Loading...
HomeMy WebLinkAbout12-2955IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A., SUCCESSOR CIVIL DIVISION BY MFRGF,R "l'O WACHOVIA BANK, N.A.. NO.: /aZ `o2QSS^ (2ivi 1 tu'n Plaintiff. vs. Dustin S. Thoeny; Sara G. Thoeny; TYPE OF PLEADING CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Defendants. r0 DLFIiND:A? rs YOI AR I, [I I?RI1b) NOTIFI1 1)10 PLEAD TOTFIE. I-NCI ()SID COMPLAINT WITIIIN TWENTY (20) DAYS FROM SGRV[( I- l ]L:RLOF OR ;\ DF.FALJL"r JUDGMENT M;AY 131 1 N'IfR[ 1) %NINS 1 YOI IiLRL131' CFR. IIFY THAT II ll ADDkFSS -1 1'1II_ PI_\IN IIPI IS. I.47OSIAIFV11" 131.VD. MAC 4 X7801-013. }`I , MILLS(' 29715 \ND I111 D11171 NDANI` 8I; Applepree_I mnc Alcchanicsburo_ PA-1-700-2233, (-'I RI II IC AIL OF LO(A IION 111 RI 10 CF:R 111,Y "II IiA'I I IIL LOCA IION OF 11IL 81:AL LS 1111: AI TL( I LD BY THIS LIEN IS 81; ,Appleticc I anc_Mcchiinic,?burg PA 17050-2)33 \-lunieip?l); I I +mpdcn \ I I ( RN1, FOR . LALTII T ',I 1\ Fn I NO. YVP 157-15? FILED ON BEHALF OF: Wells Fargo Bank, N.A., successor by merger to_Waehovia Bank. N.A. COUNSEl- OF RFC'ORD FOR THIS PARTY: ZUCKER, GOLDBERG & ACKERMAN, I.LC - =-' M 1 .. _. Scott A. Dietterick, Esquire Pa. I.D. #55650-. Kimberly A. Bonner, Fsqurro.. ?- Pa. I.D. 489705 Joel A. Ackerman. LsquirC Pa I.D. #202729 Ashleigh Levy Marin, Fsquire Pa I.D. 4306799 Ralph M. Salvia. Esquire Pa LD. 4202946 200 Sheffield Street. Suite 101 Mountainside. NJ 07092 ('908) 233-8500 (908) 233-1390 FAX oflice(t zuckergoldberg.com File No.: X\/'P- 157452;rj 4 7 5' A0 ci 3580 / P- r-- 01 qn6&2 Zucker, Goldberg & Ackerman, LLC XVP-157452 IF THIS IS TILE FIRST NOTICE THAT YOU HAVE RECEIVED FROM T111S OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT.. 15 U.S.C. §1692 ET SEQ. (1977). DEFENDANT(S) MAY DISPUTE THE VALIDITY OF TfIF DEB'I OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING. COUNSEL FOR PLAINTIFF WII.I. OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; (THIERWISF. 1'IIE DEBT WILL BE. ASSUMED TO BE VALID. LIKEWISE. IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING. COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE. ORIGINAL, CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CON"I ACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER l'O tHIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BED MADE TO THE COURT FOR A JUDGMENT UNTIL TILE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF l'OU REQUEST PROOF OF TILE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RF(--E]P"l' OF THIS COMPLAINT, HIE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL I HE. RFQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNLY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS S l_! f L. IF YOU IIAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE.. TI IIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL Zucker, Goldberg & Ackerman, LLC XVP-157452 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WF,'I.I.S FARGO BANK, N.A., SUCCESSOR CIVIL DIVISION BY MERGER TO WACHOVIA BANK, N.A.. NO.: Plaintiff, Vs. Dustin S. Thoeny: Sara G. Thoeny:. Defendants. NOTICE TO DEFEND You have been sued in cour?:. If you wish to defend against the claim set forth in the following pages. you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court vour 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" udgment 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 properly or other rights important to you. YO[? SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT I-IAVF, A LAWYER OR CANNOT AFFORD ONE. GO TO OR TEI,EPIIONE THE OFFICE SE=T FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 LAWYER REFERRAL Cumberland County Bar Association 32 S. Bedford Street Carlisle. PA 17013 Phone (800) 990-9108 (717) 249-3166 Zucker, Goldberg & Ackerman, LLC XVP-157452 IN THE COURT OF COMMON PLEAS OF' CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A., SUCCESSOR CIVIL DIVISION BY MFRGER TO Vl-'ACHOVIA BANK, N.A., Plaintiff, : NO.: \ s. Dustin S. Thoeny; Sara G. Thoeny; Defendants. AVISO US"I'FD HA SIDO DEMONDADO/A EN CORRE. Si usted desca defenderse cle las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de ]a notification de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y redicando en la Corte por escrito sus defensas de, y objeciones a, los demandas presentadas aqui en contra Suva. Se le advierte de que Si usted falla de tomar accion como se describe anteriormente, el caso puede procedcr sire usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamation o remedio solicitado por el demandante puede ser dictado en contra suya por ]a Corte sin mas aviso adicional. Usted puede perder dinero O propicdad u otros derechos importantes para usted. 1, SLED DEBF. LLEVAR EShE DOCUMENTO A SU ABAGADO IMMEDIA'l AMENTF. SI t STED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A I.A SIGUEINTE, OF1CENA PARA AVFRIGUAR DONDF PUEDF ENCON'I'RAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICF. TO DEFEND Cumberland County Bair Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 LAWYER RFFERRAL Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 Zucker, Goldberg & Ackerman, LLC XVP-157452 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WF,l,I,S FARGO BANK, MA., SUCCESSOR CIVIL DIVISION BY MERGER TO WACH(.)VIA BANK, N.A., Plaintiff, NO.: S. Dustin S. 'Fhoeny: Sara G. Thoeny; Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Wells Fargo Bank, N.A., successor by merger to Wachovia Bank, N.A., by its attorneys, Zucker, Goldberg & Ackerman, LLC, and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Wells Fargo Bank, N.A., successor by merger to Wachovia Bank, N.A., (hereinafter "plaintiff") having its principal place of business at 3476 STATEVIEW BLVD., MAC # X7801-013, FT. MILL, SC 29715. 2. The Defendants, Dustin S. Thoeny and Sara G. Thoeny, are individuals whose last known address is 815 Appletree Lane, Mechanicsburg, PA 17050-2233. 3. On or about March 29, 2007, Dustin S. Theony executed a Note in favor of PNC Mortgage, LLC in the original principal amount of $238,500.00. 4. On or about March 29, 2007, as security for payment of the aforesaid Note, Dustin S. Thoeny, a rnarried person and Sara G. Thoeny, a married person made, executed and delivered to PNC Mortgage, LLC a Mortgage in the original principal amount of $238,500.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on April 11, 2007, in Mortgage Book Volume 1988, Page 1017. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "A", attached hereto and made a part hereof. 5. The Mortgage was assigned to Plaintiff by Assignment of Mortgage dated March 28, 2007 from PNC Mortgage, LLC to Wells Fargo Bank, NA, Said Assignment was recorded on April 11, 2007, in Book 0735, Page 4405. Zucker, Goldberg & Ackerman, LLC XVP-157452 6. The aforesaid Mortgage was amended and increased in principal amount of $266,641.26 pursuant to a certain Modification Agreement by and between Wells Fargo Bank, N.A. and Defendants, Dustin S. Theony, which is unrecorded at this time. The terms of said modification set forth the interest rate at 4.000% with a new monthly payment and interest amount of $1,272.99 commencing December 1, 2010 and continuing thereon with the due date of obligation November 1, 2040. A true and correct copy of said Modification Agreement is marked Exhibit B, attached hereto and made a part hereof. 7. Dustin S. Thoeny and Sara G. Thoeny, husband and wife are record and real owners of the aforesaid mortgaged premises. 8. Defendants are in default under the terms of the aforesaid Mortgage and Note for, inter alia,, failure to pay the rnonthly installments of principal and interest when due. 9. Plaintiff was not required to send Defendant(s) written notice of Plaintiff's intention to foreclose said Mortgage pursuant to 41 P.S. §403 (Act 6 of 1974) prior to the commencement of this action for the reason that the original principal balance of the aforesaid Mortgage is more than the original principal balance threshold of the Act, and therefore: (a) said Mortgage is not a "residential mortgage" as defined in 41 P.S. §101; (b) the Defendant(s) is/are not "residential mortgage debtor(s)" as defined in 41 P.S. §101, and; (c) the mortgage premises is not "residential real property" as defined in 41 P.S. §101. 10. The amount due and owing Plaintiff by Defendants is as follows: Principal $265,096.81 Interest through 4/13/2012 $11,836.20 Late Charges $ 377.10 Escrow Advance $2,633.69 Inspection I Fees $205.00 Total $280,148.80 plus interest on the principal sum ($265,096.81) at the daily per diem amount of $29.05, and all other additional amounts authorized under the Mortgage, actually and reasonably incurred by Plaintiff, including but not limited to, late charges, costs (including escrow advances) and Plaintiffs attorneys' fees and expenses. Plaintiff reserves the right to file a motion in the above-captioned action to add such additional sums to the above amount due and owning when incurred. Zucker, Goldberg & Ackerman, LLC XVP-157452 11. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability under the aforesaid Note in a bankruptcy proceeding, this action is in no way an attempt to re-establish such liability. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $280,148.80, with interest thereon at the daily per diem amount of $29.05 plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. ZUCKE/R, GOLDBERG & ACKERMAN, LLC BY: Dated: +r f 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 Attorneys for Plaintiff XVP-157452/rj 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Zucker, Goldberg & Ackerman, LLC XVP-157452 EXHIBIT A Zucker, Goldberg & Ackerman, LLC XVP-157452 NO-7 `iPR 1.1 An 8 58 Prepared By: PNC MORTGAGE, LLC 2710 5TH AVENUE S„ MINNEAPOLIS, MN 554080000 Return To: WFHM FINAL DOGS X9999-01M 1000 BLUE GENTIAN ROAD EAGAN, MN 55121 Parcel Number: I D --1-1 -103 2S n-30 Premises: 815 APPLETREE LANE MECHANICSBURG (Space Above This Line For Recording Dotal MORTGAGE DEFINITIONS Words tised in uwltiple sections of this document are defined below and Other Nvords are defined in Sections 3, It. 13. 18, 20 and 21. Certain rules regarding the usage Of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated MARCH 29, 2007 together with all Rioters to this document. (B) "Borrower" iS DUSTIN S THOENY, A MARRIED PERSON and SARA G. THEONY, A MARRII) PERSON Borrower is the mortgagor under this Security Instrument. (C) "Lender" is PNC MORTGAGE, LLC 101060592511 PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1101 NMFI. x+3039 (PACM) Rev 12:1912005 40--6(PA) lo5ce) S? Pap 1 0110, Im:ni n: VM- 1VU-1 i;v! 5n;c1 urv, h.:, :a-,-())5Z"1 .7291 8K1988PG1017 10Lender is a LIMITED LIAI6LITY COMPANY organized and existing under the laws of THE STATE OF DELAWARE" Lender's address is P.O. BOX 11701, NEWARK, NJ 071014701 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated MARCH 29, 2007 The Note states that Borrower owes Lender TWO HUNDRED THIRTY EIGHT THOUSAND FIVE HUNDRED AND 00/100 sNP .4 Dollars ***"*230, 500. 00 ) plus interest. Borrower hits promised to pay this debt in regular Periodic Payments and to pay file debt ill full not l;ucr than APRIL 01, 2037 (E) "Properh" means Elie property that is described below under the headit transfer of Rights in the Property.' -t (1'') "Loan" means the debt cv idcnced by the Now. plus intcnst, any prepayment charges and litre charges due under the Note. and all sums due under this Security Instrument, plus intcrcgi; (C) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicablej: Adjustable Rate Rider C Condominium Rider CI Second Home Rider t-J Balloon Rider L-1 Planned Unit Development Rider 1-4 Family Rider _ ?