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Home My WebLink About09-4546Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Xourtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 199196 WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. SEAN P. CHADWICK 5 OLD COACH LANE CARLISLE, PA 17013-8792 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. oig - ??4 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 199196 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. Lawyer Referral Service: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 File #: 199196 1. Plaintiff is WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: SEAN P. CHADWICK 5 OLD COACH LANE CARLISLE, PA 17013-8792 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/03/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1917, Page 2802. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01/01/2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 199196 6. The following amounts are due on the mortgage: Principal Balance $244,909.00 Interest $7,313.90 12/01/2008 through 07/06/2009 (Per Diem $33.55) Attorney's Fees $1,325.00 Cumulative Late Charges $341.38 08/03/2005 to 07/06/2009 Property Inspections $30.00 Cost of Suit and Title Search 750.00 Subtotal $254,669.28 Escrow Credit ($1,911.92) Deficit $0.00 Subtotal ($1,911.92) TOTAL $252,757.36 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or File #: 199196 Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. 11. Defendants' application for assistance under Act 91 of 1983 has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $252,757.36, together with interest from 07/06/2009 at the rate of $33.55 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By. I4&Grence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquires Andrew C. Bramblett, Esquire Attorneys for Plaintiff File #: 199196 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, being Lot No. 88, as shown on a Plan entitled'Meadowbrook Farms, Final Subdivision Plan, Phase III,' dated October 17, 2000, revised August 12, 2003, and recorded August 21, 2003, in Cumberland County Plan Book 87, Page 99, being bounded and descried as follows: BEGINNING at an iron pin, being an easterly corner of Lot No. 87 and lying in a westerly right- of-way line of Bayberry Road (50 feet right-of-way); thence along said right-of-way, along a curve to the right, having a chord bearing of S 27 degrees 23 minutes 21 seconds E, a chord distance of 112.34 feet, a radius of 175.00 feet and an arc length of 114.36 feet to an iron pin; thence continuing along said right-of-way, along a curve to the left, having a chord bearing of S 14 degrees 40 minutes 30 seconds E, a chord distance of 68.03 feet, a radius of 325.00 feet and an arc length of 68.15 feet to an iron pin; thence S 20 degrees 40 minutes 58 seconds E, 32.91 feet to an iron pin; thence continuing along said right-of-way and along Old Coach Lane (50 feet right-of-way), along a curve to the right, having a chord bearing of S 24 degrees 19 minutes 02 seconds W, a chord distance of 35.36 feet, a radius of 25.00 feet and an arc length of 39.27 feet to an iron pin; thence continuing along Old Coach Lane, S 69 degrees 19 minutes 02 seconds W, 65.74 feet to an iron pin, lying in a northerly line of said right-of-way and being an easterly corner of Lot No. 89; thence along said lot, N 25 degrees 06 minutes 14 seconds W, 157.44 feet to an iron pin, being a northerly corner of said lot and a southerly corner of Lot No. 87; thence along said lot, N 29 degrees 42 minutes 37 seconds E, 125.74 feet to an iron pin, being the place of BEGINNING. File #: 199196 SUBJECT to a 10 feet utility/sidewalk easement along its street frontage. UNDER AND SUBJECT to easements, covenants, reservations, restrictions and right-of-ways of record. BEING the same premises which Worthington Development, L.P., by deed dated January 4, 2005, and recorded January 10, 2005, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 267, Page 410, granted and conveyed unto Courtney Ventures, LP. PARCEL# 21-06-0019-027 PROPERTY BEING; 5 OLD COACH LANE File #: 199196 VERIFICATION The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. DATE: rney for Plaintiff File #: 199196 FILE D-r-l rIC, E OF Tk'E r ir,, -?;r;I? TA!?Y 2004 JUL -8 AIM I I : 21 ;Jf O f 79;-,?O a4 &O- FaM/3 74, All?* D ;L -? ?? R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Sheriffs Office of Cumberland Colt,: ) r J? - Tl Ir ..r ^ rl;,RY ?a??pta* at' ?lrita?ir?l,?r 2GG?? JUi ! 4 A I S lout`' i' j ` Wells Fargo Bank, NA vs. Sean P. Chadwick Case Number 2009-4546 SHERIFF'S RETURN OF SERVICE 07/09/2009 03:51 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on July 9, 2009 at 1551 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Sean P. Chadwick, by making known unto Jeerawan Chadwick, wife of defendant at 5 Old Coach Lane Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $33.40 July 10, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Deput)/Sheriff Cl/ Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, NA Plaintiff VS. SEAN P. CHADWICK Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-4546-CIVIL : CUMBERLAND COUNTY PHS #: 199196 PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP A ey for Plaintiff By: ? L ence T. Phel , Esq., Id. No. 32227 ? Francis S. Hallin , Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ?,9heetal R. Shah-Jani, Esq., Id. No. 81760 [jJenne R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Date: 7-29-09 PHS #: 199196 VERIFICATION Helen Belton hereby states that he/she is Vice President Loan Documentation of WELLS FARGO HOME MORTGAGE, INC., servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, 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: , Helen Belton DATE: 07/07/09 Title: Vice President Loan Documentation Company: WELLS FARGO HOME MORTGAGE, INC. File #: 199196 Chadwick Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack,: Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, NA Plaintiff VS. SEAN P. CHADWICK : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-4546-CIVIL : CUMBERLAND COUNTY Defendant(s) CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: SEAN P. CHADWICK 5 OLD COACH LANE CARLISLE, PA 17013-8792 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: ? L ence T. Phelan, Esq., Id. No. 32227 ?i Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 H 11 eetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Date: 7-29-09 RL ?,?.. 2 is 0 -3 r;:Jf.7 - § istif 0' 3 .7 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, NA VS. SEAN P. CHADWICK Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-4546-CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against SEAN P. CHADWICK, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff s damages as follows: As set forth in Complaint $252,757.36 Interest - 07/07/2009 to 08/18/2009 $1,442.65 TOTAL $254,200.01 I hereby certify that (1) the Defendant's last known address is 5 OLD COACH LANE CARLISLE, PA 17013-8792, and (2) that notice has been given in acc ance th Rule 237.1, copy attached. Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire ,,-15aniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: Pxs # 199196 ?? PROTHONOTARY Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, NA VS. SEAN P. CHADWICK Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-4546-CIVIL VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant SEAN P. CHADWICK is over 18 years of age and resides at 5 OLD COACH LANE, CARLISLE, PA 17013-8792. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ? ancis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff ? Lawrence T. Phelan, Esq., Id. No. 32227 (Rule of Civil Procedure No. 236) - Revised WELLS FARGO BANK, NA VS. SEAN P. CHADWICK 5 OLD COACH LANE CARLISLE, PA 17013-8792 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-4546-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on By If you have any questions concerning th Lawrence T. Phelan, Esquire "Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 "THIS THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINSTPROPERTY. ** WELLS FARGO BANK, NA v Plaintiff SEAN P. CHADWICK Defendant(s) TO: SEAN P. CHADWICK 5 OLD COACH LANE CARLISLE, PA 17013-8792 DATE OF NOTICE: July 31, 2009 COURT OF COMMON PLEAS CIVIL DIVISON NO. 09-4546-CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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. PHS # 199196 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. Office of the Prothonotary Cumberland County Bar Association Cumberland County Courthouse 32 South Bedford Street I Courthouse Square Carlisle, PA 17013 Carlisle, PA 17013 (717) 249-3166 (717) 240-6195 By: Lawrence T. Phelan, d. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 _,--Stfe-etal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 199196 FILED-'OFFiCE OF THE Pc ',')7?-'^N'(DTA€..Y 2009 AUG 19 AM 10= 11 T lly lq,a) Pd PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 WELLS FARGO BANK, NA Plaintiff, V. SEAN P. CHADWICK No. 09-4546-CIVIL Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $254,200.01 Interest from 08/19/2009 - 03/03/2010 $8,232.63 (per diem -$41.79) TOTAL Note: Please attach description of property. $262,432.64 ? La ence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 " ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 07aime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 ° 199196 N CN oo 00 A O r d C14 a O `O ? w o N 00 V1 0.0 (1 a-, CD vi W a N OW00OMC4 n00CzNCV p ai ?a Q' U z o ?zv'Z,,cscq o c? o oz o d P+Z z .tizzy o-0 . o 0 0? ozz czzv z V o ^b? Q .Zzzooz•O tjW bb "t W O W lil I?1 V1 y 6" b ti -mod O O ^ ^ ^ ^ C ++ +0? vOi a, r WwbW'- ?? v°,'ww ?W W ?aWr, O H H° an ,o W W W `? W se - c _°? n o ?; cv ?"? U '? ono U coEA?.0`,?W?a.502 -0 ido c) C) 0 t C4 'C. 0 .2 F- V a 3 .awca?-R -on.1 J, P. U•0Ud py C? ???????????? ???? W yW U w cc; s LJ c i ?i C-i IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA HARRISBURG DIVISION IN RE: SEAN P. CHADWICK, CASE NO. 1-09-bk-01154-MDF JEERAWAN K. CHADWICK DEBTORS CHAPTER 13 ORDER Upon Consideration of Debtors' Motion to Voluntarily Dismiss Chapter 13 Case Pursuant to Section 1307(b) filed on behalf of Sean P. and Jeerawan K. Chadwick, Debtors, the Motion is granted and Debtors' Chapter 13 Bankruptcy case is hereby dismissed. By the Cain t, Ban P , Jaage {JDK} This document is electronically signed and filed on the same date. Dated: June 19, 2009 Case 1:09-bk-01154-MDF Doc 48 Filed 06/19/09 Entered 06/19/09 15:20:41 Desc Main Document Page 1 of 1 FILED,,, OF "NOT ARY 1119 SEP 24 AM to: t; PHELAN HALLINAN & SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION ATTORNEY FOR PLAINTIFF 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, NA CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. SEAN P. CHADWICK Defendant(s). CIVIL DIVISION NO. 09-4546-CIVIL CERTIFICATION The undersigned attorney, hereby verifies that he/she is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsWorn falsification to authorities. ? L rence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ?Andrew L. Spivack, Esq., Id. No. 84439 {'Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 1_' Joshua L Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 ?CE T A t, lo: 4 WELLS FARGO BANK, NA Plaintiff, V. SEAN P. CHADWICK Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS" CIVIL DIVISION NO. 09-4546-CIVIL AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, NA, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 5 OLD COACH LANE, CARLISLE, PA 17013-8792. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) SEAN P. CHADWICK 5 OLD COACH LANE CARLISLE, PA 17013-8792 2. Name and address of Defendant(s) in the judgment: SEAN P. CHADWICK 5 OLD COACH LANE CARLISLE, PA 17013-8792 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Members 1St Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 Members 1St Federal Credit Union P.O. Box 40 Mechanicsburg, PA 17055 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) Middlesex Township Municipal Authority 350 North Middlesex Road; Suite 2 Carlisle, PA 17013 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program Address (if address cannot be reasonably ascertained, please indicate) 5 OLD COACH LANE CARLISLE, PA 17013-8792 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13`h Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authodties. c September 21, 2009 DATE ? ` wrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? ndrew L. Spivack, Esq., Id. No. 84439 Y Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FILED ???