Loading...
HomeMy WebLinkAbout11-9347SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Wells Fargo Bank, NA vs. Lindsey M. Myers (et al.) D 2 FF -6 W-1 9. 13 PENNSYLVANIA Case Number 2011-9347 SHERIFF'S RETURN OF SERVICE 01/30/2012 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: Lindsey M. Myers, 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 Lindsey M. Myers. Request for service at 1852 Sheepford Road, Mechanicsburg, Pennsylvania 17055 is vacant. To date The Mechanicsburg Postmaster has been unable to provide a good forwarding address for the Defendant. 01/30/2012 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: Susan K. Myers, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Lindsey M. Myers. Request for service at 1852 Sheepford Road, Mechanicsburg, Pennsylvania 17055 is vacant. To date The Mechanicsburg Postmaster has been unable to provide a good forwarding address for the Defendant. SHERIFF COST: $64.00 January 30, 2012 SO ANSWERS, RONN'rY R ANDERSON, SHERIFF SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff _ ;'~',~ ~'~ ~ . -7 it ytd Yf~~~ .. Jody S Smith 4 Chief Deputy ;;:,_,, Richard W Stewart ~~ J{'~ Solicitor ll Wells Fargo Bank, NA Case Number vs. Lindsey M. Myers (et al. i 2011-9347 SHERIFF'S RETURN OF SERVICE 09/14/2012 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: Lindsey M. Myers, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 09/14/2012 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: Susan K. Myers, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 09/17!2012 07:25 PM -Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on September 17, 2012 at 1925 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Lindsey M. Myers, by making known unto Susan Myers, Wife of Lindsey M. Myers at 1014 W. Foxcroft Drive, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. ;~--T ,errs-u~ i, c ~~~4C. '~~ tL'. ~..c~ ""-~ FCJI TIM BLP~K, D UTY 09/17/2012 07:25 PM -Timothy Black, Deputy Sheriff, who being duly sworn according/ to law, states that on September 17, 2012 at 1925 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Susan K. Myers, by making known unto herself personally, at 1014 W. Foxcroft Drive, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. -~ ..~.- TIM BLA , DEP TY 10/03/2012 York County Return: And now, October 3, 2012 I, Richard P. Keuerleber,tS_f of York County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Lindsey M. Myers the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find him in the County of York and therefore return same NOT FOUND. Deputies attempted service at 1016 N. US Route 15, Dillsburg, Pennsylvania 17019, but were advised by the current resident Lindsey M. Myers was possibly a previous tenant ending occupancy approximately two months ago. The Postmaster advised Lindsey M. Myers new address is 329 Fourth Street, New Cumberland, Pennslylvanfa 17070. 10/03/2012 York County Return: And now, October 3, 2012 I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Susan K. Myers the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find her in the County of York and therefore return same NOT FOUND. Deputies attempted service at 1016 N. US Route 15, Dillsburg, Pennsylvania 17019, but were advised by the current resident Susan K. Myers was possibly a previous tenant ending occupancy approximately two months ago. The Postmaster advised Susan K. Myers has moved and left no forwarding address. SHERIFF COST: $100.00 SO ANSWERS, ~-~ l~- C~r~ October 11, 2012 RONNY R ANDERSON, SHERIFF SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber ~ PETER J. MANGAN, ESQ. Sheriff Solicitor Reuben B Zeager Richard E Rice, II Chief Deputy, Operations Chief Deputy, Admini,>tration WELLS FARGO BANK, N.A. S/B/M WELLS FARGO HOME MORTGAGE, INC. vs. Case Number SUSAN K. MYERS (et al.) 11-9347 CIVIL SHERIFF'S RETURN OF SERVICE 10/03/2012 I, RICHARD P KEUERLEBER, SHERIFF, WHO BEING DULY SWORN ACCORDING TO LAW, STATES HE MADE DILIGENT SEARCH AND INQUIRY FOR THE WITHIN NAMED DEFENDANT TO WIT: LINDSEY M. MYERS, BUT WAS UNABLE TO LOCATE THE DEFENDANT IN HIS BAILIWICK. THE SHERIFF THEREFORE RETURNS THE WITHIN REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE (GIMP) AS "NOT FOUND" AT 329 4TH STREET, NEW CUMBERLAND, PA 17070. THIS ADDRESS IS IN CUMBERLAND CO. 10/03/2012 I. RICHARD P KEUERLEBER, SHERIFF, WHO BEING DULY SWORN ACCORDING TO LAW, STATES HE MADE DILIGENT SEARCH AND INQUIRY FOR THE WITHIN NAMED DEFENDANT TO WIT: SUSAN K. MYERS, BUT WAS UNABLE TO LOCATE THE DEFENDANT IN HIS BAILIWICK. THE SHERIFF THEREFORE RETURNS THE WITHIN REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE (GIMP) AS "NOT FOUND" AT 1016 N. US ROUTE 15, DILLSBURG, PA 17019. PER POST OFFICE CHECK MOVED, LEFT NO FORWARDING ADDRESS. SHERIFF COST: $47.99 SO A ERS. October 04, 2012 ICH RD P K RLEBER, SHERIFF NOTARY Affirmed and subscribed to before me this 4TH day of OCTOBER 2012 ~~ ~ ~~ ,-~ ~~'~ "~~~- J ~ c _. _..-_ ..-_~ 1~,i5 w E:k .-;~ .., 12, 2013 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A., SB/M WELLS Court of Common Pleas FARGO HOME MORTGAGE, INC. Plaintiff Civil Division V. CUMBERLAND County LINDSEY M. MYERS No.: 11-9347-CIVIL SUSAN K. MYERS r ` a Defendants ' co - PLAINTIFF'S MOTION TO REASSESS DAMAGES ' r Plaintiff, by its Attorneys, Phelan Hallinan, LLP,moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on December 21, 2011. 2. Judgment was entered on December 11, 2012 in the amount of$166,327.88. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit"A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1),a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However,new items cannot be added at the time of entry of the judgment. 265731 4. A Sheriffs Sale of the mortgaged property at 1852 SHEEPFORD ROAD, MECHANICSBURG,PA 17055-6738 (hereinafter the "Property")was postponed or stayed for the following reason: a.)The Defendant,LINDSEY M. MYERS, filed a Chapter 07 Bankruptcy at Docket Number 1:12-00763 on February 10,2012. Plaintiff obtained relief from the bankruptcy stay by order of court dated March 20,2012. A true and correct copy of the Relief Order is attached hereto,made part hereof, and marked as Exhibit "B". b.) The Defendant, SUSAN K. MYERS, filed a Chapter 07 Bankruptcy at Docket Number 1:12-01191 on February 29,2012. The Bankruptcy stay ended when the Bankruptcy Court entered an Order dated May 31, 2012 discharging the defendants of personal liability. A true and correct copy of the Bankruptcy Court Order is attached hereto,made part hereof, and marked as Exhibit "C". 5. The Property is listed for Sheriffs Sale on June 5,2013. 6. Additional sums have been incurred or expended on Defendants'behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $144,809.63 Interest Through April 11, 2013 $21,044.52 Late Charges $204.08 Legal fees $2,950.00 Cost of Suit and Title $1,692.51 Property Inspections $440.00 Property Preservation $729.36 Mortgage Insurance Premium/Private Mortgage Insurance $1,459.35 Mortgage Insurance Premium to be paid prior to June 5, $190.35 2013 Escrow to be paid prior to June 5,2013 $821.88 Escrow Deficit $7,697.93 TOTAL $182,039.61 265731 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law,Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9),Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on March 20, 2013and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit"D". 11. No judge has previously entered a ruling in this case. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: _ 2 7//-7 By:— d T--24— J an Lobb, Esquire ATTORNEY FOR PLAINTIFF 265731 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A., S/B/M WELLS Court of Common Pleas FARGO HOME MORTGAGE, INC. Plaintiff Civil Division V. CUMBERLAND County LINDSEY M. MYERS No.: 11-9347-CIVIL SUSAN K. MYERS Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE LINDSEY K. MYERS and SUSAN K. MYERS executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 1852 SHEEPFORD ROAD, MECHANICSBURG, PA 17055-6738. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly,after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 265731 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli,407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat. Bank,445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid,Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545,2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 265731 Company v. Burns,414 Pa. 495,200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich,the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276(1978). In the within case,the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel,424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 265731 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266,270(1978). Pennsylvania Rule of Civil Procedure 1141(a). However,Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser,Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding,Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested,and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire,Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly,the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 265731 V1. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents,preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff s recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center,68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Real , 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 265731 VIh COST OF SUIT AND TITLE Pursuant to the terms of the mortgage,Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C,P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced(which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff s sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property,not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 265731 I VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. 265731 Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff s Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage,then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: By;1 b r oan Lobb, Esquire rney for Plaintiff 265731 Exhibit "A" 265731 PHELAN HALLINAN,L.L.P Attorney for Plaintiff Meredith Wooters,Esq.,Id.No.307207 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza „ r ► Philadelphia,PA 19103 215-563-7000 ; � �'. . WELLS FARGO BANK,N.A.,S/B/M CUMBERLAND COUNTY yVFI.T FARt`O At}MTi M(IRT3AGE9 INC. COURT OF COMMON PL = , VS. CIVIL DIVISION T LINDSEY M.MYERS No.11-9347-CIVIL SUSAN K.MYERS PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against LINDSEY M.MYERS and SUSAN K.1MyXYERS,Defendants for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises,and assess Plaintiffs damages as follows: As set forth in Complaint � 1I�t .55 Interest- 11/09/2011 to 12/0512012 $&9 TOTAL $166,327.$8 1 hereby certify that(1)the Defendants'last known addresses are 1852 SHEEPFORD ROAD,MECHANICSBURG,PA 17055-6738 and 1014 W FOXCROFT DR,CAMP HILL,PA 17011-1235,and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. Meredith Wooters,Esq.,Id. Ne.307207 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: w 265731 Exhibit "B" 265731 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: LINDSEY M.MYERS BK.No.1:12 bk-00763 MDF Debtor Chapter No.07 WELLS FARGO BANK,N.A.,SB/M WELLS FARGO HOME MORTGAGE,INC. Movant . V. LINDSEY M.MYERS 11 U.S.C.§362 and STEVEN M.CARR,ESQUIRE(TRUSTEE) Respondents ORDER GRANTING RELIEF FROM§362 AUTOMATIC STAY WITH RESPECT TO 1852 SHEEPFORD ROAD,MECHANICSBURG,PA 17055. Upon consideration of Motion of WELLS FARGO BANK, N.A., SB/M WELLS FARGO HOME MORTGAGE,INC.(Movant),it is: ORDERED that Relief from the Automatic stay of all proceedings, as provided under 11 U.S.C. §362 is granted with respect to, 1852 SHEEPFORD ROAD, MECHANICSBURG, PA 17055(hereinafter the Premises)(as more fully set forth in the legal description attached to the Mortgage of record granted against the Premises),as to allow Movant to proceed with its rights under the terms of said Mortgage;and it is further; ORDERED that Movant shall be permitted to communicate with the Debtor and Debtor's counsel to the extent necessary to comply with applicable nonbankruptcy law;and it is further; ORDERED that Rule 4001(a)(3) is not applicable and WELLS FARGO BANK, N.A., SB/M WELLS FARGO HOME MORTGAGE,INC.may immediately enforce and implement this Order granting Relief from the Automatic Stay. By the Court, Chief Bakuptcy Julp Pro) Dated: March 20, 2012 Case 1:12-bk-00763-MDF Doc 9 Filed 03/20/12 Entered 03/20/12 10:16:09 Desc Main Document Page 1 of 1 Exhibit "C" 265731 B18(Official Form 18)(12/07) United States Bankruptcy Court Middle District of Pennsylvania Case No.1:12—bk-01191—MDF Chapter 7 In re Debtor(s)(name(s)used by the debtor(s)in the last 8 years,including married,maiden,trade,and address): Susan K. Myers 1014 West Foxcroft Drive Camp Hill, PA 17011 Social Security/Individual Taxpayer ID No.: xxx—xx-1859 Employer Tax ID/Other nos.: DISCHARGE OF DEBTOR It appearing that the debtor is entitled to a discharge, IT IS ORDERED: The debtor is granted a discharge under section 727 of title 11,United States Code,(the Bankruptcy Code). BY THE COURT Dated: 5/31/12 Mary D. France United States Bankruptcy Judge SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION. Case 1:12-bk-01191-MDF Doc 10 Filed 05/31/12 Entered 05/31/1201:00:12 Desc Ch 7 Discharge Page 1 of 2 Exhibit "D" 265731 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 191.03 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania and New Jersey March 20,2013 LINDSEY M. MYERS SUSAN K.MYERS 1852 SI-IEEPFORD ROAD MECHANICSBURG,PA 17055-6738 RE: WELLS FARGO BANK,N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC.v, LINDSEY M. MYERS and SUSAN K.MYERS Premises Address: 1852 SHEEPFORD ROAD MECHANICSBURG,PA 17055 CUMBERLAND County CCP,No. 11-9347-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),1 am seeking your concurrence with the requested relief that is,increasing the amount of the judgment. Please respond to me within 5 days,by 3/26/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very -iglu your,, J-, than Lobb, Esq., Id. No.312174 Attorney for Plaintiff Enclosure 265731 Name and Phelan Hallinan;LLP Address 1617 JFK Boulevard,Suite 1400 No Of Sender One Penn Center Plaza I}fila r iPtlia PA 19103 KVM _ _ .- ...._ Lme Article Number ' Name of Addrese ,Stretit,and Post Oftice Address Postage _ m.. ... .,. � . _ —_. __ v __ .� __ _ 1 x*x* ; LINDSEY M.MYERS $0.45 SUSAN K. MYERS 1852 SHEEPFORD ROAD �, t MECHANICSBURG,PA 17055-61738 � 2 �x*** LINDSEY M. MYERS � 50.45 � �.- SUSAN K.MYERS 1016 N US ROUTE 15 DILLSBURG,PA 17019-9345 3 **** LINDSEY M.MYERS S0,45 SUSAN K. MYERS 1014 W FOXCROFT DR <° CAMP HELL:.PA 17011-1235 RE LINDSEY M.MYERS(C"C M13EILAND) PHS#265731;1200 Pale I of 1 51.35 Total Number of 7 Total Number of Pieces i Postmaster,Per(Name of _ The ittl,dcla.nwzon of value is required on all domestic and innen;uit+ttni repisterrti mail. The ma Pieces Listed by Sender Received at Post Office Receiving Employee) for the reconstruction of nonnegotiable documents under Express Mail document reconstniction it piece subject to a limit of 5500,000 per occurrence The maximum indemnity payable on Express The maximum indemnity payable is$25,000 for registered mail,sent with optional insurance. See t7 me ric.Mmil Mav,lai R900 5913 and 5921r.ituit tncsns of ax�c Form 3877 Facsimile 265731 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A., S/B/M WELLS Court of Common Pleas FARGO HOME MORTGAGE, INC. Plaintiff Civil Division V. CUMBERLAND County LINDSEY M. MYERS No.: 11-9347-CIVIL SUSAN K. MYERS Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. LINDSEY M. MYERS LINDSEY M. MYERS SUSAN K. MYERS SUSAN K. MYERS 1852 SHEEPFORD ROAD 1016 N US ROUTE 15 MECHANICSBURG, PA 17055-6738 DILLSBURG,PA 17019-9345 LINDSEY M. MYERS SUSAN K. MYERS 1014 W FOXCROFT DR CAMP HILL, PA 17011-1235 Phelan Hallinan,LLP DATE: 3b7ll- By: tU Lobb, Esquire TORNEY FOR PLAINTIFF 265731 AFFIDAVIT OF SERVICE WHIMC) PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK,N.A.,S/RIM WELLS FARGO ROME MORTGAGE,INC. PHS#265731 DEFENDANT SFJMCETEAM LINMY ML MYERS COURT NO..11-9347-CWM SUSAN K MYERS SERVE LECSEY AL MYERS AT: TYPE OF ACTION 1014 W FOXCROFT DR XX Nadee of Sheriff's Sale CAMP BRI.,PA 17011•IM SALE DATE: June 5,2013 SERVED Served and made known to EY M.MYERS Defendant on the day of f y� 20 LJ at o'clock P.X,at QV- _,in the manner described below: Defendant personally seree& Adult family member with whom Defendant(s)reside(s). Relationship is 5VS,� .�. M-IE42-S Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendants office or usual place of business. an officer of said Defendants company. Other. 1 - Descri tton Age '3a S Height C. Weight Race A-V'TeSex Offia )-Irl a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S.Sec.4904 relating to unswom falsification to authorities. DATE: �013 NAME: PRINTED NAME: TITLE: XOTSERVED On the day of 20 at o'clock_.M.,1, a competent adult hereby state thiflMendint N( FOUND because: Vacant Does Not Exist Moved Does Not Reside(Not Vacant) No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 AFFIDAVIT OF SERVICE(FRIMC) PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK,N.A.,"M WELLS FARGO HOME MORTGAGE,INC PHS#265731 DEFENDANT SERVICE V"bb LINDSEYM.M[YERS COURT NO.:11-934?-CIVIL SUSAN K.MYERS SERVE SUSAN IL MYERS AT: TYPE OFACTION 1014 WFOXCROFTDR XX Notice of Sherffrs Sale CAMP Him.,PA 17011-1235 SALE DATE: June 5,2013 C7 7 SERVED ;S a d to SUSAN K MYERS,Defendant on the day of 20 ed and a,— o'clock 3P. loc ock Na at i()14 Vj FCKC(Zof�E P2L in the manner described below: �fendant served. 