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HomeMy WebLinkAbout12-2778. r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVV IA,,- /'I WELLS FARGO BANK, N.A., CIVIL DIVISION a ` V • ---I NO Pl i iff nt , .: a VS. TYPE OF PLEADING t-"J Brian G. Fagan; r CIVIL ACTION - COMPLAINT Defendant. IN MORTGAGE FORECLOSURE TO: DEFENDANT YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. 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.1 Mill. SC 29715 AND THE DEFENDANT: 705 West Keller Street Mechanicsburg-. PA 17055-3738 CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS ATTORNEY ATTY FILYNO.: XFP 164687 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(@zuckereoldbere.com File No.: XFP- 164687/trk 0 a? 0 s.75?d ark 3 SVZ( r? x-)4(73, IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBIT 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 LID. 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 DIFF RENT FROM ABOVE. THE LAW DOES NOT REQUIRE US 0 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 O THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN A EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUD MENT 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 CRE ITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, T E LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT TH DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNE FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCYIAND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. Plaintiff, VS. CIVIL DIVISION NO.: I a - D') )8 Brian G. Fagan; Defendant(k). NOTICE TO DEFEND You have been sued in court. If, ou wish to defend against the claim set forth in the following pages, you must take action within twe ty (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 judg ent 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 FOR H BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTIC? TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND LAWYER REFERRAL Cumberland County Bar association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-908 (717) 249-3, 66 Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, VS. NO.. Brian G. Fagan; Defendant(. AVISO LISTED HA SIDO DEMANDADO/A N CORTE. Si usted desea defenderse de la demanda establecida en las siguientes paginas, debe tomar a ci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso respon iendo personalmente o por medio de un abogado una comparecencia esc rita y radicando en la Corte p r escrito sus defensas y objeciones a las demandas establecidas en su contra. Se le advierte de que si sted falla en tomar accion como se describe anteriormente, el caso puede proceder sin usted sin p vio aviso y un fallo por cualquier suma de dinero reclamada en la demanda 0 cua Iquier otra recla aci6n o remedio solicitado por el demandante, puede ser dictado en contra suva por la Corte. Usted p ede perder dinero o propiedades u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCU ENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGAR LI NO, LLAME 0 VAVA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA L EGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND LAWYER REFERRAL Cumberland County Bar ssociation 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, vs. NO.. Brian G. Fagan; Defendant(s). CIVIL ACTIONI- COMPLAINT IN MORTGAGE FORECLOSURE And now comes Wells Fargo Bank, N.A., by its attorneys, Zucker, Goldberg & Ackerman, LLC, and files this Complaint in Mortg*e Foreclosure as follows: 1. The Plaintiff is V ells Fargo Bank, N.A., (hereinafter "plaintiff") having its principal place of business at 3476 Statevie`w Blvd., MAC # X7801-013, Ft. Mill, SC 29715. 2. Defendant, Brian! G. Fagan, is an individual whose last known address is 705 West Keller Street, Mechanicsburg, PA 117055-3738. 3. On or about Dec?mber 31, 2008, Brian G. Fagan executed a Note in favor of Wells Fargo Bank, NA in the original principal amount of $149,190.00. 4. On or about December 31, 2008, as security for payment of the aforesaid Note, Brian G. Fagan, a single man made, exe?uted and delivered to Wells Fargo Bank, NA a Mortgage in the original principal amount of $149190.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of thO Recorder of Deeds of Cumberland County on January 6, 2009, Instrument #200900355. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgag? is marked Exhibit "A", attached hereto and made a part hereof. 5. The aforesaid 4ortgage was amended and increased in principal amount of $149,703.88 pursuant to a certain Modification Agreement by and between Wells Fargo Bank, NA and Defendant, Brian G. Fagan, v?hich is unrecorded at this time. The terms of said modification set forth the interest rate at 4.625° with a new monthly payment and interest amount of $ 769.69 commencing September 1, 2011 land continuing thereon with the due date of obligation August 1, 2041. A true and correct copy of aid Modification Agreement is marked Exhibit "B", attached hereto and made a part hereof. Zucker, Goldberg & Ackerman, LLC XFP-164687 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 November 2011 payment, and pursuant to the terms of the aforesaid Mortgage, after written notice of said default to Defendant(s), the entire principal balance and accrued interest due thereunder has been accelerated] 7. Brian G. Fagan is he record and real owner of the aforesaid mortgaged premises. 8. On December 16? 2011, Defendant(s) were mailed a Notice of Intention to Foreclose Mortgage, in compliance with Ac? 6 of 1974,41 P.S. §101, et seq. 9. The amount due ?nd owing Plaintiff by Defendant(s) is as follows: Principal $149,297.22 Interest through 04/11/2012 $3,641.70 Escrow Advance $867.69 Late Charges $177.88 Inspection Fees $30.00 Total $154,014.49 plus interest on the principal sub ($149,297.22) at the daily per diem amount of $18.92 , and all other additional amounts authdrized under the Mortgage, actually and reasonably incurred by Plaintiff, including but not limiteO 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 suml 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 Noted in a bankruptcy proceeding, this action is in no way an attempt to re-establish such liability. Zucker, Goldberg & Ackerman, LLC XFP-164687 WHEREFORE, Plaintiff delmands judgment in mortgage foreclosure for the amount due of $154,014.49, with interest thereon at the daily per diem amount of $18.92 plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Dated: ZUCKER, GOLD, AC BY: L. Scott A. Di terick, Esquire; PA 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-164687/mme 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com THIS 1S AN ATTEMPT ? COLLECT A DEBT, AND ANY INFORMATION OBTAINED ILL BE USED FOR THAT PURPOSE. Zucker, Goldberg & Ackerman, LLC XFP-164687 T EXHIBIT A Zucker, Goldberg & Ackerman, LLC XFP-164687 eXW 13I T A ROBERT P. Z EGLER RECORDER O DEEDS CUMBERLAND COUNTY ICOURTHOUS SQUARE CARLISLE, P 17013 717-240-6370 Instrument Number - 20090035 Recorded On 1/6/2009 At 2:41:1 PM * Instrument Type - MORTGAGE Invoice Number - 34869 User ID - MBL * Mortgagor - FAGAN, BRIAN G * Mortgagee - WELLS FARGO B N A * Customer - KEYSTONE LAND * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $23.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $60.50 *Total Pages - 11 •• Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDER O /,)'7FWS r * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. IIIIiiuiiiiiw1111 '!P ,?. z a k_. .r ^??, " at ,# * 4b., ; a ?'>? ?µ11?IT ?p.. Prepared By: WELLS FARGO BANK, N.A. 111 CONTINENTAL DR, SUITE 114, NEWARK, AE 1.97130000 Return To: WFHM FINAL DOGS X99991-01M 1000 BLUE GENTIAN ROXD EAGAN, MN 55121 Parcel N umber: a 6 ?a (? ?7 rj - Q d? Premises: 705 W KELLER ST MECHANICSBURG - (Space Abuve'llLs Line For Recurding Datal 11ii til FFiA t ,. nt, Commonwealth of )Pennsylvania MORTGAGE _ THIS MORTGAGE ("St::urity Instrument") is given on DECEMBER 31, 2008 The Mortgagor is BRIAN G ! PAGAN, A SINGLE PERSON ("Borrower"). ThLs Security instrument is given to WELLS FARGO BANK, N. A. WELLS FARGO BANK, N.A. which is organized and existin under the laws of THE UNITED STATES and whose address is P.O. BOXI 11701, NEWARK, NJ 071014701 ("[ender"). [Borrower owes Lender the principal suns of ONE HUNDRED FORTY NIZE THOUSAND ONE HUNDRED NINETY AND 00/100 j. Dullars (U.S, $ ********149,190.00 NMFL #0642 WAFM) Rev 4124/2006 =,-4R FHA Pennsylvania Mo age - 4196 (PA) w5osi VMP mortgage somic-, 10 01- y4 IN -. This debt is evidenced by, Borrower's note dated the same date as this Security Instrument ("Note"), which provides for thonthly payments, with the hull debt, if trot paid earlier, due and payahle on JANUARY 01, 2039 This Security Instrument secures to Lender: (it) the rq)aymeut of the debt evidenced by the Note, with interest, and all renewals, extensions and utodificaticns of the Note; (b) the payment of all m her sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to the Lender the following descr bed property located in CUMBERLAND County, Pennsylvania: **SEE ATTACHED which has the address of 7051 W KELLER ST IStra•etl MECHANICSBURG ICrtyl, Pennsylvania 17055 l/it. G'Al ("Property Address"); TOGETHER WITH all the improvements flow or hereafter erected on the property, and sill easements, appurtenances and fixtures now or hereafter a part of the property. All replacements and additions shall also he covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Pro perty." BORROWER COVENA TS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant d convey the Property and that the Property is unencumbered, except tiff encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject t any encumbrances of record. T14IS SECURITY INSTRUMENT combines uniform covenants for national use and non-unitiorm covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. Borrower and Lender co errant and agree as follows: UNIFORM COVENANt1s. 1. Payment of Principa , 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 Nolte. 2. Monthly Payment o Taxes, Insurance and Other Charges. Borrower shall include in each nun+thly payment, together with the principal surd interest as set forth in the Note and any late charges, a sum for (a) taxes and speci• t assessments levied or to he levied against the Property, (h) leasehold payments or ground rents on tile Property, and (c) premiums for insurance required under paragraph 4, In any year in which the Lender must pay a mortgage insurance prerniusn to the Secretary of Housing and Urban Development ("Secretary"), or in any year in which such premium would have heen required if Lender still held the Security Instrument, each monthly payment shall also include either: (j?rr' nl for the L- -4R(PA) waoei+ue or 9 T annual mortgage insurance pre rriurrt to he paid by Lender to the Secretary, or (ii) a monthly cliargQ instead of a mortgage Lrsurance pret ium if this Security Instrument is held by the Secretary, in a reasoaahle amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items" and the wrrs paid to Lender are called "Escrow Funds." Lender may, at any time collect and hold amounts for Escrow bents ur an aggregate amount not to exceed the maximum amount lint may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et .secy. and implementing regulations, 24 CFR Part 3500, as they may be at vended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments arc available in the account may not be based on amounts due for the mortgage insurance premium. Ville amounts held by L rider for Escrow Items exceed the amounts permitted to he held by RESPA, Lender shall account to BOTH er for the excess funds as required by RESPA. if the amounts of funds held by Lender at any time are not sufficient to pity the Escrow Items when due, Lender may no ity the Borrower and require Borrowe 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 he 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 it foreclosure sale of the Property or its acquisition by Lender, Borrower's account sl all be credited with any balance retnair)ing for all installments for Items (a), (b), and (c). 3. Application of Paymonts. All payments under paragraphs 1 acid 2 shall be applied by Lender as follows: First, to the mortgage insurance premium to be paid by Leader to the Secretary or to the aconthiy charge by the Secretary instead; of (lie monthly mortgage insurance premiurtt; Second, to any taxes, spt?cial assessments, leasehold payments or ground rents, and fire, 11<x,d and otiter hazard insurance preiniums, as required; Third, to interest due under the Note; Fou t , to amortization o tare principal of the Note; and Fifth, to late charges due under the Note. 4, Fire, Flood and Other Hazard Insurance. Burrower shall insure all improvements ore die Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, or which Lender requires hrsurauue. This insurance shall be maintained in the amounts and for the perio s that lender requires. Borrower shall also insure all improvement's on the Property, whether now in exiS once or subsequently erected, against loss by floods to the extent required by the Secretary. All insuran e shall be carried with companies approved by Lender. The nisurat ie policies and any renewals shail be held by Lender and shall hwiude loss payable clauses in favor (if. 