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HomeMy WebLinkAbout12-3315IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA r. WELLS FARGO BANK, N.A., CIVIL DIVISION Ow 1 } Plaintiff, No.: VS.? C ' TYPE OF PLEADING ra k ..7 Doris L. Benson; Norman E. Benson; CIVIL ACTION - COMPLAINT Defendants. IN MORTGAGE FORECLOSURE TO: DEFENDANTS FILED ON BEHALF OF: YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS Wells Fargo Bank, N.A. FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAYBE ENTERED AGAINSTYOU. COUNSEL OF RECORD FOR THIS PARTY: I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 3476 Stateview Ivd. MAC # X7801-013 Ft. Mill SC 29715 AND THE DEFENDANT: 323 Cascade Road Mechanicsburg, !PA 17055-5518 CERTIFICATE OF10CATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTEQ AY THIS LIEN IS ATTORNEY ATTY FILE NO.: XFP 165792 ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire Pa. I.D. #55650 Kimberly A. Bonner, Esquire Pa. I.D. #89705 Joel A. Ackerman, Esquire Pa I.D. #202729 Ashleigh Levy Marin, Esquire Pa I.D. #306799 Ralph M. Salvia, Esquire Pa I.D. #202946 Jaime R. Ackerman, Esquire Pa I.D. #311032 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500 (908) 233-1390 FAX office(@zuckergoldberp,.com File No.: XFP-165792/rj r-> -4 61 HI CkN' 3l??oco R?a?S?Sa Zucker, Goldberg & Ackerman, LLC XFP-165792 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN V1?RITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL E ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF!,THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. Zucker, Goldberg & Ackerman, LLC XFP-165792 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, NO.. VS. Doris L. Benson; Norman E. Benson; Defendant(s). NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money' or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND LAWYER REFERRAL Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 Zucker, Goldberg & Ackerman, LLC XFP-165792 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. VS. Plaintiff, CIVIL DIVISION NO.. Doris L. Benson; Norman E. Benson; Defendant(s). AVISO LISTED HA SlDO DEMANDADO/A EN CORTE. Si usted desea defenderse de la demanda establecida en [as siguientes ppginas, debe tomar accion dentro de los proximos veinte (20) dias despuds de la notificacion de esta Demanda y Aviso respondiendo personalmente o por medio de un abogado una comparecencia esc rita y ra4icando en la Corte por escrito sus defensas y objeciones a las demandas establecidas en su contra. Se 10 advierte de que si usted falla en tomar accion como se describe anteriormente, el caso puede proceder sin usted sin previo aviso y un fallo por cualquier suma de dinero reclamada en la demanda 0 cua Iquier otra reclamacion o remedio solicitado por el demandante, puede ser dictado en contra suva',por la Corte. Usted puede perder dinero o propiedades u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO Cp NO PUEDE PAGAR LINO, LLAME 0 VAVA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENC6NTRAR ASISTENCIA LEGAL. 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 XFP-165792 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, NO.: VS. Doris L. Benson; Norman E. Benson; Defendant(s). CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Wells Fargo Bank, N.A., by its attorneys, Zucker, Goldberg & Ackerman, LLC, and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Wells Fargo Bank, N.A., (hereinafter "plaintiff") through its servicing agent WELLS FARGO BANK, N.A. located at 3476 Stateview Blvd., MAC # X7801-013, Ft. Mill, SC 29715. 2. Defendant, Doris L. Benson, is an individual whose last known address is 323 Cascade Road, Mechanicsburg, PA 17055-5518. 3. Defendant, Norman E. Benson, is an individual whose last known address is 323 Cascade Road, Mechanicsburg, PA 17055-5518. 4. On or about September 30, 2005, Doris L. Benson and Norman E. Benson executed a Note in favor of American Home Mortgage, and its successors and assigns in the original principal amount of $128,981.00. 5. On or about September 30, 2005, as security for payment of the aforesaid Note, Doris L. Benson and Norman E. Benson made, executed and delivered to Mortgage Electronic Registration Systems, Inc., as nominee for American Home Mortgage a Mortgage in the original principal amount of $128,981.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on October 4, 2005, in Mortgage Book Volume 1925, Page 2543. A true and correct copy of said Mortgage containing a description] of the premises subject to said Mortgage is marked Exhibit "A", attached hereto and made a pant hereof. Zucker, Goldberg & Ackerman, LLC XFP-165792 6. The Mortgage was assigned by Mortgage Electronic Registration Systems, Inc. to Wells FargoBank, NA, pursuant to an assignment of mortgage dated April 8, 2008 and recorded on April 24, 2008 in the Office of the Recorder of Deeds for Cumberland County, Instrument #200813153. 7. The Mortgage was correctively assigned by Mortgage Electronic Registration Systems, Inc., as nominee for American Home Mortgage, its successors and assigns to Wells Fargo Bank, NA, plaintiff herein, pursuant to an assignment of mortgage dated February 3, 2012 and recorded on February 8, 2012 in the Office of the Register of Deeds for Cumberland County, Instrument I#201203897. Said Assignment of Mortgage was recorded to correct the name of the assignor/as$ignee in the aforementioned assignment. 8. The aforesaid Mortgage was amended and increased in principal amount of $146,775.39 pursuant to a certain Modification Agreement by and between Wells Fargo Bank, NA and Defendants, Doris L. Benson and Norman E. Benson, which is unrecorded at this time. The terms of said modification set forth the interest rate at 6.125% with a new monthly payment and interest amount of $ 906.47 commencing November 1, 2008 and continuing thereon with the due date of obligation .16ne 1, 2037. A true and correct copy of said Modification Agreement is marked Exhibit B, attached hereto and made a part hereof. 9. Defendants are in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest being contractually due for the December 2011 payment, and pursuant to the terms of the aforesaid Mortgage, after written notice of said default to Defendant(s), the entire principal balance and accrued interest due thereunder' has been accelerated. 10. Doris L. Benson and Norman E. Benson, her husband, are record and real owners of the aforesaid mortgaged premises. 11. 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. Zucker, Goldberg & Ackerman, LLC XFP-165792 12. The amount due and owing Plaintiff by Defendant(s) is as follows: Principal $165,742.29 Interest through 04/24/2012 $4,074.56 Escrow Advance $416.59 Late Charges $195.20 Inspection Fees $30.00 Total $170,458.64 plus interest on the principal sum ($165,742.29) at the daily per diem amount of $23.27, and all other additional amounts authorized under the Mortgage, actually and reasonably incurred by Plaintiff, including but not limited to, late charges, costs (including escrow advances) and Plaintiff's attorneys' fees and expenses. Plaintiff reserves the right to file a motion in the above-captioned action to add such additional sums to the above amount due and owning when incurred. 13. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seekinga 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 $170,458.64, with interest thereon at daily per diem amount of $23.27 plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure' and sale of the mortgaged premises. 7 ?AN, LLC ZUCKER, GOLD & BY: Dated: Joel A. A kerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Jaime R. Ackerman, Esquire; PA I.D. #311032 Attorneys for Plaintiff XFP-165792/rj 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com Zucker, Goldberg & Ackerman, LLC XFP-165792 EXHIBIT A Zucker, Goldberg & Ackerman, LLC XFP-165792 s Prepared By: Anita Gut`esrez 3C47 Colur..:4ia Avenue Lancaster, PA 17603 (7'7) 233-7692 Return To: Amer`-car. ILa:ne Mortgage 520 Broadhollow Road Melville, N`_' 1'747 (5=6):49-37CC P=el Number: 42-29-2423-0'C Premises: ? 5- Z' =T P. 4" 1 E4LER E:i;RCV; CF DEEDS MNTY-FA 05 OCT 9 AM 11 411 itr ISgce Abo x'rhis Line For Reowdkip Dwiwl (bmmonweaNh of Pennsylvmin -3011 MORTGAGE LI A Case No. MIN THIS MORTGAGE ("Security instrument") is Oven on September 3u, zuuD The Mortgagor is DORIS L. BENSON and NORMAN E. BENSON ("Borrower"). This Security Instrument is given to Mortgage Electronic Registration Systems, Inc. ('MEW'), (solely as nominee for Lender, as hereinafter defined, and Lender's successors and assigns), its mortgagee. MFRS is organited and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint. MI 48501-20^-6, tel. (SM) 679-MFRS. American Home Mortgage ("Lender") is organized and existing under the laws or3tat3 of New York and has an address of 520 BROAD11OLLOW ROAD, MELVILLE, NY 11747 . Borrower owes LLrxfcr the principal gum of One 11undxed Twenty Eight Thousand Nine Hundred Eighty One and No/100 Dollars (U.S. S 128,99-00 ?. t71, 1tptrc wilts MFRS • 4(96 Amended 6/03 71Fd BK 1925PG2543 s <40 OPPOW OW ?"'? yi This debt is c%,*nmd by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full dolt, if not paid earlier, due and payable on October 1, 035 . Thu Security Instrument secures to L.cndcr: (ale) the repayment of the! debt evidenced by the Noxe, with interest, and all renewals, extensions and modifications of the Note; (b) thepaymcni of all other sums, with interest, advartecd under paragraph 7 In protect the scctrity of this Security Ilrwttument; and (c) the performance of Borrower's covenants and agreements under this Security Instrum}m and the Note. For this purpose. Borrower dots herchy mortgage, grant and convey to MGRS (wkly as nominee for Lender and Lender's successors and assigns) and to the successors arxPassigns of MFRS, doe following described property hxatted in CUMBERLAND County, PcnncYly'ania: SEE A^-TAC-HZD LEGAL CESCR:PTION c,. which has the address of 323 Cascade Road [street] Mochanicsbur; Ic'ityl,PcnnsvJvania i7r,55 (ZipCc<k) ("Property Address"); TOGETHER WITH all the improvements now or hereafter ereclcd net the property, and all casements. appurtenance.q and fixtures now or hereafter a part of the property. All mpla cemcnis and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MFRS holds only legal title to the interests granted by Borrower in thb; *-urity Instrument; but, if necessary to comply with law or custom, MERS, (as nominee for Lender and Lendor's successors and assigns), has the right: to exercise any or all of those interests, including, but rate limited Ili, the right to foreclose and sell the Property; and to take any action required of Lender including, but not] limited to, releasing or canceling this Security Instrument. BORROWOR COVENANTS that Borrower is lawfully served of the estate hereby conveyed and has the right to mor gage, 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 Pr(4x:rty against all claims and demarjds, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform awcaants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. a, 4%4N(PA) nucer: _ r.y _,t 10 / I E4 SK l 925PG2544 llotrrower d Lender covenant and agree as follows: UNIFORM COVENANTS. 1. Paymen of Pr[ncinal, Interest and Late Charge. Borrower .hull pay when due the principal of, and interest on, t debt cwidenced by the Notc and laic charges due under the Note. 2. Month! Payment of Taxes, Insurance and Other Charlgrs. Borrower shall include in each monthly lraymen , together with the principal and interest as set forth in the Note and any lute charges, a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) Icasehold payments or ground rents on the Property, and (c) premiums for insurance: required under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development (" ecretary"). or in any year in which such premium would have been required if Lutclcr still held the Security Instrument. each monthly payment shall utsu incaude either: (i) a sum for the annual mortgage insurance. premium to be pukl by Leader to the Secretary, or (ii) a monthly charge instead of a mortgage insura a premium if this Security Instrument Is held by the Secrctary•, in a reasonable amount to be determined Irv it u; Secretary. Except for the monthly charge by the Secretary, these items arc called "Escrow Items" and the: $its paid to L.cndcr arc called "Esc mw Funds." Lender ma , at any time, collect. and hold amounts for Escrow Items in an aggregate amount not to exceed the maxi um amount that may be required for Borrower's escrow account under the Real Estate Settlement Proa lures Act of 1974, 12 U.S.C.Section 2601 et seq. and implementing regulations, 34 CFR Pan 3500, as they may he amended from time to time ("RESPA"), except that the cushion or reserve permitted by R ? 