HomeMy WebLinkAbout10-1914„n ? r,?,7M
EF iU c l V? ?'?rARY
2010 F ? i N ?:
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McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
%MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Wells Fargo Bank, NA
1 Home Campus
DesMoines, Iowa 50328
V.
Christian C. Moore
1 Vineyard Haven
New Cumberland, Pennsylvania 17070
Megan L. Moore
1 Vineyard Haven
New Cumberland, Pennsylvania 17070
Attorneys for Plaintiff
Cumberland County
Court of Common Pleas
Number lb- M4 a-tv'kt I1Prt^
CIVIL ACTION/MORTGAGE FORECLOSURE
O
40.00 Pis IAT*ry
M* 9-Mgcl,
K* a3g0171
NOTICE
You have been sued in court. If you wish to defend
against the claims set forth in the following pages, you
must take action within twenty (20) days after this
complaint and notice are served, by entering a written
appearance personally or by attorney and filing in
writing with the court your defenses or objections to the
claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a
judgment may be entered against you by the court
without further notice for any money claimed in the
complaint or for any other claim or relief requested by
the plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO
YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT
HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A
LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT
AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR
NO FEE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800) 990-9108
AVISO
Le han demandado a usted en la corte. Si usted quiere
defenderse de estas demandas ex-puestas en las paginas
siguientes, usted tiene veinte (20) dias de plazo al partir
de la fecha de la demanda y la notificacion. Hace falta
asentar una comparencia escrita o en persona o con un
abogado y entregar a la corte en forma escrita sus
defensas o sus objeciones a las demandas en contra de
su persona. Sea avisado que si usted no se defiende, la
corte tomara medidas y puede continuar la demanda en
contra suya sin previo aviso o notificacion. Ademas, la
corte puede decidir a favor del demandante y requiere
que usted cumpla con todas las provisiones de esta
demanda. Usted puede perder dinero o sus propiedades
u otros derechos importantes para usted.
USTED LE DEBE TOMAR ESTE PAPEL A
SU ABOGADO INMEDIATAMENTE. SI USTED NO
TIENE A UN ABOGADO, VA A O TELEFONEA LA
OFICINA EXPUSO ABAJO. ESTA OFICINA LO
PUEDE PROPORCIONAR CON INFORMATION
ACERCA DE EMPLEAR A UN ABOGADO.
SI USTED NO PUEDE PROPORCIONAR
PARA EMPLEAR UN ABOGADO, ESTA OFICINA
PUEDE SER CAPAZ DE PROPORCIONARLO CON
INFORMACION ACERCA DE LAS AGENCIAS
QUE PUEDEN OFRECER LOS SERVICIOS
LEGALES A PERSONAS ELEGIBLES EN UN
HONORARIO REDUCIDO NI NINGUN
HONORARIO.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800) 990-9108
CIVIL ACTION/MORTGAGE FORECLOSURE
Plaintiff is Wells Fargo Bank, NA, a corporation duly organized and doing business at the
above captioned address.
2. The Defendant is Christian C. Moore, who is the mortgagor and real owner of the mortgaged
property hereinafter described, and his/her last-known address is 1 Vineyard Haven, New Cumberland,
Pennsylvania 17070.
The Defendant is Megan L. Moore, who is the mortgagor and real owner of the mortgaged
property hereinafter described, and his/her last-known address is 1 Vineyard Haven, New Cumberland,
Pennsylvania 17070.
4. On June 28, 2006, mortgagors 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 Mortgage Book 1960, Page 1661.
The premises subject to said mortgage is described in the mortgage attached as Exhibit "A"
and is known as I Vineyard Haven, New Cumberland, Pennsylvania 17070.
6. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due August 20, 2009 and each month thereafter are due and unpaid, and by the terms of said
mortgage, upon default in such payments for a period of one month, the entire principal balance and all
interest due thereon are collectible forthwith.
The following amounts are due on the mortgage:
Principal Balance $ 85,983.25
Interest through February 22, 2010 $ 4,619.80
(Plus $21.50 per diem thereafter)
Attorney's Fee $ 1,250.00
GRAND TOTAL $ 91,853.05
8. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and
notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter
13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular
mail with a certificate of mailing and by certified mail, return receipt requested.
WHEREFORE, Plaintiff demands in rem Judgment against the Defendant in the sum of $91,853.05,
together with interest at the rate of $21.50 per diem and other costs and charges collectible under the
mortgage and for the foreclosure and sale of the mortgaged property.
McCABE, WEISBERG AND CONWAY,P.C.
BY:
Attorneys for P mtiff
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
VERIFICATION
The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the
within action, and that he/she is authorized to make this verification and that the foregoing facts based on
the information from the Plaintiff, who is not available to sign this, are true and correct to the best of
his/her knowledge, information and belief and further states that false statements herein are made subject
to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities.
McCABE, WEISBERG AND CONWAY,P.C.
BY:
Attorneys for P intiff
TERRENCE J. MCCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
After Recording Return To:
Wells Fargo Bank, N.A.
Attn: Document Mgt-
P.O. Buz 31557
MAC B6908-012
Billings, MT 59107-9900
1-866-820-9199
(Name & Address and Tel. No.)
This instrument prepared by:
Wells Fargo Bank, N.A.
SHARON SEEDS
DOCUMENT PREPARATION
2202 W ROSE GARDEN LN
PHOENIX, ARIZONA 85027
877-524-0858
(Name & Address and Tel. No.)
?`i.VV1?LGt n^.
•^?, ?+?L Jl ?? 1? ld
Exhit?it R
[Space Above This Line For Recording Data]
Reference: 20061357500057 Account number: 650-650-1822030-OXXX
MORTGAGE
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined
elsewhere in this document. Certain rules regarding the usage of words used in this document are also
provided in Section 14.
(A) "Security Instrument" means this document, which is dated JUNE 28, 2006, together with all
Riders to this document.
(B) "Borrower" is CHRISTIAN C. MOORE AND MEGAN L. MOORE, HUSBAND AND WIFE.
Whose property address is I VINEYARD HAVEN NEW CUMBERLAND, PENNSYLVANIA
17070. Borrower is the mortgagor under this Security Instrument.
(C) "Lender" is Wells Fargo Bank, N.A.. Lender is a national bank organized and existing under the
laws of the United States. Lender's address is 101 North Phillips Avenue, Sioux Falls, SD 57104.
Lender is the mortgagee under this Security Instrument.
(D) "Debt Instrument" means the promissory note signed by Borrower and dated JUNE 28, 2006. The
Debt Instrument states that Borrower owes Lender NINETY-FIVE THOUSAND AND 00/100ths
Dollars (U.S. S 95,000.00) plus interest. Borrower has promised to pay this debt in one or more regular
Periodic Payments and to pay the debt in full not later than JULY 20, 2021.
(E) "Property" means the property that is described below under the heading "Transfer of Rights in the
"Loan" means all amounts owed now or hereafter under the Debt Instrument, including without
limitation principal, interest, any prepayment charges, late charges and other fees and charges due under
the Debt Instrument, and also all sums due under this Security Instrument, plus interest.
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(G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable]:
N/A Leasehold Rider
N!A Third Party Rider
N!A Other(s) [specify]
N/A
(H) "Applicable Law" means all controlling applicable federal law and, to the extent not preempted by
federal law, state and local statutes, regulations, ordinances and administrative rules and orders (that have
the effect of law) as well as all applicable final, non-appealable judicial opinions.
(I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and
other charges that may be imposed on Borrower or the Property by a condominium association,
homeowners association or similar organization.
(J) "Electronic 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 terminal, telephonic
instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit
or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller
machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse
transfers.
(K) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds
paid by any third party (other than insurance proceeds paid under the coverages described in Section 4)
for: (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 and/or condition of the Property.
(L) "Periodic Payment" means the amounts as they become due for principal, interest and other charges
as provided for in the Debt Instrument-
(N) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether
or not that party has assumed Borrower's obligations under the Debt Instrument and/or this Security
Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions
and modifications of the Debt Instrument; and (ii) the performance of Borrower's covenants and
agreements under this Security Instrument and the Debt Instrument. For this purpose, Borrower does
hereby mortgage, grant and convey to Lender the following described property located in the
County of CUMBERLAND
[Type of Recording Jurisdiction] [Name of Recording Jurisdiction]
Parcel Identification number: 1325-845
SEE ATTACHED EXHIBIT
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which currently has the address of
NEW CUMBERLAND
1 VINEYARD HAVEN
[City]
, Pennsylvania
[Street]
17070 ("Property Address"):
[Zip Code]
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. All of the foregoing is referred to in this
Security Instrument as the "Property." The Property shall also include any additional property described
in Section 20.
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 as of the execution date of this Security Instrument. Borrower warrants and
will defend generally the title to the Property against all claims and demands, subject to any
encumbrances of record.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Prepayment and Other Charges. Borrower shall pay
when due the principal of, and interest on, the debt evidenced by the Debt Instrument and any prepayment
charges, late charges and other charges due under the Debt Instrument. Payments due under the Debt
Instrument and this Security Instrument shall be made in U.S. currency. However, if any check or other
instrument received by Lender as payment under the Debt Instrument or this Security Instrument is
returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Debt
Instrument and this Security Instrument be made in one or 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 institution 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 (or in
accordance with) the Debt Instrument or at such other location as may be designated by Lender in
accordance with the notice provisions in Section 13. Subject to Applicable Law, 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 partial 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.
2. Application of Payments or Proceeds. Unless other procedures are set forth in the Debt
Instrument or Applicable Law, Lender may apply payments in any order that Lender deems appropriate.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due
under the Debt Instrument shall not extend or postpone the due date, or change the amount, of the
Periodic Payments.
