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HomeMy WebLinkAbout11-8451KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 WELLS FARGO BANK, N.A., successor to Wachovia Bank, National Association Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. WEST & BARNES, LLC Defendant NOTICE CIVIL ACTION - LAW NO. &I'l MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NOT FEE. CUMBERLAND COUNTY BAR ASSOCIATION r € .' 32 S. Bedford Court 9 Carlisle, PA 17013 1~. a= Phone: 717-249-3166 -, - or Phone: 1-800-990-9108 == KEEFER, WOOD, ALLEN & RAHAL, LLP -~ By: - Eugene epinsky, Jr. Attorney I. D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 CIO copi (M? e.k??? S a P- w 0q (¢1 og"8 KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 WELLS FARGO BANK, N.A., successor to Wachovia Bank, National Association IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. WEST & BARNES, LLC Defendant CIVIL ACTION - LAW NO. MORTGAGE FORECLOSURE AVISO LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de 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 radicando en la Corte por escrito sus defensas de, y objecciones a, las 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 dinera reclamada en la demanda o cualquier otra reclamacion o remedio solicitado pro 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. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Court Carlisle, PA 17013 Phone: 717-249-3166 or Phone: 1-800-990-9108 KEEFER, WOOD, ALLEN & RAHAL, LLP By: Eug . Pepinsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 WELLS FARGO BANK, N.A., successor to Wachovia Bank, National Association Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. WEST & BARNES, LLC Defendant COMPLAINT CIVIL ACTION - LAW NO. MORTGAGE FORECLOSURE 1. Plaintiff is Wells Fargo Bank, N.A., successor to Wachovia Bank, National Association, whose address is P.O. Box 1102, 600 Penn Street, Reading, Pennsylvania 19603. 2. Defendant is West & Barnes, LLC, a Pennsylvania limited liability company, whose address is 1462 Trindle Road, Carlisle, Pennsylvania 17013. 3. Defendant is the owner of a tract(s) or parcel(s) of improved real estate located at 1462 Trindle Road, Carlisle, Pennsylvania 17013 (collectively, the "Premises"). 4. On or about April 5, 2007, Defendant, for good and valuable consideration, executed and delivered a Promissory Note (the "Note") to Plaintiff. 5. On or about April 5, 2007, Defendant executed an Open-End Mortgage and Assignment of Rents in favor of Plaintiff (the "Mortgage"), which Mortgage was duly recorded in the Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania, in Record Book 1988, page 0050. A true and correct copy of the Mortgage is attached hereto, made a part hereof and marked Exhibit A. 6. The failure of the Defendant, among other things, to pay when due and payable the payments under the Note constitutes a "default" as defined under the terms of the Mortgage. 7. The Defendant has failed and refused, among other things, to make payments due and payable under the Note. 8. The terms of the Mortgage provide that upon the occurrence of a default by the Defendant, the Plaintiff may accelerate and demand immediate payment of all sums due under the Mortgage. KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 9. The sum presently due and payable to Plaintiff by Defendant which is secured by the Mortgage is computed as follows: a. Unpaid Principal $ 274,903.39 b. Accrued Interest through 11/07/11 $ 21,686.19 C. Late Charges through 11/07/11 $ 1,330.14 d. Attorney's Fees $ 24,000.00 TOTAL $ 321,919.72 10. Notice of the availability of mortgage assistance under the Homeowners Emergency Mortgage Disclosure Act of 1993 ("Act 91 ") was not required. 11. Notice of Intention to Foreclose pursuant to Section 403 of Act 6 was not required. WHEREFORE, Plaintiff demands judgment in the sum of $321,919.72, together with interest as may accrue from and after November 7, 2011, and costs of suit, and for foreclosure of the Mortgage and judicial sale of the Premises. KEEFER, WOOD, ALLEN & RAHAL, LLP Date: November 7, 2011 By: Eugene sky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 VERIFICATION The undersigned, Samir P. Ashmar, hereby verifies and states that: He is Vice President of Wells Fargo, successor to Wachovia Bank, Plaintiff herein; 2. He is authorized to make this Verification on its behalf; 3. The facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief; and 4. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. 1 4904, relating to unswom falsification to authorities. Samir P. Ashmar Dated: November 7, 2011 A?Z? ) 9 Parcel iD 40-08-0575-008 Z;EGLER OF pr -;^CE(? E 2462 RPR 9 BPI 1135 PREPARED BY: William Ferris RETURN TO: Wachovia Bank, National Association Commercial Loan Services Collateral Servicing Department NC6038 P.O. Box 2705 Winston-Salem, NC 27199-8182 I by certify that the a ss of the Bank (Mortgagee) stated below is correct. Ha Derrick, Vice President OPEN-END MORTGAGE AND ASSIGNMENT OF RENTS This MORTGAGE AND ASSIGNMENT OF RENTS (hereafter referred to as "Mortgage") made April 5, 2007, by and between Wachovia Bank, National Association, a national banking association, whose address is Philadelphia, Pennsylvania 19109 ("Bank"), and West & Barnes, LLC, whose address is 1462 Trindle Road, Carlisle, Pennsylvania 17013 ("Mortgagor"). Bank is the mortgagee hereunder for indexing purposes by the dark of court. WITNESSETH: To secure payment and performance of obligations under a Promissory Note (the "Note") dated April 5. 2007, in the amount of $300.000.00, made by Mortgagor payable to Bank, this Mortgage), any present or future Letters of Credit Issued by Bank for the account of Mortgagor, other loan documents as defined in the Note (the "Loan Documents"), and swap agreements (as defined in 11 U.S.C. § 101, as in effect from time to time), all other indebtedness of Mortgagor to Bank whenever borrowed or incurred, whether or not reasonably contemplated by the parties hereto as of the date hereof, and any renewals, extensions, novations, or modifications of the foregoing (collectively the "Obligations"), and in consideration of these premises and for other consideration, Mortgagor does mortgage, grant and convey unto Bank (for Itself and its affiliates), its successors and assigns all of Mortgagors right, title and interest now owned or hereafter acquired in and to each of the following (collectively, the "Properly"): (1) all those certain tracts of land in the Township of South Middletown, County of Cumberland, Commonwsslth of Pennsylvania described in EXHIBIT A attached hereto and made part hereof (the "Land"); (ii) all buildings and improvements now or hereafter erected on the Land; (Iii) all fixtures attached to the Land or any buildings or improvements situated thereon; and (iv) all estates, rights, tenements, hereditaments, "U24(%v21.0) WPS11350750414001 CDDOTMXXXX ? ?,.x DOTM BK-1°988PGO050 ¦ privileges, rents, issues, profits