'PA for unanticipated disbursements or disbursements before the Borrower's payments arc available in the • unt may not be based on amounts due for the mortgage insurance premium. If the amounts hell by Lender for Escrow Items exceed Ilk amounts permitted to be held by RESPA, Leader shall acc4um to Borrower for the excess funds -.is required by RESPA. If the amounts of funds held by Lender at an) time arc not sufficient to pay the Escrow Items when due, Lundcr may notify the Borrmwer and require Borr vr to make up the shortage as permitted by RFSPA. The ERR Funds arc pledWd as additional security for all sums secured by this Seurity Instrument. If Borrower tender 'to Lender the full payment of all such sums, Borrower's 11CCOunt shall be credited with the balance remainir , I'or all installment items (a), (b), and (c) and any mortg p insurance premium installment that Lender has of become obligated to pay w the Secretary, and Lender shall promptly refund any excc%s funds to Borrower. Immediately prior to a foreclosure s.ak of the Property or its acquisition by Lender, Borrower's acxee)nt shall he credited with any balance remaining for all installments for items (a), (b), and (c). 3. Applkatfon of Payments. All payments under paragraphs 1 and 3 shill be applied by Lender as follows: I Eko, to the Imortgagc insurance premium to be paid by l cndLr to the Secretarv or to the monthly charge by the smrctaryinstead of the monthly mortgage insurance: premium; Second, w dny taxes, special assessments, leasehold payments or ground rents, and fire, flaod and other hazard insurance premiums, as required; Thins, to ini rest due under the Note; Fourth, to Amortization of the principal of the Note; and EJf b, to lit ':charges due under the Note. 4. Fiore and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence: or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall hL maintained in the amount. and for C 4N(PA) lWW, Igoe 3d 10 1r.1: Wa: I? r? BK 1925PG2545 a , Vp AWL '. the periods that rider requires. Borrower shall also insure all imps vcmcnts on the Property, whether now in exisicncc or subsequently erected, against Mss by floods to the extent required by the Sceretary. All insurance shall be carried with %xxnpanies approved by Lender. The insurance policies and any rcnewuls shall Ix: held by Londe and shall include loss Payable clauses in favor of, and in a form acceptable to, Lender. In the even of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if nix made promptly by Borrower. Each insurance company concerned is hereby authorised and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at it% option, either (a) to the reduction of the indebtedness u* r the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, nd then to prepayment of principal, or (b) to the reswration or repair of the damaged Property. Any s lication of the proceeds to the principal shall not extend or postpone the due dale of the monthly papnte which sire referred to in paragraph :, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instnam m shall be paid to the entity legally entitled thereto. In the even of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the 'indebte dncss. all right, title and interest of Borrower in and to insurance policies in fore shall pass to the . purchaser. 5. Occupy, , , Preservation, Malntenanom and Proleet(on of the Property; Borrower's Loan Application; bolls. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within, txty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at [cast one year ter the date of occupancy, unless lender determines that requirement will cause undue hardship for Bodrover. or unless extenuating c:ircumstanecs exist which are beyond Borrower's control. Borrovcr shalt ootify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or su"tially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lenckr may inspect the Property if the Property is vacant or abandoned or the loan is in default. Under may takof reasonable action to protect and preserve suet vacant or abandoned Property. Borrower shall also he in default if Borrower, during the loan application process, gave materially false or inaccurate information or sownients to Lender (or failed to provide Lender with any material Information) in connection with the loan evidenced by da: Kole, including, but not limited to, representations exncerning Borrower's occupancy of the Property as a principal reskknce. If this Security Instrument is on a leasehold, Borrower shall comply wit the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold amt fee title shall no merged unless Leader agrees to the merger in writing. 6. Condom lion. The proceeds of any award or claim for damages, direct or comsequendal, in c orutuc:tion with -any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of du: full amount of the indebtedness thug remains unpaid under the Note and this Security Instrument. Lender shall apply such proccedi to the" uction of the indebtedness under the Note and this Security Instrument, first to any delinquent amour is applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of th proceeds to the principal shall not extend or postpone the date date of the monthly payments, which are referred to in paragraph ^_, or change the amount of such payments. Any excess proceeds over an amount 6-quired to pay all outstanding indebtedness under the Notc and this Security Instrument shall be paid u, the cndty legally entitled thereto. tt-4h(PA) a=,'; ??+dao ?C13 BK 1925PG'2546 7. Chargesi to Borrower and Protection of Lender's Rights In the Property. Borrower shall Pay all governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these o )Iigatio ns on time directly to the entity which is owed the paymcm. If failure to pay would adversely affect nder's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts q?dencing these payments. If Bormwc¢ fails to make these payments or the paymcnts required by paragraph 2, or fails to perform any other co(•en is and agreements contained in this Security Instrument, or there is a el; tl proceeding that may bignificaMl# affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the vain of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and er items mentioned in paragraph 2. Anv amou is disbunuM by Lender under this paragraph shall become an additional debt of Borrower and be secured 1 • this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate, ?ttrd at the option of Lender, shall be immediately due and payable. Borrower . all promptly discharge any lien which has priority over this Security Instrument unless Burrower: (a) ag CC$ in writing to the payment of the obligation secured by the lien in a manner acceptable to Lcneer; (b) coo in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the tier's opinion operate to prevent the enforcement of the lien; or (c) secures from tho holder or the lien an : anent satisfactory to Lender subordinating the lien to this Security Instrument. If Lcndcr tk:ttrmines that ay part of the Property is subject in it lien which may attain priority over this Security Instrument, Under may gh-c Borrower a notice identifying the lien. Borrower shall satisfy the lieu or take one or more or t c actions set forth above within If) days of the giving of notice. 8. Nees. Under may collect fees and charges authorized by doe.Secretary. 9. Grounds for Acceleration of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretary, in the Mac of payment'defaults, require immediate payment in full of all sums secured by this Se(.vrity lnstrument (i) dbrrower default, by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or GO Borrower defaults by failing, for a period of thirty days, to perform any outer obligations cunt doed in this Security Instrument. (b) Sak Wkhout Credit Approval. Lender shall, if permitted by applicable law (including Section 341(d) if the Garn-St. Germain Depository Institutions Act of 19K, 12 U.S.C.1701j-3(d)) and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if. (d) lyll or part of the Property, or n beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property but his or her eredit hits not been approved in a4;nrdanc c with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, hut4 Lerdkr does not require such payments, Lcndur does not waive its right% with respect to sub.,vg4ni events. q&4N(PA) ,rox? b it rW?,din MUM.: ?B 8K 19215 PG2547 .tg: jo (d) lations of HUD Secretary. In many circuinataaces regulations issued by the Secretary will limit ndo:r's rights, in the case of payment defaults, to require immediate payment in full and foreck: if not paid. This Security Instrument dots not authorize a,.=Iemtinn or foreclosure if not permits by regulations of the Secretary. (e) Mor 4W Not Insured. Borrower agtccs that if this Security Instrument and the Note are not deiermi ed to b: eligible for insurance under the National Housing Act within 60 days from the date hereof, Lender may, at its option, require immediate payment in full of all sums secured by this Security,, Instrument. A written statement of any authnrind agent of the Secretary dated subrxquent to 60 chiys from the date bercof, declining to insure this Security Instrument and the Note, shall be deemed II o nclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be excrcisco by fender when the unavailability of insurance: is solely due to Lender's failure to remit cc mortP - insurance premium to the Secretary. 10. Reinstatement. Borrower has a riot to be reinstated if lender has required immediate payment in full because of rrower's failure to pay an amount due under the Note or this Sewrity Instrument. This right applies even afte forccaosure proceedings are Instituted. To reinstate the Security Instrument, Borrower shall tender in a lump cum all amounts required to bring Borrower's account current including, to the extent they are obligations 6' Borrower under this Security instrument, foreclosure cents and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinsfatement by Borrower, this S? urhy Instrument and the obligations that it secures shall remain in effect as if Lender had not required imrt uoliatc payment in full. However, Leader is not required to permit reinstatement if: (i) Lender has accepted reinstatement alter the commencement of foreclosure proceedings within two years immediately preceding the cmInritcncemcnt or a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (ii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borro err Not Released; Yorbeataace By Lender Not a Waiver. Extension of the time of payment or mod?yication of amortization of the sums secured by this Security instrument granted by Lender to any successor''in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's succ ssor in interest. Lender shall not be required to cnmmence proceedings against any suecc.•ssor in interest or refuse to extend time for payment or otherwise modify amonizalio n of the sums secured by this ,.Purity Instrument by reason of any demuncl made by the original Borrower or Borrower's successors in inl rest. Any forbearanou by Lender in exercising any right or remedy shall not be a waiver of or preclude the • ercisc of any right or remedy. 12. Successors and Assigns Bound; Mat and Several Liability; Co-Signers. The covenants and agreements of tl,L% Scwrity Instrument shall bind and benefit the succ:essurs and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. " Borrower whiz LO-signs this Security Instrument but does not execute the Note: (a) is cu-signing this , curity Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security IOrument: and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Ntue without that Borrower's c?tunscnt. t:&L&! D I-6 Ck4N(PA) root hse 6d a -71L,6 x' ,I BK 1925!PG2548 i?pi,T?.4M i?. .. ?. ?9 J ? 13. Notice. Any notice to Burrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another mctlhod. The nulict: Shall be irectcd to the Property Address or any other address Borrower designates by notice to Lender. Any nice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender olsignates by notice to Borrower. Any notice provided for in this Security Instrument Shall he deemed to have en given to Burrower or Lender when given as prewided in this paragraph. 