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Home My WebLink About11-9348 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ???1t1a' pl ?:uuGer1„, r FiLEO,QFFICE ?, OF THE,PR0TH0NOTAR ; 2012 JAN -3 AM 10: 35 CU PENNSYLVANIA TY Wells Fargo Bank, NA Case Number vs. Jeanne A. Shearer 2011-9348 SHERIFF'S RETURN OF SERVICE 12/22/2011 04:43 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on December 22, 2011 at 1643 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Jeanne A. Shearer, by making known unto Don Paul Shearer, Son of Defendant at 416 N. Front Street, Wormleysburg, Cumberla ounty, Pennsylvania 17043 its contents and at the same time handing to him personally the said tru n correct copy of the same. 1/ L BARRICK, DEPUTY SHERIFF COST: $44.00 December 30, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF C; {Alfa 7iAte. Snentf ie°C )tt in- WELLS FARGO BANK, N.A. IN THE COURT OF COMMON PLEAS 3476 Stateview Boulevard CUMBERLAND COUNTY, PEN NSYLVANIA Fort Mill, SC 29715 Plaintiff CIVIL DIVISION V. TERM c fz JEANNE A. SHEARER No. 11-9348 (Civil Term) i N C- ? F a 416 North Front Street ,- , Wormleysburg, PA 17043 -? C Defendant s _ C3 CIVIL ACTION - LAW ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE COMES NOW, Defendant, Jeanne A. Shearer, acting Pro Se, responds to the Complaint, as follows: 1. Admitted. 2. Admitted. 3. Admitted 4. Admitted 5. Admitted except that Plaintiff has refused to accept partial payments after August 24, 2010 and, there is substantial correspondence from Plaintiff to Defendant and telephone conversations with Defendant as late as November 21, 2011 relative to her participation in resolving the arrearage in payments. Defendant further has submitted data requested by Plaintiff on numerous occasions. 6. Admitted. 7. Admitted. 8. Admitted in part and denied in part in that said Notice was sent to Defendant. However, denied in part because in fact Plaintiff and Defendant have conversed by telephone and U.S. Regular Mail relative to resolving the current mortgage situation including dozens of letters and dozens more of telephone conversations from Plaintiff up to and within the last (30) days relative to modification of this mortgage loan. Defendant has cooperated fully with Plaintiff and in fact Plaimtiff has agreed to terms and conditions offered by Defendant to correct the arrearages in the mortgage payments. Plaintiff has by its actions extended the temporary stay to foreclosure. WHEREFORE, since Plaintiff consented to modify the loan to the benefit of both Plaintiff and Defendant and for Defendant's continued interest in resolving the current mortgage situation and curing the current arrearages in the mortgage payments plus costs to initiate this action, and because Plaintiff and Defendant have taken action to cure said mortgage default, Defendant respectfully demands that this Honorable Court dismiss Plaintiffs Complaint for Mortgage Foreclosure as demanded by Plaintiff in its Complaint against Defendant. JE NE A. SHEARER, Defendant, Acting Pro Se 416 North Front Street Wormleysburg, PA 17043 (717) 350-2799 E-mail: iasCc?dps-ga.com Date: VERIFICATION I, Jeanne A. Shearer, hereby verify that the facts contained in the foregoing Answer to the Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. JE NE A. SHEARER Date: 1/9`1L Januaryf, 2012 DELIVERY OF SERVICE I, Jeanne A. Shearer, acting Pro Se, hereby certify that service of the foregoing ANSWER TO THE COMPLAINT was made on the following via U.S. Regular and Certified Mail On January 10, 2012. Robert W. Cusick, Esq. PA I D # 80193 Phelan, Hallinan & Schmieg, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard Suite 1400 Philadelphia, PA 19103 JEANNE A. SHEARER fa??_ € t OT"iONOTAk 20! 2 N' A)0 I r; AM I I : 4+ _ ,UMBERLAND CCU T"I" F"I tlSYLVANIA PHELAN HALLINAN & SCHMIEG, LLP BY: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 Wells Fargo Bank, N.A. 3476 Stateview Boulevard Fort Mill, SC 29715 Plaintiff VS. Jeanne A. Shearer 416 North Front Street Wormleysburg, PA 17043 Defendant Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 11-9348-Civil MOTION FOR SUMMARY JUDGMENT Plaintiff respectfully requests that the Court enter an Order granting summary judgment in its favor in the above-captioned matter and in support thereof avers as follows: 1. There are no material issues of fact in dispute. 2. Plaintiff is seeking only an in rem judgment in this mortgage foreclosure action. 3. Since Defendant admitted the default in paragraph five of her Answer to the Complaint, summary judgment for Plaintiff is appropriate, as is further addressed in Plaintiffs attached Brief. 4. Defendant, Jeanne A. Shearer, has filed an Answer to the Complaint in which she has effectively admitted all of the allegations of the Complaint, as is further addressed in Plaintiffs attached Brief. 5. In her Answer, Defendant generally denies paragraphs five and six of the Complaint, which aver the default and the amounts due on the Mortgage. True and correct copies of Plaintiffs Mortgage Foreclosure Complaint and Defendant's Answer are attached hereto, incorporated herein by reference, and marked as Exhibits C and D, respectively. 6. Defendant admitted in paragraph three of her Answer that she executed the Mortgage and that the Mortgage has been assigned to Plaintiff. A copy of the Mortgage, which is recorded in the Office of the Recorder of Cumberland County in Mortgage Book No. 1936, Page No. 44, redacted to remove confidential account information, is attached hereto, made part hereof, and marked Exhibit A. A copy of the Note, redacted to remove confidential account information, is also attached hereto, made part hereof, and marked Exhibit Al. 7. The Mortgage was assigned to Plaintiff. Said transfer was documented by an Assignment of Mortgage, which is recorded in Assignment of Mortgage Book No. Instrument No. 201115036. A copy of the Assignment to Plaintiff, redacted to remove confidential account information, is attached hereto, incorporated herein by reference, and marked as Exhibit A2. 8. The Mortgage is due for the May 1, 2010 payment, a period in excess of twenty-five (25) months. An Affidavit confirming the default and the amount of the debt is attached hereto, incorporated herein by reference, and marked as Exhibit B. 9. Defendant's default is also evidenced by Plaintiffs loan history. A correct copy of the loan history, redacted to remove confidential account information, is attached hereto, made part hereof, and marked Exhibit F. 10. The last payment applied to the Defendant's mortgage was on or around May 19, 2010. Plaintiff applied this payment to Defendant's account for the delinquent April 1, 2010 payment, as is evidenced by the attached loan history on Defendant's account. See Exhibit F. The account remains due and owing for the May 1, 2010 payment. Furthermore, Defendant has not provided proof of any payments she might have made. 11. Defendant alleges in her pleadings that she attempted to make payments but that Plaintiff would not accept them. The Superior Court has held that mortgagees are not required to accept partial payments, and that tendering partial payments is not a defense to foreclosure. Bell Fed. Sav. & Loan Ass'n of Bellevue vs. Laura Lanes, Inc., 291 Pa. Super. 395, 435 A.2d 1285, 1287 (1981). This is addressed further in Plaintiff's attached Brief. 12. Further, Defendant alleges that she is entering into a Loan Modification with Defendant. However, Defendant failed to submit all requested information and was denied for a modification by way of letter dated April 7, 2011. A copy of the April 7, 2011 letter, redacted to remove confidential account information, is attached hereto, made part hereof, and marked Exhibit G. 13. Defendant has admitted that Plaintiff has complied with Act 6 of 1974 and Act 91 of 1983. 14. Plaintiff has complied with Act 6 of 1974, 41 P. S. §403(a), and Act 91 of 1983, 35 P. S. § 1680.401 c, by sending Defendant the combined notice provided for under Act 91. A copy of the combined notice, redacted to remove confidential account information, (along with proof of mailing) is attached hereto, made part hereof, and marked as Exhibit E. 15. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because Defendant has failed to meet with an authorized credit-counseling agency in accordance with Plaintiffs written notice to Defendant. 16. Defendant has failed to sustain her burden of presenting facts which contradict the averments of Plaintiffs Complaint. 17. Defendant has the right to reinstate or pay off the loan up until one hour before a EXHIBIT A ?iA. NO,', D:C 30 AN ? 06 [Space Above This Idae For Record big Data] MORTGAGE MIN: 100029500009912050 DEFINITIONS 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 December 16, 2005 together with all Riders to this document. (B) "Borrower" is JEANNE A SHEARER, As A Single Woman Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. (D) "Lender" is Taylor, Bean & Whitaker Mortgage Corp. organized and existing under Lender is a . Lender's address is the laws of FL 1417 North Magnolia Ave, Ocala, FL 34475 (E) "Note' means the promissory note signed by Borrower and dated December 16, 2005 . The Note states that Borrower owes Lender One Hundred Sixty Eight Thousand Three Hundred and no/100 Dollars (U.S. $ 168,300.00 plus interest. Borrower has promised to pay this debt'in regular Periodic Payments and to pay the debt in full not later than January 01, 2036 (Y) "Property" means the property that is described below under the heading "Transfer of Rights in the Property " (G) "Loan" means the debt evidenced by the Note; plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. PENNSYLVANIA-Single Fantity-Pantile MatlFreddte Mae UNIFORM INSTRUMBNt' Form 30" trot oRE,TLAND ¦ (Pa e l o 16 To O,6a GY: 1-804`+9P9ta10Far 616-791. MI ITEM TZ760L.110011)?IERa g of PadU' ixu??Armrenr?arw (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ? Adjustable Rate Rider ? Condominium Rider ? Second Home Rider ? Balloon Rider El Planned Unit Development Rider F-1 Other(s) [specify] 1-4 Family Rider F? Biweekly Payment Rider (I) "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. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a •transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (outer than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "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 PENNSYLVANIA-Single Family-Fantle Abe/Freddle Mac UNIFORM INSTRUMENT Form 3039161 ITEM T27901.2 ton11)--Ens (page 2 of 16Pa8es) To Wtv Cal: 1-8*5W9M 0 Fa$116 N 7911--111131 "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that parry 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 MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS the following described property located in the Countyy (Type of Recording rurisdiclion) of Cumberland [NanLc of Recording Jurisdiction] See Attached Exhibit A. which currently has the address of 416 N FRONT ST (Street] WORMLEYSSURG Pennsylvania 17043 ("Property Address"): [City! IZp Codcl TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property" Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lenders successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. PENNSYLVANIA-SiogIc Fanvly-Far de MadFreddle Mac UNIFORM INSTRUMENT Form 3039 U01 21ATLmo ¦ f rE1A TP7600 001 i}-UERa (Page 3 of 16 pages) 7o ONu Cal: 1-000969390 CIF. 616.791.1131 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to 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) nwney 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 Instrumeut or performing the covenants and agreements secured by this Security instrument. 2. Application of Payments or Proceet a. 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);anmounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any retraining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment 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 PENNSYLVANIA-Single Family-Fannie Mae/Frcddie Mae UMFORM INSTRUMENT Form 3039 t/01 OREATIAND ¦ ITEM 727801-4 toot 1F-AWN (Page 4 of )6 pages/ To adn Cal: i-NO.5 tus30Fu 616-M-1131 Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall, pay to Lender on the day Periodic Payments 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 Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section S; 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 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 stich 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 PENNSYLVANIA-Single Family-Famde Mae/Freddle Mu UNIFORM INSTRUMENT Form 30391/01 OREATLAND ¦ ITEM TZ?Wt5 (00 11 y--WAS (Page 5 of 16 pages) To aau W laoo-saamsa 0 ran e1e-M-1131 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 defined under RESPA, Lender shall notify Borrower as requited 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; Llens. Borrower shall pay all taxes, 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 areal 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 terns of the Loan. The insurance carrier providing the insurance shall,be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time reinappings 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. Leader 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 tnight provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall became 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. PENNSYLVANIA-Single Family-Farde MadFreddte Mac UNWORM INSTRUMENT Form 31[39 ll01 ORFATUe1D a ITEM T2760r8 (00111-MRS (Page 6 of 16 pages) To Order Cal:14IW53D-OM War 616.791.113 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 requited 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 trade promptly by Borrower. Unless Lender and Borrower otherwise We 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 Leader's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third 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 due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at 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 cominil waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not eeonomically'feasible, Borrower shall promptly repair the Property if damaged to avoid farther 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 PENNSYLVANIA-Single Fancily-Fannie Mae/Freddte Mac UNIFORM INSTRUMENT Form 30391101 naEATUNID ¦ STEM TDM17 (0011>-MEtte (Page 7 of 16 Pages) To @da Cal, 1-WO.570-e393 0 he 616-M • 1131 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. & 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 failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the vilue 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 [Hake 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 udder this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortpptge 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, PENNSYLVANIA--Ongle Family-Famde Maeffiro le Mae UNIFORM 1NSTRUNIENl' Form 30391ro1 MW T27MA (0011)-?nERa (Page 8 of 16peges) T. Qds Cat I-MSI631ar OF?un6 6.731 notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of 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 terns and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to 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. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not Increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (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 Durance, to have the Mortgage Insurance termtlnated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the tune 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 tight 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 PENNSYLVANIA-Single Family--Fatde Mae/Freddle Mac UNIFORM INSTRUMENT Form 30M Val ITEM T27WL91001r>-?s (Page 9 of 16 pages) To Oidar Cal: 14 530.93930hx 616-791- It ¦ 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 sunup 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. 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 makelan 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 patty 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 Leader 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- PENNSYLVANIA--Sipple Family-Fanate MaeWre to Mae UNIFORM INSTRUMENT Fora 30M 1101 DRFATIAND • ITEM T216aL1a (0011)-YERS (Page to ojt6 pages) To o,d« cat n-aoo-sao-eei or« III&M-nsr 13, Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer'): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that 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 Borrower. Lender may choose to tmkc this refund by reducing the principal owed under the Note or by snaking a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 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 Borrowers notice address if sent by other [Weans. 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 Leader of Borrower's change of address. If Lender species a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specked procedure. There may be only one designated notice address under this SecuritylInsttument at any one time. Any notice to Leader 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 Instr urtent is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of PENNSYLVANIA--Single Fwaily-Fannie Mae/Fre"e Mae UNIFORM INSTRUMENT Form 3059 Vol OREATUWD ¦ ffEMTZreoui(oosit--rtEas (page I I of 16 pages) Tooro¦at1400-530.OM0F=Su-re(-n3s 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 Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate Alter Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of. (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lenders interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order, (c) certified check, bank check, treasurer's 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 night 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 PENNSYLVANIA-Single Family-FanWe MadFreddte Mae UNIFORM INSTRUMENT Form 30391/01 GREATt.AND ¦ ITEM T27$1)02(01XIt)-Y (Page 12 of 16 pug-) To Ordw A1: 1.0)( 04393aru 616-791-1131 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 deetned 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 farmnable 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 Envirormiental 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 governmental or regulatory authority, or any private party, that any removal or other rentediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. PENNSYLVANIA--Sintdc Fatuity-Fannle MaeJFreddle Mac UNIFORM INSTRUMENT Form 30391/01 (Page 13 ofl6 pages) To Order G1:1-SW53D-VM0 Far. 610-791.1131 ITEM T276a?13 1aa1 1J-YEFIS 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 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default' (c) when the default must be cured; and (d) that ibilure to cure the default as specilkd 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, at Its option may require immediate payment in doll of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by Judicial proceeding. Lender shall be entitled to collect all expenses Incurred in pursuing the remedies provided in this Section 22, Including, but mt limited to, attorneys' fees and costa of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the 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 time, exemption from attachment, levy and sale, mid homestead exemption. 25. Reinstatement Period. Borrowers time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If 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. PENNSYLVANIA-Single Family-Fannie MadFreddte Mac UNIFORM INSTRUMENT Form 3039 IMI 13REATtAND ¦ rrEA1 r276a14 tam 1I--MERa (Page 14 of 16 pages) To Oida GC 14*53o-9n3 0 Fax 616-M-1171 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages I through 16 of this Security Instrument and in any Rider executed by Borrower and recorded with it. Off- ( (Seal) cal) JEANNE A SHEARER -Boer -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) -Borrower Witness: -(Seal) -Borrower Witness: PENNSYLVANIA-SbWc Family-Funk Mae/Fceddte Mac UNIFORM INSTRUMFM Fenn 3039 llal CIPWATLAND ¦ ITEM 777WL15 (0011)-MERE (Page 15 of 16 pages) To War Cal: 140043M93 ?Fax 616.761.1191 Stateof Paltivt-.?'O vum County of i V% On this the day of IN C' if?i' XOO' , before me, S? l^ w Re t D the undersigned officer, personally appeared A c >AV? '? Q iAY 2tr , • F`G1L9Y Yt?Q i n -FKcA FO r ?