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HomeMy WebLinkAbout11-7646IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A., Plaintiff, CIVIL DIVISION NO.: vs. ELLIS K. DARBY Defendant. TO: DEFENDANT 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: 56 East Penn Street Carlisle. PA 17013 CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 56 East Penn Street a/k/a 56 Penn Street East Carlisle PA 17013 Municipality: Carlisle n , ATTOR AINTIFF ATTY FILE NO.: XVP 154370 TYPE OF PLEADING CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: Wells Fargo Bank, N.A. 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 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500 (908) 233-1390 FAX office@zuckergoldberg.com File No.: XVP- 154370/hp r C7 ...ti' - r ^• L J Z C t - c? * Qga,oz Pd a Zucker, Goldberg & Ackerman, LLC XVP-154370 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-154370 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A., Plaintiff, : CIVIL DIVISION NO.: VS. ELLIS K. DARBY Defendant. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 LAWYER REFERRAL Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 Zucker, Goldberg & Ackerman, LLC XVP-154370 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A., Plaintiff, : CIVIL DIVISION . NO.. VS. ELLIS K. DARBY Defendant. AVISO USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la 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. Usted puede perder dinero O propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A LA SIGUEINTE OFICINA 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-154370 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A., : CIVIL DIVISION Plaintiff, . NO.: Vs. ELLIS K. DARBY Defendant. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Wells Fargo Bank, N.A., by its attorneys, Zucker, Goldberg & Ackerman, LLC, and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Wells Fargo Bank, N.A., (hereinafter "plaintiff") having its principal place of business at 3476 STATEVIEW BLVD., MAC # X7801-013, FT. MILL, SC 29715. 2. The Defendant, ELLIS K. DARBY, is an individual whose last known address is 56 East Penn Street, Carlisle, PA 17013. 3. On or about July 25, 2003, ELLIS K. DARBY executed a Note in favor of New Freedom Mortgage Corporation in the original principal amount of $55,354.00. 4. On or about July 25, 2003, as security for payment of the aforesaid Note, ELLIS K. DARBY, a single man made, executed and delivered to Mortgage Electronic Registration Systems, Inc. as nominee for New Freedom Mortgage Corporation a Mortgage in the original principal amount of $55,354.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on August 15, 2003, in Mortgage Book Volume 1830, Page 0787. 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 note and mortgage was assigned to plaintiff by Assignment of Mortgage dated August 22, 2011 from Mortgage Electronic Registration Systems, Inc. as nominee for New Freedom Mortgage Corporation to Wells Fargo Bank, N.A., Said assignment is unrecorded at this time. 6. ELLIS K. DARBY, a single man is the record and real owner of the aforesaid mortgaged premises. Zucker, Goldberg & Ackerman, LLC XVP-154370 7. Defendant is in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. 8. On April 10, 2011, Defendant was mailed a combined Notice of Homeowners' Emergency Mortgage Assistance Act of 1983 and Notice of Intention to Foreclose Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S. §101, et seq. 9. The amount due and owing Plaintiff by Defendant is as follows: Principal $48,444.53 Interest to 09/12/2011 $1,856.62 Late Charges $114.38 Escrow $1,320.64 Corporate Advance $60.00 Inspection Fee $60.00 Total $51,856.17 plus interest on the principal sum ($48,444.53) in the amount of $ 7.30 per diem , and all other additional amounts authorized under the Mortgage, actually and reasonably incurred by Plaintiff, including but not limited to, late charges, costs (including escrow advances) and Plaintiff's attorneys' fees and expenses. Plaintiff reserves the right to file a motion in the above-captioned action to add such additional sums to the above amount due and owning when incurred. 10. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability under the aforesaid Note in a bankruptcy proceeding, this action is in no way an attempt to re-establish such liability. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $51,856.17, with interest thereon in the amount of $ 7.30 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. Zucker, Goldberg & Ackerman, LLC XVP-154370 ZUCKER, GOLDBERG & ACKERMAN, LLC BY: 0? w Viza, Dated: , 2011 Scott A. ie erick, squire; PA M. #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 Attorneys for Plaintiff XVP-154370/hp 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-154370 EXHIBIT A Zucker, Goldberg & Ackerman, LLC XVP-154370 i y I 15 raPoor Quality Recording ?nio RETURN TO WS), Nations Title Agency, Inc. 5370 W. 95th St Shawnee, KS 66201 VA,L `????(1 C?U V °13 ?'JG 15 P? 2 `i3 NEW FREEDOM MORTGAGE 2363 SOUTH FOOTHILL 'EV Ak t OT SAL 7V rITIrv ? ? ??410 9 ?` N [Space Above This Line For Recording Data] ORT M3 NL 3?C?E? 3 Case Ntut>ber: 10-10-6-.0573748 THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS. OR ITS AUTHORIZED AGENT. MIN: 1000360-0000162622-1 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 10, 12, 17, 19 and 20. Certain rules regarding the usage of words used in this document are also provided in Section 15. (A) "Security Instrument" means this document, which is dated JULY 25, 2003 together with all Riders to this document. (B) "Borrower" is ELLI S K. DARBY A SINGLE MAN Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. (D) "Lender" is NEW FREEDOM MORTGAGE CORPORATION Lender is a CORPORATION organized and existing under the laws of UTAH Lender's address is 2363 SOUTH FOOTHILL DRIVE, SALT LAKE CITY, UTAH 84109 PENNSYLVANIA-Single Family-UNIFORM INSTRUMENT MODIFIED FOR DEPARTMENT OF VETERANS AFFAIRS - MERS (Rev. 1/01) Page 1 of 16 BKi8?0PG01$ l??f 30f ,s- DocMagkCUkVVa)0 800-649-1362 www.docmagic.com PamtgzLva (E) "Dote" means the promissory note signed by Borrower and dated JULY 2 5, 2 0 0 3 The Note states that Borrower owes Lender F I FTY - F I VE THOUSAND THREE HUNDRED FIFTY-FOUR AND 00/100 Dollars(U.S. $ 55, 354 .00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not laterthan AUGUST 1, 2033 (F) "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. (11) "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 ® Other(s) [specify] ? 1-4 Family Rider ? Biweekly Payment Rider ASSUMPTION RIDER (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. W) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that arc imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such 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. (M) "Miscellaneous 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 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking 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) "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. (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Pan 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to 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. (P) "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. PENNSYLVANIA-Single Family-UNIFORM INSTRUMENT MODIFIED FOR DEPARTMENT OF VETERANS AFFAIRS - MERS iRev. 1 /01? Page 2 of 16 RI; I o3' UPi;0788 DOCAftgRCG}x*&!?.%"! 800-649-1362 www. docmegic. com F&.7aRz2.,a TRANSFER OF RIGHTS 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 Under's successors and assigns) and to the successors and assigns of MFRS the following described property located in the COUNTY of CUMBERLAND [Type of Recording Jurisdiction) [Name of Recording Jurisdiction) SEE LEGAL DESCRIPTION ATTACHED HE KO AND MADE A PART HEREOF AS EXHIBIT "A". A.P.N. #: 02-20-1800-330 which currently has the address of 56 EAST PENN STREET [steed] CARLISLE , Pennsylvania 17013 ("Property Address"): icily) (zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom. MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. 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 non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. PENNSYLVANIA-Single Family-UNIFORM INSTRUMENT DocMaUke'-IM M 800-649-1352 MODIFIED FOR DEPARTMENT OF VETERANS AFFAIRS - MERS www.docmagic.com (Rev. 1/01) Page 3 of 16 BK 1830FG0789 UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment or 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 Lender 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 Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits arc 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 14. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. 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. 