=r1CE Tyr " TARY 2009 SEA' 2+4 AN 10: 4, 7 NTY i WELLS FARGO BANK, NA Plaintiff, V. SEAN P. CHADWICK Defendant(s). CUMBERLAND COUNTY No. 09-4546-CIVIL September 21, 2009 TO: SEAN P. CHADWICK 5 OLD COACH LANE CARLISLE, PA 17013-8792 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at 5 OLD COACH LANE, CARLISLE, PA 17013-8792, is scheduled to be sold at the Sheriffs Sale on MARCH 3, 2010 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $25J,200.01 obtained by WELLS FARGO BANK, NA (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. ,IV You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ?F ?F11 TARY 1009 SEP 24 All lo: 4.7 I, Of LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, being Lot No. 88, as shown on a Plan entitled 'Meadowbrook Farms; Final Subdivision Plan, Phase III,' dated October 17, 2000, revised August 12, 2003, and recorded August 21, 2003, in Cumberland County Plan Book 87, Page 99, being bounded and descried as follows: BEGINNING at an iron pin, being an easterly corner of Lot No. 87 and lying in a westerly right-of-way line of Bayberry Road (50 feet right-of-way); thence along said right-of-way, along a curve to the right, having a chord bearing of S 27 degrees 23 minutes 21 seconds E, a chord distance of 112.34 feet, a radius of 175.00 feet and an arc length of 114.36 feet to an iron pin; thence continuing. along said right-of-way, along a curve to the left, having a chord bearing of S 14 degrees 40 minutes 30 seconds E, a chord distance of 68.03 feet, a radius of 325.00 feet and an arc length of 68.15 feet to an iron pin; thence S 20 degrees 40 minutes 58 seconds E, 32.91 feet to an iron pin; thence continuing along said right-of-way and along Old Coach Lane (50 feet right-of-way), along a curve to the right, having a chord bearing of S 24 degrees 19 minutes 02 seconds W, a chord distance of 35.36 feet, a radius of 25.00 feet and an arc length of 39.27 feet to an iron pin; thence continuing along Old Coach Lane, S 69 degrees 19 minutes 02 seconds W, 65.74 feet to an iron pin, lying in a northerly line of said right-of-way and being an easterly corner of Lot No. 89; thence along said lot, N 25 degrees 06 minutes 14 seconds W, 157.44 feet to an iron pin, being a northerly corner of said lot and a southerly corner of Lot No. 87; thence along said lot, N 29 degrees 42 minutes 37 seconds E, 125.74 feet to an iron pin, being the place of BEGINNING. SUBJECT to a 10 feet utility/sidewalk easement along its street frontage. UNDER AND SUBJECT to easements, covenants, reservations, restrictions and right- of-ways of record. TITLE TO SAID PREMISES IS VESTED IN Sean P. Chadwick, adult individual, by Deed from Courtney Ventures, LP, dated 07/22/2005, recorded 08/04/2005 in Book 270, Page 1374. PREMISES BEING: 5 OLD COACH LANE, CARLISLE, PA 17013-8792 PARCEL NO. 21-06-0019-027 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-4546 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK NA Plaintiff (s) From SEAN P CHADWICK (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$254,200.01 L.L.$0.50 Interest FROM 8/19/2009-03/03/2010 (PER DIEM- $41.79) $8,232.63 Atty's Comm % Atty Paid $152.40 Plaintiff Paid Due Prothy $2.00 Other Costs Date: SEPTEMBER 24, 2009 (Seal) /?J,,A?qJZ C is R. Long, Prot By: Deputy REQUESTING PARTY: Name JAIME MCGUINNESS ESQ Address: ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA. 19103 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 90134 AFFIDAVIT OF SERVICE PLAINTIFF WELLS FARGO BANK, NA DEFENDANT(S) SEAN P. CHADWICK SERVE SEAN P. CHADWICK AT: 5 OLD COACH LANE CARLISLE, PA 17013-8792 SERVED CUMBERLAND COUNTY No. 09-4546-CIVIL PHS #199196 Type of Action - Notice of Sheriffs Sale Sale Date: MARCH 3, 2010 Served and made known to SF-fAJ P _014 AWleA. , Defendant, on the 5"?(- day of IVf11/61ta? 200 at -7: 3f , o'clock ?.m., at IoLb QDQ?C.I4 L4/ yE Ltr(,E , Commonwealth of Pennsylvania, in the manner described below: _ V Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'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)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 30 Height 511 " Weight ?7a Race W Sex M Other I, R6M4%e0 6 L L , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. 11MP,IER JY CURTY Sworn to and subs ribed ? OT;%RY PUBLIC before me this _ day c'? ATf; C"r ?<t N' GRS> Y MY COMMISSION f?X 1ftl sM ? CH 7, 2013 Note y f±i?t d k& 200 B D NOT SERVED On the day of 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Is` Attempt: Time: 2nd Attempt: Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of , 200_. Notary: Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 f/1_5- 2009 O12L Ail l i i ~, ,~ JUL 18 2010 \~~ 7 ~"fir 4 "~t ! 'f~~ ,f.~~ T ~~iiOJu~ B9 A~~i1~3~ CUPS` ,~•~Tl' IN THE CURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, NA v. SEAN P. CHADWICK AND NOW, this- ! ~ ` to show cause why an Damages. Rule Returnable ~~ ~'~~ g /~v ~~ Court of Common Pleas Civil Division • CUMBERLAND County No.09-4546-CIVIL RULE _ day of 2010," a Rule is entered upon the Defendant should not be entered granting Plaintiffls Motion to Reassess drey,r a,'~ 8eti,ti,., 199196 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, NA Plaintiff, v. SEAN P. CHADWICK Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS C? ~_ ~., CIVIL DIVISION c' `-' [~ No. 09-4546-CIVIL r.z ~ ~=, ~? {, .s' . ~~.'~ `. AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 ' ~ - - COMMONWEALTH OF PENNSYLVANIA ) _~ c+ CA °'.=? PHILADELPHIA COUNTY ) SS: ~'~~ ° -t As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Ma~rn Receipt stamped by the U.S. Postal Service is attached hereto Exhi it~A' . Date: Z. ~ ~ J ~wrence ,Esq., Id. No. 32227 ^ Francis allinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., ld. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jo es, Esq., Id. No. 86657 ^ P .Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the alaintiff at the Sheriff s Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 199196 Name and Phelan.Halliaaa & Schmieg, LLP Address ~ 1617 JFK Boulevard, Suite 1400 Of Sender One Pem Cents Plaza rn.:~~a..rs oe ~oina xvrier.u _ namamm~ c~r.~c Line Article Number Name of Addressee S sad Poet OAice Addrea i "-',~ Fee 1 ffff TBNANT/OCCUPANT ' ~~ " c: APH2 p - s OLD COACH LANE ~j 't ~n ; r i r CARLiSL PA 17013.8792 t T. 2 ffff Domestic Rebltioos Of ti Camberiaad County \GSpS .. . 13 North Hanover Street Cards PA 17013 3 •*ff Ccma-onwealtb otPeonsyivania ° o Department of welfare ~ ~ N a P.o. Buz 267s Hu-ritb PA 17106 ~ ry ~i ~g 4 *•"* Unltsd States Iotereal Revenue ~[ M Speelal Procedures Branch Federated Iavaton Tower ~~I ~ 13th Fbor, Suite 1300 '' ~ u°C. 1001 I16erry Avenge `y3 ~ N Ptgsb PA 1SZ22 ~, `~ n 5 •••• U.S. Department otJnstiee c Q#taan o 0 3 U.S. Attorney for the Middle Dbtrkt of PA ' Federal Balidlrt, P.O. Box 11734 228 walnut Street Hsrrisba PA 17108 6 Member 1 Federal Credit Uoba P.O. Box r0 Mechaninbu PA 17055 7 Members 1 Federal Credit Unlon 5000 Lonhb Drtve Meehaaksbn PA 17055 S Mhidiese: Tovtnship Municipal Authority 350 North Middlae: Road; Suite 2 Ca PA 17013 9 Towvship Municipal Authority Go: th O. Breanemsn, Esquire ~ 44 ,lltain street oss 10 Farms eowaers AuocLtbn M A 170503682 11 12 SEAN CHAD'WICK C'17MBERY,AND TEAM 3 PHSie 1991% ToudNvmbaro[ Nlombw Pawnaar,Par(Nmof 73eat0 of i m~llda~auo~od rpD4 Pieoa Linsd by Sunda Id PoM ReoeivoiB~lvyw) (er tly noaowretia~afoorpoNabN doa~MSwd~B~-M~admrrM nwort~elie~Ma~w YSli.000 is prp ad~otb•limitdf3001D00 pr,apodrigo~, 7b auodoratada~ewr py~bYmswpaMstn OMfillAieittao. rbe...o~. aa~h syur r snoop ra. »s~.d os, ~r wit ogtood io...fo.. sa nomwtio -t.a w„r xsoos4:r..a ztm~ or Name and Address Of Sender Phelan Hallman & Schmieg, LLP 1617 IFK Boulevard, Suite 1400 One Penn C~aoier Plan PhiLdelnhia- PA 191n3 .rnTiwr.F _ oo~nra ~wr.R Line Article Number Noose otAdd and Port Oslce Address ~~'~ • i Fee 1 rrrw Coasosoaweakh otPennaylvania, r , te , Hama otIadividwl Tax, IubaltaacsTaxDiv4lon ?~ ~ ._,,. .-_ . 6'" Afoor, Strawberry Sq., ~! 'bl . ~ t 18061 KarrMbu PA 17128 QF / 2 Arrr o ~, Internal RlYdltle $erY1Ce '.. rat ~,,f o ~ ~ O Federated iavators Tower ~ ' ~' 1 13~ Floor, Saito 1300 , rN 1001 Liberty Avenge ~ ~ ~ ~ Pittsbu PA ISZZ2 3 rrrr DepattmantotPublic Welfare TPL Caanalty Uaft r ry Fatale Reeovery Program ~ P.O. Box 8486 „ ~ e O~ ~_ ~~ 3 WNIOw ~a~ Bulldiog "4[IM ~ o O i PA 1710.5 4 rrrr 5 Arrr 6 Arrr 7 rrrr g Arrr y rrra 10 Arrr 11 **** 12 rrwr 13 *""" 14 ***" IS **** : SEAN P. CHADWICK CUMBERLAND TEAM 3 PHS# 1991% TobJ Number ToW 14in6e afPi,oO Pa~msrar, Pa (Nmre of The aildwlrtimdv~WsitfagaWdw~admwlfed Wsr~borl m~plnd puyrb Pi~cw [iNed by ..' aeeeivedtPat Oflfu Rreutvi~HmpbYee) for tln rwairbuelioe doo~yoaib daemrW Odm$~pww WOdaauerdnmrbuoliaa Vrrah37D.000 Nr i .1j p we+wNabramadf700.00optaoamow. ThOmmdgo,niodwinhY}ryrblemEapw?ram~dreauYtl00. 7'le smrimm fademilY-~ 4 tTS C00 ar,.o.rnd dl r.r wiY apdairl inwuoow sw DmMisA4tl M~wrl ' A900 S9i3 m 5-31 pcrlimigdpm or ;` `:' , ~ ~ ~ '-,~: ,r `_ 2~~4 rti~`~ ~ ~~ ANA , ~PM H'~ al ~ ~4n ,"'i\~4~ C..iw ~- ~ ..._ Phelan Hallinan &Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Flallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 .ludith T. Romano, Esq., Id. No. 58745 Shcetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivck Srivastava, Esq., Id. No. 202331 .lay B. Jong, I;sq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 nndrew L. Spivack, Esq., Id. No. 84439 .laime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua L Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 nndrew C. Bramblett, Esq., Id. No. 208375 1617 J FK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WILLS FARGO BANK, NA Court of Common Pleas Plaintiff Civil Division v. CUMBERLAND County SCAN P. C'l-IADWICK No.09-4546-CIVIL Defendant CERTIFICATION OF SERVICE 199196 I hereby certify that a true and correct copy of the Rule Returnable dated July 19, 2010 was sent to the following individual on the date indicated below. SEAN P. CHADWICK SEAN P. CHADWICK 5 OI_,D COACH LANE 315 WEST SHADY LANE CARLISLE, PA 17013-8792 ENOLA, PA 17025-2269 Phelan Hallinan & Schmieg, LLP DA I L,: Y• ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, F_.sq., Id. No. 86657 ^ Peter ,1. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ ,laime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 199196 AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, NA PHS # 199196 ~~ DEFENDANT SEAN P. CHADWICK SERVE SEAN P. CHADWICK AT: 5 OLD COACH LANE CARLISLE, PA 17013-8792 SERVICE TEAM/ kxc COURT NO.: 09-4546-CIVIL TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: 09/08/2010 SERVED t~ nn '' ::_` Served and made known to ~~ ~. ~-itA~hW tC.fz ,Defendant on the ~ day of ~, 20 I t5? t;lit ~,p : l l , o'clock ~,. M., at ~S W • 3 -Ilrp~~N£, A ft. E, ENoc.q,PA~in the manner described below: / Defendant personally served. Adult family member with whom Defendant(s) reside(s). !_.: i 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: ~; `Fi ~. a ~'.~ A ~4~j~i ~ r{ 1- 1 s ~.~:: .- .. u t.~~ ~: , ~ _:. Description: Age ~= Height S'/O' Weight !17 S Race w Sex M Other I, ~. ~1~~ N1p ~-a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed '~ ~'A` I S ~~? ~ ~N ~~~"Tl ~ N AISCG~-A 'T~'A~ before me this ~ day ~ / lXvS Q ~ IS Inf , cS!•~1'Dy ~~ ~ ~ ,~., ~Nd1-~, ~~- of , 20j0. N y: OT SERVED Oti the of , 20_, at o'clock _. M., Defendant NOT FOUND because: _ Vacant _ Bad Address _ Moved D~ of Vacant) No Answer Service Refused Other: Sworn to and subscribed obeffore me this ~_ day B y~ Notary: Kl BM ERLY CURTY NOTARY PUBLIC STATE OF 1`fEW JERSEY MY COP~iMISSION E}:PiRES MARCH 7, lOt3 ATTORNEY FOR PLAINTIFF I.awrcooe T. Phelan, Eaq., Id. No. 32227 Fraorh S. IIaOiOm. Esq., Id. No. 62695 Dadel G. Sdunkg, Esq., d. No. 62205 Mirhde M. Bedford, Esq., Id. No. 69849 Judith T. Ranrano, Esq., hL No. 58745 Shedd RShah-Joni, Faq., Id. No. 81768 Jeohre R Davey, Esq., Id. No. 67077 Laoreo R Tdau, Esq„ Id. No.93337 Vivek Srivastava, Esq., W. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peler J. Muh~hy, Esq., Id. No. 61791 Andrew L Spivack, Esq., W. No. 84439 Jahce McGuinness, Esq„ Id. No. 90134 Chrisoglante P. FBakos, Esq., Id. No. 94620 Joshua L GoNmm~, Esq., Id. Nw 205047 Courlemy R Dunq Eaq., Id. No. 206779 Andrew C. Brambldt, Fsa.. Id. No. 20Ri75 One Peon Curter d Subs Stdioo 1617 John F. Kenrrcdy Blvd., SuNe 1400 Philadelphia, PA 19103.1814 (215) 5637000 A~~i~f f ILED-QFElC€ OF THE PROTNONDTARY 2010 OCT I S AM 1~~ 36 CUMBERLAND CQUNTY PENNSYLVANIA Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza, Suite 1400 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 (2151563-7000 Wells Fazgo Bank, NA Plaintiff Vs. Sean P. Chadwick Defendants Attorney for Plaintiff :Court Of Common Pleas Civil Division Cumberland County, Pennsylvania 09-4546 EXCEPTIONS TO SHERIFF'S SALE DISTRIBUTION PURSUANT TO PA.R.C.P. RULE 3136(d) And now comes Plaintiff, Wells Fargo Bank, NA, by and through its counsel, Phelan Hallinan & Schmieg, LLP, and prays that this Honorable Court grant Plaintiff's Exceptions to Sheriff s Sale Distribution for the following reasons: 1. 2 The Plaintiff is Wells Fazgo Bank, NA, the holder of that certain Mortgage dated August 3, 2005 and recorded August 4, 2005 at Mortgage Book 1917, Page 2802 in the Cumberland County Recorder's Office (hereinafter "Mortgage"). A true and correct copy of the Mortgage is attached hereto, made part hereof, and mazked as Exhibit "A." The underlying loan became delinquent and Plaintiff initiated foreclosure proceedings in execution on the Mortgage on July 8, 2009 due to Defendant's failure to tender the monthly mortgage payments due for Januazy 1, 2009 and each month thereafter. Attached hereto, made a part hereof, and mazked as Exhibit "B" is a true and correct copy of the Complaint in Mortgage Foreclosure. 3. Plaintiff obtained a Default Judgment on August 19, 2009, in the amount of $254,200.01. Attached hereto, made a part hereof, and mazked as Exhibit "C" is a true and correct copy of the Praecipe for Default Judgment. 4. Defendant filed a Chapter 13 Bankruptcy on January 13, 2010 at Bankruptcy Docket Number 10-00216, causing the March 3, 2010 Sheriffl s Sale to be stayed. 5. Plaintiff obtained relief from Bankruptcy on February 25, 2010 and pursuant to a Writ of Execution filed on Apri123, 2010, listed the property for the September 8, 2010 Sheriff's Sale. Attached hereto, made a part hereof, and marked as Exhibit "D" is a true and correct copy of the Writ of Execution. 6. On September 8, 2010, the premises located at 5 Old Coach Lane, Cazlisle, PA 17013 (hereinafter "Property"), was sold at the Cumberland County Sheriffls Sale pursuant to the Writ of Execution. 7. The Property was struck down to a third-party bidder for the amount of $283,801.00. 8. On or about October 7, 2010, in accordance with Pa.R.C.P. 3136(d), the Sheriffprovided Plaintiff with a copy of its Schedule of Distribution, which distribution listed the Plaintiff as receiving $270,622.84. Attached hereto, made a part hereof and mazked as Exhibit "E" is a true and correct copy of the Sheriff s Schedule of Distribution. 9. Since the filing of the Complaint, Plaintiff has expended additional sums, including taxes, property maintenance fees, and insurance premiums, relative to the Property to protect its collateral. 