Amount owed: Value:
Automobile 42 M ode:: , _ _ Year:
Amount owed: Value:
Other transportation(automobiles, boats,motorcycles1 Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
1. Monthly Gross Monthly Net
, .
2, Monthly Gross ,Monthly Net
3, Monthly G1DSS , _ 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 I EXPENSE AMOUNT
Morta Food
a
2 Mortgage Utilities
Car Payment(s) Condo/Neih..Fees
Auto Insurance Med, (not covered
Auto fuel/repairs Otherpop payment
Install.Loan Payment Cable TV
Child Support/Aliim
_ _ Stendingyoney
py/Child Care/Tuit. ___ Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income&Expenses:
Have you been working with a Housing Counseling Agency?
Yes n No LI
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
.t 1110121ZI'ION
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. 1/We understand that I/we am/are under no obligation to
use the counseling services provided by the above named
Borrower Signature Date
.... .m,_.
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)
Exhibit "B"
LEGAL DESCRIPTION
ALL THAT CERTAIN piece or parcel of land situate in Mechanicsburg,Cumberland County,
Pennsylvania, more particularly bounded and described as follows,to wit:
BEGIINING at a point on the Southern side of Patton Road which point is also the dividing line
of Lots Nos. 10 and 11, Block D,on the hereinafter mentioned Plan of Lots;thence along the
dividing line of Lots Nos. 10 and 24, Block D, on the hereinafter mentioned Plan of Lots,South
79 degrees 37 minutes West 98.19 feet to a point;thence along the dividing line of Lots Nos. 10
and 25 on the hereinafter mentioned Plan of Lots North 61 degrees 37 minutes West 43.87 feet to
a point; thence along the Western side of Lot No, 10, Block D, 141.39 feet to a point on the
Southern side of Patton Road;thence by an arc curving to the left having a radius of 175 feet an
arc distance of 60.0 feet to a point, to the point and place of BEGINNING,
BEING Lot No. 10, Block D, on the final Plan of part of Blocks A,C,D,E,F, D and H,
Wynnewood Park as recorded in the Cumberland County Recorder's Office in Plan Book 90,
Page 116.
UNDER AND SUBJECT to a 25 foot building set back line.
PROPERTY ADDRESS: 2 PATTON RD A/K/A,2 PATTON DRIVE,
MECHANICSBURG, PA 17055-2786
PARCEL#18-22-0519-302,
Pile N: 914:724
VERIFICATION
Jasmin McLean,hereby states that he she 's Vice President Loan Documentation of
WELLS FARGO BANK, N.A., plaintiff in this matter, that he/41;0s 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 his0 er 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.
Name: asmin McLean
Title: Vice President Loan Documentation
Company: Wells Fargo Bank, NA,
Date: 11/06/2013
086-PA-V2 File#934324
Exhibit "B"
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
��avt it '�.
Jody S Smith .:
Chief Deputy 4 p,
Richard W Stewart
Solicitor *mu pF Ni POW
Wells Fargo Bank Case Number
vs• 2013-8851
Richard E.Reed, Jr.
SHERIFF'S RETURN OF SERVICE
11/15/2013 03:53 PM Deputy Shawn Harrison,being duly sworn according to law, -• i `requested Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint in, •;1.-. ' o re by
"personally"handing a true copy to a person representing themselves .. r �
. '9A 1. o to wit
Richard E.Reed,Jr.at 2 Patton Road,Mechanicsburg Borough;M. r
S,re TTI2 -sEPUT1.
12/02/2013 Ronny R Anderson, Sheriff,being duly sworn according to law,states he made diligent search and inquiry
for the within named Defendant to wit:Carole L.Reed,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 312 E.Main Street 2nd
Floor,Mechanicsburg Borough,Mechanicsburg, PA 17055.Deputies were advised by a neighbor that the
defendant moved out several months agao and per the Mechanicsburg Postmaster the defendant is not
known at the address provided.
SHERIFF COST: $71.60 SO ANSWERS,
(7
December 02,2013 ONP? R ANDERSON,SHERIFF
l
I
i
I
r'
(, C. ram. t�« ,;� r
cn.:, .
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
• ""n.
4 miff to Cotake",
Jody S Smith
Chief Deputy a 4
Richard W Stewart
Solicitor office or me sNGnlFR
Wells Fargo Bank Case Number
vs. 2013-6651
Richard E. Reed,Jr.(et al.)
• SHERIFF'S RETURN OF SERVICE
12/26/2013 06:27 PM-Deputy Dennis Fry,being duly sworn according td 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 Tim Peiffer,boyfriend,who accepted as"Adult
Person in Charge"for Carole L.Reed a/k/a Carole L.Einstein at 12 Robin Court,Lower Allen,
Mechanicsburg,PA 17055.
000 .