2. 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 due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment maybe applied to the delinquent payment and the late charge. If more than one Periodic Paymcnt 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 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, insurance proceeds, 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 Escrow Items. Borrower shall pay to Lender on the day Periodic Payments arc due under the Vote, 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; and (c) premiums for any and all insurance required by Under under Section 5. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, 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 PENNSYLVANIA-Single Family-UNIFORM INSTRUMENT DocMagice-,u+siv. Boo 6ag•r362 MODIFIED FOR DEPARTMENT OF VETERANS AFFAIRS - MERS www.docmagic.com (Rev. 1/01) Page 4 of 16 5X 18;?urG079U 1'artvgrl va 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 for 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 agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and 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 14 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 Berns 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 are 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 agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Dander shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Leander the amount necessary to make up the shortage in accordance with RESPA, 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 payrnent 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 tares, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that thm 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 are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an PENNSYLVANIA-Single Family-UNIFORM INSTRUMENT DoCASag iffXwrj= 800-649.1362 MODIFIED FOR DEPARTMENT OF VETERANS AFFAIRS - MERS www.docmagic.com tRev. 1/01) Page 5 of 16 BK1830PG 091 ftmplva agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Leander may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require 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 Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. 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-tithe 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. 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 Property, 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 exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage. not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss 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 Under, 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 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 proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third panics, retained by Borrower shall t.ouyao.,a PENNSYLVANIA-Single Family-UNIFORM INSTRUMENT Dne:AA(agtie e*A'MW 800-6494367 MODIFIED FOR DEPARTMENT OF VETERANS AFFAIRS - MERS www.docmagic.com (Rev. 11/01) Page 6 of 16 B, 1 8811PG07 92 not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security lnstrurnent. 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 tile, negotiate and settle any available insurance claim and related matters. If Burrower 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 21 or otherwise. Borrower hereby assigns to Lender (a) Borrower's rights to any insurance procLcds in an amount not to exceed the amounts unpaid under the Note or this Security instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) 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. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security instrument and shall continue to occupy the Property as Borrower's principal residence for at ]cast 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 S that repair or restoration is not economically feasibiu, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are 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 Borrower's knowiLdge or consent gave materially false, misleading, or inaccurate information or statements to Lander (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to. representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property 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 Lender 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 Prolxny. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has PENNSYLVANIA-Single Family-UNIFORM INSTRUMENT MODIFIED FOR DEPARTMENT OF VETERANS AFFAIRS - MERS {Rev. 1/01) Page 7 of 16 DOC1Hag1C `l:•,? 1,? 600-649-1362 www.docmagic.com ?„x,r B; 1 83O"G07-:9 3 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. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shalt be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. 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 Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the 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 Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, ck:struction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to 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 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 sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender PENNSYLVANIA-Single Family-UNIFORM INSTRUMENT L1pCIV/agti ?'n:o;n 800.649.1362 MODIFIED FOR DEPARTMENT OF VETERANS AFFAIRS - MERS www.doemagic.com (Rov. 1,01) Page 8 of 16 UA11 1834?G0794 I"a:tul;iR.rY 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 18, by causing the action or proceeding to be dismissed with a ruling that, in Gender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 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 pavements 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. 12. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Gender 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 17, any Successor in Interest of Borrower who assumes Borrower's 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 19) and benefit the successors and assigns of Lender. 13. 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 files. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fey: to Borrower shall not be construed as a prohibition on the charging of such fey:. 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 shalt be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) P=KAV.va PENNSYLVANIA-Single Family-UNIFORM INSTRUMENT Do~ dMRgzNw woss9 1362 MODIFIED FOR DEPARTMENT OF VETERANS AFFAIRS - MERS www.docmagic.com I Rev. 1 /01) Page 9 of 16 BX i Oil' G0795 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 malting a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 14. 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 have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's 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. Therc 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. 15. Governing Law; Ser-erability; 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 arc 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 Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 16. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 17. Transfer of the Property; Acceleration; Assumption. 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 Code. The acceptability of any assumption shall also be subject to the following additional provisions: (a) Funding Fee: A fee equal to one-half of 1 percent 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). (Note: The funding fee for loans assumed between 12/13/02 and 09/30/03 will be I percent.) PENNSYLVANIA-Single Family-UNIFORM INSTRUMENT DwMaglcCW,'?tJJ7, rr4; 800-649.1362 MODIFIED FOR DEPARTMENT OF VETERANS AFFAIRS - MFRS www.docmagic.com tRev. 1/01) Page 10 of 16 Pamplo.va 6X 18 33 U P G 0 7 J O (b) 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 determining the creditworthiness of the assumer and subsequently revising the holder's ownership records when an approved transfer is completed. The amount of this charge shall not exceed the maximum established by the Department of Veterans Affairs for a loan to which Section 3714 of Chapter 37. Title 38, United States Code applies. (c) Indemnity Liability Assumption: 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. If the acceptability of the assumption of this loan is not established for any reason, and Lender exercises its option to declare all sums secured by this Security Instrument immediately due and payable. 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 14 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sutras prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. 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 agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property 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. L.cnder 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 check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. 