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HomeMy WebLinkAbout10-7138IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, NA, Vs. Plaintiff, MATTHEW E. WATERS Defendants. TO: DEFENDANTS YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 3476 STATEVIEW BLVD MAC #X7801-013 FT. MILL SC 29715 AND THE DEFENDANT: 18 South Locust Lane Mechanicsburg PA 17050 CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFE CTED BY THIS LIEN IS 18 South Locust Lane Mechanicsbu~ PA 17050 Municipality: Silver Spring ATTORNEY FOR PLAINTIFF ATTY FILE NO.: XFP 144008 .,._ ri.: m , -~- ` I.L..t ~__._ -r .Y ~.. ` ~ ~_... l .a» r ~sc„_ w N ~' -y ~~, _~. . . J (-t 1 CIVIL DIVISION NO.. (b - ~ ~ ~~ TYPE OF PLEADING CIVIL ACTION -COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: Wells Fargo Bank NA COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire Pa. I.D. #55650 Kimberly A. Bonner, Esquire Pa. I.D. #89705 Joel A. Ackerman, Esquire Pa I.D. #202729 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500 (908) 233-1390 FAX o fficena,zucker>;oldber~. com File No.: XFP- 144008/rj j'~~ Y lY (~~ ~ ~a~l ~~` ~`~~ ~~ Zucker, Goldberg & Ackerman, LLC XFP-144008 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. Zucker, Goldberg & Ackerman, LLC XFP-144008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, NA, vs. Plaintiff, Matthew E. Waters Defendants. CIVIL DIVISION NO.: /~ 1 -- `7 ~3 ~cN~/ NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim 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 SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 LAWYER REFERRAL Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 Zucker, Goldberg & Ackerman, LLC XFP-144008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, NA, CIVIL DIVISION Plaintiff, vs. Matthew E. Waters Defendants. NO.. AVISO USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mss adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) Bias despues de la notificacion de esta Demands y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y redicando en la Corte por escrito sus defensas de, y objeciones a, los demandas presentadas aqui en contra suya. Se le advierte de que si usted falls de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier soma de dinero reclamada en la demands o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mss aviso adicional. Usted puede perder dinero O propiedad u otros derechos importantes pars usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A LA SIGUEINTE OFICINA PARR AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND LAWYER REFERRAL Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 Zucker, Goldberg & Ackerman, LLC XFP-144008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, NA, : CIVIL DIVISION Plaintiff, NO.: ` 1~ ~ 7l 3 8`~~>~ vs. MATTHEW E. WATERS Defendants CIVIL ACTION -COMPLAINT IN MORTGAGE FORECLOSURE And now comes Wells Fargo Bank, NA, by its attorneys, Zucker, Goldberg & Ackerman, LLC, and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Wells Fargo Bank, NA, having its principal place of business at 3476 Stateview Blvd., Mac #X7801-013, FT. MILL, SC 29715. 2. The Defendant, Matthew E. Waters, is an individual whose last known address is 18 South Locust Lane, Mechanicsburg, PA 17050. 3. On or about June 14, 2007, Matthew E. Waters executed a Note in favor of Wells Fargo Bank, N.A. in the original principal amount of $109,500.00. 4. On or about June 14, 2007, as security for payment of the aforesaid Note, Matthew E. Waters, A Single Person made, executed and delivered to Wells Fargo Bank, N.A. a Mortgage in the original principal amount of $109,500.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on June 15, 2007, in Mortgage Book Volume 1996, Page 87. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "A", attached hereto and made a part hereof. 5• Matthew E. Waters is the record and real owner of the aforesaid mortgaged premises. 6. Defendant is in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. Zucker, Goldberg & Ackerman, LLC XFP-144008 7. Plaintiff was not required to send Defendant(s) written Notice pursuant to 35 P.S. § 1680.403 (c) (Homeowners' Emergency Mortgage Assistance Act of 1983, -Act 91 of 1983), prior to commencement of this action for the reason that the aforesaid Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act (12 U.S.C. §§1707 - 1715(z) -18) [35 P.S. §1680.401(a)(3).]. 8. The amount due and owing Plaintiff by Defendant is as follows: Principal $106,170.35 Interest through 11/01/2010 $5,640.30 Attorneys' Fees $1,250.00 Title Search & Costs $2,500.00 Late Charges $ 36.27 Escrow $ 907.47 Pro Rata MIP / PMI $ 86.04 Other $ 50.50 Total $116,640.93 plus interest on the principal sum ($106,170.35) from November 1, 2010, at the rate of $564.03 per month, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $116,640.93, with interest thereon at the rate of $564.03 per month from November 1, 2010, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Zucker, Goldberg & Ackerman, LLC XFP-144008 ZUCKER, LLC BY: Dated: November 5, 2010 Scott a 'ck, I.D. #55650 Kimb y .Bonner, Esquire; PA I.D. #89705 Joel A. erman, Esquire; PA I.D. #202729 Attorneys for Plaintiff XFP-144008/rj 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Zucker, Goldberg & Ackerman, LLC XFP-144008 EXHIBIT A Zucker, Goldberg & Ackerman, LLC XFP-144008 n~~° . r . X04, ~g e.- t '• .. c13~7 t~~~ 1~ an ~a z~ Prepared By: 918LL8 FARGO BADt13C, N.A. 111 CONTINSNTAL DR, SUITS 114, NBNARIC, DS 197130000 Return To: t4Fffi4 FINAL DOCK X9999-O1M 1000 BLUS GSNTIAN ROAD SAGAN, Deli 5 5121 Parcel Number: Premises: 18 S LOCUST LAMB rsscgANicsst~RG I~pace ,~trove'1'hls Line For Reeord[nR Data( h'HA Case Nn. Commonwettlth oi' IPennsy{vanln MpRTGAGE 441-7964035 703 THIS MORTGAGE ("Stxurity lnstrtunent") is given on JUNG 14, 2007 ~ The Mortgagor is DeU1TT8Blti S 4PATBRB, A SINGLB PERSON ("Borrower"). 'This Sccuriry lnstnemcnt is given to ATBLLS FARtJO BANK, N.A. il'BLLS FARGO BANK, N. A. which is organized and existing under the laws of THS UNITDiD STATBB ~ and whose address is P.O. BOX 11701, NBPTARD:, NJ 071014701 ("Lender"). Borrower owes Lender the principal sum of ~ ON8 SUNDRBD NINB THOIIBADID FIVE SUNDRBD AND 00/100 DollarslU.S.$ ********109,soo.oo ~. 0076444801 NMFL N0642 {pAFMI Rev 4/24/2006 FIIA Pcnnsyhonia Morlgagc-4N6 ~-4RIPA1 ioeoa~ VMP Monppa Sotutioru, Inc. -/ Peas 1 of 9 trrtyb: t/'/i. 8K1996PG~087 This debt is evidenced by Bormwer's note dated the same date as this Security instrumenl ('Note"), which provides for monthly payttxnts, with the full debt, if not paid earlier, due anet payable on JIII.Y 01, 2037 .This Security Instrument secures m Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advancod under paragraph 7 to protect the security of this Security Instrument; and (c) the perforntance of Borrower's covenants and agreements under this Security Instrument and the Notc. For this purpose. Borrower does hereby mortgage, grant and convey to the Lender the following described property located in Ct71lL8SRI,Att~tD ttSSS ATTACHSQ County, Pennsylvania: which has the addmss of 18 s LoCt7sT I.)1AT8 1~CHANI Ct38tIRG t"Property Address"); {Stntitil [C'ity), Pennsylvania 17050 [7_;pC'ixlcl TOGETHER W[Tii all the improvements now or hereaRer erected on the property, anti all easements, appurtenances and fixtures now or hereafter a part of the property, Atl replacements and additions shall also be rnvered by this Security Instrument. All of the foregoing is referral to in this Security Instrument as the "Properly." BORROWER COVENANTS chat Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Properly and that the Property is unerrcumbertxi, except for encumbrances of rtxoord. Borrower warrants and will defend generally the title [o the Properly against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines unili-rm covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real properly. Borrower and Lender covenant and agree as follows: UNIFORM COVENANTS. 1. Payment of Principal, lnterect and Lste Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. 2. Moathly Pa~•ment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, together with the principal anti interest as set forth in the Note and any late charges, a sum for (a) taxes and special aSSCSSmcnts levied or to be levied against the Property, fb) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in which such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either: /(i) a s~u~m for the mews: ~V ~~~G.rv ~-4RtPA) (05081 Ppe 2 or 9 BK 199~;FGUc~$8 annual mortgagt insurance premium to be paid by l.cnder to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Irtt:trument is held by the Secretary, in a reasonable amount to be determirx~d by the Sc~;retary. Except for the monthly charge by the Secretary, Utece items are called "Gticr+pw Items" and the sums paid to Lender are called "Escrow Funds." Lcndcr may, at any time, collect and hold amounts for Escrow items in an aggregate amount not to exceed tits maximum amount that may be required for Butrowcr's escrow account under the Real L'xtatc ScttJcmcrtt Procedures Act of 1974, 12 U.S.C. Section 2G01 rt .rry. and implementing regulations, ?4 CFR Part 35(x, as they may be arrxnded from time to time ("RESPA"), except that the cushion or reserve permitted by R1rSPA Cor unanticipated disbursements or disbursements before the Borrower's payments arc a~•ailabk in the account may not be based on amounts due Cor the mortgage insurance premium. IC the amounts held by Lender Cor Escmw (tams exceed the amount3 permitted to be held by RESPA, Lender shall account to Borrower for the excess funds ac required by RT'SPA. if the amounts of funds held by Lender at any time arc not Kufficicnt to pay the Escrow Items when due, Lender may notify the Bonrower and reyuire Borrower to make up tees shortage ac permitted by RESPA. The Escrow Funds are pledged as additional stcuriry for all sums second by this Security [nstrtrment. If Borrower tendtxs to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all instrrllmcrtt itcnrs (a), (b), and (c) and any mortgage insurance premium instailmcnt that Lender has not become obligated to pay to the Secretary. and Lender shall promptly refund any excess Cunds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall bt credited with any balance n~maining for all installments for items (a), (b), and (c). 3. Application of Yaymeats. All pavntcnts under paragraph+ I seed 3 ,hall be applied by Lender ac follows: First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; Send. to any (axe., special ax~~,cntcnts, leasehold payments or ground rent.. and fire, Hood and other haztrrd insurance premiums, ac required: Third, to interest due under the Notc: Fourth, to amotti~ation of the principal of tlrc Note; and Fes' '~, to laic charges due under the Note. 4. Fire, Flood and Other Ilazard Insurance. Borrower ,hall insure all improvements on the Property, whether now in existence or subsequently erected, against any hsnards, casualties, and wntingeneies, including fire, for which Leader requires insurance. This insurance shall be maintained in the amounts and Cor the periods that Lender requires. Borrower shall also insure all impro~•~7rtents on the Property, whctltcr now in existence or subscyuently crcctod. against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. Thc insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make prool~of loss if not made promptly by Borrower. Each insurance crnnpany concerned is hereby authorized and directed to make payment for such loss directly to i_ender. instead of to Borrower and to Lender jointly. All or any part of the insurance proceetlc muy be applied by Lender, at its optioa. either (a) to the reduction of the indebtedness under the Notc and this Security instrument, first to any delinyuent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or change the amount oC such payments. Any excess insurance proceeds over an amount required to pay all out`.tanding indebtcdnes., under the Note and this Security Instrument shall be paid to thz entity legally entitled thereto.i'' ~i ~RfPA) ro5os1 Pape 3 q1 9 BK ! 99EPG~7Q89 In the event of foreclosure of this Security Instrument or other tranxfer of title to the Property that extinguishcx rtes irrdebtcdrtc,~,c, ati right, title and interest of Borrower in and to insuranre policies in force steal[ prix to rtes ptrnhacr. S. Uccupaae~•, PreservaNun, Jtaintenaace and Protection o! the Property; Borrower's l.oatt Application; Leaseholds. Borrower .hall occupy, establish, and uxc the Properly as Burrvuer's principal residence within xixty days after rtes cxccutkm of this Se~:urity Instrument {or within xixty days of a later sale or tranxfer of the Property) and xhall continue to occupy the 1'rope'rty a~ Bormwer',r• principal residence for at least one year after the date of occupancy, unless Lender determines that requitement will cause undue hardship for Burrower, or unlr.•ss extenuating circumstances exist which are beyond Borrow.7'x control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit wavte or destroy, damage or substantially change the Property or allow the Property to dctexioratc, reasonable wear and tzar eecepted. Lender tray inspect the Property if rtes Property is vacant ur abandoned or rtes Ivan is in default. Lender may take rrarsunabtc action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default ii' Borrowc7, during the loan application process, gave materially false or inaccurate information or xtatement~ to Lender {or failed to provide bender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, rcpres~ntation,. conc:e~ning BortuwCr's occupcurcy of the Property as a principal residence. ll' this Security instrument it un a Iraaeltuld, Burrower xhall comply with the pruvivions of the lease. If Borrower acquires fcc title to the Property, the leasehold and tee title shall not be merged unkxs Lcndcr agrccx to the merger in writing. 6. Condemaatba. Thr proceeds of any award or claim for damages, direct ar con.~equcntial, in connection with any condemnation or outer taking of any pan of the Properly, or for conrcyancc in place of condemnation, are hereby asxigned and xhall be paid to Le~ndev tv the extent oi' the full amount of rtes indebte~cinexs that remains unpaid under the Note and thix Security Instrument. Lender shall apply xuch proceeds to the: eduction of the indebtedness under tht Note and this Security Instrument. first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the pmcctds m the principal shall not extend or postpone the due date of the monthly payments. which are referred to in paragraph 2, or change the amount of wch payment. Any excess preu;exds over an amount required to pay all outlanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 7. Charges to Borrower sad Protection of tender's Rights in the Property. Borrower shall pay all governmental or municipal charges, finer and impositions that are not included in paragraph 2. Burrower shall pay there obligations on time directly tv the entity which iv owed the payment. If failure to pay would adversely affect Lcndcr'x interest in the Property, upon Lender's rcyuest Borrower shall promptly furnish to Lender receipts evidencing these payments. it' Borrower fails to make these payments or We payments required by paragraph 2, or fails to perfomt any other covenant. and agrecmentti contained in this Security lnstrurnent, or there is a legal pra;ecding that may significantly affect Lender'x rights in rtes Property (xuch as a proceeding in bankruptcy, for condemnation or to enforce laws or regulationsj, then Leader may do and pay whatever is necesvary to protect rtes value of the Pmpcny and Lender's rightx in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2. Any amounts dixbursed by I.extdcr under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. 'These amounts xhall bear interest from the date of dixbursement, at the Note rate, and at the option of Lender, shall be immediately due and ~rayable. Borruwc~r shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agieex in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enfon:ement of the lien;'%~A'or~tcj~secures -4R(PA) to5oel Ppaa nl 9 GG/! 8~199GPG0090 i'rom the huklcr of the lien an agreement satisfactary to Lender subordinating the lice to this Security Instrument. if Lender detcrn~ines that any part of the Property is subjoct to a lien which Wray attain priority over this Security Instrument, Lender may give Borrower a notice ideentifying the lien. Borrower shall satistj+ the lien or take one ~-r mart of the actions set forth alxrvc within 10 days of the giving of notice. S. Fees. Lender may collect fors and charges autharized by the Secretary. 