14. Governing Law; Severability. This Security labtrumcat shall be gtiwcnted by Fcderdl law and the law of the jurist fiction in which the Property is Itxdled. In the event that any Provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affeeL other provisions of this Security instrument or the Note which can be given effect without the conflicting pnwision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 15. Borro tr's Copy. Wwrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Haza TnIqt Substances. Borrower shall not cruse or permit the pnwence. use, disposal, storage, or release of any dous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything ng the Property that is in violation of any Environmental Law. The preceding two sentcnees shall pply to the Pr esence, usc:, or storage on the Property t>f small gtutmhics of Hazardous Substances that t rc generally recognized to be appropriate to normal rcsiclcniial uses and to maintenance of the Property. Borrower stall promptly give Lender written notice of any investigation, claim, demand, lawsuit ar tither action by any 6avcmmenLal or regulatory agency or private party involving the Property and any Ibazarrkws Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or Ls notified by any governmental or regulatory authority, that any removal or other rernediation of any Hazardous Substances affecting the Property is necc=ry, Borrower shall prcwnptly take all necessary remedial actions in actxcrdanee with Environmental Law. As used in this paragraph 16, "Hazardous Substances" are thou substances defined as toxic ur hazardous substances by Environmental Law and the following substances: gusulinc, kerosene, other flammable or toxic petroleum produces, toxic: pesticides and herbicides, volatile solvents, materials containing asbestos or formakkhydc, and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal I*s and laws of the jurindiuion where the Property is loiwol that relate to health, safety or environmental protection. NON-UNIFO .COVENANTS. Borrower and Lender further awenant and agree as follows: 17. Assign nt or Rents. Borrower unconditionally assigns and transfers to Under all the rents and revenues of the ropcrty. Borrower authorizes Lender or Lender's agents to culled the rents and revenues and hereby dirce s each tenant of the Property to pay the rents to Lender or Lender's agents. Hcnvever, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Bcrr(nver. TUN acsignmenl of rents constitutes an absolute assignment and not an assignment for additional sectirity, only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as to for benefit of Lcndcr only, to be applied a) the sums secured by the Security Instrument; (h) Lender shall : entitled to collect and receive all of the rents of the Property; and (c) each tenant of the aaN(PA) ima n,r?aw 13 BK 1925PG2549 SO Property shall pity all rents due and unpaid to Lender or Lender's agent (m Lender's written demand to thu tenant. Borrower as not executed any prior assignment of the rents and has not and will not perform any act that would prevent leader from exercising its rights under this paragraph 17. Lcndcr shll not be required to enter upon, take control of or maintain the Property before or after loving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invaliduic any other right or remedy of Lender. This assignment. of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. 18. Furec rc Procedure. If Lender requires Immediate payment in full under paragraph 9, Leader may rcclo a this Security Instrument by judicial proceeding. Lander shall be entitled to collect all expenses incurred In pursuing the remedies provided in this paragraph 18, Including, but not limbed to, att eys' fees and costs of title evideam If the Let er's Interest In this Security Instrument Is held by the Saretw7 and the Secretary requires immes h[te payment in hull under Paragraph 9, the Secretary may invoke the nogjudidal power of sale p vided in the Single Family Mortgage Foreclosure Act of 1994 ("Act') (12 U.S.C.3751 ef seg.) by retieating a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of an rights otherwise available to a lender under this Paragraph IS or applicable law. 19. Release. Upon payment of all sums secured by this Security Instrument. this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Secu?ity instrument without chari,,,c to Burrower. Borrower shall pay any recordation txrstx. 20. Waiveks. 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 silt sale, and homestead cxemjptiem. 21. Reinsijrtement Period. Borrower's Liras to reinstate provided in paragraph 10 shall cxtctxl to one hour prior to the commencement of bidding ut a sheriffs sue or other sale pursuant to this Security Instrument. 22. Pure se Money lllortgage. If any of the debt secured by this Scxauity Instrument is lent to Borrower to a(xl arc We to the Property, this Security Instrument shall he a pureitase money mortgage. 23. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Now. 24. Riders, to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this security instrument as if the rider(s) were a part of this Security Instrument. JChcck applicable blaz(es)]. H Contiomioium Rider Planned )init. Development Rider Growing Equity Rider Graduated Payment Rider 0 Other (specifyj htxBd tO n:r?w: Lj.LJ 8K ( 925PG2550' OMW BY SIGNIOG BELOW, Borrower aoxpts and agces to the tarns contained in this Security Instrument and in any ridcr(k) executed by Borrower and recorded with it. Witnesses; ?--NINA) mv?.• IOJLs co r,-41 g o (Seal) DORIS L. BENSON Borrower G (Seal) NORMAN E. BENSON Borrower _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Donower nymeaIv _ (Seal) .Borrower _ (Seal) -Borrow cr _ (Seal) -Borrower BK i 925PG255 i COMMONWEALTH OF PENNSYLVANIA, CV'\%Zj county ss: On this, ?Oth day of Septenber 2 0 C 5 ,before me, the undersibmcd officer, pcmmally appcalnd DORIS L. BENSON, NORMAN E. BENSON known to me (or satisfactorily proven) to be the person(s) wh . name(s) is/are subscribed to the within instrument and uc:knuwkdgcd that he/shc/they excwlcd the sa c for the purposes herein contained. IN WITN S WHEREOF, I herountt?a nrRcial scat. %4y CommLminn Expires: NtMtefkt S?1 Rebttkah Sttattt . Notary Pub -'"??6tP-=7-?,s?l l` }yrytpdenTwp.,C mbetlandCottnty Myp?t?iortE ceapAaah2f,2006 '1itkuf0t[ictr r,Asntbet: ?yt,,s,ya Of Notaries Certificate of "ence 1, z do hereby -vrtirv that the correct addn:?;s of the within-named _!? _gacee '_s 52C BR2OACHOLLOW ROAD, XFT"17_LLE1 N 1:747. W_tness My hard this 30th day ct ' Ageot of A1.+ntagec (J et-4N(PA) ago rve rod ro 9,6 BU 9251PG2552 EXHIBIT "A" i ALL THAT CERTAIN piece or parcel of land, situate in the Township of Upper Allen, County of Cumberland and Commonwealth of Pennsylvania, bounded and 'described as follows, to wit: BEGINNING at a point on the eastern line of Cascade Road at the southernrnn linc*of Lot No. 40 as shown on the hereinafter mentioned Plan of Lots; thence Aong the southern line of Lot No. 40, North 82 degrees 37 minutes East, 138 feet to a point; thence South 7 degrees 23 minutes East, 80 feet to a point; thence ISoutl 82 degrees 37 minutes West, 138 feet to Cascade Road; thence along the eastern line of Cascade Road, North 7 degrees 23 minutes West, 80 feet to the place of BEGINNING. .1 (BEING Lot No. 41, Plan of Section C, Mt. Allen Heights, said Plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania; in Plan Book 11, Page 58. UDDER AND SUBJECT to building and use restrictions and rights of public utilities created by instruments of prior record. HAVING THEREON ERECTED an aluminum split-level dwelling house. . 1 f . i Ill ".1.: 1-2 Re-coi'(1 er o l'Dee d.-s I 89- --1925PG2S53 Aow" Doris L. Benson Dorman E. Benson EXHIBIT B Zucker, Goldberg & Ackerman, LLC XFP-165792 lvtv N MOD I FI CATION AC?RF.FMENT LOAN NUMBER: THIS LOAM MODIFICATION AGREEMENT made on August 25, between DORIS L BENSON and NORMAN E BENSON (the "Borrower(s)") and Wells Fargo Bank, N A (the W I T N E S S E T H Wells Fargo Horne Mortgage MAC X7801-03K 3476 Stateview Boulevard Fort Mill, SC 29715 2008, by and "Lender") WHEREAS, Borrower has requested, and Lender has agreed, subject to the following terms and conditions, to a modification in the payment as follows: NOW THEREFORE, in consideration of the covenants hereinafter set forth and of 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 contained in the Note and Mortgage dated 9/30/2005): 1. BALANCE. As of August 25, 2008, the amount payable under the Note and Mortgage (the "Unpaid Principal Balance") is U.S. $ 133,454.23. 2. EXTENSION. This agreement hereby modifies the following terms of the Security Instrument described herein above as follows: A. The current contractual due date has been extended from 09-01-07. The first modified contractual due date is due on 11/01/2008. B. The maturity date has been extended from 10-35 (month/year) to 06/01/2037. C. The amount of interest to be capitalized will be U.S. $ 9,536.38. The modified unpaid principal balance is U.S. $ 146,775.39. D. The borrower 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. $ 146,775.39. The borrower promises to make monthly payments of principal and interest of U.S. $ 906.47, at a yearly rate of 6.1250, not including any escrow deposit, if appl.icabte. Tt on the maturity date the borrower still owes amount under the Note and Security Instrument, as amended by this Agreement, borrower will pay these amounts in full on the maturity date. * (If applicable, all scheduled step rate changes according to your Note and Mortgage will remain unchanged.) LC175/TNH/Page 1 Wells Fargo Home Mortgage is a division of Wells Fargo Bank, N.A. t4l' # 0 Loan modification Agreement Page 2 of Loan Wells Fargo Home Mortgage MAC X7801-03K 3476 Stateview Boulevard Fort Mill, SC 29715 NOTE AND MORTGAGE. Nothing in this Agreement shall be understood or construed to be a satisfaction or release, in whole or in part of the Borrower's obligations under the Note or Mortgage. Further, except as otherwise specifically provided in this Agreement, the Note and Mortgage will remain unchanged, and Borrower and Lender will be bound by, and shall comply with, all of the terms and provisions thereof, as amended by this Agreement. 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 typographical or clerical errors discovered in the Modification Agreement required to be signed. T.n 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 undersigne?d's monthly principal and interest payments as modified by this agreement'. Any of these specified changes must be executed directly by the undersigned. This limited power of attorney shall automatically terminate in 120 days from the closing date of the undersigned's Modification. D- (Borrower Initial) IN WITNESS WHEREOF, the parties hereto have executed this Agreement as the date first above written. By signing this loan Modification I hereby consent to being contacted concerning this loan at any cellular or mobile telephone number I may have. This includes text messages, at no cost to me, and telephone calls including the use of automated dialing systems to contact my cellular or mobile telephone. G? Doris L B son / at Norman E enson 43, L,UI /5/TNH/Z ••ell%.aryo Home Mortgage is a division of Wells Fargo Bank, N.A. a - r VERIFICATION Tracy Archuleta, hereby states that /she is Vice President Loan Documentation o'WELLS FARGO BANK, N.A., plaintiff or mortgage servicing agent for plaintiff in this matter, that/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 Ni 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. P/ DATE: 1 acne: Tracy Archuleta 'I itlc: Vice President Loan Documentation Name:Bcnson File 4:165792 012-PA-V3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, NO I x'33,5 .: E VS. r, Doris L. Benson; Norman E. Benson; Defendant(s). N NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. 