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HomeMy WebLinkAbout09-8871 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, AS CIVIL DIVISION TRUSTEE, SUCCESSOR IN INTEREST TO STATE STREET BANK AND TRUST, AS NO.: 4 y - ?? ?? ?`?? T? TRUSTEE FOR MORTGAGE PASS THROUGH CERTIFICATES 2001-MS 1 Plaintiff, vs. ROBERT D. POTTS a/k/a ROBERT DOUGLAS POTTS; MARCIA F. POTTS a/k/a MARCIA FETTERS POTTS Defendants. TYPE OF PLEADING CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: COUNSEL OF RECORD FOR THIS PARTY: TO: DEFENDANTS YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 7255 B=cadows Way Jacksonville. FL 32256 AND THE DEFENDANT: 345 PEACH GLEN ROAD GLEN GARDNERS. PA 17324 CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFE CTED BY THIS LIEN IS 345 PEACH GLEN ROAD. GLEN GARDNERS PA 17324 Municipali1y: Dickinson sea ATTORNEY Fa 1%6" OR PLAINTIFF ATTY FILE NO.: FCP 132515 ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire Pa. I.D. #55650 Kimberly A. Bonner, Esquire Pa. I.D. #89705 Joel A. Ackerman, Esquire Pa I.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 (908) 233-8500 (908) 233-1390 FAX officea.zuckersoldberiz. com File No.: FCP- 132515/hp Zucker, Goldberg & Ackerman, LLC FCP-132515 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. Zucker, Goldberg & Ackerman, LLC FCP-132515 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO STATE STREET BANK AND TRUST, AS TRUSTEE FOR MORTGAGE PASS THROUGH CERTIFICATES 2001-MS 1 Plaintiff, vs. CIVIL DIVISION NO.: 6 l g? 7 I G u, ? -T ?n? ROBERT D. POTTS a/k/a ROBERT DOUGLAS POTTS; MARCIA F. POTTS a/k/a MARCIA FETTERS POTTS Defendants CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes, by its attorneys, Zucker, Goldberg & Ackerman, LLC, and files this Complaint in Mortgage Foreclosure as follows: 1. Plaintiff is U.S. Bank National Association, As Trustee, Successor In Interest To State Street Bank And Trust, As Trustee For Mortgage Pass Through Certificates 2001-Ms1, recorded in the office of the Director of Records and Licensing, King County, State of Washington on October 3, 2008 with an address of 7255 Baymeadows Way Jacksonville, FL 32256. 2. The Defendants, Robert D. Potts a/k/a Robert Douglas Potts and Marcia F. Potts a/k/a Marcia Fetters Potts, are individuals whose last known address is 345 Peach Glen Road, Glen Gardners, PA 17324. Zucker, Goldberg & Ackerman, LLC FCP-132515 On or about July 2, 1990, Robert D. Potts and Marcia F. Potts executed a Note in favor of Gettysburg National Bank in the original principal amount of $59,000.00. 4. On or about July 2, 1990, as security for payment of the aforesaid Note, Robert D. Potts and Marcia F. Potts made, executed and delivered to Gettysburg National Bank a Mortgage in the original principal amount of $59,000.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on July 2, 1990, in Mortgage Book Volume 882, Page 1061. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "A", attached hereto and made a part hereof. 5. The aforesaid Note and Mortgage was assigned by Gettysburg National Bank to State Street Bank and Trust Company, as trustee, pursuant to an assignment of mortgage dated April 16, 2004 and recorded on August 18, 2004 in the Office of the Recorder of Deeds for Cumberland County in Assignment Book 710, Page 4418. 6. The aforesaid Note and Mortgage was further assigned by State Street Bank and Trust Company, as trustee to Washington Mutual Bank, pursuant to an assignment of mortgage dated October 3, 2007 and recorded on October 16, 2007 in the Office of the Register of Deeds for Cumberland County as Instrument No. 200737633 . 7. The aforesaid Note and Mortgage was further assigned by JPMorgan Chase Bank, NA (JPMorgan Chase Bank, as purchaser of the loans and other assets of Washington Mutual Bank, formerly known as Washington Mutual Bank, FA (the'Savings Bank') from the Federal Deposit Insurance Corporation, acting as receiver for the Savings Bank and pursuant to its authority under the Federal Deposit Insurance Act 12 U.S.C. § 1821 (d), as further evidenced by Affidavit of the Federal Deposit Insurance Corporation dated October 2, 2008) to U.S. Bank National Association, As Trustee, Successor In Interest To State Street Bank And Trust, As Zucker, Goldberg & Ackerman, LLC FCP-132515 Trustee For Mortgage Pass Through Certificates 2001-Ms1, plaintiff herein, pursuant to an assignment of mortgage to be recorded. 8. Robert Douglass Potts and Marcia F. Potts, his wife, as tenants by the entireties are record and real owners of the aforesaid mortgaged premises. 9. Defendants are in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. 10. On or about September 15, 2009, Defendant(s) were mailed a combined Notice of Homeowners' Emergency Mortgage Assistance Act of 1983 and Notice of Intention to Foreclose Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S. §101, et seq. 11. The amount due and owing Plaintiff by Defendants is as follows: Principal $5,246.95 Interest through 10/28/2009 $ 131.73 Attorneys' Fees $1,250.00 Title Search & Costs $2,500.00 Late Charges $ 202.99 Escrow $ 197.20 Other Fees Due $ 146.05 Recoverable Balance $1,949.86 Total $11,624.78 plus interest on the principal sum ($5,246.95) from October 28, 2009, at the rate of $17.38 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $11,624.78, with interest thereon at the rate of $17.38 per diem from October 28, 2009, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Zucker, Goldberg & Ackerman, LLC FCP-132515 ZUCKER, GOLDWERG & ACKERMAN BY: k Scott A. Die teric c, squire PA I.D. # 55650 Kimberly A. Bonner, Esquire PA I.D.#89705 Eric Santos, Esquire PA I.D.#201493 Joel A. Ackerman PA I.D.#202729 Attorneys for Plaintiff 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 908-233-8500 FAX 908-233-1390 EXHIBIT A Zucker, Goldberg & Ackerman, LLC FCP-132515 CUtlC?+`i. ;i;TY-PA. '90 JUL z P19 s ca LOANS:749971 CNT: 2316 Polls 022 CLNB-PORTFOLIO [Space Above TN$ Line For Recording Data) MORTGAGE THISMORTGAGE ("Security Instrument') is given on ..... J Y. 2,,,,,•,,,,,,,,,,,,,,,,,••,,...•.