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HomeMy WebLinkAbout14-4437 Supreme Court of Pennsylvania Cour�,,+of Common Pleas For Prothonotary Use Only: GALCovef Sleet q CUMBERT.,AND` '- County Docket No: s ice,, 1►�_ X1 37 a_Mv�TerPA The information collected on this form is used solely for court administration purposes. This form does not supplement or replace thefiling and service o leadin s or other papers as required by law or rules of court. S Commencement of Action: ❑D Complaint ❑Writ of Summons ❑Petition E ❑Transfer from Another Jurisdiction ❑Declaration of Taking C Lead Plaintiff's Name: WELLS FARGO BANK,NA Lead Defendant's Name: KYLE W. ELLIS T I Are money damages requested? ❑ Yes 0 No Dollar Amount Requested: Elwithin arbitration limits U (Check one) Z outside arbitration limits N Is this a Class Action Suit? ❑Yes 0 No Is this an MDJ Appeal? ❑ Yes ❑x No A Name of Plaintiff/Appellant's Attorney: Jonathan Lobb,Esq.,Id.No.312174,Phelan Hallinan,LLP ❑ Check here if you have no attorney (are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE.If you are making more than one type of claim, check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL.APPEALS ❑Intentional ❑Buyer Plaintiff Administrative Agencies ❑Malicious Prosecution ❑Debt Collection: Credit Card ❑ Board of Assessment ❑Motor Vehicle ❑Debt Collection: Other ❑Board of Elections ❑Nuisance ❑Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑Product Liability(does not S include mass tort) ❑ Employment Dispute: ❑ Slander/Libel/Defamation Discrimination E ❑Other: ❑Employment Dispute: Other ❑Zoning Board C ❑ Other: T O MASS TORT ❑ Other: ❑Asbestos N ❑Tobacco ❑ Toxic Tort-DES ❑Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑Toxic Waste ❑ Ejectment ❑ Common Law/Statutory Arbitration $ ❑Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑Ground Rent ❑Mandamus ❑Landlord/Tenant Dispute ❑Non-Domestic Relations ®Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABILITY ❑Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑Dental ❑Partition ❑Replevin ❑ Legal ❑Quiet Title ❑ Other: ❑Medical ❑ Other: ❑ Other Professional: Pa.R.C.P. 205.5 Updated 01/01/2011 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#: 946044 HE PROTHONOTARY JUL30 Ali 11: 15 CUMBERLAND COUNTY PENNSYLVANIA PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK,NA 3476 STATEVIEW BOULEVARD CIVIL DIVISION FORT MILL, SC 29715 Plaintiff, NO.: 14- q43 0-i,411 1014 VS. KYLE W. ELLIS, in his capacity as Heir of CLIFFORD W. ELLIS, Deceased - 9 S SPRING GARDEN ST CARLISLE, PA 17013-2551 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CLIFFORD W. ELLIS, DECEASED 18 HILL STREET MOUNT HOLLY SPRINGS, PA 17065-1307 Defendants. CIVIL ACTION- COMPLAINT IN MORTGAGE FORECLOSURE 4113.`76 Pp AT" �� 309103 062-PA-V5 And now comes WELLS FARGO BANK,NA,by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is WELLS FARGO BANK, NA, 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). 2. The Defendant is, KYLE W. ELLIS, in his capacity as Heir of CLIFFORD W. ELLIS, Deceased, with a last known address of 9 S SPRING GARDEN ST, CARLISLE, PA 17013-2551. 3. The Defendant is, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CLIFFORD W. ELLIS, DECEASED, with a last known address of 18 HILL STREET, MOUNT HOLLY SPRINGS, PA 17065-1307. 4. In order to protect the borrower's privacy, certain personal information of the borrower (such as loan account, Social Security numbers and birth dates), may have been partially or completely redacted on the exhibits to this Complaint. 5. WELLS FARGO BANK, NA, directly or through an agent, has possession of the Promissory Note. WELLS FARGO BANK, NA is either the original payee of the Promissory Note or the Promissory Note has been duly indorsed. A copy of said Promissory Note is marked Exhibit "A", attached hereto and made a part hereof. 6. On or about January 20, 2011, CLIFFORD W. ELLIS made, executed and delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR CARDINAL FINANCIAL COMPANY, L.P. a Mortgage in the original principal amount of$151,070.00 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 on January 24, 2011, in Instrument No. 201102937. 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 062-PA-VS those documents are of public record. 7. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded February 5, 2014, the mortgage was assigned to WELLS FARGO BANK, NA which Assignment is recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 201402696. 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. 8. Mortgagor CLIFFORD W. ELLIS died on 12/12/2013, and upon information and belief, his surviving heirs are KYLE W. ELLIS, BRANDON S. ELLIS, and EVAN W. ELLIS. 9. Plaintiffs representative contacted the Register of Wills of CUMBERLAND COUNTY and was informed that no estate has been raised on behalf of the decedent mortgagor. 10. By executed waivers, EVAN W. ELLIS signed by Lynne Ellis mother of Evan Ellis and BRANDON S. ELLIS waived their right to be named as a defendant in the foreclosure action. Said waivers are attached as Exhibit" C ". 11. Plaintiff hereby releases CLIFFORD W. ELLIS, from liability for the debt secured by the mortgage. 12. Plaintiff does not hold the named Defendant, KYLE W. ELLIS, personally liable on this cause of action. This action is being brought to foreclose the interest of the said Defendant in the aforesaid real estate only, and the Defendant has been named in accordance with the requirements of Pa R.C.P. 1144(a)(2) and 20 Pa.C.S.A. § 301(b). 13. Defendants are in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the installments of principal and interest due December 1, 2013. 062-PA-VS 14. As of 07/17/2014, the amount due and owing Plaintiff on the mortgage is as follows: Principal $ 144,383.89 Interest $ 4,872.79 From 11/01/2013 to 07/17/2014 Late Charges $ 266.04 Escrow Advance $ 1,293.05 Property Inspections $0.00 Property Preservation $ 0.00 BPO/Appraisals $0.00 Escrow Balance $ 0.00 Corporate Advance Credit $0.00 Total $ 150,815.77 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. 15. 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). 16. This action does not come under Act 91 of 1983 because the mortgage is FHA- insured. 062-PA-VS 17. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability in a bankruptcy proceeding, this action is in no way an attempt to re-establish such liability. WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of$ 150,815.77 with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. By: Date: -71,1 jtq Jo han Lobb, Esq., Id. No.312174 Attorney for Plaintiff 062-PA-VS Exhibit "A" 1, MIN NOTE FHA Case No. JANUARY 20, 2011 WARMINSTER PENNSYLVANIA [betel icm [so") 1.8 Hill Street, Mount Holly Springs, Pennsylvania 17065 Ieiop"Adtasl 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender"means CARDINAL FINANCIAL COMPANY, L.P. and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of ONE HUNDRED FIFTY-ONE THOUSAND SEVENTY AND 00/100 Dol[ara(U.S.S 151,070.00 plus interest, to the order of Lender. Interest will be charged on un d principal, from the date of disbursement of the loan proceeds by Lender,at the rate of FOUR AND 7 5 0/10 0 0 percent ( 4.750 %)per year until the Poll amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the"Security Instrument." The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMHf (A) Time Borrower shall make a payment of principal and interest to Lender on the I s t day of each month beginning on MARCH 1, 2011 . Any principal and interest remaining on the 1st day of FEBRUARY, 2041 , will be due on that date,which is called the"Maturity Date." (B) Place Payment shall be made at 444 JACKSONVILLE RD, WARMINSTER, PENNSYLVANIA 18974 or at such other place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $ 788.05 This amount will be part of a larger monthly payment required by the Security Instrument,that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Aiionge to this Note for Payment Adjustments If an altonge providing for payment adjustments is executed by Borrower together with this Note,the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the ailonge were a part of this Note. MULTISTATE-FHA FIXED RATE NOTE 00catagia AMFdVXW W0449-13M USFHA.NTE 09125/09 Page 1 of 3 www.docnm*k_Cw ttfY+e9'W ill i • (Check applicable box.) ❑ Growing Equity Allonge ❑ Graduated Payment Allonge ❑ Other(specify): 5. BORROWERS RIGHT TO PLAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part,without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. if Borrower makes a partial prepayment,there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. 