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HomeMy WebLinkAbout14-6505S E C T I 0 N A S E C T I 0 N B Supreme Court of Pennsylvania Cour Of Common Pleas txiviltCovef Sheet cuM'BilitliAlWk County For Prothonotary Use Only: Petition Declaration of Taking Docket No: 1 q 1 ,s,,s - I The information collected on this form is used solely for court administration purposes. This form does not supplement or revlace the fclin and service ofvleadin2s or other pavers as required by law or rules of court. Commencement of Action: El Complaint 0 Writ of Summons 0 Petition Declaration of Taking 0 Transfer from Another Jurisdiction • Lead Plaintiff's Name: WELLS FARGO BANK, NA Lead Defendant's Name: LAURA A. JOHNSON Dollar Amount Requested: ❑ within arbitration limits Are money damages requested? ■Yes ©No (Check one) © outside arbitration limits Is this an MDJ Appeal? ❑ Yes 0 No Is this a Class Action Suit? • Yes © No Name of Plaintiff/Appellant's Attorney: Kenya Bates, Esq., Id. No.203664, 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) ❑ Intentional ❑ Malicious Prosecution ❑ Motor Vehicle ❑ Nuisance ❑ Premises Liability ❑ Product Liability (does not include mass tort) ❑ Slander/Libel/ Defamation 0 Other: MASS TORT 0 Asbestos ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant 0 Toxic Waste ❑ Other: PROFESSIONAL LIABILITY 0 Dental ❑ Legal 0 Medical ❑ Other Professional: Pa.R.C.P. 205.5 CONTRACT (do not include Judgments) ❑ Buyer Plaintiff 0 Debt Collection: Credit Card 0 Debt Collection: Other ❑ Employment Dispute: Discrimination ❑ Employment Dispute: Other 0 Other: REAL PROPERTY ❑ Ejectment ❑ Eminent Domain/Condemnation ❑ Ground Rent ❑ Landlord/Tenant Dispute Mortgage Foreclosure: Residential ❑ Mortgage Foreclosure: Commercial ❑ Partition ❑ Quiet Title ❑ Other: CIVIL APPEALS Administrative Agencies ❑ Board of Assessment 0 Board of Elections ❑ Dept. of Transportation 0 Statutory Appeal: Other ❑ Zoning Board ❑ Other: MISCELLANEOUS ❑ Common Law/Statutory Arbitration ❑ Declaratory Judgment ❑ Mandamus ❑ Non -Domestic Relations Restraining Order ❑ Quo Warranto ❑ Replevin ❑ 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 946549 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 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. LAURA A. JOHNSON, in her capacity as Administratrix and Heir of the Estate of CHRISTOPHER M. JOHNSON A/K/A CHRISTOPHER JOHNSON 440 BOGGS AVENUE PITTSBURGH, PA 15211 ERIC C. JOHNSON, in his capacity as Heir of the Estate of CHRISTOPHER M. JOHNSON A/K/A CHRISTOPHER JOHNSON 100 ELY DR SHIPPENSBURG, PA 17257-8818 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHRISTOPHER M. JOHNSON A/K/A CHRISTOPHER JOHNSON, DECEASED 2018 MILLTOWN ROAD 062 -PA -VS CIVIL DIVISION No P1-- ��s CAMP HILL, PA 17011-7433 Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes WELLS FARGO BANK, NA, by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is WELLS FARGO BANK, NA, 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). 2. The Defendant is, LAURA A. JOHNSON, in her capacity as Administratrix and Heir of the Estate of CHRISTOPHER M. JOHNSON A/K/A CHRISTOPHER JOHNSON, with a last known address of 440 BOGGS AVENUE, PITTSBURGH, PA 15211. 3. The Defendant is, ERIC C. JOHNSON, in his capacity as Heir of the Estate of CHRISTOPHER M. JOHNSON A/K/A CHRISTOPHER JOHNSON, with a last known address of 100 ELY DR, SHIPPENSBURG, PA 17257-8818. 4. The Defendant is, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHRISTOPHER M. JOHNSON A/K/A CHRISTOPHER JOHNSON, DECEASED, with a last known address of 2018 MILLTOWN ROAD, CAMP HILL, PA 17011- 7433. 5. 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. 6. 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 062 -PA -V5 Exhibit "A", attached hereto and made a part hereof 7. On or about May 10, 2013, CHRISTOPHER JOHNSON made, executed and delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR MORTGAGE SERVICES III, LLC. a Mortgage in the original principal amount of $165,670.00 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 May 20, 2013, in Instrument No. 201316399. 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. 8. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded February 4, 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. 201402463. 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. 9. Mortgagor CHRISTOPHER M. JOHNSON A/K/A CHRISTOPHER JOHNSON died on 07/25/2013, and LAURA A. JOHNSON was appointed Administrator/trix of his estate. Letters of Administration were granted to her on 11/21/2013 by the Register of Wills of CUMBERLAND COUNTY, No. 21-13-1245. The Decedent's surviving heirs at law and next- of-kin are LAURA A. JOHNSON and ERIC C. JOHNSON. 10. 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 -V5 11. As of 10/31/2014, the amount due and owing Plaintiff on the mortgage is as follows: Principal $ 163,798.29 Interest From 11/01/2013 to 10/31/2014 $ 5,317.36 Late Charges $ 115.68 Escrow Advance $ 1,710.73 Property Inspections $ 0.00 Property Preservations $ 0.00 BPO/Appraisals $ 0.00 Escrow Balance $ 0.00 Corporate Advance Credit $ 0.00 Total $ 170,942.06 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. 12. 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). 13. Plaintiff does not hold the named Defendants, LAURA A. JOHNSON and ERIC C. JOHNSON, personally liable on this cause of action. This action is being brought to foreclose the interest of the said Defendants in the aforesaid real estate only, and the Defendants have been named in accordance with the requirements of Pa R.C.P. 1144(a)(2) and 20 Pa.C.S.A. § 301(b). 062 -PA -V5 14. 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 $170,942.06, 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/V 062 -PA -V5 By: enya Dates, Esq., Id. No.203664 Attorney for Plaintiff Exhibit "A" NOTE NOTICE:. THIS LOAN IS NOT ASSUMABLE WITIIOUT 'THE APPROVAL .0F TEE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT, HAY 10, 2013 [bate] CAMP HILL [City] 2018 MIL OWN ROAD; CAMP .HILI, PA 17011 [Property Add] ENNOILVAN A [Slate] I. TO PAY In .return for n. loan that I hai,e reeciireC1.1 promise to pay OS. S15 670 amount is called "prineipal"), plus interest, to the order of theLender. The Lender IS MORTGAGE -SERVICES III LLC I Will ake all :payments under this NOte :in the. ftirm Of' cash, 'Check -Or inoticy Order: lunderst:ind thatlhe Lender in ty transrerthis:Nbte. The-Lendct anyone,iitlio'UikeS this Nene by transfer and who iS'erititle'd to reeeive'payentS under flik Note is called the "Note 'Abider." 2.. INTEREST interest will be charged On tiriPaid Principal Until- the lnitonitt lor:PrifielpalbtiS.bcen Paid. 1., will' pay interest ala yearly 'rate of Thi rate reqiii:e4h:Sr.thjWSectiOn 2 is the.:r will pay both before. and. tiller any dellittlti'deScfibed Section .6(H), th 'Note, 3.'PAYMENTS (A) Time and :Place.of PaYinektS I Will paY Principal iind.ititer6.t.by.ititi.lcing a:paYrnerit .e.Yery tfeontFi,. I Will: in iki. my monthly puyfnc,o.pii the • first : ettelyiiionth-be.giprihig.dit JULY 1 2,013, I Will iniike:theSep;vitientS C:Very 'month until paid allpf 'the. principal and interest tad any Othercharges:deeethed below that I may .ove tinder this Note Eticli hlpilthlypiiythebt'Avillbd.applidd as of its.schedided•due.date.and:.will he..applied.to iiitereSt before Pntteipal, If; on3UNE 1 243 I still ove arrloants.niider'this Nore, I will pay:Those ainourits in full oi flu date,:Whiebis.eal led the ":Matilir4. pate." I will iniike iny.erionthly.payinentS':at 502 NORTH HERSHEY RT)•: .BLOOMINGION, IL 61704 Or in'a 'di iferent phiee ilrepiredrby'thc.Note Holder, . . . . (13) Animmtbf•Mtinthly Pa•yrnentS' .MyinOnthly particnt ‘villbc.in die antoLint:of. 4.: BORROWER'S RIGHT TO 'PREPAY I have to.iks .0411101s, of !lone:before they arc ue. .A.PaYinencef.Prineipal.Only is.knoWii AS. t " PrepitYinetit." When:I ni Lk&. t Picp iynlcnt 1 Will lel! tht; Note HOldet,..tit Writingthat I am doingso I UETISTATE FIXED RATE NOTE--$illigle ily—Fanni lai/FrOddic Mgt UNIFORM INSTRUMENT ea) 5S:. II Page I pi .3 Fuiin 3200 1/01 Modified for VA may:not degignate it-PaYinentasa Vt.e.payinein iflhaVenOt idc.iiU the:Monthly payments due tinder tl*NOte. 1 May Make a fall Prepayment -or rittlitil Prepayments without paying a Prepayment charge The Note Holder will use my Propitythents to redact the mount of Principal that:lOWc. under this Note. PoWever,.th.e.Note Holder thily apply my PrepOreht:tti the tteerucd :and Unpaid i oterritt on the Prepayment .arnOUnt, before applyihg, My Prepilyinent tOrednre the Prineinaltinnitint Of the Note.. II I ni ike a partial Prepayment there Wil1 be no changes in the dOe,Ow.orin theainOtirit‘Of iny ritonthlyptiymentiniless the Note HOlder:agrelcS: iii Writing to those change. 