`24t V? (MC ?? J Pfd f known to me (or satisfactorily proved) to be the person(s) whose name(s) subscribed to the within instrument and acknowledged that %%C executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL JOHN R. BEINHAUR. Notary Public Paxton Twp . Dauphin County Commission Expires March 13, 2007 ::MLow After Recording Return To: COLONIAL LAND TRANSFER, LTD 3964 LEXINGTON STREET HARRISBURG , PA 17109 Cil Pr)6hL/ 1!?Il Title of Officer my commission expires: CERTIFICATE OF RESIDENCE I ?tyi?v. ?• e` r't7(" tom/ do hereby certify that the correct address of the within named lender is 1417 North Magnolia Ave, Ocala, FL 34475 Witness my hand this 1(o day of 1)R rJL tnX+?n . a I ? 4/-&, Agent of Lender PENNSYLVANIA-Single Family-Fannie MadFreddle Mae UNIFORM INSTRUMENT Form 3039 1101 OREATLAND 0 ITEM TV60L19 (0011l--V ERa (Page 16 of 16 pages) To oiow ca: 1-muo-9=1 O ra 816-791.1131 . r wY EXHIBIT "A" LEGAL DESCRIPTION 416 N. Front Street, Wormleysburg, PA 17043 Tax Parcel No.: 47-19-1588-106 ALL THAT CERTAIN piece orparcel of land, situate in the borough of Wormleysburg, formerly the township ofEast Pennsboro, County of Cumberland and State ofpennsylvania, bounded and described as follows, to wit: BEGINNING at a point on Front Street, which point is 150 feet North of the northern line of Elm Street, as marked on Plan of Lots hereinafter mentioned, and at the northern line of Lot No. 31 on said plan; thence westwardly along the said northern line of said lot 154.80 feet to the eastern line of River Alley; thence northwardly along the eastern line of River Alley 621/2 feet, more or less, to a point; thence eastwardly along a line parallel with the said northern line of Lot No. 31 on said plan 154 feet, more or less, to Front Street; thence southwardly along Front Street 621/2feet to a point, the place of BEGINNING. I Certify this to be recorded to Cumberland County PA 4 v Recorder of Deeds 6?1936!PG0060 EXHIBIT Al NOTE December 16, 2005 WORMLEYSBURG Pennsylvania (Dmel 10tyl [State) 415 N FRONT ST WORMLEYSBURG, PA 17043 [Property Addnml 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. 3166,300.00 (this amount is called "Principal', plus interest, to the order of the Lender. The Lender is Taylor, Bean 3 Whitaker Mortgage Cote. I will snake all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 7.0000%. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Piece or Payments I will pay principal and interest by making a payment every month. I will snake my monthly payment on the let day of each month beginning on February 01, 2006 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on January 01, 2036 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at Taylor, Bean & Whitaker Mortgage Corp., 1417 North Magnolia Ave, Ocala, FL 34475 (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $1,119.70 or at a different place if required by the Note Holder. 4. BORROWER'S RIGHT TO PREPAY I have the right to matte payments of Principal at any time before they are due. A payment of Principal only is known as it "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will he no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. MULTISTATE FIXED RATE NOTE-S mgte BuWy-Faaale blaWreddie Mac UNIFORM INSTRUMENT Form 3M 1/01 GAFAYLAND ToOrder Gr 14OD570F9a900h= 616- 1-1 .1191 ITEM T1WGLI Iee11) (Page 1 of 3 pages) ¦ 1111101119110111 s ti i ? ?--x S. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this 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 front me which.exeeede d permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by malting a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of Fifteen calendar days after the date it is due, l will pay a late charge to the Note Holder. The amount of the charge will be 5.0000` of my overdue payment of principal and interest. 1 will pay this late charge promptly but only once on each late payment. (B) Default If 1 do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Prescntrnent" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts dire have not been paid. 10. UNIFORM SECURED NOTE This Note is it uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deal of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in MULTISTATE FIXED RATE NOTE-Single Fundy-Fantle MadFreddte Mac UNIFORM INSTRUMENT Form 33001/01 OREATIANU ¦ ITEM 7166612 (6011( (Page 2 of 3 pages) To Oda W- 1400330.9333 0 FIX 616791.1131 this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: 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 Instrument without further notice or demand on Borrower. Borrower has executed and acknowledges receipt of pages 1 through 3 of this Note. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED L ? 4, f- rCi- (Seal) JEANNE A SHEARER -Borrower (Seal) -Borrower _ (Seal) (Seal) -Borrower -Borrower _(Seal) (Seal) -Borrower -Borrower JSlgn Original Only] MULTISTATE FDLED RATE N0TZ-Sing0e Rmdy-`a st" bLdFrs idle Mac UNWORM MMUMIVT Form 3=0 lAl aFF'runw ¦ nErd rreoaw loos r) (Page 3 of 3 pager) To 01st rat: 14oo-sla=13F¢ ela•rs+•rrrr EXHIBIT A2 /5-03(6 MI ? (Space above this line for recorder use only) ASSIGNMENT OF MORTGAGE For value received, mortgage Electronic Registration Systems, Inc., (MFRS) as nominee for Taylor, Bean At Whitaker Mortgage Corp, its successors and assigns, whose address Is 1901 E Voorhees Street, Suite C, Danville, IL 61834, the undersigned hereby grants, assigns, and transfers to: Walls Fargo Bank, N.A,1 Home Campus, Des Moines, IA 50328 herein 'Assignee' its successors and/or assigns, all its right, title, and all beneficial Interest under that certain Mortgage, herein "Security Instrument" executed by Jeanne A Shearer, As A Single Woman, dated December 16, 2005, in the amount of $168,300.00 and given to Mortgage Electronic Registration Systems, Inc., as nominee for Taylor, Bean & Whitaker Mortgage Corp and recorded on December 30, 2005 as Document or Instrument Number n/o and/or in Book 1936, Page 0060, of Official Records In the County Recorder'Sofnce of the County of Cumberland, Pennsylvania, describing land therein as: Borough or City: Wormleysburg Legal Description; See Attached Signed this!! Mortgage Electronic Registration Systems, Inc. Name. ... ][QJ26 _..._. _._.......... Title: Assistant Secretary _ PENNSYLVANIA ALL PURPOSE NOTARY ACKNOWLEDGEMENT STATE OF MINNESOTA ) COUNTY Of DAKOTA nth r t a 4 JJi gi?? beforern f s_ ?t? Personally appeared V surer 5ecr ryof tgsge E ettronk ftegtslra n ystems, !tic„ personally known to me - OR £ raved to me on the balls of sa kfauory evidence to bet nan[s) whose name(s) arL subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacity(lesi, and that byhis/her/their signatures on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Property Address: 416 N Front St, Wormleysburg, Pennsylvania 17043 Property Tax ID or PIN: 47-19.1588-106 Document prepared by and Wells Fargo Home Mortgage when recorded, return to: Attn: Kathryn Churchill, x9999-018 PO Box 1629 Minneapolis, MN 55440.9790 I do hereby certify that the precise residence of the within named assignee is: 1 Home Campus, Des Moines, IA 50328 Page 1 of i W Smyhandandt>fflct#seal, ,Xq tom • WOrgt trt [y My C Commission Exp sue- ll ?I AMY H. GALLOWAY j ':nary Pubkc-Minnesota ?trtr own igar. W r a t, 20 t 6 vvvrwvwv J'(Kathi`0 Church 11) 0910812011 10:02:06 AM CUMBERLAND COUNTY InsL# 201115036 - Page 1 of 3 LEGAL DESCRIPTION ALLTIIA'??KTAIldpioatrprndafLtat,r4itstelatloe booara?tofwetwdtyabttq, fottttaly tFwawuMlpafFa?lPenoebao,QwnhofC?atbahnlyd?aeotP?na*yl+aoYlbownbdaddaaR?ad is follows, to wit: ©EQIldNwOtlapofntonFroMSasa,pdati?1 SOfeMNoAhottMoo[Mnliaeof8lro 5heal,umarkedanPlmofLottdaxla0mmem1VWNOa4WOM01md ONo,31WWd plan; It+eaoewatMnadlyabnQlMadd aotthaaUaeofitaWld ISI.iOhetbdtswtataYtteofWvaANry thence %Mhwttt W 41M (ho 6umn Has ofQtverAlky 621/2 60, above at kit, to a pout; tbum teNavardb%W%@Vmp"Wwt&*osddow6rallmotLdllo )I anm&plea 134fta ?vmorlwb to Front Strict; them wAwn%Uy aloof Front Sheet 6215 feat to ¦ polnt, the p1m of 55020M40. .0/08/2011 10:02:06 AM#'?? CUMBERLAND COUNTY Instil 201115036 . Page 2 of 3 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201115036 Recorded On 5/26/2011 At 11:06:04 AM * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 87468 User ID - ES * Mortgagor - SHEARER, JEANNE A h Mortgagee - WELLS FARGO BK N A * Customer - WELLS FARGO HOME MORTGAGE * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $50.50 * Total Pages - 3 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDER O D EDS " - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 111111111111111111111 0910812011 10:02:06 AM CUMBERLAND COUNTY Inst.N 201115036 • Page 3 of 3 EXHIBIT B Wells Fargo Bank, N.A. 3476 Stateview Boulevard Fort Mill, SC 29715 Plaintiff vs. Jeanne A. Shearer 416 North Front Street Wormleysburg, PA 17043 Defendant Court of Common Pleas Civil Division Cumberland County No. 11-9348-Civil PLAINTIFF'S AFFIDAVIT IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG ss. Daniel Wingfield, being duly sworn according to law, deposes and says: I am employed in the capacity of Vice President Loan Documentation at Wells Fargo Bank, N.A. [hereinafter "Wells Fargo"], mortgage servicing agent for Plaintiff in the within matter. In the regular performance of my job functions, I am familiar with business records maintained by Wells Fargo for the purpose of servicing mortgage loans, and I have personal knowledge of the operation of and the circumstances surrounding the preparation, maintenance, and retrieval of records in Wells Fargo's record keeping systems. These records (which include data compilations, electronically imaged documents, and others) are made at or near the time by, or from information provided by, persons with knowledge of the activity and transactions reflected in such records, and are kept in the course of business activity conducted regularly by Wells Fargo. It is the regular practice of Wells Fargo's mortgage servicing business to make these records. In connection with making this affidavit, I have acquired personal knowledge of the matters stated herein by personally examining these business records. 