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 17. 14. Sale of N*ote; Change of Loan Servicer; Notice of Grievance. The ;Vole or a partial interest in the Note (together with this Security Instrument) can be sold one or more tines 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 Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name: and address of the new Loan Scrviccr, 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 PENNSYLVANIA-Single Family-UNIFORM INSTRUMENT DOCMagiC412PUTQ11: 806649-1362 MODIFIED FOR DEPARTMENT OF VETERANS AFFAIRS - MERS www.docmagic.com iRev. 1/011 Page 11 of 16 8KI83UPGO797 with the Loan Servicer or be transferred to a successor Loan Servicer and arc 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 of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 14) 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 21 and the notice of acceleration given to Borrower pursuant to Section 17 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 19. 20. Hazardous Substances. As used in this Section 20: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, 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. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the 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 any governmental or regulatory agency or private party involving the Property 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 pmse:nce, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary. Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. 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 17 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured;-and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by PENNSYLVANIA-Single Family-UNIFORM INSTRUMENT pocMWgk4%iW-rTo 800-649-1962 MODIFIED FOR DEPARTMENT OF VETERANS AFFAIRS - MERS www.docrosgic.com (Rev. 1/01) Pago 12 of 16 8K 1830PG0798 judicial proceeding and safe of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert 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 he entitled to collect a)1 expenses incurred in pursuing the remedies provided in this Section 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 22. 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 fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 23. 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. 24. Reinstatement Period. Borrower's time to reinstate provided in Section 18 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any 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. 26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. NOTICE TO BORROWER Department of Veterans Affairs regulations at 38 C.F.R. 36.4334 provide as follows: "Regulations issued under 38 U.S.C. Chapter 37 and in effect on the date of any loan which is submitted and accepted or approved for a guaranty or for insurance thereunder, shall govern the rights, duties, and liabilities of the parties to such loan and any provisions of the loan instruments inconsistent with such regulations are hereby amended and supplemented to conform thereto." PENNSYLVANIA-Single Family-UNIFORM INSTRUMENT D0cMag1c4X3zr,LW. 600.6+8.1362 MODIFIED FOR DEPARTMENT OF VETERANS AFFAIRS - MERS www.docmagic.com (Rev. 1/01) Page 13 of 16 BKI830FG0795 Pumltzl lva BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. )Seal ELLI S K. DARBY ower Witness: (Seal) -Borrower (Seal) -Borrower Witness: (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower PENNSYLVANIA-Single Family-UNIFORM INSTRUMENT DocAtagice-A -mi eoo-649-r362 MODIFIED FOR DEPARTMENT OF VETERANS AFFAIRS - MERS www.docmagic.com (Rev. 1101) Page 14 of 16 BKi83UPG 080G P.axpd4..a COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: On this the day of Z b 03 before me, J" ?CTC. ryl. the undersigned officer, personally appeared ELLIS K. DARBY A SINGLE PLAN known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrumLnt and acknowledged that he/she/they executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seals. oil IM, Notary's Stamp and Embosser) Signature _?t(ru -Pf" LL11 Title of Officer My commission expires: Cod 21, 2Og :Afty Eli: PENNSYLVANIA-Single Family-UNIFORM INSTRUMENT MODIFIED FOR DEPARTMENT OF VETERANS AFFAIRS - MERS (Rev. 1101) Page 15 of 16 DoC &Vftr ,PR` 600-648•1362 www.docmagic.com 6K 188UPG08U I PsnYa S. va Certificate of Residence of Morteaece The undersigned hereby certifies that: (i) he/she is the Mortgagee or the duly authorized attorney or agent of the Mortgagee named in the within instrument; and (ii) Mortgagee's precise residence is: Witness my hand this c7 9""' day of 2 U 63 SIR IYR?r ??1??ry? t? wav? MW ?1? Zt, Yh. L&k Signature of btortgagce or Mortgagee's Du Authorized Attorney or Agent ?'/Cy, c:_? Type or Prim Naine of Mortgagee or M gee's Duly Authorized Attorney or Agent PENNSYLVANIA-Single Family-UNIFORM INSTRUMENT MODIFIED FOR DEPARTMENT OF VETERANS AFFAIRS - MERS (Rev. 1 /01) Page 16 of 16 Bn 1 830PGO802 DOCIMafi*e-%W. .' 800-6494362 www.dacmagic.com Pmragt".h.va LEGAL DESCRIPTION 03NI_3e573 ALL that certain tract of land with improvements thereon erected situate in the Borough ol'Carlisle, Cumberland County, Pa, bounded and described as follows: Bounded on the North by East Penn Street, on the East by land now or formerly of Rebecca S.N. Wert. on the South by an Alley twelve (12) feet wide; and on the West by land now or fomterly of Mrs. A.S. Otto. Containing 17 feet in front on East Penn Street and extending at an even width 119 feet in depth to the Alley on the South. BN1830PG0803 VERIFICATION Justina Luna, hereby states that h /she is Vice President Loan Documentation of WELLS FARGO BANK, N.A., in this matter, that h 19 is authorized to take this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of hi /he knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 032-PA-V2 Zucker, Goldberg & Ackerman, LLC XVP-154370 Title: Vice President Loan Documentation IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, ..?, vs. NO.: 2011-07646 C o -p 3 ev `--3 ELLIS K. DARBY; X ter- 2 , Defendant(s). CD a ' x - C: a z -+ o PRAECIPE TO REINSTATE COMPLAINT '- w TO THE PROTHONOTARY: Please mark the Complaint in Mortgage Foreclosure filed at the above-captioned term and number reinstated. ZUCKER, GOLDBERG & ACKERMAN, LLC BY: Dated: December '2011 Scott ietterick, 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 Attorneys for Plaintiff XVP-154370/cper 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoIdberg.com 411. q,6 PD ATr1 ClOWS9 e a 69317 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 70 S '20' 2 FEB 28 Ail 8: 33 SUMBERLAND iglti'I PENNSYLVANIA Wells Fargo Bank, N.A. vs. Ellis Keith Darby Case Number 2011-7646 SHERIFF'S RETURN OF SERVICE 01/04/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Ellis K. Darby, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Allegheny County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 01/20/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Ellis K. Darby, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Ellis K. Darby. Request for service at 56 E. Penn Street, Carlisle, Pennsylvania 17013 is vacant The Carlisle Postmaster has advised Deputies, Ellis K. Darby has moved and left no forwarding address. 02/01/2012 12:14 PM - Allegheny County Return: And now February 1, 2012 at 1214 hours I, William Mullen, Sheriff of Allegheny County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Ellis Keith Darby by making known unto himself personally, at 5704 Penn Avenue W-411, Pittsburgh, Pennsylvania 15206 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $64.00 February 23, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF ,. e, t I C'! SHERIFF'S OFFICE OF CUMBERLAND COUNTY L? Ronny R Anderson Sheriff Richard W Stewart Jody S Smith Solicitor Chief Deputy Wells Fargo Bank, N.A. Case Number vs. 2011-7646 Ellis K. Darby N SERVICE COVER SHEET 0 N Service Details: 0 o Category: Civil Action -Complaint in Mortgage Foreclosure Zone: X Manner: Deputize Expires: 02/01/2012 Warrant: w Notes: 5 3_, z ,, ` ?S a r- a 1 A"' a rve To: Final Service: rb D K Elli Served: Person y Adult In Charge Posted Other y a . s ame: ? m Primary 7111 Tilden Street Adult In ddress: Pittsburgh, PA 15206 Charge: Ph e: DOB: Relation: W W A/te nate Date: Time: 3 f .ate to Add ess: Z Deputy: Mileage: o J P ne: Attorney/ Originator: Name: Scott A Dietterick Phone: 717-533-3280 Service' Attempts: Date: `D Time: Mileage: i + I coy, Deputy: Notes /Special Instructions: Y co Now, January 04, 2012 I, Sheriff of Cumberland County, Pennsylvania do hereby deputize the Sheriff of Allegheny County to execute service of the documents herewith and make return thereof according to law. } Return To:/?