5. L.OAN-CHMICES If a law; which applies lc:this loan and which getsMaxiiiitim lOtut.chafges,.iS finally interpreted so :that the interest or -other loan charges collected or tobe collected in..connection :with...this loan exceed the .permitted limits,. then:, (a) any such loan charge shall be:reduced by the amount necessary to reduce the charge to the perinittedlithif; and ,(b) any sum -8 .alteady collected from :me which:exceeded :permitted limits will be rcfunded toinc. The Noic Holder may choose: to intke this refund by reducing the Principal I owc-under zthis-Note or by making a.direct pyrnent145. me. -If-a refund reduces Principal, the reduction. will be treated .as -a .partial Prepaymeht. BQKROWEAT$T A n,t)RV TO .PAY AS: Rfq.IJIRE . . Late Char t OvOdtie- Pityliiehtk If the Note kolderhas not -received the full arnountof any'monthly payment by the end ofit,calendardays- ... . . . after.thedateit due; I. will payin late Charge to the Note Holder, The amountof-thechatge will be 4 OD% of my overdue payment. 1 will pay-thislateeharge promptlybut only once on each late -payment (0) -tiefault If t do not pay the. full:amount ()reach monthly payment.on the date it isduc, lw111 be-iti;defaUll. (C)-No.66. of Default 1:11 •a111 in default,..the Nole. Huldi.i ni ty end Ui. i writkn notice teihOb inc that if 1-ilo nOt.pay.theOVerdite arnount hY,.a Certain ditte,.the Note HOldee. may ohyitiiniediiitely the full. amount of Princi01.which has not.been paid and allthc interest-thatlowe on that amount.: That date must be at leak :30,:dayS afterthedateson :whichthe notice: is mai led ..to. me ordelivered by othernicans. (0) -No WaKeir By Note. Holder Even it 'arhtittic•:\Oteil I ;Oil in tlofotitt, tlic Note Holder 000 bo.rrNttitO me to pay immediately in full as Idescribed above, theNote Holder vi1lstil1 have ihCriht to do s5ifi ankin •defanIt at; 4 Wet Tittle., . . . . . . .(E). Payment of Note Holder's Costs and Expenses ti the. Note 'Holder has required me to pay :immediately in full.as described :above, the:Note:Polder will have The fight be pad .back by 'me fbt all ofits. costs and expensesin. enforan.gihis Note to the extent not prohibited:by -apPlitable law. Those expense&include, :for example, reasonable attorneys' fees. 7. GIVING OF' NOTICES. applicable I w requires i differeittinelliOd,iMy:TiOtice thlitinugt be give,h,to me tinder this Note will be given by :delivering it Or by Mailing it byfirst class mail10 me 'it the Property Address above or at a different address if 1give. the Note .Holder'n hotice.:af 'hist different addicsg. Any .notice that mit .hcgiven to Note 'I:IA:J40o 'Linder. this, Note will betiven'by;t.letivefitlg it or by mailing it by t'itSt.akSS.Ottal to the•NOte 1-101ileT:at thi. address Stated m SretiOri:a(A) above Or at a different address if 1:ailt.giVen.11 notice -Of that different addreSS,. •8. OlitiGATiONS OF'tittSO NS UNDERTHIS NOTE If more than one person sips this Note, each person is fully and personally obligated to keep all of the promises .made in this Note, including theprontise to pay the full amount owed. Any person Who isa guarantor, 'NJ FMTISTATE FIXED RATE NOTE—Singfc Varntily—Fotinie 4i4e/Freildino: UNIFORM INSTRUMENT 40? 58.11 (jay: 2 or Yorm'.1100 1/61 Modifjectrpr Stirety-Or endorSer of this- Note is alSo..Obligated to do these things...-Any..perSon VhOtakes oVerthesc. ionsi. including the.'obligatiOns- of a ,gnarantor,.,surety 01 endorser of this :Note, .is.algo Obitrigtod to keep.A11:of:tk promises. ni tdc in this Note. The Nene Holder 'may enforce. its rights under thiS-Noteitgaiii$1 each person indiVidually or against all of Us tothr This n-icans that any one of 'us May be'reqUired.16 pay all •of the amounts owed 'Under this Note. 9, WAIVERS 1 and any ()tiler person who: has Obligations under this Note waivothe:rights: of Presentment and Notice -Of Dishonor. "Presentment" meansthe right -to require the.N.ote frolder todemand.payincitt.Of amounts.due. 'Notice of• Dishonor" means the :right to..require- the Note Holder togive notice ter.other persons that amounts due hay.e..not been. paid, ;. 10. tlIsli FORM SECAARE1) NOTE This NOW is A uniform instrument with limited variations in:.sonte. jurisdictions. In addition to the ... protections given to the Note :Holder under thiS:NOte, AMortgage, Deed of Trust or Security Deed (the "Security . .. Instrninent"), dated the same -date as this Note., protects the Note Holder from :possible losses which Might result if I do not -keep- the ;prOmiscs.*hieh 1 Make in this Note.! That Security IriStrinne.nt -deSerili!ei: 'hi)* and under what eonditionS I may be required to !Mike inimecliate payment:in-1101 Of all .aniOttnts I owe tinder thi•Note. 'Sonic of tie -COndit ions are :described us T011o*S: all or any part a the ptive4 or any Interest in the Property is..sold or transferred if Borrower .i .not a natural person and a beneficial inta681 :in :Borrower is. Sold Cor tfarsferied) withouttender's.Pri or written consent,.Lender inay require immediate payment in full Of all sums .seCifired bY:thiS.Se.C.iiritYlitStruinent..HOwever, thiS optioh. Shall..not he exereised-by Lender if stiCh exercise iS.Proltibited bY Applicable. La*. . . . x:0cis'es this .optisoh,.'Lehder•shall gie.OrroW.ertioliee-of!ateeleratioh. Tit .ridtiee Shalt -151ro:vidc, Averibd fht l.CSi Ahab .3.0 .dAys -frPhi the date the notiee. given in ..aecordanee With Section 15 *Alan *hid 136.irdwer..mtiSt PaY all. sums secured. by this. Security InStrUmeitt.. If Borrower fairs to.:Pay these sums prior to..the...-expitatioh of thiS:S.perio.0.,.Lender May inVOke..iinY..reinedieSinerinitted by this ccui ity lifstruhtilt without furthu nonc. or Atiiiithit on Borrower NES 1-1 I-IAND(S) AND: OF THE UND RSI Nei). cs- It, 1 s JOHNSON - DATE - ORRO 74) Pi3C1c0::31.1 " /Sign, Origin41 0141 Wini00 REMUJIStir*- r, PAY TO TH R1J 3P Yulaop WELLS FARGOIBANK NX. ORTGAGE SERVICES III. LLC Cheryl Dra9h,vwfo,At teanileir •,• .NII1I,TISTATE FIXED RATE NtyrF.