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Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 247642 WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. MARYLOUISE C. DARHOWER A/K/A MARYLOUISE DARHOWER 120 EAST NORTH STREET CARLISLE, PA 17013-2430 Defendant F j! - M,, .gO '' .- ,O? - 0? J?f 24 Pty 3;1 t ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. to - 5 55/3 alvil-ierf% CUMBERLAND COUNTY (5?) *A61, 00 PJD ATTV File #: 247642 C7991JaO(lG R,;t ay7as6 We hereby certify the within to be a true and correct copy of the original filed of record NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 247642 Plaintiff is WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 The name(s) and last known address(es) of the Defendant(s) are: MARYLOUISE C. DARHOWER A/K/A MARYLOUISE DARHOWER 120 EAST NORTH STREET CARLISLE, PA 17013-2430 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 10/28/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1849, Page 3812. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/01/2010 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. Pile N: 247642 6. The following amounts are due on the mortgage: Principal Balance $30,020.60 Interest $626.58 04/01/2010 through 08/09/2010 (Per Diem $4.83) Attorney's Fees $650.00 Late Charges through 08/09/2010 $55.35 Property Inspections/Property Preservations $45.00 Costs of Suit and Title Search $55000 TOTAL $31,947.53 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 247642 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $31,947.53, together with interest from 08/09/2010 at the rate of $4.83 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. HALLINAN & SCHMIEG, LLP By; L1 Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? VShe al R. Shah-Jani, Esq., Id. No. 81760 e R. Davey, Esq., Id. No. 87077 n R. Tab as, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff Pile # 247642 LEGAL DESCRIPTION All THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Carlisle in the County of CUMBERLAND and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a drill hole at the southern right-of-way line of East North Street (60 foot right- of-way) at intersection with lands now or formerly of Craig Bessie, thence along lands now or formerly of Craig Bessie, South 13 degrees 0 minutes 0 seconds West, 90.00 feet to a point; thence along lands of Cumberland Fire Company, North 77 degrees 0 minutes 0 seconds West, 30.00 feet to a point; thence along lands now or formerly of Jean H. Boudmon, North 13 degrees 0 minutes 0 seconds East, 90..00 feet to a drill hole at the southern right-of-way line of East North Street; thence along said right-of-way line South 77 degrees 0 minutes 0 seconds East, 30.00 feet to a drill hole, the place of Beginning. TOGETHER with all the improvements thereon erected. UNDER AND SUBJECT, nevertheless, to Mortgage dated November 15, 1989 and recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania in Book 959, Page 13 to GMAC Mortgage Corporation of PA in the original amount of $54,500.00, and having a principal balance of $53,375.37. The Grantee, by the acceptance and recording of this Deed, hereby personally assumes and agrees to pay said present principal balance, together with said interest, costs or other charges as may accrue or come due thereon from time to time. PROPERTY ADDRESS: 120 EAST NORTH STREET, CARLISLE, PA 17013-2430 PARCEL # 02-21-0318-248 File 4: 247642 The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to DATE: File #: 247642 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq.. Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones. Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK :Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. Plaintiff Vs. MARYLOUISE C. DARHOWER A/K/A MARYLOUISE DARHOWER Defendant(s) rj S-1` .1, - N ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 10-5543 CIVILTERM : CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 247642 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan I-lallinan & Schmieg, LLP Attorney for Plaintiff a/ I By: - - ? Lawrence T. Phelan, Esq., Id. No. 32227 rancis S. Hallman, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jam, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Date: 9-9-10 PHS 4: 247642 VERIFICATION Xee Moua Vice President Loan Documentation , hereby states that he/she is of, Wells Fargo Bank, NA successor by merger to WELLS FARGO HOME MORTGAGE, INC., servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 8/26/10 File 4: 247642 Name: Xee Moua Title: Vice President Loan Documentation Servicer: WELLS FARGO HOME MORTGAGE, INC. Name: DARHOWER Phelan Hallman & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jam, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones. Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-5637000 WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. Plaintiff VS. MARYLOUISE C. DARHOWER A/K/A MARYLOUISE DARHOWER Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 10-5543 CIVILTERM CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Praeeipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: PHS #: 247642 MARYLOUISE C. DARHOWER A/K/A MARYLOUISE DARHOWER 120 EAST NORTH STREET CARLISLE, PA 17013-2430 Phelan Hallman & Schmieg, LLP Atto ey for Plaintiff By: ? Lawrence T. Phelan, Esq., Id. No. 32.227 rands S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 587,45 ? Sheetal R. Shah-Jam, Esq., Id. No. 81760 ? Jejune R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331. ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Date: 9-9-10 PHS #: 247642 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Rt.E~-~~--~ Ronny R Anderson w ~, sheriff t?~ TNT Pt ~~T G1tJTAAY ~ar~~~cp Gt ~urtr~F~,~~A Jody S Smith ~ _~ ~~,~ ~ ~ ~,~ ~ ~ ~ 7 Chief Deputy ~. ~' ;~'~ • ti ~. Richard W Stewart "` E~1M3~'i~~'~D CQUNTY Solicitor ~;~eE,~ T"~$xERIFF p~~v5~'lVAN1A Wells Fargo Bank, NA Case Number vs. 2010-5543 Marylouise C. Darhower SHERIFF'S RETURN OF SERVICE 08/27/2010 12:01 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on August 27, 2010 at 1201 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Marylouise C. Darhower, by making known unto herself personally, at 120 E. North Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. ~~ DENNIS RY, DEPU SHERIFF COST: $33.40 August 30, 2010 SO ANSWERS, «~ RON R ANDERSON, SHERIFF (ci CountySuite Sheriff, Teleosoft, Inc. ` 6 r.'1 `fl~~ 111 `~`Rdi ~..~"~~~ ~r:~ ~ -,~ ,,, ~: „- ~~9~ ~~~ i l 3 ~~~~ .~: ~~~, i cr`~j ~'a~.`9t Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff WELLS FARGO BANK, N.A., SB/M CUMBERLAND COUNTY WELLS FARGO HOME MORTGAGE, INC. COURT OF COMMON PLEAS vs. CIVIL DIVISION MARYLOUISE C. DARHOWER A/K1A No. 10-5543 CIVILTERM MARYLOUISE DARHOWER ~i ~.oo tad. R~ elE~ lalso~,~ ,~~1~ ~~ ~1.~ 247642 . ,. PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against MARYLOUISE C. DARHOWER A/K/A MARYLOUISE DARHOWER, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff s damages as follows: As set forth in Complaint $31,947.53 Interest - 08/10/2010 to 10/11/2010 3$ 04.29 TOTAL $32,251.82 I hereby certify that (1) the Defendant's last known address is 120 EAST NORTH STREET, CARLISLE, PA 17013-2430, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ,~ /1 ~ LJ Lawr c T. Phelan, sq., Id. No. 32227 ^ Fr is . Hallinan sq., Id. No. 62695 ^ Daniel Schmi ,Esq., Id. No. 62205 ^ Michele ford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^, Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATE DATE: ~~~+yy"" PHS # 247642 ~ PROTHONO ARY 247642 .~ WELLS FARGO BANK, N.A., S/B/N[ WELLS FARGO HOME MORTGAGE, INC. Plaintiff v. MARYLOUISE C. DARHOWER A/K/A MARYLOUISE DARHOWER COURT OF COMMON PLEAS CIVIL DIVISON NO. IO-5543 CIVILTERM CUMBERLAND COUNTY Defendant(s) TO: MARYLOUISE C. DARHOWER, AlK1A MARYLOUISE DARHOWER 120 EAST NORTH STREET CARLISLE, PA 17013-2430 DATE OF NOTICE: September 22, 2010 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FII~E IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IlvIPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH 1NFORMATION ABOUT HIRING A LAWYER. PHS # 247642 IF YOU CANNOT AFFORD TO HAZE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 ~ ~ CARLISLE, PA 17013 {717) 249-3166 ~/ La.wrence T. Phelan, Esq., id. ~7 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judi T. Romano, Esq., Id. No. 58745 Sh tal R. Shah-Jani, Esq., Id. No. 81760 nine R. Davey, Esq., Id. No. 87077 auren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 247642 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. vs. MARYLOUISE C. DARHOWER A/K/A MARYLOUISE DARHOWER Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-5543 CIVILTERM 247642 VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant MARYLOUISE C. DARHOWER A/K/A MARYLOUISE DARHOWER is over 18 years of age and resides at 120 EAST NORTH STREET, CARLISLE, PA 17013-2430. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: l0~ ~~ I p LJ Lawr c fi Phelan, sq., Id. No. 32227 ^ Fran s S Hallinan sq., Id. No. 62695 ^ D el G. c g, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff 247642 (Rule of Civil Procedure No. 236) -Revised WELLS FARGO BANK, N.A., SIB/M WELLS CUMBERLAND COUNTY FARGO HOME MORTGAGE, INC. COURT OF COMMON PLEAS vs. MARYLOUISE C. DARHOWER A/K/A CIVIL DIVISION MARYLOUISE DARHOWER 120 EAST NORTH STREET No. 10-5543 CIVILTERM CARLISLE, PA 17013-2430 • Notice is given that a Judgment in the above captioned matter has been entered against you on By: If you have any questions concerning this matter please contact: ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** 247642 A ` ` PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME COURT OF COMMON PLEAS MORTGAGE, INC. Plaintiff CIVIL DIVISION V. MARYLOUISE C. DARHOWER A/K/A MARYLOUISE DARHOWER Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 10/12/2010 to Date of Sale ($5.30 per diem) TOTAL 9.), o a 6,4 + t? 33 a� '1 ) 1 y, Q 041 P A, J_ a$ ,;?