3. Charges; Liens. Borrower shall pay all 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, if any.
Borrower shall promptly discharge any lien which has priority over this Security Instrument
unless Borrower: (a) has disclosed such lien to Lender at application for the Loan or agrees in writing to
the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as
Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against
enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the
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enforcement of the lien while those proceedings are pending, but only until such proceedings are
concluded; 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
that can attain priority over this Security Instrument and which was not disclosed on the application for
the Loan that Borrower provided to Lender, Lender may give Borrower a notice identifying the lien.
Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or
more of the actions satisfactory to Lender set forth above in this Section 3.
Lender may require Borrower to pay a one-titne• charge for a real estate tax verification and/or
reporting service used by Lender in connection with this Loan.
4. Property 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 including, but not limited to, earthquakes and floods, for which Lender
requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and
for the periods that Lender requires. What 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 Borrower's choice, which right shall not be exercised
unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time
charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood
zone determination 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
connection with the review of any flood zone determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance
coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any
particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might
not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk,
hazard or liability and might provide greater or 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 4
shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear
interest at the rate applicable to the Debt Instrument from time to time, from the date of disbursement and
shall be payable, with such interest, upon notice from Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to
Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name
Lender as mortgagee and/or as an additional loss payee and Borrower further agrees to generally assign
rights to insurance proceeds to the holder of the Debt Instrument up to the amount of the outstanding loan
balance. Upon Lender's request, Borrower shall promptly give to Lender copies of all policies, renewal
certificates, receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance
coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy
shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss
payee and Borrower further agrees to generally assign rights to insurance proceeds to the holder of the
Debt Instrument up to the amount of the outstanding loan balance.
In the event of loss and subject to the rights of any lienholder with rights to insurance proceeds
that are superior to Lender's rights, the following provisions in this Section 4 shall apply. 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, any insurance proceeds,
whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair
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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 shall 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 inspection shall be undertaken promptly. Lender may disburse
proceeds for the repairs and restoration 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 interest to be
paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on
such proceeds. 'Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out
of the insurance proceeds and shall be the sole obligation of Borrower. 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 the excess, if any, paid to
Borrower. Such insurance proceeds shall be applied in the order provided for 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 that the
insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day
period will begin when the notice is given. In either event, or if Lender acquires the Property under
Section 21 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance
proceeds in an amount not to exceed the amounts unpaid under the Debt Instrument 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 are
applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or
restore the Property or to pay amounts unpaid under the Debt Instrument or this Security Instrument,
whether or not then due, subject to the rights of any licnholder with rights to insurance proceeds that are
superior to Lender's rights.
5. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within 60 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 (a)
Borrower has disclosed to Lender at application for the Loan that the Property shall not be Borrower's
principal residence; (b) Lender otherwise agrees in writing, which consent shall not be unreasonably
withheld; or (c) unless extenuating circumstances exist which are beyond Borrower's control.
6. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall
not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the
Property. Whether or 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 4 that repair or restoration is not economically feasible, Borrower shall
promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or
condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower
shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such
purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series
of progress payments as the work is completed. If the insurance or condemnation proceeds are not
sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the
completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has
reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give
Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause.
7. Borrower's Loan Application. Borrower shall be in default if, during the Loan application
process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's
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knowledge or consent gave materially false, misleading, or inaccurate information or statements to
Lender (or failed to provide Lender with material information) in connection with the Loan. Material
representations include, but are not limited to, (a) representations concerning Borrower's occupancy of
the Property as Borrower's principal residence and (b) liens on the Property that have priority over this
Security Instrument.
S. Protection of Lender's Interest in the Property and Rights Under this Security
Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security
instrument or any obligation that is secured by a lien that is superior to this Security Instrument, (b) there
is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under
this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of any lien which may attain priority over this Security Instrument or to enforce laws or
regulations), or (c) Borrower has abandoned the Property, then 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 are not limited to: (a) 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. Securing the Property includes, but is not limited to,
entering the Property to make repairs, change locks, replace or board up doors and windows, drain water
from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned
on or off. Although Lender may take action under this Section 8, Lender does not have to do so and is
not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or
all actions authorized under this Section 8.
Any amounts disbursed by Lender under this Section 8 shall become additional debt of Borrower
secured by this Security Instrument. These amounts shall bear interest at the rate applicable to the Debt
Instrument from time to time, from the date of disbursement and shall be payable, with such interest, upon
notice from Lender to Borrower requesting payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the
lease. IF Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless
Lender agrees to the merger in writing.
9. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are
hereby assigned to and shall be paid to Lender, subject to the rights of any lienholder with rights to
Miscellaneous Proceeds that are superior to Lender's rights.
If the Property is damaged, such Miscellaneous Proceeds shall 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 shall have the right to hold such Miscellaneous
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 inspection shall 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 or Applicable Law requires interest to be
paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or
earnings on such Miscellaneous Proceeds. Subject to the rights of any lienholder with rights to
Miscellaneous Proceeds that are superior to Lender's rights, if the restoration or repair is not
economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be
applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any,
paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2.
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Subject to the rights of any lienholder with rights to Miscellaneous Proceeds that are superior to
Lender's rights, in the event of a total taking, destruction, or loss in value of the Property, the
Miscellaneous Proceeds shall 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 loss in value is equal to
or greater than the amount of the sums secured by this Security Instrument immediately before the partial
taking, destruction, or loss 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 loss in value divided by (b) the fair market value of the Property
immediately before the partial taking, destruction, or loss in value. Subject to the rights of any lienholder
with rights to Miscellaneous Proceeds that are superior to Lender's rights, any balance shall be 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 loss in value is less
than the amount of the sums secured immediately before the partial taking, destruction, or loss 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, subject to the rights of
any lienholder with rights to Miscellaneous Proceeds that are superior to Lender's rights.
If the Property is abandoned by Borrower, or if, after 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,
Borrower fails to respond to Lender within 30 days after 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 secured by this Security Instrument, whether or not then due, subject to the rights of any lienholder
with rights to Miscellaneous Proceeds that are superior to Lender's rights. "Opposing Party" means the
third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of
action in regard to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that,
in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's
interest in the Property or rights under this Security Instrument. Borrower can cure such a default by
causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes
forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under
this Security Instrument. The proceeds of any award or claim for damages that are attributable to the
impairment of Lender's interest in the Property are hereby assigned and shall 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, subject to the rights of any lienholder with rights to
Miscellaneous Proceeds that are superior to Lender's rights.
10. Borrower Not Released; Forbearance By Leader 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 Interest of Borrower shall not operate to release the liability of
Borrower or any Successors in Interest of Borrower- Lender shall not be required to commence
proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or
otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand
made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in
exercising any right or remedy including, without limitation, Lender's acceptance of payments from third
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persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall
not be a waiver of or preclude the exercise of any right or remedy.
11. Joint and Several Liability; Co-mortgagors; Successors and Assigns Bound. Borrower
covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any
Borrower who signs this Security Instrument but does not execute the Debt Instrument (a "co-
mortgagor"): (a) is signing this Security Instrument only to mortgage, grant and convey the co-
mortgagor's interest in the Property under the terms of this Security Instrument; (b) is not 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 with regard to the terms of
this Security Instrument or the Debt Instrument without the co-mortgagor's consent.
Subject to the provisions of Section 16, any Successor in Interest of Borrower who assumes
Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain
all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from
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 shall bind (except as provided in
Section 17) and benefit the successors and assigns of Lender.
12. Loan Charges. Lender may charge Borrower fees for services performed in connection with
Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this
Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees.
In regard to any other fees, the absence of express authority in this Security Instrument to charge a
specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may
not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally
interpreted so that the interest or other loan charges collected or to be collected in connection with the
Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary
to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which
exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by
reducing the principal owed under the Debt Instrument 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 (whether or not a prepayment charge is provided for under the Debt Instrument). Borrower's
acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right
of action Borrower might have arising out of such overcharge.
13. Notices. Unless otherwise described in the Debt Instrument or in another agreement between
Borrower and Lender, the following provisions regarding notices shall apply. All notices given by
Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to
Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower
when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other
means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law
expressly requires otherwise. The notice address shall be the Property Address unless Borrower has
designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of
Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of
address, then Borrower shall only report a change of address through that specified procedure. There may
be only one designated notice address for Borrower under the Loan at any one time. Any notice to
Lender shall be given by delivering it 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 notice in connection with this
Security Instrument shall not be deemed to have been given to Lender until actually received by Lender.
PENNSYLVANIA-CLOSED-END SECURITY INSTRUMENT (page 8 of 15 pages)
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If any notice required by this Security Instrument is also required under Applicable Law, the Applicable
Law requirement will satisfy the corresponding requirement under this Security Instrument.
14. Governing Law; Severability; Rules of Construction. This Security Instrument shall be
governed by federal law and, to the extent not preempted by federal law, the law of the jurisdiction in
which the Property is located. All rights and obligations contained in this Security Instrument are subject
to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly
allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a
prohibition against agreement by contract. In the event that any provision or clause of this Security
Instrument or the Debt Instrument conflicts with Applicable Law, such conflict shall not affect other
provisions of this Security Instrument or the Debt Instrument which can be given effect without the
conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and
include the plural and vice versa; (c) the word "may" gives sole discretion without any obligation to take
any action; and (d) headings that appear at the beginning of the sections of this Security Instrument are
inserted for the convenience of the reader only, shall not be deemed to be a part of this Security
instrument, and shall not limit, extend, or delineate the scope or provisions of this Security Instrument.
15. Borrower's Copy. Borrower shall be given one copy of the Debt Instrument and of this
Security Instrument.
16. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 16,
"Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited
to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or
escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if
Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without
Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this
Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited
by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice
shall provide a period of not less than 30 days from the date the notice is given in accordance with Section
13 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.