1 mtT so sonally sm Adult family member with whom Defendant(s)reside(s). Relationship is Adult in charge of Defendants residence who refused to give name or relationship. Manager/ClWk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendants office or usual place of business. an officer of said Defendant's company. Other. DesKiption: Age&Q'-S Height Weight 'IW�Race��ex F Other L Ubn­. ,a competent adult,hereby verify that I Personally handed a true and correct copy of the Notice of Sheriffs Salo in the manner as set forth herein,issued in the captioned case an the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec.4904 relating to unswcfn falsification to authorities. DATE: 2 NAME: PRINTED NAME: TITLE: POCE-y'-'s NOT SERVED On the day of 20_,at o'clock_.M.,L a competent adult hereby state thafflWendant NOT FOUND because. Vacant Does Not Exist r Moved Does Not Reside(Not Vacant) No Answer on at at Service Refused Other. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Halli=A UP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND IMUNTY PENNSYLVANIA WELLS FARGO BANK,N.A., S/B/M WELLS Court of Common Pleas FARGO HOME MORTGAGE, INC. Plaintiff Civil Division V. CUMBERLAND County LINDSEY M. MYERS No.: 11-9347-CIVIL SUSAN K. MYERS Defendants RULE AND NOW,this day tl 20J5,a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess ,3 Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute BY TH C URT J. Tho s A. Placey Common Pleas Judge =m -0 ✓ < ' �° a k 51c it C--) Imo+-,,.✓ � �-., . D c� -a p 265731 PjG c- Jonathan Lobb,Esq., id.No.312174 Phelan Hallinari,LLP 1617 JFK Boulevard,Suite 1400 Philadelphia,PA 19103 "TEL: (215)563-7000 FAX: (215)563-3459 LINDSEY M. MYERS LINDSEY M. MYERS SUSAN K. MYERS SUSAN K. MYERS 1852 SHEEPFORD ROAD 1016 N US ROUTE 15 MECHANICSBURG,PA 17055-6738 DILLSBURG,PA 17019-9345 LINDSEY M. MYERS SUSAN K. MYERS 1014 W FOXCROFT DR CAMP HILL,PA 17011-1235 1 265731 t a 265731 yv Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617'JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etk6wicz@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A., S/B/M WELLS Court of Common Pleas FARGO HOME MORTGAGE, INC. Plaintiff Civil Division vs. CUMBERLAND County LINDSEY M. MYERS No.: 11-9347-CIVIL SUSAN K. MYERS Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 2, 2013 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. LINDSEY M. MYERS LINDSEY M. MYERS SUSAN K. MYERS SUSAN K. MYERS 1852 SHEEPFORD ROAD 1016 N US ROUTE 15 MECHANICSBURG, PA 17055-6738 DILLSBURG, PA 17019-9345 gym ; LINDSEY M. MYERS �-r- ' -vM SUSAN K. MYERS i' '' ° 1.014 W FOXCROFT DR *M -n CAMP HILL, PA 17011-1235 m o X--c`; D CZ ko f' Phel lina LP DATE: ( l3 By: Jo a an TA. Etkowicz,Esq., Id.No.208786 rney for Plaintiff 265731 J fj PRa Na#40` TAR Y ?013 APR 29 PH 1: 14 CUM13ERLANO coUNTY PE1gNS YL VA NIA Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 ATTORNEY.FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A., S/B/M WELLS Court of Common Pleas FARGO HOME MORTGAGE, INC. : Plaintiff Civil Division vs. CUMBERLAND County LINDSEY M. MYERS No.: 11-9347-CIVIL SUSAN K. MYERS Defendants MOTION TO MAKE RULE ABSOLUTE WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC., by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on March 27, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on March 20, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 265731 3. A Rule was issued on April 2, 2013 directing the Defendants to show cause by April 22, 2013. why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on April 12, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of April 22, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan.Hallinan, LLP DATE: 1.7-6 By: AA Jon an Lobb, Esq., Id.No.312174 Attorney for Plaintiff 265731 Exhibit "A" 265731 PHELAN HALLINAN, LLP 1617 John F.Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania and New Jersey March 20,2013 LINDSEY M. MYERS SUSAN K. MYERS 1852 SHEEPFORD ROAD MECHANICSBURG, PA 17055-6738 RE: WELLS FARGO BANK,N.A., S/B/M WELLS FARGO HOME MORTGAGE,INC. LINDSEY M. MYERS and SUSAN K. MYERS Premises Address: 1852 SHEEPFORD ROAD MECHANICSBURG, PA 17055 CUMBERLAND County CCP,No. 11-9347-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),1 am seeking your concurrence with the requested relief that is,increasing the amount of the judgment. Please respond to me within 5 days,by 3/26/201.3. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very''t:r l)'Jr0t tc. J itlox.Lobb,Esq.,Id. No.312174 Attorney for Plaintiff Enclosure 265731 Name and Phelan Hallinan,LLP c M Address 1617 JFK Boulevard,Suite 1400 co o Of Sender One Penn Center Plaza °� 10 N Philade:lph.ia,PA 1.9103 KVM ` (V Line Article Number Name of Addressee.Street,and Post Office Address Postage 1 C 1 **** LINDSEY M.MYERS $0.45 A SUSAN K.MYERS Uj rn 1852 SHEEPFORD ROAD MECHANICSBURG,PA 17055-6738 0- rn M 2 **** LINDSEY M.MYERS $0.45 �. 9: I SUSAN K.MYERS N00 I 1016 N US ROUTE 15 , DILLSBURG.PA 1.7019-9345 3 **** LINDSEY M.MYERS $0.45 ov SUSAN K.MYERS ---�- 1014 W FOXCROFI'DR ,, - '�• s r CATNIP HILL,PA 17011-1235 RE:LINDSEY M.MYERS(CUMBERLAND) 'PHS#265731/1200 Page 1 of 1 _ $1.35 � •rte.} Total Number of Total Number of Pieces Postmaster,Per(Name of The roll deearadgn of value is required on all domestic and imernatimW registered mail. The ma Z _ Pieces Listed by Sender Received at Post Office Receiving Employee) for the reconstruction of nonnegotiable documents under Express Mail document reconstruction it piece subject to a limit of 5500,000 per occurrence. The maximum indemnity payable on Express' y 'fir The maximum indemnity payable is$25,000 for registered mail,sent with optional insurance See f�omcstic Mat,Manual R900 S913 and 5921 for limitatiotlt ofcovett p, Form 3877 Facsimile 265731 Exhibit "B" 265731 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY s PENNSYLVANIA WELLS FARGO BANK,N.A., S/B/M WELLS Court of Common Pleas FARGO HOME MORTGAGE, INC. Plaintiff Civil Division V. CUMBERLAND County LINDSEY M. MYERS No.: 11-9347-CIVIL SUSAN K. MYERS Defendants RULE AND NOW,this day sr 203,a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess 'i. Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court,Plaintiff may file a t Motion to Make Rule Absolute BY TH Cdh URT ITho s A. Placey Common Pleas Judge Phelan 0- C �= 265731 le"i 41"113 p�c� __..—_...._. ry Phelan Hallinan, LLP Jonathan M. Etkowicz,Esq., Id. No.208786 1617'JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 jonathan.etk6wicz@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A., SB/M WELLS Court of Common Pleas FARGO HOME MORTGAGE, INC. Plaintiff Civil Division vs. CUMBERLAND County LINDSEY M. MYERS SUSAN K. MYERS No.: 11-9347-CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 2, 2013 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. LINDSEY M. MYERS LINDSEY M. MYERS SUSAN K. MYERS SUSAN K.MYERS 1852 SHEEPFORD ROAD 1016 N US ROUTE 15 n N MECHANICSBURG,PA 17055-6738 DILLSBURG, PA 17019-9345 LINDSEY M. MYERS r- SUSAN K. MYERS cr, o° 1.014 W FOXCROFT DR o CAMP HILL, PA 17011-1235 � CD_n / Amey ng LP DATE: By: Etkowicz,Esq.,Id.No.208786 Plaintiff 265731 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK,N.A., S/B/M WELLS Court of Common Pleas FARGO HOME MORTGAGE, INC. Plaintiff Civil Division VS. CUMBERLAND County LINDSEY M. MYERS No.: 11-9347-CIVIL SUSAN K. MYERS Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. LINDSEY M. MYERS LINDSEY M. MYERS SUSAN K. MYERS SUSAN K. MYERS 1852 SHEEPFORD ROAD 1016 N US ROUTE 15 MECHANICSBURG, PA 17055-6738 DILLSBURG, PA 17019-9345 LINDSEY M. MYERS SUSAN K. MYERS 1014 W FOXCROFT DR CAMP HILL, PA 17011-1235 Phelan Hallinan, LLP DATE:— I� By: JoxOian Lobb,Esq., Id. No.312174 Attorney for Plaintiff 265731 C") MOD PHELAN HALLINAN,LLP Attorney for Plaintiff =� Meredith Wooters,Esq.,Id.No.307207 1617 JFK Boulevard,Suite 1400 r— 't z - One Penn Center Plaza �� � Philadelphia,PA 19103 c:;G7 ; 215-563-7000 -� Cn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA WELLS FARGO BANK,N.A.,S/B/M WELLS : CUMBERLAND COUNTY FARGO HOME MORTGAGE,INC. Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION LINDSEY M.MYERS No.: 11-9347-CIVIL SUSAN K.MYERS Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA } PHILADELPHIA COUNTY ) SS: As required by Pa.R.C.P. 3129.2(a)Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa.R.C.P.3129.2(c)on each of the persons or parties named,at that address,set forth on the Affidavit and as amended if applicable.A copy of the Certificate of Mailing(Form 3817) and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A". Meredith Wooters,Esq.,Id.No.307207 Attorney for Plaintiff Date: � r .�-5 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS#265731 Name and Phelan Hallinnn,LLP Address 1617 IFK Boulevard,Suite 1403 y c n Ors cr One Pcnn Center Pim Philadrl hip PA 19705 AZK/MIC-0610S/2013SALE O Lint Article Number Name of Addresser Street and Post OMce Address Pasta o � 7ENANTIOCCUPANT IRSZ SH FPFORn ROAD 5044 � MECHANICSBURG PA 1709"138 '««« COMMONWEALTH OF PENNSYLVANIA, ` BUREAU OF INDIVIDUAL TAX,INHERITANCE TAX DIVISION $0.43 t aitmn dTH FLOOR,STRAWBERRY SQ.,DEFT 280601 a° 3 HARRISBURG PA 1712$ vea ' ' DAUPHIN DEPOSIT BANI{ANDTRUST COMPANS PO BOX 4800 $1.44 HARRISBURG,PA 17111 h t. 4 +««« DAUEHIN DEPOSITBANK ANDTRUST CfaMPANY A7 TN:RECORDS DEPARTMENT. $0.74 3607 DERRY STRt�;ET �'q•a PO BOX 4190 HARRYSi3URG PA 17111 5 e««« DEPARTMENT OF PUBLIC IYTLFARE, +' Sa.aa i I 3, TPL CASUALTY UNIT,ESTATE RECOVERY PROGRAM R�j��.� P.O.BOX 8466 WILLOW OAK BUILDING ' HARRISBURG PA 17105 RSBC MORTGAGE SERVICES SOA4 636 GRAND REGENCY BLVD BRANWON FL&3&10-3943 7 :•'* MERS AS A NOMINEE FOR HSBC MORTGAGE SERVICES $0.44 P.U.BUY 2026 FLJTNT M14 01-2024 g ++«+ MERS,INC. SOA4 I90J E VOORHEES STREET,SUITE C DANVILL` JL 6188 9 «««« lt"IORTGAGE ELECTRONIC REGISTRATION SYSTFNS,INC. $OA4 PO BOX 2026 « FLINT,MI 48501-2426 WA 6j0RTGAGi ELECTROIVJC RFGYSTRATI4V SYSTEl42S tNC.CJQ JiY BCiSiQRfGI;SFIti'ICES $0.44 S77 LAMONT RD , PO BOX 1247 EI:MN3 R 0 6 M"NY BS7t 71�iiY P71r+1331d63t3 "D Twl NwMwxof Txd NUxb—IPi— P"Pw "PCelNxmxor 'riw h,ii ieabnl'wMdr rire&ryaeee ondt9nnunr cWFvrnden+O eeyGtwe4rtwi.The v+axenun iaknrniryyxyxnk PK"l,kUt6YSx*u Rmeradairwort- ReMc %%EmO."tt ..m"wmt+w ufn twia*4xvwtasw&Goof Mul Wtortett rtcohf[rarxilxf itenstrcc i%SSM060 wi rice autJKlto a link dSS00AWG ru aarT me.The tuaeinwm i7dcmi.y pty�ble us Ctpdx Mdl men9usyu:4 SSG>. yhe mum*tt*warrMyi9k sS$SSfpUfiW rrjshnW ntii,ee¢wih oSh lmsWOW,.Sec nowe:er M>Id iJam+xi F.40GE9i}xrx!S9]i fmiimoxianxofm Form 3$77 FaeshWic Ste. M t *a. Name and Phelan Wiliam,LLP Address No 1617 JFK Bauleuard,Suite 1400 o t3 Of Sender One Penn Center Plats a Philadelphia,PA 19103 AXlVM1C-0610.c 12013 SALE o. Line Article Number NameoiAddresset.Strre and Past011aceAddrrss Posen e I ss+s U.S.DEPARTMENT OFJIISTICF 50.44 � �rj CD m U.S.ATTORNEY FOR THE MIDDLE DISTRICT OF PA ,A '!20 o °' FEDERAL BUILDING �^ � 228 WALNUT STREET,SUITE 220 n m PO RON 11754 1IARRISSURG PA 11108-1754 0 2 y* WILLIAM T.WALKER $0.44 270 BRINDLE ROAD MECHANICSBURG PA 17055 3 ""•" WILLIAM'f.WALKER CIO JENNIFER II.HIPP,ESQUIRE $0.44 LAW OFFICES OF JAMES BOGAR ONE W MAIN STREET � r SHIREMANSTOWN PA 17011-6371 4 +**: DOMESTIC RELATIONS OF $0.44 CUMBERLAND COUNTYl 13 NORTH HANOVER STREET CARLISLE,PA 17013 ''`, 5 n►•# COMMONN%TALTH OF PENNSYLVANIA DEPARTNU VT OF WELFARE P.O.13OX 2675 HARRISBURG PA 1710S 6 • INTERNAL REVENUE SERVICE ADVISORY 50.54 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH PA 15222 1s� �+x>rRS.t��RI 172 iit�IMwl�[Wr�v"I'1 5?.aa , Tpt>t Nun6tr of TaW YSmAst of P`ea: ristm+sou.RrtRirrcM - T1tt tu:}doctatxiao orralx bis�uirtciwxtlQanesLe�xi itMtintiavirc�ate�il mtl.'hcrrvziamta lMtunityp�utrk pieceslhitt tr'l Scrkr RectisN al PoaaOt'kt Reeeisiaf titeptgtte7 ttx thtmensiuunntl naNlntjpWtrk dammemt urtkr Yaprcss Minl doeuritmrt4roMWSYgnirairinro it SSU,ilW psr ' putt abiees a�imii of iSW.00]prr uw`u+xnn.'nw,.aalwwm irk�n:sr prptri w n,ixrn iwta7 merehsriine k t50a. 71+s msxnsuminkmnitY ptttbk is b3,C00 fiu acixcsivS man,stm+,risY gtiorat ics Wfaa,Sbt Wxcstk Mill Maeari R9D6Sgt}�nf542tbrimitp3ansnftan - ' Farm 3877 Facsimile 1 t r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA WELLS FARGO BANK,N.A., S/B/M WELLS Court of Common Pleas FARGO HOME MORTGAGE, INC. : Plaintiff Civil Division vs. CUMBERLAND County LINDSEY M. MYERS SUSAN K. MYERS No.: 11-9347-CIVIL Defendants ORDER AND NOW,this `Q-""-day of , 2013, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $144,809.63 Interest Through April 11, 2013 $21,044.52 Late Charges $204.08 Legal fees $2,950.00 Cost of Suit and Title $1,692.51 Property Inspections $440.00 Property Preservation $729.36 Mortgage Insurance Premium/Private Mortgage Insurance $1,459.35 Mortgage Insurance Premium to be paid prior to June 5, $190.35 2013 Escrow to be paid prior to June 5, 2013 $821.88 Escrow Deficit . $7,697.93 TOTAL $182,039.61 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. Cl' il 12ig;1f1O BY TH OURT: �,��d��Q ' z J. •Cv ''!.ti ri k= - , Tnomas A.Scow Gg `, f' -` 0 Common Pleas Judse _ -, � 265731 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff -0 3 w at ¢ubrr, rn d,pi g y 4<� p rn o n�Jody S Smith k 70 •• r� Chief Deputy co r ,< qo Richard W Stewart „ ) .gym Solicitor QrmE F THE SHERIFF "'" o- -t CO rr Wells Fargo Bank, NA vs. Case Number Lindsey M. Myers (et al.) 2011-9347 SHERIFF'S RETURN OF SERVICE 03/21/2013 01:08 PM - Deputy William 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 1852 Sheepford Road, Lower Allen Township, Mechanicsburg, PA 17055, Cumberland County. 04/04/2013 06:50 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 the Defendant, to wit: Susan K. Myers at 1014 W. Foxcroft Drive, Wormleysburg Borough, Camp Hill, PA 17011, Cumberland County. 04/11/2013 08:38 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Lindsey M. Myers at 329 Fourth Street 2nd Floor, New Cumberland Borough, New Cumberland, PA 17070, Cumberland County. 06/05/2013 As directed by Francis Hallinan,Attorney for the Plaintiff, Sheriffs Sale Continued to 8/7/2013 08/07/2013 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 August 7, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Joseph Schalk, on behalf of, Federal Home Loan Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $974.83 SO ANSWERS, October 03, 2013 RONR ANDERSON, SHERIFF yg CO I. ae - • SZ) t- P'1. /hi X335.7 Alfi q 030 ic)CountySuite Sheriff:Telecsoft Inc TJ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal Home Loan Mortgage Corporation is the grantee the same having been sold to said grantee on the 7th day of August A.D., 2013,under and by virtue of a writ Execution issued on the 4th day of February, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 9347, at the suit of Wells Fargo Bank,N.A. SB/M Wells Fargo Home Mortgage Inc. against Lindsey M. Myers and Susan K. Myers is duly recorded as Instrument Number 201336238. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this u day of A.D. 07 6i Are /J r F1 ..,..... Recorder of Deeds of il!'" Ctnrrbodand Coif Ms*AA My , .,. Expires the Fist Mayday of Jan.2014 r r•, PHELAN HALLINAN, LLP By:Joseph E. DeBarberie, Esquire '°? ' 9 M. ' I I: L I Identification No.: 315421 Lauren R. Tabas,Esquire } L. L Identification No.: 93337 One Penn Center Plaza, Suite 1400 Attorney for Plaintiff and Petitioner Philadelphia,PA 19103 (215) 563-7000 WELLS FARGO BANK,N.A., S/B/M : COURT OF COMMON PLEAS WELLS FARGO HOME MORTGAGE, INC. : CIVIL DIVISION Plaintiff : No. 11-9347-CIVIL v. : CUMBERLAND COUNTY LINDSEY M. MYERS • SUSAN K. MYERS • Defendants PETITION FOR SUPPLEMENTARY RELIEF IN AID OF EXECUTION PURSUANT TO RULE 3118 AND NOW COME Plaintiff and Petitioner, the Federal Home Loan Mortgage Corporation ("FHLMC"), by and through their counsel, Phelan Hallinan, LLP, and hereby petition this Court in aid of execution regarding the in rem mortgage foreclosure of premises located at 1852 Sheepford Road, Mechanicsburg, PA 17055-6738, parcel number 13-27-1877- 027 ("the Property"), and in support thereof avers: 1. On October 9, 2003, Defendants made, executed, and delivered a mortgage on the Property to Heartland Home Finance, Inc., in the principal amount of$162,000.00 ("the Mortgage"). The Mortgage was recorded in the Recorder's Office of Cumberland County on October 21, 2003 in Mortgage Book 1841, Page 4307. The Mortgage was subsequently assigned to Plaintiff as evidenced by the assignment of mortgage recorded on December 23, 2003 in Book 704, Page 4811. Copies of the Mortgage and assignment, redacted to remove personal information, are attached hereto, made a part hereof, and marked as Exhibits "A" and "Al". 2. On June 10, 2005, Defendants executed a junior mortgage in the principal amount of $59,638.37 to Wells Fargo Financial Pennsylvania, Inc. which was recorded on June 16, 2005 in Book 1910, Page 4755 ("the Junior Mortgage"). The Junior Mortgage was subsequently assigned to Mortgage Electronic Registration Systems, Inc. ("MERS") as evidenced by the assignment recorded on November 28, 2005 in Book 722, Page 4127. Copies of the Junior Mortgage and assignment, redacted to remove personal information, are attached hereto, made a part hereof, and marked as Exhibits "B" and "B 1". 3. Due to Defendants' default under the terms of the Mortgage by failing to make payments due November 1, 2010, and each month thereafter, Plaintiff initiated the instant action by filing a complaint in mortgage foreclosure on December 21, 2011. A true and correct copy of the docket is attached hereto, made a part hereof, and marked as Exhibit 4. On December 11, 2012, due to Defendants' failure to respond to the Complaint, Plaintiff obtained an in rem judgment against Defendants in the amount of$166,327.88. See Ex. C. 5. On February 1, 2013, Plaintiff filed a praecipe for a writ of execution and listed the Property for the June 5, 2013 Sheriff's sale. See Ex. C. 6. On February 21, 2013, Plaintiff served notice as required by Pa. R.C.P. Nos. 3129.1 & 3129.2 on all known interested parties and holders of liens on the Property informing them of the impending Sheriff's sale. A true and correct copy of the time- stamped certificate of mailing is attached hereto, made a part hereof, and marked as Exhibit"D". 