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HomeMy WebLinkAbout11-0355 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, NA, Plaintiff, Vs. TRACY JAMES CREGUER; MANDI L. CREGUER Defendants. c o .an CIVIL DIVISION a = --i pl l - 3<< bVi I No ?r- . -f?ru1 u ao TYPE OF PLEADING - ; ,, o? --n n CIVIL ACTION - COMPLAINI1 :z rn IN MORTGAGE FORECLOSUR9 o D n --C• TO: DEFENDANTS YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 3476 STATEVIEW BLVD. MAC # X7801-013, FT. MILL. SC 29715 AND THE DEFENDANT: 316 2nd Street Enola, PA 17025 CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFE CTED BY THIS LIEN IS 316 2nd Street. Enola PA 17025 FOR PLAINTIFF ATTY FILE NO.: XVP 146954 FILED ON BEHALF OF: Wells Fargo Bank. NA COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire Pa. I.D. #55650 Kimberly A. Bonner, Esquire Oa. 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 (908) 233-1390 FAX office@zucker.eoldberiz.com File No.: XVP- 146954/swo qw°>Q? Nate. ??IS?ab ' A aS3'1 Zucker, Goldberg & Ackerman, LLC XVP-146954 0 q z 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 XVP-146954 # ( Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, NA, CIVIL DIVISION Plaintiff, NO.: aU u - 3.? S G V Tei? VS. TRACY JAMES CREGUER; MANDI L. CREGUER Defendants. 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 LAWYER REFERRAL 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 Zucker, Goldberg & Ackerman, LLC XVP-146954 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, NA, Plaintiff, CIVIL DIVISION NO.. VS. TRACY JAMES CREGUER; MANDI L. CREGUER Defendants. AVISO LISTED 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 notificacion 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 reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Listed puede perder dinero 0 propiedad u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A LINO, LLAME A VAYA A LA SIGUEINTE OFICINA PARA 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 XVP-146954 f t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, NA, CIVIL DIVISION Plaintiff, NO.: VS. TRACY JAMES CREGUER; MANDI L. CREGUER Defendants CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Wells Fargo Bank, NA, by its attorneys, Zucker, Goldberg & Ackerman, LLC, and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Wells Fargo Bank, NA, having its principal place of business at 3476 STATEVIEW BLVD., FT. MILL, SC 29715. 2. The Defendants, Tracy James Creguer and Mandi L. Creguer, are individuals whose last known address is 316 2nd Street, Enola, PA 17025. 3. On or about October 31, 2008, Tracy James Creguer and Mandi L. Creguer executed a Note in favor of American Mortgage Network, Inc., DBA Amnet Mortgage in the original principal amount of $102,400.00. 4. On or about October 31, 2008, as security for payment of the aforesaid Note, Tracy James Creguer and Mandi L. Creguer, Husband and Wife made, executed and delivered to Mortgage Electronic Registration Systems, Inc. as nominee for American Mortgage Network, Inc., DBA Amnet Mortgage a Mortgage in the original principal amount of $102,400.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on November 14, 2008, Instrument #200837230. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "A", attached hereto and made a part hereof. 5. The aforesaid Note and Mortgage was assigned by Mortgage Electronic Registration Systems, Inc. as nominee for American Mortgage Network, Inc. dba Amnet Mortgage to Wells Fargo Bank, N.A., plaintiff herein, pursuant to an assignment of mortgage to be recorded. Zucker, Goldberg & Ackerman, LLC XVP-146954 f 6. Tracy James Creguer and Mandi L. Creguer, husband and wife are record and real owners of the aforesaid mortgaged premises. 7. Defendants are 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. 8. On or about October 3, 2010, Defendant(s) were 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. 9. The amount due and owing Plaintiff by Defendants is as follows: Principal $100,564.75 Interest through 12/10/2010 $3,328.63 Attorneys' Fees $1,250.00 Title Search & Costs $2,500.00 Late Charges $ 79.14 Escrow $ 481.90 Corporate Advance $ 15.00 Other $ 100.50 Total $108,319.92 plus interest on the principal sum ($100,564.75) at the rate of $ 20.66 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 $108,319.92, with interest thereon at the rate of $ 20.66 per diem and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Zucker, Goldberg & Ackerman, LLC XVP-146954 ZUCKER, GOLDBERG & AC RMAN, LLC BY: Dated: December 27, 2010 Scott A. Dietteric , Esquire; PA I 14. 55650 Kimberly A. Bonner, Esquire; P I.D #89705 Joel A. Ackerman, Esquire; PA I. . 202729 Ashleigh L. Levy, Esquire; PA I.D. #306799 Attorneys for Plaintiff XV P-146954/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 XVP-146954 EXHIBIT A r , - 37)x30 lid . 1111111111 001 5ST ? it, 59 1 Prepared By: MARK R. SEXERAD Return To: FIDELITY CLOSING SERVICES 325 WEST AARON DRIVE STATE COLLEGE, PA 16803 W 6 w-09 -00 (v ( Parcel Number: 45-17-1044-127 Premises: alts 31U n 's'-ree=k, er.v lq , PA I -T v? S VA CASE # 10-10-6-0598529 LOAN NO. 228-247161 (Space Above This rdae For neoording Datal MORTGAGE DEFINITIONS MIN 1001310-2280247161-9 Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Sw ion 16. (A) "Security Instrument" nzans this document, which is dated OCTOBER 31, 2008 , together with all Riders to this document. (B) "Borrower"is . TRACY JAMES CREGUER AND MANDI L. CREGUER, HUSBAND AND WIFE Borrower is the mortgagor under this Security Instrument. (C) "MFRS" is Mortgage Electronic Registration Systems, Inc. MFRS is a separate corporation that is acting solely as a nominee for Lender and Lender's suc oomrs and assigns. MFRS is the mortgagee under this Security Instrument. MEM is organiwd and existing under the laws of Delaware, and has an address and telephone number of P.Q. Box 2026, )`lint MI 48501-2026, tel. (888) 679-MFRS. PENNSYLVANIA - Single Family - Fends Mae/Freddie Mac UNIFORM INSTRUMENT WITH MFRS Wolters Kluwer Financial Services VMP4-SAIPAt 07091.01 Form 3039 1101 Paps I of 1e I 199^- (D) "Lender"is AMERICAN MORTGAGE NETWORK, INC., DBA AMNET MORTGAGE Leader is a CORPORATION organized and existing under the laws of THE STATE OF DELAWARE Lender's address is P. 0. BOX 85463, SAN DIEGO, CA 92186 (E) "Note" means the promissory note signed by Borrower and dated OCTOBER 31, 2008 The Note states that Borrower owes Lender ONE HUNDRED TWO THOUSAND FOUR HUNDRED AND 00/100 Dollars (U.S. S 102,400.00 ) plus interest Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in fall not later than NOVEMBER 01, 2038 (I) "Property" means the property that 'is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: Adjustable Rate Rider Condominium Rider Second Home Rider Balloon Rider Planned Unit Development Rider 14 Family Rider VA Rider Biweekly Payment Rider Other(s) [specify) (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (,n "Community Association Does, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Heeds Transfer" means any transfer of funds, other than a Umnsaction 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, insttoct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated. clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (K) "Miscellimem Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section S) for: (i) damage to, or destruction of, the Properly; (ii) condemnation or other taldrug of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument VMPa-MPAI torostai Page 2 of Is Form 3039 1101 (P) "RESPA" nuans the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject nuntter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIG14TS IN THE PROPERTY This Security instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii)•the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MFRS, the following described property located in the COMM [Type orRw=Lia` xxisdictioa) Of Ct*MMtLAND (Nam ofReoorft Jurisdiction]: SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF which currently has the address of ("Property Address"): 316 2ND ST [street] ENOLA • [City), Pennsylvania 1702S lzip CO&I TOGETHER WITS all the improvements now or hereafter erected on the property, and all easements, nances, and fixtures now or hereafter a pan of the property. AU replacement$ and additions also be covered by this Security tnstmmcnt. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that NEW holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to empty with law or custom, MFRS (as nominee for Lender and Lender's successors and assipss) has the right: to exercise any or all of those interests, including, but not limited to, the right to forecclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. VMPO- A(PA)jwmpi Pace 3orle Form 3039 1101 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 and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and ran-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Leader unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lander: (a) cash; (b) money order; (e) certified check, bank check, treasurer's check or cashier`s chock, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan curmt. Lender may accept arry payment or partial payment insufficient to bring the Loan currant, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied fluids. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security instrument or performing the covenants and agreements secured by this Security Instrument. L Application of *Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest clue under the Note; (b) principal due under the Now, (c) amounts due under Section 3. Such paymennts shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment VMP ®-6AIPA) lo7cayoti Page 4 of $6 Form 3039 1101 can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insunu m procmdr., or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due'date, or change the amount, of the Periodic Payments. 3. Funds for Fscro* Items. Borrower shall pay to Lender on the day Periodic Payments art due tinder the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by lender under Section 5, and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, lender may require that Community Association Dias, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be'paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items far which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as lender may require. Borrower's obligation to make such payments and to provide receipts shall for all -purposes be deemed to be a covenant and agteemcrn contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender-can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits arc so insured) or in any Federal Home Loan Bank Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreenumt is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest VMPA-8A(PAI p7mpt wo.ea 16 Form 3038 1101 shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held iii escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in acoardance•with kMPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4, Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security lnstnunent, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings ampending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien. to this Security Instrument. If Lender determines that any part of the Property is subject to alien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within IO days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may requite Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage;" and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lenders right to disapprove Borrower's choice, which right shall not be exercised nnreasonably. Lender may require Borrower to pay, in connection with this Loan, either. (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. I VMP a-OWPA) pmelm Feesa of to Form 3039 1/01 If Borrower fails to maintain any of the coverages described above, Lender may -obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Properly, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exooed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. N Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or desinwdon of the Property, such policy shall include a standard mortgage clause and shall.name Lender as mortgagee and/or as an additional lass payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be. applied to restoration or repair of the Property, if the restoration or Mair is economically feasible and Lenders security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proccods for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Pets for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the s61e obligation of Borrower. If the restoration or repair is not economically feasible or Lenders security would be lessened, the insurance proooeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. . If Borrower abandons the Property, Lender may file, negotiate and settle arty available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrowers rights (other than the right to any refund of untamed premiums paid by Bormwer) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. VMP a-6A(PA) (o7on.oi Poor 7 of 16 form 3039 7101 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continde to occupy the Properly as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing; which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property. Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Properly only if Lender has released proceeds for such purposes. Lender may disburse proms for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or, restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or. entities acting at the direction of Borrower or with Borrowers knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but arc not limited to, representations concerning Borrower's occupancy of the Property as Bornowet s principal residence. 9. Protection of Lender's Interest is the Property and Mob Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) them is a legal proceeding that tight significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Leader may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. VMP®-BA(PA) Io7os}.oi wa.a 01 is Form 3039 t/01 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts' shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon noticefrom Lender to Borrower requesting payment. If this Security instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shaU not merge unless Lender agrees to the merger in writing. 10. Mortgage insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. if substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will 'accept, use and retain these payments as a non-rdrmdable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of mailing the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the .premiums required to maintain Mortgage Insurance in effect, or to provide a non=refundable loss reserve, until L.endees requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance; reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay *the Loan as agreed. Borrower. is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other patties that share or modify their risk, or reduce losses. These agreements are on terns and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to malm payments using any source of funds that the mortgage insurer may have available (which may include-funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage lnsum=, in exchange for sharing or modifying the mortgage insures risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. VMP*4kNPAl107091.01 P.s¦a.rrs Form 3039 7101 (b) Any such agreements will not affect the rights Borrower has if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1718 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage insurance terminated automatically, and/or to'receive a' refund or any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until bender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction. provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Misa3laneous Prococds,.bender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be. applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall,be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced. by the amount of the Miscellanemrs Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taldng, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property iaunediately, before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the stuns secured by this Security Instrument whether or not the stuns are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the-Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be VMP®•eA1PAh p7oel.ot Paso root Is Form 3039 1101 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Under. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. .11 Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release 'the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assign Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay, the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrowers obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the sttacessors and assigns ofLender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument,.including. but not limited to, attorneys' fees. property inspection and valuation fees. In regard to any other fees, the absence of express authority.in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a mftmd reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such reftnnd made by direct payment to Borrower will constitute a waiver of any tight of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to VMP ®-SNPA) fwcel.of P"O 11 of 16 Form 3039 1101 have been given to Borrower when mailed by first class mail or when actually delivered to Borrowees notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security instrument shall not be deemed to have been given.to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Noie which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gentler, (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Properly is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender- may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. . If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fags to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right -to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or VMP®-SNPA) iomgwt Page 120t to Norm 3039 1101 agreements; (e) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and odd fees incurred for the purpose of protecting Lender's interest in the PmWty and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue'unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender. (a) cash; (b) money order, (c) certified check, bank check, treasurer's chock or cashier's check, provided any such chock is drawn upon an institution whose deposits are insured by a federal agency; instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Lout Servicer; Notice of Grievance. The Note•or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan SeMcer unrelated to a sale of the Note. If them is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note.purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason 4 this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22• and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those subswwa defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum producK- toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) *Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a .condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. VMP A•BAIPA) p7osl.oi pp" 13 of 16 ?o rm 3039. 