_XI VA Rider Biweekly Payment Rider Othcr(s) (specify, (h[) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, Ordinances and administrative rules and orders (that have the ci't'ed of law) as well as all applicable final, non appealable judicial opinions. (1) "Community Association Ducw, Fees, and Assessments" mewls all dues, fees, assessnlems and other charges That arc imposed on Borrower or the Property by a condominium association, homeowners association or Similar organization. (3) "Electronic Funds 't'ransfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through .ul electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) " Lscrow (tans" mcaris those items that are described in Section 3. (L) "T7iscellancrrus Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for; i i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance to lieu of condemnation; or {iv) misrepresentations Of, or omissions as to, the value andior condition of the Property. (A1) "N1101-tAv Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loaul -6(PA) 0506 +',,q-, 2 of 16 form 3039 1/01 es; BKI988PG1018 (N) "Periodic Paviment" means the regularly scheduled amount due for ii) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (O) "RESPA" means the Reel Estate Settlement Procedures Act (12 U.S.C. Section 2001 ct seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or su,.cessor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" rclcrs to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even it the Loan does not qualify as a "federally i&iied mortgage loan" under RFSPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that part}' has assumed Borrower's obligations under the Noic ttnd/or this Security Instrument. VRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note, and (ii) the performance of 13orrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the COUNTY [Type of Recording lurisdicuornl of CUMBERLAND IName of Recording Jurisdioiunl: PLEASE ATTACH LEGAL DESCRIPTION THIS IS A PURCHASE MONEY SECURITY INSTRUMENT. TAX STATEMENTS SHOULD BE SENT TO. WELLS FARGO HOME MORTGAGE, P.O. BOX 11701, NEWARK, NJ 071014701 which currently has the address of 815 APPLETREE LANE 815 AYPLETREE LANE ;Sirecil MECHANICSBURG j0i)l, Pennsylvania 17050 1 Zip Code I ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easemcrtts, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." rJ/f Initials. 7,1 =VWA) Iowtni H,+uv 3 of i s Form 3039 1101 BKI988PGI019 BORROWER COVENAN'T'S that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property . UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Burrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Notc.or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, b.uik check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds 'T'ransfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the loan current, without Waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. II' each Periodic Payment is applied as of its scheduled due date, then Lender need not pity interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower, If not applied earlier, such funds will be applied to the outstanding principal halance under the Note immediately prior to foreclosure. No offset or claini which Borrower might have now or in the future against Lender shall relieve Borrower from making payments duo under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or ProcaAs. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied w each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for it delinquent Periodic Payment which includes it Sufficient amount to pay any late charge due. the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be -6(PA)tcwai Form 3039 1101 BKI988PG1020 paid, in full. To the extent that any excess exists after the payment is applied to the full payment of' one or more Periodic Payments, such excess may be applied to any late charges due, Voluntary prepayments shail be applied first to any prepayment charges and then as described in the Dote. Any application of payments, insurance proceeds. or Miscellaneous Proceeds to principal due under the Note shall not extend or :postpone the due date, or chanLe the amount, of the Periodic Payments. 3. Funds I'or Fserow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Dote is paid in full, a sum (the "Funds") to provide for payment of amounts due for. (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lice or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section S; and (d) Mortgage Insurance premiums, if any. or any sums payable by Borrower to Lender to lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination ur at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such clues, fees and assessments shall be an F,scrow Item. Borrower shall promptly furnish to Lender all notices of amounts to he paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender Waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay I..scrow Items directly, pursuant to a waiver, and Borrower tails to pay the amount due for an Escrow Item_ Lender may exercise its tights under Section d and pay such amOunt and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to lender all Fun(ls, and in such amounts, than are then required under this Section 3. Lender may, at any time, collect and hold Funds in an anwunl (a) sufficient to permit Lender ter apply the Funds at the lime specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose dcposils are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apple the Funds to pay the Escrow Items no later than the time specified under RESPA. Lettiler shall not charge Borrower for holding and applying the Funds, tmnually analyzing the escrow account, or verifying the Escrow items, unless Lender pays Borrower interest on file Funds and Applicable Law hermits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires merest to be paid on the Funds_ Lender shall not be required to pay Borrower any interest or earnings on the Funds.. Borrower and Lender can agree in writing. huwevct, that interest -61PAf;o5os "1a f 1E Form 3039 1;01 BK 1988PG 10211 shall be p,.tid on the Funds. Lcndcr shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender sliall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by Rf:SPA, and Borrower sliall pay to Lender the amount necessary to'make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument. Lcndcr shall promptly refund to Borrower any Funds held by Lcndcr. 4. Charges; Lions, Borrower shall pay all taxes, assessments. charges, fines, and impositions attributable to the Property vthich can attain priority over this Security Instrument, leasehold payments or ground rears on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Burrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a planner acceptable to Lender. but only so lone as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien all agreement satisfactory to Lender subordinating the lien to this Security Instrument. It' Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument. Lender may give Borrower a notice identifying the 11cn. Within IQ days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Rorrower to pay it one-tinge charge for a real esutte tax verification andior reporting service used by Lender in connection with this Loan. 5. Properly Insurance„ Borrower shall keep the improvements now existing or hereafter erected on the Property insured akaiusi loss by fire, hazards included within the terra "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that lender requires. Whitt Lender require,, pursuant to the preceding sentences can chmige during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrow-r's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this loan, either: (a) it one-tune charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges cacti time remappings or similar changes occur which reasonably might allect such determination or certification. Borrower shall also be responsible for the payment of any Ices imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting froth an objection by Borrower. -6 (PA) ,ob: arc e Qr 16 Form 3039 1;01 BR1988PG1022 11' Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense, lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Burrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by, this Security Instrument. These amounts shall bear interest at the Note ripe Iroin the dale of disbursement and shall he payable, with such interest, upon notice From Lender to Borrower requesting payment. All insurance policies required by Under and renewals of' such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. 1f Lender rcquirr_s, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of toss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss it' not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied ter restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is riot lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds wail Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless in agreement is made in writing or Applicable Law requires interest to be paid en such insurance proceeds, lender shall not be required to pay Borrower any interest or earnings on such proceeds. fees for public adjusters, or other third parties, retained by Borrower ,hall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. It' the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security lnslrument, whether or not then due, wish the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. 11' Borrower abandons the Property. Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Propcrty under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering, the Property, insofar '.IS such rights are applicabic to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 1?i;45 ;)'?-r (?- -6CPAf (05061 rays o+ 16 Form 3039 1101 8K ! 988PG 1023 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withlicld, or unless extenuating circumstances exist which are beyond Borrower's control. 7, Preservation, Maintenance and Protection of the Property; Inspections. Burrower shall not destroy. damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is 1101 c:canorrtieally feasible. Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may, disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Burrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default it', during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or taiied to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning; Borrower's occupancy of [lie Propene as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (suih as a proceeding in bankruptcy, probate, for condemnation or forlciture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and'or repairing the Property. Lender's actions can include, but are not limited to: (,a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering lice Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. -6(PA) to5oet Page B o+ t6 Form 3039 1101 BKI988PG1024 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If thts Security Instrument is on it leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger iin writing. 10. Mortgage Insurance. 11' Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and lorrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in cffcct, at it cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. 11' substantially equivalent Mortgage InsurancC coverage is not available., Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-rcl'undablc loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if' Mortgagc Insurance coverage tin the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. 