7. On May 6, 2013, the Honorable Thomas A. Placey granted Plaintiff's motion to reassess damages and amended the in rem judgment to the amount of$182,039.61. See Ex. C. 8. The June 5, 2013 Sheriff's sale was postponed by Plaintiff to August 7, 2013, where the Property sold to Plaintiff, which entered the sole and successful bid for Sheriff's costs. 9. Thereafter, Plaintiff assigned its bid to Petitioner, Federal Home Loan Mortgage Corporation ("FHLMC"). 10. A Sheriff's deed conveying the Property to Petitioner is currently being prepared. 11. Plaintiff has now discovered that the Junior Mortgage was assigned to Respondent Household Realty Corp. ("Household") by assignment of mortgage recorded March 6, 2012 at Mortgage Instrument Number 201206675. A true and correct copy of said assignment is attached hereto, made a part hereof, and marked as Exhibit"E". 12. Through inadvertence or mistake, Plaintiff failed to provide notice to Household of the Sheriff's sale although notice was provided to MERS. See Ex. D. 13. Although no notice was sent to Household, the Sheriff's sale of the Property was advertised in a newspaper of general circulation and the Property was posted with a handbill in compliance with Pa. R.C.P. No. 3129.2. 14. The total debt due and owing to Plaintiff on its foreclosure judgment alone at the time of sale was at least $182,039.61. See Ex. C. 15. The fair market value of the Property at the time of sale was $169,900, at most, after repairs. A copy of a Broker's Price Opinion ("BPO"), redacted to remove personal information, is attached hereto, made a part hereof, and marked as Exhibit"F". 16. Due to the diminished value of the Property, there is no reason to conclude that Household would have bid at Sheriff's sale. 17. As evidenced by the results of the sale and the fair market value of the Property, there is insufficient equity in the Property to adequately make the Plaintiff whole as a first lien-holder on the Property, let alone Household as a junior lien-holder. 18. Household was assigned the Junior Mortgage after the instant foreclosure proceedings began; therefore, Household took its interest in the Property subject to this action. 19. Because of the diminished value of the Property and Household acquiring an interest in the Junior Mortgage during the pendency of this action, it is more equitable that the August 7, 2013 Sheriff's sale of the Property be confirmed, rather than force Plaintiff to re-auction the Property at another Sheriff's sale. 20. Plaintiff, Petitioner, and Defendants will be prejudiced by a forced re-auction of the Property that will result in nothing more than the original outcome, a complete lack of competitive bidding. 21. The requested relief will only remove Household's junior lien from the Property and will not affect Household's other remedies for recovering the debt it is owed. 22. Defendants are not represented by counsel but, nevertheless, Plaintiff's counsel attempted to ascertain their concurrence to this motion under Local Rule 208.2(D) by providing copies to Defendants on November 7, 2013. Plaintiff's counsel has not received a response to said request and therefore the Defendants' positions are unknown. A true and correct copy of the certificate of service is attached hereto, made a part hereof, and marked as Exhibit"G". WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant Plaintiff's Petition and confirm the August 7, 2013 Sheriffs sale of the property located at 1852 Sheepford Road, Mechanicsburg, PA 17055-6738, and divest any interest of Household Realty Corp. in said property as though fully notified in accordance with Pa.R.C.P. 3129.2. Respectfully submitted, PHELAN HALLINAN, LLP By: d9 Josep . DeBarberie, Esquire Identi ation No.: 315421 Lauren R. Tabas,Esquire Identification No.: 93337 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 Attorney for Plaintiff PHELAN HALLINAN,LLP By:Joseph E. DeBarberie, Esquire Identification No.: 315421 Lauren R. Tabas,Esquire Identification No.: 93337 One Penn Center Plaza, Suite 1400 Attorney for Plaintiff Philadelphia, PA 19103 (215) 563-7000 WELLS FARGO BANK, N.A., S/B/M : COURT OF COMMON PLEAS WELLS FARGO HOME MORTGAGE, INC. : CIVIL DIVISION Plaintiff : No. 11-9347-CIVIL v. : CUMBERLAND COUNTY LINDSEY M. MYERS • SUSAN K. MYERS • Defendants BRIEF IN SUPPORT OF PLAINTIFF AND PETITIONER'S PETITION I. Factual Background On October 9, 2003, Defendants made, executed, and delivered a mortgage on 1852 Sheepford Road, Mechanicsburg, PA 17055-6738, parcel number 13-27-1877-027 ("the Property") to Plaintiff's predecessor-in-interest in the amount of$162,000.00 ("the Mortgage"). See Exs. A, Al. Almost two years later, Defendants also executed a junior mortgage in favor of Wells Fargo Financial Pennsylvania, Inc. in the amount of$59,638.37 ("the Junior Mortgage"), which was assigned to Mortgage Electronic Registration Systems, Inc. ("MERS") soon thereafter. See Exs. B, B 1. Due to Defendants' default under the terms of the Mortgage, Plaintiff initiated the instant action on December 21, 2011. See Ex. C. Plaintiff obtained judgment against Defendants in the amount of $166,327.88, which was later amended to $182,039.61. See id. Plaintiff filed a praecipe for a writ of execution and the Property was eventually sold at the August 7, 2013 Sheriff's sale where Plaintiff entered the sole and successful bid of Sheriff's costs. Plaintiff thereafter assigned its bid to Petitioner, Federal Home Loan Mortgage Corporation ("FHLMC"); a Sheriff's deed conveying the Property to FHLMC is currently being prepared. In compliance with Pa. R.C.P. Nos. 3129.1 & 3129.2, Plaintiff served notice of the Sheriffs sale on all known interested parties and holders of liens on the Property, the Property was also posted with notice, and notice was advertised in a newspaper of general circulation. See Ex. D. Plaintiff has now discovered that the Junior Mortgage was assigned to Respondent Household Realty Corp. ("Household") after this action was commenced. See Ex. E. Through inadvertence or mistake, Plaintiff failed to provide notice to Household of the Sheriff's sale although notice was provided to MERS. See Ex. D. The total debt due and owing to Plaintiff on its foreclosure judgment alone at the time of sale was at least $182,039.61. See Ex. C. The fair market value of the Property at the time of sale was $169,900, at most, after repairs. See Ex. F. II. Argument The purpose of an in rem foreclosure execution is to expose the property encumbered by the mortgage to a sheriffs sale that will garner proceeds to the benefit of not only the executing mortgagee but ideally to other creditors and the real owners. See Kaib v. Smith, 454 Pa. Super 67, 684 A.2d 630, 632 (Pa. Super. Ct. 1996) ("The purpose of a sheriffs sale in mortgage foreclosure proceedings is to realize out of the land, the debt, interest, and costs which are due, or have accrued to, the judgment creditor."). In order to accomplish that purpose, the applicable rules provide that notice of the sale be advertised in a newspaper of general circulation and a legal publication, that notice be posted at both the property and the Sheriff's office, and that notice be provided to all parties known to the plaintiff to have an interest in the property. See Pa. R.C.P. Nos. 3129.1 & 3129.2. These notices are intended to draw a large potential pool of bidders to the auction to satisfy the executing lien, as well as to allow for those persons with a direct interest in the property to attend the sale and protect their interest. The Rules of Civil Procedure do not require personal service of a notice of sale on those parties who are not the actual owners of the property or defendants; notice by ordinary mail to the interested party's last known address of record is all that is required. See Pa. R.C.P. No. 3129.2. Further, the Rules do not specify the effect of a failure to give notice of a sale, but rather leave the remedy where a failure has occurred "to the courts." See Pa. R.C.P. No. 3129.2, Note & Explanatory Comment. In the instant case, there was a technical defect in the execution process in that a single notice was not mailed to the address of record for a junior lien-holder. Household was not substantively harmed because it would not have bid at the Sheriff's sale, even if it had received notice, due to the lack of value in the Property. The Rules of Civil Procedure Allow This Court to Grant Plaintiff's Relief The Pennsylvania Rules of Civil Procedure provide avenues for an executing creditor to request relief and for the Court to fashion an appropriate remedy. Pennsylvania Rule of Civil Procedure 3118 provides the Court with broad powers in granting relief in aid of execution. These rules are specifically made available in mortgage foreclosure actions. See Pa. R.C.P. Nos. 1149, 3181(a)(4). In addition, Rule 3183 allows for an execution to be set aside upon the discovery of a defect and the Explanatory Comment to Rule 3129.2 points the creditor to the court to remedy an error in the notice process. Finally, Rule 126 provides that "the rules shall be liberally construed to secure the just, speedy, and inexpensive determination of every action or proceeding to which they are applicable." See, e.g., Livingston v. Unis, 659 A.2d 606 (Pa. Commw. Ct. 1995). While the Rules allow for the requested relief, there is a dearth of cases discussing the appropriate remedy in an execution of a senior mortgage foreclosure. Therefore, the Court should examine the relevant facts of the case and the nature of the action involved, together with the available cases and commentary, so that an appropriate remedial effort is matched with the discovered defect. Here, the Junior Mortgage was assigned to Household after this action commenced. Compare Ex. C, with Ex. E. Further, notice was provided to Household's predecessor-in-interest. See Ex. D. Equity Dictates That This Court Grant the Relief Requested Although one potential remedy would be to award a junior lienholder with the survival of its lien on the property, that remedy—particularly as applied to the facts of this case—would be inappropriate and result in an unjustified, and wholly undeserved, windfall to the junior lien- holder. Here, the value of the Property simply was not enough to cover the debt owed by Defendants. The debt owed to Plaintiff was senior to that of the junior lien-holder, Household. If the value of the Property was in excess of the debt, then perhaps allowing the lien to survive would be appropriate, because the executing creditor would, in essence, be gaining a windfall by the omission of notice. However, this harsh remedy should only be awarded in extraordinary cases. Even if Household was aware of the Sheriff's sale, bidding on the Property in order to recoup its losses from a divested lien would not make financial sense. The fair market value of the Property is only $169,900, at most and after making needed repairs. There were no bidders at the sale and the Property was sold to the attorney on the writ for costs. Household would not have thrown good money after bad by paying $182,039.61 to protect its $59,638.37 lien on a house worth less than Plaintiffs judgment. Not one real estate speculator chose to bid at sale or thought there was sufficient value or equity in the Property to even tender a bid. To award the remedy of the survival of the lien in this case would circumvent the intent of the foreclosure and the nature of the priority of security interests, and result in unjust enrichment to the junior lien- holder. Cf. Boyer v. Walker, 714 A.2d 458, 463 (Pa. Super. Ct. 1998) (finding that mortgagee with third lien was not damaged by attorney's failure to forward notice of sheriff's sale under senior mortgage because there was no evidence that another bidder would have bid enough to discharge all prior liens and apply to mortgagee's lien or that mortgagee would have been winning bidder). Another potential remedy would be to set aside the sale and re-auction the Property. While this remedy is attractive for returning the parties to the status quo ante, it will simply lead to the same result as the first execution: a total lack of competitive bidding. If the Rules of Civil Procedure are to be applied for the "just, speedy, and inexpensive determination of every action or proceeding to which they are applicable" then a confirmation of the sale is the most appropriate remedy available. See Pa R.C.P. No. 126. The substantial rights of the junior lienholder in this case were not affected by Plaintiffs mistaken failure to mail a notice. Moreover, forcing a re-sale of the Property will only prejudice Plaintiff and Defendants further by incurring additional fees and costs while continuing to negatively impact Defendants' credit. Finally, under Rule 3129.2, Household is only entitled to notice of the Sheriff's sale by regular mail; this motion, with its accompanying opportunity to come before the Court and be heard, is more than Household was entitled to before the sale. If there was a defect before, then surely this motion can correct it. The requested relief will only remove Household's lien from the Property and will not affect their other rights to collect the debt owed by Defendants. Accordingly, Plaintiff respectfully requests that this Honorable Court grant Plaintiff's Petition and confirm the August 7, 2013 Sheriff's sale of the property located at 1852 Sheepford Road, Mechanicsburg, PA 17055-6738, and divest any interest of Household Realty Corp. in said property as though fully notified in accordance with Pa.R.C.P. 3129.2. Respectfully submitted, P - AN HALLINAN,LLP Date: 17 By: ) Josep DeBar erie, Esquire Identi :tion No.: 315421 Lauren R. Tabas,Esquire Identification No.: 93337 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 Attorney for Plaintiff Exhibit "A" �r"-t T r.ZLE LER R OF DEEDS L;,!;D COON i r c 4ritf:keir;rfo: _3OGT 21 Pitt 2 57 HEARTLAND RCM FINANCE, INC. 1401 BRANDING LANE DOWNERS GROVE, IL 60515 2exa 3Q9^, L 1 (Space Above This Line For Recording Data] t� MORTGAGE. mnoaga: DEFINITIONS PAR= NUM= 13271177027 Words used in multiple sections of this document are defined below and other words are defined in Sections 3,11, 13,18,20 and 21.Certain rules regarding the usage of words used in this document are also provided in Section 16. (A)"Security instrument"means this document,which is dated OCTOBER 9, 2003 together with all Riders to this document. (B)"Borrower"is LINDSEY M. MYERS AND SUSAN K. MYERS, HUSBAND AND WIFE Borrower is the mortgagor under this Security Instrument. (C)"Lender"is HEARTLAND HOME FINANCE, INC. Lender is a CORPORATION organized and existing wider the laws of ILLINOIS . Lender's address is 1401 BRANDING LANE DOWNERS GROVE, IL 60515 Lender is the mortgagee under this Security Instrument. (D)"Note"means the promissory note signed by Borrower and dated OCTOBER 9, 2003 The Note states that Borrower owes Lender ONE HUNDRED SIXTY-TWO THOUSAND AND 00/100 Dollars(U.S.$ 162,000.00 )plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than NOVEMBER 1, 2033 (E)"Property"means the property that is described below under the heading"Transfer of Rights in the Property." (F)"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. (G)"Riders"means all Riders to this Security Instrument that are executed by Borrower,The fol]owing Riders are to be executed by Borrower[check box as applicable]: 0 Adjustable Rate Rider []Condominium Rider 0 Second Home Rider 0 Balloon Rider []Planned Unit Development Rider 0 Biweekly Payment Rider 0 1-4 Family Rider ❑Other(s)[specify] (H)"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. (I)"Community Association Dues,Fees,aad Assessments"means all dues,fees,assessments and other charges that are imposed on Borrower or the Property by a condominium association,homeowners association or similar organization. (J)"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. PENNSYLVANIA--Single Family—Fannin Mae/Freddle Mac UNIFORM INSTRUMENT Form 3039 I/01 DOCUIPAI !Page 1 of 13 pages) DOMViPAi.Vrt 06/13/1003 Financial nanciai j1 Petal Center West 131dg.Oa%Bulb 301 Pittsburgh.PA 16376 41248g-4700 BK 184 I PG4307 •n..r,_.,nAn n.ra.n, A6■ _ _ rrIanocoi_A min crnt-MTV_ Jnet_#2f1035Rf55.-P_ann_1nf14 (K)"Escrow Items"means those items that are described in Section 3. (L)"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. (M)"Mortgage Insurance"means insurance protecting Lender against the nonpayment of,or default on,the Loan. (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. (0)"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.Part 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. 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 Lender the following described property located in the COUNTY (Type Of Recording lurudicSon) of CUINBERLAND (Name of Recording Jurisdiction) SEE LEGAL DESCRIPTION ATTACHED. which currently has the address of 1852 SHIIPFORD RD. [awl 1B CHANICSBURG ,Pennsylvania 17055 ("Property Address"). [Cityl (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 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 unencunnbeted,except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against an 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—Faaste Mae/Freddit Mae UNIFORM INSTRUMENT Form 3039 Vat 2000lPA2 (Page 1 of 13 pages) ec usna.VTX 06/24/2002 BK 1 814 l PG4348 a+-.