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HomeMy WebLinkAbout10-7516i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO FINANCIAL PENNSYLVANIA, INC., CIVIL DIVISION Plaintiff, NO.: /p -~151 ~o ~ ' ~~ ~ vs. ~ u ~ ~ TYPE OF PLEADING Shirley A. Hartman CIVIL ACTION -COMPLAINT Defendant. IN MORTGAGE FORECLOSURE TO: DEFENDANT YOU ARE HEREBY NOTIFIED TO PLEAD TO THE FILED ON BEHALF OF: ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS Wells Far>;o Financial Pennsylvania Inc FROM SERVICE HEREOF OR A DEFAULTJUDGMENT MAY BE ENTERED AGAINST YOU. COUNSEL OF RECORD FOR THIS I HEREBY CERTIFY THAT THE ADDRESS PARTY: OF THE PLAINTIFF IS: AND THE DEFENDANT: 1174 Oyster Mill Road ZUCKER, GOLDBERG & ACKERMAN, LLC Camo Hill. PA 17011 Scott A. Dietterick, Esquire CERTIFICATE OF LOCATION Pa. I.D. #55650 I HEREBY CERTIFY THAT THE LOCATION OF Kimberly A. Bonner, Esquire THE REAL ESTATE AFFE CTED BY THIS LIEN IS Pa. I.D. #89705 1174 Oyster Mill Road Camo Hill PA 17011 Municioalitv: East Pennsboro Joel A. Ackerman, Esquire Pa LD. #202729 200 Sheffield Street, Suite 101 ATTORNEY FOR PLAINTIFF Mountainside, N1 07092 Arn FILE NO.: XCP 144343 (908) 233-8500 (908) 233-1390 FAX officeCa~zuckereoldber com File No.: XCP- 144343/swo r- ~- S Q c~ E-- ,~,-- .. z ~z ~ oz a dfz- Q ~ J ~~ ~° ~~ Ck~ 1346` ~z Q mW ~~- asp o~ ° ~~ ~ N V Zucker, Goldberg & Ackerman, LLC XCP-144343 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 XCP-144343 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO FINANCIAL PENNSYLVANIA, INC., CIVIL DIVISION Plaintiff, NO.: vs. Shirley A. Hartman Defendant. 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 XCP-144343 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO FINANCIAL PENNSYLVANIA, INC., CIVIL DIVISION Plaintiff, NO.: vs. Shirley A. Hartman Defendant. AVISO USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notification de esta Demanda 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 falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamation o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes pars usted. USTED DEBE LIEVAR 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 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 XCP-144343 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO FINANCIAL PENNSYLVANIA, INC., CIVIL DIVISION Plaintiff, NO.: vs. Shirley A. Hartman Defendant CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Wells Fargo Financial Pennsylvania, Inc., by its attorneys, Zucker, Goldberg & Ackerman, LLC, and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Wells Fargo Financial Pennsylvania, Inc., having its principal place of business at 3476 Stateview Blvd. Fort Mill, SC 29715. 2. The Defendant, Shirley A. Hartman, is an individual whose last known address is 1174 Oyster Mill Road, Camp Hill, PA 17011. 3. On or about November 21, 2005, Shirley A. Hartman executed a Note in favor of Wells Fargo Financial Pennsylvania, Inc. in the original principal amount of $64,670.09. 4. On or about November 21, 2005, as security for payment of the aforesaid Note, Shirley A. Hartman, a widow made, executed and delivered to Wells Fargo Financial Pennsylvania, Inc. a Mortgage in the original principal amount of $64,670.09 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on December 1, 2005, in Mortgage Book Volume 1932, Page 3976. 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. Defendants Shirley A. Hartman as surviving tenant by the entirety, are the record owners of the aforesaid mortgaged premises. Upon the death of Donald T. Hartman, all his/her right, title and interest in the aforesaid mortgaged premises vested to his wife/her husband, Shirley A. Hartman, by operation of law. 5. 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 XCP-144343 6. On or about August 6, 2010, Defendant was mailed a combined Notice of Homeowners' Emergency Mortgage Assistance Act of 1983 and Notice of Intention to Foreclose Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S. §101, et seq. 7. The amount due and owing Plaintiff by Defendant is as follows: Principal $60,468.14 Interest through 12/01/2010 $2,585.21 Attorneys' Fees $1,250.00 Title Search & Costs $2,500.00 Late Charges $ 206.20 Recording/Releasing Fee $ 50.50 Total $67060.05 plus interest on the principal sum ($60,468.14) from December 1, 2010, at the rate of $13.88 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $67,060.05, with interest thereon at the rate of $13.88 per diem from December 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 XCP-144343 ZUCKER,~OLp~E~(~ &~1¢KE~tIYIAN, BY: Dated: November 29, 2010 Scott . ietterick, Esquire; PA I.D. #55650 Kimb rly A. Bonner, Esquire; PA I.D. #89705 Joel A. kerman, Esquire; PA I.D. #202729 Attorneys for Plaintiff XCP-144343/swo 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 XCP-144343 EXHIBIT A ~,i~ ~~~~, n. Zucker, Goldberg & Ackerman, LLC XCP-144343 18-21-'10 15:44 FF30N1- T-297 P0~11/0027 F-654 ~~1~ ~. •. .,. • . -- ... ~,ti y v, 1.., V 1~ . ~_ ~~ .~ r~-r Prapiued by: Watts Fargo Financial, Inc. `~~~ ~~~ ~ fl~ ~ ~ ~y G04 Locust Des Moines, Iowa 54309 Return to: WELLS FARGO FINANCIAL PL•'NNSYLVANIA, INC. 4830 CA1tLISL); PIKE, E3 MECI~IANICS13iJItG, PA 17050 ~aR~r~A~~ DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 4, 11, 16, 18 and 19. Certain rules regarding the usage of words used in this document are also provided in Section 14. (A) "Ssolrrlty ~nstrrtment" means this document, which is dated 1l i/21/OS , Wgesther with all hiders m this document. (~) "Borrower" is SHiRI.EY A HART~~ A WIDOW Harrower is the mortgagor under this Security Instrument. (~ "Y,ender" is 11Valls Fargo Financia) Pennsylvania, Inc. Lender is a coeporation organi~od and existing under the laws of Pennsylvania. Lender's address is __ 48."lp -ARi,I I.E PIKB~,F~ MM~~iHATTIt'..RB JRCx. PA 17054 . Lesnd>rr is the mortgagee under' this Security It-strumant. (D) "Note" means the promissory note signed by Borrower and dated _ l 1!21!05 .The Note states that Borrower awes Lender ~ 64670.09 (i1.S. Dollars) plus irrterost. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than 11/26/30 - (L) "Pr+operty" means the property that is described bellow under the heading "Transfer of Rights in the Property." (I+~ "Cosa" means the debt evidenced by the Note, plus interest, any prepayment charges and tare charges due under the Note, and all sums due under this Security Instrument, plus irtbarest. p~iM19 BK 1932P63g76 10-Z1-`10 15:45 FROM- T-297 P001Z/00Z7 F-654 (Gj "RlderS" means all Riders to this Security Instrument that are executed by >3orrower. The following hiders era W be executed by Borrower [check box as applicable]; A~ustabk Rate Rider ~ Coademinium Rider ~] 3oCOnd Home Rider Balloon Rider [~ Planned Unit Uevelopmant Rider ~] Other(s) [specify] I-4 Family Rider [] Biweekly Payment Rider ~ "AppNabk Y.sw" moans all controlling Applicable federal, state and local statutes, regulations, ordinances and administrai3ve rules and orders (that have dta affect of !aw) As well as all applicable i'inal, non-appealable judicial opinions. (1[) "Cpotmaniry Asaoclatlon Dttee, »'ea, sod Asaesentants" moans ail dues, foes. aasessmants and other charges that era imposed on Borrower or the Property by a condominium association, hotnaowners association or similar organi;cation. (~j "Electra~ie Fonds Trsnafer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument; computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such germ includes, but is not limited to, paint-of--sale transfers, automated taller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (]fCj "MlstmWnaous iProeeetla" means any compensation, settlement, award of damages, ar proceeds paid by any third Party (other than insurance proceeds paid under the coverages described in Section 4} for: (i) damage to, or destruction of, the Pr»party; (i~ condemnation or other taking of ail or any part of the Property; (iii} conveyance in lieu of Condemnation; or (iv) misrepreatsentations of, or omissions as to, the value and/or condition of the Property. (L) "Mortgage Iasursnee" means insurance protecting l:.ender against the nonpayment of, or default an, the Lawn. (rin "perlodk P'aytneat" means dtie regularly scheduled amount due for principal and interest under dta Note. (Ih "]li>~S1rA" means the Rea! Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation 'X (2A C.P.R. Part 35011}, as they might be amended from time to tirnc, or any additions! or successor legislation ar regulation that governs the same subject matter. As used in this Security lnshument, "RESPA" refers to all requirements and t~6Strictions that are imposed in regard W a "federally talated mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (O) "Successor m Interest of )borrower" means airy party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Ynatrumant. P.O+z nr 1s PM~OQPOapd SK ! 932PG3977 10-21-`10 15:45 FAONI- TRANSFER OF RIGHTS 11V THE PROPERTY T-297 P0013/0027 F-654 This Security Yttstrvmettk secures to Candor: (i) the repayment of the Loan, and sit renewals, extensions and modifications of the Note; and (ii) the perfornesnce of Ijorrower's covenants and agreerrwnts under this Security instrument end dre Note. For this purpose, Borrower does hcreby mortgage, grant and convey to Lender the following described pn~rty located in the CO.INTY of C'C)MHIrRLAND [Type of Recording Jurisdiction] Ildame of Recording Sari fiction] The Deacripttort o! the Y'roperty is attached hereto as "Addendam A to Mortgage - DescrlptioA of Pra~petrty," sad is specNlcally fncorporttted herein. which currontly has the address of 1174 OYSTER MILL RD (Street] CAMP HILL ,Pennsylvania 17011 ("Property Address"): [City) [Zip Code] TOGETHER VVTI'I-l s!1 the improvements now or hereafter erected on the property, and all easements, appurtenances, amd fixtures now or hereafter a part of the property. All replacomentg and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants end will defend generally the title to the Property against alt claims and demamds, subject to any eneumbrancas of record. THIS SirC17R17"Y IIVSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security insmtnrent covering real property. IlIdIFORM COVENANTS. Borrower and Lender covonAnt and agroe as folbws: 1. psyaueat o[ I'cincipal, Inter~st,l9',scraw Items, IPrepatyment Cluirges, and Y.ate Chttt'gea Borrower sha11 pay when due the principal of, and interest on, the debt evidenced by the Moto and any prepayment charges and late charges due under the Note. Payments due under the Note and this Security Instrument shell be made in U.S, currency. However, if any check or other instrument received by Lender as payment under the Note or this Securiry Cnstnunent is returned to Lender gNpaid, Lender may requite that any or ap subsequent payments due under the Note and this Security Instrument ba made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified wo. a ~r +~ i~~~~ P14~D-0W6 B~(1932FG39?8 10-21-'10 15:45 FROM- ,. ~~' T-297 P0014/0027 F-654 check, bank check, treasurer's cha9ck or oashie~'s check, Provided any such check is'drawn upon an institution whose deposits sre insured by a federal agency, instrumentality, or entity; or (d) I'slectrvnic Funds Transfer. Z. AppHeAtian o(Paymesta or Proeeetta. ~Pt as otherwise described in this Suction 2, ail payments accepted and applied by lender shall be applied in the fallowing order of priority: (a) fees cod charges due under the Note; (b) interest dtm under the Note; and (c) principal due under the Note. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any raltaining atnourrts shall be applied first to any ether amounts due under this Security Instrumem. and then to reduce the principal balance of the Nota. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shelf not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Gbturges; Uses. Harrower shall pay ail taxes, asaassments, charges, fines, and impositions attributable bo the Property which can attain priority aver this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Duels, Fees, and Assessmet-ts, if any. Borrower shall promptly discharge any lien which has rity over this Security Instrument unless Borrower: {a) agrees in writing to the payment of the obligation secured by the lien in a rnamter a~cceptabie to Lender, but only so long as Borrower is performing such agreemtmt; {b) contests then lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in l.endar's opinion operate #o pravertt the enforcement of the lien while those proceedings are pending, but only until such proceedings era concluded; or (c) secures from the holdesr of the; lien an agreement satisfactory to I.andex subordinating the lien to this Security Instrument. If lender determines that any pelt of the property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifging the lien. within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actitxts set forth above in this Section 3. Lender mmy require l~ormwer to pay Gone-time dlarge for a real estate tax verification and/or reporting service used by Lander in connection with this Loan. 4. Property Insurance. Borrower shah keep the improvements now existing or hereafter erected on the Property insured against loss by nre, hazards includexl within the term "extended coverage," and any other hazards ineludmg, but not limited to earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductibb levels) and for the periods that Lender requires. What Lender requires pursuant w the preceding scMences can change during then term of the Loan, The insurance carrier providing the insurance shall be chosen by Borrower subject W X.,endesr's right to disapprove Borrower's choice, which right shall amt be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood none determination, certification and tracking services; or (b) a one-tint: Charge for flood zone dotertninatian and certification services and subsequesnt chargezs each time remappings ar similar changes occur which reasonably might affect such determination ar oerti~catian.l3orrower shall also be responsible fnr the payment of any fees imposed by the federal lmergeneey Management Agency in Concoction with the review of any flood zone determination resulting from an objeCtlon by q~ps t a ~3 PM20YP0YpS Bit i 932FG3979 10-21-`10 15:46 FROM- T-297 P0015/0027 F-654 _w,,,,.,......_ ... _... . Horrower. If Borrower fails to maintain any of the covensges described about, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under ao obligation to purohase any particular type or amottrrt of coverage. 'Cherefote, such coverage shall cover Lender, but might. or might not protect Borrower, Borrower's equity in the Property, or the oontertts of the Property, against any tysk, hazard or liability and might provide greater or lesser coverage than was previously in eFfeet. Borrower acknowledges that the cost of the insurance coverage so obtained might signitleantly exceed the oust of insurance that Harrower could have obtained. Any amounts disbursed by Lender uadcr this Section 4 shall become additional debt of Borrower sxured by this Security Inatrutnsnt. 7'hesc amounts shall bear interest at the Noto rata from the date of disbursement and shall be payable, with such intensst, upon notice from Lender to Borrower requesting payment. All insurance policies required by [,antler and t+otrewats of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee ar-dlor as an additional loss payee. Lender shat! have the right t4 hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipW of paid premiums and renewal notices. If Borrower obtains any form of insurance cavara®e, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and steal! name Lender as m and/or as an additions] loss payee. In the event of loss. Borrower shalt give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Leader and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying iasuesnce was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is rat lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lander has had an opportunity to inspect such Property to ensure the work has been comptebd to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applfcable l;,aw requires interest to be paid on such itesuaarrce proceeds, Lender shat) not be n3quired to pay Borrower any ingest or earaittgs on such proceeds. Fels for public adjustors, or other third partial, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, rtes insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if arty, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. if Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower doss not respond within 30 days to a notice front i,.endes that the insurance carrier has offered b settle a claim, then Lander may negotiate and settle the claim. 11te 30.day period will begin when the notice is given. In either event, or if Lender acquires the Property under Suction 20 ar otherwise, $ortower hereby assigns to Lender (a) Horrowet's rights to any insurance proceeds fn an amormt not to exceed the amounts unpaid under the Note or this Security htstrurtrent, and i~~+~ww~ r.~.sa,~ PA.ZD2Y(UpS ~~ 1 ~~~~c3geo 10-21-'10 15:46 FROhI- T-297 P0016/0027 F-654 (b) any other of Horrowe~s rights (other than the right to any refund of unearned premiums paid by Borrower) under al! insurance politics covering the Property, insofar as such rights aro applicable to the ooverage of the Properly. Lander may use the inaurmte protaeds wither to repair or restore the Property or to pay amounts unpaid ender the Note or this Security (nnttrment. whether ar not then due. S. Qeaupttday. Borrower shall occupy, establish, and use rho Property as Borrower's principal residence within 60 days alter the execution of this Security Instrument and shall continua to occupy the Property as Borrower's principal rosidenet3 for at Issst one year after the date of occupancy, unless Lender otherwise agrees in writing. which consent shall not be umreasonabty withheld, ~r unless extenuating oircumstances exist which era beyond Borrower's Control. b. Prcaervatton~ Maintenance and Protection of rise Property; [ospc+etiam. Borrower shall not destroy, damage or impair the Property, allow rho Property to dutieriorate or tornmit waste on the Property. 'Whether or not Harrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property tlrom deteriorating or decroasing in value due to its condition. Onless it is detarminod pursuant to 5ectian ~ that repair or restrnation is not economically feasible, Borrower shall prornptty repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to or the felting of, the Property, Borrower shalt be responsible for repairing os restoring the Property Only if Lender has released proceeds far such purposes. Lender mayy disburse proceeds for rho repairs and restoration in a singb payment or in a series of progress paymerrta as the work is completed. If the insurance or condemnation prooaeds are not suf'ftaient to r+spair or restore the Property, Borrower is not relieved of Borrower's abligetion for the completion of such repair or restoration. Leader or its agamt may make reasonable entries upon and inspxtians of the Property. if it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower natica at the time of or prior to such am interior inspection specifying such reasonable cause. 7. Borrower's Loan Appllcatiap. Borrower shat! Ire in default if, during the Loan application pnxsss. Borrower or any persons or entities acting at /he direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information ar statements to Lender {ar failed to provide Lender with material information) iu connection with the Loan. Material representations include, but are not limited to, reprosentations conccming l3orrowe~s occupancy of rho Property as Borrower's principal residence. 8. PretRCtiaa of Lender's Yuterest in the Property and lttighta Uaater this Security tastruartent. If (a) Borrower fails to perform the covenants and agreements eontalmed in this Security Instrument, (b) there is a legal proooedmg that might aigniilcantfy affect Lender's interest in rho Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, than Lender may do mid pay for whatever is reasonable or appropriate to protect Lenders interest in the Property end rights under this Security Instrument, including protnctirtg and/or assessing the value of the Property, and sdcuring and/or repairing the Property. Lender's actions can include, but are not limited to: (a) ~~~ ~~ a Pap. B aT ~3 PMI02POi06 ~t 1932P&398 i 10-Z1-'10 15:46 FAOP9- ,~ T-Z97 P0017/0027 F-654 paying any sums scoured lry a lien which has priority over this Security Instrument; (b) appearing in court: and (c) paying Iteasotrabla Attorneys' Pecs to protect its im~est in the Property and/or rights under this 5eeurity Mstrumettt, including eta seaurad position in a brnkruptcy proceedhrg. Securing the Property includes, but is not limited ta, entering rho Property to mdka t+epairs, change Iocks, replace or board up doors and windows, drain watrx from pipes, eliminate buildmg or other Bodo violations or dangerous conditions, and have utilities turned on ar off. Although Lender may take action under this Section 8, Lender does not have to da so and Ls not under any duty or obligation to do so. It is agreed that Lender incurs no liabiliiy for not felting any or ail actions authoti~ under this Section 8. Any amounts disbursed by Lender under this Section 8 shall became edditianal debt of Borrower secured by this Savorily Instrument. These arnounta shall bear interest at the Note rata from the data of disbursement and shall be payable, with such intiarest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply wid- alt dre prmrisians of the least. If Borrower acquires fee title to the Properly, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 9. Aaalgnment of Miscellrneous Proceeds; Forfeltore. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Leader. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or ropair of the Property, if the restoration or repair is economically feasible and Lender's seeurity is not lessened. During such repair and restoration period, Lender shall have the tight to hold such Miscellaneous Proceeds until Lender has had an opportunity CrJ inspect such Property to ensure the work has boon completed to Condor's satisfaction, provided that such inspection shall be undertaken promptly. T.,ender may pay for the repairs and restoration in a single diabursamant ar in a series of progress payments as the workrs completed. Unless an agreement is made in writing or Applicable Law requires interest to bt paid or such Miscellaneous Proceeds, Lander shall not be required to pay Borrower any interest or earnings on such Mlscellsneaus Proceeds. If the rEStoration ar repair is not ecanomitmlly feasible or Lender's security would be teasened, the Miseelhutevus Proceeds gall be applied to the sums secured by this Security Instrument, whether or not titan duo, with the excess, if arty, paid to Borrower, Such Misoellaneoua Proceeds shall be applied in the order provided for in Section 2. to the event of a total taking, destruction, or loss in value of the Property, tiro Miscellaneous Proceeds shall be applied to the sums secured by this Security ]nstrvment, whether or not then due, with the excess, if any, paid to Harrower. Yn the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property imntediatety before the partial taking, destruction, or toss in value is equal to or greater than the amount of the sums secured by this Security hrsttumont immediately before the partial taking, destruction, ar loss in value, unless Forrower and Lender otherwise agree in writing, the sums securod by this Steurity lnstrvment shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immexiiatety besor~a the partial taking, destruction, or loss in value divided by (b) the fair market vahte of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to i~~~ wN~d~a vA.2oaFOi08 fit f 93~p63982 10-21-'10 15:47 FROM- Y ~~ T-297 P0018/0027 F-654 Borrower. Yn the evarn of a partial taking, destrttetion, or toss in value of the Propwty in which the fair market value of the Property inunediabely before rho partial taking. deghuation, or loss in value is less than rho amount of die soma secured immediately bstbre tl-e partial talang, desauction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Ynstturnent whedtor or not the sums ore then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Harrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miaeelianeous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Insttvmont, vvltother ar not than dos. "Opposing Party" moans the third party that owes Borrower Miscellaneous Proceeds or tfie party against whom 13ormwer has a right of action in regard bo Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, i>y bender's judgnont, could result in forfeii,u~e of rho Property or other mat~eriai impalement of Lender's interest in the Property or rights under his Seeurity lnstrumant. Borrower can cure such a default and, if acceleration has aeeure+ed, reinstate as provided i» Section l7, by Causing the action or proceeding to be dismissed with a ruling that~ in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lendu's intent in the Property or right under this Security Ynstrument. The proceeds of amy award or claim for damages that are attrthutabls to the impairment of Lender's interest in the Property are hereby assigned and shall ba paid to Lender. All Miscellaneous Proceeds that ors not applied to rostoration or repair of the Property shall be applied in the order provided far in Section 2. 10. Borro+rer Not titelsased; Forbear~ee By re'dor Not a Waiver. Hxtension of the time for payment or modification of amortivstion of rho sums secured by this Security Instninumt gran#ed by Lender to Hoerrnver or any Snccossar in Irrterest of 13otmwer atoll rat operate to release the liability of Borrower ar any Successors in Imorest. of Borrower. Gender shall not be required W commence proeaedings against any Suoceasor in interest of Horrowm' ar to refuse m extend lima for payment or otherwise modify amortixatiou of the sums sccurod by this 3oauriry instrument by rCason of any demand made by the original Borrower or any Successors in Intstnet of Hormwer. Any farbearmco by Gander in exercising any right or ren-edy ineiuding, without IimiMtion, Lender's aeeaptanCe of paymeMS from third persons, entities or Suceessors is Interest of Borror~ver or in amounts less than the amount then due, shell nvt be a waiver of or preeludo the exoe+cise of any right or comedy. ii. Joist and Several Liability; Co-slgser:; Sotearaon amd Assigns Boaurd. Borrower covenants and agrees that Borrower's obligations artd liability shall ba joint and several. i~towaver, any Borrower who co-signs this 8ecarity Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and Convey the cosigner's interest in the PropeKy under the terms of this Security Instrument; (b) is not peeaonally obligated to pay the sums secured by this Security Instrument; and (c) agxaeea that Lender and any other Borrower can agree to extend, modit'y, forbear or make any accommodations with rogaed to the terms of this Security i~~ P.wea~s PMi'02Y.OY03 B1t1932P~3983 10-21-`10 15:47 FROM- T-297 P0019/0027 F-654 Instrument or the Note without the oasigners consent. Subject to the provisions of Section 16, any Successor in Interest of Borrower who assumes Borrower's obtigatiotts under this Security Ittatntrnent in wrking, and s$ approved by Lender, shall obtain ail of Borrowers rights and benefits under this Security Instrument, Borrower shall not ba released tYom Botoewers obligations and iiabiliry under this 9ecuriry Instrument unless bender agrees to such release in writing. The covenants end agreamertts of this Security Insaument shall bind (except as provided in Section ! g) and befit the successors and assigns of Lander. iZ. Loma Ghsrgea. Candor may charge Borrower fees for services p~fonmed in connection witfi Horrowera default, for the purposs of protecting Condors int~srest in the Properly and rights under this Socuriry Instrument; including, but not limited to, attorneys' fees, property inspection and valuation fees. >n negar+d to any other fees, the absence of express authority in this Security Instrument m charge a specific foe to Borrower shall not be construed as a prohibition an the charging of such fee. Candor may not charge fees that are expressly prohbited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges. and that law is froaliy interpreted so that the iriterBSt or other loan chargoa collected or to be coliocted in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall ba reduced by the amount necsasary to roduca the charge to the permitted Limit; and {b) any sums already collected froth Borrower which axcxeded permitted limits will be niitnded to Borrower. Lender may choose to make this t~efisttd by roducing the prinaipai owed under the Nate or by making a direct payment m Borrower. If a refund reduces principal, the reduction wiN be treated as a partial prepayment without arty prepayment charge {whether or not a prepayment charge is provided for under the Note).13orrowers acceptance of any such rei'Ssrid made by direct payrrrettt to Borrower will constitute a waiver of any right of action Borrower mutt have arising out of such overcharge. X3. Notkes. All notices given by Botmwer or Lendac in cotutection with this Security Instrument must be is writing. Any notice to Borrower in connection wilt this Security Instrument shall be deemed to have bean given to Borrower when mailed by tlrst class mail or when actually delivered to Borrower's trotice address if sent by outer means. Notice to any one Borrower shut) constitute notice to ail Borrowers unless Applicable Law expressly requires atharavise. Tha nonce address shall be the Property Address unless Borrower has designated a substitute notion address by notice in Lander. Borrower shall promptly notify [,under of Borrowers change of addross. If Gender specifics a pt'oc®d{u+e For reporting Borrowers change of address, than Honower shall only report a change of address through that specified proeedur+e. There may be only one designated notice address under this Security Instrument at any ono time. Any notice W Lander shat) be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrowe:. Any notice in connection with this Security Instrument shall not be deemed to have been givcaii to Lender until actually received by Lander. If any notice required by this Security Instrument is also roquired under Applicable Law, the Applicable Law t+oquirement will satisfy the cornesponding requit^emem tauter this Security Instrument. 14. Governing Lsrr; SeverabWty; Rules of CortatrucHott. This Security Insattmertt shall be governed by fedora) law acid the law of the jurisdiction in which the property is located. All rights and wo.ra~s PA-3~016ff ~(1932P63984 10-21-`10 15:48 FRO(°l- ___ T-297 P0020/0027 F-654 obligations comained in this Secarity Instrument are subject to any requirements artd {imitations of Applieeuble Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be constrarod as a prohibition against agreement by contract. ~ the event that any provision or clause of this Security Instrument or the Node con8iets with Applicable [.aw, such conflict shall not affect outer provisions of this Security instrument or the Nots which cart be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gander shall mean and include corresponding neuter words or words of the feminine gender, (b) words in the singular shelf mean anti include the plum! and vita versa; and (c) the word "may" gives sok discretion without any obligation to take any action. 1S. Borrower's Copy. Borrower shall be given one copy of the Hots and of this Security Instrument. 16. Transfer of the Property or a Benefleial ittttreet in 19osrower. As used in this Section 16, 'Interest in the Property" means any legal or bansficial interest In the Property, including, but net limited to, those beneticlal interests transferred i» a bond for dead, Contract for deed, installment sales contractor escrow agreement, the intent of which is the transfer of title by Borrower sf a future date to s purchaser. if all or any part of the Property or any Interest in the property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred withotit Lender's prior written tensest, Lender may requite immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. if Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not teas than 30 days from the date the notice is given in accordance with Suction 13 within which Borrower moat pay all sums seC~urcd by this Security Instrument. IF Harrower fails to pay these sums prior to the expiration of this period, Lender may invoke arty rem~lies permitted by this Security Instrument without further notice ar demand on Borrower. 