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Home My WebLink About12-1421d IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, NA SUCCESSOR BY MERGER TO CIVIL DIVISION WACHOVIA MORTGAGE, FSB, NO.: /a -1801 l.?lVi ?TP,/'YY! Plaintiff, vs. Amber L. Clay; Ryan D. Clay; Defendants. TO: DEPENDANTS YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAYBE ENTERED AGAINST YOU. I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 3476 Stateview Blvd., MAC # X7801-01.3, Ft. Mill, SC 29715 AND THE DEFENDANT: 929 Nixon Drive Mechanicsburg PA 17055 4047 CERTIFICATE OF LOCAFION I HEREBY CERTIFY T HAI THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 929 Nixon )rive, Mechanicsburg PA 17055-4047 Municioalitv: Monroe,,, A ATIY VLE NO.: XFP 163088 TYPE OF PLEADING CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: Wells Fargo Bank, NA successor by merger to Wachovia Mortgage, FSB COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire Pa. I.D. #55650 Kimberly A. Bonner, Esquire Pa. I.D. #89705 Joel A. Ackerman, Esquire Pa I.D. #202729 Ashleigh Levy Marin, Esquire Pa I.D. #306799 Ralph M. Salvia, Esquire Pa I.D. #202946 Jaime R. Ackerman, Esquire Pa I.D. #311032 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500 (908) 233-1390 FAX office@zuckergoldberg.com File No.: XFP- 163088/mrne ?7 ? r.a o - M ss c > CD '_ c:? t ? #/o3.76- Po krtY a"a7rW Zucker, Goldberg & Ackerman, LLC XFP-163088 . IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. Zucker, Goldberg & Ackerman, LLC XFP-163088 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA successor by merger to Wachovia CIVIL DIVISION Mortgage, FSB Plaintiff, NO.: vs. Amber L. Clay; Ryan D. Clay; Defendant(s). NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND LAWYER REFERRAL Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 Zucker, Goldberg & Ackerman, LLC XFP-163088 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA successor by merger to Wachovia CIVIL DIVISION Mortgage, FSB Plaintiff, NO.: vs. Amber L. Clay; Ryan D. Clay; Defendant(s). AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de la demanda establecida en las siguientes paginas, debe tomar accion dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso respondiendo personalmente o por medio de un abogado una comparecencia esc rita y radicando en la Corte por escrito sus defensas y objeciones a las demandas establecidas en su contra. Se le advierte de que si usted falla en tomar accion como se describe anteriormente, el caso puede proceder sin usted sin previo aviso y un fallo por cualquier suma de dinero reclamada en la demanda 0 cua Iquier otra reclamaci6n o remedio solicitado por el demandante, puede ser dictado en contra suva por la Corte. Usted puede perder dinero o propiedades a otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGAR UNO, LLAME 0 VAVA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND LAWYER REFERRAL Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 Zucker, Goldberg & Ackerman, LLC XFP-163088 J . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA successor by merger to Wachovia CIVIL DIVISION Mortgage, FSB Plaintiff, NO.: VS. Amber L. Clay; Ryan D. Clay; Defendant(s). CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Wells Fargo Bank, NA successor by merger to Wachovia Mortgage, FSB, by its attorneys, Zucker, Goldberg & Ackerman, LLC, and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Wells Fargo Bank, NA successor by merger to Wachovia Mortgage, FSB, (hereinafter "plaintiff") having its principal place of business at 3476 Stateview Blvd., MAC # X7801-013, Ft. Mill, SC 29715. 2. Defendant, Amber L. Clay, is an individual whose last known address is 929 Nixon Drive, Mechanicsburg, PA 17055-4047. 3. Defendant, Ryan D. Clay, is an individual whose last known address is 929 Nixon Drive, Mechanicsburg, PA 17055-4047. 4. On or about October 31, 2008, Amber L. Clay and Ryan D. Clay and Evelyn J Grissinger executed a Note in favor of Wachovia Mortgage, FSB in the original principal amount of $251,678.00. 5. On or about October 31, 2008, as security for payment of the aforesaid Note, Amber L. Clay and Ryan D. Clay, wife and husband made, executed and delivered to Wachovia Mortgage, FSB a Mortgage in the original principal amount of $251,678.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on November 12, 2008, Instrument #200836897. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "A", attached hereto and made a part hereof. 6. Defendants are in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest being contractually due for the September 2011 payment, and pursuant to the terms of the aforesaid Mortgage, after written Zucker, Goldberg & Ackerman, LLC XFP-163088 notice of said default to Defendant(s), the entire principal balance and accrued interest due thereunder has been accelerated. 7. Ryan D. Clay and Amber L. Clay, husband and wife are record and real owners of the aforesaid mortgaged premises. 8. Plaintiff was not required to send Defendant(s) written notice of Plaintiff's intention to foreclose said Mortgage pursuant to 41 P.S. §403 (Act 6 of 1974) prior to the commencement of this action for the reason that the original principal balance of the aforesaid Mortgage is more than the original principal balance threshold of the Act, and therefore: (a) said Mortgage is not a "residential mortgage" as defined in 41 P.S. §101; (b) the Defendant(s) is/are not "residential mortgage debtor(s)" as defined in 41 P.S. §101, and; (c) the mortgage premises is not "residential real property" as defined in 41 P.S. §101. 9. The amount due and owing Plaintiff by Defendant(s) is as follows: Principal $243,844.59 Interest through 01/25/2012 $7,940.42 Escrow Advance $1,146.90 Suspense Balance ($771.06) Late Charges $326.50 Inspection Fees $40.00 Total $252,527.35 plus interest on the principal sum ($243,844.59) at the daily per diem amount of $45.09, and all other additional amounts authorized under the Mortgage, actually and reasonably incurred by Plaintiff, including but not limited to, late charges, costs (including escrow advances) and Plaintiff's attorneys' fees and expenses. Plaintiff reserves the right to file a motion in the above-captioned action to add such additional sums to the above amount due and owning when incurred. 10. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability under the aforesaid Note in a bankruptcy proceeding, this action is in no way an attempt to re-establish such liability. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $252,527.35 , with interest thereon at the daily per diem amount of $45.09 plus additional late Zucker, Goldberg & Ackerman, LLC XFP-163088 charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. ZUCKER, GOLDBER ACKERMAN LLC J Dated: ''/? BY: -- Scott A., ietterick, Esquire; PA I.D. #55650 10 Kimberly A. Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh Levy Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #39.1032 Attorneys for Plaintiff X FP-163088/m me 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Zucker, Goldberg & Ackerman, LLC XFP-163088 EXHIBIT A Zucker, Goldberg & Ackerman, LLC XFP-163088 p 1 ooowti t? Prepared By: DIANE STRICKLANh7 WACHOVIA>MORTGAGE, FSB 1100° CORPORATE CENTER DR. / NC4703 RALEIGH, NC 27607-5066 800-326-2127 After Recording Return To: WACHOVIA MORTGAGE, FSB 1100 CORPORATE CENTER DRIVE - NC4767 RALEIGH, NC 27607-5066 877-731-3199 Parcel Number: 4-- 1%I - 0191 - () 30 CLAY [Space Above This Line For Recording Ilataj Mortgage FHA Case No. State of Pennsylvania THIS MORTGAGE (-Security lnstrumcut") is given on October 31 2001 The Mortgagor is AMBER L CLAY RYAN D CLAY WIFE AND HUSBAND whose address is 929 NIXON DRIVE MECHANICSBURG. PA 17055 ("Borrower"). This Security Instrument is given to WACHOVIA MORTGAGE FSB which is organized and existing under the taws of THE UNITED STATES OF AMERICA and whose address is 1 100 CORPORATE CENTER DRIVE _ RALEIGH, NC 27607-5066 ("[.ender" ). Borrower owes Lender the principal sum of Two Hundred Fifty One Thousand Six Hundred Seventy Eight and no/100 Dollars (U.S. $ 251.678.