-.4 4 r, o.an_c-ni.abm/_. ___ . _._ ____1110it.2ffl' AAC_c-Panrt?.nf 14_. • UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows: I.Payment of Principal,Interest,Escrow Items,Prcpaynsent 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 are insured by a federal agency,instrumentality,or entity;or(d)Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated In the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15.Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan 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 Instilment,and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due,the payment may be applied to the delinquent payment and the late charge.If more than one Periodic Payment is outstanding,Lender may apply any payment received front 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 duo date,or change the amount,of the Periodic Payments. 3.Funds for Escrow items.Borrower shall pay to Lender on the day Periodic Payments are due under the Note,until the Note is paid in full,a sum(the"Funds")to provide for payment of amounts due for:(a)taxes and assessments and other items which can attain priority over this Security lnstrwnent as a lien or encumbrance on the Property;(b)leasehold payments or ground rents on the Property,If any;(c)premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called"Escrow Items."At origination or at any time during the term of the Loan, Lender may require that Community Association 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 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 PENNSYLVANIA—Single Family—Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Forma 3039 IRl oocu,Par (Page 3 of l3 pages) DOCV1.3.V17t 33/e1/1000 BK 184 I PG4309 nurrnndn c,eo-nd nns_. rl Ir,sRncI.nMR Crti INITY Inst#2(10358655-Patio 3 of 14 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 15 and,upon such revocation,Borrower shall pay to Lender all Funds,and in such amounts,that are then required under this Section 3. Lender may,at any time,collect and hold Funds in an amount(a)sufficient to permit Lender to apply the Funds at the time specified under RESPA,and(b)not to exceed the maximum amount a lender can require under RESPA.Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency,instrumentality, or entity(including Lender,if Lender is an institution whose deposits 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, Lender shall not be required to pay Borrower any interest or earnings on the Funds.Borrower and Lender can agree in writing, however,that interest 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 Lender 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 deemed under RESPA, Lender shall notify Borrower as required by RESPA,and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA,but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument,Lender shall promptly refund to Borrower any Funds held by Lender. 4,Charges;Liens,Borrower shall pay all t axes,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 these items are Escrow Items,Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:(a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender,but only so long as Borrower is performing such agreement; (b)contests the lien in good faith by,or defends against enforcement of the lien in,legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending,but only until such proceedings are concluded;or(c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument.If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument,Lender 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, F N SVLVANIA-Suiglc Family-•Faaak Mac/FrsddIs Mac UNIFORM INSTRUMENT Farm 3039 I/01 Don..i Pm (Page 4 off 3 pages) DOCV]w4.vYX 11/Ci/ZOO BK 184 I PG4310 _Cit 01 Jr rrntlsrr __. . _ Inst#200358655-Pane 4 of 14 ,r� • 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-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification.Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. 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 bays 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 Lender,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 Use 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 parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower,If the restoration or repair is not economically feasible or Lender's security would be lessened,the insurance 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 insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property,Lender may file,negotiate and settle any available insurance claim and related matters.If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may negotiate and settle the claim.The 30-day period will begin when the notice is given.In either event,or if Lender acquires the Property under Section 22 or otherwise,Borrower hereby assigns to Lender(a)Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument,and(b)any other of 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 dut. 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 least one year after the date of occupancy,unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrower's control. 7.Preservation,Maintenance and Protection of the Property;Inspections.Borrower shall not destroy, damage or impair the Property,allow the Property to deteriorate or commit waste on the Property.Whether or not PENNSYLVANIA-Single Family—Finale Mae/Freddie Mac UNIFORM INSTRUMENT Farm 3039 INl WCUIPA1 (Page 5 q/IJ pages) 11CCOIM3 P VT% 13/02/s ooa BK 184 1 PG43 1 1 ^""^^'^ "^^• ••• _. i^,u.nr..ni nnir,rrnu,nrry inct S 7t111-4 RR55-Pants S of 14 Borrower is residing in the Property,Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition.Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible,Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to,or the taking of,the Property,Borrower shall be responsible for repairing or restoring the 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 knowledge or consent gave materially false,misleading,or inaccurate information or statements to Lender(or Riled to provide Leader 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 Leader'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 Property.Lender's actions can include,but are not limited to:(a) paying any sums secured by a lien which has priority over this Security Instrument;(b)appearing in court;and(c) paying reasonable attorneys'fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding.Securing the Property includes,but is not limited to, entering the Property to make repairs,change locks,replace or board up doors and windows,drain water from pipes, eliminate building or other code violations or dangerous conditions,and have utilities turned on or off.Although Lender may take action under this Section 9,Lender does not have to do so and is not under any duty or obligation to do so.It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. 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. Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground lease. Borrower shall not,without the express written consent of Lender, alter or amend the ground 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. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect.If,for any reason,the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender, If substantially equivalent Mortgage Insurance coverage is not available,Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect.Lender will accept,use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable,notwithstanding the fact that the Loan is ultimately paid in full,and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve.Lender can no longer require loss reserve payments if Mortgage Insurance coverage(in the amount and for the period that Lender requires)provided by an insurer selected by Lender again becomes available,is obtained,and Lender requires separately designated PENNSYLVANIA—Single Family-•Faoak Moo/Freddie Mae UNIFORM INSTRUMENT Form 3039 1/01 rwcutPA' (Page 6 of 13 pageal OOOOIPA6.VTX 1l/03/1000 BK 1 8 4 I PG 4312 �,•�,�� _�_�•_�•�__ ruaaoroe Anno_relunerv___ Inst#700358655-Pate 6 Of 14 payments toward the premiums for Mortgage Insurance.If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect,or to provide a non-refundable loss reserve,until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law,Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender(or any entity that purchases the Note)for certain losses it may incur if Borrower does not repay the Loan as agreed.Borrower is not a party to the Mortgage Insurance, Mortgage insurers evaluate their total risk on all such insurance in force from time to time,and may enter into agreements with other parties that share or modify their risk,or reduce losses.These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party(or parties)to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available(which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements,Lender,any purchaser of the Note,another insurer,any reinsurer,any other entity,or any affiliate of any of the foregoing,may receive(directly or indirectly)amounts that derive from (or might be characterized as)a portion of Borrower's payments for Mortgage Insurance,in exchange for sharing or modifying the mortgage insurer's risk,or reducing losses.tf such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer,the arrangement is often termed"captive reinsurance."Further: (a)Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance,or any other terms of the Loan.Such agreements will not increase the amount Borrower will owe for Mortgage Insurance,and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has—If any—with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law.These rights may include the right to receive certain disclosures,to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11.Assignment of Miscellaneous Proceeds;Forfeiture.All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged,such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened.During such repair and restoration period,Lender shall have the right to hold such Miscellaneous Proceeds until 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,destruction,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. PENNSYr.VAN1A•'Stngk Famiiy.Faaale Mae/Freddie Moe UNIFORM INSTRUMENT Form 3839 1/0t roc()I Per (Page 7 of 13 pages) O0C410A0.VT% II/0/2000 BK164IK4313 10/15/2010 8:58:04 AM CUMBERLAND COUNTY Inst.#200358655-Page 7 of 14 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 within 30 days after the date the notice is given,Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due."Opposing Party"means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds, Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment,could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument, Borrower can cure such a default and, if acceleration has occurred,reinstate as provided in Section 19,by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment,precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to 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. 12.Borrower Not Released;Forbearance By Lender Not a Waiver.Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower.Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower,Any forbearance by Lender in exercising any right or remedy including,without limitation,Lender's acceptance of payments from third persons,entities or Successors in Interest of Borrower or in amounts less than the amount then due,shall not be a waiver of or preclude the exercise of any right or remedy. 13.Joint and Several Liability;Co-signers;Successors sad 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 Lender and any other Borrower can agree to extend,modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18,any Successor in Interest of Borrower who assumes 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 20)and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default,for the purpose of'protecting Lender's interest in the Property and rights under this Security Instrument,including,but not limited to,attorneys' fees,property inspection and valuation fees.In regard to any other fees,the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee.Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges,and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b)any sums already collected from Borrower which exceeded permitted limits will be refunded to PENNSYLVANIA—Single Family—Fannie Mae/Freddle Mae UNIFORM INSTRUMENT Form 3039 I/at oocu IPAr (Page 8 r,f 13 pages) a0LV>Mt.vtx 1.1/02/2000 BIC 1841 PG4314 _Amu C,enan n,rn,n.t-SA2_ -__ __.-_..- __-.-. Cs talnnot n him rtcluMMTY_-.- - ---_Instil 21103S88Ev5_-PAWL of 14..- Borrower.Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower.If a 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 arty right of action Borrower might have arising out of such overcharge. 15.Notices.All notices given by Borrower or Lender in connection with this Security Instrument must be in writing.Any notice to Borrower in connection with this Security Instrument shall be deemed to 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.There may be only one designated notice address under this Security instrument at any one time.Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower.Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender.If any notice required by this Security Instrument is also required under Applicable Law,the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16.Governing Law;Severabllity;Rules of Construction.This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located.All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law.Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent,but such silence shall not be construed as a prohibition against agreement by contract,In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law,such conflict shall not affect other provisions of this Security Instrument or the 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. 17.Borrower's Copy.Borrower shall be given one copy of the Note and of this Security Instrument. 18.Transfer of the Property or a Beneficial Interest in Borrower.As used in this Section 18,"Interest in the Property"means any legal or beneficial interest in the Property,including,but not limited to,those beneficial interests transferred in a bond for deed,contract for deed,installment sales contract or escrow agreement,the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option,Lender shall give Borrower notice of acceleration.The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument.If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Interment without further notice or demand on Borrower. 19.Borrower's Right to Reinstate After Acceleration.If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a)five days before sale of the Property pursuant to any power of sale contained in this Security Instrument;(b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate;or(c)entry of a judgment enforcing this Security Instrtunem.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 Lander may reasonably require to assure that Lender's interest in the PENNSYLVANIA--Singtc Funily—Faanic Mac/Freddie Mae UNIFORM INSTRUMENT Form 3039 L/01 ooeui rwa (Page 9 0.113 pages) O0aZP*0 Vin( 11/02/2000 BK 184 I PG 43 15 n•co.ne ri issRCAi akin cnI lNNTV Inst.#200358655-Pape 9 of 14 Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security instrument,shall continue unchanged.Lender may require that Borrower pay such reinstatement turns 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 18. 20,Sale of Note;Change of Loan Servicer;Notice of Grievance.The Note or a partial interest in the Note(together with this Security Instrument)can be sold one or more times without prior notice to Borrower.A sale might result in a change in the entity(known as the"Loan Servicer")that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note,this Security Instrument,and Applicable Law.There also might be one or more changes of the Loan 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 Servicer,the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing.If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note,the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence,join,or be joined to any judicial action(as either an individual litigant or the member of a class)that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of,or any duty owed by reason 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 15)of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action.If Applicable Law provides a time period which must elapse before certain action can be taken,that time period will be deemed to be reasonable for purposes of this paragraph.The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21,Hazardous Substances,As used in this Section 21:(a)"Hazardous Substances"are those 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 presence,use or release of a Hazardous Substance which adversely affects the value of the Property.if Borrower learns,or is notified by any govemmenal or regulatory authority,or any private party,that any removal or other remediation of any Hazardous Substance affecting the Property is PENNSYLVANIA—Single Family--Faeak Mae/Freddie Mac UNIFORM INSTRUMENT Fern 3039 1/O1 DOCU 1PAN (Page 10 of 13 pager) DOCUIPM.V2o 11/00/2000 BK1814 IPG43I6 n,,00nrn.A hen.rnin,1TV __. _... lost.