_,oo Dv-t- 0% 8 O ?We, L.'L. Note: Please attach description of property. PHS # 247642 CtE ' 16 ALW6a ?r«ss NO.: 10-5543 CIVILTERM CUMBERLAND COUNTY $32,251.82 m 752.60 co $33,004.42 °a Attorney fM- Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 [] Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? rAle' w C. B ramblett, Esq., Id. No. 208375 on F. Wells, Esq., Id. No. 309519 ?F U d a C:1 W O O A W GO7 O r O a o? d d c H o „p Q W Q M A x© H a d O a7 3 d 0 E+ L? ? a W r r- r'.. rJ+ r oVA Qxx Tz r c/y C7 „ E'" ? to T >? 6 Ca I AA rA V LEGAL DESCRIPTION All THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Carlisle in the County of CUMBERLAND and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a drill hole at the southern right-of-way line of East North Street (60 foot right- of-way) at intersection with lands now or formerly of Craig Bessie, thence along lands now or formerly of Craig Bessie, South 13 degrees 0 minutes 0 seconds West, 90.00 feet to a point; thence along lands of Cumberland Fire Company, North 77 degrees 0 minutes 0 seconds West, 30.00 feet to a point; thence along lands now or formerly of Jean H. Boudmon, North 13 degrees 0 minutes 0 seconds East, 90.00 feet to a drill hole at the southern right-of-way line of East North Street; thence along said right-of-way line South 77 degrees 0 minutes 0 seconds East, 30.00 feet to a drill hole, the place of Beginning. TOGETHER with all the improvements thereon erected. TITLE TO SAID PREMISES IS VESTED IN Marylouise Darhower, single person, by Deed from Lisa D. Kirkpatrick, nka, Lisa D. Simpson and Mark A. Simpson, dated 08/18/1993, recorded 08/20/1993 in Book M 36, Page 117. PREMISES BEING: 120 EAST NORTH STREET, CARLISLE, PA 17013-2430 PARCEL NO. 02-21-0318-248 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 `ry" r One Penn Center Plaza r I L ED -01 r)c Philadelphia, PA 19103 ' ?o' p 215-563-7000 i1 NO V 18 1; WELLS FARGO BANK, N.A., SB/M MORTGAGE, INC. r'ENNS" Plaintiff V. MARYLOUISE C. DARHOWER A/K/A MARYLOUISE DARHOWER Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 10-5543 CIVILTERM : CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. By: Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? An ew C. Bramblett, Esq., Id. No. 208375 LV'Aflison F. Wells, Esq., Id. No. 309519 WELLS FARGO BANK, N.A., SB/M WELLS FARGO HOME MORTGAGE, INC. Plaintiff V. COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-5543 CIVILTERM MARYLOUISE C. DARHOWER A/K/A MARYLOUISE DARHOWER CUMBERLAND COUNTY Defendant(s) PHS # 247642 AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the --I -n„arhi lnratari at »n FACT NORTH cTRFFT. CARLISLE PA 17013-2430. Name and address of Owner(s) or reputed Owner(s): Name MARYLOUISE C. DARHOWER A/K/A MARYLOUISE DARHOWER 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 120 EAST NORTH STREET ' CARLISLE, PA 17013-2430 "T7 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) BANK OF AMERICA, NA 100 NORTH TRYON STREET CHARLOTTE, NC 28255 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 120 EAST NORTH STREET CARLISLE, PA 17013-2430 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. November 15, 2010 By: f n:?f Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 GlAAtson F. Wells, Esq., Id. No. 309519 WELLS FARGO BANK, N.A., SB/M WELLS FARGO HOME COURT OF COMMON PLEAS MORTGAGE, INC. CIVIL DIVISION Plaintiff NO.: 10-5543 CIVILTERM VS. . MARYLOUISE C. DARHOWER A/K/A MARYLOUISE CUMBERLAND COUNTY DARHOWER Defendant(s) -'' NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MARYLOUISE C. DARHOWER A/K/A ` f . ; . MARYLOUISE DARHOWER 120 EAST NORTH STREET CARLISLE, PA 17013-2430 _ * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 120 EAST NORTH STREET, CARLISLE, PA 17013-2430 is scheduled to be sold at the Sheriff's Sale on 03/02/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $32,251.82 obtained by WELLS FARGO BANK, N.A., SB/M WELLS FARGO HOME MORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION All THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Carlisle in the County of CUMBERLAND and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a drill hole at the southern right-of-way line of East North Street (60 foot right- of-way) at intersection with lands now or formerly of Craig Bessie, thence along lands now or formerly of Craig Bessie, South 13 degrees 0 minutes 0 seconds West, 90.00 feet to a point; thence along lands of Cumberland Fire Company, North 77 degrees 0 minutes 0 seconds West, 30.00 feet to a point; thence along lands now or formerly of Jean H. Boudmon, North 13 degrees 0 minutes 0 seconds East, 90.00 feet to a drill hole at the southern right-of-way line of East North Street; thence along said right-of-way line South 77 degrees 0 minutes 0 seconds East, 30.00 feet to a drill hole, the place of Beginning. TOGETHER with all the improvements thereon erected. TITLE TO SAID PREMISES IS VESTED IN Marylouise Darhower, single person, by Deed from Lisa D. Kirkpatrick, nka, Lisa D. Simpson and Mark A. Simpson, dated 08/18/1993, recorded 08/20/1993 in Book M 36, Page 117. PREMISES BEING: 120 EAST NORTH STREET, CARLISLE, PA 17013-2430 PARCEL NO. 02-21-0318-248 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A., SB/M WELLS FARGO HOME MORTGAGE, INC. Plaintiff V. MARYLOUISE C. DARHOWER A/K/A MARYLOUISE DARHOWER Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 10-5543 CIVILTERM : CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. By: Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? An ew C. Bramblett, Esq., Id. No. 208375 ison F. Wells, Esq., Id. No. 309519 Ivor WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-5543 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. Plaintiff (s) From MARYLOUISE C. DARHOWER A/K/A MARYLOUISE DARHOWER (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$32,251.82 L.L.$.50 Interest FROM 10/12/2010 TO DATE OF SALE ($5.30 PER DIEM) - $752.60 Atty's Comm % Atty Paid $165.90 Plaintiff Paid Due Prothy $2.00 Other Costs Date: November 18, 2010 (Seal) REQUESTING PARTY: David D Buell, Protho otary By: Deputy Name Allison F. Wells, Esquire Address: Phelan Hallinan & Schmieg, LLP, 1617 HK Boulevard, Suite 1400, One Penn Center Plaza, Philadelphia, PA 19103 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 309519 .? oa----? AFFIDAVIT OF SERVICE (FHLMC) CUMBERLAND COUNTY PLAINTIFF WELLS FARGO BANK, N.A., SB/M WELLS FARGO HOME pHS # 247642 MORTGAGE, INC. DEFENDANT SERVICE TEAM/ laic MARYLOUISE C. DARHOWER A/K/A MARYLOUISE COURT NO.: 10-5543 CIVILTERM DARHOWER SERVE MARYLOUISE C. DARHOWER A/K/A MARYLOUISE TYPE OF ACTION DARHOWER AT: XX Notice of Sheriffs Sale SALE DATE: 03/02/2011 120 EAST NORTH STREET CARLISLE, PA 17013-2430 SERVED Served and made known to MARYLOUISE C. DARHOWER , Defendant on the day of DEc449 20 10, at lS? £ PA, in the manner described below: -7 ' 1'7 , o'clock P. M., at ? 26 g Nd RTH 'ST., ?f .? = -? -0 2 rl?j ? o C) -1 . _.t v/ Defendant personally served. y Adult family member with whom Defendant(s) reside(s). "" r=- ? - Relationship is nt's residence who refused to give name or relationship. d f f D cd31 N3 ?:aiTl en a e _ Adult in charge o Manager/Clerk of place of lodging in which Defendant(s) reside(s). Q - - Agent or person in charge of Defendant's office or usual place of business. ' ;> s company. an officer of said Defendant y C: %.0 CD rn _ Other: _ - Other Description: Age _5? Height I "Weight 130 Race w Sex I, PpNA: A Mb LL- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed KIMBERLY CURTY before me this rQ day NOTARY PUBLIC of 2010. STATF CtF NPW JERSEY Notary: MY COMMISSION EXPIRES MARCH 7, 2013 NOTSERVED On the , 20-, at _ o'clock M., Defendant NOT FOUND because: _ Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at at Service Refused Other: Sworn to and subscribed before me this day of 2? By: Notary: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan„ Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, rssq, Id. Na 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jcnine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mukaby, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq, Id. Na 90134 Cbrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. Na 309519 One Penn Center as Suburban Station 1617 John F. Kennedy Bbd, Suite 1400 Philadelphia, PA 19103.1814 (215) 563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A., S/B/M WELLS CUMBERLAND COUNTY FARGO HOME MORTGAGE, INC. Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION ?y MARYLOUISE C. DARHOWER A/K/A No.: 10-5543 CIVILTE`: = - MARYLOUISE DARHOWER f w ,. Defendant(s) j AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders- ` and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached bam4V xhibit "A". Date: 1 U ence I-ArW, Esq., Id. No. 3222 ncis S. Hallinan, Esq., Id. No. 6269 ? Daniel G. Schmieg, Esq., Id. No. 6 5 ? Michele M. Bradford, Esq., Id. .698419 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? An w C. Bramblett, Esq., Id. No. 208375 lison F. Wells, Esq., Id. No. 309519 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 247642 w O 0 L 6 L 3(303 d!2 woad O37Ik11N ; OLOZ BLAAON 9SZLLZoooo Ozrl-z0 $ M z o +S3MOH e3nuw e 'MMMIM .0 1 Nslad dy IM Q W N a Iz- a o h o A; ci ...ag C R O Hof ?, Q 8 4 atc?jE",? a°i q y o° ???e o Q v .;gyp V ? CIS 73 10. .10 ;z 0 U 5 o aoi ?U.a+a.i?U ?qr?.,?