9. Grounds for Acceleration of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretary, in the cast of payment defaulw. require immediate payment in full of all sums secured by This Sexurity Instrument if: (i) Bocrowcr dcfautts by failing to pay in full any monthly payment reyuired by thie Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, 1'or a period of thirty days, to perform any other abligations contained in this S~x:urity Instrument. {b) Sak Without Credit Approval. Lender shall, if permitted by applicable law (including Section 341(d) of the Gate-St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701 j-3(d)) and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this S«:urity Instrument iC: (i) All or part of the Property. or a beneficial interest in a trust owning all or part of the Property. is wld ar otherwise transfcrrcd (other than by dc~ti,,c or dcsccnq, and (ii) The Property is not occupied by the purchaser or granter as his or her principal residence, or the purchaser or grantee does so occupy the Property but his or her credit ha, not been approved in accardance with the requirement, of the Secretary. (r) :Vo Watver. If circumstances cxc;ur that would permit Lender to require immediate payment in full. but Lender does not require such paytrtettts, lender does not waive its righ4, with respect to avbsequent events. (d) Regulations of 11L'D Secretary. In many circumstances regulations is,,ued by the Secretary will limit Lender's rights, in the case of paynx~nt defaults, to tti;yuirc immediate payment in full and foreclose if not paid. This Security Instrument dues not authorize acceleration or lbteclosure if not permitted by regulations of the Secretary. (e) Mortgage \ot Insured. Harrower agrees that if this Security Itistruntent and the Notc arc nat determined to be eligible for insurance under the Natitmal Housing Act within 60 days from thr drat hereof, Lender may, at ite option, require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to b0 days frum the date hrrraf, declining to insure this Scxurity lnsttvment and the Nate, shall be deemed conclusive proof of such ineligibility. Notwithstanding the forgoing, this optian may not be exrrt;ised by Lender when the unavailability of insurance is srlely due to Lender's failure to remit a mortgage insurance premium to the Secretary. iQ. Reinstatement. 13otrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security lnstnunent. 'I'bis right applies even aRty foreclcuurc praccrciings arc instituted. To reimtate the Security instrument, Borrower shall tender in a lump sum all amaunts required to bring Borrower's account curcent including, to the extent they arc obligations of Horrawcr under this Security Instrument, ti+recl~~sure assts and reasonable and customary attarneys' fees and expenses properly associated with the fareclosurc proceeding. Upon reinstatement by Borrower, this Security instrument and the obligations that it securee shall remain in effect as if Lender had not required immediate payment in full. However, Lender is nat required to permit reinstatement if: (i) Lender has accepted reinstatcmc~nt after the commt~nccmcnt of foreclosure proceedings within two years immediately preceding the cammcnccmcnt aC a current foreclasure i~me~e:~d~~l/ -4RiPA) to5oet Pps 5 of 9 BK1996P~OU91. procecxiing, {ii) rcinstatemcttt will preclude foreclosure nn different grounds in the future, or {iii) reinstatement will advrrnely affect the priority ot'the lien created by this Security Instrument. 11. Borrower Tot Released; Forbearance By Lender hot a Waiver. Extension of the time of paymrnt or mculification of anx~rti>ation of tht sums secured by this Security Instrument graatctf by Lrndrr to any successor in intrust of Borrower shall not operate to release the )lability of the original Borrower or Borrower's •~uccessor in interest. Lender .hall not he required to commence prtx;ecding. against any succtsrsor in interest or refu:;r to cxtrnd time for payment or otherwise modify amortization of the sum. secured by this Security Instrument by uason of any demand made by the original Borrower or Borrower's successors in interest. Any farbcarartcc by 1_cnder in cxcr+cising any right or remedy ,hall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several L1abiYty; Co-Signen. The covenants and agreements of this Security Inawmrnt shall bind and bt~rrcfit the succ~~sors and assigns of LsKtder and i3orrowe7, subject to the provisions of paragraph 9fb). Borrower's covenants and agreements shall be joint and several. Any Borrower a•ho u~-signs this Security Instrutncnt but dc~t not execute the Note: {a) ig co-signing this Security Instrument only to morlgagc, grant and convey that Borrower's interest in the Property under the terms of this Security lnstturrtent; (b1 is not personally obligated to pay the sutras secured by thin Security Instrument; and fc) agrees that I_ettder and any other Borrower may agree to e;xtextd, mtxlify, forbear or make any accommodations with rcgartl to the terms of this Security Instrument or the Note without that Borrower's consort. 13. ~lotites. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by find class mail unless applicable law rvquirrs use of another method. Thc notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any nolicc to Lender shall be given by first clays mail to Lender's address stated harem or any addre~t Lcndcr designates by notice to Burrower. Any notice provided for in this Security [nstrumcnt shall be deemed to have btxn given to Borrower or I.rnder when given as provided in this paragraph. 1~1. Governing I.aw; Severabiliq•, This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any pmvisinn or clause of this Se~:urity Instrument or the Note conflicts with applicable law, such conflict shat) not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting proviion. 7"o this end the provisions of this Security Inctrurrrrnt and the Note are dcc:lared to be severable. 15, Borrower's Copy. Bomowcr shall be given one conformed copy of the Note and of this Security Imtrvmrnt. 16, lazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substancu~ on or in the Property. Borrower shall not do. nor allov-• anyone else to do, anything affecting the Property that is in ~-iolation of any Environmrntal Law. Tlrc preceding two sentences shall mgt apply to the presence, use, or storage on the Property of small quantitie,. of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or rcgulalory agcnvy or private party involving the !'roperty and any Hazardous Substance or Environmental Laty of which Borrower has actual knowledge. if Borrower learns, or is notified by any gavemmcntal or regulatory autiwrity, that any umoval or other remcdiation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accotdancc with Environtnrntal Law. As used in this paragraph Ih, "I~fazardous Substances" arc tha~c substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kcKOSCne, other flammable or toxic petroleum products, toxic pesticides and herbicides. volatile suh•cnts, materials containing asbestos ar formaldehyde, and radioactive materials. As used in this paragraph Ib, ~'4RIPA! +os08i Pepe a of 9 BK ! 99E~°G0092 "Environmental Law" mean, federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or cnvimnntcntal protection. NON-UNIFORM COVF:NAN"TS. BotTUwer and Lender further covenant and agree as follows: 17. Assignment of Rents. Burrower unconditionally assigns and trhrrsfcrs w Lender all the rents and revenues of the Property. Eorrower sulhuriu;s Lender or Lender'. agents to collect the rents and revenues and hereby directs each tenant of the 1'ruperty to pay the rt.~nts to Lextder or Lender's agents. However, prior to Lender's notice to Borrower of Borrowes's ]mach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. "lhi,4 assignment of rentx constitutes an absolute assignment and not an assignment I"or additional security only. If Lender gives notice of breach to Borrower: la) all rents rcccivod by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; Ib) l~xtder shall be entitled to collect and receive all of the renb of the Property; and (c) each tenon[ of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lcnd~7 s written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and wilt not perfornt any act that would proven[ Lrnder from exercising it. rights under this paragraph 17. Lender shall not be requited to enter upon, take control of or maintain the Property hcf'orc or after giving notice of breach to Borrower. However, Leader or a judicially appointed receiver may do so at any time there is a breach. Any application of rants shall not cure or waive any default or invalidate any other tight or remedy of Lender. Phis assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. l8. Forecbsure Procedure. If lender requires immediate payment in full under paragraph 9, bender may foreclose Ibis Security Instrument by Judicial proceeding. lender shall he entitled to collect aU expenses incurred is pursuing the remedies provided in this paragraph 18, including, but not limited to, attorneys' fees and costs of title evidence. if the Lender's intertist in this Security lastrument is held by the Secretary and the Secretary requires immediate payment itr full under Paragraph 9, the Secretary may invoke cite nonjudicial power of sale provided in the Single Famih• Mortgage Foreclosure Act of 1994 ("Act") (12 L.S.C. 3751 et seq.) by requesting a foreclosure commissioner dettianated under the Act to commence foreclosare and to sell the Property as provided in the Act. Nothing In the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this Paragraph 18 or applicable law. t9. Release. Upon payment of all sums secured by this Security Instrument, thir• Security ln.ttuntent and the txtate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any ra:ordation costs. 20. Waivers. Borrower, to the extent permitted by applicable law, waivers and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present ar future lawn providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homptead exemption. 21. Reinstatement Period. Borrower's time to reinstate provided in paragraph 10 shall extend to one hour prior to the commatccrncnt of bidding at a sheriff, sale or other sale pursuant to this Security Inatrtunent. 22. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to [3orrower to acquire title to the Property, this Security inctrumcnt shall be a purchase money mortgage. Z3. Interest Rate After Judgment. 8orrowcr agree, that the intcnwt rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall bet the rate payahle from time to time under the Note. ~~RIPAl 105081 Inaiek: oepe 7 of 9 8~i996~G0093 24. Riders to this Security Instrument. It' one or more riders are executed by Borrower and recorded rogether with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and suppMment the covenants and agreements of this Security ]nstrument as if the rider(s) a part of this Security Instrument. [ k applicable box(es)]. _ Condominium Rider iJ Growing Equity Rider !~ Other [specify] ~~~JJJ Planned Unit Development Rider 0 Graduated Payrrtent Rider BY SIGNING BELOW, Borrower accepts and agrees ro the terms contained in This Security Instrument and in any rider(s) executed by Borrower and record with it. Witnesses: (Stall il~71TTR$M 13 igl-T33R8 -Borrower - (Seal) -t~lmtwlY . (Seal) -&xtcrwcr . (Seal) -ttormwrr - (Seal l (Seal) -Burry W L7 -t~irroN•Cr - (Seal ) -t~tmwer -4p{PA1 <osae; Poos a or s -(SCaI) -Borrower Blt { 99€~~G0094 COMII~ONWEAI.TH ON PF,NNSYLVA,~iIA, C-~l~-~j-e~' ~ ~nC~ Coonh• ss: On this, 14TH day of Jt7NS 2007 ,before me, the undersigned officer, personally appeared MATTHEFI B 1PATHRB known to me (or satisfactorily proven) to be the pcrsonfs) whose name is/are subscribed to the within instrument and acknowledged that he/she/thcy executed the same for the purposes herein contained. 1N WITNESS WH8RC01', I hereunto set my hand and olliciat seal. My Commission Expires: (y{ ~r• ~ r oZOl1 NOiARtAt, >iE/-t tiARA K il'ONgRA1tER liolon PueMc DILLg11RR ~OROYfitl, YORK CONNIY hly COIMQ111NOr1 Mor tl, 2011 ~C~.t~. '1-...~ U4Y~1t~~-~`~- N okot~~ ~~bl~ c Certit7cste of Residence I' , do hereby certify that the correct address of the within-named Lender is P.O. 80X 11701, NSItA1tR, NJ 071014701 Wimess my hand this 14TH day of JUNG 7 Agent o! l.~rrdrr -4RlPA1 tosoe~ Paps 9 ae 9 INpab' BK199~PGO~J95 • ~ C~VESTOGA TITLE INSURANCE Cam. SCHFDt;LF "C" Commitment Vo. 66000385 l=ile No. CTIC-14407 I.H;CAL DESGRIPTIONI ot•L s!W! CaASS-ZM t;saa! of lead sit:~es ie the sows•tw,P of tt+il~at~ 9ptett~• mur-ti- e! •NsberRvlb tiled tReace of PiN-•j-lrp-la. >bOMN10•d ss~d d••0z'3aCp o• •1~o~1La~r•. to uric : . • a-s a poitvt: oa eio •stt>ar: of loe Asa tad o taus-de-e•0 at the ead tit stealt~ tiiae. as . r11s~A1 i~ the 6as'ainsttes wa-tt+owsd >Pi•u of rot• ~ laeN•s s3ong •sid 1~ot •~. boitcA .eigho .li) degs.3•o Essay+~oss -otI t~tfttN. 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I=CJ aaowrda' ware, a•e hwdtrsd 113aaly- aAe ewttteyr-tom irrtaisadtlae ~ ttl0.la1 #etzt eo a tASE11C oa !eM aster at set: 1d3. •e r>I~oMS 34 !~ !W'~taaECat'aN~Ciessd !Ln Ot ~~r .CII•MOl~ aleafg eatLt! •e'.x N2. Mbecb lilgr•oi~ tN1.• swZw Ilse •iLn~iei~•• p•e. ese halitead EiEer t1i0! :1!Me to s potet; . ait: Ae rsuelt •sts of •LOeeuoa'ti!i: ~•ahe++o:d-71 the bassia~ittie.was~laQ P3ie•'o~:LNSr •~iAass a1sAd "aiia'>row.s sstie.:.•a~ie>b: ti~su=y-tllilt~se' t»1 dpt+is••~~ ioii>reya3grt=:taa>t atl`autee• .~; ~. e>iiso. ~:e~a. • ~ t~uet-ttv. iw~-e~ree~.• tss.~s- t..e••eo ~o pow a1 iii. . eol-~i••ea sw a •eriha=llr diswetia•. aw a ease to t:>he isle. bwl~! •i aifw of pw+ae-ey•tiw t~sti tNe. •w am •sr s~•s•so• o[ .aA! >daa+s~eiie s3t'~r-on• aM erMey.ehs~ ~•t~ess.»1 toss to a ptl,oe eA~•ani atanes o! t~+oa ttas etssrsasd. ~: •PZaa• v! iio~1-o: , •a0t#t1-satro•:-:rJ ~aasss• •es~e as 1Nn.'.IMeisp LO! •, i 9S . ie ,C-y: t-4b~tr tesaa si'.a. oC Ytatq ~• sitei~': ths+se, ti~lttiYwe . i ~ •ei$ ~. •s •tiillo~n~ iii'e>be Oifaa• eoofc~ ai:' t~~ l; .hn:t~ eieaeda4:.iw~~eh. ttiiA~isl•eid t~oi~sey asootzestri Ottl3ee. ~ .. - - :., ~ . - BEING TI•IE SAML PREMISES which Joshua D. Massie and Nichole L. Massie, his wife by Deed dated 3!?4/98 and recorded 4/6/98, in the Offiee of the Recorder of Deeds for Cumberland County, Pennsylvania, in Book 174, page 1018, granted and conveyed unto Joshua D. Massie and Nichole L. Massie, husband and wife, their heirs and assigns. ~I~194f~ Pis- ~ VERIFICATION Joel A. Ackerman, Esquire hereby states that he is attorney for Wells Fargo Bank, NA 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 he is authorized to make this verification pursuant to Pa. R. C. P. 1024 (c) and that the statements made in the foregoing pleading in the Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is the undersigned's intention to substitute verification from Plaintiff as soon as it is received by counsel ~.,~. The undersigned understands that this stateme~it is ~iade~~ec~ to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to Dated: Scott A. tteric~k; Esquire;~R~I.D. #55650 Kimberl A Bonner, Esquire; PA I.D. #89705 Joel A. A rman, Esquire; PA I.D. #202729 Attorneys for Plaintiff Zucker, Goldberg & Ackerman, LLC XFP-144008 SHERIFF'S OFFICE OF CUMBERLAND COUNif R A d R z © rn- n erson onny nrl ..< MC) Sheriff c C4 Jody S Smith .. Chief Deputy a `? + Richard W Stewart M Solicitor Wells Fargo Bank, N.A., Case Number vs. Matthew E. Waters 2010-71 38 SHERIFF'S RETURN OF SERVICE 11/18/2010 04:32 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on November 18, 2010 at 1632 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Matthew E. Waters, by making known unto himself personally, at 18 S. Locust Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. RONALD HOOVER, DEPUTY SHERIFF COST: $37.00 November 19, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF .C Oounfy5uite Sher:t Teie?osoft. L':: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA, Plaintiff vs. Matthew E. Waters CIVIL DIVISION n G c> ?n rnp M- No.: 10-7138 -,r- ?? ?o o ISSUE NUMBER: r-? -< CD w , z-n >r-) ?. zr C )-n TYPE OF PLEADING: Da = °m PRAECIPE FOR DEFAULT JUDGMENTS (Mortgage Foreclosure) Defendant(s). I Hereby certify that the last known address of Defendant(s) is/are: 18 South Locust Lane Mechanicsburg, PA 17050 Aw ril. 4'06&llillliZ Attorney for Plaintiff FILED ON BEHALF OF: Wells Fargo Bank, NA Plaintiff COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire- Pa I.D.# 55650 Kimberly A. Bonner, Esquire- Pa I.D. #89705 Joel A. Ackerman, Esquire- Pa I.D. #202729 Ashleigh L. Levy, Esquire-Pa I.D. #306799 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500 Atty File No.: XFP-144008 Q IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA, vs. Plaintiff, Matthew E. Waters Defendants. CIVIL DIVISION- LAW NO.: 10-7138 PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY SIR/MADAM: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendant(s), Matthew E. Waters, in the amount of $117,241.23 which is itemized as follows for failure to file an Answer: Principal Interest through 12/01/10 Attorneys' Fees Title Search & Costs Late Charges Escrow Pro Rata MIP / PMI Other TOTAL plus interest on the principal sum ($106,170.35) frc month, plus additional late charges, and costs (inch attorneys' fees and costs and for foreclosure and sa ZUCKER, BY: $106,170.35 $6,204.33 $1,250.00 $2,500.00 $ 72.54 $ 907.47 $ 86.04 $ 50.50 $117,241.23 10, at the rate of $564.03 per row advances), additional premises. ERMAN, LLC Dated: December 28, 2010 Scott . let c re PA I.D. #55650 Kimbe ly Bonner, Esquire; PA I.D. #89705 Joel A. kerman, Fsquire; PA D,#202729 Ashleigh L. Levy, Esquire; PA I.D. #306799 Attorneys for Plaintiff XFP- 144008/pn 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com Zucker, Goldberg & Ackerman, LLC XF P-144008 AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Scott A. Dietterick, Esquire, Kimberly A. Bonner, Esquire, Joel A. Ackerman, Esquire, Ashleigh L. Levy, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendant is not in the military service of the United States of America to the best of his/her knowledge, information and belief and certifies that the Notice of Intent to take Default Judgment was mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies. ?i '- „'7? ZU N, LLC By: Scott ietternc , Esq , PA I.D. #55650 Kimb A. Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Levy, Esquire; PA I.D. #306799 Atty File No.: XFP-144008 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 Email: Office@zuckergoldberg.com (908) 233-8500; (908) 233-1390 FAX Sworn to and subscribed before me S -?,o day of December, 2010 Ndtarv Public My Commission Expires: E WA D J. SG'FWA L I1 Comrmissio,n # 2383239 Notary Public, State of 'New Jersey My ComrfiissiprrE,xpi?is's Marc qA ,`P@1:4- Zucker, Goldberg & Ackerman, LLC XFP-144008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA CIVIL DIVISION Plaintiff, NO.: 10-7138 vs. : Matthew E. Waters Defendant. NOTICE OF ORDER, DECREE OR JUDGMENT TO: Matthew E. Waters ( ) Plaintiff (X) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ?awkavuk ( ) A copy of the Order or Decree is enclosed, or (X) The judgment is as follows: $117,241.23 plus interest on the principal sum ($106,170.35) from December 2, 2010, at the rate of $564.03 per month, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Zucker, Goldberg & Ackerman, LLC XFP-144008 c-? SHERIFF'S OFFICE OF CUMBERLAND COU44 o o rl ' = A ` Ronny R Anderson Z r" ter m Sheriff Nw of Cu+nbrry -'C=' O ? L7, Jody S Smith Chi f D t °° a"d Cv ' ?? C) - e epu y v Cy ° = n Richard W Stewart y.? % D °M Solicitor OFFICE OF TK SwERIFF ? N D Wells Fargo Bank, N.A., VS. I Case Number . Matthew E. Waters 2010-7138 SHERIFF'S RETURN OF SERVICE 11/18/2010 04:32 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on November 18, 2010 at 1632 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Matthew E. Waters, by making known unto himself personalty, at 18 S. Locust Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. RONALD HOOVER, DEPUTY SHERIFF COST: $37.00 November 19, 2010 SO ANSWERS, 6z RON R ANDERSON, SHERIFF ?a'?ou^'Y>une?ne•ui 1e?aor;ofl i^,; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA VS. Matthew E. Waters Plaintiff, Defendant. CIVIL DIVISION NO.: 10-7138 IMPORTANT NOTICE TO Matthew E. Waters 18 South Locust Lane Mechanicsburg, PA 17050 DATE OF NOTICE: 12/16/2010 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth again you. Unless you act within Ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal Help. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • Wells Fargo Bank, NA vs. TO Matthew E. Waters Plaintiff, Defendant. Matthew E. Waters 18 South Locust Lane Mechanicsburg, PA 17050 CIVIL DIVISION NO.: 10-7138 AVlS0EV1ffXMTA1'*TIE FECHA DEL AVISO:12/16/2010 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INN.IEDIATANENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLANE LA OFICINA ABAJO =ICADA PARA QUE LE INFORhfEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. r CMCETODFT +II-D&LAVVVM F"3+lU ALSEX%4CF, Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 ZUCI<EP GOLDS ERG & ACKEIW AN BY A. Diemaridc Scdt A aettrrick, Esquire Attomeys for P1 airniff PA ID- # 55650 200 Sheffield Street, Suite 301 P. 0, Bcx 1024 Mot"ammde~ W 07092-0024 (717) 533-3560 FIRST CIA.SS U S MAIL, PCSTAGE PREPAID 144008 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-7138 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK., NA Plaintiff (s) From MATTHEW E. WATERS (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 $117,241.23 L.L. $.50 Interest FROM 12/2/2010 TO DATE OF SALE -- $6,768.36 Atty's Comm % Due Prothy $2.00 Atty Paid $169.50 Other Costs Plaintiff Paid Date: 11.7/111 Da ' D. Buell, Pro onotary (Seri) By: REQUESTING PARTY: Name: JOEL ACKERMAN, ESQUIRE Address: ZUCKER, GOLDBERG, & ACKERMAN, LLC 200 SHEFFIELD STREET, SUITE 101 MOUNTAINSIDE, NJ 07092 Deputy Attorney for: PLAINTIFF Telephone: 908-233-8500 Supreme Court ID No. 202729 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION Wells Fargo Bank, NA, File No. 10-7138 Amount Due $117,241.23 vs Matthew E. Waters Costs Defendant 3 .. c.. • ?? ? - pl -vim, + e - -- CD TO THE PROTHONOTARY OF THE SAID COURT: N -. " ; The undersigned hereby certifies that the below does not arise out of a retail installment sale, ?efir?dacf account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed . w pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue Writ of Execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s): See Exhibit "A" attached PRAECIPE FOR ATTACHMENT EXECUTION Issue Writ of Attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personality list): and all other property of the defendant(s) in the possession, custody or c4trol Ath i garpi?hee(s). (Indicate) Index this writ against the garnishee(s) as a lis pnde?s ans?t Ho ate of the defendant(s) described in the attached exhibit. i1 ^ N DATE: December 28.2010 19 3"loo CPF N.r10 s a•SO Pd '0 1i09- 0 Od Any GG dta C?!# 0?y?3a pto d!F3 3u Plaintiff, Interest from 12/02/2010 to date of sale $6,768.36 Signature: Jime `-? Print Name:Dietterick, Esquire y A. Bonner, Esquire erman, Esquire Ashleigh L. Levy, Esquire Address: Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 Attorney for: Plaintiff Telephone: 908-233.8500 Supreme Court ID No.: 55650 89705 202729 306799 Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE TOWNSHIP OF SILVER SPRING, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE CORNER OF LOT #93 AND A CUL-DE-SAC AT THE END OF LOCUST LANE, AS SHOWN IN THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG SAID LOT #93, SOUTH EIGHT (8) DEGREES FORTY-FOUR (44) MINUTES TWO (2) SECONDS EAST, FIFTY-ONE AND FIFTY-FIVE HUNDREDTHS (51.85) FEET TO A POINT; THENCE ALONG LINE OF SAID LOT #93, SOUTH THIRTY-FOUR (34) DEGREES TWENTY-ONE (21) MINUTES NINE (9) WEST, ONE HUNDRED FORTY-NINE AND TWENTY-FOUR HUNDREDTHS (149.24) FEET TO A POINT ON THE LINE OF SILVER SPRING TOWNSHIP PARK, AS SHOWN IN THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG LINE OF SAID SILVER SPRING TOWNSHIP PARK, NORTH FIFTY-FIVE (55) DEGREES THIRTY-EIGHT MINUTES FIFTY-ONE (51) SECONDS WEST, SIXTY-FOUR AND EIGHTY- THREE HUNDREDTHS (64.83) TO A POINT ON THE CORNER OF LOT #91, AS SHOWN IN THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG SAID LOT #91, NORTH FOURTEEN (14) DEGREES THIRTY-FOUR (34) MINUTES ELEVEN (11) SECONDS WEST, ONE HUNDRED NINETY AND TWENTY-THREE HUNDREDTHS (190.23) FEET TO A POINT ON THE CORNER OF LOT #82, AS SHOWN IN THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG SAID LOT #82, NORTH FIFTY-SIX (56) DEGREES TWELVE (12) MINUTES EAST, ONE HUNDRED FIFTY (150) FEET TO A POINT ON THE SOUTH SIDE OF LOCUST LANE, AS SHOWN IN THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG SAID LOCUST LANE, SOUTH THIRTY-THREE (33) DEGREES FORTY-EIGHT (48) MINUTES EAST, THIRTEEN ARID FIFTY-FIVE HUNDREDTHS (13.55) FEET TO A POINT ON THE CUL- DE-SAC IN A SOUTHERLY DIRECTION, ON A CURVE TO THE LEFT, HAVING A RADIUS OF SEVENTY-FIVE (75) FEET, AN ARC ARE DISTANCE OF ONE HUNDRED FIFTY-ONE AND TWENTY-THREE HUNDREDTHS (151.23) FEET TO A POINT ON THE CORNER OF LOT #93 AFORESAID, THE PLACE OF BEGINNING. CONTAINING .72 ACRES, MORE OR LESS, BEING LOT #92 IN TILE SUBDIVISION PLAN OF WHITE BIRCH FARMS, SECTIONS 1 AND 2, AS SHOWN IN THE PLAN BOOK 44, PAGE 91, AND RECORDED IN THE CUMBERLAND COUNTY RECORDERS OFF ICE. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 18 SOUTH LOCUST LANE, MECHANICSBURG, PA, 17050. BEING THE SAME PREMISES WHICH JOSHUA D. MASSIE AND NICOLE L. MASSIE, HUSBAND AND WIFE, BY DEED DATED JUNE 14, 2007 AND RECORDED JUNE 15, 2007 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 280, PAGE 2431, GRANTED AND CONVEYED UNTO MATTHEW E. WATERS. TAX MAP NO.: 38-15-1275-047. /uckcr. Goldhxrlt & .-Ac:kimmn. Lf C YIP-I-?4Ugg IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA, CIVIL DIVISION . Plaintiff, NO.: 10-7138 a 7r- -n V S. ; ?co c... __ -7i C) Matthew E. Waters -.s ? Defendant. : ?1-)-) AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank, NA, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 18 South Locust Lane, Mechanicsburg, PA 17050. 1. Name and Address of Owner(s) or Reputed Owner(s): MATTHEW E. WATERS 18 South Locust Lane Mechanicsburg, PA 17050 2. Name and Address of Defendant(s) in the Judgment: MATTHEW E. WATERS 18 South Locust Lane Mechanicsburg, PA 17050 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: WELLS FARGO BANK, NA Plaintiff CUMBERLAND COUNTY ADULT PROBATION I COURTHOURSE SQUARE CARLISLE, PA 17013-3387 4. Name and Address of the last record holder of every mortgage of record: WELLS FARGO BANK, NA Plaintiff 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 7. Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 UNKNOWN TENANT OR TENANTS 18 South Locust Lane Mechanicsburg, PA 17050 UNKNOWN SPOUSE, 18 South Locust Lane Mechanicsburg, PA 17050 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I under and tha=Ion ents herein are made subject to the penalties of 18 Pa.C.S. §4904 relating tb uns o to authorities. ZUCKER ,LLC Dated: December 28, 2010 BY: LA _ Scott A. D tterick, squire; PA I.D. #55650 Kimberly Bonner, Esquire; PAID. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Levy, Esquire; PA I.D. #306799 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 File No.: XFP-144008 (908) 233-8500; (908) 233-1390 FAX E-mail: Office@zuckergoldberg.com Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE TOWNSHIP OF SILVER SPRING, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE CORNER OF LOT #93 AND A CUL-DE-SAC AT THE END OF LOCUST LANE, AS SHOWN IN THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG SAID LOT #93, SOUTH EIGHT (8) DEGREES FORTY-FOUR (44) MINUTES TWO (2) SECONDS EAST, FIFTY-ONE AND FIFTY-FIVE HUNDREDTHS (51.85) FEET TO A POINT; THENCE ALONG LINE OF SAID LOT #93, SOUTH THIRTY-FOUR (34) DEGREES TWENTY-ONE (21) MINUTES NINE (9) WEST, ONE HUNDRED FORTY-NINE AND TWENTY-FOUR HUNDREDTHS (149.24) FEET TO A POINT ON THE LINE OF SILVER SPRING TOWNSHIP PARK, AS SHOWN IN THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG LINE OF SAID SILVER SPRING TOWNSHIP PARK, NORTH FIFTY-FIVE (55) DEGREES THIRTY-EIGHT MINUTES FIFTY-ONE (51) SECONDS WEST, SIXTY-FOUR AND EIGHTY- THREE HUNDREDTHS (64.83) TO A POINT ON THE CORNER OF LOT #91, AS SHOWN IN THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG SAID LOT #91, NORTH FOURTEEN (14) DEGREES THIRTY-FOUR (34) MINUTES ELEVEN (11) SECONDS WEST, ONE HUNDRED NINETY AND TWENTY-THREE HUNDREDTHS (190.23) FEET TO A POINT ON THE CORNER OF LOT #82, AS SHOWN IN THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG SAID LOT #82, NORTH FIFTY-SIX (56) DEGREES TWELVE (12) MINUTES EAST, ONE HUNDRED FIFTY (150) FEET TO A POINT ON THE SOUTH SIDE OF LOCUST LANE, AS SHOWN IN THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG SAID LOCUST LANE, SOUTH THIRTY-THREE (33) DEGREES FORTY-EIGHT (48) MINUTES EAST, THIRTEEN ARID FIFTY-FIVE HUNDREDTHS (13.55) FEET TO A POINT ON THE CUL- DE-SAC IN A SOUTHERLY DIRECTION, ON A CURVE TO THE LEFT, HAVING A RADIUS OF SEVENTY-FIVE (75) FEET, AN ARC ARE DISTANCE OF ONE HUNDRED FIFTY-ONE AND TWENTY-THREE HUNDREDTHS (151.23) FEET TO A POINT ON THE CORNER OF LOT #93 AFORESAID, THE PLACE OF BEGINNING. CONTAINING .72 ACRES, MORE OR LESS, BEING LOT #92 IN TILE SUBDIVISION PLAN OF WHITE BIRCH FARMS, SECTIONS 1 AND 2, AS SHOWN IN THE PLAN BOOK 44, PAGE 91, AND RECORDED IN THE CUMBERLAND COUNTY RECORDERS OFF ICE. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 18 SOUTH LOCUST LANE, MECHANICSBURG, PA, 17050. BEING THE SAME PREMISES WHICH JOSHUA D. MASSIE AND NICOLE L. MASSIE, HUSBAND AND WIFE, BY DEED DATED JUNE 14, 2007 AND RECORDED JUNE 15, 2007 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 280, PAGE 2431, GRANTED AND CONVEYED UNTO MATTHEW E. WATERS. TAX MAP NO.: 38-15-1275-047. /ticker. (;oldher« h lckcrntan. I I ( IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA, CIVIL DIVISION Plaintiff, ; vs. NO.: 10-7138 Matthew E. Waters = = Defendant. M ? i p'C L3 C-3 -n NOTICE OF SHERIFF'S SALE x ear, OF REAL PROPERTY PURSUANT TO ?? ` ` - PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 - - Matthew E. Waters 18 South Locust Lane Mechanicsburg, PA 17050 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 06/01/2011 at l 0:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") The LOCATION of your property to be sold is: 18 South Locust Lane, Mechanicsburg, PA, 17050 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 10-7138 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Matthew E. Waters Zucker, Goldberg & Ackerman, LLC XFP-144008 A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: I. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against ,you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. Zucker, Goldberg & Ackerman, LLC XFP-144008 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 1013-338, f presentation of the petition to the Court. ZUCKER ,LLC Dated: December 28, 2010 BY: Scott A. ietterick, squire; PA I.D. #55650 Kimberly Bonner, Esquire; PA.I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Levy, Esquire; PA I.D. #306799 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 File No.: XFP-144008 (908) 233-8500; (908) 233-1390 FAX E-mail: Office@zuckergoldberg.com VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. Zucker, Goldberg & Ackerman, LLC XFP-144008 Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE TOWNSHIP OF SILVER SPRING, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE CORNER OF LOT #93 AND A CUL-DE-SAC AT THE END OF LOCUST LANE, AS SHOWN IN THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG SAID LOT #93, SOUTH EIGHT (8) DEGREES FORTY-FOUR (44) MINUTES TWO (2) SECONDS EAST, FIFTY-ONE AND FIFTY-FIVE HUNDREDTHS (51.85) FEET TO A POINT; THENCE ALONG LINE OF SAID LOT #93, SOUTH THIRTY-FOUR (34) DEGREES TWENTY-ONE (21) MINUTES NINE (9) WEST, ONE HUNDRED FORTY-NINE AND TWENTY-FOUR HUNDREDTHS (149.24) FEET TO A POINT ON THE LINE OF SILVER SPRING TOWNSHIP PARK, AS SHOWN IN THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG LINE OF SAID SILVER SPRING TOWNSHIP PARK, NORTH FIFTY-FIVE (55) DEGREES THIRTY-EIGHT MINUTES FIFTY-ONE (51) SECONDS WEST, SIXTY-FOUR AND EIGHTY- THREE HUNDREDTHS (64.83) TO A POINT ON THE CORNER OF LOT #91, AS SHOWN IN THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG SAID LOT #91, NORTH FOURTEEN (14) DEGREES THIRTY-FOUR (34) MINUTES ELEVEN (11) SECONDS WEST, ONE HUNDRED NINETY AND TWENTY-THREE HUNDREDTHS (190.23) FEET TO A POINT ON THE CORNER OF LOT #82, AS SHOWN IN THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG SAID LOT #82, NORTH FIFTY-SIX (56) DEGREES TWELVE (12) MINUTES EAST, ONE HUNDRED FIFTY (150) FEET TO A POINT ON THE SOUTH SIDE OF LOCUST LANE, AS SHOWN IN THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG SAID LOCUST LANE, SOUTH THIRTY-THREE (33) DEGREES FORTY-EIGHT (48) MINUTES EAST, THIRTEEN ARID FIFTY-FIVE HUNDREDTHS (13.55) FEET TO A POINT ON THE CUL- DE-SAC IN A SOUTHERLY DIRECTION, ON A CURVE TO THE LEFT, HAVING A RADIUS OF SEVENTY-FIVE (75) FEET, AN ARC ARE DISTANCE OF ONE HUNDRED FIFTY-ONE AND TWENTY-THREE HUNDREDTHS (151.23) FEET TO A POINT ON THE CORNER OF LOT #93 AFORESAID, THE PLACE OF BEGINNING. CONTAINING.72 ACRES, MORE OR LESS, BEING LOT #92 IN TILE SUBDIVISION PLAN OF WHITE BIRCH FARMS, SECTIONS 1 AND 2, AS SHOWN IN THE PLAN BOOK 44, PAGE 91, AND RECORDED IN THE CUMBERLAND COUNTY RECORDERS OFF ICE. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 18 SOUTH LOCUST LANE, MECHANICSBURG, PA, 17050. BEING THE SAME PREMISES WHICH JOSHUA D. MASSIE AND NICOLE L. MASSIE, HUSBAND AND WIFE, BY DEED DATED JUNE 14, 2007 AND RECORDED JUNE 15, 2007 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 280, PAGE 2431, GRANTED AND CONVEYED UNTO MATTHEW E. WATERS. TAX MAP NO.: 38-15-1275-047. /ticker. G )WK-m & .Ackerman. I.L( X Ff'-1-44f I(18 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARGO BANK, NA, Plaintiff, VS. E. Waters Defendants. : CIVIL DIVISION : NO.: 10-7138 rn c 3 ` U, _ a 7 D n - c r n MOTION TO CANCEL MOBILE HOME TITLE PURSUANT TO 75 Pa.C.S. § 1140 ?ND NOW, comes the Plaintiff, Wells Fargo Bank, N.A., by and through its attorneys, Zucker, Goldberg & Ackerman, LLC, and files this Motion to Cancel Mobile Home Title to 75 Pa.C.S. § 1140 as follows: 1 ? Plaintiff by Complaint, instituted foreclosure proceedings at the above-captioned term and number ("Complaint") against the Defendant's real property located at 18 South Locust Lane, Mechanicsburg, PA 17050 and as more particularly described in Plaintiffs Complaint Premises"). Situated on the Mortgaged Premises is a mobile home, with an unknown ("Mobile Home"). Said Mobile Home is permanently attached to a concrete and has two additions built off of it. 3 Plaintiff s Mortgage (as defined in the Complaint) is a first priority mortgage lien against the Mortgaged Premises and all improvements erected thereon. A true and correct copy of a recent title report for the Mortgaged Premises is marked Exhibit "A", attached to Plaintiff's Complaint, and made a part hereof by reference. Under Pennsylvania law, a mobile home is personal property, separately titled from * real property on which it is located, unless a mobile home is permanently affixed to the real property, and the title can be cancelled, pursuant to 75 Pa.C.S. § 1140. Then, it is an improvement to the real property upon which it is located. Upon Plaintiff's inspection of the Mobile Home, it appears that the Vehicle Number for the Mobile Home has been removed. The mobile home is permanently affixed to the land, as it has a concrete and two additions, as evidenced by the appraisal attached hereto and made a part hereof a$ Exhibit "A." Plaintiff believes and therefore avers, that no title exists for the Mobile Home. Consequently, Plaintiff believes that it is entitled to have title to the Mobile Home deemed to be cancelled. Defendant, and the Commonwealth of Pennsylvania Department of have been served with this Motion and have the opportunity to be heard on the issue of title to the Mobile Home. The interest of Plaintiff pursuant to its Mortgage will be greatly prejudiced if title to the Mobile Home is not deemed cancelled, since the loan made by Plaintiff to Defendant was based, i# part, upon the value of the Mobile Home permanently affixed to the Mortgaged and it would cost significant sums for Plaintiff to remove the Mobile Home from the foundation. 