easements, and appurtenances of any kind benefiting the Land; all means of access to and from the Land, whether public or private; and all water and mineral rights. in the event that Mortgagor is the owner of a leasehold estate with respect to any portion of the Property and Mortgagor obtains a fee estate in such portions of the Property, then, such fee estate shall automatically, and without further action of any kind on the part of the Mortgagor, be and become subject to the security title and lien of this Agreement. TO HAVE AND TO HOLD the Property and all the estate, right, title and interest, in law and in equity, of Mortgagors in and to the Property unto Bank, its successors and assigns, forever. Mortgagor WARRANTS AND REPRESENTS that Mortgagor is lawfully seized of the Property, in fee simple, absolute, that Mortgagor has the legal right to convey and encumber the same, and that the Property is free and dear of all liens and encumbrances. Mortgagor further warrants and will forever defend all and singular the Property and title thereto to Bank and Bank's successors and assigns, against the lawful claims of all persons whomsoever. PROVIDED ALWAYS that if (1) all the Obligations (including without limitation, all termination payments and any other amounts due under or in connection with any swap agreements (as defined in 11 U.S.C. § 101, as in effect from time to time) secured hereunder) are paid in full, (ii) each and every representation, warranty, agreement, covenant and condition of this Mortgage, and the other Loan Documents, are compiled with and abided by, and (iii) any and all swap agreements (as defined in 11 U.S.C. § 101, as in effect from time to time) secured hereunder have matured or been terminated, then this Mortgage and the estate hereby created shall cease and be null, void, and canceled of record. follows: To protect the security of this Mortgage, Mortgagor further represents and agrees with Bank as Payment of Obligations. That the Obligations shall be timely paid and performed. Future Advances. This Mortgage is given to secure not only existing Obligations, but also future advances, including obligations under swap agreements (as defined in 11 U.S.C. § 101, as in effect from time to time) to the same extent as if such future advances and obligations under swap agreements (as defined in 11 U.S.C. § 101, as in effect from time to time) are made on the date of the execution of this Mortgage. The principal amount (Including any swap agreements (as defined in 11 U.S.C. § 101, as in effect from time to time) and future advances) that may be so secured may decrease or increase from time to time, but the total amount so secured at any one time shall not exceed $600,000.00, plus all interest, costs, reimbursements, fees and expenses due under this Mortgage and secured hereby. Mortgagor shall not execute any document that impairs or otherwise impacts the priority of any existing or future Obligations secured by this Mortgage. Nothing herein obligates Bank to provide credit in excess of the Obligations. Leases, Subleases and Easements. Mortgagor shall maintain, enforce and cause to be performed all of the terms and conditions under any lease, sublease or easement which may constitute a portion of the Property. Mortgagor shall not, without the consent of Bank (which consent shall not be unreasonably withheld or delayed), enter into any new lease of all or any portion of the Property, agree to the cancellation or surrender under any lease of all or any portion of the Property. agree to prepayment of rents, issues or profits (other than rent paid at the signing of a lease or sublease), modify any such lease so as to shorten the term, decrease the rent, accelerate the payment of rent, or change the terms of any renewal option; and any such purported new lease, cancellation, surrender, prepayment or modification made without the consent of Bank shall be void as against Bank. Required Insurance. Mortgagor shall maintain with respect to the Property: (1) during construction of any improvements on the Property, "all-risk" builders risk insurance which must include windstorm, hail damage, fire and vandalism (non-reporting Completed Value with Special Cause of Loss 545724(Rev 21.0) Page 2 a nrm.ax ON1988PG0051 form), in an amount not less than the completed replacement value of the Improvements under construction, naming Bank as mortgagee and loss payee; (ii) upon completion of construction, upon occupancy of any improvements, and at all other times, insurance against loss or damage by fire and other casualties and hazards by insurance written on an "all risks" basis, including malicious mischief coverage, in an amount not less than the replacement cost thereof, including coverage for loss of rents or business interruption if applicable, naming Bank as loss payee and mortgagee; (iii) if the Property is required to be insured pursuant to the National Flood Reform Act of 1994, and the regulations promulgated thereunder, flood insurance is required in the amount equal to the lesser of the loan amount or maximum available under the National Flood Insurance Program, but in no event should the amount of coverage be less than the value of the improved structure, naming Bank as mortgagee and loss payee. If, after closing, the Property (or any part thereof) is remapped and If the vertical improvements are determined to be located In a special flood hazard area, Mortgagor must obtain and maintain a flood insurance policy. If, within forty-five (45) days of receipt of notification from Bank that the Property has been reclassified by FEMA as being located in a special flood hazard area. Mortgagor has not provided sufic lent evidence of flood insurance, Bank is mandated under federal law to purchase flood insurance on behalf of Mortgagor, and Bank will add the associated costs to the principal balance of the Note. If the land or any portion thereof is located in a special flood hazard area, this Agreement may be terminated by Bank at Its sole option; (iv) as applicable, insurance which complies with the workers' compensation and employers' liability laws of all states in which Mortgagor shall be required to maintain such insurance; and (v) liability insurance providing coverage in such amount as Bank may require but in no event less than $1,000!000.00 combined single limit, naming Bank as an additional insured; and (vi) such other insurance as Bank may require from time to time. All property insurance policies shall contain an endorsement or agreement by the insurer in form satisfactory to Bank that any loss she# be payable in accordance with the terms of such policy notwithstanding any act or negligence of Mortgagor and the further agreement (within moth the property and liability policies) of the insurer waiving rights of subrogation against Bank, and rights of set-off, counterclaim or deductions against Mortgagor. All insurance policies shall be In