17. Sale of Debt Instrument; Change of Loan Servicer; Notice of Grievance. The Debt
Instrument or a partial interest in the Debt Instrument (together with this Security Instrument) can be sold
one or more times without prior notice to Borrower. A sale might result in a change in the entity (known
as the "Loan Servicer") that collects Periodic Payments due under the Debt Instrument and this Security
Instrument and performs other mortgage loan servicing obligations under the Debt Instrument, this
Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer
unrelated to a sale of the Debt Instrument. If there is a change of the Loan Servicer, Borrower will be
given written notice of the change as required by Applicable Law. If the Debt Instrument is sold and
thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Debt Instrument, the
mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a
successor Loan Servicer and are not assumed by the purchaser of the Debt Instrument unless otherwise
provided by the purchaser of the Debt Instrument.
Neither Borrower nor Lender may commence, join, or be joined to any, judicial action (as either
an individual litigant or the member of a class) that arises from the other party's actions pursuant to this
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Security Instrument or that alleges that the other party has breached any provision of, or any duty owed
by reason of, this Security instrument, until such Borrower or Lender has notified the other party (with
such notice given in compliance with the requirements of Section 13) of such alleged breach and afforded
the other party hereto a reasonable period after the giving of such notice to take corrective action. If
Applicable Law provides a time period that must elapse before certain action can be taken, that time
period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and
opportunity to cure given to Borrower pursuant to Section 21 and the notice of acceleration given to
Borrower pursuant to Section 16 shall be deemed to satisfy the notice and opportunity to take corrective
action provisions of this Section 17. If Borrower and Lender have entered into an agreement to arbitrate
disputes, the provisions of any such arbitration agreement shall supersede any provision in this Section 17
that would conflict with the arbitration agreement.
18. Hazardous Substances. As used in this Section 18: (a) "Hazardous Substances" are those
substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the
following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides
and herbicides, volatile solvents, materials containing asbestos or formaldehyde, mold, and radioactive
materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is
located that relate to health, safety or environmental protection, (c) "Environmental Cleanup" includes
any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an
"Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an
Environmental Cleanup.
Borrower shall not cause or permit the 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 allow anyone else to do, anything affecting the Property (a) that is in violation of any
Environmental law, (b) which creates an Environmental Condition, or (c) which, due to the presence,
use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the
Property. The 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 normal
residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in
consumer products).
Borrower shall 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 to, any spilling, leaking, discharge, release or threat
of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a
Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified
by any governmental or regulatory authority, or any private party, that any removal or other remediation
of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all
necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any
obligation on Lender for an Environmental Cleanup.
19. Assignment of Leases and Rents. Borrower irrevocably grants, conveys, sells and assigns
to Lender as additional security: (a) all of Borrower's right, title and interest in and to any and all existing
or future leases, subleases, and any other written or verbal agreements for the use and occupancy of any
portion of the Property, including any extensions, renewals, modifications or substitutions of such
agreements (all referred to as "Leases"), and (b) all of the rents, security deposits, issues and profits
arising out of or earned in connection with the Property (all referred to as "Rents').
Borrower will promptly provide Lender with true and correct copies of all existing and future
Leases. Borrower may collect, receive, enjoy and use the Rents so long as Borrower is not in default
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under the terms of this Security Instrument. Borrower agrees that this assignment is immediately
effective between the parties to this Security Instrument. Borrower agrees that this assignment is
effective as to third parties when Lender takes affirmative action prescribed by law, and that this
assignment will remain in effect during any redemption period until the Loan is satisfied.
Borrower agrees that Lender may take actual possession of the Property without the necessity of
commencing legal action and that actual possession is deemed to occur when Lender, or its agent, notifies
Borrower of an event of default and demands that any tenant pay all future Rents directly to Lender. On
receiving notice of an event of default, Borrower will endorse and deliver to Lender any payment of Rents
in Borrower's possession and will receive any Rents in trust for Lender and will not commingle the Rents
with any other funds. Unless Applicable Law provides otherwise, all Rents collected by Lender or
Lender's agent shall be applied first to the costs of taking control of and managing the Property and
collecting the Rents, including, but not limited to, attorney's fees, receiver's fees, premiums on receiver's
bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other charges on the
Property, and then to the sums secured by this Security Instrument in the order provided for in Section 2.
If the Rents of the Property are not sufficient to cover the costs of taking control of and managing the
Property and of collecting the Rents any amounts disbursed by Lender for such purposes shall become
additional debt of Borrower secured by this Security InstrumetiL These amounts shall bear interest at the
rate applicable to the Debt Instrument from time to time, from the date of disbursement and shall be
payable, with such interest, upon notice from Lender to Borrower requesting payment.
Borrower warrants that no default exists under the Leases or any applicable landlord/tenant law.
Borrower agrees to maintain and require any tenant to comply with the terms of the Leases and applicable
law.
20. Condominiums; Planned Unit Developments. If the Property is a unit in a condominium
project ("Condominium Project") or is part of a planned unit development ("PUD"), Borrower agrees to
the following:
A. Obligations. Borrower shall perform all of Borrower's obligations under the Constituent
Documents. The "Constituent Documents" are the: (i) Declaration or any other document which creates
the Condominium Project or PUD and any condominium association, homeowners association or
equivalent entity ("Community Association"); (ii) any by-laws or other rules or regulations of the
Community Association; and (iii) other equivalent documents. Borrower shall promptly pay, when due,
all Community Association Dues, Fees, and Assessments.
B. Property. For units in a Condominium Project, the Property includes the unit in, together with
an undivided interest in the common elements of, the Condominium Project, and Borrower's interest in
the Community Association and the uses, proceeds and benefits of Borrower's interest. For PUDs, the
Property includes, but is not limited to, a parcel of land improved with a dwelling, together with other
such parcels and certain common areas and facilities, as described in the Constituent Documents, and
Borrower's interest in the Community Association and the uses, benefits and proceeds of Borrower's
interest.
C. Property Insurance. So long as the Community Association maintains, with a generally
accepted insurance carver, a "master" or "blanket" policy insuring the Property which is satisfactory to
Lender and which provides insurance coverage in the amounts (including deductible levels), for the
periods, and against loss by fire, hazards included within the term "extended coverage," and any other
hazards, including, but not limited to, earthquakes and floods, for which Lender requires insurance, then
Borrower's obligation under Section 4 to maintain property insurance coverage on the Property is deemed
satisfied to the extent that the required coverage is provided by the Community Association policy.
Borrower shall give Lender prompt notice of any lapse in required property insurance coverage provided
by the master or blanket policy. In the event of a distribution of property insurance proceeds in lieu of
PENNSYLVANIA-CLOSMEND SECURITY INSTRUMENT (page II of IS pages)
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restoration or repair following a loss to the Property, whether to the unit or to common elements of the
Condominium Project or to common areas and facilities of the PUD, any proceeds payable to Borrower
are hereby assigned and shall be paid to Lender for application to the sums secured by this Security
Instrument, whether or not then due, with the excess, if any, paid to Burrower, subject to the rights of any
licnholder with rights to insurance proceeds that are superior to Lender's rights.
D. Public Liability Insurance. Borrower shall take such actions as may be reasonable to insure
that the Community Association maintains a public liability insurance policy acceptable in form, amount,
and extent of coverage to Lender.
E. Condemnation. The proceeds of any award or claim for damages, direct or consequential,
payable to Borrower in connection with any condemnation or other taking of all or any part of the
Property, whether of the unit or of the common elements of the Condominium Project or the common
areas and facilities of the PUD, or for any conveyance in lieu of condemnation, are hereby assigned and
shall be paid to Lender, subject to the rights of any lienholder with rights to such proceeds that are
superior to Lender's rights. Such proceeds shall be applied by Lender to the sums secured by the Security
Instrument as provided in Section 9.
F. Lender's Prior Consent. Borrower shall not, except after notice to Lender and with Lender's
prior written consent, either partition or subdivide the Property or consent to: (i) the abandonment or
termination of the Condominium Project or PUD, except for abandonment or termination required by law
in the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation
or eminent domain; (ii) any amendment to any provision of the Constituent Documents if the provision is
for the express benefit of Lender; (iii) termination of professional management and assumption of
self-management of the Community Association; or (iv) any action which would have the effect of
rendering the public liability insurance coverage maintained by the Community Association unacceptable
to Lender.
G. Remedies. If Borrower does not pay Community Association Dues, Fees, and Assessments
when due, then Lender may pay them. Any amounts disbursed by Lender under this paragraph G 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 at the rate applicable to the Debt
Instrument from time to time, from the date of disbursement and shall be payable, with such interest, upon
notice from Lender to Borrower requesting payment.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration
following Borrower's breach of any covenant or agreement in this Security Instrument (but not
prior to acceleration under Section 16 unless Applicable Law provides otherwise) or following any
event of default under the Debt Instrument. 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 cured; 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. 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 Section 21, Including, but not limited to, attorneys' fees and
costs of title evidence to the extent permitted by Applicable Law.
22. Release. Upon payment of all sums secured by this Security Instrument, this Security
Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall
discharge and satisfy this Security Instrument. Borrower shall pay any recordation casts. Lender may
PENNSYLVANIA-CLOSED-END SECURITY INSTRUMENT (page 12 of 15 pages}
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charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for
services rendered and the charging of the fee is permitted under Applicable Law.
23. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any
error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any
present or future laws providing for stay of execution, extension of time, exemption from attachment, levy
and sale, and homestead exemption.