11. No other parties will be prejudiced by the relief requested in this Petition because no title t? the Mobile Home appears to exist, the Mobile Home, due to its permanent foundation, cannot removed from the Mortgaged Premises as a separate item of personal property and no numbers for purposes of title remain on the Mobile Home. RE, Plaintiff respectfully request that this Honorable Court deem title to the Mobile 1140 permanently affixed on the Mortgaged Premises and pursuant to 75 Pa.C.S. § the title cancelled. Respectfully Submitted: Dated: ZUCKER, GO DBERG & ACKERMAN, LLC I BY: 1 Scott . Dietterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Ralph M. Salvia, Esquire; PA I.D. #202946 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Exhibit "A" THE APPRAISAL FIRM 4417964035 THE APPRAISAL FIRM 4417964035 File No. 50329920 i I I SHELLEY B AR W. 7179728330 WELLS FAR BANK, NA: 032640 5201 JONES OWN RD. HARRISBUR G, PA 17112 File Number 50328520 In accorda ce with your request, I have appraised the real property at: 16 S LOCUST LANE MECHANICSBURG, PA 17050 The purpose of this appraisal is to develop an opinion of the market value of the subject property, as improved. The prope ty rights appraised are the fee simple interest in the site and improvements. In my opini n, the market value of the property as of MAYZ4,2007 is: $125,000 ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS The attach ed report contains the description, analysis and supportive data for the conclusions, final opini n of value, descriptive photographs, limiting conditions and appropriate certifications. -" a /y Caw'? BETTY MCC NNELL 19 WEST MAIN STREET, MIDDLETOWN, PA 17067 717-944.0821, FAX 71744"M LIMITED SUMMARY REPORT 4417984035 Manufactured Home Appraisal Report Fie No. 50328520 The purpose of this summery appra' al report is to provide the lenderlckent with an accurate, and adequately supported, opinion of the market value of the subject property. Property Address 18 S LOCUST NE City MECHANICSBURG State PA Zip Code 17060 Borrower MATTHEW WATER Omer of Pubic Record JOSHUA D. MASSIE county CUMBERLAND Legal Description DEED BOOK D PAGE NUMBER: 00174-01018 Agar's Parcel / 38-15-1275-1 47 Tax Year 2000 R.E Taxes $ 1445 EST. hborhood Name WHITE BIR H FARMS Ma Reis 8-E-07 ADC MAPS Census Tract 0118.013240 Oompent X Owner Tenarrt a Other describe ?cooperabv 7) Vacard Project Type (it applicable) PUD 1 aninium Special Assessments $ NONE HOA $ NONE Llpery"r r month Pro R X F Simple Leasehold Other describe AssignmentType X Purchase T n Ragnance Transaction Otter (describe L.enderlcieid WELLS FARGO NA: 032840 Address 5201 JONESTOWN RD., HARRISBURG PA 17112 Is the property subject currently of Report date source(s) used, offering for safe or has f teen offered for sale In the twelve months prior to the etlectla date of iris appraisal? X Yes No w1ce(s), and date(s). SEE ATTACHED ADDENDUM Manufactured homes located in elthe Cohdartdum Unk afsd Report a condominium or cooperative project require the appraiser to Inspectthe project and complete the Project Information section of the Individual r the Individual Cooperafm Interest Appraisal Papod and attach Ras an addendum m this reporL X did did not we" the SEE ATTACHED ADDENDU ntrad for sWle for the subject purchase trensactillon. Explain the results of the analysis of the contractto sale or why the analysis was not performed. _ Contract Prla $ 1261000 Data at co tractOSW2007 Is the property sailor the owner of pubic record? X Yes No Data Sources COURTHOUSE HOUSE is there any tnandal assistance (low N Yes, report the total dollar amount • SELLER. charges, sale concessions, girt or ?xnpayment assistance, etc.) to be paid by any party on behalf of the bovowef? Yes M d describe the items to be paid. $0 NO FINANCIAL ASSISTANCE IS BEING PROVIDED BY THE I did X did not analyze the ADDENDUM anufacturer's invoice. Explain the resuts of the analysis of the manafaclurer's Invoice or why the analysis was not performed. SEE ATTACHED Retailer's Name (Now Construction) I NOT AVAILABLE Muter Raw aed the rshsial of tinbodhood are not sectors. Lawton Urban X Sudwr n Rural property Values X increasing Stable Declining PRICE AGE One-Link 40% Bui" Over 75% X 25-75 Under 25% DemandiSupply Shorm X In Balance Over Supply 0 24 Unit % Growth X Stable Slew Markel. Tine Undo 3 mths 3A mths X Ovo a mths 25 Low 0 Multi-Farm % Neighborhood Boundaries SEE A ACHED ADDENDUM 175 High 50 Canmercfal % 100 Pred. 0.25 Other VAC 60% Neighborhood Description SEE A ACHED ADDENDUM MarketCondillons (Including support for the above conclusions) SEE ATTACHED ADDENDUM Dimensions REFER TO DEED Area.72ACRE Shape IRREGULAR RECTANGLE view AVERAGE S Zon Clasal atan RESI _ DENTIAL Zo* n SEE ATTACHED ADDENDUM Zoninonce X L al Is to highest and best use of the sul at Noncadaml Grandfaflrerod Use No ZoN I describe fact property as Itrproved (o as proposed per pk mus and specifications) the present use? ?X Yes ? No It No, describe UNINIM Pubta Other (CIO WJW Public Other (descrilleall Off-site Improvannants-Type, Phbte Private Eledd X Water X ON SITE Street ASPHALT X Gas 11 0 FEWA Special Flood Hazard Area SSanitary Sewer X ON SITE Ali NONE Yes [X ]No FEMA Flood Zone ZONE 'C' FEMA Mop A 420370 00108 FEWA Date06102N983 Are the i>IMies and of-site krprove nts typcel for the market area? X Yes ? No H No, describe Is the site sae, shape and ttpogra generally conforming to and acceptable in the market area? X?Yes ? No If Na, explain Is there adequate vehicular access the subject property? Y Yes ? No II No, describe le the street property mairrmkred? X Yes ? No H No, deschibe Are there any adverse sae conditions or external factors (easements, enaaeohmeals, environmental conditions, land uses, ate.)? Yes X No If Yes, describe The HUD Data PghPCorpiance Ca WWI number. The HUD Carthicallon W1081110 Is located on the inferior of the subject and contains, among other things, the manufacturer's name, tradelmodel name, year manufactured and Label Is located on the atanter of each secdiw of the home. Is the HUD Date PtetelCompliance Certtcabs Hamann SEE ATT Wooste skadtad to the dwaling7 Yea X No II Yes, Ida" the location. If No, provide the data source(s) for the HUD Date Platelcompilance ACHED ADDENDUM Is a HUD CaAtcaton Label attached NO HUD CERTIFICATION LA to the sidedor of each section of the dwefmg? Yea X No N No, provide the data source(s) for the HUD Certification Label S's L IS VISIBLE. THE SUBJECT HAS NEWER VINYL SIDING AND HAS BEEN COVERED. - Manufacturer's Serial fts)MN") U KNOWN • HUD Certification Label f?(s NONE Momfactoer's Name UNKNOWN Do the Vdnd, Pad Load, and Theme Tradswiall UNKNOWN Date of Manufacture 1985 Zones meet the minknum HUD requirements for the location of the subject property? ?Yes ? No If No, explain UNKNOWN -••, ••• ••,?, ?• naaxmnerywc an•M ow zxrrn r•racanuoom r....i.. seta rulK: M•hu auo wea+ a i ? ara? UMFrED SUMMARY REPORT 4417964035 Manufactured Home Appraisal Report Fie No. 5(Ki26520 11101 Until; X One one X Poured Concrete Concrete Runners Skirting CONCRETE BLOCK/AVG. Flows HWNIWCT/AVG. 0 of Stodes X 1 2 er Blodr a Pier OlheiatiLdescd Edealor Waft VINYL/AVERAGE wak DRYWALLIAVG. 1 FullBasement Partial Basement Rod Surface SHINOLE/AVO. TrtdFinbh WD/PAINTED/AV. fro s d Sedkns 2 Basement Area 0 . it Gutters d Downspouts ALUMlAVG. Bads Floor CARPET/AVG. Other Basement Finish 0% Window T THERMALSIAVG. Bsihmillacot F/GLASS/AVG. X Det Att. IEnd Urdt Outside r:nwmA Sum Pump Storm SeshAnsufated NONE Car Storage None X Pro nderConst. Evidenced infestation ScreemaYE5 X ddcas2CARS Year Suit 1965 E ffective Ana rs 20 Dam anew Settlement Doom6PANEL/AVERAGE DrIlkwary Surface STONE Attic X Nona Hem X FWA Hw68 Radiant Amenities WoodStov s S Garage rd Cars Drop Star F-I Stars Other Fuel OIL Fir ces i Fence Ca • d Cars Fbor Sarttl C X Central At Coditian X PsAwDeck DECK ttached Demched Porch E) Finished Indhiduat Other Pool lttin Other u , Appliances ratty X Ran Oven X D'sh short I tticrovrave Wesha r Other describe Finished area above grade contain : 7 Rooms 3 Bedrooms 1.50 Babas 1,324 Square Feet of Gross Uvtn Area Above Grade Describe any addlions or modicalki is (decks, roorrs, remodeling, dc) SEE ATTACHED ADDENDUM Installer's Name WA Dole Installed WA ModelYear 1965 Is the manufactured home athached a permanent foundation system? (k )Yes No It No, describe the foundation sytem and the manner of atpchment. Have the towing hfklr, wheels, and a des been removed? ?X Yes ? No II No, explain • Is the manufactured home permanen tly commeded to a septic tank or sewage system and other utiiles? ? Yes ? No If No, explats Does the dwelling have sufficient gra as living area and room dimensions to be acceptable to the market? (X ]Yes No II No, explain Additional features (special energy a klent lams, non-realty items, etc,) SEE ATTACHED ADDENDUM The appraiser must rate the quality, Handbooks o other !shed cost construction for the sutrjed unit based on objective criteria (such as N.A.D.A. Manufactured Housing Appraisal Guide, Marshal E Swift Residearfal Cot service . The a raiser must also report the source used for this quality of construction rating determination. O Poor Fair X ver a Goad Excellent Iderift source of ua ratio Dasraibe the condition of the propert i (including needed repairs, deterioration, renovations, remodeling, ew.). SEE ATTACHED ADDENDUM Are there any physical deWencies o adverse conditions that affect the ivabesy, soundness, or structural Integrity of the property! Yes 4)N. ti Yes, describe Does the property generally conform the neighborhood (functional ub ft, *is, coalition, use, construction, etc.)? ?X Yes ? No H No, describe Provide adequate irrionref bur for the lenderklerd to replicate the below oat figures and calculations. Support for the option of sire value summary of comparable land sales or other methods for estimating site value) SEE ATTACHED ADDENDUM ESTIMATED REPRODUC ION OR REPLACEMENT COST NEW Source of cost dam Effective data of cost data quay from cost sw*o OPINION OF SITE VALUE $ 35,000 Exterior Olmensions of tM Subject Unit Section One 1,324 L IL S $ 0 x . ft. Section Two .IL $ $ x . ft. Section Three . IL $ S x . ft. Section Four __ . Rte. S $ x sq. ft. $ Total Gross LM Area: 1,324 . R. $ Odwr Date Wentitication $ NADA. Dam Identllcstion Irdo. £dlon Mo: Yr. Sub-totai: S 0 MH Sots: TRegion: Size: it x It Cod Multiplier (d applicable): x Cray pg. I White . Bieck SVS . Modified Sub-total: 0 15 years and older Conversion Chart pg. Yellow . Plhyaic? Depreraton or Condition Modiler: 0 Comments Funclonat ce (not used for NA.DA.): Botemal Da eciaton or Starts Location Modfler: _ Delivery, Iratsi , and Setup (not used for NA.DA.): $ err Deprecided Sle improvements: g --- --- - -- ---- -- - -- Market Value Subject Me (as supported above): $ 85,000 Indic d Value by Cost Approsck $ 35,000 Estimated Remain' Economic Ltie (HUD and VA on 30 Years Summary of Cost Approach DUE O THE SUBJECT HAVING F RAME TWO ADDIT IONS AND BEING COMPLETELY REHABBED ON THE WTERIOR AND EXTERIOR, THE COST APP OACH FOR MANUFACTURED HOUSING IS NOT APPROPRIATE. THEREFORE THE COST APPROACH CAN NOT BE DONE WrrH ANY DEGREE F ACCURACY. ram rva omen male naeutel WnaAO Om 2>ter2l rrM..rM.e..an Fall. arr.. F.- =4c rime 70 as v"?"ro.°? a i wow memo LIMITED SUMMARY REPORT 4417964035 Manufactured Home Appraisal Report File No. 50328520 There are 0 comparable rtles currently offered for sale In the su ect hborhood re kiin price from S 100,000 to $ 250,000 There are 1 com saky. in the sub d ne hborhood within the past tweMe months is in In sale take from $ 100.000 to s 250,000 FEATURE S ABJECT COMPARABLE SALE NO. i COMPARABLE SALE NO.2 OOMARABLE SALE NO.3 18 S LOCUST LANE Address MECHANICSBURG 357 SHERWOOD DRIVE MECHANICSBURG 106 N. LOCUST LANE MECHANICSBURG 604 S. SPRING GARDEN STREET CARLISLE Proximity to Su 4.1 MI SSE 4.56 MI N 9.5 MI WSW Sale Price $ 125,000 S 128,500 S 108 SOD S 126000 Salo WkxGroas W. Area $ 94.41 . R S 67.49 . f , .::..'. ,-.. s $ 87.77 . it H1 IMMMIJUNRI S 7850 . ff. Manufactured Hone X Yes No X Ym No X Yes No Dad Soutca s COURTHOUSE RECORDSIMLS COURTHOUSE RECORDSIMLS COURTHOUSE RECORDSIMLS Verifiraticn Source(s) rxeg-+ . VALUE ADJUSTMENTS DE CRFrnON DESCRIPTION -s DESCRIPTION y-)soeYm..n DESCRIPTION H•)4Aquw,en Sale or Financing FHA CONVENTIONAL CONVENTIONAL Concessions 86 DOM 98 DOM 74 DOM Dad of SaWTine 10/30/06 01127/2006 1111=2008 Location SUB BAN SUBURBAN SUBURBAN SUBURBAN LessehokgFee B FEE SI IMPLE FEE SIMPLE FEE SIMPLE FEE SIMPLE Sirs .72AC E 1.18ACRE NOADJ. .46 ACRE NO ADJ. .93 ACRE NO ADJ. View AVERA GE AVERAGE AVERAGE AVERAGE Desion (SW) HOME MOBILE HOME MOBILE HOME MOBILE HOME Quality of Construction ACTURED MANUFACTURE) MANUFACTURED MANUFACTURED Actual a S 11 YEARS NO ADJ. 21 YEARS NO ADJ. 8 YEARS NO ADJ. Condition AVERA GE AVERAGE AVERAGE AVERAGE Above Grade I BM *1 erns Tar ft- Bare Taw B. msi Bub Roan Count 1.50 8 4 290 -1,500 5 2 200 -1,500 6 3 200 -1,500 Gross Lmy Aroa5.00 1324 . tt 1904 . tt - 800 1.120 s q. It. +1,020 1,685 54 fL -1305 Basesad 8 Finished Rooms Below Grade WA SPACE NONE WA +2,000 NONE NIA +2,000 CRAWL SPACE WA NO ADJ. Functional AV GE AVERAGE AVERAGE AVERAGE Hass ooti FW _ NTRAL FWAICENTRAL FWAICENTRAL FWAICENTRAL Energy Efficient tens THERE PANES SIMILAR SIMILAR SIMILAR • Garsge;Carpod OFFS . PARKING 2 CAR CARPORT 4,500 OFF ST. PARKING OFF ST. PARKING PorddPafioMeck DECK DECK DECK NONE +1,000 Net udmad + X- S 3,900 X + S 1,520 + 7X- $ 1806 Adjusted Sole Price of abbe Net Adj. 3.0% Grces . 8.1% $ 124600 Net Adj. 1.4% Grass. 4.1% $ 111020 Net Adj. -1.4% GmnAdi 3.0% S 124,195 1 X did dkl nctresearch th sale or transfer history of the subject properly and comparable sales. If not; explain research did X did not t Dabsourceo) COURTHOUSE ml any prior sales or transfers of the subject property for the three years prior to the effective date of this appraisal. RECORDS research X did did not r Dad scorce(s COURTHOUSE vead a prior sales or transfers d the corade sales for the year prior to the data of sale of the comparable sale. RECORDS Report the resulls of the research a ITEM a of the prior sale or transfer SUBJECT of the subject property and co COMPARABLE SALE NO.1 robie sales (report additional prior sal COMPARABLE SALE NO.2 es on page 4). COMPARABLE SALE NO.3 Deb of Prim SabITransler OVER 3 YEARS OVER 1 YEAR 1=212005 OVER 1 YEAR Price of Prior galerrnuiskr Dad Source(s) Effective Date of Debt Source Anahpd of priorsale ortranstar hist AND COMPARABLE SALES NIA WA $1 WA COURTHOUSE RECORDS COURTHOUSE RECORDS COURTHOUSE RECORDS COURTHOUSE RECORDS DATE OF THIS APPRAISAL DATE OF THIS APPRAISAL DATE OF THIS APPRAISAL DATE OF THIS APPRAISAL of the subject property and comparable sales, THE PREVIOUS SALE DATE AND TRANSFER AMOUNT FOR THE SUBJECT ARE PER COURTHOUSE RECORDS. THERE ARE NO PREVIOUS CONTRACTS AVAILABLE DETAILING THE CONDITIONS FOR ANY PR K US SALES. Summery of Sales Comparison Appr sch. SEE ATTACHED ADDENDUM Ind orh d vacua Sales Compe Approach $125,000 Weird Vatee b Jr Sates Con" son Approach S 125,000 Coat $ 000 areorrrs Approach a drooloped) 4 This appraisal is made X -as b; ? subled to the folordng repairs Inspection based on the mdraordrna subied to completion per plans and specifications on the basis of a hypothetical condion that the improvenems have been completed, alterations on the bests of a hypothetlcal condition Mat the repairs or afdratlaa< ham been completed, or ?subject to the Idbwirg required assumpdon Mat tha a ndltlon ar denderwy does not require altereaan or repair. SEE ATTACHED ADDENDUM Sased on a complete visual Insp conditions, and appraiser's cert as of 0604r"7 RMerlAretawraB tr.rk2Q6 ection of the Interior and exterior areas of the subject pmpwtA defined scope of wore, stahrwrrt of asswnptions and Itmiting l 1cetfon, my (our) opinion of the market value, as defined, of the real property that is the subject of this report Is $ 125,000 which is Shodate of Inspection and the eflaWwdaft of this sisal. wra®emmra•rs?e am ern ..w.?.,en-.n F. M-Fen R)Mr 2XVI Prao3 d7 iw4c moeaor The Appaleal Fin. Really LIMITED SUMMARY REPORT 4417984035 Manufactured Home Appraisal Report File No. 50328620 Summary of Income Approach QnclwoV support for market rent and GRID control of the t Indicated Value No Toni number of phases Told number of units Total number of units sold Total number of units rented Tobf number of units for sale _ Dab sour s Was the project created the rsw of existing txbpdi into a PUD9 Yea No If Yes date of conversion Does the project contain Iran d udh9 Yp No Dolssour Are the mils, cannon dements, a recreation facilities complete? Yes No It No, describe the steba of completion. Are the common dements based to p by the Homeowners' Assodadon9 U Yes L No d Yes, describe the renfal tema and opdans. Describe common dements and wwc oswaw UMITED SUMMARY REPORT 4417984035 Manufactured Home Appraisal Report Fk No. 5=8520 This report forth is desi unit development (PU inspect the project and Individual Cooperative This appraisal report is assumptions and