form, provide coverages, be issued by companies and be in amounts satisfactory to Bank. At least 30 days prior to the expiration of each such policy, Mortgagor shall furnish Bank with evidence satisfactory to Bank that such policy has been renewed or replaced or is no longer required hereunder. Ali such policies shall provide that the policy will not be canceled or materially amended without at least 30 days prior written notice to Bank. In the event Mortgagor fails to provide, maintain, keep in force, and fumish to Bank the policies of insurance required by this paragraph, Bank may procure such insurance or single-interest insurance in such amounts, at such premium, for such risks and by such means as Bank chooses, at Mortgagor's expense; provided however, Bank shall have no responsibility to obtain any insurance, but If Bank does obtain insurance, Bank shall have no responsibility to assure that the insurance obtained shall be adequate or provide any protection to Mortgagor. Insurance Proceeds. After occurrence of any loss to any of the Property, Mortgagor shall give prompt written notice thereof to Bank. In the event of such loss all insurance proceeds, including unearned premiums, shall be payable to Bank, and Mortgagor hereby authorizes and directs any affected insurance company to make payment of such proceeds directly to Bank and not to Bank and Mortgagor jointly. Bank is hereby aufrized by Mortgagor to make proof of loss if not promptly made by Mortgagor, settle. adjust or compromise any claims for loss or damage under any policy or policies of insurance and Mortgagor appoints Bank as its attorney-in-fact to receive and endorse any Insurance proceeds to Bank, which appointment is coupled with an interest and shall be irrevocable as long as any Obligations remain unsatisfied. Mortgagor shall pay the costs of collection, including attorneys' fees, of insurance proceeds payable on account of such damage or destn.wtion. Mortgagor shall have no claim against the insurance proceeds, or be entitled to any portion thereof, and all rights to the insurance proceeds are hereby assigned to Bank as security for payment of the Obligations. wares (Rw 27.0) Page 3 m rtrln.doc BK-I9-8 A00 52 In the event of any damage to or destruction of the Property, Bank shall have the option of applying or paying all or part of the insurance proceeds to (I) the Obligations in such order as Bank may determine, (ii) restoration, replacement or repair of the Property in accordance with Bank's standard construction loan disbursement conditions and requirements, or (iii) Mortgagor. Nothing herein shall be deemed to excuse Mortgagor from restoring, repairing and maintaining the Property as required herein. Impositions; Escrow Deposit. Mortgagor will pay all taxes, levies, assessments and other fees and charges Imposed upon or which may become a lien upon the Properly under any law or ordinance (ail of the foregoing collectively "Impositions') before they become delinquent and in any event in the same calendar year In which they first become due. Upon request of Bank, Mortgagor shall add to each periodic payment required under the Note the amount estimated by Bank to be sufficient to enable Bank to pay, as they come due, all Impositions and insurance premiums which Mortgagor is required to pay hereunder. Payments requested under this provision shall be supplemented or adjusted as required by Bank from time to time. Such funds may be commingled with the general funds of Bank and shall not earn interest. Upon the occurrence of a Default, Bank may apply such funds to pay any of the Obligations. Use of Property. Mortgagor shall use and operate, and require its lessees or licensees to use and operate, the Property in compliance with all applicable laws (including, for example, the Americans with Disabilities Act and the Fair Housing Act) and ordinances, covenants, and restrictions, and with all applicable requirements of any lease or sublease now or hereafter affecting the Property. Mortgagor shall not permit any unlawful use of the Property or any use that may give rise to a claim of forfeiture of any of the Property. Mortgagor shall not allow changes in the stated use of Property from that disclosed to Bank at the time of execution hereof. Mortgagor shall not initiate or acquiesce to a zoning change of the Property without prior notice to, and written consent of, Bank. Maintenance, Repairs and Alterations. Mortgagor shall keep and maintain the Property in good condition and repair and fully protected from the elements to the satisfaction of Bank. Mortgagor will not remove, demolish or structurally alter any of the buildings or other improvements on the Properly (except such alterations as may be required by laws, ordinances or regulations) without the prior written consent of Bank. Mortgagor shall promptly notify Bank in writing of any material loss, damage or adverse condition affecting the Property. Eminent Domain. Should the Property or any interest therein be taken or damaged by reason of any public use or improvement or condemnation proceeding ("Condemnation"), or should Mortgagor receive any notice or other information regarding such Condemnation. Mortgagor shall give prompt written notice thereof to Bank. Bank shall be entitled to all compensation, awards and other payments or relief granted in connection with such Condemnation and, at its option, may comrnenoe, appear in and prosecute in its own name any action or proceedings relating thereto. Bank shall be entitled to make any compromise or settlement in connection with such taking or damage. All compensation, awards, and damages awarded to Mortgagor related to any Condemnation (the "Prooseds") are hereby assigned to Bank and Mortgagor agrees to execute such further assignments of the Proceeds as Bank may require. Bank shall have the option of applying or paying the Proceeds in the same manner as insurance proceeds as provided herein. Mortgagor appoints Bank as its attomey-in4act to receive and endorse the Proceeds to Bank, which appointment is coupled with an interest and shall be irrevocable as long as any Obligations remain unsatisfied. Environmental Condition of Property and Indemnity. Mortgagor warrants and represents to Bank, except as reported by Mortgagor to Bank in writing, that: (1) Mortgagor has inspected and is familiar with the environmental condition of the Property; (ii) the Property and Mortgagor, and any occupants of the Property, are in compliance with and shall continue to be in compliance with all applicable federal, state and local laws and regulations intended to protect the environment and public health and safety as the same may be amended from time to time ("Environmental Laws"); (iii) the Property is not and has never been used to generate, handle, treat, store or dispose of, in any quantity, oil, petroleum products, hazardous or toxic substances, hazardous waste, regulated substances or hazardous air