1101 Borrower shall not cause or permit the presence, use, disposal, stores or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (e) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely alf:cts the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by arty governmental or regulatory agency or private party involving the P mperty and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any ggoovveernrnmental or regulatory authority, or any private party, that any removal or other reamediation of any I?lazardous Substance affecting the Property is noocssary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANT'S. Borrower and Lender fiuther covenant and agree as follows: 22. Acceleration; Remedies, Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default-. (c) when the default most be cured; and (d) that failure to core the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the ri t .to mart in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided In this Section 22, including, but not limited to, attorneys' fees and casts of title evidence to the; extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fete is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers, Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If an of the debt secured by this Security Instrument is lent to Borrower to acquire; title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a )udgment is entered on the Note or in an action of mortgage foreclosure shall be the rate' payable from time to time under the Note. VMP®•BA(PAI moewi v.a. 14 s, to Form 3039 1101 R LOAN NO. 228-247161 This is a contract under seal and may be enforced under 42 PA. C.S. Section 5529(b). BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants I contained in this Security Instrument and in'any Rider executed by Borrower and recorded with it. Witnesses: C REGUER -Bonowa _ (Seal) -Borrower _ (Seal) -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) .Borrmver _ (Seal) -F3orrower VMP6-6A(PA) b7oelmi P.a.Is of 14 Form 3039 1101 LOAN NO. 228-247161 COMMONWEALTH OF PENNSYLVANIA, t"--j County ss: On this, the / *' dayof Q PilD Fes' b Y . before me, the undersigned officer., personally appeared Crt:j L-- er L . Cr cl t,#-r known to me (or satisfxtority proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that helshelthey a mcuted the same for the purposes herein contained. IN WITNESS WBEREOF I hereunto set my hand and official seal. My Commission Expires: Z • •?/ R.s:.2011! Tide of Offloof Certificate of Residence L I, . - NN.' r? G \? 1-QS , do hereby certify that the correct address of the within-named Mortgagee is P.O. Box 2026, Flint, Ml 48301-2026. Witness my hand this .2) day of _ ---`` Agent of Mortgagee VMPO-dA(PA) imewi ra• to of is Form 3039 1/Ot vA CASE # 10-10-6-0598529 LOAN NO. 228-247161 MIN: 1001310-2280247161-9 VA GUARANTEED LOAN AND ASSUMPTION POLICY RIDER NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. THIS VA GUARANTEED LOAN AND ASSUMPTION POLICY RIDER is made this 31ST day of OCTOBER, 2008 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Deed to Secure Debt (herein "Security Instrument") dated of even date herewith. given by the undersigned (herein "Borrower") to secure Borrower's Note to AMERICAN MORTGAGE NETWORK, INC., DBA AMNET MORTGAGE (herein "Lender") and covering the Property described in the Security Instrument and located at 316 2ND ST, ENOLA, PA 17025-3207 (Property Address) VA GUARANTEED LOAN COVENANT: In addition to the covenants and agreements made in the Security Instrument. Borrower and Lender further covenant and agree es follows: If the indebtedness secured hereby be guaranteed or insured under Title 38, United States Code, such Title and Regulations issued thereunder and in effect on the date hereof shall govern the rights, duties and liabilities of Borrower and Lender. Any provisions of the Security Instrument or other instruments executed in connection with said indebtedness which are inconsistent with said Title or Regulations, including, but not limited to, the provision for payment of any sum in connection with prepayment of the secured indebtedness and the provision that the Lender may accelerate payment of the secured indebtedness pursuant to Covenant 18 of the Security Instrument, are hereby amended or negated to the extent necessary to conform such instruments to said Title or Regulations. MULTISTATE VA GUARANTEED LOAN AND ASSUMPTION POLICY RIDER Wolters Kluwer Financial Services VMP®-538R (0406).01 10103 Page 1 of 3 c 1111111111 579ST LATE CHARGE: At Lender's option, Borrower will pay a "late charge" not exceeding four per centum (4%) of the overdue payment when paid' more than fifteen (15) days after the due date thereof to cover the extra expense involved in handling delinquent payments. but such "late charge" shall not be payable out of the proceeds of any sale • made to satisfy the indebtedness secured hereby, unless such proceeds aie sufficient to discharge the entire indebtedness and all proper costs and expenses secured hereby. GUARANTY: Should the Department of Veterans Affairs fail or refuse to issue its guaranty in full amount within 80 days from the date that this loan would normally.become eligible for such guaranty committed upon by the Department of Veterans Affairs under the provisions of Title 38 of the U.S. Code "Veterans Benefits," the Mortgagee may declare the indebtedness hereby secured at once due and payable and may foreclose immediately or may exercise any other rights hereunder or take any other proper action as by law provided. TRANSFER OF THE PROPERTY: This loan may be declared immediately due and payable upon transfer of the property securing such loan to any transferee, unless the acceptability of the assumption of the loan is established pursuant to Section 3714 of Chapter 37, Title 38, United States Coda. An authorized transfer ("assumption") of the property shall also be subject to additional covenants and agreements as set forth below: (a) ASSUMPTION FUNDING FEE: A fee equal to ONE HALF OF ONE PERCENT ( 0.504 96) of the balance of this loan as of the date of transfer of the property shall be payable at the time of transfer to the loan holder or its authorized agent, as trustee for the Department of Veterans. Affairs. If the assumer fails to pay this fee at the time of transfer, the fee. shall constitute an additional debt to that already secured by this instrument, shall bear interest at the rate herein provided, and. at the option of the payee of the indebtedness hereby secured or any transferee thereof, shall be immediately due and payable. This fee is automatically waived if the assumer is exempt under the provisions of 38 U.S.C. 3729 (c). (b) ASSUMPTION PROCESSING CHARGE: Upon application for approval to allow assumption of this loan, a processing fee may be charged by the loan holder or its authorized agent for detarmining the creditworthiness of the assumer and subsequently revising the holder's ownership records when an approved transfer is completed. The amount of this charge shell not exceed the maximum established by the Department of Veterans Affairs for e loan to which Section 3714 of Chapter 37, Title 38. United States Code applies. (c) ASSUMPTION INDEMNITY LIABILITY: If this obligation is assumed, then the assumer hereby agrees to assume all of the obligations of the veteran under the terms of the instruments creating and securing the loan. The assumer further agrees to indemnify the Department of Veterans Affairs to the extent of any claim payment arising from the guaranty or insurance of the indebtedness created by this instrument. VMPe-538R (0405).01 Page 2 of 3 LOAN NO. 228-247161 IN WITNESS WHEREOF, Borrower(s) has executed this VA Guaranteed Loan and Assumption Policy Rider. ' yam-- -Borrow& ' 3Alu CREGUER -Borrower -Borrower MANDI L. CREGUER orrower -Borrower -Borrower -Borrower -Borrower VMPd-5388 10405).01 Page 3 of 3 W ,, EXHIBIT A-LEGAL DESCRIPTION All that certain house and lot of ground situate in the Borough of West Fairview, Cumberland County, Pennsylvania, bounded and described as follows, to wit: ON the north by Lincoln Street; on the south by lot now or formerly of Violet B. Rowland; on the east by Main or Second Street; and on the west by an alley. Being thirty (30) feet in front on said Main or Second Street, and extending one hundred and seventeen (117) feet to the aforesaid alley. BEING the same premises which Lester Shofther, widower, by deed dated March 18, 1965 and recorded March 19, 1965 in the Cumberland County Recorder of Deeds Office in Book N21, page 321, granted and conveyed unto Dale M. Ensor and Ruth E. Ensor, his wife. BEING the same premises which became vested in Tracy Creguer by deed of Donald Wayne Ensor, executor of the estate of Ruth E. Ensor dated and recorded contemporaneously herewith in the Office of the Recorder of Deeds in and for Cumberland County. Parcel #45-17-1044-127 V u * j #A A 3 R 4 716 1 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 instrument Number - 200837230 Recorded On 11/1412008 At 1:02:15 PM * Total Pages - 21 * Instrument Type - MORTGAGE Invoice Number - 32393 User ID - KW * Mortgagor - CREGUER, TRACY JAMES * Mortgagee - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC * Customer - FIDELITY CLOSING SERVICES LLC * FEES STATE MUT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $43.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 Certification Page DO NOT DETACH This page is now part of this legal document. ROD ARCHIVES FEE $3.00 TOTAL PAID $80.50 I Certify this to be recorded in Cumberland County PA * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 1111111111111 0 44 * VERIFICATION Esquire hereby states that he is attorney for Wells Fargo Bank, NA in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 (c) and that the statements made in the foregoing pleading in the Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is the undersigned's intention to substitute verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Scott A. Netterick, Esquire; I.D. #55650 Kimberly A. Bonner, E -ire; A I.D. #89705 Joel A. Ackerman, Esq 're; P I.D. #202729 Ashleigh L. Levy, Esquire, A D.#306799 Attorneys for Plaintiff Dated: Zucker, Goldberg & Ackerman, LLC XVP-146954 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTIP PENNSYLVANIA t Wells Fargo Bank,NA, CIVIL DIVISION CD Plaintiff No.: 2011-355 vs. ISSUE NUMBER: Tracy James Creguer; Mandi L. Creguer; TYPE OF PLEADING: Defendant(s). PRAECIPE FOR JUDGMENT PURSUANT TO CONSENT JUDGMENT (Mortgage Foreclosure) Mortgaged Premises: 316 2nd Street FILED ON BEHALF OF: Enola,PA 17025 Wells Fargo Bank,NA Plaintiff COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG &ACKERMAN, LLC Scott A. Dietterick, Esquire-Pa I.D.# 55650 Kimberly A. Bonner, Esquire-Pa I.D. #89705 Joel A. Ackerman, Esquire-Pa I.D. #202729 Ashleigh L. Marin, Esquire-Pa I.D. #306799 Ralph M. Salvia,Esquire- Pa I.D. #202946 Jaime R. Ackerman, Esquire-Pa J.D. #311032 200 Sheffield Street, Suite 101 Mountainside,NJ 07092 (908)233-8500 Atty File No.: XVP-146954 (9 Zucker,Goldberg&Ackerman,LLC XVP-146954 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA. Wells Fargo Bank,NA CIVIL DIVISION Plaintiff, NO.: 2011-355 VS. Tracy James Creguer; Mandi L.Creguer; Defendants. PRAECIPE FOR JUDGMENT PURSUANT TO ORDER OF COURT TO: PROTHONOTARY SIR/MADAM: Please enter a judgment in mortgage foreclosure in the above-captioned case pursuant to the attached consent judgment dated 2/16/2013 in favor of Plaintiff and against Defendant(s), Tracy James Creguer and Mandi L.Creguer, in the amount of$119,882.08. I hereby certify that the defendant's last known address 5082 Clover Court 5082 Clover Court is: Harrisburg,PA 17111 Harrisburg, PA 17111 AND AND c/o Jeffrey N.Yoffe,Esquire c/o Bruce J. Warshawky,Esquire 214 Senate Avenue, Suite 404 Cunningham&Chernicoff,P.C. Camp Hill,PA 17011 P.O.Box 60457 Harrisburg,PA 17106 ZUCKER, GOLBE &ACKERMA , LLC Dated: BY: ❑ Scott A. r , Esquire; PA .D. #55650 Kimber 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 Attorneys for Plaintiff XVP-146954 200 Sheffield Street, Suite 101 Mountainside,NJ 07092 (908)233-8500;(908)233-1390 FAX Email: Office@zuckergoldberg.com Zucker,Goldberg&Ackerman.LLC XVP-146954 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Wells Fargo Bank,NA CIVIL DIVISION Plaintiff, NO.: 2011-355 vs. Tracy James Creguer; Mandi L. Creguer; Defendant(s). CONSENT JUDGMENT IN MORTGAGE FORECLOSURE,I�L AND NOW, this day of February, 2013, Plaintiff and Defendants who acknowledge their full understanding of the legal consequences of the entry of this judgment, and who consent knowingly and voluntarily, hereby consent to the entry of Judgment in Mortgage Foreclosure in favor of Plaintiff and against Defendants in the total amount of $119,882.08, with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises commonly known as 316 2nd Street, Enola PA 17025 and as set forth in the property description attached to the Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on November 14, 2008, Instrument #200837230. Plaintiff has further agreed not to pursue a deficiency judgment against either Defendant. t ted to Y() an�Y� /0 / T, /�T alph M. Salvia, Esquire Jef ey N. Yoffe, Esquire Attorney for Plaintiff Attorney for Defendant Tracy Creguer ruce J. W it Attorney for Defendant Mandi reg r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Wells Fargo Bank,NA CIVIL DIVISION Plaintiff, NO.: 2011-355 vs. Tracy James Creguer; Mandi L. Creguer; Defendants. AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF PRAECIPE FOR FINAL JUDGMENT OR DECREE STATE OF NEW JERSEY SS: COUNTY OF UNION I, the undersigned attorney for the plaintiff in the above action, being duly sworn according to law, do hereby depose and say that the statements made herein are true in and correct to the best of my knowledge, information,and that: 1) The Defendant is not in the military service of the United States of America to the best of my knowledge, information and belief as evidenced by the attached copies; 2) Pursuant to Pa.R.C.P. 237 (notice of praecipe for final judgment or decree), I certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his/her attorney of record at their last known address. ZUCKEVGOR &ACKE N, LLC Dated: lI, BY: / Joel A ckerman,Esquire; PA I.D. #202729 Ashlefgh L. Marin, Esquire; PA I.D.#306799 Jaime R. Ackerman,Esquire; PA I.D. #311032 Attorneys for Plaintiff XVP-146954 200 Sheffield Street, Suite 101 Mountainside,NJ 07092 (908)233-8500;(908)233-1390 FAX Email: Office @zuckergoldberg.com Sworn to and subscr d l: re a PAUL C.NADRATOWSKI This ' o j ,20 Notary Public of New Jersey ID#2407850 My Commission Expires 4/27/2016 Notary P is My Commission Expires: Zucker,Goldberg&Ackerman,LLC X V P-146954 Results as of:Met-15-2013 10:24:44 Department of Defense Manpower Data Center SCRA 3.0 film RepW PUMINat W 'SCCrBlC bm Ctvd Relief Act Last Name: CREGUER First Name: TRACY Middle Name: JAMES Active Duty Status As Of: Mar-15-2013 F . NA NA �' ' NA This response on Dots NA W' n'st '`;; ..� z NA TMs response reflects I tell --44#4fl8j261@1us Date Oilx NA fGl . NA This response rellecb vArethsr unh has reoebasd �a sport for acdve duty Upon searching the data banks of the Department of Defense Manpower ;6sled on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Ford,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. spa • Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite D4E25 Arlington,VA 22350 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 at seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Ad of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:http://www.defenselink.miVfagtpis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: X220NCD110B6J10 Results as of:Mar-1 52013 10:27:01 Department of Defense Manpower Data Center SCRA 3.0 ftfts RepW PursuW to Savkomembim Civfl Relief Act Last Name: CREGUER First Name: MANDI Middle Name: LEA Active Duty Status As Of: Mar-15-2013 NA NA NA TMs reonse sp re 'aoNwr tlgly iNsltra hwad Pn ,, ,..:$talus Dab NA ¢>, NA TMs response rellecb 1 idl Status Dab NA „ NA This resporse relleds MAretlnr has MW for srdlw duty Upon searching the data banks of the Department of Defense Manpower` on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAH,Public Health,and Coast Guard). This status includes information on a Servicemember or Mather unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Obvt • Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility RepoWng System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 at seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:http://www.defenselink.miVWpis/PC09SLDR.htmi. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAH Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Tite 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: 9248RCA1AOB6F70 • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank,NA CIVIL DIVISION Plaintiff, NO.: 2011-355 VS. ' Tracy James Creguer; Mandi L. Creguer; Defendants. NOTICE OF ORDER,DECREE OR JUDGMENT TO: Tracy James Creguer 5082 Clover Court Harrisburg, PA 17111 AND c/o Jeffrey N. Yoffie, Esquire 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 [ Plaintiff l [�) Defendant [ Additional Defendant l You are hereby notified that an Or ,er, Decree or Judgment was entered in the above captioned proceeding on [ A copy of the Order or Decree is enclosed, I or [�] The judgment is as follows: $119,88;,`08 plus costs. Zucker,Goldberg&Ackerman,LLC X V P-146954 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank,NA CIVIL DIVISION Plaintiff, NO.: 2011-355 VS. Tracy James Creguer; Mandi L. Creguer; Defendants. NOTICE OF ORDER, DECREE OR JUDGMENT TO: Mandi L. Creguer 5082 Clover Court Harrisburg, PA 17111 AND c/o Bruce J. Warshawky,Esquire Cunningham& Chernicoff,P.C. P.O. Box 60457 Harrisburg, PA 17106 [ Plaintiff [�] Defendant [ Additional Defendant ] You are hereby notified that an O der, Decree or Judgment was entered in the above captioned proceeding on v [ A copy of the Order or Decree is enclosed, 3 or N] The judgment is as follows: $13402 8 ts. Prothonotary Zucker,Goldberg&Ackerman,LLC XVP-146954 sPr . 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION File No. 2011-355 Wells Fargo Bank,NA, Amount Due $119,882.08 Plaintiff, vs. Interest from 11/19/2011 to date of sale $18,295.32 Tracy James Creguer;Mandi L.Creguer; Costs Defendants. TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale,contrj @2 accent based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursiiirEto A3.7 ofd 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 re 'state of the a efendant(s) described in the attached exhibit. , / DATE: December 11,2013 Signature: / Print Name: Scott A. D etterick, Esquire Kimberly A. Bonner,Esquire /� 'n' Joel Ackerman, Esquire (�l V v`� 1 S. sO ei F Ashleigh Levy Marin, Esquire Ralph M.Salvia, Esquire nn o/1/1 c• Jaime R.Ackerman, Esquire VV Jana Fridfinnsdottir, Esquire 1 ( � 5a C t k Address: Zucker,Goldberg&Ackerman, LLC 200 Sheffield Street,Suite 101 6I-{(. � f Mountainside, NJ 07092 V 'pet Attorney for: Plaintiff Telephone: 908-233-8500 Supreme Court ID No.: 55650 89705 Q�/f DS 6.), 202567 02 ,s Q 201493 202946 IL S7q) /ticker Goldberg V.Ac:kcrman. I.1.0 XVI'-i O54 a /0)/ TA ) r,41)-( '.. Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN HOUSE AND LOT OF GROUND SITUATE IN THE BOROUGH OF WEST FAIRVIEW, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS,TO WIT: ON THE NORTH BY LINCOLN STREET; ON THE SOUTH BY LOT NOW OR FORMERLY OF VIOLET B. ROWLAND; ON THE EAST BY MAIN OR SECOND STREET; AND ON THE WEST BY AN ALLEY. BEING THIRTY(30)FEET IN FRONT ON SAID MAIN OR SECOND STREET, AND EXTENDING ONE HUNDRED AND SEVENTEEN(1 17)FEET TO THE AFORESAID ALLEY. HAVING THEREON ERECTED A TWO AND ONE-HALF STORY DWELLING HOUSE SAID PREMISES BEING KNOWN AND NUMBERED AS 316 SECOND STREET, WEST FAIRVIEW,PENNSYLVANIA. HAVING thereon erected a dwelling house being known and numbered as 316 2nd Street, Enola, PA, 17025. BEING the same premises which DONALD WAYNE ENSOR, ADMINISTRATOR OF THE ESTATE OF RUTH E. ENSOR, by Deed dated October 31, 2008 and recorded November 14, 2008 in and for Cumberland County, Pennsylvania, in Deed Book Volume 200837229, Page, granted and conveyed unto Tracy James Creguer and Mandi L. Creguer, husband and wife. Tax Map No.: 45-17-1044-127. Zucker,Goldberg&Ackerman, LLC XVP-146954 • WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 11-0355 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due WELLS FARGO BANK,NA Plaintiff(s) From TRACY JAMES CREGUER,MANDI L.CREGUER (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: $119,882.08 L.L.: $.50 Interest FROM 11/19/2011 TO DATE OF SALE-$18,295.32 Atty's Comm: Due Prothy: $2.25 Atty Paid: $240.50 Other Costs: Plaintiff Paid: Date:2/19/14 TheutzeiLl David D.Buell,Prothonota (Seal) : • � �i. - _ Deputy REQUESTING PARTY: Name: 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.311032 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA, CIVIL DIVISION Plaintiff, NO.: 2011-355 vs. Execution No.: Cy Tracy James Creguer; Mandi L. Creguer; - • n -11 r.r, •Defendant(s). cp • •-< .JO • z ; P -4 AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank, NA, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 316 2nd Street, Enola, PA 17025. 1. Name and Address of Owner(s) or Reputed Owner(s): TRACY JAMES CREGUER AND MANDI L. CREGUER, HUSBAND AND WIFE 5082 Clover Court Harrisburg, PA 17111 2. Name and Address of Defendant(s) in the Judgment: TRACY JAMES CREGUER 5082 Clover Court Harrisburg, PA 17111 AND 316 2nd Street Enola, PA. 17025 AND c/o Jeffrey N. Yoffe, Esquire 214 Senate Avenue, Suite 404 Camp Hill, PA. 17011 Zucker.Goldhere.&Ackerman I.1 XVF'-1,4 954 MANDI L. CREGUER 5082 Clover Court Harrisburg, PA 17111 AND 316 2nd Street Enola, PA. 17025 AND c/o Bruce J. Warshawsky, Esquire Cunningham & Chernicoff, P.C. P.O. Box 60457 Harrisburg, PA. 17106 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: WELLS FARGO BANK, NA Plaintiff 4. Name and Address of the last record holder of every mortgage of record: WELLS FARGO BANK, NA Plaintiff MERS, INC. as nominee for American Mortgage Network, Inc. dba AMNET Mortgage P.O. Box 85463 San Diego, CA. 92186 AND P.O. Box 2026 Flint, MI.48501-2026 AND 1901 E.Voorhees Street, Ste 3 Danville, IL. 61834 AND 3300 SW 34th Ave., Ste 101 Ocala, FL. 34474-4438 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 /..ueker.Goldberg&Ackerman,I.,I.( XVI'-13(954 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 316 2nd Street Enola, PA 17025 • UNKNOWN SPOUSE 5082 Clover Court Harrisburg, PA 17111 UNKNOWN SPOUSE 316 2nd Street Enola, PA 17025 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 /..uckcr,(Joldbcrg Sz Ackerman, 11(' XVP-1-46954 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, GOLDBER :_ACKERMA LC BY: ( � Dated: Scott A. Dierick, Esquire; PA I.D. #55650 2_ /3 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 Jana Fridfinnsdottir, Esquire; PA I.D.#315944 Attorneys for Plaintiff XVP-146954/mag 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908)233-1390 FAX Email: Office @zuckergoldberg.com tucker.(;oldbcret&Ackerman. I..1.(:' XVI"-1-16954 Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN HOUSE AND LOT OF GROUND SITUATE IN THE BOROUGH OF WEST FAIRVIEW, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS,TO WIT: ON THE NORTH BY LINCOLN STREET; ON THE SOUTH BY LOT NOW OR FORMERLY OF VIOLET B. ROWLAND; ON THE EAST BY MAIN OR SECOND STREET; AND ON THE WEST BY AN ALLEY. BEING THIRTY(30)FEET IN FRONT ON SAID MAIN OR SECOND STREET, AND EXTENDING ONE HUNDRED AND SEVENTEEN(117)FEET TO THE AFORESAID ALLEY. HAVING THEREON ERECTED A TWO AND ONE-HALF STORY DWELLING HOUSE SAID PREMISES BEING KNOWN AND NUMBERED AS 316 SECOND STREET, WEST FAIRVIEW,PENNSYLVANIA. HAVING thereon erected a dwelling house being known and numbered as 316 2nd Street, Enola, PA, 17025. BEING the same premises which DONALD WAYNE ENSOR,ADMINISTRATOR OF THE ESTATE OF RUTH E. ENSOR, by Deed dated October 31, 2008 and recorded November 14, 2008 in and for Cumberland County, Pennsylvania, in Deed Book Volume 200837229, Page , granted and conveyed unto Tracy James Creguer and Mandi L. Creguer, husband and wife. Tax Map No.: 45-17-1044-127. Zucker,Goldberg&Ackerman, LLC XVP-146954 • • • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA CIVIL DIVISION Plaintiff, NO.: 2011-355 vs. Tracy James Creguer; Mandi L. Creguer; • { J Defendants. �__a. -0- --11 rn NOTICE OF SHERIFF'S SALE -G c� OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Mandi L. Creguer 5082 Clover Court Harrisburg, PA 17111 AND 316 2nd Street Enola, PA. 17025 AND • c/o Bruce J. Warshaawsky, Esquire Cunningham & Chernicoff, P.C. P.O. Box 60457 • . Harrisburg;PA. 17106 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 6/4/2014 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"Al. The LOCATION of your property to be sold is: 316 2nd Street, Enola, PA, 17025 Zucker,Goldberg&Ackerman, LLC XVP-146954 • I The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 2011-355 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Tracy James Creguer; Mandi L. Creguer A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland . • County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800)990-9108 (717)249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's 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. Zucker, Goldberg&Ackerman, LLC XVP-146954 • 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 E/�'`AN�"' BY: /.7∎/'L�r��Or- Dated: Scott A. i� Brick, Esquire; PA I.D. #55650 1 /I1? ) 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` Jana Fridfinnsdottir, Esquire; PA I.D. #315944 Attorneys for Plaintiff XVP-146954/mag 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office @zuckergoldberg.com VIA CERTIFIED MAIL,RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. Zucker, Goldberg&Ackerman, LLC XVP-146954 f Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN HOUSE AND LOT OF GROUND SITUATE IN THE BOROUGH OF WEST FAIRVIEW, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: ON THE NORTH BY LINCOLN STREET; ON THE SOUTH BY LOT NOW OR FORMERLY OF VIOLET B. ROWLAND; ON THE