6. BORROWER!S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C)of this Note,by the end of fifteen calendar days after the payment is due,Lender may collect a late charge in the amount of FOUR AND 0 0 0/10 0 0 percent( 4.000 %) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults,require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances,regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary"means the Secretary of Housing and Urban.Development or his or her designee. (C) Payment of Coss and Expenses IfLetder has required immediate payment in full,as described above,Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of Dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. S. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the Property Address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by delivering it or by mailing it by first class mail to Lender at the address stated in Paragraph 4(B)or at a different address if Borrower is given a notice of that different address. 9. OBuGATIONS 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 MULTISTATE-FKA1 RXED RATE NOTE DocKlgk tltWM 600449.1362 USMA.NTE 09/25109 Page 2 of 3 www.docwwM1 cam • i . . _. i this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Now ` (Seal) (sew) C ford W Ellis -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower WITHOUT RECOURSE. ,:$./ PAY TO THE ORDER OF WEL !ARG O NK,N.A. By ,Scott td.Swanson. Assistant Vice President .•s WITHOUT RECOURSE PAY TO THE ORDER OF Wks-Fargo Bank,NA CARDINALFl CIAL C MPANY,L.P. ey: COLLEEN S.MARKS,ASS' .VICE PRESIDENT Wig"Original Only] MULTISTATE-FHA FIX®RATE NOTE 00CA180C CPbn S 800619-1362 USFHA.NTE 09125109 Page 3 of 3 www.doemaytc.Com Exhibit "B" LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground, situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described as follows, to wit: ON the South by Hill Street; on the West by a street named Hollinger Street, extending from said Hill Street to Pine Street; on the North by an alley; and on the East by land now or formerly of John Zug. CONTATINING Forty (40) feet in front on said Hill Street, and extending back in depth at an even distance of 153 feet to said alley. PROPERTY ADDRESS: 18 HILL STREET,MOUNT HOLLY SPRINGS,PA 17065-1307 PARCEL#23-32-2336-352. File#: 946044 Exhibit "C" r WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I,EVAN W.ELLIS,Heir of CLIFFORD W.ELLIS, Deceased, hereby acknowledge that I may have an ownership interest in the property located at 18 HILL STREET,MOUNT HOLLY SPRINGS,PA 17065-1307, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. 1141 et seq., which may be instituted by WELLS FARGO BANK, NA, involving said property, which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale of the mortgage premises. Date: �P l �O 1 BY rn f A'!-1 1 I I .S ^ S 1 n r)C. 9 ��lS (print ame) (sign n e) Parent and/or Legal(Guardian Of Evan W. Ellis,Heir r Of.Clifford W. Ellis, Deceased . WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, BRANDON S. ELLIS, Heir of CLIFFORD W. ELLIS, Deceased,hereby acknowledge that I may have an ownership interest in the property located at 18 HILL STREET,MOUNT HOLLY SPRINGS,PA 17065-1307, in accordance with Section 301(b) of the Pennsylvania Probate,Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. 1141 et seq., which may be instituted by WELLS FARGO BANK, NA, involving said property,which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale of the mortgage premises. Date: BRANDON S. ELLIS, Heir of CLIFFORD W. ELLIS, Deceased VERIFICATION KerriAnn M. Barao, hereby states that h sh is Vice President Loan Documentation of WELLS FARGO BANK,N.A., plaintiff in this matter, that he/ he 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 information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: KerriAnn M. Barao Title: Vice President Loan Documentation Company: Wells Fargo Bank,N.A. Date: 07/18/2014 086-PA-V2 File#946044 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson ,'|[[a'Oc-1n Sheriff •ifr THE PROTHONOTARY Jody S Smith Chief Deputy Richard W Stewart Solicitor OFFICE OF THE EMERIFF 2014 SEP �� p� �� �� ^�. .��/ ^ ' .. " � ' CUMBERLAND COUNTY PENNSYLVANIA Wells Fargo Bank, N.A. vs. Kyle W Ellis Case Number 2014-4437 SHERIFF'S RETURN OF SERVICE 08/04/2014 07:16 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Kyle W Ellis, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as "Not Found" at 18 Hill Street, Mt. Holly Borough, Mt. Holly Springs, PA 17065. Residence is vacant. 08/26/2014 08:15 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Bradley Wagner, Roommate, who accepted as "Adult Person in Charge" for Kyle W Ellis at 9 South Spring Garden Stveet, Carlisle Borough, Carlisle, PA . J ON KINSLER, DEPUTY SHERIFF COST: $52.69 SO ANSWERS, August 28, 2014 RDN R ANDERSON, SHERIFF (c) CounlySuile Sheriff, Telerosoft. Inc. FILL;) -OFF L THE FROTHONOTAt; , 2014SEP 2+ EVI IC: yt, CUMBERLAND COUNTY PENNSl'LVAi-JA Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, NA vs. KYLE W. ELLIS, in his capacity as Heir of CLIFFORD W. ELLIS, Deceased ET AL. Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 14-4437 CUMBERLAND COUNTY MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, WELLS FARGO BANK, NA, respectfully requests that this Honorable Court enter an ORDER granting Plaintiff s Motion for Service Pursuant to Special Order of Court in the above captioned matter and in support thereof avers the following: 1. On January 20, 2011, CLWF ORD W. ELLIS made, executed, and delivered a mortgage upon the premises at 18 HILL STREET, MOUNT HOLLY SPRINGS, PA 17065- 1307. 2. The loan is in default as payments due December 1, 2013 and each month thereafter are due and unpaid. 3. Real Owner CLIFFORD W. ELLIS died on December 12, 2013. Attached hereto marked as Exhibit "A" is a copy of the Lexis Nexis Search verifying the date of death. 4. Plaintiffs representative contacted the Register of Wills of CUMBERLAND County and was informed that no estate has been raised on behalf of the decedent mortgagor. 946044 5. Plaintiff performed a Good Faith Investigation in an attempt to identify and locate the heirs of CLIFFORD W. ELLIS. Plaintiffs investigation confirmed that WILLIAM G. ELLIS, JR., is the father of CLIFFORD W. ELLIS. Attached hereto, marked as Exhibit "B" is a true and correct copy of Plaintiffs Affidavit of Good Faith Investigation. 6. Plaintiff obtained a copy of the Obituary for CLIFFORD W. ELLIS. The Obituary was published in The Sentinel on December 14, 2013. Per the Obituary, CLIFFORD W. ELLIS is survived by his three sons; KYLE W. ELLIS, BRANDON S. ELLIS and EVAN W. ELLIS. 7. Upon information and belief, the surviving heirs at law and next-of-kin of CLIFFORD W. ELLIS are KYLE W. ELLIS, BRANDON S. ELLIS and EVAN W. ELLIS. Attached hereto marked as Exhibit "C" is a copy of the Obituary. 