pollutants ("Hazardous Materials") in violation of any Environmental Laws; (iv) no 546724 (m 21.0) Pape 4 ,ni_mNn.ax B K I 988PG0©°53 Hazardous Materials (including asbestos, mold or lead paint in any form) are located on or under the property or emanate from the Property; (v) there are no unregistered underground storage tanks on the property that are subject to any underground storage tank registration laws or regulations; (vi) no notice has been received with regard to any Hazardous Material on the Property; (vii) no action, investigation or proceeding is pending or to Mortgagor's knowledge threatened which seeks to enforce any right or remedy against Mortgagor or the Property under any Environmental Law; and (viii) all licenses, permits and other governmental or regulatory actions necessary for the Property to comply with Environmental Laws shall be obtained and maintained and Mortgagor shall assure compliance therewith. Further, Mortgagor represents to Bank that no portion of the Property is a protected wetland. Mortgagor agrees to notify Bank immediately upon moeipt of any citations, warnings, orders, notices, consent agreements, process or claims alleging or relating to violations of any Environmental Laws or to the environmental condition of the Property and shall conduct and complete all investigations and all cleanup actions necessary to comply with the Environmental Laws and to remove, in accordance with Environmental Laws, any Hazardous Material from the Property. Mortgagor shall indemnify, hold harmless, and defend Bank from and against any and all damages, penalties, fines, claims, suits. IiabtNtles, costs, judgments and expenses, including attorneys', consultants' or experts' fees of every kind and nature incurred, suffered by or assented against Bank as a direct or indirect result of. (1) representations made by Mortgagor in this Section being or becoming untrue in arty material respect; (li) Mortgagor's violation of or failure to meet the requirements of any Environmental Laws; or (iii) Hazardous Materials which, while the Property is subject to this Mortgage, exist on the Property. Bank shall have the right to arrange for or conduct environmental inspections of the Property from time to time (including the taking of sal, water, air or material samples). The cost of such inspections made after Default (as hereinafter defined) or which are required by laws or regulations applicable to Bank shall be bome by Mortgagor. However, Mortgagor's indemnity shall not apply to any negligent or intentional act of Hank which takes place after foreclosure or satisfaction of this Mortgage. These indemnification obligations are in addition to General Indemnification provisions set forth hereafter. Mortgagor's Obligations under this section shall continue, survive and remain in full force and effect notwithstanding the repayment of the Obligations, a foreclosure of or exercise of power of sale under this instrument, a delivery of a deed in lieu of foreclosure, a cancellation or termination of record of this instrument and the transfer of the Property. Appraisals. Mortgagor agrees that Bank may obtain an appraisal of the Property when required by the regulations of the Federal Reserve Board or the Office of the Comptroller of the Currency, or any other regulatory agency or at such other times as Bank may reasonably require. Such appraisals shall be performed by an independent third party appraiser selected by Bank. The cost of such appraisals shall be borne by Mortgagor. If requested by Bank, Mortgagor shall execute an engagement letter addressed to the appraiser selected by Bank. Mortgagor's failure or refusal to sign such an engagement letter, however, shall not impair Bank's right to obtain such an appraisal. Mortgagor agrees to pay the cost of such appraisal within 10 days after receiving an invoice for such appraisal. Inspections. Bank, or its representatives or agents, are authorized to enter at any reasonable time upon any part of the Property for the purpose of inspecting the Property and for the purpose of performing any of the acts it Is authorized to perform under the terms of this Mortgage. Liens and Subrogation. Mortgagor shall pay and promptly discharge all liens, claims and encumbrances upon the Properly. Mortgagor shall have the right to contest in good faith the validity of any such lien, daim or encumbrance, provided: (1) such contest suspends the collection thereof or there is no danger of the Property being sold or forfelted while such contest is pending; (ii) Mortgagor first deposits with Bank a bond or other security satisfactory to Bank M such amounts as Bank shall reasonably require; and (iii) Mortgagor thereafter diligently proceeds to cause such lien, claim or encumbrance to be removed and discharged. 616724 (Rev 21.0) Paw 5 m milnAQC B K I 988PGO.D54 Bank shall be subrogated to any liens, claims and encumbrances against Mortgagor or the Property that are paid or discharged through payment by Bank or with loan proceeds, notwithstanding the record cancellation or satisfaction thereof. Walvor of Mortgagor's Rights. To the fullest extent permitted by law, Mortgagor waives the benefit of all laws now existing or that hereafter may be enacted providing for (1) any appraisement before safe of any portion of the Property, (11) in any way extending the time for the enforcement of the collection of the Note or the debt evidenced thereby or any of the other Obligations, and any rights to hearing prior to the exercise by Bank of any right, power, or remedy herein provided to Bank. To the full extent Mortgagor may do so, Mortgagor agrees that Mortgagor will not at any time insist upon, plead, claim or seek to take the benefit or advantage of any law now or hereafter in force providing for any exemption (including homestead exemption), appraisement, valuation. stay, extension or redemption, and Mortgagor for themselves and their respective heirs, devisees, representatives, successors and assigns, and for any and all persons claiming any interest in the Properly, to the extent permitted by law, hereby waive and release all rights of valuation, appraisement, redemption, stay of execution, the benefit of all exemption laws, notice of election to mature or declare due the whole of the secured indebtedness and marshalling in the event of foreclosure of the liens hereby created. Mortgagor further waives any and all notices including, without limitation, notice of intention to accelerate and of acceleration of the Obligations. Payr oats by Bank. In the event of Default (as hereinafter defined) in the timely payment or performance of any of the Obligations, Bank, at its option and without any duty on its part to determine the validity or necessity thereof, may fay the sums for which Mortgagor is obligated. Further, Bank may pay such sums as Bank deems appropriate for the protection and maintenance of the Property including, without limitation, sums to