HomeMy WebLinkAbout12-2050' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
t"? 3
WELLS FARGO BANK, N.A., CIVIL DIVISION
?
Plaintiff, ChSU
NO.: m
6
vs. r - -
TYPE OF PLEADING CD ?'` c?°> rf
Dwight B. Franks;
CIVIL ACTION - COMPLAINT
Defendant. IN MORTGAGE FORECLOSURE
TO: DEFENDANT
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE
ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS
FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED
AGAINST YOU.
I HEREBY CERIIFYIHA I THE ADDRESS
OF THE PLAINTIFr is:
3476 Stateview Blvd., MAC # X7801-013, Ft. Mill, SC 29715
AND THE DEFENDANT:
724 North Pitt Street
Carlisle, PA 17013-1951
CERT1 CATS OF
I HERE Y CERI l'
THE RE L EST F A
724 No h P' t tree
CATION OF
THIS LIEN 15
A 17013-19
Munici it . arli
ATTOR r PLAI
Ai iY FILE NOJ: XFP 165001
FILED ON BEHALF OF:
Wells Fargo Bank, N.A.
COUNSEL OF RECORD FOR THIS PARTY:
ZUCKER, GOLDBERG & ACKERMAN, LLC
Scott A. Dietterick, Esquire
Pa. I.D. #55650
Kimberly A. Bonner, Esquire
Pa. I.D. #89705
Joel A. Ackerman, Esquire
Pa I.D. #202729
Ashleigh Levy Marin, Esquire
Pa I.D. #306799
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- 165001/rj
ai,4?a3 ?S?d
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-165001
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Wells Fargo Bank, N.A. CIVIL DIVISION
Plaintiff,
vs. NO.:
Dwight B. Franks;
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-165001
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Wells Fargo Bank, N.A.
vs.
Dwight B. Franks;
Plaintiff,
Defendant(s).
AVISO
CIVIL DIVISION
NO.:
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de la demands establecida en las
siguientes paginas, debe tomar acci6n 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 p.uede perder dinero o propiedades u otros derechos importantes para
usted.
USTED 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-165001
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Wells Fargo Bank, N.A. CIVIL DIVISION
Plaintiff,
vs. NO.:
Dwight B. Franks;
Defendant(s).
CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE
And now comes Wells Fargo Bank, N.A., by its attorneys, Zucker, Goldberg & Ackerman, LLC,
and files this Complaint in Mortgage Foreclosure as follows:
1. The Plaintiff is Wells Fargo Bank, N.A., (hereinafter "plaintiff") through its servicing
agent WELLS FARGO BANK, N.A. located at 3476 Stateview Blvd., MAC # X7801-013, Ft. Mill, SC
29715.
2. Defendant, Dwight B. Franks, is an individual whose last known address is 724 North
Pitt Street, Carlisle, PA 17013-1951
3. On or about August 29, 2008, Dwight B. Franks executed a Note in favor of PNC
Mortgage, LLC in the original principal amount of $115,374.00.
4. On or about August 29, 2008, as security for payment of the aforesaid Note, Dwight
B. Franks, a married person made, executed and delivered to PNC Mortgage, LLC a Mortgage in the
original principal amount of $115,374.00 on the premises hereinafter described, with said Mortgage
being recorded in the Office of the Recorder of Deeds of Cumberland County on September 4, 2008,
Instrument #200830119. A true and correct copy of said Mortgage containing a description of the
premises subject to said Mortgage is marked Exhibit "A", attached hereto and made a part hereof.
5. The Mortgage was assigned by PNC Mortgage LLC to Wells Fargo Bank, N.A., plaintiff
herein, pursuant to an assignment of mortgage dated August 29, 2008 and recorded on September 4,
2008 in the Office of the Recorder of Deeds for Cumberland County, Instrument #200830120.
6. Defendant is in default under the terms of the aforesaid Mortgage and Note for,
inter alia, failure to pay the monthly installments of principal and interest being contractually due for
the September 2011 payment, and pursuant to the terms of the aforesaid Mortgage, after written
notice of said default to Defendant(s), the entire principal balance and accrued interest due
thereunder has been accelerated.
Zucker, Goldberg & Ackerman, LLC
XFP-165001
7. Dwight B. Franks, married man is the record and real owner 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 $111,366.49
Interest through 03/17/2012 $4,540.00
Escrow Advance $873.14
Suspense Balance ($255.67)
Late Charges $199.72
Total $116,723.68
plus interest on the principal sum ($111,366.49) at the daily per diem amount of $19.83, 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
$116,723.68, with interest thereon at the daily per diem amount of $19.83 plus additional late
charges, and costs (including additional escrow advances), additional attorneys' fees and costs and
for foreclosure and sale of the mortgaged premises.
Zucker, Goldberg & Ackerman, LLC
XFP-165001
Dated:
ZUCKER, G
BY:
LLC
Scott A. Di tt rick, Esqu-W- #55650
Kimberly . B nner, Esquire; PA I.D. #89705
Joel A. Ac er an, Esquire; PA I.D. #202729
Ashleigh Levy Marin, Esquire; PA I.D. 4306799
Ralph M. Salvia, Esquire; PA I.D. #202946
Jaime R. Ackerman, Esquire; PA I.D. #311032
Attorneys for Plaintiff
X F P-165001/rj
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-165001
EXHIBIT A
Zucker, Goldberg & Ackerman, LLC
XFP-165001
?xh ? ?t ?I?
Prepared By:
PNC MORTGAGE, LLC
2710 5TH AVENUE S„ MINNEAPOLIS,
MN 554080000
Return To:
WFHM FINAL DOCS X9999-01M
1000 BLUE.GENTIAN ROAD
HAGAN, MN 55121
Parcel Number:
Premises:
724 NORTH PITT STREET
CARLISLE
[Space Above Tbb IA= For Rew?uWg Data]
FHA Casc No.
Commonwealth of Pennsylvania MORTGAGE
THIS MORTGAGE ("Security Instrument") is given on AUGUST 29, 2008
The Mortgagor is DWIGHT B FRANKS, A MARRIED PERSON
("Borrower"). This Security Instrument is given to PNC MORTGAGE, LLC
PNC MORTGAGE, LLC
which is organized and existing under the laws of THE STATE OF DELAWARE , and
whose address is P.O. BOX 11701, NEWARK, NOT 071024701
("Lender"). Borrower owes Lender the principal sum of
ONE HUNDRED FIFTEEN THOUSAND THREE HUNDRED SEVENTY FOUR AND 00/100
).Mars (U.S. $ ********115, 374.00 ).