8. By letter dated June 3, 2014, Plaintiff contacted KYLE W. ELLIS, BRANDON S. ELLIS and EVAN W. ELLIS to inform them of the foreclosure action. Plaintiff attached with its letter a Waiver by Heir of Right to be Named as a Defendant. Plaintiff also requested information regarding the heirs of CLIFFORD W. ELLIS. Attached hereto, marked as Exhibit "D" is a true and correct copy of Plaintiffs letter. 9. By executed waiver(s), EVAN W. ELLIS and BRANDON S. ELLIS waived their right to be named as a defendant in the foreclosure action. Said waiver(s) are attached as Exhibit 10. On July 30, 2014, Plaintiff filed an Action in Mortgage Foreclosure. Attached hereto, marked as Exhibit "F" is a true and correct copy of the Complaint in Mortgage Foreclosure. 11. Plaintiff named as a defendant, the unknown heirs, successors, assigns, and all persons, firms or associations claiming right, title or interest from or under the decedent record 946044 owner in order to ensure that all possible parties with an interest in said property are notified of these proceedings and in order to ensure that good and marketable title to said property is conveyed by any future sheriffs auction. See Exhibit "F." 12. Because there may be parties with an interest in the mortgaged premises that are unknown, Plaintiff must effectuate service through Special Order of Court. 13. In compliance with Cumberland County Local Rule 208.3(a)(2), Plaintiff avers that No Judge has previously entered a ruling in this case. 14. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to the Defendants on September 12, 2014, and requested the Defendants' concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and postmarked certificate of mailing is attached hereto, made part hereof, and marked as Exhibit "G." WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint, and all future pleadings, by regular mail, by posting of the mortgaged premises, and by publication. Respectfully submitted, PHELAN HALLINAN, LLP By: Michael Dingerdissen, Esq., Id. No.317124 Attorney for Plaintiff 946044 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, NA vs. KYLE W. ELLIS, in his capacity as Heir of CLIFFORD W. ELLIS, Deceased ET AL. Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. CUMBERLAND COUNTY MEMORANDUM OF LAW According to Pa.R.Civ.P. 430(a), a plaintiff may petition the court to provide an alternative to personal service if the plaintiff cannot serve a party personally. The rule requires the affidavit presented in support of the motion for alternative service to state "the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why personal service cannot be made." Pa.R.Civ.P. 430 (a). The purpose of this procedure is to provide proof that a good faith effort has been made to effect service under normal methods. Only after such proof has been offered is the Court authorized to direct another method of substitute service. Deer Park Lumber, Inc. v. Major, 384 Pa.Super. 625,559 A.2d 941, 944 (1988), appeal denied, 525 Pa. 582, 575 A.2d 113 (1990). Plaintiff has attached a report to its Motion, which sets forth the nature and extent of the 946044 investigation that has been made to determine the whereabouts of the heirs and assigns and the reason that such service cannot be made. Attached hereto, marked as Exhibit "B" is a copy of the Affidavit of Good Faith Investigation. A deceased mortgagor need not be named as a party in a foreclosure action. Federal Land Bank of Baltimore v. King, 294 Pa.86, 143 A. 500 (1928). The personal representative, heir or devisee of a deceased mortgagor, if known, (unless released from liability) must be named as a defendant in a mortgage foreclosure action. Moyer v. Diehl, 130 Pa.Super. 115, 196 A. 575 (1938). In the instant action, Plaintiff has appropriately named the unknown heirs, successors, assigns and all persons, firms, and associations claiming right title or interest from or under the decedent mortgagor as a defendant in order to convey clear and marketable title after a foreclosure sheriff' s sale. Title companies customarily require foreclosing mortgagees to name the unknown parties in order to assure that any potential party with an interest in the mortgaged premises has an opportunity to defend the foreclosure. Finally, Plaintiff is seeking only to enforce an in rem judgment through the foreclosure of the mortgaged premises and is not pursuing a deficiency judgment in this action. WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant the requested relief. Date: PHELAN HALLINAN, LLP By: Michae4'Ding e'fdissen, Esq., Id. No.317124 Attorney for Plaintiff 946044 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, NA vs. KYLE W. ELLIS, in his capacity as Heir of CLIFFORD W. ELLIS, Deceased ET AL. Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. CUMBERLAND COUNTY CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the foregoing Plaintiff's Motion for Special Service was served by regular mail on Defendant(s) on the date listed below: KYLE W. ELLIS 9 S SPRING GARDEN ST CARLISLE, PA 17013-2551 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CLIFFORD W. ELLIS, DECEASED 18 HILL STREET MOUNT HOLLY SPRINGS, PA 17065-1307 Dated: q/2.M4 PHELAN HALLINAN, By: Michael Drfigerdissen, Esq., Id. No.317124 Attorney for Plaintiff 946044 Exhibit "A" Search: Terms: No. Full Name Public Records : Locate a Person (Nationwide) state(ALL) radius(30) 1. ELLIS, CLIFF E ELLIS, CLIFF ELLIS, CLIFFORD W ELLIS, CLIFFORD L ELLIS, CLIFFORD ELLIS, CLIFORD ELLIS, C ELLIS, L ELLIO, CLIFFORD (Gender: Male) ADeceased DOD: 12/12/2013) Page 1 Address/Phone SSN 18 HILL ST MOUNT HOLLY SPRINGS, PA 17065-1307 CUMBERLAND COUNTY 09/2010 -Current) ELLIS C (09/2010 -Current) ASSN associated with a Deceased Record LexI D (sm):000741903585 Exhibit "B" AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 946044 Attorney Firm: Phelan .Hallinan, LLP Subject: Clifford W. Ellis Current Address: Property Address: Mailing Address: (William G. Ellis Jr.) 3582 Miner Highway, Newville, PA 17241 18 Hill Street, Mount Holly Springs, PA 17065 (William G. Ellis Jr.) 3582 Rinner Highway, Newville, PA 17241 1. CREDIT INFORMATION A. SOCIAL SECURI'CY NUMBER Our search verified the following information to be true and correct Clifford W. Ellis - xxx-xx-6698 B. EMPLOYMENT SEARCH Clifford W. Ellis - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Clifford W. Ellis reside(s) at: 18 Hill Street, Mount Holly Springs, PA 17065. II. INQUIRY OF TELEPHONE COMPANY A, DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases, which indicated that Clifford W. Ellis resides) at: 18 Hill Street, Mount Holly Springs, PA 1.7065. On 05-29-14 our office made a telephone call to the subject's phone number (717) 486-7118 and received the following information: disconnected. III. OBITUARY SEARCH A. Attempted to find obituary via http://oa.newsbank.com. B. Found obituary published December 14, 2013 in the Sentinel, The (Carlisle, PA). See attached. IV. INQUIRY OF HEIRS AND NEIGHBORS On 05-29-14 our office was unable to locate any information for Kyle W. Ellis, relative of Clifford W. Ellis. On 05-29-14 our office was unable to locate any information for Brandon S. Ellis, relative of Clifford W. Ellis. On 05-2944 our office was unable to locate. any information for Felicia Eads, relative of Clifford W. Ellis. On 05-29-14 our office was unable to locate any information for Evan W. Ellis, relative of Clifford W. Ellis. On 05-29-14 our office was unable to locate any information for Theresa M. Landry, relative of Clifford W. Ellis. On 05-29-1.4 our office was unable to locate any information for Norman Landry, relative of Clifford W. Ellis. On 05-2944 our office was unable to locate any information for Randy Kane, relative of Clifford W. Ellis. On 05-29-14 our office was unable to locate any information for Vickie L. Starner, relative of Clifford W. Ellis. On 05-29-14 our office was unable to Iocate any information .for Jennifer Gibboney, relative of Clifford W. Ellis. On 05-29-14 our office was unable to locate any information for Ryleigh, relative of Clifford W. Elba On 05-29-14 our office was unable to locate any information for Eddie Longacre, relative of Clifford W. Ellis. 