pay Impositions and other levies, assessments or liens, maintain insurance, make repairs, segue the Property, maintain utility service, intervene in any condemnation and pay attorneys' fees and other fees and costs to enforce this Mortgage or protect the lien hereof (including foreclosure) or collect the Obligations, without limitation, including those incurred In any proceeding including bankruptcy or arbitration. Any amounts so paid shall bear interest at the default rate stated In the Note and shall be secured by this Mortgage. Indomnl8cation. Mortgagor shall protect, indemnify and save harmless Bank from and against all losses, liabilities, obligations, claims, damages, penalties, fines, causes of action, costs and expenses (including, without limitation. reasonable attorneys' fees and expenses) (collectively, `Damages") Imposed upon, incurred by or asserted or assessed against Bank on account of or in connection with (f) the Loan Documents or any failure or alleged failure of Mortgagor to comply with any of the terms of, or the inaccuracy or breach of any representation in, the Loan Documents; (ii) the Collateral or any claim of loss or damage to the Property or any injury or claim of injury to, or death of, any person or property that may be occasioned by any cause whatsoever pertaining to the Property or the use, occupancy or operation thereof, (111) any failure or alleged failure of Mortgagor to comply with any law, rule or regulation applicable to it or to the Property or the use, occupancy or operation of the Property (including, without limitation, the failure to pay any taxes, fees or other charges), (iv) arty Damages whatsoever by reason of any alleged action, obligation or undertaking of Bank relating in any way to or any matter contemplated by the Loan Documents, (v) any claim for brokerage fees or such other commissions relating to the Property or any other Obligations, or (vi) any and all liability arising from any leases related to the Property. Nothing contained herein shall require Mortgagor to Indemnify Bank for any Damages resulting from Bank's gross negligence or its willful and wrongful acts, and such indemnity shall be effective only to the extent of any Damages that may be sustained by Bank in excess of any net proceeds received by it from any insurance of Mortgagor (other than self-insurance) with respect to such Damages. The Indemnity provided for herein shall survive payment of the Obligations and shall extend to the officers, directors, employees and duly authorized agents of Bank. In the event the Bank incurs any Damages arising out of or in any way relating to the transaction contemplated by the Loan Documents (including any of the matters referred to in this section), the amounts of such Damages shall be added to the Obligations, shall bear interest, to the extent permitted by law, at the interest rate borne by the Obligations from the date incurred until paid and shall be payable on demand. 516724 (Rev 21.0) P"s 6 mi_mein.dac BK .t 9'8 8 PG 0:n-c, Assignment of Rents. Mortgagor hereby absolutely assigns and transfers to Bank all the leases, rents, issues and profits of the Property (collectively "Rents-). Although this assignment is effective immediately, so long as no Default exists, Bank gives to and confers upon Mortgagor the privilege under a revocable license to collect as they become due, but not prior to accrual, the Rents and to demand, receive and enforce payment, give receipts, releases and satisfactions, and sue in the name of Mortgagor for all such Rents. Mortgagor represents there has been no prior assignment of leases or Rents, and agrees not to further assign such leases or Rents. Upon any occurrence of Default, the license granted to Mortgagor herein shall be automatically revoked without further notice to or demand upon Mortgagor, and Bank shall have the right, in its discretion, without notice, by agent or by a receiver appointed by a courtt and without regard to the adequacy of any security uri for the Obligations, and take possession of the y ty (i) enter Property. (H) notify tenants, subtenants and any property manager to pay Rents to Bank or its designee, and upon receipt of such notice such persons are authorized and directed to make payment as specified in the notice and disregard any cartrary direction or instruction by Mortgagor, and (iii) in its own name, sue for or otherwise collect Rents, including those past due, and apply Rents, less costs and expenses of operation and collection, including attorneys' fees, to the Obligations in such order and manner as Bank may determine or as otherwise provided for herein. Bank's exercise of any one or more of the foregoing rights shall not cure or waive any Default or notice of Default hereunder. Due on Sale or Further Encumbrance or Transfer of an Interest in MortgaW. Without the prior written consent of Bank in each instance, Mortgagor shall not (d) sell, convey, transfer or encumber the Property, or any part thereof or interest therein, whether legal or equitable, pt) cause or pony* any transfer of the Property or any part thereof, whether voluntarily, Involuntarily or by operation of law, or (iii) enter into any agreement or transaction to transfer, or accomplish in form or substance a transfer, of the Property. A "transfer" of the Property includes: (a) the direct or indirect sale, transfer or conveyance of the Property or any portion thereof or interest therein; (b) the execution of an installment sale contract or similar instrument affecting all or any portion of the Property; (c) if Mortgagor or any general partner or member of Mortgagor. Is a corporation, partnership, limited liability company, trust or other business entity, the transfer, pledge, assignment or encumbrance (whether in one transaction or a series of transactions) of any stock, partnership. limited liability company or other ownership ingests in such corporation, partnership, limited liability company or entity including, without limitation, changes in stockholders, partners, members, managers, trustees. beneficiaries, or their respective interests; whether directly or indirectly; (d) if Mortgagor, or any general partner or member of Mortgagor, is a corporation, the creation or issuance of new stock by which an aggregate of more than 10% of such corporation's stock shall be vested in a party or parties who are not now stockholders; and (e) an agreement by Mortgagor leasing all or a substantial part of the Property for other than actual occupancy by a space tenant thereunder or a sale, assignment or other transfer of or the grant of a security interest in and to any Leases. Bank's consent to any conveyance or encumbrance may be conditioned upon an increase in the interest rate specified in the Note (or other Obligations), an extension or curtailment of the maturity of the Obligations, or other modification of the Note or this instrument. Remedies of Bank on Default. Failure of Mortgagor