24. Purchase Money Mortgage. If any 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.
25. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a
judgment is entered on the Debt Instrument or in an action of mortgage foreclosure shall be the rate
payable from time to time under the Debt Instrument.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in
this Security Instrument and in any Rider executed by Borrower and recorded with it.
qv(
Borrower MEGAN
Borrower
Borrower
Borrower
(Seal)
(Seal)
(Seal)
(Seal)
(Seal)
Borrower
Borrower
Borrower
PENNSYLVANIA-CLOSED-END SECURITY INSTRUMENT
14v7 lzn?o_
(Seal)
(Seal)
(Seal)
(page 13 of 15 pages)
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Borrower CHRISTIAN C MOORE
For An Individual Acting in His/Her Own Right:
State of Pennsylvania
County of ?°-"'eh,
On this, the aD $' h day of c(rl , 2 OO (a , before me, the undersigned officer,
personally appeared C1,2 ?q-n C SQL maO' ,mown to me (or
satisfactorily proven) to be the person whose name
subscribed to the within instrument, and acknowledged that he executed the same for the
purposes therein contained.
In witness whereof, I hereunto set my hand and official seal.
(20401 ly)• Go'-o caf6 ..
Title of Officer
My Commission expires: _q be
CAROL M GOTOWKA
Notary Pubft
LOVMR
oA COUNTS
[MvCorrwdmlonE%*w 4. 2006
V
PENNSYLVANIA-CLOSED-END SECURITY INSTRUMENT (page 14 of /S pages)
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CERTMCATE OF RESIDENCE OF MORTGAGEE
1 certify that the precise address of the within named Mortgagee is: 101 North Phillips Avenue,
Sioux Falls, SD 57104
Name: Sharon Seeds
Agent of Mortgagee
PENNSYLVANIA-CLOSED-END SECURITY INSTRUMENT (page t5 of 15 pages)
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EXHIBIT A
Reference: 20061351500057
Legal Description:
Account: 650-650-1822030-0001
ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATED IN LOWER
ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE
PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING
AT A POINT, LOCATED ON THE NORTHERN RIGHT-OF-WAY LINE OF
LOWELL LANE, A FIFTY FOOT (50 FOOT) RIGHT-OF-WAY, BEING THE
SOUTHEAST CORNER OF LOT NO. 85. THENCE ALONG SAID RIGHT-OF-
WAY OF LOWELL LANE, SOUTH SIXTY-TWO DEGREES SIXTEEN
MINUTES ZERO SECONDS WEST, A DISTANCE OF EIGHTY-SEVEN AND
SIX HUNDREDTHS FEET (S 62 DEGREES 16 MINUTES 00 SECONDS W -
87.06 FEET) TO A POINT ON THE SAME AND NEAR THE INTERSECTION
WITH VINEYARD HAVEN. THENCE ALONG THE SAME, ALONG A CURVE
TO THE RIGHT HAVING A RADIUS OF TEN AND ZERO HUNDREDTHS
FEET, AN ARC LENGTH OF FIFTEEN AND SEVENTY-ONE HUNDREDTHS
FEET, FOLLOWING A CHORD BEARING OF NORTH SEVENTY-TWO
DEGREES FORTY-FOUR MINUTES ZERO SECONDS WEST, A CHORD
DISTANCE OF FOURTEEN AND FOURTEEN HUNDREDTHS FEET (R=10.00
FEET, A=15.71 FEET, N 72 DEGREES 44 MINUTES 00 SECONDS W -14.14
FEET) TO A POINT ON THE EASTERN RIGHT-OF-WAY LINE OF
VINEYARD HAVEN. THENCE ALONG SAID RIGHT-OF-WAY OF
VINEYARD HAVEN, NORTH TWENTY-SEVEN DEGREES FORTY-FOUR
MINUTES ZERO SECONDS WEST, A DISTANCE OF SIXTY-FIVE AND ZERO
HUNDREDTHS FEET (N 27 DEGREES 44 MINUTES 00 SECONDS W - 65.00
FEET) TO A POINT ON THE SAME, BEING THE SOUTHEAST CORNER OF
LOT NO. 83, THENCE ALONG THE PROPERTY LINE OF LOT NO. 83,
NORTH SIXTY-TWO DEGREES SIXTEEN MINUTES ZERO SECONDS EAST,
A DISTANCE OF NINETY-SEVEN AND SIX HUNDREDTHS FEET (N 62
DEGREES 16 MINUTES 00 SECONDS E - 97.06 FEET) TO A POINT AT THE
COMMON PROPERTY CORNER OF LOTS NOS. 83,84 AND 85. THENCE
ALONG THE PROPERTY LINE OF LOT NO. 85, SOUTH TWENTY-SEVEN
DEGREES FORTY-FOUR MINUTES ZERO SECONDS EAST, A DISTANCE
OF SEVENTY-FIVE AND ZERO HUNDREDTHS FEET (S 27 DEGREES.44
MINUTES 00 SECONDS E - 75.00 FEET) TO A POINT ON THE NORTHERN
RIGHT'-OF WAY LINE OF LOWELL LANE, THE POINT AND PLACE OF
BEGINNING. CONTAINING 7,258.06 SQUARE FEET OR 0.166 ACRES. BEING
LOT NO. 84 ON THE REVISED FINAL SUBDIVISION PLAN OF THE
HEIGHTS OF BEACON HILL, PHASE 11, PREPARED BY MELHAM
ASSOCIATES, P.C., DATED JUNE 29, 2001, LAST REVISED SEPTEMBER 10,
2001, AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN
AND FOR CUMBERLAND COUNTY, PENNSYLVANIA IN PLAN BOOK 84,
Exhibit A, CDP.V 107/2004 1/2
IMMINIM11111 Documents Processed 06-24-2006,14,15:42
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PAGE 38; ALSO BEING KNOWN AS UNIT NO. 84 AS SHOWN ON THE
DECLARATION PLAT RECORDED IN RIGHT-OF-WAY PLAN BOOK 12,
PAGE 130. ALSO BEING PART OF THE SAME PREMISES WHICH BEACON
HILL HEIGHTS DEVELOPMENT CORPORATION, A PENNSYLVANIA
CORPORATION, BY DEED DATED MAY 28,1997 AND RECORDED MAY 30,
1997 IN THE OFFICE. OF THE RECORDER OF DEEDS IN AND FOR
CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK 158, PAGE 520,
GRANTED AND CONVEYED UNTO BHH PARTNERS, A PENNSYLVANIA
PARTNERSHIP, THE GRANTOR HEREIN. BEING THE SAME PREMISES
CONVEYED TO CHRISTIAN C. MOORE AND MEGAN L. MOORE,
HUSBAND AND WIFE FROM DON E. HAUBERT, SR. BY DEED DATED
07/31/2003, AND RECORDED ON 08/06/2003, AT BOOK 258, PAGE 2750, IN
CUMBERLAND COUNTY, PA.
I Certi fy this to be recorded
In Cumberland County PA
Recorder of Deeds
Exhibit A,,C DP.V 107/2004
l?mml
2/2
Documents Processed 06-24-2006, 14:15.42
8K 1960PG-1677
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Edward L Schorpp
Solicitor
~Qt~b~ts ~,t :.sr~u;a~~f~
j~f~
~Q-~~~fi'~ {'. i~
(~ ~~Yi~
2010 MAR ~ A#t ~ ua
Wells Fargo Bank, NA Case Number
vs.
Christian C. Moore (et al.) 2010-1914
SHERIFF'S RETURN OF SERVICE
03/22/2010 07:15 PM -Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on March
22, 2010 at 1912 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Christian C. Moore, by making known unto himself personally, at 1
Vineyard Haven, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the
same time handing to him personally the said true and correct copy of the same.
~14. Jam----
TIM LA K, DEPUTY
03/22/2010 07:15 PM -Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on March
22, 2010 at 1912 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Megan L. Moore, by making known unto Christian C. Moore, Husband of
defendant at 1 Vineyard Haven, New Cumberland, Cumberland County, Pennsylvania 17070 its contents
and at the same time handing to him personally the said true and correct copy of the same.
SHERIFF COST: $59.30
March 23, 2010
~iC..-~/ 1r-i~
TIM BLA ,DEPUTY
SO ANSWERS,
RON R ANDERSON, SHERIFF
~ un'ySu t~ ; - . sort ~~ ;
•~
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Wells Fargo Bank, NA
Plaintiff
V•
Christian C. Moore and Megan L. Moore
Defendants
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Number 10-1914 CIVIL TERM
AFFIDAVIT OF SERVICE
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I, the undersigned attorney for the Plaintiff in the within matter, hereby certify that on the 20`h day of July,
2010, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent
lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "A."
Copies of the letter and certificates of mailing are also attached hereto, made a part hereof and marked as
Exhibit "B."
SWORN AND SUBSCRIBED
BEFORE ME THIS~j DAY
OF J U~.L1-_ , 2010
NOTARY UP BLIC
COMMONWEALTH CF PENNSYLVA~lIA
Nl7TAR1AL SEAL
Megan C. Paolucci-Notary Public
City of Philadelphia, Philadelphia County
MY COMMISSION EXPIRES JAY. 06, 2014
J. McCABE,
MARC S. WEISBER
EDWARD D. CO AY,
MARGARET G O,
Attorneys for Plain
-rt
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McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215)790-1010
Wells Fargo Bank, NA
Plaintiff
v.
Christian C. Moore and Megan L. Moore
Defendants
Attorneys for Plaintiff
CUMBERLAND COUNTY COURT OF COMMON
PLEAS
NO: 10-1914 CIVIL TERM
AMENDED AFFIDAVIT PURSUANT TO RULE 3129
The undersigned, attorney for Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ
of Execution was filed the following information concerning the real property located at: 1 Vineyard Haven, New
Cumberland, Pennsylvania 17070, a copy of the description of said property being attached hereto and marked
Exhibit "A."