--Singiv I amily FannieNtae/freddie Mac uNIFOR:,.s1 INSTRO1ENT 4E) 58:11 :Page :3 of .3 *Form 3200 'Ital t%iodiged ror VA •WM4OUT RECOURSE PAY TO THE ORDER OF WELLS F BY SAMUEL C.. SHE14.EY, SENIOR PRESIDENT 0120 llu(ftsm purr) qv ,r1:3;s1C1 110 Exhibit "B" LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground, situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, being bounded and described as follows, to wit: BEGINNING at a point in the northerly line of Township Road T-647, now known as Milltown Road, said point being located twenty-five (25) feet north of the center line of said road, and three hundred forty-four and ninety-one one -hundredths (344.91) feet measured along said road in a westerly direction from the northwest corner of the said Township Road and Legislative Route No. 21023 as shown on the hereinafter mentioned Plan; thence South 78 degrees 30 minutes West along said Milltown Road eighty (80) feet to a point; thence North 11 degrees 30 minutes West along Lot No. 6, Block A, on said Plan, one hundred twenty (120) feet to a point; thence along other land of formerly of Ernest H. Spoonhour et ux, North 49 degrees 57 minutes East seventy-seven and forty-one one -hundredths (77.41) feet to a point; thence by the same North 78 degrees 30 minutes East twelve (12) feet to a point; thence along Lot No. 4, Block A, South 11 degrees 30 minutes East one hundred fifty-seven (157) feet to a point on the northerly line of Milltown Road, the place of BEGINNING. BEING Lot No. 5, Block A, as shown on the Plan of Section No. 1, Creekside Manor, said Plan being recorded in Plan Book 9, Page 1. HAVING thereon erected a dwelling house known as 2018 Milltown Road, Camp Hill, Pennsylvania. File It: 946549 UNDER AND SUBJECT to building and use restrictions applicable to lots on said Plan created by instrument recorded in Miscellaneous Book 126, Page 419, and to the right of Pennsylvania Power and Light Company and Bell Telephone Company to maintain domestic utility service lines created by instruments of record. Parcel No. 13-24-0803-014 PROPERTY ADDRESS: 2018 MILLTOWN ROAD, CAMP HILL, PA 17011-7433 PARCEL #13-24-0803-014. File #: 946549 VERIFICATION Leola McCray, hereby states that he is Vice President Loan Documentation, of WELLS FARGO BANK, N.A., plaintiff in this matter, that he is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/ ie 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: Leola McCray Title: Vice President Loan Documentation Company: Wells Fargo Bank, N.A. Date: 11/03/2014 File#946549 086 -PA -V2 AFFIDAVIT OF SERVICE Please effectuate at least three Service attempts by 12/14/2014 PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, NA DOCKET NO.: 14-6505 DEFENDANT PH # 946549 LAURA A. JOHNSON, in her capacity as Administratrix and Heir of SERVICE TEAM the Estate of CHRISTOPHER M. JOHNSON A/K/A CHRISTOPHER JOHNSON ERIC C. JOHNSON, in his capacity as Heir of the Estate of CHRISTOPHER M. JOHNSON A/K/A CHRISTOPHER JOHNSON UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHRISTOPHER M. JOHNSON A/K/A CHRISTOPHER JOHNSON, DECEASED SERVE LAURA A. JOHNSON, in her capacity as Administratrix and Heir of the Estate of CHRISTOPHER M. JOHNSON A/K/A CHRISTOPHER JOHNSON AT: 6227 INDIAN RUN PKWY ALEXANDRIA, VA 22312-6435 TYPE OF ACTION XX Mortgage Foreclosure XX Civil Action cap -. �• . ..L SERVED Served and made known to LAURA A. JOHNSON, in her capacity as Administratrix and Heir of the Estate of CHRISTOPHER M. JOHNSON A/K/A CHRISTOPHER JOHNSON, Defendant on the as day of NtAie r.ber, 20 i�,at fp' a q , o'clock R. M., at (Dail Tf i Q r Run PKwy , 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 or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: at Description: Age k1.0 Height 5' I 0 f Weight`(( RaceW11�k Sex'VeinAther I, �t l rebel- \li V' , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Foreclosure Complaint in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subsc ibed before me this id day o • r P , 20.1 lip ,A,.. Notary: B On the day o , 20_ at o'clock _. M., I, Defendan[ TTOT FOUND because: Vacant Does Not Exist Moved No Answer on Service Refused Other: Sworn to and subscribed before me thisday of , 20_ By: Notary: at DORA MELISSA MENJIVAR NOTARY PUBLIC REG. #7596614 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JANUARY 31, 2018 , a competent adult hereby state that _ Does Not Reside (Not Vacant) at r� f. r•1 �_ ' 1 i Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19] 03 215-563-7000 WELLS FARGO BANK, NA vs. LAURA A. JOHNSON, in her capacity as Administratrix and Heir of the Estate of CHRISTOPHER M. JOHNSON A/K/A CHRISTOPHER JOHNSON ET AL. n OU a Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 14-6505 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 May 10, 2013, CHRISTOPHER M. JOHNSON made, executed, and delivered a mortgage upon the premises at 2018 MILLTOWN ROAD, CAMP HILL, PA 17011-7433. 2. The loan is in default as payments due December 1, 2013 and each month thereafter are due and unpaid. 3. Real Owner CHRISTOPHER M. JOHNSON died on July 25, 2013, and LAURA A. JOHNSON was appointed Administratrix of his estate. Letters of Administration were granted to her on November 21, 2013 by the Register of Wills of CUMBERLAND, NO. 21-13- 1245. Decedent's surviving heir(s) at law and next-of-kin are LAURA A. JOHNSON and ERIC C. JOHNSON. A copy of the estate documents, which have been redacted to remove personal identifying information, are attached hereto, made part hereof, and marked as Exhibit "A". 4. Plaintiff performed a Good Faith hnvestigation in an attempt to identify and locate the heirs of CHRISTOPHER M. JOHNSON. Plaintiffs investigation located an obituary published in the Patriot -News on August 1, 2013. The obituary confirms the information provided in the Estate documents. CHRISTOPHER M. JOHNSON is survived by his children, ERIC C. JOHNSON and LAURA A. JOHNSON. Attached hereto, marked as Exhibit "B" is a true and correct copy of Plaintiffs Affidavit of Good Faith Investigation and Obituary. 5. By letter dated August 13, 2014 Plaintiff contacted LAURA A. JOHNSON and ERIC C. JOHNSON 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 CHRISTOPHER M. JOHNSON. Plaintiff did not receive a response or executed waivers. Attached hereto, marked as Exhibit "C" is a true and correct copy of Plaintiffs letter. 6. On November 10, 2014, Plaintiff filed an Action in Mortgage Foreclosure. Attached hereto, marked as Exhibit "D" is a true and correct copy of the Complaint in Mortgage Foreclosure. PH # 946549 7. 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 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 "D". 8. Because there may be parties with an interest in the mortgaged premises that are unknown, Plaintiff must effectuate service through Special Order of Court. 9. In compliance with Cumberland County Local Rule 208.3(a)(2), Plaintiff avers that No Judge has previously entered a ruling in this case. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to the Defendants on November 17, 2014, and requested the Defendants' concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and postmarked certificate of mailing is attached hereto, made part hereof, and marked as Exhibit "E." 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 fC Date: R SO By: PETER WAPNER, Esq., Id. No.318263 Attorney for Plaintiff PH # 946549 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK. NA vs. LAURA A. JOHNSON, in her capacity as Administratrix and Heir of the Estate of CHRISTOPHER M. JOHNSON A/K/A CHRISTOPHER JOHNSON ET AL. Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 14-6505 CUMBERLAND 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). PH # 946549 1 Exhibit "A" ROW460D Cumberland County - Register Of Wills Estate Inquiry File No 21 2013-01245 PA File No 21-2013-1245 Decedent JOHNSON CHRISTOPHER M FIRST ENTRY Page 2 of 2 11/21/13 PETITION FOR GRANT OF LETTERS OF ADMINISTRATION DEATH CERTIFICATE OATH OFF PERSONAL REPRESENTATIVE RENUNCIATION WSZ 11/21/13 DECREE OF PROBATE & GRANT OF LETTERS ADMINISTRATION WSZ 2/20/14 RULE 5.6 REMINDER LETTER MAILED TO PERSONAL REPRESENTATIVE HMW 3/06/14 CERTIFICATION OF NOTICE UNDER RULE 5.6(A) DME + F2=Done F12=Cancel F17=Top F18=Bottom PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF it , U I7t't' 1 u 11 COUNTY, PENNSYLVANIA Petitioner(s) named below; who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in support thereof aver(s) the following and respectfully request(s) the grant of Letters in the appropriate form: Decedent's Jnforrnation Name: or id'I5'`ri)t" 2V a/k/a: a/k/a: File No: (Assigned by Register) arkia:Social Security No: Date of Death: --71—PITS Age at death: Decedent was dotniciled at death in tp" i1\It Litt litCo County, t �9 U y (state) with his/ er last principal residence at ',61� T10.1 P1iiIn Ed raw NIl1 1'1tt11 IV(1her'IQ a Street address, Post Office and Zip Code City, Township or Borough County Decedent died at 133 G \`n1(S�OJ f V 1 t -Th \)Nt VY F)O1,1 d6 '1O " lU 4l e Street address, Post Office and Zip Code City, Township or Borough County • State Estimate of value of decedent's property at death: I, �t /r1, r, f) If domiciled in Pennsylvania. All personal property $ 1 W O t On • 60 If not"donticiled in Pennsylvania. Personal property in Pennsylvania $ .1f not domiciled in Pennsylvania. Personal property in County S Value of real estate in Pennsylvania. s q c n TOTAirESTIMATED VALUE....�t$ to (41 t O 0 00 Real estate in Pennsylvania situated at: ¢-- .() 18 M l imaf1 'd . m v f4 it i �{# 11011 C t in P- '1eth4 (Attach additional sheets, fnecessary.) Street address, Post Office and Zip Code City, Township or Borough County ❑ A. Petition for Probate and Grant of Letters Testamentary c= 33 Petitioaer(s) aver(s) he/she/they is/are the Executor(s) named in the last Will of the Decedent, dated C r"i; 23raftid Codicil(s) thereto dated © __ C al "ci Q Stale relevant circumstances (e.g. renunciation, death of executor, .)= n VY 'U .0 Except as follows: after the execution of the instrument(s) offered for probate Decedent did not marry, Sas r�6(1pap rced, was not a to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S..g3323( and did not levee hild born or adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person Q [7 t CD I--+ - C) 0 NO EXCEPTIONS ❑ EXCEPTIONS tU rrt 10 B. Petition for Grant of Letters of Administration (If applicable) U' e.t.a., d.b.n., d.b.n,c.t.a., pendente lite, duranceitl entia, durante minoritate If Administration, c.t.tc. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs. Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 . C.S. § 3323(g) and was neither the victim of a killing nor ever adjudicated an incapacitated person. NO EXCEPTIONS ❑ EXCEPTIONS Petitioner(s), after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs (attach additional sheets. if necessary): Name Relationship Address LAvr° A ,Ta►fSGY dovj- v LILIO ,S 6oq �u PilisIu P! /5,7//-�1C C. jG ► Son S(M aA1. 11ii/16 11r'o( Comp /1J PA 17011 Farm Nr11-002 rev. 10/i 1/1011 Page 1 of 2 Oath of Personal Representative COLI\9ON1\''EALTH OF PENNSYLVANIA COUNTY OF ( uVIA he 1 ii d 't Official Usc Only Petit;oncr(s) Printed Name Peittioner(s) Printed Address CHM iA-J0o soy) t-1(10 goCaC< 'W H pf lsa t i The Petitioner(s) above-named s:ocar(s) or affirm(=) the statements the foregoing Peti ion are true and correct to the hest of the knowledge and belief of Petitioner(s) and that; as Per_ona1 Representatr e(s) of the Dec ep tthe Petitior(s w I well and truly administer the estate according to law. J' t''! Date It a 13 Sworn to me thi B BOND Required: YES NO FEES: Le tors ( ) Short Certificate(s) ( 1 ) Renunciation(s). ( l ) Codicil(s). ( ) Affidavit(s)....... ... Bond. Commission .. Ower JCS Fee. Automation Fee. --�� TOTAL Estate of aik/a: Date Date Date To the Register of Wills: Please enter my appearance by my signature below: Attorney Signature: (.) W "U Printed Name: �C Supreme Court f"" rri ID Number: vi ca t'u C7 (-) O -11 -II `rt Firm Name: s7 Address: O e_. t✓ -2:n Phone: Fax: Entail: r— rr� v) DECREE or THE REGISTER 0,/nri—S-71-0p61lAk r 11/?zerFile No: C/ - [3— /„,? Vj ( AND NOW, 0 v e ' 1 ( �f Vl.-1 , in cons'd-ration of the orego'' g Petition, satisfactory proof having been presented before me, IT IS pECREED th t Lette .t.�i mill), � ct�jWi are hereby granted to L Ou (1<.5 r) in the above estate and (if applicable) that the instrument(s) dated described in the Petition be admitted to probate and filed o Farm RW -02 rev. /0/1 U20/ ord a the 1 t Will (an dicil(s)) f Decedc egister of Wt Is Page 2 of 2 ;Estate of Cuni xv- a RECORDED OFcHC17 OF �r�g REGISTER OF WILLS 1� E`N IATION t113NU21 12.20 iiEGISTER OI: WALLS CLERK OF COUNTY PENNS ' h MISS COURT CUMBERLAND CO., PA Chns- r r; S0 1 (fruit Name) Reset Form • , Deceased . iii my capacity/relationship as of the above Decedent, hereby renounce the light. to administer the Estate of the Decedent. and respectfully request that Letters be issued to Lnl 7ahrsol I i —y —13 (Street Address) C�,m (Cx0,, slate, ) —111 P 11611 Executed in Register's Office Executed out ofRegister's Office Sworn to or affirmed and subscribed before me this day of Deputy for Register of Wilk Before the undenigned igned personally appeared the party executing this renunciation and certified that he or she executed the reinmciation for the purposes stated whin on th.. day O[ 3 611WM 1ONWEAL'i ii OF PENNSYLVANIA NOTARIAL SEAL DEBRA A. PARSON, Notary Public borsburg Bora, Franklin County Commission expires November21, 2016 (Signature and SealofNotaryor other official qualified to adrnin ter oaths, Show date of expiration efNotary's Cortmsmsk .) Notary Public My Conuuission E. Exhibit "B" AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 946549 Attorney Firm: Phelan .Hallinan, LEP Subject: Christopher M. Johnson Property Address: 2018 Milltown Road, Camp Hill, PA 17011 L CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Christopher M. Johnson - xxx-xx-8028 B. EMPLOYMENT SEARC.H. • Christopher M. Johnson - A review of the credit reporting agencies provided no employment information. • C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Christopher M. Johnson reside(s) at: 201.8 Milltown Road, Camp I-1il.l, PA 1.7011. 11. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases, which had no listing for Christopher M. Johnson. B. On 05-09-14 our office made a telephone call to a possible phone number of the subjects) (717)-658-6410 and received the following information: not in service. Our office was unable to locate any heir for Christopher M. Johnson. III. OBITUARY SEARCH A. Attempted to find obituary via http://oa.newsbank.com. B. Found obituary published August 1, 2013 in the Patriot -News, The (Harrisburg, PA). See attached. IV. INQUIRY OF HEIRS AND NEIGHBORS On 05-09-14 our office was unable to locate any information for Wyatt Christopher Johnson, relative of Christopher M. Johnson. On 05-09-14 our office was unable to locate any information for Jackie, relative of Christopher M: Johnson. On 05-09-14 our office was unable to locate any information for Julia Johnson, relative of Christopher M. Johnson. On 05-09-14 our office attempted to contact Ellen S. Johnson, relative of Christopher M. Johnson at: P.O. Box 266, Blairs Mills, PA 17213, but was unable to get any phone number for her. On 05-09-1.4 our office attempted to contact Alicia Louise Kelley, relative of Christopher M. Johnson at: P.O. Box 349, Newfoundland, NJ 07435, but was unable to get any phone number for her. On 05-09-14 our office attempted to contact Laura Johnson, relative of Christopher M. Johnson at: 440 Boggs Avenue, Pittsburgh, PA 1521.1, but was unable to get any phone number for her. On 05-09-14 our office attempted to contact Eric Johnson,relative of Christopher M. Johnson at: 24 Poplar Avenue, Hummelstown, PA 1,7036, but was unable to get any phone number for him. On 05-09-14 our office attempted to contact Laurie E. Johnson, potential relative of Christopher M. Johnson at: 24 Poplar Avenue, Humrnelstown, PA 17036, but was unable to get any phone number for her. On 05-09-14 our office attempted to contact