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 trot made promptly by Borrower. Each insuraricc company concerned is hereby authoria,ed 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 arnouuts 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 pplictition of the proceeds to the principal shall not extend or postpone the due date of the rrunnthly payt entti which are referred to in paragraph 2, or change the amount of such payments. Any excess insurai •e proceeds over an amount required to pay all outstanding indehtedne." under the Notc and this Securit Instrument shall he paid to the entity legally entitled thereto. -4R(PA) to60s! nor s of s O In the event of foreclosure of this Security Instrument or other transfer of tide to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in farce shall pass to the purchaser. S, Occupancy, Preserv tion, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Bo rower shall occupy, eStablish, and use the Property as Borrower's principal residence within sixty days offer the execution of this Security instrument (or within sixty days of it later sale or transfer of the Prorty) and shall continue to occupy the Property as Borrower's prinLipal residence for at least one year after the date of occupancy. unless Lender determines that requirement will cause undue hardship for orrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall nut commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear exec ted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Under 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 I,ender (or failed to provide Lender with any material information) in a nnection with the loan evidenced by (lie Note, including, but not limited to, representations concerning Bo rower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, orrower shall comply with the provisions of the lease. If Borrower accloires fee title to the Property, the le sehoid and fee title shall not he merged unless Lender agrees to the merger in writing. 6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in coauection with any condenur tion or other taking of any part of the Property, or for corrveyanLe 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 un aid under the Note and this Security itlStrUrnL'Itt. Lender shall apply .such proceeds to the reduction of he indebtedness under the Note and this Security Instrument, first to any delinquent atmounts applied inn the order provided in paragraph 3, and then to prepayineut of principal. Any application of the proceeds t 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 Lender's Rights in the Property. Borrower shall pay alt governmental or municipal chtrges, fines and impositions that are not included ill paragraph 2. Burrower shall pay these obligations on ime 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 ally 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 it, bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payrnernt of taxes, hazard insurance and of er items mentioned in paragraph 2. Any amounts disbursed y fender under this paragraph shall become as additional debt of Borrower au.d be secured by this Se urity Instrument. These amounts shall bear interest from the date of disbursement, at tine 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 Instrwncnt unless Borrower (a) agrees in writin to the payment of tine obligation secured by the lien in a manner acceptable to Lender; (b) contests in gc 'rd faith the lieu by, or defends against enforcement of the lien in, legal proceedings which in the Len per's opinion operate to prevent the enfuccemert of the lien; or fcj secure ??-4R(PA) ors.e) Pao. a MR from the holder of' the lien n agreement satisfactory to Lender suhordinating the lien to this Security Itstrument. If Lender determi es that any part of the Property is subject to a lien which may attain priority over this Security Instrument Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or norc of tine 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 Acceler tion of Debt. (a) Default. Lender y, 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 defa lts by failing to pay in full any mouthly payment required by this Security Instrument prior t) Or on the due date Of the next Monthly payment., or (ii) Borrower def ults by failing, for a period of thirty days, to perfimn any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval, bender shall, if permitted by applicable law (including Section 341(d) of to Garn-St. Germain Depositary Institutions Act of 1982, 12 U S.C. Mlj-31d)) and with the prior approval of the Secret uy, require IMMudiate payment in full of all sums secured by this ecurity Instrument if: (i) All or part o the Property, or a beneficial interest in a trust Owning all or part of this Property, is sold rr otherwise transferred (other than by devise or descent), and (ii) The Property is, not occupied by the purchaser or grantee as leis or her principal residence, or the purchaser or grantee does so occupy the Property but his or her credit has not been approved in acco ante 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 r ghts, it) the case Of payment defaults, to require immediate payment in full and foreclose if not aid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e) Mortgage Not Insured. Borrower agrees [liar if this Security instrument and the Note are not determined to be elf ible for insurance under the National Housing Act within 60 days from the elate hereof, Lender May, at its option, require immediate payment in full of all scuts secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof, declining to insure this Security Instrument and the Note, shall be deem conclusive proof of such ineligibility, Notwithstanding the fofegoitag, this option may not be xercised by Lender when (lie unavailability of insurance is solely due to Lender's failure to reknit a mortgage insurance premium to the Secretary. 10. Reinstatentent. Bor ower has a right to be reinstated if Lender has required immediate payment in toll because of Borrower's failure to pay an amount due under the Note or this Security htsnurnew. This right applies even after for closure proceedings are instituted. To reinstate the Security ltrstrunteut, Borrower shall tender in a lump sum all amounts required to bring horrowar', account cum.-iii including, to the extent they are oblig tions of Borrower under this Security instrument, foreclosure cosr.x mud raasortable and customary attorneys' fees and expenses properly associated with tite 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) ender has accepted reinstatement after the commencement of foreclosure proceedings within two years itrunediately preceding the cotrunemutnent of a curre rt foreclosure 4o-4RIPAf toeoe: a.u. a o+s proceeding, (ii) reinstatement will preclude foreclosure on different grounds in cite future, or (iii) reinstatement wil; adversely of uct the priority of the lien created by this Security instrument, 11. Borrower Not Released; Forbearance By Lender Not a Waiver, Extension of the time of payment or modification of amortization of the sums secured by this Security instrument granted by tender to any successor iii interest of orrower 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 tiny 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 exercise of any right or remedy, 12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. 'I he covenants and agreements of this Security It strutnent shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provi ions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower w xi co-signs this Security Instrument but does not execute the Note: (a) is co-signing Ellis Security Inst ment only to mortgage, grant and convey that Borrower's interest sir the Property under the terms of his Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instr ment; and (c) agrees that Lender and any other Borrower tnay agree to extend, modify, forbear or ma a any accommodations with regard to the terms of this Security Instrument or the Note without that Borro er's consent. 13. Notices. Any notice to Borrower provided for in this Security instrument shall be given by delivering it or by mailing it ly first class mail unless applicable law requires use of another method. The notice shall be directed to flit Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall he given by first class mail to Lender's address stated herein or ally address Lender designates by i otice to Borrower. Any notice provided tot in this Security Inatrutncnt shall be deemed to have been given o Borrower or Lender when given as provided in this paragraph. 14, Governing Law; Se erability. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in ich the Property is located. In the event drat any provision or clause of this Security Instrument or the Nut conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or t ie Note which can be given effect without the conflicting provision. To this end the provisions of this Seen ity Ittstniment and the Note are declared to he severable. 15. Borrower's Copy. B rrrower shall be given one conformed copy of the Note and of thiti Security 1 ustrument. 16. Hazardous Substan es. 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 he Property that is in violation of any Environmental Law, The preccdiug two sentences shall not apply to flit: presence, use, or storage on flit Property of small quantities of Hazardous Substances that are generally recognized to he appropriate to nornuil 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 goverrun ttal or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. ft Borrower learns, or is notified by any governm ntal or regulatory authority, that any removal or other renaediation 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 phmgra h 16, "Hazardous Substances" are those substances defiled as toxic or hazardous substances by Div ronmental Law and the fallowing substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides acid herbicides, volatile solvents, materials cuntxiriing ashestos or form ldehyde, and radioactive materials. As used in this paragraph 16, -4R(PA) iosos; a,oe e "Luviromnental Law" means ?O'nmental deral laws and laws of the jurisdiction where the Property is locoed that relate to health, safety or envi protection. NON-UNIFORM COVENANTS. Borrower and Lender tirrtlwr covenant and agree as follows: 17. Assignment of Ren . Borrower unconditionally assigns and transters 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 tenan 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 henetit of Lender aria Borro er. This assignment of rents constitutes an absolute assigruneut and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Burrower shall be held by Borrower as trustee fur hen tit of Leader only, to be applied to the sums secured by the Security Instrument; (b) Lender shall entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pry all rents due and unpaid to Lender or tender's agent on Lender's written demand to the tenant. Borrower has not execut d any prior assigtunent of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Property hefore or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver shay do so at any tirne there is a breach. Any a plication of rents s11311 not cure or waive any default or invalidate any other right or remedy of Lender. TI is assignment of rents of the Property shall terminate when flip debt secured by the Security Instrument is aid in full. 18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may foreclose this ecurity Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 18, including, hilt not limited to, attorneys' fee; and costs of title evidence. If the Lender's interes 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 tie Single Family Mortgage Foreclosure Act of 1994 ("Act") (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 shall deprive the Secretary of ally rights otherwise available to a Lender under this Paragraph 18 or applicable law. i 19. Release. Upon payment of all sums secured by this Security hhstrurrteat, this Security histrumeut and the estate conveyed shall terminate and hecomc void. After such uccurreuce, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any rccordauou costs. 20. Waivers. Borrower, to the extent permuted by applicable law, waives and releases any error or defects in proceedings to enforce. this Security Instrument, and hereby waives the henefit of any present or future laws providing for sur of execution, extension of rime, exemption from attachment, levy and sale. and homestead exemption. 21. Reinstatement Period. Borrower's time to reinstate provided in paragraph 10 shall extend to oue hour prior to the cuTrlnretlce ent of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 22, Purchase Money Mortgage. It any of the debt secured by this Security lustrumcnt i. Icnt to Borrower to acquire title to th Property, this Security Instrument shall he a purchase money mortgage 23. Interest Rate After Judgment. Borrower agrees that the interest rite payable after a judgment is entered on the Note or in all action of mortgage foreclosure shall he the rate payable from time to time under the Note. Init ne MAMPAI Ioscw PAQe 7 9 24, Riders to this Security Instrument. If one or more riders are, executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be iocorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security In, trurneut. JCheck app) icabte box(es)]. iJ Condominium Rider U Growing Equity Rider L- Other (spec.ityk U Planned Unit Developrrnt Rider ? Graduated Payment Rider BY SIGNING BELOW1 Borrower accepts and agrees to the teens contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: --- ?' - --- ---- ._ (Beak) G FA Borrower (.Seal? <}?