•••.................................., 19...9Q... The mortgagor is ..... /,IRbArg.-.D...Pat.t e..and..liarcia..E.....E0.tta ................................................................. ............................................................................. ("Borrower"). This Security Instrument is given to .. Tht'•.......................... Gett,abur N t na .............................................................whichisorganizedandexisting under the laws of..khe..GAMMOnweal)-h..of..Pannsylvanla•,and whose address is -10..XOxk,..Stree.t. ................ ?e4.CY.&buxg....P.ennsXlvan?a...17.325 .................................................................................................. ("Lender"). Borrower owes Lender the principal sum of ......Fifty,-Nin¢„ T)}gygB7td...and.....QD1.lA.Q..----r..--r.-rr---•---•T •• -----------------------..... Dolan (U.S. S.S9_0.QQ.0.Q............ ). This debt is evidenced by Borrower's note ........................................................ dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, i not paid earlier, due and payable on ......... July ...2.....20.10 ........................ ,,......................,.,............ This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in ... .. .. , .............................. County, Pennsylvania: Diekinso ..................P. T!?P. .:.r...G.l!Wl?g.F.x?3Rd ........................ ... ALL THAT CERTAIN tract of land situate in Dickinson Township, Cumberland Cn„nty- Pennsvlvania bounded and described as follows: BEGINNING at a point in the center of the Bendersville Road, marked by a heavy nail; thence along the center of the said Bendersville Road, North 12-3/4 degrees East 457.65 feet, more or less, to land now or formerly of Harry P. Fanus; thence by said Fanus land North 64 degrees East 5 perches to a corner on the Fanus land; thence by the Fanus land South 74 degrees East 21,8 perches to a corner in the Fanus land, thence by same South 30 3/4 degrees East 13.6 perches to the corner of land now or formerly of C. F. Beam, thence along the line of the land of Beam South 52 degrees West 41.7 perches to a poplar tree; thence by the land of Frank L. Black and wife, North 73-1/2 degrees West 17 perches to the nail in the center of the Bendersville Road, the Place of BEGINNING, containing 4 acres, more or less. which has the address of .... 34.5..1PAAKh..G.7 ?1a..RRad .................. ......, .... Gardners......................................, icityl [Sleet] Pennsylvania 17324 . ("Property Address"); .................. .. (2ip Cade] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter apart of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby 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 will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. 54Gd J82 !?6t 104 PENNSYLVANIA-Single Family-FNMA/FHLMC UNIFORM INSTRUMENT BANCONSUMER FORM PA M 3039 12193 UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds') equal to one twelfth of: (a) yearly taxes and assessments which may attain priority over this Security Instrument; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard insurance premiums: and (d) yearly mortgage insurance premiums, if any. These items are called "escrow items." Lender may estimate the Funds due on the basis of current data and reasonable estimates of future escrow items. The Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay the escrow items. Lender may not charge for holding and applying the Funds, analyzing the account or verifying the escrow items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing that interest shall be paid on the Funds. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be r-quired to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Security Instrument. If the amount of the Funds held by Lender, together with the future monthly payments of Funds payable prior to the due dates of the escrow items, shall exceed the amount required to pay the escrow items when due, the excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly payments of Funds. If the amount of the Funds held by Lender is not sufficient to pay the escrow items when due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as required by Lender. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 19 the Property is sold or acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to late charges due under the Note; second, to prepayment charges due under the Note; third, to amounts payable under paragraph 2; fourth, to interest due; and last, to principal due. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner. Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien or forfeiture of any part of the Property; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying The lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 19 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by This Security Instrument immediately prior to the acquisition. 6. Preservation and Maintenance of Property; Leaseholds. Borrower shall not destroy, damage or substantially change the Property, allow the Property to deteriorate or commit waste. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease, and if Borrower acquires fee title to the Property, the leasehold and fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property; Mortgage Insurance. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the insurance in effect until such time a the requirement for the insurance terminates in accordance with Borrower's and Lender's written agreemen or applicable e law. Lender 8. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause or the insp n connection with 9. Condemnation. The proceeds of any award or claim for damages, any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. lied to the sums secured by this Security In the event of a total taking of the Property, the proceeds shall be app by instrument, whether or not then due, with any excess paid to Borrower. In the sevvent of partial taking o t h Property unless Borrower and Lender otherwise agree in writing, the sums secured by Scurity Instrument shall %,duced the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to date n or after h of the Pro otic os the make an award or settle a claim for damages. Borrower fails to respond tn err withi 30 days Pe given, Lender is authorized to collect and apply the proceeds, at its option, to the sums secured by this Security instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or 10 for payment or postpone the Borrower Not Released; Forbearance e By Lto in ender NotaahWaiver. 