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Home My WebLink About10-2464 MCCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 t,*aRC 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, N.A. 1 Home Campus DesMoines, Iowa 50328 V. Deanna Lynn Sawyer 330 Gettysburg Pike Mechanicsburg, Pennsylvania 17055 and William Richard Sawyer 330 Gettysburg Pike Mechanicsburg, Pennsylvania 17055 Lv,u i„ I. 14 1 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number Ip - aL?U`1 by; 1-1 ex." CIVIL ACTIONIMORTGAGE FORECLOSURE *Q a. oo PO rt-n-r/ ek' 1019-1.3 I q0 q-79 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 provisions 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, N.A., a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Deanna Lynn Sawyer, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 330 Gettysburg Pike, Mechanicsburg, Pennsylvania 17055. 3. The Defendant is William Richard Sawyer, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 330 Gettysburg Pike, Mechanicsburg, Pennsylvania 17055. 4. On April 10, 2001, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Wells Fargo Bank West, N.A. which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1700, Page 94. 5. The aforesaid mortgage was thereafter assigned by Wells Fargo Bank West, N.A. to Wells Fargo Bank, N.A., by Assignment of Mortgage, which will be duly recorded in the Office of the Recorder of Cumberland County. 6. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 330 Gettysburg Pike, Mechanicsburg, Pennsylvania 17055. 7. The mortgage is in default because monthly payments of principal and interest upon said mortgage due September 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. 8. The following amounts are due on the mortgage: Principal Balance $ 26,411.55 Interest through April 5, 2010 $ 743.72 (Plus $3.25 per diem thereafter) Attorney's Fee $ 1,250.00 GRAND TOTAL $ 28,405.27 9. 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 $28,405.27, together with interest at the rate of $3.25 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: L L," 4 Attorneys or Plaintiff 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 Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ?1- This instrument was prepared by: Wells Fargo Bank West, National Association P.O. Box 49069 Colorado Springs, CO 80949-9069 Parcel Number: 42-28-2419-027 - DEEDS U•JM31ERL}.:;J COUNTY-PA '01 MRY 3 Aid 1143 4514195698 OPEN-END MORTGAGE THIS MORTGAGE is made this 10 day of April , 2001 , between the Mortgagor, Deanna Lynn Sawyer, And William Richard Sawyer, Her Husband, As Tenants Of An Estate By The Entireties (herein "Borrower"), and the Mortgagee, Wells Fargo Bank West, N.A. , a national banking association organized and existing under the laws of United States of America , whose address is 4455 ArrowsWest Drive, P.O. Box 49069 Colorado Springs, CO WW9-9069 (herein "Lender"), WHEREAS, Borrower is indebted to Lender in the principal sum of U.S. $ 100,000.00 , which indebtedness is evidenced by Borrower's note dated 4/1012001 and extensions and renewals thereof (herein "Note"), with the balance of the indebtedness, if not sooner paid, due and payable on 4/20/2011 TO SECURE to Lender the payment of Borrower's indebtedness evidenced by a Promissory Note of even date in the principal amount of $100,000.00 (the Note); and any future loans and advances made on the Line of Credit evidenced by the Note, all of which are obligatory, but not exceeding a total indebtedness of more than $ 100,000.00 at any one time outstanding; and any future note or notes, loans or advances, refinancing of any unpaid balance or renewal of both future loans and refinancing; and the payment of all other sums with interest thereon advanced in accordance herewith to protect the security of this Mortgage and the performance of the covenants and agreements of Borrower herein contained. Borrower does hereby mortgage, grant and convey to Lender the following described property located in the Cumberland County, Pennsylvania: Property Tax I.D. Number See attached Exhibit A APN # 42-28-2419-027 Requested by Tabbie Thew (719)536-3915 of Wells Fargo Home Equity When Recorded Mail To: FIDELITY NATIONAL-LPS P.O. Box 19523, Irvine, CA 92623-9523 NMMT I PENNSYLVANIA - SECOND MORTGAGE Page t of 6 -8502009 19904) ELECTRONIC LASER FORMS, INC. - (800)327-0545 which+as the address of 330 Gettysburg Pike , Mechanicsburg [Street] [City] Pennsylvania 17055 [ZIP Code] (herein "Property Address"); TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents, all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property." Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and that the Property is unencumbered, except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest indebtedness evidenced by the Note and late charges as provided in the Note. 2. Fonds for Taxes and Insurance. Subject to applicable law or a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments of interest are payable under the Note, until the Note is paid in full, a sum (herein "Funds") equal to one-twelfth of the yearly taxes and assessments (including condominium and planned unit development assessments, if any) which may attain priority over this Mortgage, and yearly leasehold payments, or ground rents on the Property, if any, plus one-twelfth of yearly premium installments for hazard insurance, if any, plus one-twelfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender. Lender may at any time collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act unless another law trust applied to the Funds sets a lesser amount. If so, Lender may at any time, collect and hold funds in an amount not to exceed the lesser amount. If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Mortgage. If the amount of any of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and ground rents as they fall due, Lender shall account to the Borrower for the excess Funds in accordance with applicable law. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, Lender may so notify Borrower in writing and in such case Borrower shall pay to Lender any amount necessary to make up the deficiency. Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender may require. Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Mortgage. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest payable on the Note, and then to the principal of the Note and last, to any late charges due under the Note. •8502009 (9904) Page 2 of 6 4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage, including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any. 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and such other hazards as Lender may require and in such amounts and for such periods as Lender may require. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. If Borrower fails to maintain coverage described above Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with the above requirements. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. If Lender required mortgage insurance as a condition of making the loan secured by this Mortgage, Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. 8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. -8502009 (99o4) Pape 3 of 6 801)if ;? ?? - ?b II. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but does not execute the Note, (a) is co-signing this Mortgage only to mortgage, grant and convey that Borrower's interest in the Property to Lender under the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property. 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 13. Governing Law; Severability. The state and local laws applicable to this Mortgage shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of federal law to this Mortgage. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs," "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in connection with improvements made to the Property. 16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Mortgage. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Mortgage. 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 delivered or mailed within which Borrower must pay all sums secured by this Mortgage. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Mortgage without further notice or demand on Borrower. 17. Acceleration; Remedies. Upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration shall give notice to Borrower as provided by applicable law specifying, among other things: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 10 days from the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding, and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the nonexistence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach is not cured on or before the date specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Lender shall be entitled to collect in such proceeding all expenses of foreclosure, including, but not limited to, attorneys' fees permitted by Rules of Court, and costs of documentary evidence, abstracts and title reports. 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to the earlier of entry of a judgment enforcing this Mortgage or 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Mortgage if: (a) Borrower pays Lender all sums which would be then due under this Mortgage and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage and in enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not -85502009 19904) Page 4 of 6 goal limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 19. Assignment of Rents; Appointment of Receiver. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under paragraph 17 hereof or abandonment of the Property, Lender, in person, by agent or by judicially appointed receiver shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bond and reasonable attorneys' fees, and then to the sums secured by this Mortgage. Lender and the receiver shall be liable to account only for those rents actually received. 20. Release. Upon payment of all sums secured by this Mortgage, Lender shall discharge this Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any. 21. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate stated in the Note. 22. No Claim of Credit for Taxes. Borrower will not make or claim credit on or deduction from the principal or interest on the sums secured by this Mortgage by reason of any municipal or governmental taxes, assessments or charges assessed upon the Property, nor claim any deduction from the taxable value of the Property by reason of this Mortgage. 23. Waivers. Borrower waives all rights of homestead exemption in and statutory redemption of the Property and all right of appraisement of the Property and releases all rights of curtesy and dower in the Property. REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Mortgage to give Notice to Lender, at Lender's address set forth on page one of this Mortgage, of any default under the superior encumbrance and of any sale or other foreclosure action. BY SIGNING BELOW Borrower accepts and agrees to the terms and covenants in this Mortgage and any Rider(s) executed by Borrower and recorded with it. IN WITNESS WHEREOF, Borrower has executed this Mortgage. Witness: Deanna Lynn (Seal) William Richard Sawyer -Borrower (Seal) -Borrower (Seal) -Borrower (Sign Original Only) -8502009 (99o4) Page 5 of 6 B4uk?? ` ••, V Certificate of Residence 1, Judy Trester , do hereby certify that the correct address of the within-named Lender is 4455 ArrowsWest Drive, P.O. Box 49069 Colorado Springs, CO 80949-9069 Witness my hand this 10 day of April , 2001 Agent of Lender COMMONWEALTH OF PENNSYLVANIA, Cumberland County ss: ti On this, the 1 day of before me, the undersigned officer, AP personally appeared t n ?J Q?? OE'anflAn n Se???21?- W R 1 l tr't K' Q t G?^ 5ow t to me (or satisfactorily proven) to be the persons whose name wee- subscribed to the within instrument and acknowledged that ' executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official eal. My Commission ,-r-? ; .: Not" UPW AtknTwp., CW0WW dOaMll11 v I t?'-?? ?t? 1b? c..? ?Y My Com radon Eq*u Flay 12,2W2 arortmer ftm"ta a Auocis w di NM11s Title of Officer :: `feu y (Space This Line Reserved For Lender and Recorder) YS'. -8502009 (9904) Page 6 of 6 9004 '00patr . ag Exhibit "A" THE FOLLOWING DESCRIBED REAL PROPERTY LOCATED IN THE COUNTY OF CUMBERLAND, STATE OF PENNSYLVANIA, DESCRIBED AS FOLLOWS: ALL THOSE TWO CERTAIN TRACTS OF LAND, TOGETHER WITH IMPROVEMENTS THEREON ERECTED, SITUATE IN THE. TOWNSHIP OF UPPER ALLEN, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: TRACT NO. 1 BEGINNING AT A POINT AT A CORNER OF THE LANDS HEREIN DESCRIBED AND LANDS NOW OR FORMERLY OF MARTIN BOWMAN AND OTHER LANDS NOW OR FORMERLY OF JOHN L. MINTER; THENCE BY SAID OTHER LANDS NOW OR FORMERLY OF JOHN L. MINTER NORTH TWENTY-NINE (29) DEGREES TWENTY (20) MINUTES EAST EIGHTY-ONE AND FOUR-TENTHS (81.4) FEET' TO A POINT; THENCE BY SAID LANDS NOW OR FORMERLY OF JOHN L. MINTER SOUTH SIXTY-THREE (63) DEGREES FIFTY (50) MINUTES EAST TWO HUNDRED FIFTY-EIGHT AND FIVE-TENTHS (258.5) FEET TO A POINT ON LINE OF LANDS NOW OR FORMERLY OF PAUL ZIMMERMAN, (SAID LINE BEING TWELVE (12) FEET NORTHEAST FROM THE CENTER OF THE NORTHERN ABUTMENT OF A CULVERT PASSING UNDER THE HARRISBURG-GETTYSBURG STATE HIGHWAY ON THE LANDS HEREIN DESCRIBED); THENCE BY SAID LANDS NOW OR FORMERLY OF PAUL ZIMMERMAN SOUTH FIFTY-FIVE (55) DEGREES WEST ONE HUNDRED TWENTY-ONE (121) FEET TO A POINT IN THE HARRISBURG-GETTYSBURG STATE HIGHWAY; THENCE IN SAID HIGHWAY SOUTH THIRTY-TWO (32) DEGREES THIRTY (30) MINUTES WEST TWENTY-FOUR AND SIX-TENTHS (24.6) FEET, MORE OR LESS, TO A POINT IN SAID HIGHWAY AT LINE OF LAND NOW OR FORMERLY OF MARTIN BOWMAN; THENCE BY SAID LANDS NOW OR FORMERLY OF MARTIN BOWMAN NORTH FIFTY-ONE (51) DEGREES TWENTY-FIVE (25) MINUTES WEST TWO HUNDRED AND FORTY-FIVE ONE-HUNDREDTHS (200.45) FEET TO A STONE; THENCE BY THE SAME NORTH ELEVEN (11) DEGREES WEST NINE AND NINE-TENTHS (9.9) FEET TO A POST, THE PLACE OF BEGINNING. THIS DESCRIPTION IS ACCORDING TO A SURVEY OF D. P. RAFFENSPERGER, REGISTERED SURVEYOR, DATED SEPTEMBER 22, 1950. HAVING THEREON ERECTED A TWO-STORY FRAME AND STONE DWELLING AND SINGLE GARAGE, KNOWN AND MUNICIPALLY NUMBERED AS 330 GETTYSBURG PIKE, MECHANICSBURG, PA. TOGETHER WITH THE RIGHT AND SUBJECT TO THE RIGHTS TO USE THE PRIVATE DRIVEWAY EXTENDING ALONG THE EASTERN BOUNDARY LINE OF THE ABOVE DESCRIBED PROPERTY IN COMMON WITH THE OWNERS AND OCCUPIERS OF OTHER LANDS ABUTTING THEREON FOR PURPOSES OF INGRESS, EGRESS AND REGRESS TO AND FROM THE LANDS HEREBY CONVEYED. TRACT NO. 2 BEGINNING AT AN IRON PIN AT THE NORTHWEST CORNER OF OTHER LANDS NOW OR FORMERLY OF WILLIAM H. BANNARD, JR., AND MARIAN F. BANNARD; THENCE ALONG THE LINE OF SAID OTHER LANDS NOW FOR FORMERLY OF WILLIAM H. BANNARD, JR., AND MARIAN F. BANNARD, SOUTH TWENTY-NINE (29) DEGREES TWENTY (20) MINUTES WEST EIGHTY-ONE AND FOUR-TENTHS (81.4) FEET TO A POST; THENCE ALONG THE LINE OF LANDS NOW OR FORMERLY OF OLIVER SIPE NORTH EIGHTY-FOUR (84) DEGREES THIRTY-TWO(32) MINUTES WEST ONE HUNDRED FIFTY (150) FEET, MORE OR LESS, TO A POST; THENCE; ALONG LINE OF LANDS NOW OR FORMERLY OF JAMES CRUMLICH NORTH THIRTEEN (13) DEGREES FIVE (5) MINUTES WEST ONE HUNDRED SEVENTY-THREE (173) FEET, MORE OR LESS, TO AN IRON PIN; THENCE ALONG LANDS NOW OR FORMERLY OF JOHN L. MINTER, OF WHICH THIS TRACT WAS FORMERLY A PART, SOUTH SIXTY-THREE (63) DEGREES FIFTY (50) MINUTES EAST TWO HUNDRED FIFTY-FIVE AND SIX-TENTHS (255.6) FEET TO AN IRON PIN, THE PLACE OF BEGINNING. CONTAINING 52/100 ACRES, NEAT MEASURE ACCORDING TO A SURVEY PREPARED BY D. P. RAFFENSPERGER, REGISTERED SURVEYOR, DATED MARCH 3, 1955. Al Ylrruo3 bac t 1' i:;s I CertifY this to be recordo In Cumberland COUDW P Recorder of Deeds ? M 1 ' . 37 / 1 7- - ... :.i IhGLE OF DEEDS :: ?__iILQND COUNTY '02 SEP 23 PM 2 13 Amendment to Mortgage HEALOC Prepared By: Stefanie Melroy Wells Fargo Home Equity 4455 ArrowsWest Drive Colorado Springs, CO 80907 APN: TAX ID# 42-28-2419-027 Account No: 4514195698 Collateral Address: 330 Getysburg Pike Mechanicsburg PA 17055 This Amendment to Mortgage ("Amendment') is made as of this 201" day of March, 2002 by and between Wells Fargo Bank West, N.A. (f/kla Norwest Bank Colorado, N.A), having its office at 4455 Arrows West Drive, Colorado Springs CO 80907(the "Lender'), and Deanna Lynn Sawyer. William Richard Sawyer (whether one or more, the "mortgagor'). Recitals A. The Lender is the holder of the Home Equity Access Line Agreement of: o The Mortgagor (also referred to as the "Borrower'), ? Deanna Lynn Sawyer, William Richard Sawvcr (referred to as the "Borrower'), which is April W, 2001, under which the Lender has extended to the Borrower a revolving line of credit (such Home Equity Access Line Agreement, together with any modifications to it made prior to the date of this Amendment, referred to as the "Note'). The credit limit for the revolving line of credit evidenced by the Note currently is $100.000.00 B. To secure payment of the amounts outstanding under the Note, the Mortgagor has giOven a mortgage or deed of trust to the Lender dated April 10t". 2001. (such mortgage or deed of trust, together with any modifications to it made prior to the date of this Amendment, referred to as the "Mortgage'), covering and placing alien upon the real property more particularly described in the Mortgage. The Mortgage was originally filed for record on April 101°. 