02105-29-14 our office was unable to locate any information for Jill McDonald, relative of Clifford W. Ellis. On 05-29-1.4 our office attempted to contact Lynne Ellis, potential relative of Clifford W. Ellis at: 3849 North Sarayo Circle, Harrisburg, PA 17110, but was unable to get any phone number for her. On 05-29-14 our office attempted to contact Trudy A. Neal, potential relative of Clifford W. Ellis at: 1027 Oakville Road, Newville, PA 17241, but was unable to get any phone number for her. On 05-29-14 our office attempted to contact Wm G. Ellis Jr., potential relative of Clifford W. Ellis at: 1105 South Spring Garden Street, Carlisle, PA 17015, but was unable to get any phone number for her/him. On 05-29-14 our office made several phone calls in an attempt to contact Cynthia L. Ludwig, relative of Clifford W. Ellis at (717) 776-3013, 3590 Ritner Highway, Apartment 0, Newville, PA 17241: answering machine. On 05-29-14 our office made several phone calls in an attempt to contact Billie Jo Kane, relative of Clifford W. Ellis at (717) 776-5187, 400 Greenspring Road, Newville, PA 17241: answering machine. On 05-29-14 our office made a phone call in an attempt to contact Alex Jason Ellis, potential relative of Clifford W. Ellis at (717) 243-6306, 6 Stine Avenue, Apartment 1, Carlisle, PA 17013: disconnected. On 05-29-14 our office made several phone calls in an attempt to contact Lisa G. Hurliman, potential relative of Clifford W. Ellis at (717) 938-0271, 317 Braddock Drive, Etters, PA 17319: answering machine. On 05-29-14 our office made a phone call in an attempt to contact William G. Ellis Jr, potential relative of Clifford W. Ellis at (717) 776-3133, 3582 Ritner Highway, Newville, PA 17291: Our office spoke with the William 0. Ellis Jr. who said that Clifford W. Ellis is the son of his and he reside(s) at 3582 Ritner Highway, Newville, PA 17241, On 05-29-14 our office made several phone calls in an attempt to contact Teresa A. Ellis, potential relative of Clifford W. Ellis at (717) 249-2835, 98 Schoolfield Drive, Carlisle, PA 17013: answering machine. On 05-29-14 our office made several phone calls in an attempt to contact Teresa A. Ellis, potential relative of Clifford W. Ellis at (717) 258-8311, 98 Schoolfield Drive, Carlisle, PA 17013: answering machine. On 05-29-19 our office made several phone calls in an attempt to contact Ronald Leidigh, neighbor of the subject at (717) 486-7481, 12 Hill Street, Mount Holly Springs, PA 17065: no answer. On 05-29-14 our office made several phone calls in an attempt to contact Linda A. Shank, neighbor of the subject at (717) 486-4139, 15 Hill Street, Mount Holly Springs, PA 17065: answering machine. On 05-29-14 our office made several phone calls in an attempt to contact Andrew G. Ott, neighbor of the subject at (717) 486-5140, 16 Hill Street, Mount Holly Springs, PA 17065: answering machine. V. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 05-29-14 we reviewed the National Address database and found the following information: Clifford W. Ellis - 18 Hill Street, Mount Holly Springs, PA 17065. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. VI. OTHER INQUIRIES A. DEATH RECORDS As of 05-29-14 Vital Records and all public databases have a death record on file for Clifford W, Ellis. VW ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Clifford W. Ellis - 1962 13, DATE OF DEATH Clifford W. Ellis - 12-12-2013 C. A.K.A. Gifford L. Ellis * Our accessible databases have been checked and cross-referenced for the above named individual(s). " Please be advised our database information indicates the subject resides at the current address. 1 hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unsworn „ falsin tiorito authorities. 11 At tanation is obtained from available public records and we are only liable for the cost of the affidavit. Exhibit "C" ObitsArchive.com: Document Display ObitsArchive.com Sentinel, The (Carlisle, PA) - December 14, 2013 Page 1 of] Deceased Name: Clifford W. Ellis Clifford W. Ellis, 50, of Mt. Holly Springs, died unexpectedly on Thursday, December 12, 2013, at Carlisle Regional Medical Center. He was born on Dec. 27, 1962, in Carlisle, the son of William G. Ellis (wife, Saundra) of Newville and the late Auzine V. (Harvey) Ellis. Cliff graduated from Boiling Springs High School in 1980 and has worked as an office manager for more than 15 years with Union Quarries, Inc., Carlisle. Cliff enjoyed working with computers and loved to cook. He will be deeply missed by his family and friends. In addition to his father and step -mother, he is survived by three sons; Kyle W. Ellis, Carlisle, Brandon S. Ellis (fiance, Felicia Eads), Carlisle and Evan W. Ellis of Harrisburg, three sisters; Cynthia L. Ludwig, Newville, Theresa M. (Norman) Landry, Mt. Holly Springs and Billie -Jo (Randy) Kane, Newville, his fiance, Vickie L. Starner, with whom he lived and her daughter and granddaughter; Jennifer Gibboney and Ryleigh, one step -brother, Eddie Longacre, Carlisle, one step -sister, Jill McDonald, New Bloomfield and several aunts, uncles, nieces, nephews and cousins. A memorial service will be held on Thursday, Dec. 19, 2013, at 5:00 p.m. in the Ewing Brothers Funeral Home, 630 S. Hanover St., Carlisle, with Pastor Mary Jane King officiating. A visitation will be from 4:00 p.m. until time of services. Burial will be private. Memorial contributions may be made to the American Heart Association, 1019 Mumma Rd., Wormleysburg, PA 17043. Please visit www.Since1853.com to send condolences. Sentinel, The (Carlisle, PA) Date: December 14, 2013 Record Number: 3fe68c4440a9258b3fdb51ceb864c21b5d4eedd Copyright © 2013 The Sentinel - cumberlink.com, 457 E North Street Carlisle, PA, AU rights reserved. http://www.obitsarchive.com/oa-search/ e Archives?p_action=print&p_docid.--14AB64FE... 5/29/2014 Exhibit "D" PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 320-0007, Ext. 1241 Fax: 215-563-3352 June 3, 2014 KYLE W. ELLIS, Heir of CLIFFORD W. ELLIS, Deceased 9 S SPRING GARDEN ST CARLISLE, PA 17013-2551 BRANDON S. ELLIS, Heir of CLIFFORD W. ELLIS, Deceased 803 FACTORY ST CARLISLE, PA 17013-1352 EVAN W. ELLIS, Heir of CLIPPORD W. ELLIS, Deceased 18 HILL STREET MOUNT HOLLY SPRINGS, PA 17065-1307 RE: CLIFFORD W. ELLIS; 18 HILL STREET, MOUNT HOLLY SPRINGS, PA 17065-1307; WELLS FARGO BANK, N.A.; PH # 946044 Dear Sir/Madam(s): Kindly be advised that the Law Offices of Phelan Hallinan, LLP represent WELLS FARGO BANK, NA, the holder of the mortgage against the above -referenced mortgaged premises. Our office has been retained to bring a foreclosure action. Our office has been informed of CLIFFORD W. ELLIS's unfortunate death. We are sorry for your loss. As a possible heir of CLIFFORD W. ELLIS, you may have a vested ownership interest in the mortgaged premises -upon his death under 20 Pa C.S.A. §301(b). As such, Pennsylvania law requires that you be a defendant solely in your capacity as heir in order to complete the foreclosure. Please be advised that:you are not personally Iiable for the debt, as you did not execute the mortgage or note. This letter serves to afford you an opportunity to waive your right to be named as a defendant in the foreclosure action. Please find attached a Waiver which I would appreciate your executing and returning to the undersigned within fourteen (14) days of the date.of this correspondence. This firm is a debt