- -- `_ Q Cumberland County Sheriff's Office p One Courthouse Square Carlisle, PA 17013 onny R Anderson, Sheriff { IN THE COURT OF COMMON PLEAS OF CUMBERLAN T- 4 *?' PENNSYLVANIA _,,I,R?? P;1 3:27 Wells Fargo Bank, N.A., Plaintiff VS. ELLIS K. DARBY; Defendant(s). I Hereby certify that the last known address of Defendant(s) is/are: 5704 PENN AVE W-411 PITTSBURGH, PA 15206 744&02. AW4, Attorney for Plaintiff :;J,i iL)r- i dv BOUNTY CIVIL DIVISION PENNSY! ?`ANIA No.: 2011-07646 ISSUE NUMBER: TYPE OF PLEADING: PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) FILED ON BEHALF OF: Wells Fargo Bank, N.A. 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 I.D. #311032 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500 Atty File No.: XVP-154370 a,Mk a 14. "s6pd `mil Clc.lk 33&3?- ,p 27 1-11,Te) h 14 0 fillul& -W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. Plaintiff, CIVIL DIVISION VS. ELLIS K. DARBY; NO.: 2011-07646 PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendant(s), Ellis K. Darby, in the amount of $53,503.35 which is itemized as follows for failure to file an Answer: Defendant(s). Principal $48,444.53 Interest through 04/10/12 $3,389.62 Late Charges $ 228.56 Escrow $1,320.64 Corporate Advance $ 60.00 Inspection Fee 60.00 TOTAL $53,503.35 plus interest on the principal sum ($48,444.53) from April 11, 2012, at the rate of $7.30 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. ZUCKER, OLDBERG & ACKERMAN, LLC BY: Dated: f Scott A. ?etteri , squ e; 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 Attorneys for Plaintiff XVP-154370/pn 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com Zucker, Goldberg & Ackerman, LLC XVP-154370 I A AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT STATE OF NEW JERSEY COUNTY OF UNION SS: Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Scott A. Dietterick, Esquire, Kimberly A. Bonner, Esquire, Joel A. Ackerman, Esquire, Ashleigh L. Marin, Esquire, Ralph M. Salvia, Esquire, Jaime R. Ackerman, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendant is not in the military service of the United States of America to the best of his/her knowledge, information and belief and certifies that the Notice of Intent to take Default Judgment was mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies. ZUCKER GOLDBERG & ACKERMAN, LLC Dated: lot-) By: -- na R - Sco ihtenc , 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 Atty File No.: XVP-154370 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 Email: Office@zuckergoldberg.com (908) 233-8500; (908) 233-1390 FAX Sworn to and subscribed before me Thik (j day of April, 2012 N My Commis'sien Expires: EDWARD J. SCHWAHL II Commission # 2383238 Notary Public, State of New Jersey My Commission Expires March 09, 2014 Zucker, Goldberg & Ackerman, LLC XVP-154370 Request for Military Status Department of Defense Manpower Data Center Page 1 of 2 Jun-03-2011 09:24:35 Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency Based on the information you have furnished, the DMDC does not possess DARBY ELLIS any information indicating the individual status. 40 Military Status Report Pursuant to the Service Members Civil Relief Act Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). r?w?n?. Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense 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 Service Members Civil Relief Act (50 USC App. §§ 501 et 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 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 is on active duty, 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.mil/fag/Xis/PC09SLDR.html. If you have evidence the person is on active duty 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). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appj/scra/popreport.do 6/3/2011 • Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days 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 TARS, Marine Corps ARs and Coast Guard 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) for a period of more than 30 consecutive days. 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. 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 SCRA extend beyond the last dates of active duty. Those who would 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 name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:JOGVD9DTUQ https://www.dmdc.osd.mil/appj/scra/popreport.do 6/3/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, VS. NO.: 2011-07646 ELLIS K. DARBY; Defendant(s). NOTICE OF ORDER, DECREE OR JUDGMENT TO: ELLIS K. DARBY 5704 PENN AVE W-411 PITTSBURGH, PA 15206 ( ) Plaintiff (X) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on _ y IF //a ( ) A copy of the Order or Decree is enclosed, or (X) The judgment is as follows: $53,503.35 plus interest on the principal sum ($48,444.53) from April 11, 2012, at the rate of $7.30 per ' es), additional diem, plus additional late charges, and costs (including aan- Prothonotary attorneys' fees and costs and for foreclosure and sale of tZucker, Goldberg & Ackerman, LLC XVP-154370 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Div ofu+n6rr? Jody s smith ?'°a 2C12 FEB 28 API 8: 33 P"4 .?. Chief Deputy Richard W Stewart (4UMBERLANU COUNTY Solicitor OFFICE OF THE c..ERlcc PENNSYLVANIA Wells Fargo Bank, N.A. I Case Number vs. 2011-7646 Ellis Keith Darby SHERIFF'S RETURN OF SERVICE 01/04/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Ellis K. Darby, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Allegheny County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 01/2012012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Ellis K. Darby, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Ellis K. Darby. Request for service at 56 E. Penn Street, Carlisle, Pennsylvania 17013 is vacant. The Carlisle Postmaster has advised Deputies, Ellis K. Darby has moved and left no forwarding address. 02/01/2012 12:14 PM - Allegheny County Return: And now February 1, 2012 at 1214 hours 1, William Mullen, Sheriff of Allegheny County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Ellis Keith Darby by making known unto himself personally, at 5704 Penn Avenue W-411, Pittsburgh, Pennsylvania 15206 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $64.00 February 23, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF jc) i.OMltySuile Sheriff teiflmr1 Orr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. vs ELLIS K. DARBY Plaintiff, Defendant. CIVIL DIVISION NO.: 2011-07646 IMPORTANT NOTICE TO: ELLIS K. DARBY 5704 PENN AVE W-411 PITTSBURGH, PA 15206 DATE OF NOTICE: 3/20/2012 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth again you. Unless you act within Ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal Help. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, Vs. ELLIS K. DARBY Defendant. NO.: 2011-07646 AVISOIl?TANlE TO: ELLIS K. DARBY 5704 PENN AVE W-411 PITTSBURGH, PA 16206 FECHA DEL AVISO:3/20/2012 LB-IM EFTA EN MA PCR LE HA FAUADO EE T aWAR. LA ACCICI-? Xla? IIV P IE CASO A NFIVCS QLE LSIED TIZWE A(XICN EE LQIS PRMN" L? (10 IIA.S ICE LA FBa- A ICE ESM AV50, SE RIME IICTAR I NFALLOEN CXVI ASUYA SNLLEVAR.SEACADDLMNT5'MYLS=PLUM PEA SU Y C11RC1S E EI E-KICS HVF(XUANIEa LB= E? I I VAR E4IE DCXMD I 7 R%4 ATANE M A SU A 3Cx3ADQ S1 LMM NC TIENIE LN ABOC.AM O NO PUEE E PACER. LIVQ VAYA O LLANE LA CFICIlVA ABATO R',11CADA PARA QLE LE Il NEV DANCE PLEEE Oa M AY" IECAL r4MCE'r0DEFEND &LAMNM SEIT?1ICE 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, GOIDEERG&AC EEWAN BY J=A. D"IEIt>a'idk Scm A Dietteridt, Esquire Attorneys fer Plairififf PAID. # 55650 200 Sheffield Street, Suite 301 P.O Bax 1024 Nfountain%cle, NJ 070924)024 (717) 533-3560 msr CLAsS U St MAIL, PCIIST'AGE PF EPAID 154370 - ' IN ME COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA � File No. 2011'07646 Wells Fargo Bank,N.A., ' ` ' Amount Due $53,503.35 Plaintiff, interest from 4/11/2012to date ofsale $3,73030 c� «^' Costs EUbK.Oarby; Defendant. > ci . -^c_ TO THE PROTHONOTARY OF THE SAID COURT: - The undersigned hereby certifies that the below does not arise out ofm retail installment sale,contract of account based on a confession of judgment,but ifb does,it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended;and for real property pursuant to Act Gof1974euamended. PRAECIPE FOR EXECUTION Issue Writ of Execution in the above matter to the Sheriff of Cumberland County,for debt,interest and costs upon the following described property nf the defendant(s): See Exhibit°eattached PRAECIPE FOR ATTACHMENT EXECUTION Issue Writ of Attachment to the Sheriff of Cumberland County,for debt,interest and costs,as above,directing attachment against the above-named garnishee(s)for the following property(if real estate,supply six copies of the description;supply four copies of lengthy personality U#): and all other property of the defenclant(s)in the possession,custody or control of the said garnishee(s), ____(|nd|rate)Index this writ against the garnishee(s)as a lis pendens described in the attached exhibit. DATE: Signature: Print Name: Q) mmnpy� ner,Esquire �&8.!50 P6 Joel Ackerman,Esquire SIB. 00 0-Br Ashleigh LK8a,in,Esquire . 