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HomeMy WebLinkAbout13-2214 Supreme Court of Pennsylvania Court:of Common Pleas Cvil�Cove� � �h`eet . For Prothonotary Use Only: � C10 I�IBEA ' County Docket No: J The b ?formation collected on this form is used solely for court administration purposes. This forin does not supplement or replace the filing and service ofpleadings or other papers as req uired by law or rules of court. S Commencement of Action: Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: WELLS FARGO BANK, N.A. Lead Defendant's Name: KIMBERLY L. SEILER T I Are money damages requested? ❑ Yes ❑x No Dollar Amount Requested: ❑ within arbitration limits 0 (Check one) 0 outside arbitration limits N Is this a Class Action Suit? ❑ Yes ❑x No Is this an MDJ Appeal? ❑ Yes 0 No A Name of Plaintiff /Appellant's Attorney: Jonathan Lobb, Esa., Id. No.312174, Phelan Hallinan, LLP ❑ Check here if you have no attorney (are a Self - Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not S include mass tort) ❑ Employment Dispute: ❑ Slander /Libel/ Defamation Discrimination E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T I MASS TORT ❑ Other: 0 ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES • Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS • Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration B ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Pa.R.C.P. 205.5 Updated 01/01/2011 OFFICE QN(7 t AR y M3 APR 23 AP, to 18 CUMBERLAND COUN PENNS YLYANIA PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza . Philadelphia, PA 19103 215 -563 -7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD CIVIL DIVISION FORT MILL, SC 29715 Plaintiff, NO.: vs. KIMBERLY L. SEILER KENNETH W. SEILER 630 NORTH HANOVER STREET CARLISLE, PA 17013 -1933 Defendants. CIVIL ACTION — COMPLAINT IN MORTGAGE FORECLOSURE And now comes WELLS FARGO BANK, N.A., by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). 062 -PA -V3 2. The Defendants, KIMBERLY L. SEILER and KENNETH W. SEILER, are individuals whose last known address are 630 NORTH HANOVER STREET, CARLISLE, PA 17013 -1933. 3. WELLS FARGO BANK, N.A., directly or through an agent, has possession of the Promissory Note. WELLS FARGO BANK, N.A. is either the original payee of the Promissory Note or the Promissory Note has been duly indorsed. A true and correct copy of said Promissory Note is marked Exhibit "A ", attached hereto and made a part hereof. 4. On or about August 12, 2003, KIMBERLY L. SEILER and KENNETH W. SEILER made, executed and delivered to AMERICAN HOME BANK, N.A. a Mortgage in the original principal amount of $75,300.00 on the premises described in the legal description marked Exhibit "B ", attached hereto and made a part hereof. Said Mortgage being recorded in the Office of the Recorder of CUMBERLAND County in Book 1830, Page 2058. The Mortgage is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 5. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded May 2, 2007, the mortgage was assigned to WELLS FARGO BANK, N.A. which Assignment is recorded in the Office of the Recorder of CUMBERLAND County in Book 736, Page 2808. The Assignment is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 6. KIMBERLY L. SEILER and KENNETH W. SEILER are record and real owners of the aforesaid mortgaged premises. 7. Defendants are in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the monthly installments of principal and interest due December 1, 2012. 062 -PA -V3 8. As of 04/04/2013, the amount due and owing Plaintiff on the mortgage is as follows: Principal Balance $62,451.85 Interest $ 1,558.91 11/01/2012 through 04/04/2013 Late Charges $ 111.35 Property Inspections $ 240.00 Escrow Balance $ (676.79) TOTAL $63,685.32 plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania Law, actually and reasonably incurred by Plaintiff, including but not limited to, 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 authorized under the Mortgage and Pennsylvania Law to the above amount due and owing when incurred 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and /or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s). 10. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability in a bankruptcy proceeding, this action is in no way an attempt to re- establish such liability. 062 -PA -V3 WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $63,685.32, with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. By: Date: q ZZ Jon an Lobb, Esq., Id. No.312174 Attorney for Plaintiff 062 -PA -V3 Exhibit "A" NOTE (Date] AUGUST 12, 2003 [City] CARLISLE (Statel PA (Property Address] 630 NORTH HANOVER STREET , CARLISLE, PA 17013 1. BORROWER'S PRONOSE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 75,300.00 (this amount is called "Principal "), i plus interest, to the order of the Lender. The Lender is AMERICAN HOME BANK, N.A. I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments corder this Note is called the 'Note Holder.' 2. MEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. 1 will pay interest at a yearly rate of 5.875 %. 9 The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) I of this Note. I i 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will snake my monthly payment on the 1st day of each month beginning on OCTOBER 01, 2003 1 will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on SEPTEMBER 01, 2033 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at 805 ESTELLE DRIVE, SUITE 101 PO BOX 4454 LANCASTER, PA 17604 -4454 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 445.43 4. BORROWER'S RIGHT TO PREPAY 1 have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that 1 am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. i MULTISTATE FIXED RATE NOTE - Single Family - Fannie Mas /Freddie Mao UNIFORM INSTRUMENT -6N t000sr o1 Form 3200 1101 VMP MORTGAGE FORMS - 18001521.7281 x 4 3 mo ld ■: I S. LOAN CHARGES ' If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15(fifteen) calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of i my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, l will be in default. (C) Notice of Default ' If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all i the interest that 1 owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. i (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described i above, the Note Holder will still have the right to do so if I am in default at a later time. j (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me tinder this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if 1 give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first i class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights i under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. 