limiti definition of market val to include arty addition deletions to the to this appraisal report gned to report an appraisal of a one-unit manufactured home; including a manufactured home In a planned ). A Manufactured home located in either a condominium or cooperative project requires the appraiser to complete the project irdorrnation section of the Individual Condominium Unit Appraisal Report or the Merest Appraisal Report and attach it as an addendum to this report subject to the following scope of work, intended use, intended user, definition of market value, statement of conditions, and certifications. Modifications, additions, or deletions to the intended use, intended user, ue, or assumptions and limiting conditions are not permitted. The appraiser may expand the scope of work al research or analysis necessary based on the complexity of this appraisal assignment Modifications or are also not permitted. However, additional certifications that do not constitute material alterations such as those required by law or those related to the appraiser's continuing education or membership in an aWralsal organization, are - perrhitted. SCOPE OF 1NORK. scope of work for this appraisal Is defined by the complexity of this appraisal assignment and the reporting requirements of this appraisal report form, including the following definition of market value, statement of assumptions and limiting conditions and certifications. The appraiser must, at a minimum: (1) perform a complete visual inspection of the interior and exterior art of the subject property, (2) inspect the neighborhood, (3) Inspect each of the comparable sales from at bast the street, (4) re rch, verify, and analyze data from reliable public andVor private sources, and (5) report his or her analysis, opinions, and conclusio ns in this appraisal report INTENDED USE: The intended use of this appraisal report is for the lender/client to evaluate the property that Is the subject of this appraisal fora mor tgage finance transaction. INTENDED USER untended user of this appraisal report is the lender/client DEFINITION OF MARI CET VALUE: The most probable price which a properly should bring in a competitive and open market under all conditions rec uisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue 'mulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are wall informed or well advised, and h acting in what he or she considers his or her own best interest; (3) a reasonable time is allowed for exposure in the open rket; (4) payment is made in terms of cash in U. S. dollars or in terms of financial arrangements comparable thereto; a (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales corK ions' granted by anyone associated with the sale. -Adjustments to the parables must be made for special or creative financing or sales concessions. No adjustments are necessary for those which are normally paid by sellers as a result of tradition or law in a market area; these oosts are readily identifiable since the Iler pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the compare property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the pro or transaction. Any adjustment should not be calculated on a rrneclnaNcal dollar for dollar cost of the financing or comoesslo but the dollar amount of arty adjustment should approximate the market's reaction to the financing or concessions based on appraiser's judgment STATEMENT OF ASS MPTIONS AND UMMNG CONDITIONS: The appraiser's certification in this report is subject to the following assumptions nd limiting conditions: 1. The appraiser will ict be responsible for matters of a legal nature that affect either the property being appraised or the title to it, except for informe don that he or she became aware of doing the research involved in performing this appraisal The appraiser assumes the tiffs is good and marketable and will not render arty opinions about the title. 2 The appraiser has provided a sketch in this appraisal report to show the approximate dimensions of the improvements. The sketch is included only to assist the reader in visualizing the property and understanding the appraiser's determination of its size. 3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) an I has noted in this appraisal report whether arty portion of the subject site is located in an identified Special Flood Hazard Area. use the appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination. 4. The appraiser will oot give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrange to do so have been made beforehand, or as otherwise required by law. 5. The appraiser has noted in this appraisal report any adverse conditions (such as needed repairs, deterioration, the presence of hazardous wastes, I= c substances, etc.) observed during the inspection of the subject property or that he or she became aware of during the research ' tied in perfomning this appraisal. Unless otherwise stated In this appraisal report, the appraiser has no knowledge of any h' or unapparemt physical deficiencies or adverse conditions of the properly (such as, but not limited to, needed repairs, deter' ration, the presence of hazardous wastes, toxic substances, adverse environmental conditions, etc.) that world make the proper y less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or mplied. The appraiser will not be responsible for arty such conditions that do exist or for any engineering or testing that might be r ired to discover whether such conditions exist Because the appraiser Is not an expert in the field of environmental hazards this appraisal report must not be considered as an environmental assessment of the property. 6. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that Is subject to satisfactory completion, repairs, or alterations on the assumption that the completion, repairs, or alterations of the subject property will be performed in a profess nal manner. LIMITED SVMMARY REPORT 4417964035 Manufactured Home Appraisal Report Fie No. 50328520 APPRAISER'S CERTI 1. 1 have, at a mklm appraisal report. 2 1 performed a corn the improvements in fa soundness, or structura 3. 1 performed this ap that were adopted and time ills a raisal CATION: The Appraiser certifies and agrees that m, developed and reported this appraisal in accordance with the scope of work requirements stated in this kite visual inspection of the interior and exterior areas of the subject property. I reported the condition of ctual, specific temps. I identified and reported the physical deficiencies that could affect the livability, l integrity of the property. praisal in accordance with the requirements of the Uniform Standards of Professional Appraisal Practice promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place at the rt was preparod -- pp -- 4. 1 developed my - - non of the market value of the real property that Is the subject of this report based on the sales comparison approach to value. I ad so developed the cost approach to value as support for the sales comparison approach. 1 have adequate comparable market an I cost date to develop reliable sales comparison and cost approaches for this appraisal assignment I further certify that I cor idered the income approach m value but did rat develop it, unless otherwise indicated in this report. 5. I researched, verfi , analyzed, and reported on" current agreement for save for the subject property, any offering for sale of the subject property n the twelve months prior to the effective date of this appraisal, and the prior sales of the subject property for a minimum of three years prior to the effective data of this appraisal, unless otherwise indicated in this report 6. 1 researched, verifi , analyzed, and reported on the prior sales of the comparable sales for a minimum of one year prior to the date of sale of the cc able sale, unless otherwise Indicated in this report 7. 1 selected and comparable sales that are ocationaly, physically, and functionally the most similar to the subject property. 6. I have rat used a sales that were the result of combining a lard sale with the contract purchase price of a home that has been built or ill be built on the land. 9. 1 have reported ustments to the comparable sales that reflect the markets reaction to the differences between the subject properly and the cc arable saves. 10. 1 verified, from a d interested source, all information in this report that was provided by parties who have a financial interest in the sale or financing the subject property. 11. 1 have knowledge d experience in appraising this type of property in this market area. 12. 1 am aware of, a have access to, the necessary and appropriate pubic and private data sources, such as multiple fisting services, tax assesum rd records, public land records and other such data sources for the area in which the property Is located. 13. 1 obtained the Infoi ation, estimates, and opinions furnished by other parties and expressed in this appraisal report from reliable sources that I leve to be true and correct 14. 1 have taken into nsideration the factors that have an impact on value with respect to the subject neighborhood, subject property, and the proxl Tft of the subject property to adverse influences in the development of my opinion of market value. I have noted in this appraisal eport any adverse conditions (such as, but not limited to, needed repairs, deterioration, the presence of hazardous wastes, b substances, adverse environmental conditions, etc.) observed during the inspection of the subject property or that I became awe of during the research Invohrod in performing this appraisal. I have considered these adverse conditions in my analysis of the pr value, and have reported on the effect of the conditions on the value and marketability of the subject property. 15. I have not krwM y withheld any significant information from this appraisal report and, to the best of my knowledge, all statements and Inform in this appraisal report are true and correct. 16. 1 stated in this app ralsal report my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the ass xnpdons and limiting conditions in this appraisal report. 17. 1 have no present or prospective interest in the property that is the subject of this report, and I have no present or prospective personal interest or big with respect to the participants in the transaction. I did not base, either partially or completely, my analysis andfor opt ' of market vakis in this appraisal report on the race, color, religion, sex, age, marital status, handicap, familial status, or natio I origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the prope rties In the vicinity of the subject property or on any other basis prohibited by law. 16. My employment or compensation for performing this appraisal or any future or anticipated appraisals was not conditioned on any agreement or ng, written or otherwise, that I would report (or present analysis supporting) a predetemined specific value, a prede rmined minimum value, a range or direction in value, a value that favors the cause of any party, or the attainment of a speft : result or occurrence of a specific subsequent event (such as approval of a pending mortgage loan application). 19. 1 personalty props ed all conclusions and opinions about the real estate that were set forth in this appraisal report If I relied on significant real pr appraisal assistance from any individual or individuals in the performance of this appraisal or the preparaton of this apr alsal report. I have named such Individual(s) and disclosed the specific tasks performed in this appraisal report I certify that individual so named is qualified to perform the tasks. I have not authorized anyons to make a change to any item in this apprai at report; therefore, any change made to this appraisal is unauthorized and I will take no responsibility for it. 20. 1 iderrNied the /client in this appraisal report who is the individual, organization, or agent for the organization that ordered and will receive this 7 isal report. a„a ryo -- rioao..uncr?ra.on....awawrsrww..awem. Pgaa b 7 1001C_06 M200tf LIMITED SUMMARY REPORT 4417964035 Manufactured Home Appraisal Report Fie No. 50328520 21. The lender/client n my disclose or distribute this appraisal report to: the borrower; another lender at the request of the borrower; the mortgagee or its s rs and assigns; mortgage insurers; government sponsored enterprises; other secondary market participants; data cola n or reporting services; professional appraisal organizations; any department, agency, or instrumentality of the United States; a any state, the District of Columbia, or other jurisdictions; without having to obtain the appraiser's or supervisory appraiser' (d applicable) consent. Such consent must be obtained before this appraisal report may be disclosed or distributed to any othe party (including, but not limited to, the public through advertising, public relations, news, sales, or other media). 22. 1 am aware that y disclosure or distribution of this appraisal report by me or the lendedclient may be subject to certain laws and regulations. Furth r, I am also subject to the provisions of the Uniform Standards of Professional Appraisal Practice that pertain to disclosure distribution by me. 23. The borrower, a r lender at the request of the borrower, the mortgagee or its successors and assigns, mortgage insurers, government sponsor enterprises, and other secondary market participants may rely on this appraisal report as part of any mortgage finance tran action that involves arty one or more of these parties. 24. If this appraisal re Kot was transmitted as an 'electronic record' containing my 'electronic signature; as those terms are defined in applicable al and/or state laws (excluding audio and video recordings), or a facsimile transmission of this appraisal report containing a or representation of my signature, the appraisal report shall be as effective, enforceable and valid as if a paper version of this a ppraisal report were delivered containing my original hand written signature. 25. Any intentional or egligent misrepresentation(s) contained in this appraisal report may result in civil lability and/or criminal penalties Including, bu : not limited to, fine or imprisonment or both under the provisions of Tito 18, United States Code, Section 1001, at seq., or simile state laws. SUPERVISORY AP AISER'S CERTIFICATION: The Supervisory Appraiser certifies and agrees that: 1. 1 directly supervis d the appraiser for this appraisal assignment, have read the appraisal report, and agree with the appraisers analysis, opinions, s , conclusions, and the appraiser's certification. 2. I aocept fill respo ibilily for the contents of this appraisal report including, but not limited to, the appraiser's analysis, opinions, statements, nclusions, and the appraiser's certification. 3. The appraiser ' in this appraisal report is either a subcontractor or an employee of the supervisory appraiser (or the appraisal firm), is quail to perform this appraisal, and is acceptable to perform this appraisal under the applicable state law. 4. This appraisal rep complies with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the A aisal Standards Board of The Appraisal Foundation and that were in place at the time this appraisal report was prepared. 5. If this appraisal re )ort was transmitted as an *electronic record' containing my `electronic signature,' as those temps are defined in applicable al and/or state laws (excluding audio and video recordings), or a facsimile transmission of this appraisal report containing a col y or representation of my signature, the appraisal report shall be as effective, enforceable and valid as if a paper version of this a Vre" report were delivered containing my original hand written signature. APPRAISER SUPERVISORY APPRAISER (ONLY IF REQUIRED) Signature Signature Name BETTY MCOONN Name Company Name THE PPRAMI& FIRM Company Name Company Address 19' WEST MAIN STREET Company Address M IDDLETOWN, PA 1706 ' Telephone Number 7v -0444620 Telephone Number Email Address Email Address Date of Signature and Report 0613 t"7 Date of Signature Effective Date of Appr isal 06x2412007 State Certification # State Certification # R1 ,400666-1. or State License # or State License # State or Other (describe) State # Expiration Date of Certification or License State PA Expiration Data of Car on or License o""7 ADDRESS OF PROPE RTY APPRAISED SUBJECT PROPERTY 18 S LOCUST LANE ? Did not Inspect subject property MECHANICSBURG, PA - 7050 ? Did inspect exterior of subject property from street Date of Inspection APPRAISED VALUE SUBJECT PROPERTY $126pw ? Did Inspect Interior and exterior of subject property Date of Inspection LENDERICUF_NT Name SHELLEY BEYAR W. 717972633o COMPARABLE SALES Company Name WELL FARGO BMW NA.