17, Borrower's Ytisht to Iteinatate Aditer Acceleraiioy. if Borrower meets certain conditions, Borrower shall have the right to crave enforcement of this Security Instrument diseantinued at any time prior W the earliest of (a) five days before eels of the Property pursuant to any power of sale contained in this Secwity instrument; (b) such other period as Applicabk Law might specify for the termination of Borrower's rtight to reinstade; or (c) entry of a judgment enforcing this Security instrument. Those conditions are that Borrower: (a) pays L,e'nder all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any defauh of airy other covenants or agreements; (c} pays all expenses incurt~ed in enforcing this Security Instrument, including, but not limited to, Iteasoneble Attorneys' Fees, property inspection and valuation foal, and other fees intoned for the purpose of protcscting Lender's interest in the Property and rights under this Security instrument; and (d) takes such action as Lender may rea9onably require to assuro that I..ender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pny the sums scoured by this Security instrument, shall continue unchanged. Lender may require that Ilonrower pay such i~~~~ na.,o a is ~x~ooooa 8K 1932PG39$5 10-21-'10 15:48 FROM- _.. T-297 P0021/0027 F-654 reinstatement sums and axpenaaa in ane or more of the following forms, as selected by Lender. (a) cash; (b) money order; (c) certified chock, bank check, treasure's check or cashiers chock, provided any such check is drawn upon an institution whale deposits era insured by a federal agency, inad~umentality or entity; or (d) t3lectronic t~tnds Transfer, Upon reinstatetttertt by Borrower, Chia Security Instrument and obligations secured hereby shall remain fully aiP~ctive as if no acceleration had occurred, However, this right m reinstate ahatl not apply in the case of acceleration under Section 16. 1& Sale ri Note; Clwange of Loan Sesvker; Notke of Grlevasce. The Note or a partial interest in the Note (togetirer with this Security Instnrment) can be soW one or more times without prior notice to Borrower. A sale might result in a change in the entity {known as the "Loan Setvicer") that collects $ariodie Payments due under the Note and this Security Instrument and perfortna other mortgAgo loan sevici»g obligations under the Note, this Security Instrument, and Applicable Law. Thera also miglst be one or more changes of the Loan Sorvicer unrelated tv a sale of the Nola. If there is a change of the Loan 9ervicer. Borrower will ba gives written notice of the Change which will state the name and address of the new Loan Servicer, the address to which payments shautd be made and any other information R)BSAA requires in connection with a notice of transfer of aarvic;ng. tf the Note is sold aml thereafter the Loan is serviced by a Loan Sarvfcar other than the purchaser of the Kota, the mortgaBa loan servicing obligations to Borrower will rerttain with the Loan Servieer ar ba transferred to a successor Loan 5ervicer and era not assumed by the Note purchaser unless otherwise provided by the Note pwchasar. 19. Hazardous Subatartcea. As used in this Section 19: (a) "Hazardous Substances" are those substances defined as toxic ar hazardous substances, pollutant, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic pettSolaum products, toxic pesticides and herbicides, volatile solvents, materials Containing asbestos or famaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or anvironmantal protection; (c) "Environmenml Cleanup" includes say respottso action, remedial action, or removal action, as defined in Environmental Law; and (d) an "6nvironmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storagC, or release of any HtLZerdous Substances, or threaten to release arty Hazardous Subauncea, on or in the property. Borrower shall not do, nor allow anyone else to do, anything affecting the property (a) that is in violation of any 15nvironmentai Law, (b} which Cr+eatos an Environmental Condition, or (c} which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely Affects the value of the Property. The preceding two sentences shall not apply to the prosar-ea. use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized bo be appropriate to nornral residential uses and ivo maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shell promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by arty governmental or reguhttary agency or private party involving the Property and any t->azardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any rw. +~ a,a pM4QRC.aBOa BK t 932PG3986 10-21-'18 15:49 FB~9- T-297 P0022/0027 F-654 Etrr+imnmental Condition, including but not limited tv, any spilling, iatlJJcing, discharge, release or threat of roiease of arty Ha7ar+dous Substance, and (c) any condition cau9ed by rho presence, use or release of a Hazardous Substance which adversely atEacts the vahre of the ProPaciy. If Borrower learns, or it notified by any gaverrrmental or regulatory attthurity, or any private party, thrt any removal or other rentodiatiorr of any l~Iaxandous Substance affecting the Property is nee necessary r+enredial actions in scoordance with Envirorimontaa l~LawBNo#h>ng hereinal~j orrataeany obligation on Lender for an ~wirormremsf Cleamrp. NUN'-CINIFORM CUVSNANTS. Harrower and Lender further covenant and agt,OO as follows; ~d. Acederatiou; ReoB~ei, Lender rliAft givE notice #o Borrower prior tp uaierAti+rn following Borrower's breach of Any covenAnt or Ap'eemeat is tfiir SeturitY iprtruaaeat (bat sot prior to ttect~letratlon under Sedien i6 solar AppUatble Law provides oWar+vtre}. Lender sh>wll n~'y Borrower of, tunoag other things: (sj she dofAUtt; (b) the Actloa ragadrei w earo the def>znlt; (e} whey the dtfAnlt mast be cared; and (d) that fiifltrre to cure tits delttnk u sp~diled may result In acoeleratiog o[ the cams aecrred by thi Security iartrameAt, toredosure by Jndlcial ProEKdlag and role of rite Property. Louder ebttil fnrthrr inform Borrower of the right to relaetate salter Aoceleratlon And the right to sraert fdn the Coredaur+a Prig the colt-e~atence of a de[autt er any other defense of Horrawcr to accckratloa and forsclosvrw ]If bra datrwlt lr not cured as rpecifted, Leyrder at its a~ptloa maY require imawedirite payment io fall of rill sums rocnred ~~" this Security laatrument irithout furtbor demitrtd t~ >~' tiareebre Ehfa Secarl~ IAStr1larEnt by Jud~a~ ~ Y.euder :hail bs eatltled to eo111ect All espenra hkwrrod is parsaitrg the remedies provided in tits Section Z0, Includlag, bat net lhtfted t0. attorneys' fees and costa of title evidence tp tits etttent permittal by AppUcabk Law. 21. Releare. Capon payment of all sums secured by this Secwity instnretunt, this Security instrument and the estate conveyed shelf terminate and become void. After sash occurrence, Lender shall discharge and satisfy this Security Iristrtiprent. I3orrowar shall pay anY r+eeords,tion casts, Lender may charge Borrower a fee far releasing this Security Instrument, but only if the fee is paid to a third PAY for services rardetv+d and ills charging of the fee is permittod under Applicable Law. ~~. Walvews. I3orrawer, w the extent permitted by Applicable Law, waives and nteases any orroa' or defects in proceedings to enfprce this Security Instrutnant, and hereby waives the benetlt of any pr~asent or firittre laws providing far stay of execution, extension of time, exemption from attachmcru~ levy and sale, turd hotnesoead ~cemption. ~. Rclnatatement period. Borrower's time to nairrstate provided in Section 19 shaft extend to ane hour prior to the eommencemont of bidding at a sharifPs sate or other sale pur~ettant to this Security Instrument. 24. PurchASe Money Mortgage, If any of the debt secured by this 9ecurhty Instrument is lent to Borrower to aequir+e title to the Property, this Security Instrument shell be a purchase men ma 25. Iatareat Rate After Jwlgement. Borrower agrees that the intencst rntc ~ ~. Judgment is entered an the Note or in an action of mortgage foreclosure shall ba the m>~ypayable from time to time under the Note. ~ N~~~~ pw.,x a,~ PA.2028-0pp6 Bi~~93zP~3987 10-21-`10 15:49 FROM- T-297 P0023/0027 F-654 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants eantained in this Security Instrinnent and in arty Rider executed by Borrower and rocordcd wiflt it. Bompwer ~~ sx ~ (Seal) Borro (Seat) Borrower (Seal) Harrower (Seal) [Spaee BaM~v Tbla LIQe For Acknovrledg~ptj Carnmatweal/th of Pennsylvania } County of 41.rA~~ ) ss On this -~lst day of November ~ 2005 ~~~~ a Notary Public, perspnal ' beam me, [Y appeared ' and person(s) whose name(s) is (are) subscribed to the Wntlfin inatrumertt andImoEw ~d von tfiat tithe executed the saime for the purposes therein contained. ~ ~ )Y Witness my hand and seal the day and year aforesaid- ~tl.iil~~lr~iMM~ptsty, MY commission expires wa.~saia Notary Public Po-.'1p;pgpp06 BK ! 932PG398$ 10-21-'10 15:49 FBOM- ADDENDUM A TO 1KORTGAG$ Description oaf i~r~operty ALL THA? C$R?AIN PRl7FFATI SlTUAT$~} ITT T~It 701tNSNIP 01~ CUM815RLAND ZH fiflB ~GOtlNTY QF CUNSBAS.AND ANA COMPlO~NNiSJ1LTH OF PENNSYLVANIA. $EING DSSCRZi3ED A9 F`pY,~s; ~p LO';3 OF LAND NUlIiiLRB 19 AND 20. BEING HdRE !'UGLY OSSCllYBL+!? IH A nCBD DATED 05/15/1974 AND R>5C4lt13EQ 06/26/1474, AMClt4G Tye; 1,KN0 R$CdiWS Q!' THE GGUAITY AND STATE SL? !'dRMH A~pyE, IIV DEED VOI,EI!!E 28~g AND FAGS 35~ AND. ADflRE6bs 117 OYSTER MILL RD_; CAIN H1LL~ FA 170111058 T71X MAP pR PACtCEL ID ND.: 09-16-1DS4-0$! 1 Certify this #0 3e ree~,..r~~~ Tn Cumberland Coziiz~~ ~,~ w~, 3 ~' ~ ~ - ~I ~: Rece~•~f~;r of Dc~~ts T-297 P0024/0027 F-654 9~E ! 932PG39$9 VERIFICATION ~~ ~~~Iv(,~f ~ ,Esquire hereby states that he is attorney for Wells Fargo Financial Pennsylvania, Inc. 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 soo sit is received by counsel. The undersigned understands that this statem 't ism de ' u to a penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities I Dated: I Scott A. ~terick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Joel A. A ke man, Esquire; PA I.D. #202729 Attorneys or Plaintiff Zucker, Goldberg & Ackerman, LLC XCP-144343 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Financial Pennsylvania, Inc., Plaintiff VS. Shirley A. Hartman Defendant(s). I Hereby certify that the last known address of Defendant(s) is/are: 1174 Oyster Mill Road Camp Hill, PA 17011 And 820 Lisburn Road, Apt 601, CampHill, PA 17011-7468 And C/O John R. Beinhaur, Esquire 3964 Lexington Street Harrisburg, PA 17109 k4 1q. 4kz Attorney for Plaintiff CIVIL DIVISION No.: 2010-07516 ISSUE NUMBER: TYPE OF PLEADING: = --? -.. PRAECIPE FOR DEFAULT JUDGMEI?? w n -0 m (Mortgage Foreclosure) ?v 2j ° r"? C3 3'. rz-n -n FILED ON BEHALF OF: C1 =CD zc a a n Wells Fargo Financial Pennsylvania, Inc. ? 