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 thle 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 o 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 XFP-165792 ZUCKER, GOLDBERG &ACKERMA Dated: May 23, 2012 BY: Scott A. jc , sq ; PA I.D. #55650 Kimb y A. Bonner, Esquire; PA I.D. #89705 Joel Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 Attorneys for Plaintiff XFP-165792/jab 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com Zucker, Goldberg & Ackerman, LLC XFP-165792 ' 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 p ssible options while working with your Please provi a the following information to the best of your knowledge: Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Addrhess (if different): City: Phone Numbers: Email: # of people in household: Mailing Address: City: Phone Numbers: Email: # of people in household: Yes ? No ? Listing date State: Zip: Price: $ Realtor Phone: Yes ? No ? State: Zip: Home: Office: Cell: Other: How long? State: Zip: Home: Office: Cell: Other: How long? First Mortgage Lender: Type of Loan: Loan Number: Second Mortgage Lender: Type of Loa h: Loan Number: Total Mortgage Payments Amount: $ Date of Last', Payment: Primary Reason for Default: Included Taxes & Insurance: Is the loan in Bankruptcy? Yes ? No ? If yes, provide names, location of court, case number & attorney: Date you closed your loan: Zucker, Goldberg & Ackerman, LLC XFP-165792 Assets Home: Other Real Estate: Retirement Funds: Investments: Checking: Savings: Other: Automobile #1: Amount Owed: Model: Value: Year: Amount owed: Value: Automobile #2: Model: Amount owed: Value: Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. Monthly amount: 2. Monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) Year: EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2"d Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/r 'pairs Other prop. payment Install. Loan,, Payment Cable TV Child Suppo /Alim. Spending Money Day/Child Core/Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ? No ? If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Zucker, Goldberg & Ackerman, LLC XFP-165792 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, pleased 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: Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: V Proof of Income V Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of current utility bill V Letter explaining reason for delinquency and any supporting documentation (hardship letter) V Listing agreement (if property is currently on the market) Zucker, Goldberg & Ackerman, LLC XFP-165792 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, NO.. VS. Doris L. Benson; Norman E. Benson; 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 Legal Representative Date Signature o Defendant Date Signature of Defendant Date Zucker, Goldberg & Ackerman, LLC XFP-165792 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, NO.. VS. Doris L. Benson; Norman E. Benson; ANDNOW, 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 Defendant(s). CASE MANAGEMENT ORDER Zucker, Goldberg & Ackerman, LLC XFP-165792 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, 1. Zucker, Goldberg & Ackerman, LLC XFP-165792 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 12 AM 8- 17 E: ,TNSYLVAMA Wells Fargo Bank, NA vs' Case Number . Doris L. Benson (et al.) 2012-3315 SHERIFF'S RETURN OF SERVICE 06/04/2012 03:18 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on June 4, 2012 at 1518 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: Doris L. Benson, by making known unto herself personally, at 323 Cascade Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. RYAN BURGETT, DE`PUTYzzb 06/04/2012 03:18 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on June 4, 2012 at 1518 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: Norman E. Benson, by making known unto Doris Benson, Wife of Defendant at 323 Cascade Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. RYAN BURGETT, D SHERIFF COST: $54.45 June 06, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Shenff, Teleosoft, Inc. ~ C r'y'a -i r.a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVJ rt'.tiy. r- .-- Wells Fargo Bank, N.A. CIVIL DIVISION ~~ a' Plaintiff, p~ ~ ~'„~ vs. N0.:12-3315 ~p ~ ~~ A Doris L. Benson; Norman E. Benson; ,."i,~ Defendant(s). PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT (MORTGAGE FORECLOSURE) TO: PROTHONOTARY Please enter judgment, in mortgage foreclosure (in rem only), in the above-captioned case in favor of Plaintiff and against Defendant(s), for failure to file a response to Plaintiff's Complaint within the appropriate time limits from service thereof, and assess PlaintifYs damages as follows: Amount as set forth in Complaint Interest from Complaint date through 07/24/2012 late Charges TOTAL $170,458.64 $ 2,094.30 $108.78 $172,661.72 plus interest on the judgment amount ($172,661.72) from July 25, 2012, at the statutory rate and for foreclosure and sale of the mortgaged premises. I hereby certify that the defendant's last known address is: Dated: ~f/2 Gj I~ c/o The Law Office of Gregory S. Hazlett, Esq. 7 West Main Street Mechanicsburg, PAf17055 ZUCKER, GOLB Email: Office@zuckergoldberg.com Q~~'t~'~ Joel A. Ack~rm~n, Esquire; PA LD. #202729 Ashleigh f</ Marin, Esquire; PA I.D. #306799 Jaime R. Ackerman, Esquire; PA I.D. #311032 Attorneys for Plaintiff XFP-165792 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500• (908) 233-1390 FAX DAMAGES ARE HEREBY ASSESSED AS INDICATE Date Pr ol1 C~~3& '~ to ~ ~p~ ~Q~ S3 Noo I ~p,,;,.lea IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. Plaintiff, CIVIL DIVISION vs. Doris L. Benson; Norman E. Benson; Defendant(s). NO.: 12-3315 AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING Of NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT STATE OF NEW JERSEY SS: COUNTY OF UNION I, the undersigned attorney for the plaintiff in the above action, being duly sworn according law, do hereby depose and say that the statements made herein are true in and correct to the best my knowledge, information, and that: 1) The Defendant is not in the military service of the United States of America to the b~ of my knowledge, information and belief as evidenced by the attached copies; 2) The Notice of Intent to take Default Judgment was mailed in accordance with Pa. R.C 237.1 and that the time limits provided for that notice have expired. / , ZUCKER, GO A Dated: ~~ BY: // Joel A. erman, Esquire; PA I.D. #202729 Ashlei h L. Marin, Esquire; PA I.D. #306799 Jaime R. Ackerman, Esquire; PA I.D. #311032 Attorneys for Plaintiff XFP-165792 200 Shefbeld Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com Sworn to and subscribed before me ' 2 ~ day of ? 4 ~ , 20('~-- No ublic My Co fission Expires: ~-- EDWARD J. SCHWAHL II Commission # 2383239 Notary Public, State of New Jersey My Commission Expires Marc~r 09, 2014 Zucker, Goldberg & Ackerman, LL XFP-16579 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for milkary medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly know as the Soldiers' and Saibrs' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any fam ly member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entkled t the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http:l/www.defenseNnk.miUfaglpislPC09SLDR.html. If you have evidence the person was on active duty for the active duty sta s date and you fail to obtain this additional Service verificaton, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c . This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the irxtividual left Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for a duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods ss than 30 oonsecutlve days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position i the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Re rve Program Administrator (RPAs). Active Duly status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would n be reported as on Alive Duty under this certificate. SCRA protections are for Title 10 and TRIe 14 active duty records for all the Uniformed Services peri s. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inctusive dates of se ice. Furthemrore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who hav not actually begun active duly or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the CRI extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal wunsel to ensure that all rights guaranteed to Service members under the are protected WARNING: This certificate was provided based on a last name, SSN, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Report ID: POD70JTFBE The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Reporting System (DEERS) database which is the official source of data on eligibility for milftary medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly know as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any fa ly member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled t the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenaelink.miUfag/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty slat s date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c . This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for a duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods ss than 30 consecutive days in length were available. to the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federel funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position i the unit they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Re rve Pmgrem Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S Public Health Service or the National Oceanic and Atmospheric Administration (NOAH Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would n be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services peri ds. Title 32 periods of Active Duty are not covered by SCRA, as defined in ac~rdance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking., to rely an this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of se ice. Furthernore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who hav not actually begun active duty or actualy reported for induction. The Last Date on Active Duty entry is important because a number of protections of the IZ extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the are protected WARNING: This certificate was provided based on a last name, SSN, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Report ID: SULFF72KT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, ' NO.: 12-3315 vs. Doris L. Benson; Norman E. Benson; . Defendant(s). ' NOTICE OF ORDER, DECREE OR JUDGMENT T0: Doris L. Benson c/o The Law Office of Gregory S. Hazlett, Esq. 7 West Main Street Mechanicsburg, PA 17055 [ ] Plaintiff [~] Defendant [ ] Additional Defendant You are hereby notified that an rder Decree or Judgment was entered in the above captioned proceeding on ~e~- [ ] A copy of the Order or Decree is enclosed, or [V) The judgment is as follows: $172,661.72 plus s. w Prothonotary Zucker, Goldberg & Ackerman, XFP-165 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, ' vs. N0.:12-3315 Doris L. Benson; Norman E. Benson; . Defendant(s). NOTICE OF ORDER, DECREE OR JUDGMENT T0: Norman E. Benson c/o The Law Office of Gregory S. Hazlett, Esq. 7 West Main Street Mechanicsburg, PA 17055 [ ] Plaintiff [~] Defendant [ ] Additional Defendant You are hereby notified that an Or er, D cree or Judgment was entered in the above captioned proceeding on ~ a [ ] A copy of the Order or Decree is enclosed, or [~] The judgment is as follows: $172,661.72 plus c • Prothonotary Zucker, Goldberg & Ackerman, SHERIFF'S OFFICE OF CUMBERLAND COUNTY l '~~ ~ Ronny R Anderson Sheriti' Jody S Smith ~o~n~e of ~rc~~~a Chief Deputy _~., ~_ Richard W Stewart ~'~+y '- Solic~or o~ of ~ s~+asf Wills Faryo Bank, NA Case Number vs. Doris L. Benson (et al.) 2012-3315 SHERIFF'S RETURN OF SERVECE 06/Z34R012 03:18 PM • Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on June 4, 2012 at 1518 hours, he served a true copy of the wlthM Complaint in Mortgage Foredoe~ure and Notice of Residents Mortgage Foredosure Diversion Program, upon the wRhin named defendant, to wit: Doris L Benson, by making known unto herself personally, at 323 CasE~ade Road, Mechanirsbutg, Cumberland County, PennsyNrania 17066 its conterrta and at the same time handing to her personally the said true and correcx copy of the same. 06/04/2012 03:18 PM -Ryan Burgett, Deputy Sheriff, who berg duly sworn according to law, states that on June 4, 2012 at 161$ hours, he served a true Dopy of the within Complaint i» Mortgage Foreclo:lure and Notioe of Rasidendal Mortgage Foreclosure Diwrsian P~rsun, upon the within named defendant, to wit: Nomran E. Benson, by making known unto Doris Bsnson, Wlfs of Dar[endant at 323 Cascade Raad, Mechariasburg, Cumberland County, Pennsylvania 17055 its canteMa and at the same time handing to her personaNy the said true and correct cry of the same. RYAN BURGETT, SHERIFF COST: X54.45 June O6, 2012 SO ANSWERS, ~~ (c) couxySUR. snenir, TdweoR ~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. Plaintiff, CIVIL DIVISION vs. Doris L Benson Norman E. Bannon TO: Doris L Benson 323 Cascade Road Mechanicsburg, PA 17055-5518 DATE OF NOTICE: 6/26/2012 NO.: 12-3315 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAII,ED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUD GMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER Il+dPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIl~TD OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND ~ LAWYERREFERRAL SER~TCE Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 880-9108 (717) 249-3166 (717) 249-3166 Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. Plaintiff, CIVIL DIVISION vs. Doris L. Benson Norman E. Benson TO: Doris L. Benson 323 Cascade Road Mechanicsburg, PA 17055-5518 Defendant. NO.: 12-3315 ~iVISO Il~ORTANTE FECHA DEL AVIS0:6/26/2012 LISTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE LISTED TOME ACCION DENTRO DE LOS PR0~+1lOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUVA SIN LLEVARSE A CABO UNA VISTA Y LISTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. LISTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI LISTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR LINO, VAYA O LLAME LA OFICINA ABA~O Il~IDICADA PARR QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE T a DEFEND .'