Name and address of Owners or Reputed Owners
Name Address
Christian C. Moore 1 Vineyard Haven
New Cumberland, Pennsylvania 17070
Megan L. Moore 1 Vineyard Haven
New Cumberland, Pennsylvania 17070
2. Name and address of Defendants in the judgment:
Name Address
Christian C. Moore 1 Vineyard Haven
New Cumberland, Pennsylvania 17070
~ r
3
4
Megan L. Moore
1 Vineyazd Haven
New Cumberland, Pennsylvania 17070
Name and last known address of every judgment creditor whose judgment is a record lien on the
real property to be sold:
Name
None
Address
Name and address of the last recorded holder of every mortgage of record:
Name Address
Wells Fazgo Bank, NA 3476 Stateview Boulevard
Fort Mill, South Cazolina 29715
5. Name and address of every other person who has any record lien on the property:
Name
Address
None
6. Name and address of every other person who has any record interest in the property which may be
affected by the sale:
Name Address
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 Address
Tenants/Occupants 1 Vineyazd Haven
New Cumberland, Pennsylvania 17070
Commonwealth of Pennsylvania
Commonwealth of Pennsylvania
Inheritance Tax Office
Department of Public Welfaze
P.O. Box 2675
Harrisburg, PA 17105
110 North 8`h Street
Suite #204
Philadelphia, PA 19107
Commonwealth of Pennsylvania 6th Floor, Strawberry Square
Bureau of Individual Tax Department #280601
Inheritance Tax Division Harrisburg, PA 17128
Department of Public Welfare Willow Oak Building
TPL Casualty Unit Estate P.O. Box 8486
Recovery Program Harrisburg, PA 17105-8486
PA Department of Revenue Bureau of Compliance
P.O. Box 281230
Harrisburg, PA 17128-1230
Commonwealth of Pennsylvania Clearance Support Department 281230
Department of Revenue Bureau of Harrisburg, PA 17128-1230
Compliance ATTN: Sheriil's Sales
United States of America Internal Revenue Service
Technical Support Group
William Green Federal Building
Room 3259
600 Arch Street
Philadelphia, PA 19106
Domestic Relations P.O. Box 320
Cumberland County Carlisle, PA 17013
United States of America c/o United States Attorney for the
Middle District of PA
235 North Washington Street
Scranton, PA 18503
and
Federal Building
228 Walnut Street
P.O. Box 11754
Harrisburg, PA 17108
c/o Atty General of the United States
U.S. Dept of Justice
10`" Constitution Ave. NW, Rm 4400
Washington, DC 20530
c/o Atty General of the United States
U.S. Dept of Justice Room 5111
Main Justice Bldg., 10`" Constitution Ave. NW
Washington, DC 20530
Name and address of Attorney of record:
Name Address
None
I verify that the statements made in this Affidavit are true and correct to the best of my personal lrnowledge
or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unsworn falsification to authorities.
Julv 20.2010 T>~ENC . McCABE,
DATE MARC S. WEISBERG, E:
EDWARD D. CONWAY,
MARGARET GAIRO, E~
Attorneys for Plaintiff
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - lD # 34687
MARGARET GAIRO, ESQUIRE -1D # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Wells Fazgo Bank, NA
Plaintiff
v.
Christian C. Moore and Megan L. Moore
Defendants
DATE: July 21, 2010
TO: ALL PARTIES IN INTEREST AND CLAIMANTS
Attorneys for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Number 10-1914 CIVIL TERM
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
OWNERS: Christian C. Moore and Megan L. Moore
PROPERTY: 1 Vineyard Haven, New Cumberland, Pennsylvania 17070
IMPROVEMENTS: Residential Dwelling
The above-captioned property is scheduled to be sold at the Sheriffs Sale on September 8, 2010 at 10:00 a.m. in the
Commissioner's Heazing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse
Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on,
and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to
protect your interests.
A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days
after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten
(10) days after the filing of the schedule.
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McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Wells Fargo Bank, NA
Attorneys for Plaintiff
Cumberland County
Court of Common Pleas
Plaintiff'
V.
Christian C. Moore and Megan L. Moore
Number 10-1914 CIVIL TERM
Defendants
MOTION TO ALLOW SERVICE ON THE DEFENDANTS
PURSUANT TO PA RULE OF CIVIL PROCEDURE 430
Q
? 4- l?
? yrt
Ur,
Plaintiff attempted to personally serve a true and correct copy of the Notice of Sheriffs Sale of Real
Property upon the Defendant, Megan L. Moore, at his/her last-known address of 1 Vineyard Haven, New Cumberland,
Pennsylvania 17070. The process server was not able to serve the Defendant because they could not locate the
defendant and no forwarding address was left. A true and correct copy of the Return of Service indicating the same is
attached hereto, made a part hereof as Exhibit "A".
2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has conducted a good faith
investigation to determine the current whereabouts of Defendant and the attached Affidavit sets forth in detail the nature
and extent of the investigation. See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B".
3. As a result of the investigation, a special Order of Court is required permitting service by regular and
certified mail at the Defendant last known address and by posting a copy of the original process on the mortgaged
premises.
4. If service cannot be made on the Defendant, Megan L. Moore, the Plaintiff will be prejudiced.
WHEREFORE, Plaintiff prays this Honorable Court grant an Order allowing the Plaintiff to serve the Notice
of Sheriffs Sale of Real Property, and all other subsequent pleadings that require personal service, and the Notice of
Sheriff's Sale upon the Defendant Megan L. Moore, by regular mail; certified mail, return receipt requested; and by
posting at the last-known address of Defendant and the mortgaged premises known in this herein action as I Vineyard
Haven, New Cumberland, Pennsylvania 17070.
S,
TERRENC J. McCABE, ES UIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
Attorneys for Plaintiff
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE; - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Wells Fargo Bank, NA I Cumberland County
Court of Common Pleas
Plaintiff
Christian C. Moore and Megan L. Moore
Defendants
Number 10-1914 CIVIL TERM
MEMORANDUM OF LAW
If a resident Defendant has obstructed or prevented service of process by concealing his whereabouts or
otherwise, the Plaintiff shall have the right of service in such a manner as the Court by special order shall direct
service pursuant to P.R.C.P. 430.
WHEREFORE, Plaintiff prays this service be made.
TERRENCE J. MCCABE, Q IRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET CAIRO, ESQUIRE
Attorneys for Plaintiff
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
215 790-1010
Wells Fargo Bank, NA Cumberland County
Court of Common Pleas
Plaintiff
Christian C. Moore and Megan L. Moore
Defendants
Number 10-1914 CIVIL TERM
CERTIFICATION OF SERVICE
The undersigned attorney for the Plaintiff, hereby certify that I served a true and correct copy of the
foregoing Motion for Alternative Service, by United States Mail, first class, postage prepaid, on the 1st day of
September, 2010, upon the following:
Megan L. Moore
1 Vineyard Haven
New Cumberland, Pennsylvania 17070
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
Attorneys for Plaintiff
VERIFICATION
The undersigned attorney hereby certifies that he/she is the attorney for the Plaintiff in the within action and
that he/she is authorized to make this verification and that the foregoing facts are true and correct to the best of
his/her knowledge, information and belief and further states that false statements herein are made subject to the
penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities.
r"
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
Attorneys for Plaintiff
EXHIBIT A
E ? i
5
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith 6
Chief Deputy
Richard W Stewart
Solicitor
Wells Fargo Bank, NA Case Number
vs 2010 1994
Christian C Moore (et al.) SHERIFF'S RETURN OF SERVICE
06/24/2010 11:06 AM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on
6-24-2010 at 1104 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and
Description, in the above entitled action, upon the property of Christian C. Moore and Megan L. Moore,
located at, 1 Vineyard Haven, New Cumberland, Cumberland County, Pennsylvania according to law.
07/07/2010 08:33 PM - 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: Megan L. Moore, was unable to locate
her in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as
NOT FOUND as to the defendant, Megan L. Moore, defendant does not live at: 1 Vineyard Haven, New
Cumberland, PA, did not leave a forwarding address with the post office.
07/07/2010 08:33 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on 7/7/10 at
2030 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: Christian C. Moore, by making known unto,
Christian C. Moore, personally, at, 1 Vineyard Haven, New Cumberland, Cumberland County,
Pennsylvania its contents and at the same time handing to him personally the said true and correct copy
of the same.
SHERIFF COST: $952.22
August 05, 2010
SO ANSWERS,
RC)NNY R ANDERSON, SHERIFF
EXHIBIT $
Attorney Outsourcing Support Services, Inc.
Suite 2040
123 S. Broad Street
Philadelphia, PA 19109
(215) 790-5964
FAX (215) 320-5770
AFFIDAVIT OF GOOD FAITH INVESTIGATION
SUBJECT OF INVESTIGATION:
Megan L. Moore
CLIENT: _
FILE #: 47790
MATTER #: 280-0197
AOSS FILE#: 10-3296
SUBJECT'S LAST-KNOWN ADDRESS: 1 Vineyard Haven,, New Cumberland, PA 17070
I, -Ernest Caldwell , being duly sworn
according to law, depose and say that Attorney Outsourcing Support Services, Inc. completed a
good faith investigation into the whereabouts of the above-named subject and the extent of the
investigation and the results are as follows:
INQUIRY OF POSTAL AUTHORITY:
Postal authority states no change of address.
2. INQUIRY OF LOCAL TELEPHONE COMPANY;
A. DIRECTORY ASSISTANCE AND INTERNET SEARCH:
The subject has a listed phone number for the above stated last-known address.
Said number(s) being:
a. (717) 774-2807
Page Two
Investigation of Megan L. Moore continued:
(subject name)
INTERNET SEARCH:
Search shows the subject resides at the above stated last-known address.
4. DEATH RECORDS:
Social Security has no death record for the subject.
LOCAL TAX RECORD INQUIRY:
After inquiry, I was unable to confirm a mailing address for the above stated last-known
ad d ress..