Curtis J. Dubinsky, potential relative of Christopher M. Jolutson at: 24 Poplar Avenue A, Hummelstown, PA 17036, but was unable to get any phone number for him. On 05-09-14 our office made several phone calls in an attempt to contact James R. Johnson, relative of Christopher M. Johnson at (973) 697-6070, 15 Davenport Road, Newfoundland, NJ 07435: no answer. On 05-09-14 our office made several phone calls in an attempt to contact Laurie 0. Dubinsky, potential relative of Christopher M. Johnson at (717) 566-9500, 24 Poplar Avenue, HummeIstown, PA 17036: no answer. On 05-09-14 our office made several phone calls in an attempt to contact Pamela Joan Kelley, potential relative of Christopher M. Johnson at (973) 702-7171, 8 Pond Hollow Road 782, Sussex, NJ 07461: no answer. On 05-09-14 our office made several phone calls in an attempt to contact Neal E. Wood Jr., neighbor of the subject at (717) 737-2093, 2018 Milltown Road, Camp Hill, PA 17011: no answer. On 05-09-14 our office made several phone calls in an attempt to contact John F. Shuey, neighbor of the subject at (717) 737-5554, 2020 Milltown Road, Camp Hill, PA 17011: no answer. On 05-0914 our office made several phone calls in an attempt to contact Jason C. Richards, neighbor of the subject at (717) 730-7488, 2104 Milltown Road, Camp Hill, PA 17011: no answer. Our office was unable to Iocate any heir for Christopher M. Johnson. V. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 05-09-14 we reviewed the National Address database and found the following information: Christopher M. Johnson - 2018 Milltown Road, Camp Hill, PA 17011. 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 05-09-14 Vital Records and all public databases have a death record on file for Christopher M. Johnson. VII. ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Christopher M. Johnson -1960 B. DATE OF DEATH Christopher M. Johnson - 07-25-2013 * 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. 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. Sec. 4904 relating to unsworn falsi,.'catioil to authorities. The above mforroat0sn is obtained from available public records and we are only liable for the cost of the affidavit. ObitsArchive.com: Document Display Page 1 of 1 ObitsArchiVe.com Patriot -News, The (Harrisburg, PA) - August 1, 2013 Deceased Name: Chief Master Sergeant Christopher M. Johnson CMSgt Christopher M. Johnson, USAF; 52, of Camp Hill, gassed away suddenly on Thursday, .lul,, 25, 2013 in Plantation Keys, FL. Born in Wayne, NJ on November 7, 1960 he was the son of Ellen Sehr Johnson of` Wayne, NJ and the late Carl Johnson. Christopher was currently serving in the US Air Force, stationed at. Andrews Air Force Base, Washington D.C. During his service, Christopher has participated in the Cold War, Desert Storm, Desert Shield, Operation Iraqi Freedom, Operation Enduring Freedom (Afghanistan), and Operation Noble Eagle. He was a former referee for PIAA. Christopher was an avid fan of all sports, especially soccer, hockey, scuba diving, and skiing; and an athlete himself. He enjoyed spending his free time with his family. In addition to his mother, Christopher is survived by his son, Eric C. Johnson of Camp Hill; his daughter, Laura A. Johnson of Pittsburgh; his brother, James Johnson husband of Alicia of Green Pond, NJ; his grandson, Wyatt Christopher Johnson; his nieces, .Iack.ie and Julia Johnson; and the many friends and coworkers whose lives he touched. A viewing will be held Saturday, August 3, 2013, from 2 to 4 PM in the Trefz & Bowser Funeral Home, Inc., 114 West Main Street, Hummelstown. A graveside service and interment with military honors will be in Arlington National Cemetery, Arlington, VA at a later date. The family asks that memorial contributions be made to the Wounded Warrior Project, 120 G Street NW, Suite 700, Washington D.C. 20005 or by visiting www.woundedwarriorproject.org. Online condolences may be shared on www.trefzandbowser.cotn Patriot -News, The (Harrisburg, PA) Date: August 1, 2013 Edition: Final Page: A 14 Record Number: 13080196345(13 Copyright, 2013, The Patriot -News Co. All Rights R.eserved. Used with permission. http://www.obitsarchi ve.com/oa-search/we/Archi ves?p_action=print&p_docid=147EA 1 D70... 5/9/2014 Exhibit "C" PHELAN HALLMAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 320-0007, Ext. 1238 Fax: 215-563-3352 August 13, 2014 LAURA A. JOHNSON, Adrninistratrix and Heir of the Estate of CHRISTOPHER M. JOHNSON A/K/A CHRISTOPHER JOHNSON • 440 BOGGS AVENUE. PITTSBURGH, PA 15211 ERIC C. JOHNSON, Heir of the Estate of CHRISTOPHER M. JOHNSON'A/KJA CHRISTOPHER JOHNSON 100 ELY DR SHIPPENSBURG, PA 17257-8818 ERIC C. JOHNSON, Heir of the Estate of CHRISTOPHER M. JOHNSON A/K/A CHRISTOPHER JOHNSON 2018 MILLTOWN ROAD CAMP HILL, PA 17011 'CiIRIST4C0tER-M-zijOHNSON110181idtt CAMP HILL, HILL, PA 17011-7433; WELLS FARGO BANK, N.A.; PH # 946549 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 CHRISTOPHER M. JOHNSON A/K/A CHRISTOPHER JOHNSON's unfortunate death. We are son.), for your loss. As a possible heir of CHRISTOPHER M. JOHNSON AJK/A CHRISTOPHER JOHNSON, 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 firm is a debt collector. Any information we receive will beused for that piiipose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the inortgage. 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 (1.4) days of the date of this correspondence. If the Waiver is timely returned it will not be necessary to name you as a defendant in the foreclosure action. However, 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 rnay have in the properly. It will however, be necessary to name LAURA A. JOHNSON as a defendant. in the foreclosure action in her capacity as Administratrix of the Estate as required by the Pennsylvania Rules of Civil Procedure. Again, please be advised LAURA A. JOHNSON is not personally liable for the debt, as she did riot execute the mortgage or note. Our Office also requests that you please provide us with any additional heir information for CHRISTOPHER M. JOHNSON A/KJA CHRISTOPHER JOHNSON, 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 completion 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. 1238 Sincerely, Adam Davis, Esquire Attorney for Plaintiff * This firm is a debt collector. Any information we receive will be used for that purpose. Ifyour 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 1, ERIC C. JOHNSON, Heir of the Estate of CHRISTOPHER M. JOHNSON A/K/A CHRISTOPHER JOHNSON, hereby acknowledge that I may have an ownership interest in the property located at 2018 MILLTOWN ROAD, CAMP HILL, PA 1.7011-7433, 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 Sheriffs 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 pKoceeds generated by the Sheriff's sale of the mortgage premises. Date: ERIC C. JOHNSON, Heir of the Estate of CHRISTOPHER M. JOHNSON A/K/A CHRISTOPHER JOHN -SON LAURA A. JOHNSON 440 BOGGS AVENUE PrIT:SBURGH, PA :15211 FOLD HERE ----------------- 946549 .-____w-__-___..---.-_-_-._- 946549 FOLD HERE ------ ERIC C. JOHNSON • I OO -LY DR - SHIP.PENSBUR.G, PA 1.7257-8818 946549. Exhibit "D" 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 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, NA �' 3476 STATEVIEW BOULEVARD CIVIL DIVISION FORT MILL, SC 29715.S S V t I Plaintiff, NO.: 1 LI - vs. LAURA A. JOHNSON, in her capacity as Administratrix and Heir of the Estate of CHRISTOPHER M. JOHNSON A/K/A CHRISTOPHER JOHNSON 440 BOGGS AVENUE PITTSBURGH, PA 15211 ERIC C. JOHNSON, in his capacity as Heir of the Estate of CHRISTOPHER M. JOHNSON A/K/A CHRISTOPHER JOHNSON 100 ELY DR SHIPPENSBURG, PA 17257-8818 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHRISTOPHER M. JOHNSON A/K/A CHRISTOPHER JOHNSON, DECEASED 2018 MILLTOWN ROAD 062 -PA -V5 Exhibit "A", attached hereto and made a part hereof. 