or any other timely pay or person liable to tim perform any of the Obligations is a default ("Default*) under this Mortgage. Upon the occurrence of Default the following remedies are available, without limitation, to Bards. (1) Bank may exercise any or all of Bank's remedies under this Mortgage or other Loan Documents including, without limitation, acceleration of the maturity of all payments and Obligations, other than Obligations under any swap agreements (as defined in 11 U.S.C. § 101, as in effect from time to time) with Bank or any of Its affiliates, which shall be due in accordance with and governed by the provisions of said swap agreements (as defined in 11 U.S.C. § 101, as in effort from time to time); (11) Bank may take immediate possession of the Property or any part thereof (which Mortgagor agrees to surrender to Bank) and manage, control or lease the some to such persons and at such rental as It may deem proper and collect and apply Rents to the payment of (a) the Obligations, together with all costs and attorneys' fees; (b) all Impositions and any other levies, assessments or liens which may be prior in lien or payment to the Obligations, and premiums 616724 (Rw 21.o) Page 7 m nwn.Ox 6XI988RGO056 for insurance, with interest on all such items; and (c) the cost of all alterations, repairs, replacements and expenses incident to taking and retaining possession of the Property and the management and operation thereof, all in such order or priority as Bank in its sole discretion may determine. The taking of possession shall not prevent concurrent or later proceedings for the foreclosure sale of the Property, (iii) Bank may apply to any court of competent jurisdiction for the appointment of a receiver for all purposes including. without limitation, to manage and operate the Property or any part thereof. and to apply the Rents therefrom as hereinabove provided. In the event of such application, Mortgagor consents to the appointment of a receiver, and agrees that a receiver may be appointed without notice to Mortgagor, without regard to whether Mortgagor has comrnftted waste or permitted deterioration of the Property, without regard to the adequacy of any security for the Obligations, and without regard to the solvency of Mortgagor or any other person, firm or corporation who or which may be liable for the payment of the Obligations, (iv) Bank may exercise all the remedies of a mortgagee as provided by law and in equity including, without limitation, foreclosure upon this Mortgage and sale of the Property, or any part of the Property, at public sale conducted according to applicable law (referred to as "Sale") and conduct additional Sales as may be required until all of the Property is sold or the Obligations are satisfied; (v) With respect to any portion of the Property governed by the UCC, Bank shalt have all of the rights and remedies of a secured party thereunder. Bank may elect to foreclose upon any Property that is fixtures under law applicable to foreclosure of interests in real estate or law applicable to personal property, (vi) Bank may bid at Sale and may accept, as successful bidder, credit of the bid amount against the Obligations as payment of any portion of the purchase price; and (vii) Bank shall apply the proceeds of Sale, first to any fees or attorney fees permitted Bank by law in connection with Sale, second to expenses of foreclosure, publication, and sale permitted Bank by law in connection with Sate, third to the Obligations, and any remaining proceeds as required by law. Ntscgpaneous Provisions. Mortgagor agrees to the following: (I) All remedies available to Bank with respect to this Mortgage or available at law or in equity shall be cumulative and may be pursued concurrently or successively. No delay by Bank in exercising any remedy shall operate as a waiver of that remedy or of any Default. Any payment by Bank or acceptance by Bank of any partial payment shall not constitute a waiver by Bank of any Default; (ii) Mortgagor represents that Mortgagor (a) is (1) an adult individual and is sui torts. or (2) a corporation, general partnership, limited partnership, limited liability company or other legal entity, duly organized, validly existing and in good standing under the laws of its state of organization, and is authorized to do business in each other jurisdiction wherein its ownership of property or conduct of business legally requires such organization (b) has the power and authority to own its properties and assets and to carry on its business as now being conducted and as now contemplated; and (c) has the power and authority to execute, deliver and perform, and by all necessary action has authorized the execution, delivery and performance of, all of its obligations under this Mortgage and any other Loan Document to which it is a party. (ill) The provisions hereof shall be baiting upon and inure to the benefit of Mortgagor, its heirs, personal representatives, successors and assigns including, without limitation, subsequent owners of the Property or any part thereof, and shall be binding upon and Inure to the benefit of Bank, its successors and assigns and any future holder of the Note or other Obligations; (iv) Any notices, demands or requests shall be sufficiently given Mortgagor if in writing and mailed or delivered to the address of Mortgagor shown above or to another address as provided herein and to Bank if in writing and mailed or delivered to Wachovia Bank, National Association, Mail Code VA7828, P. O. Box 13327, Roanoke, VA 24040 or Wachovia Bank, National Association, Mail Code VA7828, 10 South Jefferson Street, Roanoke, VA 24011, or such other address as Bank may specify from time to time and in the event that Mortgagor changes Mortgagor's address at any time prior to the date the Obligations are paid in full, that party shall promptly give written notice of such change of address by registered or certified mail, return receipt requested, all charges prepaid. Notices to Bank must include the mail code. (v) All payments shall be mailed to Commercial Loan Services, P. O. Box 740502, Atlanta, GA 30374-0502; or such other address as provided by Bank in writing. (vi) This Mortgage may not be changed, terminated or modified orally or in any manner other than by an instrument in writing signed by the parties hereto; (vii) All references to "Bank" shall mean to 'Bank (for itself and its affmater; (viii) The options or headings at the beginning of each paragraph hereof are for the convenience of the parties and are not a part of this Mortgage; (Ix) If the pen of this Mortgage is invalid or unenforceable as to any part of the Obligations. the unsecured portion of the Obligations shall be completely paid (and all payments made shall be deemed to have first been applied to payment of the USM (Rev 21.0) Pegs 8 m main.dx 8KI988f'GO057 unsecured portion of the Obligations) prior to payment of the secured portion of the