- 032640 ? Did not inspect exterior of comparable sales from street Company Address JONESTOWN RD. ? Did inspect exterior of comparable sales from street HARRISBURG, PA 1711 Date of Inspection Email Address The Appraisal Fur, hi LIMITED SUMMARY REPORT 4417964035 Manufactured Home Appraisal Report Fie No. 50328520 FEATURE ECT CCMIIAARABLE SALE NO.4 COMPARABLE SALE NO.5 COMPARABLE SALE NO.6 18 S LOCUST LANE Address MECHANICSBURG 258 PINE GROVE ROAD GARDNERS 46 PISGAH ROAD SHERMANS DALE 1139 BOWER ROAD SHERMANS DALE Prodmity m SUWACt 17.0 MI SW 112 MI W 10.3 MI W Sale Price $ 125,000 MOIRE $ 118,500 - 5 131 000 - s 155,000 Selo PdaaGrms fJv. Area $ 14,4 all. R $ 87.85 . f t.11 73.10 . R S 72.29 fL= Menulactured Home X Yes Na X Yes No X Yes No Deb Source COURTHOUSE RECORDS/MLS COURTHOUSE RECORDSIMLS COURTHOUSE RECORDSIMLS Verification Source(s) VALUEADIUSPENTS DE CRF-nON DESCRIPTION -SAr .R DESCRIPTION Gi SAdMW..R DESCRIPTION .Gas A4L~ Sale or Financing Concessions n s. _ CONVENTIONAL TSDOM CONVENTIONAL 39DOM CONVENTIONAL 87DOM Deb of SaielTtne 07/21/2008 041212008 0410712008 Location SUB BAN SUBURBAN SUBURBAN SUBURBAN Leasehold/Fee Sri* FEES LE FEE SIMPLE FEE SIMPLE FEE SIMPLE Site .72AC E 1.84ACRE NO ADJ. 1.95 ACRE NO ADJ. 1.57 ACRE NOADJ. View AV GE AVERAGE AVERAGE AVERAGE Design MOBI HOME MOBILE HOME MOBILE HOME MOBILE HOME Qualify, of Constrw;don MANV ACTURED MANUFACTURED MANUFACTURED MANUFACTURED P.A a 22+i-Y EARS 14 YEARS NO ADJ. S YEARS NO ADJ. 7 YEARS NO ADJ. Condition AVERA GE INFERIOR +5000 AVERAGE AVERAGE Above Grade tau a.k T. Brk taw ark rr.r ark Room Count 7 i t 1S0 7 4 2A0 -1,500 B 3 200 -1,500 8 4 250 500 Gross Area5.00 1,324 . it 1,352 . it -140 1,792 . d. -2,340 144 h. -4,100 Basanent 8 Finished Rooms Below Grade CRAW WA SPACE CRAWL SPACE WA NO ADJ. FULL BASEMENT UNFINISHED -2,500 NO ADJ. NO BASEMENT WA +2,500 Functional AVERA GE AVERAGE AVERAGE AVERAGE HeM coB FW ENTRAL FWA NONE + 5DD FWAICENTRAL FWAICENTRAL Energy EBdentItems THE PANES SIMILAR SIMILAR SIMILAR GaragaCarpoft OFFS . PARKING OFF ST. PARKING 2 CARS DET. -4500 2 CARS ATT. -4,500 Pord"oXieck DECK DECK DECK DECK Nat uatma t croup r x] S 5,880 + F x1 $ 10,840 + X1- $ 9800 Ad*MSale Price of Comparobles NdA41. 4.9% Goal . 7.7% s 124380 Net Adf -8.3% Gross-84 8.3% $ 120,160 Net A4. -62% Gross OA% S 145400 ITEM SUBJECT COMPARABLE SALE NO.4 COMPARABLE SALE NO.5 COMPARABLE SALE NO.6 • Dab of Prior Sele/Translar OVER 3 YEARS 03/ 0812008 OVER 1 YEAR OVER 1 YEAR Price of Prior Salelfransfer WA $1 WA WA Dm Somas Eikdive Date of Date Soma COURTHOUSE RECORDS DATE OF THIS APPRAISAL COURTHOUSE RECORDS DATE OF THIS APPRAISAL COURTHOUSE RECORDS DATE OF THIS APPRAISAL COURTHOUSE RECORDS DATE OF THIS APPRAISAL Summary of Sales Comparison AW ,ach wm rw rm awo P.A"W.;AO wo" ewluewwu.u,mmn F..N MN F.. NOW= Sew aAa t CL0508M 4417964435 ADDENDUM FM No. SD328524 Twelve Month Listing THE CENTRAL PENN FIND THE LISTNGISA NUMBERS, MISS SPEL LISTING HISTORY IS AS FIRST RECORDED ENi 05/10/2007 PENDING Analysis of the Sale THE SALES CONTRACT History of Subject Property TI LIST WAS USED TO DETERMINE IF THE SUBJECT PROPERTY WAS PREVIOUSLY LISTED/SOLD AND TO HISTORY. IF THE INFORMATION REGARDING THE ADDRESS IS ENTERED WRONG IE, TRANSPOSED D STREET NAME, THE PREVIOUS LISTINGAALES HISTORY HALL NOT BE ACCURATE =OLLOWS- 04M 1IM7 - $129,9W Contract PPEARS TO BE A TYPICAL. CONTRACT USED IN MANY REAL ESTATE TRANSACTIONS CONTRACT IS NEEDED IS RECOMMENDED THAT LEGAL COUNCIL BE OBTAINED. Analysis of Manufa rer's Invoice MANUFACTURERS INN CE WAS NOT AVAILABLE FOR REVIEW. THE SUBJECT WAS AL DY SET AT ITS CURRENT SITE AND HAS BEEN THERE FOR AN EXTENDED PERIOD OF TIME Neighborhood Bou arias NEIGHBORHOOD BOLK INCLUDE ALL OF SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY. PEIGHBORHOOD ARIES BOUNDARIES ARE DEFINED AS WERTZVILLE ROAD TO THE NORTH. BEARD ROAD TO THE EAST, ROUTE 81 TO THE SOUTH, AND ROUTE 114 O THE WEST. Neighborhood Deser ption THIS AREA LACKS MOSI OF THE AMENITIES OF URBANBUBURBAN DWELLING, INCLUDNG, BUT NOT LIMITED TO PUBLIC WATER AND SEWER THIS S 00 N TO THE AREA AND EXPECTED N THIS TYPE OF NEIGHBORHOOD AND HAS NO ADVERSE AFFECT ON VALUE OR MARKET ITY. THERE IS A COMBINATION OF MOBILE HOMES ON PERMANENT FOUNDATIONS AND STICK BUILT STRUCTURES THIS IS TO THE AREA AND THE VALUE OF THE PROPERTIES N THE AREA REFLECT THIS SITUATION. MOST OF THE HOMES 1 THE AREA ARE DETACHED, SINGLE FAMILY DWELLINGS, SIMILAR TO THE SUBJECT PROPERTY. Market Conditions MARKET CONDITIONS THE SUBJECT'S NEIGHBORHOOD ARE TYPICAL FOR THE AREA. INTEREST RATES ARE BELOW 8% WITH 2 POINTS GENERALLY BE PAID. FHA AND VA FINANCING ARE AN ALTERNATE MEANS OF FINANCING AND COMMON. TYPICAL MARKETING TOM IS BEI EN 3 AND 8 MONTHS, PROVIDED THE HOME IS PRICED PROPERLY WITH NO UNUSUAL FUNCTIONAL PROBLEMS OR ADVERB CONDITIONS THAT WOULD AFFECT MARKETABIJTY. CURRENTLY, SUPPLY AND DEMAND ARE N BALANCE N THIS NEIGH 50PJ40W AS WELL AS N THE SURROUNDING COMMUNITIES. Zoning Description 101 RESIDENTIASING. FAMILY- IF FURTHER CLARIFICATION N NEEDED FOR THIS SPECIFIC ZONING CLASSIFICATION IT IS RECOMMENDED THAT T -E MUNICIPALITY WHERE THE SUBJECT IS LOCATED BE CONTRACTED DIRECTLY FOR ZONING REGULATIONS. THE SUBJECTS LOT SIZE ACREAGE IS TALI FROM THE CUMBERLAND COUNTY COURTHOUSE TAX RECORD CARD INFORMATION AND ASSUMED TO BE RRECT. THE ZONING IS TAKEN CORRECT. M CUMBERLAND COUNTY COURTHOUSE RECORDS TAX CARD INFORMATION AND ASSUMED TO BE HUD Data Plate NO DATA PLATEIOOMPL CERTIFICATE AVAILABLE. R MAY BE THERE, THE APPRAISER CHECKED AND COULD NOT FIND THE CERTIFICATE ON THE RIOR, Additions or ModMic no THE MOBILE HOME HAS ADDITIONS, ONE IS A DINING ROOM AND BEDROOM AND THE OTHER IS THE FAMILY ROOM. THE SUBJECT HAS BEEN FLED AND IS N AVERAGEI GOOD CONDITION ON THE INTERIOR AS WELL AS THE EXTERIOR THE ROOF IS AN ASPHALT ROOF AND THE SIDING IS NEWER VINYL AND THE SUBJECT HAS REPLACEMENT WINDOWS THERE IS A SIX FOOT DEEP CRAWL PACE WITH AN EXTERIOR ENTRANCE. THE SUBJECT HAS A REAR DECK AND HOTTUB. Additional Features THERMAL PANE WINDO DEEP CRAWL SPACE, REAR DECK WITH HOT TUB. DETACHED SHED WITH AN OVERHEAD GARAGE DOOR THE SEED RESEI S A GARAGE, HOWEVER HAS A WOOD FLOOR AND IS SITTING ON WOODEN POSTS DUE TO THE SLOPE OF THE LAND UN DER THE SHED. Condition of the Pro rty PHYSICAL DETERIORATI DR THERE IS NO EVD84CE OF ANY EXCESSIVE DETERIORATION (WEN AND TEAR) TO THE SUBJECT PROPERTY. THE HOME HAS BEEN ADEQUATELY ANED AND IS MARKETABLE IN ITS CURRENT CONDITION. FUNCTIONAL OBSOLE B THE FLOOR PLANROOM LAYOUT IS ACCEPTABLE N THE MARKET FOR HOMES OF THIS AGE AND IN THIS AREA THERE ARE NO APPAREW FUNCTIONAL PROBLEMS ASSOCIATED WITH THE STRUCTURE OR ON THE SUBJECTS LOT. EXTERNAUECONOMIC MCOLESCENCE: THERE S NO KNOWN ECONOMIC SITUATIONS N THE SUBJECTS NEIGHBORHOOR OR N THE SURROUNDING COMMUNITIES THAT WO AFFECT THE VALUE OR MARKETABILITY OF THE SUBJECT PROPERTY. Comparable Land Sa and Site Value Comments SITE VALUE IS DERIVED THE MARKET. THERE MAY OR MAY NOT BE VACANT LAND SALES IN THE SUBJECTS NEK**IORFDOD V LAND SALES FIRST EXAMINED ARE THOSE TAKEN FROM THE SUBJECT'S IMMEDIATE NEIGHBORHOOD. OTHER VACANT LAND ES ARE ARE ALSO EXAMINED N THE SURROUNDING NEIGHBORHOODS AND COMIJAlNTIES SIM AR TO THE SUBJECT PROP GENERALLY, THERE ARE NO EXACT LAND COMPARABLES, THEREFORE, LAND VALUE S EXTRAPOLATED FROM IOUS SJLLES N AND ABOUT THE SUBJECTS NEIGHBORHOOD AND MARKET AREA. CONSIDERATION IN Ad*ndm PW 1 d2 4417964035 ADDEN" FNS No. 50328520 THE MARKET VALUE OF f Comments on Sales C THE COMPARABLES 3 THE SUBJECTS NE TIME FRAME AND/OR All WITHOUT DOING A PHYS THE EFFECTIVE AGE OF ALL COMPARABLE SA SAME PROSPECTIVE P THE BATH COUNT FOR I INFORMATION FOR THE HE VACANT LAND FOR THE SUBJECT IS THE VALUE FROM COURTHOUSE RECORDS. omparison D ARE THE BEST AVAILABLE AT THE PRESENT TIME. DUE TO LIMITED REAL ESTATE TURNOVER N . IT WAS NECESSARY TO SELECT AND USE COMPARABLES OVER THE PRESCRIBED SIC MONTH OTED DISTANCE RATIO. r-4L INSPECTION OF EACH OF THE COMPARABLE SALES IT IS IMPOSSIBLE TO ACCURATELY DETERMINE SAID COMPARABLE SALES. ARE LOCATED N THE SANE MARKET AREA AS THE SUBJECT AND WOULD BE CONSIDERED BY THE R IF ALL WERE ON THE MARKET AT THE SAME TIME -E SUBJECT AND ALL COMPARABLES IS ENTERED IN THE ABOVE GROUND ROOM COUNT. MULTI LIST X)MPARABLIES; GIVES A TOTAL BATH COUNT ONLY AND DOES NOT INDICATE VNfTHER THE BATHS AND 11-11i TOTAL THOWORS FORCONF0RMrrY PURPOSES CATOD AWA 0 R04 IND OR IN T?fi BASEMENT BATHS AND POWDER R( , , , OMS FOR THE SUBJECT AND COMPARABLES ARE ENTERED N THE ABOVE GROUND ROOM COUNT N THE GRID. THE SALES W SELECTED BECAUSE THESE ARE THE MOST SIMILAR TO THE SUBJECT. OTH R COMPARABLES ARE AVAILABLE CLOSER TO THE SUBJECT, HOWEVER, THE REQUIRED GREATER, LESS DESIRABLE ADJUSTMENTS AND WERE NOT DEE ED GOOD COMPARABLES FOR THE SUBJECT PROPERTY. EXTRAORDINARY ASS DNS INCLUDE THAT THE INTERIOR OF THE SUBJECT IS IN SIMILAR CONDITION TO THE COMPARABLES UNLESS OTHERWISE D IN THIS APPRAISAL. INFORMATION RE COMPARABLE SALES IS PER MTU.TI LIST INFORMATION AND PUBLISHED COURTHOUSE INFORMATION. THIS INFORMATION MAY OR MAY NOT BE ACCURATE, HOWEVER, IS THESE INFORMATION SOURCES ARE THE BEST AVAILABLE AND ASSUMED TO BE RRECT. COMPARABLES AND 001 ARABLE INFORMATION IS PER THE LOCAL MULTI LIST. MULTI LIST INFORMATION PROVIDES THE BEST DESCRIPTION OF I R CONDITION AND AMENITIES FOUND N THE COMPARABLE SALES WHICH ARE NOT AVAILABLE THROUGH COURTHOUSE RECORDS. THE SUBJECT AND COM ARABLE SALES HAVE A SIMILAR EFFECTIVE AGE, THEREFORE, NO AGE ADJUSTMENT IS WARRANTED. NO INTERIOR PHYSICAL INSPECTION HAS BEEN DONE ON ANY OF THE COMPARABLE SALES UNLESS OTHERWISE NOTED N THIS APPRAISAL. THE LOT SIMS FOR THE SUBJECT AND COMPARABLE SALES ARE FROM COURTHOUSE RECORDS. LOT SIZE ADJUSTMENTS MAY OR MAY NOT NECES . EVEN IF A DIFFERENCE EXISTS IN SQUARE FOOTAGEIACREAGE BETWEEN THE SUBJECT AND COMPARABLE SALES, A OT ADJUSTMENT IS NOT ALWAYS CORRECT. TYPICALLY, IN AN ESTABLISHED NEIGHBORHOOD OF DETACHED, SINGLE F LY HOMES SELDOM ARE THERE LOTS THAT ARE EQUAL. MANY FACTORS AFFECT LAND VALUE INCLUDING SQUARE F TALE, SLOPE, SHAPE AND LOCATION WITHIN THE SUBDMSION. THE SUBJECT MEETS AL - FHA MINIMUM REQUIREMENTS. THE CRAWL SPACE U THE SUBJECT B APPROXIMATELY $ FOOT DEEP WITH AN EXTERIOR ENTRANCE. THIS AREA IS USED FOR STORAGE AND AM THE WELL PUMP. THE CRAWL SPACE UNDER THE SUBJECT HAS A CONTRIBUTORY VALUE OF APPROXIMATELY SZOW THERE IS ALSO A DETA ED SHED ON THE SUBJECT PROPERTY. MOST MOBILE HOMES HAVE SOME SORT OF DETACHED STORAGE BUILDING %OR SHED, THEREFORE, NO ADJUSTMENT IS WARRANTED FOR SAID SHED. Conditions of Appraf THE SUBJECT PROPER IS APPRAISED N *AS IS' CONDITION WITH NO REPAIRS REQUIRED. THERE IS NO PERSONA PROPERTY INCLUDED N THE APPRAISED VALUE OF THE SUBJECT PROPERTY. THE ONLY INTENDED US ER IS THE LENDER /CLIENT STATED N THIS APPRAISAL HEREIN, ANY OTHER USER IS AN UNINTENDED USER. THE MARKET VALUE DEF NITION HEREIN IS PROVIDED BY AND DEVELOPED SPECIFICALLY FOR THIS REPORT AS PROVIDED BY FREDDIE MAC AND FANI IE MAE. Ad*nckMPspg2cf2 DIMENSION LIST ADDENDUM LANE GROSS BUILDING AREA (GBA) 1,324 GROSS LIVING AREA (GLA) 1,324 Area(s) Area % of GBA Living 1,324 100.00 Level 1 1,324 100.00 Level2 0 0.00 Level3 0 0.00 Other 402 30.36 Basement 0 0.00 Garage 0 0.00 Area Measurements Area Type Measu rnerrts Factor Total Level 1 Level 2 Level 3 Other Bsmt. Garage 15, x _ 1200 x 100 • 180.00 ?X ? ? ? ? ? 66. x _ 14.00 x 1.00 - 784.00 ?X ? ? ? ? ? 30.01 0 x 1200 x 1.00 - 360.00 OX O ? ? ? O _ x x ? ? O ? O ? x _ x ? ? ? ? ? ? x x - ? O O ? ? ? _ x_ x _ ? ? ? O O O x_ x - ? ? ? ? O ? x x - ? ? ? ? ? ? _ x x - ? ? ? ? ? ? _ x x - O ? ? ? ? O _ _ x x - ? ? O ? ? O x x - ? ? ? ? ? O _ x - x _ ? ? ? ? ? ? x _ z - ? ? ? ? ? ? x x = O O O D ? ? x _ x - ? ? O ? ? ? x x - O O O ? ? ? x_ x = O O O ? ? ? x_ x - ? ? ? U O O x x O O O ? ? ? x x - ? ? ? ? ? ? _ - x x • ? ? ? ? ? ? _ x - x = ? ? ? ? ? O x x - ? ? ? ? ? O x _ x • ? ? ? ? ? O x x - ? ? ? 0 0 0 x x - ? ? ? ? ? ? x_ x ? O ? ? O O x x - ? ? O ? ? ? _ x x • ? ? ? ? O D x x _ x x - ? ? ? ? ? ? ? ? ? ? ? ? x x ? ? O O O 0 _ x_ x O ? O ? ? ? x x O ? ? D ? ? _ x x ? ? ? ? ? ? x x ? ? ? ? ? ? x x - ? ? ? ? ? 0 x x - ? ? ? ? ? _ 0 x x ? ? ? ? ? ? x x - O O ? ? ? O _ x x - ? ? D O ? ? _ x _ x ? ? ? O O ? x_ x = O O ? ? O O x x ? ? ? ? ? ? _ x- x - ? O ? ? ? ? x x - ? ? O ? ? ? _ x x ? ? ? ? ? ? - x x ? ? O O ? ? x _ x ? ? O ? ? O x x ? ? O ? 0 o L I _ x x ? ? ? ? ? ? E - 1WkWv PM*WdMx»AQoe.gm.eRp16tl1 "W($A2U4W SUBJECT PROPERTY PHOTO ADDENDUM Borrower: MATTHEW WATE File No.: 50328520 Property Address: IS S LOW T LANE Case No.: 4417964036 Cft : MECHANICSBURG State: PA Zip: 17050 Lender; WELLS FARGO BAN Y, NA: 032640 FRONT VIEW OF i SUBJECT PROPERTY Appraised Date: MAY 24, 2007 Appraised Value: $ 125,000 REAR VIEW OF SUBJECT PROPERTY COMPARABLE PROPERTY PHOTO ADDENDUM Borrower: TTHEW WATER Fie No.: 50328520 Property Address: 18 S LOW T LANE Case No.:4417964035 C : ruECHMICSBURG State: PA Zip: 17050 Ladder: WELLS FARGO BANK NA: 032640 COMPARABLE PROPERTY PHOTO ADDENDUM Borrower: TTHEW WATE S File No.; 50328620 Property Address: 18 s LOCU ST LANE Case No.: 4417964095 Cft : MECHANICSBURG State: PA ZIP: 17050 Lender: WELLS FARGO BAN , NA- 032640 Borrower: TTNEW WATER File No.: 50328520 Property Address: IS s LOCO T LANE Case No.: 4417964036 City: MECHANICSBURG State: PA Zip: 17050 Lender: WELLS FARGO BANK NA: 032640 Borrower: MATTHEW WATER File No.: 50328520 Property Address: 1S S LOCO T LANE Case No.: 4417964035 C : bECHANICSBURG State: PA ZIP: 17050 Lender: WELLS FARGO BANK NA: 032640 VIEW OF REAR ACCRSS TO CRAWL SPACE DECK AND HOT TUB FLOORPLAN Borrower: MATTHEW WA RS Fife No.: 50326520 Property Address: 18 S LO UST LANE Case No.: 4417964035 C : MECHANICSBURG State: PA Zip: 17050 Lender: WELLS FARGO SAP K NA: 032640 i 24.0' Deck i 15.0' i Jb { 9.0 a b -------tea Family Room N I b ' of l 32.0 Bath a a Bedroom Livhg Room Kkchen Bedroom Laindry ? b ari 28.0' N b N Dung Room Bedroom 30.0' Skekh by Apex N Windows P REA CALCULATMSSUK#JARY is LA4* AREA BRFAKDM N: Code 0"CA 01" fte r. Tdtbw r erovAdae m 9umatal. - GLnl Pis _ floor 1324.00 1321.00 first Flees P/P Poe 54.00 12.0 z 15.0 1W.00 Po 346.00 402.00 ! 14.0 s S4.0 7P4.00 1Z.0 : 30,0 360.00 0 G TOT LIVABLE ( landed) 1324 3 Areas Trial (rounded) 1324 19 WEST MAIN STREET, MIDDLETOWN, PA 17067 717-944-0820, FAX 717-94"383 LOCATION MAP Borrower: MATTHEW WAT RS File No.: 50328520 Property Address: l8 S LO UST LANE Case No.: 4417984035 Cft : MECHANICSBURG Stdte: PA Zip: 17050 Lender: WELLS FARGO BN IK, NA, 032640 . f / f ' S? ??' ) J 1 r r n ; VALLEY 7==::Z C7! JI, carve x -- -_ ??-?:-,`_ TONN`. 13 T6WNSH I WFRTZy, ? `.. ? \ L \ ?O 1 rt? ` ` f % r waoos i 'O j. tea, ? ; \ , T f Cars? y. c ?J IL ? i LE 1 1 ' J I LE f Caro 3 r 1 ? G fi\ ,?? ? •y ?} i w ! 1 r?? z 1 F - z - y ? ?Q \ Ii \ K L SBURI 15 s ? OILING SPRIN 3 M I pa1?? 3^' 1 1 , ? ! r ? 1 ' J ' PIN f e'er j OUNT HOLLY SPRIN$ t ILLSBURG 1 i f ?' --- OLIfi YORK ?T ? Jj Y ?q tu 34 (Q j J t ? u 1, 1I5 % ? i\ ? 1v o ? \ { n? I r (07984-L003 TELE ATLAS y.A C tiF SC81 e: 22 QI11 e9 Preparedby. Accuracy Appr isais 717-652-8104 D Address Dab Pdes RM BR Bath S Ft Proximity 8 18 LOC LIST LE 125000.00 7 3 1.50 1324 0.00 NX 1 357 HOOD DR 10130/06 128500 8 4 2.00 1904 4.1 NX SSE 2 106 ST LM 01/27/2006 109500 5 2 2.00 1120 0.56 MI M 3 604 9 8 RIME GARDEN ST10/27/2006 126000 6 3 2.00 1585 9.5 MI NON 4 258 ei GROVE SO 07/21/2006 119500 7 4 2.00 1352 17.0 rII ON 5 46 PIS AH RD 04/21/2006 131000 6 3 2.00 1792 11.2 MI N 19 WEST MAIN STREET, MIDDLETOWN, PA 17057 717-944.0820, FAX 717-8489383 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. FARGO BANK, NA, CIVIL DIVISION Plaintiff, NO.: 10-7138 Pv E. Waters Defendants. Cancel CERTIFICATE OF SERVICE undersigned hereby certifies that a true and correct copy of the foregoing Motion to ile Home Title was served on the following, this ? day of April, 2011, via First Class U.I S. Mail, Postage Pre-paid: Matthe Waters PennDot 18 South Locust Lane Office of General Counsel Mechanicsburg, PA 17050 1101 S Front St, 3rd Fl Harrisburg, PA ZUCKER, G LD R ACKERMAN, LLC BY: Dated: I Scott A. ietterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Ralph M. Salvia, Esquire; PA I.D. #202946 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, NA, CIVIL DIVISION Plaintiff, NO.: 10-7138 VS. Matthew E. Waters XM = ? r- Defendants. } w a C-, N_ CD - ....' C- m ? .??. , .1 MOTION TO MAKE RULE ABSOLUTE .: - :nom AND NOW, comes Plaintiff, by and through its attorneys, Zucker, Goldberg & Ackerman, and files this Motion to Make Rule Absolute as follows: 1. On or about April 21, 2011, Plaintiff filed its Motion to Cancel Mobile Home Title Pursuant to Pa.R.C.P. 75 Pa.C.S.§1140 ("Petition"). 2. On or about May 12, 2011, this Honorable Court issuing a Rule upon the Defendant to show cause why the Petition should not be granted ("Rule"). A true and correct copy of said Rule is marked as Exhibit "A", attached hereto and made a part hereof. 3. The Rule required Defendant to show cause why Plaintiff's Petition should not be granted by June 3, 2011. 4. To date, no answer has been filed. WHEREFORE, Plaintiff respectfully request that this Honorable Court make its Rule absolute and deem title to the Mobile Home permanently affixed on the Mortgaged Premises and pursuant to 75 Pa.C.S. § 1140 deem the title cancelled. Respectfully Submitted: Dated: q ZUCKER, GOLDBURC3 & ACKERMAN, LLC BY: \1 \1 z Scott A. Dietterick, Esquire; A I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Ralph M. Salvia, Esquire; PA I.D. #202946 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Exhibit "A" WELLS FARGO BANK, N.A., PLAINTIFF V. MATTHEW E. WATERS, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-7138 CIVIL ORDER OF COURT AND NOW, this 12`h day of May, 2011, upon consideration of the Plaintiff's Motion to Cancel Mobil Home title Pursuant to 75 Pa.C.S. §1140, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before June 3, 2011; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, i 1 . 4`1 M. L. Ebert, Jr., J. Zucker, Goldberg and Ackerman, LLC Attorneys for Plaintiff Matthew Waters Defendant bas IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, NA, CIVIL DIVISION Plaintiff, NO.: 10-7138 vs. Matthew E. Waters Defendants. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Motion to Make Rule Abosolute was served on the following, this i _ N y of June, 2011, via First Class U. S. Mail, Postage Pre-paid: Matthew Waters PennDot 18 South Locust Lane Office of General Counsel Mechanicsburg, PA 17050 1101 S Front St, 3rd Fl Harrisburg, PA ZUCKER, GOLDBE G & A KERMAN, LLC (( BY: Dated: p Scott A. Di. e &, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Ralph M. Salvia, Esquire; PA I.D. #202946 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, NA, CIVIL DIVISION NO.: 10-713 8 Plaintiff , 71 :X ' VS. C:I .1' Matthew E. Waters Defendants. ORDER OF COURT J J vt U , 2011, upon AND NOW, this day of consideration of the Motion to Make Rule Absolute and Motion Cancel Mobile Home Title, it is hereby ORDERED, ADJUDGED and DECREED that title to the Mobile Home permanently affixed on the Mortgaged Premises located at 18 South Locust Lane, Mechanicsburg, PA 17050, is deemed cancelled. BY THE COURT: J. CD t es MCA I' Lc? M. coa4zaj `?l3`11 ,i Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Iit1r, `:, tT•' Ic? l! d SHERIFF'S OFFICE OF CUMBERLAND COUNTY ? f1OCT-p ,, ?Q?Etitr of ?dturt?r?,??? b ""S? E8L4t 1 ,, - r?YL C--,_ .c TFF --.c -grz Wells Fargo Bank, N.A. vs. Case Number Matthew E. Waters 2010-7138 SHERIFF'S RETURN OF SERVICE 03/17/2011 07:30 PM - Deputy Michael Barrick, 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 18 South Locust Street, Mechanicsburg, PA 17050, Cumberland County. 03/29/2011 09:00 PM - Deputy Amanda Cobaugh, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Matthew E. Waters at 18 S. Locust Lane, Silver Spring Township, Mechanicsburg, PA 17050, Cumberland County. 10/05/2011 As directed by Joel Ackerman, Attorney for the Plaintiff, Sheriffs Sale Continued to 7/6/11 10/05/2011 As directed by Joel Ackerman, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/5/11 10/05/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", defendant filed bankruptcy. SHERIFF COST: $1,044.30 October 05, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF . ', f ° ?C, (ci Gbur4y3uite 5henff. Ieleosoft. HSC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA, CIVIL DIVISION Plaintiff, : NO.: 10-7138 vs. Matthew E. Waters Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank, NA, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 18 South Locust Lane, Mechanicsburg, PA 17050. I . Name and Address of Owner(s) or Reputed Owner(s): MATTHEW E. WATERS 18 South Locust Lane Mechanicsburg, PA 17050 2. Name and Address of Defendant(s) in the Judgment: MATTHEW E. WATERS 18 South Locust Lane Mechanicsburg, PA 17050 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: WELLS FARGO BANK, NA Plaintiff CUMBERLAND COUNTY ADULT PROBATION 1 COURTHOURSE SQUARE CARLISLE, PA 17013-3387 Xf !'-! 1 lo, 's 4. Name and Address of the last record holder of every mortgage of record: WELLS FARGO BANK, NA Plaintiff 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 7. Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 UNKNOWN TENANT OR TENANTS 18 South Locust Lane Mechanicsburg, PA 17050 UNKNOWN SPOUSE 18 South Locust Lane Mechanicsburg, PA 17050 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I under and that fals st ents herein are made subject to the penalties of 18 Pa.C.S. §4904 relating tP uns o I ' on to authorities. ZUCKER , LLC Dated: December 28, 2010 BY: lDtte-rickk,, Scott Asquire; PA I.D. #55650 Kimberonner, Esquire; PAID. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Levy, Esquire; PA I.D. #306799 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 File No.: XFP-144008 (908) 233-8500; (908) 233-1390 FAX E-mail: Office@zuckergoldberg.com Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE TOWNSHIP OF SILVER SPRING COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BOUNDED AND DES AS FOLLOWS, TO WIT: DESCRIBED BEGINNING AT A POINT ON THE CORNER OF LOT #93 AND A CUL-DE-SAC AT THE END OF LOCUST LANE, AS SHOWN IN THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG SAID LOT #93, SOUTH FIGHT (8) DEGREES FORTY-FOUR (44) MINUTES TWO (2) SECONDS EAST, FIFTY-ONE AND FIFTY-FIVE HUNDREDTHS (51.85) FEET TO A POINT THENCE ALONG LINE OF SAID LOT #93, SOUTH THIRTY-FOUR (34) DEGREES TWENTY-ONE (21)MINUTES NINE (9) WEST, () ONE HUNDRED FORTY-NINE AND TWENTY-FOUR HUNDREDTHS (149.24) FEET TO A POINT ON THE LINE OF SILVER SPRING TOWNSHIP PARK, AS SHOWN IN THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG LINE OF SAID SILVER SPRING TOWNSHIP PARK, NORTH FIFTY-FIVE (55) DEGREES THIRTY-EIGHT MINUTES FIFTY-ONE (51) SECONDS WEST, SIXTY-FOUR AND EIGHTY- THREE HUNDREDTHS (64.83) TO A POINT ON THE CORNER OF LOT #91, AS SHOWN HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG SAID LOT #91, NORTH THE FOURTEEN (14) DEGREES THIRTY-FOUR (34) MINUTES ELEVEN (11) SECONDS HUNDRED NINETY AND TWENTY-THREE HUNDREDTHS (190.23) FEET TO A POINT ON WEST, ONE CORNER OF LOT #82, AS SHOWN IN THE HEREINAFTER MENTIONED PLAN OF LOTS. THE THENCE ALONG SAID LOT #82, NORTH FIFTY-SIX (56) DEGREES TWELVE (12 MIN EAST, ) UTES ONE HUNDRED FIFTY (150) FEET TO A POINT ON THE SOUTH SIDE OF LOCUST LANE, AS SHOWN IN THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE A LONG SAID LOCUST LANE, SOUTH THIRTY-THREE (33) DEGREES FORTY-EIGHT 48 MINUTES EAST, THIRTEEN ARID FIFTY-FIVE HUNDREDTHS (13.55) FEET TO A POINT ON THE NUTES CUL- DE-SAC IN A SOUTHERLY DIRECTION, ON A CURVE TO THE LEFT, HAVING A RAD SEVENTY-FIVE (75) FEET, AN ARC ARE DISTANCE OF ONE HUNDRED FIFTY-ON IUS OF AND TWENTY-THREE HUNDREDTHS (151.23) FEET TO A POINT ON THE CORNER OF LOT #93 AFORESAID, THE PLACE OF BEGINNING. CONTAINING.72 ACRES, MORE OR LESS, BEING LOT #92 IN TILE SUBDIVISION PLAN OF WHITE BIRCH FARMS, SECTIONS I AND 2, AS SHOWN IN THE BOOK 44, PAGE 91, AND RECORDED IN THE CUMBERLAND COUNTY RECORDER PLAN S OFF ICE. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBE AS 18 SOUTH LOCUST LANE, MECHANICSBURG, PA, 17050. RED BEING THE SAME PREMISES WHICH JOSHUA D. MASSIE AND NICOLE L. MASSI HUSBAND AND WIFE, BY DEED DATED JUNE 14, 2007 AND RECORDED JUNE E, AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 2? 2007 IN 2431, GRANTED AND CONVEYED UNTO MATTHEW E. WATERS. 80, PAGE TAX MAP NO.: 38-15-1275-047. /uc;kcr. (;i?ldherg ek-cnrnan. Ij ( ' F1'-1-1400H 1 w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ti Wells Fargo Bank, NA, CIVIL DIVISION Plaintiff, ; vs. : NO.: 10-7138 Matthew E. Waters Defendant. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Matthew E. Waters 18 South Locust Lane Mechanicsburg, PA 17050 'TAKE NOTICE,: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 06/01/2011 at l 0:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") The LOCATION of your property to be sold is: 18 South Locust Lane, Mechanicsburg, PA, 17050 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 10-7138 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Matthew E. Waters Zucker, Goldberg & Ackerman, LLC XFP-144008 A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. Zucker, Goldberg & Ackerman, LLC XFP-144008 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 1 013-337 , f presentation of the petition to the Court. /1 i ZUCKER , LLC Dated: December 28, 2010 BY: Scott A. 'e terick, squire; PA I.D. ?#5650 Kimberly Bonner, Esquire; PA.I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Levy, Esquire; PA I.D. #306799 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 File No.: XFP-144008 (908) 233-8500; (908) 233-1390 FAX E-mail: Office@zuckergoldberg.com VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. Zucker, Goldberg & Ackerman, LLC X F P-144008 Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE TOWNSHIP OF SILVER SPRING, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE CORNER OF LOT #93 AND A CUL-DE-SAC AT THE END OF LOCUST LANE, AS SHOWN IN THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG SAID LOT #93, SOUTH EIGHT (8) DEGREES FORTY-FOUR (44) MINUTES TWO (2) SECONDS EAST, FIFTY-ONE AND FIFTY-FIVE HUNDREDTHS (51.85) FEET TO A POINT; THENCE ALONG LINE OF SAID LOT #93, SOUTH THIRTY-FOUR (34) DEGREES TWENTY-ONE (21) MINUTES NINE (9) WEST, ONE HUNDRED FORTY-NINE AND TWENTY-FOUR HUNDREDTHS (149.24) FEET TO A POINT ON THE LINE OF SILVER SPRING TOWNSHIP PARK, AS SHOWN IN THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG LINE OF SAID SILVER SPRING TOWNSHIP PARK, NORTH FIFTY-FIVE (55) DEGREES THIRTY-EIGHT MINUTES FIFTY-ONE (51) SECONDS WEST, SIXTY-FOUR AND EIGHTY- THREE HUNDREDTHS (64.83) TO A POINT ON THE CORNER OF LOT #91, AS SHOWN IN THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG SAID LOT #91, NORTH FOURTEEN (14) DEGREES THIRTY-FOUR (34) MINUTES ELEVEN (11) SECONDS WEST, ONE HUNDRED NINETY AND TWENTY-THREE HUNDREDTHS (190.23) FEET TO A POINT ON THE CORNER OF LOT #82, AS SHOWN IN THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG SAID LOT #82, NORTH FIFTY-SIX (56) DEGREES TWELVE (12) MINUTES EAST, ONE HUNDRED FIFTY (150) FEET TO A POINT ON THE SOUTH SIDE OF LOCUST LANE, AS SHOWN IN THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG SAID LOCUST LANE, SOUTH THIRTY-THREE (33) DEGREES FORTY-EIGHT (48) MINUTES EAST, THIRTEEN ARID FIFTY-FIVE HUNDREDTHS (13.55) FEET TO A POINT ON THE CUL- DE-SAC IN A SOUTHERLY DIRECTION, ON A CURVE TO THE LEFT, HAVING A RADIUS OF SEVENTY-FIVE (75) FEET, AN ARC ARE DISTANCE OF ONE HUNDRED FIFTY-ONE AND TWENTY-THREE HUNDREDTHS (151.23) FEET TO A POINT ON THE CORNER OF LOT #93 AFORESAID, THE PLACE OF BEGINNING. CONTAINING.72 ACRES, MORE OR LESS, BEING LOT #92 IN TILE, SUBDIVISION PLAN OF WHITE BIRCH FARMS, SECTIONS 1 AND 2, AS SHOWN IN THE PLAN BOOK 44, PAGE 91, AND RECORDED IN THE CUMBERLAND COUNTY RECORDERS OFF ICE. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 18 SOUTH LOCUST LANE, MECHANICSBURG, PA, 17050. BEING THE SAME PREMISES WHICH JOSHUA D. MASSIE AND NICOLE L. MASSIE, HUSBAND AND WIFE, BY DEED DATED JUNE 14, 2007 AND RECORDED JUNE 15, 2007 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 280, PAGE 2431, GRANTED AND CONVEYED UNTO MATTHEW E. WATERS. TAX MAP NO.: 38-15-1275-047. /.uckcr. Goldhcw & Ackuman. I_I_( Xf 11-1-1 1 00 8 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-7138 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, NA Plaintiff (s) From MATTHEW E. WATERS (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $117,241.23 L.L. $.50 Interest FROM 12/2/2010 TO DATE OF SALE -- $6,768.36 Atty's Comm % Due Prothy $2.00 Atty Paid $169.50 Other Costs Plaintiff Paid Date: 1/7/11 G David D. Buell, Pr thonotary (Seal) By: REQUESTING PARTY: Name: JOEL ACKERMAN, ESQUIRE Address: ZUCKER, GOLDBERG, & ACKERMAN, LLC 200 SHEFFIELD STREET, SUITE 101 MOUNTAINSIDE, NJ 07092 Attorney for: PLAINTIFF Telephone: 908-233-8500 Supreme Court ID No. 202729 Deputy TRUE "OPY FROM RECOlnO and?nd tthhe? y [h&e tam set my hem! Thi?lTT' ?f CGUrt at GPIs. P s day d-'3` 4--P,MWWLa P, ?*t" -?*c J` V"v"v t. On March 3, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA, Known and numbered as, 18 South Locust Lane, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 3, 2011 B Real Estate Coordinator •? ?? c, `a44 { IGZ CUMBERLAND LAW JOURNAL Writ No. 2010-7138 Civil Wells Fargo Bank, N.A. VS. Matthew E. Waters Atty.: Scott A. Dietterick ALL THAT CERTAIN tract of land situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the corner of Lot #93 and a cul-de-sac at the end of Locust Lane, as shown in the hereinafter mentioned Plan of Lots; thence along said Lot #93, South eight (8) degrees forty-four (44) minutes two (2) seconds East, fifty-one and fifty-five hundredths (51.85) feet to a point; thence along line of said Lot #93, South thirty-four (34) degrees twenty-one (21) minutes nine (9) West, one hundred forty-nine and twenty-four hundredths (149.24) feet to a point on the line of Silver Spring Township Park, as shown in the hereinafter mentioned Plan of Lots; thence along line of said Silver Spring Township Park, North fifty- five (55) degrees thirty-eight minutes fifty-one (51) seconds West, sixty- four and eighty-three hundredths (64.83) to a point on the corner of Lot #91, as shown in the hereinafter mentioned plan of lots; thence along said Lot #91, North fourteen (14) de- grees thirty-four (34) minutes eleven (11) seconds West, one hundred ninety and twenty-three hundredths (190.23) feet to a point on the corner of Lot #82, as shown in the herein- after mentioned Plan of Lots; thence along said Lot #82, North fifty-six (56) degrees twelve (12) minutes East, one hundred fifty (150) feet to a point on the south side of Locust Lane, as shown in the hereinafter mentioned Plan of Lots; thence along said Locust Lane, South thirty-three (33) degrees forty-eight (48) minutes East, thir- teen and fifty-five hundredths (13.55) feet to a point on the cul-de-sac in a southerly direction, on a curve to the left, having a radius of seventy-five (75) feet, an arc are distance of one hundred fifty-one and twenty-three hundredths (151.23) feet to a point on the corner of Lot #93 aforesaid, the place of beginning. Containing .72 acres, more or less, being Lot #92 in tile. Subdivision Plan of White Birch Farms, Sections 1 and 2, as shown in the Plan Book 44, Page 91, and recorded in the Cumberland County Recorders Office. HAVING THEREON ERECTED a dwelling house being known and numbered as 18 South Locust Lane, Mechanicsburg, PA, 17050. BEING THE SAME PREMISES WHICH Joshua D. Massie and Ni- cole L. Massie, husband and wife, by deed dated June 14, 2007 and recorded June 15, 2007 in and for Cumberland County, Pennsylvania, in Deed Book Volume 280, Page 2431, granted and conveyed unto Matthew E. Waters. TAX MAP NO.: 38-15-1275-047. 88 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under.Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 22, April 29, and May 6, 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. Lisa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this da of Ma 2011 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE ?e;patrnot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 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: 04122/11 04129/11 05/06/11 ?.?. 1............ yy Sworn to and Isubscribed before me this 23 day;of May, 2011 A.D. ?- Notary Public COT - "-WEALTH OF P_ Sherrie L. K?sner, N ft Lower Paxton T r1 Pub! My Commi-i-n N'P•, Dauphin County Member, s s Penr70varn?gsoc Nov.26, of Noto J ries 2010-7138 Civil Term Wells Fargo Bank, N.A. Vs Matthew E. Waters Atty: Scott A Dletterick All'rhat Cc-ttain Tract Of Land Situate 1:. hhe Township Of Silver Spring, County (si Cumberland Ana State Of Pennsylvania, Bounded And Described AsFollows,'Ib Wit- Beginning . i, A Point On 'I'hc Corner Of Lot #93 =and A Cul-De-Sac At Th.End Of Locust Line, As Shown hi "1-h: Hereinafter Mentioned Plan Of bot,; hence. Along Said Lot #93, South Eigh (8} Degrees Forty-Four (44) Minutes Twit (2) Seconds East, Fifty-One And Fifth live. Hundredths (51.85) Feet To .A Point ]'hence Alone ?.ine Of Said I,ot #9? S( ith Thirty-Four (34) Degrees 'Cwenh - Onu d21) Minutes Nine (91 West, Ont ]-Hundred Forty-Nine. And Tlventy-Foot , Hundredths (1:4924) Feet To A. Ponul On Line Of Silver Spring Township 11,W'. As Shown In The Hereinafter Mentioned Plan Of Lots; Hience Along Line Of Said - Silver Spring Township Park, North Fifty l ivi; (55) Degrees Thirty-Eight Minute, Fifty-One (51) Seconds West, Sixty-Four And Eighty-'Three Hundredths (64.8, Tb A Point On The Corner Of Lot #91, As Shown In The Hereinafter Mentioned Plan Of Lots: Thence Along Said Lot #91. North Fourteen (14) Degrees Thirty-Four (;i4}-Minutes Eleven (11) Seconds West, t ne Hundred Ninety And Twenty=Three (Hundredths (190.23) Feet 1b A Point Or The Corner Of Lot #82, As Shown In fhe. Hereinafter Mentioned Plan Of Lots; Thence Along Said Lot #82, North Fifty- Six (56) Degrees Twelve (12) Minutes Fast. One Hundred Fifty (150) Feet 'It) .A Point On ].'he South Side Of Locust Lane:. y.; Shown In The Hereinafter Mentioned Plan Of Lots: Thence Along Said Locust Lane, South Thirty-Three (33) Degrees Forty-Eight (48) Minutes East, Thirteen a19d Fifty-Five ]Hundredths (1.3.55) Feet 'i?j A Point On 'rho Cut-De-Sac hi ;s Southerly Direction, On A Curve 'lb the Left, Having A Radius Of Seventy-Five 175) Feet, An Arc Are Distance Of One Hundred Fifty-One Arid Twenty-Tlucc Hundredths (151.23) Feet To A Point On I'ha. Corner Of Lot #93 Aforesaid, The Place Of Beginning. Containing 72 Acres. More Or Less, Being Lot #92 In Tile Subdivision Plan Of White Birch Farms. Sections 1 And 2, As Shown In The Plan Book 44, Page 91, And Recorded In The Cumberland County Recorders Off Ic i Having thereon Erected A Dwelling flousc 1r ring K.nrxr n And NumboCd A? ;'r South t. Bust Lane. Mechanicsburg, Pa 11050. Be'•rg The Same Premises Which kahua ;ap?te ,std Nlwk 1-Massie, Husbar, I \ti(I Wtle. Bs Deed Dated June 14, 2(M.1" And Recorded June 15, 2(K)7 in And For umbc rland County, Pennsylvania, In Deed I, til;,lunre. 280, Page: 2131. !:ranted d;onvwsyed Unto Matthew' L WIlcr? 'Tax Man No.: 38.15-1275-047. t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA, CIVIL DIVISION- LAW i, r P V Plaintiff, NO.: 10-7138= VS. rf2s '? - I- r%j Matthew E. Waters :?R cs Defendants. Av S ca _. ,., . .. ORDER OF COURT AND NOW, this day of 0 t?( - , 2011, upon consideration of the Motion to Continue Sheriff Sale and Dispense with New Notice Pursuant to Pa.R.C.P. 3129.3(a) by Plaintiff, it is hereby ORDERED, ADJUDGED and DECREED that the sheriff sale scheduled for October 5, 2011, is continued to November 2, 2011 at 10:00 a.m., and the requirement that advertisement be made and new notice be provided to Defendants, lienholders or other parties in interest under Pa.R.C.P. 3129.2 is hereby waived. FILE NO. 144008 Waters ?i rnberkj A onner, Sh?_ n ?& 1*k--? 4. A ie.-S Mo?