INQUIRY OF COUNTY VOTER REGISTRATION:
The subject isn't registered to vote..
Page Three
Investigation of Megan L. Moore continued:
(subject name)
7. INQUIRY OF NEIGHBORS:
a. Neighbor, Jane M Wigand, residing at 3 Vineyard Hvn, New Cumberland, 17070
with a phone number (717) 774-2106 stated that the subject has moved out of the
property.
b. Neighbor, George L Daily 3r, residing at 5 Vineyard Hvn, New Cumberland, 17070
with a phone number (717) 774-1582 declined to give any information.
The information set forth in this Affidavit of Good Faith Investigation is true and correct
to the best of my knowledge, information, and belief.
BY:
/,I- IT ff
NAME: Caldwell
Print
TITLE: Location Snecialist
DATE: '?< ( aU? ( 9Z\6
Notary Public:
Sworn to and subscribed
before me this `) 0 day
of _, 2010
Postmaster Date August 11, 2010
New Cumberland, PA 17070C4, State, ZIP Code
Request for Change of Address or Boxholder
Information Needed for Service of Legal Process
Please furnish the new address or the name and street address (if a boxholder) for the following:
Name: Megan L. Moore
Address: 1 Vineyard Haven, New Cumberland, PA 17070
NOTE: The name and last known address are required for change of address information. The name, if known, and
post office box address are required for boxholder information.
The following information is provided in accordance with 39 CFR 265.6(d)(6)(ii), There is no fee for providing
boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR
265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b.
1. Capacity of requester (e.g. process server,, attorney, party representing himself): attorney _
2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or party acting
Pro se - except a corporation acting pro se must cite statute): Not applicable. Requester is an attorney
3. The names of all known parties to the litigation: v. Megan L. Moore
4. The court in which the case has been or will be heard: CUMBERLAND, PA
5. The docket or other identifying number if one has been issued: NO:
6. The capacity in which this individual is to be served (e.g. defendant or witness): Defendant
WARNING
'I HE SUBMISSION OF FALSE' INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXIIOLDF:R
INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR
PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT
OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE TITAN 5 YEARS, OR BO'T'H
(TITLE 18 U S.C SF(:I'tON 1001).
PLEASE PROVIDE THE CORRECT ADDRESS FOR THE DEFENDANT.
1 certify that the above information is true and that the address infonnation is needed and will be used solely for service
of legal rocess in conp;ction with actual or prospective litigation.
123 S, Broad Street, Suite 2080
Si ture r Z Address
Oscar Dungan, A )SS L/ Philadelphia, PA 19109
Printed Name City, State, ZIP Code
FOR POST OFFICE USE ONLY
NEW ADDRESS or BOXHOLDER'S NAME and
No change of address order on file. PHYSICAL STREET ADDRESS
Not known at address given.
Moved, left no forwarding address.
No such address.
Good As Addressed t,
u - Z ,? (Ki
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARL S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
FRANK DUBIN, ESQUIRE - ID # 19280
ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009
HEIDI R. SPIVAK, ESQUIRE - ID #74770
123 South Broad Street, Suite 20$0
Philadelphia, Pennsylvania 19109
(215) 790-1010
Wells Fargo Bank, NA
Plaintiff
v.
Christian C. Moore and Megan L. Moore
Defendants
Attorneys for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No. 10-1914 CIVIL TERM
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA:
SS.
COUNTY OF PHILADELPHIA:
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The undersigned, attorney, being duly sworn according to law, deposes and says that the
following is true and correct to the best of his knowledge and belief:
1. That he is counsel for the above-named Plaintiff.
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2. That on September 16, 2010 per the attached Court Order, Plaintiff served a true and
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correct copy of the Notice of Sheriffs Sale of Real Property upon the defendants, Christian C. Moore and
Megan L. Moore by regular mail, certified mail, return receipt requested, addressed to 1 Vineyard Haven
New Cumberland, Pennsylvania 17070. True and correct copies of the letter, certified return receipt and
certificate of mailing, are attached hereto, made a part hereof, and marked as Exhibit "A ."
3. That on September 21, 2010, with the attached Court Order, Plaintiff served a true and
correct copy of the Notice of Sheriffs Sale of Real Property upon the Defendants, Christian C. Moore
and Megan L. Moore by posting the same at the mortgaged premises known as 1 Vineyard Haven
New Cumberland, Pennsylvania 17070. True and correct copies of the Sheriff's Return of Service form
indicating the same are attached hereto, made a part hereof, and marked Exhibit "B."
SWORN AND SUBSCRIBED
BEFORE ME THIS 29`~ DAY
OF September, 2010
OTARY PUB
~we~RlAt- SEAS
Public
B ~~ ~A Moyer-Notary
~ Clly of 4hftc~~~QN ~~ R~ SAN
BY:
Attorneys for Plaintiff
TERRENCE J. McCABE, ESQUIltE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
FRANK DUBIN, ESQUIRE
ANDREW L. MARKOWITZ, ESQUIRE
HEIDI R. SPNAK, ESQUIRE
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # ib496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 344.19
123 South. Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
Wells Fargo Bank, NA
Plaintiff
v,
Christian C. Moore and Megan L. Moore
Defendants
SEP U U tutu
Attorneys for Plaintiff
Cumberland County
Court of Common Pleas
Number I0-1914 C1V1'L TERM
~(~ ORDER
AND NOW,'this Q' I}ay of ~ , 2010, the Plaintiff is granted'. leave to serve the Notice of
Sale mortgage foreclosure action upon the Defendant, Megan. L, Moore„ by regular mai! and by certified mail, return
receipt requested, to his/her last known address of 1 Vineyard Haven, New Cumberland, Pennsylvania 17070 and by
posting the mortgaged premises of l Vineyard Haven, New Cumberland, Pennsylvania 17070.
BY THE COURT:
~~~-
Exhlblt A`
,~~~ ~
TERRENCE J. McCABE'**
MARC S. WEISBERG**
EDWARD D. CONWAY'••
MARGARET GAIRO •••
LISA L. WALLACE+t
DEBORAH K. CURRANt•
LAURA H.G. O'SULLIVANt.
GAYL C. SPIVAK' _
FRANK DUBIN •••
ANDREW L. MARKOWITZ •••
HEIDI R. SPIVAK*
SCOTT TAGGART*
MARISA COHEN*
KATHERINE SANTANGINI^^
JASON BROOKSt
STEPHANIE H. HURLEY••
DIANN GREEN <
MATTHEW CONNOR'
FAITH MIROS 'c
ERIN BRADY.•
AARON D. NEAL•
KEVIN T. MCQUAIL •••
RUHI MIRZA •>•
•' Licensed in PA
• Licensed in PA & NJ
• Licensed in PA & NY
^ Licensed in NY
^^ l.imved in N3
» Licensed in PA & WA
•• Licensed in PA, NJ k NY
t Licensed in NY R CT
• Licensed in MD R DC
•• Licensed in MD
+ Mamging Attorney !or NY
t Managing Atomey for MD
= Managing Altonay for Nl
< Licensed in VA
'C Licencod in CT 8. NJ
'>' Licensed in MD R VA
LAW OFFICES
McCABE, WEISBERG & CONWAY, P.C.
SUITE 2080
123 SOUTH BROAD STREET
PHILADELPHIA, PA 19109
(215) 790-1010
FAX (215) 790-1274
September 16, 2010
Megan L. Moore
1 Vineyard Haven
New Cumberland, Pennsylvania 17070
Re: Wells Fargo Bank, NA
vs.
Christian C. Moore and Megan L. Moore
Cumberland County; No. 10-1914 CIVIL TERM
Premises: 1 Vineyard Haven, New Cumberland, Pennsylvania 17070
Dear Megan L. Moore:
Enclosed is a Notice of Sheritl's Sale relative to the above-captioned matter.
Very truly yours,
Allyson Marcinkiewicz, Paralegal
McCabe, Weisberg and Conway, P.C.
TJM/amz
Enclosure
SENT VIA REGULAR MAIL AND
CERTIFIED MAIL NUMBER 7010 1060 0001 3143 3406
RETURN RECEIPT REQUESTED
SUITE 303
216 HADDON AVENUE
WESTMONT, NJ 08108
(856)858-7080
FAX (856) 858-7020
SUITE 494
145 HUGUENOT STREET
NEW ROCHELLE, NY 10801
(914}636-8900
FAX (914)-636-8901
Also servicing Connecticut
SUITE 100
8101 SANDY SPRING ROAD
LAUREL, MD 20707
(301) 490-3361
FAX (301) 490-1568
Also servicing the District of Columbia
and Virginia
This is a communication from a debt collector.
This letter may be an attempt to collect a debt and any information obtained will be used for that purpose.
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CAS ~JS ~-1~i~q, t
..• SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
~,~,tv of ~a~6rr~,
Jody S Smith ~~
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Chief Deputy ~ ~.
Richard W Stewart
SoIlCltor C~FfBGE pF vtiE Ss~RIFF
Wells Fargo Bank, NA Case Number
vs. 2010-1914
Christian C. Moore (et al.)
SHERIFF'S RETURN OF SERVICE
46/24/2010 11:06 AM - MicheOe Gutshaff, Deputy Sheriff, who being duly sworn according to law, states that on
6-24-2010 at 1104 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and
Description, in the above entitled action, upon the property of Christian C. Moore and Megan L. Moore,
located at, 1 Vineyard Haven, New ~umberiand, Cumberland County; Pennsylvania according to law.
07/07!2010 08:33 PM -Ronny R. Anderson, Sheriff, who being duly sworn according to faw, states that he made a
diligent search and inquiry for the within named defendant to wit: Megan L. Moore, was unable to locate
her in his bailiwick. He therefore returns the within Rea{ Estate Writ, Notice of Sale and Description as
n, ew -_~
Cumberland, PA, did not leave a forwarding address with the post office.