~ LAWYER REFERRAL S~R~'ICE Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 ZUCKER, GULDBERG &ACKERMAN BY: Scan CZ. ~iette~icf~ Scott A. Dietterick, Esquire Attorneys for Plaintiff PA I.D. # SSfi50 200 Sheffield Street, Suite 301 P.Q. Box 1024 Mountainside, NJ 07492-0024 (717) 533-3550 FIRST CLASS U.S. MAIL, POSTAGE PREPAID 165792 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. Plaintiff, CIVIL DIVISION vs. Doris L. Benson Norman E. Benson Defendant. NO.: 12-3315 IMPORTANT NOTICE TO: Doris L. Berson c/o The Law Ofllce of Gregory S. Hazlett, Esquire 7 West Nialn Street Mechanicsburg, PA 17055 DATE OF NOTICE: 7/11/2012 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth again you. Unless you act within Ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal Help. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-8108 Phone (800) 980-910$ (717) 249-3166 (717) 249-3166 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wetls Fargo Bank, N.A. Plaintiff, CIVIL DIVISION vs. Doris L. Benson Norman E. Benson Defendant. NO.: 12-3315 AVISQ IMPORTANTE TO: Doris L. Benson cio The Law Office of Gregory S. Hazlett, Esquire 7 West Main Street Mechanicsburg, PA 17055 FECHA DEL AVIS0:7/11/2012 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCiON REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AZTISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUVA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IlVlPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INiv]EDIATAMENTE A SU ABOGAD O. SI USTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABAJO INDICADA PARR QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. Nt~TICE TrJ DEFEND 8t~ I,AWYERREFERRAL SERVICE Cumberland Courrty Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 880-9108 Phone (800) 990-8108 (717) 249-3166 (717) 249-3186 ZUCKER, G~LDBERG c9tACKERMAN BY: SiD~ A. ~ I~Q-IC~L Scott A. Dietterick, Esquire Attorneys for Plaintiff PA I.D. # 55650 200 Sheffield Street, Suite 301 P. O. Box 1 D24 Mountainside, NJ 07092-0024 (717) 533-3560 FIRST CLASS U.S. MAIL, PGSTAGE PREPAID 165792 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Welly Fargo Bank, N.A. Plaintiff, CIVIL DIVISION vs. Dori: L. Benson Norman E. Benson TO: Norman E. Benson 323 Cascade Road Mechanicsburg, PA 17055-5518 DATE OF NOTICE: 6/26/2012 NO.: 12-3315 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAII,ED TO ENTER A WRTTTEN APPEARANCE PERSONALLY OR B Y ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IlviPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWIlZTG OFFICE TO FR~TD OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND,~LA~3VYERREFERRAL SERVICE Cumberland County Bar Association Cumberland County Bar Association 32 3. Bedford Street 32 S. Bedford Street Carlis~, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 880-9108 (717) 248-3166 (717) 249-3166 Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. Plaintiff, CIVIL DIVISION vs. Doris L. Benson Norman E. Benson TO: Norman E. Benson 323 Cascade Road Mechanicsburg, PA 17055-5518 Defendant. NO.: 12-3315 AVISO IlVIPQ-RTANTE FECHA DEL AVISO:6/26/2012 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MEN'OS QUE USTED TOME ACCION DENTRO DE LOS PROXIlVIOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED N'O TIENTE UN ABOGADO O NO PUEDE PAGAR U1~T0, VAYA O LLAME LA OFICINA ABAJO Il~]DICADA PARR QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE TO DEFEND.fi L~1~3V'YERREFERRAL SER~~CE Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Stree# Carlisle, PA 17013 Cati~le, PA 17013 Phone (800) 990-9108 Phone (800) 990-8108 (717) 249-3188 (717) 249-3168 ZUCKER, GdLDBERG &ACKERMAN BY: Scal'.t d. ~eette~icEf Scott A. Dietterick, Esquire Attorneys for Plaintiff PA I.D. # SSb50 200 Sheffield Street, Suite 301 P.O. Box lOZ4 Mountainside, NJ 07092-0024 (717) 533-3560 FIRST CLASS U.S. MAIL, PQSTAGE PREPAID 165792 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, Defendant. CIVIL DIVISION NO.: 12-3315 IMPORTANT NOTICE ~,_ __ Wells Fargo Bank, N.A. vs. Doris L. Benson Norman E. Benson TO: Norman E. Benson Go The Law Offtce of Gregory S. Hazlett, Esquire 7 West Main Street Mechanicsburg, PA 17055 DATE OF NOTICE: 7/11/2012 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth again you. Unless you act within Ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal Help. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlis~, PA 17013 Phone (800) 880-8108 (717) 248-3166 Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 890-9108 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, Defendant. CIVIL DIVISION NO.: 12-3315 AVISO IMPORTAIYTE Wells Fargo Bank, N.A. vs. Doris L. Benson Norman E. Benson TO: Norman E. Benson clo The Law Office of Gregory S. Hazlett, Esquire 7 West Main Street Mechanicsburg, PA 77055 FECHA DEL AVIS0:7/11/2012 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIGS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS Il+1~ORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO IN1v1EDIATAMENT'E A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICITTA ABAJO Il~TDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NaTICE TU DEFEND 8t LAWYERREFERR.AL SERVICE Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 880-9108 Phone (800) 890-9108 (717) 249-3168 (717) 249-3166 ZUCI~ER, GOLDBERG &ACKERMAN Bv: Saott A. D idteridc Scott A. Dietterick, Esquire Attorneys for Plaintiff PA I.D. # 55650 200 Sheffield Street, Suitc 301 P. O. Box 1024 Mountainside, NJ 07042-0024 (717) 533-3560 FIRST CLASS U.S. MAIL, PCJSTAGE PREPAID 165792 ~_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank,N.A., CIVIL DIVISION ,, w . =.-,r Fi i= Plaintiff, NO.: 12-3315 CD , VS. -C c r' ::-cn Execution No.: Doris L. Benson;Norman E. Benson; Defendant(s). AMENDED AFFIDA VIT PURSUANT TO RULE 3.129.1 Wells Fargo Bank,N.A., Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 323 Cascade Road, Mechanicsburg,PA 17055-5518. 1. Name and Address of Owner(s)or Reputed Owner(s): DORIS L. BENSON AND NORMAN E. BENSON, HER HUSBAND, 323 Cascade Road Mechanicsburg, PA 17055-5518 AND c/o The Law Office of Gregory S. Hazlett, Esq. 7 West Main Street Mechanicsburg, PA 17055 2. Name and Address of Defendant(s) in the Judgment: DORIS L. BENSON 323 Cascade Road Mechanicsburg, PA 17055-5518 AND c/o The Law Office of Gregory S. Hazlett, Esq. 7 West Main Street Mechanicsburg, PA 17055 NORMAN E. BENSON 323 Cascade Road Mechanicsburg, PA 17055-5518 AND c/o The Law Office of Gregory S. Hazlett, Esq. 7 West Main Street Mechanicsburg, PA 17055 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: WELLS FARGO BANK,N.A. Plaintiff WELLS FARGO BANK,N.A. 3476 Stateview Boulevard Fort Mill, SC 29715 AND c/o PHELAN HALLINAN& SCHMIEG, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 4. Name and Address of the last record holder of every mortgage of record: WELLS FARGO BANK,N.A. Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR AMERICAN HOME MORTGAGE P.O. Box 2026 Flint, MI 48501-2026 AND 520 Broaqdhollow Road Melville,NY 11747 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC P.O. Box 2026 Flint, MI 48501-2026 SUSQUEHANNA VALLEY FCU 3850 Hartzdale Drive Camp Hill, PA 17011 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 323 Cascade Road Mechanicsburg, PA 17055-5518 UNKNOWN SPOUSE 323 Cascade Road Mechanicsburg, PA 17055-5518 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 1 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 Dated: BY: Scott A. Diittiiick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA.I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin,Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 200 Sheffield Street, Suite 101 Mountainside,NJ 07092 File No.: XFP-165792 (908)233-8500; (908)233-1390 FAX E-mail: Office@zuckergoldberg.com t Exhibit"A" LEGAL DESCRIPTION ALL THAT CERTAIN PIECE OR PARCEL OF LAND, SITUATE IN THE TOWNSHIP OF UPPER ALLEN, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE EASTERN LINE OF CASCADE ROAD AT THE SOUTHERN LINE OF LOT NO.40 AS SHOWN ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG THE SOUTHERN LINE OF LOT NO. 40,NORTH 82 DEGREES 37 MINUTES EAST, 138 FEET TO A POINT; THENCE SOUTH 7 DEGREES 23 MINUTES EAST, 80 FEET TO A POINT; THENCE SOUTH 82 DEGREES 37 MINUTES WEST, 138 FEET TO CASCADE ROAD; THENCE ALONG THE EASTERN LINE OF CASCADE ROAD,NORTH 7 DEGREES 23 MINUTES WEST, 80 FEET TO THE PLACE OF BEGINNING. BEING LOT NO. 41,PLAN OF SECTION C, MT. ALLEN HEIGHTS, SAID PLAN BEING RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY,PENNSYLVANIA, IN PLAN BOOK 11, PAGE 58. HAVING thereon erected a dwelling house being known and numbered as 323 Cascade Road, Mechanicsburg, PA, 17055-5518. BEING the same premises which Marion J. Heisey, widower,by Deed dated September 29, 2005 and recorded October 4, 2005 in and for Cumberland County,Pennsylvania, in Deed Book Volume 271, Page 1353, granted and conveyed unto Doris L. Benson and Norman E. Benson, her husband,. Tax Map No.: 42-28-2423-010. i. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A., CIVIL DIVISION Plaintiff, NO.: 12-3315 VS. TYPE OF PLEADING Doris L. Benson; Norman E. Benson; Pa. R.C.P. RULE 3129.2(C)AFFIDAVIT OF SERVICE Defendants. OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST FILED ON BEHALF OF: Wells Fargo Bank, N.A. COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG &ACKERMAN, LLC Scott A. Dietterick, Esquire PA I.D.#55650 Kimberly A. Bonner, Esquire- PA I.D.#89705 Joel A.Ackerman, Esquire- PA I.D.#202729 Ashleigh L. Marin, Esquire- PA I.D.#306799 Ralph M. Salvia, Esquire- PA I.D. #202946 Jaime R.Ackerman, Esquire- PA I.D. #311032 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 (908) 233-8500 (908) 233-1390 FAX officeC«@zuckergoldberg.com 2 M .-, r File No.: XFP- 165792/dsc : .... cf1' i iL'r z:CD _ Zucker, Goldberg&Ackerman, LLC XFP-165792 ` ^ ^ UN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N�� CIVIL DIVISION p|aintKf, � ' vs N�.' 12-3315' ' Doris L Benson; Norman E. Benson; � | ' Defendants. ' / . Pa.R.C.P. RULE 3129(c)AFFIDAVIT OF SERVICE OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST [ Daniel Schlesinger, o paralegal with the firm of Zucker, Goldberg & Ackeman, LLC, attorneys for Plaintiff, Wells Fargo Bank, N^4, 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 asfollows: 1. Defendants, Doris L Benson and Norman E. Benson, her husband, are the record owners of the real property. 2. Onor about February Z{l2O13, Defendants Doris L. Benson and Norman E. Benson were served with Plaintiffs Notice of Sheriffs Sale ofReal Property Pursuant to Pa. R.C.P. 3129, via Certified Mail, return receipt requested at the address of the mortgaged premises, being 323 Cascade Road, Mechanicsburg, PA 17055. True and correct copies of said Notices and Proofs of Service are marked Exhibit "A", attached hereto and made a part hereof. 