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HomeMy WebLinkAbout14-0451 - ` Supreme Court of Pennsylvania C011I'C ConiA k _Pleas For Prothonotary Use On x ry Only: Civil COVer Sheet CUM , B ' jkjkj , ANH ` r County Docket No: / The information collected on this form is used solely for court administration purposes. This form does not su lement or replace thefiling and service ofpleadings or other papers as required b y law or rules of court. S Commencement of Action: Complaint ❑ Writ of Summons ❑ Petition E+ ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiffs Name: WELLS FARGO BANK, N.A. Lead Defendant's Name: PATRICIA M. LEONARD T I Dollar Amount Requested: El within arbitration limits Are money damages requested? El Yes No x ❑ outside arbitration limits N Is this a Class Action Suit? ❑ Yes ❑x No Is this an MDJ Appeal? ❑ Yes N No A Name of Plaintiff/Appellant's Attorney: Meredith Wooters Esq., Id No 307207 Phelan Hallman, 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 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 ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Partition ❑ Replevin ❑ Dental ❑ Quiet Title ❑ Other: ❑ Legal ❑ Other: ❑ Medical ❑ Other Professional: PmR.C.P. 205.5 Updated 01/01/2011 0 � . f Yt A N I Y MD 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 1 FORT MILL, SC 29715 t Plaintiff, NO.: VS. PATRICIA M. LEONARD 12 SOUTH ENOLA DRIVE ENOLA, PA 17025 -2704 Defendant. CIVIL ACTION — COMPLAINT IN MORTGAGE FORECLOSURE And now comes WELLS FARGO BANK, N.A., by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 FORT STATES W BOULEVARD `-:/ MILL, SC 29715 (hereinafter "plaintiff"). 1 l�� l 062 -PA -V3 "O 2 LL- 2. The Defendant, PATRICIA M. LEONARD, is an individual whose last known address is 12 SOUTH ENOLA DRIVE, ENOLA, PA 17025 -2704. 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 July 24, 1992, PATRICIA M. LEONARD made, executed and delivered to LANCORP MORTGAGE SERVICES INC. a Mortgage in the original principal amount of $47,400.00 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 1080, Page 139. 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 22, 2005, the mortgage was assigned to WELLS FARGO BANK, N.A. Which Assignment is recorded in the Office of the Recorder of CUMBERLAND County in Book 716, Page 4691. 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. PATRICIA M. LEONARD is record and real owner of the aforesaid mortgaged premises. 7. Defendant is in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the monthly installments of principal and interest due June 1, 2013. 062 -PA -V3 8. As of 01/15/2014, the amount due and owing Plaintiff on the mortgage is as follows: Principal $27,636.99 Interest $1,631.82 From 05/01/2013 to 01/15/2014 Late Charges $54.03 Escrow Advance $311.40 Property Inspections $0.00 Property Preservation $0.00 BPO /Appraisals $0.00 Escrow Balance $0.00 Corporate Advance Credit $0.00 Total $29,634.24 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. The mortgage premises are vacant and abandoned 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 062 -PA -V3 do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability in a bankruptcy proceeding, this action is in no way an attempt to re- establish such liability. WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $29,634.24, with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. 1 By: Date: (�►3 `y Meredith Wooters, sq., d. No.307207 Attorney for Plaintiff 062 -PA -V3 Exhibit "A" ' NOTE -— July 24tH 1 19 92 Caup Hill , petutsvl A QaI �1 12 South Enola Drive, &cola, Pennsylvania 17025 IP�nro �1 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S$ 47,400, 00 (this amount is called "principal "), plus interest, to the order of the Lender. The Lender is Lip M =tgage Services Inc. " 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. Twill pay interest at a yearly rate of 8.375 %. 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. PAYMEN'T'S (A) Time and Place of Payments Twill pay principal and interest by making payments every month. I will snake my monthly payments on the 115t day of each month beginning on Septenber 1st 19 92 . I will make these payments every month until I have paid all of the principaland interest and any other charges described below that I may owe under this Note. My monthly payment will be applied to interest before principal. 14 on August 1st , 2022 , I still owe amounts under this Note, Iwill pay those amounts in full on that date, which is celled the "maturity data" 1 will make my monthly payments at Imp Mortgage ServiCe8 Inc., 255 Butler Avenue, Iancaster, Pennsylvania 17601 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. $ 360.28 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are duo. 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 charge 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 fiftem(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. (e) Default If I do not pay the full amount of each monthly payment on the date it is due, I will tie in default. (C) Notice of Defa it grjpn TrT nm ,.. . 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 certainWte; the•Note•Holder•may teq mediately 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 afte'r'the ate o dn w Mcii the notice is delivered ormailed tome, (D) No Waiver By Note Holder � i - '; ? 'I I ' . • , ; a. .� 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 ha_n'the right-to do so I am in default at a later timo J , ) J r, rtl {7H f 1 ( E) Payment ofNote .Holdees.Costsand _. �rnq !,•�7: A- Er') H the Note Holder has i' 4 i ed me tb pay immediately in full as descrrib6d above, the -Note.Holder will have the xtent right to be paid back by me for all or its costs and expenses in enforcing this Note to the e 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 lie:giv'ea to''me undef this Note will be given by delivering it or by mailing it by first class mail to com at the Property Addresa-above or aE'a diHere-Kt 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 lam given a notice of that different address MULTISTATE FIXED RATE'NOTE single Family - FNMA/FNWCUN1F01N1NffRUMENr Fens snoI2/0 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 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 i 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. 0- M/rtk C atricia �. ........................................................................................ ............................... (Seal) r ................................................................................................................... ............................... (Seai) (Sign Ortinaf Only] PAY TO THE ORDER OF FTRST NATIONAL MfUGAGE CORPORATION, ITS SUCC9SSOM AND /OR ASSIGM, AS THEIR ERIE 2E'ST AIRY APPEAR, WITHWI! REODURSE. L---p Mortgage Services I Byt Keith Landis President w' " j igy TO THE MER et PAY'TO THE ORDER OF GE OAPITAL MORTGAGE SERVICES, INC. WlaoaT IIFCi)IJBtIS '8R�fioa Wells Fargo Bank, N.A. WITHOUT RECOURSE tD GE CAPITAL MORTGAGE y SERVICES, INC. BY: Lid EDITH CABRERA AW VV TW 6Q 0 , ATTORNEY-IN-FACT FOR GE CAPITAL MORTGAGE *ELLSSO GO BnNit W.gl ~ I a LOAN OOCUMEIiTA"n !l! NOTE . AD r .' July 24th .19 92 C-P Hill , nza low Ti 12 .. Drive FI o1a :'I a tsylvania 17025. t► •r.V Aid—1 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S.s 47, 400.00 (this amount is called "principal "), plus interest, to the order of the Lender. The Lender is yip yjortgage Services Inc. .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. RVTEREST 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 8.375 %. 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 Payment I will pay principal and interest by making payments every month. I will make my monthly payments on the lot day of each month beginning on Septe uber lot 19 92 . I will make these payments every month until I have paid all of the principaland interest and any other charge described below that I may owe under this Note. My monthly payment will be applied to interest before principal. 14 on August lot , 2022 , 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 Lw=rp M or t gage Services Im, j 255 Butler Avenue, Lancaster pennsylvarxi.a 17601 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. $ 360.28 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. S. LOAN CHARGES If law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charge 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 fifteen(15) calendar days after the date it is due, I wilt 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 (C) Notice of Default o ._.,,., , It 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 to pay immediately the full amount of principal which has not been paid and all the interest that I owc on.that amounL.That date must beat least 30 days after the date on which the notice is delivered or mailed tome. : (D) No Waiver By Note Holder Even i4 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 or 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 fast 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. MULTISTATE FIXED RATE NOTE - simte Family FNMAIFHIMCUNIFORIJINSTRUMENr Fsem3M PATG10 399 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 xtvade in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser y� 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 tosses 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 Intcnst in BerruwenIf 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 ofthis 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. C '�ltiCit.i l,(��`•' atS [�. _Seal) ......................................................................