00 ^^ Jaime R.Ackerman,Esquire Le* U`0() '' Address: Zucker,��- x W 175 200 Sheffield Street,Suite 101 Mountainside,NU 07092 �� m��~ Attorney for: Plaintiff Telephone: 908'333-8500 Supreme Court|DNn.: 5S650 89705 202729 306799 311032 xuokr, u^|$w�mxukrnnami|c � xvw�—o � �� Cl N� x_�� w�'/f^�4��.�!.. �� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A., CIVIL DIVISION Plaintiff, NO.: 2011-07646 -oz a; vs. Execution No.: Ellis K. Darby; Defendant. > W 73 AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank, N.A., 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 56 East Penn Street a/k/a 56 Penn Street East,Carlise, PA 17013. 1. Name and Address of Owner(s)or Reputed Owner(s): ELLIS K. DARBY,A SINGLE MAN 5704 PENN AVE W-411 PITTSBURGH,PA 15206 2. Name and Address of Defendant(s)in the Judgment: ELLIS K. DARBY 5704 PENN AVE W-411 PITTSBURGH, PA 15206 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: WELLS FARGO BANK, N.A. Plaintiff 4. Name and Address of the last record holder of every mortgage of record: WELLS FARGO BANK, N.A. Plaintiff bucker.Ooldbeqi&Ackenim,LIC XV11-1 54370 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.,AS NOMINEE FOR NEW FREEDOM CORPORATION P.O. Box 2026 Flint, MI 48501-2026 AND 2363 South Foothill Drive Salt Lake City, LIT 84109 AND 3300 Southwest 34th Avenue,Suite 101 Ocala, FL 34474 AND 1901 E.Voorhees Street,Suite C Danville, IL 61834 MERS, INC.,AS NOMINEE FOR NEW FREEDOM CORPORATION P.O. Box 2026 Flint, MI 48501-2026 AND 2363 South Foothill Drive Salt Lake City, LIT 84109 AND 3300 Southwest 34th Avenue,Suite 101 Ocala, FL 34474 AND 1901 E.Voorhees Street,Suite C Danville, IL 61834 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 CACH, LLC C/O David J.Apothaker Apothaker&Association 520 Fellowship Road,C306 Mount Laurel, NJ 0854 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 Zucker.(;oldberg&Ackerman,Ll XV11-1 54370 M." 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 56 East Penn Street a/k/a 56 Penn Street East Carlise, PA 17013 UNKNOWN SPOUSE 5704 PENN AVE W-411 PITTSBURGH, PA 15206 PA DEPT.OF REVENUE-INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 1 verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.§4904 relating to unsworn falsification to authorities. ZUCKER GOLDBERG&,AotERMAN, LLC Dated: BY: Scott A.Dte ri , Esquire; PA I.D.#55650 Kimberly Bonner, Esquire; PA.I.D.#89705 Joel A.Ackerman, Esquire; PA I.D.#202729 Ashleigh L. Marin, Esquire; PA I.D.#306799 Jaime R.Ackerman, Esquire; PA I.D.#311032✓ 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 File No.:XVP-154370 (908)233-8500; (908)233-1390 FAX E-mail: Office @zuckergoldberg.com Zucker,Ooldberg&Ackerman,LL(° X VP-1 5437() Exhibit"A" LEGAL.DESCRIPTION 03NL36573 ALL THAT CERTAIN TRACT OF LAND WITH IMPROVEMENTS THEREON ERECTED SITUATE IN THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY,PA,BOUNDED AND DESCRIBED AS FOLLOWS: BOUNDED ON THE NORTH BY EAST PENN STREET,ON THE EAST BY LAND NOW OR FORMERLY OF REBECCA S.N. WERT;ON THE SOUTH BY AN ALLEY TWELVE (12)FEET WIDE;AND ON THE WEST BY LAND NOW OR FORMERLY OF MRS. A.S. OTTO. CONTAINING 17 FEET IN FRONT ON EAST PENN STREET AND EXTENDING AT AN EVEN WIDTH 119 FEET IN DEPTH TO THE ALLEY ON THE SOUTH. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 56 EAST PENN STREET AIK/A 56 PENN STREET EAST, CARLISE,PA, 17013. BEING THE SAME PREMISES WHICH THOMAS B. GRIFFIE,BY DEED DATED FEBRUARY 28, 1997 AND RECORDED MARCH 3, 1997 IN AND FOR CUMBERLAND COUNTY,PENNSYLVANIA, IN DEED BOOK VOLUME 153,PAGE 996, GRANTED AND CONVEYED UNTO ELLIS K. DARBY,A SINGLE MAN. TAX MAP NO.: 02-20-1800-330 Zucker,Goldberg&Ackerman,LLC XVP-154370 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, VS. NO.: 2011-07646 Ellis K. Darby; Defendant. MUD =M -v r -am CD NOTICE OF SHERIFF'S SALE r.a Tj OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 ELLIS K. DARBY 5704 Penn Avenue W-411 Pittsburgh, PA 15206 AND 56 E. Penn Street Carlisle, PA 17013 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 09/04/2013 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: 56 East Penn Street a/k/a 56 Penn Street East,Carlise,PA,17013 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 2011-07646 THE NAME(S)OF THE OWNER(S)OR REPUTED OWNER(S)OF THIS PROPERTY ARE: ELLIS K. DARBY 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 Zucker,Goldberg&Ackerman,LLC XVP-154370 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 Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the Zucker,Goldberg&Ackerman,LLC XVP-154370 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& KERMAN, LLC Dated: J BY: { Scott A. Dte rack, Esquire;WPA I.D.#55650 Kimberly A. nner, Esquire; PA.I.D.#89705 Joel A.Ackerman,Esquire; PA I.D.#202729 Ashleigh L.Marin, Esquire; PA I.D.#306799 Jaime R.Ackerman,Esquire;PA I.D.#311032 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 File No.:XVP-154370 (908)233-8500;(908)233-1390 FAX E-mail: Office@zuckergoldberg.com VIA CERTIFIED MAIL,RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. Zucker,Goldberg&Ackerman,LLC XVP-154370 Exhibit"A" LEGAL DESCRIPTION 03NL36573 ALL THAT CERTAIN TRACT OF LAND WITH IMPROVEMENTS THEREON ERECTED SITUATE IN THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY,PA,BOUNDED AND DESCRIBED AS FOLLOWS: BOUNDED ON THE NORTH BY EAST PENN STREET,ON THE EAST BY LAND NOW OR FORMERLY OF REBECCA S.N. WERT; ON THE SOUTH BY AN ALLEY TWELVE (12) FEET WIDE; AND ON THE WEST BY LAND NOW OR FORMERLY OF MRS. A.S. OTTO. CONTAINING 17 FEET IN FRONT ON EAST PENN STREET AND EXTENDING AT AN EVEN WIDTH 119 FEET IN DEPTH TO THE ALLEY ON THE SOUTH. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 56 EAST PENN STREET AIK/A 56 PENN STREET EAST, CARLISE,PA, 17013. BEING THE SAME PREMISES WHICH THOMAS B. GRIFFIE, BY DEED DATED FEBRUARY 28, 1997 AND RECORDED MARCH 3, 1997 IN AND FOR CUMBERLAND COUNTY,PENNSYLVANIA, IN DEED BOOK VOLUME 153,PAGE 996, GRANTED AND CONVEYED UNTO ELLIS K. DARBY,A SINGLE MAN. TAX MAP NO.: 02-20-1800-330 Zucker,Goldberg&Ackerman,LLC XVP-154370 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 11-7646 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due WELLS FARGO BANK,N.A., Plaintiff(s) From ELLIS K.DARBY (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: $53,503.35 L.L.:$.50 Interest from 4/11/12 to date of sale -- $3,730.30 Atty's Comm: Due Prothy:$2.25 Atty Paid: $270.75 Other Costs: Plaintiff Paid: Date: 4/3/13 Davi .Buell,Protho (Seal) By: 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, N.A., CIVIL DIVISION Plaintiff, NO.: 2011-07646 r. VS. , M Execution No.: c , Ellis K. Darby; �°- css Defendant. C-D i C-- AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 -w Wells Fargo Bank, N.A., 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 56 East Penn Street a/k/a 56 Penn Street East, Carlise, PA 17013. 1. Name and Address of Owner(s)or Reputed Owner(s): ELLIS K. DARBY,A SINGLE MAN 5704 Penn Ave W-411 Pittsburgh, PA 15206 2. Name and Address of Defendant(s) in the Judgment: ELLIS K. DARBY 5704 Penn Ave W-411 Pittsburgh, PA 15206 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: WELLS FARGO BANK, N.A. Plaintiff CUMBERLAND COUNTY ADULT PROBATION 4 East Liberty Ave, Carlisle, PA 17013 4. Name and Address of the last record holder of every mortgage of record: WELLS FARGO BANK, N.A. Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.,AS NOMINEE FOR NEW FREEDOM CORPORATION, ITS SUCCESSORS AND ASSIGNS P.O. Box 2026 Flint, MI 48501-2026 AND 2363 South Foothill Drive Salt Lake City, UT 84109 AND 3300 Southwest 34th Avenue,Suite 101 Ocala, FL 34474 AND 1901 E.Voorhees Street,Suite C Danville, IL 61834 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.,AS NOMINEE FOR NEW FREEDOM CORPORATION P.O. Box 2026 Flint, MI 48501-2026 AND 2363 South Foothill Drive Salt Lake City, UT 84109 AND 3300 Southwest 34th Avenue, Suite 101 Ocala, FL 34474 AND 1901 E.Voorhees Street, Suite C Danville, IL 61834 BENEFICIAL CONSUMER DISCOUNT COMPANY, DOING BUSINESS AS BENEFICIAL MORTGAGE COMPANY OF PENNSYLVANIA 419 Village Drive,Suite 2, Carlisle, PA 17013 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 CACH, LLC C/O David J.Apothaker Apothaker&Association 520 Fellowship Road, C306 Mount Laurel, NJ 0854 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 56 East Penn Street a/k/a 56 Penn Street East Carlise, PA 17013 UNKNOWN SPOUSE 5704 PENN AVE W-411 PITTSBURGH, PA 15206 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 1 verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ZUCKER GOLDBERG &ACKERMAN, LLC Dated: (a� 13 BY: 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 Jaime R.Ackerman, Esquire; PA I.D.