_ Pj ?o1C J A"j 2'_I i SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith ? Chief Deputy Richard W Stewart Solicitor c Pa:,a ; Wells Fargo Bank., N.A. vs Case Number . Matthew E. Waters 2010-7138 SHERIFF'S RETURN OF SERVICE 03/17/2011 07:30 PM - Deputy Michael Barrick, 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 18 South Locust Street, Mechanicsburg, PA 17050, Cumberland County. 03/29/2011 09:00 PM - Deputy Amanda Cobaugh, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Matthew E. Waters at 18 S. Locust Lane, Silver Spring Township, Mechanicsburg, PA 17050, Cumberland County. 10/05/2011 As directed by Joel Ackerman, Attorney for the Plaintiff, Sheriff's Sale Continued to 7/6/11 10/05/2011 As directed by Joel Ackerman, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/5/11 10/05/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", defendant filed bankruptcy. 10/31/2011 Order to Postpone Sale to 11/2/11 received 10/27/11 11/02/2011 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 November 02, 2011 at 10:00 AM. He sold the same for the sum of $1.00 to Attorney Scott Deitterick, on behalf of the Wells Fargo Bank, NA, at 3476 Stateview Boulevard, Fort Mill, SC 29715. Wells Fargo Bank, NA being the buye in this execution, paid to the Sheriff the sum of $1, 200.87. 01/19/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law states that this writ is returned STAYED. SHERIFF COST: $1,200.87 30 ANSWERS, January 19, 2012 RON ^ R ANDERSON, SHERIFF ?/? 3, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA, Plaintiff, CIVIL DIVISION NO.: 10-7138 vs. Matthew E. Waters Defendant AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank, NA, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 18 South Locust Lane, Mechanicsburg, PA 17050. 1. Name and Address of Owner(s) or Reputed Owner(s): MATTHEW E. WATERS 18 South Locust Lane Mechanicsburg, PA 17050 Name and Address of Defendant(s) in the Judgment: MATTHEW E. WATERS 18 South Locust Lane Mechanicsburg, PA 17050 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: WELLS FARGO BANK, NA Plaintiff CUMBERLAND COUNTY ADULT PROBATION I COURTHOURSE SQUARE CARLISLE, PA 17013-3387 4. Name and Address of the last record holder of every mortgage of record: WELLS FARGO BANK, NA Plaintiff 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 7. Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 UNKNOWN TENANT OR TENANTS 18 South Locust Lane Mechanicsburg, PA 17050 UNKNOWN SPOUSE 18 South Locust Lane Mechanicsburg, PA 17050 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I under and tAfals st ents herein are made subject to the penalties of 18 Pa.C.S. §4904 relating uns t on to authorities. ZUCKER tIO D ERMAN, LLC Dated: December 28, 2010 BY: LAW Scott A. D tterick, squire; PA I.D. 455650 Kimberly Bonner, Esquire; PAID. 489705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Levy, Esquire; PA I.D. 4306799 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 File No.: XFP-144008 (908) 233-8500; (908) 233-1390 FAX E-mail: Office@zuckergoldberg.com Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE TOWNSHIP OF SILVER SPRING, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE CORNER OF LOT #93 AND A CUL-DE-SAC AT THE END OF LOCUST LANE, AS SHOWN IN THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG SAID LOT #93, SOUTH EIGHT (8) DEGREES FORTY-FOUR (44) MINUTES TWO (2) SECONDS EAST, FIFTY-ONE AND FIFTY-FIVE HUNDREDTHS (51.85) FEET TO A POINT; THENCE ALONG LINE OF SAID LOT #93, SOUTH THIRTY-FOUR (34) DEGREES TWENTY-ONE (21) MINUTES NINE (9) WEST, ONE HUNDRED FORTY-NINE AND TWENTY-FOUR HUNDREDTHS (149.24) FEET TO A POINT ON THE LINK OF SILVER SPRING "TOWNSHIP PARK, AS SHOWN IN THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG LINE OF SAID SILVER SPRING TOWNSHIP PARK, NORTH FIFTY-FIVE (55) DEGREES THIRTY-EIGHT MINUTES FIFTY-ONE (51) SECONDS WEST, SIXTY-FOUR AND EIGHTY- THREE HUNDREDTHS (64.83) TO A POINT ON THE CORNER OF LOT #91, AS SHOWN IN THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG SAID LOT #91, NORTH FOURTEEN (14) DEGREES THIRTY-FOUR (34) MINUTES ELEVEN (11) SECONDS WEST, ONE HUNDRED NINETY AND TWENTY-THREE HUNDREDTHS (190.23) FEET TO A POINT ON THE CORNER OF LOT #82, AS SHOWN IN THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG SAID LOT #82, NORTH FIFTY-SIX (56) DEGREES TWELVE (12) MINUTES EAST, ONE HUNDRED FIFTY (150) FEET TO A POINT ON THE SOUTH SIDE OF LOCUST LANE, AS SHOWN IN THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG SAID LOCUST LANE, SOUTH THIRTY-THREE (33) DEGREES FORTY-EIGHT (48) MINUTES EAST, THIRTEEN ARID FIFTY-FIVE HUNDREDTHS (13.55) FEET TO A POINT ON THE CUL- DE-SAC IN A SOUTHERLY DIRECTION, ON A CURVE TO THE LEFT, HAVING A RADIUS OF SEVENTY-FIVE (75) FEET, AN ARC ARE DISTANCE OF ONE HUNDRED FIFTY-ONE AND TWENTY-THREE HUNDREDTHS (151.23) FEET TO A POINT ON THE CORNER OF LOT #93 AFORESAID, THE PLACE OF BEGINNING. CONTAINING.72 ACRES, MORE OR LESS, BEING LOT 492 IN TILE SUBDIVISION PLAN OF WHITE BIRCH FARMS, SECTIONS 1 AND 2, AS SHOWN IN THE PLAN BOOK 44, PAGE 91, AND RECORDED IN THE CUMBERLAND COUNTY RECORDERS OFF ICE. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 18 SOUTH LOCUST LANE, MECHANICSBURG, PA, 17050. BEING THE SAME PREMISES WHICH JOSHUA D. MASSIE AND NICOLE L. MASSIE, HUSBAND AND WIFE, BY DEED DATED JUNE 14, 2007 AND RECORDED JUNE 15, 2007 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 280, PAGE 2431, GRANTED AND CONVEYED UNTO MATTHEW E. WATERS. TAX MAP NO.: 38-15-1275-047. /uckcr Goldhin, & NAcrmun. I I ( Xi P-I t=1(09 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA, Plaintiff, vs. Matthew F. Waters Defendant. CIVIL DIVISION NO.: 10-7138 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Matthew I. Waters 18 South Locust Lane Mechanicsburg, PA 17050 TAKE NOTICE: Ifhat the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, I Courthouse Square, Carlisle, PA 17013 on 06/01/201 1 at I0:00am prevailing local time. f IF PROPERTY TO BF. SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE IJ GAL DESCRIPTION ATTACHED AS EXHIBIT "A" The LOCATION of your property to be sold is: 18 South Locust Lane, Mechanicsburg, PA, 17050 he JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 10-7138 H IE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPER'11'Y ARE: Matthew E. Waters Zucker, Goldberg & Ackerman, LLC XFP-144008 A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless somemw objects by tiling exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of' Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. h has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent our property from being taken. A lawyer can advise you more specifically of these rights. if you wish to exercise your rights. you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BF,I,OW TO FIND OUT WHERE YOU CAN GFT FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may rile a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. Zucker, Goldberg & Ackerman, LLC XFP-144008 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Picas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberl nd County Courthouse, One Courthouse Square, Carlisle, PA 1013-338,2 f.r presentation of the petition to the Court. ZUCKER WILOPMG/4 A+INERMAN, LLC Dated: December 28, 2010 BY: Scott A. I Teer,squire. #55650 Kimberly nner, Esquire; PA.I.D. 489705 Joel A. Ackerman, Esquire; PA I.D. 4202729 Ashleigh L. Levy, Esquire; PA I.D. #306799 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 File No.: XFP-144008 (908) 233-8500; (908):!33-1390 FAX E-mail: Office(a ruckergoldberg.com VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. Zucker, Goldberg & Ackerman, LLC XFP-144008 Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE TOWNSHIP OF SILVER SPRING, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE CORNER OF LOT #93 AND A CUL-DE-SAC AT THE END OF LOCUST LANE, AS SHOWN IN THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG SAID LOT #93, SOUTH EIGHT (8) DEGREES FORTY-FOUR (44) MINUTES TWO (2) SECONDS EAST, FIFTY-ONE AND FIFTY-FIVE HUNDREDTHS (51.85) FEET TO A POINT; THENCE ALONG LINE OF SAID LOT #93, SOUTH THIRTY-FOUR (34) DEGREES TWENTY-ONE (21) MINUTES NINE (9) WEST, ONE HUNDRED FORTY-NINE AND TWENTY-FOUR HUNDREDTHS (149.24) FEET TO A POINT ON THE LINE OF SILVER SPRING TOWNSHIP PARK, AS SHOWN IN THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG LINE OF SAID SILVER SPRING TOWNSHIP PARK, NORTH FIFTY-FIVE (55) DEGREES THIRTY-EIGHT MINUTES FIFTY-ONE (51) SECONDS WEST, SIXTY-FOUR AND EIGHTY- THREE HUNDREDTHS (64.83) TO A POINT ON THE CORNER OF LOT #91, AS SHOWN IN THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG SAID LOT #91, NORTH FOURTEEN (14) DEGREES THIRTY-FOUR (34) MINUTES ELEVEN (11) SECONDS WEST, ONE HUNDRED NINETY AND TWENTY-THREE HUNDREDTHS (190.23) FEET TO A POINT ON THE CORNER OF LOT #82, AS SHOWN IN THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG SAID LOT #82, NORTH FIFTY-SIX (56) DEGREES TWELVE (12) MINUTES EAST, ONE HUNDRED FIFTY (150) FEET TO A POINT ON THE SOUTH SIDE OF LOCUST LANE, AS SHOWN IN THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG SAID LOCUST LANE, SOUTH THIRTY-THREE (33) DEGREES FORTY-EIGHT(48) MINUTES EAST, THIRTEEN ARID FIFTY-FIVE HUNDREDTHS (13.55) FEET TO A POINT ON THE CUL- DE-SAC IN A SOUTHERLY DIRECTION, ON A CURVE TO THE LEFT, HAVING A RADIUS OF SEVENTY-FIVE ("75) FEET, AN ARC ARE DISTANCE OF ONE HUNDRED FIFTY-ONE AND TWENTY-THREE HUNDREDTHS (151.2.3) FEET TO A POINT ON THE CORNER OF LOT #93 AFORESAID, THE PLACE OF BEGINNING. CONTAINING.72 ACRES, MORE OR LESS, BEING LOT #92 IN TILE SUBDIVISION PLAN OF WHITE BIRCH FARMS, SECTIONS 1 AND 2, AS SHOWN IN THE PLAN BOOK 44, PAGE 91, AND RECORDED IN THE CUMBERLAND COUNTY RECORDERS OFF ICE. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 18 SOUTH LOCUST LANE, MECHANICSBURG, PA, 17050. BEING THE SAME PREMISES WHICH JOSHUA D. MASSIE AND NICOLE L. MASSIE, HUSBAND AND WIFE, BY DEED DATED JUNE 14, 2007 AND RECORDED JUNE 15, 2007 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 280, PAGE 2431, GRANTED AND CONVEYED UNTO MATTHEW E. WATERS. TAX MAP NO.: 38-15-1275-047. /u:Fi Goi,11,cr!,. AA(rmon 11 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-7138 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, NA Plaintiff (s) From MATTHEW E. WATERS (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 $117,241.23 L.L. $.50 Interest FROM 12/2/2010 TO DATE OF SALE -- $6,768.36 Atty's Comm % Due Prothy $2.00 Atty Paid $169.50 Other Costs Plaintiff Paid Date: 117 /11 G David L). Buell, Pr thonotary (Seal) By: Deputy REQUESTING PARTY: Name: JOEL ACKERMAN, ESQUIRE; Address: ZUCKER, GOLDBERG, & ACKERMAN, LLC 200 SHEFFIELD STREET, SUITE 101 MOUNTAINSIDE, NJ 07092 Attorney for: PLAINTIFF Telephone: 908-233-8500 Supreme Court ID No. 202729 jr TRUE CppY FROM RECORD a,? d?fpT !!Po l? Wt?erenf, t hereunto set my hark! Thi and the sett o?psald Court at Carlisle, Pa. is yday of _,-4j4_&gZW1arJL j ? ; d,, Prothonotary On March 3, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA, Known and numbered as, 18 South Locust Lane, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 3, 2011 B ?.. ,r Real Estate Coordinator O a ,_tV, U i Ed CUMBERLAND LAW JOURNAL Writ No. 2010-7138 Civil Wells Fargo Bank, N.A. VS. Matthew E. Waters Atty.: Scott A. Dietterick ALL THAT CERTAIN tract of land situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the comer of Lot #93 and a cul-de-sac at the end of Locust Lane, as shown in the hereinafter mentioned Plan of Lots; thence along said Lot #93, South eight (8) degrees forty-four (44) minutes two (2) seconds East, fifty-one and fifty-five hundredths (51.85) feet to a point; thence along line of said Lot #93, South thirty-four (34) degrees twenty-one (21) minutes nine (9) West, one hundred forty-nine and twenty-four hundredths (149.24) feet to a point. on the line of Silver Spring Township Park, as shown in the hereinafter mentioned Plan of Lots; thence along line of said Silver Spring Township Park, North fifty- five (55) degrees thirty-eight minutes fifty-one (51) seconds West, sixty- four and eighty-three hundredths (64.83) to a point on the comer of Lot #91, as shown in the hereinafter mentioned plan of lots; thence along said Lot #91, North fourteen (14) de- grees thirty-four (34) minutes eleven (11) seconds West, one hundred ninety and twenty-three hundredths (190.23) feet to a point on the corner of Lot #82, as shown in the herein- after mentioned Plan of Lots; thence along said Lot #82, North fifty-six (56) degrees twelve (12) minutes East, one hundred fifty (150) feet to a point on the south side of Locust Lane, as shown in the hereinafter mentioned Plan of Lots; thence along said Locust Lane, South thirty-three (33) degrees forty-eight (48) minutes East, thir- teen and fifty-five hundredths (13.55) feet to a point on the cul-de-sac in a southerly direction, on a curve to the left, having a radius of seventy-five (75) feet, an arc are distance of one hundred fifty-one and twenty-three hundredths (151.23) feet to a point on the corner of Lot #93 aforesaid, the place of beginning. Containing .72 acres, more or less, being Lot #92 in tile. Subdivision Plan of White Birch Farms, Sections 1 and 2, as shown in the Plan Book 44, Page 91, and recorded in the Cumberland County Recorders Office. HAVING THEREON ERECTED a dwelling house being known and numbered as 18 South Locust Lane, Mechanicsburg, PA, 17050. BEING THE SAME PREMISES WHICH Joshua D. Massie and Ni- cole L. Massie, husband and wife, by deed dated June 14, 2007 and recorded June 15, 2007 in and for Cumberland County, Pennsylvania, in Deed Book Volume 280, Page 2431, granted and conveyed unto Matthew E. Waters. TAX MAP NO.: 38-15-1275-047. 88 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire., Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 22, April 29, and May 6, 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 lie 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. Lisa Marie Coyne, Vditor= SWORN TO AND SUBSCRIBED before me this day of May, 2011 Notary / NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 26, 2014 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND f SS: I, Robert P. Zie ig_er, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Wellls Fargo Bank, N.A. is the grantee the same having been sold to said grantee on the 2 day of November A.D., 2011, under and by virtue of a writ Execution issued on the 1 day of January, A.D., 2011, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 7138, at the suit of Wells Fargo Bank, N.A. against Matthew E. Waters is duly recorded as Instrument Number 201203961. IN TESTIMONY WHEREOF, I have hereunto set my hand 7Q_ and seal of said office this 19 day of A.D. Recorder of Deeds Recorder of end Counl?, Carlisle, PA My Commissia? res e i rst Irfond?y of Jan. 2014 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 t4ePatriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss 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: 04/22/11 04/29/11 05/06/11 :l Sworn to and ubscribed re me this 23, /bf May, 2011 A.D. Notary Public C -- NSYVMIA shenie L. sea( K&W1 Notary PUNk Lower Paxton MY Comm TWp., DauOln County Member, Penns aM Nov 26, 2011 Association or Notaries ;R'i? iiSe1F'Si? irE Ni?is Aft. SeW A Die! fNferii All That Certain tact Of Land Situate in The Township %Silver Spring, County Of Cumberland' An Stet Of P sylvanfa, Bout And Dewed As FoVw& IRYWk: BogWft At A Point On The Comer Of Lot #'"-And A Cal-De-Sac At The End Of Locust Lace, As Shown In The Hereinafter Mentioned Plan Of; Lots; Thence Moog Said Lot #93, South Eight (8) Dees Forty-Four (44) Minutes Two (2) Seto ods . Fast, Fifty-One. And Fifty- Five Hundredths (51.85) Feet 7b A Point; Thence Along Line Of Said Lot #93, South Thirty-Flow (34) Degrees . Twenty One (21) Mimrtes Nine (9) West, One Hundred Forty Nine And Ilventy Four Hundredths (144:24) Feet To A Point On The Line Of Silver Spring 'township Park, As Shown In The Hereinafter Mentioned Plan Of Lpfs; Thence Aloes 3 Of Said Sgvcr dip Perk, North- Fifty-Five (55) Degreea'Thirty-Eight Minutes Fifty-One (51) Seconds WrsL SWPFour 7o A Point On The :Confer Of Lot #91, As Shown in The Hereinafter Met deabd Plan Of I,ots; Thence Along, Said Lot 491, North Fourteen (14) Degrees Thirty Four (34).Minutes Eleven (11)'Seconds `Nest, One Hundred Ninety And T Three Hundredtlia 090.23) Feet 1b A .Point On The Corner Of iitt #E82, As.Sho"--in The Hereinafter Mentioned A Of Lis; Thence Along Said Lot AZ North Fifty-. Six (56) Degrees 'li'velve (12) Minutes Fast One Hundred F",y (150) Feet 7b A Point On The South S& Of Locust Lane, As Shown In I)ie Hminaftef Mentioned Plan of Lots; Them Along Said Loafs' Lane, South TbutyThree (t) Degree Forty-light (44 1ttkttes East; Thirteen Arid Fifty-Five Hundredths (13.55] feet To A Point On The.. Qd•De-Sac In A" Southerly at?lorl, On A Curve To The Left, Hipv A; Radius Of s SeveffiyFive (75) Feet, An Arc Awn Dish Of One Hundred ` Flk-Olte And T-niity Three Hum (151.25) Feet To A Point On The C.mw Of Lot #93 Aforesaid, The Piece Of Begiatting - Containing .72 Acres, More Or i eai, Being Lot 4192 In Tile Su6division Plan Of White Birds Farms, Sections 1)6d 2, As Shown In The Plan Book 44, Page 91, And .Recorded In The Cumbethrid County Recorders Off Ice. Having Thereof! Erected A Dwelling House B -mow AWWumbred _ _M18 South Let lpue, Wi Btu *.am DatettitMr.WW* Jodra An8"'?Dmtl:¢led And R"Wed lone 15, ZOOT in And Fov dandCmn ,Poaeayh'aniar19 ?lip, 4ijWid And Cfa *jJ VOID itb AW l:. WOM jkx Mp-*.: 38-1541275*7-