#7(1(1358655-Pane 10 of 14 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: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under Section IS unless Applicable Law provides otherwise).Lender shall notify Borrower of,among other things:(a)the default;(b)the action required to cure the default;(t)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 judicial proceeding and sale 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 alleluias secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding.Lender shall be entitled to collect all expenses Incurred in pursuing the remedies provided in this Section 22,including,but not limited to,attorneys'fees and costs of title evidence to the extent permitted by Applicable Law. 23.Release.Upon payment of all sums secured by this Security Instrwnent,this Security Instrument and the estate conveyed shall terminate and become void.After such occurrence,Lender shaft 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. 24. Waivers. Borrower,to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument,and hereby waives the benefit of any present or future laws providing for stay of execution,extension of rime,exemption from attachment,levy and sale,and homestead exemption. 2S.Reinstatement Period.Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26.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. 27.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. PEN?SVLV.ANIA-•Single Family—Fannle Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 oaezirAn (Page II of 13 payer) „4al:PAe.V, oc/54/5,,2 BK 184 I PG 4317 "" �i ieeocI:/i Anon •n IniTV Jngt#700358fi55-Pace 11 of 14 BY SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security Instrument in any Rider executed by Borrower and recorded with it. i 4' '? �yrj /O/4 /O 3 — BOA R - L 0f BEY M. liYERB — DATE H•RROWSR — SUSAN "/MYERS — DATE — PENNSYLVANIA—Single Family--Fannit Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 IXICUIPA12 (Page 124'13 pagrs) OagRT..vt%Of/efnaa= pi{ 1841 PG 4 PG I 3 I 8 nn�iunry n_o-rr•n4_ns a___ __ CIJAtRERI nMr\rnl IAITV_ Inst#7(10358655-Paae 12 of 14 ISpaee Below This Line For Acknowledgment] 'Commonwealth or "e,,,, � •ea.in• ,County of CA+.rr .R w+- On this the !. day of ce 4,1 e.‘111+..■^2-COW'1• ,before me, the undersigned officer,personally appeared lr,nb.s•a • NMus.44,10 j-'sus*.a K. My..ta letown tome(or satisfactorily proven)to be the person(s)whose name(s) °"-"-- subscribed to the within instrument and acknowledged that executed the same for the purposes therein contained. In wimess whereof,1 hereunto set my hand and official seal. Title of Officer CERTIFICATE OF RESIDENCE I, )044)k h - do hereby certify that the correct address of the within-named lender is 1401 BRANDING SANE DOWNERS GROVE, IL 60515 witness my hand this 9TH day of OCTOBER, 003 - _It A A Age It*der a Ic vtc Fresliwcrt --- COMM* - TH OF- NNSYLV WY S UirK.K Notinolfto q uanartiftlein AgY18,2007 Mental Fenn4OvroaArerioknOt PENNSYLVANIA—Single Family—Fanaie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 I/01 DOt.'OIPAI) /Pagt!3 gf13 pages) 60001 IMP.4072 00/24/2002 Certify this to be recorded �„•-'r-rland County PA I.;„4.., BK 1 841 PG43 19 10/15/2010 8:58:04 AM CUMBERLAND COUNTY Inst.#200358655-Page 13 of 14 • All that certain piece or parcel of land situate in the Township of Lower Allen,County of Cumberland and Commonwealth of Pennsylvania.more particularly bounded and described in accordance with a certain subdivision plan made for Preston L.Ward by 0.P.Raffensperger Associates on May 1,1972(revised August 22,1972)and recorded in the Cumberland County Recorder's Office in Plan Book 23,page 68,as follows; Beginning at a point on the southern right-of-way line of Sheepford Road(Township Road 646);which said point is at line of lands now or formerly of Richard B.Ward and Marian C.Ward,his wife,and is located at a distance of twenty-five and two one-hundredths(25.02)feet from the center line of Sheepford Road measured along a course of South twenty-six(26)degrees forty-seven(47)minutes East,from the northeast corner of said lands now or formerly of Richard M.Ward and Marian C.Ward,his wife;thence along said line of lands now or formerly of Richard M.Ward and Marian C.Ward,his wife,and along other lands now or formerly of Preston L. Ward,South twenty-six(26)degrees forty-seven(47)minutes West,a distance of two hundred and eighteen one hundredths(200.18)feet to a point;thence continuing along other lands now or formerly of Preston L.Ward the following two(2)courses and distances;(1)South sixty-five(65)degrees thirty-seven(37)minutes East,a distance of one hundred(100)feet to a point;thence North twenty-six(26)degrees forty-seven(47)minutes East,a distance of two hundred and eighteen one-hundredths(200.18)feet to a point on the southern right-of-way line of Sheepford Road(Township Road 646)first mentioned above;thence along the southern right-of-way line of said Sheepford Road(Township Road 848)North sixty-five(55)degrees thirty-seven(37) minutes West,a distance of one hundred(100)feet to a point on the same at line of lands now or formerly of Richard M.Ward and Marian C.Ward,his wife,the point and place of beginning. Parcel#13-27-1877-027 (2003090291/2003090291'17) < t is to be tt iy tf t recorded �n C:unlbcrland County PA Recorder of Deeds 8K 184 ! PG 4320 _... Lia in_A_Klfn_nrm_t&LTV_ 1nsL#.2no35Mfi5s-Pane 14 o114 Exhibit "Al" (Dzs- t-[ ROBERT P. ZIEGLER RECORDER OF DEEDS PREPARED BY: t :..RLAtW COUt'4T HEARTLAND HOME FINANCE,NC, 1 1401 BRANDING LANE,SUITE 300 )3 DE 23 Pil 1 11 DOWNERS GROVE,IL 60515-1171 AND WHEN RECORDED MAIL TO: NAM E Ohio Clear Title Agency Inc. ADDRESS D.B.A.Clear FInaracleJServfaa CITY& Penn Clear West Bldg One Suite 102 Pittsburgh,PA 15276 STATE 412.788-4700 LOAN NO.214011-9751 SPACE ABOVE THIS LINE FOR RECORDER'S USE Pe 010050 j6d 9/ Corporation Assignment of Mortgage FOR VALUE RECEIVED,the undersigned hereby grants,assigns and transfers to WELLS FARGO HOME MORTGAGE, INC.,A CALIFORNIA CORPORATION,3601 MINNESOTA DRIVE,BLOOMINGTON, MN 55435 all the rights,title and interest of the undersigned in and to that certain Mortgage dated October 9,2003, executed by LINDSEY M. MYERS AND SUSAN K. MYERS, HUSBAND AND WIFE,to HEARTLAND HOME FINANCE, INC.,a corporation organized under the laws of The State of Illinois,and whose principal place of business is 1401 Branding Lane,Suite 300,Downers Grove, IL 60515. Recorded on October 21,2003 CUMBERLAND County Records Instrument No. State of PENNSYLVANIA Book 1841,Pages 4307 described hereafter as follows: SEE ATTACHED LEGAL DESCRIPTION Item No. L Date of Execution:October 9, 2003 ALSO KNOWN AS: 1852 SHEEPFORD RD.,MECHANICSBURG, PENNSYLVANIA 17055 TOGETHER WITH the Note or Notes therein described or referred to,the money due thereon with interest,and all rights accrued or to accrue under said Mortgage. Certificate of Residence I hereby certify the precise address of the within assignee is: 3601 MINNESOTA IVE, BLOOMINGTON,MN 55435 Terry N. cock BOOK 704 P4cE4811 • _. nu.v.nn.,_n_e.(I.na._Ana _ _.... rb u"nrn, , ,,n r•11,miry Inrt fF')/VIZRRRRA_P•nn 1 of HEARTLAND HO FINANCE,INC STATE OF Illinois I COUNTY OF Du Page 4 A+ On October 9,2003, before me,the By: JI OV undersigned, a Notary Public in and Its: Vic; -resident for said County and State,personally appeared JIM GOVEIA, known to me to be the Vice President of HEARTLAND HOME FINANCE, INC., By: and known to be of the Corporation Its: herein which executed the within Instrument,that the seal affixed to /3 • Gk_ said Instrument is the Corporate Seal of said Corporation; that said Instrument Witness: Terry , ocock was signed and sealed on behalf of said Corporation pursuant to its by-laws or a Resolution of its Board of Directors and that he/she acknowledges said Instrument Witness: SERGIO CARRILLO to be the free act and deed of said Corporation. -4R 4- pFF!(]ALSEAL Notary Public ( Clo �, pC � LOtAFPRATER N oTARYPi N CSTA'ISOFILLINOIS County: µfA`r" tEXP OC'f.`V My Commission Expires: O a oACD NOME p (THIS AREA FOR OFFICIAL NOTORIAL SEAL) oCt? 144, SEAL ,`L'N,O-,0% BOOK 701 PAGE 4812 Ineocoi-AMC,r_ni_urrv_ Inct#7(1036ARfl4-Pann 2 of 3 All that certain piece or parcel of land situate in the Township of Lower Allen,County of Cumberland and Commonwealth of Pennsylvania,more particularly bounded and described in accordance with a certain subdivision plan made for Preston L. Ward by D. P.Raffensperger Associates on May 1, 1972(revised August 22, 1972)and recorded In the Cumberland County Recorder's Office in Plan Book 23, page 68, as follows: Beginning at a point on the southern right-of-way line of Sheepford Road(Township Road 646);which said point i is at line of lands now or formerly of Richard 8.Ward and Marian C.Ward, his wife,and is located at a distance of twenty-five and two one-hundredths (25.02)feet from the center line of Sheepford Road measured along a course of South twenty-six(26)degrees forty-seven{47)minutes East,from the northeast corner of said lands now or formerly of Richard M.Ward and Marian C.Ward,his wife;thence along said line of lands now or formerly of Richard M.Ward and Marian C.Ward,his wife,and along other lands now or formerly of Preston L. Ward, South twenty-six(26)degrees forty-seven(47)minutes West,a distance of two hundred and eighteen one hundredths (200.18)feet to a point;thence continuing along other lands now or formerly of Preston L.Ward the following two(2)courses and distances;(1)South sixty-five(65)degrees thirty-seven (37)minutes East,a distance of one hundred (100)feet to a point;thence North twenty-six (26)degrees forty-seven(47)minutes East,a distance of two hundred and eighteen one-hundredths(200.18)feet to a point on the southern right-of-way line of Sheepford Road (Township Road 646)first mentioned above;thence along the southern right-of-way line of said Sheepford Road (Township Road 646)North sixty-five(65)degrees thirty-seven(37) minutes West,a distance of one hundred (100)feet to a point on the same at line of lands now or formerly of Richard M. Ward and Marian C.Ward,his wife,the point and place of beginning. Parcel#13-27-1877-027 • I Certify this to be record - In Cumberland County PA 0''L -I° Vic...' Recorder of Deeds Boost 704 PACE 4 313 wn,erenne n_n.rn.v ARA C1 IAAf7C01 Ann rni ieiw Ins(#_2003AARR4-Paae 3 of 3 Exhibit "B" f':C5Ei;'r o Z[EGL[_R IEvoROER OF DEE).3 2405 JUN 16 Ail 9 39 [Space Above This Line For Recording Data] MORTGAGE THIS MORTGAGE("Security Instrument")is given on 06/10/05 The mortgagor is Li,N4$EY,M,.,M1:0R$,MR,$(1$AN K. MYC NS, HU$BANp_.AN4.MiF� ("Borrower"). This Security Instrument is given to Wells Fargo Financial Pennsylvania,Inc.,which is organized and existing under the laws of Pennsylvania,and whose address is.206. .TH)RD,ST.St))]'F 110 H,A IS,B,t�RG, PA 17101 ("Lender"). Borrower owes Lender the principal stun of FIFTY NINE THOUSAND SIX HUNDRED THIRTY EIGHT DOLLARS AND THIRTY SEVEN CENTS Dollars(U.S $ 59638.37 ).This debt is evidenced by Borrower's note dated the same date as this Security Instrument("Note"),which provides for monthly payments,with the full debt,if not paid earlier,due and payable on OD/15/20 .This Security Instrument secures to Lender:(a)the repayment of the debt evidenced by the Note,with interest,and all renewals,extensions and modifications of the Note;(b) the payment of all other sums,with interest,advanced under paragraph 7 to protect the security of this Security Instrument; and (c) 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 Lender the following described property located in CUMB�Rl AN4......................County,Pennsylvania: SEE ATTACHED ADDENDUM which has the address of 1852 SHEEPFORD ROAD MECHANICSBURG [sau11 fowl Pennsylvania 17055 ("Property Address"); [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 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. Pape 1 of 6 PM40e&-0404 SK 19 10PG4755 nl i,enrn, rein nni inrry I.,ct It 9nn^i911A0_Pane 1 of 7 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, • UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows: I. Payment of Principal and Interest;Prepayment and Late Charges.Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance.If requested by Lender in writing and subject to applicable law,Borrower shall pay to Lender on the day monthly payments are due under the Note,until the Note is paid in full,a sum("Funds")for:(a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property;(b)yearly leasehold payments or ground rents on the Property,if any; (c)yearly hazard or property insurance premiums; (d)yearly flood insurance premiums,if any;(e)yearly mortgage insurance premiums,if any;and(f)any sums payable by Borrower to Lender,in accordance with the provisions of paragraph 8,in lieu of the payment of mortgage insurance premiums.These items are called"Escrow Items."Lender may,at any time,collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C.§2601 er seq.("RESPA"),unless another law that applies to the Funds sets a lesser amount.If so,Lender may,at any time,collect and hold Funds in an amount not to exceed the lesser amount.Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency,instrumentality,or entity (including Lender,if Lender is such an institution)or in any Federal Home Loan Bank.Lender shall apply the Funds to pay the Escrow Items. Lender may 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. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan,unless applicable law provides otherwise.Unless an agreement is made or applicable law requires interest to be paid,Lender shall not be required to pay Borrower any interest or earnings on the Funds.Borrower and Lender may 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,showing credits and debits to the Funds and the purpose for which each debit to the Funds was made.The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law,Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law.If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow hems when due,Lender may so notify Borrower in writing,and,in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments,at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument,Lender shall promptly refund to Borrower any Funds held by Lender. If,under paragraph 21, Lender shall acquire or sell the Property,Lender,prior to the acquisition or sale of the Property,shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied:first,to any prepayment charges due under the Note;second,to amounts payable if any under paragraph 2;third,to interest due;fourth,to principal due;and last,to any late charges due under the Note. 4. Charges;Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. If applicable Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment.Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph.If Borrower makes these payments directly,Borrower shall promptly furnish to Lender receipts evidencing the payments. 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;(b)contests in good faith the lien by,or defends against enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument.If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument,Lender may give Borrower a notice identifying the lien.Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. S. Hazard or 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 floods or flooding, for which Lender requires insurance.This insurance shall be maintained in the amounts and for the periods that Lender requires.The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld.If Borrower fails to maintain coverage described above,Lender may,at Lender's option,obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. Page 2 of B PA-2000-0404 BI{ I9I0PG4756 u,r of ,min rn IKITV last#200521150-Paue 2 of 7 All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals.If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. 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,insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. 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 Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property,or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds.Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then due.The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments.If under paragraph 21 the Property is acquired by Lender,Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy,Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds.Borrower shall occupy,establish,and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrower's control.Borrower shall not destroy,damage or impair the Property,allow the Property to deteriorate,or commit waste on the Property.Borrower shall be in default if any forfeiture action or proceeding,whether civil or criminal,is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest.Borrower may cure such a default and reinstate,as provided in paragraph 18,by causing the action or proceeding to be dismissed with a ruling that,in Lender's good faith determination,precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest.Borrower shall also be in default if Borrower,during the loan application process,gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with any material information)in connection with the loan evidenced by the Note,including,but not limited to,representations concerning Borrower's occupancy of the Property as a principal residence.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. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property(such as a proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument,appearing in court,paying reasonable attorneys'fees and entering on the Property to make repairs.Although Lender may take action under this paragraph 7,Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument.Unless Borrower and Lender agree to other terms of payment,these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable,with interest,upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance.If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage Insurance previously in effect,from an alternate mortgage insurer approved by Lender.If substantially equivalent mortgage insurance coverage is not available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect.Lender will accept,use and retain these payments as a Ioss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance coverage(in the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained.Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve,until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. i''+0o 9 of 6 B1{ 1 9 1 0 PG 4 7 5 7 P110058-0404 4nitrInn_an_c.c■-11_nae -_ -_-- i MAPIPPI_nt in CnV inaV_ Inst_#2(1052118f1-Pane 3 of 7 • 401,0990E-Vd 910?saki 'tuaumpsur A1unaas SRI 3o pus moN alp jo,(dos pauuojioa auo uanr8 aq rlegs»MOUOg•,CdoD s,aamolaog•9r 'aigaaanas aq of paaspap OJS atoN atp pus mammal ,(ipnoas sup jo suorsrnold aqi pua sup oi,•uorsrnoad 8upatguoo uqi inoquM loo a uant8 aq use gor4M moN art ao uiuumnsul,SJpnoas sup;o suorsrnoad aario toa3;ie toil Hags ipipuoa guns`Mel aigeprldde gout slorguoo atorl art ao tuamnatsul/4171325 S11?)JO asnep so aotsuold Aus pup?sans ow Tor Toppi si Auudosd art golgAt tar uoparpsrmf art jo Mal ay pue nter rw3pu3 (q patuano8 aq hags ivaamx3stg Alm oas sum'aflgsaanas !Ats'j auiwaAO)'S1 'rdsassaed sup tit papinoad se Ian's uagM lapua-i ao aaMOUOg of 1124 uaaq aneq of pump aq iisgs 1ustmuisui Allman srgf for ao;paptnoad aopou dry•aantouog of aopou Aq satsusrsap aapua-i ssaipps aagio urasaq papers ssaapps s.aapuor of flew ssup wag dq uant8 aq pegs aapual of aopou Arty*opal of aopou dq somuStsap Jantouog ssaapps ampo Awe Jo ssaappy Luadoad art of patoaarp aq pegs aopou pry•potnaw as nose;o asn saiinbaa Mal argaorpdds ssatun iryw slap isii;Aq it Suripew ,(q ao 11 Bupantiap £q uaAO' aq !rags 3uauma1sui Aipnaas sup ut ao;paprnoad 1antoaaog of aopou Arty•saapow'bI -morl alp aapan 38atrgo tuaw.(sdaui Age 1noglrnt ivawdedald'slued e se paean aq flan uoponpaa art`ledpuiad saonpaa pun;aa e;i•aaMoaa a of 1uaw,isd iaulp e Supiew Aq ao a3oN aq1 aapun panto iedpuud ai i Sutonpaa,(q putyaa sup ulna of asooga,Caw aapua-i•aamo1aog W paptm;aa ul!TTA1 spun!paffuutad pupa:rasa gargAt nAtouog tuna;p2ea2[(O3 dpe3iis sums Aug(q)pus:luau format-4 atp of a8atrga art aanpaa at.(messaaau runts ago Aq pounpaa aq map 28aego uaor guns,Ate(e):uagt'sfiwrf paifrwaad art paaaza nsol aqi wrM uopaauuoo ur pz upon aq of 10 patoairoa sa$lega ueoi amp()ao tsaaetut art'mg)os pataadaa3ur,(Haag st Mel rem pus`sa8asgo usol unlutpretu stay gatrAt Mei s 01 toafgns si mounting dtrmoas sup ,(q pampas usol ago 3i •saSaegpuuo'i'£T luasuoa s,laMtulog tarp inog3LM atoN art ao 1uaWnatsur,Cfranaas sup o squat art of pJesaa 341 M suogapowmoaos,Ctrs aa[BW ao nati o;'Arpow'puma of a318s,Sew»ntoaaog aatpo hue pus aapuo i Isgf sagas(o)pus!taaunmsai Apumoas sup£q pampas sums art Aed of pals rrgo hlleuostad tou st(q)!matunatsui'SttmO3s sup jo suuaf ow aapun A3ladoad ago ut;sa»tut s,auMOUog tag;danuoo pus urea'a8e8uom at hind tuaumxfsui Apsnoas sup guiuiis-oo sr(s):atom agi ainaara 3011 swop 1nq fuatuTWSUi d3lanaaS sup SUBIS-00 orm.lantoaaog ,(UV•fe»nas pus tarot aq rings s3uaWaaasa pus s3uesan00 s.a2nt0Uog 'Ll gdeaSaasd ;o saorstn0Jd art of potting'aantouos pus»pua°!;o sa8rsss pus saoss000ns alt igattaq Pas ping"rugs 3uawnJ3sUl Atrmous sup 3o stUawaaJgs pus slueuanoo aqi,'saauSrs-op!,Cai[igtin isaanas pus tutor tpUnog sUBissyr pus saossoaans"zr ',Spawar ao 31 J Aug jo aspaora atp apnpaid ao;o IOn1BM a aq tou flags,(paws'ao pap,Sue Sursiaaax3 of aapuf,Cq apueasagao;Xuy•isaautur ur slossaosns s.a2A%olaog.10 aantoazog ieul2uo art hq apstu puetuap Cue;o uossaa Aq tuaumlisui/aromas sup Aq porous stuns ago p uopazpaows hjfpotu asrnuatpo Jo fuautAed ao;amp pua1ra of asn;aa ao Isaaaiu!aI aossaaons,sae muds sSurpaaaoad avaatnu[aa of patrnbaa aq 3ou ITegs iapua-i•1s0103U!Ur saossaaons s,1aMO1aog 10 aantouog rearSp°aqp;a,Ctlligell atu Susumu of ataaad°too rums nntouog ;o 3sasa3tn uI aossaoons Cut:of»peal hq papayas tuatuntfsui Apron sup dq pampas sums ow Jo uopszpaouie p Uorpoogtpow 10 tuatuhed 10; amp art ;o uor5Ua3xg '.12AprM s roN aapua'i ,Cg aausasagaog tpassapg ;oH au/mooing'n! •spuaul,Cad guns p mows at42 asusgp 10 z pus r sgdeaSsasd w of pampa spuatu ed Algoma sip jo soap sap atp aaodisod so puatra tau liars isdraupd of spaaaold;o uopsatidde Aus'suppAt at 3a1$e 551M10tuo JOMO,uog pus aapua'i ssarall •anp trap tou Jo aagiagM yuaumusui■Sirmaas sup hq pampas stuns art Ot 10,Staadoj atp;o arsdaa ao uopeaolsaa of rag3[2'aopdo sr!pi'spaaaaad art ,Cidds pus pailop o1 pazpotpns sr aapus 'rams sr aorfou alp slap 5341 aa1;e s.Cup p£urgtlm»purl of paodsaa of sirs;au/wawa'sa8stusp ao;turep a autos ao prints us s ew rn sJa;;o Jomuspuoo alp tart samOUOg of aaPua-I hq aopou sa3;B';r 10'aaaouog.iq pauopuegs si■Ctaadoaj art 3I .anp uoip ass sams sip 1ou so aaglagM mammal"ApanOas sup,Cq Pampas sums art of middy x'rprgs spouaard agp'sapwood asrmaagto Mei aiguspdde ssaian ao&imam tor aa18s ssrntam po aapu2-1 pus a0MOa1og swum'auger agar aao;aq dlaimpatutuu pampas stuns sip p 3U11OWs sip trap ssar sr Stmpg o34,aso;aq/Claferpausun,t3JadoJj 3343;o anlan plasm am s p rarq t ur hpaadoad al)JO Bupren rapped a;o"MAO 2111 si'434.041og 03 pled aq'legs aausisq,Cuy.Zupis3 alt aao;aq Afaisie»utwwr .Ciiadard art jo anisA ovum ars3 sip (q) Aq PsprAlp'SUprst atp aro;aq,Cpferpatutur pampas stuns art jo tunowre 'spot sip (s):uopos,r3 8urAtojo;sip ,Cq porrdpinta spaasold sip jo moms art,(q psunpea aq'legs mate utsui,Clumsy sigf,(q pampas sums 5343`Suppnt of 55125 asinuawo aapual pus»Mouog ssaiun'Stlrri 1 atp wo;aq hppatpatmm tuaWrutsui,C3ranaas sup Aq pampas sums art;o umowe art Imp 1a355a2 so of lanbu sr Sup[y3 art arojaq Aiatarpawtm,ti1sdold 5142 p awn wig=area ago rargM ur,(uadokr art jo Sur)ep leptsd B JO IUSAS 3142 111'15MO11Og of prod ssssss hits giri'anp sago 1011.10 aatpa34M'lsamtutsur hlunaaS sup ,(q pampas stuns art at purldds aq pegs spaaaaad sip 'dtaadoad art jo Sulam moot a p trans 5343 uI 121X5r101 Pfd aq!Ms pua pauBtsse dgaaaq am`uopsumapuoa;o nail tor aauedanuoO JO;JO'Apoda1d alp jo toed,(us;o Bugs)/alto Jo UOPBUWapa03 hue.g)IM UOUOSUso3 U)'lepuanbasuoa JO 13311p'sa2surep ao;cutup 10 pseMB Sue;o spaaaoad aqi,mopaumapuop'Oj •uopaadsur atp Jo;asnwa algeuoseaJ Burd;toads uoriaadsur as of amid ao jo snip art 1e aopou a3MOU0g unlit 'legs aaptta•i 'Ausdoad art;o suoitoadsar pus uodn sa nra aigaaos1aa a1am hew prate sir So aapU3^i'uopaadsuj '6 BK 1910PG13758 r_ �_r c,ieanrn._AMIn uMTV__ 1110 Wiln.C7.1111(1-Pane 4 Af 7 17►Transfer of the Property or a Beneficial Interest in Borrower.If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument.However,this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option,Lender shall give Borrower notice of acceleration.The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument.If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18.Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a)5 days(or such other period as applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument;or(b) 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; and (d) takes such action as Lender may reasonably require to assure that the Iieu of this Security Instrument,Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged.Upon reinstatement by Borrower,this Security Instrument and the 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 paragraph 17. 19.Sale of Note; Change of Loan Servicer.The Note or a partial interest in the Note (together with this Security Instrument)may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the"Loan Service?)that collects monthly payments due under the Note and this Security Instrument.There also may 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 in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made.The notice will also contain any other information required by applicable law. 20.Hazardous Substances.Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. 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. Borrower shall promptly give Lender written notice of 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.If Borrower learns,or is notified by any governmental or regulatory authority, 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. As used in this paragraph 20,"Hazardous Substances"are those substances defined as toxic or hazardous substances 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.As used in this paragraph 20,"Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection. 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 paragraph 17 unless applicable law provides otherwise).The notice 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 judicial proceeding and sale 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 be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. BK 1910 PG 4 7 5'9 : . - PA 2000-0W4 Pape 5 of 5 •..,-.��... __ _. __...._ r+in..nr.rn.nkinr-rsaI Div._. . __. _ _._..Intl iff_2f1f15711nf1_•.PanR.5of7 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 without charge to Borrower,except for those charges authorized by law.Borrower shall pay any recordation costs. 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 paragraph 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. 27.Riders to this Security Instrument.If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the riders)were a part of this Security Instrument. [Check applicable box(es)] ❑ Adjustable Rate Rider —1 Condominium Rider I 1-4 Family Rider ED Graduated Payment Rider _ Planned Unit Development Rider 1 Biweekly Payment Rider ❑ Balloon Rider ❑ Rate Improvement Rider ❑ Second Home Rider t Other(s)[specify] BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s)executed by Borrower and recorded with it. `7*.P?It -----. (Seal) I SEY M. M RS -Borrower pZ:a6SoSecurity Number �} yf, (Seal) ti AN K. EZiS �� ?u�� -Borrower Social Security Number [Space Below This Line For Acknowledgment] Commonwealth of Pennsylvania ) )ss County of DAUPHIN ) On this 10TH daY of JUNE , 2005 , before me, CHRISTIAN A. ZELLERS , a Notary Public, personally appeared LINDSEY M. MYERS and SUSAN K. MYERS ,known to me (or satisfactorily proven) to be the person(s) whose name(s)is(are)subscribed to the within instrument and acknowledged that t(he)y executed the same for the purposes therein contained. Witness my hand and seal the day and year aforesaid. atizi:L No Public My commission expires 09/1012006 I 19 0 PG 4 7 6 O Pape a o CHRISTIAN O�T 11E,�A,NOTARY PUBLIC $}� CITY OF NAIURSBURUPHIN COUNTY P,,, -0.o. MY c0MMI01014 EWES SEPJ 10.2006 c,L AQCOI_n nin_cni_!nmTVr_ Jnst it WM 211811-Paoft fi of 7 Mortgage/Deed of Trust Addendum Addendum for legal description of Mortgage/Deed of Trust dated JUNE 10, 2005 LINDSEY M. MYERS AND SUSAN K. MYERS, mortgagor(s)/trustor(s). Legal description: ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF LOWER ALLEN IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A DEED DATED 03/28/2002 AND RECORDED 04/01/2002, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED VOLUME 251 AND PAGE 63. ADDRESS: 1552 SHEEPFORD RD. ; MECHANICSBURG, PA 17055 TAX MAP OR PARCEL ID NO. : 13-27-1877-027 ❑ • '� /2 Date LINOS' M. MYER` �t f L �1�1 Date 4 eA5—S çi SAN K. MYERS ,% recorded . Guilty PA F'ecorder of Deeds 8K1910PG4761 ,_n _ _ _ _ _.. _.. __ rl_.Allnrnu n AIM cnuniTV_.... _ tnct.#700571 1 80--Pane 7n17 Exhibit "B1" J y , ` Li 4 �ERLAND C0W T Y-r . 2005 NOU ?6 Pr) 2 39 When Recorded,Mail and Return To: HSBC Mortgage Services 577 Lamont Rd. P.O.Box 1247 Elmhurst,IL 60126 ASSIGNMENT OF REAL,ESTATE MORTGAGE For Value received,the undersigned corporation does hereby grant.bargain sell.Resign,transfer and set over unto t * 1,all of its right,title and interest in and to that certain real estate mortgage dated JUNE 10,2005 executed by LINDSEY M. MYERS AND SUSAN K.MYERS,HUSBAND AND WIFE to Wells Fargo Financial PeresyWmia,Inc.,and recotdcd in Book 14 t O Page 1-fl S5 .of the records in the office of the County Clerk of CUMBERLAND County,State of Pennsylvania,together with the note,debts and claims secured by said mortgage, covering the following described real estate in CUMBERLAND County, Pennsylvania,to-wit: utron %M ON*Paklig P.o. Box 2028,6Nnt,MI 4$501.2026 BEING known as J852 SHEEI'J'ORD ROAD,MEC2f NICSBURG.PENNSYLVANIA 17055, To have,hold,receive and take,all and singular the bereditaments and premises hereby granted and assigned,or mentioned and intended so to be,with the appurtenances unto and assigns,to and for only proper use,benefit and bchoof forever;subject,nevertheless,to the equity of redemption of said LINDSEY M.MYERS AND SUSAN K.MYERS,HUSBAND AND WIFE,M rtgagor,in the said indenture of mortgage named. R C. t./11L0105 Notice: This mortgage may be subject to special rules th der the federal Truth-in-Lending Act. Purchasers or assignees of this mortgage could be liable for all claims and defenses with respect to the mortgage that the borrower could assert against the creditor. P�n*1-3-Z-1--) -7-027 IN WITNESS WHEREOF,Wells ay Fargo JU JUNE Financial 00 . Pennsylvania,Inc.,ii caused this a t by1 a its Vice President as of the 10Th day of JANE 2005. .JA w^'},/ W c_../ Signed and delivered',the WELLS FARGO FINANCIAL PENNSYLVANIA,INC • estt'nee of us: ,�� , . as `ite,Vice President s i' 1� • ti, BY `t•,kR c r witness Deidre A.Messenger, seistaut Secre• "' `m ••,s. LA ;f F STATE OF IOWA ) y,. n �, 1••,,,,4•i�. ) ss: :?G}.. ,.•... 'Nl COUNTY OF POLK ) } �• .<.°' On this Sri r 1 11" before me,Jen Nevins,the undersigned o:'� personally appeared Ruth White and Deidre A.Messenger who acknowledged themselves to be the Vice President and Assistant Secretary respectively,of Wells Fargo Financial Pennsylvania,Inc.,a PENNSYLVANIA corporation,and that they,as such officers,being authorized so to do,executed the foregoing instrument for the purposes therein contained,by signing the name of the corporation by themselves as Vice President and Assistant Secretary. I DO CERTIFY THAT THE RESIDENCE OF THE WITSItt1 .. — ..IS f "-- v iy,:. otary Public i ie er r 1S DIG s ti•,C;+ �, u It is here. cc it i, . ,., , assignee within named is: r MERS#;1000460.04 PHI .. GI s NEVINs AIY 2 mos EXPtRF,^, --41-'--.4j 1 2007 BOOK 722 +'A4E412•7 10/15/2010 6:59:53 AM CUMBERLAND COUNTY inst.#200544534-Page 1 of 1 Exhibit "C" J103908142013 Cumberland County Prothonotary's Office Page 1 Civil Case Inquiry 2011-09347 WELLS FARGO BANK N A (vs) MYERS LINDSEY ET AL Reference No. . : Filed 12/21/2011 Case Type - REAL PROPERTY - MORTGA Time - 11:32 Judgment 166327.88 Execution Date 2/04/2013 Judge Assigned: PLACEY THOMAS A Jury Trial. . . . Disposed Desc. : Disposed Date. 0/00/0000 Case Comments Higher Crt 1. : Higher Crt 2. : *********************** .***************************************************rear*** General Index Attorney Info *****************************************************yep************************** WELLS FARGO BANK N A PLAINTIFF CUSICK ROBERT W 3476 STATEVIEW BOULEVARD PHELANHALLINAN & SCHMIEG LLP FORT MILL, SC 29715 1617 JPK BLVD STE 1400 PHILADELPHIA, PA 19103 MYERS LINDSAY M DEFENDANT 1852 SHEEPFORD ROAD MECHANICSBURG, PA 17055 MYERS SUSAN K DEFENDANT 1852 SHEEPFORD ROAD MECHANICSBURG, PA 17055 ******************************************************************************** Judgment Index Amount Date Desc MYERS LINDSAY M 166,327.88 12/11/2012 FAILURE TO ANSWER MYERS SUSAN K 166, 327.88 12/11/2012 FAILURE TO ANSWER MYERS LINDSAY M 166,327.88 2/04/2013 WRIT OF EXECUTION MYERS SUSAN K 166,327.88 2/04/2013 WRIT OF EXECUTION MYERS LINDSAY M 182, 039 .61 5/06/2013 ORDER MYERS SUSAN K 182, 039 .61 5/06/2013 ORDER *********************e*********************************************************** * Date Entries * ******************************************************************************** FIRST ENTRY 12/21/2011 COMPLAINT - MORTGAGE FORECLOSURE - BY ROBERT W CUSICK ATTY FOR PLFF 2/06/2012 SHERIFF'S RETURN - DATED 01/30/12 - DEFTS NOT FOUND ******** SHERIFF COST - $64.00 9/14/2012 PRAECIPE TO REINSTATE CIVIL ACTION MORTGAGE FORECLOSURE - BY JOHN MICHAEL KOLESNIK ATTY FOR PLFF J103908142013 Cumberland County Prothonotary's Office Page 2 Civil Case Inquiry 2011-09347 WELLS FARGO BANK N A (vs) MYERS LINDSEY ET AL Reference No. . : Filed • 12/21/2011 Case Type • REAL PROPERTY - MORTGA Time - 11:32 Judgment. . . . . . 166327.88 Execution Date 2/04/2013 Judge Assigned: PLACEY THOMAS A Jury Trial Disposed Desc. : Disposed Date0/00/0000 Case Comments Higher Crt 1. : Higher Crt 2. : 10/26/2012 SHERIFF'S RETURN - DATED 09/17/12 - COMPLAINT IN MORTGAGE FORECLOSURE SERVED ON DEFTS AT 1014 W FOXCROFT DRIVE CAMP HILL P.A. 17011 SHFF COST - $100.00 12/11/2012 PRAECIPE FOR DEFAULT JUDGMENT AND DEFAULT JUDGMENT ENTERED IN THE AMOUNT OF $ 166,327.88 - BY BY MEREDITH WOOTERS ATTY FOR PLFF 12/11/2012 NOTICE MAILED TO DEFENDANTS 12/11/2012 AFFIDAVIT OF NON MILITARY SERVICE - BY MEREDITH WOOTERS ESQ 12/11/2012 IMPORTANT NOTICE FILED (DEFAULT JUDGMENT) - BY MEREDITH WOOTERS ESQ 2/04/2013 PRAECIPE FOR WRIT OF EXECUTION ON REAL PROPERTY AND WRIT OF EXECUTION ISSUED UPON DEFTS - $2 .25 DUE CO - $.50 LL - BY JOHN MICHAEL KOLESNIK ATTY FOR PLFF 2/04/2013 AFFIDAVIT PURSUANT TO RULE 3129.1 - BY JOHN MICHAEL KOLESNIK ATTY FOR PLFF 2/04/2013 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO RULE 3129.2 2/04/2013 CERTIFICATION - BY JOHN MICHAEL KOLESNIK ATTY FOR PLFF 3/28/2013 PLAINTIFF'S MOTION TO REASSESS DAMAGES - BY JONATHAN LOBB APT? FOR PLFF 4/01/2013 AFFIDAVIT OF SERVICE - NOTICE OF SHERIFF'S SALE UPON LINDSAY M MYERS - BY PHELAN HALLINAN LLP ATTY FOR PLFF 4/01/2013 AFFIDAVIT OF SERVICE - NOTICE OP SHERIFF'S SALE UPON SUSAN K MYERS - DY PHELAN HALLINAAN LLP ATTY FOR PLFF 4/02/2013 RULE - 4/2/13 - IN RE: RULE ENTERED UPON DEFTS TO SHOW CAUSE WHY AN ORDER SHOULD NOT BE ENTERED GRANTING PLFF'S MOTION TO REASSESS DAMAGES - DEFTS HAVE 20 DAYS FROM DATE OF THIS ORDER TO FILE A RESPONSE - BY THE COURT THOMAS A PLACEY J - COPIES MAILED 4/2/13 4/15/2013 CERTIFICATE OF SERVICE - 4/2/13 RULE - BY JONATHAN M ETKOWICZ ATTY FOR PLFF 4/29/2013 MOTION TO MAKE RULE ABSOLUTE - EY JONATHAN LOBE ATTY FOR PLFF 5/03/2013 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 .2 - BY MEREDITH WOOTERS ATTY FOR PLFF 5/06/2013 ORDER - DATED 05/06/2013 - IN RE: MOTION TO MAKE RULE ABSOLUTE - • 10103908142013 Cumberland County Prothonotary's Office Page 3 Civil Case Inquiry 2011-09347 WELLS FARGO BANK N A (vs) MYERS LINDSEY ET AL Reference No. . : Filed • 12/21/2011 Case Type • REAL PROPERTY - MORTGA Time 11:32 Judgment 166327.88 Execution Date 2/04/2013 nudge Assigned: PLACEY THOMAS A Jury Trial. . . . Disposed Desc. : Disposed Date. 0/00/0000 Case Comments Higher Crt 1. : Higher Crt 2. : IT IS HEREBY ORDERED AND DECREED THAT THE RULE ENTERED UPON DEFENDANTS SHALL BE AND IS HEREBY MADE ABSOLUTE PLAINT'IFF'S MOTION TO REASSESS DAMAGES IN THE ABOVE CAPTAINED MATTER IS HEREBY GRANTED THE PROTHONOTARY IS ORDERED TO AMEND THE JUDGMENT FOR A TOTAL OF $ 182,039.61 - BY THE COURT THOMAS A PLACEY J - COPIES MAILED 05/06/13 LAST ENTRY' -I *****#r********************************************Yew*****ik*********'kit*****stir*** * Escrow Information * Pees & Debits Beg Bal Pymts/Adj End Bal ******************************************************************************** COMPLAINT 55.00 55.00 .00 TAX ON CMPLT .50 .50 .00 SETTLEMENT 8.00 8. 