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note'), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on November 1 2038 This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest , and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby 1)s 242706 (rev 06) (12/04) 127061 j Page 1 of 9 FHA Pennsylvania Mortgage-2t9l CLAY mortgage, warrant, grant and convey to the Lender the fo?lowing described property located in CUMBERLAND County, Pennsylvania: ***SEE ATTACHED LEGAL DESCRIPTION*** which has the address of 929 NIXON DRIVIr___ bIE kANQEBVRG _ l8vec, c,tyi Pennsylvania 17055 lzip cfl&l ("Property Address"); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and f Ntures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security InMinent, All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seized 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 Properly 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. Borrower and Lender covenant and agree as follows: UNIFORM COVENANTS: 1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, die debt evidenced by the Note and the late charges due under the Note. 2. Monthly Payment of Taxes, Insurance.. and Other Charges. Borrower shall include in each tnondily payment, together with the principal and interest as set forth in the Note and any late charges, a swu for (a) taxes and special assessments levied or to be levied agai tst the Property, (b) leasehold payments or ground rents on tic Property, and (c) premiums for insurance required under Paragraph 4. In any year in which tltc Lender must pay a mortgage insurance premium to tltc Secretary of Housing and Urban Development ("Secretary"), or in any yea in which such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Leader to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by (ho Ds 242706 (mv 06) (12!04)127U62] Page 2 of 9 FHA Pennsylvania Mortgage-2191 CLAY Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow items" and the sums paid to Lender arc called "Escrow Funds." Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that maybe required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. 3 2601 cl M. and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are axailable in tic account may not be based on amounts due for the mortgage insurance premium If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time arc not sufficient to pay the Escrew Items tvlien due, Lender may notify the Borrower and require Borrower to matte up the shortage as permitted by RESPA. T1ie Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (e) and any mortgage insurance premium installment that Lender has not become obligated to pay to (lie Secretary, and Lerder shall promptly refund arty excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for items (a), (b), and (c). 3. Application of Paymienm All payments under Paragraphs 1 and 2 shall be applied by Lender as follows: First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by die Secretary instead of the monthly mortgage insurance premium; Second. to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; Third, to interest due wider the Note; Fourth, to amortization of the principal of lite Note; and Fifth, to late charges due under the Note. 4. Fire, Flood and Other Hazard Insurance Borrower shall insure all unprovements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in lite amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. 'I7ic insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable, to Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in die order in Paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds 242700 (rcv 06) (12A)4) (270631 Page 3 of 9 FHA Pennsylvania Mortgage-2/91 2/ CLAY to the principal shall not extend or postpone the due date of the monthly payments which are referred to in Paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and Us Security Instrument shall be paid to die entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of tide to the Property that extinguishes die indebtedness, all right, tide and interest of Borrower in and to insurance policies in force shall pass to the purchaser, 5. Occupancy, Preservation, Maintenance, and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security lastument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least one year alter the date of occupancy, unless the Lender determines that requirement will cause whduc hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property i f the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If ibis Security instrument is on a leasehold, Borrower shall comply with die provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condenmation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid raider the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in Paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due dale of (lie monthly payments, which are referred to in Paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under die Note and this Security Instrument shall be paid to the entity legally entitled thereto. 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in Paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. If Borrower fails to make these payments or die payments required by Paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (sudh as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property ns 242706 (rev 06)(19/04) 1270641 Page 4 of 9 FHA Peansylvanin Mortgago-2/99 ,. CLAY and Lender's rights in the Property, including payment of taxes, It,vard insurance and other items mentioned in Paragraph 2. Any amounts disbursed, by Lender under this Paragraph shall become additional debt of Borrower and be secured by this Security Instrument. These ainounts shall bear interest from die date of disbursement at the Note rate, and at the option of Lender shall be immediately due and payable. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to tite payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which nay attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lion. Borrower shall satisfy the lion or take one or more of the actions set forth above within 10 days of the giving of notice. 8. Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (a) DefauliL Lender may, except as limited by regulations issued by the Secretary in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if: (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including section 341(4) of the Gam-St Genuain Depository Institutions Act of 1982, 12 U.S.C. 1701;- 3(d)) and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if: (i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or lite purchaser or granted does so occupy the Property, but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of die Secretary. (e) Mortgage Not llnsu red. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within sixty days from the date hereof, Lender may, at its option require immediate payment in full of all sums scoured by this Security Instrument. A written statement of any authorized agent of the ns 242706 (rev 06) (12104)127065) Page 5 of 9 FHA Pennsylvania Mortgage-2191 r CLAY Secretary dated subsequent to sixty days from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump suer all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorney's fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required hmmediatc payment in full. However, Lender is not required to permit reinstatement if- (i) Lender has accepted reinstatement alter the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commence proceedings against any successor in interest or 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 Borrower's successors in interest. Any fbrbearmice by Lcndcr in exercising any right or remedy shall not be a waiver ofor preclude the exercise of any right or remedy, 12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of Paragraph 9(b). Borrower's covenants and agreements shall be joint and several, Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower'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 may agree to extend, modify, forbear or snake any accommodations with regard to the term of this Security Instrument or the Note without that Borrower's consent. 