07/07!2010 08:33 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on 7!7/10 at
2030 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: Christian C. Moore, by making known unto,
Christian C. Moore, personally, at, 1 Vineyard Haven, New Cumberland, Cumberland County,
Pennsylvania its contents and at the same time handing to him personally the said true and correct copy
of the same.
09!07/2010 As directed by Terrance McCabe, Attorney for the Plaintiff, Sheriffs Sale Continued to 12/812010
09/21/2010 05:18 PM -Deputy Stephen Bender, being duly sworn according to faw, served the requested Notice of
Sheriff's Levy, Sale and Posting of Schedule of Distribution and Plaintiffs Native of Sheriffs Sale and
Debtor's Rights upon the within named Defendant, to wit: Megan L. Moore, pursuant to Order of Court by
"Posting" the premises Located at 1 Vineyard Haven, Lower Allen Township, New Cumberland, PA 17070
with a true and carrect copy according to law.
SHERIFF COST: $1,238.74
September 23, 2010
SO ANSWERS,
~~~
RON R ANDERSON, SHERIFF
(c) CouniySuite Shenfl, Telaosoft, Inc.
0
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson F11 r-D-0,: FICt
Sheriff ?- ?- p
C TSIF 5n THON0 TA `!
, E
Jody S Smith 1 , _4", 17
Chief Deputy E, 0 OFF, 29 Pik
'z
Richard W Stewart
7 C ,I . A l ` t s;•
,mss f liS': I c
Solicitor -
Wells Fargo Bank, NA
vs. Case Number
Christian C. Moore (et al.) 2010-1914
SHERIFF'S RETURN OF SERVICE
06/24/2010 11:06 AM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on
6-24-2010 at 1104 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and
Description, in the above entitled action, upon the property of Christian C. Moore and Megan L. Moore,
located at, 1 Vineyard Haven, New Cumberland, Cumberland County, Pennsylvania according to law.
07/07/2010 08:33 PM - 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: Megan L. Moore, was unable to locate
her in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as
NOT FOUND as to the defendant, Megan L. Moore, defendant does not live at: 1 Vineyard Haven, New
Cumberland, PA, did not leave a forwarding address with the post office.
07/07/2010 08:33 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on 7/7/10 at
2030 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: Christian C. Moore, by making known unto,
Christian C. Moore, personally, at, 1 Vineyard Haven, New Cumberland, Cumberland County,
Pennsylvania its contents and at the same time handing to him personally the said true and correct copy
of the same.
09/07/2010 As directed by Terrance McCabe, Attorney for the Plaintiff, Sheriffs Sale Continued to 12/8/2010
09/21/2010 05:18 PM - Deputy Stephen Bender, being duly sworn according to law, served the requested Notice of
Sheriffs Levy, Sale and Posting of Schedule of Distribution and Plaintiffs Notice of Sheriffs Sale and
Debtor's Rights upon the within named Defendant, to wit: Megan L. Moore, pursuant to Order of Court by
Posting the premises located at 1 Vineyard Haven, Lower Allen Township, New Cumberland, PA 17070
with a true and correct copy according to law.
12/08/2010 As directed by Terrance McCabe, Attorney for the Plaintiff, Sheriffs Sale Continued to 1/5/2011
12/21/2010 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed",
per letter of instruction from Attorney Terrance McCabe on 12/17/10.
SHERIFF COST: $871.12
December 28, 2010
SO ANSWERS,
RON R ANDERSON, SHERIFF
?a. so IIC-L.
ev-d
791,8L
R?-as"3.286
.; Cori::NSLme Sf'enrf, ielpos;?1. in:-,
a
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Wells Fargo Bank, NA
Plaintiff
V.
Christian C. Moore and Megan L. Moore
Defendants
Attorneys for Plaintiff
CUMBERLAND COUNTY COURT OF COMMON
PLEAS
NO: 10-1914 CIVIL TERM
AFFIDAVIT PURSUANT TO RULE 3129
The undersigned, attorney for Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ
of Execution was filed the following information concerning the real property located at: I Vineyard Haven, New
Cumberland, Pennsylvania 17070, a copy of the description of said property being attached hereto and marked
Exhibit "A."
Name and address of Owners or Reputed Owners
Name Address
Christian C. Moore 1 Vineyard Haven
New Cumberland, Pennsylvania 17070
Megan L. Moore
I Vineyard Haven
New Cumberland, Pennsylvania 17070
2. Name and address of Defendants in the judgment:
Name Address
Christian C. Moore 1 Vineyard Haven
New Cumberland, Pennsylvania 17070
Megan L. Moore 1 Vineyard Haven
New Cumberland, Pennsylvania 17070
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
None
4. Name and address of the last recorded holder of every mortgage of record:
Name Address
Wells Fargo Bank, NA 3476 Stateview Boulevard
Fort Mill, South Carolina 29715
5. Name and address of every other person who has any record lien on the property:
Name
Address
None
6. Name and address of every other person who has any record interest in the property which may be
affected by the sale:
Name Address
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 Address
Tenants/Occupants 1 Vineyard Haven
New Cumberland, Pennsylvania 17070
Commonwealth of Pennsylvania
Commonwealth of Pennsylvania
Inheritance Tax Office
Department of Public Welfare
P.O. Box 2675
Harrisburg, PA 17105
110 North 8" Street
Suite #204
Philadelphia, PA 19107
Commonwealth of Pennsylvania
Bureau of Individual Tax
Inheritance Tax Division
Department of Public Welfare
TPL Casualty Unit Estate
Recovery Program
PA Department of Revenue
Commonwealth of Pennsylvania
Department of Revenue Bureau of
Compliance
United States of America
Domestic Relations
Cumberland County
United States of America
6th Floor, Strawberry Square
Department #280601
Harrisburg, PA 17128
Willow Oak Building
P.O. Box 8486
Harrisburg, PA 17105-8486
Bureau of Compliance
P.O. Box 281230
Harrisburg, PA 17128-1230
Clearance Support Department 281230
Harrisburg, PA 17128-1230
ATTN: Sheriff's Sales
Internal Revenue Service
Technical Support Group
William Green Federal Building
Room 3259
600 Arch Street
Philadelphia, PA 19106
P.O. Box 320
Carlisle, PA 17013
c/o United States Attorney for the
Middle District of PA
235 North Washington Street
Scranton, PA 18503
and
Federal Building
228 Walnut Street
P.O. Box 11754
Harrisburg, PA 17108
8. Name and address of Attorney of record:
Name Address
None
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.
Section 4904 relating to unworn falsification to authorities.
April 27, 2010
DATE
T MN
J. McCABE, ESQUIRE
MARC S. EISBERG, ESQUIRE
4;
EDWARD D. CONWAY, ESQUIRE
MARGARET CAIRO, ESQUIRE
Attorneys for Plaintiff
LEGAL DESCRIPTION
ALL THAT CERTAIN piece or parcel of land situated in Lower Allen Township, Cumberland County,
Pennsylvania, more particularly bounded and described as follows:
BEGINNING at a point, located on the northern right-of-way line of Lowell Lane, a 50 foot right-ofway,
being the southeast corner of Lot No. 85.
THENCE along said right-of-way of Lowell Lane, South 62 degrees 16 minutes 0 seconds West, a
distance of 87.06 feet to a point on the same and near the intersection with Vineyard Haven.
THENCE along the same, along a curve to the right having a Radius of 10.00 feet, an arc length of
15.71 degrees 44 minutes 0 seconds West, a chord distance of 14.14 feet to a point on the eastern rightof-
way line of Vineyard Haven.
THENCE along said right-of-way of Vineyard Haven, North 27 degrees 44 minutes 0 seconds West, a
distance of 65.00 feet to a point on the same, being the southeast corner of Lot No. 83.
THENCE along the property line of Lot No. 83, North 62 degrees 16 minutes 0 seconds East, a distance
of 97.06 feet to a point at the common property corner of Lots Nos. 83, 84, and 85.
THENCE along the property line of Lot No. 85, South 27 degrees 44 minutes 0 seconds East, a distance
of 75.00 feet to a point on the northern right-of-way line of Lowell Lane, the point and place of
BEGINNING.
BEING Lot No. 84 on the Revised Final Subdivision Plan of the Heights of Beacon Hill, Phase II,
prepared by Melham Associates, P.C., dated June 29, 2001, last revised September 10, 2001, and
recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan
Book 84, Page 38; also being known as Unit No. 84 as shown on the Declaration Plat recorded in Rightof-
Way Plan Book 12, Page 130.
BEING PARCEL NO. 13-25-0008-450
BEING KNOWN AS 1 Vineyard Haven, New Cumberland, Pennsylvania 17070.
BEING the same premises which BHH PARTNERS, A PENNSYLVANIA GENERAL PARTNERSHIP BY ITS
ATTORNEY IN FACT, DON E. HAUBERT, SR. by deed dated July 31, 2003 and recorded August 6, 2003 in the
office of the Recorder in and for Cumberland County in Deed Book 258, Page 2750, granted and conveyed to
Christian C. Moore and Megan L. Moore, husband and wife, in fee.
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
CIVIL ACTION LAW
Wells Fargo Bank, NA COURT OF COMMON PLEAS
V. CUMBERLAND COUNTY
Christian C. Moore and Megan L. Moore
Number 10-1914 CIVIL TERM
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
To: Christian C. Moore Megan L. Moore
I Vineyard Haven 1 Vineyard Haven
New Cumberland, Pennsylvania 17070 New Cumberland, Pennsylvania 17070
Your house (real estate) at 1 Vineyard Haven, New Cumberland, Pennsylvania 17070 is scheduled to be
sold at Sheriffs Sale on September 8, 2010 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd
Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the
court judgment of $93,207.55 obtained by Wells Fargo Bank, NA against you.