`"' d' q >"' Q o mod"' z .?cQzaa ?x? ? a`o ? a 6, ;gv,a Hw D'a F-4 ac a °' 0 a .C t '"- °? Q ee A? a o W a o f7i H O E 02 ?O °-a o ?z 4? a?A?3 yip .29 A. CD 00 A f y b ? y ice. N 'G W rl a 3 0 a 0 a a 3 A U O n v 0 0 4 w 0 EN FiL.FO-OFFICE iP PROTHONOTAR Phelan Hallinan & Schmieg, UP By: Lauren Tabas, Esquire Identification No. 93337 One Penn Center Plaza, Suite 1400 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 (215) 563-7000 Wells Fargo Bank, N.A., s/b/m Wells Fargo Home Mortgage, Inc. Plaintiff Vs. MaryLouise C. Darhower Defendant 2911 WIG -5 AM 10: 05 CUMBERLAND COUNTY PENNSYLVANIA Attorney for Plaintiff : Court Of Common Pleas Civil Division : Cumberland County, Pennsylvania 10-5543 EXCEPTIONS TO SHERIFF'S SALE DISTRIBUTION PURSUANT TO PA.R.C.P. RULE 3136(d) And now comes Plaintiff, Wells Fargo Bank, N.A., s/b/m Wells Fargo Home Mortgage, Inc., by and through its counsel, Phelan Hallinan & Schmieg, LLP, and prays that this Honorable Court grant Plaintiff's Exceptions to Sheriff s Sale Distribution for the following reasons: The Plaintiff is Wells Fargo Bank, N.A., s/b/m Wells Fargo Home Mortgage, Inc., the holder of that certain Mortgage dated October 28, 2003 and recorded December 30, 2003 at Mortgage Book 1849, Page 3812 in the Cumberland County Recorder's Office (hereinafter "Mortgage"). A copy of the Mortgage, redacted to remove confidential information, is attached hereto, made part hereof, and marked as Exhibit "A." 2. The underlying loan became delinquent and Plaintiff initiated foreclosure proceedings in execution on the Mortgage on August 24, 2010 due to Defendant's failure to tender the monthly mortgage payments due for May 1, 2010 and each month thereafter. Attached hereto, made a part hereof, and marked as Exhibit "B" is a true and correct copy of the Complaint in Mortgage Foreclosure. 3. Plaintiff obtained a Default Judgment on October 13, 2010, in the amount of $32,251.82. Attached hereto, made a part hereof, and marked as Exhibit "C" is a true and correct copy of the Praecipe for Default Judgment. 4. The Property was thereafter scheduled for the March 2, 2011 Cumberland County Sheriff's Sale but was postponed to May 4, 2011 while the parties discussed a resolution. 5. The May 4, 2011 Sheriffs Sale was postponed to July 6, 2011 while Plaintiff and Defendant explored the possibility of a short sale. 6. On July 6, 2011, the premises located at 120 East North Street, Carlisle, PA 17013 (hereinafter "Property"), was sold at the Cumberland County Sheriff s Sale pursuant to the Writ of Execution to a third-party bidder for the amount of $45,500.00. 7. On or about July 27, 2011, in accordance with Pa.R.C.P. 3136(d), the Sheriff provided Plaintiff with a copy of its Schedule of Distribution, which distribution listed the Plaintiff as receiving $33,170.32 along with the $1,500.00 Deposit Refund. Attached hereto, made a part hereof and marked as Exhibit "D" is a true and correct copy of the Sheriffs Schedule of Distribution. 8. Since the filing of the Complaint, Plaintiff has expended additional sums, including taxes, property maintenance fees, and insurance premiums, relative to the Property to protect its collateral. All of these amounts are recoverable under the terms of the mortgage. See Exhibit A. 9. Plaintiff s expenditures have inured to the benefit of all parties. 10. The total debt owed to Plaintiff at the time of sale was $35,635.31 plus a refund of the Sheriff s Deposit. 11. Plaintiff requests this Honorable Court enter an Order directing the Sheriff to pay Plaintiff the balance due as follows: Principal: $30,020.60 Interest: $ 2,228.86 Late Charges $ 55.35 Inspections $ 170.00 Corporate Advance $ 2,990.50 Balance due: $35,635.31 12. According to Extraco Mortgage v. Williams, 2002 Pa. Super. 246, 805 A.2d 543 (2002), amounts expended by Plaintiff to protect its collateral since the time of default judgment are recoverable and relate back to the date of the Mortgage for priority. 13. Plaintiff is requesting that the Schedule of Distribution be amended to reflect payment to Plaintiff in the amount of $35,635.31. 14. Pursuant to Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of the instant motion to Defendant and other interested parties on August 4, 2011. Due to the time constraints imposed by Pa.R.C.P. 3136(d), Plaintiff was unable to refrain from filing the instant petition. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order amending the Schedule of Distribution to the executing Plaintiff in the amount of $35,635.31, and directing the Sheriff to pay the Plaintiff the balance due of $35,635.31 along with the Sheriff s Deposit Refund of $1,500.00. Date. ILL- y: submitted, HALLINAN AND SCHMIEG, LLP Y,a&en Tabas, Esquire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP By: Lauren Tabas, Esquire Identification No. 93337 One Penn Center Plaza, Suite 1400 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 (215) 563-7000 Wells Fargo Bank, N.A., s/b/m Wells Fargo Home Mortgage, Inc. Plaintiff Vs. MaryLouise C. Darhower Defendant Attorney for Plaintiff Court Of Common Pleas : Civil Division : Cumberland County, Pennsylvania 10-5543 CERTIFICATE OF SERVICE I, Lauren Tabas, Esquire, hereby certify that true and correct copies of the Plaintiff's Exceptions to Sheriff s Sale Distribution Pursuant to Pa.R.C.P. Rule 3136(d), Brief in Support, attached Exhibits, and this Certificate, were served upon the following by regular mail on the date indicated below: MaryLouise C. Darhower Office of the Sheriff 120 East North Street Cumberland County Courthouse Carlisle, PA 17013 One Courthouse Square Carlisle, PA 17013 Bank of America, NA Internal Revenue Service Advisory 100 North Tryon Street 1000 Liberty Avenue, Room 704 Charlotte, NC 28255 Pittsburgh, PA 15222 U.S. Department of Justice U.S. Attorney for the Middle District of PA Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 Dated: By; ly submitted, _HALLINAN & SCHMIEG, LLP Latiiren Tabas, Esquire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP By: Lauren Tabas, Esquire Identification No. 93337 One Penn Center Plaza, Suite 1400 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 (215) 563-7000 Wells Fargo Bank, N.A., s/b/m Wells Fargo Home Mortgage, Inc. Plaintiff Vs. MaryLouise C. Darhower Defendant Attorney for Plaintiff : Court Of Common Pleas : Civil Division : Cumberland County, Pennsylvania : 10-5543 BRIEF IN SUPPORT OF PLAINTIFF'S EXCEPTIONS TO DISTRIBUTION 1. FACTUAL BACKGROUND The Plaintiff is Wells Fargo Bank, N.A., s/b/m Wells Fargo Home Mortgage, Inc., the holder of that certain Mortgage dated October 28, 2003 and recorded December 30, 2003 at Mortgage Book 1849, Page 3812 in the Cumberland County Recorder's Office (hereinafter "Mortgage"). The underlying loan became delinquent and Plaintiff initiated foreclosure proceedings in execution on the Mortgage on August 24, 2010 due to Defendant's failure to tender the monthly mortgage payments due for May 1, 2010 and each month thereafter. Plaintiff obtained a Default Judgment on October 13, 2010, in the amount of $32,251.82. The Property was thereafter scheduled for the March 2, 2011 Cumberland County Sheriff's Sale but was postponed to May 4, 2011 while the parties discussed a possible resolution. The May 4, 2011 Sheriff's Sale was postponed to July 6, 2011 while Plaintiff and Defendant explored the possibility of a short sale. On July 6, 2011, the premises located at 120 East North Street, Carlisle, PA 17013 (hereinafter "Property"), was sold at the Cumberland County Sheriffs Sale pursuant to the Writ of Execution to a third-party bidder for the amount of $45,500.00. On or about July 27, 2010, in accordance with Pa.R.C.P. 3136(d), the Sheriff provided Plaintiff with a copy of its Schedule of Distribution, which distribution listed the Plaintiff as receiving $33,170.32 along with the $1,500.00 Deposit Refund. Since the filing of the Complaint, Plaintiff has expended additional sums, including taxes, property maintenance fees, and insurance premiums, relative to the Property to protect its collateral. Plaintiff s expenditures have inured to the benefit of all parties. The total debt owed to Plaintiff at the time of Sheriff's Sale was $35,635.31, plus a refund of its deposit. Plaintiff is requesting. that the Schedule of Distribution be amended to reflect payment to Plaintiff in the amount of $3.5,635.31. II. LEGAL AUTHORITY Pennsylvania Rule of Civil Procedure 3136(d) allows a party to file Exceptions to the Sheriff s proposed Schedule of Distribution within ten days of the date of posting of the proposed schedule. In the instant case, Plaintiff has filed timely exceptions. The Superior Court of Pennsylvania held in the case of Extraco Mortgage v. Williams, 2002 Pa. Super. 246, 805 A.2d 543 (Pa. Super. 2002), that payments for taxes and insurance, and through implication, other costs collectable under the Note and Mortgage, made by a senior lienholder following the entry of default judgment on its Mortgage relate back to the date of mortgage for the priority. In the instant matter, Plaintiff has expended additional sums, including taxes, property maintenance fees, and insurance premiums, relative to the mortgaged property to protect its collateral. In accordance with the holding in Extraco Mortgage, these amounts are recoverable upon the distribution of sale proceeds and take priority over any amounts owed to junior lienholders as the expenditures have inured to the benefit of all parties. Additionally, this Court has plenary power to administer equity according to well settled principles of equity jurisprudence cases under its jurisdiction. Cheval v. City of Philadelphia, 116 Pa. Super. 101, 176 A. 779 (Pa. Super. 1935). Moreover, it is well settled that Courts will lean to a liberal exercise of the equity power conferred upon them without encouraging technical niceties in the modes of procedure and forms of pleading. Gunnett v. Trout, 380 Pa. 504, 112 A.2d 333 (Pa. 1955). Plaintiff submits that this Court should exercise its equity and discretion to allow the instant motion to be heard as it was promptly filed in anticipation of the distribution of proceeds of sale in this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order amending the Schedule of Distribution to the executing Plaintiff in the amount of $35,635.31, and directing the Sheriff to pay the Plaintiff the balance due of $35,635.31 along with the Sheriff's Deposit Refund of $1,500.00. submitted, AN HALLINAN AND_SCHMIEG, LLP Date:A LA By: auren Tabas, Esquire Attorney for Plaintiff ?944? Prepared By: WELLS FARGO ROJO MORTGAGE, INC. L Rr P. ZIEGLER ;(..(Lift OF DEEDS :;'_"D COUNTY-F,'. 