10. Plaintiff s expenditures have inured to the benefit of all parties. 11. The total debt owed to Plaintiff is $281,612.87. 12. Plaintiff requests this Honorable Court enter an Order directing the Sheriff to pay Plaintiff the balance due as follows: Principal: $244,909.00 Interest: $ 21,664.29 Escrow Deficit $ 8,204.50 Late Charges $ 139.58 Property Preservation $ 410.00 Corporate Advance $ 6.285.50 Balance due: $281,612.87 13. According to Extraco Mortgage v. Williams, 2002 Pa. Super. 246, 805 A.2d 543 (2002), amounts expended by Plaintiff to protect its collateral since the time of default judgment are recoverable and relate back to the date of the Mortgage for priority. 13. Plaintiff is requesting that the Schedule of Distribution be amended to reflect payment to Plaintiff in the amount of $281,146.76, which is the remainder of funds available for distribution following payment of costs, taxes and municipals. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order amending the Schedule of Distribution to the executing Plaintiff in the amount of $281,146.76, and directing the Sheriff to pay the Plaintiff the balance due of $281,146.76 along with the Sheriff s Deposit Refund of $1,500.00. Respectfully subm' , PHELAN HALL AN AND SCHMIEG, LLP Date: i o - i ~f -. ~ By: Daniel G. Schmieg, Esquire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza, Suite 1400 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 (215) 563-7000 Wells Fargo Bank, NA Plaintiff Vs. Attorney for Plaintiff :Court Of Common Pleas Civil Division Cumberland County, Pennsylvania Sean P. Chadwick . Defendants : 09-4546 BRIEF IN SUPPORT OF PLAINTIFF'S EXCEPTIONS TO DISTRIBUTION FACTUAL BACKGROUND The Plaintiff is Wells Fargo Bank, NA, the holder of that certain Mortgage dated August 3, 2005 and recorded August 4, 2005 at Mortgage Book 1917, Page 2802 in the Cumberland County Recorder's Office (hereinafter "Mortgage"). The underlying loan became delinquent and Plaintiff initiated foreclosure proceedings in execution on the Mortgage on July 8, 2009 due to Defendant's failure to tender the monthly mortgage payments due for January 1, 2009 and each month thereafter. Plaintiff obtained a Default Judgment on August 19, 2009, in the amount of $254,200.01. Defendant filed a Chapter 13 Bankruptcy on January 13, 2010 at Bankruptcy Docket Number 10-00216, causing the March 3, 2010 Sheriff's Sale to be stayed. Plaintiff obtained relief from Bankruptcy on February 25, 2010 and pursuant to a Writ of Execution filed on April 23, 2010, listed the property for the September 8, 2010 Sheriff's Sale. On September 8, 2010, the premises located at 5 Old Coach Lane, Carlisle, PA 17013 (hereinafter "Property"), was sold at the Cumberland County Sheriff s Sale pursuant to the Writ of Execution. The Property was struck down to a third-party bidder for the amount of $283,801.00. On or about October 7, 2010, in accordance with Pa.R.C.P. 3136(d), the Sheriff provided Plaintiff with a copy of its Schedule of Distribution, which distribution listed the Plaintiff as receiving $270,622.84. Since the filing of the Complaint, Plaintiff has expended additional sums, including taxes, property maintenance fees, and insurance premiums, relative to the Property to protect its collateral. Plaintiff s expenditures have inured to the benefit of all parties. The total debt owed to Plaintiff is $281,612.87. Plaintiff is requesting that the Schedule of Distribution be amended to reflect payment to Plaintiff in the amount of $281,146.76, which is the remainder of funds available for distribution following payment of costs, taxes and municipals. II. LEGAL AUTHORITY Pennsylvania Rule of Civil Procedure 3136(d) allows a party to file Exceptions to the Sheriff s proposed Schedule of Distribution within ten days of the date of posting of the proposed schedule. In the instant case, Plaintiff has filed timely exceptions. The Superior Court of Pennsylvania held in the case of Extraco Mortgage v. Williams, 2002 Pa. Super. 246, 805 A.2d 543 (Pa. Super. 2002), that payments for taxes and insurance, and through implication, other costs collectable under the Note and Mortgage, made by a senior lienholder following the entry of default judgment on its Mortgage relate back to the date of mortgage for the priority. In the instant matter, Plaintiff has expended additional sums, including taxes, property maintenance fees, and insurance premiums, relative to the mortgaged property to protect its collateral. In accordance with the holding in Extraco Mort~a~e, these amounts are recoverable upon the distribution of sale proceeds and take priority over any amounts owed to junior lienholders as the expenditures have inured to the benefit of all parties. Additionally, this Court has plenary power to administer equity according to well settled principles of equity jurisprudence cases under its jurisdiction. Cheval v. City of Philadelphia, 116 Pa. Super. 101, 176 A. 779 (Pa. Super. 1935). Moreover, it is well settled that Courts will lean to a liberal exercise of the equity power conferred upon them without encouraging technical niceties in the modes of procedure and forms of pleading. Gannett v. Trout, 380 Pa. 504, 112 A.2d 333 (Pa. 1955). Plaintiff submits that this Court should exercise its equity and discretion to allow the instant motion to be heard as it was promptly filed in anticipation of the distribution of proceeds of sale in this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order amending the Schedule of Distribution to the executing Plaintiff in the amount of $281,146.76, and directing the Sheriff to pay the Plaintiff the balance due of $281,146.76 along with the Sheriff s Deposit Refund of $1,500.00. Respect d, PHELA A ~ AN AND SCHMIEG, LLP Date: t ~ ~i y it c7 By: Daniel G. Schmieg, Esquire Attorney for Plaintiff EXHIBIT "A" ~~ ~~~ I . ._~Lnii~,. ~F ~-.._.. ... .~_ 1G4S ~?L++~ 'i fl~1 li 1~ Prepared by: LAKEiBNA N. THOMPSON WELLS FApGO BANK, NA. PO 60X 1629 NfN~iEAPOUS, MN 55A02- Return Ta: WENS FARGO BAN N.A. FiNAi. RgCI>~NT'$~470 10iq„BLUE GEN~'!AN ROAD EAGAN, IIMi 56121.1663 Promises: C~ ~ _ Parcel Number: space above This une For Recor~ng Data ~~ MORTGAGE DEFINiT10NS Words used in multiple sections of this document are defined bebw and other words are defined in Sections 3, 11, 13, 1B, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A} "Security InsbvnlettC means this document, which is dated AUGUST 3, 2005 , together with ail Riders to this document. {B} "Borrower" is Edli~inR;Oi'1AD91FICK Borrower is the mortgagor under this Security Instrument. (C} "Lender" is WELLS FARGO BANK, NA. Lender is a Naticn~i Associaficn organized and existing- under the laws of 7HE UNITED STATES OF A~RfCA PENNSYLVANIA- Sin91e Famil Mam-~ddie Mae i1NiFOAM lltil'RUM@IT P~ye 1 of 18 IniUAls: FOii1A 708- 1101 SPAO'U1 Rev 06/OV85 02/18/2009 9:27:52 AM CUMBERLAND COUNTY Inst.# 200528374 -Page 1 of 19 l~.nder's address )s P. O. 'BOX 5'137, DES MOINES, IA 5ti806-6137:. Lender is the mortgagee under this Security instrument, (D} `Meta "means the promissory note signed 6y Borrower and dot ~<AA~t i4lST &:ZOQ6 The Note states that Barrawer owes Lender 'ryMQ HiJNpAED SIXTY SAND AND '~ NO~tOO Daltars (U.S. S .~~t444,QQ.......,...j plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the delft in futl nd later than .. t'- (E) "Property" means the property that is described below under the heading 'Transfer ot; Rights in the Property." (F} "iwin" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G} "t3iders" means alt Riders to this Security Instrument that are executed by Borrower. The falbwing Riders ace to be executed by Borrower [check box as applicable]: (~ Adjustable Rate Rider ~ Condominium Rader OSecond Home Rider [~ Balloon Rider Q Planned Unit Deve{opment Rider Q 1-4 Family Rider Q VA Rider Q Biweekly Payment Rider [] Qther(s) (specify] (H) "Applkabla Law" means elf controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules. and orders (that have the effect of isw) as welt as ail applicable final, non-appealable Judicial opinions. (I) "t:arnmunity Associatiat Dua, Fws, and Assessmsnb" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J} "E'Isctronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terming{, telephonic instrument, computer, or magnetic tape sa as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not Ifmited to, point-of-sale transfers. automated teller machine #ransactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K} "Escrow 1t~ams" means those items that are described in Section 3. (L} "M-acetlansous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the caferages described in Section 5} 1Ffr: (I) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii} conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value andlor condition of the Property. (M) "Mortgage Insurance" means Insurance protecting Lander against the nonpayment of, or defauR on, the Loan. (N) "Pertodlc Payment" means the regularly scheduled amount due for (i) principal and interest under the. Note, plus (ii) any amounts. under Section 3 of this Security Instrument. SPA02 Aev lY/18/00 Papa 2 of 70 InCi~lc FARM 6030 1/01 e~~:~~~ 1~2a.a~. 02/t8/2009 9:27:52 AM CUMBERLAND COUNTY hst.# 200528374 -Pape 2 of 19 {O) "RESPA" means the Real Estate Settlement Procedures Act (12 ti.S.C. Section 2601 et seq.) and its implementing regulatbn, Regulation X {24 C.F.R. Part 3500), as they might be amended from time #o time, or any additbnai or successor iegisiafion or regulation that governs the same subject matter. As used !n this Security Instrument, 'RESPA" refers to ail requirements and restrictbns that are imposed in regard to a "federally related mortgage loan' even i#the t.oan does not qualify as a "federally related mortgage ban' under RESPA. (P) "Successor b interest of Botroww' means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note andlor this Security instrument. . TRANSFER OF RIl3HTS iN THE PROPERTY This Security instrument secures to Lender. (i) the repayment of the loan, and all renewals, extensions and modificatbns of the Nate; and (fly the perkonmance of Borrower's convenants and agreements under this .Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the ir~Uowing described property located in the of r: t3ti~ERlrAND [T i:o~ding Jurisdictionl [Name of Recording Jurisdiction) . LEGAL. DESCRIPTION IS ATTACHED HERETO AS SCHEDUf.E °A" AND MADE A PART HEREOF. THIS 15 A PURCHASE MONEY MCIRTGAGE. which currently has the address of ~QLD COACH"LANE ~ [Street] CIkRl.IStE [Cinrj, Pennsylvania 1:7!013 [Zip Codej (')*r`~peity Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. Atl of the foregoing is referred to in this Security Instrument as the 'P rty.' srwa; Rw ivosroo ray. a of to miuais: POR111lOaY trot :~-17~2[7~~ a 02/18/2009 9:27:52 AM CUMBERLAND COUNTY Inst.# 200528374 -Page 3 of 19 BORROWER COVENANTS that Borrower is Lawfully seised of the estate heroby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants. and wiH defend generally the title to the Property against ail claims and demands, subject to any encumbrances of record. THIS SECURtTY INSTRUMENT combines unitnrm covenants for national use and non- uniform covenants with limited variations by jurisdicdion to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as folbws: 1. ParitMnnt of PrfiAdpal, {~sntat, Escrow IINms, Pfepir~lntant C{urgtara, and L.ab ChnQtas. Borrower shall pay wfien due the principal: ot, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note.- Borrower shall also pay funds for Escrow teems pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made to U.S, currency. However, ff any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid. Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one ar more of the following forms, as selected by Lender. {a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check. is drawn upon an lnstitutior- whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Sect(on 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or part(af payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to appty such payments at the time such payments ere accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplled funds. Lender may hold such unspplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so wkhin a roasonabie period of time, Lander shalt ekher apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to lbrecbsuro. No offset or claim which Barrawer might have now or In the tuturo against Lender shall rolieve Borrower from making payments due under the Nate and this Security Instrument or performing the covenants and agroements secured by this Security Instrument. 2. App(kation of Payments. or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; {c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be appifed first to late charges, second to any other amounts due under this Security Instrument, an hen to reduce the principal SPA04 Rov tl/03/00 Papa ~ or 16 lnitlalsti PDI~A 90SSr 1101 ~~ ~~ ~ f 762 8;p 02/18/2009 9:27:52 AM CUMBEREAND COUNTY Irtst# 200528374 -Page 4 of 19 balance of the Nota. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. ff mare than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in lull. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Nate.. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Nate shalt not extend or postpone the due data, or change the amount, of the Periodic Payments. 9. F~tds for farrow fiteitts. Borrower shall pay to lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the 'Funds') to provide for payment of amounts duo for. {a} taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c} promfums for any and all insurance required by Lender under .Section 5; and {d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These Rems are called 'Escrow Items." At orfglnation or at any time during the .term of the t.oan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender a!I notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow items unless Lender waives Borrower's obligation to pay the Funds 1br any or alt Escrow Rems. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow items at any time. Any such waiver may only be in writing. in the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Rems for which payment of Funds has been waived by. Lender and, if lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shalt for all purposes be deemed !a be a covenant and agreement conta(ned in this Security instrument, as the phrase 'covenant and agreement` is used in Section 9. If Borrower is obligated to pay Escrow hems directly, pursuant to a waiver, and Borrower fails to pay the amount due fiat an Escrow Item, Lender may exercise its rights under Seaton 8 and pay such amount and Borrower shalt then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or alt Escrow Rems at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then requirod under this Section 3. Lender may, at any time, collect and hold Funds in an amount {a) suiflcient to permit Lender to apply the Funds at the tame specified under RE3P nd (b) not to exceed the SPA05 Fiav 11/D9/oo Papo i of 18 InNiats: FORM 00.'rY 1/pt ~~ ~ 17flG28:fl~. 02/18/2003 9:27:52 AM CUMBERLAND COUNFY Inst.#200528374 -Page 5 of 19 maximum amount a under can require under RESPA. Lender shall estimate the amount of Funds due ~ the basis of current data and reasonable estimates of expendituros of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an inatRutlon wlwse deposits are so Insurodj or in soy Federal Home Loan Bank. tender shat! apply the Funds to pay the Escrow Rems no later than the time specified under RESPA. Lender shall not charge Borrower br holding and. applying the Funds, annually analy2ing the escrow account, or verifying the Escrow Rems, unless Lender pays Borrower lnterost on the Funds and Applicable Law permRs Lender to make such a charge. Unless an agroement is made in writing ar Applicable Law requiros interest to be paid on the Funds, Lender shall not be required to pay Harrower any interost or earnings on the Funds. Bcxr+owar and Lender can agree in writing, however, that lnterost shall be paid on the Funds. Lander shall give to 8onrbwer, without charge, an annual accounting of the Funds as required by RESPA. 1f there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess toads in armrdance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency at Funds held in escrow, as defined under RESPA, Lender shall ndify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges: Ltans. Borrower shah pay ail taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any. and Community Association Dues, Fees, and Assessments, It any. To the extent that these Rems are Escrow items, Horrower shall pay them in the manner provided In Sectbn 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: {aj agrees in wrRing to the payment of the obligation sacurod by the lien in a manner aocsptabb to Lander, but only so long as Borrower is performing such agreement; (b} contests the lien in good faith by, or defends against enbrcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the •niorcement of the lien while those proceedings aro pending, but only until ouch proceedings are concluded; or ~cj secures from the holder of the lien an agroement satisfactory to Lender subordinating the Ilan to this Security Instrument. If Lender determines that any part of the Property is subject to a Tien which can attain priority over this SecurRy Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Harrower shall satisfy the lien or take ono or more of the actions set forth above in this Section 4. Lander may require Borrower to pay aone-time charge for a real estate tax verification and/or reporting service used by Lander in connection with t Loan. SPAa6 Rev 1a/a5/00 Pays a of tE Inltiaia FaRli ~ t/01 ~_~ ~ ~ 7fU~~il~ ~T_ ~ ~-~- 02/1812009 9:27:52 Anti CUMBERLAND COUNTY Inst#200528374 -Page 6 or 18 6. Property Inwranea. Borrower shaii keep the improvements now existing or hereafter erected on the Property insured against toss by fire, hazards included within the term "extended coverage," and any other hazards Including, but not limited to, earthquakes and floods, 1br which Lender requires insurance. This Insurance shall be matMalnsd in the amounts (including deductible levels} and for the periods chat Lender requires. Wt-at Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove 8orn~irer`s choice, which right shall not bs exer+cised unreasonabty. Lender may require Borrower to pay, in connection with ibis Loan, either. (a) a one-time charge for Hood zone determination, certification and. traddng services; or (b} a one-time charge for flood zoos deternninatton and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in eonnedbn with the review of any flood zone. determination resulting from an objection by Borrower. if Borrower faits to maintain any of the ,careragss described above, Lender may obtain insurance coverage, at Lender's optbn and Borrower's expense. Lender is under no obiigatlon to purchase any particular type or amount of coverage. Therefore, such coverage shaii cover Lender, but might or might not protect Borrower, Borrower's equhy in the Property, or the contents of the Property, against any risk, hazard or Qabilfty and might provide greater ar lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additbnal debt of Borrower secured by this Security Instrument. These amounts shaii bear interest M the Note rate from the date of disbursement and shat! be payable, with such interest, upon notice from Lenderto'Borrowerrequesfing payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shalt include a standard mortgage clause, and shall name Lender as mortgagee andlor as an additional bas payee. Lender shall have the right to hold the policies- and renewal oertiflcatss, ff Lender requires, Borrower shall .promptly glue to Lender all receipts of paid premiums and renewal notices. K Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of. -the Ptoperty, such policy shalt Include a standard mortgage clause and shall name Lender as mortgagee andlor as an additbnal foss payee. In the event of toss, Borrower shall give prompt notice to the insurance carrier and Lander. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and torrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by lender, sheik be applied to restoration or repair of the Property, If the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period. Lender shalt have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such lnapectwn shall be undertaken promptly. Lander may disburse proceed the repairs and restoration SPA07 {~ 1tU05l00 Pegs 7 ar 19 Initials: ~Orut 901Y 1/01 Bit ~ 9 i 7 PG ~ 8 ~~, 9 02!1812009 9:27:52 AM CUMBERLAND COUNTY Inst.#200528374 -Page 7 of 19 in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interost to be paid on such insurance proceeds, Lender shall not be roquirod to pay Borrower any interost or earnings on such proceeds. Fees 1br public adjusters, or other third parties, retained by Borrower shalt not be paid out of the insurance proceeds and shalt be the sole obilgatlon of Borrower. K the restoration or repair is not economically feasible ar Lender's security would be ba lessened, the insurance proceeds shalt be applied to the sums securod by this Security Instrument, whether ar not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shah be applied in the ardor provided br in Section 2. If Borrower abandons the Property, lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender tha# the insurence carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 3O-day period will begin when the notice Is given. !n either evens, or if Lender acquiros the Property under Section 22 or otherwise, Bomower hereby assigns to Lender (s) Borrower's rights to any tnsuronce proceeds in an amount not to exceed the amounts unpaid under the Note or this Security instrument, and (b) any other of Borrower`s rights (other than the right to any refund of unearned premiums paid by Borrower? under all insurance policies covering the Property, insofar as such rights aro applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair ar restore the Property ar to pay amounts unpaid under the Note ar this Securityt tnsirument, whether ar not then due. 6.Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 8t) days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shalt not be unreasonably wRhheid, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Prwsrvatton, Maintsnancs and Pt+olsctbn of tits Property; Ir~apsctlone. Borrower shall not destroy, damage ar impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether ar not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not eoonamicafly feasible, Borrower sha0 promptly repair the Property if damaged to avoid further deterioration ar damage. If insurance ar condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responai6le for repairing or restoring the Property only ff Lender has released proceeds for such purposes. Lender may disburse proceeds for the ropalrs and restoration in a single payment or in a series of progress payments as the work is completed. H the insurance or condemnatbn proceeds aro not sufficient to ropair or restore the Property, Borrower is not relieved of Borrower's. obligation for the completion of such repair or restoration. Lender or fts agent may make reasonable entries upon and inspectbns of the Property. If it has reasonable cause, Lender may inspect the interiar a improvements on the SPP~DO Rw 10!05/00 Paps b of 18 IMttala: r~rtat ~ 1/01 ~ 1-9 l 7PG28Qg 02H8/2009 9:27:52 AM CUMBERLAND COUNTY ~nst.# 200528374 -Page 8 of 19 Property. Lender shah give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Appiir;atJon. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entitles ailing at the direction of Borrower or wRh Borrower's ~knowlsdge or consent gave materially false. misleading, or inaccurate information or statements to Leader {or tailed to provide Lender with material information) in connection with the Loan. Material ropraaentat(ons include, but are not limited to. representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 8. <Proimsctlon d Lender's Interest Ir- tlfre Pr~operLy and ItlgMs thrRlar thla SecuHty tnstrumant. If {a) Borrower fails. to psrbrm the covenants and agraementa contained in this Security Instrument, {b) there is a Isgal ptacseding that might slgniticantiy affect Lender's interest in the Property and/or rights under this Security Instrument {such as a proceeding in bankruptcy, probate, for condemnation or brfei#ure, for enforcement of a lien wh[ch may attain priority over this Security instrument ar to enforce laws or regulations), or (c) Borrower has abandoned the Pr+oparty, than Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest In the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property. and securing and/or repairing. the Property. Lender's actions can Include, but era not limited to: (aj paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Secur(ng the Property includes, but is not limfted to, entering the Property to make repairs, change locks, replace or board up doors end windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or oR Although Lender may take action under this Section 9, Lender does not have tv do so and is not under any dory or obligation to do so. it is agreed that Lender incurs no liability for not taking any or alt actana authorized under this Section 9. Any amounts disbursed by Lender under this Sectbn 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the dale of disbursement and shall be payable, with such interest, upon notice tram Lender to Borrower tequesting payment. if this Security Instrument is an a leasehold, Borrower shalt comply with s!i the provisions of the lease. ff Borrower acquires tee title to the Property, the leasehdd and the fee title shalt not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If lender required Mortgage Insurance as a condition of making the Loan, Borrower shalt pay tl-e premiums required to maintain the Mortgage insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was. required to make separately designated .payments toward the premiums for Mortgage Insurance, Borrower shall pay the premium required to obtain coverage substantially equivalent to the Mortgage Insurance previously affect, at a cost SPA08 Rev 41/13/00 Pa0~ 801 19 IpNialr. r FoR~13W9 1/01 x•:19 !. l PG 2 8 ~• -• 02H8/2009 9:27:52 AM CUMBERLAND COUNTY Inst# 200528374 -Page 9 of 19 substantially equivalent to the cost #o Borrower of the Mortgage Insurance prevtousty in effect, from an alternate mortgage insuror saleded by Lender. tf substantiatiy equiva~rtt Mortgage insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender wilt accept, use and retain these payments as a non-refundable loss reserve [n lieu of Mortgage tnsurance. Such ices reserve shalt be non-refundable, notwiths#anding the fact the the Loan is ultimately pak! in futl, and lender shalt not be roqulrod to pay Borrower any interest or earnings on such loss roserve. Lender can no bnger require toss roaerve payments if Mortgage Insurance coverage (in the amount and for the perbd that Lender r~equiros} provided by an insuror ssieded by Lender again becomes available, is obtained, and Lender requires separately designed payments toward the premiums for Mortgage Insurance. H Lender roqulrod Mortgage. Insurance as a conditbn of making the Loan and Borrower was required to make separately dealgned payments toward the premiums for Mortgage Insurance, Borrower shall pay the promtuma requirod to maintain Mortgage Insurance in effect, or to provide anon-refundable ions reserve, until Lender's roquiremeni for Mortgage Insurance ends in accordance with any written agroement between Borrower and Lender providing for such termination or until termination is required by Applirx-ble Law. Nothing irt. this 3edbn 10 affects Borrower's obligation to pay interost at the rate provided in the Note. Mortgage Insurance reimburses tender (or any entity that purchases the Notej for certain bsses it may incur if Borrower dons not ropey the Loan as agreed. Borrower is not a party to the Mortgage Jnsurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce lasses. These agreements are on terms and ~ndltians that are satis~ctary to the mortgage insurer and the other party (or parties) to these agreements. Those agreements may require the mortgage insurer to make payments using eny source of funds that the mortgage insuror may have available (which may include funds obtained from Mortgage insurance promiums). As a result of these agroements, Leader, any purchaser otthe Note, another insurer, any rofnsuror, any other entity, or any afiffate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a pordort of Borrower's payments far Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. ff such agreement pr+ovidss that an affiliate of Lender takes a share of the insuror's risk in exchange for a share of the promiums paid to the insurer, the arrangement is oRen termed 'captive reinsurance.