+rruwcr riurreswer _ ._ (seal) -Burrower -(Seal) Borrawcr - (Seal) Hormucl (Seal) Rorrowcr -, (Seal) bbl r( I WC F APMA) M09; Pepe 8 0l S COMMONWEALTH OF P NSYLVANIA, On [his, 31ST di of DECEMBER personally appeared BRIAN FAGAN 0 et r ` County SS: 2008 before me, the utidcrsigaed officer, known to me (or satisfactorily proven) io he the person(s) whose name is/arel subscribed to the within instrument and acknowledged that helsheAltey executed (lie saute for the pu ses herein contained. IN WITNESS WHEREOF, 1 hereunto Set my hand and official seal. My Commission Expires: ? --- COMMONWF-'ALTHOFA INNSYLYANIA 140TARIAL 5 AL 1` C t%?-== -- VICKIE R. WELKERR. N 12ry Public Tlte pi Offit"r Camp Hill Born., Cum d 4c ull Certificate of Residence t do hereby certity that the correct addre,?s of the within-named lender is V-0- BOX 11701, NEWARK, NJ 071014701 Witness my hand this 31ST day of DEC ER 2008 Agcm +?r lender ® -4R(PA) iosoei Pace 9 of s c9 First American Title Insurance Company Commitment Number' SCHEDULE C PROPERTY DESCRIPTION Lhe land referred to in this Commitment 's described as follows: ALL THOSE CERTAIN two Lots of Ground situate on the south side of West Keller Street, in the Borough of Mechanicsburg, in the County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: LOT NO. 1: BEGINNING at a point on the south rn line of West Keller Street and at corner of Lot No. 27 on the hereinafter mentioned Plan of Lots; thence in a southerly direction along the line of said Lot No. 27, 200 feet to a point on the northern line of a 12 feet wide a ley; thence in a westerly direction along the northern line of said alley, 50 feet to a point at corner of Lot No. 2 on the hereinafter mentioned Plan of Lots; thence in a northerly direction along the line of said Lot No. 29, 20 feet to a point on the southern line of said West Keller Street aforesaid; thence in an easterly direction alon the said line of West Keller Street, 50 feet to a point, at the place of BEGINNING. BEING Lot No. 28 on a Plan of Loto known as GREEN ACRES, which Plan is recorded in the Recorder's Office in and for said Cumberland Countyin Plan Book No. a, Page 4. LOT NO. 2; BEGINNING at a point on the southern line of West Keller Street and at the corner of Lot No. 28 on the hereinafter mentioned Plan of Lots; thence in a southerly direction along the line of said Lot No. 28, 200 feet to a point on the northern line of a 12 feet wide alley; thence in a westerly direction along the northern line of said alley, 50 feet to a point at a corner of Lot No. 30 on the hereinafter mentioned Plan of Lots; thence in a northerly direction along the line of said Lot No. 30, 200 feet to a point on the southern line of West Keller Street aforesaid; thence in an easterly dir ction along the said line of West Keller Street, 50 feet to a point, at the place of BEGINNING. BEING Lot No. 29 on a Plan of Lot known as GREEN ACRES, which Plan is recorded in the Recorder's Office in and for said Cumberland County in Plan Book 4, Page 4. BEING the same as Tax Parcel Number 20-24-0785-007. BEING the same premises which J hn W. Shanabrook and Mildred C. Shanabrook by deed dated January 25, 2003 and recorded March 4, 2003 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 255, age 4818, granted and conveyed unto The John W. Shanabrook and Mildred M. Shanabrook Revocable Living ,rust. ALTA Commitment Schedule C (08520108520/16) EXHIBIT B Zucker, Goldberg & Ackerman, LLC XFP-164687 acr??S?r Wells Fargo Flome Mortgage MAC X9999 01N 2101 Wells I'argo Way Minneapoks, MiN 55467 LOANiMODIFICATION AGREEMENT LOAN?NUMBER PROP RTY ADD .S 705 W Keller St Mechanicsburg PA 17055 THIS LOAN MODIFICATION'AGREEMENT ("Agreement"), made on June 13, 2011, by and ?etween Brian G Fagan and and (the "Borrower (s) r') and Wells Fargo Bank, N A (the "Lender", together with the Borrower(s), the "Parties"). WITNESSETH WHEREAS, Borrower has requested and bender has agreed, subject to the following terms and co ditions, to a loan modification as follows: NOW THEREFORE, in consideration of the covenants hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by tho Parties, it is agreed as follows (notwithstanding anything to the contrary in the Note and Security Instrument dated 12/31/2008.) 1. BALANCE. As of Jun 13, 2011, the amount payable under the Note and Security Instrument (the "Unpaid Principal Balance") is U.S. $ 144,758.31. 2. EXTENSION. This Agreement hereby modifies the following Lerms of Lhe Note and Security Instrument described herein above as follows: A. The current contractual. due date has been extended from 04-01-11 to 09/01/2011. The first modified contractual due date is on 09/01/2011. B. The maturity date has been extended from 01-39 (month/year) to 08/01/2041. C. The amount of interest to be included (capitalized) will be U.S. $ 3,39; .75. 't'he amount of the Escrcfw Advance to be capitalized will be U.S. $1,649.48. The amount of Recoverable Expenses* to be capitalized will. be U.S. $0.00. The modified Unpaid Principal Balance is U.S. $ 149,703.88- * Recoverable Expense may include, but are not :Limited to: Title, Attorney fees/costs, PO/Appraisal, and/or Property PreservaLion/ Property Inspections D. The Borrower(s) promises to pay the Unpaid Principal Balance plus irttere.;t, to the order of the Lender-- Interest will be charged on the unpaid Principal Balance of U_S. $ 149,703.88. The Borrower(s) promisen to make monthly payments of principal and interest of U.S. $ 769.69, at a yearly rate of 4.,625%, not including any escrow deposit, if applicable. If on the maturity date the Borrower(s) still owes an amount under the Note and Se unity instrument, as amended by this Agreement, Borrower(s) will pay his amount in full on the maturity date. LM521/KSD/1 Together we'll go far Wells Frnuo I tome Mortgage is a cl -sioo of Wells Fargo 8{nk. N.A. _ .a +wr r ^? ?,?:,. ,? ,.t; Wells Faryo Home Mortgage MAC X9999-01N 2701 Wells -'aryo Way T'dinncepuGs, 1viN 5S4B7 E. Borrower agrees that certain amounts owed will not be capitalized, waived, or addressed a part of this Agreement, and will remain owed until paid. These amou is owed are referenced in the Cover Trettc-r to this Agreement, which 's incorporated herein, and are to be paid with the return of this executed Agreement. If these amounts owed are not paid with the return or this executed Agreement, then Lender may deem this Agreement void. 3. NOTE AND SECURITY INSTRUMENT- Nothing in this Agreement. shall he understood or construe to be a satisfaction or release, in whole or in part of the Borrower's' obligations under the Note or Security Instrument. Further, except as otherwise specifically provided in this Agreement, the Note and Security Instrument will remain unchanged, and Borrower and Lender will be bound by, and shall comply with, all of the terms and provisions thereof, as amended by this Agreement. 4. The undersigned Bo rower(s) acknowledge receipt and acceptance of the Loan Modification Settlement Statement. Borrower(s) agree with the information disclosed in and understand that I/we am/are responsible for payment of any outstanding balances outlined in the Loan Modification Settlement. 5. The undersigned B rrower(s) acknowledge receipt and acceptance of Lhe Borrower Acknowledgements, Agreements, and Disclosures Document. (HAAF)) 6- If included, the undersigned Borrower(s) acknowledge receipt and acceptance of the Truth in Lending statement. 7. Tf included, the undersigned Borrower(s) acknowledge receipt and acceptance of the Spe ial Flood Hazard Area (SFHA). 8. That (he/she/they) (is/are) the Borrower(s) on the above-referenced Mortgage Loan serviced by wells Fargo Bank, N A. That (he/she/they) ha?e experienced a financial `iardship or change iii financial. ciscumstanc s since the origination of (hi.s/he.r-/t.heir) Mortgage Loan. That (he/she/they) did not intentionally or purposefully default on the Mortgage Loan in orde? to obtain a loan modification. LM521/KSD/2 Together we'll go far Wells Faryo Hcme Mortgage Is a division of Wclls Fargo Bbnk, N.A. A t 0 ' , Wells Fargo Home Mortgage MAC X999Sa OlN 2701 Wells =ergs Way CORRECTION AGREEMENT. he undersigned borrower(s), for and in consideration of the-a proval., closing and funding of this Modification, hereby grants Wells Fargo Bank, N A, as lender, limited power f attorney to correct and/or initial all typographical or cleri al errors discovered in the Modification Agreement required to ?e signed. In the event this limited power of attorney is exercised,Ithe undersigned will be notified and receive a copy of the document' executed or initialed on t=heir behalf. This provision may not be used to modify the interest rate, modify the term, modify the outstanding principal balance or modify the undersigned's monthly principal and interest payments as modified by this Agreement. Any of these specified changes must be executed directly by the undersigned. This limited power of attorney shall automatically terminate in 120 from the closing date of the undersigned's Modification. - (Borrower(s) initial) IN WITNESS WHEREOF, tYIe Parties hereto have executed this Agreement as the date first above v?ritten. By signing this Agree*nt I hereby consent to being contacted concerning this loan at any cell lar or mobile telephone number I may have. This includes text message and telephone calls including the use of automated dialing systems to contact my cellular or mobile telephone. You will not. be billet by your cellular or mobile carrier for any text messages you may receive from Wells Fargo, however, any calls we place to your cellular or m bile phone will incur normal airtime charges assessed by your mobi e carrier. Dated as of this % day of j&Ioe_ 2O_ZL. Brian ?ag?a?n signature Signature Wel ls` 'V`argo Bank, N Al N - U& Halimo dem WMa. UCWU Name : entlim entation ow % am ptle 16,!01! Tts: _ LM527/KSD/3 ff ??\l t (L V Together we'll go far q , Wells Fau o Home Mort a e is a division of Wells Fargo B IN A. 41; 1 / VERIFICATION Brent Alban, hereby':,states tha he/ he is Vice President Loan Documentation of WELLS FARGO BANK, 14 A., plaintiff or mortgage servicing agent for plaintiff in this matter, that&he is authori, zed to make this Verification, and verify that the statements made in the foregoing CivillAction in Mortgage Foreclosure are true and correct to the best o is her information 4nd belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsification to authorities. f Name: Brent Alban DATE: `f 12 2?1 Title: Vice President Loan Documentation 032-Pit-V3 File #: X P-161687 T WELLS FARGO BANK, N.A., Plaintiff(s) vs. ..a IN THE COURT OF COMMON PLEAS a CUMBERLAND COUNTY, PENNSYLVKN- Brian G. Fagan; Deferndant(s) V Civil v. ? -l :y N -- NOTICE OF RESID)ENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with aforeclosure complaint that could cause you to lose your home. If you own and live in the res dential property which is the subject of this foreclosure action, you may be able to participate in a court-supe ised 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 toy you. Once you have been appointed a legal representative, you must promptly meet with that legal represe tative within twenty (20) days of the appointment date. During that meeting, you must provide the legal r presentative with all requested financial information so that a loan resolution proposal can be prepared o your behalf. If you and your legal representative complete a financial worksheet in the format attached he o, 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 o and a conciliation conference is scheduled, you will have an opportunity to meet with a represents ive 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 eligible for a conciliation conferenc appointment of a legal representative, information so that a loan resolution I a financial worksheet in the format at Conference with the Court, which mr the foreclosure complaint. If you do opportunity to meet with a representa with your lender before the mortgage IF YOU WISH TO SAVE STEPS REQUIRED BY THIS N( v a FORM I twyer, you and your lawyer must take the following steps to be It is not necessary for you to contact MidPenn Legal Service for the However, you must provide your lawyer with all requested financial oposal can be prepared on your behalf. If you and your lawyer complete ,shed hereto, your lawyer will prepare and file a Request for Conciliation t be filed with the Court within sixty (60) days of the service upon you of ) and a conciliation conference is scheduled, you will have an ve of your lender in an attempt to work out reasonable arrangements oreclosure suit proceeds forward. HOME, YOU MUST ACT QUICKLY AND TAKE THE THIS PROGRAM IS FREE. FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST F R HARDSHIP ASSISTANCE To complete-your request fo hardship assistance, your lender must consider your circumstances to determine ossible options while working with your Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes E] No E] Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ? No ? Mailing Address (if different: _ City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: Mailing Address: City: Phone Numbers: Email : # of people in household: First Mortgage Lender: _ Type of Loan: Loan Number: Second Mortgage Lender: Type of Loan: _ Loan Number: Total Mortgage Payments Date of Last Payment: _ Primarv Reason for Default: How long? Home: Cell: State: Zip: How long? Date You Closed Your Loan: count: $ Included Taxes & Insurance: Office: Other: Is the loan in Bankruptcy? Yies ? No ? If yes, provide names, location of court, case number & attorney: Assets- Elmo 'nt Owed: Value: Home: $- _- $ Other Real Estate. $ $ Retirement Funds: $ _ $ _ Investments: $ $ _ Checking: $ _ - $ Savings: $ - $ _ Other: $ ? $_ _ Automobile #1: Mod el: Year: Amount owed: _ Value: Automobile #2: Mod el: Year: Amount owed: Value: Other transportation autom biles boats motorcy cles): Model: Year: Amount *d: Value Monthly Income Name of Employers: 1. ? 