't"Ordfny raquestad by. LS1; When repprogd raWm Un- 255G N. RscOrdtng So(ntfons NNE Santa Retlhlll Ave. 2701 WELLS FAV= WAY„ MI NN 554080000 APOLiB, Anal G. 92705 Parcel Number; 800-756-3524 ext. 3011 _ l O Z?yt -- 031?2?? ISVSM Avove 7Ws Ltne For Rwm tng Dataj MORTGAGE DEFINITIONS Words used in multiple suctions of this d Sec W r 3, 11, 13, I8, 20 and 21. Curtain rules t are defined below ww other words are defmod in also provided in Section 16. regarding the usage of words used in this anent are (A) »S?curit, Instrument" means this document, which is dated to this document. ** v) together with all Riders "This instrument is executed as of the date indicated on the aefatowlr W I ?3 the Note. gment attached hereto and secures (B) "Borrower" is MARYLOmSB C DARROWER, A SINGL$ PERSON Borrower's the mortgagor under this Security Instrumet. (C) "Leader" is WELLS FARGO ROIL MORTGAGE, INC. Lander is • CORPORATION PENNSYLVANIA - Single FamilY - FPM IW"*r* w Man UNIFORM INSTRUMENT (Om-61PA) moo:?:? Ppsloria VMP MORTGAGE FORMS _ (90016214291 DU I YA 84 9PG3812 I-- 3M 1101 nR/i ionin 1n :9R*IF; AM rl IMRFRI ANTI nol INTY Inst.# 200309449 - Pace 1 of 17 organized and existing under the laws of Tim STAT3 OF CALIFORNIA Lender's address is F. o. BOX 10304, Dgg MOXIMS, IA 503060304 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and datedNOVMMXR 30, 2003 The Note states that Borrower owes Leader FORTY 1pOtTA T80IISADm EIGti'pY ' lIVR AND 00/100 (U. S. $ * * * * r 44 , 0 8 5.00 )plus interest. Borrower has Promised to Dollars Payments and to pay the debt in full not later than aEC=MZjt 01, 2018 this debt in regular Periodic (E) "P"OKY" means the property that is described below under the heading 'Transfer of Rights in the Property," (F) "Loan" means the debt evidenced by the Note, plus interest 8r1 due under the Note, and all sumo due Y Prepayment charges and late charges this Secunty;nstrvuuerit' Plus ituei+est. (G) "Riders" means all Riders to this umdcF Riders are to be executed b Borrower Shanty ? that are executed by Borrower. The following y [check box as applicable]: Adjustable Rate Rider condominium Rider Balloon Rider Planned Unit Develop Second Home Rider E9 VA Rider Biweekly nren[ Rider 1-4 Fanuly Rider Y Payment Rider Other(s) [specify) (H) "Applicable Law" means all controlling applicable federal, state and local starmes, 0 ordinances and administrative rules and orders (that have the effect of law) as well as applicable regulati s non-appealable judicial opinions. all (A "Community Association Dues, Foes, and ?? charges that are imposed on Borrower or the Property ? means all dues, fees, assessa?ts and other association or similar organization.by a condominium association, homeowners (J) 'TJertronic FF Mds Transfer" meatus any transfer of funds, check, draft, or similar paper instrument, which is initiated ugother by h than a transaction originated telephonic iinstrument; computer, or ugh an electronic terminal. n credit an magnetic tape so as to order, instruct, or authorize a to debit account. Such term includes but is not limited to, point-of-sale ?ton to debit transfers machine transactions, transfers initiated by telephone, wire transfers, and ' ??? teller transfers. automated clearinghouse (K) "Escrow Items" mans those items that are described in Section 3. (L) "MbMHaneotrs Proceeds" means any en atton, settlement, award by any third party (other than ftm ante proceeds paid under the coverages of damages, or proceeds paid damage to, or destruction of, the Property; (ii) co then taking of ration S) for. he Property;' (iii) conveyance in lieu of co condemnation or orbs taking of al! or any part of the value and/or condition of the Property, ndemnadon; or (iv) misrepresentations of, or omissions as to, the „ Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, 'the loan. (N) "iPetWk Payment" means the regularly scheduled amount due for t Note, plus (ii) any amounts under Section 3 of this Security instru () principal and interest under the nma, kB(PA) IOOOeI Pap 2 0+ 16 Fan 3039 1101 I 849PG3813 nAmonin in-in-IS AM CUMBERLAND COUNTY Inst.#200369449-Page 2of 17 (O) "RRRS?SPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implenma'tg regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to an requirements and restrictions that are imposed in to .a "federally related mortgage loan" even if the Loan does not qualify as a -federally related mortgage loan' under RESPA. not "Successor in bderest Of Borrower" means any pay that has taken title to the Property, whether or party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repaynm of the Loatt, and an renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Leader the following described property rotated in the C01WTY of L'II?itil? 1?'Pe of Ra:ordlgg Jurisdiction] See &xhibit A attached hereto (Name of Recording Jurisdicdonl; which currently has the address of 120 E NORTH BT CARLISLE ("Property Address-): [mi] [Ciyl, Pennsylvania 17013 [zipCO&l TOGETHER WITH all the improvements now or hereafter erected on the property, and all easefnents, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions dwi also be covered by this Security Instrument. All of the f o' mg is referred to in this Security Instrument as the "Property. oreg 4 ,4WPAl recce) Ppe 3 of 18 Form 3039 1/ol YORK 1849PG3814 nAm immn in-AA-tF AM CUMBERLAND COUNTY Intl 200369449 - Page 3 of 17 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 encumbrances of record. Borrower warrants and will defend generally title to the "t for claims and demands, subject to any encumbrances of record. Property against all THIS SECURITY INSTRUMENT combines uniform covenants for national use and covenants with limited variations by jurisdiction to constitute a uniform securi nonuniform property. t3' instrument covering real U 1. Payment NIFORM COVENANTS. Borrower and Lender covenant and albs as follows: Borrower shat! of PdWpal, Interest, Escrow Items, Prgmyment C Pay when due the principal of, and interest on, the debt evidenced ? a? ate Charges. Prepayment charges and late charges dux tinder the Note. Borrower shall also pay fundby the Note s for Escrowltenany n Pursuant to Section 3. Payments due under the Note and this Security Instrument shall be trade in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this SemdrY Instrnnent is returned to Lender unpaid, bender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified chock, bank check, treasurer's check or cashiers check, Provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such otter location as may be designated by Lewder in accordance with the notice provisions in Section 15. Leader may return any payment or partial Payment if the payment or partial Payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial Payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, them Lender need not interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes pay the Loan current. If Borrower does not do so within a reasonable payment to bring such fiends or return them to Borrower. If not applied earlier, such f period of dmc? unds will be applied to the m ?g principal balance under the Note immediately prior to foreclosure. No offset or claim 'which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due order the Note and this Security Instrument or perforating the covenants and agreements smned by this Security Instrument. 2. A,PPH"tiom Of Payments Or Proceeds. ,Except as Otherwise described en under the ? and applied by Lender shall be applied in the following order of priority: )nnnee2. all rest Note; (b) principal due under the Now, (c) amounts dux under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument. and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a sufficient amount to pay any lace delinquent Periodic Payment which includes a If more than one charge due, the payment may be applied to the delinquent payment and the late t amo . Periodic from Borrower to the Payment is outstanding, Larder may apply an repayment of the Periodic any payrtme received Payments if, and to the extent that, each payment can be t0m-e(PA) moo l Paw of 1 B Fwm 3039 lion BKI849PG3815 _.._............ _ ?... ?_ .. _?...._?. na/41MAin in-iR•1R and C11MRERIANO COUNTY Instl 200369449 - Page 4 of 17 paid in full. To the extent that any excess exists after the payments applied to the full more Periodic PaYments, such excess may be applied to any late payay of one or be applied first to any prepayment charges and then as desert ?eN' Voluntary PrepaYts shall Any application of aa ? in the Note. We Note shall not extend its' insurance Pads,. or Miscellaneous Proceeds to principal due under postpone the due date, or change the 3. Funds for Escrow Items. Borrower shall amount, of the Periodic payments. pay under the Note, until the Note is paid in full, a sum (the "Funds') Lender ) the day Periodic Payments are due for: (a) taxes and Assessments to provide for payment of amounts due lien (a encumbrance axes and and other items which can attain priority over this Security Instrument as a Or On the Property; (b) leasehold payments or ground rem on the premiums for any and all insurance required by Leader may, if any: (c) premiums, if any, or an sums Y under Saxton 5, and (d) Mortgage Insurance; Y payable by Borrower to Lender in lieu of the payment of Mortgage btsurance premiums in ere COWance with the provisions of Section 10. These items anti called 'Escrow Items." At origination or at any time during the term of the Loan, Lender may Association Dues. Fees, and Assessments, if Y require that s, fees and assessments shall be an any, be escrowed by Borrower, and such dues, fees and Escrow Item. Borrower shall promptly furnish to Leader all notices of amounts to be paid under this Section. Borrower shall pay Lander the Funds for Escrow Items unless lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Leader may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and when payable, the amounts due for any Escrow Items for which paynx= of Funds has been waived by bender and, if shall fimUsh to Lender receipts evidencing such Lender requites, Borrower's obligation to make such payment within such clue period as Lender may require. B a covenant mad payments and to provide receipts shall for all purposes be deemed to agreement contained in this Security Instrument, as the phrase "covenant and agreement' is used in Section 9. If Borrower is obligated to pay Escrow Items directly. pursuant to a waiver, and fails to pay the and Borrower such amount and amount due for an Escrow Ilan, Lender may exercise its rights under, Section 9 PAY Borrower shall then be obligated under Section 9 to repay to Larder any such amount. Lender may revoke the waiver as to any or all Escrow Item at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Leader to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a leader can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held m an institution whose instrumentality, or entity (incl deposits are imttrod by a federal agency, any Federal Horne Loan Bank, din Leader, if Leader is an institution whose deposits are so insured) or in specified steer a RESPA. Loan Leander shall not apply the Funds to pay the Escrow Items no later than the time analY?1 the escrow charge Borrower for holding and applying the Funds, annually g account, or verifying the Escrow Items, carless Leader pays Borrower interest on the or ndA a cab applicable Law permits Leader to make such a charge. Unless an agreemcat is made m writing Appli requires interest to be paid on the Funds. Leads shall not be required to pay Borrower any interest or earnings on the Funds. Borrowed and Lender can agree in writing, however, that interest ®m'8(PA1 pool) idgaa pops of 18 rw.m 3039 1101 -K1849PG3816. nrui ionin in :7fi"1fi AM CUMBERLAND COUNTY Inst.