3. On or about April 15, 2013, Plaintiff's counsel served all other parties in interest with Plaintiffs Notice of Sheriff's Sale according to Plaintiffs Affidavit Pursuant to rule 3129.1, via First Class U.S. Mail, Postage Pre-Paid, with a Certificate of Mailing. True and correct copies of said Notices and Certificates of Mailing are marked Exhibit"B",attached hereto and made a part hereof. Zucker, Goldberg&Ackerman, LLC XFP'1S5792 Finally, the undersigned deposes and says that the Defendants/Owners and all other Parties of Interest were served with Plaintiff's Notice of Sheriff's Sale of Real Property in accordance with Pa.R.C.P. 3129.2. ZUCKER, GOLDBERG &ACKERMAN, LLC Attorneys for Plaintiff Dated: May &2013 DANIEL SCHLESINGER Paralegal/Legal Assistant Sworn to a d me this f May, 2013 Notary Nblic MY C PIR S: REZA EONARINE Act of 407261 New Jersey 10#2 Expires 4/12/2016 My Commission Zucker, Goldberg&Ackerman, LLC XFP-165792 EXHIBIT A Zucker, Goldberg&Ackerman, LLC XFP-165792 Zucker,Goldberg&Ackerman,LLC PO Box 1219 Mourrtainside,NJ 07092-1219 7196 9006 9296 5462 5778 20130215-102 Doris L. Benson 323 CASCADE RD MECHANICSBURG, PA 17055-5518 PANOSS q a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank,N.A: CIVIL DIVISION Plaintiff, .. VS. ' No.:12-3315 Doris L.Benson;.Norman E, Benson; Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Doris L. Benson 323 Cascade Road Mechanicsburg,PA 17055-5518 AND c/o The Law.Office of'Gregory S.'Hazlett, Esq., 1 West Main Street Mechanicsburg,PA 17055 TAKE NOTICE: That the Sheriff's Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square,Carlisle,PA 17013 on 6/5/2013'at 10:00am prevailing local time, THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land." (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT"A").. The LOCATION of your property to be sold is: 323 Cascade Road,Mechanicsburg,PA,17055-5518 The JUDGMENT under or pursuant to whichfyour property is being sold is docketed to: No.12-3315 THE NAME(S)OF THE OWNER(S)OR REPUTED OWNER(S)OF THIS PROPERTY ARE: Doris L.Benson and Norman E.Benson,her husband Zucker,Goldberg&Ackerman,LLC .XFP-165992 ' 2. After the Sheriff's Sale,you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for m grossly inadequate price or for other proper cause. � This petition must be filed before the Sheriff's Deed isdelivered. 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 Coun¢y. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order u,rule must be attached to the petition. |fa specific return date � is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA I7O13-33Q7, before presentation nf the petition l to the Court. | � ' ' , � Dated: BY ~ � Kimberly A°Bonner,Esquire; PA.|.D.#89705 Joel A`Ackerman,Esquire;PA|.D.#3OZ729 Ashleigh L.Mahn, Esquire; PALD.#30G799 . Ralph Kq.Salvia,Esquire; RA|.D.#%0Z946 Jaime K.Ackerman,Esquire; PA|.D.#311O32 %OO Sheffield Street,Suite 101 Mountainside, NJ 07092 � File No.:XFP-16S7R2 � (908)233-8500;(908)233-139OFAX � E-mail: DfUce@zunkergn\dberg.mom ' VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE 0Y THE SHERIFF QFCUMBERLAND CO. ' ' ` ' � ' � , ` . Zucker,Guldbeng&Ackerman,LLC ' XFP-165792 . Exhibit"A" LEGAL DESCRIPTION ALL THAT CERTAIN PIECE OR PARCEL OF LAND,SITUATE IN THE TOWNSHIP OF UPPER ALLEN,COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS,TO WIT: BEGINNING AT A POINT ON THE EASTERN LINE OF CASCADE ROAD AT THE SOUTHERN LINE OF LOT NO,40 AS SHOWN ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG THE SOUTHERN LINE OF LOT NO,40,NORTH 82 DEGREES 37 MINUTES EAST, 138 FEET TO A POINT; THENCE SOUTH 7 DEGREES 23 MINUTES EAST,80 FEET TO A POINT; THENCE SOUTH 82 DEGREES 37 MINUTES WEST, 138 FEET TO CASCADE ROAD; THENCE ALONG THE EASTERN LINE OF CASCADE ROAD,NORTH 7 DEGREES 23 MINUTES WEST, 80 FEET TO THE PLACE OF BEGINNING, BEING LOT NO.4 1, PLAN OF SECTION C,MT.ALLEN HEIGHTS,SAID PLAN BEING RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY,PENNSYLVANIA, IN PLAN BOOK 11,PAGE 58, HAVING thereon erected a dwelling house being known and numbered as 323 Cascade Road, Mechanicsburg,PA,17055-5518. BEING the same premises which Marion J.Heisey,widower,by Deed dated September 29,2005 and recorded October 4,2005 in and for Cumberland County,Pennsylvania,in Deed Book Volume 271,Page 1353,granted and conveyed unto Doris L.Benson and Norman E. Benson,her husband,, Tax Map No.*42-28-2423-010. Zucker,Goldberg&Ackerman,LLC XFP-165792 | ' ^ � 2-Article-Number COMPLETE THIS SECTION ON DELIVERY rAectived by(Please Print Clearly) 0. Date of Delivery C.Sig�nL 7196 9006 92 178 A It r x &n� I if YES,enter delivery 3. Service Type CERTIFIED MAIL LU 1. Article Addressed to., at 17 Dods L. Benson -Referencelnfo Zion 323 CASCADE RD L211512013 7196 9006 .9296 5462 5778-102 ' UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid a Q USPS Permit No.G-10 11 �t'hh.1111t 1�1111tt 1�ll n t�tt��ut�ttt�ti�ttt�t�t) itcW Goldberg & Ackerman, LL.0 to PO Box 9076_., �%=Temecuia, CA 92-589z9676 9076 w � ry.s Zucker,Goldberg&Ackerman,LLC PO Box 1219 Mountainside,NJ 07092-1219 7196 9006 9296 5462 6348 20130215-102 Norman E. Benson 323 CASCADE RD MECHANICSBURG, PA 17055-5518 Alul Law PANOSS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Wells Fargo Bank,N.A. CIVIL DIVISION Plaintiff, VS. NO.: 12-3315 Doris L.Benson;Norman E.Benson; Defendants. NOTICE OF SHERIFFS SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Norman E. Benson 323 Cascade Road Mechanicsburg,PA 17055-5518 AND c/o The Law Office of Gregory S. Hazlett, Esq. 7 West Main Street 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 6/5/2013 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT"A"). The LOCATION of your property to be sold is: 323 Cascade Road, Mechanicsburg,PA,170SS-SSIB The JUDGMENT under or pursuant to which your property is being sold is docketed to: No.12-3325 THE NAME(S)OF THE OWNER(S)OR REPUTED OWNER(S)OF THIS PROPERTY ARE: Doris L.Benson and Norman E.Benson,her husband Zucker,Goldberg&Ackerman,LLC XFP-165792 ' ' ' ' A SCHEDULE OF DISTRIBUTION, being alist 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 bn banks that hold mortgages and municipalities that are owed taxes), will befi|edby the Sheriff thirty (3V)days after the sale,and distribution of the proceeds ofsale 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 ofthe Court of Common Pleas of Cumberland County, One Courthouse ' Square,Carlisle,PA 17013-3387. � THIS PAPER IS A NOTICE OFTHE TIME AND PLACE OFTHE SALE OF YOUR PROPERTY. � it has been issued became there is a Judgment against you. It may muse your property to he held,tobe sold ur taken to pay the Judgment. You may have legal rights Uz prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your i 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 / i / Cumberland County Bar Association ' 3Z S.Bedford Street Carlisle,P#1701$ Phone(000)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 wf . a legal defect)n 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 Sheriff's Deed isdelivered. � Zocke�G�dhe�&Ac�m`a�UC � XFP'165792 m��: � 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse square, Carlisle, PA 17013-3387, before presentation of the petition to the Court. ZUCKER GOLDBERG& MAN, BY: 419 Scott A. r Die ick, Esquire; PA I.D.#55650 'c Kimberly lonner,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 Z/ 200 Sheffield Street,Suite 101 Mountainside,NJ 07092 File No.:XFP-165792 (908)233-8500;(908)233-1390 FAX E-mail: Office@zuckergoldberg.com VIA CERTIFIED MAIL,RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. Zucker,Goldberg&Ackerman,LLC XFP-265792 Exhibit"N' LEGAL DESCRIPTION ALL THAT CERTAIN PIECE OR PARCEL OF LAND,SITUATE IN THE TOWNSHIP OF UPPER ALLEN,COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS,TO WIT: BEGINNING AT A POINT ON THE EASTERN LINE OF CASCADE ROAD AT THE SOUTHERN LINE OF LOT NO.40 AS SHOWN ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG THE SOUTHERN LINE OF LOT NO.40,NORTH 82 DEGREES 37 MINUTES EAST, 138 FEET TO A POINT; THENCE SOUTH 7 DEGREES 23 MINUTES EAST, 80 FEET TO A POINT, THENCE SOUTH 82 DEGREES 37 MINUTES WEST, 138 FEET TO CASCADE ROAD; THENCE ALONG THE EASTERN LINE OF CASCADE ROAD,NORTH 7 DEGREES 23 MINUTES WEST, 80 FEET TO THE PLACE OF BEGINNING. BEING LOT NO.41,PLAN OF SECTION C,MT. ALLEN HEIGHTS, SAID PLAN BEING RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY,PENNSYLVANIA, IN PLAN BOOK 11,PAGE 58. HAVING thereon erected a dwelling house being known and numbered as 323 Cascade Road, Mechanicsburg, PA, 17055-5518. BEING the same premises which Marion J, Heisey,widower,by Deed dated September 29,2005 and recorded October 4,2005 in and for Cumberland County,Pennsylvania, in Deed Book Volume 271,Page 1353,granted and conveyed unto Doris L.Benson and Norman E.Benson, her husband,. Tax Map No.:42-28-2423-010. Zucker,Goldberg&Ackerman,LLC t' tic XFP-165792 I 2._Article.Number COMPLETE THIS SECTION ON DELIVERY A. Received by(Please Prird Clearly) I 113.1 Date of Del very ZI C.Signa I . 7196 9006 9296 5462 6348 F _ rs 0. Is delivery address different hum Rern•17,7- v } If YES.enter delivery address betoef� 55 0 3. Service type ;tERTIFIED MAIL V ��dy 44 Reslrioted Deli A 7.XZ;Fee) L Yes—' a. 1_!AriideAddressedto: ` a � Norman E. Benson Reference lnformadbn" `—° 323 CASCADE RD 165792 MECHANICSBURG, PA 17055-5518 PANOSS 2/15/2013 7196 9006 9296 5462 6348-102 3811,January 2005 Domestic Return Recelpt • UNITED STATES POSTAL_SERVICE first-Class Mail Postage BFees Paid P # LISPS. Permit No-G4�0 11t 1 ( G 1111111 111111111"1111 lilt 111!111i 111111,1111111111111 Zucker, Goldberg & Ackerman, PLC Pa Box 9076 `Temecula,.CA 92589-9076, 4v � r EXHIBIT B Zucker, Goldberg&Ackerman, LLC XFP-165792 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Wells Fargo Bank,N.A. CIVIL DIVISION Plaintiff, NO.- 12-3315 vs. Doris L.Benson;Norman E.Benson; Defendants. !' NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P.3129(b) TO. UNKNOWN TENANT OR TENANTS UNKNOWN SPOUSE 323 Cascade Road 323 Cascade Road Mechanicsburg,PA 17055-5518 Mechanicsburg,PA 17055-5518 COMMONWEALTH OF PENNSYLVANIA PA DEPT.OF REVENUE-INHERITANCE DEPARTMENT OF WELFARE TAX DIVISION P.O.Box 2675 Dept.280601 Harrisburg,PA 17105 Harrisburg,PA 17128-0601 CUMBERLAND COUNTY TAX CLAIM CUMBERLAND COUNTY DOMESTIC BUREAU RELATIONS OFFICE Cumberland County Courthouse Domestic Relations Section One Courthouse Square 13 N.Hanover Street Carlisle,PA 17013 PO Box 320 Carlisle,PA 17013 WELLS FARGO BANK,N.A. 3476 Stateview Boulevard MORTGAGE ELECTRONIC j Fort Mill,SC 29715 REGISTRATION SYSTEMS,INC.,AS NOMINEE FOR AMERICAN HOME WELLS FARGO BANK,N.A. MORTGAGE c/o PHELAN HALLINAN&SCHMIEG,LLP P.O. Box 2026 1617 JFK Boulevard,Suite 1400 Flint,MI 48501-2026 One Penn Center Plaza Philadelphia,PA 19103 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC.,AS SUSQUEHANNA VALLEY FCU NOMINEE FOR AMERICAN HOME 3850 Hartzdale Drive MORTGAGE Camp Hill,PA 17011 520 Broaqdhollow Road Melville,NY 11747 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC P.O.Box 2026 Flint,MI 48501-2026 Zucker,Goldberg&Ackerman,LLC XFP-165792 I65792DIO04CO3072013P1 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County,Pennsylvania,and to the Sheriff of Cumberland County,directed,there will be exposed to Public Sale in: the Cumberland County Courthouse, 1 Courthouse Square,Carlisle,PA 17013 On 6/512013 at 10:00am,the following described real estate which Doris L,Benson and Norman E. 1 Benson,her husband,are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of.- 323 Cascade Road, Mechanicsburg,PA 17055-5518 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT"A"). I I Zucker,Goldberg&Ackerman,LLC XFP-165792 165792DIO04CO3072013P2 i I The said Writ of Execution has been issued on ajudgment in the action of Wells Fargo Bank,N.A, Plaintiff vs. Doris L.Benson,et al Defendant(s) at EX.NO. 12-3315 in the amount of$172661.72 plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty(30)days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten(10)days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice,you should contact your attorney as soon as possible. ZUCKER,GOLDBERG&ACKERMAN,LLC Dated: By:-- AA Scott A.Dietterick,Esquire; P I.D.#55656 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; PA I.D.