2 oExtension h of he time of such payments. modification of amortization of the sums secured by this Security instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. req extend interest any inst time ayment orlotherwise modifymort zation ofpthe sums ecurred by th is Secu tyInstrument by reason of any demand m de by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy P shall not be a waiver of or preclude the exercise of any right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument onlys normortg agn e, rant and convey obligated to pay nst that Borrower's interest in the Property under the terms thi that Under and any other Borr wer may agree to extend, the sums secured by this Security Instrument; and (c) agrees modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrowers consent. 12, Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan arges col d in or to be amount charges, and that law is finally interpreted so that the interest or of er loosen charge sc llect reduced by thelecte connection with the loan exceed the permitted limits, then: (a) any al owed may choose tosmakedthiss refu d by educing he prinwhich ipexceeded efunded oeBor owes Lender limit; necessary ermitted to limits will be charge p under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 13. Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws has the effect of rendering any provision f the Note or this Security instrument unenforceable according to its terms. Lender, at its option, paragraph 19. If Lender exercise-, his option, Lender shall take the steps spec fied in the second aparag paragraph of may permit ed require paragraph 17. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by ther d. The Borrrower des gnates by notice. Lender.tAny notitcetto Lender shall be given by the mailing itAdfies., class nothernaddress applicable Property any other address Lender designates by notice to Borrower. Any notice first class mail tt Lender's address stated herein or any provided for in this Security Instrument shall be deemed to have been given to Borrower or Linder when given as provide in this paragraph. 15. Governing Late; Severability. This Security Instrument shall be governed by federal law and the law o the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with without the g shall provision. not affect other provisions of this Security To the end the provisions of this Security instrument and the which can be given effect w conflicting y Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of th f Se`u??? 'lyrum nt. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any p Borrower is ld or transferred is option require mm d at npayytmentin fulltof all sums interest prior written interest in secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall pumsde a per by of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay this Security Instrument. if Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 day! of sale co other a ind as applicable law may specify for reinstatement) before sale of the Property pursuant to any pro rument conditions ose under this ths Secu ity Inst ument and the Note had noaacccele ation are th Security n all sums (b) entry of a woUd be enforcing whch thn judgment (a) pays Lender all cx nses incurred in enforcing this occurred; (b) cures any default of any other covenants or agreements; (c) pays Pe Security Instrument, including, but not limited to, reasonable attorneys fees; and (d) takes such action as Lender may Instrusment shall continue unchangedpUpont s reinstatement Borrower's Security Security on reasonably to require pay the assure sums secured by n this this effecti obligati by rument shall hereby obli the and acc Bocurro edr However, thistight to rein late shall ttt t apply n tured he case of a celcrat on under pa agraphstl3 or 17eleration had WOK U82 I'AA11W NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 19. Acceleration; Remedies. Leader shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument tout not prior to acceleration under paragraphs 13 and 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things; (a) the default; (b) the action required to cure the default; (c) when the default must be cared; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses Incurred In pursuing the remedies provided in this paragraph 19, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 20. Lender in Possession. Upon acceleration under paragraph 19 or abandonment of the Property. Lender (in person, by agent or by judicially appointed receiver) shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. Any rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Security Instrument. 21. Release. Upon payment of all sums secured by this Security Instrument, Lender shall discharge this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 22. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 23. Purchase Money Mortgage. Ifany of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 24. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 25. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements ofeaeh such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] © Adjustable Rate Rider Condominium Rider ? 2-4 Family Rider ? Graduated Payment Rider Planned Unit Development Rider ? Other(s) [specify) BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) exec fed by Borrower and recorded with it. Witnesses: .. . . ............... .................. ........ ...................................