00 .00 AUTOMATION 5.00 5.00 .00 JCP FEE 23.50 23.50 .00 REINSTATE COMPL 11.75 11.75 .00 JDMT 16.50 16.50 .00 WRIT OP EXEC 28.50 28.50 .00 148.75 148.75 .00 ******************************************************************************** * End of Case Information ******************************************************************************** Exhibit "D" 0 Name and Phelan Nallinan,LIP es os s Address 1114 1617 JFK Boulevard,Suite 1400 C Of Sender One Penn Center Plaza +Iip ea-; Philadelphia,PA 19103 AZK/MIC-06/05/2013 SALE r�. Lire Article Number Name of Addrea a Street,and Post Office Address — � Postage /ay ill, xr 1 **** TENANT/OCCUPANT $0.44 +C ir 1852 SHEEPFORD ROAD MECHANICSBURG,PA 17055-6738 :... �' 2 ***• COMMONWE4J2H OP PENNSYLVANIA, $0.44 ` cn BUREAU OF INDIVIDUAL TAX,INHERITANCE TAX DIVISION to id log 6TH FLOOR,STRAWBERRY SQ.,DEPT 750.601 No o f HARRISBURG,PA 17128 W 3 *a** DAUPHIN DEPOSIT BANK AND TRUST COMPANY $0.44 PO BOX 4800 el r HARRISBURG,PA 17111 **** DAUPHIN DEPOSIT BANK AND TRUST COMPANY ATTN:RECORDS DEPARTMENT :"� 4 $0:94 -, 17,' r 3$07 DERRY STREET - PO BOX 4190 t HARRISBURG,PA 17111 cf 1p 5 *••» DEPARTMENT OF PUBLIC WELFARE, $0.44 . 1 •, TPL CASUALTY UNIT,ESTATE RECOVERY PROGRAM ` ;.. P.O.BOX 8486 .. WILLOW OAK BUILDING HARRISBURG,PA 17105 f4 6 **+k* HSBC MORTGAGE SERVICES $0.44 636 GRAND REGENCY BLVD BRANDON,FL 33510-3942 7 **** MFRS AS A NOMINEE FOR HSBC MORTGAGE SERVICES $0.44 P.O.BOX 2026 h FLINT,MI 48501-2026 fa - 8 **** MERS,INC. $0.44 g. 1901 E VOORHEES STREET,SUITE C fa DANVILLE,IL 61834 V 9 **** MORTGAGE ELECTRONIC REGISTRATION SYSTEMS.INC. $0.44 PO BOX 2026 FLINT,MI 48501-2026 1 10 **** MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC,C/O HSBC MORTGAGE SERVICES $0A4 577 LAMONT RD POs BOX 1247 ELM t ;w „1 a 'No:Nmtime of Toad Number of roves. Postmaster,Per Maur of The NI dostamt+on,a:mitt is emptied aae eit domestic awl otte.uaionsl toome ad mud 7t=maiotion mlamaity payatda Mcces Listed by Sender Received,t war Office RaxiveµEmploSee) fw.M rac+.wravucdtion of n nnrgw.iahk documents under Enpron Muif dosimral m.'lurwiruua.ua intsmitive is mak pc, Miwc i.bjcas w a rtesit of 00e rtpp p,r uce,tmaora.Tee ma,..uu a,114 ty puyabk.w Eapr...Mail amnisan4tse is SyU(a. thr au,4rne.m itmu),payubk is MAP for repi,acred+DLit star with up.i.mat isuraaaa.Sae numearia Meal Manual R94)891}aatd 5921 to limitaaboas of wramg. Form 3877 Facsimile -- .. .. . . -_- ��- iu ' — . - ° Vis Address Mk 1617 IFIC Boulevard,Suite 1400 iir. 'in ,: 14, Of Sender One Penn Center Plaza , Philadelphia,PA 19103 AU/Nile•06105/2013 SALE , .7..... Line Article Number -Name of Addressee,Street,and Post°Mee Address Postage U.S.ATTORNEY FOR THE MIDDLE DISTRICT OF PA HARRISBURG,PA 17100-1734 (./r j c 0,2 urli 14 170 BRINDLE ROAD MECHANICSBURG.PA 11055 .. killo. SHIREMANSIOWN PA 17011-6371 , S **** COMMONWEALTH OF PENNSYLVANIA -1$0.44 ;;u DEPARTMENT OF WELFARE HARRISBURG.PA 17105 ';' ,.... 6 **** INTERNAL REVENUE SERVICE ADVISORY $0.44 4 1000 LIBERTY AVENUE ROOM 704 • ....; PITTSBURGH PA 13222 .,, .',, '1.1.3,,,'IsiliW, ,L 4:6",i,, ..:..; Teed Neembee of -TWA Number of rieete Nebulae,.Pa New br The heidechuntlee argot es requet4 on iii seentestx esel eftertelionel otetetereet mit.The akeeineum iodeefouty payeek - '.. gam Uwe by*beer Rertereat es has Office RoT4ONT Emegbeft) ke do ttlitit401101k*of obakegvehble ikstirlitiiiit Witt$1 elpttttt MO*AXIOM tsttiiiitlitiiilitstt mamma 3,,WO*aa Om**Oa§u a limit o l$50(tOP3 pa ametteet The*tubber*indemnity week be heel**Mai meeehetebee re 35(ill MO 5913 obil Sell for lienkethele et ebyresee. Form 3877_ ___- l : Exhibit "E" When Recorded Return To: ASSIGNMENTS HSBC MORTGAGE SERVICES 636 GRAND REGENCY BLVD 0 PX9 BRANDON, FL 33510 Parcel No. 13.27-1877-027 11111111111111111111111111 CORPORATE ASSIGNMENT QF MORTGAGE Cumberland, Pennsylvania SELLER'S SERVICING#:11185790 "MYERS" MERS#: 100046000111857904 SIS#: 1-888-679-6377 Date of Assignment: February 29th,2012 Assignor:MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Assignee: HOUSEHOLD REALTY CORP I hereby certify the precise address of the within named Assignor is 1595 SPRING HILL ROAD, STE 310,VIENNA,VA 22182. i hereby certify the precise address of the within named Assignee is 2929 WALDEN AVE, DEPEW, NY 14043. Executed By: LINDSEY M. MYERS AND SUSAN K. MYERS,HUSBAND AND WIFE To:WELLS FARGO FINANCIAL PENNSYLVANIA, INC. Date of Mortgage: 06/10/2005 Recorded: 06/16/2005 in BooklReel/Liber: 1910 Page/Folio:4755 as Instrument/Document: N/A In the County of Cumberland,State of Pennsylvania. -Assigned by WELLS FARGO FINANCIAL PENNSYLVANIA, INC. TO MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC Dated:08/09/2005 Recorded: 11/28/2005 in Book/Reei/Liber.722 Page/Folio:4127 as Instrument/Document: N/A 1852 SHEEPFORD ROAD, MECHANICSBURG,PA 17055 in the Township of LOWER ALLEN I do certify that the precise address of HOUSEHOLD REALTY CORP is 2929 WALDEN AVE, DEPEW, NY 14 Attested d By: 1852 SHEEPFORD ROAD, MECHANICSBURG, PA 17055 in the Township of LOWER ALLEN KNOW ALL MEN BY THESE PRESENTS,that for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the said Assignor hereby assigns unto the above-named Assignee,the said Mortgage having an original principal sum of$59,638.37 with interest,secured thereby,with all moneys now owing or that may hereafter become due or owing in respect thereof,and the full benefit of all the powers and of all the covenants and provisos therein contained,and the said assignor hereby grants and conveys unto the said assignee, the assignor's beneficial interest under the Security Instrument. *MXC*MX6HSBI*02/29/2012 03:37:10 PM*HSBIO2HSBIA000000000000000805358" PACUMBE* 11 185790 PASTATE_MORT_ASSIGN_ASSN "SX1HSBI* 02/13/2013 8:50:48 AM CUMBERLAND COUNTY lost#201206675•Page 1 of 3 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE = <_ CARLISLE, PA 17013 �� � 717-240-6370 g Instrument Number-201206675 Recorded On 3/6/2012 At 10:52:57 AM *Total Pages-3 *Instrument Type-ASSIGNMENT OF MORTGAGE Invoice Number-103385 User ID-KW *Mortgagor-MYERS,LINDSEY M *Mortgagee-HOUSEHOLD REALTY CORPORATION *Customer-HSBC CONSUMER& MORTGAGE LENDING *FEES STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES — $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 This page is now part FEES of this legal document. COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $50.50 I Certify this to be recorded in Cumberland County PA am \ / RECORDER O D EDS , *-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 003PX9 II 111111 1lIl111I)IUl1II 02/13/2013 8:50:48 AM CUMBERLAND COUNTY lost.#201206675-Page 3 of 3 Exhibit "F" Freddie AN Mac BROKER PRICE OPINION Page 1 o 5 Form 4.0 SUBJECT PROPERTY DESCRIPTION BPODirect Order B: Freddie Mac Loan B Servicer Loa Asset Ids: 1078813 Property Address: 1852 SHEEFORD ROAD Uni[p: City:MECHANICSBURG County:CUMBERLAND State: PA Zip: 17055 Property Type:Single family Subdivision or Complex Name: Inspection Type:Interior/Exterior Inspection Occupant: ❑Owner ❑ Tenant ®Vacant Access Denied Reason: NEIGHBORHOOD INFORMATION Neighborhood Characteristic Present Land Use% lintel•100%) Occupancy Percentage% (Total.100%1 Location: 91 Rural ❑Suburban ❑Urban One-Unit 75 % Owner Occupied 70 % Built-Up: ❑Under 25% f2J 25-75% ❑Over 75% 2-4 Unit % Tenant 20 % Growth: ❑Rapid 0 Stable 21 Slow Multi-family 15 % Vacant 10 % Housing Trends Commercial 10 % Property Values: ❑Declining CA Stable ❑Increasing Other % Housing Supply: ❑Shortage ❑ In Balance ©Oversupply Marketing Time: ❑Under 90 days m 90-120 days ❑Over 120 days B Competitive Active Listings: 10 Percentage of Distressed Sales in Neighborhood: 5 % — H Competitive Active Sold Per Month: 2 Predominant Sales: I21 Traditional ❑REO ❑Short Sale Price Range of Competitive Active Listings in Neighborhood: From(Low):_ $125,000.00 To(High): $225,000.00 School District: WEST SHORE HOME IS LOCATED IN A RURAL SETTING AWAY FROM THE MAIN TOWN OF MECHANICSBURG. Neighborhood Market Condition: PREVIOUS LISTING INFORMATION Previously Listed within past 12 months: ❑Yes ® No Listed(Date): Original List Price: Last List Price: 2-4 UNIT INFORMATION No.of Units: No.of Stories: Rent Control: ❑Yes ❑No Rent Equity Board Registered: ❑Yes ❑No ❑N/A Fair Market Rental Rate per Month per Verification Source: unit: Building Unit Comments: SUBJECT INFORMATION Su eject Tier Condition: Beverly Deferred Maintenance(Not Maintained)I Tier 5 ASSET HAS NUMEROUS ISSUES AND IN BAD CONDITION.MUCH ROTTED WOOD AROUND THE OUTSIDE OF THE HOME.BASEMENT IS VERY WET AND DAMP AND WE HAVE SUBMITTED INFORMATION TO GUT THE WHOLE BASEMENT.KITCHEN WILL NEED GUTTED AND REPLACED THE CABINETS AND COUNTERTOPS ARE FALLING APART.ALL OF THE CARPET WILL NEED RIPPED UP AND REPALACED.THE INTEROR OF THE HOME WILL NEED SOME DRYWALL WORK AND REPAINTED. Subject Positive/ Negative Influences: Oyes IA No CORRECT NAME OF THE ADDRESS IS"SHEEPFORD"NOT"SHEEFORD THE"P"IS MISSING IN THE ADDRESS ON THE HSC SITE Potential Title/Legal Issues: Comment: 2013 pm Freddie Page 2 of 5 tail Mac BROKER PRICE OPINION Form 4.0 t�r::. ...s,F:Ya•. Property Habitability: Reponses: A.Does the subject appear structurally sound? Unknown If no,is there evidence of severe settling? If no,is there evidence of major foundation cracks? If no,is there evidence of rotting beams? B.Is the subject on a permanent foundation? Yes C.Are the kitchen and all bathrooms functional? Unknown D.Is the electrical system functioning properly? Unknown Habitability/Hazard E.Are the plumbing,septic,and water systems in working order? Unknown Issues: Unknown F.Is the roof free of leaks? G.Is the roof free of temporary repairs/patching)? Unknown H.Are the HVAC systems intact and functional? Unknown I.Is the property free of wood destroying insects? Unknown I.Has a wood destroying insect(WDI)Inspection Been Performed? No Health Hazard Criteria: A.Is the property clear of evidence indicating incurable environmental hazards? Yes B.Is the property free of evidence indicating lead based paint? No HOME WAS BUILTIN 1973 HOME WAS BUILT IN 1973 Habitability/Hazard Comments: Fair Market Rental Rate: Is there a HOA? ❑Yes WI No Is the Condo complex FHA approved? ❑Yes L71 No ❑N/A Fees:$ Per: Pending Assessments: Assessment Begin Date: Assessment End Date: Company Name: Phonef: Contact Name: HOA/Condo/PUD: HOA fees include: Taxes: Yearly Amount: $2,832.00 Taxes Paid: ❑ Annual 0 Semi-Annual Termite Vi Yes ❑ No Well g Yes ❑No Check any Roof (A Yes ❑ No Septic (71 Yes ❑No Recommended Mechanical 91 Yes ❑ No Illegal Units? ❑Yes g No Structural ❑Yes m No Waste Disposal? ❑Public Sewer g Septic Inspections: Environmental ❑Yes in No Water Source ❑Public VI Well Other WELUSEPTIC Zoning Residential HOME HAS BEEN SITTING VACANT FOR QUITE A WHILE AND WITH THE DAMPNESS IN THE HOME THE HEATING AND COOLIING SYSTEM LOOKS RUSTY AND WE HAVE NO IDEA IF IT CURRENTLY IS IN WORKING ORDER.WE HAVE NO IDEA OF THE CONDITION OF THE WELL AND SEPTIC. Inspection(s) Comments: REPAIRS/IMPROVEMENTS ADDENDUM Is the property fnanceable in its'current condition? ❑Yes g No Preservation& Trash Out $ hIS no Initial Clean$ inn on Initial Pool $ Preservation$ Maintenance: Initial Yard $ 300.00 Other $ Health&Safety$ Repair Type-Please check the appropriate box Property Repo Sub-Cate`ory: i Estimated$ Description I Recommend? I Lender Required Normal Wear&Tear Deferred VerdaRs mI"slog Maint. or Stolen FOR THE DETAIL DESCRIPTION OF REPAIRS,PLEASE REFERENCE THE REPAIR/IMPROVEMENTS SECTION IN THE SYSTEM 2013 Freddie Page 3 of 5 Vac BROKER PRICE OPINION Form 4.0 COMPARABLE LISTINGS u.act Compare.a#1 ompara•e• ompara•e# 1852 SHEEFORD ROAD 27 ARGAIL LANE 1513 CHATHAM ROAD 4700 LINDEN AV Address MECHANICSBURG,PA 17055 MCHANICSBURG,PA.17055 CAMP HILL,PA.17011 MECHANICSBURG,PA.17055 No.of Units(if app) proximity to Subject 4 •/s� a .,ice 0.25 0.25 0.99 i0 orw") >`e SHEEPFORD CROSSING SHEEPFORD CROSSING SHEEPFORD CROSSING Subdivision Or Complex Name l y c - Seller1.e ,.. l ,: a./1= a.s- e4I Ori:inal List Price 'IILFeIQ1alI1m■i,A•A0'114L1MIM .1;4•I I,1 1 Current List Price EISMENERESTaalial 234 900.00 '194 801.00 .174 901.00 Verification Source W =; . °T,' �, CENTRAL PENN MULTI LIST CENTRAL PENN MULTI LIST CENTRAL PENN MULTI LIST Mist* 'p. :.. ;; a"i 10237401 10239487 1023847 r i c e .l c -s6.6 • •n se06. •SIDINIIIIIMILLZMIIIIIIIIIMEIENIZ 1 .F161C Seller Concessions ) NONE $ NONE $ NONE 5 Days on Market ,,,» ,,?. ,i ,,z i. 99 $ 61 $ 82 $ Location Rating Average Excellent 5-5000.00 Fxcellent 5-5000.01 Averaae $ Site/View Average Excellent 5-5000.00 Excellent $-5000.01 Average $ Property Type Single family Single family $ Sinale family $ Single family $ Lot Size/Acreage .46 .32 $ .16 $ .21 $ Square Footage 3178 1953 $ 2420 $ 1608 $ Year Built 1973 1994 5 1948 5 1977 $ Condition Poor Excellent $-50000.0( Average 5-15001 t: Average 5-15000.09 Total Room/Bed/Bath 7 / 3 / 2.5 8 /4 /2.5 5-2000.00 9/ 3 / 1.5 $-2600.61 7 / 4 /2.0 5-1000.0C Total Sgft. 1000 Total Sgft. 900 Total Sgft. /0U Total Sgft. 6UU Basement %Finished 0 %Finished 0 $ %Finished 0 -$ %Finished 0 $ Heating/Cooling Oil Heat/No AC HeatPump/AC 5-5000.00 Forced AirGas/AC 5-5000.0ii HeatPump/AC $-5000.0C Water Source Well Public 5-3000.00 Public 5-3000.0, Public 5-3000.00 Waste Dis.•sal . . 5-3000.00 -, 5-3000.01 $-3000.00 Parking/Garage 2 Attached 2 Attached $ OffStreet $ 2 Attached $ Pool/Spa $ $ $ Other $ $ $ Adjusted Price of Subject $161,900.00 $156,300.00 $147,900.00 - Check Property Most Similar To Subject ❑ ❑ la THIS HOME IS IN MOVE IN CONDITION BUT CLOSEST TO SQUARE FOOTAGE AND ROOMS Comments for Comparable Most Similar To Subject: COMPARABLE SALES u.ect ompara.e' ompara•e' •mpara•e' 1852 SHEEFORD ROAD 219 EWE ROAD 215 EWE ROAD 239 EWE ROAD Address MECHANICSBURG,PA 17055 MECHANICSBURG,PA 17055 MECHANICSBURG,PA. MECHANICSBURG,PA.17055 N.of Units lif app) Proximity to subject i '� 0.25 0.25 0.25 �. � SHEEPFORD CROSSING SHEEPFORD CROSSING SHEEPFORD CROSSING Subdivision Or Complex Name - i f Seller Type ,C,' �� Owner Owner Owner Sales Price 4'3 $212 000 00 5222 000 00 5250 000 00 list Price Prior to Sale `ii II i ' $212,000.00 $222,000.00 $250,000.00 Sale Date ./ /v 05/10/2013 07/25/2013 07/31/2013 Verification Source 3 CENTRAL PENN MULTI LIST CENTRAL PENN MULTI LIST CENTRAL PENN MULTI LIST MLS4 a� L,j0232880 10237397 10238753 Price Adjustments escrly0On Dena A .+I-) Dess. Ad].+(-) Dena Adj.+t-) Seller Concessions " ',))�`` `:� NONE $ NONE $ 200 SELLER HEL$-3500.0(, Days on Market l a y '� 11."'k;1 92 $ 36 5 63 $ Location Rating Average I Good $-3000.00 Good 5-3000.00 Excellent $-5000.00 Site/View Average Good 5-3000.00 Good 5-3000.00 Excellent 5-5000.00 Property Type Single family Sinale family $ Single family $ Single family $ Lot Size/Acreage .46 .44 $ .34 $ .49 5 Square Footage 3178 2047 $ 2158 5 2521 $ Year Built 1973 _ 1995 5 1987 $ 1991 $- Condition Poor Excellent 5-50000.06 Excellent 5.50090.29 Excellent 5-50000.0) Total Room/Bed/Bath 7 / 3 / 2.5 _ 7 / 3 /2.5 $ 8 /4 /2.5 5-2000.00 8 /3 /2.5 $ Total Sgft. Iron Total Sgft. 820 Total Sgft. R Total Sgft. 1000 - easement %Finished 0 %Finished --Q---$ %Finished nn 50 5-5000.00%Finished 60 $-5000.00 Heating/Cooling Oil Heat/No AC • Heat Pump/AC 5-5000.00 HeatPunp/AC 5-5000.04 HeatPunp/AC $-5000.0C Water Source Well Public 5-3000.00 Public 5-3000.00 Public $-3000.0 Waste Disposal Septic Public Sewer 5-3000.00 Public Sewer 5-3000.00 Public Sewer $-3000,0C Parking/Garage 2 Attached , 2 Attached $ 1 Attached .5 1000.00 2 Attached $ Pool/Spa _ $ $ $ Other $ $ 5 Adjusted Price of Subject $145,000.00 $149,000.00 $170,500.00 Check Property Most Similar To Subject EQ U 0 CLOSEST TO SQUARE FOOTAGE BUT WITHOUT ALL OF THE INSPECTIONS ITS DIFFICULT TO SAY THE PRICE WOULD BE THE CLOSEST. Comments for Comparable Most Similar To Subject: 2013 pi Freddie Page 4 o 5 Rek Mac BROKER PRICE OPINION Form 4.0 BROKER OPINION OF PRICE Broker's Opinion of Price should represent a 90-120 Days market exposure. AS-IS PRICE: WITH REPAIR PRICE: Probable Sales Price I $149,900.00 I Probable Sales Price I $169,900.00 Recommended List Price Mark Up 2 List Price Mark Up 2 Percentage Support: BROKER MARKETING RECOMMENDATIONS Property Marketing Strategy: •J As-Is • Lender Required Repairs ❑With Repair Most Likely Financing: ❑Hometteps Financing ftl Conventional ❑FHA ❑VA ❑ Cash ❑ Other: Target Buyer: ❑First Time Buyer ❑ Move-Up 0 Investor ❑2nd Home ❑ Retiree COMMENTS THE ASSET IS LOCATED OFF THE MAIN ROAD AWAY FROM THE MAIN DEVELOPMENT.THE ASSET IS IN VERY POOR CONDITION,ALOT OF ROTTED WOOD AROUND THE EXTERIOR OF THE HOME,INCLUDING 3 MAJOR PILLARS ON THE FRONT PORCH.THE INTERIOR WILL NEED MAJOR GUTTING FROM THE CARPET,FLOORING,KITCHEN AND BATHS.ALSO THE BASEMENT WILL NEED TOTAL GUTTING WITH A MOLD ISSUE PRESENT THAT HAS BEEN ADDRESSED BY THE SALES SPECIALIST.WE HAVE NO IDEA OF THE MECHANICALS IN THE HOME AND CHANCES ARE WITH THE DAMPNESS IN THE BASEMENT WE MAY NEED TO REPLACE THE FURNACE.WE HAVE NO IDEA OF ANY ISSUES WITH WELL AND SEPTIC. Support Opinion of Price: OUR FEELING IS THAT THERE WILL BE SO MANY REPAIRS NEEDED THAT WE COULD END UP SPENDING WAY MORE MONEY AND TIME ON THE HOME THAT WON'T JUSTIFY THE FINAL LIST PRICE FOR THE AREA THE HOME AS IT SITS WILL NOT BE ABLE TO BE FINANCED CURRENTLY Support Recommended Marketing Strategy: THE HOME IS NOT SIMILAR TO HOMES AROUND IT.THERE ARE ALL STYLES ON THE ROAD FROM BILEVELS TO RANCHES SO THIS IS A DISTINCTIVE PROPERTY.THERE IS A DEVELOPMENT DOWN THE ROAD FROM THE ASSET THAT HAS NUMEROUS 2 STORY HOMES. BUYERS WILL NOT BE ABLE TO GET FINANCING AS IT CURRENTLY SITS SO IT WILL TAKE A CASH BUYER OR REHAB THE ENTIRE HOME AT WHICH TIME IT WILL BE DIFFICULT TO JUSTIFY VALUE. Property Similarities &Dissimilarities to Neighborhood: SUBMITTED BY: By clicking submit,I hereby certify that I have personally inspected the property on(date) 08/21/2013 Furthermore,I certify that this report has been completed by me in its entirety and includes appropriate photos of the subject and comparables. Broker Name: IVA FIORINA Name of Agent Completed BPO: JERRY GIARDINA Broker Firm Name: HOWARD HANNA Agent License It rs1938831 Phone: (717)920-9600 Expiration Date: 05/31/2013 Email Address: IVAFIORINAWHOWARDHANNA.COM 2013 Freda is tell Mac BROKER PRICE OPINION Page 5 of 5 Form 4.0 COMMENTS Additional OUR THOUGHT IS TO GET THE WELL AND SEPTIC AND MOLD RESOLVED,GUT THE BASEMENT AND THEN SELL THE HOME AS IS Comments: WITH THE WELL AND SEPTIC IN WORKING ORDER WE MAY BE ABLE TO GET A CONVENTIONAL LOAN THROUGH.IT WILL NOT PASS FHA OR VA APPRAISERS.FOR WHAT WILL NEED TO BE DONE IT WILL PRICE THE HOME WAY OVER THE CURRENT VALUES IN THE AREA. 2013 Asset ID 1078813 Additional Bedroom BED1 jpg 0 " 4`` v '9 4 Nom'!