11' Lender required Mortgage Insurance as a condition of malting the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide it non-refundable loss reserve, until Lender's requirement for Mortgage insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrowcr's obligation to pay interest at the rate provided in the Note. Mortgagc lrlsnritncc reimburses Lender (.or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that arc satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the Mortgage insurer to make payntenis using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, qtly reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any' such agreements will not affect the arnounts that Borrower has agreed to pay for Aortgage Insurance, or any other terms of the Loan. Such agreenents sill not increase the amount Borrower is-ill owe for Nlorigage, Insurance, and they will not entitle Borrower to and refund. ? •6(PA) to 5C8, Page 9 zt 16 - -- Form 3039 1101 BK1988PG1025 (b) Any such agreements will not affect the rights Borrower has - if any - with reslwt to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiurns that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid w Lender. If the Property is damaged. such Miscellaneous Proceeds shall be applied to restoration or repair of the Iroperty, it the resuoration or repair is economically feasible and Leudcr's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to erlstrN the work has been completed to Lender's satisfaction. provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as tho work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of it total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall he applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of' the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount o1 the sums secured immediately bctbre the partial taking, destruction, or loss in value divided by (b) the fair market value of the Properly irtunediately before the partial taking, destruction, or loss in value. Any balance shall be paid w Borrower. In the evens of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is icss than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Burrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in defaull if any action or proceeding, whether civil or criminal, is begun that, in Lender's +udgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, it acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be int.,11S x_ L?& 40-6(PA) :oz5oa? Pago ,o 01 '6 Form 3039 1/01 BK 1988PG 1 026 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights tinder this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borro«er Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sutras secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by tike original Borrower or any Successors in Interest of Borrower. Any forbearance by lender in exercising any right or remedy including, without :imitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall bL joint and several. However, any Borrower who co-signs this Security Instn.mtent but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Sccurity Instrument: (b) is not personally obligated to pay the sums secured by this Security Instrument, and (e) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Burrower shall not be released from Borrower's obligations and liability under this Security instrument unless Lender agrees to such release in writing, ']'he covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for Rte purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other tees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally inte.Treted so that the interest or other loan charges collected or to be collected in connection with the Lean exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. It' a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower ,vill constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to -6(VAt 105081 Page 17 of 16 Form 3039 1101 8K 1988PG 1027 have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower hats designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies it procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. 't'here may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security 16. Governing Law; Severability; Rules or Construction. This Security Instrument shall be governed by federal law and the last of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by conuact or it might be silent, but such silence shall not he construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (.c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or bencficial interest in the Property, including, but not limited to, those beneficial interests transferred in it bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or it Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent. Lender may require immediate payment in full of all sums secured by this Security Instrument. Ilowcver, this option shall riot be exercised by Lender if such exercise is prohibited by Applicable Law-. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pav these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19, Borrow'er's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to it, e earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate: or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be clue under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or -6(PA) :o_oa' i :ago 12 it t 6 Form 3039 1101 8K19-88PG 1028 agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security lnstrurnent: and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged, Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order: (e) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20, side of Note; Change of Loan Servicer; Notice of Grievance. 'rhe Dote or a partial interest in the Dote (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might resul( in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Dote, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser, Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the tn,amber of a class) that arises from the other party's actions pursuant to this Securit), Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other pary hereto a reasonable period after the giving of such notice to take corrective action. It Applicable Law provides it time period which must elapse before certain action can be taken, that tinnc period will he deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21, Hazardous Substances, As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the tollowing substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvr,nts, materials containing asbestos or tornnaldehyde, and radioactive materials: (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection, (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. 40-6(PA) :o od: Papu 13 0, , a Form 3039 1/01 BKI988PG1029 Borrower shall not cat?se or permit the presence, use, disposal, storage, or release of wly hazardous Substances, or threaten to reluasc any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of it Hazardous Substtnice, create, a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by am governmental or regulatory agency or private party involving the Property and any lazardous Substance or Environmental Law of which Borrower has actual knowledge, (bt any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Iazardous Substance, and (c) any condition caused by the presence, use or release o1' it hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other reniediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly lake all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup, NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; RemoAes. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, uniting other things: (a) the default; (h) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in :acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured us sp vified. Lender at its option ma% require immediate payment in full of all sums secured by this Security instrument without further demand and muv foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expensc-i incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fe s and costs of title esidence to the extent permitted by Applicable Law-. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. Alter such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender cony charge Borrower a fee for releasing [his Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Mont} Mortguge. It any of die debt secured by this Security Instrument is tent to Borrower to acquire title to the Property, this Secturity Instrument shall he a purchase money mortgage. 27. Interest Rate Alter Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 1 1, In: M-6WA)imoe; Pago 14 of 16 Form 3039 1/01 ® 8K 1988PG 1030 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses; j CONNIE J j C I(?? (Seal) SARA G. THEONN' DUSTIN S THOENY -Borrower -- (Sea)) -Borrimfr (Seal) Borrower _ (Seal) Borrower (Seal) Rorrower _ (Seal) Bor rowdr { Seal) - -- (.Seal) -Borrower • bo rrow•C r -G(PA) :o os:• ?, J„ 15 "d » Form 3039 1101 8KI988PG1031 1 COA1MONWE ALT11 OF 11ENNSYLVANIA, 1 County ss: On this, the C day of Y C? before me, the undersigned ol'fucer, personally appeared DUSTIN S THOENY SARA 0. THEONY known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she; thoy executed the same for the purposes herein contained. IN WITNESS WHEREOF, l hereunto set my hand and official seal. My Commission Expires: COMMONWEALTH OF PENNSYLVANIA ?- Notariai Seal Snen L. Wlli-Hotter, Notary Public Can,t`:-101 B xm, Gurnberland County Title orOili?cr My Canmvvxr Expres Nov. 4, 2007 Member. Pernnsylvanla Association Of Notenes Ccrtilicalc of Residence 1, . do hereby certify that the correct address ol'the within-named Mortgagee is P.O. BOX 11701, NEWARK, NJ 071014701 Witness my hand this day of Agont of %lurtgagec ?., ?Ifit?-61PA) I3506i pao,? 16 0! 16 Form 3039 1101 BKI988'PG1032 VA GUARANTEED LOAN AND ASSUMPTION POLICY RIDER NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. THIS VA GUARANTI=ED LOAN AND ASS(I'MPTION POLICY RIDER is made this29TH day ol'MARCH, 2007 , and is incorporated into and shall be deemed to amend and supplement the Mortgage. Deed of Trust or Deed to Secure Debt (herein "Security Instrument") dated of even date herewith, given by the undersigned (herein "Borrower") to secure Borrower's Note to PNC MORTGAGE, LLC (herein "Lender") and covering the Property described in the Security Instrument and located aL 815 APPLETREE LANE, MECHANICSBURG, PENNSYLVANIA 17050 [Propetn• Address] VA GUARANTEED LOAN COVENANT: In addition to the covenants and agreements made in the Sccurit}' Instrument, Borrower and Lender further covenant and agree as follows: U the indebtedness secured hereby be guaranlced or insured under Title 38, United States Code, such Title and Regulations issued thereunder and in effect on the date hereof shall govern the rights, duties and liabilities of Burrower and Lender. Any provisions of the Security Instrument or other instruments executed in connection with said indebtedness which arc inconsistent with said "Title or Regulations, including, but not limited to, the provision for payment of any sum in connection with prepayment of the secured indebtedness and the provision that the Lender may accelerate payment of the secured indebtedness pursuant to Covenant 18 of the Security Instrument, are hereby amended or negated to the extent necessary to conform such instruments to said Title or Regulations. MULTISTATE VA GUARANTEED LOAN AND ASSUMPTION POLICY RIDER •538R 103101 110 X51 Page 1 of 3 Initi?als- VMf Mortgage Solutions {8001521-729 8KI988PG1033 LA'Z'E CHARGE: At Lenders option, Borrower will pay it "late charge" not exceeding lour per centum (4`7A) of the overdue payment when paid more than fifteen (15) days after the due date thereof to cover the extra expense involved in handling delinquent payments, but such "late charge" shall not be payable out of the proceeds of any sale nt.ade to satisfy the indebtedness secured hereby, unless such proceeds are sufficient to discharge the entire indebtedness and all proper costs and expenses secured hereby. GUARANTY: Should the Dcpartmcnt of Veterans Affairs fail or refuse to issue its guaranty in full amount within 60 days from the date that this loan would normally become eligible for such guaranty committed upon by the Department of Veterans Aft;airs under the provisions of Title 38 of the U.S. Code "Veterans Benefits," the Mortgagee may declare the indebtedness hereby secured at once due and payable and may foreclose immediately or may exercise any other rights hereunder or take any other proper action as by law provided. TRANSFER OF THE PROPERTY: This loan may be declared immediately due and payable upon transfer of the property securing such loan to any transferee, unless the acceptability of the assumption of the loan is established pursuant io Section 3714 of Chapter 37, Title 38, United States Code. Art authorized transfer ("assumption") of the property shall also be subject to additional covenants and agreements as set forth below: (a) ASSUMPTION FUNDING I:Fl-.: A fee equal to one-hall of one percent ( t).5 of the balance of this loan as of the date of transfer of the property shall be payable: at the time of transfer to the loan holder or its authorized agent, as trustee for the Department of Veterans Affairs. If the assuner fails to pay this fee at the tirrte of transfer, the fee shall constitute an additional debt to that already secured by this instrument, shall bear interest at the rate herein provided, and, at the option of the payee of the indebtedness hereby secured or any transferee thereof, shall be immediately due and payable. This fee is automatically waived it the assurner is exempt under the provisions of 38 U.S.C. 3729 (c) t,b) ASSUMPTION PROCESSING CIIARGE: Upon application for approval to allow assumption o!