4. All proper payments made by Defendant(s) has/have been credited to Defendant's(s') account. Defendant's(s') mortgage payments due 05/01/2010 and each month thereafter are due and unpaid. The amounts due on the mortgage were correctly stated in the Complaint as follows: Principal Balance $160,084.68 Interest $17,085.25 04/01/2010 through 10/10/2011 Property Inspections $360.00 Escrow Deficit $7,304.47 001-PA-VI Total $184,834.40 6. Mortgagor has failed to cure the default. 7. Plaintiff provided mortgagor with a Notice of Intention to Foreclose Mortgage, but Defendant(s) did not take the necessary affirmative steps to avoid foreclosure. 8. Plaintiff properly accelerated its mortgage to protect its interests. Name: Daniel Wingfield Title: Vice President Loan Documentation Wells Fargo Bank, N.A. State of North Carolina County of Mecklenburg The foregoing instrument was s orn to and subscribed before me thiis D' - day of ?Jruc 2012, by n1ee1 l)tnQ3.e-[.3 , who is personally known to me. 40TAAY 1C?1c?8 x ? ?? l ES NOTARY PUBLIC, State of vat 00 06 PusL?G ?, My commission expires: Shearer, PHS# 269730 001-PA-VI EXHIBIT C Supreme Court-of Pennsylvania Cour + CQmn Pleas •! S E C T I O N S E C T T O N County For Prothonotary Use Only: Docket No: The information collected on this form is used solely for court administration purt)oses. This forrn does not .stinnlement or replace the filing and service o ' deadings or other ,u ,ers as rc uired ,bv law or rules of court. Commencement of Action: N Complaint ? Writ of Summons ? Petition ? Transfer from Another Jurisdiction ? Declaration of Taking Lead Plaintiff's Name: WELLS FARGO BANK, N.A. Lead Defendant's Name: JEANNE A. SHEARER Dollar Amount Requested: El within arbitration limits Are money damages requested? El Yes No (Check one) 9 outside arbitration limits Is this a Class Action Suit? ? Yes D No Is this an MDJ Appeal? ? Yes N No Name of Plaintiff/Appellant's Attorney: PhelanH...allinan & Schmieg, LI...P ? Check here if you have no attorney (are a Self-Represented [Pro Sel Litigant) Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do no,, include Judgments) CIVIL APPEALS ? Intentional ? Buyer Plaintiff Administrative Agencies ? Malicious Prosecution ? Debt Collection: Credit Card ? Board of Assessment ? Motor Vehicle ? Debt Collection: Other ? Board of Elections ? Nuisance ? Dept. of Transportation ? Premises Liability ? Statutory Appeal: Other ? Product Liability (does not include mass tort) ? Employment Dispute: ? Slander/Libel/ Defamation Discrimination ? Other: ? Employment Dispute: Other ? "Zoning Board ? Other: MASS TORT ? Asbestos ? Tobacco ? Toxic Tort - DES ? Toxic Tort - Implant ? Toxic Waste ? Other: PROFESSIONAL LIABLITY ? Dental ? Legal ? Medical ? Other Professional: ? Other: REAL PROPERTY ? Ejectment ? Eminent Domain/Condemnation ? Ground Rent ? Landlordf1'enant Dispute ® Mortgage Foreclosure: Residential ? Mortgage Foreclosure: Commercial ? Partition ? Quiet Title Cl Other: Pa.R. C . P. 205.5 MISCELLANEOUS ? Common Law/Statutory Arbitration ? Declaratory Judgment ? Mandamus ? Non-Domestic Relations Restraining Order ? Quo Wananto fA Replevin ? Other: Updated 0110.112011 PHELAN NALLINAN & 904013-6, LLP Robert W. Cusick, Esq., Id. No.80193 1617 )FK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 269730 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION V. Plaintiff JEANNE A. SHEARER 416 NORTH FRONT STREET WORMLEYSBURG, PA 17043-1114 Defendant TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File H: 269730 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE' THE OFFICE SET FORTH BELOW: THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE, YOU WITH INFORMATION ABOUT AGENCIES "THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 Fde N: 269730 1. Plaintiff is WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: JE:ANNE A. SHEARER 416 NORTH FRONT STREET WORMLEYSBURG, PA 17043-1114 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/16/2005 J'EANNE A. SHEARER made, executed and delivered a mortgage upon the premises hereinafter described to MOR'T'GAGE..'. ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINF,E FOR TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1936, Page 44. By Assignment of Mortgage recorded 05/26/2011 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201115036. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves 111c Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/01/2010 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified File fl- 269730 by written notice sent to Mortgagor, the entire principal balance and all interest duc thereon are collectible forthwith. The following amounts are due on the mortgage as of 10/10/2011; Principal Balance $160,084.68 Interest $17,085.25 04/01/2010 through 10/10/2011 Property Inspections $3WOO Escrow Deficit $7.304.47 TOTAL $184,834.40 7 Plaintiff is not seeking a judgment of personal liability (or an in peysnam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania. Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon. File it; 269730 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $184,834.40, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. 1'1lFI PI-LA LINA By: __.. _ -------.____. . Rabe W. Cusick, Esquire PA ID#80193, Attorney for Plaintiff File #; 2G9DO LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the Borough of Wormleysburg, formerly the township of East Pennsboro, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on Front Street, which point is 150 feet North of the northern line of Elm Street, as marked on Plan of Lots hereinafter mentioned, and at the northern line of Lot No. 31 on said plan; thence westwardly along the said northern line of said lot 154.80 feet to the eastern line of River Alley; thence northwardly along the eastern line of River Alley 62-1/2 feet, more or less, to a point; thence eastwardly along a line parallel with the said northern line of Lot No. 31 on said plan 154 feet, more or less, to Front Street; thence nouthwardly along Front Street 62 1 /2 feet to a point, the place of BEGINNING. PROPERTY ADDRESS: 416 NORTH FRONT STREET, WORMLEYSBURG, PA 17043- 1114 PARCEL. 4 47-19-1588-106 032-PA-V2 PHS# 269730 VERIFICATION Justina Luna, hereby states that he he is Vice President Loan. Documentation of WELLS FARGO BANK, N.A., plaintiff or mortgage servicing agent for plaintiff in this matter, that h she 's authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of hisp information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. See. 4904 relating to unsworn falsification to authorities. oAr..: l I.I ICI I i 032-PA-V3.1 File #: 269730 't'itle: Vice President Loan Documentation EXHIBIT D r? / 4 fo % ?rn Z ?F G?fJ ZK 16, WELLS FARGO BANK, N.A. IN THE COURT OF COMMON PLEAS 3476 Stateview Boulevard CUMBERLAND COUNTY, PENNSYLVANIA Fort Mill, SC 29715 ? r, Plaintiff CIVIL DIVISION =' --? rn Co pr A C- :11 f._.. f V. TERM u, - ' ? c: C JEANNE A. SHEARER No. 11-9348 (Civil Term) < j 416 North Front Street ;?? Wormleysburg, PA 17043 : `'•' r' Defendant :T CIVIL ACTION - LAW ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE COMES NOW, Defendant, Jeanne A. Shearer, acting Pro Se, responds to the Complaint, as follows: 1. Admitted. 2. Admitted. 3. Admitted 4. Admitted 5. Admitted except that Plaintiff has refused to accept partial payments after August 24, 2010 and, there is substantial correspondence from Plaintiff to Defendant and telephone conversations with Defendant as late as November 21, 2011 relative to her participation in resolving the arrearage in payments. Defendant further has submitted data requested by Plaintiff on numerous occasions. 6. Admitted. 7. Admitted. 8. Admitted in part and denied in part in that said Notice was sent to Defendant. However, denied in part because in fact Plaintiff and Defendant have conversed by telephone and U.S. Regular Mail relative to resolving the current mortgage situation including dozens of letters and dozens more of telephone conversations from Plaintiff up to and within the last (30) days relative to modification of this mortgage loan. Defendant has cooperated fully with Plaintiff and in fact Plaintiff has agreed to terms and conditions offered by Defendant to correct the arrearages in the mortgage payments. Plaintiff has by its actions extended the temporary stay to foreclosure. WHEREFORE, since Plaintiff consented to modify the loan to the benefit of both Plaintiff and Defendant and for Defendant's continued interest in resolving the current mortgage situation and curing the current arrearages in the mortgage payments plus costs to initiate this action, and because Plaintiff and Defendant have taken action to cure said mortgage default, Defendant respectfully demands that this Honorable Court dismiss Plaintiffs Complaint for Mortgage Foreclosure as demanded by Plaintiff in its Complaint against Defendant. JEANNE`A. SHEARER, Defendant, Acting Pro Se 416 North Front Street Wormleysburg, PA 17043 (717) 350-2799 E-mail: jasCa?dps-pa.com Date: 1 (`f ! 2 VERIFICATION I, Jeanne A. Shearer, hereby verify that the facts contained in the foregoing Answer to the Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. R\ (,7.i!)t .,.. M";u ? ?sZJca 5c1.1t? JEAN A. SHEARER Date: I N z- Januaryl, 2012 DELIVERY OF SERVICE I, Jeanne A. Shearer, acting Pro Se, hereby certify that service of the foregoing ANSWER TO THE COMPLAINT was made on the following via U.S. Regular and Certified Mail On January 10, 2012. Robert W. Cusick, Esq. PA ID # 80193 Phelan, Hallinan & Schmieg, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard Suite 1400 Philadelphia, PA 19103 JEANNE A. SHEARER EXHIBIT E Wells Fargo Home Mortgage P.O. Box 9039 Temecula, Ca 92589-9039 7113 8257 1474 3862 7950 Return Address only Do not send payments to this address 07/04/2010 18893//OSACr91/PA JEANNE SHEARER 416 N FRONT ST WORMLEYSBURG. PA 17043-1114 L..III...IIL.nlninll1rr1111111lnill1lnl,nll,linnilll RE: Wells Fargo Home Mortgage Loan Number Mortgagor(s): JEANNE SHEARER Mortgaged Premises: 416 N FRONT ST WORMLEYSBURG, PA 17043 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official Notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the program works. To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling A enc . The name address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice If you have any questions, you may call the Pennsylvania Housing Finance Aaency toll free at 1 (800) 342-2397 (Persons with impaired hearing can call 1(717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION 18893.708.ACT9 I.PA.0 °? OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): JEANNE SHEARER _ PROPERTY ADDRESS: 416 N FRONT ST WORMLEYSBURG, PA 17043- LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: WELLS FARGO BANK, N.A. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE; ASSISTANCE: - IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, - IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND - IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. 'T'EMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to- face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN THIRTY-THREE (33) DAYS THE POSTMARK DATE OF THIS NO'T'ICE 18893.7 08. ACT 91. PA.0 AND FILE AN APPLICATION WITH PHFA WITHIN THIRTY (30) DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERRIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it ua to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 416 N FRONT ST WORMLEYSBURG, PA 17043 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: May 2010 - July 2010 $ $4,507.47 Other charges (explain/itemize): Late charges $ $0.00 Expense Balance (may include NSF, and/or property inspections, and/or preservation, attorney fees and/or costs and/or appraisal BPO fees) $ $75.00 Unapplied Funds -$ $0.00 TOTAL AMOUNT PAST DUE: $ $4,582.47 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS 582.47 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check certified check, or money order made payable and sent to: WELLS FARGO HOME MORTGAGE I HOME CAMPUS X2302-04A DES MOINES, IA 50328 18893.708.ACT9I.PA.0 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale You may do so by paying the total amount then past due, plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such Sheriff's Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Phone Number: Fax Number: Contact Person: Email: Wells Fargo Home Mortgage 3480 Stateview Boulevard Fort Mill, SC 29715 1-888-937-6505 x 56035 1-866-494-8619 Gwendolyn Nesbit HousingAssistance@wellsfargo.com EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You X may or _ may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. 18893.708.ACT9I .PA.0 YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURF YOUR DEFAULT MORE THAN THREE (3) TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. 18893.708.ACP9I .PA.0 CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CUMBERLAND County Adams County Interfaith Community Action Maranatha Housing Authority Commission of Captial 43 Philadelphia Avenue 40 E High Street Region Waynesboro, PA 17268 3285 762 717 Gettysburg, PA 17325 1514 Derry Street . . 717.334.1518 Harrisburg, PA 17104 717.232.9757 CCCS of Western PA Loveship, Inc. PHFA 2000 Linglestown Road 2320 North 5th Street 211 North Front Street Harrisburg, PA 17102 Harrisburg, PA 17110 Harrisburg, PA 17110 888.511.2227 717.232.2207 717.780.3940 800.342.2397 The Pennsylvania Housing Finance Agency can be reached TOLL FREE at 1 (800) 342-2397. 1889 3.7 08. ACT 91. PA.0 EXHIBIT F SER1 CUSTOMER SERVICE INV 779/001 04/02/12 16:02:23 JEANNE SHEARER 0 TYPE CONV. RES. MAN F 000-00-0000 IR 7.00000 BR PR 416 N FRONT ST WORMLEYSBURG PA 17043-1114 0 < CHECK REQUESTED BY JOSEPH HZblANN >: 11/17/11 _ -----HIST---------------------- * LOAN HISTORY *--------------------------(MORE) PROC-DT DUE-DT TRAN TRAN-DESCRIPTION SG NO TRAN-EFFECTIVE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION 03-15-12 00-00 631 PROPERTY PRESERVATION 15.00 0.00 0.00 0.00 15.00 MTGR REC CORP ADV BA 02-10-12 00-00 631 PROPERTY PRESERVATION 15.00 0.00 0.00 0.00 15.00 MTGR REC CORP ADV BA 01-20-12 00-00 632 STATUTORY EXPENSES 100.00 0.00 0.00 0.00 100.00 MTGR REC CORP ADV BA 01-20-12 00-00 632 STATUTORY EXPENSES 92.00 0.00 0.00 0.00 92.00 MTGR REC CORP ADV BA 01-20-12 00-00 630 ATTORNEY ADVANCES 265.00 0.00 0.00 0.00 265.00 MTGR REC CORP ADV BA 01-06-12 00-00 631 PROPERTY PRESERVATION 20.00 0.00 0.00 0.00 20.00 MTGR REC CORP ADV BA ---* PF2 FOR ADDL MESSAGES *--------------------------------------------------- PRESS PF14 FOR MEMOS LIFE-OF-LOAN: WRTN AUTH RCVD TO RLSE INFORMATION TO ADELIA GATES ACTIVE FORECLOSURE PENDING TAX DISBURSEMENT - SEE TAX9 EN104@fferrare Apr 3, 2012 4:02:36 PM SERI CUSTOMER SERVICE INV 779/001 04/02/12 16:02:23 JEANNE S ' TYPE CONV. RES. MAN F 000-00-0000 IR 7.00000 BR PR 416 N FRONT ST WORXZYSBURG PA 17043-1114 0 _ < CHECK REQUESTED BY JOSEPH HEMANN >: 11/17/11 -----HIST---------------------- * LOAN HISTORY *--------------------------(MORE) PROC-DT DUE-DT TRAN TRAN-DESCRIPTION SG NO TRAN-EFFECTIVE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION 12-06-11 00-00 631 PROPERTY PRESERVATION 20.00 0.00 0.00 0.00 20.00 MTGR REC CORP ADV BA 11-17-11 00-00 633 MISC FORECLOSURE AND BANKRUPTCY EXPENSES 25.00 0.00 0.00 0.00 25.00 3RD REC CORP ADV I1-08-11 00-00 631 PROPERTY PRESERVATION 20.00 0.00 0.00 0.00 20.00 MTGR REC CORP ADV BA 10-05-11 00-00 631 PROPERTY PRESERVATION 20.00 0.00 0.00 0.00 20.00 MTGR REC CORP ADV BA 09-09-11 00-00 631 PROPERTY PRESERVATION 20.00 0.00 0.00 0.00 20.00 MTGR REC CORP ADV BA 09-01-11 05-10 161 ESCROW ADVANCE 2,763.00 0.00 0.00 2,763.00 ---* PF2 FOR ADDL MESSAGES *--------------------------------------------------- PRESS PF14 FOR MEMOS LIFE-OF-LOAN: WRTN AUTH RCVD TO RLSE INFORMATION TO ADELIA GATES ACTIVE FORECLOSURE PENDING TAX DISBURSEMENT - SEE TAX9 EN104@fferrare Apr 3, 2012 4:02:37 PM SER1 CUSTOMER SERVICE INV 779/001 04/02/12 16:02:23 JEANNE SHEARER 0 TYPE CONV. RES. MAN F 000-00-0000 IR 7.00000 BR PR am 416 N FRONT ST WORMLEYSBURG PA 17043-1114 0 _ < CHECK REQUESTED BY JOSEPH HEMANN >: 11/17/11 ----WHIST----------------------* LOAN HISTORY *--------------------------(MORE) PROC-DT DUE-DT TRAN TRAN-DESCRIPTION SG NO TRAN-EFFECTIVE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION 08-31-11 08-11 314 SCHOOL TAX DISBURSEMENT 2,763.00- 0.00 0.00 2,763.00- PAYEE = 370416026 7,304.47- 08-15-11 05-10 161 ESCROW ADVANCE 1,225.00 0.00 0.00 1,225.00 08-12-11 10-11 351 HAZ INS 1,225.00- 0.00 0.00 1,225.00- PAYEE 70800 4,541.47- 08-08-11 00-00 633 MISC FORECLOSURE AND BANKRUPTCY EXPENSES 5.00 0.00 0.00 0.00 5.00 3RD REC CORP ADV 08-05-11 00-00 631 PROPERTY PRESERVATION 20.00 0.00 0.00 0.00 20.00 MTGR REC CORP ADV BA ---* PF2 FOR ADDL MESSAGES *--------------------------------------------------- PRESS PF14 FOR MEMOS LIFE-OF-LOAN: WRTN AUTH RCVD TO RLSE INFORMATION TO ADELIA GATES ACTIVE FORECLOSURE PENDING TAX DISBURSEMENT - SEE TAX9 EN104@fferrare Apr 3, 2012 4:02:38 PM SER1 CUSTOMER SERVICE INV 7791001 04/02112 16:02:23 JEANNE SHEARER -? 0 TYPE CONY. RES. MAN F 000-00-0000 IR 7.00000 HR PR 416 N FRONT ST WORMLEYSBURG PA 17043-1114 0 < CHECK REQUESTED BY JOSEPH HEMANN >: 11/17/11 _--WHIST ----------------------* LOAN HISTORY *--------------------------(MORE) PROC-DT DUE-DT TRAN TRAN-DESCRIPTION SG NO TRAM-EFFECTIVE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION 07-05-11 00-00 631 PROPERTY PRESERVATION 20.00 0.00 0.00 0.00 20.00 MTGR REC CORP ADV BA 06-16-11 00-00 632 STATUTORY EXPENSES 325.00 0.00 0.00 0.00 325.00 MTGR REC CORP ADV BA 06-16-11 00-00 632 STATUTORY EXPENSES 35.00 0.00 0.00 0.00 35.00 3RD REC CORP ADV 06-16-11 00-00 632 STATUTORY EXPENSES 5.00 0.00 0.00 0.00 5.00 MTGR REC CORP ADV BA 06-16-11 00-00 630 ATTORNEY ADVANCES 397.50 0.00 0.00 0.00 397.50 MTGR REC CORP ADV BA 06-07-11 00-00 631 PROPERTY PRESERVATION 20.00 0.00 0.00 0.00 20.00 MTGR REC CORP ADV BA ---* PF2 FOR ADDL MESSAGES *--------------------------------------------------- PRESS PF14 FOR MEMOS LIFE-OF-LOAN: WRTN AUTH RCVD TO RLSE INFORMATION TO ADELIA GATES ACTIVE FORECLOSURE PENDING TAX DISBURSEMENT - SEE TAX9 EN104@fferrare Apr 3, 2012 4:02:40 PM SER1 CUSTOMER SERVICE INV 779/001 04/02/12 16:02:23 JEANNE SHEARER ?- TYPE CONV. RES. MAN F 0-00-0000 IR 7.00000 BR PR 416 N FRONT ST WORMLEYSBURG PA 17043-1114 0 _ < CHECK REQUESTED BY JOSEPH HEMANN >: 11/17/11 ----NHIST---------------------- * LOAN HISTORY *--------------------------(MORE) PROC-DT DUE-DT TRAN TRAN-DESCRIPTION SG NO TRAN-EFFECTIVE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION 05-13-11 00-00 601 MISCELLANEOUS CORPORATE DISBURSEMENT 50.50 0.00 0.00 0.00 50.50 NON REC CORP ADV 04-27-11 00-00 631 PROPERTY PRESERVATION 20.00 0.00 0.00 0.00 20.00 MTGR REC CORP ADV BA 04-14-11 05-10 161 ESCROW ADVANCE 1,537.39 0.00 0.00 1,537.39 04-13-11 04-11 313 CITY TAX DISBURSEMENT 1,537.39- 0.00 0.00 1,537.39- PAYEE 370410026 3,316.47- 08-09-10 05-10 161 ESCROW ADVANCE 1,207.00 0.00 0.00 1,207.00 ---* PF2 FOR ADDL MESSAGES *--------------------------------------------------- PRESS PF14 FOR MEMOS LIFE-OF-LOAN: WRTN AUTH RCVD TO RLSE INFORMATION TO ADELIA GATES ACTIVE FORECLOSURE PENDING TAX DISBURSEMENT - SEE TAX9 EN104@fferrare Apr 3, 201.2 4:02:41 PM SER1 CUSTOMER SERVICE INV 779/001 04/02/12 16:02:23 JEANNE SHEARER 0 TYPE CONV. RES. MAN F- 000-00-0000 IR 7.00000 BR PR 416 N FRONT ST WORMLEYSBURG PA 17043-1114 0 < CHECK REQUESTED BY JOSEPH HF14ANN >: 11/17/11 -----* LOAN HISTORY *--------------------------(MORE) ----WHIST-------------- PROC-DT DUE-DT TRAN TRAN-DESCRIPTION SG NO TRAM-EFFECTIVE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION 08-06-10 10-10 351 HAZ INS 1,207.00- 0.00 0.00 1,207.00- PAYEE = 70800 1,779.08- 07-12-10 05-10 161 ESCROW ADVANCE 572.08 0.00 0.00 572.08 07-09-10 08-10 314 SCHOOL TAX DISBURSEMENT 1,895.83- 0.00 0.00 1,895.83- PAYEE = 370416026 572.08- -19--10 04-10 172 PAYMENT 1,542.49 18 4.7 9 ---* PF2 FOR ADDL MESSAGES *--------------------------------------------------- PRESS PF14 FOR MEMOS LIFE-OF-LOAN: WRTN RUTH RCVD TO RLSE INFORMATION TO ADELIA GATES ACTIVE FORECLOSURE PENDING TAX DISBURSEMENT - SEE TAX9 EN104@fferrare Apr 3, 2012 4:02:42 PM SER1 CUSTOMER SERVICE INV 779/001 04/02/12 16:02:23 JEANNE SHEARER 0 TYPE CONV. RES. MAN F 000-00-0000 IR 7.00000 BR PR 416 N FRONT ST WORMLEYSBURG PA 17043-1114 0 _ < CHECK REQUESTED BY JOSEPH AEMANN >: 11/17/11 -----HIST---------------------- * LOAN HISTORY *--------------------------(MORE) PROC-DT DUE-DT TRAN TRAN-DESCRIPTION SG NO IRAN-EFFECTIVE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION 94-27-10 03-10 172 PAYMENT 1,502.49 183.72 935.98 382.79 ,,60, 269.47 940.96. A404-20-10 02-10 172 PAYMENT 9,502.49 182.66 937.04 382.79 160,453.19 558.17 04-14-10 04-10 313 CITY TAX DISBURSEMENT 1,118.02- 0.00 0.00 1,118.02- PAYEE = 370410026 175.38 01-100 173 PAYMENT4 4 181.60 938:10 160,635.85 ---* PF2 FOR ADDL MESSAGES *------ PRESS PF14 FOR MEMOS LIFE-OF-LOAN: WRTN AUTH RCVD TO RLSE ACTIVE FORECLOSURE UL-L4-1V 382.79 1,502.49- 1,293.40 ------------------------------------------ INFORMATION TO ADELIA GATES PENDING TAX DISBURSEMENT - SEE TAX9 EN104@fferrare Apr 3, 2012 4:02:45 PM SERI CUSTOMER SERVICE INV 779/001 04/02/12 16:02:23 JEANNE SHEARER TYPE CONV. RES. MAN F 000-00-0000 IR 7.00000 BR PR ?