70 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.: XCP-144343 awe*t 14. m eed a Ck* 1(04019 N"k-cx Masted IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Financial Pennsylvania, Inc. CIVIL DIVISION Plaintiff, NO.: 2010-07516 VS. Shirley A. Hartman Defendant(s). TO: PROTHONOTARY SIR/MADAM: PRAECIPE FOR DEFAULT JUDGMENT Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendant(s), Shirley A. Hartman as surviving tenant by the entirety, in the amount of $67,906.73 which is itemized as follows for failure to file an Answer: Principal Interest through 02/01/11 Attorneys' Fees Title Search & Costs Late Charges Recording/Releasing Fee Total plus interest on the principal sum ($60,468.14) fr February plus additional late charges, and costs (including diti ;1l and costs and for foreclosure and sale of the mo ag p ZUCKER, $60,468.14 $3,445.77 $1,250.00 $2,500.00 $ 206.20 $ 50.50 $67,906.73 X9, at the rate of $13.88 per diem, mantes), additional attorneys' fees LLC Dated: February 1, 2011 By: L/ Scott A. YDDtterick, Esquire; PA I.D. #55650 Kimberl onner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Levy, Esquire; PA I.D. #306799 Atty File No.: XCP-144343 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 Email: Office@zuckergoldberg.com (908) 233-8500; (908) 233-1390 FAX Zucker. Goldberg & Ackerman, LL,C «Field2n-<< Field 1» AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: 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 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. ZUCKER, G R N, LLC Dated: February 1, 2011 By. Scott A. iet Brick, Esquire; .#55650 Kimberl onner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Levy, Esquire; PA I.D. #306799 Atty File No.: XCP-144343 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 Email: Office@zuckergoldberg.com (908) 233-8500; (908) 233-1390 FAX subscribed before me 4( of February, 2011 Notary My Commission Expires: ARD?S. SCHWAI#1 ki-11 GomJni"ion # 2303239 Notary-Public,5tate of 9ew.Jersey My Commission Expires March 09, 2014. Zucker. Goldberg & Ackerman, LLC «Field2»-u7ield 1)> IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Financial Pennsylvania, Inc. CIVIL DIVISION Plaintiff, VS. Shirley A. Hartman Defendant. NO.: 2010-07516 NOTICE OF ORDER, DECREE OR JUDGMENT TO: Shirley A. Hartman ( ) Plaintiff (X) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ftb- '2, aolk ( ) A copy of the Order or Decree is enclosed, or (X) The judgment is as follows: $67,906.73 plus interest on the principal sum ($60,468.14) from February 2, 2011, at the rate of $13.88 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged Zucker, Goldberg & Ackerman, LLC «Field2» -(<Field ] u IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Financial Pennsylvania, Inc. CIVIL DIVISION Plaintiff, vs. NO.: 2010-07516 Shirley A. Hartman Defendant. IMPORTANT NOTICE TO: Shirley A. Hartman C/O John R. Beinhaur, Esquire Harrisburg Office 3964 Lexington Street Harrisburg, PA 17109 DATE OF NOTICE: 1/19/2011 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 Financial Pennsylvania, Inc. Plaintiff, vs. Shirley A. Hartman Defendant. TO: Shirley A. Hartman C/O John R. Beinhaur, Esquire Harrisburg Office 3964 Lexington Street Harrisburg, PA 17109 CIVIL DIVISION NO.: 2010-07516 AN%SOEV>MI'CRTANIE FECHA DEL AVISO:1/19/2011 LL= ESTA IN MOELEKA PC ,E HA FALLADO M T LA ACCICI1? IN ESM CASQ A NII91CS QE LNIED TM E AIOCICN EE-4M EE LICIS PFUNU1IDIS Ltd GCD ETAS DE IA FEKI- A ICEEETIEA'%m, SE Pam I crm LNFALLDINCENIPA SUYA SNLI.EVARS'EA C.lABOLDA V1SMYLMM F= PIIMER SU PRCRECAD Y C URCS IM RVPCEUANM& LS III I;M LLEVAR EME DOC LMEN t7 IlZNE[ATAAEN.ME A SU ABOC>ADO S[ Ug= NC TIENIE IN A K)CvkDO O ND PLE E PACAR LNQ VAYA 0 LIANE LA CIFICEgA ARA O RNEKCAD A4 PARA QLE LE Il4KEMIFN DCINCE PCSE CCNSEF.XM AMEA TFaA NMCETIDDEF+EIID &I.AVATR SLICE 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 ZUC iR, GOLDBERG & ACKERMAN By--- S=A_ . Didlaidc Solt A Diette ick, Esquire Attomeys for Plairmff PA ID- # 55650 200 Sheffield Street, State 301 P-0. Banc 1024 Ma<aztammdr? W 07092-0024 (717) 533-3560 FUS' CLASS U S< MAIL, POSTAGE PF EPAM 144343 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Financial Pennsylvania, Inc. CIVIL DIVISION Plaintiff, vs. NO.: 2010-07516 Shirley A. Hartman Defendant. IMPORTANT NOTICE TO: Shirley A. Hartman 1174 Oyster Mill Road Camp Hill, PA 17011 DATE OF NOTICE: 1/19/2011 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 Financial Pennsylvania, Inc. Plaintiff, vs. Shirley A. Hartman Defendant. TO: Shirley A. Hartman 1174 Oyster Mill Road Camp Hill, PA 17011 CIVIL DIVISION NO.: 2010-07516 AN]N0E%VCRTA1%'IE FECHA DEL AVISO:1/19/2011 LL= ETA RIT Fd ? PCRQL.E HA FALIADO EE TCM4R L4, AC CMC RB7JERMA IN EIE C'ASO A NENCIS CXE USIFD TCPAE AMCN DEF RD EE MIS PRIC9MCIS (KC EIA.S ICE LA FDCHA DE ES M ANM, SE PLEEE I3CTAR 'UNFALIAIN CXJSZ ZASUYAgNIIEVARSEAC'ABOLINAVISTAYLBIMFLE E P K SU PROD Y C URCIa IDIS DA: C=ANIM LBIID D? IIEVAR ESIE DCCU43VIO IlV.1EEX4TANgNM A SU A203ADC) S[ LM M NC II NIE UN ABCICvAM O 1VD PCFLE PAG R Lim VAYA O LLAVE LA C HC3NA ABATO IlNEgCADA PARR QLE LE IINIKIRVEN DCNM PLEEE CXINSEQLIR AY[J-?A TFa" r4MCE'r0DEEM%D &LANNTM DICE 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 ZUC1<1a?,, GOLDBE G&AC ,N BY A. Dkilaidc Soatt A Dielterick Esquire Attemeys fa- Pl airmff PA ID_ # 55650 200 Sheffidd Street, Suite 301 P.0- Bcac 1024 Maurtawmde; W 0709240024 (717) 533-3560 FIRST' CLASS U. S. N PCSTAGE PREPAID 144343 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Financial Pennsylvania, Inc. Plaintiff, vs. Shirley A. Hartman TO: Shirley A. Hartman 820 Lisburn Road, Apt 601 Camp Hill, PA 17011-7468 DATE OF NOTICE: 1/19/2011 CIVIL DIVISION NO.: 2010-07516 IMPORTANT NOTICE 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 Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Financial Pennsylvania, Inc. Plaintiff, VS. Shirley A. Hartman Defendant. TO: Shirley A. Hartman 820 Lisburn Road, Apt 601 Camp Hill, PA 17011-7468 CIVIL DIVISION NO.: 2010-07516 AN%S01 VIPC.itTA1';W FECHA DEL AVISO:1/19/2011 ?APCRQUE IUWAR LAACCICIN IN ERIE CASO A NUNXR (LE LM M TCNIE ACaCN EE NDRD EE LCJIS P. S DIFZZ (10) ERAS DE LA FFJCHA L'E ES M ANSO, SE PCEE IICTAR LJNFA,LOIN OCN A SLJYA SN LLEVARSEA CABOLNA VLSTA Y IMM P= Pmt SU PRCHEEAD Y CURCS DEREla-IDS D&CETANIES LBTID DES I I EVAR ESIE DOCI.NIIVIO ENNEIDATANENIE A SU A 303 ADC) S[ LL= IqC IIENIE IN ABOCADO O ND PLEEE PACAR LNQ VAYA O LLAV,E LA CHCINA A 3ATO RNEXCADA PARR QUE LE Its DOLE PUECE AY-EA T COAL r4MCET0DE1WSD &LANN YMIA"IIi ALS EITW E 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 ZUCXEFZ, G0IDBERG&AC20EEUvL4N BY Sl=A. Qietbeick Scott A Dietterick Esquire Ancmeys far Plaintiff PAID. # 55650 200 Shefidd Street, Suite 301 P-0. Bax 1024 Mcurtainside, M 07092-0024 (717) 533-3560 FIRST CLASS U. S. MAIL., PCxSTAGE PLAID 144343 I ' • . SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ? at "?+brr? pt4 Jody S Smith ?o ?o Chief Deputy Richard W Stewart Solicitor QFPjU0FTH1$KRFF Wells Fargo Financial Pennsylvania Inc VS. Case Number . Shirley A. Hartman 2010-7516 SHERIFF'S RETURN OF SERVICE 12/09/2010. 06:46 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on December 9 2010 at 1846 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Shirley A. Hartman, by making known unto herself personally, at 820 Lisburn Road, Apartment 601, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. DENNIS RY, DEPU 12/15/2010 03:48 PM - Noah Cline, Deputy Sheriff, who being duly swom according to law, states that on December 15, 2010 at 1548 hours, he served a true copy of the within. Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Vanessa Tuckey, by making known unto herself personally, current occupant at 1174 Oyster Mill Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. AH CLINE, DEPUTY SHERIFF COST: $74.00 December 16, 2010 I #? q',?5 (c) Gotfl*SLAe Sh&". Teleowft, inc. SO ANSWERS, 1?z RON R ANDERSON, SHERIFF it IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION Wells Fargo Financial Pennsylvania, Inc., File No. 2010-07516 Amount Due $67,906.73 Plaintiff, Interest from 02/02/2011 to date of sale $4,150.12 VS. Shirley A. Hartman Costs Defendant. -p3 --; TO THE PROTHONOTARY OF THE SAID COURT: An ? o The undersigned hereby certifies that the below does not arise out of a retail installment sale, cilct oFccd?p I:,ased on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pufsuantzo Aof :1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. C 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 control h sai ar is 7ef). (Indicate) Index this writ against the garnishee(s) as a lis pende ain real at t defendant(s) described in the attached exhibit. DATE: February 1, 2011 4614. ©D AiTY 14. 00 Cf3F g, ga.oo ?? u y.00 %t a.s0 u si x(# . $Q Td Qt k1 it 2. C6 DuA ,? .%0 U, e,* 105W RE LOVii 69sOa4 Signature: Print Name: Ki berlylA. Bonner, Esquire Joel cke?rman, Esquire Ashlei 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 202567 201493 Zi.icki?r. (Foit137i rf.*, k Ackerman. 1.1 .(.? V, 11-1-{:a,; V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Financial Pennsylvania, Inc., CIVIL DIVISION Plaintiff, NO.: 2010-07516 VS. Shirley A. Hartman Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Financial Pennsylvania, Inc., 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 1174 Oyster Mill Road, Camp Hill, PA 17011. 1. Name and Address of Owner(s) or Reputed Owner(s): SHIRLEY A. HARTMAN AS SURVIVING TENANT BY THE ENTIRETY 1174 Oyster Mill Road Camp Hill, PA 17011 And 820 Lisburn Road, Apt 601, CampHill, PA 17011-7468 And C/O John R. Beinhaur, Esquire 3964 Lexington Street Harrisburg, PA 17109 2. Name and Address of Defendant(s) in the Judgment: SHIRLEY A. HARTMAN 1174 Oyster Mill Road Camp Hill, PA 17011 And 820 Lisburn Road, Apt 601, CampHill, PA 17011-7468 And C/O John R. Beinhaur, Esquire 3964 Lexington Street Harrisburg, PA 17109 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: WELLS FARGO FINANCIAL PENNSYLVANIA, INC. Plaintiff Alck,:r (;oIkI K, rrz & ,1t:kcrman. I.I \CP-I..Ig3 t S 4. Name and Address of the last record holder of every mortgage of record: WELLS FARGO FINANCIAL PENNSYLVANIA, INC. 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 1174 Oyster Mill Road Camp Hill, PA 17011 UNKNOWN SPOUSE 1174 Oyster Mill Road Camp Hill, PA 17011 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 I verify that the statements made in this Affidav are trye an r ct o the best of my personal knowledge, information and belief. I understand that fal st a is r in re made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to auth ri ies. ZUCKER LD E G E N, LLC Dated: February 1, 2011 BY: Scott A i tterick, Esquire; PA I.D. #55650 Kimbe ly A Bonner, Esquire; PA.I.D. #89705 Joel A. rman, Esquire; PA I.D. #202729 Ashleigh L. Levy, Esquire; PA I.D. #306799 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 File No.: XCP-144343 (908)233-8500;(908)233-1390 FAX E-mail: Office@zuckergoldberg.com /ucker. ( oldbcnr & Ackerman. I,1 (:' C'i'-1 143 -13 Exhibit "A" LEGAL DESCRIPTION ALL THOSE TWO LOTS OF LAND NUMBERS 19 AND 20 IN THE PLAN OF LOTS LAID OUT BY EDWARD B. MCCLUNE, IN EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, MARKED BY AN IRON PIN, AT THE LOW WATER MARK OF THE CONODOGUINER CREEK, SAID POINT BEING FIFTY-SIX (56) FEET SOUTHWEST CORNER OF LAND OF PAUL ESTWORTHY; THENCE ALONG THE LAND OF EDWARD B. MCCLUNE IN AN EASTERLY DIRECTION, TWO HUNDRED ELEVEN (211) FEET TO A POINT, MARKED BY A STAKE, OR THE CORNER OF LAND OF THE ESTATE OF JACOB KOHLER, DECEASED; THENCE ALONG THE LINE OF LAND OF THE KOHLER ESTATE IN A SOUTHERLY DIRECTION EIGHTY-FOUR (84) FEET TO A POINT, MARKED BY A STAKE AT THE CORNER OF OTHER LAND OF EDWARD B. MCCLUNE AND THE CORNER OF LOT NO.21; THENCE ALONG THE LINE OF LAND OF EDWARD B. MCCLUNE, IN A WESTERLY DIRECTION TWO HUNDRED SEVENTEEN (217) FEET AT THE LOW WATER MARK OF THE CONODOGUINER AND THE NORTHWEST CORNER OF LOT NO.21; THENCE ALONG THE CREEK IN A NORTHEASTERLY DIRECTION ONE HUNDRED (100) FEET TO A POINT, MARKED BY AN IRON PIN, THE PLACE OF BEGINNING. DEPTH OF THE HEREIN DESCRIBED LAND MEASURED BY GRADE OF THE LAND; NOT A PLUMBED MEASURE. BEING THE SAME PREMISES WHICH EDWARD B. MCCLUNE, WIDOWER, BY DEED DATED THE 11TH DAY OF JUNE, 1951, AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY IN DEED BOOK "A", VOLUME 18, PAGE 239, GRANTED AND CONVEYED UNTO CLARENCE S. HAWKINS AND EVELYN M. HAWKINS. THE SAID CLARENCE S. HAWKINS DIED AND TITLE TO SAID PREMISES BECAME VESTED, BY OPERATION OF LAW, IN THE SAID EVELYN M. HAWKINS, GRANTOR HEREIN. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 1174 OYSTER MILL ROAD, CAMP HILL, PA, 17011. BEING THE SAME PREMISES WHICH EVELYN M. HAWKINS, WIDOW, BY DEED DATED MAY 15, 1974 AND RECORDED AUGUST 16, 1979 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME P-28, PAGE 354, GRANTED AND CONVEYED UNTO SHIRLEY A. HARTMAN AS SURVIVING TENANT BY THE ENTIRETY. TAX MAP NO.: 09-16-1054-056. Zucker, Goldberg & Ackerman, LLC XCP-144343 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Financial Pennsylvania, Inc., CIVIL DIVISION Plaintiff, VS. NO.: 2010-07516 Shirley A. Hartman Defendant. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Shirley A. Hartman 1174 Oyster Mill Road Camp Hill, PA 17011 And 820 Lisburn Road, Apt 601, CampHill, PA 17011-7468 And C/O John R. Beinhaur, Esquire 3964 Lexington Street Harrisburg, PA 17109 TAKE NOTICE: That the Sheriff's 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 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 1174 Oyster Mill Road, Camp Hill, PA, 17011 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 2010-07516 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Shirley A. Hartman 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. Zucker, Goldberg & Ackerman, LLC XCP-144343 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 Sheriff's Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the p In, n. If a specific return date is desired, such date must be obtained from th Court Ad i at Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, P 1701 8 , f fre/ p esentation of the petition to the Court. ZUCKER Dated: February 1, 2011 BY- Scott Sco, Esquire; P A7.76. #55650 Kim, squire; PA.I.D. #89705 Joel Esquire; PA I.D. #202729 Ashl eigh L. Levy, Esquire; PA I.D. #306799 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 File No.: XCP-144343 (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 XCP-144343 Exhibit "A" LEGAL DESCRIPTION ALL THOSE TWO LOTS OF LAND NUMBERS 19 AND 20 IN THE PLAN OF LOTS LAID OUT BY EDWARD B. MCCLUNE, IN EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, MARKED BY AN IRON PIN, AT THE LOW WATER MARK OF THE CONODOGUINER CREEK, SAID POINT BEING FIFTY-SIX (56) FEET SOUTHWEST CORNER OF LAND OF PAUL ESTWORTHY; THENCE ALONG THE LAND OF EDWARD B. MCCLUNE IN AN EASTERLY DIRECTION, TWO HUNDRED ELEVEN (211) FEET TO A POINT, MARKED BY A STAKE, OR THE CORNER OF LAND OF THE ESTATE OF JACOB KOHLER, DECEASED; THENCE ALONG THE LINE OF LAND OF THE KOHLER ESTATE IN A SOUTHERLY DIRECTION EIGHTY-FOUR (84) FEET TO A POINT, MARKED BY A STAKE AT THE CORNER OF OTHER LAND OF EDWARD B. MCCLUNE AND THE CORNER OF LOT NO.21; THENCE ALONG THE LINE OF LAND OF EDWARD B. MCCLUNE, IN A WESTERLY DIRECTION TWO HUNDRED SEVENTEEN (217) FEET AT THE LOW WATER MARK OF THE CONODOGUINER AND THE NORTHWEST CORNER OF LOT NO.21; THENCE ALONG THE CREEK IN A NORTHEASTERLY DIRECTION ONE HUNDRED (100) FEET TO A POINT, MARKED BY AN IRON PIN, THE PLACE OF BEGINNING. DEPTH OF THE HEREIN DESCRIBED LAND MEASURED BY GRADE OF THE LAND; NOT A PLUMBED MEASURE. BEING THE SAME PREMISES WHICH EDWARD B. MCCLUNE, WIDOWER, BY DEED DATED THE 11TH DAY OF JUNE, 1951, AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY IN DEED BOOK "A", VOLUME 18, PAGE 239, GRANTED AND CONVEYED UNTO CLARENCE S. HAWKINS AND EVELYN M. HAWKINS. THE SAID CLARENCE S. HAWKINS DIED AND TITLE TO SAID PREMISES BECAME VESTED, BY OPERATION OF LAW, IN THE SAID EVELYN M. HAWKINS, GRANTOR HEREIN. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 1174 OYSTER MILL ROAD, CAMP HILL, PA, 17011. BEING THE SAME PREMISES WHICH EVELYN M. HAWKINS, WIDOW, BY DEED DATED MAY 15, 1974 AND RECORDED AUGUST 16, 1979 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME P-28, PAGE 354, GRANTED AND CONVEYED UNTO SHIRLEY A. HARTMAN AS SURVIVING TENANT BY THE ENTIRETY. TAX MAP NO.: 09-16-1054-056. Zucker, Goldberg & Ackerman, LLC XCP-144343 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N010-7516 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO FINANCIAL PENNSYLVANIA, INC. Plaintiff (s) From SHIRLEY A. HARTMAN (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 $67, 906.73 L.L.$.50 Interest from 2/2/11 to date of sale - - $4,150.12 Atty's Comm % Due Prothy $2.00 Atty Paid $206.50 Plaintiff Paid Date: 217/11 6 Other Costs (Seal) 1 E'Q'i ,STING PARTY: Name: SCOTT A. DIETTERICK, ESQUIRE Address: ZUCKER, GOLBERG & ACKERMAN, LLC 200 SHEFFIELD STREET, SUITE 101 MOUNTAINSIDE, NJ 07092 Attorney for: PLAINTIFF Telephone: 908-233-8500 Supreme Court ID No. 55650 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Wells Fargo Financial Pennsylvania Inc I Case Number vs. 2010-7516 Shirley A. Hartman _ SHERIFF'S RETURN OF SERVICE 03/10/2011 06:38 PM - Deputy Ronald Hoover, 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: Shirley A Hartman at 820 Lisburn Road, Apartment 601, Lower Allen Township, Camp Hill, PA 17011, Cumberland County 03/14/2011 06:26 PM - Deputy Ryan Burgett, 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 1174 Oyster Mill Road, Camp Hill, PA 17011, Cumberland County. 05/20/2011 As directed by Scott A Dietterick, Attorney for the Plaintiff, Sheriffs Sale Continued to 9/7/2011 09/02/2011 As directed by Scott A Dietterick, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/5/2011 10/04/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $926.49 October 04, 2011 SO ANSWERS, )f?? RON r R ANDERSON, SHERIFF On March 3, 2011 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA., Known and numbered as, 1174 Oyster Mill Road, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 3, 2011 By: Real Estate Coordinator -:; - i ',l' it k __ ... CUMBERLAND LAW JOURNAL Writ No. 2010-7516 Civil Wells Fargo Financial Pennsylvania Inc. VS. Shirley A. Hartman Atty.: Scott A. Dietterick ALL THOSE TWO lots of land Numbers 19 and 20 in the plan of lots laid out by Edward B. McClune, in East Pennsboro Township, Cum- berland County, Pennsylvania, be- ing more particularly bounded and described as follows: BEGINNING at a point, marked by an iron pin, at the low water mark of the Conodoguiner Creek, said point being fifty-six (56) feet southwest cor- ner of land of Paul Estworthy; thence along the land of Edward B. McClune in an easterly direction, two hundred eleven (211) feet to a point, marked by a stake, or the corner of land of the estate of Jacob Kohler, deceased; thence along the line of land of the Kohler estate in a southerly direc- tion eighty-four (84) feet to a point, marked by a stake at the comer of other land of Edward B. McClune and the corner of Lot No. 21; thence along the line of land of Edward B. McClune, in a westerly direction two hundred seventeen (217) feet at the low water mark of the Conodoguiner and the northwest corner of Lot No. 21; thence along the creek in a north- easterly direction one hundred (100) feet to a point, marked by an iron pin, the place of beginning. Depth of the herein described land measured by grade of the land; not a plumbed measure. BEING the same premises which Edward B. McClune, widower, by deed dated the 11th day of June, 1951, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book "A", Volume 18, Page 239, granted and conveyed unto Clarence S. Hawkins and Evelyn M. Hawkins. The said Clarence S. Hawkins died and title to said premises became vested, by operation of law, in the said Evelyn M. Hawkins, grantor herein. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 1174 OYSTER MILL ROAD, CAMP HILL, PA, 17011. BEING the same premises which Evelyn M. Hawkins, widow, by deed dated May 15, 1974 and recorded Au- gust 16, 1979 in and for Cumberland County, Pennsylvania, in Deed Book Volume P-28, Page 354, granted and conveyed unto Shirley A. Hartman as surviving tenant by the entirety. TAX MAP NO.: 09-16-1054-056. 30 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, 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. r Lisa Marie Coyne Editor SWORN TO AND SUBSCRIBED before me this C:6 da of May, 2011 J 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 Jbf Patr10tAbX1(W5 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: 04/22/11 04/29/11 05/06/11 Sworn to and'su 'cribed before me this 214aV'?f 1?4ay, 2011 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Noterw seal Sherrie L KWer, Notary Public Lower Paxton Twp., Dauphin County Commission Nov. 26, 2011 Member, Pennsvlvania Association of Notaries 2018757$ C1W 71t1lvn 1111oMl644 ble V9 Shk1ey A. HaMnen All Those Two Lots Of Land Numbers 19 And 20 In The Plan Of Lots Laid Out By Edward B. Mocltrne, In East Pennsboro Tbwns*, Cumberland County, Pennsylvania, Being More Particularly Bounded And Described As Follows: Beginning At A Poirot, . Marked By An Iron Pin, At The Low Water Mark Of The Conodogainer Creek, Said Point Being Fifty-Six (56) Feet Southwest Comer Of Land Of Paul Estworthy; Thence Along The Land Of Edward B. Mcchme In An Easterly Direction, Two Hundred Eleven (211) Feet To A Point, Marked By A Stake, Or The Corner Of Land Of The Estate Of Jacob Kohler, Deceased; Thence Along The Line Of Land Of The Kohler Estate In A Southerly Direction Eigbty-Four (84) Feet To A Point, Marked By A Stake At The Corner Of Other Land Of 'Edward B. Meclune And The Comer Of Lot No. 21; Thence Along The Line Of Land Of Edward B. Mcclune, In A Westerly Direction, Two Hundred Seventeen (217) Feet At The Low Water Mark Of The Conodoguiner And The Northwest Corner Of Lot No. 21; Thence Along The Creek In A Northeasterly Direction One Hundred (100) Feet To A Point, Marked By An Iron Pin, The Place Of Beginning. Depth Of The Herein Described Land Measured By Grade Of The Land; Not A Plumbed Measure. Being The Same Premises Which Edward B. Mcchme, Widower, By Debi Dated The 11Th Day Of June, 1991, And Recorded in The Office Of The Recorder Of " Deeds In And For Cumberland County In Deed Book A', Volume 1$, Page 239, Granted And Conveyed Unto Clarence S. Hawkins And Evelyn M. Hawkins. The Said Clarence S. Hawkins Died And Title To Said Premises Became Vested, By Operation Of Iaw, In The Said Evelyn M. Hawkins, Grantor Herein. Having Thereon Erected A Dwelling House Being Known And. Numbered As 1174 Oyster Mill Road, Camp IN, Pa, 17011. Being The Saone Protaises Which Evelyn M. Hawkins, Widow; By Deed Dated May 15, 1974 And Recorded August 16;1979 In And For Cumberland County, Pennsylvania, In Deed Book Vbhku P-2, Pags 354, Granted And Conveyed U00 Airley A Hartman As Surviving TenM I3 The Entirety. lhx Map No.: 04-4iFuftd 96. r____ 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION Wells Fargo Financial Pennsylvania, Inc., Plaintiff, vs. Shirley A. Hartman; Defendant. TO THE PROTHONOTARY OF THE SAID COURT: Costsr N ? G p? 7 F ZO am C) The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract of account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue Writ 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 control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. _ DATE: Signature: Print Name: Scott A. Metterick Esquire auM u4k4. 