- this loan, a processing fee may be charged by the loan holder or its authorized agent [Or determining the creditworthiness of the assurner and subsequently revising the holder's ownership records when in approved transfer is completed. The arnount of this charge shall not exceed the maximum established by the Department of Veterans Affairs for a loan to which Section 3714 of Chaptcr 37. "Title 38, United States Code applies. (c1 if this obligation is assumed, then the assumer hereby agrees to assume all of the obligations of the veteran under the terms of the instruments creating and securing the loan. The assurner further agrees to indemnify the Department of Veterans Aff.tirs to the extent of any claim payment arising from the guaranty or insurance of the indebtedness created by this instrument Initialsrj_" 5 f'- _q- t0-538R (0310) Page 2 of 3 BK 1988PG 1034 11\ wrrNESS WIIEREOF, Borrower(s) has executed this VA Guaranteed Loan and Assumption Policy R}der DUSTIN S THOENY Hurru„rr 4= 538R (03101 SARA G. THEONY Hurrow?r -l3urru?srr -13urru«c r Paco 3 of 3 -13orn,u rr -13urruu er BuUOIAVr } ('t rt l?l tilis to l,? I-ccomled rrr111"crialid COUnty PA 1 BK 1988PG 1035 ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, more particularly described in accordance with a Subdivision Plan of Laurel Hills, Section 15, made by Buchart-Horn, Consulting Engineers and Planners, Job No. 203020, and recorded in the Office for the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 31, Page 27, being LOT N O. 256, as follows, to wit: BEGINNING at a stake on the northern legal right of way line of Ridgewood Drive, at the dividing line between Lots Nor, 250 and 256, Section 15 on the above-referenced plan of lots; thence along said dividing line North 18 degrees 20 minutes 45 seconds West, 96.65 feet to a stake at the dividing line of Lots Nos. 255 and 256, Section 15 on the above-referenced plan of lots; thence along said dividing line North 71 degrees 39 minutes 15 seconds East, a distance of 100 feet to a stake on the western legal right of way line of Appletree Lane: thence along the western legal right of way line of Appletree Lane, South 18 degrees 20 minutes 45 seconds East, a distance of 101.33 feet to a stake; thence continuing along same, by a curve to the right, having a radius of 25.00 feet, an arc length of 49.31 feet to a stake; thence North 85 degrees 20 minutes 45 seconds West, a distance of 70.87 feet to a stake, the point and place of BEGINNING. HAVING THEREON ERECTED a dwelling known and numbered as 815 Appletree Lane. (THOENY. DS.PF WTHOENY.DSI35! 8KI988PG1036 EXHIBIT B Zucker, Goldberg & Ackerman, LLC XVP-157452 Wells Fargo Home Mortgage MAC X7802-03H 3480 Stateview Blvd. FORT MILL, SC 29715 800 416-1472 Customer Service LOAN MODIFICATION AGREEMENT LOAN NUMBER: PROPERTY ADDRESS 815 Appletree Lane Mechanicsburg PA 17050 THIS LOAN MODIFICATION AGREEMENT ("Agreement"), made on October 07, 2010, by and between Dustin S Thoeny and and (the "Borrower(s)") and Wells Fargo Bank, N A (the "Lender", together with the Borrower(s), the "Parties"). WITNESSETH WHEREAS, Borrower has requested and Lender has agreed, subject to the following terms and conditions,-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 .the Parties, it is agreed as follows.-(notwithstanding anything*to the-contrary in the Note and Security Instrument dated 03/29/2007.) 1. BALANCE. As of October 07, 2010, the amount payable under the Note and Security Instrument (the "Unpaid Principal Balance") is U.S. $ 233,718.44. 2. EXTENSION. This Agreement hereby modifies the'_following..terms of the Note and Security Instrument described herein above_a`s;fcllows:- A. The current contractual due date has been extended-from 02'-01-09,-.-- to 12/01/2010. The first modified contractual due date is on ` --- - -- 12/01/2010. B. The maturity date has been extended from-04-37 (month/year-)„to. - 11/01/2040. C. The amount of interest to be included (capitalized) will be U.- S: $ 27,851.34. The amount of the Escrow Advance to be capitalized will be U.S. $5;071-:48,.;• The amount of Recoverable Expenses* to be capitalize6vwi'll be U.S. $0.00. The modified" Unpaid Principal Balance is: U. S. -,$ 266, 64.1,.26. r? * Recoverable Expenses may include, but are not'limited to:. Title;; Attorney fees/costs, BPO/Appraisal,,and/or Property'Preservation%_ 1 Property Inspection:? = D. The Borrower(s) promises to pay the Unpaid Principal Balance.plus- interest, to the order of the Lender. Interest will be charged on the Unpaid Principal Balance of U.S. $ 266,641.26. The Borrower(s) promises to make.monthly payments of principal and interest of U.S.'$J.11272.99, at a yearly rate of 4.00001, not including any escrow-deposit, if applicable. If on the maturity date the-Borrower(s) stiTl'owes an amount, under the Note and Security Instrument, as amended by this Agreement,'- -". - -Borrcwer(s)'will pay this amount in full on the maturity,date. LM521/RDZ/1 Wells Fargo Home Mortgage is a division of Wells Fargo Bank, N:A:. Wells Fargo Home Mortgage MAC X7802 03H ,480 Stateview Blvd. FORT MILL, SC 29115 800 415-1412 Customer Service NOTE AND SECURITY INSTRUMENT. Nothing in this Agreement shall be -understood or construed to be a Satisfaction or release, in whole or in hart of the Borr'ower's obligations under the Note or Security Instrument. Further, except as otherwise specifically provided in 1=his Agreement, the Mote and Security Instrument will remain unchanged, and Borrower and Lender will be bound by, and shall comply with, all of the terms and 10rovisions thereof, as amended by this Agreement. 1. The undersigned Borrower(s) acknowledge receipt and acceptance of the Loan Modification Settlement Statement. Borrower(::) 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 5ettlement- ?;. The undersigned Borrower(s) acknowledge receipt and acceptance of the Borrower Acknowledgements, Agreements, and Disclosures Document (BRAD) 6, if included, the undersigned Borrower(s) acknowledge receipt and acceptance of the Truth in Lending statement- Tf included, the undersigned.Borrower(s) acknowledge receipt and acceptance of the Special Flood Hazard Area (SFHA). S. That (rre/she/they) (is/are) the Borrower(s) on the above-referenced Mortgage Loan serviced by Wells Fargo Bank, N A:- That (he/she/they) have experienced a financial- hardship or change in financial circumstances since the origination of (his/-her/tY-_eir) Mortyaye Loan. That (he/she/they) did not intentionally or purposefully default on,the Mortgage Loan in order to obtain a loan modificati:on.- LM521/RDZ/2 Wells Fargo Home Mortgage 's a division of Wells Fargo Bank; N X:_ - Wells Fargo Home Mortgage MAC X7802-03H 3480 Stateview Blvd. FORT MILL, SC 29715 800 41 6-1472 Customer Service CORRECTION AGREEMENT. The undersigned borrower(s), for and in consideration of the approval, closing and funding of this Modification, hereby grants Wells Fargo Bank, N A, as lender, limited power of attorney to correct and/or initial all -ypographical or cle--•ical errors discovered in the Modification Agreement required to be signed. In the event this limited power of attorney is exercised, the undersigned will be notified and receive a copy of the document executed or initialed on their 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 under--signed. This lifnited power of attorney shall automatically terminate in 120 days from the closing date of the 'indersigned's Modification. .Z =r_- (Borrower(s) initial) IN WITNESS WHEREOF, the Parties hereto have. executed this Agreement as the date first above written. By signing this AgreEe_ment I hereby consent to being contactc>d concerning 'this loan at any cellular or mobile telephone number. I_. may have. This includes t=ext messages and telephone calls including:the'use of, automated dialing systems to contact my cell_1_il-ar-n.r mobile tr;lephorle. You will not be billed by your cellular or mobile carrier--for any text messages you may receive from Wells Fargo, however;-any calls we "lace _- to your cellular or mobile phone will incur normal airtime charges --- assessed by your mobile carrier. ]Dated as of this day of Dustin S Thoen y Signature - Wells Fargo Bank, N A 11ame : Its: LM527/RDZ/3 OL,kOb e )t- , 20 10 Signature Wells Fargo Home Mortgage is a division of Wells Fargo Bank; N.A: - - VERIFICATION Tracy Archuleta, hereby states that`/she is Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff or mortgage servicing agent for plaintiff in this matter, that N/she is authorized to make this Verification. and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of Ns/her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE; Name:Thocnv File #:l `>7452 Name: Tracy Archuleta Title: Vice President. I ,oan Documentation 032-P,1-V3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A., successor by merger to CIVIL DIVISION Wachovia Bank, N.A. ' Plaintiff, NO.. - Vi I te"?„- vs. Dustin S. Thoeny; Sara G. Thoeny; 'IM Defendant(s). -, - < . - j NOTICE OF RESIDENTIAL MORTGAGE FORECLOSUr? s- DIVERSION PROGRAM = d_ You have been served with a foreclosure complaint that could cause you to lose'yourhome. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. TIDS PROGRAM IS FREE. Zucker, Goldberg & Ackerman, LLC XVP-157452 ZUCKER, GOLDBERG & ACKERMAN, LLC BY:? Ida, % , Dated: v /j- Scott A. Dietterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 Attorneys for Plaintiff XVP-157452/cper 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoIdberg.com Zucker, Goldberg & Ackerman, LLC XVP-157452 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date: Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete. your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUSTOM .. MARY APPLICANT Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Address (if different): City: Phone Numbers: Email: # of people in household: Yes ? No ? Yes ? No ? Listing date State: Zip: Price: $ Realtor Phone: Home: Cell: State: Zip: Office: Other: CO-BORROWER 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: Date you closed your loan: Total Mortgage Payments Amount: $ Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ? No ? If yes, provide names, location of court, case number & attorney: Home: Cell: State: Zip: Office: Other: How long? How long? Included Taxes & Insurance: Zucker, Goldberg & Ackerman, LLC XVP-157452 Assets Home: Other Real Estate: Retirement Funds: Investments: Checking: Savings: Other: Automobile #1: Amount owed: Automobile #2: Amount owed: Amount Owed: Model: Value: Model: Value: $ Value: Year: Year: Monthly Income Name of Employers: 1. 