(Seal) Robert Douglas Potts -Borrower . .................................. - .............. Q..ci. ....................... ......... . (Seal) rcia F. Potts --Borrower COMM WEALTH OF PENNSYLVANIA, CUMBERLAND County ss: On this, the 2nd day of July 19 90 before me, the undersigned officer, personally appeared Robert Douglas Potts and Marcia F. Potts known to me (or satisfactorily proven) to he the persons whose names are subscribed to the within instrument and acknowledged that they `executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Y ?• .,?,` My Commission expires: , .?n X41 ,-?. NOTARIAL, SEAL •;'?: r\7: -" KAREN F. BYERS, NOTARY PUBLIC bOAO OF CARLISLE. CUMBERLAND COUNTY v MY COMMISSION EXPIRES MARCH 18. 1991 Notary Public Title ol'Officer 1 hereby certify that the precise residence of the within Mortgagee is (Signature) 'Wk ??.J fAU If%4 ADJUSTABLE RATE RIDE (Rate Caps) THIS ADJUSTABLE RATE RIDER is made this . ?R4. day of ....... July , , , , , , , , . 19.99... , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument') of the same date given by the undersigned (the "Borrower) to secure Borrower's Adjustable Rate Note (the "Note") to .The ,Gettysburg, Nat Tonal, Bagk,, Ggt?pysl?ttXg, ,?ent}SYlvgnia ............... ............................................................................................... (the "Lender's of the same date and covering the property described in the Security Instrument and located at: 345, Peach Glen kM4, .......................................... [Property Address]. THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of ..10.-3?4. off. The Note provides for changes in the interest rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the 2ndday of .... July ............ . 19.91... , and on that day of the month every twelve monthsthereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index The Index is the: "?oatrACt. interest.rake.. RtttChase. pf .pretliouAly. o>~cupi ed. homes,..... nat.ivoal..avexage. for.All. tnajor..kypes..of.Xeudexs':.published.by.tha.Office.a£........ .Tbr.ift.S.upervision............................................................................. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index."The initial Index value for the loan is .9r 74 .... %. If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding ....... 9ne, , , , , , , . , .................... percentagoints (.... l ..... %) to the Current Index. The Note Holder will then round the result of this addition to the nearest quarter of one percentage point (0. 25%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the maturity date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate 1 am required to pay at the first Change Date will not be greater than .11-3/4 , , % or less than %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than one ..... percentage points (..1..) from the rate of interest I have been paying for the preceding twelve months. My interest rate will never be greater than ...15-3/4 (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to he given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 17 of the Security Instrument is amended to read as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this option if. (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee, and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. -- boos "J82 mt 1U67 MULTISTATE ADJUSTABLE RATE RIDER-ARM-Single Family-Unlvanal FORM US-31 (12/87) If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. BY SIGNING BELOW Rider. Borrower accepts and agrees to t t m covenants contained in this Adjustable Rate ........... ... . ..........................LSeal) Robert D. Potts .. . ? ..................... .Seal) noer Marcia Fetters Potts bJC( ???:: W,EIW0 RIDER In lieu of the escrow procedure for taxes and insurance as provided in paragraph 2 of the UNIFORM COVENANTS, it is understood and agreed that Borrower, his heirs and assigns, will pay all taxes, municipal assessments and charges from time to time assessed against or upon the mortgaged premises when the same become due and payable, and will keep the buildings erected upon the premises insured in some good and reliable, fire insurance company or companies licensed to transact business in the Commonwealth of Pennsylvania, in the amount of at least $ 59.000.00, and shall take no insurance upon the buildings not marked for the benefit of the Lender, and the policy or policies, with a proper mortgagee or loss payable clause attached, shall be delivered to and held by the Lender, its successors or assigns, as collateral security for the payment of moneys secured hereby, and in case Borrower, his heirs or assigns, shall neglect to procure such insurance, or shall neglect to pay said taxes, municipal assess- ments and charges when the same become due and payable, the Lender, its successors or assigns, may take out such policy or policies in its own name, and may pay such taxes, municipal assessments and charges, and the premium or premiums paid therefore, and the sum or sums paid for such taxes, municipal assessments and charges as aforesaid, shall bear interest from the time of payment, and be added to and collected as part of the principal sum of this mortgage. i+'m 4 i4fjdwBr Notwithstanding the foregoing, Lender, its successors and assigns, may waive the foregoing paragraph and, at any time, elect to re-institute the provisions of paragraph 2 of the UNIFORM COVENANTS in their entirety. Notice of such waiver and election by the Lender shall be given to Borrower in writing. Upon receipt of said notice Borrower nt. shall have thirty (30) days to make the fWrequir escrow payme (Borrowera Date THE GETTYSBURG NATIONAL RANK By v4 r R ECG' l _f VV 4 Y '` ` \ ''r% 6J0n JAS? PAH U)6 1, Rusmir Causevic VERIFICATION Specialist (title), depose and say subject to the penalties of 18 Pa.C.S.A., sec. 4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. -Zk By: JP Morgan hase Bank, National Association Name: Rusmlr Causevlc Title: Special Zucker, Goldberg & Ackerman, LLC FCP-132515 r.I ?N o d SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~~.~€~_-~~k°i-i~~ Sheriff ,J.- ~~- ~, .~ ; ,.,~, Jody S Smith ~ ro Chief Deputy _ ZD ~ O .