'Presentment' means the right to require the Note Holder to demand payment of amounts due. 'Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. i Form 3200110 N M06).01 Paps 2 at 3 wtws• U 10. UMFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage. Deed of Trust, or Security Deed (the 'Security Instrument "), dated the same date as this Note. protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If L,ettder exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period. Lender may invoke any remedies permitted by this Security I Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (seal) m - ' ' L (Seal) ' H W SE L - Borrower S R - Borrower i i (Seal) (Seal) -Borrower - Borrower I (Seal) (Sol) j -Borrower - Borrower �®aisa l91< (Seal , -Borrower I WHOM [Sign Original Only] i I JOHN Id, ® - 5 N IOOOSI.Or Po p � of 3 t Correction Agreement Limited Power of Attorney On AUGUST 12th 2003 , the undersigned borrower( for and in consideration of the approval, closing and funding of their mortgage loan (# 0000040675), hereby grant DUNCAN, MRTMAN & DOUGLAS as settlement agent and/or American Home Bank, N.A It's Successors and Assigns as Their Interest May Appear as lender limited power of attorney to correct and/or execute or initial all typographical or clerical errors discovered in any or all of the closing documentation required to be executed by the undersigned at the settlement. In the event this limited power of attorney is exercised, the undersigned will be notified and receive a copy of the document executed or initialed on their behalf. THIS LIMITED POWER OF ATTORNEY MAY NOT BE USED TO INCREASE THE INTEREST RATE THE UNDERSIGNED IS PAYING, INCREASE THE TERM OF THE UNDERSIGNED'S LOAN, INCREASE THE UNDERSIGNED'S OUTSTANDING PRINCIPAL BALANCE OR INCREASE THE UNDERSIGNED'S MONTHLY PRINCIPAL AND INTEREST PAYMENTS. Any of these specified changes must be executed directly by the undersigned. This limited power of attorney shall automatically terminate 120 days from the closing date of the undersigned's mortgage loan. IN WITNESS WHEREOF, the undersigned have executed this Limited Power of Attorney as of the date and year first above referenced. yped Name: KENNETH W SEILER T P� N KIMBERLY L SEILER Typed Name: Typed Name: State of PA ) County of CUMBERLAND ) This instrument was acknowledged before me on 03 by NOTARIAL SEAL Kathy L MummeM Notary public Borough of Carlisle, Cumberland Co., PA► is My Commission Expires Aug. 11, 2007 My commiss expires: AHa(pd) AHP8 0w) 09/2001 Exhibit "B" LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Borough of Carlisle, County of Cumberland, State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a post, corner of lot now or formerly of Mrs. Mitten; thence along North Hanover Street in a Northeasterly direction, forty (40) feet to a post, corner of lot now or formerly of Margaret Fohl; thence by line of the latter in a Northwesterly direction, one hundred fifty -eight (158) feet to a post at line of a twenty (20) foot alley; thence by said alley in a Southwesterly direction, thirty -nine (39) feet five (5) inches to a post; thence in a Southeasterly direction along the line of lot now or formerly of Mrs. Mitten, one hundred fifty -eight (158) feet to a post, the place of BEGINNING. CONTAINING forty (40) feet on North Hanover Street, and extending back to said alley one hundred fifty -eight (158) feet with a frontage on said alley in the rear of thirty -nine (39) feet, five (5) inches. Having thereon erected a dwelling house known as and numbered 630 North Hanover Street. PROPERTY ADDRESS: 630 NORTH HANOVER STREET, CARLISLE, PA 17013 -1933 PARCEL # 06 -20- 1800 -034 File #: 319562 A VERIFICATION Jasmin McLean, hereby states that he/ e s Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff in matter, that he/,b�e�s authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/ er . nformation 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. 1 q_w 6 Z_ Name: min McLean Title: Vice President Loan Documentation Company: Wells Fargo Bank, N.A. Date: 04/08/2013 086 -PA -V2 File # 319562 FORM 1 IN THE COURT OF COMMON PLEAS WELLS FARGO BANK, N.A. OF CUMBERLAND COUNTY, PENNSMLV W IA. Plaintiff(s) MW vs. =3J = KIMBERLY L. SEILER r . - -i KENNETH W. SEILER , p Defendant(s) Civil 2.p X : w D,C � pry NOTICE OF RESIDENTIAL MORTGAGE FORECLO$URE';;) 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) 2439400 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 thelegal 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 wil prepare and a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a Ion 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 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 arguments 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. THIS PROGRAM IS FREE. Respectfully submitted: yZ Date J nathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: CUSTOM ER/PRIMARV APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? CO-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 Id Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. not covered Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Mone Da /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION I /We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /We understand that I /we am /are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) ' 6. Listing agreement (if property is currently on the market) NOTICE You have been sued in Court. If you wish to defend against the claims 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 DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249 -3166 (800) 990 -9108 File #: 319562 , SHERIFF'S OFFICE OF CUMBERLAND COUNTY RommyR Amdemxmm Sheriff fit ellifib"t" OF Ti H'E PROTHONITYAF �r Jody GSmith -,�' � �� � �7 YD`�M�� �� ` �. �) � . Chief Deputy ^"�«``"` °° �OU�Ty R�hmrdVVStevvmrk ~'�^��=m� �U � ..~.`' Solicitor O�x�mrrws�s .pp `~' -- ��\y[V&��\�� ` =~'� . _.� Wells N.A.� ' Case Number - | 2013'2214 K]mbedyL Seiler�dai) | SHERIFF'S RETURN OF SERVICE 05/23/2013 Ronny RAnderson, Sheriff, being duly sworn according 1olaw,states hemadedi| inquiry for the within named Defendant to wit: Kimberly L Seiler, but was unable to locate the Defendant inhis bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 630 North Hanover Street, Carlisle Borough, Carlisle, PA 17013-1933. Deputies were advised by a neighbor that the defendant has not resided md this address in3-4years. 05/29/2013 Ronny R Anderson, Sheriff, being duly sworn according to|mw, states he mode diligent search and inquiry for the within named Defendant hmwit: Kenneth.VV Seiler, but was unable ho locate the Defendant inhis bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 630 North Hanover Street, Carlisle Borough, Carlisle, PA 17013-1933. Deputies were advised by a neighbor that the defendant has been moving items out of the residence at night and resides some where else. SHERIFF COST: $81.58 SO ANSWERS, | May 29. 