8D pct a.. q9 - Qa vo - /Al 00 - A Kimberly A. Bonner, Esquire Joel Ackerman, Esquire Ashleigh L. Marin, Esquire Ralph M. Salvia, Esquire Jaime R. 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.: 55650 89705 202567 306799 311032 ?`?Aa Ca' Ck+?ags4(? ? ? ab89il File No. 20 1 0-075 1 6 Amount Due $67,906.73 Interest from 02/01/2011 to date of sale $114 1. .-.z ..e?4W v M /uckcr. Goidhem & Ackerman 1.1 C X01-1-14.111" ? u ?f 4 A- M/k, Exhibit "A" LEGAL DESCRIPTION ALL THOSE TWO LOTS OF LAND NUMBERS 19 AND 20 IN THE PLAN OF LOTS LAID OUT BY EDWARD B. MCCLUNE, IN EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, MARKED BY AN IRON PIN, AT THE LOW WATER MARK OF THE CONODOGUINER CREEK, SAID POINT BEING FIFTY-SIX (56) FEET SOUTHWEST TO SOUTHWEST CORNER OF LAND OF PAUL ESTWORTHY; THENCE ALONG THE LAND OF EDWARD B. MCCLUNE IN AN EASTERLY DIRECTION, TWO HUNDRED ELEVEN (211) FEET TO A POINT, MARKED BY A STAKE, OR THE CORNER OF LAND OF THE ESTATE OF JACOB KOHLER, DECEASED; THENCE ALONG THE LINE OF LAND OF THE KOHLER ESTATE IN A SOUTHERLY DIRECTION EIGHTY-FOUR (84) FEET TO A POINT, MARKED BY A STAKE AT THE CORNER OF OTHER LAND OF EDWARD B. MCCLUNE AND THE CORNER OF LOT NO.21; THENCE ALONG THE LINE OF LAND OF EDWARD B. MCCLUNE, IN A WESTERLY DIRECTION TWO HUNDRED SEVENTEEN (217) FEET AT THE LOW WATER MARK OF THE CONODOGUINER AND THE NORTHWEST CORNER OF LOT NO.21; THENCE ALONG THE CREEK IN A NORTHEASTERLY DIRECTION ONE HUNDRED (100) FEET TO A POINT, MARKED BY AN IRON PIN, THE PLACE OF BEGINNING. DEPTH OF THE HEREIN DESCRIBED LAND MEASURED BY GRADE OF THE LAND; NOT A PLUMBED MEASURE. BEING THE SAME PREMISES WHICH EDWARD B. MCCLUNE, WIDOWER, BY DEED DATED THE 11TH DAY OF JUNE, 1951, AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY IN DEED BOOK "A", VOLUME 18, PAGE 239, GRANTED AND CONVEYED UNTO CLARENCE S. HAWKINS AND EVELYN M. HAWKINS. THE SAID CLARENCE S. HAWKINS DIED AND TITLE TO SAID PREMISES BECAME VESTED, BY OPERATION OF LAW, IN THE SAID EVELYN M. HAWKINS. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 1174 OYSTER MILL ROAD, CAMP HILL, PA, 17011. BEING THE SAME PREMISES WHICH EVELYN M. HAWKINS, WIDOW, BY DEED DATED MAY 15, 1974 AND RECORDED AUGUST 16, 1979 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME P-28, PAGE 354, GRANTED AND CONVEYED UNTO SHIRLEY A. HARTMAN AS SURVIVING TENANT BY THE ENTIRETY. TAX MAP NO.: 09-16-1054-056 Zucker, Goldberg & Ackerman, LLC XCP-144343 TV IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Financial Pennsylvania, Inc., CIVIL DIVISION Plaintiff, NO.: 2010-07516 VS. Execution No.: Shirley A. Hartman; Defendant(s). C rnw an = C) rn =- r z cn r -v co D tv rv C3 2 C a" -i C7 p ZC 7 ig pr c ?? = ?. --4 ? c-? 0 v AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Financial Pennsylvania, Inc., 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 1174 Oyster Mill Road, Camp Hill, PA 17011. 1. Name and Address of Owner(s) or Reputed Owner(s): SHIRLEY A. HARTMAN AS SURVIVING TENANT BY THE ENTIRETY 1174 Oyster Mill Road Camp Hill, PA 17011 AND 820 Lisburn Road, Apt 601 CampHill, PA 17011-7468 AND C/O John R. Beinhaur, Esquire 3964 Lexington Street Harrisburg, PA 17109 2. Name and Address of Defendant(s) in the Judgment: SHIRLEY A. HARTMAN 1174 Oyster Mill Road Camp Hill, PA 17011 AND 820 Lisburn Road, Apt 601 CampHill, PA 17011-7468 AND C/O John R. Beinhaur, Esquire 3964 Lexington Street Harrisburg, PA 17109 fucker. Coldbere & Ackerman. I.I.C NO'-144343 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: WELLS FARGO FINANCIAL PENNSYLVANIA, INC. Plaintiff 4. Name and Address of the last record holder of every mortgage of record: WELLS FARGO FINANCIAL PENNSYLVANIA, INC. 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 1174 Oyster Mill Road Camp Hill, PA 17011 UNKNOWN SPOUSE 1174 Oyster Mill Road Camp Hill, PA 17011 Zucker. Goldberg & Ackerman, LLC XCP-1 14343 UNKNOWN SPOUSE 820 Lisburn Road, Apt 601 CampHill, PA 17011-7468 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ZUCKER GOLDBERG & ACKERMAN, LLC Dated: p? • ?a _ ( BY: 0?mvm( Scott A. Dietterick, squire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA.I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 File No.: XCP-144343 (908) 233-8500; (908) 233-1390 FAX E-mail: Office@zuckergoldberg.com bucker. Ooidbera & Ackerman, H C X('11- 144343 Exhibit "A" LEGAL DESCRIPTION ALL THOSE TWO LOTS OF LAND NUMBERS 19 AND 20 IN THE PLAN OF LOTS LAID OUT BY EDWARD B. MCCLUNE, IN EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, MARKED BY AN IRON PIN, AT THE LOW WATER MARK OF THE CONODOGUINER CREEK, SAID POINT BEING FIFTY-SIX (56) FEET SOUTHWEST TO SOUTHWEST CORNER OF LAND OF PAUL ESTWORTHY; THENCE ALONG THE LAND OF EDWARD B. MCCLUNE IN AN EASTERLY DIRECTION, TWO HUNDRED ELEVEN (211) FEET TO A POINT, MARKED BY A STAKE, OR THE CORNER OF LAND OF THE ESTATE OF JACOB KOHLER, DECEASED; THENCE ALONG THE LINE OF LAND OF THE KOHLER ESTATE IN A SOUTHERLY DIRECTION EIGHTY-FOUR (84) FEET TO A POINT, MARKED BY A STAKE AT THE CORNER OF OTHER LAND OF EDWARD B. MCCLUNE AND THE CORNER OF LOT NO. 21; THENCE ALONG THE LINE OF LAND OF EDWARD B. MCCLUNE, IN A WESTERLY DIRECTION TWO HUNDRED SEVENTEEN (217) FEET AT THE LOW WATER MARK OF THE CONODOGUINER AND THE NORTHWEST CORNER OF LOT NO.21; THENCE ALONG THE CREEK IN A NORTHEASTERLY DIRECTION ONE HUNDRED (100) FEET TO A POINT, MARKED BY AN IRON PIN, THE PLACE OF BEGINNING. DEPTH OF THE HEREIN DESCRIBED LAND MEASURED BY GRADE OF THE LAND; NOT A PLUMBED MEASURE. BEING THE SAME PREMISES WHICH EDWARD B. MCCLUNE, WIDOWER, BY DEED DATED THE 11 TH DAY OF JUNE, 1951, AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY IN DEED BOOK "A", VOLUME 18, PAGE 239, GRANTED AND CONVEYED UNTO CLARENCE S. HAWKINS AND EVELYN M. HAWKINS. THE SAID CLARENCE S. HAWKINS DIED AND TITLE TO SAID PREMISES BECAME VESTED, BY OPERATION OF LAW, IN THE SAID EVELYN M. HAWKINS. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 1174 OYSTER MILL ROAD, CAMP HILL, PA, 17011. BEING THE SAME PREMISES WHICH EVELYN M. HAWKINS, WIDOW, BY DEED DATED MAY 15, 1974 AND RECORDED AUGUST 16, 1979 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME P-28, PAGE 354, GRANTED AND CONVEYED UNTO SHIRLEY A. HARTMAN AS SURVIVING TENANT BY THE ENTIRETY. TAX MAP NO.: 09-16-1054-056 Zucker, Goldberg & Ackerman, LLC XCP-144343 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Financial Pennsylvania, Inc., Plaintiff, : CIVIL DIVISION vs. Shirley A. Hartman; Defendant(s). NO.: 2010-07516 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Shirley A. Hartman 1174 Oyster Mill Road Camp Hill, PA 17011 AND 820 Lisburn Road, Apt 601, CampHill, PA 17011-7468 AND C/O John R. Beinhaur, Esquire 3964 Lexington Street Harrisburg, PA 17109 AND C/O John R. Beinhaur, Esquire 183 Lincoln Way East Chambersburg, PA 17201 TAKE NOTICE: n ^.7 ?N :r _ -4 zrn M M- CAr-- ru M?- `' ?z N ?O ? xo ? CID That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 06/06/2012 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 1174 Oyster Mill Road, Camp Hill, PA, 17011 Zucker, Goldberg & Ackerman, LLC XCP-144343 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 2010-07516 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Shirley A. Hartman A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. Zucker, Goldberg & Ackerman, LLC XCP-144343 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387, before presentation of the petition to the Court. ZUCKER GOLDBERG & ACKERMAN, LLC Dated: BY: maxwl Scott A. Di k, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA.I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 File No.: XCP-144343 (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 XCP-144343 Exhibit "A" LEGAL DESCRIPTION ALL THOSE TWO LOTS OF LAND NUMBERS 19 AND 20 IN THE PLAN OF LOTS LAID OUT BY EDWARD B. MCCLUNE, IN EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, MARKED BY AN IRON PIN, AT THE LOW WATER MARK OF THE CONODOGUINER CREEK, SAID POINT BEING FIFTY-SIX (56) FEET SOUTHWEST TO SOUTHWEST CORNER OF LAND OF PAUL ESTWORTHY; THENCE ALONG THE LAND OF EDWARD B. MCCLUNE IN AN EASTERLY DIRECTION, TWO HUNDRED ELEVEN (211) FEET TO A POINT, MARKED BY A STAKE, OR THE CORNER OF LAND OF THE ESTATE OF JACOB KOHLER, DECEASED; THENCE ALONG THE LINE OF LAND OF THE KOHLER ESTATE IN A SOUTHERLY DIRECTION EIGHTY-FOUR (84) FEET TO A POINT, MARKED BY A STAKE AT THE CORNER OF OTHER LAND OF EDWARD B. MCCLUNE AND THE CORNER OF LOT NO.21; THENCE ALONG THE LINE OF LAND OF EDWARD B. MCCLUNE, IN A WESTERLY DIRECTION TWO HUNDRED SEVENTEEN (217) FEET AT THE LOW WATER MARK OF THE CONODOGUINER AND THE NORTHWEST CORNER OF LOT NO.21; THENCE ALONG THE CREEK IN A NORTHEASTERLY DIRECTION ONE HUNDRED (100) FEET TO A POINT, MARKED BY AN IRON PIN, THE PLACE OF BEGINNING. DEPTH OF THE HEREIN DESCRIBED LAND MEASURED BY GRADE OF THE LAND; NOT A PLUMBED MEASURE. BEING THE SAME PREMISES WHICH EDWARD B. MCCLUNE, WIDOWER, BY DEED DATED THE 11TH DAY OF JUNE, 1951, AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY IN DEED BOOK "A", VOLUME 18, PAGE 239, GRANTED AND CONVEYED UNTO CLARENCE S. HAWKINS AND EVELYN M. HAWKINS. THE SAID CLARENCE S. HAWKINS DIED AND TITLE TO SAID PREMISES BECAME VESTED, BY OPERATION OF LAW, IN THE SAID EVELYN M. HAWKINS. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 1174 OYSTER MILL ROAD, CAMP HILL, PA, 17011. BEING THE SAME PREMISES WHICH EVELYN M. HAWKINS, WIDOW, BY DEED DATED MAY 15, 1974 AND RECORDED AUGUST 16, 1979 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME P-28, PAGE 354, GRANTED AND CONVEYED UNTO SHIRLEY A. HARTMAN AS SURVIVING TENANT BY THE ENTIRETY. TAX MAP NO.: 09-16-1054-056 Zucker, Goldberg & Ackerman, LLC XCP-144343 i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN Wells Fargo Financial Pennsylvania, Inc. CIVIL DIVISION > CD Plaintiff, NO.: 2010-07516 VS. a TYPE OF PLEADING Shirley A. Hartman; Pa. R.C.P. RULE 3129.2(C) AFFIDAVIT OF SERVICE Defendant. OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST FILED ON BEHALF OF: Wells Fargo Financial Pennsylvania, Inc. 