` Further: (a} Any such agreements wlN not afloat the arrrotretts that eon+owar has agreed to WY far Matgaga insuranw, or anY other terms +ot the Loam. Such agraerrrmrts wilt not irrtxrasa tM amount Borrower wilt owe for Morfiyape Insurance, and th.y will not etttWe eurrower tD any rotund. (b? Any such ayreeKaerrb will not atfarx the ruts 13orrowar has - ff any -with rospect to the MorbgaQe tnwrance ender the Homwlrrrrers Probction Act of 1196 or any other taw. Those rights pray Include the right to rawiw ceroab disc do ngttest and obtain SPA/0 ROV 11/19100 Paps 10 of 16 Millais: t~It1A 9039 t/Ol ~~ 917PG2$t~ t': 02/18/2009 927:52 AM CUMBERLAND COUNTY Inst# 200528374 -Page 10 of 19 cancellation of ttw Marbyage lrarrrairee, to haw the Insurance tanninaAfed aulorrWttlcalty, and/or to recelw a raesuird at any ~ilorlOpe li~rrance promfunis trot were unearned at the tlnw d such canoeMaUon or brmiudlon. 'tt. Msigrarrati! d tlillerelhmaous Proceeds; ~'orlsi6ure. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. if the Property is damaged, such Miscellaneous Proceeds shell be applied to restoration or repair of the Property, if the restoratbn ar repair Is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds untN Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfitdion, provided that such. Inspection shah be undertaken promptly. Lender may pay for the repairs and restoration. In a single- disbursement or in a series- of progress payments as the work is completed. Unless an agreement is made In writing ar Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shah not be required to pay Borrower any interest ar earnings on such Miscellaneous Proceeds. If the restoration or repair is not ec~nomic~tiy feasible or Lender's security would be lessened, the Miscellaneous Proceeds shah be applied to the sums secured by this Security Instrument, whether or not thon due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. fn the event of a total taking, destruction, or bas in value of the Property, the Miscellaneous Proceeds shah be applied to the sums secured by this Security instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or lass in value is squat to or greater than the amount of the sums secured by this Security instrument immediately before the partial taking, destructbn,~ or toss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or lose in value diWded by (b) the fair marltet value of the iroperty immediately before the partial takMg, destruction, or bss in value. Any ba{ante shall be paid to Borrower. in the event of a partial taking, destruction, or loss in value of the Property in whkh the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or bss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. ff the Property is abandoned by Borrower, ar if, alter notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, t3arrower fails to respond to Lender within 90 days alter the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secu , y this Security instrument, 8PA11 My 11N3/OQ Pays 11 or to InitalK FoR~I ~ tlel r i~fl ~ ~ '! ~ ! 47 ~ 11 f L i .... 02/18/2009 8:27:52 AM CUMBERLAND COUNTY Inst.# 200528374 -Page 11 of 19 whether or not than due. 'Opposing Party" means the third party that awes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in rogard to tVNacellaneous Proceeds. Borrower shall be in default if any ad'ron or proceeding, whether civic ar criminal, is begun .that. in Lender's Judgment, could rosuk In fo:fekure of the Property or other material impairment of Lender's intarost in the Property or rights under this Securty inatnlment. Borrower can cure such a default and, if acce{sration has occurrod, reinstate as provided in Section 19, by causing the action ar proceeding to be dismissed with a ruling that, in Lender's Judgment, precludes forfiekure of the Property ar other material impairment of Lender's interest in the Property ar rights under this Security tnstrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest !n the Property aro hereby assigned and shalt be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12.8arower Hot FleMased; Fcrtbearance By Lander Not a Waiver. Extension of the time for payment or modification: of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interost of Borrower shalt not operate to release the liabpky of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in 1»terest of Borrower or to refuse to extend Time far payment or otherwise modify amortization ofthe sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in tntenest of Borrower. Any irirfiearance by Lender in exercising. any right or remedy including, wkhout Itmitation, Lender's acceptance of payments tnom third persons, entities or. Successors in Interest of Borrower ar in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. iS. Jolet and Several Ua6Nity; Co-eipnaa; Suaceoartrs and ILssigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and severel. However, any Borrower who co-signs this Securky Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest In the Property under the terms oithis Security instroment; (b) is Wort personally obligated to pay the sums secured by this Security instrument; and (c} agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations witfi regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provision of Section 18, any Successor in interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and Is approved by Lender, shaft obtain all of Borrower's rights and benefits under this Security instrument. Borrower sha41 net be released frrnn Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shalt bind (except as provided in Section 2D) and. benefit the successors and assigns of Lender. 't4. Doan Charyas, tender may charge Borrower fees for services performed in connection wkh Borrower's defauk, for the purpose of prole Lender's interest in lfie 8PA12 nev 111'RrP00 Payt 12 or 18 MRrala FOgM ~ 1/01 ~:~.~ ~ 7PG28"i 3~~ -----.T._ .... . . 02N8/2009 9:27:52 AM CUMBERLAND COUNTY Inst# 200528374 -Page 12 of 19 Property and rights under this Security Instrument, including, but nil limited to, attorneys' fees, property inspection and vatuatbn fees. In regard to any other fees, the absence of express authority In this Security Instrument to charge a spsciifc fee to Borrower shall not be construed as s prohibition on the charging of a tbe. Lender may nil charge fees that are expressly prohibited by this Security Instrument or by Apptica6le I,.aw. Ifthe Loan is subject to a law which sets maximum loan charges, and that law is finally Interproted so that the interest or dhsr ban charges caNected ar to be cdtected in connection with the Loen exceed the permitted limits. then: (a) any such loan charge shall be reduced by the amount necessary to roduce the char+pe to the permitted limit; and (b) any sums already oolteded from Borrower which exceeded .permitted ltmfis will be refunded io Borrower. Lender may choose to make this refund by reducing the prindpal owed under the Note or by making a dared payment to Borrower. It a rotund reduces principal, the redudbn will 6e treated as a .partial prepayment without any propaymsnt charge (whether or not a prepayment charge is provided for under the Ndej. Borrower's acceptance of any such refund made by direct payment to borrower wail constitute a waiver of any right of action Borrower might have arising out of such overcharge. 13. Notices. AIt notices given by Borrower or Lender in connectbn with this Security Instrument must be In writing. Any notice to Borrower in oonneillon with tfiis Security Instrument shalt be deemed to have been gh-en to Borrower when mailed by first class mai! or when aduapy delivered to Borrower`s ndica address. If sent by dher means. Ndica to any one Borrower shad constitute ndica to all 9orrowers unless Applicable Law exprossly requires otherwise. The ndica address. shall be the Property Addroaa unless Borrower has designated a substitute ndica address by ndica to Lender. Borrower shah promptly ndity Lender of Borrower's change of address. If Lender specfies a procedure for roporting Borrower's change of address, then Borrower shall only report a change of addross thtqugh that specified- procedure. There may be only one designated notice addross under this Security instrument at any one time. Any ndica to Lender shall be given by delivering h or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any ndica in connection with this Security Instrument shall not be deemed to have been given to Lender unto actually roceived by Lender. tf any notice required by this Security Instrument is also requirod under Applicable Law, the Applicable Law requiroment will satisfy the corresponding requirement under this Security Instrument. 16. Gawrttirp Law; Severabfltt`y; l~ulea of Col~clfaa. This Security Instrument shall be governed by federal law and the law of the jurisdktbn in which the Property is located. Atl rights and obligations contained in this Security Instrument era subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by colrtrad or it might be silent, but such silence shall not be construed as a prohibition against agreement by contrail. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law,' such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. SPA73 Rev tt/o3/o0 P~ye 73 at 20 InltlNa FORM ~O~e 1101 B~ 1 ~ f 7PG2d~# Q2/t8J2009 9:27:52 AM CUMBERLAND COUNTY Inst.# 200528374 -Page 13 or 19 As used in this Security tnstrument: (a} words of the masculine gender shall mean and Include corresponding neuter words or worts of the feminine gender, {b} words in the singular shall mean and include the plural and vice versa; and (c} the ward 'may" gives sole discretion without any obligation to take any action. 17. Sorraowsr's Copy. Borrower shalt be given one copy of the Note and of this Security instrument. 18. Transfer of the Property or a BsnsAdrtl ir-Mrrtst M 8csrrorrer. As used in this Section 18, "Interest in the Property' means any legal or beneftcial interest in the Property, including, but nil }invited to, those- beneficial interests transferred In a bond for deed, contrail for deed,lnstaUment sales cantrad or escrow agreement, the intent ~ which Is the transfer of lifts by Borrower at a future date to a purchaser. if all or any part of the Property or any Interost in the. Property Is soW or transferred (or if Borrower is not a natural person and a benefrciel interest in Borrower is sold or transferred) without Lender's prior written consent, Lendec may require immediate payment in full of al{ sums secured by this Security instrument. -~wevec, this option shall not be exercised. by Lander ifsuch exercise is prohibited by Applicable Law. if Lender exercises this optbn, Lender shalt give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the ndice is given in acccXdance with Section tS within which Borrower must pay all sums secured by this 5ecurrty instrument. K Borrower fails to pay these sums prior to the expiration of this .period. Lender may invoke any remedies permitted by this Security Instrument without further ndica or demand. on Borrower: 79. Borrowor's Right to tislrtsfita AtMr Aoceteraflon. If Borrower meets certain conditions, Borrow®r shall have the right #o have enforcement of this. Security Instrument discontinued at any time prior to the earliest of: (a) fi+e days before sale of the Property pursuant to any power of sale con#ained in thts Security instrument; {b) such dher period as Applicable Law might apecifSr for the terminatbn of 33orrower`s right to retnstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditbns are that Borrower: (a} pays Lender ail sums which than would be due under this Security instrument and the Nate as if rto acceleration had occurred; (b) cures any default of any dher covenants yr agreements; (c} pays all expenses incurred in enforcing this Security Instrument. including, but not limited to, roasonabls attorneys' lees, property inspection and valuation flees, and dher fees incurred for the purpose of pr+dscting Lender's interest in the Property and rights under this Security Instcumer-t; and (d} takes such adior- as Lender may roasonabty require to assure that Lender's interest in the Property and rights under this Security tnstrvmont, and Borrower's obligation to pay the sums securod by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender. (a} cash; (b} money order, (c) certified check, bank check, troasurer's check or cashier's check, provided any such check indrawn upon an inatkutton whose deposits aro insured by a federal agency. instrumentality or entity; or (d} Eiec#ronic Funds Transfer. Upon reinstatement by Borrower, this Security instrument and obligations securod heroby shalt remain fully effective as if no acceleration had occurred. However, this right to reinstate a not apply in the case d SPAi~ Aw 1?