~~~ti~ ~ ~ ~~~ ~(~; Edward L Schorpp `~ Solicitor -~- ~ ., ~ LU6~ 4 ~ ~ ~.>4i1 r U.S. Bank National Association vs. Case Number Marcia Fetters Potts 2009-8871 SHERIFF'S RETURN OF SERVICE 01/07/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Robert Douglas Potts, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the 'defendant Robert Douglas Potts. Per current resident of 345 Peach Glen Road, Gardners, PA 17013, the defendant can be found at 46 Westview Manor, York, PA 17408. 01/12/2010 03:41 PM -Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on January 12, 2010 at 1541 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Marcia Fetters Potts, by making known unto Luke Barnheart, Adult in charge at 345 Peach Glen Road, Gardners, Cumberland County, Pennsylvania 17325 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $82.30 SO ANSWE ....,,~ January 13, 2010 ONNY R ANDERSON, SHERIFF Deputy Sher if f ,. t . IN THE COURT OF COMMON PLEAS OF 'f~" ~= ~~L''.~r°::"~'~ ~'~Y CUMBERLAND COUNTY, PENNSYLVANIA 2Qf0 J~`~ ~E3 °~ f2= J P CU~yf~ , , U.S. Bank National Association, as Trustee, CIVIL DIVISION ~'~i`1 ~ ;~~;-y ;,~``~'~ successor in interest to State Street Bank and ~~ Trust, as Trustee for Mortgage Pass-Through NO.: 09-8871 ` A~ Certificates, 2001-MS 1, : N" Plaintiff, vs. ROBERT D. POTTS a/k/a ROBERT DOUGLAS POTTS; MARCIA F. POTTS a/k/a MARCIA FETTERS POTTS Defendants. AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 U.S. Bank National Association, as Trustee, successor in interest to State Street Bank and Trust, as Trustee for Mortgage Pass-Through Certificates, 2001-MS 1, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 345 PEACH GLEN ROAD, GARDNERS, PA 17324. Name and Address of Owner(s) or Reputed Owner(s): ROBERT DOUGLASS POTTS AND MARCIA F. POTTS, HIS WIFE, AS TENANTS BY THE ENTIRETIES 46 Westview Manor York, PA 17408 AND 345 Peach Glen Road Gardners, PA 17324 2. Name and Address of Defendant(s) in the Judgment: ROBERT D. POTTS A/K/A ROBERT DOUGLAS POTTS 46 Westview Manor York, PA 17408 MARCIA F. POTTS A/K/A MARCIA FETTERS POTTS 345 Peach Glen Road Gardners, PA 17324 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO STATE STREET BANK AND TRUST, AS TRUSTEE FOR MORTGAGE PASS-THROUGH CERTIFICATES, 2001-MS1 Plaintiff STATE STREET BANK AND TRUST COMPANY, AS TRUSTEE 11200 WEST PARKLAND AVENUE MILWAUKEE, WI 53224 AND C/O PHELAN, HALLINAN & SCHMIEG, LLP ONE PENN CENTER PLAZA, STE. 1400 PHILADELPHIA, PA 19103 CUMBERLAND COUNTY ADULT PROBATION ONE COURTHOUSE SQUARE CARLISLE, PA 17013-3387 4. Name and Address of the last record holder of every mortgage of record: U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO STATE STREET BANK AND TRUST, AS TRUSTEE FOR MORTGAGE PASS-THROUGH CERTIFICATES, 2001-MS1 Plaintiff PENNSYLVANIA HOUSING FINANCE AGENCY 211 NORTH FRONT STREET HARRISBURG, PA 17101 WASHINGTON MUTUAL BANK 7255 BAYMEADOWS WAY JACKSONVILLE, FL 32256 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square 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: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 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: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 UNKNOWN TENANT OR TENANTS 345 PEACH GLEN ROAD GARDNERS, PA 17324 UNKNOWN SPOUSE 46 Westview Manor York, PA 17408 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.~.S.~4904 rela~i~g to Sworn falsification to authorities. // / ~ ~ //r- ZUCKER Dated: March 5, 2010 BY: Scott A. ie e i sq 'r , PA I. . #55650 Kimberl A. Bonner, Esquire; PA.LD. #89705 Joel A. A rman, Esquire; PA I.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FCP-132515 (908) 233-8500; (908) 233-1390 FAX E-mail: Office@zuckergoldberg. com Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN DICKINSON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER OF THE BENDERSVILLE ROAD, MARKED BY A HEAVY NAIL; THENCE ALONG THE CENTER OF THE SAID BENDERSVILLE ROAD, NORTH 12 3/4 DEGREES EAST 457.65 FEET, MORE OR LESS, TO LAND NOW OR FORMERLY OF HARRY P. FANUS; THENCE BY SAID FANUS LAND NORTH 64 DEGREES EAST 5 PERCHES TO A CORNER ON THE FANUS LAND; THENCE BY THE FANUS LAND SOUTH 74 DEGREES EAST 21.8 PERCHES TO A CORNER IN THE FANUS LAND, THENCE BY THE SAME SOUTH 30 3/4 DEGREES EAST 13.6 PERCHES TO THE CORNER OF LAND NOW OR FORMERLY OF C.F. BEAM, THENCE ALONG THE LINE OF BEAM SOUTH 52 DEGREES WEST 41.7 PERCHES TO A POLAR TREE; THENCE BY THE LAND OF FRANK L. BLACK AND WIFE, NORTH 73 1/2 DEGREES WEST 17 PERCHES TO THE NAIL IN THE CENTER OF THE BENDERSVILLE ROAD THE PLACE OF BEGINNING, CONTAINING 4 ACRES, MORE OR LESS. BEING THE SAME PROPERTY WHICH MORRIS E. BEAM AND STELLA M. BEAM, HIS WIFE , BY DEED DATED APRIL 24, 1946 AND RECORDED IN CUMBERLAND COUNTY RECORDER OF DEED'S OFFICE IN DEED BOOK 13-E, PAGE349, GRANTED AND CONVEYED TO JOHN SHELLEMAN AND ROMAYNE SHELLEMAN, HIS WIFE, GRANTORS HEREIN. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 345 PEACH GLEN ROAD, GARDNERS, PA, 17324. BEING THE SAME PREMISES WHICH JOHN SHELLEMAN AND ROMAYNE SHELLEMAN, HIS WIFE, BY DEED DATED JULY 2, 1990 AND RECORDED JULY 2, 1990 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME Q-34, PAGE 756, GRANTED AND CONVEYED UNTO ROBERT DOUGLASS POTTS AND MARCIA F. POTTS, HIS WIFE, AS TENANTS BY THE ENTIRETIES. TAX MAP NO.: 08-16-0210-003. P. 02 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA J S. Bank National Association, as Trustee, successor in interest to State Street Bank and Trust, as Trustee for Mortgage Pass-Through Certificates, 2001-MS1, CIVIL DIVISION NO., 09-8871 Plaintiff, vs. ROBERT D. POTT5 a/k/a ROBERT DOUGLAS POTTS; MARCIA F, POTTSa/k/a MARCIA FETTERS POTTS Defendants. /6 QlLa -21. Art U. 00 1"FA is Y4 L)AA.) i9 PRAECIPE TO SA'CISFY JUDGMENT TO THE PROTHONOTARY: Please mark the judgment filed at the above-captioned term and number satisfied, Respectfull bmitted: ZUCKER, GO ERG ACKERMAN, LLC BY: Dated: August 24, 203.0 Scott A. Dietterick, Esquire; PA 1. 0. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Attorneys for Plaintiff FCP-132515/ka 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 (908) 233.8500; (908) 233.1390 FAX Email; Office@zuckergoldberg.com Zucker, Goldberg &. Ackerman, LLC FCP-132515 TOTAL P.02 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor r~ ~J ., r.... i L '1 i ~ t'{ Y:/ U.S. Bank National Association vs. Marcia Fetters Potts (et al.) Case Number 2009-8871 SHERIFF'S RETURN OF SERVICE 0 311 7/2 0 1 0 Ronny R. Anderson ,Sheriff who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Marcia F.Potts, a/k/a Marcia Fetters Potts, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. 03/17/2010 Ronny R. Anderson ,Sheriff who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Robert D. Potts, a/k/a Robert Douglas Potts, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. 04/06/2010 05:39 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 416110 at 1735 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 Marcia Fetters Potts and Robert Douglas Potts, located at, 345 Peach Glen Road, Gardners, Cumberland County, Pennsylvania according to law. 05/03/2010 York County Return and now the, 21st day of April, 2010, at 1100 hrs served the within Real Estate Writ, Notice of Sale and Description upon Robert D. Potts, a/k/a Robert Douglas Potts, the defendant, by making known unto Jeannette Potts (Mother) at 46 Westview Manor, York, Pennsylvania its contents and at the same time handing to her a true and correct copy of the same. So Answers: Steven Diehl, Deputy Sheriff of York County, Pennsylvania. 05/03/2010 York County Return, Not Found, and now the, 3rd day of May 2010, did not serve the within Real Estate Writ, Notice of Sale and Description upon Marcie Fetters Potts, the defendant, defendant moved and did not leave a forwarding address with the post office. So Answers: Richard P. Keuerleber, Sheriff of York, County, Pennsylvania. 05/06/2010 Property sale postponed to 9/8/2010. 06/28/2010 Order of Court Received this date, to post mortgaged premises for service upon Marcia Fetters Potts. cab 06/30/2010 06:32 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 6/30/1 C at 1830 hours, he served a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, by posting per Court Order, upon the property of Marcia Fetters Potts, located at, 345 Peach Glen Road, Gardners, Cumberland County, Pennsylvania according to law. 08/26/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Scott Dietterick SHERIFF COST: $1,155.47 SO ANSWERS, ~. August 27, 2010 RON R ANDERSON, SHERIFF c~ • ~ ~~~ - ~'r'> ~~ f~-~' . ~~77 G / ,. Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. Bank National Association, as Trustee, CIVIL DIVISION successor in interest to State Street Bank and Trust, as Trustee for Mortgage Pass-Through NO.: 09-8871 Certificates, 2001-MS1, Plaintiff, vs. ROBERT D. POTTS a/k/a ROBERT DOUGLAS POTTS; MARCIA F. POTTS a/k/a MARCIA FETTERS POTTS : Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 U.S. Bank National Association, as Trustee, successor in interest to State Street Bank and Trust, as Trustee for Mortgage Pass-Through Certificates, 2001-MS1, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 345 PEACH GLEN ROAD, GLEN GARDNERS, PA 17324. 1. Name and Address of Owner(s) or Reputed Owner(s): ROBERT DOUGLASS POTTS AND MARCIA F. POTTS, HIS WIFE, AS TENANTS BY THE ENTIRETIES 46 Westview Manor York, PA 17408 AND 345 Peach Glen Road Glen Gardners, PA 17324 2. Name and Address of Defendant(s) in the Judgment: ROBERT D. POTTS A/K/A ROBERT DOUGLAS POTTS 46 Westview Manor York, PA 17408 MARCIA F. POTTS A/K/A MARCIA FETTERS POTTS 345 Peach Glen Road Glen Gardners, PA 17324 %ud:er. Goldber~~ ~~ rlckerman_ LLC' f=C:P-1 ;2; ~ L 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO STATE STREET BANK AND TRUST, AS TRUSTEE FOR MORTGAGE PASS-THROUGH CERTIFICATES, 2001-MS 1 Plaintiff STATE STREET BANK AND TRUST COMPANY, AS TRUSTEE 11200 WEST PARKLAND AVENUE MILWAUKEE, WI 53224 AND C/O PHELAN, HALLINAN & SCHMIEG, LLP ONE PENN CENTER PLAZA, STE. 1400 PHILADELPHIA, PA 19103 CUMBERLAND COUNTY ADULT PROBATION ONE COURTHOUSE SQUARE CARLISLE, PA 17013-3387 4. Name and Address of the last record holder of every mortgage of record: U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO STATE STREET BANK AND TRUST, AS TRUSTEE FOR MORTGAGE PASS-THROUGH CERTIFICATES, 2001-MS1 Plaintiff PENNSYLVANIA HOUSING FINANCE AGENCY 211 NORTH FRONT STREET HARRISBURG, PA 17101 WASHINGTON MUTUAL BANK 7255 BAYMEADOWS WAY JACKSONVILLE, FL 32256 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Zucker- Goldher,~ & Ackerman. LLC' PCP-I ~2~1 propert 6 Name and Address of every other ers Y and .whose interest may be affected b p on who has an Y the sale: Y record interest in the COMMONWEALTH OF pE DEPARTMENT OF WELFARE S YL VANIA P.O• Box 2675 Harrisburg, pA 17105 who has Name and Address of eve any interest in the propert n' other person of whom Y which ma the Plaintiff has knowledge y be affected by the sale: CUMBERLAND COUNTY DO Domestic Relations Section MESTIC RELATIONS OFFICE 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 UNKNO ~'N TENANT OR TENANTS 345 PEACH GLEN ROAD GLEN GARDNERS, PA 17324 ~~OW1V SPOUSE 46 Westview Manor York, PA 17408 PA DEPT. OF REVENUE- INHERITANCE TAX Dept. 280601 DIVISION Harrisburg, PA 17128-0601 I verify that the statements made in this Affidavit are personal knowledge, info subject to the rmation and belief. I understand tha Ise statements her best of my penalties of 18 Pa.C.S. §4904 relatin to ns'. i c tion to authorihes?nade ZUCKE L r 1ZMAN, LLC Dated: March 5, 2010 BY: Scott A. i Brick Kimberl ~ squire; PA LD. #55650 Y .Bonner, Esquire; PA.I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. 