EAST BY MAIN OR SECOND STREET;AND ON THE WEST BY AN ALLEY. BEING THIRTY (30)FEET IN FRONT ON SAID MAIN OR SECOND STREET, AND EXTENDING ONE HUNDRED AND SEVENTEEN (1 17)FEET TO THE AFORESAID ALLEY. HAVING THEREON ERECTED A TWO AND ONE-HALF STORY DWELLING HOUSE SAID PREMISES BEING KNOWN AND NUMBERED AS 316 SECOND STREET, WEST FAIRVIEW,PENNSYLVANIA. HAVING thereon erected a dwelling house being known and numbered as 316 2nd Street, Enola, PA, 17025. BEING the same premises which DONALD WAYNE ENSOR, ADMINISTRATOR OF THE ESTATE OF RUTH E. ENSOR, by Deed dated October 31, 2008 and recorded November 14, 2008 in and for Cumberland County, Pennsylvania, in Deed Book Volume 200837229, Page , granted and conveyed unto Tracy James Creguer and Mandi L. Creguer, husband and wife. Tax Map No.: 45-17-1044-127. • Zucker,Goldberg&Ackerman, LLC XVP-146954 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA CIVIL DIVISION Plaintiff, vs. NO.: 2011-355 Tracy James Creguer; Mandi L. Creguer; • , Defendants. �= T•T'1(n r�i'! l E f • 7z cn c. c NOTICE OF SHERIFF'S SALE a OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 -•< o" Tracy James Creguer 5082 Clover Court Harrisburg, PA 17111 AND 316 2nd Street Enola, PA. 17025 AND c/o Jeffrey N. Yoffe, Esquire 214 Senate Avenue, Suite 404 Camp Hill, PA. 17011 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 6/4/2014 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: 316 2nd Street, Enola, PA, 17025 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 2011-355 Zucker,Goldberg&Ackerman,LLC XVP-146954 THE NAME(S) OF THE OWNERS) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Tracy James Creguer; Mandi L. Creguer A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights,you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800)990-9108 • (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's 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. Zucker,Goldberg&Ackerman, LLC XVP-146954 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, GOLDBY•G & GERMAN BY: ildi ...r/J ..- .. Dated: j Scott F"DTet Brick, Esq e; PA I.D. #55650 1 Kimberl ;A. Bonner, Esquire; PA I.D. #89705 111 Joel A. Ackerman Esquire; PA I.D.#202729 q , Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 Jana Fridfinnsdottir, Esquire; PA I.Q.#315944 Attorneys for Plaintiff XVP-146954/mag 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office @zuckergoldberg.com VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. • Zucker, Goldberg&Ackerman, LLC XVP-146954 • Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN HOUSE AND LOT OF GROUND SITUATE IN THE BOROUGH OF WEST FAIRVIEW, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS,TO WIT: ON THE NORTH BY LINCOLN STREET;ON THE SOUTH BY LOT NOW OR FORMERLY OF VIOLET B. ROWLAND; ON THE EAST BY MAIN OR SECOND STREET; AND ON THE WEST BY AN ALLEY. BEING THIRTY (30)FEET IN FRONT ON SAID MAIN OR SECOND STREET, AND EXTENDING ONE HUNDRED AND SEVENTEEN (117)FEET TO THE AFORESAID ALLEY. HAVING THEREON ERECTED A TWO AND ONE-HALF STORY DWELLING HOUSE SAID PREMISES BEING KNOWN AND NUMBERED AS 316 SECOND STREET, WEST FAIRVIEW, PENNSYLVANIA. HAVING thereon erected a dwelling house being known and numbered as 316 2nd Street, Enola, PA, 17025. BEING the same premises which DONALD WAYNE ENSOR, ADMINISTRATOR OF THE ESTATE OF RUTH E. ENSOR, by Deed dated October 31, 2008 and recorded November 14, 2008 in and for Cumberland County, Pennsylvania, in Deed Book Volume 200837229, Page , granted and conveyed unto Tracy James Creguer and Mandi L. Creguer, husband and wife. Tax Map No.: 45-17-1044-127. • Zucker, Goldberg&Ackerman, LLC XVP-146954 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA, Plaintiff, vs. Tracy James Creguer; Mandi L. Creguer; Defendant(s). : CIVIL DIVISION : NO.: 2011-355 Execution No.: AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank, NA, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 316 2nd Street, Enola, PA 17025. 1. Name and Address of Owner(s) or Reputed Owner(s): TRACY JAMES CREGUER AND MANDI L. CREGUER, HUSBAND AND WIFE 5082 Clover Court Harrisburg, PA 17111 2. Name and Address of Defendant(s) in the Judgment: TRACY JAMES CREGUER 5082 Clover Court Harrisburg, PA 17111 AND 316 2'd Street Enola, PA. 17025 AND c/o Jeffrey N. Yoffe, Esquire 214 Senate Avenue, Suite 404 Camp Hill, PA. 17011 ,MARDI L. CREGUER 5082 Clover Court Harrisburg, PA 17111 AND 316 2"d Street Enola, PA. 17025 AND c/o Bruce J. Warshawsky, Esquire Cunningham & Chernicoff, P.C. P.O. Box 60457 Harrisburg, PA. 17106 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: WELLS FARGO BANK, NA Plaintiff CUMBERLAND COUNTY ADULT PROBATION 1 Courthouse Sq, Carlisle, PA 17013 4. Name and Address of the last record holder of every mortgage of record: WELLS FARGO BANK, NA Plaintiff MERS, INC. as nominee for American Mortgage Network, Inc. dba AMNET Mortgage P.O. Box 85463 San Diego, CA. 92186 AND P.O. Box 2026 Flint, MI. 48501-2026 AND 1901 E. Voorhees Street, Ste 3 Danville, IL. 61834 AND 3300 SW 34th Ave., Ste 101 Ocala, FL. 34474-4438 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 . EAST PENNSBORO TOWNSHIP 98 S. Enola Dr. Enola, PA 17025 WEST FAIRVIEW BOROUGH 98 SOUTH ENOLA DRIVE, ROOM 101 NOLA, PA 17025 ATTN: DEBBIE LUPOLD, TREASUREER EAST PENNSBORO AREA SCHOOL DISTRICT 890 Valley Street Enola, Pennsylvania 17025 AND 98 SOUTH ENOLA DRIVE, ROOM 101 NOLA, PA 17025 ATTN: DEBBIE LUPOLD, TREASUREER PRIVATE - PA AMERICAN 800 W HERSHEYPARK DR HERSHEY, PA 17033 EAST PENNSBORO TWP 98 S ENOLA DR ROOM 101 ENOLA, PA 17025 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 316 2nd Street Enola, PA 17025 - • UNKNOWN SPOUSE 5082 Clover Court Harrisburg, PA 17111 UNKNOWN SPOUSE 316 2nd Street Enola, PA 17025 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 I verify that the statements made in this Amended 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. Dated: 57319._e), 4 ZUCKER, GOLDBERG & ACKERMAN, LLC B(//e,KL4.JL_ 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 Jana Fridfinnsdottir, Esquire; PA I.D. #315944 Brian Nicholas, Esquire; PA I.D. #317240 Denise Carlon, Esquire; PA I.D. #317226 Attorneys for Plaintiff XCP-146954/nfe 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN HOUSE AND LOT OF GROUND SITUATE IN THE BOROUGH OF WEST FAIRVIEW, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: ON THE NORTH BY LINCOLN STREET; ON THE SOUTH BY LOT NOW OR FORMERLY OF VIOLET B. ROWLAND; ON THE EAST BY MAIN OR SECOND STREET; AND ON THE WEST BY AN ALLEY. BEING THIRTY (30) FEET IN FRONT ON SAID MAIN OR SECOND STREET, AND EXTENDING ONE HUNDRED AND SEVENTEEN (117) FEET TO THE AFORESAID ALLEY. HAVING THEREON ERECTED A TWO AND ONE-HALF STORY DWELLING HOUSE SAID PREMISES BEING KNOWN AND NUMBERED AS 316 SECOND STREET, WEST FAIRVIEW, PENNSYLVANIA. HAVING thereon erected a dwelling house being known and numbered as 316 2nd Street, Enola, PA, 17025. BEING the same premises which DONALD WAYNE ENSOR, ADMINISTRATOR OF THE ESTATE OF RUTH E. ENSOR, by Deed dated October 31, 2008 and recorded November 14, 2008 in and for Cumberland County, Pennsylvania, in Deed Book Volume 200837229, Page, granted and conveyed unto Tracy James Creguer and Mandi L. Creguer, husband and wife. Tax Map No.: 45-17-1044-127. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. , Wells Fargo Bank, NA CIVIL DIVISION Plaintiff, ' vs NO.: 2011-355 µ L-... Tracy lames Creguer;Mandi L. Creguer; • Defendants. Notice of the Date of Continued Sheriff Sale The Sheriff Sale scheduled for June 4,2014 at 10:00 AM in the above captioned matter has been continued until August 6,2014 at 10:00 AM. ZUCKER, GOLDBERG & £ + 'MAN, LLC BY: _ i2 Dated: a/ 1 Scott A.Diett- ick, Esquire; PA I.D.#55650 t ifJ`� Kimberly A.Bonner,Esquire; PA I.D.#89705 //hhJJ l Joel A.Ackerman,Esquire; PA I.D. #202729 Ashleigh L Marin,Esquire; PA LD. 4306799 Ralph M.Salvia,Esquire;PA I.D.#202946 Jaime R.Ackerman,Esquire;PA I.D.#311032 Jana Fridfinnsdottir, Esquire;PA LD.#315944 Brian Nicholas,Esquire; PA I.D.#317240 Denise Carlon,Esquire; PA I.D.#317226 Attorneys for Plaintiff XVP-146954/chr 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 (908) 233-8500;(908) 233-1390 FAX Email: Office@zuckergoldberg.com Zucker,Goldberg&Ackerman, LLC XVP-146954 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA, CIVIL DIVISION Plaintiff, NO.: 2011-355 vs. Tracy James Creguer; Mandi L. Creguer; TYPE OF PLEADING Defendants. Pa. R.C.P. RULE 3129.2(C) AFFIDAVIT OF SERVICE OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST FILED ON BEHALF OF: Wells Fargo Bank, NA COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire PA I.D. #55650 Kimberly A. Bonner, Esquire- PA I.D. #89705 Joel A. Ackerman, Esquire- PA I.D. #202729 Ashleigh Levy Marin, Esquire -PA I.D. #306799 Ralph M. Salvia, Esquire- PA I.D. #202946 Jaime R. Ackerman, Esquire- PA I.D. #311032 Jana Fridfinnsdottir, Esquire- PA I.D. #315944 Brian Nicholas, Esquire- PA I.D. #317240 Denise Carlon, Esquire- PA I.D. #317226 Roger Fay, Esquire; PA I.D. #315987 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500 (908) 233-1390 FAX office@zuckergoldberg.com File No.: XVP- 146954/mag -�C Zucker, Goldberg & Ackerman, LLC XVP-146954 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA CIVIL DIVISION Plaintiff, vs. Tracy James Creguer; Mandi L. Creguer; Defendants. NO.: 2011-355 Pa.R.C.P. RULE 3129(c) AFFIDAVIT OF SERVICE OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST I, Margaret Agyepong, a paralegal with the firm of Zucker, Goldberg & Ackerman, LLC, attorneys for Plaintiff, Wells Fargo Bank, NA, being duly sworn according to law depose and make the following Affidavit regarding the service of Plaintiff's Notice of Sheriff's Sale of Real Property in this matter on Defendant/Owner and Other Parties of Interest as follows: 1. Defendant, Tracy James Creguer and Mandi L. Creguer, husband and wife, is the record owner of the real property. 