collector,, Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. If the Waiver is timely returned it will not be necessary to name'you as a defendant in the foreclosure action. If the Waiver is not timely returned and it is believed that you are an heir of the decedent, then our office may have no choice but to name you as a defendant in the action in order to divest any ownership interest you may have in the property. It is unclear if EVAN W. ELL,IS is a minor. Our office requests that you please contact us to confirm if he is a minor and if so, to provide the names and Contact information for his parent or legal guardian. Additionally, in the event EVAN W. ELLIS is a minor, it will be necessary for his parent or legal guardian to execute the waiver on his behalf I bave enclosed an extra waiver to account for this scenario. Our Office also requests that you please provide us with any additional heir information for CLIFFORD W. ELLIS, Deceased. Thank you for your cooperation in this regard. Please note that this waiver does not preclude you from attempting to sell the subject premises and recovering any possible equity in the mortgaged premises prior to the cotnpletion of the foreclosure action: We would encourage you to contact your own attorney in regard to, this matter. If you would like to request a payoff or reinstatement figure, please call (215) 563- 7000, and ask for the Foreclosure Resolution Department If you have any other questions regarding this letter, please contact a representative of our firm's Decedent Department at (215) 320-0007, Ext. 1241 Sincerely, Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Cc: This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, KYLE W. ELLIS, Heir of CLIFFORD W. ELLIS, Deceased, hereby acknowledge that I may have an ownership interest in the property located at 1.8 HILL STREET, MOUNT HOLLY SPRINGS, PA 17065-1307, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. 1141 et seq., which may be instituted by WELLS FARGO BANK, NA, involving said property, which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale of the mortgage premises. ....................... KYLE W. ELLIS, Heir of CLIFFORD W. ELLIS, Deceased WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, EVAN W. ELLIS, Heir of CLIFFORD W. ELLIS, Deceased, hereby acknowledge that I may have an ownership interest in the property located at 18 HILL STREET, MOUNT HOLLY SPRINGS, PA 17065-1307, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C..S.A. Section 30] (b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. 1141 et seq., which may be instituted by WELLS FARGO BANK, NA, involving said property, which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale of the mortgage premises. Date: EVAN W. ELLIS, Heir of CLIFFORD W. ELLIS, Deceased WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, EVAN W. ELLIS, Heir of CLIFFORD W. ELLIS, Deceased, hereby acknowledge that I may have an ownership interest in the property located at 18 HILL STREET, MOUNT HOLLY SPRINGS, PA 17065-1307, in accordance with Section 3Q1(b) iife the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. 1 do hereby waive my right to be, named as a defendant in a foreclosure action as provided by Pa.R.C.P. 1141 .erSeq,Which may be instituted by WELLS FARGO BANK, NA, involving mid property, which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale of the mortgage premises. Date; By • (print name) (sign name) Parent and/or Legal Guardian Of Evan W. Ellis, Heir Of Clifford W. Ellis, Deceased 546,A 113‘.4L ✓`PHELAN HALLINAN, LLP ''- 1617 JFK Boulevard, Suite 1400 1 One Penn Center Plaza P' ,A. June 3, 2014 KYLE W. ELLIS, Heir of CLIFFORD W. ELLIS, Deceased 9 S SPRING GARDEN ST CARLISLE, PA 17013-2551 BRANDON S. ELLIS, Heir of CLIFFORD W. ELLIS, Deceased 803 FACTORY ST CARLISLE, PA 17013-1352 215), 320-0007, Ext. 1241 x: EVAN W. ELLIS, Heir of ' t—u,; • CLIFFORD W. ELLIS., Deceased 18 HILL STREET MOUNT HOLLY SPRINGS, PA 17065-1307 )141 50,r l�. Oki) aticl -Orbctk RE: CLIFFORD W. ELLIS; 18 HILL STREET, MOUNT HOLLY SPRINGS, PA 17065-1307; WELLS FARGO BANK, N.A.; PH # 946044 Dear Sir/Madam(s): Kindly be advised that the Law Offices of Phelan Hallinan, LLP represent WELLS FARGO BANK, NA, the holder of the mortgage against the above -referenced mortgaged premises. Our office has been retained to bring a foreclosure action; Our office has been informed of CLII~1'ORD W. ELLIS's unfortunate death. We are sorry for your loss. As a possible heir of CLIFFORD W. ELLIS, you may have a vested ownership interest in the mortgaged premises upon his death under 20 Pa.C.S.A. §301(b). As such, Pennsylvania law requires that you be included as a defendant solely in your capacity as heir in order to complete the foreclosure. Please be advised that you are not personally liable for the debt, as you did not execute the mortgage or note. This letter serves to afford you an opportunity to waive your right to be named as a - defendant in the foreclosure action. Please find attached a Waiver which I would appreciate your executing and returning to the undersigned within fourteen (14) days of the date of this correspondence. * This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION , I, EVAN W. ELLIS, Heir of CLIFFORD W. ELLIS, Deceased, hereby acknowledge that I may have an ownership interest in the property located at 18 HILL STREET, MOUNT HOLLY SPRINGS, PA 17065-1307, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. 1141 et seq., which may be instituted by WELLS FARGO BANK, NA, involving said property, which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale of the mortgage premises. Date: (P \`' ` c() \ \.. By ....6�1Tfrta E. 1i,S (print n nYl1`5 ti (sign t�: Parent and/or Legal Guardian Of Evan W. Ellis, Heir Of.Clifford W. Ellis, Deceased WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, BRANDON S. ELLIS, Heir of CLIFFORD W. ELLIS, Deceased, hereby acknowledge that I may have an ownership interest in the property located at 18 HILL STREET, MOUNT HOLLY SPRINGS, PA 17065-1307, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. 1141 et seq., which may be instituted by WELLS FARGO BANK, NA, involving said property, which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff's .sale of the mortgage premises. Date: BRANDON S. ELLIS, Heir of CLIFFORD W. ELLIS, Deceased Exhibit "F" 1 1 PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 FILED -OFFICE OF THE ?ROTHONO TAR': 29 I4 JUL 30 A1111: 15 CUMBERLAND COUNTY PENNSYLVANIA ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff, vs. No.: -1 L 37 e I Term • KYLE W. ELLIS, in his capacity as Heir of CLIFFORD to be 'tCts %-_` ``v tile 9 S SPRING GARDEN ST CARLISLE, PA 17013-2551 W. ELLIS, Deceased UNKNOWN HEIRS, SUCCESSORS, ASSJgNS ANp, ALL PERSONS, FIRMS, OR ASSO,CL TTONS: ' •_; CLAIMING RIGHT, TITLE OR II'Ft$ E ST .M WE herebycerifYthatWithIn OR UNDER CLIFFORD W. ELLIS, DECEASED%r''_ .,731frficA copy 18 HILL STREET MOUNT HOLLY SPRINGS, PA 17065-1307 Defendants. CIVIL ACTION -. COMPLAINT IN MORTGAGE FORECLOSURE 062 -PA -V5 $ ET 0 N A E T 0 N CourKA*Continkn Pleas • Coal Cover Sheet CUM1311',PALAN a'.;1 County AA 0 For Prothonotary Use Only: Docket No: The information collected on this form is used solely for court administration purposes. This form does not supplement.or re lace'the and service of leadhr s or other ,alens. as re uired by law or rules o court. Commencement of Action: 0 Complaint 0 Writ of Summons 0 Petition D Transfer from Another Jurisdiction El Declaration of Taking Lead Plaintiffs NaMe: WELLS FARGO BANK, NA Lead Defendant's Name: KYLE W. ELLIS Are money damages requested? ID Yes El No Dollar Amount Requested: • within arbitration limits (Check one) i: outside arbitration limits Is this a Class Action Suit? ID