3. - Additional Income Description (not wages): 1. Monthly amount: 2. Monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2"d Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV _ Child Support/Alim. Spending Money _ Day/Child Care/Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on income & Expenses: Have you been working with a Housing Counseling Agency? Yes ? No ? If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Email: Fax: Zucker, Goldberg & Ackerman, LLC XVP-157452 Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ? No ? If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ? No ? If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Servicing Company (Name): Contact: Phone: Phone: AUTHORIZATION I/We, , authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Co-Borrower Signature Date Date Please forward this document along with the following information to lender and lender's counsel: V Proof of Income V Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of current utility bill V Letter explaining reason for delinquency and any supporting documentation (hardship letter) V Listing agreement (if property is currently on the market) Zucker, Goldberg & Ackerman, LLC XVP-157452 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A., successor by merger to CIVIL DIVISION Wachovia Bank, N.A. : Plaintiff, NO.: vs. Dustin S. Thoeny; Sara G. Thoeny; Defendant(s). REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated February 28, 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 1. Defendant lives in the subject real property, which is defendant's primary residence; 2. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program" and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Signature of Defendant's Counsel/Appointed Date Legal Representative Signature of Defendant Signature of Defendant Date Date Zucker, Goldberg & Ackerman, LLC XVP-157452 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A., successor by merger to CIVIL DIVISION Wachovia Bank, N.A. : Plaintiff, NO.: vs. Dustin S. Thoeny; Sara G. Thoeny; Defendant(s). CASE MANAGEMENT ORDER AND NOW, this day of ,20 ,the defendant/borrower in the above- captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised conciliation Conference on at M. in Cumberland County Courthouse, Carlisle, Pennsylvania. at the 1. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 2. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable Zucker, Goldberg & Ackerman, LLC XVP-1S74S2 resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 3. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 4. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, J. Zucker, Goldberg & Ackerman, LLC XVP-157452 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy 10 t t,12.UN`7 Al 9:29, Richard W Stewart Solicitor 41 PENNSYLVANIA Wells Fargo Bank, N.A. Case Number vs. 2012-2955 Sara G. Thoeny (et al.) SHERIFF'S RETURN OF SERVICE 05/14/2012 04:57 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on May 14, 2012 at 1657 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Dustin S. Thoeny, by making known unto Nicole Keren, adult in charge at 815 Appletree Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. DEN FRY, DEPLZY 05/30/2012 01:30 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on May 30, 2012 at 1330 hours, she served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Occupant of 815 Appletree Lane, Mechanicsburg, Pennsylvania 17050, by making known unto Nicole Keren, current occupant of 815 Appletree Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. TIM A C, DEPUTY 06/01/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Sara G. Thoeny, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program as not found as to the defendant Sara G. Thoeny. Request for service at 815 Appletree Lane, Mechanicsburg, Pennsylvania 17050 the Defendant was not found. Deputies were advised, Sara G. Thoeny is thought to be residing in Los Angeles, California. However, The Mechanicsburg Postmaster is still delivering Sara G. Thoeny's mail to 815 Appletree Lane, Mechanicsburg, Pennsylvania 17050. SHERIFF COST: $59.00 June 04, 2012 (c) CountySuite Shentt, Teleosoft, Inc. SO ANSWERS, RON R ANDERSON, SHERIFF ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN1r ?1 ro? WELLS FARGO BANK, N.A., SUCCESSOR BY MERGER CIVIL DIVISION ?U aa, .) TO WACHOVIA BANK, N.A., 7;' C) ` r , deg` NO.: 12-2955 =O --A ? Plaintiff, VS. TYPE OF PLEADING Dustin S. Thoeny; Sara G. Thoeny; AFFIDAVIT OF SERVICE OF COMPLAINT UPON SARA G. THOENY PURSUANT TO Pa.R.C.P., 404 Defendants. FILED ON BEHALF OF: Wells Fargo Bank, N.A., successor by merger to Wachovia Bank, N.A. Plaintiff COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG & ACKERMAN, LLC Joel A. Ackerman, Esquire- PA I.D. #202729 Ashleigh Levy Marin, Esquire-PA I.D. #306799 Jaime R. Ackerman, Esquire- PA I.D. #311032 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500 (908) 233-1390 FAX office@zuckergoldberg.com File No.: XVP- 157452/jab Zucker, Goldberg & Ackerman, LLC XVP-157452 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A., successor by merger to CIVIL DIVISION Wachovia Bank, N.A. Plaintiff, NO.: 12-2955 Vs. Dustin S. Thoeny; Sara G. Thoeny; Defendant(s). AFFIDAVIT OF SERVICE OF COMPLAINT IN MORTGAGE FORECLOSURE ON DEFENDANT SARA G. THOENY PURSUANT TO Pa.R.C.P 404 I, Scott A. Dietterick, Esquire, Kimberly A. Bonner, Esquire, Joel Ackerman, Esquire, Ashleigh Levy Marin, Esquire, Ralph M. Salvia, Esquire, Jaime R. Ackerman, Esquire, attorney for Plaintiff, Wells Fargo Bank, N.A., successor by merger to Wachovia Bank, N.A., being duly sworn according to law depose and make the following Affidavit regarding the service of Plaintiff's Complaint in Mortgage Foreclosure on Defendant pursuant to Pa.R.C.P. 404 as follows: 1. Defendant, Sara G. Thoeny is the record owner of the real property. 2. On or about July 23, 2012, the counsel for Plaintiff served Defendant, Sara G. Thoeny, with a true and correct copy of Plaintiffs Complaint in Mortgage Foreclosure, via Certified Mail, Return Receipt Requested and First Class U.S. Mail, Postage Pre-paid to 405 CEDARWOOD DR, MANDEVILLE LA 70471-2827. A true and correct copy of said Certified Mail Receipt and Return Receipt is marked Exhibit "A", attached hereto and made a part hereof. Zucker, Goldberg & Ackerman, LLC XVP-157452 10 3. Plaintiff's counsel hereby certifies that Defendant, Sara G. Thoeny, was served with Plaintiff's Complaint in Mortgage Foreclosure in accordance with Rule of Civil Procedure 404, regarding service outside the Commonwealth. Respectfully Submitted: ZUCKER, GOLDBERG & ACKERMAN, LLC By: Joel A. Ackerman, Esquire; Pa I.D. #202729 Ashleigh Levy Marin, Esquire; Pa I.D. #306799 Jaime R. Ackerman, Esquire; PA I.D. #311032 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX office@zuckergoldberg.com Sworn to and subscribed before m(tAhis 7 day of A ? L --S 2012. ublic MY COMMISSION EXPIRES: [--EDWARD J. $CNVJAHL li ^u 5 ?# 2363239 ;ado' uC is Stiie of Pvevv Jersey N't, Comr fission Expires March 09, 2014 i Zucker, Goldberg & Ackerman, LLC XVP-157452 EXHIBIT A Zucker, Goldberg & Ackerman, LLC XVP-157452 b Q) 0 m? obi Q N ?-Official LISPS use ONLY! --i a K-+ CL cn wT. 0 0 0 M C) ° ° EE? r ?..., y a M+ w .. m O V...? ... - ?._ x P CO) -++ Z :.tea C) N a .a CL C2 G W. CL n a? .a V, sv C3 c D ...C to I ri ?..., o 7 3 ? V . w+w ?.O Q? ? ru N m Im I? 1 I m 0 . m 1 C7 K r„ - m '- W _ - '• ;? 4 -• ?? ?.4 • r ? ?? ??4 \ f ? r r zy ` to . (D -? ? i go CF) s r l '• R S C ) . ? P •x 0 .• ? g' , p i , { N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A., successor by merger to CIVIL DIVISION Wachovia Bank, N.A. c-) NO.: 12-2955 C ' Plaintiff, -0z w —a f-n Co c.. VS. _rn C ,_ Z=m Dustin S.Thoeny; Sara G.Thoeny; d r-- --r Defendants. D D c::?rt MOTION TO AMEND CAPTION AND NOW, comes Wells Fargo Bank, NA ("Plaintiff"), by and through its attorneys, Zucker, Goldberg&Ackerman, LLC, and files this Motion to Amend Caption as follows: 1. On or about May 11, 2012, Plaintiff filed a Complaint in Mortgage Foreclosure at the above-captioned term and number against Dustin S. Thoeny, Sara G. Thoeny (hereinafter "Defendants"). 2. Plaintiff has recently discovered that the Complaint inadvertently lists the Plaintiff as Wells Fargo Bank, N.A., successor by merger to Wachovia Bank, N.A.. 3. Based upon this information, Plaintiff wishes to amend the above caption in order to correct the Plaintiff's name so that the Plaintiff is listed as "Wells Fargo Bank, NA". 4. Defendant will not in any way be prejudiced by the amendment of the caption as Plaintiff's request is purely administrative and in no way affects any pleadings of record. WHEREFORE, Plaintiff respectfully requests that this Honorable Court direct the Prothonotary to amend the caption at the above-referenced docket number in order to identify the Plaintiff as "Wells Fargo Bank, NA" and index such change on the docket for Cumberland County. By: �ZUCKE , 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 Attorneys for Plaintiff XVP-157452/jbenn 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office @zuckergoldberg.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A., successor by merger to CIVIL DIVISION Wachovia Bank, N.A. Plaintiff, NO.: 12-2955 vs. Dustin S.Thoeny;Sara G.Thoeny; Defendants. BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO AMEND CAPTION AND NOW, comes Wells Fargo Bank, NA ("Plaintiff"), by and through its attorneys, Zucker, Goldberg & Ackerman, LLC, and files this Brief in Support of its Motion to Amend Caption as follows: FACTS/PROCEDURAL HISTORY On or about May 11, 2012, Plaintiff filed a Complaint in Mortgage Foreclosure at the above-captioned term and number against Dustin S. Thoeny, Sara G. Thoeny (hereinafter "Defendants"). Plaintiff has recently learned that the Plaintiff was inadvertently listed as Wells Fargo Bank, N.A., successor by merger to Wachovia Bank, N.A.. Based upon this information, Plaintiff wishes to amend the above caption in order to correct the Plaintiff's name so that the Plaintiff is listed as "Wells Fargo Bank, NA". ARGUMENT Pennsylvania Rule of Civil Procedure 1033 reads, in pertinent part, as follows: A party, either by filed consent of the adverse party or by leave of court, may at any time change the form of action, correct the name of a party or amend his pleading." Pa.R.C.P. 1033 (2008), See also Rosmondo v. Life Ins. Co., 530 Pa. 37, 39 (Pa. 1992). In this matter, Plaintiff wishes to have the caption amended to reflect the proper Plaintiff in the above captioned matter, as Plaintiff is authorized to amend the caption by leave of Court pursuant to Pa.R.C.P. §1033. The Defendant will not in any way be prejudiced by the amendment of the caption. CONCLUSION Plaintiff respectfully requests that this Honorable Court direct the Prothonotary to amend the caption at the above-referenced docket number in order to identify the Plaintiff as "Wells Fargo Bank, NA" and index such change on the docket for Cumberland County. RESPECTFULLY SUBMITTED: ZUCK- O DBER &ACKERMAN, LLC BY:' 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 ZGA File No.:XVP-157452 (908) 233-8500; (908)233-1390 FAX IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A., successor by merger to CIVIL DIVISION Wachovia Bank, N.A. Plaintiff, NO.: 12-2955 VS. Dustin S.Thoeny; Sara G.Thoeny; Defendants. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the Motion to Amend Caption and Brief in Support of Motion to Amend Caption was served on the following this of June, 2013, via First Class U.S. Mail, Postage Pre-Paid: Dustin S.Thoeny Sara G.Thoeny 815 Appletree Lane, 815 Appletree Lane, Mechanicsburg, PA 17050-2233 Mechanicsburg, PA 17050-2233 C/O Andrew W. Barbin, P.C. 405 CEDARWOOD DR, 5 Kacey Court,Suite 102 MANDEVILLE LA 70471-2827 Mechanicsburg, PA 17055 ZVUR OL DBERG ACKERMAN, LLC By: Scott A. Dietterick, Esquire-Atty I.D.#55650 Kimberly A. Bonner, Esquire-Atty I.D.#89705 Joel A.Ackerman, Esquire-Atty I.D.#202729 Ashleigh Levy Marin, Esquire-Atty 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, N1 07092 (908)233-8500; (908) 233-1390 FAX IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A., successor by merger to CIVIL DIVISION Wachovia Bank, N.A. Plaintiff, NO.: 12-2955 VS. Dustin S.Thoeny; Sara G.Thoeny; Defendants. ORDER OF COURT AND NOW, this /q� day of 6r✓^c , 20 13 , in consideration of the Motion to Amend Caption filed by Plaintiff it is hereby ORDERED, ADJUDGED and DECREED that the above caption is hereby amended to reflect Plaintiff as "Wells Fargo Bank, NA" and the Prothonotary is directed to correct the Plaintiff's name in the proper Civil Docket. BY THE OURT: l J. C-) = Y �, te �� _.. . 