/27/00 Puy 14 of 16 InlM~la r'ORM ~03i 1101 ~''i ~ ~ ~ I U ~ Y ~~ 5~ 02/18/2009 9:27:52 AM CUMBERLAND COUNTY inst.# 200528374 -Page 14 of 19 acceleration under Section 18. 2i3. Sslle d Note; Ghange of LAan Servioer; Nctlce d Grieranci. The Nota or a partial interest In the Nate {together with this Securhy Instrumenq can be sold one or more times without prior notice to Borrower. A sale might result (n a change in the enlity (known as the "Loan Servlcer") that collects periodic Payments due under the Note and this Security lnshument and performs other mortgage ban servicing obligations under the Nde, this Security instruments and Applicable Law. There also might be one or more changes of the Loan Servfcar unrelated to a safe of the Note. H there is a change of the Loan Services, Bortvwer will be given written notice of the change which will state the name and address of the new Loan Serviasr, the address to which payrr-ents should be made and any other information RESPA requires in connection with a notice of transfisr or servicing. If the Note is sold and thereafter the Loan Is serviced by a Loan Servicer other than the purchaser of the Nate, the mortgage ban servicing obligations to Bornorllrer will romain wiM the loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purcchasar. Neither Borrower nor Lander may commence. foie, or be joined to any judicial actbn (as either an individual Ittigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security lnstrumerrt, until such Borrower or Lender has notified the other party {with such notice given In compliance with the requirements of Section 15) of such alleged breach and afbrded the dher party hereto a reasonable period alter the giving of such notice to take corrective action. if Applicable Law provides a .time period which must elapse before certain action can be taken, that time period wilt bs deemed to be reasonable for purposes of this paragraph. The notice of acceleratbn and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Horrowar pursuant to Section 18 shalt be deemed to satisfy the notice and opportunity to take oorredive action provisions ofthis Section 20. 27. Hazardous Subrr4rnces. As used in this Section 21: (a) 'Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the folbwing subtleness; gasdina, kerosene. other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials coniaining asbestos or formaldehyde, and radloectiva materials; (b) 'Envir+onmentai Law" means federal laws and Paws of the Jurisdiction where the Property is located that relate to health, safety ar snvironmontal protadbn; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d} art "Environmental Condition" means a condition chat can cause, contribute to, or otherwise trigger an Environment Cleanup. Borrower shall not cause or permR iha presence, use, disposal. storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allrnnr anyone else to do, anything afliacting the Property {a) that Is in violation of any Environmental Law. (b) whbh creates an Environmsntaf Condition, or (c) which, due. io the presence, se, or release of a Hazardous Substance, creates a cor-dlibn tfiat adversely attests the val tfie Property. The SPA15 Rev 1N06N0 Pepe Z6 or is tnkfals: ~ FOR1A ~ trot ~#9~7FGZ8i..~ 02!18!2009 9:27:52 AM CUMBERLAND COUNTY Irtst# 200528374 -Page 15 of 19 preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous. Substances that are generally recognized to be appropriate to Harms! residential uses and to mantenance of the Property {including, but not IImited to, hazardous substances in consumer produda). Borrower shah promptly give Lender written notice of (a) any investigation, claim. demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b} any Environmental Condition, .including but not limited ta, any spilling, leaking, discharge, release or threat of rotease of any Hazardous Substance, and {c} any condition caused by the presence, use or roleaae of a Hazardous Substance which adversely ali+ects the value of the Property. H Bortvwer learns, or is notHled by any governmental or reg:uiatory authority. or any private party, that any remaral or other romediatlon of any Hazardous Substance affecting the Property Is necessary, Borrower shall prompt#y take a1! .necessary remedial actions in accordance with Environmental Law. Nothing herein shall croate any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Bonower and Lender further covenant and agree as fo#fows: 22. Acru<ioration; Remedies. Lander sisals giw Holies b Bamawar Pte' b accaMratllan folbwitsp Borwo~rer's breach of uty covsrwst a• a¢wnssnt Ut ihb Sscurlyt Instsvmsrtt.(but not prlo' W avcrM~tibn under S~ctlott 1A urtMss AppMcabh Law pra+vfdes athsrwlss~ tsrsd~r shaN.:not#yr'Bomowsr ~, arrsorsq other ihinps: (a} 1ht dsRau~ (b) flss action rwiulred to a~ thr dNauit; (c} when hs dsfassit -must bs cured; and_ (d'j that fisSaw to can firs dafiwit as spsc~ad maY r+iauit b acca.ralfon of ~. sums second by tiisis s«:urtty tnstrrKnsrst, for?sciosuro by juditdtli procesditsy and eels of ttse Property. Lander ahap further imam Borrower of fha rght b s»insbabs afrr accsisraitiors and tihs right m assert in the foncbwn proceeding lhe-Hat-sxlManca of a dNault cr rmy otlter dNansa of Bon+awer la aoaisraBon and forw~aeun. ff the deirwtt is not cued as spardflsd, Larder at ib optlon may ntpska isustad{ats papsrssnt M isdl of sii sums secssnd by lhfa Security Instrument wltlioat further detnatsd and may f~ascbe fftis Security Inatrwnerst by Judicial proce.ding. Larder shall be antltled to colNct aN •xpenaes hcunnd h the rsntedles provided h Phis ssctlots t2, MscMdksp, taut not an>~d to, atta~noys' tea and cow of till. evidence tD the extra panrsMtsd by ApplkaWs Law. 28, ltsisa:e. Upon payment of ail sums secured by this Security lnsirument, this Security instrument and the estate conveyed shall terminate and become vard. Alter such occurronce, Lender shall discharge and satiety this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for roleasing this Security instrument, but only if the !ee is paid to a third parry for services rendered and the charging of the tee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable t.aw. waives and releases any error or defects in proceedings to enforce this Secur~y Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of lima, exemption from attachment, levy and sa#e, and homestead a mption. SpA16 Rw t0lOrd00 Papa 16 of 1d InlHals: FOHIr ae3~ 1(e1 . , ~` t. 9~ ~i 7~PG 2 8 ~ 7 . 02/18/2009 9:27:52 AM CUMBERLAND COUNTY lnst# 200526374 -Page 16 of 19 26. Rebtstxtanen# Period. Borrower's time to reinstate provided in Section i9 shall extend to one hour prior to the commencement of bidding. at a sheriffs sate or other sale pursuant to this Security instrument. 26. Purch~ee 1Aoaey Moms. ff any of the debt secured by this Security lnatrument is {ent to Borrower to acquire title to the Property, this Secuntty Instrument shah be a purchase money mortgage. 27. trrbnst Rsir After .tudgrnent Borrower agrees that the interest rate payable aRer a Judgment is entered on the Nate or in an action of mortgage farecfosure shall be the rate payable from time to time under the Note. BY SIGNING BELOW, Harrower accepts and agrees to the terms and covenants contained in this Security Instrument and In any hider executed by Bomowec and recorded with it. Witnesses: SPA1T AW 1?/27/00 Psy~ t7 of 18 mta.i.; ~~J Borrower aa~e tro, 02/1812009 927:52 AM CUMBERLAND COUNTY tnst.# 200528374;-Page 17 of 19 CertNicate of Residence 1, the correct address of tha within-named Mortgagee is P. 0.130X 5797, DES MOINES, IA 50806-5197 Witness my hand this 9RD day of AUGUST, 2006 do hereby certify that Agent of Mortgagee coMMONWEa~TH of PENNSYI.vaNIA, cut~Eaw~D On this, tfie 9RD officer, .personally appeared SEAN P,CHADWICK day of AUGUST, 2005 Courfty ss: before me, tfie undersigned known to me {or satisfactorily proven} to be the person whose name~{~'are subscr#bed to the within instrument and acknowledged that ~/she/they executed t e same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: ~~s~. tZ. 9-~~w~e NO~Gi~iIAL BEAt. t.tsA ~. Rows, Nodnf t~ibMc 13gouph d O~rep MiM. tAlmbeftlnd C~oufri9 Mf- ConMlidOn EaR~ ~ iZ. ZOOQ sputa Rev 1?/27l00 Title of OMcer~~ c PtQ~ 7d of 18 k~itiatK ~ FORMA 302. 1101 ~ - 02/18!2009 9:27:52 AM CUMBERLAND COUNTY inst.#200528374 -Page 18 of 19 LEGAL DESCR{PT'!ON Fife Number: 05071CAP Alt. THAT CERTAIN trail of land sihYated in Middlesex Tovmship, Cumberland County, Pettnsylva`nis-t>0inp lot No. 89, ~s,~t ovum on Plan entitled, `l~dowbrmk Farms, Fillet Subdivkion Plan, Phase 11f,` dated OcWber 1 T. 2000 revised August 12, 20t)3, and recorded August 21,2003, in Cumberland County Plan Book 87, Page 99, being mare partl;:cutarly iwunded and described as touo,~vs: BEGINNING at an iron pin. being an easterly comer of t_ot Nc. 87 and lyirtp in a westerly ~y tlrie of Bayberry Road {50' +ight-of~ry}: tttenos along Bald right-of-+way, abrm a cue to the rtpM. having a chord bearlnp of Sa>>h 1,vsMy-sovwr depress twenty~hree rr~irwtas fiMertt~orie saoonds East {S 27.23' 21 ` fl: a cYlord dlstanos d 112.34-feet. a radks of 175.00 feat and an arc lenptlr of 114,36 feet 9o an Iron pkr thence ocntlnutrip alorp geld right-Of vray. sdonp a extra fo tits l~ having a ctwrd treerinp d Soutli fourteen degrees forty minutes thkly eeborrds Eed (S 14.40`30" E), a chord distends d t3el 03 feat. a radius of 325.00 feet and sm arc length df 68.95 feet io an iron pkri iftartce t30teh twenty depress testy-rttin~es flRY~alpM sscorxis East (S 20' 40" 58' E), 32.99 feet to err iron pin; tharirre ~ abrip said rfph~d-waY and alorip Old C,uach t.~s (Sfl' ripht~d'wsY). atone a puv!e io the right, havirtg a dxxd trearkrp d South iwenty-folr depws nkrstsen tainutesMr4 taoonda West (S 24` t9' 02' W) a droN dlsfanoe d 35. feet, a radius of 25.W lest and. an anc IenpMr d 3pZ7 teat b t+arirtxt pin; thence oontlriukp abng Old Coach lane. South sbRY-Wins dept~aes ntnetesn minutes Mai seoorrsls Wsat (S 8S' 19' 02" W}, 68.T4 feet b an fron pin, lykrp in a nprriterly Uns d said rtpht-d-way and: batnp an easterly csorrrer of L~ Pic. B9; thence abrpaaid lots Morttt twenty-Rv~a degrees ~c mFntrtse fouAeeri seoor+ds°West (f~t'25''fl6' 14' W), 557.44 feet b an from pin. Dektp a riorfltarly oom~ d mid tot and a southerly corner of Lot= No. 87: thence abrtp saki i~ iJor6t ~ degrees Haiy-two minrdea ~ seconds East (N 29' 42` 37" E).1?5.74 feet to an tr+on pin, being the place of BEGINNpVG. SUJ$t:CT TO a 90' utl!lty/sidervalk easemei'it along its street frontage. l1NDER AND SUBJECT to coitdttlons, restrlctioris, declarations, eaaemeMS, and fights of way of record. BEING THE SAME PREMISES which Worthhtptcn Development, LP., a Perinsylvari)e Nmited partnership, by deed dated Sanuary 4.2005 and recorded January 10, 20061n the OtTios d fhe Rsrorder of Dsede kr and for.Gmltrerfarid Ccwsty kr Deed Book 267, Pape 410. granted and conveyed unto Caourmey Ventures, t..P„ a f'ennsylvarda Ymlted partnership. Grantor herekt. c.. ui i.i -y this t~ be recd ~-ctcGf l i Cumberland Coullt`: ~ ? f~ ..y .~. /~~~~ +~~ :. ~ C)~ i~i:t:~S ALTA CommllmeM t3dioduls B - Sedlwi It (10f6l82) (05071 CAP.PFON5071 CAP11 Bi :fig i ~P~~t~~ 42/1&2009 9:27:52 AM CUMBERLAND COUNTY inst.#200528374 -Page 19 of 19 EXHI T "B" ~-- ~-- F1LED--~-i ICE Or ~ P!•~r.~0!~SOT~,~Y Zoos ~ur_ _$ a~ r r ~ z r Phelan Hallman & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, gsq,., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, .Esq., Id. No: 87077 Lauren R. Tabas, Esq., Td. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 .Jaime McGuinness, Esq., Id. No. 90134 Chri ovalante P. Fliakos, Esq., Id. No. 94620 Joshua. I. Goldman, Esq., Id. No. 205047 Courtenay R Dunn, Esq.; Id. No. 206779 . Andrew C. Bramblett, Esq., Id. No. 208375 ~ • 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Confer Plaza . Philadelphia, PA 19103 .215-563-7000 199196 WELLS FARGO BANK, •NA COURT OF COMMON PLEAS 3476 5TATEVIEW BOULEVARD FORT MILL, SC 29715 CIVIL DIVISION Plaintiff TERM v. No. O~ - ~.S~~v L,~r,~v CUMBERLAND COUNTY SEAN P. CHADWICK 5 OLD COACH LANE 1Al@ h8f~~1 C@~l ~ CARLISLE, PA 17013-8792 Wtthtn t0 be S tt1i8 a11d Defendant COI'C~Ct COQ ~ tt10 ortgtnai filed of +reoor~d CIVII. ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE ATTORNEY fN.E COPY Fife ~1: 199196 . ~ PLEASE RETURN i 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 maybe 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 File #: 194196 6. The following amounts are due on the mortgage: Principal Balance $244,909.00 Interest $7,313.90 12/01/2008 through 07/06/2009 (Per Diem $33.55) Attorney's Fees $1,325.00 Cumulative Late Charges $341.38 08/03/2005 to 07/06/2009 Property Inspections $30.00 Cost of Suit and Title Search 750.00 Subtotal $254,669.28 Escrow Credit ($1,911.92) Deficit $0.00 Subtotal ($1,911.92 TOTAL $252,757.36 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above maybe less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or File #: 199196 Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. 