_..................._................... .._............_......._....... Seal) (Seal) ...................................................... ............................... ............................. . ............................... ( [Sign Original 041 PAY TO THE ORDER OF FIRSP NATIONAL MORTGAGE OORPORATICN, M SUOMS tS AND /OR ASSICM, AS THEIR IIJiERFST MAY APPEAR, WITHOUT' REODURSE. L M - tgage Services 7 By: Keith Landis President - YrY; " /I'AY q'0. TEE ORDER 03` •/ WITHOUT BECOURBR _ "'0" SYO UTIO11AL Exhibit "B" v LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, situate on the northeastern side of South Enola Drive, East Pennsboro Township, Cumberland County, Pennsylvania, and being more fully bounded and described according to a plan of survey by Gerrit J. Betz & Assoc., Inc., Engineers and Surveyors, dated November 19, 1976 and bearing Drawing No. 76567, as follows, to wit: BEGINNING at a hub located on the northeastern side of South Enola Drive (50.00 feet wide) and a corner of land now or formerly of Donald Orris, said hub being located 120.00 feet from the southeasterly corner of Cumberland Road and South Enola Drive; thence extending from said beginning point and along land now or formerly of Donald Orris, and also along land now or formerly of Donald Long, and passing through a 36 inch wire fence, North 79 degrees 40 minutes East 90.00 feet to an iron pin found at a corner of land now or formerly of Robert McAllister; thence extending along said land and passing through said wire fence, South 10 degrees 20 minutes West 38.22 feet to a pin found at a corner of land now or formerly of Weston Lipscomb; thence extending along said land, South 80 degrees 15 minutes West 90.00 feet to a hub located on the northeastern side of South Enola Drive, aforementioned; thence extending along same, north 10 degrees 20 minutes West 37.33 feet to a hub, the first mentioned hub and place of BEGINNING. BEING known and numbered as 12 South Enola Drive. File #: 936632 r I IF BEING the same premises which Larry L. Walters, single person, by Deed dated July 24th, 1992 and which is intended to be recorded forthwith in the Cumberland County Office of the Recorder of Deeds, granted and conveyed unto Patricia M. Leonard, single person, Mortgagor herein. PROPERTY ADDRESS: 12 SOUTH ENOLA DRIVE, ENOLA, PA 17025 -2704 PARCEL #09 -15- 1291 -046 File #: 936632 r: r VERIFICATION Sonya Moore, hereby states that hel(gis Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff in this matter, that hegis 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: Sonya Moore Title: Vice President Loan Documentation Company: Wells Fargo Bank, N.A. Date: 01/16/2014 086 -PA -V2 FILE # 936632 FORM 1 IN THE COURT OF COMMON PLEAS WELLS FARGO BANK, N.A. OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. PATRICIA M. LEONARD r Defendant(s) ) ivil' NOTICE OF RESIDENTIAL MORTGAGE FORECLCSS7R. +> - 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 fmancial 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 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: CUSTOMER/PRIMARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? CO- 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 nd Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Mone 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: 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 I/we am/are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1 Proof of income 2 Past 2 bank statements 3 Proof of any expected income for the last 45 days 4 Copy of a current utility bill 5 Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6 Listing agreement (if property is currently on the market) 1 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 #: 936632 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff j'; ; ' f I t; Jody S Smith f`�a , I Chief Deputy j �: . Richard W Stewart CUN3ERL A Solicitor = -ND fC a Ui I t ;i' L VA NIA Wells Fargo Bank, N.A. vs. Case Number Patricia M Leonard 2014-451 SHERIFF'S RETURN OF SERVICE 02/11/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Patricia M Leonard, 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 12 South Enola Drive, East Pennsboro, Enola, PA 17025. Residence is vacant and per the Enola Postmaster mail is delivered to the address provided. SHERIFF COST: $83.85 SO ANSWERS, X:Faa,------ February 11, 2014 RONNRANDERSON, SHERIFF s, S 1 r- t s4 (l : N-3.;,n`.a; PHELAN H ALLINAN, LLP # r- 1s2A:,NLTI,31:C:OitiAlri'''Jonathan Lobb,Esq.,Id.No.312174 ` ��%st;1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION vs. : CUMBERLAND COUNTY • PATRICIA M. LEONARD : No. 14-451-CIVIL 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: Jon an Lobb, Esq., Id. No.312174 Attorney for Plaintiff Date: 2-/.2.fSYjY /nru, Svc Dept. File#936632 au t1.1S-?ct athl att_4- � a� ag Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY IN, f €ice PE-3 �tC i ''. 2 1.9, 12 NI2 :+t CUMBERLAND COUNTY PENNSYLVANIA of- uinGrya ;i`E $V,ERIFF Wells Fargo Bank, N.A. vs. Patricia M Leonard Case Number 2014 -451 SHERIFF'S RETURN OF SERVICE 03/05/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Patricia M Leonard, 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 12 N. Enola Drive, East Pennsboro, Enola, PA 17025. Per current residen Henry Hissinger he has lived at this address for fifteen years and have never heard of the defendant. SHERIFF COST: $33.00 SO ANSWERS, March 05, 2014 (c) Coour,tySuite Sherif' Tei• osoft, inc. RONI■IY R ANDERSON, SHERIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff vs. PATRICIA M. LEONARD Defendant MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan, LLP, moves this Honorable Court for an Order directing service of the Complaint and the notice of Sheriff's Sale upon the above -captioned Defendant, PATRICIA M. LEONARD, by first class mail to PATRICIA M. LEONARD at the mortgaged premises, 12 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2704; posting of the mortgaged premises, 12 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2704; and publication pursuant to Pa. R.C.P. 430, and in support thereof avers the following: 1. Attempts to serve Defendant, PATRICIA M. LEONARD, personally with the Complaint have been unsuccessful. The Sheriff of CUMBERLAND County attempted to serve the Defendant at the mortgaged premises, 12 SOUTH ENOLA DRIVE, ENOLA, PA 17025- 2704. As indicated by the Return of Service, no service was made as said address is vacant. A true and correct copy of the Return of Service is attached hereto, made part hereof, and marked as Exhibit "A". "-ILED-OFi iEL HE P} 0THON0TAF ill AUG -6 Ari ID; 36 CUMBERLAND COUNTYkttorney for Plaintiff PENNSYLVANIA : Court of Common Pleas Civil Division CUMBERLAND County No. 14 -451 -CIVIL 2. The Sheriff of CUMBERLAND County attempted to serve the Defendant at the mortgaged premises, 12 NORTH ENOLA DRIVE, ENOLA, PA 17025-2515. As indicated by the Return of Service, no service was made as the Defendant does not reside at said address. A true and correct copy of the Return of Service is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. A true and correct copy of an affidavit of due diligence setting forth the specific inquiries as to the Defendant's whereabouts and the results thereof is attached hereto, made part hereof, and marked as Exhibit "C". 4. Plaintiff contacted the Prothontary's Office and as of July 24, 2014, no Judge has previously entered a ruling in this case. 5. In accordance with CUMBERLAND County Local Rule 208.2(d), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on July 24, 2014 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiffs July 24, 2014 letter and postmarked certificate of mailing pursuant to Local Rule 208.2(d) attached hereto, made part hereof, and marked Exhibit "D". 6. Plaintiff has reviewed its internal records and has not been contacted by the Defendant to bring loan current. 7. Plaintiff submits that it has made a good faith effort to locate the Defendant but has been unable to do so. 936632 WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order ' pursuant to Pa.R.C.P. 430 directing service of the Complaint and notice of Sheriff's Sale by first class mail; posting; and by publication. Date: Respectfully submitted, PHELAN HALLINAN, LLP By: l/ `„„ti Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 936632 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County PATRICIA M. LEONARD No. 14 -451 -CIVIL Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT I. FACTUAL BACKGROUND Attempts to serve Defendant, PATRICIA M. LEONARD, with the Complaint have been unsuccessful. The Sheriff of CUMBERLAND County attempted to serve the Defendant at the mortgaged premises, 12 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2704. As indicated by the Return of Service, no service was made. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to discover the whereabouts of the Defendant as evidenced by the affidavit of due diligence setting forth the specific inquiries as to the Defendant's whereabouts and the results thereof. Further, Plaintiff's counsel has reviewed its internal records and has not been contacted by the Defendant to bring loan current. Consequently, Plaintiff submits that it has made a good faith effort to locate the Defendant but has been unable to do so. II. LEGAL AUTHORITY Pennsylvania Rule of Civil Procedure 430(a) specifically states: If service cannot be made under the applicable rule, the plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why 936632 service cannot be made. Pa.R.C.P. 430(a) (2009). In particular: An illustration of a good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends, and employers of the defendant, and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. Id. at 430(a) n. Similarly, the Pennsylvania Superior Court has gone on to explain that, "While by no means exhaustive, this Note is at least indicative of the types of procedures contemplated by the legislature when enacting Rule 430." Deer Park Lumber, Inc. v. Major, 384 Pa. Super. 625, 633, 559 A.2d 941, 946 (1989), appeal denied, 525 Pa. 582, 575 A.2d 113 (1990). Only after such proof has been offered is the Court authorized to direct another method of substitute service. See id. In the instant case, as indicated by the Return of Service, the Sheriff has been unable to serve the Complaint. Plaintiff has made a good faith effort to discover the whereabouts of the Defendant as evidenced by the affidavit of due diligence. Therefore, Plaintiff respectfully requests an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail, posting, and publication. Additionally, pursuant to Pennsylvania Rule of Civil Procedure Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendant Notice of the Sale of the mortgaged premises. Specifically, Pa. R.C.P. Rule 3129.2(c) provides in applicable part as follows: 936632 The written notice shall be prepared by the plaintiff, shall contain the same information as the hand bills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402(a) for the service of the original process upon a defendant, or (B) by the plaintiff mailing a copy in the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if the service cannot be made as provided in subparagraph (A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Therefore, Plaintiff respectfully requests that the Court allow for service of the Notice of Sale upon Defendant in accordance with Pa. R. C. P. Rule 430 by first class mail and posting. III. CONCLUSION As indicated by the Return of Service, the Sheriff has been unable to serve the Complaint upon the Defendant. Plaintiff has made a good faith effort to discover the whereabouts of the Defendant as evidenced by its affidavit of due diligence. 936632 WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint and, Notice of Sheriff's Sale by first class mail, posting, and publication. Date: ,6e -77r Respectfully submitted, PHELAN HALLINAN, LLP By: Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 936632 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff Attorney for Plaintiff Court of Common Pleas Civil Division vs. PATRICIA M. LEONARD Defendant CERTIFICATION OF SERVICE The undersigned hereby certifies that copies of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, Proposed Order and attached exhibits have been sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below. PATRICIA M. LEONARD 12 SOUTH ENOLA DRIVE ENOLA, PA 17025-2704 CUMBERLAND County No. 14 -451 -CIVIL The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: 114 y Respectfully submitted, PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 936632 Exhibit "A" Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 0,00 of t41►pbcr/ds4 QFflC&QF THE SHERIFF Wells Fargo Bank, N.A. vs. Case Number Patricia M Leonard 2014-451 SHERIFF'S RETURN OF SERVICE fl2/11 7n14 Rnnny R Anriprenrt SVpriff- hairrlt tly cwnrn arrnrriin0 fn law efafac ha marls rlili0pnf caarrh and jnril dry for the within named Defendant to wit: Patricia M Leonard, but wasunable 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 12 South Enola Drive, East Pennsboro, Enola, PA 17025. Residence is vacant and per the Enola Postmaster mail is delivered to the address provided. SHERIFF COST: $83.85 SO ANSWERS, February 11, 2014 (c) CountySuite Sttentf, Teleosoft, Inc. Exhibit "B" Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY HE PRO l H C? O f rV, ptpttr of Caunt1/24 ,d n� �. , D ta14i,�t; 12 P11 2.11 CUMBERLAND COIPITY PENNSYLVANIA OF'f IC F. OF + NE $1?ERIFF Wells Fargo Bank, N.A. vs. Patricia M Leonard Case Number 2014-451 SHERIFF'S RETURN OF SERVICE 03/05/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Patricia M Leonard, 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 12 N. Enola Drive, East Pennsboro, Enola, PA 17025. Per current residen Henry Hissinger he has lived at this address for fifteen years and have never heard of the defendant. SHERIFF COST: $33.00 SO ANSWERS, March 05, 2014 (c) CourdySuite Sheriff, Te:eesof, inc. Exhibit "C" AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 936632 Attorney Firm: Phelan Hallinan, LLP Subject: Patricia M. Leonard Property Address: 12 South Enola Drive, Enola, PA 17025 Possible Mailing Address: 12 North Enola Drive, Enola, PA 17025 I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Patricia M. Leonard - xxx-xx-8453 B. EMPLOYMENT SEARCH Patricia M. Leonard - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Patricia M. Leonard reside(s) at: 12 North Enola Drive, Enola, PA 17025. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases, which had no listing for Patricia M. Leonard. B. On 07-14-14 our office made several telephone calls to a possible phone number of the subject(s) (717) 557-3113 and received the following information: no answer. III. INQUIRY OF NEIGHBORS On 07-14-14 our office made a phone call in an attempt to contact Tony M. Vogelsong (717) 732-0870, 11 South Enola Drive, Enola, PA 17025: disconnected. On 07-14-14 our office made several phone calls in an attempt to contact Fay A. Wolf (717) 732-1909, 20 South Enola Drive, Enola, PA 17025: answering machine. On 07-14-14 our office made several phone calls in an attempt to contact Shirley A. Kemler (717) 732-1250, 3 South Enola Drive, Enola, PA 17025: answering machine. On 07-14-14 our office made several phone calls in an attempt to contact Leslie A. Reck (717) 728-1504,16 North Enola Drive, East Pennsboro, PA 17025: answering machine. On 07-14-14 our office made several phone calls in an attempt to contact Margaret A. Bupp (717) 732-3638,1.4 North Enola Drive, Enola, PA 17025: answering machine. On 07-14-14 our office made a phone call in an attempt to contact Laurie F. McCabe (717) 732-1283, 18 North Enola Drive, East Pennsboro, PA 17025: spoke with an unidentified female who could not confirm that the subject reside(s) at 12 North Enola Drive, Enola, PA 17025. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 07-14-14 we reviewed the National Address database and found the following information: Patricia M. Leonard - 12 North Enola Drive, Enola, PA 17025. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: 12 North Enola Drive, Enola, PA 17025. V. OTHER INQUIRIES A. DEATH RECORDS As of 07-14-14 Vital Records and all public databases have no death record on file for Patricia M. Leonard. VI. ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Patricia M. Leonard -1953 B. A.K.A. Patricia Marie Leonard * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the e current address. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S '':4904 relating to unsworn falsification to authorities. The above information is obtained from available public records and we are only liable for the cost of the affidavit. Exhibit "D" Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 Alexandrea Greenwood Ext. 1563 Representing Lenders in Service Department Pennsylvania July 24, 2014 PATRICIA M. LEONARD 12 SOUTH ENOLA DRIVE ENOLA, PA 17025-2704 RE: WELLS FARGO BANK, N.A. v. PATRICIA M. LEONARD Premises Address: 12 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2704 CUMBERLAND County, No. 14 -451 -CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, service of the complaint by first class mail and ristig of the mortgaged premises. Please respond to me within one week, by Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 936632 Nome and Address Of Sender Phelan klallinati, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, -PA 19103 ALG Line Article Number Name of Addressee, Street, and Post Office Address' L. r 1 Postage 2' :ser. Patricia M. Leonard 12 SOU'I'fi ENOI,A DRIVE ENOLA, PA 17625-2764 $0.45 ' . RE: PATRICIA M. LEONARD (CUMBERLAND) TEAM 4 P1141.936632/1021 Page 1 o 1 8048 Total Number Of Need titled by Sender . Total Numberof' Prcees IteO,t}il at Poet 011iiee. ..., . • r4nn,mirt. Pee (Name of Receiving t: 'pk)Yo) The full declmmlon of vukC r+ reyuned tat tall dneve,ticand international rcg t redatiail. 