'J• ��,! x;.car~, ry ( . la�l4l1� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION File No. 12-2955 Wells Fargo Bank,N.A.,successor by merger to Amount Due $284,786.75 Wachovia Bank,N.A., Interest from 9/13/2012 to date of sale $12,288.15 Plaintiff, VS. Costs Dustin S.Thoeny;Sara G.Thoeny; Defendants. 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 C") Issue Writ of Attachment to the Sheriff of Cumberland County,for debt, interest and costs,as above C tines z --� attachment against the above-named garnishee(s)for the following property(if real estate,supply six copies Ot dew,6pti supply four copies of lengthy personality list): z�� "< ` "t3 r--- wr—and all other property of the defendant(s)in the possession,custody or control f the ai g ' ee (Indicate)Index this writ against the garnishee(s)as a lis pende ag i st a es to the deant described in the attached a ibit. DATE: } Signature: Print Name: Sco A.Diett uire Ki berl A.Bonner,Esquire *'M.50 pp Joel ck an,Esquire 6q. 00 C BF" Ashlei evy Marin,Esquire 103.'35 l' Ralph M. Salvia,Esquire If�r.Sp Jaime R.Ackerman,Esquire Address: Zucker,Goldberg&Ackerman,LLC X0'7.MI5 - PD 200 Sheffield Street,Suite 101 Mountainside,NJ 07092 Attorney for: Plaintiff Telephone: 908-233-8500 Supreme Court ID No.: 55650 89705 202729 .r 5 306799 50 202946 311032 �} Q /ucker,C oldberg&Ackerman,HX" XVII-1-57452 IRE +�c� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank,N.A., successor by merger to CIVIL DIVISION Wachovia Bank,N.A., NO.: 12-2955 Plaintiff, VS. Execution No.: Dustin S. Thoeny; Sara G. Thoeny; Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank,N.A., successor by merger to Wachovia Bank,N.A.,Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the foggwij c information concerning the real property located at 815 Appletree Lane, Mechanicsburg,jA ` 17054-2233, M -n ��' -•c ter; 1. Name and Address of Owner(s)or Reputed Owner(s): �"` , � DUSTIN S. THOENY AND SARA G. THOENY, HUSBAND AND WIFE -`' C/O ANDREW W. BARBIN, P.C. > ni 5 Kacey Court, Suite 102 ,rte Mechanicsburg, PA 17055 -� AND 815 Appletree Lane, Mechanicsburg, PA 17450-2233 AND 405 Cedarwood Drive Mandeville, LA 70471-2827 2. Name and Address of Defendant(s) in the Judgment: DUSTIN S. THOENY C/O ANDREW W. BARBIN, P.C. 5 Kacey Court, Suite 102 Mechanicsburg, PA 17055 AND 815 Appletree Lane, Mechanicsburg, PA 17050-2233 Zucke,.r.Goldberg&,lckcrinan, H C' XVf1-157452 SARA G. THOENY 405 Cedarwood Drive Mandeville, LA 70471-2827 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., SUCCESSOR BY MERGER TO WACHOVIA BANK,N.A. Plaintiff 4. Name and Address of the last record holder of every mortgage of record: WELLS FARGO BANK,N.A., SUCCESSOR BY MERGER TO WACHOVIA BANK, N.A. Plaintiff PNC MORTGAGE LLC PO Box 11701 Newark,NJ 07101-4701 WELLS FARGO 3476 Stateview Boulevard Fort Mill, SC 29715 AND C/O JENINE R. DAVEY, ESQ. 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 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 Tucker.Goldberg&Ackerman,I.E:C XV11-1 37451 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 815 Appletree Lane Mechanicsburg, PA 17050-2233 UNKNOWN SPOUSE C/O Andrew W. Barbin, P.C. 5 Kacey Court, Suite 102 Mechanicsburg, PA 17055 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 1 verify that the statements made in this Affidavit true and correct to the best of my personal knowledge, information and belief. I derst Ise statements herein are made subject to the penalties of 18 Pa.C.S. §4904 rel i g t alsification to authorities. ZUCKER G B ACKERMAN, LLC BY: Dated: :i 1461 13 Scott A. ie erick, Esq ; PA I.D. #55650 Kimberl A. onner, Esquire; PA I.D. #89705 Joel A. Ac erman, 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 XVP-157452/sde 200 Sheffield Street, Suite 101 Mountainside,NJ 07092 (908) 233-8500; (908)233-1390 FAX Email: Office@zuckergoldberg.com Zucker,Goldberg&Ackerman,l.l_C XVP-157452 Exhibit"A" LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OR PARCEL OF LAND AND PREMISES, SITUATE,LYING AND BEING IN THE TOWNSHIP OF HAMPDEN, IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS, IN ACCORDANCE WITH A SUBDIVISION PLAN OF LAUREL HILLS,SECTION 15, MADE BY BUCHART-HORN, CONSULTING ENGINEERS AND PLANNERS, JOB NO. 203020,AND RECORDED IN THE OFFICE FOR THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY,PENNSYLVANIA, IN PLAN BOOK 31, PAGE 27,AS FOLLOWS,TO WIT: BEGINNING AT A STAKE ON THE NORTHERN LEGAL RIGHT OF WAY LINE OF RIDGEWOOD DRIVE,AT THE DIVIDING LINE BETWEEN LOTS NOS. 250 AND 256, SECTION 15 ON THE ABOVE REFERENCED PLAN OF LOTS; THENCE ALONG SAID DIVIDING LINE NORTH EIGHTEEN(18)DEGREES TWENTY(20) MINUTES FORTY-FIVE(45) SECONDS WEST,NINETY-SIX AND SIXTY-FIVE HUNDREDTHS (96.65)FEET TO A STAKE AT THE DIVIDING LINE OF LOTS NOS. 255 AND 256, SECTION 15 ON THE ABOVE REFERENCED PLAN OF LOTS; THENCE ALONG SAID DIVIDING LINE NORTH SEVENTY-ONE(7 1)DEGREES THIRTY-NINE (39)MINUTES FIFTEEN(15) SECONDS EAST,A DISTANCE OF ONE HUNDRED(100)FEET TO A STAKE ON THE WESTERN LEGAL RIGHT OF WAY LINE OF APPLETREE LANE; THENCE ALONG THE WESTERN LEGAL RIGHT OF WAY LINE OF APPLETREE LANE, SOUTH EIGHTEEN(18)DEGREES TWENTY(20)MINUTES FORTY-FIVE(45) SECONDS EAST,A DISTANCE OF ONE HUNDRED ONE AND THIRTY-THREE HUNDREDTHS (101.33)FEET TO A STAKE; THENCE CONTINUING ALONG SAME,BY A CURVE TO THE RIGHT,HAVING A RADIUS OF TWENTY-FIVE(25.00)FEET, AN ARC LENGTH OF FORTY-NINE AND THIRTY-ONE HUNDREDTHS (49.31)FEET TO A STAKE; THENCE NORTH EIGHTY-FIVE(85)DEGREES TWENTY(20)MINUTES FORTY-FIVE(45) SECONDS WEST,A DISTANCE OF SEVENTY AND EIGHTY-SEVEN HUNDREDTHS(70.87) FEET TO A STAKE, THE POINT AND PLACE OF BEGINNING. CONTAINING ELEVEN THOUSAND FOUR HUNDRED FIFTY-NINE AND SEVENTY-FIVE HUNDREDTHS (11,459.75) SQUARE FEET. BEING LOT NO. 256. HAVING thereon erected a dwelling house being known and numbered as 815 Appletree Lane, Mechanicsburg, PA, 17050-2233. BEING the same premises which 299,by Deed dated March 29,2007 and recorded April 11, 2007 in and for Cumberland County,Pennsylvania, in Deed Book Volume 279,Page 2643,granted and conveyed unto Dustin S.Thoeny and Sara G.Thoeny,husband and wife. Tax Map No.: 10-17-103 8-03 0. Zucker,Goldberg&Ackerman,LLC XVP-157452 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Y PENNSYLVANIA Wells Fargo Bank,N.A., successor by merger CIVIL DIVISION to Wachovia Bank,N.A. Plaintiff, NO.: 12-2955 VS. Dustin S. Thoeny; Sara G. Thoeny; Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 C , DUSTIN S. THOENY :x 815 Appletree Lane, M o === Mechanicsburg, PA 17050-2233 AND -gin; C/O ANDREW W. BARBIN, P.C. 5 Kacey Court, Suite 102 Mechanicsburg, PA 17055 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 --405h'4)+4 at I0:00am 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: 815 Appletree Lane, Mechanicsburg, PA, 17050-2233 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 12-2955 Zucker,Goldberg&Ackerman, LLC XVP-157452 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Dustin S. Thoeny; Sara G. Thoeny A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff(for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717)249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 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. Zucker,Goldberg&Ackerman, LLC XVP-157452 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, C lisle, 1 -3387, before presentation of the petition to the Court. ZUCKER, CKERMAN, LLC BY: Dated: Scott A. 4e rick, Esquire; A I.D. #55650 Kimberly . onner, Esquire; PA I.D. #89705 Joel A. Allan, 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 XVP-157452/sde 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 XVP-157452 Exhibit"A" LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OR PARCEL OF LAND AND PREMISES, SITUATE, LYING AND BEING IN THE TOWNSHIP OF HAMPDEN, IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS, IN ACCORDANCE WITH A SUBDIVISION PLAN OF LAUREL HILLS,SECTION 15, MADE BY BUCHART-HORN, CONSULTING ENGINEERS AND PLANNERS,JOB NO. 203020,AND RECORDED IN THE OFFICE FOR THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY,PENNSYLVANIA, IN PLAN BOOK 31, PAGE 27,AS FOLLOWS,TO WIT: BEGINNING AT A STAKE ON THE NORTHERN LEGAL RIGHT OF WAY LINE OF RIDGEWOOD DRIVE,AT THE DIVIDING LINE BETWEEN LOTS NOS.250 AND 256, SECTION 15 ON THE ABOVE REFERENCED PLAN OF LOTS; THENCE ALONG SAID DIVIDING LINE NORTH EIGHTEEN(18)DEGREES TWENTY(20) MINUTES FORTY-FIVE(45) SECONDS WEST,NINETY-SIX AND SIXTY-FIVE HUNDREDTHS (96.65)FEET TO A STAKE AT THE DIVIDING LINE OF LOTS NOS. 255 AND 256, SECTION 15 ON THE ABOVE REFERENCED PLAN OF LOTS; THENCE ALONG SAID DIVIDING LINE NORTH SEVENTY-ONE(7 1)DEGREES THIRTY-NINE (39)MINUTES FIFTEEN(15) SECONDS EAST,A DISTANCE OF ONE HUNDRED(100)FEET TO A STAKE ON THE WESTERN LEGAL RIGHT OF WAY LINE OF APPLETREE LANE; THENCE ALONG THE WESTERN LEGAL RIGHT OF WAY LINE OF APPLETREE LANE, SOUTH EIGHTEEN(18)DEGREES TWENTY(20)MINUTES FORTY-FIVE(45) SECONDS EAST,A DISTANCE OF ONE HUNDRED ONE AND THIRTY-THREE HUNDREDTHS(101.33)FEET TO A STAKE; THENCE CONTINUING ALONG SAME, BY A CURVE TO THE RIGHT,HAVING A RADIUS OF TWENTY-FIVE(25.00)FEET,AN ARC LENGTH OF FORTY-NINE AND THIRTY-ONE HUNDREDTHS (49.31)FEET TO A STAKE; THENCE NORTH EIGHTY-FIVE(85)DEGREES TWENTY(20)MINUTES FORTY-FIVE(45) SECONDS WEST,A DISTANCE OF SEVENTY AND EIGHTY-SEVEN HUNDREDTHS(70.87) FEET TO A STAKE,THE POINT AND PLACE OF BEGINNING. CONTAINING ELEVEN THOUSAND FOUR HUNDRED FIFTY-NINE AND SEVENTY-FIVE HUNDREDTHS (11,459.75) SQUARE FEET. BEING LOT NO. 256. HAVING thereon erected a dwelling house being known and numbered as 815 Appletree Lane, Mechanicsburg, PA, 17050-2233. BEING the same premises which 299,by Deed dated March 29,2007 and recorded April 11, 2007 in and for Cumberland County, Pennsylvania, in Deed Book Volume 279,Page 2643,granted and conveyed unto Dustin S.Thoeny and Sara G.Thoeny,husband and wife. Tax Map No.: 10-17-1038-030. Zucker,Goldberg&Ackerman, LLC XVP-157452 f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A., successor by merger CIVIL DIVISION to Wachovia Bank,N.A. Plaintiff, NO.: 12-2955 VS. ' Dustin S. Thoeny; Sara G. Thoeny; Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO -o PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 x M `s-- Sara G. Thoeny 815 Appletree Lane, "cam c)- ° Mechanicsburg, PA 17050-2233 =(D =C t AND 405 Cedarwood Drive ' Mandeville, LA 70471-2827 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 i4@5/26t4 at 10:00am prevailing local time. 31/4-1a0ty 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: 815 Appletree Lane, Mechanicsburg,PA, 17050-2233 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 12-2955 Zucker,Goldberg&Ackerman, LLC XVP-157452 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Dustin S. Thoeny; Sara G. Thoeny A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff(for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717)249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. Zucker,Goldberg&Ackerman, LLC XVP-157452 v f 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 Co dministrator's Office, Cumberland County Courthouse, One Courthouse Square, arli e, 3-3387, before presentation of the petition to the Court. ZUCKER G L R CKERMAN, LLC BY: Dated: �" `� �3 Scott A. ie erick, quire; I.D. #55650 Kimberly . onner, 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 XVP-157452/sde 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 XVP-157452 Exhibit"A" r LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OR PARCEL OF LAND AND PREMISES, SITUATE, LYING AND BEING IN THE TOWNSHIP OF HAMPDEN, IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA,MORE PARTICULARLY DESCRIBED AS FOLLOWS, IN ACCORDANCE WITH A SUBDIVISION PLAN OF LAUREL HILLS,SECTION 15,MADE BY BUCHART-HORN,CONSULTING ENGINEERS AND PLANNERS,JOB NO. 203020,AND RECORDED IN THE OFFICE FOR THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY,PENNSYLVANIA, IN PLAN BOOK 31,PAGE 27,AS FOLLOWS,TO WIT: BEGINNING AT A STAKE ON THE NORTHERN LEGAL RIGHT OF WAY LINE OF RIDGEWOOD DRIVE,AT THE DIVIDING LINE BETWEEN LOTS NOS. 250 AND 256, SECTION 15 ON THE ABOVE REFERENCED PLAN OF LOTS; THENCE ALONG SAID DIVIDING LINE NORTH EIGHTEEN(18)DEGREES TWENTY(20) MINUTES FORTY-FIVE(45) SECONDS