# 200369449 - Page 5 of 17 shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, ?e the amount RES necessary Lender shall notify Borrower as required by RESPA, and Borrower shad pay to mane up the shortage in accordance with RESPA, but in no more than 12 Y Payments. If there is a deficiency of Funds held in escrow, as defined wider RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly pays. Upon Payment in full of all sums secured by this Security Instnunent, Lender shalt promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all tastes. assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrtmrent, leasehold payments or ground rents on the Property, if any, and Cotnntuaity Association Dues Fees and A the extent that these items are Escrow Item, Borrower shall ssomments, if any. To Borrower shall promptly divhuge any lien which hasapn? oin th ver the manner provided I st in Section s Borrower: (a) agrees in writing to the payment of the obligation Security [ unless to Lender. but only so long as Borrower is secured by the lien in a manner acceptable by, or defends against enforcement of the lien in. legal performing such fit' (b) cone the lien in good faith prevent the enforcement of the lien while those pegs which in Lender's opinion operate to are concluded, or (c) securers from the holds of the lr ngs are pending, but only until such proceedings the liar to this or (c) Ina agreement satisfactory to Lender subordinating Security trument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security I wument, Lender may give Borrower a notice identifying the lion. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lenin may requite Borrower to pay a one-time charge for a teal estate tax verification and/or reporting service used by Lender in connection with this Loan. S. Prbpaly Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property inswed against loss by fire, hazards included within the term "extended coverage." and any other hazards including, but not limited to, earthquakes and floods, for which Lander insurance This insurance shall be maiatainod in the amounts (including deductible levels) and for am . Lender requires. What Lender requires pursuant to the Periods that the Loan. The insurance pteceding sentences can charge during the term of carrier providing de insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised wrreasomNy. Lander may require Borrower to pay, in connexion with this Loan, either: (a) a one-time charge for flood zone germination, certification and tracking services; or (b) a one-time charge for flood zone determination certification services and subsequent charges each time renueppings or similar changes occur which reasonably might affect such determination or certifu'adon. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. 4ft6(PA) woosi xvW? Pqs e a i a Fvelrr 3039 1101 OK 1849PG38 17 ^oN 1 Hn.n 1A-4it• 1P. AKA 0IMRFRI ANn rnt INTY Inst.# 200369449 - Page 6 of 17 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase an particular type or amount of coverage. Therefore. such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the hazard or liability and might provide greater or lesser coverage than was Property, ' i4gct. any risk, iously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting Payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Leader as mortgagee and/or as an additions! loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard morn shall name Lender as mortgagee and/or as an additional loss gage clause and In the event of loss, Borrower shall give payee. Prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Larder and Borrower otherwise agree in writing, any insurance proceeds, whether or not the be applied to restoration or repair of the Property, 1°'dndY?g insurance was required by Lender, shall Lender's security is not lessened. During such , if the restoration or repair is economically feasible and hold such insurance g such repair and restoration mod, Lender shall have the right to proceeds until Lender has had an opportunity to inspect such property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Insurance Proceeds shall be applied to the suuns secured by this Security Ins tument, whether or not then due, with the excess, if any, paid to Borrower. Such instumoc proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim. that Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lander (a) Borrower's rights to any hLum e proceeds in an amour not to exceed the aoxn is unpaid under the Note or this Security Instnu arit, and (b) any outer of Borrower's rights (other than the right to any refund of unearned Borrower) under all insurance policies covering the Pn?u paid he coverage of the Property, insofar as such rights are applicable to the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. G"PA) mmi Pepe 7 of 36 . r-onn 3039 tom BKI849PG3818 nAm i on+n in- u•iF amp rUMBERI.AND COUNTY Inst.fl20036W9 - Page 7 of 17 6. Occupancy. Borrower shall occupy, establish, and use the property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and protection of the Property, Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. whether or not Borrower is residing in the Property, Borrower shall maintain the property in order to prevent the property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are trot sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the such repair or restoration. completion of Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. g. Borrower's Loan Application. Borrower shall be in default if, process, Borrower or an denting the Loan application any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or tailed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Leader's Interest in the Property and Ruts Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property this Security Instrument (such as a proceeding in and/or rights under enforcement of a lien which may bankruptcy, probate, for condemnation or forfeiture, for Y eosin priority over this Security Imtrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security It, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying a" suins secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument. including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from Pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9. Lender does not have to do so and is not under any duty or obligation to do so. It is agreed drat Lender incurs no liability for not taking any or all actions authorized under this Section 9. QL4XPAl mosr rape s or t a Form 3038 1101 BK 1849PUG3819 nw1tmmn 1n:.*A*IA nun CUMBERLAND COUNTY inst.#200369449- Page 8 of 17 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless lender agrees to the merger in writing. 10. Mortgage Insurance. If leader required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Larder ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If 'substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any nearest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requites separately designated payments toward the premiurs for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance. Borrower shall pay the premium required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Leader providing for such termination or until termination is required by Applicable Law.. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce dosses. 't'hese agreements are on tears and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurarxx premiums), As a result of these agreements, Lender, any purchaser of the Note, another insurer, any minsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed 'captive minsauance." Further: (a) Any such agreements will not aged the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements wlll not hICrem the amount Borrower will owe for Mortgage Insurance, and they wil sot entitle Borrower to any rd m& (OV(PA) 100081 Pp 9 of 16 • r-ann 303e pro, BK ! 849PG3820 (WI l f11n 10.36.16 AM CtlMBF.RLAND COUNTY Intl 200369449 - Page 9 of 17 (b) Any such agreements will not aged the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain db dosmres, to request and obtain canceWdon of the Mortgage lnsurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such canediadon or termination. 11. Assignment of Ifflacelianeous proceeds; Forteitum. All Miscellaneous Proceeds are hereby assigned to aid shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened, During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Leader may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreerrm is trade in writing or Applicable-Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the somas secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Properly immediately before the partial taking, destruction, or loss in value is equal to or greater dies the amount of the stuns secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Leader otherwise agree in writing. the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction. or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrows. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the suns segued by this Security lastntment whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to stake an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender a authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security instrument, whether or not than due. "Opposing Party" means the third parry that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, wbether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Properly or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be rww• C"PA) mm) Pago 10 of is Form 3039 trot BK 1849Pv382 I note-innin +n•49•4a AAA r:11MRFR1 ANn rot jNTY Inst# 200369449 - Page 10 of 17 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. 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 Security Instrument granted by Leader to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to contmcace proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's aooepamoe of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exezcise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a *co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any otter Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrummit or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Leader, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Leader agrees to such release in writing. The covenants and agreements of this Security lastr mmeat shall bind (except as provided in Section 20) and benefit the successors and assigns of Leader. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Leader's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees, In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Leader may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provide] for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in correction with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to <ftB(PA) woos) ?rnws• Pogo 11 of Is Faro 3038 1/01 6KI849PG3822 OR/110010 10:MIR AM C1IMAt?.RIAND COUNTY Inst.# 200369449 - Pape 11 of 17 have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sett by other mesas. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lander specifies a procedure for reporting Borrower's change of address, that Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address tinder this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by trailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Bom wee. Any notice in connection with this Security Instn atut shall not be deemed to have been given to Lender until actually received by Leader. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security instrument. 16. Governing Law; Severable ty; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the patties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Btendlchd Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any huer+est in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security linnu rent. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of amleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all stems secured by this Security Instrument. If Borrower fails to pay these stirs prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Rdnstate After Aaelem6 m. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's tight to reinstate; or (c) entry of a judgment enforcing this Security instivnet. Those conditions are that Borrower: (a) pays Lender all sums which than would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or (DIWPA) toom Pipe 12 of 16 Itipa4 r-we, 3039 Vol Ou i 849PG3823 noM41nn4n 4n.19.4c AAA rl IMRFRI ANn r:f)11NTY Inst.# 200369449 - Pape 12 of 17 agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Leader's interest in the Property and rights under this Security Intramhew; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security lnstntment, and Borrower's obligation to pay the sums secwtid by this Security instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lander; (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits am inured by a federal agency, instrumentality or entity; or (d) Electronic Punds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligation under the Note, this Security Instrument, and Applicablc Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the !Vote, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicet or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may comaituce, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed reason of, this Security Imo, until such Borrower or Leader has notified the other party (with such notice given in compliance with the requir+etnats of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 aW the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provision of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substanoes" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, tonic pesticides and herbicides. volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health. safety or environmental protection; (c) 'Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an 'Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. 1 <D14HPA! Wei P.O. 13 of t ohm 30" 1101 BKI849PG3824 nwi vqm n 1n•:iAlfi Act CUMBERLAND COUNTY Inst# 200369449 - Page 13 of 17 Borrower shall not cause or pennit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the property (a) that is in violation of any Environmental Law, (b) which creates an Enviromnental Condition, or (c) which. due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Leader written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and an Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardotis Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmwtal Cleanup. NON-UNIFORM COVENANTS, Borrower and Leader f n-ther covenant and agree as follows: 22. Aeoeleradon; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Seem* Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result In acceleration of the sums severed by this Security lostevment, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert In the foreclosure prooeediup; the non-existence of a default or any other defense of Borrower to acceleration and foreclosure, If the default is not cm-ed as specified, Lender at its option may require immediate payment in hull of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lauder shall be entitled to collect all expenses incurred In pmaing the remedies provided is this Section 22, Including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lauder shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Leader may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applimble Law, waives and releases any error or defers in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or iding for stay of execution, extension of time, exemption from attach mein, levy and sale, ? provexemption. 25. Reinstatedient Period. Borrower's time to reinstate provided in Section 19 shall emend to one hoar prior to the eornm t of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is low to Borrower to acquire title to the Property, this Security Instrument shall be a purdmase money mortgage. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a )rmdggmew is entered on the Note or in an action of mortgage fioreclosure shall be the rate payable from time to time under the Note. PA) 100081 Peg* 14 of td C-at %11? Fomt 3039 1101 HK 1849PG3825 n>ui v7n1n in :m•1a Ann CUMBERLAND COUNTY Inst.# 200369449 - Page 14 of 17 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: -Boffower (Seal) -Borrower L?3 4D-G(PA) moos) - (Seal) -Bormwer - (Seal) -Bomwer -(seal) -Borrower Page 15 0 15 BK1849PG3826 - (seat) -Borrower _ (Seal) -Botmwer - (Seal) -Borrower Form 3039 1101 08/1112010 10:36:16 AM CUMBERLAND COUNTY Inst.# 200369449 - Page 15 of 17 Certfflcate qe I?M G? , do hereby certify that the co of the within Mortsas is - BOX 10304, Dab tdozxw, IA 303060304 Witness my hand this 9?744 day of &CA See- Rm 3 Agent of Morigsgec COMMONWEALTH OF PENNSYLVANIA, co-'r, 6A, I Card On this, the aZ S +- day of O C , 7-o G3 undersigned officer, personally appeared MARYL04I88 C DA8i Omm County ss: , before me, the !mown to me (or satisfactorily proven) to be the person(s) whose name(s) is/= subscribed to the within Wstrutnent and aclmowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: . Clrlsi?la Borodtd? Mr o«>ttt oe 00 1 NMy Pi. 2m i -$tPA) (0oa) Cti d Tide of Officer ?ririala Paps 16 of 16 BK I 849PG38"27 Fom 3039 1MI na» f rmin tmu•Ia AM CUMBERLAND COUNTY Inst.# 200369449 - Page 16 of 17 Legal Description Exhibit "A" Loan Number : Borrower : MARYLOUISE DARHOWER ALL THAT CERTAIN TRACT OR PARCEL OF LAND AND PREMISES, SITUATE, LYING AND BEING IN THE BOROUGH OF CARLISLE, IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT A DRILL HOLE AT THE SOUTHERN RIGHT-OF-WAY LINE OF EAST NORTH STREET (60 FOOT RIGHT-OF-WAY) AT INTERSECTION WITH LANDS NOW OR FORMERLY OF CRAIG BESSIE, THENCE ALONG LANDS NOW OR FORMERLY OF CRAIG BESSIE, SOUTH 13 DEGREES 0 MINUTES 0 SECONDS WEST, 90.00 FEET TO A POINT; THENCE ALONG LANDS OF CUMBERLAND FIRE COMPANY, NORTH 77 DEGREES 0 MINUTES 0 SECONDS WEST, 30.00 FEET TO A POINT; THENCE ALONG 0 SECONDS EAST, 90.00 FEET TO A DRILL HOLE AT THE SOUTHERN RIGHT-OF-WAY LINE OF EAST NORTH STREET; THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 77 DEGREES 0 MINUTES 0 SECONDS EAST. 30.00 FEET TO A DRILL HOLE, THE PLACE OF BEGINNING. APN: 02-21-0318248 I Certify this to IIl Cora Irlarld Cc?tl,.; , Recorder ()t* I) .? BKI849PG3826' nam i rnnin +n• m-irt nu M IMRFRI AND COUNTY Intl 200369449 - Page 17 or 17 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 247642 WELLS FARGO BANK, N.A., SB/M WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. MARYLOUISE C. DARHOWER A/K/A MARYLOUISE DARHOWER 120 EAST NORTH STREET CARLISLE, PA 17013-2430 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ID -563 0%4"Tertl CUMBERLAND COUNTY CM1, AMON - LAW CQMj!1,AYNT IN MnRTGAGE 1EQRRCli,0S1j$_F We hereby Certify the ATMRNEY FILE COPY within to be a true and PLEASE RETURN N correct copy of the original filed of record File #: 247642 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 ELIGII3LE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File fl: 247642 Plaintiff is WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: MARYLOUISE C. DARHOWER A/K/A MARYLOUISE DARHOWER 120 EAST NORTH STREET CARLISLE, PA 17013-2430 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/28/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1849, Page 3812. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/01/2010 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 247642 6. The following amounts are due on the mortgage: Principal Balance Interest 04/01/2010 through 08/09/2010 (Per Diem $4.83) Attorney's Fees Late Charges through 08/09/2010 Property Inspections/Property Preservations Costs of Suit and Title Search TOTAL 7. 8 $30,020.60 $626.58 $650.00 $55.35 $45.00 155000 $31,947.53 Plaintiff is nat seeking a judgment of personal liability (or an in pers? onam_ judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 247642 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $31,947.53, together with interest from 08/09/2010 at the rate of $4.83 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. HALLINAN & SCHMIEG, LLP ' U Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 She al R. Shah-Jani, Esq., Id. No. 81760 je?ine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 247642 LEGAL DESCRIPTION All THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Carlisle in the County of CUMBERLAND and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a drill hole at the southern right-of-way line of East North Street (60 foot right- of-way) at intersection with lands now or formerly of Craig Bessie, thence along lands now or formerly of Craig Bessie, South 13 degrees 0 minutes 0 seconds West, 90.00 feet to a point; thence along lands of Cumberland Fire Company, North 77 degrees 0 minutes 0 seconds West, 30.00 feet to a point; thence along lands now or formerly of Jean H. Boudmon, North 13 degrees 0 minutes 0 seconds East, 90.00 feet to a drill hole at the southern right-of-way line of East North Street; thence along said right-of.-way line South 77 degrees 0 minutes 0 seconds East, 30.00 feet to a drill hole, the place of Beginning. TOGETHER with all the improvements thereon erected. UNDER AND SUBJECT, nevertheless, to Mortgage dated November 15, 1989 and recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania in Book 959, Page 13 to GMAC Mortgage Corporation of PA in the original amount of $54,500.00, and having a principal balance of $53,375.37. 'The Grantee, by the acceptance and recording of this Deed, hereby personally assumes and agrees to pay said present principal balance, together with said interest, costs or other charges as may accrue or come due thereon from time to time. PROPERTY ADDRESS: 120 EAST NORTH STREET, CARLISLE, PA 17013-2430 PARCEL # 02-21-0318-248 File #: 247642 VERIFICATION Xee Moua Vice President Loan D?cumentation hereby states that he/she is ot; Wells Fargo Bank, NA successor by merger to WELLS FARGO HOME MORTGAGE, INC., servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: ? Xee Moua DATE: 8/26/10 _ Title: Vice President Loan Documentation Servicer: WELLS FARGO HOME MORTGAGE, INC, File #: 247642 Name: DARHOWER r' UCi'i?sr"_ l' 1?EG -?„r1 0F- LumornI3 PE2 r? ? Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A., S/BIM WELLS FARGO HOME MORTGAGE, INC. VS. MARYLOUISE C. DARHOWER A/K/A MARYLOUISE DARHOWER Attorney for Plaintiff T V T OR"k?Y F c :ASE FErUFItj P CUMBERLAND COUIal '_;A Y COURT OF COMMON PLEASr''-r 'A,'V a } CIVIL DIVISION No. 10-5543 CIVILTERM 247642 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against MARYLOUISE C. DARHOWER A/K/A MARYLOUISE DARHOWER Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff s damages as follows: As set forth in Complaint $31,947.53 Interest - 08/10/2010 to 10111/2010 $304.29 TOTAL $32,251.82 I hereby certify that (1) the Defendant's last known address is 120 EAST NORTH STREET, CARLISLE, PA 17013-2430, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ,, n DAMAGES ARE HEREBY ASSESSED AS INDICA DATE: a16? PHS # 247642 helan, sq., Id. No. 32227 U La Lffitian ? F is nq., Id. N o. 62695 Daniel i , Esq., Id. No. 62205 ? Michelford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 0 Andrew L. Spivack,. Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff 247642 L 1. L 7 )AIV' SCHEDULE OF DISTRIBUTION Date Filed: July 27, 2011 Writ No. 2010-5543 Civil Term Wells Fargo Bank, N.A., S/B/M Wells Fargo Home Mortgage, lnc_ -vs- MaryLouise C. Darhower, A/K/A MaryLouise Darhower 120 East North Street Carlisle, PA 17013 Sale Date: July 6, 2011 Buyer: Harmony Real Estate, LLC Bid Price: $ 45,500.00 Real Debt: $ 32,251.82 Interest: 752.60 Attorney Writ Costs: 165.90 Total Due: $ 33,170.32 DISTRIBUTION: Receipts: Cash on Account (11/19/2010): $ 1,500.00 Cash on Account (07/06/2011): 5,500.00 Cash on Account (07/22/2011): 43,660.00 No. 0963 P. 3 Total Receipts: $ 50,660.00 Disbursements: Sheriffs Costs Legal Search Transfer Tax (Local) Transfer Tax (State) Cumberland County Tax Claim Bureau Borough of Carlisle, Tax Collector Borough of Carlisle, Tax Collector (2011 School Taxes) Borough of Carlisle (Sewer/Water) Attorney Wells Fargo Bank, N.A., S/B/M Wells Fargo Home Mortgage, Inc. (2010-5543) Bank of America, NA Total Disbursements: Balance for distribution: So Answers: PyJV 1 VVV on.Dy R. Anderson Sheriff No. 0963 P. 4 $ 1,726.02 300.00 1,225.00 1,225.00 1,633.52 687.64 1,345.81 178.56 1,500.00 33,170.32 7,668.13 (550,660.00) 00.00 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A., s/b/m Wells Fargo Home Mortgage, Inc. Plaintiff Vs. MaryLouise C. Darhower Defendant rn m Civil Division =M a• c "' rn- r -<> ?, ca r 10-5543 RULE AND NOW, this i day of s , 2011, a Rule is entered upon the Defendant and all interested parties to show cause why the attached Plaintiff s Exceptions to Sheriff s Sale Distribution Pursuant to Pa.R.C.P. 3136(d), should not be entered. RULE RETURNABLE the iay Of 10i w itCr t 2 0 S 62? e _)V I C By the Court: V A'7 r , ?? J. ? s(c 11eoei4ul ?f''r tJ?C 0C Tus`V--c e- 047.'c -e a 4CAe-,,, --fe ? ?R n K U ? j? jyif.'• C' l? ?' Lau, e,,, Au S. C-1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ri Ki _u'„`• iHEfD0,-r 0 toss ? (! AUG 17 PM 2: 1155 CUMBERLAND coutfl-ll PENNSYLVANIA' ' Jody S Smith Chief Deputy Richard W Stewart Solicitor Wells Fargo Bank, NA Case Number vs. Marylouise C. Darhower 2010-5543 SHERIFF'S RETURN OF SERVICE 12/29/2010 03:12 PM - Deputy Robert Bitner, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 120 East North Street, Carlisle, PA 17013, Cumberland County. 02/04/2011 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 5/4/2011 05/02/2011 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 7/6/2011 07/06/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on July 06, 2011 at 10:00 AM. He sold the same for the sum of $45,500.00 to Harmony Real Estate, LLC, P.O. Box 614, Camp Hill, PA 17011, being the buyer in this execution, paid to the Sheriff the sum of $ 07/27/2011 Proposed Schedule Of Distribution Posted, all parties notified. 08/05/2011 Exceptions to Proposed Schedule of Distribution filed in Sheriffs Office. 08/15/2011 Rule to Show Cause received 08/15/2011 Deed recorded on 8/15/11 SHERIFF COST: $816.02 August 17, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF fc COLIM:ySUjJP Sheriff. Te eOeOft Inr. 00 Fd - (let, SD a /???' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Harmony Real Estate, LLC is the grantee the same having been sold to said grantee on the 6 day of July A.D., 202011, under and by virtue of a writ Execution issued on the 18 day of November, A.D., 202010, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 5543, at the suit of Wells Fargo Bank, N.A., SB/M Wells Fargo Home Mortgage Inc. against MggLouise C. Darhower, A/K/A MgaLouise Darhower is duly recorded as Instrument Number 201122525. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this lIj day of A.D. of Deeds Pandm d Djdw1&nd Cauft Cerfele, PA My C.o MWM ff Fiit I WWq a AVL 2M4 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Wells Fargo Bank, NA vs. Marylouise C. Darhower SHERIFF'S RETURN OF SERVICE Case Number 2010-5543 12/29/2010 03:12 PM - Deputy Robert Bitner, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 120 East North Street, Carlisle, PA 17013, Cumberland County. 02/04/2011 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 5/4/2011 05/02/2011 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 7/6/2011 07/06/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on July 06, 2011 at 10:00 AM. He sold the same for the sum of $45,500.00 to Harmony Real Estate, LLC, P.O. Box 614, Camp Hill, PA 17011, being the buyer in this execution, paid to the Sheriff the sum of $ 07/27/2011 Proposed Schedule Of Distribution Posted, all parties notified. 08/05/2011 Exceptions to Proposed Schedule of Distribution filed in Sheriffs Office. 08/1512011 Rule to Show Cause received 08/15/2011 Deed recorded on 8/15/11 11/08/2011 Amended Proposed Schedule Of Distribution Posted SHERIFF COST: $2,026.02 November 18, 2011 T1 17 P ? No's 18 P,4 I: 9 CUMBERLAND COUN i Y PENNSYLVANIA SO ANSWERS, RON R ANDERSON, SHERIFF (c CeunrySdteShenfF Ie,e^sott _;. ?., ??? ??: 'lam ?.???? ?'? 