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:
The sale will be canceled if you pay to Wells Fargo Bank, NA the back payments, late charges,
costs, and reasonable attorney's fees due. To find out how much you must pay, you may call
McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010.
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.
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 _the-following_notice.on hove-taobtain _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 McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010.
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 on the sale. To find
out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010.
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 a 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 real estate. A schedule of
distribution of the money bid for your real estate will be filed by the Sheriff within thirty (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 schedule of
distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the
schedule of distribution.
7. You may also have other rights and defenses, or ways of getting your real estate 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, 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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800) 990-9108
ASSOCIATION DE LICENCIDADOS
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800) 990-9108
LEGAL DESCRIPTION
A]L TI IAT C I'-RTA1N piece or pal-cel of land situated in Lower Allen Township, Cumberland County,
Pennsylvania, more particularly bounded and described as follows:
BEGINNING at a point, located on the northern right-of-way line of Lowell Lane, a 50 foot right-of vay,
being the southeast corner of Lot No. 85.
I'I 11=NC'E% alonz? said right-of-way of Lowell Lane, South 62 degrees 16 minutes 0 seconds West, a
distance of 87.06 feet to a point on the same and near the intersection with Vineyard Haven.
TI IENCE along the same, along a curve to the right having a Radius of 10.00 feet, an arc length of
1.).7 i LiC'I't'eeS +4 11111rine5 V seconds Wesi, a chord distance of 14. 14 feet to a point oil the eastern rigtltoi-
way line of Vineyard Haven.
THENCE along said right-of way of Vineyard Ilaven, North 27 degrees 44 minutes 0 seconds West, a
distance of 65.00 feet to a point on the same, being the southeast cornet' of Lot No. 83.
TH NCI:, along, the property line of Lot No. 83, North 62 degrees 16 minutes 0 seconds East, a distance
of 97.06 feet to a point at the common property corner of lots Nos. 83, 84, and 85.
THENCE along the property line of Lot No. 85, South 27 degrees 44 minutes 0 seconds East, a distance
of 75.00 feet to a point on the northern right-of-way line of Lowell Lane, the point and place of
BEGINNING,
BEING Lot No. 84 on the Revised Final Subdivision Plan ofthe Ileights of Beacon Hill, Phase 11,
prepared by Melham Associates, P,C., dated June 29, 2001, last revised September 10, 2001, and
recorded in the Office of the Recorder of Deeds in and lily Cumberland County, Pennsylvania in Plan
Book 84, Page 38; also being known as Unit No. 84 as shown on the Declaration Plat recorded in Rightof
Way Plan Book 12, Pape 130.
BEING PARCEL NO. 13-25-0008-450
B ING KNOWN AS I Vineyard Maven, New Cumberland, Pennsylvania 17070.
BEING the same premises which BFIH PARTNERS, A PENNSYLVANIA GENER.AL PARTN1ERS1111) BY H'S
ATTORNEY IN FACT, DON E. LIAUBERT, SR. by deed dated July 31, 2003 and recorded August 6, 2003 in the
office of the Recorder in and for Cumberland County in Deed Book 258, Page 2750, granted and conveyed to
Christian C. Moore and Megan L. Moore, husband and wife, in flee.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N010-1914 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 CHRISTIAN C. MOORE AND MEGAN L. MOORE
(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$93,207.55
L.L. $.50
Interest FROM 04/27/10 TO 09/08/10 $2,068.20 AT $15.32
Atty's Comm % Due Prothy $2.00
Atty Paid $191.80
Other Costs
Plaintiff Paid
Date: APRIL 30, 2010
1
David D. Buell, Prothonotary
(Seal) By:
Deputy
REQUESTING PARTY:
Name MARGARET GAIRO, ESQUIRE
Address: MCCABE, WEISBERG AND CONWAY, P.C., 123 SOUTH BROAD STREET, SUITE
2080, PHILADELPHIA, PA 19109
Attorney for: PLAINTIFF
Telephone: 215-790-1010
Supreme Court ID No. 34419
On June 14, 20 10 the Sheriff levied upon the
defendant's interest in the real property situated in
Lower Allen Township, Cumberland County, PA,
Known and numbered as, 1 Vineyard Haven,
New Cumberland, more fully described on Exhibit
"A" filed with this writ and by this reference
incorporated herein.
Date: June 14, 2010
By:
Real Estate Coordinator
l_ n l?J S ... ? lq UII+7
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.
isa Marie Coyne,
SWORN TO AND SUBSCkIBED before me this
30 day of Jul 2010
d- e'46a?
Notary 1Z -
NOTARIAL SEAL
DEBORAH A COLLINS
Notsry Pubtk
CARLISLE BOROUGH, CUMBERLAND COUNTY
My Commission Expires Apr 28, 2014
.,
110.901®.1!14 Ci+rJ1
Wells Fargo Bank, NA as
Trustee for ABFC 2006-OPT3
Trust, ABFC Asset-Backed
Certificates, Series 2006-OPT3
vs.
Christian C. Moore
Megan L. Moore
Atty.: Terrance McCabe
ALL THAT CERTAIN piece or
parcel of land situated in Lower Al-
len Township, Cumberland County,
Pennsylvania, more particularly
bounded and described as follows:
BEGINNING at a point, located
on the northern right-of-way line of
Lowell Lane, a 50 foot right-ofway,
being the southeast corner of Lot
No. 85.
THENCE along said right-of-way
of Lowell Lane, South 62 degrees
16 minutes 0 seconds West, a dis-
tance of 87.06 feet to a point on the
same and near the intersection with
Vineyard Haven. THENCE along
the same, along a curve to the right
having a Radius of 10.00 feet, an arc
length of 15.71 degrees 44 minutes
0 seconds West, a chord distance of
14.14 feet to a point on the eastern
.
AA,t,(_Woy U" of vjne? ijFjiMz sloop 94j4 riot-of-MW of
Vk.ywd HSV W Worth 27 des 44
minutes 0 seconds West, a ire
of ".00 hwt to a point on the some,
I aqutheaat der of Lot No.
83. ENCE along the property line
of Lot No. 83, North 62 degrees 16
minutes 0 seconds East, a distance
of 97.06 feet to a point at the com-
mon property
83, 84, and 85. THENCE along the
property line of Lot No. 85, south 27
degrees 44 minutes 0 seconds East,
a distance of 75.00 feet to a point
on the northern right-of-way line of
Lowell Lane, the point and place of
BEGINNING.
BEING Lot No. 84 on the Revised
Final Subdivision Plan of the Heights
of Beacon Hill, Phase II, prepared by
Melham Associates, I C., dated June
29, 2001, last revised September
10, 2001, and recorded in the Office
of the Recorder of Deeds isa and for
Cumberland County, Pennsylvania nia
in Plan Book 84, Papa 38, al
ing known as Unit No. 84 as shown
on the Declaration Plat recorded
in Rightof-Way Plan Book 12, Page
1A 130.
Z 14! "1..;1 , .,
The Patriot-News Co.
2020 Technology Pkwy
Suite 300
Mechanicsburg, PA 17050
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
the Patr1*0t'WXfW5
Now you know
CARLISLE PA 17013
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 subscribed before me this 05 day of August, 2010 A.D.
Notary Public
CF" moN"r0 OF: DENNSYLI ANI:
Notar1a15ea[ -I
Sherne L. Krsner, Notary Public
-ewer Parton Twp., Dauphin County
Y Q ?mmisslon Eyc?pies 1Vov. 26, 2011
rr}?yy nip °.ssoCiatio°Hr;t3ries Ji
,4rit No. 2010-1914 Civil Term
W09 Fargo Bank, NA as
Trustee for AZFC 20W-0PT3
Trust, ABFC Asset-Backed
Cert ficates, Series 2006-OPT3
Vs
Christian C. Moore
Megan L. Moore
Atty: Terrance McCabe
ALL THAT CERTAIN piece or parcel of land
situated in Lower Allen Township, Cumberland
County,
Pennsylvania, more particularly bounded and
described as follows:
BEGINNING at a point, located on the northern
right-of-way line of Lowell Lane, a 50 foot right-
ofway, being the southeast comer of Lot No. 85.
THENCE along said right-of-way of Lowell
Lane, South 62 degrees 16 minutes 0 seconds
West, a distance of 87.06 feet to a point on the
same and near the intersection with Vineyard
Haven. THENCE along the same, along a curve
to the right having a Radius of 10.00 feet, an arc
length of 15.71 degrees 44 minutes 0 seconds
West, a chord distance of 14.14 feet to a point on
the eastern rightof-
way line of Vineyard Haven. THENCE along
said right-of-way of Vineyard Haven, North 27
degrees 44 minutes 0 seconds West, a distance
of 65.00 feet to a point on the same, being the
southeast corner of Lot No. 83. THENCE along
the property line of Lot No. 83, North 62 degrees
16 minutes 0 seconds East, a distance
of 97.06 feet to a point at the common property
corner of Lots Nos. 83, 84, and 85.
THENCE along the property fine of Lot No. 85,
South 27 trees 44, minutes 0 seconds East, a
distance of 75AG €m to a pw* oa the rodhtxn
right-of-way line of Lo" LM, (k poWad
placedBEGINbiING. BELNGL.otNo.84onthe
Revised Final Subdivision Plan of the Heights of
Beacon Hill., Phase U,
prepared by Melham Associates, P.C., dated June
29, 2001, last revised September 10, 2001, and
recorded in the Office of the Recorder of Deeds
in and for Cumberland County, Pennsylvania in
Plan Book 84, Page 38; also being known as Unit
No. 84 as shown on the Declaration Plat recorded
in Rightof-Way Plan Book 12, Page 130.