200 Sheffield Street, Suite 301 #202729 Mountainside, NJ 07092 File No.: FCP-132515 (908) 233-8500; (908) 233-1390 FAX E-mail: Office@zuckergoldberg. com 7ucl:er. Goldberg K ~lckenuan. (,[,(' FCP-1 ;?;1 ` ~ IN THE• COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. Bank National Association, as Trustee, CIVIL DIVISION successor in interest to State Street Bank and Trust, as Trustee for Mortgage Pass-Through NO.: 09-8871 Certificates, 2001-MS1, : Plaintiff, vs. ROBERT D. POTTS a/k/a ROBERT DOUGLAS POTTS; MARCIA F. POTTS a/k/a MARCIA FETTERS POTTS Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 ROBERT D. POTTS a/k/a ROBERT DOUGLAS POTTS 46 Westview Manor York, PA 17408 AND 345 Peach Glen Road Glen Gardners, PA 17324 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 06/02/2010 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") The LOCATION of your property to be sold is: 345 PEACH GLEN ROAD, GLEN GARDNERS, PA, 17324 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 09-8871 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Zucker, Goldberg & Ackerman, LLC FCP-132515 IfCBERT D. POTTS a/k/a ROBERT DOUGLAS POTTS; MARCIA F. POTTS a/k/a MARCIA FETTERS~POTTS A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland Zucker, Goldberg & Ackerman, LLC FCP-132515 y 'County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387, before presentation of the petition to the Court. ZUCKER GOLDBERG & ACKERMAN, LLC Dated: March 5, 2010 BY: Scott A. Dietterick, Esquire; PA LD. #55650 Kimberly A. Bonner, Esquire; PA.I.D. #89705 Joel A. Ackerman, Esquire; PA LD. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FCP-132515 (908) 233-8500; (908) 233-1390 FAX E-mail: Office@zuckergoldberg.com VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. Zucker, Goldberg & Ackerman, LLC FCP-132515 .r Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN DICKINSON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER OF THE BENDERSVILLE ROAD, MARKED BY A HEAVY NAIL; THENCE ALONG THE CENTER OF THE SAID BENDERSVILLE ROAD, NORTH 12 3/4 DEGREES EAST 457.65 FEET, MORE OR LESS, TO LAND NOW OR FORMERLY OF HARRY P. FANUS; THENCE BY SAID FANUS LAND NORTH 64 DEGREES EAST 5 PERCHES TO A CORNER ON THE FANUS LAND; THENCE BY THE FANUS LAND SOUTH 74 DEGREES EAST 21.8 PERCHES TO A CORNER IN THE FANUS LAND, THENCE BY THE SAME SOUTH 30 314 DEGREES EAST 13.6 PERCHES TO THE CORNER OF LAND NOW OR FORMERLY OF C.F. BEAM, THENCE ALONG THE LINE OF BEAM SOUTH 52 DEGREES WEST 41.7 PERCHES TO A POLAR TREE; THENCE BY THE LAND OF FRANK L. BLACK AND WIFE, NORTH 73 1/2 DEGREES WEST 1? PERCHES TO THE NAIL IN THE CENTER OF THE BENDERSVILLE ROAD THE PLACE OF BEGINNING, CONTAINING 4 ACRES, MORE OR LESS. BEING THE SAME PROPERTY WHICH MORRIS E. BEAM AND STELLA M. BEAM, HIS WIFE , BY DEED DATED APRIL 24, 1946 AND RECORDED IN CUMBERLAND COUNTY RECORDER OF DEED'S OFFICE IN DEED BOOK 13-E, PAGE349, GRANTED AND CONVEYED TO JOHN SHELLEMAN AND ROMAYNE SHELLEMAN, HIS WIFE, GRANTORS HEREIN. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 345 PEACH GLEN ROAD, GLEN GARDNERS, PA, 17324. BEING THE SAME PREMISES WHICH JOHN SHELLEMAN AND ROMAYNE SHELLEMAN, HIS WIFE, BY DEED DATED JULY 2, 1990 AND RECORDED JULY 2, 1990 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME Q-34, PAGE 756, GRANTED AND CONVEYED UNTO ROBERT DOUGLASS POTTS AND MARCIA F. POTTS, HIS WIFE, AS TENANTS BY THE ENTIRETIES. TAX MAP NO.: 08-16-0210-003. locker, Goldbere & Ackannan, I,L,C 1'C'l'-li2~] IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. Bank National Association, as Trustee, CNIL DIVISION successor in interest to State Street Bank and Trust, as Trustee for Mortgage Pass-Through NO.: 09-8871 Certificates, 2001-MS 1, Plaintiff, vs. ROBERT D. POTTS a/k/a ROBERT DOUGLAS POTTS; MARCIA F. POTTS a/k/a MARCIA FETTERS POTTS Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 MARCIA F. POTTS a/k/a MARCIA FETTERS POTTS 46 Westview Manor York, PA 17408 AND 345 Peach Glen Road Glen Gardners, PA 17324 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 06/02/2010 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") The LOCATION of your property to be sold is: 345 PEACH GLEN ROAD, GLEN GARDNERS, PA, 17324 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 09-8871 Zucker, Goldberg & Ackerman, LLC FCP-132515 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: ROBERT D. POTTS a/k/a ROBERT DOUGLAS POTTS; MARCIA F. POTTS a/k/a MARCIA FETTERSPOTTS A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. Zucker, Goldberg & Ackerman, LLC FCP-132515 a - 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387, before presentation of the petition to the Court. ZUCKER GOLDBERG & ACKERMAN, LLC Dated: March 5, 2010 BY: Scott A. Dietterick, Esquire; PA LD. #55650 Kimberly A. Bonner, Esquire; PA.LD. #89705 Joel A. Ackerman, Esquire; PA LD. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FCP-132515 (908) 233-8500; (908) 233-1390 FAX E-mail: Office@zuckergoldberg.com VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. Zucker, Goldberg & Ackerman, LLC FCP-13251 S ~, y ~ . Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN DICKINSON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER OF THE BENDERSVILLE ROAD, MARKED BY A HEAVY NAIL; THENCE ALONG THE CENTER OF THE SAID BENDERSVILLE ROAD, NORTH 12 3/4 DEGREES EAST 457.65 FEET, MORE OR LESS, TO LAND NOW OR FORMERLY OF HARRY P. FANUS; THENCE BY SAID FANUS LAND NORTH 64 DEGREES EAST 5 PERCHES TO A CORNER ON THE FANUS LAND; THENCE BY THE FANUS LAND SOUTH 74 DEGREES EAST 21.8 PERCHES TO A CORNER IN THE FANUS LAND, THENCE BY THE SAME SOUTH 30 3/4 DEGREES EAST 13.6 PERCHES TO THE CORNER OF LAND NOW OR FORMERLY OF C.F. BEAM, THENCE ALONG THE LINE OF BEAM SOUTH 52 DEGREES WEST 41.7 PERCHES TO A POLAR TREE; THENCE BY THE LAND OF FRANK L. BLACK AND WIFE, NORTH 73 1/2 DEGREES WEST 17 PERCHES TO THE NAIL IN THE CENTER OF THE BENDERSVILLE ROAD THE PLACE OF BEGINNING, CONTAINING 4 ACRES, MORE OR LESS. BEING THE SAME PROPERTY WHICH MORRIS E. BEAM AND STELLA M. BEAM, HIS WIFE , BY DEED DATED APRIL 24, 1946 AND RECORDED IN CUMBERLAND COUNTY RECORDER OF DEED'S OFFICE iN DEED BOOK 13-E, PAGE349, GRANTED AND CONVEYED TO JOHN SHELLEMAN AND ROMAYNE SHELLEMAN, HIS WIFE, GRANTORS HEREIN. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 345 PEACH GLEN ROAD, GLEN GARDNERS, PA, 17324. BEING THE SAME PREMISES WHICH JOHN SHELLEMAN AND ROMAYNE SHELLEMAN, HIS WIFE, BY DEED DATED JULY 2, 1990 AND RECORDED JULY 2, 1990 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME Q-34, PAGE 756, GRANTED AND CONVEYED UNTO ROBERT DOUGLASS POTTS AND MARCIA F. POTTS, HIS WIFE, AS TENANTS BY THE ENTIRETIES. TAX MAP NO.: 08-16-0210-003. Nicker, (iuklbere ~& Ad.ennan, I,I,C FY'P-13?