11* 010 for the - ndos:ite of m,nnegol -ble thocumeate tinder Etptets Man ducume I ream lrn^IFm in piesuhf±crtahn.nCl2aa.(bl par lxcurr�nx,rhe:utnvnrxkmnity itayishle en ksPfes, The mnr'imum imkmntly payahk it S25,,100 fM'reglneted MA, rem a'ilh rmrinhil nedtanu, See _R 5913 and S121 lot limitations of coverage. .. - . Form 3$77 acsimile 936632 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff vs. PATRICIA M. LEONARD Defendant ORDER Court of Common Pleas Civil Division CUMBERLAND County No. 14 -451 -CIVIL AND NOW, this 12" day of 1 vjwa'' , 2014, upon consideration of Plaintiff's motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED, that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and of the Notice of Sheriffs Sale as authorized by Pa.RCP. 3129.2 (c)(1)(i)(C)*, on the above captioned Defendant, PATRICIA M. LEONARD, by: 1. Posting of the premises: 12 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2704 by the Sheriff or a non-party competent adult; and 2. First class mail to PATRICIA M. LEONARD at the mortgaged premises located at 12 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2704. Service by mail is complete upon the date of mailing. 3. Publication pursuant to Pa. R.C.P. 430 PH # 936632/ALG CT" It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to ensure compliance with this Court Order. BY THE COURT• J. *Prior to fulfilling the requirements of service of Notice of Sale as set forth i his Order, Plaintiff must first attempt service as set forth in Pa.RCP. 3129.2(c)(1)(i) (A) or (B). In the e ent this attempted service is not successful, Plaintiff may proceed with service of the Notice of Sale in confor ity with this Order. Cc:PATRICIA M. LEONARD 12 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2704 PATRICIA M. LEONARD 12 SOUTH ENOLA DRIVE ENOLA, PA 17025-2704 PH # 936632/ALG PHELAN HALLINAN, LLP Kenya Bates, Esq., Id. No.203664 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 kenya.bates@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff vs. PATRICIA M. LEONARD Defendants FILED -OFFICE OF THE PROTHONNO A/0- 2UIII AUG 22 AIS IQ: 12 CUMBERLAND COUNTY PENNSYLVANIA : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : No. 14 -451 -CIVIL 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. Date: /2//4/ /scc, Svc Dept. File# 936632 By: PHEL?AN HALLINAN, LLP Kenya Bdtes, Esq., Id. No.203664 Attorney for Plaintiff auk a&" --?s1)`"{\ CkI' gc��� 3 • Phelan Hallinan,LLP f ° 40 Paul Cressman,Esq.,Id.No.318079liAUG $ ,_ ATTORNEYS FOR PLAINTIFF paul.cressman@phelanhallinan.com 1617 JFK Boulevard,Suite 1400 r M ��,3 , , � 11.1 :.t���-;ha CC1 U �`! One Penn Center Plaza P E N fq S Y L ti A N 1 Philadelphia,PA 19103 215-563-7000 WELLS FARGO BANK,N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. CUMBERLAND COUNTY PATRICIA M.LEONARD No. 14-451-CIVIL Defendant(s) AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular mail to the following persons, PATRICIA M. LEONARD at 12 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2704 on August 26, 2014, in accordance with the Order of Court dated August 12, 2014. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Phel i DATE: I I I B P Cressm Esq.,Id.No.318079 Attorn for P aindff Phelan H ' n,LLP PH#936632 AFFIDAVIT OF SERVICE — CUMBERLAND scc PLEASE POST BY: 09/21/2014 PLAINTIFF COUNTY: COURT CUMBERLAND NO. 14-451-CIVII WELLS FARGO BANK, N.A. DEFENDANT PATRICIA M. LEONARD TYPE OF ACTION XX Mortgage Foreclosure SERVE AT: Eviction 12 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2704 XX Civil Action Complaint on Promissory Note ***PLEASE POST THE PROPERTY*** ***IN ACCORDANCE WITH THE***** ***ATTACHED COURT ORDER****** Served Posted and nade known PA CIA M. LEONARD, Defendant on the day6 of Du' 20 4 n at o'clock, . M., at 12 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2704, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name/relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or per on in charge of Defendant's office or usual place of business. office of said defendant company. Other: Descri ion: Age Height Weight Race Sex Lp eXt`'adul , being duly sworn copy of the Comain4in Mortgage Foreclosure issued in the cap statement is madsubfrct to the penalties of 18 Pa. C.S. Sec. 490 DATE: On the day of Vacant No Answer on at Service Refused Other: NAME: PRIN TITLE: Other ding to law, depose and state that I persona on the date and ssindic nsworn f. sif s -0 cf.) r- (-) 5 ly posted a true and correct e. 1 understand that this C.11 ME: Cfr.e 4, 5 v j e. t_ NOT SERVED , 20 , at o'clock M., Defendant NOT FOUND because: Does Not Exist Moved Does Not Reside (Not Vacant) PH # 936632 at Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff vs. PATRICIA M. LEONARD Defendant(s) OF" FILEDUFL IC' HE PRO THONOTAR alig SEP 16 At CUMBERLCOL! PENNSYLVANIAN 1/ All ORNEYS FOR PLAINTIFF AND COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 14 -451 -CIVIL AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COURT ORDER I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made known to the Defendant, PATRICIA M. LEONARD, in accordance with the Court Order dated August 12, 2014 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in The Carlisle Sentennel on 08/30/2014 and Cumberland Law Jouurnal on 09/05/2014 Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE: PH # 936632 NRU Phelan Hallinan, LLP • Ph -,4 Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff -Mow 5() FILED-UFFICL C21-01 -11 t-SIEEPP R106 Titi1014:4100;Tiii fo:( PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 CUMBERLAND COUNTY PENNS YLVANIA COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz September 5, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie Coyne, E SWORN TO AND SUBSCRIBED before me this 5 day of September, 2014 NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO.. CUMBERLAND CNTY My Commission Expires Apr 28. 2018 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action—Law No. 14 -451 -CIVIL WELLS FARGO BANK, N.A. Plaintiff vs. PATRICIA M. LEONARD Defendant NOTICE To: PATRICIA M. LEONARD You are hereby notified that on January 24, 2014, Plaintiff, WELLS FARGO BANK, N.A., filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of CUMBER- LAND County, Pennsylvania, dock- eted to No. 14 -451 -CIVIL. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 12 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2704 whereupon your property would be sold by the Sheriff of CUMBERLAND County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE 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 INFORMA- TION 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 RE- DUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION Cumberland County Courthouse 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 Sept. 5 State of Pen 'C3 Tiz 'i) O O ren b aS U o CU wz to v vH IU Oa; U ("3o O v o Ci "O O '5 .5 O U +� U u U .D v w 1- O U cu a) 0) crl W z H "0 U 3 V .5 CO 00 1-1Cf) CU (21 CS a) U ra x a) 0 a) a) v 0 as U 0 0 0 CV h • O "C3 v 0 O a) v U r~ O • 1. as � y z ca O cd 4-, o Cr) U 3< CE OF PUBLICATION COPY OF NOT +r 0� "A.{ 0.) :2 •M a) y U 4) w •a✓ crs t v O5 cOJ ch fa, N . 0 17E1 (V ct O Icrj a) 0., '-0 O :n ca a) a) u) 0 v ,Z v '_• G O� -0�a, a) tn a Q Sworn to and subscribed before me NOTICE OF ACTION IN MORTGAGE FORECLOSURE ' `- " — - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW WELLS FARGO. BANK, N.A. Plaintiff . vs. PATRICIA M. LEONARD Defendant COURT OF COMMON PLEAS CIVIL DIVISION 'CUMBERLAND COUNTY No, 14 -451 -CIVIL 1 NOTICE To PATRICIA M. LEONARD You are hereby notified that on January 24, 2014, Plaintiff, WELLS FARGO BANK, N.A., filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of CUMBERLAND County Pennsylvania, docketed to No. 14 -451 -CIVIL. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 12 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2704 whereupon your property would be sold by the Sheriff of CUMBERLAND County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this ' publication or a Judgment will be entered against you. sapigeA.cods • 71,ZB-01+4'o LLBL-£4Z'ogo/000'S$ •seilxe 'psi 'oo0h£ L 'elcupenuo0 i eu (O L66L 'NOSOIAVO-A3121V1{ I '£BL6•L66-LLLIle 0'MO° crew r )9/000.414 'AMMO L 'tde t e6e.m6 NOTICE 0 1 9/,r W001 6ulnp'syleq Iln; Z'swoo)paq t, 'OS N0131O01W •S, 'ow/009' L$ 'a6eie6 ieo-Z g sale uol 'aogjo 'wowpeq lalsew Joou is L 4llm asnogumol woo)paq £ snotoeds '31SllJVO'ow;006$ 'a6eie6 gllm'uogeool fulunoo ul awog youei'31SI12iVO 'ow/004'LS-008$ WWI lual'WO LOVA alC (ueyiz dg'.aged gllm NO iafoeil als unSnoi,ZZ'IVOO09 NOO.L i.uawdinb3 auiJDW / s+ao8 09S £000-642IMO '3)II8..92'..42 S3lOV1 PHELAN HALLINAN, LLP Joseph P. Schalk, Esquire, Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 7365 Attorney for Plaintiff Wells Fargo Bank, N.A. Court of Common Pleas 3476 Stateview Boulevard Fort Mill, SC 29715 Civil Division Plaintiff No. 14 -451 -CIVIL v. Cumberland County Patricia M. Leonard 12 South Enola Drive Enola, PA 17025-2704 Defendant MOTION TO LIFT CONCILIATION STAY Plaintiff, Wells Fargo Bank, N.A. (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 January 24, 2014, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendant Patricia M. Leonard (hereinafter "Defendant") for the failure to make monthly payments of principal and interest upon their mortgage due June 1, 2013, and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and 936632 marked as Exhibit "A". 2. On August 12, 2014 this Honorable Court granted Plaintiff's Motion for Service Pursuant to Special Order of Court noting that Plaintiff may obtain service of the Complaint by posting the premises, first class mail, and publication in a newspaper. A true and correct copy of the August 12, 2014 Order is attached hereto, made part hereof and marked as Exhibit "B". 3. On September 6, 2014, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure Diversion Program Certification Cover Sheet upon the Defendant. A true and correct copy of the proof of first class mailing, proof of publication, and proof of posting is attached hereto, made part hereof and marked as Exhibit "C". 4. 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. 5. Within 60 days after service of the complaint, the Defendant 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. 6. If more than sixty (60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendant has 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. 7. Defendant has failed to opt into the Cumberland County Residential Mortgage 936632 Foreclosure Diversion Program within sixty (60) days of service. 8. Since Defendant has opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic stay be lifted. Date: I BY: 936632 Respectfully submitted, PHELAN HALLINAN, LLP h '`,. chalk, Esquire rney or Plaintiff Exhibit "A" PHELAN HALLINAN, LLP Meredith Wooten, Esq., Id. No.307207 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Meredith.Wooters@phelanhallinan.com 215-563-7000 eUI THE . �... aPROTHONO TAR r 4 QM !,: 30 NOC TY ATTORNEY FOR PLAINTIFF IN Tiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD CIVIL DIVISION FORT MILL, SC 29715 Plaintiff, NO.: ir, "t ' vs. PATRICIA M. LEONARD 12 SOUTH ENOLA DRIVE ENOLA, PA 17025-2704 l Defendant. CIVIL ACTIO.— COMPLAINT IN 1ViORTGAGE FORECLOSURE And now comes WELLS FARGO BANK, N.A., by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). 062 -PA -V3 Ws lisibmtlflthat to be a true and cow copy Attorney File Copy ofthe original filed of re d Please Return S E c T I 0 N A S E C T 0 N Supreme Court. of Pennsylvania For Prothonotary Use Only: Docket No: The information collected on this form is used solely for court admin et or re kicc the Min and service O/:plurdins or other l ion purposes. This form does not xs t estnhired lr ,law nr rules vl'rnr Commencement of Action: © Complaint 0 Writ of Summons 0 Petition O Transfer from Another Jurisdiction 0 Declaration cif Taking Lead Plaintiff's Name: WELLS FARGO BANK, N.A, Lead Defendant's Name: PATRICIA M. LEONARD Are money damages requested? 0 Yes ®Nn Dollar Amount Requested: • within arbitration limits (Cheek onc) ® outside arbitration limits Is this a Class Action Suit? 0 Yes © No Is this an MDJ Appeal? 0 Yes © No Name of PlaintiWAppellant's Attorney: )!Meredith Wooters, Esq., Jd. No.307207, Pliclan. Rallinan, I,I J 0 Check here if you have no attorney (are a Self -Represented [Pro Se] Litigant) Nature of tits Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are maldng more than one type of claim, check the one that you consider most important. TORT (do trot include Mass Tort) O Intentional O Malicious Prosecution O Motor Vehicle O Nuisance O Premises Liability O Product Liability (does not include mass tort) O Slander/LibelJ Defamation 0 Other: MASS TORT 0 Asbestos O Tobacco O Toxic Tort - DES O Toxic Tort - Implant 0 Toxic Waste 0 Other: PROFESSIONAL LIABILITY O Dental O Legal O Medical O Other Professional: Pa. R. C.P. 20.5 CONTRACT (do not include Judgments) O Buyer Plaintiff O Debt Collection: Credit Card 0 Debt Collection: Other O Employment Dispute: Discrimination O Employment Dispute: Other 0 Other: REAL PROPERTY O Ejectment O Eminent Domain/Condemnation O Ground Rent O Landlord/Tenant Dispute El Mortgage Foreclosure: Residential O Mortgage Foreclosure: Commercial O Partition O Quiet Title 0 Other CIVIL APPEALS Administrative Agencies O Board of Assessment 0 Board of Elections O Dept. of Transportation O Statutory Appeal: Other 0 Zoning Board 0 Other: .MISCELLANEOUS O Common Law/Statutory Arbitration 0 Declaratory Judgment 0 Mandamus O Non -Domestic Relations Restraining Order O Quo Warranto O Replevin 0 Other: Updated 01/01/2011 FORM I IN THE COURT OF COMMON PLEAS WELLS FARGO BANK, N.A. OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) v8. PATRICIA M. LEONARD 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 extension2510 or (800) 822-5288 extension 2510 and request hppointmont of a legal representative atno charge to you. Once you have been appointed a legal representative, Yeti roust promptly meet with that legal representative within twenty (20) daysof the appointment date: During that meeting, ycu 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 ofthc foreclosurc:compinint. 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 inorigage 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 Serviee for the appointment of a legal representative. However, you must provide your Bowyer With all requested financial information so that a loan resolution proposal.cnn be. prepared on your beliatf If you and your lawyer Complete:a financial worksheet in the format attached hereto; your lawyer. will prepare and :filen Request for Conciliation Conference with the Court, which mustbe filed within sixty (60). daysiof the service upon.you'ofthe 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 TRE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. \\:0 Date Respectfully submitted: Meredith Wo eters, 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: Borrower name(s): Property Address: City: Strife: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: Realtor Name: _ Realtor Phone: Borrower Occupied? Yes ❑ Na T Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long Mailing Address: City: Phone Numbers: - Email: • # of people in household: tate: Zip: Home: Office: Cell: Other: How long? First Mortgage Lender: Type of Loan: Loan Number: Second Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Total Mortgage Payments Amount: $ Included Taxes & Insurance:__ Date of Last Payment: ,Prinioiy Reason for Default: Is the loan in Bankruptcy? Yes 0 No 0 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: Value: Amount owed: Automobile #2: Model: Year: Value: Amount owed: Other -transportation (automobiles vats, motorcycles): Model: Year: Amount owed: Value 1140)1611v Income Name of Employers: 1. Monthly Gross Monthly Net Monthly Gross Monthly Net Monthly Gross Monthly Net 2. 3. 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 0 Mortgae 2ittgae Food Utilities Car Condo/Neigh. Fees Med. (not Covered) Otheipinurayrnent Cable TV Auto Insurance ' Auto fuel/repairs Install. Loan Payment Child Sup ort/Alitn. Spending Money Other Expenses gy/Child Care/Tuit. Amount Available for Monthly Mortgage Payments Based on Income & Expenses; Have you been working with a Housing Counseling Agency? Yes 0 No If yes, please provide the following information: Counseling Agcncy: Phone (Office): Fax: Counselor: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes No 0 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): Servicing Company (Name): Contact: Phone: Phone: i�VVe, , authorize the above named to use%refer this .vrfonnation 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 Co -Borrower Signature Date 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) 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 ay 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 Fi1c p: 936632 PHELAN HALLINAN, LLP Meredith Wooters, Esq., Id. No.307207 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Meredith. Wo o ters @phel anhallinan. com 215-563-7000 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD CIVIL DIVISION FORT MILL, SC 29715 Plaintiff, NO.: Vs. PATRICIA M. LEONARD 12 SOUTH ENOLA DRIVE ENOLA, PA 17025-2704 Defendant. CIVIL ACTION — CO P AINT ORTGAGE FORECLOSURE And now comes WELLS FARGO BANK, N.A., by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). 062 -PA -V3 2, The Defendant, PATRICIA M. LEONARD, is an individual whose last known address is 12 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2704. 