Obligations and If any clause, provision or obligation hereunder is determined invalid or unenforceable the remainder of this Mortgage shall be construed and enforced as if such clause, provision or obligation had not been contained herein; (x) This Mortgage shall be governed by and construed under the laws of the jurisdiction where this Mortgage is recorded; (A) Mortgagor by execution and Bank by acceptance of this Mortgage agree to be bound by the terms and provisions hereof. Final Agreement. This Agreement and the other Loan Documents represent the final agreement between the parties and may not be contradicted by evidence of prior, contemporaneous or subsequent agreements of the parties. There are no unwritten agreements between the parties. Minimum Standards. In addition to the requirements set forth in the Loan Documents, all surveys, insurance, title policies, construction documents, environmental reports, payment and performance bonds, and any other due diligence or additional documents required in connection with this Loan, shall comply with Bank's minimum standards in place from time to time for such documents, which shall be provided in writing by Bank to Borrower upon request. CONFESSION OF JUDGMENT FOR POSSESSION. FOR THE PURPOSE OF OBTAINING POSSESSION OF THE PROPERTY UPON THE OCCURRENCE OF ANY EVENT OF DEFAULT, MORTGAGOR HEREBY AUTHORIZES AND EMPOWERS ANY ATTORNEY OF ANY COURT OF RECORD, IN THE COMMONWEALTH OF PENNSYLVANIA OR ELSEWHERE, AS ATTORNEY FOR MORTGAGOR, AS WELL AS FOR THE PERSONS CLAIMING UNDER, BY, OR THROUGH MORTGAGOR, TO APPEAR FOR AND CONFESS JUDGMENT AGAINST MORTGAGOR AND ALL PERSONS CLAIMING UNDER. BY, OR THROUGH MORTGAGOR, IN FAVOR OF BANK FOR THE RECOVERY BY BANK OF POSSESSION OF THE PROPERTY, FOR WHICH THIS MORTGAGE (OR A COPY THEREOF VERIFIED BY AFFIDAVIT) SHALL BE A SUFFICIENT WARRANT, WHEREUPON A WRIT OF POSSESSION OF THE PROPERTY MAY BE ISSUED FORTHWITH, WITHOUT ANY PRIOR WRIT OR PROCEEDING WHATSOEVER AND WITHOUT STAY OF EXECUTION, MORTGAGOR HEREBY RELEASING AND AGREEING TO RELEASE BANK AND ANY SUCH ATTORNEY FROM ALL PROCEDURAL ERRORS AND DEFECTS WHATSOEVER IN ENTERING SUCH ACTION OR JUDGMENT OR IN CAUSING SUCH WRIT OR PROCESS TO BE ISSUED OR IN ANY PROCEEDING THEREON OR CONCERNING THE SAME, PROVIDED THAT BANK SHALL HAVE FILED IN SUCH ACTION AN AFFIDAVIT MADE ON BANK'S BEHALF SETTING FORTH THE FACTS NECESSARY TO AUTHORIZE THE ENTRY OF SUCH JUDGMENT ACCORDING TO THE TERMS OF THIS INSTRUMENT, OF WHICH FACTS SUCH AFFIDAVIT SHALL BE PRIMA FACIE EVIDENCE. IT IS HEREBY EXPRESSLY AGREED THAT IF FOR ANY REASON AFTER ANY SUCH ACTION HAS BEEN COMMENCED. THE SAME SHALL BE DISCONTINUED, MARKED SATISFIED OF RECORD, OR BE TERMINATED, OR POSSESSION OF THE PROPERTY REMAIN IN OR BE RESTORED TO MORTGAGOR OR ANYONE CLAIMING UNDER, BY, OR THROUGH MORTGAGOR, BANK MAY, WHENEVER AND AS OFTEN AS BANK SHALL HAVE THE RIGHT TO TAKE POSSESSION AGAIN OF THE PROPERTY, BRING ONE OR MORE FURTHER ACTIONS IN THE MANNER HEREIIBEFORE SET FORTH TO RECOVER POSSESSION OF THE PROPERTY AND TO CONFESS JUDGMENT THEREIN AS HEREINA13OVE PROVIDED, AND THE AUTHORITY AND POWER ABOVE GIVEN TO ANY SUCH ATTORNEY SHALL EXTEND TO ALL SUCH FURTHER ACTIONS IN EJECTMENT AND CONFESSION OF JUDGMENT THEREIN AS HEREINABOVE PROVIDED WHETHER BEFORE OR AFTER AN ACTION OF MORTGAGE FORECLOSURE IS BROUGHT OR OTHER PROCEEDINGS IN EXECUTION ARE INSTITUTED UPON THIS MORTGAGE OR ANY INSTRUMENT THEN EVIDENCING ANY OF THE OBLIGATIONS, AND AFTER JUDGMENT THEREON OR THEREIN AND AFTER A JUDICIAL SALE OF THE PROPERTY. 645M (Rev 21.0) Page 9 m nrb,.aoo BK1988%0Cy, IN WITNESS WHEREOF, Mortgagor has duly signed and sealed this instrument as of the day and year first above written. MortMor West es, LhC "/- gy. / ".C• (SEAL) Dwight L est, Member Commo 1 Q-U!!- County of _ L. C. Acknowisdgment L. nia I certify that before me appeared this day Dwight L. West, a person known to me, who after being sworn stated h@40 Is Member of West & Barnss, LLC, a Pennsylvania lirnited liability company and Is duly authorized to act on behalf of said Company, and being informed of the contents thereof, acknowledged execution of the foregoing instnunent on behalf of said Company. Witness my hand and official seal, this 54 day of 2007 ink -.,p Notary Seal Notary Public Jwat~' ? L. (Printed Name of Notary) My Commission Expires: CAT -Deal # 1350749088 FacNHy ID 1350750414 i0ft NNSYLyANA Nobr 't pUW Cc" ct 14 , ZOOM 2PW1Wby1venj$A0 own of Noted" "M %vz1.0) Page 10 m Rwmdoc BK- 1988 PG-0.1051 EXHIBIT A This Exhibit A Is attached to a certain Mortgage by and between West & Barnes, LLC, and Wachovia Bank, National Association, securing that certain Promissory Note of even date herewith executed by West & Barnes, LLC in the amount of $300,000.00 dated April 5, 2007. $mn•e: ,1462 TrMcUe Road Township of South Ukkiletown County of Cwnberland Commawreakh of Perm-a0vanhL Perot! ID ?0¦06.8675.066 I Certify this to be recur [n Cumberland County i o Recorder ? r 64M4(RW21.0) m meh.Ooc IN -F 98-8 PG'0:&fiO, SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronn Sheriff R Anderson C,F?t 0 Q FP1E 4$?aet of?uutbr?? G 3rAR Jody S smith "NOV 18 Chief Deputy Am 10'. 56 Richard W Stewart CUP18ERLAND COUNTY Solicitor ?-'E PENNSYt?/AMIWells Fargo Bank, N.A. vs. Case Number West & Barnes, LLC 2011-8451 SHERIFF'S RETURN OF SERVICE 11/15/2011 11:00 AM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on November 15, 2011 at 1100 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: West & Barnes, LLC, by making known unto Dwight West, Owner of West & Barnes, LLC at 1737 Trindle Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. NOAH CLINE, DEPUTY SHERIFF COST: $40.00 November 16, 2011 SO ANSWERS, RON ~ R ANDERSON, SHERIFF (c) GounTy5dite 5hord, Tel€osoft , hu. KEEPER WOOD ALLEN &RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 ~ WELLS FARGO BANK, N.A., successor to Wachovia Bank, National Association Plaintiff v. WEST & BARNES, LLC Defendant TO THE PROTHONOTARY: PRAECIPE CIVIL ACTION -LAW NO. 11-8451 CIVIL MORTGAGE FORECLOSURE Please enter judgment in favor of Plaintiff and against Defendant(s) by default in the sum of $341,414.95, together with interest as may accrue from October 18, 2012 and costs of suit and for foreclosure of the Mortgage and judicial sate of the Premises, for Defendants' failure to answer or otherwise plead to Plaintiffs Complaint. I hereby certify that written notice was given Defendant(s) in accordance with Pa. R.C.P. 237.1 (copy attached). KEEPER W -, N &RAHAL., LLP G~ Date: October 17, 2012 By: '~ __ Eugene E\Pepi sky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Manufacturers and Traders Trust Company aM~ e~lu.5~~~ 4~ C~~ GSay o ~~ aga~a~o ~11ol~ce (~1c.~loc~ ..: ~ .