~1i ~• ~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N02009-8871 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO STATE STREET BANK AND TRUST, AS TRUSTEE FOR MORTGAGE PASS-THROUGH CERTIFICATES, 2001-MS1, Plaintiff (s) From ROBERT D. POTTS A/K!A ROBERT DOUGLAS POTTS; MARCIA F. POTTS A/K/A MARCIA FETTERS POTTS (I) 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$13,939.27 L.L.$.50 Interest FROM 03/06/2010 TO DATE OF SALE $6,361.08 Atty's Comm % Due Prothy $2.00 Atty Paid $297.10 Other Costs Plaintiff Paid Date: MARCH 10, 201.0 . Buell, othonotary (Seal) By: Deputy REQUESTING PARTY: Name SCOTT A. DIETTERICK, ESQUIRE Address; ZUCKER, GOLDBERG & ACKERMAN, LLC, 200 SHEFFIELD STREET, SUITE 301, MOUNTAINSIDE, NJ 07092 Attorney for: Plaintiff Telephone: 908-233-8500 Supreme Court ID No. 55650 On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, PA, Known and numbered as, 345 Peach Glen Road, Gardners, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By: Real 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: April 16, April 23, and Apri130, 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. sa Marie Coyne, , ' or SWORN TO AND SUBSCRIBED before me this 30 day of April, 2010 ~~ Notary ~..~. NOTARIAL. SEAL DEBORAH A COLLINS Notary Fubfic CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 wnt No. 2009-5871 civil U.S. Bank National Association as Trustee Successor in Interest to State Street Bank and Trust, as Trustee for Mortgage Pass-Through Certificates, 2001-MS 1 vs. Mazcia Fetters Potts a/k/a Marcia F. Potts Robert Douglas Potts a/k/a Robert D. Potts Atty: Scott Dietterick ALL THAT CERTAIN tract of land situate in Dickinson Township, Cumberland County, Pennsylvania bounded and described as follows: BEGINNING at a point in the center of the Bendersville Road, marked by a heavy nail; thence along the center of the said Bendersville Road, North 12 3/4 degrees East 457.65 feet, more or less, to land now or formerly of Harry P. Fanus; thence by said Fanus land North 64 degrees East 5 perches to a corner on the Fanus land; thence by the Fanus land South 74 degrees East 21.8 perches to a corner in the Fanus land, thence by the same South 30 3/4 degrees East 13.6 perches to the corner of land now or formerly of C.F. Beam, thence along the line of Beam South 52 degrees West 41.7 perches to a polar tree; thence by the land of Frank L. Black and wife, North 73 1/2 degrees West 17 perches to the nail in the center of the Bendersville Road the place of beginning, contain- ing 4 acres, more or less. BEING the same property which Morris E. Beam and Stella M. Veam, his wife by deed dated April 24, 1946 and recorded in Cumberland County Recorder of Deed's Office in Deed Book 13-E, Page349, granted and conveyed to John Shelleman and Romayne Shelleman, his wife, grantora herein. HAVING thereon erected a dwell- ing house being known and num- bered as 345 Peach Glen Road, Glen Gardners, PA, 17324. BEING the same premises which John Shelleman and Romayne Shel- leman, his wife, by deed dated July 2, 1990 and recorded July 2, 1990 in and for Cumberland County, Penn- sylvania, in Deed Book Volume Q-34, Page 756, granted and conveyed unto Robert Douglass Potts and Marcia F. Potts, his wife, as tenants by the entireties. TAX MAP NO.: 08-16-0210-003. The Patriot-News Co. 2020 Technology Pkwy Suite 300 IVlechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c~hepatriot News 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 Marianne Miller, 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: ~ 04/16/10 04/23/10 -~- 04/30/10 .. ~!'c 2.'~~2 ....................... . Sworn to a s~fbscribed before ~ this~'~ 8 of May, 2010 A. D. '~ , .~, Notary Public _`\\~~ COMMONWEAt.°PM p-~ PENNSYI,VANLA Notarial Saab` sherrie L. Klsner, IVota,y p~ Lower Paxton Tyvp,, nauphln County MY Commission moires Nov. 26, 2011 Member, Pennsylvania Association of Notaries ~Yt>Mit 1Mo. lAOi~N'lt ChrN'TYrm r' ~ ~ '-•1 as'~1'tlllles t~iNli~iMOf IA hfOM~st i . to State Street Bank and Trust, as Trustee for Mortgage pass-Through. Certlflcates, 2001-MS1 vs. Marcia Fetterr3 Potts , alWa Marcia F. Potts Robert Do~las Potts a/k/a Robert D. Potts , . Atty: Scott Dletterlck , ALL THAT CERTAIN TRACT OF LAND . SITUATE IN DICKINSON TOWNSHIP,,,. CUMBERLAND, COUNTY, PENNSYLVANIA BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING at a point IN THE CENTER OF,_,., THE BENDERSVH.LE ROAD, MARKED BY A HEAVY. NAIL; THNECE ALONG THE CENTER OF THE SAID BENDERSVILI.E,,; ROAD, NORTH 12 3/4 DEGREES EAST 457.65 FEET, MORE OR LESS, TO LAND ~~ NOW OR FORMERLY OF HARRY P. FANUS; THENCE BY SAID FANUS LAND NORTH 6{~,, DEGREES EAST 5 PERCHES TO A CORNER ON THE:FANUS LAND; THENCE BY THE FANUS LAND SOUTH 74 DEGREES EAST 21.8 PERCHES TO A CORNER IN THE FANUS LAND, THENCE BY THIi SAME SOUTH 30 3i4 DEGREES EAST 13.6 PERCHES TO THE , CORNER OF LAND NOW OK FORMERLY OF C.F. BEAM, THENCE ALONG THE LINir OF BEAM SOUTH 52 DEGREES WEST 41.7 PERCHES TO A POLAR TREE; THENCE BY THE LAND OF FRANK L BLACK AND WIFE, NORTH 73 1!2 DEGREES WEST 17 :. PERCHF.$TO THENAII. IN THE CENTER OF„„ THE BENDERSVIf.LE ROAD THE PLACE OF B EGINNING, CONTAII3ING 4 ACRFS, MORE OR LESS. r BEING THE SAME PROPERTY WHICH M~RRI5 E. BEAM AND STELLA M. BEAM,. Hla WIFE , BY DEED DATED'APRII. 24,: 19.b6 AND RECORDED IN CUMBERLAND ~ , , ~:OUNTY RECORDER OF DEED'S OFFICE IN DEED BOOK 13-E, PAGE349, GRANTED , AND CONVEYED TO JOHN SHELLEMAN,, AND ROMAYNE SI~ELLEMAN, HIS WIFE,~~„ GRANTORS HEREIN. HAVINGTHERE'ONERECTEDADWELLINGc ,. HOUSE BEING KNOWN ANl) NUMBERED AS 345 PEACH GLEN ROAD, GLEN GARDNERS, PA, 17324. , BEING THE SAME PREMISES WHICH JOHN. , , SFIELLEMMANANDROMAYNE5HELLEMAN, HIS WIFE, BY DEED DATED JULY 2, 1990 AND RECORDED JULY 2,1990IN AND FOR,, CUMEERLAND co4}NTY, PENNSYLVANIA, IN DEED BOOK VOLUME Q-34, PAGE 756, GRANTED AND CONVEYED UNTO ROBERT DOUGLASS POTTS AND MARCIA F. POTTS, HI5 WIFE, AS TENANTS BY THE TAX MAP NO.: 08-16021P-003