2. On or about April 9, 2014, defendant Mandi L. Creguer was served with Plaintiffs Notice of Sheriffs Sale of Real Property Pursuant to Pa. R.C.P. 3129, personally by the Sheriff of Cumberland County, at the address of 5082 Clover Court, Harrisburg, PA 17111. A true and correct copy of said Return of Service are marked Exhibit "A", attached hereto and made a part hereof. 3. On or about June 27, 2014, defendant Tracy James Creguer was served with Plaintiff's Notice of Sheriffs Sale of Real Property Pursuant to Pa. R.C.P. 3129, via certified mail, return receipt requested, at the address of 3804 Bayeity Road, Minden, MI 48456. A true and correct copy of said Notice and Return of Service are marked Exhibit "B", attached hereto and made a part hereof. 4. On or about May 5, 2014, 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 Certificates of Mailing are marked Exhibit "C", attached hereto and made a part hereof. Finally, the undersigned deposes and says that the Defendant/Owner and all other Parties of Zucker, Goldberg & Ackerman, LLC XVP-146954 Interest were served with Plaintiff's Notice of Sheriff's Sale of Real Property in accordance with Pa.R.C.P. 3129.2. Dated: July 2014 Sworn to and subscribed before me this d y of July, 2014 ..ry • ublic MY COMMISSION EXPIRES: ZUCKER, GOLDBERG & ACKERMAN, LLC Attorneys for Plaintiff MARGARET GYEPONG Paralegal Legal Assistant JANELL. URUN NOTARY PUBLIC OF NEW JERSEY ID # 2364963 My Commission Expires10/17/2017 Zucker, Goldberg & Ackerman, LLC XVP-146954 EXHIBIT A Zucker, Goldberg & Ackerman, LLC XVP-146954 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY Wells Fargo Bank NA vs. Case Number Tracy James Creguer (et al.) 2011-355 SHERIFF'S RETURN OF SERVICE 02/20/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Tracy James Creguer, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Dauphin County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 02/20/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Mandi L. Creguer, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Dauphin County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 03/28/2014 07:04 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, and Sale Handbill in the above titled action, upon the property located at 316 2nd Street, East Pennsboro - Township, Enola, PA 17025, Cumberland County. 04/09/2014 The requested Real Estate Writ, Notice and Description, in the above titled action, returned by the Sheriff of Dauphin County, the within named Defendant Tracy James Creguer, as not found, defendant does not reside at address stated per Mandi L. Crueger, believed to be living in Michigan. So Answers: Michael Klinger, Deputy Sheriff. 04/09/2014 The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff of Dauphin County upon Mandi L. Creeuger, personally, at 5082 Clover Court, Harrisburg, PA 17111 on 4/9/14. So Answers: Michael Klinger, Deputy Sheriff. 05/01/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Tracy James Creuger, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at c/o Jeffrey N. Yoffe, Esquire, 214 Senate Avenue, Camp Hill, PA 17011, Atty Yoffe is no longer practicing at the address stated, did not leave a forwarding address. cab. SHERIFF COST: $1,362.21 SO ANSWERS, May 23, 2014 (c) CountySuite Sheriff, Teleosoft, Inc. RONNY R ANDERSON, SHERIFF EXHIBIT B Zucker, Goldberg & Ackerman, LLC XVP-146954 Zucker, Goldberg & Ackerman, LLC PO Box 1219 Mountainside, NJ 07092-1219 1 11 1 1 9314 7100 1170 0748 4071 05 20 14 0623-1 02 iii11Ii11'i111'IJII111ii11I11uu11'11'11111IIilr11nIIIIIIIhIIIII Tracy James Creguer 3804 Bayeity Rd Minden, MI 48456 PANOSS a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA Plaintiff, vs, Tracy James Creguer; Mandi L. Creguer; Defendants. Tracy James Creguer 1316 2nd St Enola, PA 17025 And 2675 E Sanilac Rd Carsonville, MI 48419 And 3804 Bayeity Rd Minden, MI 48456 And 3804 Forestville Rd Minden City, MI 48456 TAKE NOTICE: CIVIL DIVISION NO.: 2011-355 AMENDED NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 That the Sheriffs Sale of Real Property (Real Estate) will be held at Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on August 6, 2014 at time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description of the measured boundaries of the property, together with a brief mention other major Improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is; 316 2nd Street, Enola, PA, 17025 the Cumberland County 10:00am prevailing local consisting of a statement of the buildings and any The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 2011-355 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Tracy James Creguer; Mandl L. Creguer 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 ISA NOTICE OF THE TIME AND PLACE OF THI;.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. YO.U. SH,O.U.LD TAKE THIS.PAPER.TO YOUR LAWYER AT ONCE., OO TO OR TELEPHONE THE Sala SET FORTH, BELOW TO.FINO:.QUT WHERE Y01,J 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 HJAyk 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 Sheriff's 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 17013-3387, before presentation of the petition to the Court. Dated: June t g , 2014 ZUCKER GOLDBERG & ACKERMAN, LLC BY: V[ 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 Levy Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 Jana Frldfinnsdottir, Esquire; PA 1.D. #315944 Brian Nicholas, Esquire; PA I.D. #317240 Denise Carlon, Esquire; PA I.D. #317226 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 File No.: XVP-146954 (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, Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN HOUSE AND LOT OF GROUND SITUATE IN THE BOROUGH OF WEST FAIRVIEW, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: ON THE NORTH BY LINCOLN STREET; ON THE SOUTH BY LOT NOW OR FORMERLY OF VIOLET B. ROWLAND; ON THE EAST BY MAIN OR SECOND STREET; AND ON THE WEST BY AN ALLEY. BEING THIRTY (30) FEET 1N FRONT ON SAID MAIN OR SECOND STREET, AND EXTENDING ONE HUNDRED AND SEVENTEEN (117) FEET TO THE AFORESAID ALLEY, HAVING THEREON ERECTED A TWO AND ONE-HALF STORY DWELLING HOUSE SAID PREMISES BEING KNOWN AND NUMBERED AS 316 SECOND STREET, WEST FAIRVIEW, PENNSYLVANIA. HAVING thereon erected a dwelling house being known and numbered as 316 2nd Street, Enola, PA, 17025. BEING the same premises which DONALD WAYNE ENSOR, ADMINISTRATOR OF THE ESTATE OF RUTH E. ENSOR, by Deed dated October 31, 2008 and recorded November 14, 2008 in and for Cumberland County, Pennsylvania, in Deed Book Volume 200837229, Page , granted and conveyed unto Tracy James Creguer and Mandi L. Creguer, husband and wife. Tax Map No.: 45-17-1044-127. r 2. Article Number 1 11 1 1 11 1 i 1 1 9314 7100 1170 0748 4071 05 a 3. Service Type CERTIFIED MAIL H 4. Restricted Delivery'? (Extra Fee) 1. Article Addressed to: i5 Tracy James Creguer 3804 Bayeity Rd Minden, MI 48456 PS Form 3811, January 2005 Yes COMPLETE THIS SECTION ON DELIVERY N C. Sign . is c eiiv If YE Domestic Return Receipt differen delivery address below: Reference Information 146954 PANOSS Agent Address( Yes No 6/23/201 9314 7100 1170 0748 4071 05-10 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Pal USPS Permit No. G-10 ‚III'uIulIIIIIIullIIlIIIIluIItIIIIlIlII,,IlIIIIlIIIII Zucker, Goldberg & Ackerman, LLC PO Box 9076 Temecula, CA 92589-9076 night A1101111 11 11 1111 linp111,1111 EXHIBIT C Zucker, Goldberg & Ackerman, LLC XVP-146954 NTL Page 1 of 9 n'�-1 UNITED STATES ME POSTAL SERVICE Certificate Of Mailing U.S, POSTAGE» PITNEYaowFs mal .or" ZIP 07092 $ 001.200 02 111 This Certificate of Mailing provides evidence that mall has been presented to USPS• for means. Thla font may be used for domestic and International mall. From: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, Ni 07092 —XVP7146954/nfe TE Te: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 County of P.Q.: CUMBERLAND 0001387430 MAY 05 2014 To pay fee, affix stamps or meter postage here. PS Form 3817, April 2007 PSN 7530-02-000-9065 ��� UNITED STATES I/ POSTAL SERV/CEs Certificate Of Mailing To pay fee, affix stamps or meter postage hen. This Certificate of Melling provides evidence that mall has been presented to USPS* for mailing. This form may be used for domestic and International mall. Fran" Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XVP-146954/nfe TEAM- C T°' COMMONWEALTH OF PENNSYLVANIA 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 6lOZ 90ML0 Ab'WQEPL9E 000 oOza�00 $ 160dIZammwomiriumemosp., 11111) Postme NTL Page 2 of 9 ��'� UNITED STATES // POSTAL SFRVICEW Certificate 0 Mailing This Certificate of Marling provides evidence that mall has been presented to USPS• for mailing. Thls form may be used for domestk and International mall. Pmmt Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XVP-146954/f1fETEAM C T°' UNKNOWN TENANT OR TENANTS 316 2nd Street Enola, PA 17025 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITED STATES POSTAL SERVICE„ Certificate Of Mailing This Certificate of Melling provides evidence that mall has been presented to USPS• for milling. This form may be used for domestk and International mall. Fromt Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XVP-146954/nfe TEAM- C T°' CUMBERLAND COUNTY ADULT PROBATION 1 Courthouse Sq, Carlisle, PA 17013 U.S. POSTAGE1»raiTNEYaawes t ZIP 07092 py200 02 10 `+' OO1 0001387430 MAY 05 2014 To pay fee, affix stamps or mater postage here. County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 4 0Z SO AVW 0£>rL8 £ ► 000 0OZeioo $ Z60L`0 diz Postmark Here to To pay Jae, affix stamps or motor postage hero. Postmar Here 'k!