7. On or about May 10, 2013, CHRISTOPHER JOHNSON made, executed and. delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR MORTGAGE SERVICES III, LLC. a Mortgage in the original principal amount of 5165,670.00 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 May 20; 2013, in Instrument No. 201316399. 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. 8. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded February 4, 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. 201402463. The Assignrnent 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. 9. Mortgagor CHRISTOPHER M. JOHNSON AJK/A CHRISTOPHER JOHNSON died on 07/25/2013, and LAURA A. JOHNSON was appointed Administrator/trix of his estate. Letters of Administration were granted to her on 11/21/2013 by the Register of Wills of CUMBERLAND COUNTY, No. 21-13-1245. The Decedent's surviving heirs at law and next- of-kin are LAURA A. JOHNSON and ERIC C. JOHNSON. 10. 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 -V5 11. As of 10/31/2014, the amount due and owing Plaintiff on the mortgage is as follows: Principal $ 163,798.29 Interest From .11/01!2013 to 10/31/2014 $ 5,317.36 Late Ch.a.rges $ 115.68 Escrow Advance $ 1,710.73 Property Inspections . $ 0.00 Property Preservations $ 0.00 BPO/Appraisals $ 0.00 Escrow Balance $ 0.00 Corporate Advance Credit $ 0.00 Total $ 170,942.06 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. 12. 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). 13. Plaintiff does not hold the named Defendants, LAURA A. JOHNSON and ERIC C. JOHNSON, personally liable onthis cause of action. This action is being brought to foreclose the interest of the said Defendants in the aforesaid real estate only, and the Defendants have been named in accordance with the requirements of Pa R.C.P. 1144(a)(2) and 20 Pa.C.S.A. § 301(b). 062 -PA -V5 14. 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 $ 170,942.06, 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: //NW 062 -PA -V5 By: enya aces, Esq., Id. No.203664 Attorney for Plaintiff NOTE JOHN £ Loon o• MIN** C:ise NOTICE THIS LOAN IS NOT ASSUMABLE WITHOUT 'THE APPROVAL OFTHE DEPARTMENT OF VETERANS ,AFFAIRS OR ITS AUTHORIZED AGENT. 'MAY 10, 2013 [Date] CAMP HILL 1-(Thvi 2018 :MILLTOWN 8,0AD,- CAMP HILL-, PA 17011 [Property AdiireSS] PENNSYLVANIA [State] 1. BORiZOWERP$T4i0M ISE TO PAY In 'Cdttitn Ibt u loan That 1 hiik'e rettiVed, I OrOrrit'Se to )-hly U.S. S.165;. '670.00 (tiii:4 aniotO "Prineipal").plus ntefeSt, fO the order Of -the 'Lena( Tht 1 cndLr S:KOITGAGE SERVICES II LLC 1 will make ail .paymeots under this NOR in the fbiln of cash, cheek:Of nioney understind Thai the Lender May minSfer this. Note. ThOtenderO atlyeno:wheilakeS this Nit e by irtinsfer and Whei entitled to teeeivelpityniVfit's tpndejths Note is edict!' the "Nbtc Fiblder." 2, 1NTEREST ihtcreSt will be charged on unp ud pt Ln3pai until thefuJIantoinit ot P ncipd hits:beenp nd 1 Will rrAy iiltere§A ata yethily otc Of 3 it* iritert rat required by thi Sec tibri 2 is the :rine-.1 wili phy both before uld 1[cr :eny: ddfatilr'hiSeribeh in Section :6(8) ofthis Note, 3. PAYMENTS (A) nd :11ace of P.110uerfft I 5Od Ltitet6t by nitikirig,11.phYhient 1 .i 1 nok c niy 3133 113 1 v pt.sylnhiAtiM die fliXM: day of cae b nttn lc.fi nn i ou pfoty filii1“::1140*,:0-4y.)*J1:1A,VOrsonbraIi alyt1.im(!f7i.Igl•:Oriul yOtberehhlige'SI:tloSeiiibed. -b.c IOW thit I ,/jlty th,Ohl it 1)7.'011)11161f 11 hc.ippl ied i. 61' iis tltcdulcd-.dtteldine. i `00' 0-412, •20 tioiouri:ts itt full On thin date, imhia is -f.11) lett the "N/iat'ority I will m1k my•monthly -payments:el 502: NORTH :HERS -HEY RD, BLOOMINGTON. II -61704 01* di fferem place if vi:.4(iiit(l.by the-Notefloider, . . 1111 Anioon UM' Monthly POInttits• 1viy monthly pqmott will' be in the amount:of US: S721 .01. 4, BORROWER'S RIGHT TO PREPAY 1 bivt theiijhl 10 fake 1ayi 1t'1tls oi Nil:Wiliam any -tine before they ziredhe. A' liayitichr..o.Priflq.ptil tiny i1 know.n as t "Rropyinelq." When 1 make: a P.1.0p3yincrit, 1 will idi ilte NOte Wiinig*. that 1 am dt.ittg;:;6,1 SlilutirA11,: FIXED RATE NOTE-Silev Fy-Fanqie MatVEre:lkdie N1 UNIFORM INSTNUNIE.INT 'toS,5&I 1 & Iiirio3200 3103 Mpdific.0 or'A mny not kleignine it-PaYtnent7as a Ptcpaymunt ilI have 11(11 made All the:tnolithly paYinctitS due 'under .the iNlOte.• lyrity in ILL .fu.11 Plrepayment. or partial P1 cpa m n rhout paying a. Pre.pnyinen-telyi.tige.. The NW Wilder, will use my. Prepaynients to red:ice the,..airronot of rrincipal tharl. ()Nye. un'Oer:thiSNcit lioNyever,.the.Note Holder i -nay apply. my Prepaynicat to the' ;.ec.f1Iet1 anti unpaid interest .01.1 t ic P.repayMeni prootirtt, before applying ny rrepaylinent to reduce 1111 R1i11001 aniontit ol ihc. Noue.. l make:a partial Prepayinc...nt; there will be no changes in the One date or in the aMonnt cit. My Monthly Oil >;.1110 it Not. f101dcr.ifgtise., in writing 1(5 1liose. thanges. 5. LOAN CHARGES If a taw; whit', applies to this loan and which seas Minn charges, is i finally interpreted so that the interest or other loan Kihargcs collected or to Ix...collected in.connection with:this loan exceed .the.permitted limits, them '(a) inly such loan,ehiagesh iI h.reduced bd the an•tount itecessalyto reducethe charge to the permitted h mi lind.b) any. sum •already Collected frain 'me whielr-cereded permitted limits will.be.refunded 10 Inc The Note troldeV May choose 'to mkt:this -refund :by reducing the Principal I owe.ander this.•Note or by malciag a..direet .paymeat .rOtitricl rcducos Ptincipalf the reduction will be 'treated as 0 pattia1 Nepay.ment. 6. BORROWER'S FAr LURE TO PAY AS: 1.201.11BE :(A) Llit-e Charge for Overdue PnnicnIs lfthc Note:Rolderhas not received the full amoutmorany monthly payment:by the end Oti:S..catendardays artertli•e dale, it k clue; I. will pay late aarge to the Note Holder, the alllettrit-cir the;chatgo will be .4 ..0 OD% am)/ overdue ryttynient. 1 will pay..-this-latecharge promptly'bui only once on each late payment: (U) befall* t do nofpay the full amount o1 each monthly ipayment- ow the date it is due, [-wilt be -in -default, (C)-Norl.ce orDaratilt fil.ain in defaUlt,:the NOte HOldetatilly:send,me,n notice telling MO Ithat if Ido notythcovcrdu amount hY.11 eettain-date,. the .Not HOW& in4 reqUire Me. (o. paY ititely the full atrint of Principal which has nortecn paid and all .thr interesrthat:l.cwe on that amount.: Thai date Must be at tet 30:dayS after[the.dstre.on yvhieh the ri&ier: is mai led to. me: or delivered by other,means, (1)) N6 WalN,er By Note. riOlder Even if n tim: when 1 in in :Ocfault, Ihc NOtc iOlder locs hot :requil'e Me to:pa. irruriedlincly ip 1011 'as cleSeribed the. Not'. Ilokkrw illstitt Iiivc ih.rigIi o do so ir I 'clefitidt lit lit laterl'firne. (E) -Payment o 'Note htoider'S Costs and Expenses ,• i:r the. Note Holder has required me 10 pay Immediatelyin .1611.wsltlesorWed.‘above„tho.N.Ote'llolder will have iho TO bo paid •back by 'me for all orItscosts and expet1splIn.diffollektiVilib4's.NOtero the exie.rit .not prohibited -by. ,apoicatile law. Thost . expenses, include, :.for example., 14.tirtile.11iilitititey4'..-fees. 14 G:MN OF NOTICES, biltes.s!Appiicalile lis egui'rels it-differUitt-nletli.Ocl,any notice trait -must be iivcp.to ole .under this liete will be*:giVeit by 'dClivering 11 r by Mailing It by first ettiiS mitl1.10 Inc 'it the Property Address abeiiie.dr•at'a.different `addreSs.if .gfi/e the NOte.F.lolderit notice:of my :different addresS. Ahrtib'fiee that Milli( tarhe.Note1Jold.r tinderliris- Note Willi be given by;dclivefiAg•it..Or by 1p the:Rote 11okler.at tin; ualrieSs stated in above or :at -a different a0ikess ir bflhill different addieSS. 8. LicATIONS VicliSO Ns: UN brierttis N.OTE .If more than .one.person signs this Note, carlyperson is fully and personally obligated tb:keep all of the pronitsesJmade in Thjs Notei:including thepronrise 'to pay the full amount owed. Any person Who is ia guarantor, )UtlyigATE FuxED RATE NOTE—ingrc Niue 'IF rediiic:MilFunfwpitAt (NstioJNIENT IP 55.11 Pg 2 or 3 .Y.orm 3100 1101 Modified Thr\A stirelyor endorser Of Note is ttlso obi' tett to do these things, Any personAtilio takes 0‘e.r those cibligatinns;. itielfuling the obtignt ions- of:tt -gtitininitnstirety dr endOrSer. Of this •Note, is alSO to- 1mo-411.0f:the promises matte in hi'. The No Hbliter may enforce its rigIfts nnder thi.51 Note -agnibst thele pe'rsori .tigainOt 011 of us toge titer. This nitans that any one of.us linty be require,t1 10 pay all of the-M.1101101s dWed finder this Note. 9. WAIV.-EftS 1 :ind any other person who: has obligations under this Not waive tIvezrilints: of PreseUtmcni and Notice of Dishonor. ":Presentin.etU" menns the right to require the N.01G Holder todemand paymetitOf amounts due. ''.Notice of Dishonor" 1:iyearts the:right to.require the:Note Holder to. give notice I& other persons that amounts due have, not been pinch , 10. UNIFORMSECURED NOTE Thit is fl In tti CI ittinton n 011)k: 146 tid j0 nil, ntl(12:11 11- •tothe - protections gie 110 the 'Nate Holder under' this:N6fe, a tviorfgtrse, Debd'oi'ttfa Ort bist rO moot "), dated thcsame..ditte Note,',Firotectg the No;. .1+1 Olifi.14, do. not :ketip. th.e :prOnrise,s. whidji 1 Mal:e inthis..Not T1r Sceonty 1 tISirrinW110r1t5seirtgit conditions I may be Teo iiite0 'inakb iiihnochate :d.e.sc:ritsd as f011oW§: If:011 o ny pfirt vi Mt' PeOpertii o'r ;iity:IntkiOst int it.) Property is,6:1g1s)r transferred (0.1.• if Btirowct is nO:t a iiattival ii0olt Mid a biMcfichil iold otiati's1Vila) without .1...:enddr's.foio.t \rftencOni:ent,I6d6r p..aYni&ni .ifs full MalI su:JflS .seehicd .be exeicise.t.hy Lend& if.such r:eise is prohibited by Apb.fi6tbk.. La*. . . If Lender cxcrcistNthts option, .Lc4de'r .6;111 giAT ofaccR,rtion Th .:niytice §haf .0:ro:00 p.ruid bf•ildt R.. th4fl 30 days froM thc dale tho notibe Is gic/O .in Stibn .1.5 130frOly61'.ln:iisE y Il.sun seured by 113k $.ccMity Infrurnimit. If BOtroWer fa% ko:Oity the§e, suites Odor to. (ha. eXpitatian Lender may tied by i his Scitrity tt.61:t..61; or dcniiid on Bbitti;WOr, , 'NES VI 7.,11AND(S) AND: - os T:l1 UNa RSE Ilki .jOHNSON - N.131). , QOTOpESERVIQS in; LLC cpio:41!titiotivoil*ftiqiipoificof MULTI$TATE NO) WiTE 10e 1.1NliFQ14)1 !NtiTRUMENT ASD Al 1 Pno 3 of: 3 lortn`3,200 1/01 63odijeti Ibr VA wimout Off TOSE:QPDER ErY SAMUEL SENI 1.,11:unchttj .i4'dtiV4 „rbiC1 Ii.ri3 Exhibit "B" LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground, situate in the Township of Lower Allen. Courcy of Cumberland and State of Pennsylvania, being bounded and described as follows, to wit: BEGINNING at a point in the northerly line of Township Road T-647, now known as Milltown Road. said point. being located twenty-five (25) feet north of the center line of said road, and three, hundred rorty -four and ninety-one one -hundredths (344.91) feet measured along said road in a westerly direction from the northwest corner of the said Township Road and Legislative Route No. 21023 as shown on the hereinafter mentioned Plan; thence South 78 degrees 30 minutes West along said:Milltown Road eighty (80) feet to a point; thence North 11 degrees 30 minutes West along Lot No. 6, Block A, on said Plan, one hundred twenty (120) feet to a point; thence along other land of formerly of Ernest H. Spoonhour et ux, North 49 degrees 57 minutes East seventy-seven and forty-one one -hundredths (77.41) feet to a point; thence by the same North 78 degrees 30 minutes East twelve (12) feet to a point; thence along Lot No. 4, Block A, South 11 degrees 30 minutes East one hundred fifty-seven (157) feet to a point on the northerly line of Milltown Road, the place of BEGINNING. BENG Lot. No. 5, Block A, as shown on the Plan of Section No. 1, Creekside Manor, said Plan being recorded in Plan Book 9, Page 1, HAVING thereon erected a dwelling house known as 2018 Milltown Road, Camp Hill, Pennsylvania. File #f: 946549 • UNDER AND SUBJECT to building and use restrictions applicable to lots on said Plan created by instrument recorded in Miscellaneous Book 126, Page 419, and to the right of Pennsylvania Power and Light Company and Bell Telephone Company to rnaintain domestic utility= service lines created by instruments of record. Parcel No. .1.3-24-0803-014 PROPERTY ADDRESS: 2018 MILLTOWN ROAD, CAMP HILL, PA 17011-7433 PARCEL #13-24-0803-014. File #: 946549 VERIFICATION Leola McCray, hereby states that he/ is Vice Presi.dent Loan Documentation, of WELLS FARGO BANK, N.A., plaintiff in this matter, that he/6D is authorized to snake 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.jt 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: Leola McCray Title: Vice President Loan Documentation Company: Wells Fargo Bank, N.A. Date: 11/03/2014 File#946549 086 -PA -V2 Phelan Hallinan, LLP 1617 JFK Boulevard. Suite 1 400 One Penn Center PIfl%1i Philadelphia, PA 19103 215 -56? -7000 FAX#i: 215-568-7616 November 17, 2014 LAURA A. JOHNSON 440 BOGGS AVENUE PITTSBURGH, PA 15211 ERIC C. JOHNSON 100 ELY DR SHIPPENSBURG, PA 17257-8818 UNKNOWN HEIRS, SUCCESSORS. ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHRISTOPHER M. JOHNSON A/K/A. CHRISTOPHER JOHNSON, DECEASED 2018 MILLTOWN ROAD CAMP HILL, PA 17011-7433 RE: WELLS FARGO BANK, NA vs. LAURA A. JOHNSON, in her capacity as Administratrix and Heir of the Estate of CHRISTOPHER M. JOHNSON A/K/A CHRISTOPHER JOHNSON ET AL. Civil Docket NO. 14-6505 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) I am Seet�� concurrence 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, PETER V APNER, ES4 Id. No.318263 PH # PH # 946549/KAC Name and Phelan Hallinan, LLP Address Milk 1617 JFK Boulevard, Suite 1400 Of Sender One Penn Center Plaza Philadelphia. PA 19103 Line 1 Article Numbc Name of Addressee, 5 NRUIBSD nd Post 0 Address �t•t1et: 2 Laura A. Johnson, 1n Iler Capacity as Administratrix and Heir of The Estate of Christopher M. Johnson a!kla Christopher Johnson 440 BOGGS AVENUE PITTSBURGH, PA 15211 Eric C. Johnson, in His Capacity as Heir of The Estate of Christopher ohnson allcla Chris 100 ELY DR SHTPPENSBURG, PA 17257-8818 $0.48 SO. -1S Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Ct; Right. Title or Interest tits. t5 From or Under. Christopher M. Johnson a/k/a Christopher Johnson, Deceased 2018 MILLTOWN ROAD CAMP ITIII.,L, PA 17011-7433 RE: LAURA A. JOHNSON (CUMBERLAND) TEA M 4 PH # 946549/1021 Page 1 of 1 51.44 Total Number of Pieces Listed by Sender 'Total Number of Pieces Received ur Po5t Office Postmaster. Per (Name or Receiving Employee) rhe full declaration of vattte TV required to all dornr.t e utut uucntatbm,d ,ett.trtc•.f nwul • for the reconstruction or nonnegoliehie document.. rn kr 1., pies. Sl.ol d+k moot! onon.n piece subject to a limit,$SSQO.f)ntt per tx:vurretxr Litt nmr,coum miktuo1 The maxlmnm indemnity payable s 525.000 ?or ;.r}+.%Mt arati..cci a oto . •1,11tato' onttta+=,. R900 S7I t and 5921 kir limitations of cover.iL'c Form 3877 Facsimile PH # PH # 946549/KAC r LED -0 i IL}L THE PP\U 1 HUESO lAR`` 2014 DEC 1€ PM 1-33 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, NA vs. LAURA A. JOHNSON, in her capacity as Administratrix and Heir of the Estate of CHRISTOPHER M. JOHNSON A/K/A CHRISTOPHER JOHNSON ET AL. COURT OF COMMON PLEAS CIVIL DIVISION NO. 14-6505 CUMBERLAND COUNTY ORDER AND NOW, this es' day of 74.44✓4++' , 2014, upon consideration of Plaintiff's 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)(I)(i)(C), on the Defendant, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHRISTOPHER M. JOHNSON A/K/A CHRISTOPHER JOHNSON, DECEASED, h3ya nt in accordance with Pa.R.C.P.