2. 3. Additional Income Descripti 1. -monthly, 2. -monthly Borrower Pay Days:l? Monthly Expenses: (Please (not wages): Dunt: Co-Borrower Pay Days: include expenses you are currently paying) EXPENSE AM T EXPENSE AMOUNT Mortgage Food 21° Mortgage Utilities Car Pa ment s Condo/Nei . Fees Auto Insurance Med. not covered Auto fuel/repairs Other prop. payment ..- Install. Loan Payment Cable TV Child Su ort/Alim. Spending Money Day/Child Care/Tuit. Other Expenses Amount Available for Mon Have you been working i YesE] No ? If yes, please provide the Counseling Agency: Counselor: Phone (Office): Mortgage Payments Based on Income & Expenses: a Housing Counseling Agency? owing information: Fax: 2 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ? No ? If yes, please indicate the sta?tus of the application: Have you had any prior negdtiations with your lender or lender's loan servicing company to resolve your delinquency`s Yes ? No ? If yes, please indicate the sta?us of those negotiations:_ Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: 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 Uwe am/are der no obligation to use the services provided by the above named Borrower Signature Co-Borrower Signature Please forward this do( lender's counsel: Proof of income Date Date along with the following information to lender and Past 2 bank statements Proof of any expected income for the last 45 days Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement (if property is currently on the market) FORM 3 WELLS FARGO BANK,; N.A., Plaintiff(s) VS. Brian G. Fagan; Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL FOR CONCILIATION CONFERENCE Pursuant to the Admostrative Order dated .2012 governing the Cumberland County Residential Mortgag Foreclosure Diversion Program, the undersigned hereby certifies as follows: I . Defendant is a owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant liv?s in the subject real property, which is defendant's primary residence; 3. Defendant h been served with a "Notice of Residential Mortgage Foreclosure Diversion Pro am" and has taken all of the steps required in that Notice to be eligible to p icipate in a court-supervised conciliation conference. The undersigned verities 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 unsworn falsification to authorities. Signature of Defendant's C unsel/Appointed Date Legal Representative Signature of Defendant Signature of Defendant Date Date FORM 4 WELLS FARGO BANK, N.A.,? Plaintiff(s) VS. Brian G. Fagan; Defendant(s) AND NOW, this the above-captioned residential r Conciliation Conference verifyir Administrative Rule requiremen ORDERED AND DECREED th 1. The parties and their conciliation Conferer IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. day of , 20 , the defendant/borrower in ?rtgage foreclosure action having filed a Request for that the defendant/borrower has complied with the for the scheduling of a Conciliation Conference, it is hereby ansel are directed to participate in a court-supervised on at M. in the Cumberland County Courthouse, Carlisle, Pennsylvania, 2. At least twenty-one (41) 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 Co?rt. the case shall be removed from the Conciliation Conference schedule and the ten 3. The defendant/borro Conference in perso: either attend the Cor during the course of plaintiff/lender who actual authority to re plaintiff/lender must iry stay of proceedings shall be terminated. and counsel for the parties must attend the Conciliation and an authorized representative of the plaintiff/lender must iliation Conference in person or be available by telephone ie Conciliation Conference. The representative of the irticipates in the Conciliation Conference must possess the oh a mutually acceptable resolution, and counsel for the 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 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore ail 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; 4d the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, I SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OFFICE Sheriff _ur THE PROTHONOTAR)' Jody S Smith Chief Deputy Richard W Stewart Solicitor 0614" of um bell"*# OFPCE OF --E E-fFrrF 2012 MAY 22 AM 9: 09 CUMBERLAND COUNTY PENNSYLVANIA Wells Fargo Bank, NA VS. Case Number Brian G. Fagan 2012-2778 SHERIFF'S RETURN OF SERVICE 05111/2012 04:44 PM - Ryan Burgett, Deputy Sheriff, who being duly swum according to law, stag that on May 11, 2012 at 1644 hours, he sewed a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Brian G. Fagan, by making known unto himself personally, at 705 W. Keller Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. M RYAN BURGETT, DE SHERIFF COST: $38.00 May 17, 2012 SO ANSWERS, (jZ' RON R ANDERSON, SHERIFF (c) County&dte Sheriff, Telemft, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cl) e G Wells Fargo Bank, N.A., CIVIL DIVISION ?;v x 'r r" „ Plaintiff No.: 12-2778-CIVIL Co ca 3;0 C? Vs. ISSUE NUMBER: ?Q? 3> Z Brian G. Fagan; TYPE OF PLEADING: o Defendant(s). Mortgaged Premises: 705 West Keller Street, Mechanicsburg, PA 17055- 3738 PRAECIPE FOR ENTRY OF JU PIT BY (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-164687 ILT OLM4 islu. opa Ofi ??, ? 3 yap r-) L,. a $sas Praecipe for Entry of Judgn Zucker, Goldberg & Ackerman, X? ?6A oe *&j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAMIIA? Wells Fargo Bank, N.A. VS. Brian G. Fagan; CIVIL DIVISION Plaintiff, NO.: 12-2778-CIVIL Defendant(s). PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT (MORTGAGE FORECLOSURE) TO: PROTHONOTARY Please enter judgment, in mortgage foreclosure (in rem only), in the above-captioned case in favor of Plaintiff and against Defendant(s), for failure to file a response to Plaintiffs Complaint within the appropriate time limits from service thereof, and assess Plaintiff's damages as follows: Amount as set forth in Complaint $154,014.49 Interest from Complaint date through 07/10/2012 $1,683.88 Late Charges $61.58 TOTAL $155,759.95 plus interest on the judgment amount ($155,759.95) from July 11, 2012, at the statutory rate and for foreclosure and sale of the mortgaged premises. I hereby certify that the defendant's last known 705 West Keller Street address is: Mechanicsburg, PA 17055- 3738 Dated: ,i1) iii ZLICWR,GOLBE & AC KERMAN, LLC J an, 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-164687 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 23L-8500; (908) 233-1390 FAX Email: @z o .com DAMAGES ARE HEREBY ASSESSED AS INDICATED Date BY: [f Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. VS. Brian G. Fagan; CIVIL DIVISION Plaintiff, NO.: 12-2778-CIVIL Defendant(s). AFFIDAVIT OF NON-MILITARY SERVI1CE AID CERTWICATE OF MAHJNG 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 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. Z . KER, GOLBERG & ACKERMAN, LLC Dated: BY: FH/ Joel A. Acker an, ; A I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Jaime R. Ackerman, Esquire; PA I.D. #311032 Attorneys for Plaintiff XFP-164687 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 T ' (L day of 20 ( Z N ry Public My Co ssion Expires: EDWARD J. SCHWAHL II Commission # 2383239 Notary Public, State of New Jersey My Commission Expires March 09, 2014 Zucker, Goldberg & Ackerman, XFP-164 Department of Defense Manpower Data Center Results as or: .10-10-201 :D11:36:21 S RA 2.2.1 ft" 40 PWNNM Replalrt to ervicrattF.11111.?t Qvff Relief Ad Last Name: FAGAN First Name: BRIAN G Active Duty Status As Of: Jul-10-2012 Aesr. cwy>perl crte AeM C?cytiw4 Me titer ?olnlK 13a AY?tra?agr Gn Arfw tl??MiWetfrM. NA NA No NA This remp, reAaea IM k0ft" acM d" sake based on do AaM Duty status Derv h>wri'tilair?wraln »rl??Ilrrra arw NeywtfelkrirtElw ,weti?w euptend eve awn. eerwelr Wnwaara NA NA No NA Tldt response re8eca where tiro kMlvidual MR active duty status w*M 387 deya preoedng tie Active Duty Status Date 7hs AMcapr errtiUNer lint lyat titolMed d a FusAS CrWp le Aotisa flub en Aatiw Dub agttus Ocga Drdsr No-0, -, hart Dale ordw "coo"" En/ bete eUhe 8enow Gbnipsrrent NA NA No NA This response rolleea whether tie indkid al or NOW unti hat received ery noNmUn b report far active duty Upon searchirV the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAH, Public Healt Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. 7 and of Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 4600 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 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 kno as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any fa ily member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled ti i 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 "defensslink.mir URL: http:/A~.deferooft.mWfaglpWM09SLDR.html. If you have evidence the person was on active duty for the active duty s date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521( ). This response reflects the following Infometion: (1) The individuars 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 histher 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 acute duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members meat be assigned against an authorized mobiNmtlon position the unit they support. This Includes Navy Training and Administration of the Reserves (TAR*), Marine Corps Active Reserve (ARs) and Coast Guard Re e Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U. S. Public HeaHh Service or the National Oceanic and Atmospheric Administration (NOM 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 acute duty for purposes of the SCRA who would 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 per . Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(dj(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 vice. 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 hs not actually begun active dirty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the CRI 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 oertiAcato 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: 7DMBRTV7JK IN THE COURT OF COMMON PLEAS OF CUMKRLAND COt TY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, NO.: 12-2778-CIVIL VS. Brian G. Fagan; Defendant(s). NOTICE OF ORDEiii, DECREE OR JUDGMENT TO: Brian G. Fagan 705 West (teller Street Mechanicsburg, PA 17055-3738 [ ] Plaintiff [y] Defendant [ ] Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on s? XS 41 , -,,% V ;?- [ ] A copy of the Order or Decree is enclosed, or [d] The judgment is as follows: $155,759.95 plus c Prothonotary Zucker, Goldberg & Ackerman, XFP-164 31 ! 'S DICE OF CU lt.l?iQ COUNTY RAndomm FILED-OFFICE C;r THE PROTHONOTARY .sr s spa c Dw* moMnl w s Mcibr o?+ce oss? 2012 MAY 22 AM 9: 09 CU PMi?RJ,IdIQ,AQtM?TY rrma1?v ?A V%ft FWV* bw r, NA V& cow M Mr eA., a. fir, 2042.2"8 05MIG M2 - ?.?+ o ? sn ? w!a r.wera Nw, atNw??ita?t M?qr 11, X112 rt 1114 mss, hrs?walatla ar+c'a Fem. w+r+r+ a.aar rr, a «?r te a. by ri+wms mom oft +ww..?r ?, ac W. MarMr?r?rt ?a aaa>ws ?a ow" *no b tin o..?y w. sMd Via. snd aarrat a?a???N• sra.. SHOW COST. $WOO Msy 17, 2012 90 ANSVAM, 40? ?• 4 (WCougiWb SNWWI Townt Mo. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. Plaintiff, CIVIL DIVISION VS. Orion G. Fagan TO: Brun G. Fagan M WAnt KeRw 8ltrost MsalMM*burg, PA 17065-3738 DATE OF NOTICE: 6/26/2012 NO.: 12-2778-CIVIL 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 Cram Cwt Bar Association Cumborkwul County Bar Association 32 ib. da*vrd Street 32 & 0 din I Blrset C.srH** PA 17013 C , PA 17013 Phone to" "04106 Phone WO) 9i!fl-8108 (717) 249.3166 (717) 249-3166 Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Woft Fargo Bank, N.A. Plaintiff, CIVIL DIVISION VS. Brian G. Fagan TO: Brian G. Fagan 705 Murat KeNer Street Mod niesrburg, PA 170554738 Defendant. NO.: 12-2778-CIVIL AVISO IMPORTANTE FECHA DEL AVISO:6/26l2012 LISTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROMMOS DMZ (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'PROPMDAD Y OTROS DERECHOS IWORTANTES. USTED DEBE LLEVAR ESTE DOCUNiENTO 5WEDIATAIENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR LINO, VAYA O LLAME LA OFIC I A ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE TO DEFEND & LAWY'ERREFERRAL SERVICE Cumbergnd County Bar Association Cumberland County Bar Association 32 S. Bedford Sheet 32 S. Bedfwd Steet Ca Moo-, PA 17013 Carlisle, PA 1T013 Phone (848) 4l114108 Phone (90) 490-8108 (717) 24"166 (717) 244-3166 ZUCKER, GOLDBERG &ACKERMAN BY: fto A. 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 164687 f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. : CIVIL DIVISION Plaintiff, ..)) NO.: 12-2778-CIVIL vs. Brian G. Fagan; • - � Defendant. %-" •-n C") 3�.y PRAECIPE TO WITHDRAW DEFAULT JUDGMENT -t - Please mark the Default Judgment filed at the above-captioned term and number WITHDRAWN, without prejudice. Respectfully Submitted: ZUCKER, GOLDBERG &ACKERMAN, LLC BY: ZAA .�I Scott A. D -t erfck, squire; PA I.D. #55650 Kimberl A. Bonner, Esquire; PA I.D.#89705 Joel A.Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D.#306799 Ralph M. Salvia, Esquire; PA I.D.#202946 Jaime R.Ackerman, Esquire; PA I.D.#311032, Attorneys for Plaintiff XFP-164687/11 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX G04 4g* 611-11. SSO66, a9`7 3 41 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, • vs. NO.: 12-2778-CIVIL Brian G. Fagan; • Defendant. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Praecipe to Withdraw Default Judgment was served on the following this of , 2013,via First Class U.S. Mail, Postage Pre-Paid: Brian G. Fagan 705 West Keller Street Mechanicsburg, PA 17055-3738 Respectfully Submitted: ZUCKER, GOLDBERG & KERMAN, LLC BY: Scott A. 4 ietterick, Esquire; PA I.D.#55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Joel A.Ackerman, Esquire; PA I.D.#202729 Ashleigh L. Marin, Esquire; PA I.D.#306799 Ralph M. Salvia, Esquire; PA I.D.#202946 Jaime R.Ackerman, Esquire; PA I.D. #311032 Attorneys for Plaintiff X F P-164687/11 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A., CIVIL DIVISION Plaintiff No.: 12-2778-CIVIL ern ,y C-- r.0 L. vs. ISSUE NUMBER: Brian G. Fagan; TYPE OF PLEADING: -- Defendant(s). PRAECIPE FOR ENTRY OF JUDGMENT BY 66AUT (MORTGAGE FORECLOSURE) Mortgaged Premises: 705 West Keller Street, Mechanicsburg, PA 17055- FILED ON BEHALF OF: 3738 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 Jana Fridfinnsdottir, Esquire- Pa I.D.#315944 Brian Nicholas, Esquire- Pa I.D.#317240 Denise Carlon, Esquire- Pa I.D.#317226 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 (908)233-8500 Atty File No.: XFP-164687 la a� r 3win Praecipe for Entry of Judgment Zucker,Goldberg&Ackerman,LLC po� X1 4687 , FP-Lt 11 � IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, vs. NO.: 12-2778-CIVIL Brian G. Fagan; Defendant. PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT(MORTGAGE FORECLOSURE) TO: PROTHONOTARY Please enter judgment, in mortgage foreclosure(in rem only), in the above-captioned case in favor of Plaintiff and against Defendant's), for failure to file a response to Plaintiff's Complaint within the appropriate time limits from service thereof, and assess Plaintiff's damages as set forth in Complaint: Amount as set forth in Complaint $154,014.49 plus interest on the judgment amount ($154,014.49)from April 12, 2012, at the statutory rate and for foreclosure and sale of the mortgaged premises. I hereby certify that the defendant's last known 705 West Keller Street address is: Mechanicsburg, PA 17055- 3738 f�� l� ZUC ER, GOLBERG &ACKERMAN, LLC Dated: BY; Joel A.A erman, squire; PA I.D.#202729 Ashleigh L. Marin, Esquire; PA I.D.#306799 Jaime R.Ackerman, Esquire; PA I.D.#311032 Attorneys for Plaintiff XFP-164687 200 Sheffield Street,Suite 101 Mountainside, N1 07092 (908)233-8500; (908) 233-1390 FAX Email: Office @zuckergoldberg.com DAMAGES ARE HEREBY ASSESSED AS INDICATED Date Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, VS. NO.: 12-2778-CIVIL Brian G. Fagan; Defendant. AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT STATE OF NEW JERSEY SS: COUNTY OF UNION I, the undersigned attorney for the plaintiff in the above action, being duly sworn according to law, do hereby depose and say that the statements made herein are true in and correct to the best of my knowledge, information, and that: 1) The Defendant is not in the military service of the United States of America to the best of my knowledge, information and belief as evidenced by the attached copies; 2) The Notice of Intent to take Default Judgment was mailed in accordance with Pa. R.C.P. 237.1 and that the time limits provided for that notice have expired. ZUCKER,GOLBERG &ACK6RMAN, LLC Dated: l�a a.�I� BY: Joel X Ackerman, Esquire; PA I.D.#202729 Q' Ashleigh L. Marin, Esquire; PA I.D.#306799 Jaime R.Ackerman, Esquire; PA I.D.#311032 Attorneys for Plaintiff XFP-164687 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908)233-8500; (908) 233-1390 FAX Email: Office @zuckergoIdberg.com Sworn to and subscribed before me This &72—day of ' 20 / Notary Public My Commission Expires: Cheryl Debeneadto Notary Public My Comm. Expires Oct. 16,2014 ID#2280276 State of New Jersey Zucker,Goldberg&Ackerman, LLC XFP-164687 Department of Defense Manpower Data Results as of:Jan-14-201406:36:52 Center SCRA 3.0 State I-MI Pursuant to Servicemembers Civil Relief Act Last Name: FAGAN First Name: BRIAN Middle Name: G Active Duty Status As Of: Jan-14-2014 Status Date . Active Duty Start Date• Active DU 'IE` D to-"� Statue SetNiDm' NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date -Left Active 367 Da of Activa:Du ' bIs Data Active Duty Start Date Active Duty End Da T r ta;`� ' Statue ServicdComponent NA I NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Merrlber'or*As u' ti V` 'otll Mdkik tt l= 're d"'to to Active Du on Active, tus Date., Order Notification Start Date. Order Notifloat oq End Dam' Status Service°Con ponent NA NA No NA This response reflects whether the Individual or his/her unit has recelved early notiftcation 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. At ,r+ Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:hftp://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA maybe invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service 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 not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: N617022DO087960 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, VS. ' NO.: 12-2778-CIVIL Brian G. Fagan; Defendant. NOTICE OF ORDER, DECREE OR JUDGMENT TO: Brian G. Fagan 705 West Keller Street Mechanicsburg, PA 17055-3738 [ ] Plaintiff [V] Defendant [ ] Additional Defendant You are hereby notified that an rder, Decree or Judgment was entered in the above captioned proceeding on [ ] A copy of the Order or Decree is enclosed, or , [V] The judgment is as follows:$154,014.49 plus co ts. Prothonotary Zucker,Goldberg&Ackerman, LLC XFP-164687 SHERIFF'S OFFICE OF CUMBERLAND COUNW Ronny R Anderson FILED-G t F I C : SherftP` r THE PROTHO?�OTruRY Joey s smith L4tl,,r of taebxr �b Chiefoeptry ; 2012 MAY 22 AM 9: 09 Richard W Start CUMBERLAND COUNTY Solic#or �usecccx e+ � PENNSYLVANIA Wails Fargo Bank,NA VS. Case Number Brian G. Fagan 2012.2778 SHERIFF'S RETURN OF SERVICE 05!1112012 04:44 PM-Ryan Burgett,Deputy Sheriff,who being duly swam according to law,suss that on May 11, 2412 at 1641 hours,he served a true copy of to within Complaint in Mortgage Foreclosure, upon the within warned do*KWM,to wit:Orion G.Fagan,by making known unto himself personally,at 705 W. Ksiler Street,Mechanicsburg,Cuniberland County,Pennsylvania 17055 ib contents and at the same tune handing to him personally the said true and correct copy of the same. RYAN BURGETT,DE SHERIFF COST:$38.00 SO ANSWERS, May 17,2012 RONNY R ANDERSON,SHERIFF (c)0"IyStFN POW,NNW.ire. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, vs. NO.: 12-2778-CIVIL Brian G. Fagan Defendant. IMPORTANT NOTICE TO: Brian G. Fagan 705 West Keller Street Mechanicsburg, PA 17055-3738 DATE OF NOTICE: 6/19/2013 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, vs. NO.: 12-2778-CIVIL Brian G.Fagan Defendant. AVISO IMPORTANTE TO: Brian G.Fagan 705 West Keller Street Mechanicsburg, PA 17055-3738 FECHA DEL AVISO:6/19/2013 USTED ESTA EN REBELDL4 PORQUE HA FALLADO DE TOMAR LA ACCION REQUEREDA 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 SUVA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS Hv2ORTANTES. USTED DEBE LLEVAR ESTE DOCUNIENTO R,11+IEDIATAh ENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. 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 ZUCKER,GOLDBERG &ACKERMAN BY: $cclt A. D letterldc Scott A. Dietteri ck,Esquire Attorneys for Plaintiff PA I.D. # 55650 200 Sheffield Street, Suite 301 P.O. Box 1024 Mountainside,NJ 07092-0024 (717) 5 33-356 0 FIRST CLASS U.S. MAIL, POSTAGE PREPAID 164687 `L Y COUR BAN UYNSSYLV ANIA D ST p'TES CT OF YE F IN TKEE M D LE DIST� 0 12 bk-04339 MD FCRTK CASEN �, CHAPTER � IN Debtors. No en B t A G.F PG NS •. Related to Docua R1 N Date and T'n'e BANKN.A• ', hearing WELLS FARGo M°vans and GAN, TERM TRUSTEE, p,. A RDER OF URT o Bank,N toaatic BRIAN C''F Ilaller C11 P �� Farg A and Leon espondents o tic Stay filed by an ecd and that-he u R the putoaa Ain and to the ED,that the Motion is Relief fr°Yt' o Bank,N' 1'1055. DECD W ells Farg nkapt0y Procedure the M°1vDC,ED AND °f et'Mechan�csbUrg�),A the interes stye Ba order granting U on consideYatio�° D� it affects eStl{eller °f P decal Rule of this tel3i l ed e 105 W wit�c ecase upon entn' it is hereby O� is aced at Hance d hereby loc co p nt bad y Stay be an of the Debtor at further p Real prop o ant requests that in the to b.valved as to . Stay of Section 362 3002.1 autoa rel i ef froa the BY to,court, 12 red 0811011210:08: paced August 10,2 Filed p8110Page 1 ofi 1 4339"MpF pMa�Oorument Case 1:12"ak 0 `erts Cleated 811012012 aeG%P date Not��e �sreltoa 0 t016% p3,0339 kb cOm cast net T Pti , @ pO�cO� pC Case. o4-s°t"ee iva„et°lr°teel WD '0" YA��p55 01 eelvNevts %., tj�ck G C°rre� CenteC� ao�csbuc� Rty �beY�y�'B tptc eC St eepg T,�ecb aty t°the C('wall 5 �ectptents suBran G•Fagan ab 2 Entete �,1 1 Fg1e a Re�O'P ants page of case Pxmux..'. Page INFOCON Corporation PA-CUMBERLAND prothonotary t 111412014-9.23 AM pockets Filed Functions Lase p12-02778 MORTGAGE FOREC ENTER REAL PROPER GAN BRIAN G GE UP WELLS FARGO BANK N A tvsl FA PA PAGE DOWN of position to Page: DONE EXIT Description Y SERVICE AND CERTIF gel pate NON MILITAR GMENT EMAIL 07127112 FFIDAVIT C TO TAKE DEFAULT JUD NOTICE Of INTENT BACK ES(� _ ESQ DEFAULT JUDGINENTI 07127112 IMPORTANT NOTICE FILED ESQ ESQ W DEFAULT JUDGMENT-B PRAECIPE TO V111THDRA 10125113 FOR PLFF Bottom 1/14/2' 'asp)( ..,..,w.infoconcountyacces s,com/CAS I Public nquiries/dews/CAXPY Views/pY5510D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION • File No. 12-2778-CIVIL Wells Fargo Bank, N.A., Amount Due $154,014.49 Plaintiff, • Interest from 04/12/2012 to date of sale $19,835.70 vs. • Costs `-y Brian G. Fagan; • ; -. Defendant. • • G' ---k 'v; • • c) tnlm TO THE PROTHONOTARY OF THE SAID COURT: ' The undersigned hereby certifies that the below does not arise out of a retail installment sale,contract of account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue Writ of Execution in the above matter to the Sheriff of Cumberland County,for debt, interest and costs upon the following described property of the defendant(s): See Exhibit"A"attached PRAECIPE FOR ATTACHMENT EXECUTION Issue Writ of Attachment to the Sheriff of Cumberland County,for debt, interest and costs, as above, directing attachment against the above-named garnishee(s)for the following property(if real estate,supply six copies of the description; supply four copies of lengthy personality list): and all other property of the defendant(s) in the possession,custody or control of the said garnishee(s). &.) per- 3S 6p e'6 '" e_t• S Ck-\‘'6 st)1 CL it `�ci t) 9 Zucker,Goldberg&Ackerman,LLC XI-P-164687 38Ie( $� P sce1 (Indicate) Index this writ against the garnishee(s)as a lis pendens against real estate of the defendant(s)described in the attached exhibit. DATE: k I Signature: ie a Print Name: Scot . terick, Esquire Kimberly A. Bonner, Esquire Joel A.Ackerman, Esquire Ashleigh L. Marin, Esquire Ralph M.Salvia, Esquire Jaime R.Ackerman, Esquire Jana Fridfinnsdottir, Esquire Brian Nicholas, Esquire Denise Carlon, 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.: 55650 89705 202729 306799 202946 311032 315944 317240 317226 Zucker,Goldberg&Ackerman, LLC XFP-164687 r v Exhibit "A" LEGAL DESCRIPTION ALL THOSE CERTAIN TWO LOTS OF GROUND SITUATE ON THE SOUTH SIDE OF WEST KELLER STREET, IN THE BOROUGH OF MECHANICSBURG, IN THE COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: LOT NO. 1 - BEGINNING AT A POINT ON THE SOUTHERN LINE OF WEST KELLER STREET AND AT CORNER OF LOT NO. 27 ON THE HEREINAFTER MENTIONED PLAN OF LOTS;THENCE IN A SOUTHERLY DIRECTION ALONG THE LINE OF SAID LOT NO. 27, 200 FEET TO A POINT ON THE NORTHERN LINE OF A 12 FEET WIDE ALLEY;THENCE IN A WESTERLY DIRECTION ALONG THE NORTHERN LINE OF SAID ALLEY 50 FEET TO A POINT AT CORNER OF LOT NO. 29 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE IN A NORTHERLY DIRECTION ALONG THE LINE OF SAID LOT NO. 29, 200 FEET TO A POINT ON THE SOUTHERN LINE OF SAID WEST KELLER STREET AFORESAID; THENCE IN AN EASTERLY DIRECTION ALONG THE SAID LINE OF WEST KELLER STREET 50 FEET TO A POINT,AT THE PLACE OF BEGINNING. BEING LOT NO. 28 ON A PLAN OF LOTS KNOWN AS GREEN ACRES,WHICH PLAN IS RECORDED IN THE RECORDER'S OFFICE IN AND FOR SAID CUMBERLAND COUNTY, IN PLAN BOOK NO. 4, PAGE 4. LOT NO. 2 - BEGINNING AT A POINT ON THE SOUTHERN LINE OF WEST KELLER STREET AND AT THE CORNER OF LOT NO. 28 ON THE HEREINAFTER MENTIONED PLAN OF LOTS,THENCE IN A SOUTHERLY DIRECTION ALONG THE LINE OF SAID LOT NO. 28, 200 FEET TO A POINT ON THE NORTHERN LINE OF A 12 FEET WIDE ALLEY; THENCE IN A WESTERLY DIRECTION ALONG THE NORTHERN LINE OF SAID ALLEY 50 FEET TO A POINT AT A CORNER OF LOT NO. 30 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE IN A NORTHERLY DIRECTION ALONG THE LINE OF SAID LOT NO. 30, 200 FEET TO A POINT ON THE SOUTHERN LINE OF WEST KELLER STREET AFORESAID;THENCE IN AN EASTERLY DIRECTION ALONG THE SAID LINE OF WEST KELLER STREET 50 FEET TO A POINT,AT THE PLACE OF BEGINNING. BEING LOT NO. 29 ON A PLAN OF LOTS KNOWN AS GREEN ACRES, WHICH PLAN IS RECORDED IN THE RECORDER'S OFFICE IN AND FOR SAID CUMBERLAND COUNTY, IN PLAN BOOK NO. 4, PAGE 4. EXCEPTING AND RESERVING THE ADVERSE CONVEYANCE IN THE CUMBERLAND COUNTY RECORDER OF DEEDS IN DEED BOOK 2I-U, PAGE 52 AS FOLLOWS: ALL THAT CERTAIN LOT OF GROUND SITUATE IN THE BOROUGH OF MECHANICSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT AN IRON PIN AT CORNER OF LOT NO. 30 AND LOT NO. 29;THENCE IN AN EASTERLY DIRECTION A DISTANCE OF ONE HUNDRED(100) FEET THROUGH LOTS NOS. 29 AND 28 TO AN IRON PIN AND CORNER OF PART OF LOT NO. 27;THENCE IN A SOUTHERLY DIRECTION A DISTANCE OF SEVENTY-FIVE (75) FEET ALONG THE WESTERLY LINE OF PART OF LOT NO. 27 TO A POINT AND CORNER OF 12 FOOT ALLEY;THENCE IN A WESTERLY DIRECTION ALONG THE NORTHERLY SIDE OF SAID 12 FOOT ALLEY A DISTANCE OF ONE HUNDRED (100) FEET TO AN IRON PIN AT CORNER OF LOT NO. 30;THENCE IN A NORTHERLY DIRECTION ALONG THE LINE OF SAID LOT NO. 30 A DISTANCE OF SEVENTY-FIVE (75) FEET TO AN IRON PIN AND CORNER OF LOTS NOS. 29 AND 30 AND PLACE OF BEING Zucker,Goldberg&Ackerman,LLC XFP-164687 IT BEING ALL THE SOUTHERN SEVENTY-FIVE (75) FEET OF LOTS NOS. 28 AND 29 AS SHOWN ON PLAN OF LOTS KNOWN AS GREEN ACRES WHICH PLAN IS RECORDED IN THE RECORDER'S OFFICE IN AND FOR SAID CUMBERLAND COUNTY IN PLAN BOOK NO.4, PAGE 4. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 705 WEST KELLER STREET, MECHANICSBURG, PA, 17055-3738. BEING THE SAME PREMISES WHICH DONNA J. MCCREARY, CO-TRUSTEE AND ALAN V. SHANABROOK,CO- TRUSTEE OF THE JOHN W.SHANABROOK AND MILDRED M. SHANABROOK REVOCABLE LIVING TRUST AGREEMENT DATED JANUARY 25, 2003, BY DEED DATED DECEMBER 30, 2008 AND RECORDED JANUARY 6, 2009 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME INSTRUMENT NUMBER 200900354, PAGE , GRANTED AND CONVEYED UNTO BRIAN G. FAGAN. TAX MAP NO.: 20-24-0785-007. Zucker,Goldberg&Ackerman,LLC XFP-164687 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-2778 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 BRIAN G.FAGAN (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $154,014.49 L.L.: $.50 Interest FROM 4/12/2012 TO DATE OF SALE-$19,835.70 Atty's Comm: Due Prothy: $2.25 Atty Paid: $212.75 Other Costs: Plaintiff Paid: Date: 2/24/14 I . . • David D.Buell,Prothonotary (Seal) Deputy REQUE STING TARTY: Name: ASHLEIGH L. MARIN,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.306799 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A., CIVIL DIVISION Plaintiff; NO.: 12-2778-CIVIL vs. 0--" Execution No.: rz rn Brian G. Fagan; : _.` • Defendant(s). • r"o P- C% Cr • 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 705 West Keller Street, Mechanicsburg, PA 17055-3738. 1. Name and Address of Owner(s)or Reputed Owner(s): BRIAN G. FAGAN 705 West Keller Street Mechanicsburg, PA 17055-3738 2. Name and Address of Defendant(s) in the Judgment: BRIAN G. FAGAN 705 West Keller Street Mechanicsburg, PA 17055-3738 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: WELLS FARGO BANK, N.A. Plaintiff 4. Name and Address of the last record holder of every mortgage of record: WELLS FARGO BANK, N.A. Plaintiff Zucker,Goldberg&Ackerman,LLC X.FP-1.64687 DOMESTIC BANK 815 Reservoir Avenue Cranston, RI 02910 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 7. Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE. Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 UNKNOWN TENANT OR TENANTS 705 West Keller Street Mechanicsburg, PA 17055-3738 UNKNOWN SPOUSE 705 West Keller Street Mechanicsburg, PA 17055-3738 Zucker,Goldberg&Ackerman,LLC XFP-164687 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept.280601 Harrisburg, PA 17128-0601 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ZUCKER,GOLDBERG &ACKERMAN, LLC n, LA fro Dated: BY: a1 t( Scott A. Dietterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D.#89705 Joel A.Ackerman, Esquire; PA I.D.#202729 Ashleigh L. Marin, Esquire; PA I.D.#306799 Ralph M.Salvia, Esquire; PA I.D.#202946 Jaime R.Ackerman, Esquire; PA I.D. #311032 Jana Fridfinnsdottir, Esquire; PA I.D.#315944 Brian Nicholas, Esquire; PA I.D.#317240 Denise Carlon, Esquire; PA I.D.#317226 Attorneys for Plaintiff XFP-164687/II 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office @zuckergoldberg.com Zucker,Goldberg&Ackerman;LLC XFP-164687 Exhibit"A" LEGAL DESCRIPTION ALL THOSE CERTAIN TWO LOTS OF GROUND SITUATE ON THE SOUTH SIDE OF WEST KELLER STREET, IN THE BOROUGH OF MECHANICSBURG, IN THE COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS,TO WIT: LOT NO. 1 -BEGINNING AT A POINT ON THE SOUTHERN LINE OF WEST KELLER STREET AND AT CORNER OF LOT NO. 27 ON THE HEREINAFTER MENTIONED PLAN OF LOTS;THENCE IN A SOUTHERLY DIRECTION ALONG THE LINE OF SAID LOT NO. 27, 200 FEET TO A.POINT ON THE NORTHERN LINE OF A 12 FEET WIDE ALLEY;THENCE IN A WESTERLY DIRECTION ALONG THE NORTHERN LINE OF SAID ALLEY 50 FEET TO A POINT AT CORNER OF LOT NO. 29 ON THE HEREINAFTER MENTIONED PLAN OF LOTS;THENCE IN A NORTHERLY DIRECTION ALONG THE LINE OF SAID LOT NO. 29, 200 FEET TO A POINT ON THE SOUTHERN LINE OF SAID WEST KELLER STREET AFORESAID;THENCE IN AN EASTERLY DIRECTION ALONG THE SAID LINE OF WEST KELLER STREET 50 FEET TO A POINT,AT THE PLACE OF BEGINNING. BEING LOT NO. 28 ON A PLAN OF LOTS KNOWN AS GREEN ACRES,WHICH PLAN IS RECORDED IN THE RECORDER'S OFFICE IN AND FOR SAID CUMBERLAND COUNTY, IN PLAN BOOK NO. 4, PAGE 4. LOT NO. 2- BEGINNING AT A POINT ON THE SOUTHERN LINE OF WEST KELLER STREET AND AT THE CORNER OF LOT NO. 28 ON THE HEREINAFTER MENTIONED PLAN OF LOTS,THENCE IN A SOUTHERLY DIRECTION ALONG THE LINE OF SAID LOT NO. 28, 200 FEET TO A POINT ON THE NORTHERN LINE OF A 12 FEET WIDE ALLEY;THENCE IN A WESTERLY DIRECTION ALONG THE NORTHERN LINE OF SAID ALLEY 50 FEET TO A POINT AT A CORNER OF LOT NO. 30 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE IN A NORTHERLY DIRECTION ALONG THE LINE OF SAID LOT NO. 30, 200 FEET TO A POINT ON THE SOUTHERN LINE OF WEST KELLER STREET AFORESAID;THENCE IN AN EASTERLY DIRECTION ALONG THE SAID LINE OF WEST KELLER STREET 50 FEET TO A POINT,AT THE PLACE OF BEGINNING. BEING LOT NO. 29 ON A PLAN OF LOTS KNOWN AS GREEN ACRES,WHICH PLAN IS RECORDED IN THE RECORDER'S OFFICE IN AND FOR SAID CUMBERLAND COUNTY, IN PLAN BOOK NO.4, PAGE 4. EXCEPTING AND RESERVING THE ADVERSE CONVEYANCE IN THE CUMBERLAND COUNTY RECORDER OF DEEDS IN DEED BOOK 2I-U, PAGE 52 AS FOLLOWS: ALL THAT CERTAIN LOT OF GROUND SITUATE IN THE BOROUGH OF MECHANICSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS,TO WIT: BEGINNING AT AN IRON PIN AT CORNER OF LOT NO. 30 AND LOT NO. 29;THENCE IN AN EASTERLY DIRECTION A DISTANCE OF ONE HUNDRED(100) FEET THROUGH LOTS NOS. 29 AND 28 TO AN IRON PIN AND CORNER OF PART OF LOT NO. 27;THENCE IN A SOUTHERLY DIRECTION A DISTANCE OF SEVENTY-FIVE (75) FEET ALONG THE WESTERLY LINE OF PART OF LOT NO. 27 TO A POINT AND CORNER OF 12 FOOT ALLEY;THENCE IN A WESTERLY DIRECTION ALONG THE NORTHERLY SIDE OF SAID 12 FOOT ALLEY A DISTANCE OF ONE HUNDRED (100) FEET TO AN IRON PIN AT CORNER OF LOT NO. 30;THENCE IN A NORTHERLY DIRECTION ALONG THE LINE OF SAID LOT NO. 30 A DISTANCE OF SEVENTY-FIVE (75) FEET TO AN IRON PIN AND CORNER OF LOTS NOS. 29 AND 30 AND PLACE OF BEING Zucker,Goldberg&Ackerman, LLC XFP-164687 IT BEING ALL THE SOUTHERN SEVENTY-FIVE (75) FEET OF LOTS NOS. 28 AND 29 AS SHOWN ON PLAN OF LOTS KNOWN AS GREEN ACRES WHICH PLAN IS RECORDED IN THE RECORDER'S OFFICE IN AND FOR SAID CUMBERLAND COUNTY IN PLAN BOOK NO.4, PAGE 4. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 705 WEST KELLER STREET, MECHANICSBURG, PA, 17055-3738. BEING THE SAME PREMISES WHICH DONNA J. MCCREARY, CO-TRUSTEE AND ALAN V.SHANABROOK,CO- TRUSTEE OF THE JOHN W.SHANABROOK AND MILDRED M.SHANABROOK REVOCABLE LIVING TRUST AGREEMENT DATED JANUARY 25, 2003, BY DEED DATED DECEMBER 30, 2008 AND RECORDED JANUARY 6, 2009 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME INSTRUMENT NUMBER 200900354, PAGE, GRANTED AND CONVEYED UNTO BRIAN G. FAGAN. TAX MAP NO.: 20-24-0785-007. Zucker,Goldberg&Ackerman, LLC XFP-164687 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, • vs. NO.: 12-2778-CIVIL c a Brian G. Fagan; • • Defendant. r' c� • 7: • C> � -4 C .,.. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Brian G. Fagan 705 West Keller Street Mechanicsburg, PA 17055-3738 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 06/04/2014 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: 705 West Keller Street, Mechanicsburg, PA, 17055-3738 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 12-2778-CIVIL THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Brian G. Fagan Zucker, Goldberg&Ackerman, LLC XFP-164687 • A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff(for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty(30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800)990-9108 (717)249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. Zucker, Goldberg&Ackerman, LLC XFP-164687 v 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 &ACKERMAN, LLC Dated: 101, 1'' BY: • I Ai� Scott A. D e erick, Esquire; • 1.D.#55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Joel A.Ackerman, Esquire; PA 1.D.#202729 Ashleigh L. Marin, Esquire; PA I.D.#306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D.#311032 Jana Fridfinnsdottir, Esquire; PA I.D.#315944 Brian Nicholas, Esquire; PA 1.D. #317240 Denise Carlon, Esquire; PA I.D. #317226 Attorneys for Plaintiff XFP-164687/ll 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office @zuckergoldberg.com VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. Zucker, Goldberg&Ackerman, LLC XFP-164687 i 1 Exhibit"A" LEGAL DESCRIPTION ALL THOSE CERTAIN TWO LOTS OF GROUND SITUATE ON THE SOUTH SIDE OF WEST KELLER STREET, IN THE BOROUGH OF MECHANICSBURG, IN THE COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS,TO WIT: LOT NO. 1 - BEGINNING AT A POINT ON THE SOUTHERN LINE OF WEST KELLER STREET AND AT CORNER OF LOT NO. 27 ON THE HEREINAFTER MENTIONED PLAN OF LOTS;THENCE IN A SOUTHERLY DIRECTION ALONG THE LINE OF SAID LOT NO. 27, 200 FEET TO A POINT ON THE NORTHERN LINE OF A 12 FEET WIDE ALLEY; THENCE IN A WESTERLY DIRECTION ALONG THE NORTHERN LINE OF SAID ALLEY 50 FEET TO A POINT AT CORNER OF LOT NO. 29 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE IN A NORTHERLY DIRECTION ALONG THE LINE OF SAID LOT NO. 29, 200 FEET TO A POINT ON THE SOUTHERN LINE OF SAID WEST KELLER STREET AFORESAID; THENCE IN AN EASTERLY DIRECTION ALONG THE SAID LINE OF WEST KELLER STREET 50 FEET TO A POINT, AT THE PLACE OF BEGINNING. BEING LOT NO. 28 ON A PLAN OF LOTS KNOWN AS GREEN ACRES, WHICH PLAN IS RECORDED IN THE RECORDER'S OFFICE IN AND FOR SAID CUMBERLAND COUNTY, IN PLAN BOOK NO.4, PAGE 4. LOT NO. 2 - BEGINNING AT A POINT ON THE SOUTHERN LINE OF WEST KELLER STREET AND AT THE CORNER OF LOT NO. 28 ON THE HEREINAFTER MENTIONED PLAN OF LOTS,THENCE IN A SOUTHERLY DIRECTION ALONG THE LINE OF SAID LOT NO. 28, 200 FEET TO A POINT ON THE NORTHERN LINE OF A 12 FEET WIDE ALLEY; THENCE IN A WESTERLY DIRECTION ALONG THE NORTHERN LINE OF SAID ALLEY 50 FEET TO A POINT AT A CORNER OF LOT NO. 30 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE IN A NORTHERLY DIRECTION ALONG THE LINE OF SAID LOT NO. 30, 200 FEET TO A POINT ON THE SOUTHERN LINE OF WEST KELLER STREET AFORESAID;THENCE IN AN EASTERLY DIRECTION ALONG THE SAID LINE OF WEST KELLER STREET 50 FEET TO A POINT, AT THE PLACE OF BEGINNING. BEING LOT NO. 29 ON A PLAN OF LOTS KNOWN AS GREEN ACRES, WHICH PLAN IS RECORDED IN THE RECORDER'S OFFICE IN AND FOR SAID CUMBERLAND COUNTY, IN PLAN BOOK NO. 4, PAGE 4. EXCEPTING AND RESERVING THE ADVERSE CONVEYANCE IN THE CUMBERLAND COUNTY RECORDER OF DEEDS IN DEED BOOK 2I-U, PAGE 52 AS FOLLOWS: ALL THAT CERTAIN LOT OF GROUND SITUATE IN THE BOROUGH OF MECHANICSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS,TO WIT: BEGINNING AT AN IRON PIN AT CORNER OF LOT NO. 30 AND LOT NO. 29;THENCE IN AN EASTERLY DIRECTION A DISTANCE OF ONE HUNDRED (100) FEET THROUGH LOTS NOS. 29 AND 28 TO AN IRON PIN AND CORNER OF PART OF LOT NO. 27; THENCE IN A SOUTHERLY DIRECTION A DISTANCE OF SEVENTY-FIVE (75) FEET ALONG THE WESTERLY LINE OF PART OF LOT NO. 27 TO A POINT AND CORNER OF 12 FOOT ALLEY;THENCE IN A WESTERLY DIRECTION ALONG THE NORTHERLY SIDE OF SAID 12 FOOT ALLEY A DISTANCE OF ONE HUNDRED (100) FEET TO AN IRON PIN AT CORNER OF LOT NO. 30;THENCE IN A NORTHERLY DIRECTION ALONG THE LINE OF SAID LOT NO. 30 A DISTANCE OF SEVENTY-FIVE (75) FEET TO AN IRON PIN AND CORNER OF LOTS NOS. 29 AND 30 AND PLACE OF BEING Zucker,Goldberg&Ackerman, LLC XFP-164687 IT BEING ALL THE SOUTHERN SEVENTY-FIVE (75) FEET OF LOTS NOS. 28 AND 29 AS SHOWN ON PLAN OF LOTS KNOWN AS GREEN ACRES WHICH PLAN IS RECORDED IN THE RECORDER'S OFFICE IN AND FOR SAID CUMBERLAND COUNTY IN PLAN BOOK NO.4, PAGE 4. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 705 WEST KELLER STREET, MECHANICSBURG, PA, 17055-3738. BEING THE SAME PREMISES WHICH DONNA J. MCCREARY, CO-TRUSTEE AND ALAN V. SHANABROOK, CO- TRUSTEE OF THE JOHN W. SHANABROOK AND MILDRED M. SHANABROOK REVOCABLE LIVING TRUST AGREEMENT DATED JANUARY 25, 2003, BY DEED DATED DECEMBER 30, 2008 AND RECORDED JANUARY 6, 2009 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME INSTRUMENT NUMBER 200900354, PAGE , GRANTED AND CONVEYED UNTO BRIAN G. FAGAN. TAX MAP NO.: 20-24-0785-007. Zucker,Goldberg&Ackerman, LLC XFP-164687 low IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. , vs. Brian G. Fagan; Plaintiff, Defendant(s). CIVIL DIVISION NO.: 12 -2778 -CIVIL : Execution No.: AMENDED 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 705 West Keller Street, Mechanicsburg, PA 17055-3738. 1. Name and Address of Owner(s) or Reputed Owner(s): BRIAN G. FAGAN 705 West Keller Street Mechanicsburg, PA 17055-3738 2. Name and Address of Defendant(s) in the Judgment: BRIAN G. FAGAN 705 West Keller Street Mechanicsburg, PA 17055-3738 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: WELLS FARGO BANK, N.A. Plaintiff 4. Name and Address of the last record holder of every mortgage of record: WELLS FARGO BANK, N.A. Plaintiff DOMESTIC BANK 815 Reservoir Avenue Cranston, RI 02910 ADMIRALS BANK FKA DOMESTIC BANK, A FEDERAL SAVINGS BANK 815 Reservoir Avenue Cranston, RI 02910 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 7. Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 UNKNOWN TENANT OR TENANTS 705 West Keller Street Mechanicsburg, PA 17055-3738 UNKNOWN SPOUSE 705 West Keller Street Mechanicsburg, PA 17055-3738 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 I verify that the statements made in this Amended Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: BY: ZUCKER, GOLDBERG &' CKERMAN, 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 — Jana Fridfinnsdottir, Esquire; PA I.D. #315944 Brian Nicholas, Esquire; PA I.D. #317240 Denise Carlon, Esquire; PA I.D. #317226 Attorneys for Plaintiff XCP-164687/nfe 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com Exhibit "A" LEGAL DESCRIPTION ALL THOSE CERTAIN TWO LOTS OF GROUND SITUATE ON THE SOUTH SIDE OF WEST KELLER STREET, IN THE BOROUGH OF MECHANICSBURG, IN THE COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: LOT NO. 1- BEGINNING AT A POINT ON THE SOUTHERN LINE OF WEST KELLER STREET AND AT CORNER OF LOT NO. 27 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE IN A SOUTHERLY DIRECTION ALONG THE LINE OF SAID LOT NO. 27, 200 FEET TO A POINT ON THE NORTHERN LINE OF A 12 FEET WIDE ALLEY; THENCE IN A WESTERLY DIRECTION ALONG THE NORTHERN LINE OF SAID ALLEY 50 FEET TO A POINT AT CORNER OF LOT NO. 29 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE IN A NORTHERLY DIRECTION ALONG THE LINE OF SAID LOT NO. 29, 200 FEET TO A POINT ON THE SOUTHERN LINE OF SAID WEST KELLER STREET AFORESAID; THENCE IN AN EASTERLY DIRECTION ALONG THE SAID LINE OF WEST KELLER STREET 50 FEET TO A POINT, AT THE PLACE OF BEGINNING. BEING LOT NO. 28 ON A PLAN OF LOTS KNOWN AS GREEN ACRES, WHICH PLAN IS RECORDED IN THE RECORDER'S OFFICE IN AND FOR SAID CUMBERLAND COUNTY, IN PLAN BOOK NO. 4, PAGE 4. LOT NO. 2 - BEGINNING AT A POINT ON THE SOUTHERN LINE OF WEST KELLER STREET AND AT THE CORNER OF LOT NO. 28 ON THE HEREINAFTER MENTIONED PLAN OF LOTS, THENCE IN A SOUTHERLY DIRECTION ALONG THE LINE OF SAID LOT NO. 28, 200 FEET TO A POINT ON THE NORTHERN LINE OF A 12 FEET WIDE ALLEY; THENCE IN A WESTERLY DIRECTION ALONG THE NORTHERN LINE OF SAID ALLEY 50 FEET TO A POINT AT A CORNER OF LOT NO. 30 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE IN A NORTHERLY DIRECTION ALONG THE LINE OF SAID LOT NO. 30, 200 FEET TO A POINT ON THE SOUTHERN LINE OF WEST KELLER STREET AFORESAID; THENCE IN AN EASTERLY DIRECTION ALONG THE SAID LINE OF WEST KELLER STREET 50 FEET TO A POINT, AT THE PLACE OF BEGINNING. BEING LOT NO. 29 ON A PLAN OF LOTS KNOWN AS GREEN ACRES, WHICH PLAN IS RECORDED IN THE RECORDER'S OFFICE IN AND FOR SAID CUMBERLAND COUNTY, IN PLAN BOOK NO. 4, PAGE 4. EXCEPTING AND RESERVING THE ADVERSE CONVEYANCE IN THE CUMBERLAND COUNTY RECORDER OF DEEDS IN DEED BOOK 2I -U, PAGE 52 AS FOLLOWS: ALL THAT CERTAIN LOT OF GROUND SITUATE IN THE BOROUGH OF MECHANICSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT AN IRON PIN AT CORNER OF LOT NO. 30 AND LOT NO. 29; THENCE IN AN EASTERLY DIRECTION A DISTANCE OF ONE HUNDRED (100) FEET THROUGH LOTS NOS. 29 AND 28 TO AN IRON PIN AND CORNER OF PART OF LOT NO. 27; THENCE IN A SOUTHERLY DIRECTION A DISTANCE OF SEVENTY-FIVE (75) FEET ALONG THE WESTERLY LINE OF PART OF LOT NO. 27 TO A POINT AND CORNER OF 12 FOOT ALLEY; THENCE IN A WESTERLY DIRECTION ALONG THE NORTHERLY SIDE OF SAID 12 FOOT ALLEY A DISTANCE OF ONE HUNDRED (100) FEET TO AN IRON PIN AT CORNER OF LOT NO. 30; THENCE IN A NORTHERLY DIRECTION ALONG THE LINE OF SAID LOT NO. 30 A DISTANCE OF SEVENTY-FIVE (75) FEET TO AN IRON PIN AND CORNER OF LOTS NOS. 29 AND 30 AND PLACE OF BEING IT BEING ALL THE SOUTHERN SEVENTY-FIVE (75) FEET OF LOTS NOS. 28 AND 29 AS SHOWN ON PLAN OF LOTS KNOWN AS GREEN ACRES WHICH PLAN IS RECORDED IN THE RECORDER'S OFFICE IN AND FOR SAID CUMBERLAND COUNTY IN PLAN BOOK NO.4, PAGE4. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 705 WEST KELLER STREET, MECHANICSBURG, PA, 17055-3738. BEING THE SAME PREMISES WHICH DONNA J. MCCREARY, CO -TRUSTEE AND ALAN V. SHANABROOK, CO - TRUSTEE OF THE JOHN W. SHANABROOK AND MILDRED M. SHANABROOK REVOCABLE LIVING TRUST AGREEMENT DATED JANUARY 25, 2003, BY DEED DATED DECEMBER 30, 2008 AND RECORDED JANUARY 6, 2009 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME INSTRUMENT NUMBER 200900354, PAGE , GRANTED AND CONVEYED UNTO BRIAN G. FAGAN. TAX MAP NO.: 20-24-0785-007. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A., t CIVIL DIVISION `�' c<1. crk rµ `moi Plaintiff, NO.: 12 -2778 -CIVIL, %P VS. cl �� ' 4� �- en Brian G. Fagan; TYPE OF PLEADING %�G: -- Defendant. Pa. R.C.P. RULE 3129.2(C) AFFIDAVIT OF SERVICE 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 Levy Marin, Esquire- PA I.D. #306799 Ralph M. Salvia, Esquire- PA I.D. #202946 Jaime R. Ackerman, Esquire- PA I.D. #311032 Jana Fridfinnsdottir, Esquire- PA I.D. #315944 Brian Nicholas, Esquire- PA I.D. #317240 Denise Carlon, Esquire- PA I.D. #317226 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500 (908) 233-1390 FAX office@zuckergoldberg.com File No.: XFP- 164687/mag Zucker, Goldberg & Ackerman, LLC XFP-164687 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. vs. Brian G. Fagan; Plaintiff, Defendant. CIVIL DIVISION NO.: 12 -2778 -CIVIL Pa.R.C.P. RULE 3129(c) AFFIDAVIT OF SERVICE OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST I, Margaret Agyepong, 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 Sheriff's Sale of Real Property in this matter on Defendant/Owner and Other Parties of Interest as follows: 1. Defendant, Brian G. Fagan, is the record owner of the real property. 2. On or about March 17, 2014, defendant Brian G. Fagan was served with Plaintiffs Notice of Sheriff's Sale of Real Property Pursuant to Pa. R.C.P. 3129, via certified mail, return receipt requested at the address of the mortgaged premises, being 705 West Keller Street, Mechanicsburg PA 17055- 3738. A true and correct copy of said Notice and Return of Service are marked Exhibit "A", attached hereto and made a part hereof. 3. On or about May 5, 2014, Plaintiff's counsel served all other parties in interest with Plaintiffs Notice of Sheriff's 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 Certificates of Mailing are marked Exhibit "B", attached hereto and made a part hereof. Finally, the undersigned deposes and says that the Defendant/Owner and all other Parties of Zucker, Goldberg & Ackerman, LLC XFP-164687 Interest were served with Plaintiff's Notice of Sheriffs Sale of Real Property in accordance with Pa.R.C.P. 3129.2. Dated: May cZ3 , 2014 Sworn to and subscribed before me this 2..b day of May, 2014 Notary ublic MY COMMISSION EXPIRES: ZUCKER, GOLDBERG & ACKERMAN, LLC Attorneys for Plaintiff MARGAR £ GYEPONG Paralegal/Legal Assistant PAUL C. NADRAT0WSK1 Notary Public of New Jersey 850 My Commission Expires 4/27/2016 /27 Zucker, Goldberg & Ackerman, LLC XFP-164687 EXHIBIT A Zucker, Goldberg & Ackerman, LLC XFP-164687 Zucker, Goldberg & Ackerman, LLC PO Box 1219 Mountainside, NJ 07092-1219 11 i i i i i i i 11 i 7196 9006 9297 2962 3586 20140313-102 iI.11141J„1111k111111111Iuiu "111JhIIII11II'II'I'I11IIIIIH Brian G. Fagan 705 W KELLER ST MECHANICSBURG, PA 17055-3738 PANOSS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. vs. Brian G. Fagan; Plaintiff, Defendant, CIVIL DIVISION NO.: 12 -2778 -CIVIL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Brian G. Fagan 705 West Keller Street Mechanicsburg, PA 17055-3738 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 06/04/2014 at 10:OOam prevailing local time. THE PROPERTY TO BE SOLD is delineated In detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").. The LOCATION of your property to be sold is: 705 West Keller Street, Mechanicsburg, PA, 17055-3738 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 12 -2778 -CIVIL THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Brian G. Fagan Zucker, Goldberg & Ackerman, LLC XFP-164687 rili A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale In accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER. IS.A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY, It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE TIIS..P,APER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET: FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE, Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE:° 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed Is delivered. Zucker, Goldberg & Ackerman, LLC XFP-164687 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. Dated:. 19 I ZUCKER, GOLDBERG & ACKERMAN, LLC . BY: Scott A..eater ck,Equ Esquire; P I.D. #55650 Kimberly A. Bonner, Esquire; PAID, #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 Jana Fridfinnsdottir, Esquire; PA I.D. #315944 Brian Nicholas, Esquire; PA I.D. #317240 Denise Carlon, Esquire; PA I.D. #317226 Attorneys for Plaintiff XFP-164687/1I 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. Zucker, Goldberg & Ackerman, LLC XFP-164687 Exhibit "A" LEGAL DESCRIPTION ALL THOSE CERTAIN TWO LOTS OF GROUND SITUATE ON THE SOUTH SIDE OF WEST KELLER STREET, IN THE BOROUGH OF MECHANICSBURG, IN THE COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: LOT; NO. 1 - BEGINNING AT A POINT ON THE SOUTHERN LINE OF WEST KELLER STREET AND AT CORNER OF LOT NO. 27 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE IN A SOUTHERLY DIRECTION ALONG THE LINE OF SAID LOT NO. 27, 200 FEET TO A:POINT ON THE NORTHERN LINE OF A 12 FEET WIDE ALLEY; THENCE IN A WESTERLY DIRECTION ALONG THE NORTHERN LINE OF SAID ALLEY 50 FEET TO A POINT AT CORNER OF LOT NO. 29 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE IN A NORTHERLY DIRECTION ALONGTHE LINE OF SAID LOT NO. 29, 200 FEET TO A POINT ON THE SOUTHERN UNE OF SAID WEST KELLER STREET AFORESAID; THENCE IN AN EASTERLY DIRECTION ALONG THE SAID LINE OF WEST KELLER STREET 50 FEET TO A POINT, AT THE PLACE OF BEGINNING. BEING LOT NO. 28 ON A PLAN OF LOTS KNOWN AS GREEN ACRES, WHICH PLAN IS RECORDED IN THE RECORDER'S OFFICE IN AND FOR SAID CUMBERLAND COUNTY, IN PLAN BOOK NO. 4, PAGE 4. LOT NO. .2.- BEGINNING AT A PAINT ON THE SOUTHERN LINE OF WEST KELLER STREET AND AT THE CORNER OF LOT'NO. 28 ON THE HEREINAFTER MENTIONED PLAN OF LOTS, THENCE IN A SOUTHERLY DIRECTION ALONG THE LINE OF SAID LOT NO. 28, 200 FEET TO A POINT ON THE NORTHERN LINE OF A 12 FEET WIDE ALLEY; THENCE IN A WESTERLY DIRECTION ALONG THE NORTHERN LINE OF SAID ALLEY 50 FEET TO A POINT AT A CORNER OF LOT NO. 30 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE IN A NORTHERLY DIRECTION ALONG THE UNE OF SAID LOT NO. 30, 200 FEET TO A POINT ON THE SOUTHERN LINE OF WEST KELLER STREET AFORESAID; THENCE IN AN EASTERLY DIRECTION ALONG THE SAID LINE OF WEST KELLER STREET 50 FEET TO A POINT, AT THE PLACE OF BEGINNING. BEING LOT NO. 29 ON A PLAN OF LOTS KNOWN AS GREEN ACRES, WHICH PLAN IS RECORDED IN THE RECORDER'S OFFICE IN AND FOR SAID CUMBERLAND COUNTY, IN PLAN BOOK NO. 4, PAGE 4. EXCEPTING AND RESERVING THE ADVERSE CONVEYANCE IN THE CUMBERLAND COUNTY RECORDER OF DEEDS IN DEED BOOK 21-U, PAGE 52 AS FOLLOWS: ALL THAT CERTAIN LOT OF GROUND SITUATE IN THE BOROUGH OF MECHANICSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT AN IRON PIN AT CORNER OF LOT NO. 30 AND LOT NO. 29; THENCE IN AN EASTERLY DIRECTION A DISTANCE OF ONE HUNDRED (100) FEET THROUGH LOTS NOS. 29 AND 28 TO AN IRON PIN AND CORNER OF PART OF LOT NO. 27; THENCE IN A SOUTHERLY DIRECTION A DISTANCE OF SEVENTY-FIVE (75) FEET ALONG THE WESTERLY LINE OF PART OF LOT NO. 27 TO A POINT AND CORNER OF 12 FOOT ALLEY; THENCE IN A WESTERLY DIRECTION ALONG THE NORTHERLY SIDE OF SAID 12 FOOT ALLEY A DISTANCE OF ONE HUNDRED (100) FEET TO AN IRON PIN AT CORNER OF LOT NO. 30; THENCE IN A NORTHERLY DIRECTION ALONG THE LINE OF SAID LOT NO. 30 A DISTANCE OF SEVENTY-FIVE (75) FEET TO AN IRON PIN AND CORNER OF LOTS NOS. 29 AND 30 AND PLACE OF BEING Zucker, Goldberg & Ackerman, LLC XFP-164687 IT BEING ALL THE SOUTHERN SEVENTY-FIVE (75) FEET OF LOTS NOS. 28 AND 29 AS SHOWN ON PLAN OF LOTS KNOWN AS GREEN ACRES WHICH PLAN IS RECORDED IN THE RECORDER'S OFFICE IN AND FOR SAID CUMBERLAND COUNTY IN PLAN BOOK NO.4, PAGE 4. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 705 WEST KELLER STREET, MECHANICSBURG, PA, 17055-3738. BEING THE SAME PREMISES WHICH DONNA J. MCCREARY, CO -TRUSTEE AND ALAN V. SHANABROOK, CO - TRUSTEE OF THE JOHN W. SHANABROOK AND MILDRED M. SHANABROOK REVOCABLE LIVING TRUST AGREEMENT DATED JANUARY 25, 2003, BY DEED DATED DECEMBER 30, 2008 AND RECORDED JANUARY 6, 2009 1N AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME INSTRUMENT NUMBER 200900354, PAGE , GRANTED AND CONVEYED UNTO BRIAN G. FAGAN. TAX MAP NO.: 20-24-0785-007. Zucker, Goldberg & Ackerman, LLC XFP-164687 r. 2. Article Number 11 1 1 1 1 11 1 1 1 1 1 i 11 11 1 1 1 7196 9006 9297 2%2 3586 F:j1 Zo 3. Service ee Type CERTIFIED MAIL N 4. Restricted Delivery? (Extra Fee) 3 N O. u) •O fYes 1. Article Addressed to: COMPLETE THIS SECTION ON DELIVERY A. Rec ived by (Please Print Clearly) 8. Date of Delivery ./ C. Signature Agent Addressee D. Is delivery ad,greadif event from item 1? If YES, enter delivery address below: Yes I No -Brian G. Fagan 705 W KELLER ST MECHANICSBURG, PA 17055-3738 PS�Fo m 3811, January 2005 Reference Information 164687 PANOSS Domestic etum eceipt 3/13/2014 7196 9006 9297 2462 3586-102 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 Zucker, Goldberg & Ackerman, LLC PO Box 9076 Temecula, CA 92589-9076 EXHIBIT B Zucker, Goldberg & Ackerman, LLC XFP-164687 NTL Page 1 of 4 mr---""1111 UNITED STATES EU POSTAL SERVICE® Certificate 0 Mailing This Certificate of Mailing provides evidence that melt has been presented to USPS, for milling. This form may be used for domestic and international mall. From: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, Ni 07092 To' CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 XFP-164687/nfe TEAM- C U.S. POSTAGE* PITNEY BOVIE3 4 e„, lialzamp inr ZIP 07092 $ 001.200 000201187430 MAY. 05 2014 To ply fee, MK stamps or meter postage hem County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITED STATES POSTAL SERVICEe Certificate Of Mailing This Certificate of Mailing provided evidence INA mill Ms been presented to USPS. for melting. This form may be toed for d erne stk end internetional man. Fri'm' Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XFP-164687/n e TEAM C COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 410Z SO 'AVM 0E012E1000 00Z. 100 $ Z 6 OLO dIZ LO 411/1/1/IMINNIMMIft :04.111111Cir. MIOB A3,tk << 39VISOci "s'n To pay fee, affbt stumps or meter postage hue. Postmark Here NTL Page 2 of 4 UNITED STATES POSTAL SERVICE Certificate 0 Mailing This Certificate of Mailing provides evidence that mall has been presented to MPS* for mailing. This form may be used for domestic and intematianel mail. P'°m: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XFP-164687/nfe TEAM- C UNKNOWN TENANT OR TENANTS U.S. POSTAGE *PITNEY Bowes ZIP 0.7092 $ 001.20° 02 111 0001387430MAY 05 2014 To pry fee, affil Namur or niter portage hare. Postmark Here 705 West Keller Street Mechanicsburg, PA 17055-3738 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 �UNITED STATES POSTdL SERVICEE11 Certificate Of Mailing This C.rHicataofMr [Nag provides evidence that moil hes been presented toUSPS. for mailing This form may Ism wad for domeatk and international mall. `'°m' Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XFP-164687/nfe TEAM- C Toi DOMESTIC BANK 815 Reservoir Avenue Cranston, RI 02910 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 t+102 SO AVWOc'L'8E1000 Mt ZO 09Z.1•00 4604 0 t1 arAatttaMINK.amatn� duti✓� 30VISOd`S"fl To pay fee, affbt stamps or meter postage hare. Postmark Her NTL Page 3 of 4 UNITED STATES Mill POSTAL SERV!CE® Certificate Mailing This Certificate of Mulling provides evidence that mall Ns been presented to USPS• for mulling. This form may be owed for domestic and International mall. rrom: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, Ni 07092 XFP-164687/nfe TEAM- C U.S. POSTAGE )) prrr Y aowES �...az/0==z. ZIP 009 7 0 02 1,1, $ 001.20 00013874.30 MAY 05 2014 To payfa, of b, stamps or m.tar postage hen. T°' ADMIRALS BANK EKA.DflMEST.C.BAAI IC -A F�1=RAS-SAVINGS-BtINIF--eosm,ar.u° 815 Reservoir Avenue Cranston, RI 02910 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITED STATES POST/JL SERVICE Certificate Of Mailing This Certificate of Maglns provides evidence that mall has been presented to USPS, formarl- This end International mall. Ffam' Scott A. Dietterick, Esquire rm may be used for domestic c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XFP-164687/nfe TEAM- C To' CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 PIOZ SO AWYO£pL9£1000 00Z100 $ Z6OLO dIZ S3N108 mud «30V1SOd's71 To pay fee, aft rumps or meter postage hen. NTL Page 4 of 4 UNITED STATES POSTAL SERVICE® "M. Certificate 0 Mailing U.S. POSTAGE>> PITNEY BOWES 411111111e This Certificate of Melling provides evidence that mill has been presented to U5P56 for maPine. This form may be used for domestic and Intemationel mall. Frm' Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XFP-164687/nfe TEAM- C To' PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITED STATES POSTAL SERVICE® Certificate Of Mailing This certIfIcatir of milling provides evidence that mall his been presented to USW for malilna. This form may be word for domestic and International min, Fr"' Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, Ni 07092 XFP-1646 7/nfe TEAM- C To: UNKNOWN SPOUSE 705 West Keller Street Mechanicsburg, PA 17055-3738 County of P.Q.: CUMBERLAND P5 Form 3817, April 2007 PSN 7530-02-000-9065 PIN,' 90 AVVIOCP/13£1 0 0 Z6 0./. 0 dIZ MI at OZ. 1000 $ ASnameal. reamerarigrougmee ZIP 0709200120° 02 1Y1 00013874 30 MAY 05. 20 14 To pay fee, One stamps or meter pestle, here, Postma ere To pay fel, ate stamps or meter ports", here. Postmark tiere, ••• , • Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFF;',:'' Ft: OF THE PROs HONu 20111 JUL 25 PM 2: CUMBERLAND COUNTY PENNSYLVANIA �o�ov of ,Cifir,br��4:,ryd OFFICE OF NE SHERIFF Wells Fargo Bank, NA vs. Case Number Brian G. Fagan 2012-2778 SHERIFF'S RETURN OF SERVICE 03/24/2014 04:13 PM - Deputy Ryan Burgett, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 705 West Keller Street, Mechanicsburg - Borough, Mechanicsburg, PA 17055, Cumberland County. 03/24/2014 04:13 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Brian G. Fagan at 705 W. Keller Street, Mechanicsburg Borough, Mechanicsburg, PA 17055, Cumberland County. 06/04/2014 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 Sqaure, Carlisle, PA 17013 on June 04, 2014 at 10:00 a.m. He sold the same for the sum of $108,000.00 to Barclay W. Fitzpatrick, 125 N. 30th Street, Camp Hill, PA 17011, being the buyer in this execution, paid to the Sheriff the sum of $ 07/16/2014 Distribution of Schedule as Proposed SHERIFF COST: $4,794.58 SO ANSWERS, July 16, 2014 RONR ANDERSON, SHERIFF 1.cl CaunlySude Sheriff, Teleosatt, Inc. 4/g° 06 pd - ac4. amp -0. S? c- ,0d. 4-4 97272 369.0S1 On February 27, 2014 the Sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA, Known and numbered as 705 West Keller Street, Mechanicsburg, as Exhibit "A" filed with this writ n. N .•=• 6-; and by this Reference incorporated herein. Q Date: February 27, 2014 (,Li5:( EJ L ( r L.. 1,.., C7, ..? (; .r" O ti (S By: Real Estate Coordinator LXIII 16 CUMBERLAND LAW JOURNAL 04/18/14 Writ No. 2012-2778 Civil Term Wells Fargo Bank, N.A. vs. Brian G. Fagan Atty.: Jaime R. Ackerman ALL THOSE CERTAIN two lots of ground situate on the south side of West Keller Street, in the Borough of Mechanicsburg, in the County of Cumberland and State of Pennsyl- vania, bounded and described as follows, to wit: LOT NO. 1- BEGINNING at a point on the southern line of West Keller Street and at corner of Lot No. 27 on the hereinafter mentioned Plan of Lots; thence in a southerly direction along the line of said Lot No. 27, 2do feet to a point on the northern line of a 12 feet wide alley; thence in a westerly direction along the northern line of said alley so feet to a point at corner of Lot No. 29 on the hereinaf- ter mentioned Plan of Lots; thence in a northerly direction alongthe line of said Lot No. 29, 200 feet to a point on the southern line of said West Keller Street aforesaid; thence in an easterly direction along the said line of West Keller Street 50 feet to a point, at the place of BEGINNING. BEING Lot No. 28 on a Plan of Lots known as Green Acres, which plan is recorded in the Recorder's Office in and for said Cumberland .County, in Plan Book No.4, Page 4. LOT N0.2 - BEGINNING at a point on the southern line of West Keller Street and at the corner of Lot No. 28 on the hereinafter mentioned Plan of Lots, thence in a southerly direction along the line of said Lot No. 28, 200 feet to a point on the northern line of a 12 feet wide alley; thence in a westerly direction along the northern line of said alley 50 feet to a point at a corner of Lot No. 30 on the herein- after mentioned Plan of Lots; thence in a northerly direction along the line 51 of said Lot No. 30, 200 feet to a point on the southern line of West Keller Street aforesaid; thence in an easterly direction along the said line of West Keller Street 50 feetto a point, at the place of BEGINNING. BEING Lot No. 29 on a plan of lots known as Green Acres, which plan is recorded in the Recorder's Office in and for said Cumberland County, in Plan Book No.4, Page 4. EXCEPTING AND RESERVING the adverse conveyance in the Cum- berland County Recorder of Deeds in Deed Book 21-U, Page 52 as follows: ALL THAT CERTAIN lot of ground situate in the Borough of Mechanics- burg, Cumberland County, Penn- sylvania, bounded and described as follows, to wit: BEGINNING at an iron pin at corner of Lot No. 30 and Lot No. 29; thence in an easterly direction a distance of one hundred (100) feet through Lots Nos. 29 and 28 to an iron pin and corner of part of Lot No. 27; thence in a southerly direction a distance of seventy-five (75) feet along the westerly line of part of Lot No. 27 to a point and corner of 12 foot alley; thence in a westerly direction along the northerly side of said 12 foot alley a distance of one hundred (100) feet to an iron pin at corner of lot no. 30; thence in a northerly direction along the line of said Lot No. 30 a distance of seventy-five it being all the south- ern seventy-five (75) feet of Lots Nos. 28 and 29 as shown on Plan of Lots known as Green Acres which plan is recorded in the Recorder's Office in and for said Cumberland County in Plan Book No.4, Page 4. Having thereon erected a dwelling house being known and numbered as 70s West Keller Street, Mechanicsburg, PA, 17055-3738. BEING THE SAME PREMISES which Donna J. McCreary, Co - Trustee and Alan V. Shanabrook, Co - Trustee of the John W. Shanabrook LXIII 16 CUMBERLAND LAW JOURNAL 04/18/14 and Mildred M. Shanabrook Revo- cable Living Trust Agreement dated January 25, 2003, by deed dated December 30, 2008 and recorded January 6,2009 in and for Cumber- land County, Pennsylvania, in Deed Book Volume Instrument Number 200900354, Page, granted and con- veyed unto Brian G. Fagan. TAX MAP NO.: 20-24-0785-007. 52 .a 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: April 18, April 25 and May 2, 2014 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. isa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 2 day of May, 2014 Notary COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO.. CUMBERLAND CNTY My Commission Expires Apr 28, 2018 The Patriot -News Co. 2020 Tetrhnology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 be atriotNews Now you know 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 the Assistant Controller 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 C_ o_ m_ pany_is_interested..th_p.subject matter of said printed notice or advertising, and that all of the allegations of this statement as •2012-2778 Civil Term :er of publication are true; and Wells Fargo Bank, NA 11 knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on Vs ). aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the Brian G. Fagan ?ctors of the said Company and subsequently duly recorded in the office for the Recording of Deeds Atty: Jaime R Ackerman Dhin in Miscellaneous Book "M", Volume 14, Page 317. ALL THOSE CERTAIN TWO LOT: OF GROUND SITUATE ON THI SOUTH SIDE OF WEST KELLEF STREET, IN THE BOROUGF OF MECHANICSBURG, IN THI COUNTY. OF CUMBERLANI AND STATE OF PENNSYLVANIA BOUNDED AND DESCRIBED Al FOLLOWS, TO WIT: LOT NO. 1- BEGINNING AT 1 POINT ON THE SOUTHER! LINE OF WEST KELLER STREE AND AT CORNER OF LOT NC 27 ON THE HEREINAFTE MENTIONED PLAN OF LOT THENCE IN A SOUTHERL DIRECTION ALONG TH UNE OF SAID LOT NO. 27, 2D, FEET TO A POINT ON TH NORTHERN LINE OFA 12 FEE WIDE ALLEY; THENCE IN WESTERLY DIRECTION ALON THE NORTHERN LINE OF SAI ALLEY SO FEET TO A POINT A CORNER OF LOT NO. 29 ON TH HEREINAFTER MENTIONE PLAN OF LOTS; THENCE 1 A NORTHE LY DIRECTIO ALONG TIT OF SAID LC _wTn_ 1R. , This ad ran on the date(s) shown below: 04/13/14 04/20/14 04/27/14 Sworn to • n• subscribed before me s,A2,day of May, 2 14 A.D. ublic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Public Washington ngton TWP , Dauphin Coun ty My Commission Expires Dec. 12, 2016 MEMBER. PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Barclay Fitzpatrick & Mary Jane Casavant is the grantee the same having been sold to said grantee on the 4th day of June A.D., 2014, under and by virtue of a writ Execution issued on the 24th day of February, A.D., 2014, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 2778, at the suit of Wells Fargo Bank, NA against Brian G. Fagan is duly recorded as Instrument Number 201416261. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this as day of L J .t477, De Recorder of eeds Recorder of Deeds, Cumberland County, Cad sie, P* My Commission. Expires the First Monday of Jan.2018