- 416 N FRONT ST WORMLEYSBURG PA 17043-1114 0 < CHECK REQUESTED BY JOSEPH HEMANN >: 11/17/11 -* END OF LOAN HISTORY *----------------------(MORE) ----WHIST----------------- PROC-DT DUE-DT TRAN TRAN-DESCRIPTION SG NO IRAN-EFFECTIVE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION 02-24-10 01-10 172 PAYMENT 1,502.49 0.00 0.00 0.00 1,502.49 655. 1 12`0`9 172 PAYKZNT . , l x:;937.49 180.55 939.15 317.79 160,817.45 910.62 ---* PF2 FOR ADDL MESSAGES *--------------------------------------------------- PRESS PF14 FOR MEMOS LIFE-OF-LOAN: WRTN AUTH RCVD TO RLSE INFORMATION TO ADELIA GATES ACTIVE FORECLOSURE PENDING TAX DISBURSEMENT - SEE TAX9 EN104@fferrare Apr 3, 2012 4:02:47 PM EXHIBIT G 05-07-11 MSP LETTERWRITER ACTIVITY FOR MONTH OF 04-11 PAGE852,051 LOAN= DATE=04-07 USER=PGF KEY=LC279 VERS=010 TITLE=Denial Ltr 2 lc FORM=VIEW PRINTER=NOAZ SECURITY=1 LINES-PER-PAGE=NO CONDITIONS=5 Fax: (866) 278-1179 Telephone: (800) 416-1472 Correspondence: PO Box 10335 Des Moines, IA 50306 Hours of Operation: Mon-Fri, 6 AM - 10 PM - 2 PM CT April 07, 2011 Loan Number: Property Address: 416 N Front St Wormleysburg PA 17043 Jeanne Shearer 416 N Front St Wormleysburg PA 17043 Subject: Home Affordable Modification Program Dear Jeanne Shearer : We're writing to provide you with the results of our efforts to find a solution that might help with the mortgage payment challenges you're facing. Decision on the Federal Government's Home Affordable Modification Program Unfortunately, after carefully reviewing the information you've provided, we are unable to adjust the terms of your mortgage. You did not provide us with all of the information needed within the required time frame. For that reason, we are not able to proceed with payment assistance at this time. 05-07-11 PAGE852,052 MSP LETTERWRITER ACTIVITY FOR MONTH OF 04-11 LOAN=§ DATE=04-07 USER=PGF KEY=LC279 VERS=010 TITLE=Denial Ltr 2 lc FORM=VIEW PRINTER=NOAZ SECURITY=1 LINES-PER-PAGE=NO CONDITIONS=5 If you'd like to discuss why your loan was not approved under the Home Affordable Modification Program, or find out about other options that may be available to you, it's critical that you contact us within 30 days of this letter. During this 30 day period a foreclosure sale on your home will not be scheduled if permitted by state law. Please understand that you may continue to receive letters and phone calls related to foreclosure during this time. Additional assistance is available If monthly expenses other than your mortgage payment are creating part of your financial strain, we encourage you to contact a HUD-approved, non-profit, community based Credit Counseling agency who can work with you, at no charge, to lower your other monthly payments. You can find a local agency by calling (800) 569-4287 or call the HOPE Hotline Number at (888) 995-HOPE. A counselor will work closely with you, take your financial circumstances into consideration, create a budget plan that may work for you and provide assistance in understanding the Borrower Notice by asking for Making Home Affordable HELP. Be sure to avoid anyone who asks for a fee for counseling or a loan modification, or asks you to sign over the deed to your home, or to make your mortgage payments to anyone other than Wells Fargo Home Mortgage. If you have any questions about the decision we've made on your mortgage request, please call a Wells Fargo Home Mortgage representative at the number listed in the account information section. We'd also like to hear from you if any of your circumstances have changed, or if you can provide us with additional information for consideration. Sincerely, Ben Windust Senior Vice President Wells Fargo Home Mortgage This communication is an attempt to collect a debt and any information obtained will be used for that purpose. However, If you have received discharge of this debt in bankruptcy or are currently in a bankruptcy case, this notice is not intended as an attempt to collect a debt and, this company has a security interest in the property and will only exercise its rights as against the property. With respect to those loans in the state of California, the state Rosenthal Fair Debt Collection Practices Act and the Federal Fair Debt Collection Practices Act require that, except under unusual circumstances collectors may not contact you before 8 a.m. or after 9 p.m. They may not harass you by using threats of violence or arrest or by using obscene language. Collectors may not use false or misleading statements or call you at work if they know or have reason to know that you may not receive personal calls at work. For the most part, collectors may not tell another person, other than your attorney or spouse, about your debt. Collectors may contact another person to confirm your location or enforce a judgment. For more information about debt collection activities, you may contact the Federal Trade Commission at 1-877-FTC-HELP or www.ftc.gov. Equal Credit Opportunity Act NY Verbiage PHELAN HALLINAN & SCHMIEG, LLP BY: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 Wells Fargo Bank, N.A. 3476 Stateview Boulevard Fort Mill, SC 29715 Plaintiff VS. Jeanne A. Shearer 416 North Front Street Wormleysburg, PA 17043 Defendant Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 11-9348-Civil CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion for Summary Judgment, attached Exhibits, and Praecipe for Argument were sent via first class mail to the person on the date listed below: Jeanne A. Shearer, Pro Se 416 North Front Street Wormleysburg, PA 17043 Date: 61 1 By DIP PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. -------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) Wells Fargo Bank, N.A. vs. Jeanne A. Shearer (Plaintiff) (Defendant) No. 11-9348-Civil ?I" NOIA' MAY 16 AH 11: 4 PENNSYLVANIA 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plainitff s Motion for Summary Judgment 2. Identify counsel who will argue case: (a) for plaintiff: Joseph P. Schalk, Esquire Address: 126 Locust Street Harrisburg, PA 17101 (b) for defendant: Jeanne A. Shearer, pro se Address: 416 North Front Street Wormleysburg, PA 17043 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: July 13, 2012 Date: May 14, 2012 At or 19.7 5 ?? 11 ss??ti {2 yo?7SPY8" i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA III Wells Fargo Bank, N.A. Court of Connuon Pleas 3476 Stateview Boulevard Fort Mill, SC 29715 Civil Division ? Plaintiff vs. Cumberland County Jeanne A. Shearer No. 11-9348-Civil 416 North Front Street Wormlevsburg, PA 17043 Defendant ORDER AND NOW, this 3?L day of 2012 upon consideration Plaintifi's motion for Summary .Judgment and Brief in Support thereof, and upon consideration the Response, if any, filed by Defendant, the Court determines that Plaintiff is entitled to Sum Judgment as a matter of law, and it is hereby: ORDERED and DECREED that an in rem judgment is entered in favor of Plaintiff against Defendant, Jeanne A. Shearer, for $184,834.40 plus interest from October 10. 2011 and other costs and charges collectible under the mortgage, for foreclosure and sale of the mortgaged property. I3Y TH COURT: ? r- 2> rte- ?= C - ? N to CD f Joseph P. Schalk, Esq. 126 Locust Street Harrisburg, PA 17101 Attorney for Plaintiff Jeanne A. Shearer 416 North Front Street Wormleysburg, PA 17043 CC P, ; 6-7 S rte, led 7// :3/j? Ake PHELAN HALLINAN & SCHMIEG, Ill-P Attorney for Plaintiff Melissa J. Cantwell, Esq., Id. No.30891212? _ ?, 10 48 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza 1-U MBERLANO COUNTY Philadelphia, PA 19103 PENNSYLVANIA 215-563-7000 WELLS FARGO BANK, N.A. VS. JEANNE A. SHEARER A/K/A JEANNE SHEARER CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 11-9348-CIVIL PRAECIPE TO ASSESS DAMAGES PURSUANT TO COURT ORDER TO THE PROTHONOTARY: Kindly assess damages in favor of the Plaintiff and against Defendant, JEANNE A. S A/K/A JEANNE SHEARER in accordance with the Court's Order dated 07/13/2012 As set forth in the Order of the Court TOTAL $184,834.40 $184,834.40 Melissa J. Cantwell, Esquire Attorney for Plaintiff cc: JEANNE A. SHEARER A/K/A JEANNE SHEARER 416 NORTH FRONT STREET WORMLEYSBURG, PA 17043 DAMAGES ARE HEREBY ASSESSED AS INDIC ED. ,.,.., DATE: 0 S J a PROTHONOTARY (L".