4 , Amended SCHEDULE OF DISTRIBUTION Date Filed: November 8, 2011 Writ No. 2010-5543 Civil Term Wells Fargo Bank, N.A., S/B/M Wells Fargo Home Mortgage, Inc. -vs- MaryLouise C. Darhower, A/K/A MaryLouise Darhower 120 East North Street Carlisle, PA 17013 Sale Date: July 6, 2011 Buyer: Harmony Real Estate, LLC Bid Price: $ 45,500.00 Total Due: $ 35,635.31 Per Order of Court DISTRIBUTION: Receipts: Cash on Account (11/19/2010): $ 1,500.00 Cash on Account (07/06/2011): 5,500.00 Cash on Account (07/22/2011): 43,660.00 Total Receipts: $ 50,664.00 Disbursements: Sheriffs Costs Legal Search Transfer Tax (Local) Transfer Tax (State) Attorney Daniel Schmieg Wells Fargo Bank, N.A., S/B/M Wells Fargo Home Mortgage, Inc. (2010-5543) Bank of America, NA Total Disbursements: Balance for distribution: So Answers: nny R. Anderson Sheriff $ 1,726.02 300.00 1,225.00 1,225.00 1,500.00 35,635.31 9,048.67 ($509660.00) 00.00 WELLS FARGO,BANK, N.A., S/BIM WELLS FARGO HOME MORTGAGE, INC. Plaintiff v. MARYLOUISE C. DARHOWER A/K/A MARYLOUISE DARHOWER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-5543 CIVILTERM CUMBERLAND COUNTY PHS # 247642 AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, N.A., SB/M WELLS FARGO HOME MORTGAGE, INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 120 EAST NORTH STREET, CARLISLE, PA 17013-2430. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) MARYLOUISE C. DARHOWER A/K/A MARYLOUISE DARHOWER 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 120 EAST NORTH STREET CARLISLE, PA 17013-2430 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) BANK OF AMERICA, NA 100 NORTH TRYON STREET CHARLOTTE, NC 28255 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. r Name-and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 120 EAST NORTH STREET CARLISLE, PA 17013-2430 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. November 15, 2010 By: Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 WA&Son F. Wells, Esq., Id. No. 309519 WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME COURT OF COMMON PLEAS MORTGAGE, INC. : CIVIL DIVISION Plaintiff : : NO.: 10-5543 CIVILTERM VS. MARYLOUISE C. DARHOWER A/K/A MARYLOUISE CUMBERLAND COUNTY DARHOWER , Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MARYLOUISE C. DARHOWER AAUA MARYLOUISE DARHOWER 120 EAST NORTH STREET CARLISLE, PA 17013-2430 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 120 EAST NORTH STREET, CARLISLE, PA 17013-2430 is scheduled to be sold at the Sheriff s Sale on 03/02/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $32,251.82 obtained by WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION All THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Carlisle in the County of CUMBERLAND and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a drill hole at the southern right-of-way line of East North Street (60 foot right- of-way) at intersection with lands now or formerly of Craig Bessie, thence along lands now or formerly of Craig Bessie, South 13 degrees 0 minutes 0 seconds West, 90.00 feet to a point; thence along lands of Cumberland Fire Company, North 77 degrees 0 minutes 0 seconds West, 30.00 feet to a point; thence along lands now or formerly of Jean H. Boudmon, North 13 degrees 0 minutes 0 seconds East, 90.00 feet to a drill hole at the southern right-of-way line of East North Street; thence along said right-of-way line South 77 degrees 0 minutes 0 seconds East, 30.00 feet to a drill hole, the place of Beginning. TOGETHER with all the improvements thereon erected. TITLE TO SAID PREMISES IS VESTED IN Marylouise Darhower, single person, by Deed from Lisa D. Kirkpatrick, nka, Lisa D. Simpson and Mark A. Simpson, dated 08/18/1993, recorded 08/20/1993 in Book M 36, Page 117. PREMISES BEING: 120 EAST NORTH STREET, CARLISLE, PA 17013-2430 PARCEL NO. 02-21-0318-248 LEGAL DESCRIPTION All THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Carlisle in the County of CUMBERLAND and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a drill hole at the southern right-of-way line of East North Street (60 foot right- of-way) at intersection with lands now or formerly of Craig Bessie, thence along lands now or formerly of Craig Bessie, South 13 degrees 0 minutes 0 seconds West, 90.00 feet to a point; thence along lands of Cumberland Fire Company, North 77 degrees 0 minutes 0 seconds West, 30.00 feet to a point; thence along lands now or formerly of Jean H. Boudmon, North 13 degrees 0 minutes 0 seconds East, 90.00 feet to a drill hole at the southern right-of-way line of East North Street; thence along said right-of-way line South 77 degrees 0 minutes 0 seconds East, 30.00 feet to a drill hole, the place of Beginning. TOGETHER with all the improvements thereon erected. TITLE TO SAID PREMISES IS VESTED IN Marylouise Darhower, single person, by Deed from Lisa D. Kirkpatrick, nka, Lisa D. Simpson and Mark A. Simpson, dated 08/18/1993, recorded 08/20/1993 in Book M 36, Page 117. PREMISES BEING: 120 EAST NORTH STREET, CARLISLE, PA 17013-2430 PARCEL NO. 02-21-0318-248 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-5543 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC'. Plaintiff (s) From MARYLOUISE C. DARHOWER A/K/A MARYLOUISE DARHOWER (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$32,251.82 L.L.$.50 Interest FROM 10/12/2010 TO DATE OF SALE ($5.30 PER DIEM) - $752.60 Atty's Comm % Atty Paid $165.90 Due Prothy $2.00 Other Costs Plaintiff Paid Date: November 18, 2010 (Seal) REQUESTING PARTY: L avid D Buell, Prothon any By: Deputy Name Allison F. Wells, Esquire Address: Phelan Hallinan & Schmieg, LLP, 1617 JFK Boulevard, Suite 1400, One Penn Center Plaza, Philadelphia, PA 19103 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 309519 TRUE COPY FROM RECORD in Testimony whereof, 1 here unto set my hand awl the of said rt at arlisle, Pa. TIC QU tser 20 16 _ On November 22, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA, Known and numbered as, 120 East North Street Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 22, 2010 By: RUaE? st ate Adi fd ;y =yew 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: January 28, February 4, and February 11, 2011 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. is Marie Coyne, Ed' r SWORN TO AND SUBSCRIBED before me this day of Februa 2011 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No. 2010-5543 Civil Wells Fargo Bank, NA VS. Marylouise C. Darhower Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 10-5543 CIVIL TERM, WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. vs. MARYLOUISE C. DARHOWERA/K/A MARYLOUISE DARHOWER, owner(s) of property situate in the BOR- OUGH OF CARLISLE, Cumberland County, Pennsylvania, being 120 EAST NORTH STREET, CARLISLE, PA 17013-2430. Parcel No. 02-21-0318-248. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $32,251- .82. 12 -;-e ^a`-rV.-News Co. 21)?0 're(.hnocigy Pkwy Su&'.:300' Mechanicsburg, PA 17050 Inquiries - 7,17-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss ?e?latriot-News NOW you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/ Community Weekly 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; K 1/28/11 r INC. 12D C !PA 17!3;: ru?t?is*J, *3? tawlellirm AUDU10,> SMZIAZ PA 17013 ?1 Sworn to Notary Public February, 2011 A.D. COMMONWEALTH OF PENNSYLVANIA NOW W Seel Sherrie L Kisner, Notary Public Lower Paxton 1Wp., Dauphin County MY CommlSion B OM Nov. 26, 2011 Member. Pennsylvania Association or Notaries r 2/4/11 2/11/11 SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale, Writ No. 2010-5543 Held July 6, 2011 EFFECTIVE DATE: July 13, 2011 PREMISES: 120 East North Street, Borough of Carlisle, Cumberland County, Pennsylvania, Tax Parcel No. 02-21-0318-0248 (the "Premises") RECITAL: Being the same Premises which Lisa D. Kirkpatrick, also known as Lisa D. Simpson and Mark A. Simpson, by their deed dated August 18, 1993 and recorded August 20, 1993 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book "M", Volume 36, Page 117, granted and conveyed unto Marylouise Darhower. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: 1. Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. 3. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. 5. Any environmental liens or claims filed or on record in the Federal District Court. 6. Payment of state and local real estate transfer tax, if applicable. 7. Any secured transactions with respect to the Premises. 8. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriffs sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriffs sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All Real Estate taxes on the Premises assessed but not billed as well as those Real Estate taxes accruing on and after January 1, 2011. 20. Subject to the rights in the Premises by any spouse, if any, of Marylouise Darhower. 21. Subject to the legal operation and effect of the absence of a legal description pertaining to the Premises in the Sheriffs Notice of Sale. -2- 22. Mortgage in the amount of $44,085.00 from Marylouise Darhower to Wells Fargo Home Mortgage, Inc. dated October 28, 2003 and recorded December 30, 2003 in Mortgage Book 1849, Page 3812. 23. Mortgage in the amount of $50,000.00 from Marylouise Darhower to Bank of America, NA dated May 17, 2007 and recorded June 1, 2007 in Mortgage Book 1994, Page 1843. 24. Judgment against Marylouise Darhower and Marylouise C. Darhower in the amount of $32,251.82 entered October 13, 2010 in favor of Wells Fargo Bank, N A to No. 2010- 5543. 25. Subject to unpaid taxes due the Tax Claim Bureau in the amount of $1,623.03 together with any interest and penalties accrued thereon. 26. Subject to all notes, conditions and other matters appearing in the unrecorded survey cited in Deed Book "M", Volume 36, Page 117. 27. Subject to the rights of others in and to any portion of the Premises lying within or adjoining East North Street. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. By: G Keith O. Brenneman -3- Writ No. 2010-5543 Civil Wells Fargo Bank, NA VS. Marylouise C. Darhower Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 10-5543 CIVIL TERM, WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. vs. MARYLOUISE C. DARHOWERA/K/A MARYLOUISE DARHOWER, owner(s) of property situate in the BOR- OUGH OF CARLISLE, Cumberland County, Pennsylvania, being 120 EAST NORTH STREET, CARLISLE, PA 17013-2430. Parcel No. 02-21-0318-248. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $32,251- .82. EXHIBIT A