`'i 11�, NTL Page 3 of 9 UNITED STATES eig POSTAL SERVICE® Certificate Of Mailing This Certificate of Mailing provides evidence that nail has been presented to USPS" for mailing. This form may be used for domestls and International mall. Prom: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 POSTAGE *PITNEY BOWES ZIP 07092 $ 001.200 02 111 000 1387430 MAY. 05 2014 To pay fee, affix stamps or mater postage hare. VP-146954/nfe TEAM- C T°: MERS, INC. as nominee for American Mortgage Network, Inc. dba AMNET Mortgage P.O. Box 85463 San Diego, CA. 92186 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 mr="1.1 UNITED STATES POSTAL SERVICE® Certificate Of Mailing This Certificate of Melling provides evidence that mall has been presented to USPS" for mailing. This form may be used for domestic and International mari. prom: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XVP-146954/nfe TEAM- C Ti.: MERS, INC. as nominee for American Mortgage Network, Inc. dba AMNET Mortgage P.O. Box 2026 Flint, MI. 48501-2026 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 4iOZ SO AVIV 0£4LB£ 1000 00Ze400 $1.4t Z6OLO I2 4111arr.rauIMik Postmark Here To pay Ne, affix stamps or meter postage here. Postmark NTL Page 4 of 9 �UNITED STATES POSTdL SERVICE Certificate 0 Mailing This Certificate of Mailing provides evidence that mall has been presented to USPS• for mailing. This form may be used for domestic end International melt. Prom' Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XVP-146954/nfe TEAM- C MERS, INC. as nominee for American Mortgage Network, Inc. dba AMNET Mortgage 1.9014.-Voar-hees Str-eetrSte--3 Danville, IL. 61834 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 -411 UNITED STATES p05TdL SERVICE v. J.r w trwt-// n 111C I a.Jn a ZIP 07092 $ 001.200 02 111 0001387430MAY. 05 2014 To pay fee, affbt stamps or meter postage here. Postmark Here Certificate Of Mailing This Certificate of Mailing provides evidence that mail has been presented to USPS* for mailing. Thls form may be used for domestic and International mall. PfOrtt' Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XVP-146954/nfe TEAM- C Te; MERS, INC. as nominee for American Mortgage Network, Inc. dba AMNET Mortgage 1901 E. Voorhees Street, Ste 3 Danville, IL. 61834 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 4tOZ So AWN10CPL9Ct000 00Z3.00 $ Z60LO dIZ AMEMEMEM, 0. S3 a uId «3ovLSod S 11 To pay fee, affix stamps or meter postage hen. Postmark Here NTL Page 5 of 9 UNITED STATES POSTAL SERVICE Certificate 0 Mailing U.S. POSTAGE »> PITNEY 00wEs This Certificate of Mailing provides evidence that mall hes been presented to USPS for mailing. This form may be used for domestk and international mall. From: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 -XVP 146954/nfe TEAM G T°` EAST PENNSBORO TWP 98 S ENOLA DR ROOM 101 ENOLA, PA 17025 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITED STATES POSTAL SERVICE Certificate Of Mailing This Certificate of Mailing provides evidente that mall has been presented to USPS• for mailing. This form may be used for domestic end lmornatIonal map. From: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XVP-146954/nfe TEAM- C PRIVATE - PA AMERICAN 800 W HERSHEYPARK DR HERSHEY, PA 17033 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 Pi OZ SO AYY'i0EP113E1000 0031.00 $ z5OL10_ dl7 _.. S3Moe �ki «30V19Od S'n zip 07092 $ 001.20° 02 1r1 00013874 30 MAY 05 2014 To pay fee, affix stamps or mater postage here. Postmark Here To pay fee, aftbi stamps or meter postage here. Postmark Here NTL Page 6 of 9 UNITED STATES POSTAL SERVICE Certificate 0 Mailing U.S. POSTAGE»en yeow s This Certificate of Mailing provides evidence that mal{ has been presented to Il end international maU. From: Scott A. Dietterick, Esquire IIng. This form may be used for domestic c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 Tet EAST PENNSBORO AREA SCHOOL DISTRICT 98 SOUTH ENOLA DRIVE, ROOM 101 NOLA, PA 17025 ATTN: DEBBIE LUPOLD, TREASUREER County of P.Q.: CUMBERLAND P5 Form 3817, April 2007 PSN 7530-02-000-9065 UNITED STATES of POSTAL SERVICE XVP-146954/nfe TEAM- C ..r.ranrs.r.r ZIP 07092 $ 001,200 02 111 0001367430 MAY 05 2014 To pay fee, affix stamps or meter postage here. -' PofT{1�3rtrH Certificate Of Mailing This Cer%I lcete of Mallin provides evidence that mail has been presented to USPS• for mailing. This form may be used for domestic and Imarnatlonal mall. From: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XVP-146954/nfe TEAM- C Te' EAST PENNSBORO AREA SCHOOL DISTRICT 890 Valley Street Enola, Pennsylvania 17025 County of P.Q.: CUMBERLAND P5 Form 3817, April 2007 PSN 7530-02-000-9065 hl0e,, so AVM°CPL.°£1000 (j0Zv 00 7.6o o dIZ ANIMIST nwere... r"'eaNIIIII'.Ifar To pay fee, .me stamps or meter pastes* here. Postmerk Here NTL Page 7 of 9 UNITED STATES I/ POSTAL SERVICE* Certificate 0 Mailing This Certificate of Melling provides evidence that mall has been presented to UM* for main=. This form may be used for domestk and International mall. F`°m' Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 T°' WEST FAIRVIEW BOROUGH 98 SOUTH ENOLA DRIVE, ROOM 101 NOLA, PA 17025 ATTN: DEBBIE LUPOLD, TREASUREER County of P.Q.: CUMBERLAND XVP-146954/nfe TEAM- C ZIP 07092 $ 001.20° 02 11 0001387430MAY 05 2014 To pay fee, affix stamps or meter postap here, PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITED STATES M. POST/11 SERVICE Certificate Of Mailing This Certeflate of MaUlns provides evidence that mall hal been presented to USPP for mailing. This form may be used for domastk end Mtornatlonal male. From' Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XVP-146954/nfe TEAM- C TO: EAST PENNSBORO TOWNSHIP 98 S. Enola Dr. Enola, PA 17025 County of P.Q.: CUMBERLAND P5 Form 3817, AprII 2007 PSN 7530-02-000-9065 t,IOZ SO Avii0CrL8£4000 001.100 $ Z6OLO dl2 waisinrirrr.+atIMINI►.rtr ,==�-d To pry fee, efRL stamps or meter postale hen. Postmark Here NTL Page 8 of 9 UNITED STATES POSTAL SERVICE Certificate Of Mailing This Certificate of Melling provides evidence that mall has been presented to USPS* for mailing. This form may be used for domestk and International mail. FfuT' Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 .aia'AM enure' ZIP 07092 $ 001.200 02 1YY 0001367430MAY,05 2014 To pay fee, affbt stamps or meter postage here. XVP-1.46954/nfe TEAM- C T°t UNKNOWN SPOUSE 316 2nd Street Enola, PA 17025 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITED STATES POSTAL SERV/CE6 Certificate Of Mailing This Certificate of Mailing provides evidence that mall has been presented to USPS• for mailing. This form may be used for domestk and international mall. From: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XVP-146954/nfe TEAM- C T°' CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 vtOZ So WV{OCblti3£t000 M00Z'�WO $ ZhO 0 dl7 Y.n.,.rear... SW1013 A31dik1 K 30V1SOd's'n Postmark Here of To pay tee, affix stamps or meter postage hers. Postmark }fere NTL Page 9 of 9 ���+ UNITED STATES I/ POSTAL SERVICE Certificate 0 Mailing This Certificate of Malang provides evidence that mall has been presented to USPS• for mailing. This form may be used for domestk and international mall, Ft": Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XVP 146954/ate_TEAM__C T PA DEPT, OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 • County of P.Q.; CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITED STATES POSTAL SERVICE. Certificate Of Mailing This Cartlflsata of Mailing provides evidence that mall has been presented to USPS• for mailing, This form may be used for domestk and Intemetlonal mag. Fr°m` Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XVP-146954/nfe TEAM- C To: UNKNOWN SPOUSE 5082 Clover Court Harrisburg, PA 17111 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 PI OZ SO AVINOCPL8£L000 ZO 00Z.100 $ Z60L0dIZ 4.0110111117 =.1=16;=-00- • f U.S. POSTAGE i»PITNEY 8owEs ZIP 07092 $ 001.200 02 11V 0001387430 MAY 05 2014 To pay fee, affix stamps monster postage here. Postmark Here To pay fee, affix stamps or mater postage hen. Postmark