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. Marin, Esquire- PA I.D. #306799 Ralph M. Salvia, Esquire- PA I.D. #202946 Jaime R. Ackerman, Esquire- PA I.D. #311032 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500 (908) 233-1390 FAX office@zuckereoldberg.com File No.: XCP- 144343/dsc Zucker, Goldberg & Ackerman, LLC XCP-144343 s ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Financial Pennsylvania, Inc. CIVIL DIVISION Plaintiff, NO.: 2010-07516 VS. Shirley A. Hartman; Defendant. Pa.R.C.P. RULE 3129(c) AFFIDAVIT OF SERVICE OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST I, Daniel Schlesinger, a paralegal with the firm of Zucker, Goldberg & Ackerman, LLC, attorneys for Plaintiff, Wells Fargo Financial Pennsylvania, Inc., being duly sworn according to law depose and make the following Affidavit regarding the service of Plaintiff's Notice of Sheriffs Sale of Real Property in this matter on Defendant/Owner and Other Parties of Interest as follows: 1. Defendant, Shirley A. Hartman as surviving tenant by the entirety, is the record owner of the real property. 2. On or about January 5, 2012, Defendant Shirley A. Hartman was served with Plaintiffs Notice of Sheriffs Sale of Real Property Pursuant to Pa. R.C.P. 3129, via Certified Mail, return receipt requested, at the address of 1174 Oyster Mill Road, Camp Hill, PA 17011. A true and correct copy of said Notice and Proof of Service are marked Exhibit "A", attached hereto and made a part hereof. 3. On or about March 16, 2012, Plaintiffs counsel served all other parties in interest with Plaintiffs Notice of Sheriffs Sale according to Plaintiffs Affidavit Pursuant to rule 3129.1, via First Class U.S. Mail, Postage Pre-Paid, with a Certificate of Mailing. True and correct copies of said Notices and Certificates of Mailing are marked Exhibit "B", attached hereto and made a part hereof. Zucker, Goldberg & Ackerman, LLC XCP-144343 Finally, the undersigned deposes and says that the Defendant/Owner and all other Parties of Interest were served with Plaintiffs Notice of Sheriffs Sale of Real Property in accordance with Pa.R.C.P. 3129.2. ZUCKER, GOLDBERG & ACKERMAN, LLC Attorneys for Plaintiff Dated: April 17, 2012 Sworn to and subscribed before me this ' day of April, 2012 Notary Public MY COMMISSION EXPIRES: PAUL C. NADRATOWSKI Notary Public of New Jersey ID# 2407850 My Commission Expires 4/27/2016 Zucker, Goldberg & Ackerman, LLC XCP-144343 Paralegal/Legal Assistant EXHIBIT A Zucker, Goldberg & Ackerman, LLC XCP-144343 s m? ZI Q R. N 3 G9 ltd" =Wa= -2 r m = o a-- D?3 v?= o -4 c _ LM i tr 0 ? J C3 O _ VVJJ 0 ~ r - N ? ?.° 'W"i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Financial Pennsylvania, Inc., : CIVIL DIVISION Plaintiff, NO.: 2010-07516 Vs. Shirley A. Hartman; , Defendant(s). 'NO'TICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA R,,, IM OF CIVIL PROCEDURE 3129 Shirley A. Hartman 1174 Oyster Mill Road Camp Hill, PA 17011 AND 820 Lisburn Road, Apt 601, CampHiil, PA 17011-7468 AND C/O John R Beinhaur, Esquire 3964 Lexington Street Harrisburg, PA 17109 AND GO John R. Beinhaur, Esquire 183 Lincoln Way East Chambersburg, PA 17201 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 06/06/2012 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A" The LOCATION of your property to be sold is. 1174 Oyster Mill Road, Camp Hill, PA, 17011 Zucker, Goldberg & Ackerman, LLC XCP-141343 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 2010-07516 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Shirley A. Hartman 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 QO TO OR TELEPHONE THE OFFICE SET LOTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717)249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. Zucker, Goldberg & Ackerman, LLC XCP-144343 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 Sheriff's Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA I7013.3387, before presentation of the petition to the Court. ZUCKER GOLDBERG & ACKERMAN, LLC Dated: ' - BY: Scott A. Diett 'ck, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PAID. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 File No.: XCP-144343 (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. Eiz Zucker, Goldberg & Ackerman, LLC XCP-144343 Exbibit "A" LEGAL DESCRlMON ALL THOSE TWO LOTS OF LAND NUMBERS 19 AND 20 IN THE PLAN OF LOTS LAID OUT BY EDWARD B. MCCLUNE, IN EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: ' BEGINNING AT A POINT, MARKED BY AN IRON PIN, AT THE LOW WATER MARK OF THE CONODOGUINER CREEK, SAID POINT BEING FIFTY-SIX (56)-FEET SOUTHWEST TO SOUTHWEST CORNER OF LAND OF PAUL ESTWORTHY; THENCE ALONG THE LAND OF EDWARD B. MCCLUNE IN AN EASTERLY DIRECTION, TWO HUNDRED ELEVEN (211) FEET TO A POINT, MARKED BY A STAKE, OR THE CORNER OF LAND OF THE ESTATE OF JACOB KOHLER, DECEASED; THENCE ALONG THE LINE OF LAND OF THE KOHLER ESTATE IN A SOUTHERLY DIRECTION EIGHTY-FOUR (84) FEET TO A POINT, MARKED BY A STAKE AT THE CORNER OF OTHER LAND OF EDWARD B. MCCLUNE AND THE CORNER OF LOT NO. 21; THENCE ALONG THE LINE OF LAND OF EDWARD B. MCCLUNE, IN A WESTERLY DIRECTION TWO HUNDRED SEVENTEEN (217) FEET AT THE LOW WATER MARK OF THE CONODOGUINER AND THE NORTHWEST CORNER OF LOT NO.21; THENCE ALONG THE CREEK IN A NORTHEASTERLY DIRECTION ONE HUNDRED (100) FEET TO A POINT, MARKED BY AN IRON PIN, THE PLACE OF BEGINNING. DEPTH OF THE HEREIN DESCRIBED LAND MEASURED BY GRADE OF THE LAND; NOT A PLUMBED MEASURE. BEING THE SAME PREMISES WHICH EDWARD B. MCCLUNE, WIDOWER, BY DEED DATED THE 11 TH DAY OF JUNE, 1951, AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY IN DEED BOOK W', VOLUME 18, PAGE 239, GRANTED AND CONVEYED UNTO CLARENCE S. HAWKINS AND EVELYN M. HAWKINS. THE SAID CLARENCE S. HAWKINS DIED AND TITLE TO SAID PREMISES BECAME VESTED, BY OPERATION OF LAW, IN THE SAID EVELYN M. HAWKINS. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 1174 OYSTER MILL ROAD, CAMP HILL, PA, 17011. BEING THE SAME PREMISES WHICH EVELYN M. HAWKINS, WIDOW, BY DEED DATED MAY 15,1974 AND RECORDED AUGUST 16,1979 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME P-28, PAGE 354, GRANTED AND CONVEYED UNTO SHIRLEY A. HARTMAN AS SURVIVING TENANT BY THE ENTIRETY. TAX MAP NO.: 09-16-1054-056 Zucker, Goldberg & Ackwu i, Uz XCP-144343 EXHIBIT B Zucker, Goldberg & Ackerman, LLC XCP-144343 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Financial Pennsylvania, Inc. Plaintiff, VS. CIVIL DIVISION NO.: 2010-07516 Shirley A. Hartman; Defendant(s). NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: UNKNOWN TENANT OR TENANTS 1174 Oyster Mill Road Camp Hill, PA 17011 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 UNKNOWN SPOUSE 820 Lisburn Road, Apt 601 CampHill, PA 17011-7468 UNKNOWN SPOUSE 1174 Oyster Mill Road Camp Hill, PA 17011 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in: the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 On 06106/2012 at 10:00am, the following described real estate which Shirley A. Hartman as surviving tenant by the entirety are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of. 1174 Oyster Mill Road, Camp Hill, PA 17011 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). Zucker, Goldberg & Ackerman, LLC XCP-144343 144343D1004C03062012P1 The said Writ of Execution has been issued on a judgment in the action of Wells Fargo Financial Pennsylvania, Inc. Shirley A. Hartman, et al Plaintiff Defendant(s) at EX. NO. 2010-07516 in the amount of $67906.73 plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. ZUCKER, GOLDBERG & ACKERMAN, LLC Dated: BY: l Scott A. ie erick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA J.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; Pa I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: XCP-144343 (908) 233-8500; (908) 233-1390 FAX E-mail: Office@zuckergoldberg.com VS. Zucker, Goldberg & Ackerman, LLC XCP-144343 144343D1004C03062012P2 Page 1 of 4 NOTICE TO LIENHOLDERS JAI WEB.?' TUT'ES r PC?L ?K Thk C*W1cv%of WWnp provldas avldenm that maa has been prwntsd to USPSs for matari. THs form my be used fordomastk , and Imam Waal rmt r ' Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 O4? z" tURAET aovv" 0211 $ 01.150 04282036 MAR 16'2012 ZIPCODE 07092 tzoe T ??31d?.s'?t"• XCP-144343/sde TEAM C Ta. UNKNOWN TENANT OR TENANTS Postmark Here 1174 Oyster Mill Road Camp Hill, PA 17011 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530.02-000.9065 UNITEDSTATES OUSULSERV`1CEs Tfi c«tMlwb of hWinS pmAdu Wdwai hat maa has been prwrrrad to USPS6 for naurt. THs form may be umd for donertk and Inlarratbeel malL ``°mr Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XCP-144343/sde TEAM C COMMONWEALTH OF PENNSYLVANIA Postmark Here DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 -00. F004Q, r3^_±1IY70L1dA.yCUo- n1- Page 2 of 4 NOTICE TO LIENHOLDERS NGJ jo: NIT Pty -TL 3E ICE '. 7WCwWiw%ufh%V Spr°vldwwWw dwtmalhrbaanpresaMedWUSPS*WMSMVi ; kfammwbe k and brtarmdwdd mi. C. n'o?' Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 'sue ro, ' '=W.W? a,. 2012 02 Im 000 282036 ?MARR1-150 ,mMSO FROM ZIP CODE 0 70 92 XCP-144343/sde TEAM C CUMBERLAND COUNTY TAX CLAIM BUREAU Postmark Here Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 tlANTEp?TdTE+S This Grtliwes of Mal ft prwldos wkMnw that mal has bwn pr=KW to UWSe for m0kV. This form may be and for domasth: and brtamatioml rr" From. r__aa w c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XCP-144343/sde TEAM C T°' UNKNOWN SPOUSE Postmark Here 820 Lisburn Road, Apt 601 CampHill, PA 17011-7468 County of P.Q.: CUMBERLAND PS Form 3817, AprH 7007 PSN 7530-02-000-9065 , 02 1M $ 01.150 0004282036 MAR16 2012 U&I OM ZIP CODE 07092 7 Page 3 of 4 NOTICE TO LIENHOLDERS This conieum of Maims pra'W*s @vNanw ftt and has been premntad to USPse far msi0n& This and ktgraatkMW mall. Pram` Scott A. Dietterick, Esquire ""Os P.f 2 $ 4282036 MAR 16 20 2 FROM ZIPCODE 07092 c/o Zucker, Goldberg & Ackerman, LLC c tgl 200 Sheffield Street, Suite 101 0 ??f Mountainside, NJ 07092 XCP-144343/sde TEAM C T- CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Pomork Here Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530.02000-9065 tlN1TCDSTdTES 0.6'S'?dL SERVICEe This Certlilwte of Malkq provldas evidem a tW msl has bean praaMad to USPSe formallirg This form mer be used for dornntle and ktematkmal mail. p'"nr' Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC e ?s MTN" BOWES 02 1 ? 01.15° 000428 MAR16 2012 ? llp? 0 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XCP-144343/sde TEAM C Tor PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Postmark Here Dept. 280601 Harrisburg, PA 17128-0601 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 Page 4 of 4 NOTICE TO LIENHOLDERS TMs brMata of ms ft Pmvldes evldance 1bt maf bs ben pwnted to USPSO fornuft. ThR form and IMmodo wl ma0. From: C--- w n:..w..r:..L r.....A- r` VONE Row es 02 1M $ 01.160 62036 MAR 16 2012 1 ROM ZIP CODE 0 70 82 i c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 \tp Mountainside, NJ 07092 XCP-144343/sde TEAM C To: UNKNOWN SPOUSE Postmark Here 1174 Oyster Mill Road Camp Hill, PA 17011 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530.02-0009065