WEST,NINETY-SIX AND SIXTY-FIVE HUNDREDTHS (96.65)FEET TO A STAKE AT THE DIVIDING LINE OF LOTS NOS.255 AND 256, SECTION 15 ON THE ABOVE REFERENCED PLAN OF LOTS; THENCE ALONG SAID DIVIDING LINE NORTH SEVENTY-ONE(7 1)DEGREES THIRTY-NINE (39)MINUTES FIFTEEN(15) SECONDS EAST,A DISTANCE OF ONE HUNDRED(100)FEET TO A STAKE ON THE WESTERN LEGAL RIGHT OF WAY LINE OF APPLETREE LANE; THENCE ALONG THE WESTERN LEGAL RIGHT OF WAY LINE OF APPLETREE LANE, SOUTH EIGHTEEN(18)DEGREES TWENTY(20)MINUTES FORTY-FIVE(45)SECONDS EAST,A DISTANCE OF ONE HUNDRED ONE AND THIRTY-THREE HUNDREDTHS(101.33)FEET TO A STAKE; THENCE CONTINUING ALONG SAME,BY A CURVE TO THE RIGHT,HAVING A RADIUS OF TWENTY-FIVE(25.00)FEET,AN ARC LENGTH OF FORTY-NINE AND THIRTY-ONE HUNDREDTHS (49.31)FEET TO A STAKE; THENCE NORTH EIGHTY-FIVE(85)DEGREES TWENTY(20)MINUTES FORTY-FIVE(45) SECONDS WEST,A DISTANCE OF SEVENTY AND EIGHTY-SEVEN HUNDREDTHS (70.87) FEET TO A STAKE,THE POINT AND PLACE OF BEGINNING. CONTAINING ELEVEN THOUSAND FOUR HUNDRED FIFTY-NINE AND SEVENTY-FIVE HUNDREDTHS (11,459.75) SQUARE FEET. BEING LOT NO. 256. HAVING thereon erected a dwelling house being known and numbered as 815 Appletree Lane, Mechanicsburg, PA, 17050-2233. BEING the same premises which 299,by Deed dated March 29,2007 and recorded April 11, 2007 in and for Cumberland County,Pennsylvania,in Deed Book Volume 279,Page 2643,granted and conveyed unto Dustin S. Thoeny and Sara G. Thoeny, husband and wife. Tax Map No.: 10-17-103 8-03 0. Zucker,Goldberg&Ackerman, LLC XVP-157452 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-2955 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.,successor by merger to Wachovia Bank,N.A.,Plaintiff(s) From DUSTIN S. THOENY and SARA G.THOENY (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: $284,786.75 L.L.: $.50 Interest from 9/13/12 to Date of Sale -- $12,288.15 Atty's Comm: Due Prothy: $2.25 Atty Paid: $207.75 Other Costs: Plaintiff Paid: Gate: 11/12/13 David D. Buell, Prothonota _ (Seal) Deputy REQUESTING PARTY: Name: JOEL,ACKERMAN,ESQUIRE Address: ZUCKER,GOLDBERG&ACKERMAN, LLC 200 SHEFFIELD STREET, SUITE 101 MOUNTAINSIDE,NJ 07092 Attorney for: PLAINTIFF Telephone: 908-233-8500 Supreme Court ID No. 202729 } IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 4_-ry c.. ..--r Wells Fargo Bank, N.A., successor by merger to : CIVIL DIVISION Wachovia Bank, N.A., , ."�J cc\NO.: 12-2955 '�,� ; Plaintiff, (.1) vs. Execution No.: vA ,-. NQl Dustin S. Thoeny; Sara G. Thoeny; $'. cip • • Defendant(s). • • AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank, N.A., successor by merger to Wachovia 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 815 Appletree Lane, Mechanicsburg, PA 17050-2233. 1. Name and Address of Owner(s) or Reputed Owner(s): DUSTIN S. THOENY AND SARA G. THOENY, HUSBAND AND WIFE C/O ANDREW W. BARBIN, P.C. 5 Kacey Court, Suite 102 Mechanicsburg, PA 17055 AND 815 Appletree Lane, Mechanicsburg, PA 17050-2233 AND 405 Cedarwood Drive Mandeville, LA 70471-2827 2. Name and Address of Defendant(s) in the Judgment: DUSTIN S. THOENY C/O ANDREW W. BARBIN, P.C. 5 Kacey Court, Suite 102 Mechanicsburg, PA 17055 AND 815 Appletree Lane, Mechanicsburg, PA 17050-2233 SARA G. THOENY 405 Cedarwood Drive Mandeville, LA 70471-2827 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., SUCCESSOR BY MERGER TO WACHOVIA BANK, N.A. Plaintiff LAW OFFICES OF PETER J. RUSSO, P.C., c/o ELIZABETH J. SAYLOR, ESQUIRE 5006 East Trindle Road, Suite 100, Mechanicsburg, PA 17050 4. Name and Address of the last record holder of every mortgage of record: WELLS FARGO BANK, N.A., SUCCESSOR BY MERGER TO WACHOVIA BANK, N.A. Plaintiff PNC MORTGAGE LLC PO Box 11701 Newark, NJ 07101-4701 WELLS FARGO 3476 Stateview Boulevard Fort Mill, SC 29715 AND C/O JENINE R. DAVEY, ESQ. 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 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 815 Appletree Lane Mechanicsburg, PA 17050-2233 UNKNOWN SPOUSE 815 Appletree Lane, Mechanicsburg, PA 17050-2233 AND 405 Cedarwood Drive Mandeville, LA 70471-2827 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. ZUCKER, GOLDBERG &ACKERMAN, LLC BY: moiNv Dated:11 to( I LI Scott A. D -tterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 Attorneys for Plaintiff XVP-157452/sde 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office @zuckergoldberg.com Exhibit"A" LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OR PARCEL OF LAND AND PREMISES, SITUATE, LYING AND BEING IN THE TOWNSHIP OF HAMPDEN, IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS, IN ACCORDANCE WITH A SUBDIVISION PLAN OF LAUREL HILLS,SECTION 15, MADE BY BUCHART-HORN, CONSULTING ENGINEERS AND PLANNERS,JOB NO. 203020,AND RECORDED IN THE OFFICE FOR THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN PLAN BOOK 31, PAGE 27, AS FOLLOWS,TO WIT: BEGINNING AT A STAKE ON THE NORTHERN LEGAL RIGHT OF WAY LINE OF RIDGEWOOD DRIVE,AT THE DIVIDING LINE BETWEEN LOTS NOS. 250 AND 256, SECTION 15 ON THE ABOVE REFERENCED PLAN OF LOTS; THENCE ALONG SAID DIVIDING LINE NORTH EIGHTEEN (18) DEGREES TWENTY(20) MINUTES FORTY-FIVE (45) SECONDS WEST, NINETY-SIX AND SIXTY-FIVE HUNDREDTHS(96.65) FEET TO A STAKE AT THE DIVIDING LINE OF LOTS NOS. 255 AND 256, SECTION 15 ON THE ABOVE REFERENCED PLAN OF LOTS; THENCE ALONG SAID DIVIDING LINE NORTH SEVENTY-ONE (71) DEGREES THIRTY-NINE (39) MINUTES FIFTEEN (15)SECONDS EAST,A DISTANCE OF ONE HUNDRED(100) FEET TO A STAKE ON THE WESTERN LEGAL RIGHT OF WAY LINE OF APPLETREE LANE; THENCE ALONG THE WESTERN LEGAL RIGHT OF WAY LINE OF APPLETREE LANE,SOUTH EIGHTEEN (18) DEGREES TWENTY(20) MINUTES FORTY-FIVE (45)SECONDS EAST, A DISTANCE OF ONE HUNDRED ONE AND THIRTY-THREE HUNDREDTHS(101.33) FEET TO A STAKE; THENCE CONTINUING ALONG SAME, BY A CURVE TO THE RIGHT, HAVING A RADIUS OF TWENTY-FIVE (25.00) FEET, AN ARC LENGTH OF FORTY-NINE AND THIRTY-ONE HUNDREDTHS(49.31) FEET TO A STAKE; THENCE NORTH EIGHTY-FIVE (85) DEGREES TWENTY(20) MINUTES FORTY-FIVE (45)SECONDS WEST, A DISTANCE OF SEVENTY AND EIGHTY-SEVEN HUNDREDTHS (70.87) FEET TO A STAKE,THE POINT AND PLACE OF BEGINNING. CONTAINING ELEVEN THOUSAND FOUR HUNDRED FIFTY-NINE AND SEVENTY-FIVE HUNDREDTHS(11,459.75) SQUARE FEET. BEING LOT NO. 256. HAVING thereon erected a dwelling house being known and numbered as 815 Appletree Lane, Mechanicsburg, PA, 17050-2233. BEING the same premises which 299, by Deed dated March 29, 2007 and recorded April 11, 2007 in and for Cumberland County, Pennsylvania, in Deed Book Volume 279, Page 2643,granted and conveyed unto Dustin S.Thoeny and Sara G.Thoeny, husband and wife. Tax Map No.: 10-17-1038-030. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A., successor by merger to CIVIL DIVISION Wachovia Bank, N.A., NO.: 12-2955 Plaintiff, vs. Dustin S. Thoeny; Sara G. Thoeny; Defendants. C TYPE OF PLEADING ? c; d 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., successor by merger to Wachovia 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.: XVP- 157452/mag Zucker, Goldberg & Ackerman, LLC XVP-157452 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A., successor by merger to Wachovia Bank, N.A. vs. Dustin S. Thoeny; Sara G. Thoeny; Plaintiff, Defendants. CIVIL DIVISION NO.: 12-2955 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., successor by merger to Wachovia Bank, N.A., being duly sworn according to law depose and make the following Affidavit regarding the service of Plaintiffs Notice of Sheriffs Sale of Real Property in this matter on Defendant/Owner and Other Parties of Interest as follows: 1. Defendant, Dustin S. Thoeny and Sara G. Thoeny, husband and wife, is the record owner of the real property. 2. On or about January 9, 2014, defendant Dustin S. Thoeny was served with Plaintiffs Notice of Sheriff's Sale of Real Property Pursuant to Pa. R.C.P. 3129, personally by the Sheriff of Cumberland County, in C/O Andrew W. Barbin, P.C., at the address of 5 Kacey Court, Suite 102, Mechanicsburg, PA 17055. A true and correct copy of said Return of Service are marked Exhibit "A", attached hereto and made a part hereof. 3. On or about November 19, 2013, defendant Sara G. Thoeny, was served with Plaintiffs Notice of Sheriffs Sale of Real Property Pursuant to Pa. R.C.P. 3129, personally by the Sheriff of Cumberland County, 405 Cedarwood Dr, Mandeville LA 70471-2827. A true and correct copy of said Return of Service are marked Exhibit "B", attached hereto and made a part hereof. 4. On or about March 4, 2014, Plaintiff's counsel served all other parties in interest with Plaintiffs Notice of Sheriffs Sale according to Plaintiff's 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 "C", attached hereto and made a part hereof. Zucker, Goldberg & Ackerman, LLC XVP-157452 Finally, the undersigned deposes and says that the Defendant/Owner and all other Parties of Interest were served with Plaintiffs Notice of Sheriffs Sale of Real Property in accordance with Pa.R.C.P. 3129.2. Dated: June 26, 2014 Sworn to and subscribed before me this 26th d June, 2014 Public MY COMMISSION EXPIRES: ZUCKER, GOLDBERG & ACKERMAN, LLC Attorneys for Plaintiff MARGARET IGYEPONG Paralegal/Legal Assistant ANL URLIN NOTARY PUBLIC OF NEW JERSEY Ip#4963 MYC"M01091ftkesIONTZMKT Zucker, Goldberg & Ackerman, LLC XVP-157452 Zucker, Goldberg & Ackerman XVP-257452 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFFICE CF ThE $F,ERIFF Wells Fargo Bank, N.A. vs. Sara G. Thoeny (et al.) Case Number 2012-2955 SHERIFF'S RETURN OF SERVICE 11/19/2013 Sheriff Ronny R. Anderson, being duly sworn according to law, states he served the requested Real Estate Writ, Notice of Sheriff's Sale and Legal Description, in the above titled action, in the following manner. The Sheriff mailed a notice of the action by certified mail, return receipt requested, to the within named Defendant, to wit: Sara G. Thoeny at 405 Cederwood Drive, Mandeville, LA 70471 01/09/2014 01:22 PM - Deputy Jamie DiMartle, 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 815 Appletree Lane, Hampden Township, Mechanicsburg, PA 17050, Cumberland County. 01/09/2014 02:01 PM - Deputy Jamie DiMartle, 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 Andrew Barbin, P.C., who accepted as "Adult Person in Charge" for Dustin S. Thoeny at c/o Andrew W. Barbin, P.C., 5 Kacey Court Suite 102, Mechanicsburg, PA ch, Cumberland County. SHERIFF COST: $976.03 SO ANSWERS, January 29, 2014 RONN% R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft, Inc,. EXHIBIT B Zucker, Goldberg & Ackerman, CLC XVp_ 157452 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFFICE CF TkE SI•SRIFF Wells Fargo Bank, N.A. vs. 2012-2955 Sara G. Thoeny (et al.) Case Number SHERIFF'S RETURN OF SERVICE 11/19/2013 Sheriff Ronny R. Anderson, being duly sworn according to law, states he served the requested Real Estate Writ, Notice of Sheriff's Sale and Legal Description, in the above titled action, in the following manner. The Sheriff mailed a notice of the action by certified mail, return receipt requested, to the within named Defendant, to wit: Sara G. Thoeny at 405 Cederwood Drive, Mandeville, LA 70471 01/09/2014 01:22 PM - Deputy Jamie DiMartle, being duly swom 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 815 Appletree Lane, Hampden Township, Mechanicsburg, PA 17050, Cumberland County. 