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Leader designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this'paragrdph. ld. Governing Law; Severability. This Security Iastrumcul shall be governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security D's 242700 (rev 06) (12/03) 1270661 Page 6 of 9 FHA Pennsylvania Mortgago-2191 CLAY Instrument or the Note which can be given effect without the conflicting provision. To Otis end the provisions of this Security Instrument and the Note are declared to be severable. 15, Borrower's Copy. Borrower shall be given one confonned copy of the Note and of this Security instrument, 16. Hazardous Substances. Borrower shrill not cause or permit the presence, use, disposal, storage, or release of any Hamrdous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting die Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on'the Property of small quantities of Hazardous Substances that arc generally recognized to be appropriate to nonnaf residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower ihas actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting tic Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this Paragraph 16, "Hazardous Substances" arc those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or fornmldchyde, and radioactive materials, As used in this Paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or enviromnental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rcnis and revenues of the Property, Borrower authorizes Lender or Lender's agents to oollect the rents and revenues and hereby directs cacti tenant of the Properly to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect an receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this Paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of 1)5 242700 (rev 06)(17/04)127067) Page; 7 of 9 FHA Pennsylvania Mortgage-2191 f CLAY Lender. 'T'his assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. I8. Foreclosure Procedure. If Lender requires immediate payment in full under Paragraph 9, Lender may foreclose this Security Instrument by judicial proceedings. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Paragraph 18, including, but not limited to, reasonable attorney's fees and costs of title evidence. Lender or its designee may purchase the Property at any sale. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 9, the Secretary may invoke the nonjudicial power of sate provided in the Single Ramify Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. 3751 et by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing In the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this Paragraph 18 or applicable law. 19. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shalt terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument i0thout charge to Borrower. Borrower shall pay any recordation costs. 20. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in prooecdings 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 attachn cnt, levy and sale, and homestead exemption. 21. Reinstatement Period. Borrower's lime to reinstate provided in Paragraph 10 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this' Security Instrument. 22. Purchase Money Mortgage. Ifany 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. 23. 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. 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a pan of this Security Instrument. [Check applicable box(es)] Condominium Rider Planned Unit Development Rider Growing Equity Rider Gniduated Payment Rider [-] Other [Specify] DS 242700 (rev 06)(12/04)1270611) Page 8 of 9 FHA Penntylvonis Mortgage-2191 CLAY BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: G? -Horrowor ---(Seal) -13orcawer (Seat) Seat) Certificate of Residence I, t i ?, Al an of the within-named Lender is 1100 CORPORATE CkNTER DRIVE Witness my hand this '131 day of , do hereby certify that the correct address RALEIG NC 27607.5066 Agent of Lender COMMONWEAL ?rjeEdayr NNSVL ANCounty ss: On flux, tltT o,Jbefore me, the undersigned officer, personalty appeared L, 010 /15(Lti7 r /Q known t rrw (or satisfactorily proven) t be the person whose name subscribed to the within instrument and acknowledged that executed the same for die purposes herein contained. IN WITNESS WHEREOF,1 hereunto set my hand fficial My Commission Expires: 7. ?Iy ft. ustic of ,he Pcacc 13S 242706 (rev 06) (12/()4) (27069] Page 9 of 9 FHA Pennsylvania Mortgage-2/91 NOTARIAL SEMI TINA L FULLERTON Notary Pubuc LOWER PAXTON TO M$lllt: DAUPHIN COUNtY IMY C!r MM15310n Expires Jon 19 2011 1 4 , 0 Exhibit A ALL THAT CERTAIN lot or piece of ground situate in the Township of Monroe, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southerly line of Nixon Drive at the northeast corner of Lot No. I of the Richard L. Frost Subdivision, as recorded in Cumberland County Plan Book 22, Page 143; thence along Nixon Drive, North 67 degrees 45 minutes East, a distance of 85 feet to _a point; South 07 degrees 38 minutes East, a distance of 427.8 feet to a point; thence South 73 degrees 30 minutes West, a distance of 85 feet to an iron pin; thence South 75 degrees 39 minutes 40 seconds West, a distance of 85.0 feet to an iron pin; thence North 06 degrees 00 minutes 00 seconds West, a distance of 162.8 feet to an iron pin; thence along the dividing line between Lot No. 1 and Lot No. 2 on the aforementioned Subdivision Plan, North 83 degrees 45 minutes 00 seconds East, a distance of 83.43 feet to an iron pin; thence continuing; along Lot No. 1, North 06 degrees 15 minutes 00 seconds West, a distance of 265.55 feet to the point and place of BEGINNING. BEING improved with a ranch-style dwelling house known as 929 Nixon Drive and containing approximately 1.1 acres, more or less. UNDER AND SUBJECT to all conditions, restrictions and easements of record. ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200836897 Recorded On 11/12/2008 At 11.22:57 AM • Instrument Type - MORTGAGE Invoice Number - 32199 User ID- KW * Mortgagor - CLAY, RYAN D * Mortgagee - WACHOVIA MORTGAGE FSB * Customer - NORTH MOUNTAIN * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $23.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $60.50 *Total Pages - 11 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 DS * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. uimuwiihouoi J I , 0 VERIFICATION Tracy Archuleta, hereby states that ?/she is Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff or mortgage servicing agent for plaintiff in this matter, that h\/she is 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 &/her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: Name:Clay File #:163088 Name: Tracy Arch leta Title: Vice President Loan Documentation 03?-PA-V3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY ? ?n Ronny RAnderson Sheriff Jody S Smith 2112 M R 20 AM 10: 46 Chief Deputy Richard W Stewart 0UMBERLAND COUNT 'Y Solicitor OF?_,,T'' Rl" PENNSYLVANIA Wells Fargo Bank, NA vs. Amber L. Clay (et al.) Case Number 2012-1421 SHERIFF'S RETURN OF SERVICE 03/13/2012 05:31 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on March 13, 2012 at 1731 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Amber L. Clay, by making known unto herself personally, at 929 Nixon Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. RYAN BURGETT, D 03/13/2012 05:31 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on March 13, 2012 at 1731 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Ryan D. Clay, by making known unto Amber Clay, Wife of Defendant at 929 Nixon Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $54.00 March 16, 2012 RYAN BURGETT, D SO ANSWERS, RON R ANDERSON, SHERIFF ;q CounfYSutte Sherrft. Ie!eoaofl. In:; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA successor by merger to CIVIL DIVISION T r j Wachovia Mortgage, FSB, No.: 12-1421 CIVIL TERM yp .? ?.. Plaintiff P - ISSUE NUMBER: C-1 VS. e,w TYPE OF PLEADING: ., ` Amber L. Clair; Ryan D. Clay; PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT Defendant(s). (MORTGAGE FORECLOSURE) Mortgaged Premises: FILED ON BEHALF OF: 929 Nixon Drive, Mechanicsburg, PA 17055-4047 Wells Fargo Bank, NA successor by merger to Wachovia Mortgage, FSB Plaintiff COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire- Pa I.D.