2001 in the off ce of the REGISTRAR of Cumberland county as Document No. N/A in Book/Roll 1700 Page/Image 94 . C. In connection with the original filing of the Mortgage, a mortgage regisiry tax was paid to the Treasurer of such county in the amount of $_ N/A on __ N/A N/A , and that Treasurer placed his/her stamp on the Mortgage, such stamp bearing number N/A D. The Mortgagor acknowledges that the Mortgage is valid and enforceable and represents the Mortgagor's legal and binding obligations, free and clear of any claim, defense or offset. E. The Mortgagor and the Bank now desire to amend the Mortgage to reflect certain changes to the Borrower's revolving line of credit with the Bank that is secured by the Mortgage. F. SEEA77ACHED EXHIBIT A TAX 1D 42-28-2419-027 BOOK 690 PAGE 1928 Agreement Accordingly, inconsideration of the premises and other good and valuable consideration, each paid to the other, the parties to this Agreement agree as follows: ? HEALOCModiflcadon Agreement. The Borrower has executed and delivered to the Bank a HEALOC Modification Agreement dated March 2Vt 2002 (the "Modification'), which modifies the Note as follows: ? Change in Credit Limit. The Borrower's maximum credit limit under the revolving line ofcredit is changed to a maximum principal amount of $30.000.00. ? Extension of Maturity Date. The revolving line of credit will terminate and the entire unpaid principal balance outstanding on the Note, together with any unpaid finance charges and other charges, will be due and payable in full on Deeember20th. 2010 Until such date, the Borrower agrees to make the monthly payments as disclosed in the Note, or if modified by the HEALOC Modification Agreement, as disclosed in the HEALOC Modification Agreement ? Increased Rate of Finance Charge. The daily periodic rate is now equal to 11365 of +1.240 % over the "Index Rate. " The "Index Rate " is the variable reference rate, adjusted in accordance with the Note (if previously modified, as so modified), which is: ? the highest prime rate published in the Wall Street Journal "Money Rates " table. ? The 91-day Treasury Bill Rate (established at last auction average on a discount basis, rounded to the nearest .10%). ? Each reference in the Mortgage to the "Note "shall be deemed on and after the date of this Amendment to refer to the Note as it is now amended by the Modification, together with any future extensions, modifications, or renewals thereof. The lien of the Mortgage shall continue to secure the revolving line of credit, which is now evidenced by the modified Note. ? New Home Equity Access Line Agreement. The Note matured on N/A N/A ,and the Mortgagor and Lender now desire to amend the Mortgage to reflect the execution and delivery by the Borrower to the Lender of a renewal and replacement Home Equity Access Line Agreement, dated N/A , N/A , (the "Renewal Note'), which now evidences the Borrower's revolving line of credit described in the recitals above. The Renewal Note is issued in renewal and replacement of (and not in repayment qJ) the Note. The references in the Mortgage to the principal amount (credit limit), maturity date, and rate of finance charge in the Note are hereby amended to the extent necessary to reflect the principal amount (credit limit), maturity date, and rate of finance charge in the Renewal Note. The Renewal Note is in the principal amount of $_ N/A (the credit limit), it matures on N/A and it bears a daily periodic rate of finance charge equal to 11365 of N/A % over the "Index Rate. " The "Index Rate " is the variable reference rate, adjusted in accordance with the Renewal Note, which is: ? the highest prime rate published in the Wall Street Journal "Money Rates" table. ? The 91-day Treasury Bill Rate (established at last auction average on a discount basis, rounded to the nearest .10"/0). ? N/A Each reference in the Mortgage to the "Note " shall be deemed on and after the date of this Amendment to refer to the Renewal Note, together with any future extensions, modifications, or renewals thereof. The lien of the Mortgage shall continue to secure the revolving line of credit, which is now evidenced by the Renewal Note. The following terms and conditions apply regardless of which boxes are checked above: All original terms and conditions of the Mortgage (including any previous modifications) remain in full force and effect, except as modified by this Amendment, and the Mortgagor agrees to be bound by and to perform all of the covenants and agreements in the Mortgage at the time and in the manner therein provided. The Mortgagor agrees to pay or reimburse the Lender for any and all fees payable to public officials in connection with this Amendment, and the recording hereof, including any mortgage registry tax that may be due. BOOK 690 PAQ.1 9;1-19 IN WITNESS WHEREOF, the Mortgagor and Lender have executed this Amendment as of the day and year first above written. Wells Farso Bank West. N.A. WILLIAM RICHARD SAWYER Witness Print Name Witness Print Name STATE OF COLORADO ) ) ss. COUNTY OF EL PASO ) Before me, a Notary Public in and for said county and state, personally appeared JILL FOWLERS OFFICER of Wells Fargo Bank West. N.A.. a National Association, and acknowledged the execution of the foregoing Amendment on behalf of such National Association this ZO day of MARCH 2002. State of COLORADO Notary P c: CARAlACOBSO MY COMM ION EXPIRES: ( -'g - BOOK 690 PACE t930 STATE OF A09- C / ) COUNTY ss. A?M ?°?' Q? ) Be ore me, a Notary Public in and for said county and state, persona 1 ap eare on nn I,., .4a -and W? A341 .?ha? y oar a single person)' ingle perso ?sl Xhusband md wife) a q wledged the execution of the foregoing Amendment on this M day of 4W , .10400-L--. O Note W Seal State of Jay M. Zn"W" % NOWy pubic Upper Aien Twp., C.umbaMt *Unjy My C* nbwn Eow Mar.16.2006 MwTtw. Petwv0v nis AnockIbn 0fIIm- 'so This instrument was drafted by. Wells Fargo Bank West, NA 4455 Arrows West Drive Colorado Springs, CO 80907 BOOK 690 PACE 1931 EXHIBIT A THE FOLLOWING DESCRIBED REAL PROPERTY LOCATED IN THE COUNTY OF CUMBERLAND, STATE OF PENNSYLVANIA, DESCRIBED AS FOLLOWS: ALL THOSE TWO CERTAIN TRACTS OF LAND, TOGETHER WITH IMPROVEMENTS THEREON ERECTED, SITUATE IN THE TOWNSHIP OF UPPER ALLEN, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: TRACT NO. 1 BEGINNING AT A POINT AT A CORNER OF THE LANDS HEREIN DESCRIBED AND LANDS NOW OR FORMERLY OF MARTIN BOWMAN AND OTHER LANDS NOW OR FORMERLY OF JOHN L MINTER; THENCE BY SAID OTHER LANDS NOW OR FORMERLY OF JOHN L MINTER NORTH TWENTY-NINE (29) DEGREES TWENTY (20) MINUTES EAST EIGHTY-ONE AND FOUR-TENTHS (81.4) FEET TO A POINT; THENCE BY SAID LANDS NOW OR FORMERLY OF JOHN L MINTER SOUTH SIXTY-THREE (63) DEGREES FITY (50) MINUTES EAST TWO HUNDRED FIFTY-EIGHT AND FIVE-TENTHS (258.5) FEET TO A POINT ON LINE OF LANDS NOW OR FORMERLY OF PAUL ZIMMERMAN, (SAID LINE BEING TWELVE (12) FEET NORTHEAST FROM THE CENTER OF THE NORTHER ABUTMENT OF A CULVERT PASSING UNDER THE HARRISBUG-GETTYSBURG STATE HIGHWAY ON THE LANDS HEREIN DESCRIBED); THENCE BY SAID LANDS NOW OR FORMERLY OF PAUL ZIMMERMAN SOUTH FIFTY-FIVE (55) DEGREES WEST ONE HUNDRED TWENTY-ONE (121) FEET TO A POINT IN THE HARRISBURG- GETTYSBURG STATE HIGHWAY; THENCE IN SAID HIGHWAY SOUTH THIRTY-TWO (32) DEGREES THIRTY (30) MINUTES WEST TWENTY FOUR AND SIX-TENTHS (24.6) FEET, MORE OR LESS, TO A POINT IN SAID HIGHWAY AT LINE OF LAND NOW OR FORMERLY OF MARTIN BOWNMAN; THENCE BY SAID LANDS NOW OR FORMERLY OF MARTIN BOWMAN NORTH FIFTY-ONE (51) DEGREES TWENTY-FIVE (25) MINUTES WEST TWO HUNDRED AND FORTY-FIVE ONE-HUNDREDTHS (200.45) FEET TO A STONE; THENCE BY THE SAME NORTH ELEVEN (11) DEGREES WEST NINE AND NINE-TENTHS (9.9) FEET TO A POST, THE PLACE OF BEGINNING. THIS DESCRIPTION IS ACCORDING TO A SURVEY OF D P. RAFFESPERGER, REGISTERED SURVEYOR, DATED SEPTEMBER 22ND, 1950. HAVING THEREON ERECTED A TWO-STORY FRAME AND STONE DWELLING AND SINGLE GARAGE, KNOWN AND MUNICIPALLY NUMBERED AS 330 GETTYSBURG PIKE, MECHANICSBURG, PA. TOGETHER WITH THE RIGHT AND SUBJECT TO THE RIGHTS TO USE THE PRIVATE DRIVEWAY EXTENDING ALONG THE EASTERN BOUNDARY LINE OF THE ABOVE DESCRIBED PROPERTY IN COMMON WITH THE OWNERS AND OCCUPIERS OF OTHER LANDS ABUTTING THEREON FOR PURPOSES OF INGRESS, EGRESS AND REGRESS TO AND FROM THE LANDS HEREBY CONVEYED. TRACT NO. 2 BEGINNING AT AN IRON PIN AT THE NORTHWEST CORNER OF OTHER LANDS NOW OR FORMERLY OF WILLIMA H BANNARD, JR., AND MARIAN F BANNARD; THENCE ALONG THE LINE OF SAID OTHER LANDS NOW OR FORMERLY OF WILLIMA H BANNARD JR., AND MARIAN F BANNARD, SOUTH TWENTY-NINE (29) DEGREES TWENTY (20) MINUTES WEST EIGHTY-ONE AND FOUR-TENTHS (81.4) FEET TO A POST; THENCE ALONG THE LINE OF LANDS NOW OR FORMERLY OF OLIVER SIPE NORTH EIGHTY-FOUR (84) DEGREES THIRTY TWO (32) MINUTES WEST ONE HUNDRED FIFTY (150) FEET, MORE OR LESS, TO A POST; THENCE ALONG LINE OF LANDS NOW OR FORMERLY OF JAMES CRUMLICH NORTH THIRTEEN (13) DEGREES FIVE (5) MINUTES WEST ONE HUNDRED SEVENTY-THREE (73) FEET, MORE OR LESS, TO AN IRON PIN; THENCE ALONG LANDS NOW OR FORMERLY OF 590K 690 FACE 193 10HN L MINTER, OF WHICH THIS TRACT WAS FORMERLY A PART, SOUTH SIXTY-THREE (63) DEGREES FIFTY (50) MINUTES EAST TWO HUNDRED FIFTY-FIVE AND SIX-TENTHS (255.6) FEET TO AN IRON PIN, THE PLACE OF BEGINNING. CONTAINING 521100 ACRES, NEAT MEASURE ACCORDING TO A SURVEY PREPARED BY D. P. RAFFENSPERGER, REGISTERED SURVEYOR, DATED MARCH 3RD, 1955. CT Of' Deeds aoo?, 690 PACE .1` 33 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~~~ ~t~ ~ PF~?T;~''~TA~Y Sheriff ~ ~t~t~tr qt ~;lu;lrrr(, ~j Jody S Smith ~ ° 218 MAY t 2 ~M ~ 47 Chief Deputy Edward L Schorpp ~+~i.~;'~tt,J G Solicitor ~ ~~~,. Wells Fargo Bank, NA Case Number vs. 2010-2464 Deanna Lynn Sawyer (et al.) SHERIFF'S RETURN OF SERVICE 04/24/2010 10:22 AM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on April 24, 2010 at 1022 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Deanna Lynn Sawyer, by making known unto herself personally, at 330 Gettysburg Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. .. AMA DA COBAUGH, DEPUTY 04/26/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Deanna Lynn Sawyer, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Deanna Lynn Sawyer. Deanna Lynn Saywer currently resides at 330 Gettysburg Pike, Mechanicsburg, PA 17055. 05/07/2010 04:23 PM -Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on May 7, 2010 at 1620 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: William Richard Sawyer, by making known unto himself personally, at 228 E. Locust Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. ~~ 7~~ T B CK, DEPUTY 05/10/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: William Richard Sawyer, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant William Richard Sawyer. William Richard Sawyer currently resides at 228 E. Locust Street, Mechanicsburg, PA 17055. SHERIFF COST: $104.00 May 10, 2010 SO ANSWERS, ~:~ RON R ANDERSON, SHERIFF ro) CantiySuite Sherff. Te ^cs:at Irn:. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION Wells Fargo Bank, N.A. v. Deanna Lynn Sawyer and. William Richard Sawyer FILE NO.: 10-2464 Civil Term Civil Te~dl s. ° AMOUNT DUE: $28,613.27 ~-<<'' ~ = ~ ~ INTEREST: from 06/09/10 to 12/08/= cr: : c ~ $855.40 at $4.70 . ATTY'S COMM : ~ ~ ~- - { . . COSTS: '~ ~ °i TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 330 Gettvsburs Pike, Mechanicsburg Pennsylvania 17055 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: 6-10-2010 #a~.oo Pc Any IO~.oo CBF ga.uo ~, i+~ . oo ~~ a.so M Signature: Print Name: CCABE, EISBERG AND CONWAY Address:123 S. Broad treet, Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. ~ X3(0.50 - PD A-1'~1 ~a.oo Q~e(,d' - so I.t. ~* 109790 R* a~l~s', I l~E (.~~ J LEGAL DESCRIPTION ALL THOSE TWO CERTAIN tracts of land, together with improvements thereon erected, situate in the Township of Upper Allen, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: TRACT NO. 1 BEGINNING at a post at a corner of the lands herein described and lands now or formerly of Martin Bowman and other lands now or formerly of John L. Minter; thence by said other lands now or formerly of John L. Minter North 29 degrees 20 minutes East 81.4 feet to a point; thence by said lands now or formerly of John L. Minter South 63 degrees 50 minutes East 258.5 feet to a point on line of lands now or formerly of Paul Zimmerman, (said line being 12 feet northeast from the center of the northern abutment of a culvert passing under the Harrisburg-Gettsburg State Highway on the lands herein described) thence by said lands now or formerly of Paul Zimmerman South 55 degrees West 121 feet to a point in the Harrisburg-Gettysburg State Highway; thence in said Highway South 32 degrees 30 minutes West 24.6 feet, more ar less, to a point in said Highway at line of land now or formerly of Martin Bowman; thence by said lands now or formerly of Martin Bowman, North 51 degrees 25 minutes West 200.45 feet to a stone; thence by the same North 11 degrees West 9.9 feet to a post, the place of beginning. Tins description is according to a survey of D.P. Raffensperger, Registered Surveyor, dated September 22, 1950. HAVING thereon erected a two story frame and stone dwelling and single garage, known and municipality numbered as 330 Gettysburg Pike, Mechanicsburg, PA. TOGETHER with the right and subject to the rights to use the private driveway extending along the eastern boundary lines of the above described property in common with the owners and occupiers of other lands abutting thereon for purposes on ingress, egress and regress to and from the lands hereby conveyed. THIS conveyance is subject to the right of John L. Minter, his heirs and assigns to maintain an overflow drain from the septic tank on his property adjoining the above described property on the east to the drain passing through the culvert under the Harrisburg-Gettysburg State Highway on the property hereby conveyed. TRACT NO. 2 BEGINNING at an iron pin at the Northwest corner of other lands now or formerly of William H. Barnard, Jr, and Marian F. Barnard; thence along the line of said other lands now or formerly of William H. Barnard, Jr. and Marian F. Barnard, South 29 degrees 20 minutes West 81.4 feet to a post; thence along the line of lands now or formerly of Oliver Sipe North 84 degrees 32 minutes West 150 feet, more or less, to a post; thence along line of lands now or formerly of Jarnes Crumlich North 13 degrees 5 minutes West 173 feet, more or less to an iron pin, thence along ]ands now or formerly of John L. Minter, of which this tract was formerly a part, South 63 degrees 50 minutes East 255.6 feet to an iron pin, the place of beginning. BEING PARCEL NUMBER: 42-28-2419-027 BEING KNOWN AS 330 Gettysburg Pike, Mechanicsburg, Pennsylvania 17055. BEING the same premises which ELIZABETH ANNE REINECKER AND GREGORY L. REINECKER, HER HUSBAND by deed dated November 15, 2000 and recorded November 20, 2000 in the office of the Recorder in and for Cumberland County in Deed Book 234, Page 305, granted and conveyed to Deanna Lynn Sawyer and William Richard Sawyer in fee. w VERIFICATION The undersigned hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4909 relating to unsworn falsification to authorities. t~l~Gc/ TERRENC J. McCABE, ESQUIRE MARL S. EISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff •, '~ McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARL S. WEISBERG, ESQUII2E - 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, N.A. Plaintiff v. Deanna Lynn Sawyer and William Richard Sawyer Defendants Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 10-2464 Civil Term C -~,t [,~ ~s-, ~ , ., `> a~rA . . .::-. ~~: ~!: ,:: v AFFIDAVIT OF LAST-KNOWN MAILING ADDRESS OF DEFENDANTS N ra c~ c..,.. to U" a~ ..$`; ~~ ~~r, 7. _, , ., :~ C~ ~~r. '' i The undersigned, attorney for the Plaintiff in the within matter, being duly sworn according to law, hereby depose and say that the last-known mailing addresses of the Defendants are: Deanna Lynn Sawyer William Richard Sawyer 330 Gettysburg Pike 228 E Locust Street Mechanicsburg, Pennsylvania 17055 Mechanicsburg, Pennsylvania 17055 SWORN AND SUB C BED BEFORE ME THIS DAY OF , 2010 NOTARY PXJBLIC A TERREN J. McCABE, ESQUIRE MARC S. EISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff ~ w. ~S NO.~PRYtia ~~ i1 a 4 e~ 4 h~ tiX F n~'~ S r McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIItE - 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, N.A. Plaintiff v. Deanna Lynn Sawyer and William Richard Sawyer Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 10-2464 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 C7 ~ t"; r~ 9; : ;- cT ~,~ ~ ,~~ _ }, ~- ' ;~ _,' ~ r~ 1~~. 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: 330 Gettysburg Pike, Mechanicsburg, Pennsylvania 17055, a copy of the description of said property being attached hereto and marked Exhibit "A." 1. Name and address of Owners or Reputed Owners Name Address Deanna Lynn Sawyer 330 Gettysburg Pike Mechanicsburg, Pennsylvania 17055 William Richard Sawyer 22$ E Locust Street Mechanicsburg, Pennsylvania 17055 2. Name and address of Defendants in the judgment: Name Address Deanna Lynn Sawyer 330 Gettysburg Pike Mechanicsburg, Pennsylvania 17055 William Richard Sawyer 228 E Locust Street Mechanicsburg, Pennsylvania 17055 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 Erin Capital Management LLC 90 William St. Apt/Ste 802 New York, New York 10038 LVNV Funding LLC Apothaker & Associates, PC 2417 Welsh Rd. Suite 21, #520 Philadelphia, Pennsylvania 19114 4. Name and address of the last recorded holder of every mortgage of record: Name 5. 6. 7 Address None Name and address of every other person who has any record lien on the property: Name Address None Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address Elizabeth Reinecker c/o Beauchat &Beauchat, LLC 63 W. High Street Gettysburg, Pennsylvania 17325 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 Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Address 330 Gettysburg Pike Mechanicsburg, Pennsylvania 17055 Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 110 North 8`~ Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 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 United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States U.S. Dept. of Justice 8. Name and address of Attorney of record: Name 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 William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18501-0309 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept. of Justice, Rm. 5111 Main Justice Bldg., 10th & Constitution Ave. N.W. Washington, DC 20530 10th & Constitution Ave. N.W., Rm. 4400 Washington, DC 20530 Address None I verify that the statements made in this Affidavit are true and con•ect 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 unsworn falsification to authorities. June 10, 2010 DATE TERRENC . McCABE, ESQUIRE MARC S. EISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff /~ LEGAL DESCRIPTION ALL THOSE TWO CERTAIN tracts of land, together with improvements thereon erected, situate in the Township of Upper Allen, County of Cumberland, and Commonwealth of Pennsylvania, being more particulazly bounded and described as follows, to wit: TRACT NO. 1 BEGINNING at a post at a comer of the lands herein described and lands now or formerly of Martin Bowman and other lands now or formerly of John L. Minter; thence by said other lands now or formerly of John L. Minter North 29 degrees 20 minutes East 81.4 feet to a point; thence by said lands now or formerly of John L. Minter South 63 degrees 50 minutes East 258.5 feet to a point on line of lands now or formerly of Paul Zimmerman, (said line being l2 feet northeast from the center of the northern abutment of a culvert passing under the Harrisburg-Gettsburg State Highway on the lands herein described) thence by said lands now or formerly of Paul Zimmerman South 55 degrees West 121 feet to a point in the Hazrisburg-Gettysburg State Highway; thence in said