Yes El No Is this an MDJ Appeal? D Yes 0 No Name of Plaintiff/Appellant's Attorney: Jonathan Lobb, Es_q.. Id. No.312174, Phelan Hallinan. LLP El 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) 0 Intentional 0 Malicious Prosecution 0 Motor Vehicle 0 Nuisance 0 Premises Liability o Product Liability (does not include mass tort) 0 Slander/Libel/ Defamation 0 Other: ASS TORT 0 Asbestos 0 Tobacco 0 Toxic Tort - DES 0 Toxic Tort - Implant 0 Toxic Waste 0 Other: PROFESSIONAL LIABILITY El Dental 0 Legal 0 Medical 0 Other Professional: Pa.R.C.P. 205.5 CONTRACT (do not include Judgments) 0 Buyer Plaintiff 0 Debt Collection: Credit Card 0 Debt Collection: Other 0 Employment Dispute: Discrimination 0 Employment Dispute: Other LI Other: REAL PROPERTY 0 Ejectment 0 Eminent Domain/Condemnation 0 Ground Rent 0 Landlord/Tenant Dispute Eg Mortgage Foreclosure: Residential 0 Mortgage Foreclosure: Commercial 0 Partition 0 Quiet Title 0 Other: CIVIL APPEALS Administrative Agencies 0 Board of Assessment 0 Board of Elections 0 Dept. of Transportation 0 Statutory Appeal: Other 0 Zoning Board 0 Other: MISCELLANEOUS 0 Common Law/Statutory Arbitration 0 Declaratory Judgment 0 Mandamus 0 Non -Domestic Relations Restraining Order 0 Quo Warranto 0 Replevin 0 Other: Updated 01/01/2011 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 #: 946044 PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff, vs. KYLE W. ELLIS, in his capacity as Heir of CLIFFORD W. ELLIS, Deceased 9 S SPRING GARDEN ST CARLISLE, PA 17013-2551 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CLIFFORD W. ELLIS, DECEASED 18 HILL STREET MOUNT HOLLY SPRINGS, PA 17065-1307 062 -PA -V5 Defendants. CIVIL DIVISION NO. CIVIL ACTION - COM LAINT ORTGAGK FORECLOSURE And now comes WELLS FARGO BANK, NA, by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is WELLS FARGO BANK, NA, 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). 2. The Defendant is, KYLE W. ELLIS, in his capacity as Heir of CLIFFORD W. ELLIS, Deceased, with a last known address of 9 S SPRING GARDEN ST, CARLISLE, PA 17013-2551. 3 The Defendant is, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CLIFFORD W. ELLIS, DECEASED, with a last known address of 18 HILL STREET, MOUNT HOLLY SPRINGS, PA 17065-1307. 4. In order to protect the borrower's privacy, certain personal information of the borrower (such as loan account, Social Security numbers and birth dates), may have been partially or completely redacted on the exhibits to this Complaint. 5. WELLS FARGO BANK, NA, directly or through an agent, has possession of the Promissory Note. WELLS FARGO BANK, NA is either the original payee of the Promissory Note or the Promissory Note has been duly indorsed. A copy of said Promissory Note is marked Exhibit "A", attached hereto and made a part hereof. 6. On or about January 20, 2011, CLIFFORD W. ELLIS made, executed and delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR CARDINAL FINANCIAL COMPANY, L.P. a Mortgage in the original principal amount of $151,070.00 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 Aof the Recorder of CUMBERLAND County on January 24, 2011, in Instrument No. 201102937. 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 062 -PA -V5 14. As of' 07/17/2014, the amount due and owing Plaintiff on the mortgage is as follows: Principal $ 144,383.89 Interest $ 4,872.79 From 11/01/2013 to 07/17/2014 Late Charges $ 266.04 • Escrow Advance $ 1,293.05 Property Inspections $ 0.00 Property Preservation $ 0.00 BPO/Appraisals $ 0.00 Escrow Balance $ 0.00 Corporate Advance Credit $ 0.00 Total $ 150,815.77 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. 15. 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). 16. This action does not come under Act 91 of 1983 because the mortgage is FHA - insured, 062 -PA -V5 •.; 17. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability in a bankruptcy proceeding, this action is in no way an attempt to re-establish such liability. WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $ 150,815.77 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: -7 062 -PA -V5 By: Attorney for Plaintiff Exhibi 66A,, JANUARY 20, 2011 Patel !curl NOTE WARMINSTER PENNSYLVANIA Motel 18 Hill Street, Mount Holly Springs, Pennsylvania 17065 (Ptib Address] 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means CARDINAL FINANCIAL COMPANY, L . P . d its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of ONE HUNDRED FIFTY-ONE THOUSAND SEVENTY AND 00/100 Dollars (U.S. $ 151, 070.00 ), plus interest, tolhe order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan p�toceeds try Lender, at the ratter FOUR AND 750/1000 pareent ( 4 . 750 %) per year unfit the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and calla! the "Security Instrument." The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Landes on the 1st day of each month beginning on MARCH 1, 2011 . Any principal and interest remaining on the lst day of FEBRUARY, 2041 , will be due on that date, which is called the "Maturity Date." (B) Place Payment shall be made at 444 JACKSONVILLE RD, WARMINSTER, PENNSYLVANIA 18974 , or at such other place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $ 788 . 05 This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other hems in the order described in the Security Instrument. (D) Allonge to this Note for Payment Adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a pari of this Note. MULTISTATE- FHA FIXED RATE NOTE USFHA.NTE 09/25/09 maul& Page 1 of 3 aromas doemagde.c inn "IIPJ189'1NE MQ TI 0 • • (Check applicable box.) ❑ Growing Equity Allonge ❑ Graduated Payment Allonge ❑ Other [specify): 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. if Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. 8. BORROWER'S FAiU1RE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security lrtstrtlment, as descr bed: in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payreatt is due; Lendrx may collect a late charge in the amount of FOUR AND 0 00/100 0 of the overdue amount of each payment. (B) Default Ifd3orrower defaults by failing to pay in MI any monthly payment, then. Leader may, except as limited by istiaiis of the Secretary in the case of payment defaults, require itmediate payment in fuU of the principal balance rranaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances, regulations issued by the Secretary will limit Lender's. rights to require immediate payment in full in the case of payment defaults, This Note docs not :authorireacceleration ; when not permitted by HUD reegulations, As used in this Note, "Secretary" means the Secretary of Rousing and. Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in MI, as described ebove., Lender mays qtriral tiyst+et tt►paycoats and expenses including reasonable and customary attorneys' fees for enforcing this Note: to the cutest not rttktlbiil . by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rake as the principal of this Note. 7. WAIVERS Borrower 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 Lender to demand payment of amounts due. "Notice of Dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a differ enwt method, any notice that must be given to Borrower under this Note will be given by 'delivering it or by mailing it by first class mail to Borrower at the Property Address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by delivering k or by mailing it by first class mail to Lender at the address stated in Paragraph 4(0) or at a different address if Borrower is given a notice of that different address. 4.000 %) 9. 