11. Defendants' application for assistance under Act 9l of 19$3 has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $252,757.36, together with interest from 07/06/2009 at the rate of $33.55 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: l~~ ence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire--~ Andrew C. Bramblett, Esquire Attorneys for Plaintiff File #: 199196 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, being Lot No. 88, as shown on a Plan entitled'Meadowbrook Farms, Final Subdivision Plan, Phase III,' dated October 17, 2000, revised August 12, 2003, and recorded August 21, 2003, in Cumberland County Plan Book 87, Page 99, being bounded and descried as follows: BEGIlVNING at an iron pin, being an easterly corner of Lot No. 87 and lying in a westerly right- of-way line of Bayberry Road (50 feet right-of--way}; thence along said right-of--way, along a curve to the right, having a chord bearing of S 27 degrees 23 minutes 21 seconds E, a chord distance of 112.34 feet, a radius of 175.00 feet and an arc length of 114.36 feet to an iron pin; thence continuing along said right-of--way, along a curve to the left, having a chord bearing of S 14 degrees 40 minutes 30 seconds E, a chord distance of 68.03 feet, a radius of 325.00 feet and an arc length of 68.15 feet to an iron pin; thence S 20 degrees 40 minutes 58 seconds E, 32.91 feet to an iron pin; thence continuing along said right-of--way and along Old Coach Lane (50 feet right-of--way), along a curve to the night, having a chord bearing of S 24 degrees 19 minutes 02 seconds W, a chord distance of 35.36 feet, a radius of 25.00 feet and an arc length of 39.27 feet to an iron pin; thence continuing along Old Coach Lane, S 69 degrees 19 minutes 02 seconds W, 65.74 feet to an iron pin, lying in a northerly line of said right-of--way and being an easterly corner of Lot No. 89; thence along said lot, N 25 degrees 06 minutes 14 seconds W, 157.44 feet to an iron pin, being a northerly corner of said lot and a southerly corner of Lot No. 87; thence along said lot, N 29 degrees 42 minutes 37 seconds E, 125.74 feet to an iron pin, being the place of BEGINNING. File #: 199196 SUBJECT to a 10 feet utility/sidewalk easement along its street frontage. UNDER AND SUBJECT to easements, covenants, reservations, restrictions and right-of--ways of record. BEING the same premises which Worthington Development, L.P., by deed,dated January 4, 2005, and recorded January 10, 2005, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 267, Page 410, granted and conveyed unto Courtney Ventures, LP. PARCEL# 21-05-0019-027 PROPERTY BEING; 5 OLD COACH LANE File #: 199196 VERIFICATION Helen Belton hereby states that helshe is Vice President Loan Documentation of WELLS FARGO HOME MORTGAGE, INC., servicing agent for Plaintiff in this matter, that helshe is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of hisJher knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification.to authorities. DATE: 07/07/09 .~ . Name: Helen Belton Title: Vice President Loan Documentation Company: WELLS FARGO HOME MORTGAGE, INC. Fiie #: 199196 Chadwick G EXHIBIT Phelan. Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hailinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 .Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq.., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P.. Fliakos, Esq.; Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevazd, Suite 1400 One Penn Center Plaza Philadelphia, PA .19103 215-563-7000 WEL1<.S FARGO BANK, NA vs. SEAN P. CHADWICK Attorney for Plaintiff m ~~~ ~~ ~aw'-,1 ~..~t~ .,•; : CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION : No.04-4546-CIVIL ~.f~.. - y".i'. .. .. C . +:! a Y. P~ ~..~ Y:~ fl. f. i ~O :1~ ~ PRAECIPE FOR IN REM J~GMEN'I`~FOR' 1~'Ai~URE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: o .a c `~ ~ c~ ~ <~-~si o ~`~, Kindly enter judgment in favor of the Plaintiff and against SEAN P. CIiADWICK, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $252,757.36 Interest - 07/07/2009 to 08118/2009 $1,442.55 TOTAL $254,200.01 I hereby certify that (1) the Defendant's last known address is 5 OLD COACH LANE CARLISLE, PA 17013-8792, and (2) that notice has been given in a ante ith Rule 237.1, copy attached. Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire ~aniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 19 Pxs # i~~~ PROTIiONOTAR EXHIBIT "D" PRAECIPE FOR WRIT OF EXECUTIOht-(MORTGAGE FORECLOSURE) P.RC.P. 3180-3183 ' WELLS FARGO BANK, NA COURT OF COMMON PLEAS Plaintiff . CIVIL DIVISION v. - N0.09-4546-CIVIL SE.pN P.-CI7ADWICK Defendant(s) CUMBERLAND COUNTY To the Prothonotary: U~~ Issue writ of.execution in the abo ~: ~~f.':ri. ~~~.::~ Amount Due a~. ~ - Interest from 08/ 19/2009 to Date of Sale . ($41.79 per diem) TOTAL ~• ~. ~ ~ ~ . ~~ f"` . ~ :~~~.+ ~ ., ~ or „p~ ~ w LYJ 4 . e~ N ~ (;~ X254.200.01 ~I6.130.94 ~Q~ 5270.330.95 ` QI''~eias Z~sUinan & mieg, LLP (1 Lawrence T: Phe Esq.; Id. No. 32227 ^ Francis S: Hallman, Esq.; Id..No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ 7udith T. Romano, Esq., Id. No. 58745 cetal R Shah-Jani, Esq.; Id. No. 81760 Janine R Davey, Esq., Id. No. 87077 jauren ft: Tabas; Esq., Id. No. 93 Q ~vek Srivastava; Bsq.; Id. N ,~ . ^ Jay B: Jonas, Bsq., Id. N ' ` .. ~~PeterJ. Mulcahy, ,~ir 6:~~791 ^ Andrew L. Spi ~a No. 84439 Jaime McGuuu-~:; Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 . ^ Joshua I. Goldman, Esq., Id. Nb. 205047 ^ Courtenay 1L Dunn, Esq., Id. No. 206779 []Andrew C. Sramblett, Esq., Id. No. 208375 Note: Please attach description of properly. ~PHS # 199196 EXHIBI " SCHEDULE OF DISTRIBUTION Date Filed: 10/6/10 Writ No. 2009-4546 Civil Term Wells Fargo Bank, NA -vs- Sean P. Chadwick Sale Date: September 8, 2010 Buyer: Members ls` Federal Credit Union Bid Price: $ 283,801.00 Real Debt: $ 254,200.01 Interest: 16,130.94 Attorney Writ Costs: 291.89 Total Due: $ 270,622.84 DISTRIBUTION: Receipts: Cash on Account {05/07/2010): $ 1,500.00 Cash on Account (09/08/2010): 29,000.00 Cash on Account (09/20/2010): 260,270.01 Total Receipts: $ 290,770.01 Disbursements: Sheriff s Costs Legal Search Middlesex Township Municipal Authority (Sewer/Refuse) Attorney Daniel Schxnieg Wells Fargo Bank, NA Mcnibcrs 19t Federal Credit Union Total Disbursements: Balance for distribution: So ~f~/y ers: A~' 3,~ Ronny R. Anderson Sheriff $ 5,954..95 300.00 1,868.30 1,500.00 270,622.84 10,523.92 ($290,770.01) 00.00 VERIFICATION I, Daniel G. Schmieg, Esquire, hereby state that I am the attorney for the Plaintiff herein and am authorized to make this verification. I hereby verify that the information contained in Plaintiff s Exceptions to Sheriff s Sale Distribution Pursuant to Pa.R.C.P., 3136(d) is true and correct to the best of my knowledge, information and belief. I am aware that this verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Respectfully sub PHELAN HALLIl~'~~~ND SCHMIEG, LLP c Date: / o ~' `~' ` By: Daniel G. Schmieg, Esquire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza, Suite 1400 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 (215 563-7000 Wells Fazgo Bank, NA Plaintiff V s. Sean P. Chadwick Defendants Attorney for Plaintiff :Court Of Common Pleas Civil Division Cumberland County, Pennsylvania 09-4546 CERTIFICATE OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that true and correct copies of the Plaintiffs Exceptions to Sheriff's Sale Distribution Pursuant to Pa.R.C.P. Rule 3136(d), Brief in Support, attached Exhibits, and this Certificate, were served upon the following by regular mail on the date indicated below: Sean P. Chadwick 5 Old Coach Lane Carlisle, PA 17013 Members 1 ~` Federal Credit Union P.O. Box 40 Mechanicsburg, PA 17055 Members 1 ~` Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 Middlesex Township Municipal Authority 350 North Middlesex Road, Suite 2 Cazlisle, PA 17013 Dated:l~'~ 1H- i0 Office of the Sheriff Cumberland County Courthouse One Courthouse Squaze Cazlisle, PA 17013 Middlesex Township Municipal Authority C/o Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 Meadowbrook Farms Homeowners Association 5140 E. Trindle Road Mechanicsburg, PA 17050-3682 Respectfully submitted, P LINAN & CH ,LLP By: Daniel G. Schmieg, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 One Penn Center Plaza 1b17 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215-Sb3-7000 Fax: 215-Sb7-0072 October 14, 2010 Sent Via FedEx Office of Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Wells Fargo Bank, NA vs. Sean P. Chadwick Cumberland County, CCP, 09-4546 Civil Term Dear Sir/Madam: Enclosed please find Plaintiff s Exceptions to Sheriff's Sale Distribution Pursuant to Pa.R.C.P., 3136(d), and Brief in Support thereof, attached exhibits, and Certificate of Service, which I request you file of record. Also enclosed are two self-addressed stamped envelopes for your convenience, one of which is for the attorney file copy and the other for the signed Order of Court. Ve ly yours, n (..~ a c ally or PHELAN HALLINAN & SCHMI ,LLP Enclosure Cc: Sean P. Chadwick Members 1 ~` Federal Credit Union Middlesex Township Municipal Authority Middlesex Township Municipal Authority C/o Keith O. Brenneman, Esquire Meadowbrook Farms Homeowners Association Office of the Sheriff of Cumberland County +k _~ THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA Plaintiff Vs. Sean P. Chadwick Defendant Civil Division 09-4546 RULE OCT 18 [UlU AND NOW, this ~'1' day of Oc.`'i L•,c , 2010, a Rule is entered upon the Defendant and all interested parties to show cause why the attached Plaintiffl s Exceptions to Sheriff's Sale Distribution Pursuant to Pa.R.C.P. 3136(d), should not be entered. 2 o diyl af+rr rw.ti-. • RULE RETURNABLE By the Co C O t~ es rn,a ~ l~l~ la t4~rO ~~ J. c~ ~ rt ~ ~~ ~~ ~ °' ~~, ~~ -- em ~~ ~p ~ -~a <~ -o o~ ~~ ~ ~~ v w -~~ ~ ~, ~ Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza, Suite 1400 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 (215) 563-7000 Wells Fargo Bank, NA Plaintiff Vs. Sean P. Chadwick Defendants Attorney for Plaintiff Court Of Common Pleas : Civil Division ? .r ?? Q ZZ --r7 ' `zo - r'7 C ) r? 4 CZ ) CS 7 ::cf -r7 : Cumberland County, Pennsylvania 09-4546 CERTIFICATE OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a true and correct copy of the Rule issued in regard to Plaintiff's Exceptions to Sheriff s Sale Distribution Pursuant to Pa.R.C.P. Rule 3136(d), and this Certificate, were served upon the following by regular mail on the date indicated below: Sean P. Chadwick 5 Old Coach Lane Carlisle, PA 17013 Members 1St Federal Credit Union P.O. Box 40 Mechanicsburg, PA 17055 Members 1St Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 Middlesex Township Municipal Authority 350 North Middlesex Road, Suite 2 Carlisle, PA 17013 Office of the Sheriff Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Middlesex Township Municipal Authority C/o Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 Meadowbrook Farms Homeowners Association 5140 E. Trindle Road Mechanicsburg, PA 17050-3682 Respectfully submittnEsci dPHELAN HALLIN IEG, LLP Dat ed: 2- -tBy: D el G. Sc iAttorney for Plaintiff _ "ILE -0F'F i s OF TIFE ROTE MNOTAR'i Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza, Suite 1400 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 (215) 563-7000 Wells Fargo Bank, NA Plaintiff Vs. Sean P. Chadwick Defendants 2011 J AP 26 jet' 1: 1 1 PEI'@e'SYL',/A?-,,'l A Attorney for Plaintiff : Court Of Common Pleas : Civil Division : Cumberland County, Pennsylvania : 09-4546 MOTION TO MAKE RULE ABSOLUTE AND now comes Plaintiff, by and through its attorney, Phelan Hallinan & Schmieg, LLP and hereby petitions this Honorable Court to make the Rule to Show Cause issued on October 19, 2010, absolute in the above captioned mortgage foreclosure action., and in support thereof, avers as follows: 1) Plaintiff filed Exceptions Pursuant to Pa.R.C.P. 3136(d) to Amended Schedule of Distribution of Sale held on September 8, 2010, with the Court on or about October 15, 2010. 2) This Honorable Court issued a Rule upon Defendants and all interested parties on October 19, 2010, to show cause why the Plaintiffs Exceptions should not be granted. A true and correct copy of the Rule is attached hereto, made a part hereof, and marked as Exhibit "A." 3) The Rule to Show Cause was forwarded to all parties at their last known address as evidenced by Plaintiff's Certificate of Service filed on or about December 13, 2010. A true and correct copy of the Certificate is attached hereto, made part hereof, and marked as Exhibit "B." 4) Defendants and all interested parties have failed to respond or otherwise plead to the Rule Returnable date of January 3, 2011. WHEREFORE, Plaintiff prays this Honorable Court make the Rule issued on October 19, 2010, absolute and enter an Order granting Plaintiffs Exceptions Pursuant to Pa.R.C.P. 3136(d) to Amended Schedule of Distribution of Sale held on September 8, 2.010. Respectfully submit. PHELAN Hj<LINAN AND SCHMIEG, LLP Date: By: _ Daniel G. Schmieg, Esquire Attorney for Plaintiff A'A EXHIBIT "A" THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA Plaintiff Vs. Sean P. Chadwick Defendant Civil Division 09-4546 RULE AND NOW, this 17' day of OCI-444-WL , 2010, a Rule is entered upon the Defendant and all interested parties to show cause why the attached Plaintiff's Exceptions to Sheriff's Sale Distribution Pursuant to Pa.R.C.P. 31:36(d), should not be entered. RULE RETURNABLE By the Coyut: /I 4 c c? o -TI W -'I'm ci C-) --4c:> C:)-n EXHIBIT "B" Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza, Suite 1400 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 (215) 563-7000 Wells Fargo Bank, NA Plaintiff Vs. Sean P. Chadwick Defendants C-: C -0Z r" Cn r A Attorney for Plaintiff b' c? Court Of Common Pleas : Civil Division Cumberland County, Pennsylvania 09-4546 CERTIFICATE OF SERVICE p y rn rn rn W oC 'bb 4- CD -r, I, Daniel G. Schmieg, Esquire, hereby certify that a true and correct copy of the Rule issued in regard to Plaintiff's Exceptions to Sheriff's Sale Distribution Pursuant to Pa.R.C.P. Rule 3136(d), and this Certificate, were served upon the following by regular mail on the date indicated below: Sean P. Chadwick 5 Old Coach Lane Carlisle, PA 17013 Members 1St Federal Credit Union P.O. Box 40 Mechanicsburg, PA 17055 Office of the Sheriff Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Middlesex Township Municipal Authority C/o Keith O. Brenneman, Esquire 44 West Main Street Members 1St Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 Middlesex Township Municipal Authority 350 North Middlesex Road, Suite 2 Carlisle, PA 17013 Mechanicsburg, PA 17055 Meadowbrook Farms Homeowners Association 5140 E. Trindle Road Mechanicsburg, PA 17050-3682 Respectfully submitted, PHELAN HALLIN N & SC IEG, LLP Dated: ( 2- mot' By: D el G. Sc ieg, Esq ' e Attorney for Plaintiff VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Respectfully submitte PHELAN HALLIN N AND"SCHMIEG, LLP Date: _._---- By: Daniel G. Schmieg, Esquire Attorney for Plaintiff OF THE IPPR1 ! E ONO AR'i Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza, Suite 1400 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 (215) 563-7000 Wells Fargo Bank, NA Plaintiff 2011 JAN ? 