# 55650 Kimberly A. Bonner, Esquire- Pa I.D. #89705 Joel A. Ackerman, Esquire- Pa I.D. #202729 Ashleigh L. Marin, Esquire-Pa I.D. #306799 Ralph M. Salvia, Esquire- Pa I.D. #202946 Jaime R. Ackerman, Esquire- Pa I.D. #311032 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500 Atty File No.: XFP-163088 auA .6 16. Slog O No??- Ma?i?d Praecipe for Entry of Judgment Zucker, Goldberg & Ackerman, LLC XFP-163088 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA successor by merger to Wachovia CIVIL DIVISION Mortgage, FS8 Plaintiff, NO.: 12-1421 CIVIL TERM VS. Amber L. Clay, Ryan D. Clay; Defendant(s). PROCIPE FOR ENTRY OF JUDGMENT BY DEFAULT (MORTGAGE FORECLOSURE) TO: PROTHONOTARY Please enter judgment, in mortgage foreclosure (in rem only), in the above-captioned case in favor of Plaintiff and against Defendant(s), for failure to file a response to Plaintiff's Complaint within the appropriate time limits from service thereof, and assess Plaintiff's damages as follows: Amount as set forth in Complaint Interest from Complaint date through 05/11/2012 Late Charges TOTAL $252,527.35 $4,779.54 $195.89 $257,502.78 plus interest on the judgment amount ($257,502.78) from May 12, 2012, at the statutory rate and for foreclosure and sale of the mortgaged premises. I hereby certify that the defendant's last known 929 Nixon Drive address is: Mechanicsburg, PA 17055- 4047 ZUCKER, GOLBE ACKE C Dated: %?f l BY: l Joel A. ?ekVr4an, Esquire; I.D. #202729 Ashlej h L. Marin, Esquire; PA I.D. #306799 Jaime R. Ackerman, Esquire; PA I.D. #311032 Attorneys for Plaintiff XFP-163088 200 Sheffield Street, Suite 101 Mountainside, N1 07092 (908) 233-8500; (908) 233-1390 FAX Email: Of, zuc old om DAMAGES ARE HEREBY ASSESSED AS INDICATED S A Date Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA successor by merger to Wachovia CIVIL DIVISION Mortgage, FSB : Vs. Amber L. Clay; Ryan D. Clay; Defendant(s). AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT STATE OF NEW JERSEY COUNTY OF UNION Plaintiff, NO.: 12-1421 CIVIL TERM SS: I, the undersigned attorney for the plaintiff in the above action, being duly sworn according to law, do hereby depose and say that the statements made herein are true in and correct to the best of my knowledge, information, and that: 1) The Defendant is not in the military service of the United States of America to the best of my knowledge, information and belief as evidenced by the attached copies; 2) The Notice of intent to take Default Judgment was mailed in accordance with Pa. R.C.P. 237.1 and that the time limits provided for that notice have expired. ZUCKER, G E N, LLC Dated: J' /G BY: 11 Joel ckerman, Esquire; PA I.D. #202729 Ash igh L. Marin, Esquire; PA I.D. #306799 Yjaime R. Ackerman, Esquire; PA I.D. #311032 Attorneys for Plaintiff XFP-163088 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoIdberg.com Sworn to and subscribed before me This day of tq J+? , 201 V A SKI N o t a Pub is PAUL . NADRATO\N Notary Public of New Jersey My Commission Expires: ID# 2407850 My Commission Expires 4/27/2016 Zucker, Goldberg & Ackerman, LLC XFP-163088 Department of Defense Manpower Data Center Results as of: May-1 1-2012 07:05:53 SCRA 2.1 Status Report Punuant to Servicememben Civil Relief Act Last Name: CLAY First Name: AMBER L Active Duty Status Date May-11-2012 Active tylEndDate stews Service carnponaint On Active Duty On Aclive Duty Status Date NA No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The. Member or HlsMw Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. 14. 10 4W? I'll 1,1111t 4*4-- Mary M. Snavely-Dixon, Director Department of Defense - !Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors"Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: ht)p://www.defenselink.milffaq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). If you obtain additional information about the person (e.g., a SSN, First Name), you can submit your request again at this Web site and we will provide a new certificate for that query This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (kPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Unde(the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check, to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Report ID: TV8663RCH7 Department of Defense Manpower Data Center 40 : taws Reprnrt `mu t to Servicemembers Civil Relief Act Last Name: COY First Name: RYAN D Active Duty Status Date May-11-2012 Results as of : May-11-2012 07:07:07 SCRA 2.1 Active Duty End Date Status Service component i On Active Duty On Aclive Duty. statue Date NA No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Acute Duty Within 367 Days of Active Duty Status Date NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date I The Member HIVHer Unit Was Notified of a Future CalWp to Active Duty on Active Duty Status Date NA No _ NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data (banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the attire duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Afty Orlin Mary M. Snavely-Dixon, Director Department of Defense -'Manpower Data Center 4800 Mark Center Drive, .Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly suppotts the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: h#p://www.defenselink.mil/faq/pis/PC09SLDR.htmi. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). If you obtain additional information about the person (e.g., a SSN, First Name), you can submit your request again at this Web site and we will provide a new certificate for that query This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the Presid nt or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service orlthe National Oceanic and Atmospheric Administration (NOAH Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Report ID: R115SG7EUK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA successor by merger to Wachovia CIVIL DIVISION Mortgage, FSB Plaintiff, NO.: 12-1421 CIVIL TERM VS. Amber L. Clay; Ryan D. Clay; Defendant(s). NOTICE OF ORDER, DECREE OR JUDGMENT TO: Amber L. Clay 929 Nixon Drive Mechanicsburg, PA 17055-4047 [ ] Plaintiff [V] Defendant [ ] Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on [ ] A copy of the Order or Decree is enclosed, or [V) The judgment is as follows: $257,502.78 plus c ts. • Prothonotary Zucker, Goldberg & Ackerman, LLC XFP-163088 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA successor by merger to Wachovia CIVIL DIVISION Mortgage, FSB Plaintiff, NO.: 12-1421 CIVIL TERM vs. Amber L. Clay; Ryan D. Clay; Defendant(s). NOTICE OF ORDER, DECREE OR JUDGMENT TO: Ryan D. Clay 929 Dixon Drive Mechanicsburg, PA 17055-4047 [ ] Plaintiff [V] Defendant [ ] Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on S` ^pL( i ] a [ ] A copy of the Order or Decree is enclosed, or [V] The judgment is as follows: $257,502.78 plus costs. F Jrothonotary Zucker, Goldberg & Ackerman, LLC XFP-163088 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson lb)o ey Sheriff 0 Jody S Smith ?o,?ttitr of t?umbrr??4 ' Chief Deputy A Richard W Stewart Solicitor OFFICE OF THE SKERIFF Wells Fargo Bank, NA Case Number vs. Amber L. Clay (et all.) 2012-1421 SHERIFF'S RETURN OF SERVICE 03/13/2012 05:31 ISM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on March 13, 2012 a 1731 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within amed defendant, to wit: Amber L. Clay, by making known unto herself personally, at 929 Nixon Drive, echanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handin to her personally the said true and correct copy of the same. RYAN BURGETT, D 03/1312012 05:31 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on March 13, 2012 at 1731 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within clamed defendant, to wit: Ryan D. Clay, by making known unto Amber Clay, Wife of Defendant at 929 Nixon Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $54.00 March 16, 2012 RYAN'BURGETT, D SO ANSWERS, RON R ANDERSON, SHERIFF (C) Cotnb'Sulte Shank TBIeOSO, InC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA successor by merger to Wachovia Mortgage, FSB Plaintiff, vs. CIVIL DIVISION NO.: 12-1421 CIVIL TERM Amber L. Clay Ryan D. Clay Defendant. IMPORTANT NOTICE TO: Ryan D? Clay 929 Ni*on Drive Mechanicsburg, PA 17055-4047 DATE OF NO'T'ICE: 4/4/2012 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUD GMENrT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER DAPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU D O NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWMG OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. N'OTIC'E TO DEFEND & LA«'YERREFERR-4L ',SFRNTCE Cumberland C unty Bar Association Cumberland County Bar Association 32 S. Bedford treet 32 S. Bedford Street Carlisle, PA 17 13 Carlisle, PA 17013 Phone (800) 99 -9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA successor by merger to Wachovia''Mortgage, FSB Plaintiff, vs. Amber L. Clay Ryan D. Clay Defendant. TO: Reran D. Clay 929 Nixon Drive Mlechanicsburg, PA 17055-4047 CIVIL DIVISION NO.: 12-1421 CIVIL TERM AVISO ]EMPORT ANTE FECHA EL AVISOA/4/2012 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO IN1v1EDIATAMENTE A SU AB OGAD O. SI USTED NO TIENTE' UN ABOGADO 0 NO PUEDE PAGAR UNO, VAYA 0 LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE TO DEFEND & LAWYER REFFRRAL STRVIt'F Cumberla d County Bar Association Cumberland County Bar Association 32 S. Bed ord Street 32 S. Bedford Street Carlisle, A 17013 Carlisle, PA 17013 Phone (8(0) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 ZUCKER, GOLDBERG &ACKERMAN BY: Scutt a. _`oiette4 ci. Scott A. Dietterick, Esquire Attorneys for Plaintiff PA I.D. # 55650 200 Sheffield Street, Suite 301 P. O. Box 1024 Mountainside, NJ 07092-0024 (717) 533-3560 FIRST CLASS U.S. MAIL, POSTAGE PREPAID 163088 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA successor by merger to Wachovia Mortgage, FSB Plaintiff, vs. CIVIL DIVISION NO.: 12-1421 CIVIL TERM Amber L. Clay Ryan D. Clay Defendant. IMPORTANT NOTICE TO: Amber L. Clay 929 Nix nn Drive Mechaicsburg, PA 17055-4047 DATE OF NOTICE: 4/4/2012 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUD GMEI MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER RV20RTANT RIGHTS. YOU SHOULD TAKE THIS NOTICt TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE 'YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAN Y ERREFERRAL SFR17ICF Cumberland Co my Bar Association Cumberland County Bar Association 32 S. Bedford S reet 32 S. Bedford Street Carlisle, PA 17 13 Carlisle, PA 17013 Phone (800) 99 -9108 Phone (800) 990-9108 (717 249-3166 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA successor by merger to Wachovia Mortgage, FSB Plaintiff, vs. CIVIL DIVISION NO.: 12-1421 CIVIL TERM Amber L. Clay Ryan D. Cllay Defendant. AVISO 111P'ORTANTE TO: Amber L. Clay 92 Nixon Drive Mechanicsburg, PA 17055-4047 FECHA EL AVISOA/4/2012 U TED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOIVffi ACCION DENTRO DE LOS PR XIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER' SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR' ESTE DOCUMENTO INNfEDL4TAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO 0 NO PUEDE PAGAR UNO, VAYA 0 LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORIIEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE TO DEFEND & LANL'YERREFERR-?L STRN IC_ F Cumberla d County Bar Association Cumberland County Bar Association 32 S. Bedf rd Street 32 S. Bedford Street Carlisle, P 17013 Carlisle, PA 17013 Phone (80 ) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 ZUCKER, GOLDBERG &ACKERMAN BY: Scott a. Diette.tiv4i Scott A. Dietterick, Esquire Attorn eys for PI aintiff PA I.D. # 55650 200 Sheffield Street, Suite 301 P. O. Box 1024 Mountainside, NJ 07092-0024 (717) 533-3560 FIRST CLASS U.S. MAIL, POSTAGE PREPAID 163088 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION Wells Fargo Bank, NA successor by merger to Wachovia Mortgage, FSB, Amount Due $257,502.78 Interest from 05/12/2012 to date of sale $12,648.03 Plaintiff, vs. -- _ Costs Amber L. Clay; Ryan D. Clay; , , ~, ~ i ~~~~ _ ~~.~ ' ~ .r ~ ~~ Defendants. - -~ ~: TO THE PROTHONOTARY OF THE SAID COURT: ~~°s~' ~''~' _. .. _ - The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract of account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue Writ of Execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s): See Exhibit "A" attached PRAECIPE FOR ATTACHMENT EXECUTION Issue Writ of Attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personality list): and all other property of the defendant(s) in the possession, custody or control of the said garnish~ge(s). (Indicate) Index thi writ agai t the garnishee(s) as a lis pendens agai the attached exhibit. v DATE: ~ Signature: ) described in /~==~ Print Name: Sc t . Dietterick, Esquire /` berly A. Bonner, Esquire C~ Joel Ackerman, Esquire ~V QC~'S~~ Ashleigh L. Marin, Esquire ~~ ~ ~~ Ralph M. Salvia, Esquire `~ 2~ C (t t~ Jaime R. Ackerman, Esquire ~O 3' ~5 II ~ I Address: Zucker, Goldberg & Ackerman, LLC .s~ 200 Sheffield Street, Suite 101 ~ « ~~ Mountainside, NJ 07092 ~~ S ~ ~~ Attorney for: Plaintiff ~~ 2S Telephone: 908-233-8500 __ g Supreme Court ID No.: 55650 89705 202729 ~5 ~ /~ 306799 ~a (~tl 202946 ~L 311032 ~, S C ~{# y~o3b ~.~ a g~l~ File No. 12-1421 CIVIL TERM U~~k ~ .i~~rt 4 \cl~ ~ t f~_, :zh ~~ ~ss~ - Exhibit "A" - LEGAL DESCRIPTION ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF NIXONDRIVE AT THE NORTHEAST CORNER OF LOT NO.1 OF THE RICHARD L. FROST SUBDIVISION, AS RECORDED IN CUMBERLAND COUNTY PLAN BOOK 22, PAGE 143; THENCE ALONG NIXON DRIVE, NORTH 67 DEGREES 4S MINUTES EAST, A DISTANCE OF 85 FEET TO A POINT; SOUTH 07 DEGREES 38 MINUTES EAST, A DISTANCE OF 427.8 FEET TO A POINT; THENCE SOU'T'H 73 DEGREES 30 MINUTES WEST, A DISTANCE_OF 8S FEET TO AN IRON PIN; THENCE SOUTH 7S DEGREES 39 MINUTES 40 SECONDS WEST,-A DISTANCE OF 85.0 FEET TO AN IRON PIN; THENCE NORTH 06 DEGREES 00 MINUTES 00 SECONDS WEST,-A DISTANCE OF 162.8 FEET TO AN IRON PIN; THENCE ALONG THE DIVIDING LINE BETWEEN LOT NO.1 AND LOT N0.2 ON THE AFOREMENTIONED SUBDIVISION PLAN, NORTH 83 DEGREES 45 MINUTES 00 SECONDS EAST, A DISTANCE OF 83.43 FEET TO AN IRON PIN; - THENCE CONTINUING ALONG LOT NO.1, NORTH 06 DEGREES;1 S MINUTES 00 SECONDS WEST, DISTANCE OF 26S.SS FEET TO THE POINT AND PLACE OF BEGINNING. BEING IMPRO=VED WITH ARANCH-STYLE DWELLING HOUSE KNOWN AS 929 NIXON DRIVE AND CONTAINING APPROXIMATELY 1.1 ACRES, MORE OR LESS. BEING THE SAME PREMISES WHICH EDWARD L. FACKLP~R, MARRIED MAN, BY DEED DATED OCTOBER 31, 2008 AND RECORDED NOVEMBER 12, 2008 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, AS INSTRUMENT NUMBER 200836896, GRANTED Al\TD CONVEYED UNTO RYAN D. CLAY AND AMBER L. CLAY, HUSBAND AND WIFE. TAX MAP NO.: 22-24-0781-030. - - Zucker, Goldberg & Ackerman, LLC - - XFP-163088 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA successor by merger to Wachovia Mortgage, FSB, Plaintiff, vs. Amber L. Clay; Ryan D. Clay; -~ t CIVIL DIVISION ~ Y_., r- F" ~~ ~-~ NO.: 12-1421 CIVIL TERM f:;~~, '~-~ ui ~ ~. Execution No.: ~ c W ~ ~-' -1 {, .~. • -- c T" a . ~;~ .~ f,w Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank, NA successor by merger to Wachovia Mortgage, FSB, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 929 Nixon Drive, Mechanicsburg, PA 17055-4047. 1. Name and Address of Owner(s) or Reputed Owner(s): RYAN D. CLAY AND AMBER L. CLAY, HUSBAND AND WIFE 929 Nixon Drive Mechanicsburg, PA 17055-4047 2. Name and Address of Defendant(s) in the Judgment: AMBER L. CLAY 929 Nixon Drive Mechanicsburg, PA 17055-4047 RYAN D. CLAY 929 Nixon Drive Mechanicsburg, PA 17055-4047 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: WELLS FARGO BANK, NA SUCCESSOR BY MERGER TO WACHOVIA MORTGAGE, FSB Plaintiff <. ~~:~<,:~„~.~~, ~ i c ~l~N-IG:iUX8 4. Name and Address of the last record holder of every mortgage of record: WELLS FARGO BANK, NA SUCCESSOR BY MERGER TO WACHOVIA MORTGAGE, FSB Plaintiff WACHOVIA MORTGAGE, FSB 1100 Corporate Center Drive Raleigh, NC 27607-5066 MEMBERS 15T FEDERAL CREDIT UNION 5000 Louise Drive Mechanicsburg, PA 17055 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 7. Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 UNKNOWN TENANT OR TENANTS 929 Nixon Drive Mechanicsburg, PA 17055-4047 UNKNOWN SPOUSE 929 Nixon Drive Mechanicsburg, PA 17055-4047 ,, ~ . c.~~u.~t~ E J t p~_1~;.;rt~ PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 EVELYN J. GRISSINGER 4915 Sunset Drive Harrisburg, PA 17112-2166 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ZUCKER GOLDB~,fj~$rACKERIuAN, LLC Dated: G~ ,,~ ~~ BY: ~ "" ~ Scott ietterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA.I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 +'`~ 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 File No.: XFP-163088 (908) 233-8500; (908) 233-1390 FAX E-mail: Office@zuckergoldberg.com ,~ ~ t~:id~:~rnuin i,l (' ?