#311032 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 File No.:XVP-154370 (908) 233-8500; (908)233-1390 FAX E-mail: Office @zuckergoldberg.com Exhibit "A" LEGAL DESCRIPTION 03NL36573 ALL THAT CERTAIN TRACT OF LAND WITH IMPROVEMENTS THEREON ERECTED SITUATE IN THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PA, BOUNDED AND DESCRIBED AS FOLLOWS: BOUNDED ON THE NORTH BY EAST PENN STREET, ON THE EAST BY LAND NOW OR FORMERLY OF REBECCA S.N. WERT; ON THE SOUTH BY AN ALLEY TWELVE (12) FEET WIDE;AND ON THE WEST BY LAND NOW OR FORMERLY OF MRS.A.S. OTTO. CONTAINING 17 FEET IN FRONT ON EAST PENN STREET AND EXTENDING AT AN EVEN WIDTH 119 FEET IN DEPTH TO THE ALLEY ON THE SOUTH. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 56 EAST PENN STREETA/K/A 56 PENN STREET EAST, CARLISE, PA, 17013. BEING THE SAME PREMISES WHICH THOMAS B. GRIFFIE, BY DEED DATED FEBRUARY 28, 1997 AND RECORDED MARCH 3, 1997 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 153, PAGE 996, GRANTED AND CONVEYED UNTO ELLIS K. DARBY,A SINGLE MAN. TAX MAP NO.:02-20-1800-330 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A., CIVIL DIVISION Plaintiff, NO.: 2011-07646 vs. TYPE OF PLEADING Ellis K. Darby; Pa. R.C.P. RULE 3129.2(C)AFFIDAVIT OF SERVICE Defendant. OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST FILED ON BEHALF OF: Wells Fargo Bank, N.A. COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG &ACKERMAN, LLC Scott A. Dietterick, Esquire PA I.D.#55650 Kimberly A. Bonner, Esquire- PA I.D.#89705 Joel A.Ackerman, Esquire- PA I.D.#202729 Ashleigh L. Marin, Esquire- PA I.D.#306799 Ralph M.Salvia, Esquire- PA I.D. #202946 Jaime R.Ackerman, Esquire- PA I.D.#311032 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500 (908) 233-1390 FAX office @zuckergoldberg.com File No.:XVP- 154370/dsc 4-D -71 ...i rV Zucker, Goldberg&Ackerman, LLC XVP-154370 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, • vs. NO.: 2011-07646 Ellis K. Darby; . • Defendant. Pa.R.C.P. RULE 3129(c)AFFIDAVIT OF SERVICE OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST I, Daniel Schlesinger, a paralegal with the firm of Zucker, Goldberg & Ackerman, LLC, attorneys for Plaintiff, Wells Fargo Bank, N.A., being duly sworn according to law depose and make the following Affidavit regarding the service of Plaintiffs Notice of Sheriffs Sale of Real Property in this matter on Defendant/Owner and Other Parties of Interest as follows: 1. Defendant, Ellis K. Darby, a single man, is the record owner of the real property. 2. On or about August 13, 2013, ELLIS K. DARBY, a single man was served with Plaintiffs Notice of Sheriffs Sale of Real Property Pursuant to Pa. R.C.P. 3129, personally by the Sheriff of Allegheny County, at the address of 3700 University Drive, Pittsburgh, PA 15206. A true and correct copy of said Proof of Service are marked Exhibit"A", attached hereto and made a part hereof. 3. On or about July 26, 2013, Plaintiffs counsel served all other parties in interest with Plaintiffs Notice of Sheriff's Sale according to Plaintiffs Affidavit Pursuant to rule 3129.1, via First Class U.S. Mail, Postage Pre-Paid, with a Certificate of Mailing. True and correct copies of said Notices and Certificates of Mailing are marked Exhibit"B", attached hereto and made a part hereof. Finally, the undersigned deposes and says that the Defendants/Owners and all other Parties of Zucker, Goldberg&Ackerman, LLC XVP-154370 Interest were served with Plaintiff's Notice of Sheriff's Sale of Real Property in accordance with Pa.R.C.P. 3129.2. ZUCKER, GOLDBERG &ACKERMAN, LLC eys fo - ti' Dated: October t , 2013 11161k SCHLESING ' Paralegal/Legal Assistant Sworn to and subscribed before me this `lj( day of October, 2013 - Ne()- ^ Notary ublic PAUL C. NADRATOWSKI MY COMMISSION EXPIRES: Notary Public of New Jersey My Commis on xpires�4/27/2016 Zucker, Goldberg&Ackerman, LLC XVP-154370 EXHIBIT A Zucker, Goldberg&Ackerman, LLC XVP-154370 YL ' S Cu-a - -.D S p-* SHERIFF' OFFICE OF CUMBERLAND COUNTY ___Ronny R-Anderson.—.._.....----- —— —— - - _.._.. ..__.. _ _...__.._.._. _........_... ......................._.. Sheriff to*. of Cumber, Jody S Smith , Chief Deputy . Richard W Stewart .s - Solicitor OFFICE OF THE SHERIFF Wells Fargo Bank, N.A. Case Number vs. Ellis Keith Darby 2011-7646 SHERIFF'S RETURN OF SERVICE 04/25/2013 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: Ellis Keith Darby, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Alletheny County to serve the within Real Estate Writ, Notice and Description, in the above titled action,according to law. 07/03/2013 11:32 AM-Deputy Ronald Hoover,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 56 East Penn Street a/k/a 56 Penn Street East, Carlisle- Borough, Carlisle, PA 17013, Cumberland County. 08/06/2013 Spoke with Paula from the Allegheny County Sheriff's Office this date,defendant was not served with the Real Estate Writ for the 9/4/13 sale,service was never attempted, she asked that paperwork be resent so that the Sargent in charge of civil process could see that it gets served for a future continuance date, left message on voice mail of Renee Florez, paralegal to Atty Jaime Ackerman requesting further instructions. CAB. 0r P5 - requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff o" Allegheny County upon Ellis Keith Darby,personally, at 3700 University Drive, Pittsburgh, PA 15219. So Answers:William Mullen,Sheriff. SHERIFF COST: $914.99 SO ANSWERS, August 19,2013 RONNY R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosott,Inc. EXHIBIT B Zucker, Goldberg&Ackerman, LLC XVP-154370 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank,N.A. • CIVIL DIVISION Plaintiff, • vs. NO.:2011-07646 • ELLIS K. DARBY; • Defendant. • NOTICE TO UENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P.3129(b} TO: UNKNOWN TENANT OR TENANTS UNKNOWN SPOUSE 56 East Penn Street a/k/a 56 Penn Street East 5704 Penn Ave W-411 Carlise,PA 17013 Pittsburgh, PA 15206 COMMONWEALTH OF PENNSYLVANIA PA DEPT.OF REVENUE-INHERITANCE TAX DEPARTMENT OF WELFARE DIVISION P.O. Box 2675 Dept.280601 Harrisburg, PA 17105 Harrisburg, PA 17128-0601 CUMBERLAND COUNTY TAX CLAIM BUREAU CUMBERLAND COUNTY DOMESTIC RELATIONS Cumberland County Courthouse OFFICE One Courthouse Square Domestic Relations Section Carlisle,PA 17013 13 N. Hanover Street PO Box 320 MORTGAGE ELECTRONIC REGISTRATION Carlisle, PA 17013 SYSTEMS, INC.,AS NOMINEE FOR NEW FREEDOM CORPORATION, ITS SUCCESSORS AND BENEFICIAL CONSUMER DISCOUNT COMPANY, ASSIGNS DOING BUSINESS AS BENEFICIAL MORTGAGE P.O. Box 2026 COMPANY OF PENNSYLVANIA Flint,MI 48501-2026 419 Village Drive,Suite 2, Carlisle,PA 17013 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.,AS NOMINEE FOR NEW CACH, LLC FREEDOM CORPORATION, ITS SUCCESSORS AND C/O David J.Apothaker ASSIGNS Apothaker&Association 2363 South Foothill Drive 520 Fellowship Road,C306 Salt Lake City, UT 84109 Mount Laurel, NJ 0854 MORTGAGE ELECTRONIC REGISTRATION MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.,AS NOMINEE FOR NEW SYSTEMS, INC.,AS NOMINEE FOR NEW FREEDOM CORPORATION, ITS SUCCESSORS AND FREEDOM CORPORATION ASSIGNS 2363 South Foothill Drive 3300 Southwest 34th Avenue,Suite 101 Salt Lake City,UT 84109 Ocala, FL 34474 Zucker,Goldberg&Ackerman,LLC XVP-154370 154370D1004C07232013P1 MORTGAGE ELECTRONIC REGISTRATION MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.,AS NOMINEE FOR NEW SYSTEMS, INC.,AS NOMINEE FOR NEW FREEDOM CORPORATION, ITS SUCCESSORS AND FREEDOM CORPORATION ASSIGNS 3300 Southwest 34th Avenue,Suite 101 1901 E.Voorhees Street,Suite C Ocala, FL 34474 Danville, IL 61834 MORTGAGE ELECTRONIC REGISTRATION MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC.,AS NOMINEE FOR NEW SYSTEMS, INC.,AS NOMINEE FOR NEW FREEDOM CORPORATION FREEDOM CORPORATION 1901 E.Voorhees Street,Suite C P.O. Box 2026 Danville,IL 61834 Flint, MI 48501-2026 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania,and to the Sheriff of Cumberland County,directed,there will be exposed to Public Sale in: the Cumberland County Courthouse,1 Courthouse Square,Carlisle, PA 17013 On 09/04/2013 at 10:00am,the following described real estate which ELLIS K. DARBY,a single man are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: 56 East Penn Street a/k/a 56 Penn Street East, Carlise, PA 17013 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT"A"). • Zucker,Goldberg&Ackerman,LLC XVP-154370 154370D1004C07232013P2 The said Writ of Execution has been issued on a judgment in the action of Wells Fargo Bank, N.A. Plaintiff vs. ELLIS K. DARBY,et al Defendant(s) at EX.NO.2011-07646 in the amount of$53503.35 plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty(30)days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten(10)days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriff's Sale or this Notice,you should contact your attorney as soon as possible. ZUCKER,GOLDBERG&ACKERMAN,LLC Dated: A4\15 BY: QUY1.0...