-4 Q ; by First Class mail at the mortgaged premises located at t/. L4,ivn A. roAMrri KN o lions RVt, 2018 MILLTOWN ROAD, CAMP HILL, PA 17011-7433 and by posting of the mortgaged PH # 946549/KAC PGad pA /52.11 premises at 2018 MILLTOWN ROAD, CAMP HILL, PA 17011.-7433 by the Sheriff or by a non-party competent adult. Service by mail is complete upon the date of mailing. 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. PH # 946549/KAC SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor OFFICE OF THE £HEF,IFF ;r ,. . f `6 A -7 PH 2: 4.1 CUMBERLAND COUNT PENNSYLVANIA Wells Fargo Bank vs. Laura A Johnson, in her capacity as Administratrix and Heir of the Estate (et al.) Case Number 2014-6505 SHERIFF'S RETURN OF SERVICE 11/10/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Eric Johnson, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Complaint in Mortgage Foreclosure according to law. 11/10/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Laura A Johnson, in her capacity as Administratrix and Heir of the Estate, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Allegheny, Pennsylvania to serve the within Complaint in Mortgage Foreclosure according to law. 11/10/2014 Ronny R Anderson, Sheriff, who being duly sworn according to law, states that he served the within Complaint in Mortgage Foreclosure upon the within named defendant, Laura A Johnson, in her capacity as Administratrix and Heir of the Estate, in the following manner: On November 10, 2014 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Complaint in Mortgage Foreclosure to the defendant's last known address of 6227 Indian Run Parkway, Alexandria, VA 22312. The certified mail return receipt card was received by the Cumberland County Sheriff's Office signed by Laura A Johnson, in her capacity as Administratrix and Heir of the Estate on November 19, 2014. 11/13/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Laura A Johnson, in her capacity as Administratrix and Heir of the Estate, 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 2018 Milltown Road, Lower Allen, Camp Hill, PA 17011. Residence is vacant. 11/17/2014 The requested Complaint in Mortgage Foreclosure returned by the Sheriff of Dauphin County, the within named Defendant Eric Johnson, not found. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. 11/20/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Eric Johnson, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Franklin, Pennsylvania to serve the within Complaint in Mortgage Foreclosure according to law. 11/20/2014 12:40 PM - The requested Complaint in Mortgage Foreclosure returned by the Sheriff of Allegheny County, the within named Defendant Laura A Johnson, in her capacity as Administratrix and Heir of the Estate, not found. William Mullen, Sheriff, Return of Service attached to and made part of the within record. 11/21/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Eric Johnson, 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 2018 Milltown Road, Lower Allen, Camp Hill, PA 17011. Residence is vacant. 12/01/2014 09:22 AM - The requested Complaint in Mortgage Foreclosure served by the Sheriff of Franklin County upon Eric Johnson, personally, at 100 Ely Drive, Southampton, Shippensburg, PA 17257. Dane Anthony, Sheriff, Return of Service attached to and made part of the within record. (c) CountySuito Shenft. Teieosofi, inc. SHERIFF COST: $126.35' December 29, 2014 (c) CountySuite Sheriff, Tbleosott Inc. SO ANSWERS, RONI�fh R ANDERSON, SHERIFF Shelley Ruhl Real Estate Deputy Matthew L. Owens Solicitor Commonwealth of Pennsylvania County of Dauphin Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy WELLS FARGO BANK, NA VS ERIC C. JOHNSON, IN HIS CAPACITY AS HEIR OF THE ESTATE OF CHRISTOPHER M. JOHNSON Sheriffs Return No. 2014-T-2983 OTHER COUNTY NO. 2014-6505 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry fon,ERIC C. JOHNSON, IN HIS CAPACITY AS HEIR OF THE ESTATE OF CHRISTOPHER M. JOHNSON the DEFENDANT named in the within COMPLAINT IN MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, NOVEMBER 17, 2014. PER CURTIS DUBINSKY, STEP -FATHER OF DEFENDANT WHO RESIDES AT ADDRESS 24 POPLAR AVENUE, HUMMELSTOWN, PA 17036, THE DEFENDANT NOW LIVES AT 100 ELY DRIVE, SHIPPENSBURG, PA 17257. Sworn and subscribed to before me this 18TH day of November, 2014 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County My Commission Expires January 8, 2018 So Answers, Sherifof Dauphin County, Pa. By Dep Sheriff Deputy: JESSICA KARL Sheriffs Costs: $49.25 11/14/2014 SHERIFF'S RETURN - REGULAR CASE NO: 2014-00399 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN WELLS FARGO BANK VS ERIC JOHNSON BRIAN J CRAMER , Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within COMP MORT FORE was served upon JOHNSON ERIC the DEFENDANT , at 0922:00 Hour, on the 1st day of December , 2014 at 100 ELY DRIVE SHIPPENSBURG, PA 17257 ERIC JOHNSON SOUTHAMPTON TOWNSHIP by handing to a true and attested copy of COMP MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 Sworn and Subscribed to before me this day of A7,9/1 03,. I RICHARD 0. , Notary blic Chambersburg Boro., Franklin County My Comm(s6lon Expires Jan., 29, 2015 A.D. IA So Answers: BRIAN J CRAME By 6. Deputy'/Sherif f 12/17/2014 PHELAN AND HALLINAN LLC onnytR Anderson Sheriff Jody S Smith Chief Deputy SHERIFF'S 0 FIC OF CUMBERLAND COUNTY ow of Cnriafirrr.7��4 , OFFICE OFTY.E S'{ERIFF 440 PAD Richard W Stewart Solicitor Wells Fargo Bank v S. Johnson, in her capacity as Administratrix and Heir of the Estate, Laura A (et al.) Case Number 2014-6505 SERVICE COVER SHEET V[Service Details: 0,: Category: w N • LO Civil Action - Complaint in Mortgage Foreclosure Zone: Manner: Deputize Notes: a [Serve To: Name: Laura A Johnson, in her capacity as Admin Primary 400 Boggs Avenue Address: Pittsburgh, PA 15211 Phone: DOB: z Alternate • > Address: i C9 Phone: 0 m Attorney / Originator: v Name: [Joseph Schalk 0 u) c1? 0 U Q a U W...... z Now z 0 rn z x 0 Service Attempts: `Date: Time: Mileage: Deputy: Expires: 12/10/2014 Warrant: [Final Service: Served: Personally • Adult In Charge • Posted • Other Adult In �p Charge: /� � 3u 64_PDreSJ Relation: Date: Deputy: Fq-zo-ly Time: Mileage: /7' Phone: [Notes / Special Instructions: oaAick a0- c6 to e COMMONWEALTH OF PENNSYLVANIA Notarial Seal Eda Jean Woodward, Notary Public City of Pi tsburgh, Allegheny County My Commission Expires May 28, 2016 vael.‘i_a„A MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES 0, 2014 I, S eriff of Cumberland County, Pennsylvania do hereby deputize the Sheriff of Allegheny County ice of the documents herewith and make return thereof according to law. Return To: Cumberland County Sheriffs Office One Courthouse Square Carlisle, PA 17013 ;::,i County 5311E;ii1, Tc soft, If . 1 Ronny R Anderson, Sheriff SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4#Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: -f- auFa A Johnson 6227 Indian Run Parkway Alexandria, VA 22312 COMPLETE THIS SECTION ON DELIVERY re ti ac cress erent from ite 0 Yes .itth delivery address below: ,No r., gna u D. s • coc, \ 0 Agent 4Addressee C. Da{e of Delivery 3. Service Type 0 Certified Mao 0 Priority Mall Express' 0 Registered 0 Return Receipt for Merchandise 0 Insured Mall 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article.Number_ (Transfer from service lane° '''76137-1:1-":t104003 21O4-39 • I PS Form 3811,July 2013 Domestic Return Receipt