~ P-163(}SK Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF NIXON DRNE AT THE NORTHEAST CORNER OF LOT NO.1 OF THE RICHARD L. FROST SUBDNISION, AS RECORDED IN CUMBERLAND COUNTY PLAN BOOK 22, PAGE 143; THENCE ALONG NIXON DRNE, NORTH 67 DEGREES 45 MINUTES EAST, A DISTANCE OF 85 FEET TO A POINT; SOUTH 07 DEGREES 38 MINUTES EAST, A DISTANCE OF 427.8 FEET TO A POINT; THENCE SOUTH 73 DEGREES 30 MINUTES WEST, A DISTANCE OF 85 FEET TO AN IRON PIN; THENCE SOUTH 75 DEGREES 39 MINUTES 40 SECONDS WEST, A DISTANCE OF 85.0 FEET TO AN IRON PIN; THENCE NORTH 06 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 162.8 FEET TO AN IIZON PIN; THENCE ALONG THE DNIDING LINE BETWEEN LOT NO.1 AND LOT N0.2 ON THE AFOREMENTIONED SUBDNISION PLAN, NORTH 83 DEGREES 45 MINUTES 00 SECONDS EAST, A DISTANCE OF 83.43 FEET TO AN IItON PIN; THENCE CONTINUING ALONG LOT NO.1, NORTH 06 DEGREES 15 MINUTES 00 SECONDS WEST, DISTANCE OF 265.55 FEET TO THE POINT AND PLACE OF BEGINNING. BEING IMPROVED WITH ARANCH-STYLE DWELLING HOUSE KNOWN AS 929 NIXON DRNE AND CONTAINING APPROXIMATELY 1.1 ACRES, MORE OR LESS. BEING THE SAME PREMISES WHICH EDWARD L. FACKLER, MARRIED MAN, BY DEED DATED OCTOBER 31, 2008 AND RECORDED NOVEMBER 12, 2008 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, AS INSTRUMENT NUMBER 200836896, GRANTED AND CONVEYED UNTO RYAN D. CLAY AND AMBER L. CLAY, HUSBAND AND WIFE. TAX MAP NO.: 22-24-0781-030. Zucker, Goldberg & Ackerman, LLC XFP-163088 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA successor by merger to Wachovia Mortgage, FSB Plaintiff, vs. CIVIL DIVISION NO.: 12-1421 CIVIL TERM Amber L. Clay; Ryan D. Clay; Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Ryan D. Clay 929 Nixon Drive Mechanicsburg, PA 17055-4047 TAKE NOTICE: -_ .- ;... ~. ,;~, _ mS ~~ t-; t- - _.._ ~ , -- ;.,., _ That the Sheriff's Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 3/6/2013 at 10:OOam prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") The LOCATION of your property to be sold is: 929 Nixon Drive, Mechanicsburg, PA, 17055-4047 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 12-1421 CIVIL TERM THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Ryan D. Clay and Amber L. Clay, husband and wife . ~ ...r -~~, trx~ A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. Zucker, Goldberg & Ackerman, LLC XFP-163088 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387, before presentation of the petition to the Court. ZUCKER GOLDBEI~& ACKERpfIAN, LLC Dated: ~ ~ ~~ BY: G Scott A. Di tterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA.I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 / Jaime R. Ackerman, Esquire; PA I.D. #311032 -`~ 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 File No.: XFP-163088 (908) 233-8500; (908) 233-1390 FAX E-mail: OfficeCa~zuckergoldberg.com VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. Zucker, Goldberg & Ackerman, LLC XFP-163088 Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF NIXON DRNE AT THE NORTHEAST CORNER OF LOT NO.1 OF THE RICHARD L. FROST SUBDNISION, AS RECORDED IN CUMBERLAND COUNTY PLAN BOOK 22, PAGE 143; THENCE ALONG NIXON DRNE, NORTH 67 DEGREES 45 MINUTES EAST, A DISTANCE OF 85 FEET TO A POINT; SOUTH 07 DEGREES 38 MINUTES EAST, A DISTANCE OF 427.8 FEET TO A POINT; THENCE SOUTH 73 DEGREES 30 MINUTES WEST, A DISTANCE OF 85 FEET TO AN IRON PIN; THENCE SOUTH 75 DEGREES 39 MINUTES 40 SECONDS WEST, A DISTANCE OF 85.0 FEET TO AN IRON PIN; THENCE NORTH 06 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 162.8 FEET TO AN IRON PIN; THENCE ALONG THE DNIDING LINE BETWEEN LOT NO.1 AND LOT N0.2 ON THE AFOREMENTIONED SUBDNISION PLAN, NORTH 83 DEGREES 45 MINUTES 00 SECONDS EAST, A DISTANCE OF 83.43 FEET TO AN IRON PIN; THENCE CONTINUING ALONG LOT NO.1, NORTH 06 DEGREES 15 MINUTES 00 SECONDS WEST, DISTANCE OF 265.55 FEET TO THE POINT AND PLACE OF BEGINNING. BEING IMPROVED WITH ARANCH-STYLE DWELLING HOUSE KNOWN AS 929 NIXON DRNE AND CONTAINING APPROXIMATELY 1.1 ACRES, MORE OR LESS. BEING THE SAME PREMISES WHICH EDWARD L. FACKLER, MARRIED MAN, BY DEED DATED OCTOBER 31, 2008 AND RECORDED NOVEMBER 12, 2008 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, AS INSTRUMENT NUMBER 200836896, GRANTED AND CONVEYED UNTO RYAN D. CLAY AND AMBER L. CLAY, HUSBAND AND WIFE. TAX MAP NO,: 22-24-0781-030. Zucker, Goldberg & Ackerman, LLC XFP-163088 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 12-1421 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., Plaintiff (s) From AMBER L. CLAY; RYAN D. CLAY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $257,502.78 L.L.: $.50 Interest FROM 5/12/2012 TO DATE OF SALE - $12,648.03 Atty's Comm: Atty Paid: $205.25 Plaintiff Paid: Date: 11 /29/12 (Sean REQUESTING PARTY: Name: JAIME I'Z. ACKERMAN, ESQUIRE Address: ZUCKER, GOLDBERG &ACKERMAN, LLC 200 SHEFFIELD STREET, SUITE 101 MOUNTAINSIDE, NJ 07092 Attorney for: PLAINTIFF Telephone: 908-233-8500 Supreme Court ID No. 311032 Due Prothy: $2.25 Other Costs: Deputy By: SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson y a_ Sheriff Of cr sta r d. r;` t i'1 r 'ro f . Jody S Smith to Chief Deputy 113 1UL I I Ul I : Richard W Stewart Z$%_. '�.� y ��9 1 ` Solicitor OFFICE 01:SHE SHERIFF V t71 tt��- PEPI�SY�V�tdkA Wells Fargo Bank, NA Case Number vs. Ryan D. Clay(et al.) 2012-1421 SHERIFF'S RETURN OF SERVICE 01/02/2013 05:50 PM -Deputy Ryan Burgett, being duly sworn according to law, states service was performed by - posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 929 Nixon Drive, Mechanicsburg, PA 17055, Cumberland County. 01/02/2013 05:50 PM-Deputy Ryan Burgett, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant,to wit: Amber L. Clay at 929 Nixon Drive, Monroe Township, Mechanicsburg, PA 17055, Cumberland County. 01/02/2013 05:50 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Amber Clay, Wife, who accepted as"Adult Person in Charge"for Ryan D. Clay at 929 Nixon Drive, Monroe Township, Mechanicsburg, PA 17055, Cumberland County. 01/24/2013 As directed by Jaime R Ackerman,Attorney for the Plaintiff, Sheriffs Sale Continued to 5/1/2013 04/30/2013 As directed by Scott Dietterick,Attorney for the Plaintiff, Sheriff's Sale Continued to 7/10/2013 07/08/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned"stayed", per letter of instruction from Attorney. SHERIFF COST: $1,049.94 SO ANSWERS, 6 Z__::;L W � �"" July 08, 2013 RON R ANDERSON, SHERIFF , / . . (c)CouMyStuite Sheriff_Teleos3R,In-, 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA successor by merger to CIVIL DIVISION Wachovia Mortgage, FSB, NO.: 12-1421 CIVIL TERM Plaintiff, VS. Execution No.: Amber L.Clay; Ryan D.Clay; Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank, NA successor by merger to Wachovia Mortgage, FSB, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 929 Nixon Drive, Mechanicsburg, PA 17055-4047. 1. Name and Address of Owner(s)or Reputed Owner(s): RYAN D. CLAY AND AMBER L. CLAY, HUSBAND AND WIFE 929 Nixon Drive Mechanicsburg, PA 17055-4047 2. Name and Address of Defendant(s) in the Judgment: AMBER L.CLAY 929 Nixon Drive Mechanicsburg, PA 17055-4047 RYAN D. CLAY 929 Nixon Drive Mechanicsburg, PA 17055-4047 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: WELLS FARGO BANK, NA SUCCESSOR BY MERGER TO WACHOVIA MORTGAGE, FSB Plaintiff C;oldiere& Ackerman.11-C XFP-1630118 - 4. -Name and Address of the last record holder of every rriortgage of record: WELLS FARGO SANK, NA SUCCESSOR BY MERGER TO WACHOVIA MORTGAGE, FSB Plaintiff WACHOVIA MORTGAGE, FSB 1100 Corporate.Center Drive Raleigh, NC 27607-5066 MEMBERS 1ST FEDERAL CREDIT UNION 5000 Louise Drive Mechanicsburg;PA 17055 5. Name and Address of every other person who has any-record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 6. -Name and Address of every other person who has any-record interest in the property and whose interest may be affected by the sale: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 " Harrisburg, PA -17105 7. _Name and Address of every other person of whom the.:Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 - Carlisle, PA 1703 UNKNOWN TENANT OR TENANTS - 929 Nixon Drive Mechanicsburg,.PA 17055-4047 UNKNOWN SPOUSE 929 Nixon Drive Mechanicsburg;,PA 17055-4047 /nck.r.