}e VY1 Scott A. Dietterick,Esquire; PA I.D.#55650 q , Kimberly A.Bonner,Esquire; PA I.D.#89705 Joel A.Ackerman, Esquire; PA LD.#202729 Ashleigh Levy Marin,Esquire; Pa I.D.#306799 Ralph M.Salvia; PA I.D.#202946 Jaime R.Ackerman, Esquire; PA I.D.#311032 200 Sheffield Street,Suite 301 Mountainside, NJ 07092 File No.:XVP-154370 (908)233-8500; (908)233-1390 FAX E-mail: Office @zuckergoldberg.com • Zucker,Goldberg&Ackerman,LLC XVP-154370 154370D1004C07232013P3 Exhibit"A" LEGAL DESCRIPTION 03NL36573 ALL THAT CERTAIN TRACT OF LAND WITH IMPROVEMENTS THEREON ERECTED SITUATE IN THE BOROUGH OF CARLISLE,CUMBERLAND COUNTY, PA,BOUNDED AND DESCRIBED AS FOLLOWS: BOUNDED ON THE NORTH BY EAST PENN STREET,ON THE EAST BY LAND NOW OR FORMERLY OF REBECCA S.N.WERT;ON THE SOUTH BY AN ALLEY TWELVE(12)FEET WIDE;AND ON THE WEST BY LAND NOW OR FORMERLY OF MRS.A.S.OTTO. CONTAINING 17 FEET IN FRONT ON EAST PENN STREET AND EXTENDING AT AN EVEN WIDTH 119 FEET IN DEPTH TO THE ALLEY ON THE SOUTH. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 56 EAST PENN STREET A/K/A 56 PENN STREET EAST,CARLISE,PA, 17013. BEING THE SAME PREMISES WHICH THOMAS B.GRIFFIE, BY DEED DATED FEBRUARY 28, 1997 AND RECORDED MARCH 3, 1997 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 153,PAGE 996,GRANTED AND CONVEYED UNTO ELLIS K.DARBY,A SINGLE MAN. • TAX MAP NO.:02-20-1800-330 Zucker,Goldberg&Ackerman,LLC XVP-154370 154370D1004C07232013P4 Page 1 of 8 NOTICE TO L1ENHOLDERS Fp" - Li-NITED STATES. ,. . -Nag- :POSTAL SERV1Cte ,,se.ST 2 . 01"1512°34701,, .;--..:';.14,!.:i.:„...-1 .,.s..+e.. ((ttscirrwig.„„,,..,=./m,:manoovves and ls ICnatedrniacatiton oaf l mali. rovide evide at m h rase t •to A:,,tr-:ta..;"4i-1.•.lp 1,1"'... 02 $ 0 1.200 Tre MaIng ps nce haabean pntad a USPSr ing.This tom 0004282038 JUL 26 2013 1"— MAILED FROM ZIP CODE 0 7092 From Scott A. Dietterick,Esquire %./,.‘.9 o ao Zucker,Goldberg&Ackerman, LLC co e("Oa I '4411k4i) 200 Sheffield Street,Suite 101 (ex, -../ ,Jc...„ Mountainside, NJ 07092 XVP-154370 -%A C T°' UNKNOWN TENANT OR TENANTS Postmark Here 56 East Penn Street a/k/a 56 Penn Street East Carlise,PA 17013 , County of P.Q.:CUMBERLAND PS Form 3817,April 2007 PSN 7530-02-000-9065 UA11TED STATES ............., POSIZIL SERVICEe IC . 4. rnrivt,,,...-„ayooirwo, . .., • - t(two , .....:--...."- piTho ,,,,00 .• 1 ""'"'"'', 1-.4.-.,:r 4•-"?.t . This Certificate of Mailing provides evidence than mall has been presented to mailing ,,i '1.,.3-,p.` ...2 im luL 26 201 and International mai. IA,,.....,-r ,.i u 0 42620.35 .c.-±-t-,.1..f.,,,.....t‘,.,„ . oo zu,coo R.'''. Scott A.Dietterick, Esquire 4/4 Ile.4,r-flic;-..- tuusgE°FR°M ._.:0 .--: ao Zucker,Goldberg&Ackerman LLC ..0 ;• ,. 6)4 - , 200 Sheffield Street,Suite 101 \\ Mountainside,NJ 07092 xv. ' 1.,%T E A M C To: COMMONWEALTH OF PENNSYLVANIA Postmark Here DEPARTMENT OF WELFARE P.O.Box 2675 Harrisburg, PA 17105 County of P.Q.:CUMBERLAND PS Form 3817,April 2007 PSN 7530-02-000-9065 Page 1 of 8 Page 2 of 8 NOTICE TO LIENHOLDERS €. } p 1 PP. .', POSTAL SERVICEs -,3,- 49, This CaiiRwte of Maalr*provides evidence that mall hes been presented to U5P5•for malt This f', `f`."4 '� , •• 0 2 Paiv t� and international mall. r!,"X-t+� 0 1/44 or s 00428 /� From: Scott A. Dietterick, Zucker,Goldberg&Ackerman LLC '�6)1.2e). Ma1��oMZ�p O�1 e�V� / , C G '!� E 07082 200 Sheffield Street,Suite 101 sA ' Mountainside, NJ 07092 XVP-15437 a % T C To: CUMBERLAND COUNTY TAX CLAIM BUREAU Postmark Here Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 County of P.Q.:CUMBERLAND PS Form 3817,April 2007 PSN 7530-02-000-9065 FP, POSTAL SERVICES � }'r .4 1, 0 2 1M � s .'«`{ tt�'';, 000 4282036 ?1 TMs Certificate of Mailing provides evidence that mall has been presented to USPSe for maim.This ft `�:�+ AILED u�2 8�O� and International mail. FROM ZIP CODE 0 7 F'0O1' Scott A. Dietterick, Esquire �� 082 c/o Zucker,Goldberg&Ackerman, LLC \k9 A, 200 Sheffield Street,Suite 101 �' '' Mountainside, NJ 07092 XVP-154370/sde T C To' MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.,AS Postmark Here NOMINEE FOR NEW FREEDOM CORPORATION,ITS SUCCESSORS AND ASSIGNS P.O. Box 2026 Flint, MI 48501-2026 County of P.Q.:CUMBERLAND PS Form 3817,April 2007 PSN 7530-02-000-9065 Page 2 of 8 Page 3 of 8 NOTICE TO LIENHOLDERS g IAITESfTFS_ i�` _ o - r , POSTAL SE VIC :,,rr,.... I.. �. 02 1M V ° This CertHfate of Mailing provides wklsncethat Mai has been presented toUSPS*for iielGi{. � :.' } 0004282036 JLIL26�0 3 and mamatwnalmail. ( MAILED FROM ZIPCODE 0 7092 From. Scott A.Dietterick,Esquire t ' m c/o Zucker,Goldberg&Ackerman,LLC G X.1.7 200 Sheffield Street,Suite 101 S C Mountainside,NJ 07092 XVP-154370 M C To' MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.,AS Postmark Here NOMINEE FOR NEW FREEDOM CORPORATION,ITS SUCCESSORS AND ASSIGNS 2363 South Foothill Drive Salt Lake City, UT 84109 County of P.Q.:CUMBERLAND PS Form 3817,April 2007 PSN 7530-02-000-9065 �JN1TEt?�=ST�l�'ES ' MIII POSTAL.SERVICES vie f .: . This GrtMkate d Mailing provides evidence that mall has been Presented to LISPS' maim.T ;47,7.7; ,-+� ®e,®PITNEY BOWLS and International mail. v .� 'c'>•_ : 01.20° From' Scott A. Dietterick, Esquire ci ,h., 0o0428zo36 JUL 26 2013 c/o Zucker,Goldberg&Ackerman, LLC .1 ', AILED FROM ZIPCODE 0 7092 !. 200 Sheffield Street,Suite 101 /(•P f Mountainside, NJ 07092 XVP-154 t , d AM C T07 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.,A Postmark Here NOMINEE FOR NEW FREEDOM CORPORATION,ITS SUCCESSORS AND ASSIGNS 3300 Southwest 34th Avenue,Suite 101 Ocala, FL 34474 County of P.Q.:CUMBERLAND PS Form 3817,April 2007 PSN 7530.02.000-9065 Page 3 of 8 Page 4 of 8 NOTICE TO LIENHOLDERS UNITED STATES.' t : ,.� A .ST/! rr .r; -. tI T. ,i, � P >LSERI IC -ST ° �; ''''',r .6.:::*:.i 1M V1 z©° "_lhIsfon JUL 26 2013 This Certificate of Moiling prwkeswMence that mail has been presented to USPS•for maluR.Thkforr 00020 4282036 ( and International mall. l,+!/ �+Ar:1`'--"''." MAILED FROM ZIP CODE 0 70 92 From' Scott A.Dietterick,Esquire dat r),. c/o Zucker,Goldberg&Ackerman, LLC 6i' �� '",`S.: 200 Sheffield Street,Suite 101 et Mountainside, NJ 07092 'pS XVP-154370 ; , ,„ To: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.,AS Postmark Here NOMINEE FOR NEW FREEDOM CORPORATION, ITS SUCCESSORS AND ASSIGNS 1901 E.Voorhees Street,Suite C r Danville, IL 61834 County of P.Q.:CUMBERLAND PS Form 3817,April 2007 PSN 7530-02-000-9065 aPOSTAL SERVICE®lTEDST4TES �bSTF.,;ell,:`{= s J 2_, 02 1M 01.2 ° ThkcertH+utsoEnnaYmcyrovide:evwanathatmagha:l»enpresentedto •rorm'4.. ►- •.j��y i 000 42 820 36 JUL 26 2013 end lMematbrolmad. lit :i�i�L:.__, LED FROM ZIP CODE 0 70 92 From: Scott A.Dietterick,Esquire le? c/o Zucker,Goldberg&Ackerman,LLC �'S ` 200 Sheffield Street,Suite 101 �� - ! Mountainside,NJ 07092 XVP-154370/sde TEAM C To: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.,AS Postmark Here NOMINEE FOR NEW FREEDOM CORPORATION P.O. Box 2026 Flint, MI 48501-2026 County of P.Q.:CUMBERLAND PS Form 3817,Apr112007 PSN 7530-02-000-9065 Page 4 of 8 . Page 5 of 8 NOTICE TO LIENHOLDERS i .LINITED.5T TEr5' co . PQSThLSER ICE 4,. A This CerUNvta of Mailing provides evidence that mall has been presented to USPS• .Th4 ', r ''• 0 2 1" /� 2V o• and intemetIonalmaA. •f74. �"'•' 0004282036 01.200 22Vu From: Scott A. Dietterick, Esquire 14, ;,4 MAILEDFROM JUL 26 2013 ZIP CODE 07092 c/o Zucker,Goldberg&Ackerman,LL �0- ts%b,. f 200 Sheffield Street,Suite 101 \ ... ,Z4/410 .re„ s: Mountainside, NJ 07092 Gsp� 4;4.1,.mow To: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Postmark here NOMINEE FOR NEW FREEDOM CORPORATION 1901 E.Voorhees Street,Suite C Danville, IL 61834 County of P.Q.:CUMBERLAND PS Form 3817,April 2007 PSN 7530-02-000-9065 UNITED ST,IaTES' �ytsrr=�:=,,1 {r : oc" POSTAL-SERVICE® 4%- Thts GnNiateofMal Angprovidesevidenoetlwtmaphesbsnpresarmd oVSPS•formaA��J ii�'4[ 1i -k•,.-.... 0004282036 and international mail. Ir-s';'++.t ti-r' ' JUL 26 20 13 AILED FROM Z(P CODE 0 70 92 F'°"" Scott A. Dietterick, Esquire G /�r>7 A6_ � c/o Zucker,Goldberg&Ackerman, LL AS itt4t‘,401ti;tp 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 XVP-154370/sde TEAM C • To' MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.,AS Postmark Here NOMINEE FOR NEW FREEDOM CORPORATION 3300 Southwest 34th Avenue,Suite 101 Ocala, FL 34474 County of P.Q.:CUMBERLAND PS Form 3817,April 2007 PSN 7530-02-000-9065 Page 5 of 8 Page 6 of 8 NOTICE TO LIENHOLDERS TF;t7=STTFS .1-1,,. 41°S 1 N . A- . PSTALSERWCEa .a 5FF 4.