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 July 24, 1992, PATRICIA M. LEONARD made, executed and delivered to LANCORP MORTGAGE SERVICES INC. a Mortgage in the original principal amount of $47,400.00 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 1080, Page 139. 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 22, 2005, the mortgage was assigned to WELLS FARGO BANK, N.A. Which Assignment is recorded in the Office of the Recorder of CUMBERLAND County in Book 716, Page 4691. 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. PATRICIA M. LEONARD is record and real owner of the aforesaid mortgaged premises. 7. Defendant is in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the monthly installments of principal and interest due June 1, 2013, 062 -PA -V3 8. As of 01/15/2014, the amount due and owing Plaintiff on the mortgage is as follows: Principal $27,636.99 Interest $1,631.82 From 05/01/2013 to 01/15/2014 Late Charges $54.03 Escrow Advance $311.40 Property inspections $0.00 Property Preservation $0.00 13PO/Appraisals $0.00 Escrow Balance $0,00 Corporate Advance Credit $0.00 Total $29,634.24 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. The mortgage premises are vacant and abandoned. 11. This is an in rem action only against the aforesaid mortgaged premises. Plainti ff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to 062 -PA -V3 do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability in a bankruptcy proceeding, this action is in no way an attempt to re-establish such liability, WHEREFORE, Plaintiff demands an in rein judgment in mortgage foreclosure for the amount due of $29,634.24, 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; i 062 -PA -V3 14 By: ere( tali wooter , Attorney for Plainti No.307207 Exhibit "A" ..� NOTE...._ !!�' 11111.111.1111 July 24th ,19 92 Camp 1 Icarl 12 Soutar Eno1q Drive, Etsoln, Pennsylvania 17025 ' f Penrioa. 1. BORROWER'S PROMISE TO PAY -.forayer fora Ituut that l have received.1 prowled to pay U,S.i 47, 400.00 (this amount Is celled "prindpal"), plus Interest, to the order of the Lender. The Lender 11 Lermgp Mortgagee Seerwes I, .I understood thnt the 'Lender maytrancierthiI NOW, The Lender orMyano who Woos this Note by transfer and who L entitled to receive payments under this Naito is trilled the 'Note Ilafdar,' 2.1N.I'ER1 ST Interestwill be charged on unpaid principal until the lull amount of ptrindpal bee been paid. Iwill pay interest eta yearly rate of 8.375 96. The interest roto required by this Section 2 h the rate I will pay both before and after any default described In Section 6(8) of this Note. 3. PAYMENTS (A)'rime and Ptatti fOxymrats twill p oy,printipal and interest by making payinenlsrvery month. I wiU =thorny monthly pay/mestizo the let day of each month -beginning on Septesber int 19 92 • f will mnkc these paym en ta every month soffit have paid all of the principaland interest and any other charges described below that I may owe under this Nota My monthly pnymeotwill be applied to kite -teat before principal.- It, on August lot , 2022 , Ielllluwe amounts under this Note,1 will pay thtat oaronnt) in full on that date, which Is Bled the "maturity date." Iwill matte mymonthly 'payments at Larstorp Mortgage Services Inc., 255 littler Avenue, lens/utter, Pennoylvnnin 17601 nratndl(torcntplaocIfrequired bythe Note llolder. (B) Amount 9rnfnullity -aymenos• My monthly payment will bo in the amount of U.S. $ 360.28 4 13O1lRO9VEWS RIGIITTO PREPAY 1 have the right tomake payments of principal ht any time before they ere due. A payment of-prinelpnl Only is knowntie a "prepayment:` -When I Moto a prepayment; Ipaid tell'the Note Mite: 1n writing that Iam dofrag.,ao, I may make n full.prepaymentor puttal prepayments without paying any prepayment charge The Nett:Holder willnte all of my prepayment/Ito t«foee rho'nmouat of principal that [ewe under thio Note. if 1 matte a pallial prepayment; there will be no tbnnges'In. the d uc date or 1n the amount army rnonlblY payment unless the Notelioldte ogrces In writing to those ctlanges. 5. LOAN CHARGES • Re law, which applies to this loan amt which sots mmihnum loan charges. is finale, interpreted to:that the interest Art other loan charge eollectcd or to be collectedin eooncetlon with this leen cicoed there mined lJmlts, then: (1)' hay such loin chargo shall be reduced by the amount neeet:wry to reduce the charge to the pormlttrd limit; and (11) any Bums ntroady eotlecied froni.rne which exceeded permitted llmll, wI11 be refunded tome. the Noto Holder may choose to make ibis refund by reducing ibo prindpal I owe under.thh Nuttier by making a direct payment tome. It a refund reduces principal, lbs reduction -will bo treated as n partial prepayment. 6. AORROWEWS FAILURE TO PAY AS 1U QU1RED (A) Lek Chant for Uvctduc 1'aynient tithe Notetfolder tweed received the full mmnunl of nny monthly payment by emend or £iftctin(15.) calendar &yin fie r Iti da te kik due, 011 poy OIntiiciintse to .tho 'Note Iteliter. A101;0141 the charge , 8,0009641 my Overdue payment et•prindpnlend interesr, Twill pay this'Inte dings pmmpty but any Once lin escalate payment. . (B) Default IfI do not pay the full amount of each monthly payment on the date 1t is due, I will be in default, (CI:Noticeo.(lhfnnll n:iflp 1flnmhtdefault theNotchnldernnn�jscridntcuwnitteedoticeteUingwethatJi do nut pay the overdub amount by n carinin+rintc; thi$�oto T•I%Ir�ei allay i>�ulrfoii in -P y'immedlataly.ieo TUU nnteunt of prindprl wliicfj ane not been paid r�-,t i,r� ,re,• and all the Inlrrcit tha1.1 owr'00 hint nmaunt,'1Lnt rime must ba at least 3o days iifldr tiih.ti(tic nn w itrii'the nnttce'1n .vu r7 ' drfvcrutdi"nintlotitii'nie ;'.pIT 1 �r`_9'S .�, 0:1)44011411re( Ila mole Il older Evan if, at a time *hen lam in default, the Note Holder done not require mo to payimmediately in NU as detained vo nbn, the Neto }folder will iti(t-hn a 1110 t'lghl to iln,.n 11,1 am In dcrnuIt et if later th'nty;illc:j:417( (11•I'n i (EI peymrnt or hinteliuliicr xtniU ohd1:]pcnrnpTf'O1\1 v.: l�ix) ;1 litho NoloHoldorIRA reYlulret�nt6tnptayimnlediatatyiittullrudcacril "� ailuro,tilal'totodaioWcrv?illhove -the right to be paid back by roc:Intel' or Its coma Land expeoua In enforcing Ihlr Nolo tone extent nor prnhihltedhynppllrnhto law.'lhose expenses include, tor turnrnple, renannahte attorneys' fed. _ Y1) t • " , "' /:h' r3f:J 1771 7, GIVLNG Ol?-N0'L?ICS " .-.,• Valets appltnaiblelawrcquhesadifferent method, any notice tliatmustira<'ptncn•iu"moIYIV ilhl. dwiltbegiven try detivertng it or•by meltingly by &lretclass mail m ma ttheptoperty Address• nbavel`ar ei a ifltferWi 1idf1 tri 111 give the NoteHaldor lin/Alec of my different idifrcw - Any notice that hurt ba glvcn,to the Note Iloider under this Note will4e given by staffing It Sent des moil to the Neto tioidor at the address stated in'Station 3(A) above or at a different addtesi lf:t nm given masks of that different address, ULTISTATE FIX (").RA rf''NOTE - stoats faintly • rttwtiyautCUNlrotettINIrrnlwrNT Tim UM MU 8.1JLIGATIONs-or PEILS014 UN. DtR THIS NOTE - If more then ono parrot' Hans Ole Note, emit person It lolly Ond personally oblIgnIcti to keep ell of the prornIses metlein Hilo Vino, ineluding iho promIto to pay thefull commit owed. Any pc Min W110 hi o guarantor, surety or endorser of this Note h oho .obligeted to do these things. Any piroon wtio take. over .thrao obligation., Including theobligat ions of guarantor, surely or Ondortr of thl. Note, 1. In obligated to 'keep nil of tito promises made In lh I. Nato. Theliate Holder may enfotoo its rights under Ibis Note ogling ench,persint IntilvIduelly or against all of me together. Thla attnno Met any ono air oloY bo roguired io pay all of he.amount s owertentter this Nolo. 9. WAIVERS find any olherperson who hashbilgatIons.under this 'Note waive lho rIghte of presentment and natter:, of dishonor. 'Presentment" memst the right forego trothe Not...Holder to dationd payment of amounts.due. "Votirra of dishonor' means the right tOrtgutrotho Note,HOICIer CO gtveruitica trotherpersonothst amounts due hay.c, not been paid. 10. UNIVORUSECUTIER NOTE Thl,Nololt n uniform lostrument with Oohed yerieltrini le some Jurisdiction.. In addition le the protections given lo the Note Haider under IhLi hirrier, a Mon gags; Dced.of Trart or Security 'Mod (the "Security Inetrum eat"), d Med the some doles, Alt nto, protect. tho Notellotder from pomlblo loom which aright reoult UJ do hot keep the promises which 1 make ln this Write. That Instrument describes WV and under whet tondltions lioy bo required to metre immediate payment in full of all overlent. oweb odor thliNo te. Some of those .ttOndtt lona are desalt/oda. fallow.: Tes surer of lite Property ors flenefidel Interest In Bonvwer.11ell or any port of the Property or ntty Interns; In It sold.or bansferred (or if a beneficial ',defeat to Ihrerrhver ti sold 'or transferred and 'Borrower is not s natural pctsan)WIthoutLander'a prior written content, lender may, el lis require immallatepoyment In (ultra all so raisccered by Mk Security Instrument, I towever, tills option -shall not bc exercised tty Lender if merrite isprohltited by tedaril law as of the dale °hills Security Instrument. .11 Lender morreites thisopton, Loader Shall give Borrower notice of sweeten] don. The notice atoll .prervido a period uf not less lhen.36 days from the date the nutlet .h delivered or melted within Which Borrower moat pay all sum. secured by Oh Security lootrtiment. Dorrowrx.fells loony them Immo prior to the e.aplratIon of MI) period, Lerida may Invoke opyremedles permitted try this Security instrument without further notice or demand on Borrower. (MAW: uudn.tao PAY 'IQ 'FOB on= OF MAST NA ONAL HORTOAGZ CORPORAVM TFC SOCOV.4.4AIS AND/011 ILSSIGBS, As THEM INITABi.ST MAY APPEAR? armour. 