(ioldbmi&Ackerman. L.L( - X1211-163088 PA DEPT.OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 EVELYN J. GRISSINGER 4915 Sunset Drive Harrisburg, PA 17112-2166 1 verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge; information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ZUCKER GOLDB CKER AN, LLC Dated: �� (y1 BY: Scott ietterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA.I.D.#89705 Joel A.Ackerman, Esquire; PA I.D.#202729 Ashleigh L. Marin, Esquire; PA I.D.#306799 Ralph M. Salvia, Esquire; PA I.D.#202946 Jaime R.Ackerman, Esquire; PA I.D.#311032 rJ 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 File No.:XFP-163088 (908) 233-8500; (908) 233-1390 FAX E-mail: Office @zuckergoldberg.com /ucker.6oldbera&Ackerman.L.LC XFP-163038 Exhibit"A" .. LEGAL DESCRIPTION ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS,TO WIT: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF NIXON-DRIVE AT THE NORTHEAST CORNER OF LOT NO.1 OF THE RICHARD L. FROST SUBDIVISION, AS RECORDED IN CUMBERLAND COUNTY PLAN BOOK 22, PAGE 143; THENCE ALONG NIXON DRIVE,NORTH 67 DEGREES 45 MINUTES EAST,A DISTANCE OF 85 FEET TO A POINT; SOUTH 07 DEGREES 38 MINUTES EAST,A DISTANCE OF 427.8 FEET TO A POINT; THENCE SOUTH 73 DEGREES 30 MINUTES WEST,A DISTANCE OF 85 FEET TO AN [RON PIN; THENCE SOUTH 75 DEGREES 39 MINUTES 40 SECONDS WEST,A DISTANCE OF 85.0 FEET TO AN IRON PIN; THENCE NORTH 06 DEGREES 00 MINUTES 00 SECONDS WEST,A DISTANCE OF 162.8 FEET TO AN IRON PIN; THENCE ALONG THE DIVIDING LINE BETWEEN LOT NO.1 AND LOT NO.2 ON THE AFOREMENTIONED SUBDIVISION PLAN,NORTH 83 DEGREES 45 MINUTES 00 SECONDS EAST,A DISTANCE OF 83.43 FEET TO AN IRON PIN; THENCE CONTINUING ALONG LOT NO.1,NORTH 06 DEGREES 15 MINUTES 00 SECONDS WEST, DISTANCE OF 265.55 FEET TO THE POINT AND PLACE OF BEGINNING. BEING IMPROVED WITH A RANCH-STYLE DWELLING HOUSE KNOWN AS 929 NIXON DRIVE AND CONTAINING APPROXIMATELY 1.1 ACRES, MOREPR LESS. BEING THE SAME PREMISES WHICH EDWARD L. FACKLER, MARRIED MAN, BY DEED DATED-OCTOBER 31, 2008 AND RECORDED NOVEMBER 12, 2008 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, AS INSTRUM ENT NUMBER 200836896, GRANTED AND CONVEYED UNTO RYAN D. CLAY AND AMBER L. CLAY, 1-iUSBAND AND WIFE. TAX MAP NO:: 22-24-0781-030. Zucker,Goldberg&Ackerman,LLC XFP-163088 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA successor by merger to CIVIL DIVISION Wachovia Mortgage, FSB Plaintiff, NO.: 12-1421 CIVIL TERM VS. Amber L. Clay; Ryan D.Clay; Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Amber L. Clay 929 Nixon Drive Mechanicsburg, PA 17055-4047 TAKE NOTICE: That the Sheriff's Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 3/6/2013 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT"A"). The LOCATION of your property to be sold is: 929 Nixon Drive, Mechanicsburg, PA, 17055-4047 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 12-1421 CIVIL TERM THE NAME(S)OF THE OWNER(S)OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Ryan D. Clay and Amber L.Clay, husband and wife Zucker,Goldberg&Ackerman, LLC XFP-163088 A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds- of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10)-days of the date it is filed. Information about the-Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle;,PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE-OF YOUR PROPERTY. It has been issued because there is a Judgment against you. -It may cause your property to be held, to be sold-or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights,you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association. 32 S. Bedford Street Carlisle, PA 17013 Phone(800)990-9108 _ (717)249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: _1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you.- 2. After the Sheriff's Sale, you may file a petition_with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. - Zucker,Goldberg&Ackerman, LLC _ XFP-163088 3. A petition or petitions raising the legal issues or rights ntioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition . must be served on the attorney for the creditor or on the credit or before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387, before presentation of the petition to the Court. ZUCKER GOLDBER CKER AN, LLC Dated: //' BY: 111 j Scott A. tterick, Esquire; PA I.D.#55650 l Kimberly A. Bonner, Esquire; PA.I.D.#89705 Joel A.Ackerman, Esquire; PA I.D.#202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D.#202946 Jaime R.Ackerman, Esquire; PA I.D. #311032 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 File No.: XFP-163088 (908)233-8500; (908) 233-1390 FAX E-mail: Office @zuckergoldberg.com VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. Zucker,Goldberg&Ackerman,LLC XFP-163088 Exhibit"A" - LEGAL DESCRIPTION ` ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS,TO WIT: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF NIXON-DRIVE AT THE NORTHEAST CORNER OF LOT NO.1 OF THE RICHARD L. FROST SUBDIVISION,AS RECORDED IN CUMBERLAND COUNTY PLAN BOOK 22, PAGE 143; THENCE ALONG NIXON DRIVE,NORTH 67 DEGREES 45 MINUTFS EAST, A DISTANCE OF 85 FEET TO A POINT; SOUTH 07 DEGREES 38 MINUTES EAST,A DISTANCE OF 427.8 FEET TO A POINT; THENCE SOUTH 73 DEGREES 30 MINUTES WEST, A DISTANCE_OF 85 FEET TO AN IRON PIN; THENCE SOUTH 75 DEGREES 39 MINUTES 40 SECONDS WEST,-A DISTANCE OF 85.0 FEET TO AN IRON PIN; THENCE NORTH 06 DEGREES 00 MINUTES 00 SECONDS WEST,'A DISTANCE OF 162.8 FEET TO AN IRON PIN; THENCE ALONG THE DIVIDING LINE BETWEEN LOT NO.1 AND LOT NO.2 ON THE AFOREMENTIONED SUBDIVISION PLAN,NORTH 83 DEGREES 45 MINUTES 00 SECONDS EAST,A DISTANCE OF 83.43 FEET TO AN IRON PIN; THENCE CONTINUING ALONG LOT NO.1,NORTH 06 DEGREES-)5 MINUTES 00 SECONDS WEST,DISTANCE OF 265.55 FEET TO THE POINT AND PLACE OF BEGINNING. BEING IMPROVED WITH A RANCH-STYLE DWELLING HOUSE_KNOWN AS 929 NIXON DRIVE AND CONTAINING APPROXIMATELY 1.1 ACRES, MORE"OR LESS. BEING THE SAME PREMISES WHICH EDWARD L. FACKLM, MARRIED MAN, BY DEED DATED-OCTOBER 31, 2008 AND RECORDED NOVEMBER 12, 2008 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, AS INSTRUMENT NUMBER 200836896, GRANTED AA1D CONVEYED UNTO RYAN D. CLAY AND AMBER L. CLAY, HUSBAND AND WIFE. TAX MAP NO:-: 22-24-0781-030. Zucker,Goldberg&Ackerman,LLC XFP-163088 IN'THE,COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA successor by merger to CIVIL DIVISION Wachovia Mortgage, FSB Plaintiff, NO.: 12-1421 CIVIL TERM VS. Amber L. Clay; Ryan D. Clay; Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Ryan D. Clay 929 Nixon Drive Mechanicsburg, PA 17055-4047 TAKE NOTICE: That the Sheriff's Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 3/6/2013 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT"A"). The LOCATION of your property to be sold is: 929 Nixon Drive, Mechanicsburg,PA, 17055-4047 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 12-1421 CIVIL TERM THE NAME(S) OF THE OWNER(S)OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Ryan D.Clay and Amber L.Clay, husband and wife %111'kC1,6111 ihcr_ A&CM an.LLC: FP-16308M A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the-proceeds of the sale received and to be disbursed by the Sheriff(for example to banks that hold-mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty(30)days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date"it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County,One Courthouse Square,Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held,xo be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET`FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association _ Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone(800)990-9108 _ (717)249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the-Sheriff's Deed is delivered. Zucker,Goldberg&Ackerman,LLC XFP-163088 •3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387, before presentation of the petition to the Court. ZUCKER GOLDBE &ACKER AN, LLC Dated: � �/„ BY: Scott A. Di tterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA.I.D. #89705 Joel A.Ackerman, Esquire; PA I.D.