�;;: �•, isoyms TMs Certificate of Mailing provides evidence that mall has been presented to LISPS.for IAreg.Thl fo t�rti!•:...,fi 0 2 1M $..91.20°� andInternational maA. - .1_,Eri,`` 004282036 au vmm Scott A.Dietterick, Esquire ./0i. MartEp FROM z«000E 0x092 cr,c/o Zucker,Goldberg&Ackerman, LLC \ 4 200 Sheffield Street,Suite 101 lei . P 4447 Mountainside,NJ 07092 XVP-154370/s C To: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC.,AS Postmark Here NOMINEE FOR NEW FREEDOM CORPORATION 2363 South Foothill Drive Salt Lake City, UT 84109 County of P.Q.:CUMBERLAND PS Form 3817,April 2007 PSN 7530.02-000-9065 �S ytP ? UNITED STATES }. POSTAL SERVIICE� '� :;.7:: . -iR`' 0 2 1M 07 TMit:ertlAwteofMalAngprwklm evidence tlratmaA has Menpresented toUSPS for Alry•Tpl�/I -� •.� } r�.,,�•� 0004282036 and International mail C r '� fir'' v';: 36 J from: Scott A. Dietterick, Esquire 6 f2 '' ,e FROMZI'PCOOE 0 70 92 c/o Zucker,Goldberg&Ackerman,LLC ,� 200 Sheffield Street,Suite 101 S Mountainside, NJ 07092 XVP-154370/sde TEAM C To' CACH, LLC Postmark Here C/O David J.Apothaker Apothaker&Association 520 Fellowship Road,C306 Mount Laurel,NJ 0854 County of P.Q.:CUMBERLAND PS Form 3817,April 2007 PSN 7530-02-000-9065 Page 6 of 8 Page 7 of 8 NOTICE TO LIENHOLDERS I ice, �, � •��w i.� }} „fib /.��=SEf�K�C�� •: •.•,•�}+t .t �PrravEyrlowes ' p � Thk Certificate of Melling provides evidence that mail has been presented to USPS•for mailing. rpi`�•.yr • ,F: 2 1M , �Q Q and International mall. M .L;1 0004282036 J 028 2013 rr°'°' Scott A.Dietterick,Esquire �, MAILED PROM ZIPCODE 0 7092 c/o Zucker,Goldberg&Ackerman,LLC 200 Sheffield Street,Suite 101 ` D '� ' i'tr Mountainside,NJ 07092 G j Sp `'-15' , i► Y°' BENEFICIAL CONSUMER DISCOUNT COMPANY,DOING BU .SL Y°' Postmark Here AS BENEFICIAL MORTGAGE COMPANY OF PENNSYLVANIA 419 Village Drive,Suite 2, Carlisle, PA 17013 County of P.Q.:CUMBERLAND PS Form 3817,April 2007 PSN 7530-02-000-9065 UNITED-STATES` >• ; �: Q ''' 4,t 3-'t■∎ ∎'i.' a ,! POSTAL SERVICES t: . This Certificate of Malting pswidss evidence that mall has been presented to USPS'for aln`.Thl r j h''F'::i _`:;'�:�_e F $ 200 si and international mall. ,�_'•+RL +,l ,j e0004282035 JUL 26 2013 from: Scott A. Dietterick,Esquire DFROMZIPCODE 07092 c/o Zucker,Goldberg&Ackerman, LLC 200 Sheffield Street,Suite 101 s tic . 1 Mountainside, NJ 07092 XVP-154370/sde TEAM C T0' CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Postmark Here Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 County of P.Q.:CUMBERLAND PS Form 3817,April 2007 PSN 7530.02.000-9065 Page 7 of 8 Page 8 of 8 NOTICE TO LIENHOLDERS UNJ I EU5 T4TES I " .ti.' � .`+,••'�:#;— (sled .,aim• --. , POSTAL SERVICE4 :ar i,-r': : -.ma..Finery nowEs J1-44..e..,..0_...! .. 0 2 1M $ 01 20° t;rtF1 �ti r. - �; This CternwteofmalMnaP� •nc•tMtmall has been presented toUSPS•for malp .TIC n .;�;,: , �j' 0004282036 JUL 26 2013 and International mall. "i'•.PI. :: �k= MAILED FROM ZIPCODE 0 7092 `rm Scott A. Dietterick,Esquire ,./f/, 0 ��1 c/o Zucker,Goldberg&Ackerman,LLC ��, 5g 200 Sheffield Street,Suite 101 a , 13 Mountainside,NJ 07092 GS'pS xvv ■ ':i k::,. To: PA DEPT.OF REVENUE-INHERITANCE TAX DIVISION Postmark Here Dept.280601 Harrisburg, PA 17128-0601 County of P.Q.:CUMBERLAND PS Form 3817,April 2007 PSN 7530-02-000-9065 y UNITED STATES :►v' ` . ° a ra.. POSTAL SERVICE6 .4.A - .rr t� :=r ' 0 21M $c0001;27! ThlsctnHicateofManingps Id.seatnceth atmallhasbeenpresentedtoUSPS formalyry�/gy .;-4. •!,• 0004282036 JUL 2 • -�✓� tlr t�a:^i and International mall. :.,., MAILED FROM ZIP0 From` Scott A. Dietterick, Esquire 6'2O ` =°•,. c/o Zucker,Goldberg&Ackerman, LLC `4 200 Sheffield Street,Suite 101 BPS Mountainside, NJ 07092 XVP-154370/sde TEAM C To: UNKNOWN SPOUSE Postmark Here 5704 Penn Ave W-411 Pittsburgh, PA 15206 County of P.Q.:CUMBERLAND PS Form 3817,April 2007 PSN 7530-02-000-9065 Page 8 of 8 SHERIFF'S OFFICE OF CUMBERLAND COUNTY •Ronny R Anderson ^ ,'' `� r Sheriff f r �; ()F ior- Jody S Smith 4', f �- arc t Chief Deputy 14 Pm 2: Richard W Stewart r. up Solicitor = P � C9U'NN p y Wells Fargo Bank, N.A. Case Number vs. Ellis Keith Darby 2011-7646 SHERIFF'S RETURN OF SERVICE 04/25/2013 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: Ellis Keith Darby, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Alletheny County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 07/03/2013 11:32 AM - Deputy Ronald Hoover, 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 56 East Penn Street a/k/a 56 Penn Street East, Carlisle- Borough, Carlisle, PA 17013, Cumberland County. 08/06/2013 Spoke with Paula from the Allegheny County Sheriffs Office this date, defendant was not served with the Real Estate Writ for the 9/4/13 sale, service was never attempted, she asked that paperwork be resent so that the Sargent in charge of civil process could see that it gets served for a future continuance date, left message on voice mail of Renee Florez, paralegal to Atty Jaime Ackerman requesting further instructions. CAB. 08/13/2013 The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff of Allegheny County upon Ellis Keith Darby, personally, at 3700 University Drive, Pittsburgh, PA 15219. So Answers: William Mullen, Sheriff. 08/20/2013 As directed by Scott Dietterick, Attorney for the Plaintiff, Sheriff's Sale Continued to 12/4/2013 12/04/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on December 04, 2013 at 10:00 AM. He sold the same for the sum of$1.00 to Attorney Scott Dietterick, on behalf of Secretary of Veterans Affairs, An Officer of the United States of America, His Successors and Assigns, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $1,026.57 SO ANSWERS, January 03, 2014 RON�R ANDERSON, SHERIFF yf of d . ST L1pA! ���ur_4 -,�,er,t Te,>solt,Ir- /�/ /� 3 LXII 30 CUMBERLAND LAW JOURNAL 07/26/13 2011-7646 Civil Term WELLS FARGO BANK,N.A. vs. ELLIS KEITH DARBY Atty.: Scott Dietterick ALL THAT CERTAIN tract of land with improvements thereon erected situate in the Borough of Carlisle, Cumberland County, PA, bounded and described as follows: BOUNDED on the north by East Penn Street,on the east by land now or formerly of Rebecca S.N.Wert;on the south by an alley twelve(12)feet wide;and on the west by land now or formerly of Mrs.A.S. Otto. CONTAINING 17 feet in front on East Penn Street and extending at an even width 119 feet in depth to the alley on the south. HAVING THEREON ERECTED a dwelling house being known and numbered as 56 East Penn Street nkja 56 Penn Street East, Carlise, PA, 17013. BEING THE SAME PREMISES which Thomas B. Griffie, by deed dated February 28,1997 and re- corded March 3,1997 in and for Cumberland County, Pennsylvania, in Deed Book Volume 153,Page 996, granted and conveyed unto Ellis K. Darby,a single man. Tax Map No.: 02-20-1800-330. 41 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 26, August 2 and August 9, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 9 da of Alp-List 2013 Notary ��•����.�NOTARf,tl.SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 78,2014 The Patriot-News Co.- ., • 1900 Patriot Drive e atriotaXews Mechanicsburg, PA 17050 Inquiries - 717.255-8213 Now you know CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 1900 Patriot Drive, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s)shown below: 07/28/13 ELLS FARGO BANK, I( 08/04/13 vs. ELLIS KEITH DARBY 08/11/13 Atty; Scott Dietterlck (I,&\-- --- L IMPROVE TRACT OF LAND WITH ERECTED SITUATE IN THEREON OF THE BOROUGH OF AL Bot U BE Sworn(o and subscribed be ore me is 23 day of August, 2013 A.D. DESCRIBED AS FOLLOWS: (LOCULLre—S- BOUNDED ON THE NORTH BY EAST ' PENN STREET ON THE EAST BY LAND 9 i NOW OR FORMERLY OF REBECCA f `o a Public ' S.N. WERT; ON THE SOUTH BY AN f ALLEY TWELVE (12) FEET WIDE; ' AND ON THE WEST BY LAND NOW OR FORMERLY OF MRS.A.S. OTTO. CONTAINING 17 FEET IN FRONT ON EAST PENN STREET AND EXTENDING r CO MOf1WEALThy 2E PENNSYLV ANNA AT AN EVEN WIDTH 119 FEET IN (^ Notarat Seaf Dauphin County DEPTH TO THE ALLEY ON THE I Holly Lynn Warfel,Notary Public SOUTH. L Washington Two,, HAVING THEREON ERECTED A My Commission Expires Dec.12,2016 DWELLING. HOUSE BEING KNOWN :�tE"`�+ R,i✓ENNcvLvANIA ASSOCIATION OF NOTARIES AND NUMBERED AS 56 EAST PENN COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Secretary of Veterans Affairs is the grantee the same having been sold to said grantee on the 4th day of December A.D., 2013, under and by virtue of a writ Execution issued on the 3rd day of April, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 7646, at the suit of Wells Fargo Bank, N A against Ellis K. Darby is duly recorded as Instrument Number 201403349. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this / t day of Feb. , A.D. a 0(y ) i 0 w,-ed '1 , '/) Recorder y Deeds Recorder of Deeds,Cumberland County,Carlisle,PA My Commission Expires the First Monday of Jan.2018