Highway South 32 degrees 30 minutes West 24.6 feet, more or less, to a point in said Highway at line of land now or formerly of Martin Bowman; thence by said lands now or formerly of Martin Bowman, North 51 degrees 25 minutes West 200.45 feet to a stone; thence by the same North 11 degrees West 9.9 feet to a post, the place of beginning. This description is according to a survey of D.P. Raffensperger, Registered Surveyor, dated September 22, 1950. HAVING thereon erected a two story frame and stone dwelling and single garage, known and municipality numbered as 330 Gettysburg Pike, Mechanicsburg, PA. TOGETHER with the right and subject to the rights to use the private driveway extending along the eastern boundary lines of the above described property in common with the owners and occupiers of other lands abutting thereon for purposes on ingress, egress and regress to and from the lands hereby conveyed. THIS conveyance is subject to the right of John L. Minter, his heirs and assigns to maintain an overflow drain from the septic tank on his property adjoining the above described property on the east to the drain passing through the culvert under the Harrisburg-Gettysburg State Highway on the property hereby conveyed. TRACT N0.2 BEGINNING at an iron pin at the Northwest corner of other lands now or formerly of William H. Barnard, Jr, and Marian F. Bannazd; thence along the line of said other lands now or formerly of William H. Barnard, Jr. and Marian F. Barnard, South 29 degrees 20 minutes West 81.4 feet to a post; thence along the line of lands now or formerly of Oliver Sipe North 84 degrees 32 minutes West 150 feet, more or less, to a post; thence along line of lands now or formerly of James Crumlich North 13 degrees 5 minutes West 173 feet, more or less to an iron pin, thence along lands now or formerly of John L. Minter, of which this tract was formerly a part, South 63 degrees 50 minutes East 255.6 feet to an iron pin, the place of beginning. BEING PARCEL NUMBER: 42-28-2419-027 BEING KNOWN AS 330 Gettysburg Pike, Mechanicsburg, Pennsylvania 17055. BEING the same premises which ELIZABETH ANNE REINECKER AND GREGORY L. REINECKER, HER HUSBAND by deed dated November 15, 2000 and recorded November 20, 2000 in the office of the Recorder in and for Cumberland County in Deed Book 234, Page 305, granted and conveyed to Deanna Lynn Sawyer and William Richard Sawyer in fee. )- McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE 3. McCABE, ESQUIRE - ID # 1649b MARC S. WEISBERG, ESQUIRE - ID # 17b1b .EDWARD D. CONWAY, ESQUIRE - ID # 34b87 MARGARET GAIItd, ESQUIRE - ID # 34419. 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 CIVIL ACTION LAW Wells Fargo Bank, N.A. v. Deanna Lynn Sawyer and William Richard Sawyer Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 10-2464 Civil Term c~_' ;~, t `; ,_' %~ . fr. C_ ,- ~~ c. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Deanna Lynn Sawyer William Richard Sawyer 330 Gettysburg Pike 228 E Locust Street Mechanicsburg, Pennsylvania 17055 Mechanicsburg, Pennsylvania 17055 n L... ~~ tx`- c~ `~ ~~ J- "1`i r~+~ r- _~.; i-r ,_ ~~~,rt, -- -,C7 ~, ~- Your house (real estate) at 330 Gettysburg Pike, Mechanicsburg, Pennsylvania 17055 is scheduled to be sold at Sheriffs Sale on December 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 $28,613.27 obtained by Wells Fargo Bank, N.A, 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 he canceled if yrn~ pay to Wells Fargo Rank, N.A. the back payments, late charges, costs, and reasonable attorney's fees due. To find out haw much you must pay, you may call McCabe, Wcisbcrg 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 how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE i- 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may fmd 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 Sheriffthe full amount due on the sale. To fmd 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 Sheriffgives 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 Sheriffwithin 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 H1RE 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 l- LEGAL DESCRIPTION ALL THOSE TWO CERTAIN tracts of land, together with improvements thereon erected, situate in the Township of Upper Allen, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: TRACT NO. 1 BEGINNING at a post at a corner of the lands herein described and lands now or formerly of Martin Bowman and other lands now or formerly of John L. Minter; thence by said other lands now or formerly of Sohn L. Minter North 29 degrees 20 minutes East 81.4 feet to a point; thence by said lands now or formerly of John L. Minter South 63 degrees 50 minutes East 258.5 feet to a point on line of lands now or formerly of Paul Zimmerman, (said line being 12 feet northeast from the center of the northern abutment of a culvert passing under the Harrisburg-Gettsburg State Highway on the lands herein described) thence by said lands now or formerly of Paul Zimmerman South 55 degrees West 121 feet to a point in the Harrisburg-Gettysburg State Highway; thence in said Highway South 32 degrees 30 minutes West 24.6 feet, more or less, to a point in said Highway at line of land now or formerly of Martin Bowman; thence by said lands now or formerly of Martin Bowman, North 51 degrees 25 minutes West 200.45 feet to a stone; thence by the same North 11 degrees West 9.9 feet to a post, the place of beginning. This description is according to a survey of D.P. Raffensperger, Registered Surveyor, dated September 22, 1950. HAVING thereon erected a two story frame and stone dwelling and single garage, known and municipality numbered as 330 Gettysburg Pike, Mechanicsburg, PA. TOGETHER with the right and subject to the rights to use the private driveway extending along the eastern boundary lines of the above described property in common with the owners and occupiers of other lands abutting thereon for purposes on ingress, egress and regress to and from the lands hereby conveyed. THIS conveyance is subject to the right of John L. Minter, his heirs and assigns to maintain an overflow drain from the septic tank on his property adjoining the above described property on the east to the drain passing through the culvert under the Harrisburg-Gettysburg State Highway on the property hereby conveyed. TRACT N0.2 BEGINNING at an iron pin at the Northwest comer of other lands now or formerly of William H. Barnard, Jr, and Marian F. Barnard; thence along the line of said other lands now or formerly of William H. Barnard, Jr. and Marian F. Barnard, South 29 degrees 20 minutes West 81.4 feet to a post; thence along the line of lands now or formerly of Oliver Sipe North 84 degrees 32 minutes West 150 feet, more or less, to a post; thence along line of lands now or formerly of James Crumlich North 13 degrees S minutes West 173 feet, more or less to an iron pin, thence along lands now or formerly of John L. Minter, of which this tract was formerly a part, South 63 degrees 50 minutes East 255.6 feet to an iron pin, the place of beginning. BEING PARCEL NUMBER: 42-28-2419-027 BEING KNOWN AS 330 Gettysburg Pike, Mechanicsburg, Pennsylvania 17055. BEING the same premises which ELIZABETH ANNE REINECKER AND GREGORY L. REINECKER, HER HUSBAND by deed dated November 15, 2000 and recorded November 20, 2000 in the office of the Recorder in and for Cumberland County in Deed Book 234, Page 305, granted and conveyed to Deanna Lynn Sawyer and William Richard Sawyer in fee. WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-2464 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., Plaintiff (s) From DEANNA LYNN SAWYER and WILLIAM RICHARD SAWYER (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 fxom 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 $28,613.27 L.L.$.50 Interest from 6!9!10 to 12/8!10 at $4.70 - $855.40 Atty's Comm Atty Paid $236.50 Plaintiff Paid Date: 6!15/10 (Seal) Due Prothy $2.00 Other Costs avid D. Buel Prothonotary By: Deputy REQUESTING PARTY; Name: MARGARET GAIRO, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 34419 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, N.A. Plaintiff v. Deanna Lynn Sawyer and William Richard Sawyer Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 10-2464 Civil Term AMENDED AFFIDAVIT OF SERVICE I, the undersigned attorney for the Plaintiff in the within matter, hereby certify that on the 12"` day of October, 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 ~ DAY O~~{-off. r- , 2010 TARY/P>~TBLIC ~OMMpNWEALTH OF PENNSYLVANIA NOTARIAL SEAL STACEY M. O'CONNELL, Notary Public City of Philadelphia, Ph0>9. Coon ~A~, Commission 1=.xpi[ss~,htlx~lQ,.,7,_.. _. RRE E J. McCABE, ESQUIRE MARC .WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff ,_.__, ..: ~ ~~ ... ~ ---~ ~r- ~:.:.A to ~c~ =z ---tc, :. _ t~ ~ -a .~.--n ~ ~ ~ ~~ ~~ ~ __ c - -a ~ ~ .~- c~'t ~ -C f 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 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Wells Fargo Bank, N.A. Plaintiff v. Deanna Lynn Sawyer and William Richard Sawyer Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 10-2464 Civil Term AMENDED AFFIDAVIT PURSUANT TO RUDE 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: 330 Gettysburg Pike, Mechanicsburg, Pennsylvania 17055, a copy of the description of said property being attached hereto and marked Exhibit "A." 1. Name and address of Owners or Reputed Owners Name Address Deanna Lynn Sawyer 330 Gettysburg Pike Mechanicsburg, Pennsylvania 17055 William Richard Sawyer 228 E Locust Street Mechanicsburg, Pennsylvania 17055 2. Name and address of Defendants in the judgment: Name Address Deanna Lynn Sawyer 330 Gettysburg Pike Mechanicsburg, Pennsylvania 17055 William Richard Sawyer 228 E Locust Street Mechanicsburg, Pennsylvania 17055 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 Erin Capital Management LLC 90 William St. Apt/Ste 802 New York, New York 10038 LVNV Funding LLC Apothaker & Associates, PC 2417 Welsh Rd. Suite 21, #520 Philadelphia, Pennsylvania 19114 4. Name and address of the last recorded holder of every mortgage of record: Name 5. 6. 7 Address None Name and address of every other person who has any record lien on the property: Name Address None Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address Elizabeth Reinecker c/o Beauchat &Beauchat, LLC 63 W. High Street Gettysburg, Pennsylvania 17325 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 Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Address 330 Gettysburg Pike Mechanicsburg, Pennsylvania 1?055 Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 110 North 8`" Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department#280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 84$6 Harrisburg, PA 17105-8486 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 United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States U.S. Dept. of Justice Name and address of Attorney of record: Name 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 William J. Nealan Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18501-0309 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 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 l8 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. October 12. 2010 DATE RREN J. McCABE, ESQUIRE MARC S. EISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE 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 - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 Wells Fargo Bank, N.A. Plaintiff Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY v. Deanna Lynn Sawyer and William Richard Sawyer Number 10-2464 Civil Term Defendants DATE: October 12, 2010 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: Deanna Lynn Sawyer and William Richard Sawyer PROPERTY: 330 Gettysburg Pike, Mechanicsburg, Pennsylvania 17055 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriffs Sale on December 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. 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. ~O 00 J O~ t!1 ii W N ~+ ~. ~ S m ~ h d m ~ 1 0 ~ Q y < 0 ~o ~ '+ m o d ~ m~ m ~: ~' a ~. e ~ ~. 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D C „on „~ a , O o, ~y .r ~.. ~ e ° 'v ^v o o ~ o~ ~' o v, y ~'" ~ w -~ m ,^,d ~ a $ ee < w„ •o -' ~ ~ `C , !°i a o g ~-p ~ ~ L,' h " ~ :; o e o r" "~ ao ' r. o bo o~ m o ~ ~ v, ~ ~, < e m ro ~~ ~' o ~ ~ A ~ ~ a m ~ w~ v t" .r ~ n owo C^ a ,~°.~M N ~ A A ~ ~ ' ~~ • ,`/~' y o N uN41 C:f ,~1 ° ~~ " [ T ~ ~, ~ I ~ N ~ ~ ~ ~ n ~ ° C ~' ~ m M ' y o ' ~ ~._ , o t n' . ~ ' U d W N ~" w ~ ~ d 0 ~~C A ,t O ~ A b ~ A A H O A A Az ae :; Q ro~ o ~ ~o -~ ~ro n A~ C ~ ova,~~i~~o ~ o,r~i~~-~~. m ~m o ~~~~o o p ;b= O ~ggp~yv Q Y~AOdn ~'t~u ddG7zs° ~:'ti ~ ~ -,i •.. m d ~O •~5 ~*o ym -e o ry5 o(p ee ((~p ryry5~~ ~ d~a ~; ~C y'~° ° o io ~ e F~' y ~3 e~ ma y9 m'a a "• yy .', ~ ego 9 i~ C3 C O .7 C/1 i~ ."'3 ~ '.'t (/~ S m S fh o '.~ k A O ~ ~y ~ "1 ~ Z y' m m .~ C1~ `"a~+,° o CJ~ ~~.~ ~yv~'~~ Y~2!~v~~ >Na~ - ~~~v~~06 ,~~ ~`o"E w...~, y >~a.M ~. oyg ~ ~ ~ ca~•~B ~,~~ Y °°= o° ,o.,~~ o ~ o' Y~ ,erg ~ "°., ~~o,e T v 8p ~~ ~ w ~y o ~'~ e'B m ~~„~m ~" CO O F9 ~ OC O ... !C C A b.07 ~Y.Oj ~ -+ 7 n~ A A NOA A ~ CD ~~ ~ e ~ ~ ~ 3 o' o 0 f'1 ~ ~ ~ ,,, o+' v .r ~ w s w °a, y .r ° 3 A ~ 0 .. 0 -~ A e A SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor h 2JI I %J' "> -4 P?1 :3. 2? Wells Fargo Bank, NA vs. Deanna Lynn Sawyer (et al.) Case Number 2010-2464 SHERIFF'S RETURN OF SERVICE 10/15/2010 05:01 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on 10-15-10 at 1701 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 Deanna Lynn & William Richard Sawyer, located at, 330 Gettysburg Pike, Mechanicsburg, Cumberland County, Pennsylvania according to law. 10/15/2010 08:29 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: William Richard Sawyer, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, William Richard Sawyer, defendant does not reside at: 228 East Locust Street, Mechanicsburg, PA 17055, defendant did not leave a forwarding address with the post office. 10/20/2010 02:15 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on 10/20/10 at 1400 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: Deanna Lynn Sawyer, by making known unto, Paul Rheume, Boyfriend, adult in charge, at, 330 Gettysburg Pike, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 12/07/2010 As directed by Margaret Gairo, Attorney for the Plaintiff, Sheriffs Sale Continued to 1/5/2011 01/03/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney Margaret Gairo on 12/7/10. SHERIFF COST: $1,901.37 January 04, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF & f-0 7 K , 1?k cK--4- 79s7L ic`. CounlySdtc She:?i. f?,-oso-1. In;;. V 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, N.A. Plaintiff V. Deanna Lynn Sawyer and William Richard Sawyer Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 10-2464 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: 330 Gettysburg Pike, Mechanicsburg, Pennsylvania 17055, a copy of the description of said property being attached hereto and marked Exhibit "A." 1. Name and address of Owners or Reputed Owners Name Address Deanna Lynn Sawyer 330 Gettysburg Pike Mechanicsburg, Pennsylvania 17055 William Richard Sawyer 228 E Locust Street Mechanicsburg, Pennsylvania 17055 2. Name and address of Defendants in the judgment: Name Address Deanna Lynn Sawyer 330 Gettysburg Pike Mechanicsburg, Pennsylvania 17055 William Richard Sawyer 228 E Locust Street Mechanicsburg, Pennsylvania 17055 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 Erin Capital Management LLC 90 William St. Apt/Ste 802 New York, New York 10038 LVNV Funding LLC Apothaker & Associates, PC 2417 Welsh Rd. Suite 21, #520 Philadelphia, Pennsylvania 19114 4. Name and address of the last recorded holder of every mortgage of record: Name 5 6. 7 Address None Name and address of every other person who has any record lien on the property: Name Address None Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address Elizabeth Reinecker c/o Beauchat & Beauchat, LLC 63 W. High Street Gettysburg, Pennsylvania 17325 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 Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Address 330 Gettysburg Pike Mechanicsburg, Pennsylvania 17055 Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 110 North 8`h Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Commonwealth of Pennsylvania Department of Revenue Bureau of Clearance Support Department 281230 Compliance Harrisburg, PA 17128-1230 ATTN: Sheriff'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 William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18501-0309 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 United States of America c/o U.S. Dept. of Justice, Rm. 5111 Atty General of the United States Main Justice Bldg., 10th & Constitution Ave. N. W. Washington, DC 20530 United States of America c/o 10th & Constitution Ave. N. W., Rm. 4400 Atty General of the United States Washington, DC 20530 U.S. Dept. of Justice 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 unsworn falsification to authorities. June 10, 2010 DATE TERREN;EISBERG, MCCABE, ESQUIRE MARC S. ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff LEGAL DESCRIPTION ALL THOSE TWO CERTAIN tracts of land, together with improvements thereon erected, situate in the Township of Upper Allen, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: TRACT NO. 1 BEGINNING at a post at a comer of the lands herein described and lands now or formerly of Martin Bowman and other lands now or formerly of John L. Minter, thence by said other lands now or formerly of John L. Minter North 29 degrees 20 minutes East 81.4 feet to a point; thence by said lands now or formerly of John L. Minter South 63 degrees 50 minutes East 258.5 feet to a point on line of lands now or formerly of Paul Zimmerman, (said line being 12 feet northeast from the center of the northern abutment of a culvert passing under the Harrisburg-Gettsburg State Highway on the lands herein described) thence by said lands now or formerly of Paul Zimmerman South 55 degrees West 121 feet to a point in the Harrisburg-Gettysburg State Highway; thence in said Highway South 32 degrees 30 minutes West 24.6 feet, more or less, to a point in said Highway at line of land now or formerly of Martin Bowman; thence by said lands now or formerly of Martin Bowman, North 51 degrees 25 minutes West 200.45 feet to a stone; thence by the same North 11 degrees West 9.9 feet to a post, the place of beginning. This description is according to a survey of D.P. Raffensperger, Registered Surveyor, dated September 22, 1950. HAVING thereon erected a two story frame and stone dwelling and single garage, known and municipality