/i Y ',c gi S 4 �'- �, C / Q , . .v�` .0.'014:', Asset ID 1078813 Other PILLAR jpg y id s r ro' i'., *^k ,>�a, F Asset ID 1078813 Other CEILING jpg y,y 9 'sue' •3 .,,,�';' '.' 1 44 mss, 4 Ma .„," Asset ID 1078813 Den/Recreation Room FAM jpg 4 ' ,k P 33 R. I 4t Ay r .zy' ,F, a = � as: � 'fix , any- 3 s �„ -. .hay, Asset ID 1078813 Front Exterior FRT.jpg 'It 7.* ''' ' 'i . '.'. C ' 4b k, M dr * '5''' .. X ., -4,' '�s:..:.t jy '$ 4 tip .. 3i n, Amt 3�q w:.. 'Y. � , P+A , 11 t kt go . it ni . fi t Asset ID 1078813 Kitchen KIT.jpg z P„i;,..N-,,,, z, 4110AN, *sox le:41.410'' ' ''''lly' Itl, i ' n Asset ID 1078813 Living Room LIV.jpg r s :. U r 1 • Asset ID 1078813 Additional Bedroom BED.jpg s r . r:,f fd... .wsY i .. ..r W 4 - _ _ » 1 ,. ..,4',,,,- � r f i , ' i � ) Lam' ,y.... '• • i.:"': ar III Asset ID 1078813 Carpentry In/Out PILLAR jpg j � f 6 3 4 �.e u a'• .. .. a ,� R a 5.s Ala ,,,,,,,:r.,44-,, . x �, a � Asset ID 1078813 Carpentry In/Out KIT.jpg Y wipos fl Asset ID 1078813 Listing 1 actil.JPG w Asset ID 1078813 Listing 2 acti2.JPG e r Asset ID 1078813 Listing 3 acti3.JPG lo:,,,,,,,,6.,,,,.,,i t •Y 1 zy N/' .kyl't`N Asset ID 1078813 Sold I s11.JPG " ' w)? ., , fig ..., . • , , , , , ., , . , . , ,„ . , ,..,,„,,t,.. ,,,,,i,„.,..,.„ ,,,,, , : ,, , ,.., ,, , , ,.-. ,, :it. 4, 4. ,. 1 Asset ID 1078813 Sold 2 sl2.JPG 444,4,44444,4 - 4141k 410#4, Asset ID 1078813 Sold 3 s13.JPG s � � " t - r s dyes � r 4r�dux Exhibit "G" iii'-s'.. tet t rt000 : . ; etimmiorsormaim EtOZ LO Ali � 0 w.' t trot Z0 ,,. � ,"' CIS £ $ i tdfZ *. �. .,,, i 1 l' aa» 4 g W I I 1 I 0! ' i It's co 1 t- o i al o ,� L , ...,.›. <. .. o. r.t g . ''ffiil .� Z m 0. 8.,0 4, a x 1 11i 4.4 rt rs4 13 o v 2 T ii A. '0 U 2 N x L ^ ,ba- `7.2. i a a . g s - -... 1„, ,._._., 9 -. c., ..., . es. ...,4 z ,..„ 2 . g., i,- II "-i i 0 gl trAtc= 1 i ii a g p-. . ,..,° "'o 00,x... 11 t M w PHELAN HALLINAN,LLP By: Joseph E. DeBarberie,Esquire Identification No.: 315421 Lauren R. Tabas,Esquire Identification No.: 93337 One Penn Center Plaza, Suite 1400 Attorney for Plaintiff Philadelphia, PA 19103 (215) 563-7000 WELLS FARGO BANK,N.A., S/B/M : COURT OF COMMON PLEAS WELLS FARGO HOME MORTGAGE, INC. : CIVIL DIVISION Plaintiff : No. 11-9347-CIVIL v. : CUMBERLAND COUNTY LINDSEY M. MYERS SUSAN K. MYERS • Defendants CERTIFICATE OF SERVICE I, the undersigned attorney, hereby certify that a true and correct copy of Plaintiff and Petitioner's Petition for Supplementary Relief in Aid of Execution Pursuant to Rule 3118 was served on the following parties via (1 ,Ac( mail on the date indicated below: Household Realty Corp. Household Realty Corp. 292 Walden Avenue c/o HSBC Mortgage Services Depew, NY 14043 636 Grand Regency Blvd. Brandon, FL 33510 Lindsey M. Myers Susan K. Myers Susan K. Myers 1014 West Foxcroft Drive 1852 Sheepford Road Camp Hill, PA 17011 Mechanicsburg, PA 17055 (continued) Lindsey M. Myers 329 Fourth Street, 2nd Floor New Cumberland, PA 17070 Respectfully submitted, P LAN HALLINAN,LLP Date: I 1113 B Y Jose I . DeBarberie, Esquire Iden ation No.: 315421 Lauren R. Tabas, Esquire Identification No.: 93337 Attorney for Plaintiff PHELAN HALLINAN,LLP By:Joseph E. DeBarberie,Esquire Identification No.: 315421 Lauren R. Tabas,Esquire Identification No.: 93337 One Penn Center Plaza, Suite 1400 Attorney for Plaintiff Philadelphia,PA 19103 (215) 563-7000 WELLS FARGO BANK,N.A., S/B/M : COURT OF COMMON PLEAS WELLS FARGO HOME MORTGAGE, INC. : CIVIL DIVISION Plaintiff : No. 11-9347-CIVIL v. : CUMBERLAND COUNTY LINDSEY M. MYERS • SUSAN K. MYERS • Defendants CERTIFICATE OF SERVICE I, the undersigned attorney, hereby certify that a true and correct copy of Plaintiff and Petitioner's Petition for Supplementary Relief in Aid of Execution Pursuant to Rule 3118 was served on the following parties via regular mail on the date indicated below: Household Realty Corp. Household Realty Corp. 292 Walden Avenue c/o HSBC Mortgage Services Depew,NY 14043 636 Grand Regency Blvd. Brandon, FL 33510 Lindsey M. Myers Susan K. Myers Susan K. Myers 1014 West Foxcroft Drive 1852 Sheepford Road Camp Hill,PA 17011 Mechanicsburg,PA 17055 (continued) Lindsey M. Myers 329 Fourth Street,2nd Floor New Cumberland,PA 17070 Respectfully submitted, PHELAN HALLINAN,LLP Date: ( 3 By: d)a- Jose . DeBarberie,Esquire Ident 'cation No.: 315421 Lauren R. Tabas,Esquire Identification No.: 93337 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, CIVIL DIVISION MCC) f - INC. .4x Plaintiff No. 11-9347-CIVIL -cam cap V. =CD co LINDSEY M. MYERS SUSAN K. MYERS Defendants RULE AND NOW, this 2�—dayof 1v O Li► , 2013, based upon Plaintiff and Petitioner's Motion for Supplementary Relief in Aid of Execution Pursuant to Rule 3118, and any response thereto, it is hereby ORDERED and DECREED that 1. A rule is issued upon the respondent, Household Realty Corp., and Defendants to show cause why Plaintiff and Petitioner are not entitled to the relief requested; 2. Rule returnable by filing a written response within twenty (20) days of service of this Rule; AND 3. If no response is filed by the returnable date, Plaintiff or Petitioner may file a motion to make rule absolute. J BY THE O RT: a'C 14 vt 144 mas A.�acelr ✓ I-;hd m my Common Pleas Judge S14,<4 r /u Sa�, 11 j'►',��y"cr-S AJOU9G�/+sly /h./ &yrp Copes .l ed it ar113 0Ju rHE 0TiJOP40TAR 2014 JAN -3 P i 1: 15 CUMBERLAND COUNTY PHELAN HALLINAN,LLP PENNSYLVANIA By:Joseph E. DeBarberie,Esquire Identification No.: 315421 Lauren R. Tabas,Esquire Identification No.: 93337 One Penn Center Plaza, Suite 1400 Attorney for Plaintiff Philadelphia,PA 19103 (215) 563-7000 WELLS FARGO BANK,N.A., S/B/M COURT OF COMMON PLEAS WELLS FARGO HOME MORTGAGE, INC. CIVIL DIVISION Plaintiff Noll-9347-CIVIL V. CUMBERLAND COUNTY LINDSEY M. MYERS SUSAN K. MYERS Defendants CERTIFICATE OF SERVICE I, the undersigned attorney, hereby certify that a true and correct copy of the Court's November 25, 2013 was served on the following parties via regular mail on the date indicated below: Household Realty Corp. Household Realty Corp. 292 Walden Avenue c/o HSBC Mortgage Services Depew,NY 14043 636 Grand Regency Blvd. Brandon,FL 33510 Lindsey M. Myers Susan K. Myers Susan K. Myers 1014 West Foxcroft Drive 1852 Sheepford Road Camp Hill,PA 17011 Mechanicsburg, PA 17055 (continued) ' Lindsey M. Myers 329 Fourth Street,2nd Floor New Cumberland, PA 17070 Respectfully submitted, P LAN HA LINAN,LLP Date: V� )c' �� By: Jose E. DeBarberie, Esquire Iden 'fic ion No.: 315421 Laure . Tabas,Esquire Identification No.: 93337 Attorney for Plaintiff T IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA t,7 N Yi WELLS FARGO BANK,N.A., SB/M -n3 W -- ! WELLS FARGO HOME MORTGAGE, CIVIL DIVISION rnW o m= INC. z '-c 'u r:-! Plaintiff No. 11-4347-CIVIL �z Ln CD V. xo .. LINDSEY M. MYERS SUSAN K. MYERS Defendants RULE AND NOW,this 2b'e4% day of O O WAU&-— , 2013,based upon Plaintiff and Petitioner's Motion for Supplementary Relief in Aid of Execution Pursuant to Rule 3118, and any response thereto, it is hereby ORDERED and DECREED that 1. A rule is issued upon the respondent,Househ�ld Realty Corp., and Defendants to show cause why Plaintiff and Petitioner are not entitled to the relief requested; 2. Rule returnable by filing a written response within twenty (20)days of service of this Rule;AND 3. If no response is filed by the returnable date, Plaintiff or Petitioner may file a motion to make rule absolute. BY THE O RT: (k K 04�l,',�a n as A.Macey ✓ �,;�d sr.,� yn my-ers Common Pleas Judge Susa h k. M y«s ✓Pousal+old R-&/A/ 60-1. 49p;as .,Yed lil a.CI13 • THOPitYstAp PHELAN HALLINAN,LLP20'4 JAH 24 m B lin y:Joseph E. DeBarberie,Esif II' 1 3 Identification No.: 315421 E One Penn Center Plaza, Suite 1400 S Y�AN/A Attorney for Plaintiff and Petitioner Philadelphia,PA 19103 (215) 563-7000 WELLS FARGO BANK,N.A., S/B/M : COURT OF COMMON PLEAS WELLS FARGO HOME MORTGAGE, INC. : CIVIL DIVISION Plaintiff : No. 11-9347-CIVIL v. : CUMBERLAND COUNTY LINDSEY M. MYERS • SUSAN K. MYERS • Defendants MOTION TO MAKE RULE ABSOLUTE Plaintiff and Petitioner, the Federal Home Loan Mortgage Corporation ("FHLMC"), by and through their counsel, Phelan Hallinan, LLP, hereby move this Honorable Court to make its Rule to Show Cause absolute in the above-captioned action, and in support thereof avers: 1. On November 19, 2013, Plaintiff and Petitioner filed a Petition for Supplementary Relief in Aid of Execution Pursuant to Rule 3118. 2. The Petition was served contemporaneously with its filing. A true and correct copy of the Certificate of Service attached to the Motion is attached hereto, made a part hereof, and marked as Exhibit"A". 3. On November 25, 2013, the Honorable Thomas A. Placey entered a Rule directing respondent and Defendants to show cause, within twenty (20) days of service of the Rule, why the Petition should not be granted. A true and correct copy of the Rule is attached hereto,made a part hereof, and marked Exhibit`B". • 4. The Court's rule was served on respondent and Defendants on December 30,'2013. A true and correct copy of the time-stamped Certificate of Service of the Rule is attached hereto, made part hereof, and marked Exhibit"C". 5. Respondent and Defendants have failed to respond or otherwise plead by the rule returnable date of January 21, 2014. 6. Under Pennsylvania Rule of Civil Procedure 206.7(a), if an answer is not filed, all averments of fact may be deemed admitted and the Court shall enter an appropriate order. WHEREFORE, Plaintiff and Petitioner ask that this Honorable Court make its Rule to Show Cause absolute and grant the Petition for Supplementary Relief in Aid of Execution Pursuant to Rule 3118. Respectfully submitted, P • ,LAN HALLINA LLP Date: ( '.2-.1.-'.2-.1.- I. B / '�( Jos I; E. DeBarberie, Esquire Ide fication No.: 315421 Attorney for Plaintiff and Petitioner Exhibit "A" PHELAN HALLINAN,LLP By:Joseph E.DeBarberie,Esquire Identification No.: 315421 Lauren It Tabas,Esquire Identification No.:93337 One Penn Center Plaza,Suite 1400 Attorney for Plaintiff Philadelphia,PA 19103 (215)563-7000 WELLS FARGO BANK,N.A.,SB/M : COURT OF COMMON PLEAS WELLS FARGO HOME MORTGAGE, INC. : CIVIL DIVISION • Plaintiff : No. 11-9347-CIVIL v. : CUMBERLAND COUNTY LINDSEY M.MYERS • SUSAN K.MYERS • Defendants CERTIFICATE OF SERVICE I, the undersigned attorney, hereby certify that a true and correct copy of Plaintiff and Petitioner's Petition for Supplementary Relief in Aid of Execution Pursuant to Rule 3118 was served on the following parties via regular mail on the date indicated below: Household Realty Corp. Household Realty Corp. 292 Walden Avenue c%HSBC Mortgage Services Depew,NY 14043 636 Grand Regency Blvd. Brandon,FL 33510 Lindsey M.Myers Susan K.Myers Susan K.Myers 1014 West Foxcroft Drive 1852 Sheepford Road Camp Hill,PA 17011 Mechanicsburg,PA 17055 (continued) • Lindsey M.Myers 329 Fourth Street,2nd Floor New Cumberland,PA 17070 Respectfully submitted, PHELAN HALLINAN,LLP Date: // if 1 3 By: 903AV/- Jose, .DeBarberie,Esquire Ident 'cation No.:315421 Lauren R.Tabas,Esquire Identification No.:93337 Attorney for Plaintiff Exhibit "B" ,` 11 ko IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK,N.A., SB/M • --+ WELLS FARGO HOME MORTGAGE, : CIVIL DIVISION zm _: INC. Z vo < cn tv o c:- Plaintiff : No. 11-9347-CIVIL v. x o a; . v °' .a- . LINDSEY M. MYERS • SUSAN K. MYERS Defendants RULE AND NOW,this day of Iv Ot 4NAi.4.•_. ,2013,based upon Plaintiff and Petitioner's Motion for Supplementary Relief in Aid of Execution Pursuant to Rule 3118, and any response thereto, it is hereby ORDERED and DECREED that 1. A rule is issued upon the respondent,Househ' ld Realty Corp., and Defendants to show cause why Plaintiff and Petitioner are not entitled to the relief requested; 2. Rule returnable by filing a written response within twenty (20)days of service of this Rule;AND 3. If no response is filed by the returnable date, Plaintiff or Petitioner may file a motion to make rule absolute. BY THE O RT: ✓ Alt 1a14 144 v a A.14acey ✓ L.4.4 scy pi. My GrS Common Pleas Judge Suss/h /2. PI y tt ✓Pou sa4o/d /2€4//y C'6.t. Cop;as j.led f at/'a • oikt Exhibit "C" FILED-Or=F1Cc OF THE PROTHONOTARY 2014JAN -3 PI1 1: 1S CDMQERLAND COUNTY PHELAN HALLINAN,LLP PENNSYLVANIA By:Joseph E.DeBarberie,Esquire Identification No.: 315421 Lauren R.Tabas,Esquire Identification No.: 93337 One Penn Center Plaza, Suite 1400 Attorney for Plaintiff Philadelphia,PA 19103 (215) 563-7000 WELLS FARGO BANK,N.A., S/B/M : COURT OF COMMON PLEAS WELLS FARGO HOME MORTGAGE, INC. : CIVIL DIVISION Plaintiff : No. 11-9347-CNIL v. : CUMBERLAND COUNTY LINDSEY M. MYERS • SUSAN K. MYERS • Defendants CERTIFICATE OF SERVICE I, the undersigned attorney, hereby certify that a time and correct copy of the Court's November 25, 2013 was served on the following parties via regular mail on the date indicated below: Household Realty Corp. Household Realty Corp. 292 Walden Avenue c/o HSBC Mortgage Services Depew,NY 14043 636 Grand Regency Blvd. Brandon,FL 33510 Lindsey M. Myers Susan K.Myers Susan K. Myers 1014 West Foxcroft Drive 1852 Sheepford Road Camp Hill,PA 17011 Mechanicsburg,PA 17055 (continued) f • Lindsey M. Myers 329 Fourth Street,2nd Floor New Cumberland,PA 17070 Respectfully submitted, P . LAN , LINAN,LLP r Date: 1 i� 3v �3 By: A 01.412A&--- Jose DeBarberie,Esquire Iden' ion No.: 315421 Laure •'.Tabas,Esquire . Identification No.: 93337 Attorney for Plaintiff • • PHELAN HALLINAN,LLP By: Joseph E. DeBarberie,Esquire Identification No.: 315421 One Penn Center Plaza, Suite 1400 Attorney for Plaintiff and Petitioner Philadelphia,PA 19103 (215) 563-7000 WELLS FARGO BANK,N.A., S/B/M : COURT OF COMMON PLEAS WELLS FARGO HOME MORTGAGE, INC. : CIVIL DIVISION Plaintiff : No. 11-9347-CIVIL v. : CUMBERLAND COUNTY LINDSEY M. MYERS SUSAN K. MYERS Defendants • CERTIFICATION OF SERVICE I, the undersigned attorney, hereby certify that a true and correct copy of Plaintiff and Petitioner's Motion to Make Rule Absolute was served upon the following interested parties via first class mail on the date indicated below: Household Realty Corp. Household Realty Corp. 292 Walden Avenue c/o HSBC Mortgage Services Depew,NY 14043 636 Grand Regency Blvd. Brandon,FL 33510 Lindsey M. Myers Susan K. Myers Susan K. Myers 1014 West Foxcroft Drive 1852 Sheepford Road Camp Hill,PA 17011 Mechanicsburg, PA 17055 (continued) 759564 Lindsey M. Myers 329 Fourth Street,2nd Floor New Cumberland, PA 17070 Respectfully submitted, P .ELAN HALLIINAN LLP Date: 1 2 1 4 B 0(90vg-e--‘,-..—✓ Jose E. DeBarberie, Esquire Ide ication No.: 315421 Attorney for Plaintiff 759564 -------- \!,)\‘;'\. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • WELLS FARGO BANK,N.A., S/B/M WELLS FARGO HOME MORTGAGE, : CIVIL DIVISION INC. Plaintiff : No. 11-9347-CIVIL • v. LINDSEY M. MYERS . SUSAN K. MYERS Defendants RDER AND NOW, this 2 day of , 2014, upon consideration of Plaintiff and Petitioner's Petition for Supplementary Relief in Aid of Execution Pursuant to Rule 3118, and there being no response thereto, it is hereby ORDERED and DECREED that: 1. The August 7, 2013 Sheriff's sale of the property located at 1852 Sheepford Road, Mechanicsburg, PA 17055-6738, parcel number 13-27-1877-027 is confirmed; 2. The interest of Household Realty Corp. in said property through the mortgage recorded on June 16, 2005 in Mortgage Book 1910, Page 4755 is hereby divested as though fully notified in accordance with Pa. R.C.P.No. 3129.2; and 3. Plaintiff may have a certified copy of this Order recorded in the Cumberland County Recorder of Deeds Office. I 1 am. A.PI cey ..4-. Household Realty Corp. Common Pleas Judge c; = sey M. Myers -o 3 -' tea' c-- mss_-' 'CrK. Myers x m Ia. ain Hallinan, LLP cnr— ry -< uLi CD 'CI*SS Pa 1 (c_CL r--7--- Ac) 3 c'' /70/1?//C - -cj tV 6;r, C) =% 759564