+. CK- I 1e.Sa P 194 t,09cry ?79030 ed j , i MA269730 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. Court of Common Pleas 3476 Stateview Boulevard Fort Mill, SC 29715 Civil Division Plaintiff VS. Cumberland County Jeanne A. Shearer No. 11-9348-Civil 416 North Front Street Worm leys burg, PA 17043 Defendant ORDER AND NOW, this day of 17- 2012 upon consideration of Plaintiff's Motion for SumMary .Judgment and 136ef in Support thereof, and upon consideration of the Response, if any, filed by Defendant, the Court determines that Plaintiff is entitled to Summary lodgment as a matter of law, and it is herebv: ORDERED and DECREED that an in rem judgment is entered in favor of Plaintiff and against Defendant, Jeanne A. Shearer, for $184,834.40 plus interest from October 10; 2011 and other costs and charges collectible under the mortgage, for foreclosure and sale of the mortgaged property. c rn ? r- BY TI-1I" COURT: ? - r- ? ?d 6v/ t .r, .a Q s WELLS FARGO BANK, N.A. VS. JEANNE A. SHEARER AIK/A JEANNE SHEARER CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 11-9348-CIVIL Notice is given that an assessment of damages in the above captioned matter been entered against you on Aa - 1 ..:. dMINkI. By: If you have any questions concerning this matter please contact: Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSL Y RECEIVED A DISCHARGE IN BANKR UPTCY, THIS IS NOT A SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONL Y ENFORCEMENT OFA LIEN AGAINST PROPERTY. * * 2697130 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 11-9348 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FAR60 BANK, N.A., Plaintiff (s) From JEANNE A. SHEARER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to (notify the garnishee(s) ghat: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying; any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $184,834.40 L.L.: $.50 Interest from 8/9/12 To Date of Sale ($30.38 per diem) -- $3,615.22 Atty's;Comm: % Due Prothy: $2.25 Atty Paid: $203.25 Other Costs: Plaintiff Paid: Date: 8/31/12 David D. Buell, Prothonot (Seal) Deputy REQUESTING PARTY: Name;: MELISSA J. CANTWELL, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308912 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WELLS FARGO BANK, N.A. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION JEANNE A. SHEARER Defendant(s) NO.: 11-9348-CIVIL CUMBERLAND COUNTY To the Prothonotary,: Issue writ of execution in the above matter: Amount Due Interest from 08/09/2012 to Date of Sale ($30.38 per diem) TOTAL Note: Plegise attach description of property. PHS # 269;73 0 G a8.5 PQ ATN 00 0%F' ?a. 0 Q r4. ?? N ?ao3.a.?- PD ArN -$a-a5 ?Stw(20 - 5b LL 60 IaaQa55 e a8bo93 Phelan Hallinan P Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff c? $184,834.40 $3,615.22 cnT" r- ?m $188,449.62 N qW Z ?o. cc-y w a?• 3 CA) cn r c? -r5 t.?t. -P,E Lorii %4uac/ Y (? ?? W r/`3 w O d W `r 3 O? ?a U ? O A U W a? 4 U O N v w? N It o r ;7? Ksi ? O an (-A 0 00 M O d ? ;? r"n W w c 3 '? R U o r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. Court of Common Pleas 3476 Stateview Boulevard Fort Mill, SC 2971,5 Civil Division plaintiff vs, Cumberland Count), Joinne A. Shearer No. 11-9348-Civil 4116 North Front Street lrlr+orinleysburg, PA 17443 Defendant ORDEI2 AND NOW, this / 3'?t'6 day of J ` ? , 2012 upon consideration of Plaintiff's motion for Summary ,ludgrnent and Brief in Support thereof, and upon consideration o1' the Response, if any, filed by Defendant, the Court. determines that Plaintiff is entitled to Summary ,tudgment as a matter of law, and it is hereby: ORDERED and DECREED that an in rem judgment is entered in favor of Plaintiff and against Dciendant, Jeanne A. Shearer, for $184,834.40 plus interest from October 10, 2011 and other costs and charges collectible Linder the mortgaee, l-ar foreclosure and sale of the mortgaged properly. ?-? ao =m ? z BY TI-II= COURT: ?3 w r ? C7; r ?` C r A a taa Joseph P. Schalk, Esq. 126 Locust Street Harrisburg, PA 17101 Attoripey for Plaintiff Jeanne A. Shearer 416 North Front Street Worr?leysburg, PA 17043 PHELAN HALLMAN & SCHMIEG, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 Attorneys for Plaintiff One Penn Center Plaza Philadelphia, PA, 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION V. JEANNE A. SOEARER Defendant(s) : NO.: 11-9348-CIVIL : CUMBERLAND COUNTY CERTIFICATION CD , Ti The undersigned attorney hereby states that he/she is the attorney for the Plaintif ` e Zovtioned - are not subject to the provisions of Act 91 because: matter and that the premises c ) firn Go -? --rca ( ) the mortgage is an FHA Mortgage imp the premises is non-owner occupied Z - 4 ( ) the premises is vacant (X) Act 91 procedures have been fulfilled -? ? ^"' Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11 -1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff WELLS FARGO BANK, N.A. Plaintiff V. JEANNE A. SHEARER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-9348-CIVIL CUMBERLAND COUNTY PHS # 269730 AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, N.A., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 416 NORTH FRONT STREET, WORMLEYSBURG, PA 17043-1114. 1. Name and address of Owner(s) or reputed Owner(s): r':=1 Name Address (if address cannot be reasonably G z ascertained, please so indicate) -v C JEANNE A. SHEARER 416 NORTH FRONT STREET ;0 WORMLEYSBURG, PA 17043-1114 C4 1= A 2. Name and address of Defendant(s) in the judgment: 2p Name Address (if address cannot be reasonably ]C> .. 3'' ascertained, please so indicate) -i W - SAME AS ABOVE I c7 3. Name and last known address of every judgment cred itor whose judgment is a record lien on the real property to be so ld: Name Address (if address cannot be reasonably ascertained, please indicate) CitiBank South Dakota, N.A. 701 East 60th Street North Sioux Falls, SD 57117 CITIBAN SOUTH DAKOTA, N.A. C/O YALE 1060 ANDREW DR D. WEINSTEIN, ESQ. STE 170 WEST CHESTER, PA 19380 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Commerce Bank/Harrisburg, National Association 100 Senate Avenue Camp Hill, PA 17011 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) 10 Xgne. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TEN ANTAOCCU PANT COMMONWEALTH OF PENNSYLVANIA, BUREAU OF INDIVIDUAL TAX, INHERITANCE TAX DIVISION 416 NORTH FRONT STREET WORMLEYSBURG, PA 17043-1114 6TH FLOOR, STRAWBERRY SQ., DEPT 280601 HARRISBURG, PA 17128 DEPARTMENT OF PUBLIC WELFARE, TPL P.O. BOX 8486 CASUALTY UNIT, ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG, PA 17105 Domestic elations of Cumberland County CommonvHealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Depaotment of Justice U.S. Atty for the Middle District of PA Federalor e B?ilding JEANNE Al. SHEARER, PRO SE 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 416 NORTH FRONT STREET WORMLEYSBURG, PA 17043-1114 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to onsworn falsification to authorities, Date: zX- By: Phi n Hallinan ieg,'L Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff WELLS FARGO BANK, N.A. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. NO.: 11-9348-CIVIL JEANNE A. SHEARER Defendant(s) CUMBERLAND COUTgY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY c= r U mo W TO: JEANNE A. SHEARER 416 NORTH FRONT STREET 3 WORMLEYSBURG, PA 17043-1114 -? W A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORf4A1qbN "THIS FIRM I$ TAINED , FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, WILL BE USE D THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 416 NORTH FRONT STREET, WORMLEYSBURG, PA 17043-1114 is scheduled to be sold at the Sheriff's Sale on 12/05/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $184,834.40 obtained by WELLS FARGO BAND, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sate in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this'Sheriff's Sale, you must take immediate action: 1. The $ale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorrney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. Youmay be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgmentwas improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) "ILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE SALE DOES T 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by cating 215-563-7000. 2. You may be; able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the, right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schjedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR;CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUt WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the Borough of Wormleysburg, formerly the township of East Pennsboro, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on Front Street, which point is 150 feet North of the northern line of Elm Street, a marked on Plan of Lots hereinafter mentioned, and at the northern line of Lot No. 31 on said pl ; thence westwardly along the said northern line of said lot 154.80 feet to the eastern line of River Alley; thence northwardly along the eastern line of River Alley 62-1/2 feet, more or less, to a point; thence eastwardly along a line parallel with the said northern line of Lot No. 31 on said plan 154 feet 'Imore or less, to Front Street; thence southwardly along Front Street 62 1/2 feet to a point, the place of BEGINNING. TITLE 10 SAID PREMISES IS VESTED IN Jeanne A. Shearer, single person, by Deed from Robert P. Stokes and Edwin B. Stokes, Co-Executor of the Estate of Helen Lighiner Stokes, dated 410/1994, recorded 08/12/1994 in Book 110, Page 126. PREMISES BEING: 416 NORTH FRONT STREET, WORMLEYSBURG, PA 17043-1114 PARCEL. NO. 47-19-1588-106 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-9348-CIVIL WELLS FARGO BANK, N.A. vs. JEANNIE A. SHEARER owner(s) of property situate in the BOROUGH OF WORMLEYSBURG, Cumberland County,',Pennsylvania, being (Municipality) 1 FRONT STR Parcel No. 47- (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $184,834.40 Phelan Hollinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 PA L , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK. N.A. Plaintiff Court of Common Pleas Civil Division v. JEANNE A. SHEARER A/K/A JEANNE SHEARER Defendant CUMBERLAND County No.: 1 I-9348-CIVIL RULE AND NOW. this ~ `~ F~ ~~. day of ,i ~ C~: %-x.2012, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant 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 and no hearing will be scheduled on this matter. /~~ n n ~ ~ . ~~ecc~ ~i ~~K~~4 ~t!