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 MULTISTATE FHA AXED RATE NOTE USFHA.WTE 09/25/09 Page 2 of 3 fvww. By • • • thus Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. (Seal) -Borrower -Borrower -Borrower {Baal} (Seal) 'Borrower -Borrower WITHOUT RECOURSE. PAY TO THE ORDER OF E FARGO KK. N.A. Scott M. Swanson'. Assistant Vice President — WITHOUT RECOURSE PAY TO THE ORDER OF Wells Fargo Bank, NA CARDINAL Fl CIAL C ®';' PANY, LP. BY: COLLEEN S. MARX.. ASS' ', VOCE PRESIDENT (Sign Original On vJ MULTISTATE- FHA FIXED RATE NOTE USFHA.NTE 09/25/09 Page 301 3 DOCIdapIC WPa�ti88lti3 800449-1362 et N., • \ !••• LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground, situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described as follows, to wit: ON the South by Hill Street; on the West by a street named Hollinger Street, extending from said Hill Street to Pine Street; on the North by an alley; and on the East by land now or formerly of John Zug. CONTATINING Forty (40) feet in front on said Hill Street, and extending back in depth at an even distance of 153 feet to said alley. PROPERTY ADDRESS: 18 HILL STREET, MOUNT HOLLY SPRINGS, PA 17065-1307 PARCEL #23-32-2336-352. File 4; 946044 Exhibit "C" WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, EVAN W. ELLIS, Heir of CLIFFORD W. ELLIS, Deceased, hereby acknowledge that I may have an ownership interest in the property located at 18 HILL STREET, MOUNT HOLLY SPRINGS, PA 17065-1307, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. 1141 et seq., which may' be instituted by WELLS FARGO BANK, NA, involving said property, which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoffthe underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale Of the mortgage premises. By (print ainO) 1 (sign Parent and/or Legal Guardian Of Evan W. Ellis, Heir Of,Clifford W. Ellis, Deceased. 04444 cbeJoA,Ds WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, BRANDON S. ELLIS, Heir of CLII-PORD W. ELLIS, Deceased, hereby acknowledge that I may have an ownership interest in the property located at 18 HILL STREET, MOUNT HOLLY SPRINGS, PA 17065-1307, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code {20 Pa C.S.A. Section 301(b)}. I do hereby waive my right to benarned as a defendant in a foreclosure action as provided by Pa.R.C.P. 1141 et seq., wind:may-be instituted by WELLS FARGO BANK, NA, involving said property, which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale of the mortgage premises. BRANDON S. ELLIS, Heir of CLII-}ORD W. ELLIS, Deceased VERIFICATION KerriAnn M. Barao, hereby states that h: is Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff in this matter, that lie authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his e information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: KerriAnn M. Barao Title: Vice President Loan Documentation Company: Wells Fargo Bank, N.A. Date: 07/18/2014 086 -PA -V2 File # 946044 Exhibit "G" Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-76I6 September 12, 2014 KYLE W. ELLIS 9 S SPRING GARDEN ST CARLISLE, PA 17013-2551 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CLIFFORD W. ELLIS, DECEASED 18 HILL STREET MOUNT HOLLY SPRINGS, PA 17065-1307 RE: WELLS FARGO BANK, NA vs. CLIFFORD W. ELLIS ET AL. Civil Docket No. Dear Defendant: Enclosed please find a copy of my proposed Motion for Special Service of the Complaint and all future pleadings and Order. In accordance with CUMBERLAND County Local Rule 208.3(9) 1 am seekir g your ` conctirrence with the requested relief. Please respond to me within one week, by Should you have any further questions or concerns, please feel free to contact me. Otherwise, please be guided accordingly. Sincerely, Michael Dittgerdiss n, Esq., Id. No.317124 Attorney for Plaintiff PH # 946044/MJG Name Phclan Hallinan, LLP and 1617 WIC Boulevard, Suite Address 1400 Of One Penn Ccntcr Plaza Sender Philadelphia, PA 19103 Line 1 Article Number •411 NRU/i3S4 Name of Addressee, Street, and Post Office Add KYLE W. ELLIS 9 S SPRING GARDEN ST CARLISLE, PA 17013-2551 t c Cet • t .i' ens 50.48 2 Unknown Heirs, Successors, Assigns, and An Persons, Firms, or Associations Claiming Right, Title or Interest From or Under Clifford W. Ellis, Deceased 18 HILL STREET MOUNT HOLLY SPRINGS. PA 17065-1307 50.48 RE: KYLE W. ELLIS (CUMBERLAND) TEAM 4 PH # 946044/1021 Page 1 of S0.96 Total Plumber or Meets lived by Sender Taal !quanta et Pieces Received at Pan Office Posinvater, Per Mame of Receiving Employee) The f lldapamrnr or value ,a required m all domcaric and international reriatertd omit, The nnaittum hakmoiey mai* fat the ragnstmcthaf or nonnetntlebk ,k vmcm valor E press Mall ti0eurnete terremnrtettan. Wu/UMW L. SSiho00 pee pkee «ej' t Ma Boat of $300,000 pie, oceneenee. The msai,mem indemnity payable en EEpms Mall merchandise iv SMO, The nueine m indemnity payable b $33.0130 tor registered roil, tete With e001%1 kvvan:e Set Domestic Mail Manual R900 5913 and 5931 for limitetiran veer ventre. Form 3877 Facsimile PH # 946044/MJG IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, NA vs. COURT OF COMMON PLEAS CIVIL DIVISION NO. 14-4437 KYLE W. ELLIS, in his capacity as Heir of CLIFFORD W. ELLIS, Deceased CUMBERLAND COUNTY ET AL. AND NOW, this ORDER day of ire(k4-44,- , 2014, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of court, it is hereby; ORDERED that Plaintiff may obtain service of the Complaint and of the Notice of Sheriff's Sale as authorized by Pa.RCP. 3129.2 (c)(1)(i)(C), on the Defendant, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CLIFFORD W. ELLIS, DECEASED, by publication of the Complaint in accordance with Pa.R.C.P. 430(b)(1); by First Class mail at the mortgaged premises located at 18 HILL STREET, MOUNT HOLLY SPRINGS, PA 17065-1307, and by posting of the mortgaged premises at 18 HILL STREET, MOUNT HOLLY SPRINGS, PA 17065-1307 by the Sheriff or by a non-party competent adult. Service by mail is complete upon the date of mailing. PH # 946044/MJG 1 It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to assure compliance with this court order. Pive kA / trio eoh ma, led q lat,by PH # 946044/MJG PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id, No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathanlobb@phelanhallinan.coin 215-563-7000 WELLS FARGO BANK, NA Plaintiff vs. FILLO-OFFICL-, OF THE PROTHONOTARY 2014 OCT -9 AM 10: 58 CUMBERLAND COUNTY PENNSYLVANIA : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY KYLE W. ELLIS, in his capacity as Heir of : CLIFFORD W. ELLIS, Deceased UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR : ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CLIFFORD W. ELLIS, DECEASED Defendants No. 14-4437 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. By: Date: to /sdk, Svc Dept. File# 946044 PHELAN HALL LLP j°"/ ' n Lobb, Esq., Id. No.312174 Attorney for Plaintiff pct_4 t4 tifoh 3�1J� 3 Phelan Hallinan, LLP Kenya Bates, Esq., Id. No.203664 kenya.bates@phelanhallinan.com 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, NA Plaintiff vs. ATTORNEYS FOR PLAINTIFF KYLE W. ELLIS, in his capacity as Heir of CLIFFORD : W. ELLIS, Deceased UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CLIFFORD W. ELLIS, DECEASED Defendant(s) . - c:::,r.:-.' ,- c-1 , --?.....:-. :. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 14-4437 AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular mail to the following persons, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CLIFFORD W. ELLIS, DECEASED at 18 HILL STREET, MOUNT HOLLY SPRINGS, PA 17065-1307 on October 16, 2014, in accordance with the Order of Court dated September 26, 2014. The PH # 946044 undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: Phelan Hallinan, LLP enya Ba , Esq., Id. No.203664 Attorney for Plaintiff Phelan Hallinan, LLP AFFIDAVIT OF SERVICE BY. POSTING WELLS FARGO BANK, NA Plaintiff v. KYLE W. ELLIS, in his capacity as Heir of CLIFFORD W. ELLIS, Deceased UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CLIFFORD W. ELLIS, DECEASED Defendant Court of Common Pleas Civil Division CUMBERLAND County No. 14-4437 Service Instructions: PLEASE POST BY: 11/08/2014 Serve UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CLIFFORD W. ELLIS, DECEASED at 18 HILL STREET, MOUNT HOLLY SPRINGS, PA 17065-1307 by posting the property in accordance with the court Order. Served Posted and made known to UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS cLAIMING T RI�I , TI`�'LE OR INTERESTROM OR UNDER CLIFFJqRD W. ELLIS, DECEASED, Defendant on the aa N day of 20 Ii at I :.57 o'clock, M., at 18 HILL STREET, MOUNT HOLLY SPRINGS, PA 17065-1307, in the manner described below: )(Property Posted Other: Property was not pos eca se 1_ -- r � c1'o- I, ce-- r , a comp ent adult, being duly sworn according to law, depose and state that I personally posted a true and correct copy of the Complaint in Mortgage Foreclosure issued in the captioned case on the date and the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: PH # 946044 /t 19-,9/1 }-ifLLD-(JF ED -OFFICE CF THE IRO THONOT ,RY 21.114 t 0V -6 AN (Q: 03 Phelan Hallinan, LLP [,�jp. PENNL S YiBER ATt Gi. NEYS FOR PLAINTIFF PETER WAPNER, Esq., Id. No.31826 IV�NIAhP 1 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, NA Plaintiff vs. KYLE W. ELLIS, in his capacity as Heir of CLIFFORD W. ELLIS, Deceased UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM. OR UNDER CLIFFORD W. ELLIS, DECEASED Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 14-4437 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 in accordance with the Court Order dated September 26, 2014 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in The Sentinel on October 23, 2014 and Cumberland Law Journal on October 24. 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: November 3, 2014 PH # 946044 SDK Phelan Hallinan, LLP PhelatfHallinan, LLP PETER WAPNER, Esq., Id. No.318263 Attorney for Plaintiff qt Ca -4 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Cathy Clark, Advertising Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 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 was printed and published in the regular editions and issues of October 23, 2014. COPY OF NOTICE OF PUBLICATION NOTICE OF ACTION IN MORTGAGE FORECLOSURE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WELLS FARGO BANK, NA Plaintiff vs. KYLE W. ELLIS, in his capacity as Heir of CLIFFORD W. ELLIS, Deceased ; UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR E ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CLIFFORD W. ELLIS, DECEASED Defendants NOTICE COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 14-4437 1 `^r deposes that he/she is not subject matter of the or advertisement, and that the foregoing statement as d character of publication To UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CLIFFORD W. ELLIS, DECEASED You are hereby,notified that on July 30, 2014, Plaintiff, WELLS FARGO BANK, NA, filed a Mortgage Foreclosure • f Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of CUMBERLAND County 1 Pennsylvania, docketed to No. 14-4437. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 18 HILL STREET, MOUNT HOLLY SPRINGS, PA 17065-1307 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 personally or by attorney and file your defenses 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 NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO'TO OR Nota y Public ABOU TELEPTHIRIHONE TNG A OFFICELAWYER. SET FORTH BELO . THIS OFFICE CAN PROVIDE YOU WITH INFORMATION HE IIF 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. scribed before me this CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717)249-3166 (800) 990-9108 pires: WEALTH OF PENNSYLVANIA Notarial Seal Bethany M. Holtry, Notary Public Carlisle Boro, Cumberland County My Commission Expires Sept. 26, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA • COUNTY OF CUMBERLAND ss. 614604f -t 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 October 24, 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. Lisa Marie Coyne j Editor SWORN TO AND SUBSCRIBED before me this 24 day of October, 2014 COMMONWEALTH OF PENNSYLVANIA i 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. 14-4437 WELLS FARGO BANK, NA Plaintiff vs. KYLE W. ELLIS, in his capacity as Heir of CLIFFORD W. ELLIS, Deceased, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CLIFFORD W. ELLIS, DECEASED Defendants NOTICE To: UNKNOWN HEIRS, SUCCES- SORS, ASSIGNS AND ALL PER- SONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CLIFFORD W. ELLIS, DECEASED You are hereby notified that on July 30, 2014, Plaintiff, WELLS FARGO BANK, NA, filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of CUM- BERLAND County, Pennsylvania, docketed to No. 14-4437. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 18 HILL STREET, MOUNT HOLLY SPRINGS, PA 17065-1307 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. 5 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 Oct. 24 9Roogy « C ; ; 0 , iu• ,73E I) COLII TY ¥L'NI1 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, NA COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION vs. NO. 14-4437 KYLE W. ELLIS, in his capacity as Heir of CLIFFORD W. ELLIS, Deceased CUMBERLAND COUNTY UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CLIFFORD W. ELLIS, DECEASED Defendant PRAECIPE TO RELEASE PARTY DEFENDANT AND CORRECT CAPTION AND AFFIDAVIT OF RELEASE OF LIABILITY PURSUANT TO Pa. R.C.P. RULE 1144(b) Plaintiff, WELLS FARGO BANK, N.A. by and through its counsel, Phelan Hallinan LLP, hereby releases KYLE W. ELLIS, in his capacity as Heir of CLIFFORD W. ELLIS, Deceased, as a Party Defendant in the within foreclosure action in accordance with Pa. R.C.P., Rule 1144(b), as KYLE W. ELLIS has executed a Waiver by Heir of Right to be Named as Defendant in the Foreclosure Action. Said Waiver is attached hereto and marked as Exhibit "A". 820611 pon 3/gsw Because KYLE W. ELLIS is released as a Party Defendant, please remove him from the case caption accordingly. Dated: 820611 I tO fi By: PHELAN HALLINAN, LLP Jonath obb, Esq., Id. No. 312174 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, NA Plaintiff, vs. KYLE W. ELLIS, in his capacity as Heir of CLIFFORD W. ELLIS, Deceased UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIA l'IONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CLIFFORD W. ELLIS, DECEASED Defendant COURT OF COMMON PLEAS CIVIL DIVISION NO. 14-4437 CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to Correct Case Caption and Release defendant KYLE W. ELLIS was sent via first class mail to the following on the date listed below: KYLE W. ELLIS, in his capacity as Heir of CLIFFORD W. ELLIS, Deceased 9 S SPRING GARDEN ST CARLISLE, PA 17013-2551 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CLIFFORD W. ELLIS, DECEASED 18 HILL STREET MOUNT HOLLY SPRINGS, PA 17065-1307 Dated: 820611 By: PHELAN 1 LLINAN, LP Jonat • obb, Esq., Id. No. 312174 Attorney for Plaintiff EXHIBIT ‘A" WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, KYLE W. ELLIS, Heir of CLIFFORD W. ELLIS, Deceased, hereby acknowledge that I may have an ownership interest in the property located at 18 HILL STREET, MOUNT HOLLY SPRINGS, PA 17065-1307, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code {20 Pa C.S.A. Section 301(b)]. I do hereby waive my right .tobe named as a defendant in a foreclosure action as provided by Pa.R.C.P. 1141 et seq., which may be instituted by WELLS FARGO BANK, NA, involving said property, which property 'was owned by the decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale of the mortgage premises. Date: 9 -16 -/LI KYLIE W. ELLIS, Heir of CLIFFORD W. ELLIS, Deceased