#202946 Jaime R.Ackerman,Esquire;PA I.D.4311032 200 Sheffield Street,Suite 301 Mountainside,NJ 07092 File No.:XFP-165792 (908)233-8500;(908)233-1390 FAX E-mail: Ofrice@zuckergoldberg.com Zucker,Goldberg&Ackerman,LLC X1 P-1 65792 165792D I 004CO3072013P3' Exhibit"A" LEGAL DESCRIPTION ALL THAT CERTAIN PIECE OR PARCEL OF LAND,SITUATE IN THE TOWNSHIP OF UPPER ALLEN,COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA,BOUNDED AND DESCRIBED AS FOLLOWS,TO WIT: BEGINNING AT A POINT ON THE EASTERN LINE OF CASCADE ROAD AT THE SOUTHERN LINE OF LOT NO. 40 AS SHOWN ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG THE SOUTHERN LINE OF LOT NO. 40,NORTH 82 DEGREES 37 MINUTES EAST, 138 FEET TO A POINT; THENCE SOUTH 7 DEGREES 23 MINUTES EAST, 80 FEET TO A POINT; THENCE SOUTH 82 DEGREES 37 MINUTES WEST, 138 FEET TO CASCADE ROAD; THENCE ALONG THE EASTERN LINE OF CASCADE ROAD,NORTH 7 DEGREES 23 MINUTES WEST, 80 FEET TO THE PLACE OF BEGINNING. BEING LOT NO. 41,PLAN OF SECTION C,MT.ALLEN HEIGHTS, SAID PLAN BEING RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA,IN PLAN BOOK 11,PAGE 58, HAVING thereon erected a dwelling house being known and numbered as 323 Cascade Road, Mechanicsburg,PA, 17055-5518. BEING the same premises which Marion J. Heisey,widower,by Deed dated September 29,2005 and recorded October 4,2005 in and for Cumberland County,Pennsylvania,in Deed Book Volume 271,Page 1353, granted and conveyed unto Doris L. Benson and Norman E. Benson, her husband,. Tax Map No.: 42-28-2423-010. Zucker,Goldberg&Ackerman,LLC XFP-165792 165792D]004CO3072013P4 Page 4 of 6 NOTICE TO LIENHOLDERS 10�� ' PINEY BOWES ti U11�I T��L?STATiES` o MAP 02 its $ 01.20 POSTAL SERVICE . 0004282036 APR 1 6 2013 � This Certificate of Maigns pnrddas wAdence that maO has been presented to USP50 for mailing,This fort r MAILED FROM ZIP CODE 0 7092 and international mall. From` Scott A.Dietterick,Esquire c/o Zucker,Goldberg&Ackerman,LLC 200 Sheffield Street,Suite 101 NJQ Mountainside, N1 07092 �15 1 XFP-165792/sde TEAM C To; UNKNOWN TENANT OR TENANTS Postme k"ere APR 1 2013 323 Cascade Road Mechanicsburg,PA 17055-5518 LISPS County of P.Q.:CUMBERLAND PS Form 3817,April 2007 PSN 7530-02-000-9065 i 20 9 P, +� P MTWEY 6oHYE3 UNITEDSTATES 02 1M $ 01.200 im 0004282086 APR 16 2013 POSTAL SERY I E8 MAILED FROM ZIP CODE 0 7092 This Certificata of Malting provides evidence that mail has been presented to LISPS•for mailing.This form may and international mall. From: Scott A. Dietterick, Esquire lvj c/o Zucker,Goldberg&Ackerman,LLC �CiS �' .• 200 Sheffield Street,Suite 101 Mountainside,NJ 07092 A 16 2013 XFP-165792/sde TEAM C ' COMMONWEALTH OF PENNSYLVANIA Postmark Here DEPARTMENT OF WELFARE P.O.Box 2675 USPS Harrisburg,PA 17105 County of F.Q.:CUMBERLAND PS Form 3817,April 2007 PSN 7530-02-000-9065 i Page 2 of 6 NOTICE TO LIENHOLDERS i ° e S. U �_TE� dC STIlL RVC > � 02 ;M $ 0 �a20� 0004282036 APR 16 201 3 This Certificate of Mailing provides evidence that mail has been presented to LISPS*for mailing.This form m and international nut. MAILED FROM ZIPGODE 0 7092 �tAm' Scott A. Dietterick,Esquire c/o Zucker,Goldberg&Ackerman,LLC 200 Sheffield Street,Suite 101 SSFtC�p NJO Mountainside, N1 07092 -0 XFP-165792/sdeTEAM C �� To' CUMBERLAND COUNTY TAX CLAIM BUREAU Postmark Her A, 16 2913 Cumberland County Courthouse One Courthouse Square Carlisle,PA 17013 LISPS County of P.Q.:CUMBERLAND PS Form 3817,April 2007 PSN 7530-02-000-9065 PON v z t Cer $ 01.200 WTu � TE �2 __ . . ..-. :.._ .. .. ..,.. ,. � 0004282036 APR 16 2013 A{�1AL 5ERVICE,t MAILED FROM ZIPCODE 0 7092 This Gertkicate of Mewing provides evidence that mail has been presented to USPS•for malling.This form may be use and internationai mafl. ` i Prom: Scott A. Dietterick, Esquire C-3 'D MJ0 c/o Zucker,Goldberg&Ackerman, LLC a 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 AM 1 6 2 ?3 XFP-165792/sde TEAM C To' WELLS FARGO BANK,N.A. Postmark He ✓ . 3476 Stateview Boulevard Fort Mill,SC 29715 uSPS County of P.Q.:CUMBERLAND PS Form 3817,April 2007 PSN 753002-000-9065 ' 4 Page 3 of 6 NOTICE TO LIENHOLDERS oosp% y Q 4�y /� rb�j �±+ 02 1M $ 01.,60© PM AL S ICEa 0004282036 APR 16 2013 MAILED FROM ZIPCODE 0 7092 TMs eordfiwte of Mailing provides evidence that map has been presented to LISPS*for maiarg.This form may and intemattanal map. Fram: Scott A. Dietterick,Esquire c/o Zucker,Goldberg&Ackerman,LLC 200 Sheffield Street,Suite 101 Mountainside,NJ 07092 �caK� Lb ✓� XFP-165792/sde TEAM C a`�O WELLS FARGO BANK,N.A. Fcntma Here c%PHELAN HALLINAN&SCHMIEG,LLP � �3 1617 JFK Boulevard, Suite 1400 f One Penn Center PIaza Philadelphia,PA 19103 LISPS a. t County of P.Q.:CUMBERLAND PS Form 3817,April 2007 PSN 7530-02-000-9065 PQN eat R . • .� ptyyJFY OAiA� t UNITED STATES $ 0�1,20° 02 1M POSTAL SERVICE. 0004282036 APR 16 2013 MAILED FROM ZIP CODE 0.70 9 2 } This eenlffcateofManlnaprovidesevidencethatmallhas been presented toUSP5•tormallig.This !l�(D �Jn` and fntemtlonal man. '�` �o Fro Scott A.Dietterick,Esquire m` c/o Zucker,Goldberg&Ackerman,LLC i. 200 Sheffield Street,Suite 101 AM 16 2013 Mountainside, NJ 07092 � } XFP-165792/sde TEAM C SUSQUEHANNA VALLEY FCU Postmarkftere [jgpS 3850 Hartzdale Drive Camp Hill, PA 17011 County of P.Q.:CUMBERLAND PS Form$817,April 2007 PSN 7530-02-000-9065 i t Page 4 of 6 NOTICE TO LIENHOLDERS PN PttHEV s 02 1M $ 01.200 f'QSTI�L SERVICE@ 0004282036 APR 16 2013 This Certificate of Mailing Provides evidence that mail has been presented to LISPS•form MAILED FROM ZIPCODE 0 7092 and International mall. From: Scott A. Dietterick, Esquire c/o Zucker, Goldberg&Ackerman,LLC 200 Sheffield Street,Suite 101 �F\ELD N✓0 Mountainside, NJ 07092 �k.C) XFP-165792/sde TEAM C TO: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC Postm Is Here A 1 213 P.O.Box 2026 Flint,MI 48501-2026 USPs County of P.Q.:CUMBERLAND PS Form 3817,April 2007 PSN 7530-02-000-9065 c0ses Pr7%� PITNEY BOWES 02 IM $ 02 UNITEDSTATES 0004282036 A R 116 2003 POSTAL SERVICES MAILED FROM ZIPCOQE 07092 This Certificate of Mailing provides evidence that mall has been presented to usPS•for malling.This form maybe used for domestic and International mall. Fr°m' Scott A. Dietterick, Esquire c/o Zucker,Goldberg&Ackerman, LLC �g(F\4t-O NJO)oo 200 Sheffield Street,Suite 101 f � a Mountainside, NJ 07092 XFP-165792/sde TEAM C APR MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC., Postmark Here AS NOMINEE FOR AMERICAN HOME MORTGAGE 520 Broaqdhollow Road USPS Melville,NY 11747 County of P.Q.:CUMBERLAND PS Form$817,April 2007 PSN 7530-02-000-9065 Page 5 of 6 NOTICE TO L.IENHOLDERS ti �ir s pmvt t tow" 1: 1.�/i�y1►11 /E ?. p�7# 1. 4o I: I PV�T12L S-EJ? - 0 2 iM APR i 6 2013 - 0004282036 This Certificate of Me Ong provides evidence that nag has been presented to UPP formaiGng.Th - All�O FROM ZIP CODE 0 7092 f and International mall. From: Scott A. Dietterick,Esquire c/o Zucker,Goldberg&Ackerman,LLC 200 Sheffield Street,Suite 101 5��,\r_-ila tVjo Mountainside,N1 07092 XFP-165792/sde TEAM C / MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC., Postm k Here !R 1 �` 2013 AS NOMINEE FOR AMERICAN HOME MORTGAGE P.O.Box 2026 . Flint,MI 48501-2026 LISPS County of P.Q.:CUMBERLAND a PS Form 3817,April 2007 PSN 7530-02-000.9065 I to C1!N1TFP STATES =5 �►grNeY w•syr� POSTAL SERVICES a 0004282036 A R 16 200 S This Certificate of Malling provides evidence that mall has been presented to U5P5e for malOre,This MAILED FROM ZIP CODE 0 70 92 and international mail. i From: Scott A. Dietterick,Esquire c/o Zucker,Goldberg&Ackerman, LLC 200 Sheffield Street,Suite 101 �" 1 Mountainside, N1 07092 XFP-165792/sde TEAM C1 CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE P mark Ht Domestic Relations Section 13 N.Hanover Street ._ .•� PO Box 320SPg Carlisle,PA 17013 County of P.C;.;CUMBERLAND PS Form 3817,April 2007 PSN 7530-02-000-9065 t Page 6 of 6 NOTICE TO LIENHOLDERS CINITFDMT,E I �N PRNEY 80'YyES POSTAL SERVIM 02 1M $ 01-20(l { This Certificate ofMaHing provides evklence that mail hes been presented to USPS*for coaling.Ttds fo 0004282036 APR 16 2013 1 MAILED FR E 0 7092 andUtematlanalmail. ' From' Scott A. Dietterick, Esquire s��g��, N�/0 - c/o Zucker,Goldberg&Ackerman,LLC o 200 Sheffield Street,Suite 101 APR 1 6 2013 Mountainside, N1 07092 XFP-165792isde TEAM C To' PA DEPT.OF REVENUE-INHERITANCE TAX DIVISION Postmark Dept.280601 USPS Harrisburg,PA 17128-0501 i 4 County of P.Q.:CUMBERLAND �. PS Form 3817,April 2007 PSN 7530-02-000.9065 9 n0postp ` .safe i ` ` HTWEYY BOWES UNITED STATES 02 tnn 0 .200 {{ fr 0004282036 APR16 2013 POSTAL SERV ICEe a iuiAliED FROM ZIPCODE 07092 . This cattkate of Malling provMes evidence that coal hu been presented to USPS*for mains.TMs ft and international mall Ftem: Scott A. Dietterick, Esquire ' c/o Zucker,Goldberg&Ackerman,LLC F�* t Q N��`'o 200 Sheffield Street,Suite 101 Mountainside, N! 07092 16 21 XFP-165792/sde TEAM C TO: UNKNOWN SPOUSE Po mark re 323 Cascade Road Mechanicsburg,PA 17055-5518 USPS County of P.Q.:CUMBERLAND PS Form 3817,April 2047 PSN 7530-02-000-9065 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F-ILED-0FRi-r- Sheriff CIF IA PROTHONO 1ARY Jody S Smith 2013 SEP -6 PH 2: 35 Chief Deputy !� �un`� Richard W Stewart !,wkl��i z CUMBERLAND COUNTY Solicitor ONrICE OF THE SHERIFF PENNSYLVANIA Wells Fargo Bank, NA vs. Case Number Doris L. Benson (et al.) 2012-3315 SHERIFF'S RETURN OF SERVICE 04/01/2013 03:47 PM-Deputy Shawn Gutshall, 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 323 Cascade Road, Upper Allen Township, Mechanicsburg, PA 17055, Cumberland County. 04/01/2013 04:32 PM-Deputy Shawn Gutshall, 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 Greg Hazlett-Def Attorney, who accepted as"Adult Person in Charge"for Norman E. Benson at c/o The Law Office of Gregory Haxlett, Esq., 7 West Main Street, Mechanicsburg, PA 17055, Cumberland County. 04/01/2013 04:32 PM-Deputy Shawn Gutshall, 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 Greg Hazlett-Def Attorney, who accepted as"Adult Person in Charge"for Norman E. Benson at c/o The Law Office of Gregory Haxlett, Esq., 7 West Main Street, Mechanicsburg, PA 17055, Cumberland County. 04/01/2013 04:32 PM-Deputy Shawn Gutshall, 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 Greg Hazlett-Def Attorney, who accepted as"Adult Person in Charge"for Doris L. Benson at c/o The Law Office of Gregory Hazlett Esq, 7 West Main Street, Mechanicsburg, PA 17055, Cumberland County. 04/01/2013 04:32 PM - Deputy Shawn Gutshall, 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 Greg Hazlett-Def Attorney, who accepted as"Adult Person in Charge"for Doris L. Benson at c/o The Law Office of Gregory Hazlett Esq, 7 West Main Street, Mechanicsburg, PA 17055, Cumberland County. 06/05/2013 As directed by Scott Dietterick, Attorney for the Plaintiff, Sheriffs Sale Continued to 7/10/2013 07/10/2013 Ronny R.Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, PA on July 10, 2013 at 10:00 a.m. He sold the same for the sum of$105,500.00 to Max J. Myers, 5015 Ravenwood Road, Mechanicsburg, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $3,581.81 SO ANSWERS, August 13, 2013 RbNW FANDERSON, SHERIFF as, pa( -C6- (c)Counly$uite Sheriff,Teleosoft,Inc. qo ;2 /-> F t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A., CIVIL DIVISION Plaintiff, NO.: 12-3315 VS. Execution No.: Doris L. Benson; Norman E. Benson; Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank, N.A., Plaintiff in the above action,sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 323 Cascade Road, Mechanicsburg, PA 17055-5518. 1. Name and Address of Owner(s) or Reputed Owner(s): DORIS L. BENSON AND NORMAN E. BENSON, HER HUSBAND, 323 Cascade Road Mechanicsburg, PA 17055-5518 AND c/o The Law Office of Gregory S. Hazlett, Esq. 7 West Main Street Mechanicsburg, PA 17055 2. Name and Address of Defendant(s) in the Judgment: DORIS L. BENSON 323 Cascade Road Mechanicsburg, PA 17055-5518 AND c/o The Law Office of Gregory S. Hazlett, Esq. 7 West Main Street Mechanicsburg, PA 17055 NORMAN E. BENSON 323 Cascade Road Mechanicsburg, PA 17055-5518 AND c/o The Law Office of Gregory S. Hazlett, Esq. 7 West Main Street Mechanicsburg, PA 17055 /.ucikcr.(k11kj1)rrg dr.Ackerman, I.1_(' XIT-16579' n_ 1 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: WELLS FARGO BANK, N.A. Plaintiff WELLS FARGO BANK, N.A. 3476 Stateview Boulevard Fort Mill,SC 29715 AND c/o Phelan Hallinan&Schmieg, LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 4. Name and Address of the last record holder of every mortgage of record: WELLS FARGO BANK, N.A. Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.,AS NOMINEE FOR AMERICAN HOME MORTGAGE P.O. Box 2026 Flint, MI 48501-2026 AND 520 Broaqdhollow Road Melville, NY 11747 SUSQUEHANNA VALLEY FCU 3850 Hartzdale Drive Camp Hill, PA 17011 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 /.uclk r.6,01( 1 rat& Ackerman. X1:11-1 65791 a a . 