~ n h t .S~i>oR ~G/ P~II~,n l`~k ~~~` v~ aH y" S~ rve' ~P %c~ ~~ ~er,~ ~p~, ~~~ a BY THE COURT -` J. 269730 Allison F. Wells, Esq., Id. No.309519 Phetan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA ]9103 TEL: (2 ] 5) 563-7000 FAX: (215) 563-359 JEANNE A. SHEARER A/K/A JEANNE SHEARF,R 416 NORTH FRONT STREET WORMLEYSBURG. PA ] 7043-11 ] 4 269730 269730 ;.. _L r ~ `i;tdJ G.,i~i~t, PHELAN HALLINAN & SCHMIEG, LLP by: Allison F. Wells, Esquire, Atty. LD. No. 309519 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia. PA 19103-1814 (21.5, X63-7000 WELLS FARGO BANK, N.A. Plaintiff v. JEAN NE A. SHEARER A/ K; A JEANNE SHEARER Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No.: 11-9348-CIVIL PRAECIPE TO SUBSTITUTE EXHIBIT To the Prothonotary: Please attach the following Concurrence letter and Certificate of Mailing as F,xhibit "B" to Plaintiff's Motion to Reassess Damages which was filed with the court on or about October 12, 2012. DATE Phelan Hallinan &-~ LLP --~'` ":=.. Allison F. Wells, Esquire Attorney for Plaintiff PHEL~AN HALLINAN & yCH ivIIEG, LLP 1617 lohn F. Kennedy Boulevard Suite 1400 Philadelphia, PA 10103 (21 ~) 563-7000 FAXf#: (215j 563-_5459 Phelan Nallinan & Schmieg, LLP Representing Lenders irr Pennsylvania and I~~ew lerscy October 3.2012 JE.1NN1 ~ A. SHIARF,R AiKi"".<~ J1?AVN1 SI IFARLR 41ti NORTH FROI~fT STREET W~)RI~~iLL;YSBURG; PA 17043-1114 1:~ VdELLS 1~ARGO BANK, I.A. v, Jb:ANNE A. SHEARER, A/KlA JEANNE SHEARER Premises Address: 416 NORTH FRONT STIZEL;"1~ WORMLEYSBURG, PA 17043 ~~iJMBL;RLAND County CCP, No. 1 1-9348-CN~fL Dear- Defendant. }~;nclased please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 2083(9), 1 am seeking your concurrr::nce, with the requested relief that is, increasing they aruou~li of the judgment. Ple<:rse resp~rnd t<~ me within 5 days, by 10109/2012. Should you have further questions or concerns, pleaase do not hcsrtate to contact rne. Otherwise, please be guided accordingly. ,_-~-- .~- ~'~'" Vcrti' truly yours, _ -~~',.~-~-~ ~.._ :- 111is„a~~`,-~` ~ .#-i~l`~I~'o.309519 Attorney for T'{~iintif _~ Enclosurr:~ :69730 "' £Q t&1 ~- ~t70~'~2 rvaa ' ~ c~~ tre~ VIOL £Q1~ 9SZ1lLbt}00 ~~~~ ~ YV4 Zp s+~ . * _.. ~~.%r ~ '~ ~~ fi~ A~ , ; ~ { ~ ~ ~ ~~ ~ R L ~ ~ LLt `' ~ ~~~1Jjf ,t / ` _ ~ ~ ~. < ~ ~~ ~. i G a~.+ '7 '~!' ~.Q ~ ~ ~~ ~ . / ~ `\,~ 1 ~.. !\ O p p E ~~,e w ~ $ o_ a q =~. i c~'~.~ i ~ ~'n ,~ Q +$ .~ ~ ~~~- j 1 a `~ u~ v u ~ u eo f 4 ~~~a M 44 ~ ~ ~ ~~ c `~' ~~~~5 3k ~ u rv ~.. V1 /~ C p' ~ a i ~ F ~ ~ V ,~ w U p A ~ ~g,,;~ G ~ea=•4~ ~~ ~ °~E~- d o~~~~ o ~ ro d~&~~ m ~'LKs. ~ ~f i V Fw ~~~ r W ~~ d Y ,a ~ 4 w v L ~ ~ ~ ~~ ~ ~ ?o b: `' ~ «~ Q °' a° '~ ~ ~ ~ .~ .°..~° 9 Fv~,Q ~ J~° a~a W o AG ~ ~ ~+' W '~'~ iarG~. d C/.I c~ d w W F ".fi ~ ~ +jt~y~C~~ ~'~~~i Vl W Q °~,a `v4 ~'~~~4 ~ a ~a.,~~tr.v~w ~ .ar~oV~44H~2 0~ x ~ ~ „_, r.. W OL ~ Q .cm ~s ~ ~~~iz3 z23 0.~-00.Z~ ~C ~a v` a~ ;Z x ~ v ~ rv: ~ -p ~, L c s H ~ ~ ~~ E ._ ~ ~ w za ~QO :3 0 r+ti rv By: Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard. Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff v. JEANNE A. SHEARER A/ K i A JEANNE SHEARER Defendant ATTORNEY FOR PLAIN"hIFF Court of Common Pleas Civilllivision Cumberland County No.: 11-9348-CNII`_ CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Praecipe to Substit«te Exhibit was sent to the following individuals on the date indicated below. JEANNE A. SHEARER AiK/A JEANNE SHEARER 416 NORTH FRONT STREET WORMLEYSBURG, PA 17043-1114 DATE : ~_~~~`~,"~ Phelan Hallinan & ~-- _~-~ .,--- _. ;, Alliso`n'F'. wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF Phelan Hallman & Schmieg, LLP Allison F. Wells, Esq., Id. No.30951'~ 1617 JFK Boulevard. Suite 1400 One Penn. Center Plaza Philadelphia, PA 19103 2l ~-~63-'7000 WELLS PARGO BANK, N.A. Plaintiff ATTORNEY FOR PLAINTIFF Court. of Common Pleas Civil Division vs. CUMBERLAND County JEANNE ~1. SHEARER A/K/;~ JEANNE SHEARER No.: 1 I -9348-CI~II L Defendant CERTIFICATION OF SERVICE I .hereby certify that a true and correct copy of the Court's October l 7. 20l ? Kule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not he granted was served upon the following individual on the date Indicated belo~n~. JEANNE; A. SHEARER A/K, A JEANNE SHEARER ,; 416 NORTH FRONT STREET _ WORMI:EYSBURG, PA ].7043-111.4 _ -. i-,~°'--°' ~ a - Phelan Hallin chmieg, LLP ~ -s `~ ~ ~~~_ -' _ . ..~ _ ~ , DATE: _ 1 i B Allison F. Wells ?sq., Id. No.30941'~ Attorney for Plaintiff 269730 PHELAN HALLINAN & SCHMIEG, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 --:~--: ~. . tr. ~,i~i`J Ir1i`t', -;~ ,~~ q ray ~;~`3 ~~ ~E ~ " `, ~ r . . Attorney for Plainttff ..~ r~E '."i~ CQi.1~iT`~' ~.t ~. ~. ~ -, s ,_..C~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION JEANNE A. SHEARER A/K/A JEANNE SHEARER Defendant(s) No.:ll-9348-CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(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 Certifi Mail Return Receipt stamped by the U.S. Postal Service is at ed her o Exhibit " ' PlOV 15 2012 a tssa J. Cant squire Attorney for Plaintiff Date: 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 # 269730 r ¢U~~t~ Ztttx ~ r "'~z a ,~ ~ ¢a~ ~~~ a ~. w «* «: ~~ a~~~~Q~~ ~ ~b~~' ~~"~~~ ~o ~ b~ ~~~ Y ~~ ~ ~~. y ~~ ~~ b .a. ~ '~ a `f'ro *" '~- ro oe 3 a cn s• w N .-. ~' n . ~. ,~ ~ ~ ,~ w w i ~ ». w ~ ~ ~ z ~ z ~~"c~ ~~ ~~' '-"~' ~~'~ ~"n o o~~ r ~~ ~a ~ ~ ~ ''°~ S~~ ~ M ".~ ~ $ ~" ~r: n- ~'~- ~ Q~~ x A, VI .ice ~ N ~' ~ ~ ^, ^~1 l.~ "1 D ~ ~Lt ~ Q b ~} p K ~ .~ ~ .~ y ~ 0 "1y ~ ~'~ '" ~~. ~ ~ ~ ~ ~' i~ ^~ 1rC~ > 0 ~~6' x "d C7 C .. p x ... C .. _ b a ~ "* V ~ ~ ~ ~ y O y ~ Mr YF ~ ~ . w a. ~ JDG ~ } » ~` ~ ~ ~ . ~ ~ 1 ' ~ «. 0 N O ~ ~ ~. . ~~ ~ y g} +1 ~.~ ~ . .. d ~~ ~ . ~ ~rn' ~ ~ . ~.~.:,~' k~ , t%~ y S 1i b i ~ ~~E~~ ~p 4~ a~dZ ~~zkcLVaoo ~ N ~ t'AI1t ~: N. ~~ i • ~o ~~at d~ rat za '> ~ ~~ ~ ~ ~ ~ ~, ~az a~ a~ o" ~o~;~ A ~ ,"` !t7 S ~ s'~~ g ~. ~~~~ o ~ ''~c ~' Uo .o, t- gr ~ro +~ A 3 a ~7 r, ` ,... ~.7,V,tf~,`~-r, Phelan Hallinan & Schmie :t Zachary Jones, Esq., Id. No.~~L'1 ~~ ~:a~ 1~~: ~ i 1617 JFK Boulevard, Suit~E1IR'i~~ ~~ ~~1~~~.~ One Penn Center Plaza r ~. ~3~„~; , ? ,i~ ~~1~,~ Philadelphia, PA 19103 215-563-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO BANK, N.A. Plaintiff vs. JEANNE A. SHEARER A/K/A JEANNE SHEARER Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 11-9348-CIVIL MOTION TO MAKE RULE ABSOLUTE WELLS FARGO BANK, N.A., 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 October 12, 2012. 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 Defendant on October 3, 2012 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. 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". 3. A Rule was issued by the Honorable Christylee L. Peck on or about October 17, 2012 directing the Defendant to show cause by November 6, 2012 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 October 31, 2012 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". 269730 Defendant failed to respond or otherwise plead by the Rule Returnable date of November 6, 2012. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: ' Z~ ~ Z By: eg, LLP Id. No.310721 269730 Exhibit "A" 269730 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 1.9103 (215)563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey October 3, 2012 JF,ANNE A. SHEARER A/K/A JEANNE SHEARER 416 NORTH FRONT STREET WORMLEYSBURG, PA 17043-1114 RE; WELLS FARGO BANK, N.A. v. JEANNE A. SHEARER, A/K/A JEANNE SHEARER Premises Address: 416 NORTH FRONT STREET WORMLEYSBURG, PA 17043 CUMBERLAND County CCP, No. 11-9348-CIVIL Dear Defendant, 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), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 10/09/2012. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. _----•- Very truly your~s~~~~ -~...-- ..---' Allison ~. . No.309519 Attorney for Plaintil Enclosure 269730 ~. 6OL82 Z t O(L- £~ap~Z WOE C3~"iI~W 9SZLi pp ~ ~ ~~ ~'" ~7 ~G s~MOM e.~Wi1A ,`~ ~'~_~~ ~ ~.. 11 V ` ~ ~~ ' r fi ' ~ iJ;f ~ L° tC ~` ~ ~ ~( ~ -.J ~ !' ~ ~~ ~ w ~ ~~ ~ ~ 1 ~,~ ~~1~~, 0 0 o E F A ~ °° L' cgs ° ~~ A. m `~~- Fs _ U u ~ E ~~ ~ E A, 9 ~.. q V ~ Fn Q .~ ~.. ~ OQ fit. ~ ` U - A C at ~ ~ ~ ~ ~ ~ .v.- ~w .~' a .1 ~ ~ 4 V Y v, u c ~,~ ~gHa£ a ~o~=~ z ° ~ ~s~~ ..~ a ~~°E~ " w ~ s ~ __ M sK a ~~y ~~ G ~ ~~ ~~ U w ~~ w x q ~ ~ td Q u Z `c u zg ~ ~ 0 p+yI~~. ~ ~ 0..w O ~ ~^ yG ~ _° . ~ a `~ ~' °Q ~ ~ GC .. Q ~ V ~ ~W G . a ~ ae x ~~wo~t~z ~~ 4 p °z0 w ~ W 3~ a" ~ Y ~ ~ ~ ~ Z ~ _ ~ N ... 6l .,,.r s b 4 .O f .~ ; Q> ~ ~ _U •p ~, ~ go ,yam ~ Q k ~.7 ZQO a, ~_~ a M 4 N Exhibit "B" 269730 C.---; ~° IN THE COURT' OF CUMMON PLEAS OF CUMBERLAND CUtiI~'I"Y' PENNSl'I.,VANIA i'v'ELLS FARGO BANK, N.A, Court of Common Fleas Plaintiff . Civil L)ivision v. ~;UMBERLAND C€>uutF~ JEANNE _A. SHEARER d A/K!A JE,~NNE SIJI;'ARER No.: I 1-934-CI~fII. Defendant RULE .-AND NOS', this ~~ ~~__ ___ day of .~c~..2?~? 2; a Rule is entered uooz~ the I)efandant to show cause why an Order should not be entered granting P[aintiff's l~Ic?tiotl to Reassess Damages, Defendant shall ha~-e twenty {2(?} days from the date of this Order to f.tie a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff niay file a Motion to rvlake Rule Absolute and. no hearing will be scheduled an this matter. BY THE COURT ~`, 7 __ __ -__. J. Exhibit "C" 269730 Phelan Hallinan & Schmieg, LLP Allmon F. Wells, Esy., Id. No.309519 1'017 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. CUMBERLAND County JEANNE A. SHEARER A/K/A JEANNE SHEARER No.: 11-9348-C1~'11 Defendant ,~t ,, CERTIFICATION OF SERVICE 1 hereby certify that a true and correct copy of the Court's October 17, 2012 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. JEANNE A. SHEARER A/K/A JEANNE SHEARER 416 NORTH FRONT STREET WORMLEYSBURG, PA 17043-1114 Phelan l l~rilin air ~ :`~chmieg, LLP ~ .- . , DATE: ~,,~~. ~ ~ t~=--_ ixti~: ~.. _ - llli E~~3 t~. W~:[l:_. ] ~scl., Id. No,:x(lE~~ p~~, Attorney for Plaintiff 269730 Phelan Hallinan & Schmieg, LLP Zachary ]ones, Esq., Id. No.310721 1617'J~'K Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. CUMBERLAND County JEANNE A. SHEARER A/K/A JEANNE SHEARER No.: 11-9348-CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. JEANNE A. SHEARER A/K/A JEANNE SHEARER 416 NORTH FRONT STREET WORMLEYSBURG, PA 17043-1114 DATE: ~~~~~1 Z Phelan alli n & Sc eg, LLP By: Za ry es sq. d. No.310721 o for lai ff 269730