numbered as 330 Gettysburg Pike, Mechanicsburg, PA. TOGETHER with the right and subject to the rights to use the private driveway extending along the eastern boundary lines of the above described property in common with the owners and occupiers of other lands abutting thereon for purposes on ingress, egress and regress to and from the lands hereby conveyed. THIS conveyance is subject to the right of John L. Minter, his heirs and assigns to maintain an overflow drain from the septic tank on his property adjoining the above described property on the east to the drain passing through the culvert under the Harrisburg-Gettysburg State Highway on the property hereby conveyed. TRACT NO.2 BEGINNING at an iron pin at the Northwest corner of other lands now or formerly of William H. Bannard, Jr, and Marian F. Bannard; thence along the line of said other lands now or formerly of William H. Bannard, Jr. and Marian F. Bannard, South 29 degrees 20 minutes West 81.4 feet to a post; thence along the line of lands now or formerly of Oliver Sipe North 84 degrees 32 minutes West 150 feet, more or less, to a post; thence along line of lands now or formerly of James Crumlich North 13 degrees 5 minutes West 173 feet, more or less to an iron pin, thence along lands now or formerly of John L. Minter, of which this tract was formerly a part, South 63 degrees 50 minutes East 255.6 feet to an iron pin, the place of beginning. BEING PARCEL NUMBER: 42-28-2419-027 BEING KNOWN AS 330 Gettysburg Pike, Mechanicsburg, Pennsylvania 17055. BEING the same premises which ELIZABETH ANNE REINECKER AND GREGORY L. REINECKER, HER HUSBAND by deed dated November 15, 2000 and recorded November 20, 2000 in the office of the Recorder in and for Cumberland County in Deed Book 234, Page 305, granted and conveyed to Deanna Lynn Sawyer and William Richard Sawyer in fee. f. N 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, N.A. COURT OF COMMON PLEAS V. CUMBERLAND COUNTY Deanna Lynn Sawyer and William Richard Sawyer Number 10-2464 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Deanna Lynn Sawyer William Richard Sawyer 330 Gettysburg Pike 228 E Locust Street Mechanicsburg, Pennsylvania 17055 Mechanicsburg, Pennsylvania 17055 Your house (real estate) at 330 Gettysburg Pike, Mechanicsburg, Pennsylvania 17055 is scheduled to be sold at Sheriffs Sale on December 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 $28,613.27 obtained by Wells Fargo Bank, N.A. 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 Fargn Rank, N.A the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Wcisberg and Conway, P.C., Esquire at (215) 790-1010. 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 how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE . . . 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 0, . . LEGAL DESCRIPTION ALL THOSE TWO CERTAIN tracts of land, together with improvements thereon erected, situate in the Township of Upper Allen, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: TRACT NO. 1 BEGINNING at a post at a corner of the lands herein described and lands now or formerly of Martin Bowman and other lands now or formerly of John L. Minter; thence by said other lands now or formerly of John L. Minter North 29 degrees 20 minutes East 81.4 feet to a point; thence by said lands now or formerly of John L. Minter South 63 degrees 50 minutes East 258.5 feet to a point on line of lands now or formerly of Paul Zimmerman, (said line being 12 feet northeast from the center of the northern abutment of a culvert passing under the Harrisburg-Gettsburg State Highway on the lands herein described) thence by said lands now or formerly of Paul Zimmerman South 55 degrees West 121 feet to a point in the Harrisburg-Gettysburg State Highway; thence in said Highway South 32 degrees 30 minutes West 24.6 feet, more or less, to a point in said Highway at line of land now or formerly of Martin Bowman; thence by said lands now or formerly of Martin Bowman, North 51 degrees 25 minutes West 200.45 feet to a stone; thence by the same North 11 degrees West 9.9 feet to a post, the place of beginning. This description is according to a survey of D.P. Raffensperger, Registered Surveyor, dated September 22, 1950. HAVING thereon erected a two story frame and stone dwelling and single garage, known and municipality numbered as 330 Gettysburg Pike, Mechanicsburg, PA. TOGETHER with the right and subject to the rights to use the private driveway extending along the eastern boundary lines of the above described property in common with the owners and occupiers of other lands abutting thereon for purposes on ingress, egress and regress to and from the lands hereby conveyed. THIS conveyance is subject to the right of John L. Minter, his heirs and assigns to maintain an overflow drain from the septic tank on his property adjoining the above described property on the east to the drain passing through the culvert under the Harrisburg-Gettysburg State Highway on the property hereby conveyed. TRACT NO. 2 BEGINNING at an iron pin at the Northwest corner of other lands now or formerly of William H. Bannard, Jr, and Marian F. Bannard; thence along the line of said other lands now or formerly of William H. Bannard, Jr. and Marian F. Bannard, South 29 degrees 20 minutes West 81.4 feet to a post; thence along the line of lands now or formerly of Oliver Sipe North 84 degrees 32 minutes West 150 feet, more or less, to a post; thence along line of lands now or formerly of James Crumlich North 13 degrees 5 minutes West 173 feet, more or less to an iron pin, thence along lands now or formerly of John L. Minter, of which this tract was formerly a part, South 63 degrees 50 minutes East 255.6 feet to an iron pin, the place of beginning. BEING PARCEL NUMBER: 42-28-2419-027 BEING KNOWN AS 330 Gettysburg Pike, Mechanicsburg, Pennsylvania 17055. BEING the same premises which ELIZABETH ANNE REINECKER AND GREGORY L. REINECKER, HER HUSBAND by deed dated November 15, 2000 and recorded November 20, 2000 in the office of the Recorder in and for Cumberland County in Deed Book 234, Page 305, granted and conveyed to Deanna Lynn Sawyer and William Richard Sawyer in fee. A LEGAL DESCRIPTION ALL THOSE TWO CERTAIN tracts of land, together with improvements thereon erected, situate in the Township of Upper Allen, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: TRACT NO. 1 BEGINNING at a post at a corner of the lands herein described and lands now or formerly of Martin Bowman and other lands now or formerly of John L. Minter; thence by said other lands now or formerly of John L. Minter North 29 degrees 20 minutes East 81.4 feet to a point; thence by said lands now or formerly of John L. Minter South 63 degrees 50 minutes East 258.5 feet to a point on line of lands now or formerly of Paul Zimmerman, (said line being 12 feet northeast from the center of the northern abutment of a culvert passing under the Harrisburg-Gettsburg State Highway on the lands herein described) thence by said lands now or formerly of Paul Zimmerman South 55 degrees West 121 feet to a point in the Harrisburg-Gettysburg State Highway; thence in said Highway South 32 degrees 30 minutes West 24.6 feet, more or less, to a point in said Highway at line of land now or formerly of Martin Bowman; thence by said lands now or formerly of Martin Bowman, North 51 degrees 25 minutes West 200.45 feet to a stone; thence by the same North 11 degrees West 9.9 feet to a post, the place of beginning. This description is according to a survey of D.P. Raffensperger, Registered Surveyor, dated September 22, 1950. HAVING thereon erected a two story frame and stone dwelling and single garage, known and municipality numbered as 330 Gettysburg Pike, Mechanicsburg, PA. TOGETHER with the right and subject to the rights to use the private driveway extending along the eastern boundary lines of the above described property in common with the owners and occupiers of other lands abutting thereon for purposes on ingress, egress and regress to and from the lands hereby conveyed. THIS conveyance is subject to the right of John L. Minter, his heirs and assigns to maintain an overflow drain from the septic tank on his property adjoining the above described property on the east to the drain passing through the culvert under the Harrisburg-Gettysburg State Highway on the property hereby conveyed. TRACT NO. 2 BEGINNING at an iron pin at the Northwest corner of other lands now or formerly of William H. Bannard, Jr, and Marian F. Bannard; thence along the line of said other lands now or formerly of William H. Bannard, Jr. and Marian F. Bannard, South 29 degrees 20 minutes West 81.4 feet to a post; thence along the line of lands now or formerly of Oliver Sipe North 84 degrees 32 minutes West 150 feet, more or less, to a post; thence along line of lands now or formerly of James Crumlich North 13 degrees 5 minutes West 173 feet, more or less to an iron pin, thence along lands now or formerly of John L. Minter, of which this tract was formerly a part, South 63 degrees 50 minutes East 255.6 feet to an iron pin, the place of beginning. BEING PARCEL NUMBER: 42-28-2419-027 BEING KNOWN AS 330 Gettysburg Pike, Mechanicsburg, Pennsylvania 17055. BEING the same premises which ELIZABETH ANNE REINECKER AND GREGORY L. REINECKER, HER HUSBAND by deed dated November 15, 2000 and recorded November 20, 2000 in the office of the Recorder in and for Cumberland County in Deed Book 234, Page 305, granted and conveyed to Deanna Lynn Sawyer and William Richard Sawyer in fee. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-2464 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., Plaintiff (s) From DEANNA LYNN SAWYER and WILLIAM RICHARD SAWYER (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 $28,613.27 L.L.$.50 Interest from 6/9/10 to 12/8/10 at $4.70 - $855.40 Atty's Comm % Due Prothy $2.00 Atty Paid $236.50 Other Costs Plaintiff Paid Date: 6/15/10 David D. Buell, Pr thonotary (Seal) By: Deputy REQUESTING PARTY: Name: MARGARET GAIRO, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 34419 On September 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA, Known and numbered as, 330 Gettysburg Pike, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 22, 2010 By: r Real Estate Coordinator Die Patriot-News Co. 1 ""b20 Technology Pkwy Suite 30U Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE aNow 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: 10/15/10 10/22/10 10/29/10 Sworn to and sO6b Abed before me'thisAD do November, 2010 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA - )al 1 Notarial C4 Sherrie L Klsner, Notary Public Lower Paxton Twp., Dauphin County Li? MY Commisslon Dares Nov. 26, 2011 Member, Pennsylvania Association of Notaries 2010-2"4 Ck41 Tian V^ft !As ftWk, *A vs Deanna yla+n SarwW WOUnn1 NWw 8a+iryer Aft Novo I* $a a ALL THOSE TWO CERTAIN tracts of land together with improvements thereon erected, situate in the Townshp of Upper Allen, County of Cumbmiand, and Commommith of Pennsylvania, being more parficularly bounded and described as follows, to wit: TRACT NO.1- BEGINNING at a post at a corner of the lands herein described and lands now or formerly of Martin Bowman and other lands now or formerly of John L. Minter, thence by said other lands now or formerly of John L. Minter North 29 degrees 20 minutes East 81.4 feet to a point; thence by said lands now or formerly of John L. Minter South 63 degrees 50 minutes East 258.5 feet to a point on tine of lands now or formerly, of Paul Zimmerman, (said line being 12 feet northeast from the center of the northern abutment of a culvert passing under the Harrisburg-Gettsburg State Highway on the lands herein described) thence by said lands now or formerly of Paul Zimmerman South 55 degrees West 121 feet toa point in the Harrisburg-Gettysburg State Highway; thence in saidHighway South 32 degrees 30 minutes West 24.6 feet, more or less, to a point in said Highway at line of land now or formerly of Martin Bowman; theme by said lands now or formerly of Martin Bowman, North 51 degrees 25 minutes West 200.45 fioe4 to a stone; thence by the same North 11 degrees West 9.9 feet to a post, the place of beginning, This description is according to a survey of DX Raffensperger, Registered Surveyor, dated September 22,' 1950. HAVING thereon erected a two story frame and stone dwelling and single garage, known and municipality numbered as 330 Gettysburg Pike, Mechanicsburg, PA TOGETHER with the right and subject to the rights to use the private driveway extending along the eastern boundary fines of the above described property in common with the owners and occupiers of other lands abutting thereon for purposes on ingress, egress and regress to and from the lands hereby conveyed. THIS conveyance is subject to the right of John L. Minter, his heirs and assigns to maintain an overflow drain from the septic tank on his property adjoining the above described property on the east to the drain passing through the culvert under the Harrisburg. Gettysburg State Highway on the property hereby conveyed. TRACT NO.2 BEGINNING at an iron pin at the Northwest corner of other lands now or formerly of William H. Barnard, Jr, and Marian F. Barnard; thence along the line of said other lands now or formerly of Wilfiam IT. Barnard, Jr. and Marian F. Bannard, South 29 degrees 20 minutes West 81.4 feet to a post; thence along the line of lands now or formerly of Oliver Sipe North 84 degrees 32 minutes West 150 feet, more or less, to a post; thence along he of lands now or formerly of James Crumlich North 13 degrees 5 minutes West 173 feet, more or less to an iron pin, thence along lands now or formerly of John L. Minter, of which this tract was formerly a part, South 63 degrees. 50 minutes Fast 255.6 feet to an mi m pin, the place of beginning. BEING PARCEL NUMBER: 42-18-2419-027 BEING KNOWN AS 330 Gettysburg Pike, Mechanicsburg, Pennsylvania 17055 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: October 22, October 29, and November 5, 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. (LOa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 5 day of November. 2010 C : - - 0. 1 1! 2 J (/ ?2' ? 7'? Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH. CUMBERLAND COUNTY My Commission Expires Apr 28.2014 CUMBERLAND LAW JOURNAL Writ No. 2010-2464 Civil Wells Fargo Bank, NA vs Deanna Lynn Sawyer William Richard Sawyer Atty.: Margaret Gairo ALL THOSE TWO CERTAIN tracts of land, together with improve- ments thereon erected, situate in the Township of Upper Allen, County of Cumberland, and Commonwealth of Pennsylvania, being more par- ticularly bounded and described as follows, to wit: TRACT NO. 1 BEGINNING at a post at a corner of the lands herein described and lands now or formerly of Martin Bowman and other lands now or formerly of John L. Minter; thence by said other lands now or formerly of John L. Minter North 29 degrees 20 minutes East 81.4 feet to a point; thence by said lands now or formerly of John L. Minter South 63 degrees 50 minutes East 258.5 feet to a point on line of lands now or formerly of Paul Zimmerman, (said line being 12 feet northeast from the center of the northern abutment of a culvert pass- ing under the Harrisburg-Gettsburg State Highway on the lands herein described) thence by said lands now or formerly of Paul Zimmerman South 55 degrees West 121 feet to a point in the Harriaburg-Gettysburg State Highway; thence in said High- way South 32 degrees 30 minutes West 24.6 feet, more or leas, to a point in said Highway at line of land now or formerly of Martin Bowman; thence by said lands now or formerly of Martin Bowman, North 51 degrees 25 minutes West 200.45 feet to a stone; thence by the same North 11 degrees West 9.9 feet to a post, the place of beginning. This descrip- tion is according to a survey of D.P. Raffensperger, Registered Surveyor, dated September 22, 1950. HAVING thereon erected a two story frame and stone dwelling and single garage, known and municipali- ty numbered as 330 Gettysburg Pike, Mechanicsburg, PA. TOGETHER with the right and subject to the rights to use the private driveway extending along the eastern boundary lines of the above described property in com- mon with the owners and occupiers of other lands abutting thereon for purposes on ingress, egress and re- gress to and from the lands hereby conveyed. THIS conveyance is subject to the right of John L. Minter, his heirs and assigns to maintain an overflow drain from the septic tank on his property adjoining the above described prop- erty on the east to the drain passing through the culvert under the Har- risburg-Gettysburg State Highway on the property hereby conveyed. TRACT NO.2 BEGINNING at an iron pin at the Northwest corner of other lands now or formerly of William H. Bannard, Jr, and Marian F. Bannard; thence along the line of said other lands now or formerly of William H. Bannard, Jr. and Marian F. Ban- nard, South 29 degrees 20 minutes West 81.4 feet to a post; thence along the line of lands now or formerly of Oliver Sipe North 84 degrees 32 minutes West 150 feet, more or less, to a post; thence along line of lands now or formerly of James Crumlich North 13 degrees 5 minutes West 173 feet, more or less to an iron pin, thence along lands now or formerly of John L. Minter, of which this tract was formerly a part, South 63 degrees 50 minutes East 255.6 feet to an iron pin, the place of beginning. BEING PARCEL NUMBER: 42-28- 2419-027. BEING KNOWN AS 330 Gettys- burg Pike, Mechanicsburg, Pennsyl- vania 17055. 108 McCABE, WEISBERG AND CONWAY, P.C. BY: ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Wells Fargo Bank, N.A. Plaintiff V. Deanna Lynn Sawyer and William Richard Sawyer Defendants Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 10-2464 Civil Term C o ? CO e rn- z - ta -Orn r- = -n C; _ C:) -- ti °M ORDER TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please mark the judgment in this matter as satisfied upon payment of your costs only. DATE: March 31. 2011 4f jt?.C? 1.2 Andrew L. Markowitz, Esqui e Attorney for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Wells Fargo Bank, N.A. Plaintiff V. Deanna Lynn Sawyer and William Richard Sawyer Defendants Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 10-2464 Civil Term CERTIFICATE OF SERVICE I, Andrew L. Markowitz Esquire Attorney for Plaintiff, hereby certifies that a true and correct copy of Order to Satisfy Judgment, was served on the below person(s) by regular first class mail, postage prepaid, on the 31 st day of March, 2011. Deanna Lynn Sawyer 330 Gettysburg Pike Mechanicsburg, Pennsylvania 17055 William Richard Sawyer 228 E Locust Street Mechanicsburg, Pennsylvania 17055 Andrew L. Markowitz, Esquir Attorney for Plaintiff