6 N-1 1: 1 1 `'1 ,? Erg 13 ^0 1 ?s N' f^1}LV f9 Attorney for Plaintiff Court Of Common Pleas Vs. Sean P. Chadwick Defendants : Civil Division : Cumberland County, Pennsylvania : 09-4546 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiff s Motion to Make Rule Absolute was served by regular mail on the following on the date listed below: Sean P. Chadwick Office of the Sheriff 5 Old Coach Lane Cumberland County Courthouse Carlisle, PA 17013 One Courthouse Square Carlisle, PA 17013 Members 1" Federal Credit Union P.O. Box 40 Middlesex Township Municipal Authority Mechanicsburg, PA 17055 C/o Keith O. Brenneman, Esquire Members 1 S` Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 Middlesex Township Municipal Authority 350 North Middlesex Road, Suite 2 Carlisle, PA 17013 Date: a 44 West Main Street Mechanicsburg, PA 17055 Meadowbrook Farms Homeowners Association 5140 E. Trindle Road Mechanicsburg, PA 17050-3682 Respectfully submitted, PHELAN HALI?IN HMIEG, LLP By: Daniel . Schmieg, Esquire Attorney for Plaintiff off' aocr J?3/ ? I•?,?' e ?.?.219 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA Plaintiff Vs. : Civil Division. Sean P. Chadwick Defendant : 09-4546 ORDER AND NOW, this Y/* day of , 2011, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED that the Rule issued upon Defendants and all interested parties on October 19, 2010, shall be and is hereby made absolute; Plaintiff s Exceptions Pursuant to Pa.R.C.P. 3136(d) to Amended Schedule of Distribution of Sale held on September 8, 2010, are GRANTED; and the Sheriff shall forthwith issue a revised Schedule of Distribution reflecting distribution to Plaintiff in the sum of $281,146.76 along with the Sheriff s Deposit Refund of $1,500.00. ?buiel 0, Meadawbrook Ems HDr a Comm As& Sean P. Chadwick ; D44 "*'Memhm Is' FOIL) MkId lesex mi-v "unicipci Au or;+y O$ w oP &vDriff -to bin ? Keok 0 Emmena-n C?P'? SWERIFF'S OFFICE OF CUMBERLAND COUNTY FILED-CF FIC?- Ronny R Anderson . , j Ir- t r'I-, ; j_t, r)V Sheriff 011 of ?atinbrrf g , Jody S Smith ' c;, i F a I A,71 j. if, Chief Deputy 4 !?: ba^c ! A s = {TY Richard W Stewart Solicitor OFFICE OF T" S"ERIFF t j + i r+ a @ r? Wells Fargo Bank, NA (et al.) vs. Sean P. Chadwick Case Number 2009-4546 SHERIFF'S RETURN OF SERVICE 06/21/2010 07:13 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 21, 2010 at 1913 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Sean P. Chadwick, located at, 5 Old Coach Lane, Carlisle, Cumberland County, Pennsylvania according to law. 06123/2010 08:41 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 23, 2010 at 2041 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Sean P. Chadwick, by making known unto, Sean P. Chadwick, personally, at, 215 West Shady Lane, Apt. E, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 09/08/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 8, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $283801.00 to Attorney Karl Ledebohm, on behalf of Members 1 st Federal Credit Union, 5000 Louise Drive, Mechanicsburg, PA 17055, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 10/18/2010 Exceptions to Proposed Schedule of Distribution filed in Sheriffs Office on 10/18/10 by Attorney Daniel Schmieg. 10/27/2010 Deed recorded on 10/27/10 SHERIFF COST: $6,254.95 February 10, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF g Itlo pd a4 - .DO F, , Co . ek4'7 ??-V 07:? c Count,Suite Sheriff. TeleosoR. Inc- Amended SCHEDULE OF DISTRIBUTION Date Filed: 02/01/11 Writ No. 2009-4546 Civil Term Wells Fargo Bank, NA -vs- Sean P. Chadwick Sale Date: September 8, 2010 Buyer: Members 1" Federal Credit Union Bid Price: $ 283,801.00 Real Debt: $ 254,200.01 Interest: 16,130.94 Attorney Writ Costs: 291.89 Total Due: $ 270,622.84 DISTRIBUTION: Receipts: Cash on Account (05/07/2010): $ 1,500.00 Cash on Account (09/08/2010): 29,000.00 Cash on Account (09/20/2010): 260,270.01 Total Receipts: $ 290,770.01 Disbursements: Sheriffs Costs Legal Search Middlesex Township Municipal Authority (Sewer/Refuse) Attorney Daniel Schmieg Wells Fargo Bank, NA Total Disbursements: Balance for distribution: So Answers: N` onny R. Anderson Sheriff $ 5,954.95 300.00 1,868.30 1,500.00 281,146.76 ($290,770.01) 00.00 . . t SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale, Writ No. 2009-4546 held September 8, 2010 EFFECTIVE DATE: September 8, 2010 PREMISES: 5 Old Coach Lane, Middlesex Township, Cumberland County, Pennsylvania, Tax Parcel No. 21-06-0019-027 (the "Premises") RECITAL: Being the same premises which Courtney Ventures, LP, a Pennsylvania limited partnership, by its Deed dated July 22, 2005 and recorded August 4, 2005 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 270, Page 1374, granted and conveyed unto Sean P. Chadwick. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: 1. Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. 5. Any environmental liens or claims filed or on record in the Federal District Court. 6. Payment of state and local real estate transfer tax, if applicable. 7. Any secured transactions with respect to the Premises. 8. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriffs sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriffs sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All Real Estate taxes on the Premises assessed but not billed as well as those Real Estate taxes accruing on and after January 1, 2010. 20. Subject to the spousal rights, if any, of any spouse of Sean P. Chadwick. -2- 21. Mortgage in the amount of $260,000.00 from Sean P. Chadwick to Wells Fargo Bank, NA dated August 3, 2005 and recorded August 4, 2005 in Mortgage Book 1917, Page 2802. 22. Mortgage in the amount of $45,000.00 from Sean P. Chadwick to Members 1" FCU dated August 23, 2007 and recorded September 12, 2007 to Instrument No. 200735529. 23. Mortgage in the amount of $65,000.00 (open-end) from Sean P. Chadwick to Members 1St FCU dated October 16, 2007 and recorded October 31, 2007 to Instrument No. 200741363. 24. Judgment against Sean P. Chadwick in the amount of $254,200.01 in favor of Wells Fargo Bank NA in an action in mortgage foreclosure entered on August 19, 2009 to No. 2009-4546. 25. Municipal lien in the amount of $932.55 in favor of Middlesex Township Municipal Authority against Sean P. Chadwick entered February 9, 2009 to No. 2009-00653. 26. Municipal lien in the amount of $303.15 in favor of Middlesex Township Municipal Authority against Sean P. Chadwick entered July 15, 2009 to No. 2009-04695. 27. Municipal lien in the amount of $447.80 in favor of Middlesex Township Municipal Authority against Sean P. Chadwick entered May 23, 2010 to No. 2010-02929. 28. Subject to the Declaration in Miscellaneous Book 567, Page 1090, amended in Misc. Book 622, Page 475, amended in Misc. Book 642, Page 967 and amended in Misc. Book 701, Page 1585. 29. Subject to the assignment of special declarant rights and agreement in Misc. Book 701, Page 1587. 30. Subject to the rights granted PPL in Misc. Book 706, Page 2173. 31. Subject to the rights granted Laurel Pipe Line Company in Misc. Book 129, Page 6. 32. Subject to the rights granted Socony-Vacuum Oil Company in Misc. Book 83, Pages 401 and 402. 33. Subject to the rights of others in and to any common elements or limited common elements. -3- 34. Subject to all building setback lines, easements, notes, conditions, restrictions and all other matters appearing on Plan of Phase 3 of Meadowbrook Farms recorded in Plan Book 87, Page 99. 35. Subject to the rights of others in and to any portion of the premises within or adjoining Old Coach Lane. 36. Subject to the 10-foot utility/sidewalk easement along the street frontage of Old Coach Lane. 37. Subject to the legal operation and effect of the absence of a legal description of the Premises in the notice of the Sheriffs Sale. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. By: Keith O. Brenneman -4- Writ No. 2009-4546 Civil Wells Fargo Bank, NA as Trustee for ABFC 2006-OPT3 Trust, ABFC Asset-Backed Certificates, Series 2006-OPT3 vs. Sean P. Chadwick Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 09-4546-CIVIL, WELLS FARGO BANK, NA vs. SEAN P. CHADWICK, owner of property situate in MID- DLESEX TOWNSHIP, Cumberland County, Pennsylvania, being 5 OLD COACH LANE, CARLISLE, PA 17013- 8792. Parcel No. 21-06-0019-027. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $254,200- .01. EXHIBIT A WELLS FAWY RANK,.NA COURT OF COMMON PLEAS r Plaintiff v.l CIVIL DIVISION NO. 09-4546-CIVIL SEAN P. CHADWICK Defendant(s) CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, NA, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 5 OLD COACH LANE, CARLISLE, PA 17013-8792. I . Name and address of Owner(s) or reputed Owner(s): Name SEAN P. CHADWICK 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 5 OLD COACH LANE CARLISLE, PA 17013-8792 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Members 1" Federal Credit Union P.O. Box 40 Mechanicsburg, PA 17055 Members 1" Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) Middlesex Township Municipal Authority 350 North Middlesex Road; Suite 2 Carlisle, PA 17013 Middlesex Township Municipal Authority 44 West Main Street C/o: Keith O. Brenneman, Esquire Mechanicsburg, PA 17055 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA 5 OLD COACH LANE CARLISLE, PA 17013-8792 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 1 Meadowbrook Farms Homeowners Association Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 5140 E. Trindle Road Mechanicsburg, PA 17050-3682 6'h Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 13111 Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. April 21, 2010 By. ? I AL, 1 PhelaHallinan & Schm#g, LLP ? La Vence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? heetal R. Shah-Jani, Esq., Id. No. 81760 '' Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq.„ Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 WELLS FARGO BANK, NA : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. SEAN P. CHADWICK : NO. 09-4546-CIVIL : CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SEAN P. CHADWICK 5 OLD COACH LANE CARLISLE, PA 17013-8792 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 5 OLD COACH LANE, CARLISLE, PA 17013-8792 is scheduled to be sold at the Sheriff's Sale on 09/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $254,200.01 obtained by WELLS FARGO BANK, NA (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as-if - - the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 09-4546-CIVIL WELLS FARGO BANK, NA vs. SEAN P. CHADWICK owner(s) of property situate in MIDDLESEX TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 5 OLD COACH LANE. CARLISLE. PA 17013-8792 Parcel No. 21-06-0019-027 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $254,200.01 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-4546 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., Plaintiff (s) From SEAN P. CHADWICK (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $254,200.01 L.L. Interest from 8/19/09 to Date of Sale @ ($41.79 per diem) - $16,130.94 Atty's Comm % Due Prothy $2.00 Atty Paid $291.89 Other Costs Plaintiff Paid Date: 4/23/10 David D. Buel) Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: JENINE R. DAVEY, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 87077 1 11-4 On June 14, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in Middlesex Township, Cumberland County, PA, Known and numbered as, 5 Old Coach Lane , Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2010 By: D Rea Estate Coordinator • PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a-legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 16, July 23, and July 30, 2010 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. Writ No. 2009-4646 Civil Wells Fargo Bank, NA as Trustee for ABFC 2006-OPT3 Trust, ABFC Asset-Backed Certificates, Series 2006-OPT3 Vs. Sean P. Chadwick Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 09-4546-CIVIL, WELLS FARGO BANK, NA vs. SEAN P. CHADWICK, owner of property situate in MID- DLESEX TOWNSHIP, Cumberland County, Pennsylvania, being 5 OLD COACH LANE, CARLISLE, PA 17013- 8792. Parcel No. 21-06-0019-027. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $254,200- .01. 7 ? - __'- ?= (2)a Marie Coyne, Ed' or SWORN TO AND SUBSCRIBED before me this 30 da of July, 2010 Notary NOTARIAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My COIIMIIasion Expiraa Apr 28, 201 L;`#e Patriot-News Co. 2020,Techoology Pkwy Suite 300 ' Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 14e Patr1*otwXtws Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/09/10 07/16/10 07/23/10 Sworn to and scribed before m t 05? Oy of August, 2010 A.D. r Notary Public COMMONWEq?F PE-N.NSYLVANIA Sherrie L Jar, Lower Paxton N Public TWp MY Commin', Dauphin County Member, Ae BO?es Nov 26, 2011 n%Vlvanla Association of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Members 1 st Federal Cr Un is the grantee the same having been sold to said grantee on the 8th day of September A.D., 2010, under and by virtue of a writ Execution issued on the 23rd day of April, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 09 Number 4546, at the suit of Wells Fargo Bank N A against Sean P Chadwick is duly recorded as Instrument Number 201030976. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 4 7 day of (1C't , A.D. ),o / L) 'Recorder of Deeds ftft as