'Ancor? tbrtgage Servi BYt Keith Land s President PAY TO THE ORDER OF Wells Fargo Bank, N.A. WITHOUT RECOURSE GE CARITAL MORTGAGE SERVICES, INC. EOMI CABRERA ATTORNEY -1N -FACT FOR (3E CAPITAL MORTGAGE tSenJ (318n °vial onixi 4 %JAY 70 7BZ OBVBB O, GE 14PTA1. MORTGAGE SERVICES, INC. •WifitaUT WZOVH.Ene . tat (110) SW 70 NV te4ap wrrigT) *TUB t.'AFIGO floNie 14.n July 24th i9 92 t 1 ntvtn t a 12 .•r• tit .l is Drive tap7 Istr, , {r..si Ashaal Cerny Hill. WN 1'vaniti 17025. ' roUrnisin 1.00RHOWER'S PROMISETO PAY In return tori Join that flue t celvad, !promise to pay 1194 47, 4 00. 00 (tliit amount isaltcc principal').phis' Interest, to the ordcrbttheLender. The Lender la orp yup serolcson lender i1 that the Lender may rontlet this Note. The taeeder oranyone who toles this Note by transfer and who b entitled to Weise payments under,thfti 1'(ole1s celled the `Note Fielder,' 2. INTEREST Interco; will be charged on unpaid pAodpl until the tuU len amnia( prinel* hu been paid. I will pay interest at a yearly ode of 6.375 %, The Interest nos required by this Section 2 Is the roto I will pay both before and atter any default described In Section 6(e) of dill Note. 3. PAYMENTS (A) Time and Phitc elPiymcnb 1 wi0 pay principal end interest by makint.payraouts iii ery month, twill nfelte my wlnthly payments on the 3ttt day 'death mmth beginning nn Sitar lot 1992roake these psyrnents every montit hue paid all of the principal/tad 11114ft...11 and any other charger deserlbed briewAtat'( may owe under iltlr Note. My mnnlhly.p%yntanl will hs applied In lneereit before prindttat 1f. on Atitj'unt: lot , 2022 ,1 still owe nmounts under chi Note, T'wviit Fey theta amounts In Nano that dale. which is rolled the^Maturity date." ' Iwiliduke snyiodnlhlypIynentaet ygnrorp,No.rtcjnryo Selrvlcrri Inc., 755 Butler !Walnut, Uncap tart Phnlurylvpnin. 17601 oritAdifferent plaoelfrequired hythcNote Helder. (8) Amount of Monthly Payments • My monthly payment %rift bo In the amount of U,9. i 360.26 4. UORi(OWER'S RIGI TTO 11REPAY 1 hove 1110 rtehl 10•matc.paym%enlcnf pincfpaf rel any limo Itelura they net due. h payment of principalonfyie &noun as n `prepayment* When Intake n prtinyment I will WI die Nnlc Holder in writing that 1 am doing to, tinny make c full Jsapaynieni nrpertinl prepayments without paying any prepayment ehargc.'I1te Nete lioldcr lull{use alIrelrnyprepe mentiIvredutxIlioamnuntof:principalthatiuwo under this Neta ifImekanpartial prepayment; ;hero will be ono chanties in lhedu a dole or In the amount ret my monthly paytuent unicas the Nnto Holder agrees n writing to 'boo &stigcc 5.I:OAN•CIURGES Ito law, width nppllcs to. this loan andiehiali each; iensimitni loanrltitrgel,11 finally In se ilial the interest or other loan charge notlecte*I or to be-celleeted in mantel ion with Ihls Ioses:weed Aro perenhtcif'llrnhs, then: (I) any .such lean charge ;loll he Ieiluoe.l by the nmovnr neeesnry to reeluee Ate tharjte to the permitted Ilm{tt end Pi) any sums already t IIccted from rnnawltidi exceeded permlltad llmltawill he rrroaded la tae.The Nntoliewerme, antes to make this retuntltrylulu deg the 'principal (trovetinder IIll Note orttynwkinga Angel payment It.Wle.lfarefund reduces principal, Ilia i edudlon will be treated es a partial-prepaymenf. 6. BORROWER'S FAII.IIRE TO PAY AS REQUIRED (Alton Choirr 0veniva.l 'phut% If tits N'nlo tomer Inst not.rcudvell{ho lull amount of any nmonthly payment by the end of fiftc rm( 15) calendar slays eller the &it II 1s due, t will pay n tato charge 10 the Nota lloiler.'fhe amount nt the charge will he 5.000 % my overdue payment of principal end Inierest.1 will pay this laic durgc pro ropily Inst only once on each late payment. (u) Default Uldonal pay the full amount etrgeh monthly payment on AIC,dete it is duc,1 will bo in default. (C) Nance4Defaultn;..,,.,, • ; Tf I am in *rank, the NOW Holder may send men written Wallet !chitin -IC 161 ;11 do not guy ilio swerdue mount Ly.o c rialn dein, rile Noted{olderrosy require me ti pay lnmedintely the full mnounl of principal which has not Jaen pold end a1(theinterest thatI''tswc'on'Ihatemul tis.'flatdnlcmutt , r,tfbonlleai130daysallcrthe.iLiieonwhichIlnc'nofits1r dellvcrettorratil ttuma ;'t:';•!';;{• •; .' , , (p1Nc11•sIes't0y 111alfutd11 " 20r1 11, al a lime alien I'am in dctouIt; Ain Mae Holder dues not require me to pay itinmdiately In cult as ;feu ribed altnve, tic Notellolduwill ttfli'havo Ihb tlghl 'Melo Wit Pin lin detain[ o1 n tatertlom, (Ica l'aytnrns of Kale lloldn o Calfa and l gpen.rn if the Mile Holderhastett uIrestmeta pay Imntcdietelyin:fulIasdrscilbedobav ,AwNolo ltbldcrwilthavethe light to be veldt** by Inc (atoll et its usttt rind eafansealnenlnrdng Mitttime in the extent not prohibited 'by opplioibio law:Dime upanig k el flit. Ter cum ple, 11:1144:4111111e 1110111/11. Ileac 7. GIVING OF NOTICES Unless applicable law requiter a different method, any notice that m001 be Siren tome under this Note will be given by delivering it err by nailing it byfirst chits mall to moat thoi'roperly kddreat above or et odifferent addrws1(1 give the Note`i{oldcri notice of my different address. Any nodes Ibat must be given to the Note Ilottteru nder thla Note Will .be given by ma0ing It by Grit ciao urgll w oho Note Holderat the address waled its Section 3(fs)ebove dant a different address It 1 am givens notice of that different address, MULTISTATE FIXED RATE NOTE • ornate raslty • raoMOKIrxINIFodINlTRUMENT rn.aroalrry , PA1010 Mit oniA•Givnoiss.oi,..P.81...50Ns'..crt.1•DPAt!nriS-NoTk • 11triiii.o.thttilski,:piriSlitIFie•11113 NisIt, r.iili•perstritli IiiliyessitIroisruirrIlfatiflgerit41'16f500p)SII•Uf:14:PrIoirlsts . made Iris SISs ihniiSI :owtd.AtV•reon,selio Is nifUrsirs0101.;stitertriesilrinrier ;s" • •irtteIs•tititalS .16 li9,Atie.it 41iiiici:-Ady)!5ribilsrea.10004 orcs..-Ilieso•o131IMSIcisry 00101010s tilsIlgellhes is( is goer e ritsr;ells•ely sielleeriS1 in ke0p diet 1110.0rirrislieSinerler IniIrl., NuIc.. Note )10S'ilir martsicssi logoi1itii.:1171..inolyrn tifit.i46j, roli of us oury:te-roluiretl•10,feyiall'ilsrisi"erOiroirIiintler11111Nole, 7,1511.0FRS • Vsfid.Ad.ydilicr iiv6A who till Nom wnlc 8ei1gltIot IicnImnIdd poi ico at dishonor, 'Pt cseriItiscUr.leroes•Ilie Nrileliplr/ot 10-dter rind yrncn(ntunls c.."!Nst leo dIsho nog^ merle, illt,lijOititi.ltilf.rrie.T7igleiltilticr IsSirlea hiiIiet-t0,rillterlsessarts iliet••ri mounts duo Ise-0911dt bedipa Id. UNIFORM S111t • ibis Vara Is is 110116110•Ititll umets1 ii.ithlirollertrindfillrossi0 SOMA .Iurlsdicrirrrit.10•10pItliituu•lurlic '1;0104100o p,Irco -lu the -Noir, 1•101dattecie'l tlils Naie,ktritirlgrigo,Dersil Trosi4e•Soctitttyl)epd (.1119.-Iccu5liy Insigimooll, d,I1 .she dsite iornlbt ilitiVeSe."110filar front 10$11410•101c0 which nilsist 1001 irt.tlfi•1101"k041•11suisreirelsis 01010 'riirtkOn 111:t14101.lisel dOtribetho,kAnti dnOtr*Isot coydltions Unitly:tid scquIrictrisusak0 'n160.41144 ptyltetithilun Of 411 I6oin Under 1111114ole.7Sorne ulthom tobtlitIons ore Octtrl*dititfollourti '!rrirosterrur tIirl,risprrty ot ilt001clollisRreoi lir llurrosser.lf ell:otorty ;sort aCttso'Frpciyor 00irer -01161(11,idld.toMt nitarred'Or Ifs Ism tlittel•Irs'!0,ecsilit 116es-river lesalcrus-• If it11,f0-17:Ed ettid fretiii-e),porien)41111nUt•LcAder's orfnirilt.;fisdermy,aC IN spilbn, icqiiro frurnopiynbs (s II 4(111 sunitsecurrAl.by. Rai StruiPyinstrtssenii nnl-tro ottlIn.dOie l( i.eridtroitillsoi--0111.,aptifini..I:thilet;h11-ritv-0,,IJorrowcr• nolkof iit7r44.stities. Onei leis Sheri 30 ileyr,trises Js dole the-1000re t 1101Irrarertr# maIlerl•wItIsIn Marti 110firstrer must oy,iIeure's•struferl 8iiIIII$tr.iiiity-In+tiulstal.1(1!ocrower•tAIN py Sitio sum' pfiar 016 eptuItnnit thil pc Hod; -1.0-1141- dtny PIVOic tidirein4t1I:cV}t um Malty tlris SctirrIVIestrsimeur as:rlhout 'further Aut"Ittsor dem otid•00 Jotro*c. , • ztatlynk. ww. 771i1 OfibigR OF 1-..utst wriow x. CORMINligNo, ;XI%oIss 1N1JOfl rissitta, S. ruTh irtilat'ipiy: in vrimittr sacoupsE. Lancorp Hort-gage • Iyi goi1.413 • President • own. ...nu. • rn --potrI) ' • • 6 • Mt 011DVB • WIT/1O010t• TOThfl.A (Seal) —aronwrtt !sir; °Aline! OnN ; , • *lime IftssOsiitt Exhibit "B" LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, situate on the northeastern