NMFL #06 AFM) Rev 4124/2006
FHA Penn*tvania 1HottIM • 496
CiARWA) toeos)
VMP Mortgage Solutiorm, Ins.
Page 1 of 9 16tials:
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
SEPTt3tMBR 01, 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 paragroph 7 to protect the security
of this Security Instrument; and (c) the perf mnance of Borrower's covenants and agreements tinder this
Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to
the Lender the following downUd property located in CMSER»
**SES ATTACHED
County, Pennsylvania:
which has the address of 724 NORTH PITT STREET
CARLISLE
i5treet]
(city], Pennsylvania 17013 (Zip code]
("Property Address");
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
easements, appurtenums and fixtures now or hereafter a pan of the property. All replacements and
additions shalt also be covered by this Security Instrument. All of the foregoing is referred to in this
Security Instrument as the "Property."
BORROWER COVENANTS that Borrower is lawfully 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 tide to the Property against all
claim and demands, sab*A to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for stational use and note-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 Prhtcipstl, Interest and Late Charge. Borrower shall pay when due the principal of,
and interest on, the debt evidenced by the Note and late charges due under the Note.
2. Monthly Patyognt` of Taxts, Inswance wid Odd Charges. Borrower shall inchide in each
monthly payment, together with the principal and interest as set forth in the Note and any late charges, a
sum for (a) taxes and special assessments levied or to be levied against the property, (b) leasehold
payments or ground rents on the Property, and (e) premiums for insurance required under paragraph 4. In
any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and
Urban Development ("Secretary"), or in any year 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
Idd"h:
-ARCPA)tosoat Pp" 2 or 9
annual mortgage insurance premium to be paid by Underto the Secretary, or (ii) a monthlycharge instead
of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reaso mble
amount to be determinedby the Secretary. Except for the monthly charge by the Secretary, these items are
called "Escrow Items" and the sums paid to Lender are called "Escrow' Funds."
Lender may, at any time, collect and hold amounts for Escrow Items is an aggregate amount not to
exceed the maximum amount.that may be required for Borrower's escrow account under the Real Estate
SettlementProceduresAetof1974, 12 U.S.C. Section 2601 erseg. and implementingregulations, 24 CFR
Part 3500, as they may be amended from time to time ("RESPA"), except that the cushion or reserve
permittedby RESPA for unanticipateddisbursementsot disbursementsbafore the Borrower's payments are
available in the account may not be based on amounts due for the mortgage insurance premium.
If the an ountsheld by L eaderfor Escrowltemsexceed the amounts permittedto be held by RESPA,
Lender ball account to Borrower for the excess funds as requiredby RESPA. If the amountsof funds held
by 'Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the
Borrower and require Borrower to make up the shortage as permitted by RESPA.
The Escrow Funds are pledged as additionalsecurity for all sums securedby this Security Instrument.
If Borrowartendersto Leaderthe full paymentof all such sums, Borrower's account shall becreditedwith
the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium
installment that Leuderhas not becomeebligated to pay to the Secretary, and Lendershall promptly refund
any excess funds to Borrower. Immediately prior to a foreclosures ale of the Propertyor its acquisition by
Lender, Borrower's account shall be credited with any balance remaining for am installments for items (a),
(b), and (c).
3. Application of Payments. All payments under paragraphsI and2 shall be applied by Leader as
follows:
Ei tM to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly
charge by the Secretary insteadof the monthly mortgage insurance premium
Sec to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and
other hazard insurance premiums, as required;
'third to interest due under the Note;
Fo to amortizationof the principalof the Note, and
EUkh, torte charges due under the Note,
4. Fkt, lmlood and Other Ha mrd Insurance Borrower shall insure all improvements 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
the amounts and for the periods that Lenderrequires. 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. The insurance
policies and amry renewals shalt be held by Lenderand shall include loss payable clauses in favor or, and in
a form acceptable to, Lender,
in the event of loss, Borrowershall give L.enderimmediatenotlee by mail. L,endermay 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 Leaderjointly.
All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the
reductionof the iodebtednessu nder the Note and this Security Instrument, first to any detinquentamounts
applied in the order in paragraph3, and then to prepsymentof principal, or (b) to the restorationor repair
of the damagedProperty. Any aspplicationof the proceedsto the principal shall not extend or postponethe
due date of the monthly payments which are referred to in paragraph 2, or change the amount of such
payments. Any excess insurance proceedsover an amount required to pay all outstanding indebtedness
under the Note and this Security instrument shall be paid to the entity legally entitled thhereto.
Imbah: ,,,
%-4MtPAl (ows) v.ae of
In the event of foreclosure of this Security Instrument or other trans&r of title to the Property that
extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force
shall pass to the purchaser.
5. Occupancy, Preservation, M*Wtenaace and Protection of the Property; Borrwmes Loan
Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal
residencewithin sixty days after the execution of this Security Instrument(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 after the date of occupancy, unless Landerdeterminesthat requirementwill
cause undue 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 Propertyor allow the Propertyto deteriorate,
reasonablewear and tearexcepted.Lendermay inspectthe Propertyif the_Propettyis 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'tnfD oration) in connectionwith the loan evidencedby the Note, including, but not limited to,
representationsconcerning Borrower's occupancy of the Propertyas a principal residence. If this Security
Instrumentis on a leasehold,;Borrowershall comply with the provisions of the lease, if Borrower acquires
fee title to the Property, the leaseholdand 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
connectionwith any condemnationor other taking of any part of the Property, or for conveyance in place
of condemnation, are hereby assigned and shall be paid to Lenderto the extent of the full amount of the
indebtedness that remains unpaid tinder the Note and this Security Instrument. Lender shat! apply such
proceeds to the reductiouof the indebteduessunder the Note and this Security instrument, first to any
delinquentamountsappliedinthe'orderprovidedinparagraph3, and thento prepaymentof principal. Any
application of the proceeds 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
proceeds over an amount required to pay all outstanding indebtednessunder the 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. Borrowershall pay all
governmental or municipal charges, fines and impositions that are not included in paragraph2. 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 snake these payments or the 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 (such as a proceeding in
bankruptcy, for condemnationor to enforce laws or regulations), then Lesdermaydo and pay whatever is
necessary to protect the vahm of the Property and Lender's rights in the Property, including payment of
taxes, hazard insurance and other items mentioned in paragraph 2.
Any amounts disbursed by L.enderunderthis paragraphshall become an additional debt of Borrower
and be secured by this Security Instrument. These amounts shall bear interest from the 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 the payment of the obligation securedby the lien in a manneracceptable
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 enforcementof the lien; or (c) secures
IriaaFS: ?!
A-4RIPAl iososi wW 4 of 0
from the holder of° the lien an agreement satisfactory to Lender subordinating the lien to this Security
Instrument. If Leaderdeterminesthatauy part of the Properryis subject to a lien which may attain priority
over this Security Instrument, Leader may give Borrower a notice identifying the lien. Borrower shall
satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice.
& Fees. Lender may collect fees and cbarges authorizedby the Secretary.
9. Grounds for Acceleration of Debt.
(a) DeWL Leader my, e*ept 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 defaultsby failing to pay in full any monthly payment requiredby 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) Salt Without Credit Approval. Lender shall, if 'permitted by applicable law (including
Section 341(d) of the Garn-St. Germain Depository Institutions Act of 1982, 12 U.S.C.
1701j-3(d))' and with the prior approvalof 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 purchaseror grantee as his or her principal residence,
or the purchaseror grantee 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 circumstancesoccur that would permit Lenderto require immedintepsymeut in
full, but Lender does not require such payments, Leaderdoes not vvai%e its rights with respectto
subsequent events.
(d) Regulations of ITUD Seeretisiy..In many circumstances regulations issued by the Secretary
will limit Lender's tights, in the case of payment defaults, to require immediate payment in fill
and f mchose if not paid. This Security Instrument does not authorize accelerationor foreclosure
if not permitted by regulations of the Secretary.
(e) Mortgagee Not,htsured Borroweragreesthat if this Security Instrumentand the Note are not
determinedto be eligible for insuranceunderthe National Housing Act within 60 days from the
date hereof. Lender may, at its option, require immediate payment in full of all sums secured by
this Security Instrument. A' written statement of any authorized agent of the Secretary dated
subsequent to 60 days from the date hereof, declining to insure this Security Instrument and the
Note, shall be deerncdconclusive proof of such ineligibility. Notwithstanding the foregoing, this
option may not be exercised by Under when the unavailability of insurance is solely due to
Lender's 6ulure to remit a mortgage insurance premium to the Secretary.
it ReinsmtenwaL Borrowerhas a right to bexeinstatedif Lenderhas required immediate payment
in full becauseof Borrower's failure to pay an amount due under the Note or this Security lnstrument.This
right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument,
Borrower shall tender in a hrmp sum all amounts required to bring Borrower's accountcurrentincluding,
to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and
reasonableand customary attorneys' fees and expenses properly associatedwith the foreclosure proceeding.
Upon reinstatementby Borrower, this Security Instrument and the obligations that it secures shall remain
in effect as if Lender had not required immediate payment in full. However, Leader is not required to
permit reinstatement if (i) Lender has accepted reinstatement after the commencement of foreclosure
proceedings within two years immediately preceding the commencement of a current foreclosure
kima:
40-MPAI moei Page 6 of 9
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 Leader Not a Waiver. Extension of the time of
payment or modification ofamortizationof the sums securedby this Security Instrumeotgrantedby Lender
to any successor in interestof Borrower shall not operateto release theIiability of the original Borroweror
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 amortiutionof the sums
securedby this Security Insuume tby reasonof any demandmade by the original Borroweror Borrower's
successors in interest. Any forbearanceby Lender in exercising any right or remedy shall not be a waiver
of or preclude the exercise of any right or remedy.
It Successors and Asks Bound; Joust and Several Uability; Co-Signers. The covenants and
agreementsof this Security Instrument shall bind and benefit the successors and assigns of Lender and
Borrower,subjecttothe provisions of paragraphQ(b).Borrower's covenants and agreementssballbejoint
and several. Any Borrower who co-signs. this Security Instrument but does not execute the Note: (a) is
co-sigating thin 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 make any accommodations-with regard to the terms of this Security Instrument
or the Note without that Borrower's consent.
11 Notices, Any notice to Borrower provided for is this Security Instrument Shall be given by
delivering it or by mailing it by first class mail unless applicable law requires use of anothermethod. 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 fast class mail to Lender's address stated herein or any
addressUnderdesignatesby notice to Borrower. Any notice provided for in this Security Instrumentshall
be deemed to have been given to Borrower or Lender when given as provided in this paragraph.
14. Goverving Iatw; Severability. This Security Instrument shall be governed by Federal law and
the law of tht jurisdiction in which the Property is located. In the event that any provision or clause of this
Security lnstrumentor the Note, conflicts with applicablelaw, such conflict shag not afft ctother provisions
of this Security Instrumentor the Note which can be given effect without the conflicting provision. To this
end the provisions of this Security Instrument and the Note are declared to be severable.
15. Borrower's Can. Borrowershail' be given one conformed copy of the Note and of this Security
Instrument.
I& Hazardous Substsum. Borrovmr shall not cause or permit the presence, use, disposal, storage,
or release of any HazardousSubstances on or in the Property. Borrower shall not do, nor allow anyone
else to do, anything affecting the Property that is in violation of any Environmental IAw. The preceding
two sentences shall not apply to the presence, use, or storage on the Property of small quantities of
Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to
maintenance of the Property.
Borrower shall promptly give Underwritten notice of any investigation, claim, demand, lawsuit or
other action by any governmental or regulatory agency or private party involving the Property and any
HazardousSubstanceor EnvironmentalLaw of which Borrowerhas actual knowledge. If Borrower learns,
or is notified. by any governmental or regulatory authority, that any removal or other remediationof any
Hazardous Substances afkaing the Property is necessary, Borrower shall promptly take all necessary
remedial actions in accordance with. Environmental Law.
As used in this paragraph 16, 'Hazardous Substances" are those substances defined as toxic or
hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other
flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solwats, materials
containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 16,
WOOS:
Gi ARMA)105081 P.Q. a of 9
"Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that
relate to health, safety or emrironmental protection.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows;
17. Assignmeutt of Rents. Borrower unconditionally assigns andtransfersto Lenderall the rents and
revenuesof the Property. Borrower authorizes Lenderor Lender's agents to collect the rents and revenues
and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However,
prior to Leader'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 Leader 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 and receive all of the rents of the Property; and (c) each
tenantof the Property shall pay all rents due and unpaid to Lenderor Lender's agent on Lender's written
demand to the tenant.
Borrowerhas not executedany prior assigmucatof the rentsand has not and will not performany 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, L euderor a judicially appointedreceiver may do so at auy
time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other
right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured
by the Security Instrument is paid in full.
I& Foreclosure Procedure. If Lender requires immedWe payment , In full under paragraph 9,
Leadetr way foreclose this Security Instrument by judicial proceeding, header shall be entitled to
collect all egwnses incurred in pursuing the remedies provided in this paragraph 18, including, but
not limited to, attorneys' tees and costs of title evidence.
If the Lender's interest in this Secarity Instrument is held by the Secretary and the Secretary
rapires imumdiatc paynsent in (kill untlerr Paragraph 9, the Secretary way davoke the sonjtudicial
power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act's (12 U S.G
3751 et seq.) by requesting a Amw1osare comimisdoew deshpated under the Act to commence
foreclosure and to self the Proput as provided In the Act. Nothing in the prebeding sentence shall
deprive the Secretary of any riots otherwise available to a Lender under this Paragraph 18 or
applicsbie law.
19. Release; Upon payment of all sums secured by this Security Instrument, this Security Instrument
and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge
and satisfy this Security Instrument without charge to Borrower. Borrowershafl pay any recordationcosts.
3A. Waivers. Borrower,, to the extent permittedby applicable law, waives and releasesany error or
defects in proceedingsto enforce this Security Instrument, and hereby waives the benefit of am precentor
future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale,
and homestead exemption-
21. Reinstatement Period. Borrower's time to reinstate provided in paragraph 10 shall extend to one
hour prior to the commencementof bidding at a sheriffs sale or other sale pursuant to this Security
Instrument.
22. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to
Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage.
23. Iaterest 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.
%-4R(PA) moss Pape 7 of 9
I
24. Biters to this Security Inshurnent. If one or more riders are executed by Borrower stud
recorded together with this Security Instrument, the covenants of each such rider shad be incorporated into
attfl shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s)
a pant of this Security Instrument. [ It applicable box(es)l.
CondotnW um Rider Growing; Equity Rider Other [specify)
0 Planned Unit Development Rider D Graduated Payment Rider
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.
W(`
f?c.1idG
(Seal)
0 i?jl D9IGHT FRANKS -Borrower
(mil)
-Borrower
- (Seal)
-Borrower
(Seal)
-Borrower
-(Sc?l)
-Borrower
at-4RIPA) tososi
(Seal)
-Borrmwr
(Seal)
-Borrower
(Seal)
-Borrower
Pp& a of 9
!1
COMMONWEALTH OF PENNSYLVANIA, County ss
On this, 29TH day of AUGUST 2008 , before me, the undersigned officer,
personally appeared DWIGHT s FRANKS
known to me (or satisfactorily proven) to be the
person(s) whose name istare subscribed to the within instrument and acknowledged that he/she/they
executed the same for the purposes herein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal,.
My Commission Expires:
COMMONWEALTH PE14 OYLVANIA
NO-•Oai Seat
o 00M.C=oe"IdCcunty Titleofofficer
r+'y uo nm-smon E- pOi?w Nov. 13.2011
Member. Pennsyivertia Association of Notaries
, -_
Cut fleate {of
Raidmw
I, '??kJY 4? > do hereby certify that the correct address of
the within-named Lender is P .O. SO 1701, NNNARK, NJ 071014701
Witness my hand this 29TH day of AUGUST 2008
y
gent of tender
anes.:DzK
at-4M PA) iosom
Prp* 9 of 9
ALL Those two certain tots of ground in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded
and described as follows:
LOT NO. 1 on the East by North Pitt Street; on the South by an alley; on the West by an alley; and on the North
by Lot No. 2 hereinafter described, containing 25 feet in front on said North Pitt Street, and extending at an even
width 172 1/2 feet to said alley, on the West.
LOT NO, 2 on the East by North Pitt Street; on the South by Lot No.1 described; on the West by an alley and on
the North by the lot now or formerly of William Bentz, containing 25 feet In front on said North Pitt Street, and
extending at an even width 179 feet in depth to said alley on the West:
BEING Lots Nos. 27 and' 28 in Block 19. Having thereon erected a dwelling commonly known as 724 North Pitt
Street.
(FRANKS.PFDIFRANKWI )
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 22M30119
Recorded On 9/4/2008 At 1:24:53 PM
* Instrument Type - MORTGAGE
Invoice Number - 28358 User ID - AF
"Mortgagor - FRANKS, DWIGHT B
* Mortgagee - PNC MORTGAGE LLC
Customer PUNY
* FEES
STATE WRIT TAX $0.50
STATE JCS/ACCESS TO $10.00
JUSTICE
RECORDING FEES - $23.50
RECORDER OF DEEDS
AFFORDABLE HOUSING $11.50
COUNTY ARCHIVES ME $2.00
ROD ARCHIVES FEE $3.00
TOTAL PAID $50.50
*Total Pages - I I
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 as asterisk may change during
the verification process and may not be reflected on this page.
mini
B
1111111110
w l 1 •
VERIFICATION
Linda Duncan, hereby states that he (D is Vice President Loan Documentation of
WELLS FARGO BANK, N.A., plaintiff or mortgage servicing agent for plaintiff in this
matter, that he 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 his er 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: Franks
File 4: 165001
Name: Linda Duncan
Title: Vice President Loan Documentation
032-PA-V3
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Wells Fargo Bank, N.A.
vs.
Dwight B. Franks
Case Number
2012-2050
SHERIFF'S RETURN OF SERVICE
04/03/2012 07:08 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on April 3,
2012 at 1908 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Dwight B. Franks, by making known unto himself personally, at 724 N. Pitt
Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to
him personally the said true and correct copy of the same.
SHA TSH DEPUTY
SHERIFF COST: $34.00
April 10, 2012
SO ANSWERS,
6Z
RON R ANDERSON, SHERIFF
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANA
c C=
w
rn., c
Wells Fargo Bank, N.A., CIVIL DIVISION S
r' r
--
cn
Plaintiff No.: 2012-2050 CIVIL <p -ts
7P' c-)
VS. ISSUE NUMBER: DG
Z
-< ?-
TYPE OF PLEADING:
Dwight B. Franks; -
Defendant(s).
Mortgaged Premises:
724 North Pitt Street, Carlisle, PA 17013-1951
PRAECIPE FOR ENTRY OF JUDGMENT BY D
(MORTGAGE FORECLOSURE)
FILED ON BEHALF OF:
Wells Fargo Bank, N.A.
Plaintiff
COUNSEL OF RECORD FOR THIS PARTY:
ZUCKER, GOLDBERG & ACKERMAN, LLC
Scott A. Dietterick, Esquire- Pa I.D.# 55650
Kimberly A. Bonner, Esquire- Pa I.D. #89705
Joel A. Ackerman, Esquire- Pa I.D. #202729
Ashleigh L. Marin, Esquire-Pa I.D. #306799
Ralph M. Salvia, Esquire- Pa I.D. #202946
Jaime R. Ackerman, Esquire- Pa I.D. #311032
200 Sheffield Street, Suite 101
Mountainside, NJ 07092
(908) 233-8500
Atty File No.: XFP-165001
OL I ( -5c
(29 a -7-7
Praecipe for Entry of Judgme
Zucker, Goldberg & Ackerman, LI
No hC'j XFP- 5
--i
M
-v
rn
d?
--{o
yC:>-n
o c'z
--im
3P
ULT
i
?s?
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Wells Fargo Bank, N.A. CIVIL DIVISION
Plaintiff, NO.: 2012-2050 CIVIL
VS.
Dwight B. Franks;
Defendant(s).
PRAECIPE 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 06/21/2012
Late Charges
TOTAL
$116,723.68
$1,883.85
$87.51
$118,695.04
plus interest on the judgment amount ($118,695.04) from June 22, 2012, at the statutory rate and for
foreclosure and sale of the mortgaged premises.
I hereby certify that the defendant's last known 724 North Pitt Street
address is: Carlisle, PA 17013-1951
ZUCKER, G N, LLC
Dated: BY:
F Jo 40. Ackerman, Esquire; PA I.D. #202729
1 .Ashleigh L. Marin, Esquire; PA I.D. #306799
Jaime R. Ackerman, Esquire; PA I.D. #311032
Attorneys for Plaintiff
XFP-165001
200 Sheffield Street, Suite 101
Mountainside, NJ 07092
(908) 233-8500; (908) 233-1390 FAX
Email: Office@zuckerRoldberg.com
DAMAGES ARE HEREBY ASSESSED AS INDICATED
Date .?t, .r' i..,
Pr - otary
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Wells Fargo Bank, N.A. CIVIL DIVISION
Plaintiff, NO.: 2012-2050 CIVIL
VS.
Dwight B. Franks;
Defendant(s).
AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF
NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT
STATE OF NEW JERSEY
SS:
COUNTY OF UNION
I, the undersigned attorney for the plaintiff in the above action, being duly sworn according t
law, do hereby depose and say that the statements made herein are true in and correct to the best c
my knowledge, information, and that:
1) The Defendant is not in the military service of the United States of America to the be
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.I
237.1 and that the time limits provided for that notice have expired.
ZUCKER, GOLBERG
Dated: BY:
F-] Joel A. Acker n, Esquire; PA I.D. #202729
? Ashleigh L. Marin, Esquire; PA I.D. #306799
Jaime R. Ackerman, Esquire; PA I.D. #311032
Attorneys for Plaintiff
XFP-165001
200 Sheffield Street, Suite 101
Mountainside, NJ 07092
(908) 233-8500; (908) 233-1390 FAX
Email: Office@zuckergoldberg.com
Sworn to and subscribed before me This ?_-?-day of T V N ?- , 2011z"
'P 0 C . k'
?
Nota Public
My Commission Expires:
PAUL C. NADRATOWb'\'
Notary PDublIC Ot New Jersey
I 2407850
My Commission Expires 4/27/2016
Zucker, Goldberg & Ackerman, L?C
XFP-1650 1
Department of Defense Manpower Data Center
ID Status Report
Pursuant to Servicemembam Civil Relief Act
Last Name: FRANKS First Name: DWIGHT B
Active Duty Status As Of: Jun-21-2012
Results as of : Jun-21-2012108:39:23
SO RA 2.2.1
Active Duty Start Date Active Duty End Data Status Service component
On Active Duty On Active Duty Status Date
NA NA No NA
This response reflects the Individuals' active duty status based on the Active Duty Status Date
Leif Active Duty Within 367 Days of Active Duty Status Die
Active Duty . Start Data Active Duty End Date Status service Comppnent
NA NA No NA
This response reflects where the Individual left active duty status within 367 days preceding the Active Duty Status Date
The tNsmber or I-a/Her Unit Was Notified of a FuAUe Ca$4jp to Aotive Duty on Active Duty Stature Date
Order Nodita9on Start Date Order Notification End Date status Service Component
NA 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 s tus 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.
ObIA. LAAIJ_._A?*r?
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 at seq, as amended) (SCRA) (formerly know 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 fa ily
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 t the
protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the
"defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty sta s
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(1).
This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left
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 a
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 i the
unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Re erve
Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U. .
Public Health Service or the National Oceanic and Atmospheric Administration (NOAA 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 n t 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 pe ds.
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 se ice.
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 SCR)
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
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: N56G7A9QFO
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Wells Fargo Bank, N.A. CIVIL DIVISION
Plaintiff, NO.: 2012-2050 CIVIL
VS.
Dwight B. Franks;
Defendant(s).
NOTICE OF ORDER, DECREE OR JUDGMENT
TO: Dwight B. Franks
724 North Pitt Street
Carlisle, PA 17013-1951
[ ] Plaintiff
[V] Defendant
[ ] Additional Defendant
You are hereby notified that an Or er, Decree or Judgment was entered in the above captioned
proceeding on DTI I 1 19-
[ ] A copy of the Order or Decree is enclosed,
or
[V] The judgment is as follows: $118,695.04 plus co
Prothonotary
Zucker, Goldberg & Ackerman, LI?C
XR-16J1
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
1(,S(jol
of
.C19a?a?' ?ambrry??r0
''+Y
A
OFFICE OF THE SHERIFF
Wells Fargo Bank, N.A.
Case Number
vs' 2012-2050
Dwight B. Franks
SHERIFF'S RETURN OF SERVICE
04/03/2012 07:08 PM - Shawn Gutshali, Deputy Sheriff, who being duly sworn according to law, states that on April 3,
2012 at 1908 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Dwight B. Franks, by making known unto himself personally, at 724 N. Pitt
Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to
him personally the said true and correct copy of the same. ; .
SHERIFF COST: $34.00
April 10, 2012
SO ANSWERS,
R ANDERSON, SHERIFF
(C) CaettySu to ShenR. Telemft, Inc.
7
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Wells Fargo Bank, N.A.
Plaintiff,
CIVIL DIVISION
vs.
Dwight B. Franks
Defendant.
NO.: 2012-2050 CIVIL
IMPORTANT NOTICE
TO: Dwight B. Franks
724 North Pitt Street
Carlisle, PA 17013-1951
DATE OF NOTICE: 6/5/2012
You are in default because you have failed to enter a written appearance personally or by attorney
and file in writing with the court your defenses or objections to the claims set forth again you. Unless
you act within Ten (10) days from the date of this notice, a judgment may be entered against you
without a hearing and you may lose your property or other important rights. You should take this
notice to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone
the following office to find out where you can get legal Help.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
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
1 ,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Wells Fargo Bank, N.A.
vs.
Dwight B. Franks
Plaintiff,
Defendant.
TO: Dwight B. Franks
724 North Pitt Street
Carlisle, PA 17013-1951
CIVIL DIVISION
NO.: 2012-2050 CIVIL
FECHA DEL AVISO:6/5/2012
LMM FSTA INRMEI%A PC RQM HA FALLADO M TL]4R LA ACaa,<
IN ERIE CASO A NVF1NM QLE LMM MAE AMCN EENUM EE
LUIS PRCMVIDS L? (10) IIA.S DE LA FBa- A DEFSIEAVLSO, SE PCFT;E EXCTAR
LINFALL0EN CCNI A SUYA SNUF-VAR.S'EA C,ABDUNA \ I YLMM P(
PE1E2 SU PRCPMMD Y CURCXS -D5 IlVPCW'A ZM L MM
DF?
I I EVAR ME DOCx1VII 4M IlMIUTA1Vff NM A SU ABA S[ LMM NC
-IIE IE LN ABOG4M O NO PLETE PACAAR LNQ VAYA O LIAIVE LA ORCIN4
ARAJO IINCgC4E A PARR QX-E LE PAKIUVEN DC,INCE PU3M CCNSEQUR AY LE A
IF?C?4I_
NOIICET0DE1WM & ANVVM + 114141-SER%ICE
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
ZUCICEP., GOLDBERG & AC AN
BY A. Dieftidk
Scott A Dietterick F,squire
Attemeys far P1 airmff
PA ID_ # 55650
200 Sheffield'*reet, Suite 301
P_ O. Banc 1024
Mourrtaitmde, M 07092-0024
(717) 533-3560
FIRST CIAS.S U. & MAM, POSTAGE PREPAID
165001
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
-k �
Ronny R Anderson C7 F'1111"')-'3 F i:'j
L'l DIL'
Sheriff at HCNO'TA
Jody S Smith 23 An 10:
Chief Deputy JUL
Richard W Stewart CUME3ERLAND COUNTY
Solicitor OFFICE OFTHESKERIFF PENNSYLVANIA
Wells Fargo Bank, N.A. Case Number
vs,
Dwight B. Franks 2012-2050
SHERIFF'S RETURN OF SERVICE
01/03/2013 10:16 AM -Deputy Valerie Weary, 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 724 North Pitt Street, Carlisle, PA 17013, Cumberland
County.
01/08/2013 05:39 PM-Deputy Noah Cline, 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:
Dwight B. Franks at 724 N. Pitt Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County.
02/06/2013 As directed by Jaime R Ackerman,Attorney for the Plaintiff, Sheriffs Sale Continued to 5/11/2013
05/01/2013 Ronny R.Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had
been given according to law, he exposed the within described premises at public venue or outcry at the
Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberland County, PA on May 1, 2013
at 10:00 a.m.. He sold the same for the sum of$1.00 to Attorney Jaime Ackerman, on behalf of Wells
Fargo Bank, NA, being the buyer in this execution, paid to the Sheriff the sum of
SHERIFF COST: $1,124.87 SO ANSWERS,
July 02, 2013 RONW R ANDERSON, SHERIFF
-00"�- 404 -
(c)County$uite Sheriff,TrIecsoft,Inc-
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Wells Fargo Bank,N.A., CIVIL DIVISION
Plaintiff, NO.: 2012-2050 CIVIL
VS.
Execution No.:
Dwight B. Franks;
Defendant(s).
AFFIDAVIT PURSUANT TO RULE 3129.1
Wells Fargo Bank,N.A., Plaintiff in the above action, sets forth as of the date the
Praecipe for Writ of Execution was filed the following information concerning the real property
located at 724 North Pitt Street,Carlisle, PA 17013-1951.
1. Name and Address of Owner(s)or Reputed Owner(s):
DWIGHT B. FRANKS, MARRIED MAN
724 North Pitt Street
Carlisle, PA 17013-1951
2. Name and Address of Defendant(s) in the Judgment:
DWIGHT B. FRANKS
724 North Pitt Street
Carlisle, PA 17013-1951
3. Name and Address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
WELLS FARGO BANK,N.A.
Plaintiff
4. Name and Address of the last record holder of every mortgage of record:
WELLS FARGO BANK,N.A.
Plaintiff
PNC MORTGAGE, LLC.
P.O. Box 11701
Newark,NJ 07101-4701
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
724 North Pitt Street
Carlisle, PA 17013-1951
UNKNOWN SPOUSE
724 North Pitt Street
Carlisle, PA 17013-1951
PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION
Dept. 280601
Harrisburg, PA 17128-0601
Zucker--(joldbere&Ackernuu).LLC
XFP-165001
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 unswom falsification to authorities.
ZUCKER GOL/DBER ACKERM N, LLC
Dated: BY:
Scott A. Die rick, Esquire; PA I.D. #55650
Kimberly A. Bonner, Esquire; PAID. #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-165001
(908) 233-8500; (908)233-1390 FAX
E-mail: Office@zuckergoldberg.com
Tucker.Goldberg S,Ack-ennan,LIX
XF11-165001
Exhibit"X'
LEGAL DESCRIPTION
ALL THOSE MO CERTAIN LOTS OF GROUND WITH THE IMPROVEMENTS THEREON
ERECTED SITUATE IN THE FIFTH WARD OF THE BOROUGH OF CARLISLE, CUMBERLAND
COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS,TO WIT:
LOT NO.I ON THE EAST BY NORTH PITT STREET; ON THE SOUTH BY AN ALLEY; ON THE
WEST BY AN ALLEY;AND ON THE NORTH BY LOT NO.2 HEREINAFTER DESCRIBED,
CONTAINING 25 FEET IN FRONT ON SAID NORTH PITT STREET, AND EXTENDING AT AN
EVEN WIDTH 172V2, FEET TO SAID ALLEY ON THE WEST.
LOT NO.2 ON THE EAST BY NORTH PITT STREET; ON THE SOUTH BY LOT NO. I
DESCRIBED; ON THE WEST BY AN ALLEY AND ON THE NORTH BY THE LOT NOW OR
FORMERLY OF WILLIAM BENTZ CONTAINING 25 FEET IN FRONT ON SAID NORTH PITT
STREET, AND EXTENDING AT AN EVEN WIDTH 179 FEET IN DEPTH TO SAID ALLEY ON
THE WEST.
BEING LOTS NOS.27 AND 28 IN BLOCK 19,ACCORDING TO THE PLAN OF LOTS OF THE
CARLISLE LAND AND IMPROVEMENT COMPANY.
HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED
AS 724 NORTH PITT STREET, CARLISLE, PA, 17013-1951.
BEING THE SAME PREMISES WHICH LAURA A. PORTALE AND STEVE D.
PORTALE, WIFE AND HUSBAND, BY DEED DATED AUGUST 29, 2008 AND RECORDED
SEPTEMBER 4,2008 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK
VOLUME 200830118, PAGE, GRANTED AND CONVEYED UNTO DWIGHT B. FRANKS,
MARRIED MAN,
TAX MAP NO.: 06-19-1643-299.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Wells Fargo Bank,N.A. CIVIL DIVISION
Plaintiff,
NO.: 2012-2050 CIVIL
VS.
Dwight B. Franks;
Defendant.
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
Dwight B. Franks
724 North Pitt Street
Carlisle, PA 17013-1951
TAKE NOTICE:
That the Sheriffs Sale of Real Property (Real Estate) will be held at the
Cumberland County Courthouse, I Courthouse Square, Carlisle, PA 17013 on 3/6/2013
at 10:00arn 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:
724 North Pitt Street, Carlisle,PA, 17013-1951
The JUDGMENT under or pursuant to which your property is being sold is
docketed to:
No. 2012-2050 CIVIL
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS
PROPERTY ARE:
Dwight B. Franks
Zucker,Goldberg&Ackerman,LLC
XFP-165001
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 Sheriffs Sale, you may file a petition with the Court of
Common Pleas of Cumberland County to set aside the sale for a grossly inadequate
price or for other proper cause. This petition must be filed before the Sheriffs Deed
is delivered.
Zucker,Goldberg&Ackerman,CSC
XFP-165001
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 GOLDBEgk* ACKERMAN, LLC
Dated: BY:
Scott—A. D41terick, 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-165001
(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-165001
Exhibit"A"
LEGAL DESCRIPTION
ALL THOSE MO CERTAIN LOTS OF GROUND WITH THE IMPROVEMENTS THEREON
ERECTED SITUATE IN THE FIFTH WARD OF THE BOROUGH OF CARLISLE, CUMBERLAND
COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT:
LOT NO.1 ON THE EAST BY NORTH PITT STREET; ON THE SOUTH BY AN ALLEY; ON THE
WEST BY AN ALLEY; AND ON THE NORTH BY LOT NO.2 HEREINAFTER DESCRIBED,
CONTAINING 25 FEET IN FRONT ON SAID NORTH PITT STREET, AND EXTENDING AT AN
EVEN WIDTH 172%,, FEET TO SAID ALLEY ON THE WEST.
LOT NO.2 ON THE EAST BY NORTH PITT STREET; ON THE SOUTH BY LOT NO. 1
DESCRIBED; ON THE WEST BY AN ALLEY AND ON THE NORTH BY THE LOT NOW OR
FORMERLY OF WILLIAM BENTZ CONTAINING 25 FEET IN FRONT ON SAID NORTH PITT
STREET, AND EXTENDING AT AN EVEN WIDTH 179 FEET IN DEPTH TO SAID ALLEY ON
THE WEST.
BEING LOTS NOS. 27 AND 28 IN BLOCK 19, ACCORDING TO THE PLAN OF LOTS OF THE
CARLISLE LAND AND IMPROVEMENT COMPANY.
HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED
AS 724 NORTH PITT STREET, CARLISLE, PA, 17013-1951.
BEING THE SAME PREMISES WHICH LAURA A. PORTALE AND STEVE D.
PORTALE, WIFE AND HUSBAND, BY DEED DATED AUGUST 29, 2008 AND RECORDED
SEPTEMBER 4, 2008 IN AND FOR CUMBERLAND COUNTY; PENNSYLVANIA, IN DEED BOOK
VOLUME 200830118, PAGE , GRANTED AND CONVEYED UNTO DWIGHT B. FRANKS,
MARRIED MAN.
TAX MAP NO.: 06-19-1643-299.
WRIT OF EXECUTION and/or ATTACHMENT
'COMMONWEALTH OF PENNSYLVANIA) NO, 12-2050 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 DWIGHT B.FRANKS
(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: $118,695.04 L.L.:$.50
Interest 6/22/2012 TO DATE OF SALE$5,011.13
Atty's Comm: Due Prothy:$2.25
Atty Paid: $185.25 Other Costs:
Plaintiff Paid:
Date: 11/20/12 --
David Z
Buell,Prothonot
(Seal) By- �f
Deputy
REQUESTING PARTY:
Name:JAIME R.ACKERMAN,ESQUIRE
Address: ZUCKER,GOLDBERG &ACKERMAN,LLC
200 SHEFFIELD STREET,SUITE 101
MOUNTAINSIDE,PA 07092
Attorney for: PLAINTIFF
-CORD
Telephone: 908-233-8500 T"PU- E cop'le FROT-JI RE-set my hand
.�of t�bere unto Supreme Court ID No.311032 illTestimonY\.,,'he, ! I- te, -9—
Pa.
sea,of said Co Car 1�
S
urt at
and the A
This -20 day Of onota
On December 13, 2012 the Sheriff levied upon the
defendant's interest in the real property situated in
Carlisle Borough, Cumberland County, PA,
Known and numbered as, 724 North Pitt Street,
Carlisle, more fully described on Exhibit
"A" filed with this writ and by this reference
incorporated herein.
Date: December 13, 2012
By:
C�L �f
Real Estate Coordinator
CUMBERLAND LAW JOURNAL
Writ No. 2012-2050 Civil
Wells Fargo Bank,N.A.
vs.
Dwight B. Franks
Atty.:Jaime R.Ackerman
ALL THOSE CERTAIN lots of
ground with the improvements there-
on erected situate in the Fifth Ward of
the Borough of Carlisle,Cumberland
County,Pennsylvania,bounded and
described as follows,to wit:
LOT NO.1 on the east by North Pitt
Street; on the south by an alley; on
the west by an alley;and on the north
by Lot No.2 hereinafter described,
containing 25 feet in front on said
North Pitt Street, and extending at
an even width 172 1/2,feet to said
alley on the West.
LOT NO.2 on the east by North
Pitt Street; on the south by Lot No.l
described; on the west by an alley
and on the north by the lot now or
formerly of William Bentz contain-
ing 25 feet in front on said North
Pitt Street,and extending at an even
width 179 feet in depth to said alley
on the west.
BEING Lots Nos. 27 and 28 in
Block 19, according to the Plan of
Lots of the Carlisle Land and Im-
provement Company.
HAVING THEREON ERECTED
a dwelling house being known and
numbered as 724 North Pitt Street,
Carlisle,PA 17013-1951.
BEING THE SAME PREMISES
which Laura A. Portale and Steve D.
Portale, wife and husband, by Deed
dated August 29,2008 and recorded '
September 4, 2008 in and for Cum-
berland County, Pennsylvania, in
Deed Book Volume 200830 118,
Page, granted and conveyed unto
Dwight B. Franks,married man.
Tax Map No.: 06-19-1643-299.
48
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.
L s—amarie Coyne, Etitor
SWORN TO AND SUBSCRIBED before me this
day of February, 2013
-2
C' Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BOROUGH,CUMBERLAND COUNTY
My Commission Expires Apr 28,2014 1
^- The Co. .
20201echn6 Pkwy
Suite 300
f ~ � atnotwXews
- U����� ����K0 �����&�
Mechanicsburg, PA 17050 o�,� .. � ~~.� r*. ..= ..
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 ofDauphin) so
Marianne Miller, being duly sworn according hmlaw, deposes and says:
That she is a Staff Accountant ofThe Patriot Navm/ Co.. o corporation organized and existing under the laws ofthe
Commonwealth of Pennsylvania, with its principal office and place of business ot2O2OTeohno|oQyPk»vv. 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 ofgeneral oirou|adon, printed and published at 1900 Patriot [}hve, in the City. County and @tobo
aforesaid; that The Patriot-News and The Sunday Patriot-News were established K8anoh 4th. 1854. and September 18th. 1948.
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 ofpublication 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.
\ PUBLICATION '-' '
This ad ran on the dmte(m)shomn below:
oa- Aqvvqnq f opon
put, u/ "oll~ 01/22113
aO m«m, v�!qmms!u)iva— nnON
�m 01/2$/13
^ gsm�woY' 02/0SV13
` JWel2012-T2
vaparmmum�m��'1 *m y »'
4 Dwight� Franks
8 ��� -Ackermmm 'u~^- . .\/ . ��. ^' .~��=--- . . . . . .
~
JALL THOSE CERTAIN LOTS '
OF nmoowo WITH noa i d ofF b 2U13 A.[).
mmn�n�umawxn THEREON
-''-'' -- -
ERECTED SITUATE IN THE FIFTH
� w»Ro Or THE*BOROUGH OF
« {AmoouE,CUMBERLAND COUNTY,
pawmoYumuea auOmoE/ AND ~ ' ryPublic [7
DESCRIBED AS FOLLOWS,TO WIT:
LOT No,0n THE EAST nxNORTH
PITT STREET� ON THE SOUTH BY
' Aw ALLEY; oN THE v^m/ By AN
|
ALLEY;AND ON THE ux'uo,u, '-
NO.2 HEREINAFTER DESCRIBED, Notarial Seal
CONTAINING 25 FEET IN FRONT Holly Lynn Warfel,NotarV Public
[ OmSAID NORTH AND Washington Twp.,Dauphin County
EXTENDING AT AN EvEN WIDTH ssion Expires Dec.12,2016
+ 172 If2,FEET To owo-nfftr um moMBEuPENwsn,mmm^SSo"°."'""'~°'^~~
"
THE WEST LOT mo.2mn THE EAST
«
BY NORTH ON THE
�� ���� `
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ISS:
1, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff's Deed in which Wells Fargo Bank N A is the grantee the same having been sold to said
grantee on the 1 st day of May A.D., 2013, under and by virtue of a writ Execution issued on the 20th
day of November, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2012
Number 2050, at the suit of Wells Fargo Bank N A against Dwight B Franks is duly recorded as
Instrument Number 2013 2417 1.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this _4 day of
A.D.
Recorder of Deeds
Recorder of ,Cumberland County,Carlisle,PA
My Commission Fxores the First Monday of Jan.2014