01/09/2014 02:01 PM - Deputy Jamie DiMartle, being duly swom 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 Andrew Barbin, P.C., who accepted as "Adult Person in Charge" for Dustin S. Thoeny at c/o Andrew W. Barbin, P.C., 5 Kacey Court Suite 102, Mechanicsburg, PA ch, Cumberland County. SHERIFF COST: $976.03 SO ANSWERS, January 29, 2014 (c) CounlySuile Sheriff, Teleosofl, Inc. RONt' ? R ANDERSON, SHERIFF EXHIB Zucker, Goldberg & Ackerman XVP-157452 NOTICE TO LIENHOLDERS Page 1 of 6 .UNITED STATES a OSTAL SERVICE® This Certificate of Mailing provides evidence that mall has been presented to U5P5• for mailing. This form may be used for domestic and International mall. ffom' Scott A. Dietterick, Esquire Certificate 0 Mailing c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 U.S. POSTAGE*pn-NEy eowEs ZIP09 02 07,11 001. V 0001387430MAR 04 2014 To pay fee, affix stamps or mater postage here. 41516; XVP-157452/nfe TEAM- C T°` CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITED STATES MN POSTAL SERVICE® This Certificate of Mailing provides evidence that mall hu been presented to USW for n and International mall. Frani' Scott A. Dietterick, Esquire 0) fY1 ttti PostniaFlcHere c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 XVP-157452/nfe TEAM- C f E`0E 6Z g1'tpts r) A f U.S. POSTAGE* PITNEY BOWES � ZIP 07092 02 1 $ 001.200 000138.7430 MAR 04: 2014 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 • ez NOTICE TO LIENHOLDERS Page 2 of 6 UNITED STATES POSTAL SERVICE Certificate 0 Mailing This Certificate of Mailing provides evidence that mall has been presented to USW for mailing. This form may be used for domestic and International mail. Fm"" Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 T°' UNKNOWN TENANT OR TENANTS 815 Appletree Lane Mechanicsburg, PA 17050-2233 U.S. POSTAGE »prmEyKegs 44, ZIP 07092 $ fin 1..2n° 02 111 0001387430 MAR. 04. 2014 To pay fee, affix stamps or meter postage hare. XVP-157452/nfe TEAM- C County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITED STATES POSTAL SERVICE This Certificate of Melling provides evidence that mall hos been presented to USPS• for mailing. Thir and Intemetlonal mall. Frem: Scott A. Dietterick, Esquire POstriia U.S. POS TAc E» PIT NV v fioWcs oarneatk c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XVP-157452/nfe TEAM- C To: LAW OFFICES OF PETER J. RUSSO, P.C., c/o ELIZABETH J. SAYLOR, ESQUIRE 5006 East Trindle Road, Suite 100, Mechanicsburg, PA 17050 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 ZIP 07092 $ 001.20 02 111 000136743014AR 04 2,014 jr. 1 (Ca Postst.330t Harp, NOTICE TO LIENHOLDERS Page 3 of 6 UNITED STATES POSTAL SERVICE® Certificate Of Mailing This Certificate of Mailing provides evidence that mall has been presented to USPS' for mailing. 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 U.S. POSTAGE» PITNEY BOWES ZIP 07092 $ .001.20 02 1t1 0001387430 MAR 04. 2014 To pay fee, affix stamps or meter postage here. Tex PNC MORTGAGE LLC PO Box 11701 Newark, NJ 07101-4701 County of P.Q.: CUMBERLAND PS Form 3817, AprII 2007 PSN 7530-02-000-9065 UNITED STATES PPOSTQL SERVICE® This Certificate of Melling provides evidence that mall has been presented to USPS• for mailing. 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, NJ 07092 XVP-157452/nfe TEAM- C Tei WELLS FARGO 3476 Stateview Boulevard Fort Mill, SC 29715 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 U.S. POSTAGE» PITNEY BOWES tea i .aa..ami.a ZIP 07092 $ 001.200 02 111 0001387430 MAR 04 2014 NOTICE TO LIENHOLDERS Page 4 of 6 UNITED STATES POSTAL SERVICE Certificate Of Mailing This Certificate of Mailing provides evidence that mall has been presented to USW' for mailing. 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 ZIP 07092 $ poi 20° 02 in 0001 387430 MAR 04. 2014 To pay fee, affix stamps or mater postage here. Mountainside, NJ 07092 cc, XVP-157452/nfe TEAM- C PoAt irk Here T°' UNKNOWN SPOUSE 405 Cedarwood Drive Mandeville, LA 70471-2827 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 �''�. UNITED STATES Ma POSTAL SERVICE 68t91,. c'''. tAGE}MrmeOwes Mafnr.o To pay fee, mm,._ here. This Certificate of Mailing provides evidence that mail has been presented to USW for mailing. 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, NJ 07092 02 (Yfzip(77°92 $0020° 000138.7430 MAR. 04 2014 2.2. 2,324 XVP-157452/nfe TEAM- C ',Q4' . r• T°' UNKNOWN SPOUSE 815 Appletree Lane, Mechanicsburg, PA 17050-2233 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 Pp5[ptark Here 8 L 9 NOTICE TO LIENHOLDERS Page 5 of 6 UNITED STATES tirddli POSTAL SERVICE@ Certificate Mailing • U.S. POSTAGE >> 5 This certificate of Malting provides evidence that mail has been presented to UM' for maii 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 XVP- 74 n e TEA - C To: WELLS FARGO C/O JENINE R. DAVEY, ESQ. 1617 JFK Boulevard, Suite 1400 One Penn Center Piaza Philadelphia, PA 19103 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITED STATES MN POSTAL SERVICE@ ZIP 07092 $ 001 20° 021Y 0001387430 MAR 04 2014 To pay fee, affix stamps or meter Postal', here. (14 Poson leere nftri US. POSTAGE >> PITNEY BOWES tiriegirammrame This Certificate of Mailing provides evidence that mall has been presented to UPS° for mailing. This farm 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 XVP-157452/afe TEAM- C CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 County of P.Q.: CUMBERLAND P5 Form 3817, April 2007 PSN 7530-02-000-9065 ,N11morA=MMI, ziP°7°92 $ 001 20 02 1011 0001387430 MAR 04 2014 0 NOTICE TO LIENHOLDERS Page 6 of 6 UNITED STATES POST/!t SERVICE® Certificate Of Mailing This Certificate of Mailing provides evidence that mall has been presented to USPS• for mailing. Thls 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, NJ 07092 U.S. POSTAGE »p p y8ois ert47111`. 4=e, 0 ZIP 07092 $ 001.2u 02 1 0001387430 MAR 04 2014 To pay fee, affil stamps or meter Pollens here. is, 2223i1 --..„ i(0(19.40 ( , Gil . S> rod ' w XVP-157452/nfeTEAM- C;,� g -A T°` 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 Postmark Here This Certificate of Mailing provides evidence that mail has been presented to USPS• for mailing. This form may be used for domestic and International mall. Frem: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 XVP-157452/nfe TEAM- C T°` UNKNOWN SPOUSE C/O Andrew W. Barbin, P.C. 5 Kacey Court, Suite 102 Mechanicsburg, PA 17055 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 Postrn 21P 07092 $ 001 20° 02 111 0001387430 MAR 04 2014 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY Comb L. PROTHONOTARY OFF4:;i.: - T S'RERIFF ?inI A7 sl �• t . i EEri. -3 1 ] I J• 3. CUMBERLAND COUNTY PENNSYLVAN1A Wells Fargo Bank, N.A. vs. Sara G. Thoeny (et al.) Case Number 2012-2955 SHERIFF'S RETURN OF SERVICE 11/19/2013 Sheriff Ronny R. Anderson, being duly sworn according to law, states he served the requested Real Estate Writ, Notice of Sheriffs Sale and Legal Description, in the above titled action, in the following manner. The Sheriff mailed a notice of the action by certified mail, return receipt requested, to the within named Defendant, to wit: Sara G. Thoeny at 405 Cederwood Drive, Mandeville, LA 70471 01/09/2014 01:22 PM - Deputy Jamie DiMartle, 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 815 Appletree Lane, Hampden Township, Mechanicsburg, PA 17050, Cumberland County. 01/09/2014 02:01 PM - Deputy Jamie DiMartle, 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 Andrew Barbin, P.C., who accepted as "Adult Person in Charge" for Dustin S. Thoeny at c/o Andrew W. Barbin, P.C., 5 Kacey Court Suite 102, Mechanicsburg, PA ch,.Cumberland County. 02/20/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice of Sheriffs Sale and Legal Description by certified mail, return receipt requested, to the within named defendant, to wit: Sara G. Theony, by mailing a copy of the within documents to the defendant's last known address of 405 Cedarwood Drive, Mandeville, LA 70471 on 1/16/14. The unopened letter was returned to the Cumberland County Sheriffs Office on 2/19/14 marked "Unclaimed, Unable to Forward." The unopened letter is hereto attached. 03/05/2014 As directed by Joel A Ackerman, Attorney for the Plaintiff, Sheriffs Sale Continued to 4/9/2014 04/08/2014 As directed by Joel A Ackerman, Attorney for the Plaintiff, Sheriffs Sale Continued to 7/2/2014 07/01/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $1,379.73 SO ANSWERS, July 01, 2014 RONNY R ANDERSON, SHERIFF lei c ounty is e Sherd f.'r'eieosoft, Inc. On November 19, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA, Known and numbered as, 815 Appletree Lane, Mechanicsburg, as Exhibit "A" filed with this writ and by this Reference incorporated herein. ct_t ate: November 19, 2013 —›2 = (j) C-) LL By: Citat Real Estate Coordinator LXIII 4 CUMBERLAND LAW JOURNAL 01/24/14 Writ No. 2012-2955 Civil Term Wells Fargo Bank, N.A. vs. Sara G. Thoeny Dustin S. Thoeny Atty.: Joel A. Ackerman ALL THAT CERTAIN tract or par- cel of land and premises, situate, lying and being in the Township of Hampden, in the County of Cumber- land and Commonwealth of Pennsyl- vania, more particularly described as follows, in accordance with a subdivi- sion plan of Laurel Hills,Section 15, made by Buchart-Horn, Consulting Engineers and Planners, Job No. 203020, and recorded in the Office for the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 31, Page 27, as follows, to wit: BEGINNING at a stake on the northern legal right of way line of Ridgewood Drive, at the dividing line between Lots Nos. 250 and 256, Section 15 on the above referenced Plan of Lots; THENCE along said dividing line North eighteen (18) degrees twenty (20) minutes forty-five (45) seconds West, ninety-six and sixty-five hun- dredths (96.65) feet to a stake at the dividing line of Lots Nos. 255 and 256, Section 15 on the above refer- enced Plan of Lots; THENCE along said dividing line North seventy-one (71) degrees thirty- nine (39) minutes fifteen (15) seconds East, a distance of one hundred (100) feet to a stake on the western legal right of way line of Appletree Lane; THENCE along the western legal right of way line of Appletree Lane, South eighteen (18) degrees twenty (20) minutes forty-five (45) seconds East, a distance of one hundred one and thirty-three hundredths (101.33) feet to a stake; " thence continuing along same, by a curve to the right, having a radius of twenty-five (25.00) feet, an arc length of forty-nine and 74 thirty-one 1 hundredths (49.31) feet to a stake; THENCE North eighty-five (85) degrees twenty (20) minutes forty-five (45) seconds West, a distance of sev- enty and eighty -seven hundredths (70.87) feet to a stake, the point and place of BEGINNING. CONTAINING eleven thousand four hundred fifty-nine and seventy- five hundredths (11,459.75) square feet. BEING LOT NO. 256. HAVING thereon erected a dwelling house being known and numbered as 815 Appletree Lane, Mechanicsburg, PA, 17050-2233. BEING the same premises which 299, by Deed dated March 29, 2007 and recorded April 11, 2007 in and for Cumberland County, Pennsyl- vania, in Deed Book Volume 279, Page 2643, granted and conveyed unto Dustin S. Thoeny and Sara G. Thoeny, husband and wife. Tax Map No.: 10-17-1038-030. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 24, January 31, and February 7, 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. Coy>r141' ne, Lisa Elitor arie SWORN TO AND SUBSCRIBED before me this 7 day of February, 2014 cQ Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot -News Co. ,-.- 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the patriotNews 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 Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. iI PUBLICATION COPY 20i 2-2955 Civil Term Wells Fargo Bank, N.A. Vs Sara G.Thoeny Dustin S.Thoeny Atty: Joel A Ackerman ,. ALL THAT CERTAIN TRACT OR PARCEL OF LAND .AND PREMISES, SITUATE, LYING AND BEING IN THE TOWNSHIP OF HAMPDEN, IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS, IN ACCORDANCE WITH A SUBDIVISION PLAN OF LAUREL HILLS,SECTION 15, MADE BY • BUCHART HORN; CONS I.TING ENGINEERS AND PLANNERS, JOB NO. 203020, AND RECORDED IN THE OFFICE FOR THE This ad ran on the date(s) shown below: 01/19/14 01/26/14 02/02/14 Sworn to and ubscribed before me thi 18 day of February, 2014 A.D. • 1C COMMONWEALTH i OF PENNSYLVANIA Notarial Seal Hotly Lynn Warfel, Notary Public Washington Twp., Dauphin County My Commission Expires Dec. 12, 2016 MEMBER PENNSYLVANIA ASSOUAT1ON OF NOTARIES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, NA CIVIL DIVISION Plaintiff, vs. Dustin S. Thoeny; Sara G. Thoeny; stayed. Dated: Defendants. NO.: 12-2955 Notice of the Date of Staved Sheriff Sale The Sheriff Sale scheduled for July 2, 2014 at 10:OOam in the above captioned matter has been RP/ BY: ZUCKER, GOLDBERG & KERMAN, LL Scott A. Diett- ick, 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 XVP-157452/chr 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com Zucker, Goldberg & Ackerman, LLC XVP-157452