side of South Enola Drive, East Pennsboro Township, Cumberland County, Pennsylvania, and being more fully bounded and described according to a plan of survey by Gerrit 1. Betz & Assoc., Inc., Engineers and Surveyors, dated November 19, 1976 and bearing Drawing No. 76567, as follows, to wit: BEGINNING at a hub located on the northeastern side of South Enola Drive (50,00 feet wide) and a corner of land now or formerly of Donald Orris, said hub being located 120.00 feet from the southeasterly corner of Cumberland Road and South Enola Drive; thence extending from said beginning point and along land now or formerly of Donald Orris, and also along land now or formerly of Donald Long, and passing through a 36 inch wire fence, North 79 degrees 40 minutes East 90.00 feet to an iron pin found at a corner of land now or formerly of Robert McAllister; thence extending along said land and passing through said wire fence, South 10 degrees 20 minutes West 38.22 feet to a pin found at a corner of land now or formerly of Weston Lipscomb; thence extending along said land, South 80 degrees 15 minutes West 90.00 feet to a hub located on the northeastern side of South Enola Drive, aforementioned; thence extending along same, north 10 degrees 20 minutes West 37.33 feet to a hub, the first mentioned hub and place of BEGINNING. BEING known and numbered as 12 South Enola Drive. File; ll: 93602 BEING the same premises which Larry L. Walters, single person, by Deed dated July 24th, 1992 and which is intended to be recorded forthwith in the Cumberland County Office of the Recorder of Deeds, granted and conveyed unto Patricia M. Leonard, single person, Mortgagor herein. PROPERTY ADDRESS: 12, SOUTH ENOLA DRIVE, ENOLA, PA 17425.2704 PARCEL #09.15.1291-046 FUc N: 936632 VERIFICATION Sonya Moore, hereby states that hcl Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff in this matter, that h 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 r nformation and belief The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. Name: Sonya Moore Title: Vice President Loan Documentation Company: Wells Fargo Bank, N.A. Date: 01/16/2014 086-PAN2 FILE # 936632 hibi “B” IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff vs. PATRICIA M. LEONARD Defendant AND NOW, this 424 day o Court of Common Pleas Civil Division CUMBERLAND County No. 14 -451 -CIVIL ORDER -fr.; 2014, upon consideration of Plaintiff s motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED, that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and of the Notice of Sheriffs Sale as authorized by Pa.RCP. 3129,2 (c)(1)(i)(C)*, on the above captioned Defendant, PATRICIA M. LEONARD, by: 1. Posting of the premises: 12 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2704 by the Sheriff or a non-party competent adult; and 2. First class mail to PATRICIA M. LEONARD at the mortgaged premises located at 12 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2704. Service by mail is complete upon the date of mailing. 3. Publication pursuant to Pa. R.C.P. 430 -03 rn =rn ▪ r- -<> r-7 zc. )„,.c --t 1 nu 4 014Ai7/AT.G W rn / It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office,to ensure compliance with this Court Order. BY THE COURT: J set forth in this Order, Plaintiff must first In the event this attempted service is not conformity with this Order. *Prior to fulfilling the requirements of service of Notice of Sale as attempt service as set forth in Pa.RCP. 3129.2(c)(lxi) (A) or (B). successful, Plaintiff may proceed with service of the Notice of Sale In Cc:PATRICIA M. LEONARD 12 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2704 PATRICIA M. LEONARD 12 SOUTH ENOLA DRIVE ENOLA, PA 17025-2704 Exhibit "C" Phelan Hallinan, LLP uF THE PfOTHONOTAh Paul Cressman, Esq., Id. No.3180 gill'_AUG 28 AM �©• TTAORNEYS FOR PLAINTIFF _ paul.eressman@phelanhallinan.co ' 1617 JFK Boulevard, Suite 1400 t. One Penn Center Plaza CUMBERLAND COUNTY Philadelphia, PA 19103 PENNSYLVANIA 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff vs. PATRICIA M. LEONARD Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 14 -451 -CIVIL r'.. AFFIDAVIT OF SERVICE OF COMPLAINT )3Y MAILPURSUANTTO COURT O12DER JCop I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular mail to the following persons, PATRICIA M. LEONARD at 12 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2704 on August 26, 2014, in accordance with the Order of Court dated August 12, 2014. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. DA Phel PH # 936632 Esq., Id. No.318079 Auosn for.P ainuff Phelan I-Ia , LLP PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss, COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodiCal published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and' issues of the said Cumberland Law Journal on the following dates, VizSeptember 5, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. 1 a Marie Coyne, Efitor SWORN TO AND SUI3SCR1BED before me this Lday_of September. 2014 EN NOTA IAL SEAL DEBORAH A COLLINS Nnuny Public CARLISLE 90110„ COMOERLAIRI CNTY My Commission Expos Am Z8, 2018 grPy PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Cathy Clark, Advctr•tisii g Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that TINE SENTINEL a newspaper of general, circulation in the Borough of Carlisle, C.:ounty and Slate aforesaid., was established December Thib, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as vas printed and published in the regular editions and issues of August 30 201 4. COPY OP NOTICE OF PUBLICATION m m xi � n 3 m 0 m gam. r. 4agE piiFsks SY31d NO/1Y900 LO1at100 rn 0 • 1tl ' `n b 015 �m- z 13 n°ri1 *n ft 5%0 '*0 2 i 5 Affiant further deposes that he/she is not interested, in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication ;t .e true. Sworn to and subscribed before me this c, Ci.t� r V. 411itt d fi , } No a v Public My commission expires: COMMONWEALTH ALTH Or PENNSYLVANIA \tiontill «i'ne Sol tally F4.4tatiry, tmtary Fratflic Cartl:le ttat' , Cunrt4411and Launrl try'Comn,t4;:'ot, F r,¢" u' 4444. 'Pt. d . I S ... 4l ,riiiiT.ikitt , 4M•.vtitil. ikk t'±r•f t t tZt 3Ti.iii isTi' AFFIDAVIT OF SERVICE — CUMBERLAND scc PLEASE POST BY: 09/21/2014 PLAINTIFF COUNTY: COURT CUMBERLAND NO. 14 -451 -CIVIL, WELLS FARGO BANK, N,A, DEFENDANT PATRICIA M, LEONARD TYPE OF ACTION XX Mortgage Foreclosure SERVE AT: Eviction 12 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2704 _ XX Civil Action Complaint on Promissory Note ***PLEASE POST THE PROPERTY*** ***IN ACCORDANCE WITH THE***** ***ATTACHED COURT ORDER****** Seri ed I'[,.ted rcrtd tdc l;ntycvn !'A" ` tiClA M. LCC)iyAiiil 1;tr.fet>dnnr nn the ._ .tlay of e� 7A nt / nelnc I M,, PI 12 Sh1,'D-I IIN(1.A DRIVE, ENOLA, PA 17025-2.704, in tho manna described below: Defendant pcmon ll Nerved. Adult family member with whom Dcfcndant(s) retidc(s), Relationship is Adult in charge of Defendant's residence who refused to give name/relationship, Manager/Clerk of place of lodging in which Defendant(S) reslde(s). Agent or itcr.on in charge of Defendant's office or usual place of business. u nlfir[ of said defendant company. Other: ;} Qe- L` Age leighl Wight.. Race_ . Set Other wat•tfsrti Ythilid , be g duly swum}}iry; to law, depose and state that 1 personally posted a true and correct ortgagc.3 oreclosnre issued in the eatt,iitad t ts' On the date and t gh1i) -s Indieetdiflti 'c.1 understand that this the penalties of IS Pn. C.S. Sec. 40t t, " it ntsworn f ri copy of the statementis tnati Onthe Tday of _, Vacant _Does Not Exist ' Moved _ Does Not Reside (Not Vacant) No Answer on at at Service Refused NAME', PRI' T1TLl?;11 VQC.C„'7' ✓ V L. 1_ NOT SERVE!) 20 , at oclock M., Defendant NOT FOUNT) because: Other: PH # 936632 PHELAN HALLINAN, LLP Joseph P. Schalk, Esquire, Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 7365 Attorney for Plaintiff Wells Fargo Bank, N.A. Court of Common Pleas 3476 Stateview Boulevard Fort Mill, SC 29715 Civil Division Plaintiff No. 14 -451 -CIVIL v. Cumberland County Patricia M. Leonard 12 South Enola Drive Enola, PA 17025-2704 Defendant CERTIFICATION OF SERVICE I, Joseph P. Schalk, Esquire, certify that I caused true and correct copies of Plaintiffs 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: Patricia M. Leonard 12 South Enola Drive Enola, PA 17025-2704 Date: I By: 936632 Pchal , Esquire ney or Plaintiff E ED-01710c' .- THE R€W ,.i ACU 231 DEC —t+ Ail 11. 1 5 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. Court of Common Pleas 3476 Stateview Boulevard Fort Mill, SC 29715 Civil Division Plaintiff No. 14 -451 -CIVIL v. Cumberland County Patricia M. Leonard 12 South Enola Drive Enola, PA 17025-2704 Defendant ORDER AND NOW, this '/ - day of , 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. 936632 CC: Patricia M. Leonard Joseph P. Schalk, Esquire, Id. No. 91656 Attorney for Plaintiff t/<ELAN HALLINAN, LLP Joseph P. Schalk, Esquire, Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 7365 ‘Xatricia M. Leonard 12 South Enola Drive Enola, PA 17025-2704 / slit/ 936632