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 323 Cascade Road Mechanicsburg, PA 17055-5518 UNKNOWN SPOUSE 323 Cascade Road Mechanicsburg, PA 17055-5518 PA DEPT.OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ZUCKER GOLDBERG &A R , LLC Dated: BY: Scott A. Di rick, Esquire; PA I.D.#55650 Kimberly A. Bonner, Esquire; PA.I.D.#89705 Joel A.Ackerman, Esquire; PA I.D.#202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D.#202946 Jaime R.Ackerman, Esquire; PA I.D.#311032 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 File No.:XFP-165792 (908) 233-8500; (908) 233-1390 FAX E-mail: Office @zuckergoldberg.com Clotdhcrr cat Ackerman, H X,: XFP-164792 Exhibit"A" LEGAL DESCRIPTION ALL THAT CERTAIN PIECE OR PARCEL OF LAND, SITUATE IN THE TOWNSHIP OF UPPER ALLEN,COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE EASTERN LINE OF CASCADE ROAD AT THE SOUTHERN LINE OF LOT NO. 40 AS SHOWN ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG THE SOUTHERN LINE OF LOT NO. 40,NORTH 82 DEGREES 37 MINUTES EAST, 138 FEET TO A POINT; THENCE SOUTH 7 DEGREES 23 MINUTES EAST, 80 FEET TO A POINT; THENCE SOUTH 82 DEGREES 37 MINUTES WEST, 138 FEET TO CASCADE ROAD; THENCE ALONG THE EASTERN LINE OF CASCADE ROAD,NORTH 7 DEGREES 23 MINUTES WEST, 80 FEET TO THE PLACE OF BEGINNING. BEING LOT NO. 41, PLAN OF SECTION C, MT. ALLEN HEIGHTS, SAID PLAN BEING RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN PLAN BOOK 11, PAGE 58. HAVING thereon erected a dwelling house being known and numbered as 323 Cascade Road, Mechanicsburg, PA, 17055-5518. BEING the same premises which Marion J. Heisey,widower, by Deed dated September 29, 2005 and recorded October 4, 2005 in and for Cumberland County, Pennsylvania, in Deed Book Volume 271, Page 1353,granted and conveyed unto Doris L. Benson and Norman E. Benson, her husband,. Tax Map No.:42-28-2423-010. Zucker,Goldberg&Ackerman,LLC XFP-165792 R IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A. CIVIL DIVISION Plaintiff, vs. NO.: 12-3315 Doris L. Benson; Norman E. Benson; Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Doris L. Benson 323 Cascade Road Mechanicsburg, PA 17055-5518 AND c/o The Law Office of Gregory S. Hazlett, Esq. 7 West Main Street Mechanicsburg, PA 17055 TAKE NOTICE: That the Sheriff's Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 6/5/2013 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT"A"). The LOCATION of your property to be sold is: 323 Cascade Road, Mechanicsburg, PA, 17055-5518 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 12-3315 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S)OF THIS PROPERTY ARE: Doris L. Benson and Norman E. Benson, her husband Zucker,Goldberg&Ackerman, LLC XFP-165792 lo 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. Zucker, Goldberg&Ackerman, LLC XFP-165792 Y 2. After the Sheriff's Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387, before presentation of the petition to the Court. ZUCKER GOLDBERG CKERMAN C Dated: /�3 BY: Scott A. Diet rick, Esquire; PA I.D.#55650 Kimberly A. Bonner, Esquire; PA.I.D.#89705 Joel A.Ackerman, Esquire; PA I.D.#202729 Ashleigh L. Marin, Esquire; PA I.D.#306799 Ralph M.Salvia, Esquire; PA I.D.#202946 Jaime R.Ackerman, Esquire; PA I.D. #311032 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 File No.: XFP-165792 (908)233-8500; (908) 233-1390 FAX E-mail: Office @zuckergoldberg.com VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. Zucker,Goldberg&Ackerman, LLC XFP-165792 Exhibit"A" LEGAL DESCRIPTION ALL THAT CERTAIN PIECE OR PARCEL OF LAND, SITUATE IN THE TOWNSHIP OF UPPER ALLEN, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE EASTERN LINE OF CASCADE ROAD AT THE SOUTHERN LINE OF LOT NO. 40 AS SHOWN ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG THE SOUTHERN LINE OF LOT NO. 40,NORTH 82 DEGREES 37 MINUTES EAST, 138 FEET TO A POINT; THENCE SOUTH 7 DEGREES 23 MINUTES EAST, 80 FEET TO A POINT; THENCE SOUTH 82 DEGREES 37 MINUTES WEST, 138 FEET TO CASCADE ROAD; THENCE ALONG THE EASTERN LINE OF CASCADE ROAD,NORTH 7 DEGREES 23 MINUTES WEST, 80 FEET TO THE PLACE OF BEGINNING. BEING LOT NO. 41, PLAN OF SECTION C, MT.ALLEN HEIGHTS, SAID PLAN BEING RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN PLAN BOOK 11, PAGE 58. HAVING thereon erected a dwelling house being known and numbered as 323 Cascade Road, Mechanicsburg, PA, 17055-5518. BEING the same premises which Marion J. Heisey, widower, by Deed dated September 29, 2005 and recorded October 4,2005 in and for Cumberland County, Pennsylvania, in Deed Book Volume 271, Page 1353,granted and conveyed unto Doris L. Benson and Norman E. Benson, her husband,. Tax Map No.:42-28-2423-010. Zucker,Goldberg&Ackerman,LLC XFP-165792 WRIT OF EXECUTION and/or ATTACHMENT 'COMMONWEALTH OF PENNSYLVANIA) NO. 12-3315 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK,NA, Plaintiff(s) From DORIS L.BENSON; NORMAN E.BENSON (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: $172,661.72 L.L.:$.50 Interest from 7/25/2012 to Date of Sale -- $8,962.99 Atty's Comm: Due Prothy: $2.25 Atty Paid: $203.20 Other Costs: Plaintiff Paid: Date: 2/7/2013 David D.Buell, Prothonota (Seal) Deputy REQUESTING PARTY: Name: JAIME R. ACKERMAN,ESQUIRE Address: ZUCKER,GOLDBERG& ACKERMAN,LLC 200 SHEFFIELD STREET,SUITE 101 MOUNTAINSIDE,NJ 07092 Attorney for: PLAINTIFF Telephone: 908-233-8500 TRUE COPY FROM RECORD Supreme Court ID No.311032 lrt Testimony whereof,f here unto set my hand and the seal of said.Cot�:Lat Carlisle,Pa. oi�'20� This day Prothonotary On March 12, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA, Known and numbered as, 323 Cascade Road, Mechanicsburg, Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 12, 2013 By: Real Estate Coordinator O� 0 d 8- O?i [IN ka`c PL e -N CUMBERLAND LAW JOURNAL Writ No. 2012-3315 Civil WELLS FARGO BANK,NA vs. DORIS L.BENSON, Norman E.Benson Atty.:Jaime R.Ackerman ALL THAT CERTAIN piece or par- cel of land,situate in the Township of Upper Allen, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the eastern line of Cascade Road at the southern line of Lot No.40 as shown on the hereinafter mentioned Plan of Lots; Thence along the southern line of Lot No. 40, North 82 degrees 37 minutes East, 138 feet to a point; thence South 7 degrees 23 minutes East,80 feet to a point; Thence South 82 degrees 37 min- utes West, 138 feet to Cascade Road; Thence along the eastern line of Cascade Road, North 7 degrees 23 minutes West,80 feet to the place of BEGINNING. BEING Lot No.41,Plan of Section C,Mt.Allen Heights,said plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania,in Plan Book 11,Page 58. HAVING thereon erected a dwell- ing house being known and num- bered as 323 Cascade Road,Mechan- icsburg,PA, 17055-5518. BEING the same premises which Marion J. Heisey,widower,by Deed dated September 29, 2005 and re- corded October 4, 2005 in and for Cumberland County, Pennsylvania, in Deed Book Volume 271, Page 1353, granted and conveyed unto Doris L. Benson and Norman E. Benson,her husband. Tax Map No.: 42-28-2423-010. 21 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne,Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid,being duly sworn, according to law, deposes and says that the Cumberland Law Journal,a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 12, April 19 and April 26, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time,place and character of publication are true. Li a Marie Coyne ditor SWORN TO AND SUBSCRIBED before me this nV n 6 d f April, 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-News Co' ~ � �020 ��������� ��� t4e �' `- —''»��uite 300 ~ p Mechanicsburg, PA 17050 Now you know Inquiries ~ 717_255~8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County ofDauphin} ss Marianne Miller, being duly smomm according tm law, deposes and says: That she |s a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at2O2O Technology Pkwy, Suite 3OO. |nthe 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 ofpublication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co, aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M",Volume 14, Page 317. PUBLICATION COPY This ad man mn the date(m)shown bmUmnm: - --�- --- ' 04/16/13 2012-3315 CM IN / � * , kw ORIS L.BENSON w 04/30/13 i �4/��/�,��o�.��n�'n � »t�: Jo/n,oR Acuwnnwn » /y�� p - ~�� v ��. !^{- ALL THAT {ERI&O» .r ' ' ' ` ' ' ' ' ' ' ' ' ' `., ' ' . ' ' ' . ' ' ' ' ARCFL OF LAND, SITUATE IN'0: H— '-TOWNSHIP ALLEN, Sworn to and subscribed before this 13 day of May, 3013A^D AND COMMONWEALTH OF CASCADE ROAD ATTHE SOUTHERN LINE OF LOTNO. MENTIONED PLAN OF LOTIS; COMMONWEALTH OF PENNSYLVANIA THENCE ALONG THE SOUTHERN Notarial Seal LINE OF LOT No, 40, NORTH 82 Holly Lynn Warfel,Notary Public DEGREES 37 MINUTES EAST 138 1 was�ington Twp.,Dauphin County FEET TO A POINT,THENCE SOUTH 7 my commission Expires Dec.12,2016 DEGREES 23 MINUTES DO I T T FEET NOTARIES MEMBER,PENNSYLVANIA ASSOCIATION OF COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: 1, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Max and Nina Myers is the grantee the same having been sold to said grantee on the 10th day of July A.D., 2013, under and by virtue of a writ Execution issued on the 7th day of February,A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 3315, at the suit of Wells Fargo Bank,N.A. against Doris L. Benson and Norman E. Benson is duly recorded as Instrument Number 201329750. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this Cp day of Recorder of Deeds IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA XXells Fargo Bank, NA CIVIL DIVISION Plaintiff, NO.: 12-3315 Doris L. Benson; Norman E. Benson; ,^ Defendants. P� _w PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please mark the judgment filed at the above-captioned term and number satisfied without prejudice. Respectfully submitted: ZUCKER,GOLDBERG &ACKERMAN, LLC By: () fi Way �nz Dated: November 22, 2013 Scott A. _tftterick, squire; PA I.D.#55650 Kimberly A. Bonner, Esquire; PA I.D.#89705 Joel A.Ackerman, Esquire; PA I.D.#202729 Ashleigh L. Marin, Esquire; PA I.D.#306799 Ralph M. Salvia, Esquire; PA I.D.#202946 Jaime R.Ackerman, Esquire; PA I.D.#311032 Attorneys for Plaintiff XFP-165792/dcr 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office @zuckergoldberg.com Zucker,Goldbe g ermank�5�I,LLC XFP-165792 LEONARD B.ZUCKER ZUCKER, GOLDBERG & ACKERMAN, LLC FOUNDED IN 1923 MICHAEL S.ACKERMAN ATTORNEYS AT LAW AS ZUCKER&GOLDBERG JOEL ACKERMAN* MAURICE J.ZUCKER(1918-1979) FRANCES GAMBARDELLA 200 SHEFFIELD STREET-SUITE 101 LOUIS D.GOLDBERG(1923-1967) BRIAN C.NICHOLAS 0 P.O.BOX 1024 LEONARD H.GOLDBERG(1929-1979) SCOTT A.DIETTERICKY MOUNTAINSIDE,NJ 07092-0024 BENJAMIN WEISS(1949-1981) KIMBERLY A.BONNER Y STEVEN D.KROL CHRISTOPHER G.FORD TELEPHONE:908-233-8500 DENISE CARLON A FACSIMILE:908-233-1390 CHRISTINE E.POTTER Pennsylvania Office: RYAN S.MALC E-MAIL:office @zuckergoldberg.com P.O.Box 650 STEPHANIE WOLCHOK Hershey,PA 17033 ASHLEIGH LEVY MARIN f DOUGLAS J.McDONOUGH For payoff/reinstatement figures TIMOTHYJ.ZIEGLER Please send your request to:zuckergoldberg.com/pr RALPH M.SALVIA Y * ALSO MEMBER OF NY,PA AND CA BAR PA AND ME BAR ROBERT D. MEMBER OF JAIME R.AC EIRMAN♦ ALSO REPLY TO NEW JERSEY ADDRESS 0 ALSO MEMBER OFNYANDMEBAR RACHEL G.PACKER# A ALSO MEMBER OF NYBAR KACIEW.BROWN f ALSO MEMBER OF PA BAR MONIKA S.PUNDALIK # ALSO MEMBER OFNYANDDCBAR TODD MARKS A Y MEMBER OF PA BAR ONLY TIMOTHY D.KUHLS A XFP-165792 November 22, 2013 Cumberland County Prothonotary Cumberland County Courthouse Carlisle, PA 17013-3387 Re: Wells Fargo Bank, N.A. vs. Doris L. Benson and Norman E. Benson, her husband, Property Address: 323 Cascade Road Mechanicsburg, PA 17055-5518 Docket No.: 12-3315 Dear Sir/Madam: Enclosed for filing please find an original and one copy of a Praecipe to Satisfy Judgment. Please file the original immediately upon receipt and return the extra copy of the face page, time-stamped, in the self- addressed stamped envelope provided. If you should have any questions, please do not hesitate to contact D'Andrea Craddock of our office at 908-233-8500 Ext. 166. Very Truly Yours, ZUCK , GOLDBERG &ACKERMAN, LLC BY: Scott Y.MeWerk k, squire- PA .D.#55650 Kimberly A. Bonner, Esquire- PA I.D.#89705 Joel A.Ackerman, Esquire- PA I.D.#202729 Ashleigh Levy Marin, Esquire- PA I.D. #306799 Ralph M. Salvia, Esquire- PA I.D. #202946 Jaime R.Ackerman, Esquire- PA I.D.#311032 Attorneys for Plaintiff 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 E-mail: Office @zuckergoldberg.com (908) 233-8500; (908) 233-1390 FAX Zucker,Goldberg&Ackerman,LLC XFP-165792