D. IS FRY, ��
01/08/2014 Ronny R Anderson,Sheriff,being duly sworn according to law,states he made diligent search and inquiry
for the within named Defendant to wit:Carole L. Reed a/k/a Carole L. Einstein,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 2
Patton Road, Mechanicsburg Borough,Mechanicsburg,PA 17055.Deputies spoke to Richard Reed and
he once again Informed the deputies that the defendant DOES NOT reside at this address and he does
not know her whereabouts.
SHERIFF COST: $82.80 SO ANSWERS,
X°9‘2*-------
January 06,2014 RON R ANDERSON,SHERIFF
•
Sc!CounW&ulu Shwa,TMaotoe,Inc.
PHELAN HALLINAN, LLP
Joseph P. Schalk, Esquire, Id. No. 91656 Attorney for Plaintiff
126 Locust Street
Harrisburg, PA 17101
215-563-7000 x 7365
WELLS FARGO BANK, NA Court of Common Pleas
3476 STATEVIEW BOULEVARD
FORT MILL, SC 29715 Civil Division
Plaintiff No. 13-6651-CIVIL
v.
Cumberland County
RICHARD E. REED, JR. A/K/A RICHARD E. REED
CAROLE L. REED N/K/A CAROLE L. EISENSTEIN
2 PATTON RD A/K/A 2 PATTON DRIVE
MECHANICSBURG, PA 17055-2786
Defendants
CERTIFICATION OF SERVICE
I, Joseph P. Schalk, Esquire, certify that I caused true and correct copies of Plaintiff's
Motion to Lift Conciliation Stay and proposed Order to be sent sent via first class mail to the
person listed below on the date indicated:
RICHARD E. REED,JR. CAROLE L.REED
A/K/A RICHARD E. REED N/K/A CAROLE L. EISENSTEIN
2 PATTON RD A/K/A 2 PATTON DRIVE 12 ROBIN COURT
MECHANICSBURG, PA 17055-2786 MECHANICSBURG,PA 17055-4370
Date: -2/ Ate 411 • _ Ak. %__
.s:ph i Schalk, Esquire
AttLrney for Plaintiff
934324
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK, NA Court of Common Pleas
3476 STATEVIEW BOULEVARD
FORT MILL, SC 29715 Civil Division
Plaintiff No. 13 -6651 -CIVIL
v.
Cumberland County
RICHARD E. REED, JR. A/K/A RICHARD E. REED
CAROLE L. REED N/K/A CAROLE L. EISENSTEIN
2 PATTON RD A/K/A 2 PATTON DRIVE
MECHANICSBURG, PA 17055-2786
Defendants
ORDER
AND NOW, this y. day of av r.4.'' , 2014, upon consideration of
Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby
ORDERED and DECREED that this matter is removed from the Cumberland County
Residential Mortgage Foreclosure Diversion Program; it is further
ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed
with its Mortgage Foreclosure Action.
cc : 'Richard E. Reed, Jr. A/K/A Richard E. Reed
-ole L. Reed N/K/A Carole L. Eisenstein
oseph P. Schalk, Esquire, Id. No. 91656
Attorney for Plaintiff
934324
PHELAN HALLINAN, LLP
Joseph P. Schalk, Esquire, Id. No. 91656
126 Locust Street
Harrisburg, PA 17101
215-563-7000 x 7365
RICHARD E. REED, JR,
A/K/A RICHARD E. REED
2 PATTON RD A/K/A 2 PATTON DRIVE
MECHANICSBURG, PA 17055-2786
CAROLE L. REED
N/KIA CAROLE L. EISENSTEIN
12 ROBIN COURT
MECHANICSBURG, PA 17055-4370
934324
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
E- 7��..�YFII °1:LI lel. F�•.
((2Gl','C C23 ;=i Ii: 18
Attorney For Plaintiff
WELLS FARGO BANK, N.A.
Plaintiff
v.
RICHARD E. REED, JR
A/K/A RICHARD E. REED
CAROLE L. REED
N/K/A CAROLE L. EISENSTEIN
Defendant(s)
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 13-6651 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: P',2,2-)11
PH # 934324
PHELA LLINA/lN, LLP
By: / •�i�
Robert P. Wendt, Esq., Id. No.89150
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.
RICHARD E. REED, JR
A/K/A RICHARD E. REED
CAROLE L. REED
N/K/A. CAROLE L. EISENSTEIN
Defendant(s)
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 13-6651 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:
RICHARD E. REED, JR
A/K/A RICHARD E. REED
CAROLE L. REED
N/K/A CAROLE L. EISENSTEIN
2 PATTON RD A/K/A
2 PATTON DRIVE
MECHANICSBURG, PA 17055-2786
Date: /2' o`Za4Lj
PHELA jt, LINAN, LLP
By:
Y
Robert P. endt, Esq., Id. No.89150
Attorney for Plaintiff