~~ (. ~'1' ~ :_. Y '" t - r ~'`~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA KEEPER WOOD ALLEN He RAHAL, LLP 210 WALNUT STREET PO BOX 11963 H1aRRISBURG, PA 17108-1963 WELLS FARGO BANK, N.A., successor to Wachovia Bank, National Association Plaintiff v. WEST & BARNES, LLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAVV Defendant NO. 11-8451 CIVIL MORTGAGE FORECLOSURE IMPORTANT NOTICE TO: WEST & BARNES, LLC DATE OF NOTICE: JANUARY 20, 2012 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. 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 PAPER TO YOUR LAWI~'ER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LE=GAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Court Carlisle, PA 17013 Phone: 717-249-3166 or Phone: 1-800-990-9108 Date: January 20, 2012 KEEPER WOOD ALLEN & RA.HAt_, LLP /~' BY ~ ~- - ~ ------ Eugene E. Pepinsky, Jr. Attorney I.D. #23702 210 Walnut Street, P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff KEEFEF. WOOD ALLEN &RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-19ES3 WELLS FARGO BANK, N.A., successor to IN THE COURT OF COMMON PLEAS OF Wachovia Bank., National Association CUMBERLAND COUNTY; PENNSYLVANIA Plaintiff v. WEST & BARNES, LLC Defendant A: WEST & BARNES, LLC CIVIL ACTION -LAW N0. 11~-8451 CIVIL. MORTGAGE FORECLOSURE NOTICIA IMPORTANTE FECHA DE NOTICIA: JANUARY 20, 7.012 LISTED NO HA COMPLIDO C;ON EL AVISO ANTERIOR PORC~UE HA FALTADO EN TOMAR MEDIDAS REC~UERIDAS RESPECTO A ESTE CASO. SI USTED NO ACTUA DENTRO DE DIEZ (10} DIAS DESDE= LA FECHA DE ESTA NOTICIA, ES POSIBLE CLUE UN FALLO SERIA REGISTRADO CONTRA LISTED SIN UNA AUDIENCIA Y USTED PODRIA PERDER SU PROPIEDAD O OTROS DERECHOS tMPORTANTES. LISTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI LISTED NO TIENE ABOGADO O NO TIENE CON CLUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA O LLAME A LA OFICINA ESCRITA ABAJO PARA P~VERIGUAR A DONDE LISTED PUEDE OBTENER LA AYUDA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Court Carlisle, PA 17013 Phone: 717-249-3166 or Phone : 1-800-990-9108 KEEPER WOOD ALLEN &RAHAL, '_LP ~~~ Date: January 20, 2012 By: _._-. Eugene epinsky, Jr Attorney I.D. #23702 210 Walnut Street, P.O. Box 11963 Harrisburg, PA 17108-196:3 (717} 255-8051 Attorneys for Plaintiff KEEPER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 WELLS FARGO BANK, N.A., successor to Wachovia Bank, National Association Plaintiff v. WEST & BARNES, LLC Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 11-8451 CIVIL MORTGAGE FORECLOSURE NOTICE To: WEST & BARNES, LLC You are hereby notified that on C ~ 1 0 2012, the following Judgment has been entered against you in the above-captioned case. By default in the sum of $341,414.95, together with interest as may accrue from October 18, 2012, and costs of suit and for foreclosure of the Mortgage and judicial sale of the Premises. Prothonotary I hereby certify that the name and address of the person(s) to receive this notice is: West & Barnes, LLC 1737 Trindle Road Carlisle, PA 17013 ~_--- Attorney for P aintiff KEEPER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG. PA 17108-1963 WELLS FARGO BANK, N.A., successor to Wachovia Bank, National Association Plaintiff v. WEST & BARNES, LLC Defendant To: WEST & BARNES, LLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 11-8451 CIVIL_ MORTGAGE FORECLOSURE AVISO Por este medio se le esta notificando que el 1 de , 2012, el/la siguiente (Orden), (Decreto), (Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe. By default in the sum of $341,414.95, together with interest as may accrue from October 18, 2012, and costs of suit and for foreclosure of the Mortgage and judicial sale of the Premises. Protonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: West & Barnes, LLC 1737 Trindle Road Carlisle, PA 17013 Abogado del Demandante KEEFER WOOD ALLEN& RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG,PA 17108-1963 WELLS FARGO BANK, N.A., successor to IN THE COURT OF COMMON PLEAS OF Wachovia Bank, National Association CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V, NO. 11-8451 WEST& BARNES, LLC MORTGAGE FORECLOSURE Defendant CERTIFICATE OF SERVICE The undersigned attorney hereby certifies that on March 15, 2013, a true and correct copy of the foregoing Praecipe for Writ of Execution, Affidavit Pursuant to P.R.C.P. 3129.2 and Notice of Sheriffs Sale of Real Estate Pursuant to Pennsylvania Rule of Civil Procedure 3129.1 has been served upon the person(s) named below at the address(es) shown below by deposit- ing the same in the United States mail, first-class postage prepaid per the attached Certificates of Mailing. WEST& BARNES, LLC 1737 TRINDLE ROAD CARLISLE, PA 17013 PA DEPARTMENT OF REVENUE BUREAU OF COMPLIANCE PO BOX 280948 HARRISBURG PA 17128-0948 US TREASURY DEPARTMENT INTERNAL REVENUE SERVICE 228 WALNUT STREET ;; XD SUITE 1190 (D HARRISBURG PA 17100 >C-) =C) CUMBERLAND COUNTY TAX CLAIM BUREAU CUMBERLAND COUNTY COURTHOUSE -4 C.) ONE COURTHOUSE SQUARE, ROOM 106 CARLISLE, PA 17013 ROBERT CAIRNS SOUTH MIDDLETON TAX COLLECTOR, P.O. BOX 40 BOILING SPRINGS, PA 17007 KEEFER WOOD ALLEN & RAHAL, LLP Date: March 15, 2013 By: Eugene E.\RW_:g(9ky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 r t+ map 76+�r_��`1r,1'</✓�+�'ll.r �t'.t � ,•,,� �. ���-��arr,,.,,,,��i ! �,: ANIT ► � z s R s « . � •lsr.va:r.iC' s .il �ry .r - .i�.r..� � ®`�.1��is� .-.r ►-.!r*�R!���, F"� � ,_fir` t ! � 4� �� •+��-fug. �r 3 ! � •i ; ',t �i"�.i'4� iii •i` +i i i ! '•'>r���°i'� • ! ; • • . ♦irlT - • i I III — r SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff aattta at Cu ta,,t,rr Jody S Smith ; r • 4 r ' t , Chief Deputy Ch, „?y Richard W Stewart , Solicitor oTEIEE OT THE sHERIFE r C , N S Y L '; h I t Wells Fargo Bank, N.A. vs. Case Number West& Barnes, LLC 2011-8451 SHERIFF'S RETURN OF SERVICE 04/03/2013 01:12 PM -Deputy Noah Cline, 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 1737 W Trindle Road, South Middleton Township, Carlisle, PA 17013, Cumberland County. 04/05/2013 06:16 PM -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: West& Barnes, LLC, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as"Not Found"at 1737 W Trindle Road, Carlisle, PA 17013, property is vacant. 05/31/2013 As directed by Eugene E Pepinsky, Jr,Attorney for the Plaintiff, Sheriffs Sale Continued to 8/7/2013 07/02/2013 Attorney provided alternate address for service of defendant of: 77 Biddle Road, Carlisle, PA 17015 07/08/2013 08:41 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Dwight West-Owner, who accepted as"Adult Person in Charge"for West& Barnes, LLC at 77 Biddle Road, Carlisle, PA 17015, Cumberland County. 07/12/2013 As directed by Eugene E Pepinsky, Jr, Attorney for the Plaintiff, Sheriffs Sale Continued to 9/4/2013 09/05/2013 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, 1 Courthouse Square, Carlisle, PA on September 04, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Eugene Pepinsky, Jr., on behalf of Wells Fargo Bank, N.A., being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $1,208.71 SO ANSWERS, )/ September 18, 2013 RONR ANDERSON, SHERIFF y ,ov pei. ate.. a. Qs � &, 931.( 1PrIlt 07 9� {c CounySuite Sheriff.Teleosoft.Inc. �/