#202729 Ashleigh L. Marin, Esquire; PA I.D.#306799 Ralph M. Salvia, Esquire; PA I.D. #202946 / Jaime R.Ackerman, Esquire; PA I.D. #311032 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 File No.: XFP-163088 (908)233-8500; (908) 233-1390 FAX E-mail: Office @zuckergoIdberg.com VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. Zucker,Goldberg&Ackerman,LLC XFP-163088 Exhibit"A" LEGAL DESCRIPTION ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN,MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS,TO WIT: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF NIXON DRIVE AT THE NORTHEAST CORNER OF LOT NO.I OF THE RICHARD L. FROST SUBDIVISION,AS RECORDED IN CUMBERLAND COUNTY PLAN BOOK 22, PAGE 143, THENCE ALONG NIXON DRIVE,NORTH 67 DEGREES 45 MINUTES EAST, A DISTANCE OF 85 FEET TO A POINT; SOUTH 07 DEGREES 38 MINUTES EAST, A DISTANCE OF 427.8 FEET TO A POINT; THENCE SOUTH 73 DEGREES 30 MINUTES WEST,A DISTANCE;OF 85 FEET TO AN IRON PIN; THENCE SOU T H 75 DEGREES 39 MINUTES 40 SECONDS WEST,.A DISTANCE OF 85.0 FEET TO AN IRON VIN; THENCE NORTH 06 DEGREES 00 MINUTES 00 SECONDS WEST;.A DISTANCE OF 162.8 FEET TO AN IRON PIN; THENCE ALONG THE DIVIDING LINE BETWEEN LOT NO.1 AND LOT NO.2 ON THE AFOREMENTIONED SUBDIVISION PLAN,NORTH 83 DEGREES 45 MINUTES 00 SECONDS EAST, A DISTANCE OF 83.43 FEET TO AN IRON PIN; THENCE CONTINUING ALONG LOT NO.1,NORTH 06 DEGREES-15 MINUTES 00 SECONDS WEST,DISTANCE OF 265.55 FEET TO THE POINT AND PLACE OF BEGINNING. BEING IMPROVED WITH A RANCH-STYLE DWELLING HOUSE KNOWN AS 929 NIXON DRIVE AND CONTAINING APPROXIMATELY 1.1 ACRES, MOREOR LESS. BEING THE SAME PREMISES WHICH EDWARD L. FACKLER, MARRIED MAN, BY DEED DATED!OCTOBER 31, 2008 AND RECORDED NOVEMBER 12, 2008 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, AS INSTRUMENT NUMBER 200836896, GRANTED AND CONVEYED UNTO RYAN D. CLAY AND AMBER L. CLAY, HUSBAND AND WIFE. - TAX MAP NO%: 22-24-0781-030. - Zucker,Goldberg&Ackerman,LLC XFP-163088 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO, 12-1421 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due WELLS FARGO BANK,N.A., Plaintiff(s) From AMBER L.CLAY; RYAN D. CLAY (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 gamishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $257,502.78 L.L.: $.50 Interest FROM 5/12/2012 TO DATE OF SALE-$12,648.03 Atty's Comm: Due Prothy:$2.25 Atty Paid: $205.25 Other Costs: Plaintiff Paid: Date: 11/29/12 David ell,MProthonotary (Seal) oByy: Dep ty REQUESTING PARTY: Name:JAIME R.ACKERMAN,ESQUIRE Address: ZUCKER,GOLDBERG& ACKERMAN,LLC 200 SHEFFIELD STREET,SUITE 101 MOUNTAINSIDE,NJ 07092 Attorney for:PLAINTIFF Telephone: 908-233-8500 Supreme Court ID No.311032 -TRUE COPY F-,ROrA RECORD In 'rony wn@r of. I h6re unto set MY hand and the of 5-0 Cot; I t car Isie This day of 4 p o onotary On December 3, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Monroe Township, Cumberland County, PA, Known and numbered as, 929 Nixon Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 3, 2012 By: I N Real Estate Coordinator CUMBERLAND LAW JOURNAL Writ No. 2012-1421 Civil Tax Map No.: 22-24-0781-030. Wells Fargo Bank,NA vs. Ryan D. Clay, Amber L. Clay Atty.:Jaime R.Ackerman ALL THAT CERTAIN piece or par- cel of land situate in Monroe Town- ship, Cumberland County, Pennsyl- vania, more particularly bounded and described as follows,to wit: BEGINNING at a point on the southerly line of Nixon Drive at the northeast corner of Lot No, 1 of the Richard L Frost Subdivision, as re- corded in Cumberland County Plan Book 22, Page 143; thence along Nixon Drive, North 67 degrees 45 minutes East, a distance of 85 feet to a point;South 07 degrees 38 min- utes East, a distance of 427,8 feet to a point; thence South 73 degrees 30 minutes West, a distance of 85 feet to an iron pin;thence South 75 degrees 39 minutes 40 seconds West, a distance of 85.0 feet to an iron pin; thence North 06 degrees 00 minutes 00 seconds West,a distance of 162,8 feet to an iron pin;thence along the dividing line between Lot No.1 and Lot No.2 on the aforementioned Sub- division Plan, North 83 degrees 45 minutes 00 seconds East,a distance of 83.43 feet to an iron pin; thence continuing along Lot No.1, North 06 degrees 15 minutes 00 seconds West, distance of 265.55 feet to the point and place of beginning, being improved with a ranch-style dwelling house known as 929 Nixon Drive and containing approximately 1.1 acres, more or less. BEING the same premises which Edward L Fackler,married man, by Deed dated October 31,2008 and re- corded November 12,2008 in and for Cumberland County, Pennsylvania, as Instrument Number 200836896, granted and conveyed unto Ryan D. Clay and Amber L. Clay, husband and wife. 34 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne,Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid,being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 25, February 1, and February 8, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal,a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time,place and character of publication are true. X/fsa Marie Coy #,Editor SWORN TO AND SUBSCRIBED before me this day of Febn1ga, 2013 ZNotary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-News Co. 2020 Tech riology-Pkwy o *t ws Suiti 300 Patr*1tXe Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Marianne Miller, being duly sworn according to IaW, deposes'and says: That she-is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. t 2012-1421 C I This ad ran on the clate(s)shown below: ells Fargo Ban NA Vs 01/22113 Ryan D.Clay Amber L.Clay 0111291113 AtW. Jaime R Ackerman 02/05/13 ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN MONROETOWNSHIPCUMBERLAND . . . . . . . . . . . . COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS,TO WIT Sworn to scribed before 14 da of February 2013 A.D. BEGINNING AT A POINT ON THE SOUTHERLY LINE OF NIXON DRIVE AT THE NORTHEAST CORNER OF m; LOT NO, I OF THE RICHARD L od� FROST SUBDIVISION,AS RECORDED Natar-APUic IN CUMBERLAND COUNTY PLAN BOOK 22,PAGE 143;THENCE ALONG NIXON DRIVE,NORTH 67 DEGREES 45 MINUTES EAST, A DISTANCE co�.' UN TH OF PENNSYLVANIA OF 85 FEET TO A POINT, SOUTH Notarial Seal 07 DEGREES 38 MINUTES EAST, A Holly Lynn Warfel,Notary Public DISTANCE OF 427,8 FEET TO A POINT; Washington Twp.,Dauphin County THENCE SOUTH 30 My Commission EX Ires Dec.12,2016 MINUTES WEST, A DISTANCE OF MEMBER,PENNSYLVANIA ASSOCIATION Of NOTARIES 85 FEET To AN IRON PIN;THENCE SOUTH 75 DEGREES 39 MINUTES 4()SECONDS WEST A DISTANCE,OF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA successor by merger to CIVIL DIVISION Wachovia Mortgage, FSB Plaintiff, NO.: 12-1421 CIVIL TERM vs. C =' • • p. w Amber L. Clay; Ryan D. Clay; rr CO Defendants. 'r�.i 3>C - PRAECIPE TO SATISFY JUDGMENT � s�= ,. . :17.' c, TO THE PROTHONOTARY: Please mark the judgment filed at the above-captioned term and number satisfied. Respectfully submitted: ZUCKER, GOLDBERG &ACKERMAN, LLC By: a_AIY\ Dated: November 13,2013 Scott A. Dietterick, Esquire; PA I.D.#55650 Kimberly A. Bonner, Esquire; PA I.D.#89705 Joel A.Ackerman, Esquire; PA I.D.#202729 Ashleigh L. Marin, Esquire; PA I.D.#306799 Ralph M. Salvia, Esquire; PA I.D.#202946 Jaime R.Ackerman, Esquire; PA I.D. #311032 Attorneys for Plaintiff XFP-163088/efl 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office @zuckergoldberg.com e/0 76 .. //a°- ,ZekrKft7 Zucker,Goldberg&Ackerman,LLC XFP-163088 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA successor by merger to CIVIL DIVISION Wachovia Mortgage, FSB Plaintiff, NO.: 12-1421 CIVIL TERM rte, rm f^ VS. • rrl Amber L. Clay; Ryan D. Clay; c ; _rzz Defendants. -{ ' N PRAECIPE TO SETTLE, DISCONTINUE AND END THE PROTHONOTARY: Please mark the case filed at the above-captioned term and number SETTLED, DISCONTINUED and ENDED,without prejudice. Respectfully Submitted: ZUCKER, GOLDBERG &ACKERMAN, LLC BY: Ai „� Scott A. Dietterick, Esquire; PA I.D.#55650 Kimberly A. Bonner, Esquire; PA I.D.#89705 Joel A.Ackerman, Esquire; PA I.D.#202729 Ashleigh L. Marin, Esquire; PA I.D.#306799 Ralph M.Salvia, Esquire; PA I.D.#202946 Jaime R.Ackerman, Esquire; PA I.D.#311032 Jana Fridfinnsdottir, Esquire; PA I.D.#315944 Attorneys for Plaintiff XFP-163088/dcr 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX