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HomeMy WebLinkAbout12-2491IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVA WELLS FARGO BANK, N.A., CIVIL DIVISION ,IT Plaintiff, NO.: VS.' TYPE OF PLEADING r Kristin L. Sayers; 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 DEFAULTJUDGMENT MAY BE ENTERED AGAINST YOU. FILED ON BEHALF OF: Wells Fargo Bank, N.A. COUNSEL OF RECORD FOR THIS PARTY: I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 3476 Stateview Blvd.. MAC # X7801-013, Ft. Mill, SC_ 29715 AND THE DEFENDANT: 226 Peach Glen Road Gardners, PA 17324-4906 CERTIFICATE OF LOCATION ,JACATION OF I HEREBY CERTIFY THAT THE THE REAL ESTATE AFFECT BY THIS LIEN IS ATTORNEY R`PLAINTIFF ATTY FI NO.: XFP 160584 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 CEDzuckergoldbere.com File No.: XFP-160584/rj tAL 8?1 a?u I,yIz Zucker, Goldberg & Ackerman, LLC XFP-160584 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, VS. NO.. Kristin L. Sayers; 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-160584 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, VS. NO.. Kristin L. Sayers; Defendant(s). AVISO LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de la demanda 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 puede 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 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-160584 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, vs. NO.: Kristin L. Sayers; 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, Kristin L. Sayers, is an individual whose last known address is 226 Peach Glen Road, Gardners, PA 17324-4906. 3. On or about June 13, 2008, Kristin L. Sayers executed a Note in favor of PNC Mortgage, LLC in the original principal amount of $144,536.00. 4. On or about June 13, 2008, as security for payment of the aforesaid Note, Kristin L. Sayers, a married person made, executed and delivered to PNC Mortgage, LLC a Mortgage in the original principal amount of $144,536.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on July 2, 2008, Instrument #200822505. 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 June 13, 2008 and recorded on July 2, 2008 in the Office of the Recorder of Deeds for Cumberland County, Instrument #200822506. 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 October 2011 payment, and pursuant to the terms of the aforesaid Mortgage, after written Zucker, Goldberg & Ackerman, LLC XFP-160584 notice of said default to Defendant(s), the entire principal balance and accrued interest due thereunder has been accelerated. 7. Kristin L. Sayers 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 $136,496.44 Interest through 04/09/12 $5,369.98 Escrow Advance $3,225.98 Late Charges $315.22 Inspection Fees $15.00 Property Preservation 580.16 Total $146,002.78 plus interest on the principal sum ($136,496.44) at the daily per diem amount of $24.31, 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. Zucker, Goldberg & Ackerman, LLC XFP-160584 WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $146,002.78, with interest thereon at the daily per diem amount of $24.31 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, GO AN, LLC BY: Dated: ?j Scott . D tterick, Esquire; PA I.D. #55650 l I Kim rly A. Bonner, Esquire; PA I.D. #89705 l 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 Attorneys for Plaintiff XFP-160584/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-160584 EXHIBIT A Zucker, Goldberg & Ackerman, LLC XFP-160584 liceeared 11%: PNC MORTGAGE, LLC 2710 5TH AVENUE S,, MINNEAPOLIS, MN 554080000 Return 15, WFHM FINAL ROCS X9999-01M 1000 BLUE GENTIAN ROAD EAGAN, MN 55121 Parcel Nurnhcr l `rent i sea 459 B ST CARLISLE -°- Ispurc Almn •Thh; line For Recording Dulml 0immonwealth or Pennsylvania MOO l GAGE 1 l?., 11115 yet tRT(Wili t"4ti:urily Instrument" 1 Is gi vn tut JUNE 13, 2008 The Morlipo,• is KRISTIN L SAYERS, A MARRIED PERSON c"Rin-cm-er" ). Thi, security In+trumcrit is given it, PNC MORTGAGE, LLC PNC MORTGAGE, LLC which is "r'E:nti/ed and exiaillg under' tllc laic.,d• THE STATE OF DELAWARE and whu.c addre.,s i., P.O. BOX 11701, NEWARK, NJ 071014701 ("Lender-) 11,1rr,wer mvcs Lender the principal :tint 5ti ONE HUNDRED FORTY FOUR THOUSAND FIVE HUNDRED THIRTY SIX AND 00/100 t Disbar:, 1 ********144,536. 00 5 NMFI #064: (PA FM) Rev 24/006 •nnvrhuniu ?IoNpuRc - a,"X? Ct4RIPA) :o5ae; VMP M051-jag? Solid Kr•S Inc Pd;e' C'? Ivl"fa This debt is evidenced by Borrower's note dated the same date as this Security Instrument __--_( }dote".)which-provides focxuautlaly payments,-with-the full debtf if aot paid earlier due aud_payable-on JULY 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; (h) the payment of all other sums, with interest, advancedunder paragraph 7 to protect the security of this Security Instrument; and (e) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to the Lender the following described property located in CVMBERI AM County, Pennsylvania: **SEE ATTACHED which has the address of 459 H ST Istreell CARLISLE lc'ityl, Pennsylvania 17013 [Lip Code] ("Property Address")-. TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances and fixtures now or hereafter a part of tht± property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property:" BORROWER COVENANTS that Borrower is lawfully 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 Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniforms 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, the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payment of Taxes, tnsurance and Other Charges. Borrower shall include 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 (c) 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 ("Secretarn "), or in any year in which such premium 11ould have been required if Lender still held the Security Instrument, each monthly payment shall also include either: sum for the fnittols F\ 1 -4144PA) (osoe) Pape 2 of 9 annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead 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 are 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 may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U. S. C. Section 260.1 et seq. 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 available in the 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 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 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 (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any 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 Payments. All payments under paragraphs I and 2 shall be applied by Lender as follows: Eirst, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium-, Saco to any taxes, special assessments, leasehold payments or ground rents, and tire, flood and other hazard insurance premiums, as required-, 1hird• to interest due under the Note; Fourth to amortization of the principal of the Note; and Fifth, to late charges due under the Note. 4. Fire, Flood and Other Hazard 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 whit Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in ix istence 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 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 the 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 to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph , or change the amount of such payments; Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. -4R(PA) tosoet Page 3 of a In the event of foreclosure of this Security Instrument or other transfer of title to the Property that indebtedness, all right, title and interest of Borrower in and to insurance policies in farce _ting>ai3hc;3-the shall pass to the purchaser. S. occupancy; Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (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 Lender determines that requirement will 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 Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if 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 this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease: I lorrower acquires tee 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 condemnation 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 under 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 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 indebtedness under the Note and this Security_ Instrument shall be paid to the entity legally entitled thereto. 7. Charges to Borrower and Protection of Leader's Rights in the Property. Borrower shall pair all governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pav 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 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 condemnation or to enforce taws or regulations), their Lender may do and pay whatever is necessary to protect the value 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 Lender under this paragraph shall 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 secured by the lien in a manner acceptable to Lender. (M 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 Initials J ].? 4ft-4PWAt tosoet Page 4 or 9 from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security _ jnstnrment tf Lender determines that any part of the_Pr9perty s_ object to alien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 8. Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (a) Default. 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 of 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(d) of the Garn-St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-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 the purchaser or grantee sloes 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 the Secretary. (e) Mortgage of Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the 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 ter .60 days from the ante 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 eKacised 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 Borrow'er'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 stall tender in 'a lump sum all amounts required to bring Borrowers account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable; and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall retrain in effect as if Lender had not required immediate payment in full.. However, Lender is not required to permit reinstatement if: (i) Leander has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure Inkws -4R(PA) tosoat cge 5 or a proceeding, (ii) reinstatement will preclude foreclosure on different ground, in the future, or (iii) It. Borrower Not Released; Forbearanee_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 forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the e>ercise of any right or remedti . 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 make any accommodations with regard to the terms 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 13orrawer 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 Lender 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 paragraph.. 14. Governing Law; Severability. This Security Instrument 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 Instrument or 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 Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Hazardous Substuces. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. 'Borrower shall not do; nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding. two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party 'involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority. that any removal or other remediation of any Hazardous Substances affecting 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 L*v and the following substances: gasoline, kerosene, other flammable or toxic petroleum products. toxic Pesticides and herbicides. volatile solvents. materials containing asbestos or formaldehyde, and radioactive materials. As used is this paragraph 16, In tiaLs. 4ft-41 PAI (oms) Pages of9 "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental pmtection. 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 rents and revenues of the Property. Borrower authorizes Lender or 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 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; (h) Lender shall be entitled to collect and 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 arty 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. HowcvcT, 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 Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. 18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 18, Including, but not limited to, attorneys' fees and costs of title evidence. 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 sale provided in the Slagle; Family Mortgage Foreclosure Act of 1991 ("Act's (12 U.S.C. 3751 et` seq.) 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 shalt 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 shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without 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 proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 21. Reinstatement Period. Borrower's time to reinstate provided in paragraph 10 shall extend to one hour prior to the commencement of bidding at a sheriffs sale' or other sale pursuant to this Security Instrument. 22. Purchase Money Mortgage. If an), 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. snite1w Q -4P4PA) psoa) Pape? of 9 24, Riders to this Security Iustrument. If one or more riders are executed by Borrower and -_ _ rct rn a??-C,-ltcr with this Security tt3trumcnt tfir eovettants?eaeh-sueirrider shall be i-nesrper at into - and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) u a part of this Security Instrument. [ k applicable box(es)]. Condominium Rider Growing Equity Rider Other [specify] F-1 planned Unit Development Rider Graduated Payment Rider` BY SIGNING BF.I.OW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s) executed by Borrower and re`'rded with it. Witnesses: ----' (Seal) IN L SAYERS Borrower MI T T - (Seal) -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) -Borrower Borrower (Seal) (Seal) -Borrower -Borrower 4R(PA) psoat Pipes d 9 IL J COMMONWEALTH OF PENNSYLVANIA, County ss: _ ---- --tjlf'this, -i?Q"v? ?1efOI the ned officer, personally appeared KRISTIN L SAYERS' known to me (or satisfactorily proven) to be the person(s) whose name. mare 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 and4 r ld?-4 My Commission Expires: CoirnmWeam of Pwsylvante NOTARIAL SEAL JUDY A. SOSTAR. NOTARY PUBLIC CITY OF HARRISBURG, DAUPHIN COUNTY W COMMISSION EXPIRES MARCH 21, 200 Title of officer Certificate of Residence 1, , do hereby certify that the correct address of the within-named Lender is P.O. BOX 1`1703, ItEWARK, N-1 071014701 Witness my hand this 13TH day of J= 2008 Agent of Lender INIMis 4q-4P4PA)(o5aa) Page 9 of 9 J ? ALL those two certain lots of ground situate in the Fifth Ward of the Borough of Carlisle, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows: LOT NO. 1: BEGINNING at a stake on the North side of "B" Street, which stake is 410.5 feet West of the northwest Intersection of Franklin and "B" Streets; thence along the northern line of "B" Street in a westerly direction of 50 feet to the line of Lot No. 10 on the hereinafter referred to Plan of Lots; thence by said lot in a northerly direction 50 feet to a 16 foot alley; thence by said alley in an easterly direction 50 feet to the line of Lot No. 8 on said Plan; thence bysaid .lot in a southerly direction 150 feet to the Place of BEGINNING. HAVING thereon erected a block dwelling house known and numbered as 459 "B" Street, Carlisle, _P being No._9_on the _Plan of Lots. of William H eittin r and wife, recorded in ttte = Cumberland County Recorder's Office in Plan Book 3, Page 108. LOT NO. 2: BEGINNING at the intersection of "B" Street and Cherry Street as appears on the Plan of William H. and Alsetta P. Bittinger, recorded in the Cumberland County Recorder's Office in Plan Book 3, Page 108; thence northwardly along the East slde of Cherry Street, 154 feet to a point on the South side of a 16 foot alley; thence eastwardly along said 16 foot alley 60.5 feet to a point at line of Lot No. 9 on the said Plan, being the property now or formerly of Thomas. F. C. Norrihold; thence southwardly along said Lot No. 9,150 feet to a point on the North side of "B" Street; thence westwardly along the North side of "B" Street, 60.5 feet to a point, the Place of BEGINNING. BEING Lot No. 10 in the Plan of Lots of William H. Bittinger, recorded as aforesaid. (CT2008-128.PFD1CT20W128/9) & t ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6374 Instrument Number - 200022505 Recorded On 7/212008 At 11.02:42 AM * Instrument Type - MORTGAGE Invoice Number - 24327 User ID JM * Mortgagor - SAYERS, KRISTIN L * Mortgagee - PNC MORTGAGE LLC Customer - CT LAND SERVICES CO * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $23.50 RECORDER OF DEEDS AF'F'ORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $50.50 * 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 OF I? EInformation denoted by an asterisk may change during the verification process and may not be reflected on this page. 111111111111111111 .r 4kV VERIFICATION Jorge Cruz, 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 the 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 164 information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: 4/12/12 NAME: SAYERS FILE #: 160584 Name: Title: Vice President Loan Documentation 032-PA-V3 s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION .I Plaintiff, ^ r - VS. NO.: J pt o"Z?l`l? v1 Kristin L. Sayers; Defendant(s). NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint.that could cause you to lose your home. !. 3 If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. TIDS PROGRAM IS FREE. I Dated: ZUCKER, GOLDBERG BY: ? i Scott A. Diet ric , sq e, P a .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 Attorneys for Plaintiff XFP-160584/cper 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com Zucker, Goldberg & Ackerman, LLC XFP-160584 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date: Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete. your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Address (if different): City: Phone Numbers: Email: # of people in household: Yes ? No ? Yes ? No ? Listing date State: Zip: Price: $ Realtor Phone: State: Zip: Home: Office: Cell: Other: How long? Mailing Address: City: State: Zip: Phone Numbers: Home: _ Office: Cell: Other: Email: # of people in household: 4 First Mortgage Lender: Type of Loan: How long? Loan Number: Date you closed your loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ? No ? If yes, provide names, location of court, case number & attorney: 1 Assets Amount Owed: Home: $ Other Real Estate: $ Retirement Funds: $ Investments: $ Checking: $ Savings: $ Other: $ Automobile #1: Model: Value: Amount owed: Value: Automobile #2: Model: Amount owed: Value: Monthly Income Name of Employers: 1. Year: Year: 2. 3. Additional Income Description (not wages): 1. Monthly amount: 2. Monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2nd Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day/Child Care/Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ? No ? If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: 2 l Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ? No ? If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ? No ? if yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORI • I/We, , authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: V Proof of Income V Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of current utility bill V Letter explaining reason for delinquency and any supporting documentation (hardship letter) V Listing agreement (if property is currently on the market) 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, vs. NO.: Kristin L. Sayers; Defendant(s). REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated February 28, 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program" and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Signature of Defendant's Counsel/Appointed Legal Representative Date Signature of Defendant Date Signature of Defendant Date IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, VS. NO.. Kristin L. Sayers; Defendant(s). CASE MANAGEMENT ORDER AND NOW, this day of ,20__,the defendant/borrower in the above- captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised conciliation Conference on at .M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, J Zucker, Goldberg & Ackerman, LLC XFP-160584 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-160584 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson - Sheriff r Jody S Smith ? Chief Deputy Richard W Stewart Solicitor Wells Fargo Bank, N.A. Case Number vs. 2012-2491 Kristin L. Sayers SHERIFF'S RETURN OF SERVICE 05/08/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Kristin L. Sayers, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Kristin L. Sayers. Request for service at 459 B Street, Carlisle, Pennsylvania 17013 is vacant. 05/11/2012 04:35 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on May 11, 2012 at 1635 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Kristin L. Sayers, by making known unto herself personally, at 226 Peach Glen Road, Gardners, Cumberland County, Pennsylvania 17324 its contents and at the same time handing to her personally the said true and correct copy of the same. NOAH CLINE, DEPUTY SHERIFF COST: $77.00 May 17, 2012 SO ANSWERS, 22 1?---- RON R ANDERSON, SHERIFF (c) Ccunt9SL to Shenff, Teleoscft Ioc. 0 C) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAIo C Wells Fargo Bank, N.A., CIVIL DIVISION r ?O -4ca Plaintiff No.: 12-2491-CIVIL 20 C-- rt? VS. ISSUE NUMBER: i' '. Kristin L. Sayers; Defendant(s). Mortgaged Premises: 459 B Street, Carlisle, PA 17013-1828 TYPE OF PLEADING: PRAECIPE FOR ENTRY OF JUDGMENT BY DE (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-160584 Ck-? 3 s is Praecipe for Entry of Judgmen Zucker, Goldberg & Ackerman, LU XFP-1605& LT G41 ???ed IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. VS. Plaintiff, Kristin L. Sayers; Defendant(s). CIVIL DIVISION NO.: 12-2491-CIVIL 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 Plaintiffs damages as follows: Amount as set forth in Complaint Interest from Complaint date through 06/27/2012 Late Charges TOTAL $146,002.78 $1,896.18 $73.09 $147,972.05 plus interest on the judgment amount ($147,972.05) from June 28, 2012, at the statutory rate and for foreclosure and sale of the mortgaged premises. I hereby certify that the defendant's last known 226 Peach Glen Road address is: Gardners, PA 17324-4906 zUC R, OLBERG & ACKERMAN, LLC Dated: J A() ??--? BY: Joel A. Ac erman, Esquire; PA I.D. #202729 d Ashleigh L. Marin, Esquire; PA I.D. #306799 Jaime R. Ackerman, Esquire; PA I.D. #311032 Attorneys for Plaintiff XFP-160584 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com DAMAGES ARE HEREBY ASSESSED AS INDICATED Date s 44%b Prot o otary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, vs. : NO.: 12-2491-CIVIL Kristin L. Sayers; 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 SS: I, the undersigned attorney for the plaintiff in the above action, being duly sworn according law, do hereby depose and say that the statements made herein are true in and correct to the best 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. Dated ZUCKER, GOLBERG & ACKERMAN, LLC : BY: Joe A. ckerman, 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-160584 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 T44 Z ( day of j to , 20 I 'L Not Public My Com ion Expires: EDWARD J. SCHWHI, I Commission # 2383230 Iii Notary Public, State of New Jersk,?Y, My Commission Expire March 09, 2,914 Zucker, Goldberg & Ackerman, L XFP-1605 Department of Defense Manpower Data Center 10 Status Report Pursuant to Servicemenibers Civil Relief Act Last Name: SAYERS First Name: KRISTIN L Active Duty Status As Of: Jun-27-2012 Results as of : Jun-27-2011? 12:23:20 SLRA 2.2.1 Active Duty Start Date Active Duty Erb Date 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 Left AcWe Duty Whhln 367 Days of Ac" Duty Stahu Date Active any start Date Active Duly Etut DaM Status service Gornponent N1 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 HWW Ur* Was AItNMed of a Future Calt-Up to Acrive Duty on Active Duty Status Data Order NOVISC11 i Stan Date Order Notiketion 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 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. 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 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 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: hftp://www.defenselink.mil/faq/pis/PC09SLDR.htmi. If you have evidence the person was on active duty for the active duty stallus 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( ). 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 ass 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 Res rve 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 no 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 peri 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 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 RA 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: DPTR3QRELM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, ' NO.: 12-2491-CIVIL vs. ' Kristin L. Sayers; Defendant(s). NOTICE OF ORDER, DECREE OR JUDGMENT TO: Kristin L. Sayers 226 Peach Glen Road Gardners, PA 17324-4906 ( ] Plaintiff [?] Defendant [ ] Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on 5 jot [ ] A copy of the Order or Decree is enclosed, or cost [V] The judgment is as follows: $147,irothonotary Zucker, Goldberg & Ackerman, XFP-160 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ) Sheriff (6 0 ?? ?4p3ttr of CIfiabr,,?rrtG Jody S Smith Chief Deputy Richard W Stewart '.y„?:?.. Solicitor OFFICE OF THE SHERIFF Wells Fargo Bank, N.A. VS. Case Number ' Kristin L. Sayers 2012-2491 SHERIFF'S RETURN OF SERVICE 05108/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and Inquiry for the within named defendant to wit: Kristin L. Sayers, but was unable tq locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Kristin L. Sayers. Request for service at 459 B Street, Carlisle, Pennsylvania 17013 is vacant. 05/11/2012 04:35 PM - Noah Cline, Deputy Sheriff, who being duly swom according to law, states that on May 11, 2012 at 1635 hours, he served a true copy of the within Complaint In Mortgage Foreclosure, upon the within named defendant, to wit: Kristin L. Sayers, by making known unto herself personally, at 226 Peach Glen Road, Gardners, Cumberland County, Pennsylvania 17324 its contents and at the same time handing to her personally the said true and correct copy of the same. ,DEPUTY SHERIFF COST: $77.00 May 17, 2012 SO ANSWERS, 1?z RON R ANDERSON, SHERIFF (C) County&ft SheriB, Teleosok Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. vs. Kristin L. Sayers TO: Kristin L. Sayers 226 Peach Glen Road Gardners, PA 17324-4906 DATE OF NOTICE: 6/18/2012 CIVIL DIVISION NO.: 12-2491-CIVIL IMPORTANT NOTICE 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 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 Plaintiff, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. Plaintiff, CIVIL DIVISION vs. Kristin L. Sayers Defendant. NO.: 12-2491-CIVIL AVISO IMPORTANTE TO: Kristin L. Sayers 226 Peach Glen Road Gardners, PA 17324-4906 FECHA DEL AVISO:6/18/2012 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 M4PORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INIv1EDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO 0 NO PUEDE PAGAR UNO, VAYA 0 LLAME LA OFIC NA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL NOTICE TO DEFEND & LAWYERREFERRAL SERVICE 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 BY, Scott A. D ietteridc 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 160584 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A., CIVIL DIVISION Plaintiff, NO.: 12-2491-CIVIL VS. TYPE OF PLEADING Kristin L.Sayers; Pa. R.C.P.RULE 3129.2(C)AFFIDAVIT OF SERVICE Defendant. OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST 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 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 (908)233-1390 FAX office @zuckergoldberg.com File No.: XFP- 160584/dsc _. n Gg cn C3 C3 b2 cam, C�kh Zucker, Goldberg&Ackerman, LLC XFP-160584 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, VS. NO.: 12-2491-CIVIL Kristin L.Sayers; Defendant. Pa.R.C.P.RULE 3129(c)AFFIDAVIT OF SERVICE OF DEFENDANTIOWNER AND OTHER PARTIES OF INTEREST 1, Daniel Schlesinger, a paralegal with the firm of Zucker, Goldberg & Ackerman, LLC, attorneys for Plaintiff, Wells Fargo Bank, N.A., being duly sworn according to law depose and make the following Affidavit regarding the service of Plaintiffs Notice of Sheriffs Sale of Real Property in this matter on Defendant/Owner and Other Parties of Interest as follows: 1. Defendants, Kristin L.Sayers, is the record owner of the real property. 2. On or about December 21, 2012, Defendant Kristin L. Sayers was served with Plaintiffs Notice of Sheriffs Sale of Real Property Pursuant to Pa. R.C.P. 3129, via Certified Mail, return receipt requested at the address of 226 Peach Glen Road, Gardners, PA 17324. A true and correct copy of said Notice and Proof of Service are marked Exhibit"A",attached hereto and made a part hereof. 3. On or about January 16, 2013, Plaintiffs counsel served all other parties in interest with Plaintiffs Notice of Sheriffs Sale according to Plaintiffs Affidavit Pursuant to rule 3129.1, via First Class U.S. Mail, Postage Pre-Paid, with a Certificate of Mailing. True and correct copies of said Notices and Certificates of Mailing are marked Exhibit"B",attached hereto and made a part hereof. Zucker,Goldberg&Ackerman,LLC XFP-160584 Finally, the undersigned deposes and says that the Defendants/Owners and all other Parties of Interest were served with Plaintiff's Notice of Sheriff's Sale of Real Property in accordance with Pa.R.C.P. 3129.2. ZUCKER,GOLDBERG &ACKERMAN, LLC Attorneys for Plaintiff Dated:April 3, 2013 LESINGER Paralegal/Legal Assistant Sworn to and subscribed before me this 3 day of April, 2013 P ZLI Notary Public PAUL C.NADRATOWSKI MY COMMISSION EXPIRES: Notary Public of New Jersey iD#2407850 My Commission Expires 4/27/2016 Zucker,Goldberg&Ackerman, LLC XFP-160584 EXHIBIT A Zucker, Goldberg&Ackerman, LLC XFP-160584 Zucker,Goldberg&Ackerman,LLC PO Box 1219 Mountainside,NJ 07092-1219 7196 9006 9296 3941 9187 20121214-102 Kristin L. Sayers 226 Peach Glen Rd Gardners, PA 17324-9062 PANOSS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank,N.A. CIVIL DIVISION Plaintiff, VS. NO.:12-2491-CIVIL Kristin L.Sayers; Defendant, NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT To PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Kristin L.Sayers 226 Peach Glen Road Gardners,PA 17324-4906 AND 459 B Street Carlisle,PA 17013-1828 TAKE NOTICE: That the Sher'ffs 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: 459 0 Street,Carlisle,PA,17013-2828 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No.12-2491-CIVIL Zucker,Goldberg&Ackerman,LLC XFP-160584 THE NAME(S)OF THE OWNER(S)OR REPUTED OWNERS)OF THIS PROPERTY ARE: Kristin L Sayers 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 gF 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,LLC XFP-1605M 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 GOLDBERG KERMAN C Dated: i ( BY: , Scott A.Di rick,Esquire; PA I.D.#55650 Kimberly 4k.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-160584 (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. i I i Zucker,Goldberg&Ackerman,LLC XFP-160584 Exhibit"A" LEGAL DESCRIPTION ALL those two certain lots of ground situate in the Flftb Ward of the Borough of Carlisle,County of Cumberland, Commonwealth df Pennsylvania,more.partioularly bounded and described as foilows, LOT N0:1:-10WINNINt..at'.a snake on the North We of"8"Street,which.*"e Is 410-51"West of the north Intel of Ctttl n sand"0"Streets,#once along the northern line of"B"Street in a westerly direction of 50-feat lo_tha the of Lot No.to on to hereinafter referred to Plan of Lots;thence by sold lot in a northerly direction 50 I to a 18 1100 alley;#hence by said alley In an eastarly direction 50 feet to the One of lot No.8 on salt Plan;thence by said lot In a southerly direction 150 feet to-ft-Place of BEGINNING. HAVING thereon erected a block dwelling house known and numbered as 459"B"Street,Carlisle, Cumberland County Recorder's Office in Plan Boric 3, Page 108, LOT NO.2: BEGINMNG at the htweection of"B"Street and Cherry Street as appears on the Plan of William H.and Alsei la ,SWInger,recorded In the Cumberland County Rewder's Office in Plan Book 3,Page 108; thence nortirwesdly along tie Eag We of Cherry Street,150 feet to.a point on the South side of a 16 foot alley; thence eaistwerdly along said 164b of alloy 60:6 fast to a point at tine of Lot No.9 on the said Plan,being the property now or fbmwi V of Thomas.F.C.Nomhold;thence southwardly ae"sold Lot No.8,150 feet to a point on the North side of 08"Street;thence westwardiy along the North side of"B"Street,60.5 feet to a point, the Place of BEGINNING. BEING Lot No. 10 in the Plan of Lots of William H.Biltinger,recorded as aforesaid. HAVING thereon erected a dwelling house being known and numbered as 459 B Street,Carlisle, PA,.17013-1828. BEING the same premises which Ricky J.Gilbert and Jeanne E.Gilbert,husband and wife,by j Deed dated June 11,2008 and recorded July 2,2008 In and for Cumberland County,Pennsylvania,in Deed Book Volume Instrument No.200822504,Page,granted and conveyed unto Kristin L.Sayers, Tax Map No.:06-19-1643-339. 2. Article Nun W A. ved by tpkae►fyri*i Ctewh; ay. c( SRI G ry r 719 9DD6 9296 394], 9167 X A ery J D.TO delivery address dMerwe Item t? Yes h_ It YES.errisr delivery address below: No 3. Serykii Type CERyLq ,pI MALL. 4. Reatrinted Dalivery*'1 MXVW Fast 1. ArWe Addressed to: Kristin '$Brats 89feretlCe lnfOtTt'1afldn 226 Peach Glen Rd 160584 Gardners,PA 17324.902 PANOSS i2:1d'2012 71% 9006 9246 3441 9187-102 PS Form 3811.January 2005 Dorreastic Retwn Recept UNITED STATES POSTAL SERVICE -Mass tAail goo,, 1ltlttti�llililtluiiltltt'ilt}lltitlt»It�lit}1t1t� __ Zucker, Goldberg&Ackerman, LLC PO Box 9076 Temecula,CA 92589-"76 1 EXHIBIT B Zucker, Goldberg&Ackerman, LLC XFP-160584 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank,N.A. CIVIL DIVISION Plaintiff, VS. NO.: 12-2491-CIVIL Kristin L Sayers; Defendant. NOTICE TO hW2fflQLR=AND OTHER Z"M IN PURSUANT TO P*XCE.3129(b) TO: UNKNOWN TENANT OR TENANTS UNKNOWN SPOUSE 459 B Street 226 Peach Glen Road Carlisle,PA 17013-1828 Gardners,PA 17324-4906 COMMONWEALTH OF PENNSYLVANIA PA DEPT.OF REVENUE-INHERITANCE DEPARTMENT OF WELFARE TAX DIVISION P.O.Box 2675 Dept 280601 Harrisburg,PA 17105 Harrisburg,PA 17128-0601 CUMBERLAND COUNTY TAX CLAIM CUMBERLAND COUNTY DOMESTIC BUREAU RELATIONS OFFICE Cumberland County Courthouse Domestic Relations Section One Courthouse Square 13 N.Hanover Street Carlisle,PA 17013 PO Box 320 PNC MORTGAGE,LLC Carlisle,PA 17013 P.O.Box 11701 Newark,NJ 07101-4701 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Plow of Cumberland County,Pennsylvania,and to the Sheriff of Cumberland County,directed,them will be exposed to Public Sale in: the Cumberland County Courthouse, I Courthouse Square,Carlisle,PA 17013 On 3/6/2013 at 10:00am,the following described real estate which Kristin L.Sayers are the owners or reputed owners and on which you may hold a lion or have an interest which could be affected by the sale of. 459 B Street, Carlisle,PA 17013-1828 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT"A-). Zucker,Goldberg&Ackerman,LLC XFP-160584 160584D1004CO1032013P1 The said Writ of Execution has been issued on a judgment in the action of Wells Fargo Bank,N.A. Plaintiff VS. Kristin L. Sayers,et al Defendant(s) at EX.NO. 12-2491-CIVIL in the amount of$147972.05 plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty(30)days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten(10)days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice,you should contact your attorney as soon as possible. ZUCKER,GOLDBERG&ACKERMAN,LLC Dated.'���, � �� BY: Sco A. iotterick,Esquire; P I.D.0#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; PA I.D.#202946 Jaime R.Ackerman,Esquire;PA I.D.#311032 200 Sheffield Street,Suite 301 Mountainside,NJ 07092 File No.:XFP-160584 (908)233-8500;(908)233-1390 FAX E-mail: Office&uckergoldberg.com Zucker,Goldberg&Ackerman,LLC XFP-160584 160584D1004CO1032013P2 Exhibit"A„ LEGAL DESCRIPTION ALL those two-certain lots'.of ground situate In the Fft Ward.of the Borough of Caftle,County of Cumberland, Commonweaitl�of Penrw*anie,more particularly bounded and dbac tibed as follows. LOT NO. !.:> iliNG kae oca: Nilh of"�'StrOat,vuhlch stake is 41:8:5 feet West of the rian ltljict�Ajitcit't a .l?rtilt: "8"St! lliios qia northern line of"8"#tr+ 'm a wily d anon `ie+afaar"ttie dine# Lz�t Ntr:'t `.can#re 8lniAer nOwTed'to 4an 0 Lots;t by said lot in a. northerly dlrectlart .feet do a'iB mot alien±;thuen66.byultl.ally In an y d on`-.50 116M IC the line'of Lot No.8 on said-Plan;thence by sa ld lot in s soutt►ery ditection 150 feel to the Place of BEGINNING. HAVING the von erected a bkK*dwelling house known and numbered as 450"B"Street;Carlisle, Cumberland County Recorder's Ofte In Plan Book 3,page 108. LOT NO,2. BEGINNING at the initersection of"8"Street and Cherry Street as appears on the Plan of Wiliam H.and ? BldingQr;rwaded in the Cumberland County'Recordees Me in Plan Book 3,Page 108; thence northwardly.Mong.the East Nile of Cherry$troat;150.feet to.a point on the South ekle Oft 16 foot alley; `thence easenrard 9IoM.*AId"IB fot�f aN y80.6 feet tb a'point at lineof Lot No.9 on the said Plan,being the ;party°MW of`fdr yr aof aa..F.C.Nomhoki;thsrice southvvardiy along said Lot No.9,150 feet to a polnt.o'n the North of"B Skeet;therm-we�stwatdly-along the North skis of"B"Street,60.5 feet to a point, `the:.PladW*0 INt . BEING Lot No.10 in the Plan.of'Lots of William H.Blttinger,recorded as aforesaid. HAVING thereon erected a dwelling house being known and numbered as 459 B Street,Carlisle, PA, 17013-1828. BEING the same premises which Ricky J. Gilbert and Jeanne E. Gilbert,husband and wife, by Deed dated June 11,2008 and recorded July 2,2008 in and for Cumberland County,Pennsylvania,in Deed Book Volume Instrument No.200822504,Page,granted and conveyed unto Kristin L. Sayers. i Tax Map No.:06-19-1643-339. Zucker,Goldberg&Ackerman,LLC XFP-160584 Page 1 of 4 NOTICE TO LIENHOLDERS (kona,r w. 000 282096 $J 01 250 '• MAILED FROM Zlp CODE 0 7*0nV w*f04P aPrwMwMd•natbstrn•rhobmpmwvftdtoUsrs*krmW*P* ondirdwro twrirmr. Scott A.Dietterick,Esquire (__c/o Zucker,Goldberg&Ackerman,LLC 200 Sheffield Street,Suite 101 Mountainside,NJ 07092 XFP-160584/Sde TEAM C To' UNKNOWN TENANT OR TENANTS Postman Nerd 459 B Street Carlisle,PA 17013-1828 County of P.Q.:.CUMBERLAND PS Form 3817,April 2007 PSN 7530-82.800-9065 MUM epN 02 1M � j 0004282038 JA MAILED FROM 709 T*CwWk@"dMv*4p Adw ma0mbeenpom atoLOVkrmag andbasmalondm@K Prw•: Scott A.Dietterick,Esquire f` c/o Zucker,Goldberg&Ackerman,LLCM 200 Sheffield Street,Suite 101 F �Q Mountainside,NJ 07092 XFP-360580Sde TEAM C To` COMMONWEALTH OF PENNSYLVANIA PostmarkHm DEPARTMENT OF WELFARE P.O.Box 2675 Harrisburg,PA 17105 County of P.Q.;CUMBERLAND PS Form 3817,April 2007 PSN 753402-000-9065 i Page 2 of 4 NOTICE TO LIENHOLDERS Pam 000428203 0 aMd Cadeged rrWik w n MAILED WAnekfa m j Inbmatkaud m.g. Front Scott A. Dietterick, Esquire c/o Zucker,Goldberg&Ackerman,LLC ti y 200 Sheffield Stre et,Suite 101 , Mountainside,NJ 07092 XFP-160584/sde TEAM C To` CUMBERLAND COUNTY TAX CLAIM BUREAU Pwtmerk Here Cumberland County Courthouse One Courthouse Square Carlisle,PA 17013 County of P.Q.:CUMBERLAND PS Form 3817,April 2007 PSN 7530402-000.9065 LW1 GL ®T1 02 1M ^, �•� 0004282036 2 i � � MAILED FIR 76 9 2:1 "'•/ aTad cawkw of NAIL Prwldas attdana chat Mag hu kan Pmamed to USf4'for Mang.Thk F"m' Scott A. Dietterick, Esquire w c/o Zucker,Goldberg&Ackerman,LLC ►- , 200 Sheffield Street,Suite 101 e Mountainside,NJ 07092 !l XFP-160584/sde TEAM C To: PNC MORTGAGE,LLC Postmark Here P.O.Box 11701 Newark,NJ 07101-4701 County of P.Q.:CUMBERLAND PS Form 3817,April 2007 PSN 7530-02-000-9065 Page 3 of 4 NOTICE TO LIENHOLDERS Oil 3 01-150 zl� Q e 093 07092 � i .�aa...ra.�.u.���e..��,,,meco�rs•rwma�.,mrr�m.v .Y..,,._.�,...-..,. � ... . .. � ..!..; 4 � Scott A.Dietterick,Esquire cb c/o Zucker,Goldberg&Ackerman,LLC Y 'ti 200 Sheffield Street,Suite 101 J Mountainside,NJ 07092 XFP-160584/sde TEAM C CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Pomarkfte Domestic Relations Section 13 N.Hanover Street PO Box 320 Carlisle,PA 17013 County of P.Q.:CUMBERLAND PS Fort 3827,April 2007 PSN 7530-02.000-9065 "V MTES 02 iM t S ° MAI 8 J f ' 0 • MAI � ;�'� 7082 92 and M,ueewtlonY m.x. �. h© Scott A.Dietterick,Esquire a c/o Zucker,Goldberg&Ackerman,LLC U. 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 XFP-160584/sde TEAM C T°° PA DEPT.OF REVENUE-INHERITANCE TAX DIVISION Postmark Here Dept.280601 Harrisburg,PA 17128-0601 County of P.Q.:CUMBERLAND PS Farm 3817,April 2007 PSN 7530-02-000-9065 Page 4 of 4 NOTICE TO LIENHOLDERS I f w �- Pnw" $ X1.1 2038 JAN 18 20101 3 FROM ZIP CODr.0 70 92 a 170q . TFdtCrd%ftodMs tsp- o adawthnnwAbrh Nnpnwnbdto UPS*for malftThis imnu9b.and d6ny5* end Werns nalnal 'm"6 Scott A.Dietterick,Esquire '"a IL c/o Zucker,Goldberg&Ackerman,LLC 200 Sheffield Street,Suite 101 s� Mountainside,NJ 07092 XFP-160581/sde TEAM C TO- UNKNOWN SPOUSE PoawmerkHere 226 Peach Glen Road Gardners,PA 173244906 County of P.Q.:CUMBERLAND PS Forth 3617,Aprtl 2007 P5N 7530-02-000-9065 i SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson 1_1 LED-0 F F I�,`u Sheriff r r ! HE PR, ^ ' y�tX! o �nr� r,,,ftd ,1U 'ist"k. Jody S Smith _ y Chief Deputy 29,13 jUL. 2 3 AH 16t (f Richard W Stewart CUMBERLAND Solicitor OFFICE,OF TI4E SHERIFF i_E?4 N s t LV NIA i C Wells Fargo Bank, N.A. Case Number vs. Kristin L. Sayers 2012-2491 SHERIFF'S RETURN OF SERVICE 01/02/2013 03:25 PM -Deputy Amanda Cobaugh, 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 459 B Street, Carlisle, PA 17013, Cumberland County. 01/11/2013 02:48 PM - Deputy William 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 Bill Shartzer, Husband, who accepted as"Adult Person in Charge"for Kristin L. Sayers at 226 Peach Glen Road, Dickinson Township, Gardners, PA 17324, Cumberland County. 01/24/2013 As directed by Jaime R Ackerman, Attorney for the Plaintiff, Sheriffs Sale Continued to 5/1/2013 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: $1,283.42 SO ANSWERS, July 02, 2013 RONW R ANDERSON, SHERIFF -Do P, f, L'o- (c)CounaySuite Sheriff,Teleosoft,Inc. P tg , t d { IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A., CIVIL DIVISION lilaintiff, NO.: 12-2491-CIVIL VS. Execution No.: Kristin L.Sayers; 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 459 B Street,Carlisle, PA 17013-1828. 1. Name and Address of Owner(s)or Reputed Owner(s): KRISTIN L. SAYERS 226 Peach Glen Road Gardners, PA 17324-4906 2. Name and Address of Defendants) in the Judgment: KRISTIN L.SAYERS 226 Peach Glen Road Gardners, PA 17324-4906 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 rd holder of every mortgage of record: 4. Name and Address of-the last reco 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 4 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 knowled a 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 459 B Street Carlisle, PA 17013-1828 UNKNOWN SPOUSE _ 226 Peach Glen Road Gardners, PA 17324-4906 PA DEPT.OF REVENUE- INHERITANCE TAX DIVISION Dept.280601 Harrisburg, PA 17128-0601 . ^ . / . � |verify that the.statements made in this Affidavit are true and correct to the best of my personal 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. ! ZUCKEM�OL��t W(AK E R M Dated: r ^ Scott r^ tic..c", Es*"""; ,A^°.#5,"5" ' Nirnbery�A. Bonner, Esquire; PA1D.#897DS . Joel A.Ackerman, Esquire; PAiD.#2O37Z9 ' Ashleigh L. Merin, Esquire; PAiD.#3OG799 ' Ralph M.Salvia, Esquire; PAiD.#3OZ946 ! Jaime R.Ackerman, Esquire; PAiD. #3l1O]2 w' 2OU Sheffield Street,Suite 1O1 Mountainside, NJ 0709 � File No.:XFP-16O5D4 ' /9O8\ 233-DSOO; (9OQ)233-139OFAX � E-mail: 0ffice@zuckergoWberg.corn ' ' / / ` / � / � � ` / / / ' 77 Exhibit "A" LEGAL DESCRIPTION ALL those two zertain lots of ground situate lij the Fifth Ward of the Borough of Carlisle,County of Cumberland, Commonwealth of Pennsylvania,.more particularly bounded-and described as follows: LOT NO.,1 i.BIEGINNINGata make on the North side of"B"-�treet,whIch:%st'ake is 410.5 feet West of i�e hodhw.ost Intemd,L-96-n of Fr6nkliriand "B"SfirObts;thence along the-northern line of"B"Street in a weStedy 1diretton Of 50-feet ta.-the line of Lot No. 10 an the,hereinafter referred to,Plan of Lots; thence by said Id.t in a northerly direct!on%Ibat to a-16 focit alley;II]ience by said alloy in an easterly'direction 50 feet to the fine of Lot No.8 on said Plan;thence by said lot Ina southerlydirection 150 feet to the-Place of BEGINNING. HAVING thereon erected a block dwelling house known and numbered as 459"B"Street,Carlisle, Pennsylunnia-Said-Jotbei e-Mh of Lots of Willi= H Ritlinoer and wife, recorded in the - Cumberland County Recorder's Office in Plan.Book 3, Page 108, LOT NO. 2: BEGINNING at the intersection-of"B"Street and Cherry Street as appears on the Plan of William H.and Alsetta P.Bittinger.recorded in the Cumberland County Recorder's Office in Plan Book 3,Pagg.108; thence:nor.thwardly,aiong the East side of C h-e*rry Street, 150 feet to a,:poInt on%the South side of a 16 fobt alley; thence eastwardly�along said 16 foot alley 60.5 feet to a point at line of Lot No.9 on the said Plan, being the property now or formerly of Thomas, F.C. Nornhold;thence southwardly along said Lot No.9, 150 feet to a point on the North side of"B"Street;thence Westwardly along the North side of"B"Street, 60.5 feet ta a point, the Place of BEGINNING. BEING Lot No. 10 in the Plan of Lots of Willi:a m- H. Bittinger, recorded as aforesaid. HAVING thereon erected a dwe1jifig house being known and numbered as 459 B S freet, Carlisle, PA,,.17013-1828. BEING the same premises which Ricky J. Gilbert and Jeanne E. Gilbert, husband and wife, by D.eed dated June 11, 2008 and recorded July 2, 2008 in and for Cumberland County, Penn�yfvania, in peed Book Volume Instrument No. 200'82"2504, Page, granted and conveyed unto Kristin L. Sayers. Tax Map No.: 06-19-1643-339, y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, VS. NO.: 12-2491-CIVIL Kristin L.Sayers; Defendant. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Kristin L.Sayers 226 Peach Glen Road Gardners, PA 17324-4906 AND 459 B Street Carlisle, PA 17013'-1828 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 anyother major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT"A"). The LOCATION of your property to be sold is: 459 B Street,Carlisle,PA,17013-1828 The JUDGMENT under or pursuant to which your property is being sold is docketed to- No.12-2491-CIVIL Zucker,Goldberg&Ackerman,LLC XFP-160584 _ ' —_`-' OF _ OWNER(S) OR REPUTED OWNER(S) OF _ PROPERTY ARE. - ' Kristin L.Sayers ' | ' ' ' - A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governnm�nta| 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 ofsale in accordance with this schedule vvi||, in fact, be made unless s6noeone objects by MUnQ 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 Courtho-useSqugre,CarUde, PA 17013-3387. ` THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. ' - ' - - It has been issued becaus�there is a Judgment against you. It may cause your -property tobe held, tobe 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 tn exercise your rights,you must act prornptb� - ' - ' 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.- Service mV the Cumberland . County Bar Association _ � Cumberland County Bar Association ' 32 S. Bedford Street - ' . Carlisle, PA 17013 _ - Phone(800)990-9108 ' ' ' (717)249-3166 _ - - �_- - . . - / - .1. You may file a / with the Court of Common Pleas ofCumberland [ountyto.npen the ] - if you have e meritorious defense against the person or company that has entered `Ux1arnent against you. You may also file a petition %;Vith 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 isdelivered. - - ' - � - - ' ^ - - - - - - ' - - - ' - Zucker,Goldberg&Ackerman, LLC ' _ XFF�160584 3, A petition or petitions raising the legal issues or rights mentioned in the eas of+� preceding paragraphs must be presented to the Court of common 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 Court st be from petition. If a specific return date is desired, such uthdate One Co rthousedSquare,hCarlisle, Administrator's Office, Cumberland Y PA 17013-3387, before presentation of the petition to the Court. ZUCKER GOLDBERG CKERMAN C Dated: �l /� BY: [ Scott A. Di erick, Esquire; PA I.D.#55650 Kimberly . 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 I/ 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 File No.:XFP-160584 (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. I i Zucker,Goldberg&Ackerman,LLC XFP-160584 Exhibit"A" LEGAL DESCRIPTION ALL those two certain lots of ground situate in the Fifth Ward of the Borough of Carlisle, County of Cumberland, Commonwealth of Pennsylvania,more particularly bounded and described as follows: LOT NO.I- BEGINNING at stake on the North side of"B"-Street,whichstake is 410.5 feet West of We northwest Intersection of'Frbrikift)and"B"Streets;thence along the northern line of"8"Street in a westerly direction of 50 feet to:the line of Lot No. 10,or the hereinafter referred to Plan of Lots;thence by said lot in a northerly direction 50 feet to a 16 foot alley.;thence by said,alley in an easterly direction 50 feet to the line of Lot No.8 on said Plan;thence by said tot In.a southerly direction 150 feet to the Place of BEGINNING. HAVING thereon erected a block dwelling house known and numbered as 459"B"Street, Carlisle, Perinsyluania—Said-IoLbeing No 9 on the n of I otq of William H Bittinger and wife, recorded in the Cumberland County Recorder's Office in Plan Book 3, Page 108. LOTNO. 2: BEGINNING at the intersection!of"B"Street and Cherry Street as appears on the Plan of William H.and Alsetta P. Bittinger,recorded in the Cumberland County Recorder's Office in Plan Book 3,Page-108; thence northwardly along the East side ofGhe'try Street, 150 feet to a point on the South side of a 16 foot alley; thence eastwardly along said 16 foot alley 60.5 feet to a point at line of Lot No.9 on the said Plan, being the property now or formerly of Thomas. F.C. Nomhold;thence southwardly along said Lot No.9, 150 feet to a point on the North side of"B"Street;thence westwardly along the North side of"B"Street, 60.5 feet to a point, the Place of BEGINNING. BEING Lot No. 10 in the Plan of Lots of William H. Bittinger, recorded as aforesaid. HAVING thereon erected a dwelling house being known and numbered as 459 B Street, Carlisle, PA,17013-1828. BEING the same premises which Ricky J. Gilbert and Jeanne E. Gilbert, husband and wife, by Deed dated June 11, 2008 and recorded July 2, 2008 in and for Cumberland County, Pennsyl[vania, in Deed Book Volume Instrument No. 200822504, Page, granted and conveyed unto Kristin L. Sayers. Tax Map No.: 06-19-1643-339. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-2491 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 KRISTIN L. SAYERS (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 GARNISHEES)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: $147,972.05 L.L.: $.50 Interest FROM 6/28/2012 TO DATE OF SALE-$6,125.62 Atty's Comm: Due Prothy: $2.25 Arty Paid: $228.25 Other Costs: Plaintiff Paid: Date: 11/29/12 David D.Buell,Prothonotary (Seal) By: Deputy 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 FROM RECORD In Testimonywhersof, I here unto set my hand and the seal of said Cou c+fGarlis4e, Pa. This �c ?y of 20..Ia—i P th ta,�,',, !�j"'= On December 3, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA, Known and numbered as, 459 B Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 3, 2012 By: Real Estate Coordinator Z :b MI J,ji8]HS 3N! CUMBERLAND LAW JOURNAL Writ No. 2012-2491 Civil BEING Lot NO. 10 in the Plan of Lots of William H.Billinger,recorded Wells Fargo Bank,N.A. as aforesaid. HAVING thereon erected a dwell- vs. ing house being known and num- Kristin L. Sayers bered as 459 B Street, Carlisle, PA, Atty.:Jaime R.Ackerman 17013-1828. ALL those two certain lots of BEING the same premises which ground situate in the Fifth Ward Ricky J. Gilbert and Jeanne E. Gil- of the Borough of Carlisle, County bert, husband and wife, by Deed of Cumberland, Commonwealth of dated June 11, 2008 and recorded Pennsylvania, more particularly July 2,2008 in and for Cumberland bounded and described as follows: County,Pennsylvania,in Deed Book LOT NO.1:BEGINNING at a stake Volume Instrument No. 200822504, on the North side of"B"Street,which Page, granted and conveyed unto stake is 410.5 feet West of the north- Kristin L. Sayers. west intersection of Franklin and"B" Tax Map No.: 06-19-1643-339. Streets; thence along the northern line of"B° Street in a westerly di- rection of 50 feet to the line of Lot No. 100n the hereinafter referred to Plan of Lots; thence by said lot in a northerly direction 50 feet to a 16 foot alley;thence by said alley in an easterly direction 50 feet to the line of Lot NO.8 on said Plan; thence by said lot In a southerly direction 150 feet to the Place of BEGINNING. HAVING thereon erected a block dwelling house known and numbered as 459`B" Street, Carlisle, Pennsyl- vania Said lot being No 9 on the Plan of lots of William H Bittinger and wife recorded in the Cumberland County Recorder's Office in Plan Book 3, Page 108. LOT NO.2: BEGINNING at the intersection of`B"Street and Cherry Street as appears on the Plan of William H. and Alsetta P. Bittinger, recorded in the Cumberland County Recorder's Office in Plan Book 3,Page 108; thence nouthwardly along the East side of Cherry Street, 150 feet to a point on the South side of a 16 foot alley; thence eastwardly along said 16 foot alley 60.5 feet to a point at line of Lot NO.9 on the said Plan being the property now or formerly of Thomas. F. C. Nornhold; thence southwardly along said Lot NO.9,150 feet to a point on the North side of "B" Street; thence westwardly along the North side of"B"Street.60.5 feet to a point the Place of BEGINNING. 95 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. i Marie Coyne, E itor SWORN TO AND SUBSCRIBED before me this 8 day of Februar 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-News Co. 2020 Technology Pkwy the a Suite 300 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 law, 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. PUBLICATION COPY This ad ran on the date(s)shown below: 01/22113 2012-2491 C I 01/29/13 Wells Fargo Ban N.A. 01 Vs ut ` Kristin L.Says m 02105/13 Atty: Jaime R Ackerman 3 ALL those two certain lots of ground I, . . . . . . . . . . . . . . situate in the Fifth Ward of the Borough of Carlisle, County of Cumberland, Commonwealth of Pennsylvania, more Sworn to and subscribed before me this 14 day of February, 2013 A.D. Particularly bounded and described as ' follows: LOT N0.1: BEGINNING at a stake on the North side of'B" Street,which a PUbIIC stake is 410.5 feet West of the northwest intersection of Franklin and`B"Streets; thence along the northern line of `B" Street in a westerly direction of 50 feet to d the line of Lot No. loon the hereinafter referred to Plan of Lots; thence by said I I' COMMONWEALTH OF PENNSYLVANIA lot in a northerly diroe!j t to a >U Notarial Seal 16 foot alley; thence by said alley in an u Holly Lynn Warfel,Notary Public easterly direction 50 feet to the line of Lot a Washington Up.,Dauphin County My Commission Expires Oec.12,2016 MEMBER,PENNSYLVANIA A55OQAI10N OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, 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 29th day of November, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 2491, at the suit of Wells Fargo Bank N A against Kristin L Sayers is duly recorded as Instrument Number 201324178. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D.c'?Og t Recorder of Deeds Recorder of ,Cumbedand County,Carlisle,PA My Commisst Expires the Fast Monday of Jan.2014