2O13 RONNYR ANDERSON, SHERIFF | (C)uoun*Sulws��releosoft,Inc, tit PHELAN HALLINAN,LLP 1° 0 A1110. John Michael Kolesnik,Esq.,Id.No.308877 1617 JFK Boulevard,Suite 1400 ".Ut°BERL A ND One Penn Center Plaza J 't COUNTY � Philadelphia,PA 19103 �S YLVANIA 215-563-7000 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. CUMBERLAND COUNTY KIMBERLY L. SEILER No. 13-2214-CIVIL KENNETH W. SEILER Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHEL AN,LLP By: Joh ichael Kolesnik,Esq., Id. No.308877 �.O`ney for Plaintiff Date: mig, Svc Dept. File#319562 om� 7�pd i" LL/2 03 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Sheriff 1 11,14,1 a Jody S Smith Chief Deputy : Richard W Stewart : i ''LA?'L C'IYI N i Solicitor , "Lt r SY ,A Wells Fargo Bank, N.A. Case Number vs. 2013-2214 Kimberly L Seiler(et al.) SHERIFF'S RETURN OF SERVICE 08/26/2013 03:56 PM-Sergeant Jason Vioral served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by"personally"handing a true copy to a person representing themselves to be the Defendant,to wit: Kimberly L Seiler at the Cumberland County Sheriffs Office, One Courthouse Square, Carlisle, PA 17013. z---Z2)(7 J• =•NVIO^ •L, DEPUTY 09/20/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, sta es he -de diligent search and inquiry for the within named Defendant to wit: Kenneth W Seiler, but was -• - to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 5 Ridge Avenue, North Middleton, Carlisle, PA 17013. Pre ex mother-in-law, defendant lives somewhere in Carlisle, however, they could not provide an address. Put in for a post office check-no information was received back from USPS prior to paper expiring. SHERIFF COST: $55.78 SO ANSWERS, l//� September 20,2013 RONNY R ANDERSON, SHERIFF (c)CountySUite Sheriff,Teleosoft,Inc. PHELAN HALLINAN,LLP Adam H.Davis,Esq.,Id.No.203034 1a1 ��� ���Q Gouj y 1617 JFK Boulevard,Suite 1400 PENNSYLyP1A'P One Penn Center Plaza Philadelphia,PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. CUMBERLAND COUNTY KIMBERLY L. SEILER No. 13-2214-CIVIL KENNETH W. SEILER : Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN, LLP Adam H. Davis,Esq., Id. No.203034 Attorney for Plaintiff Date: /knm, Svc Dept. File#813320 C7 THE PRC f,vj!O(i TARY zrr�w,� S t!: 33 CUMBERL AND P NNS YLVANJA COUNTr PHELAN HALLINAN, LLP D. Troy Sellars, Esq., Id. No. 210302 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 1360 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff v. KIMBERLY L. SEILER KENNETH W. SEILER 630 NORTH HANOVER STREET CARLISLE, PA 17013-1933 Defendants Attorney for Plaintiff Court of Common Pleas Civil Division No. 13 -2214 -CIVIL Cumberland County MOTION TO LIFT CONCILIATION STAY Plaintiff, Wells Fargo Bank, N.A. (hereinafter "Plaintiff'), by its attorney, D. Troy Sellars, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 813320 1. On April 23, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendants for their failure to make monthly payments of principal and interest upon their mortgage due December 1, 2012, and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit "A". 2. On November 19, 2013, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice upon the Defendant. A true and correct copy of the Sheriffs Return of Service is attached hereto, made part hereof and marked as Exhibit "B". 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the Foreclosure action is stayed for sixty (60) days from the date of service. 4. Within 60 days after service of the complaint, the Defendant may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request, the Court will schedule a Conciliation Conference. The program provides that Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 5. If more than sixty (60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendant failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 7. Since Defendants have opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. 813320 WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic stay be lifted. Date: 644 813320 BY: Respectfully submitted, PHELAN HALL AN, LLP \.4 D. Troy Sellars, Esquire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ATTORNEY FOR PLAINTIFF IN'ruE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff, vs. KIMBERLY L. SEILER KENNETH W. SEILER 630 NORTH HANOVER STREET CARLISLE, PA 17013-1933 Defendants. CIVIL DTYISION j NO.: / - Dal if 7 CIVIL ACTION— COMPLAINT IN MORTGAGE FORECLOSURE And now comes WELLS FARGO BANK, N.A., by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). 062 -PA -V3 119[8: 1181®y mat Wan, lestanibeier m boatnamldcurataopy ' I�r� dthead uNNedeline(l S .E C T X 0 N A S .E C T Supreme Court of Pennsylvania Court: of Common Pleas Civil Cover Sheet CUMBERLAND County For Prothonotary Use Only; Docket No: The information collected on this form is used solely for court administration purposes. This /brm does not sb1N11enmen1 or rapVoce the /ilirrt; and service rp1aa /inks or other[.,ers as recjrtirt�d Lt, lctx, ar rules rr% Commencement of Action: CI Complaint 0 Writ of Summons 0 Petition 0 Transfer from Another Jurisdiction 0 Declaration of Taking Lead Plaintiffs Name: WELLS FARGO BANK, N.A. Lead Defendant's Name: KIMBERLY L. SEILER Arc money damages requested? 0 Yes 0 No Dollar Amount Requested: 0 within arbitration limits (Check, one) 0 outside arbitration limits Is this a Class Action Suit? 0 Yes 0 No Is this an MDJ Appeal? 0 Yes 0 No Name of Plaintiff/Appellant's Attorney: Jonathan Lobb. Esq,J_ No,312174. Phelan. Hallinan, LLP 0 Check here if you have no attorney (are a Self -Represented [Pro Se] Litigant) Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important, TORT (do not include Afloss Tort) ❑ intentional G Malicious Prosecution ❑ Motor Vehicle D Nuisance 0 Premises Liability O Product Liability (does not Include mass tort) ❑ Slander/Libel/ Defamation 0 Other: MASS TORT 0 Asbestos 0 Tobacco ElToxicTort - DES 0 Toxic Tort - Implant 0 Toxic Waste O Other: PI t(�FiSSIONAL LIABILITY ❑ Dental 0 Legal ❑ Medical ❑ Other Professional: L _ Pa. R. C: P. 205.5 CONTRACT (do not include Judgments) ❑ Buyer Plaintiff ❑ Debt Collection: Credit Card 0 Debt Collection: 011ier 0 Employment Dispute: Discrimination 0 Employment Dispute: Other 0 Other: :EAL PROPERTY ❑ Ejectment ❑ Eminent Domain/Condemnation D Ground Rent 0 Landlord/Tenant Dispute 0 Mortgage Foreclosure: Residential ❑ Mortgage Foreclosure: Commercial ❑ Partition 0 Quiet Title 0 Other: CIVIL APPEALS Administrative Agencies 0 Board of Assessment ❑ Board of Elections 0 Dept. of Transportation © Statutory Appeal: Other 0 Zoning Board 0 Other: IISCELI.rANEOUS 0 Common Law/Statutory Arbitration ❑ Declaratory Judgment ❑ Mandamus 0 Non -Domestic Relations Restraining Order © Quo Warranto 0 Replevin 0 Other. Updated 111/01/2011 NOTICE You have been sued in Court. If you wish to defend against the claims 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 ting 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 DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 Fac 6 ")1956' PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff, vs. KIMBERLY L. SEILER KENNETH W. SEILER 630 NORTH HANOVER STREET CARLISLE, PA 17013-1933 Defendants. CI V CIVIL DIVISION NO.: ACTION— CONIPIAINT iN (OWFGACE FORECLOStJRI And now comes WELLS FARGO BANK, N.A., by its attorneys. Phelan Hallinan, LLP and files this Complaint in Mortgage Forecloswe as follows: 1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff). 06.Z PA -V3 2, The Defendants, KIMBERLY L. SEILER and KENNETH W. SEILER, are individuals whose last known address are 630 NORTH HANOVER STREET, CARLISLE, PA 17013-1931 3. WELLS FARGO BANK, N.A., directly or through an agent, has possession of the Promissory Note. WELLS FARGO BANK, N.A. is either the original payee of the Promissory Note or the Promissory Note has been duly indorsed. A true and correct copy of said Promissory Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about August 12, 2003, KIMBERLY L. SEILER and KENNETH W. SEILER made, executed and delivered to AMERICAN HOME BANK, N.A. a Mortgage in the original principal amount of $75,300.00 on the premises described in the legal description marked Exhibit "B", attached hereto and made a part hereof. Said Mortgage being recorded in the Office of the Recorder of CUM13ERLAND County in Book 1830, Page 2058. The Mortgage is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 5. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded May 2, 2007, the mortgage was assigned to WELLS FARGO BANK, N.A. which Assignment is recorded in the Office of the Recorder of CUMBERLAND County in Book 736, Page 2808. The Assignment is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. I 019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 6. KIMBERLY L. SEILER and KENNETH W. SEILER are record and real owners of the aforesaid mortgaged premises. 7, Defendants are in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the monthly installments of principal and interest due December 1, 20) 2. 062 -PA -V3 8. As of 04/04/2013, the amount due and owing Plaintiff on the mortgage is as follows! Principal Balance $62,451.85 Interest $ 1,558.91 11/01/2012 through 04/04/2013 Late Charges $ 111.35 Property Inspections $ 240.00 Escrow Balance $ (676.79) TOTAL $63,685.32 plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania Law, actually and reasonably incurred by Plaintiff including but not limited to, 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 authorized under the Mortgage and Pennsylvania Law to the above amount due and owing when incurred. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974. Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s). 10. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability in a bankruptcy proceeding, this action is in no way an attempt to re-establish such liability. 062-1'A-11,1 WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $63,685.32, with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Date: /(22JL3 U62 -PA -V3 By; 4linLobb, Esq., Id. No.312174 Attorney for Plaintiff Exhibit "A" 1. B plus intone cowl AUGUST 12, 2003 NOTE largl CARLISLE (Property Address] 630 NORTH HANOVER STREET , CARLISLE, PA 17013 WER'S PROMISE TO PAY for a loan that 1 have reoc1ved, I promise to pay U.S. S 75,300.00 (this amount is called 'Principal'), m the order of the Lender. The Lender is AKERICAN HOME SANK, N.A. !State] PA 1 will make nil payments under this Note in the fora of cash, chock or money order. I understand that the I Peder may transfer. this Note. The Lader or anyone who takes this Note by transfer and who is entitled to receive payments under this Note iis called the 'Note Holder.' 2. 1hr1fEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 5.875 %. The interest rate required by this Section 2 is the rate I will pay both before and•afta any default described in Section 6(B) of this Note, 3. PAYMENTS (A) Time and Pince of Patytn ants. I will pay principal arid interest by making a payment every month, I will make my monthly payment on the 1st 'day °Teal:h month beginning on OCTOBER 01, 2003 ; I will make these payments every month until I have paid all of the principal and interest and any other charges described beipw that I may °Wc under this Note. Each monthly payment will be applies! as of its scheduled due date and will be applied to interest before Principal. If, on SEPTEMBER 01, 2033 , 1 still owe amounts under this Note. I will pay those amounts in full on that date, which is called the 'Maturity Date.' I will make my monthly payments at 805 ESTELLE DRIVE, SUITE 101 PO BOX 4454 LANCASTER, PA 17604.445.4 or at a different place if required by the Note Holder. (B) Amount of Monthly P*ymenb My monthly payment will be in the unount of U.S. S 445.43 4. BORROWER'S RIGHT TO PREPAY I have the right to make Nayments of Principal at any tin c before they are due. A payment of Principal only is known as a "Prepayment.' When 1 snake a Prepayment, .1 will tell the Note Holder in writing that 1 am doing so. 1 may not designate a payment as a Prepayment if have not made all the monthly payments duo under the Note. may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use. my !'repayments to reduce the ernount of Principal :that 1 awe under this Note, However. the Note holder may apply my Prepayment to the accrued and unpaid treason on the Prepayment amount, before .applying my Prepsymeni to red= the Principal amount of the Note. If 1 make a partial Prepaytnent,-there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing.to those changes. MULTISTATE FIXED RATE NOTE•SI gke Mas/FradAN M.c UNIFORM INSTRUMENT N coemor Form 3200 1101 V MORTGAGE FORMS • 0001521.77A1 a s 1n!rwo �" 3. LOAN CHARGES If a law, which applies to this loan .and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, than: (a) any•such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted .limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note holder may choose to make this.•refund by reducing the Principal I owe under this Note or by making a direct payment to me. if a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S 'FAILURE TO PAY AS REQUIRED (A) Late Charge for Ove due 'Payments If the Note Holder has not received the full =Mutt of any monthly paymen by the end of 15(fifteen) calendar days after titp.dete it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment of:priicipal and interest. I will pay this late eharga.prvmptly but only once on each late payment. (B) Default if I do not pay the full amount of each monthly payment on the date It is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling rite that if i do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and an the interest that I owe on that amount. That dare must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (I)) No Waiver By Note Haider Even if, at a time when 1 am in default, Ute Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if i am in default at a lacer time. } (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GiViNG or NOTICES, Unless .applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering It or by mailing it by first classmail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must begiven to the Note Holder under this Note will be given by delivering it or by mailing it by first cliiss mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER TIIi S I OTE If more than one person signs this Nate,'caofi pe son is fully and personally obligated co keep all of the promises matte in this 'Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or cndorxcr of this Nolo is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor", surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together, This means that any one of us may be required to pay all of the amounts owed wider this Note. 9. WAIVERS I and any other person who has obligations under -this Note waive the rights of Present:nem and Notice of Dishonor. `Prtsanuncnt' means the right to require the Note Holder to demand payment of rrnotints due. 'Notice of Dishonor' means the right its require the Note Holder to give notice to other persons that amounts due have not been paid. P.2or3 Irl, UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdi#iotis, In addition totlle pr+aiWit) ns given to the. Note Helder under this Note, a Mortgage. Deed of Trust, or Security Deed (the 'Security. Instr unent"');..dated .the same date as this Note. protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and undo what conditions I. rrrdy be required to mac immediate payment in full of all amounts I owe under this Note, Some of those conditions are described as follows: If all or any part of the property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a 'beneficial interest in Borrower Is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in MI of all sums secured by this Security Instrument, However. this option shall not be exercised by Lender If such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shell give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay ill sums secured by this Security Instrument. if Borrower fails to pay these. sums prior to the expiration of this period. Lender may invoke any remedies permitted by this Security lntstrurnent'without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OP THE UNDERSIGNED. (Seal) (Seal) -borrower rite enosiei -Borrower (Seal) -Borrower /Sign Original Only] Correction Agreement Limited Power of Attorney On ,AuGtusr 12th 2003 , the undersigned borrower(s), for and in consideration of the approval, closing and funding of their mortgage loan (# 0000040675), hereby grant DUNCAN, HARTMAN & DOUGLAS as settlement agent and/or American. Home Bank, N.A It's Successors and Assigns as Their Interest May Appear as lender limited power of attorney to correct arid/or execute or initial all typographical or clerical errors discovered in any or all of the closing documentation required to be executed by the undersigned at the settlement. In the event this limited power of attorney is exercised, the undersigned will be notified and receive a copy of the document executed or initialed on their behalf. THIiS. LIMITED POWER OF ATTORNEY MAY NOT BE USED TO INCREASE THE INTEREST RATE THE UNDERSIGNED IS PAYING, INCREASE THE TERM OF THE UNDERSIGNED'S LOAN, INCREASE THE UNDERSIGNED'S OUTSTANDING PRINCIPAL BALANCE OR INCREASE THE UNDERSIGNED'S MONTHLY PRINCIPAL AND INTEREST PAYMENTS. Any of these specified changes must be executed directly by the undersigned. This limited power of attorney shall automatically terminate 120 days frozii the closing date of the undersigned's mortgage loan. IN WITNESS WHEREOF, the undersigned have executed this Limited Power of Attorney as of the date and year first above referenced. Name: State of PA County of CUMBERLAND This instrument was acknowledged before me on by NO'rA4tlgt. SEAL Kathy L Mummort, Notary Public Borough of Carlisle, Cumbert$nd Co:, PA My Commission Expires Aug, 1 1, 2007 AHB(pel) AHP8 (jw) 09!2001 Typed N vialo3 1C My corn '>sion expires: Exhibit "B" LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Borough of Carlisle, County of Cumberland, State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a post, corner of lot now or formerly of Mrs. Mitten; thence along North Hanover Street in a Northeasterly direction, forty (40) feet to a post, corner of lot now or formerly of Margaret Pohl; thence by line of the latter in a Northwesterly direction, one hundred fifty-eight (158) feet to a post at line of a twenty (20) foot alley; thence by said alley in a Southwesterly direction, thirty-nine (39) feet five (5) inches to a post; thence in a Southeasterly direction along the line of lot, now or formerly of Mrs. Mitten, one hundred fifty-eight (158) feet to a post, the place of BEGINNING. CONTAINING forty (40) feet on North Hanover Street, and extending back to said alley one hundred fifty-eight (158) feet with a frontage on said alley in the rear of thirty-nine (39) feet, five (5) inches. Having thereon erected a dwelling house known as and numbered 630 North Hanover Street. PROPERTY ADDRESS: 630 NORTH HANOVER STREET, CARLISLE, PA 17013-1933 PARCEL # 06-20-1800-034 #: 319'i5s, VERIFICATION Jasmin McLean, hereby states that heheP". s Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff in this matter, that he ''\s authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure arc true and correct to the best of uk/er nformation 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, Title: Vice President Loan Documentation Company: Wells Fargo Bank, N.A. Date 04/08/2013 086 -PA -V2 File 319562 Request for Service R. Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA 17013 Ph: 717.240.6390 Fx: 717.240.6397 WELLS FARGO BANK, N.A. Court Number: SctNum Expiration Date: Type of Action: Mortgage Foreclosure Complaint Defendant/s: KIMBERLY L. SEILER, KENNETH W. SEILER Serve Upon: KIMBERLY L. SEILER Address for Service: 630 NORTH HANOVER STREET CARLISLE, PA 17013-1933 Alternate Address for Service: Type of Service: 0 Personal 0 Adult in Charge 0 Deputize 0 Certified Mail 0 Posting (copy of court order required) Special Service Instructions: **If service is to be made by deputized service to another county please specify which county Filing Attorney's Information: Name: ' Phelan Hallinan, LLP /attorneyName/ Address: 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Telephone: 215-563-7000 x 1482 Request for Service R. Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA 17013 Ph: 717.240.6390 Fx: 717.240.6397 WELLS FARGO BANK, N.A. Court Number: Sctishim Expiration Date: Type of Action: MortgaRe Foreclosure Complaint Defendant/s: KIMBERLY L, SEILER, KENNETH W. SEILER Serve Upon KENNETH W. SEILER Address for Service: 630 NORTH HANOVER STREET CARLISLE. PA 17013-1933 Alternate Address for Service: Type of Service: 0 Personal 0 Adult in Charge 0 Deputize 0 Certified Mail 0 Posting (copy of court order required) Special Service Instructions: "If service is to be made by deputized service to another county please specify which county Filing Attorney's Information: Name: Phelan Hallinan, LLP fattomeyName/ Address: 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Telephone: 215-563-7000 x 1482 Exhibit "B" Ronny R Anderson Sheriff Jody}�3 Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY `soul if Ceutbr.04 b Evr,:w• OFFICE OF FME SkERIFF Wells Fargo Bank, NA Cass Number vs. 2013-2214 Kimberly L Seiler (et al.) SHERIFF'S RETURN OF SERVICE 08/2612013 03:58 PM - Sergeant Jason Vlore' served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a this copy to a person representing themselves to be the Defendant, to wit Kimberly L Seiler at the Cumberland County Sheriffs Office, One Courthouse Square, Carl' 09202013 Ronny R Anderson, Sheriff, being duly sworn according to law, = he :: a diligent search and inquiry for the within named Defendant to wit Kenneth W Seiler, but was , + ., • ' • locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 5 Ridge Avenue, North Middleton, Carlisle, PA 17013. Pre ex mother-in-law, defendant lives somewhere in Carlisle, however, they could not provide an address. Put in for a post office check - no information was received back from USPS prior to paper expiring. SHERIFF COST: $55.78 SO ANSWERS, September 20, 2013 (c) CantyStlle Shutt tMiosoR, Inc (7:2- RONNY R ANDERSON, SHERIFF 1: Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ()FPI= Of /*NE PARIFF Wells Fargo Bank, NA vs. Kimberly L Seiler (at al.) Case Number 2013-2214 SHERIFF'S RETURN OF SERVICE 11/19/2013 07:15 PM - Deputy Noah Cline, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves -to be the Defendant, to wt: Kenneth W Seller at 26 McBride Avenue, Carlisle Borough, Carlisle, PA . NOAH CLINE, DEPUTY SHERIFF COST: $41.30 SO ANSWERS, November 20, 2013 RONNY R ANDERSON, SHERIFF PHELAN HALLINAN, LLP D. Troy Sellars, Esq., Id. No. 210302 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 1360 Attorney for Plaintiff WELLS FARGO BANK, N.A. Court of Common Pleas 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Civil Division Plaintiff No. 13 -2214 -CIVIL v. Cumberland County KIMBERLY L. SEILER KENNETH W. SEILER 630 NORTH HANOVER STREET CARLISLE, PA 17013-1933 Defendants CERTIFICATION OF SERVICE I, D. Troy Sellars, Esquire, certify that I caused true and correct copies of Plaintiff's Motion to Lift Conciliation Stay and proposed Order to be sent sent via first class mail to the person listed below on the date indicated: KIMBERLY L. SEILER 5 RIDGE AVE CARLISLE, PA 17013-8763 KIMBERLY L. SEILER 630 NORTH HANOVER STREET ' CARLISLE, PA 17013-1933 Date: ‘At/z-/ 813320 KENNETH W. SEILER 26 MCBRIDE AVE CARLISLE, PA 17013-1941 By: D. Troy lars, Esquire Attorney for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson �� r° , 3 Sheriff Jody S Smith r?r�, `3 IN Qv 25 PH : t Chief Deputy Richard W Stewart `'UMBERLAND Cow,,-pr' Solicitor OFF'CE OF-N4 5 F40F� PENNS W/ANIA Wells Fargo Bank, N.A. vs. Case Number Kimberly L Seiler(et al.) 2013-2214 SHERIFF'S RETURN OF SERVICE 11/19/2013 07:15 PM- Deputy Noah Cline, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Kenneth W Seiler at 26 McBride Avenue, Carlisle Borough, Carlisle, PA . NOAH CLINE, DEPUTY SHERIFF COST: $41.30 SO ANSWERS, November 20, 2013 RbNW R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Court of Common Pleas 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Civil Division Plaintiff No. 13 -2214 -CIVIL v. Cumberland County KIMBERLY L. SEILER KENNETH W. SEILER 630 NORTH HANOVER STREET CARLISLE, PA 17013-1933 Defendants ORDER AND NOW, this r day of �,�,.. , 2014, upon consideration of Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. CC: 813320 Kenneth W. Seiler Kimberly L. Seiler D. Troy Sellars, Esq., Id. No. 210302 Attorney for Plaintiff BY TH OURT: A&./ _ CZ l.0 ry i PHELAN HALLINAN, LLP D. Troy Sellars, Esq., Id. No. 210302 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 1360 4MBERLY L. SEILER 5 RIDGE AVE CARLISLE, PA 17013-8763 ..46NNETH W. SEILER 26 MCBRIDE AVE CARLISLE, PA 17013-1941 4MBERLY L. SEILER 630 NORTH HANOVER STREET CARLISLE, PA 17013-1933 813320 Le, PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 44• j 9w PM 27 C„ CUMBERLAND LUJ1 i t Y PENNSYLVANIA Attorney for Plaintiff WELLS FARGO BANK, N.A. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. : CIVIL DIVISION KIMBERLY L. SEILER KENNETH W. SEILER : No. 13 -2214 -CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above -captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) KIMBERLY L. SEILER and KENNETH W. SEILER are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, as amended. (b) that defendant KIMBERLY L. SEILER is over 18 years of age and has last known addresses at 5 RIDGE AVE, CARLISLE, PA 17013-8763 and 630 NORTH HANOVER STREET, CARLISLE, PA 17013-1933. (c) that defendant KENNETH W. SEILER is over 18 years of age and has last known addresses at 26 MCBRIDE AVE, CARLISLE, PA 17013-1941 and 5 RIDGE AVE, CARLISLE, PA 17013-8763. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date Ph . n Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 813320 Department of Defense Manpower Data Center Results as of : Jun -26-2014 12:08:49 AM SCRA 3.0 tus Report uant to Servicemembers Civil Relief Act Last Name: SEILER First Name: KENNETH Middle Name: W Active Duty Status As Of: Jun -26-2014 On Active Duly On Active Duty Status Date Aciive Duly Stan Date Active Duty End Date Status Service Component NA NA . No NA � r This response reflects the Individuals' alive duty status be $9d on the Active Duty Status Dale Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA , 1 , - No 1' NA This response reflects where the individual left active duly status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Futu e Call -Up to Active Duty on Active Duty Status Date Order Notification $tart Date Order Notification End Date Status Service Component NA NA . No . NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAH, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 Department of Defense Manpower Data Center Results as of : Jun -26-2014 12:08:47 AM SCRA 3.0 Status Report Pursuant to Servicemernbers Civil Relief Act Last Name: SEILER First Name: KIMBERLY Middle Name: L Active Duty Status As Of: Jun -26-2014 On Active Duty On Active Duly Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA , , No NA This response reflects the Individualsactive duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA . ,i , , NA This response reflects where the individual left active duty status,within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Futu e Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA NA This response reflects whether the individual or his/her unit has received early notification to report for active duly Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed SgrViCes (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 'g=IL.E0-UFF Cr "I THE PROTHONOTARY PHELAN HALLINAN, LLP ! 14 JUL — I Ati [0: 5 Attorney for Plaintiff Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 WELLS FARGO BANK, N.A. vs. KIMBERLY L. SEILER KENNETH W. SEILER : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 13 -2214 -CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against KIMBERLY L. SEILER and KENNETH W. SEILER, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $63,685.32 TOTAL $63,685.32 I hereby certify that (1) the Defendants' last known addresses are 5 RIDGE AVE, CARLISLE, PA 17013-8763, 630 NORTH HANOVER STREET, CARLISLE, PA 17013-1933, and 26 MCBRIDE AVE, CARLISLE, PA 17013-1941, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date (A,OMf Adam H. Davis, Esq., Id. No.203034 Attorney for plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 7 Ir I�41 PH # 813320 PROTHONOTARY E fLflu3tizI 813320 Ssa V 3b -7P97 h Le Attiej PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 WELLS FARGO BANK, N.A. vs. KIMBERLY L. SEILER KENNETH W. SEILER Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 13 -2214 -CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above -captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) KIMBERLY L. SEILER and KENNETH W. SEILER are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, as amended. (b) that defendant KIMBERLY L. SEILER is over 18 years of age and has last known addresses at 5 RIDGE AVE, CARLISLE, PA 17013-8763 and 630 NORTH HANOVER STREET, CARLISLE, PA 17013-1933. (c) that defendant KENNETH W. SEILER is over 18 years of age and has last known addresses at 26 MCBRIDE AVE, CARLISLE, PA 17013-1941 and 5 RIDGE AVE, CARLISLE, PA 17013-8763. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date CaUlf' Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 813320 Department of Defense Manpower Data Center Results as of : Jun -30.2014 010443 AM SCRA 3.0 Status Report Pursuant to Servicernembers Civil Relief Act Last Name: SEILER First Name: KENNETH Middle Name: W Active Duty Status As Of: Jun -30-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NAT s 40- ' • . NA This response reflects the individuateactiveKtuty status based im the Active Duty Status Date .1 1 Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA * NA '-., , - . I NA This response reflects Where the individual left active'duly status within 367 days precedin6 the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA * NA '-., , - No NA This response reflects whether the individual or his/her unit has received early holifidafion to report for active duty ,.. . r Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed'Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or histher unit receiving notification of future orders to report for Active Duty, Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 Department of Defense Manpower Data Center Results as of : Jun -30-2014 01:04:42 AM SCRA 3.0 Status Report Pursuant to Servicer effibers Civil, Relief Act Last Name: SEILER First Name: KIMBERLY Middle Name: L Active Duty Status As Of: Jun -30-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA: 1 r " v No , NA This response reacts the indivlduats'factive dutystatus based on the fictive Duty Status Date Left Active Duly Within 367 Days of Active Duly Status Date Active Duty Start Date Active Duty End Date Status Service Component NA t —NA - ._ W , -No' NA This response reflects where the individual left active duty status within 367 days precedlnfl the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call.Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA . NA t, ,:r .. ,' .No ' .. NA This response reflects whether the individual orhis/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or histher unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 WELLS FARGO BANK, N.A. v. KIMBERLY L. SEILER KENNETH W. SEILER Plaintiff Defendant(s) TO: KIMBERLY L. SEILER 5 RIDGE AVE CARLISLE, PA 17013-8763. DATE OF NOTICE: COURT OF COMMON PLEAS CIVIL DIVISION - NO. 13 -2214 -CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR A!TEMPTING TO COLLECT A DEBT. THIS NOTICE LS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRTITEN 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 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: PH # 813320 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 • 1001 Dngerdssen; Esq., Id. No.317124 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 WELLS FARGO BANK, N.A. v. KIMBERLY L. SEILER KENNETH W. SELLER Plaintiff Defendant(s) TO: KIMBERLY L. SEILER 630 NORTH HANOVER STREET CARLISLE, PA 17013-1933 DATE OF NOTICE: /0/11.1. COURT OF COMMON PLEAS CIVIL DIVISION NO. 13 -2214 -CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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 PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 PH # 813320 By: CUMBERLAND 'COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Michael Dinscrdissen, Esq., Id, No. 7124 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v, KIMBERLY L. SEILER KENNETH W. SEILER NO, 13 -2214 -CIVIL Defendant(s) CUMBERLAND COUNTY TO: KENNETH W. SEILER 26 MCBRIDE AVE CARLISLE, PA 17013 1941 DATE OF NOTICE: a (72 4 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU W1TH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Bv: PH # 813320 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 • el ael Di;ngei'dissen, Esq., Id. No.317124 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 WELLS FARGO BANK, N.A. v. KIMBERLY L. SEILER KENNETH W. SEILER Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 13 -2214 -CIVIL Defendant(s) CUMBERLAND COUNTY TO: KENNETH W. SEILER 630 NORTH HANOVER STREET CARLISLE, PA 1701 DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 B P11 # 813320 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Dii gerdissen, Esq. Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (Rule of Civil Procedure No. 236) - Revised WELLS FARGO BANK, N.A. : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS KIMBERLY L. SEILER KENNETH W. SEILER : CIVIL DIVISION : No. 13 -2214 -CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on 111)1g . ... If you have any questions concerning this matter please contact: - Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM ISA DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. 813320 PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 Wells Fargo Bank, N.A. Plaintiff V. Kimberly L. Seiler Kenneth W. Seiler Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 07/02/2014 to Date of Sale ($10.47 per diem) TOTAL Note: Please attach description of property. PH4/ 813320 puL dY,s6 (S? t&F ss lt t Lit If 1 t a COURT OF COMMON PLEAS CIVIL DIVISION NO.: 13 -2214 -CIVIL : CUMBERLAND COUNTY $63,685.32 $1,622.85 $65,308.17 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff rn =rn r— C.) CD CD )Z11-(1) __44i3078'99 tor fof LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Borough of Carlisle, County of Cumberland, State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a post, corner of lot now or formerly of Mrs. Mitten; thence along North Hanover Street in a Northeasterly direction, forty (40) feet to a post, corner of lot now or formerly of Margaret Fohl; thence by line of the latter in a Northwesterly direction, one hundred fifty-eight (158) feet to a post at line of a twenty (20) foot alley; thence by said alley in a Southwesterly direction, thirty-nine (39) feet five (5) inches to a post; thence in a Southeasterly direction along the line of lot now or formerly of Mrs. Mitten, one hundred fifty- eight (158) feet to a post, the place of BEGINNING. CONTAINING forty (40) feet on North Hanover Street, and extending back to said alley one hundred fifty- eight (158) feet with a frontage on said alley in the rear of thirty-nine (39) feet, five (5) inches. Having thereon erected a dwelling house known as and numbered 630 North Hanover Street. TITLE TO SAID PREMISES IS VESTED IN Kenneth W. Seiler and Kimberly L. Seiler, h/w, by Deed from Kenneth W. Seiler, dated 08/12/2003, recorded 08/18/2003 in Book 258, Page 3701. PREMISES BEING: 630 North Hanover Street, Carlisle, PA 17013-1933 PARCEL NO. 06-20-1800-034 PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 Wells Fargo Bank, N.A. Plaintiff V. Kimberly L. Seiler Kenneth W. Seiler Defendant(s) HE RO 'MOHO TAk Attorneys for Plaintiff Pr,' -I Ali II: 0 1 CUKBERLAND COUNTY PENNSYLVANIA CERTIFICATION : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 13 -2214 -CIVIL : Cumberland County The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: the mortgage is an FHA Mortgage the premises is non -owner occupied the premises is vacant Act 91 procedures have been fulfilled Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: t'(0/6e/ ZOVZ Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Wells Tarp litzink, N.A. Plaintiff v. Kimberly L. Seiler Kenneth W. Seiler Defendant(s) LEG -0F t iG UF THE f'i70 THOFr`0 Tian;; 201HJUL -1 An 11:iJ1: CUMBERLAND COUNTY: MANIA COURT OF COMMON PLEAS CIVIL DIVISION NO.: 13 -2214 -CIVIL CUMBERLAND COUNTY AF IDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank, N.A., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 630 North Hanover Street, Carlisle, PA 17013-1933. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Kimberly L. Seiler Kenneth W. Seiler 5 Ridge Ave Carlisle, PA 17013-8763 630 North Hanover Street Carlisle, PA 17013-1933 26 McBride Ave Carlisle, PA 17013-1941 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) Kimberly L. Seiler Kenneth W. Seiler 5 Ridge Ave Carlisle, PA 17013-8763 630 North Hanover Street Carlisle, PA 17013-1933 26 McBride Ave Carlisle, PA 17013-1941 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. PH # 813320 Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 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: Name Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building 630 North Hanover Street Carlisle, PA 17013-1933 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: 670/(P PH # 813320 By: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 Wells Fargo Bank, N.A. Kimberly L. Seiler Kenneth W. Seiler 1.1r" THE PROTI-101.0TAi,-', 2UIJUL 4 - I 4/11: 01 CUMBERLAND COUNTY COURT OF COMMON PLEAS PENNSYLVANIA Plaintiff CIVIL DIVISION COU vs. NO.: 13 -2214 -CIVIL : Cumberland County Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Kimberly L. Seiler 5 Ridge Ave Carlisle, PA 17013-8763 Kenneth W. Seiler 26 McBride Ave Carlisle, PA 17013-1941 Kimberly L. Seiler 630 North Hanover Street Carlisle, PA 17013-1933 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 630 North Hanover Street, Carlisle, PA 17013-1933 is scheduled to be sold at the Sheriffs Sale on 12/03/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $63,685.32 obtained by Wells Fargo Bank, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 13 -2214 -CIVIL Wells Fargo Bank, N.A. v. Kimberly L. Seiler Kenneth W. Seiler owner(s) of property situate in CARLISLE BOROUGH, CUMBERLAND County, Pennsylvania, being 630 North Hanover Street, Carlisle, PA 17013-1933 Parcel No. 06-20-1800-034 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $63,685.32 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Borough of Carlisle, County of Cumberland, State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a post, corner of lot now or formerly of Mrs. Mitten; thence along North Hanover Street in a Northeasterly direction, forty (40) feet to a post, corner of lot now or formerly of Margaret Fohl; thence by line of the latter in a Northwesterly direction, one hundred fifty-eight (158) feet to a post at line of a twenty (20) foot alley; thence by said alley in a Southwesterly direction, thirty-nine (39) feet five (5) inches to a post; thence in a Southeasterly direction along the line of lot now or formerly of Mrs. Mitten, one hundred fifty- eight (158) feet to a post, the place of BEGINNING. CONTAINING forty (40) feet on North Hanover Street, and extending back to said alley one hundred fifty- eight (158) feet with a frontage on said alley in the rear of thirty-nine (39) feet, five (5) inches. Having thereon erected a dwelling house known as and numbered 630 North Hanover Street. TI'I LE TO SAID PREMISES IS VESTED IN Kenneth W. Seiler and Kimberly L. Seiler, h/w, by Deed from Kenneth W. Seiler, dated 08/12/2003, recorded 08/18/2003 in Book 258, Page 3701. PREMISES BEING: 630 North Hanover Street, Carlisle, PA 17013-1933 PARCEL NO. 06-20-1800-034 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net WELLS FARGO BANK, N.A. Vs. KIMBERLY L. SEILER KENNETH W. SEILER WRIT OF EXECUTION NO 13-2214 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $63,685.32 L.L.: $.50 Interest FROM 7/2/2014 TO DATE OF SALE ($10.47 PER DIEM) - $1,622.85 Atty's Comm: Atty Paid: $350.91 Plaintiff Paid: Date: 7/1/14 (Seal) REQUESTING PARTY: Name: ADAM H. DAVIS, ESQUIRE Address: PHELAN HALLINAN, LLP 1617 JFK BLVD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 203034 Due Prothy: $2.25 Other Costs: David D. Bue11, Prothonotary $Y� Deputy PLAINTIFF WELLS FARGO BANK. N.A. DEFENDANT KIMBERLY L. SEILER KENNETH W. SEILER SERVE KENNETH W. SEILER AT: 26 MCBRIDE AVE CARLISLE, PA 17013-1941 'PE -,+1/7-4,1 PT orlevio 1_j NOT seAvEO AFFIDAVIT OF SERVICE (FHLMC) .' CUMBERLAND COUNTY I et PH # 813320 SERVICE TEAM/ lxh COURT NO.: 13 -2214 -CIVIL TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: December 3, 2014 SERVED Served and made known to KENNETH W. SEILER. Defendant on the aek day of a P'i E✓NB Erg 20 (¢ . E% l C. o'clock To. M.. at at, M_c i tbf 4%/E, el-ated t.ErPA. in the manner described below: V Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: A Description: Age 4 S Height 5' ' Weight (g 5 Race W Sex [ A Other Ronald Moll I. . a competent adult. hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. D9 2a f 1� C C'oArnNuF� ,'nftP NAME: DATE: Rt-SUC.?Fb t N uec-E55 PA L 5 V t PRINTED NAME: Process Server 111 LE: Ronald Moll NOT SERVED On the day of 20 . at o'clock _ M.. I. . a competent adult hereby state that Defendant NOT FOUND because: _ Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan. LLP 1617 JFK Boulevard. Suite 1400 One Penn Center Plaza Philadelphia. PA 19103 (215) 563-7000 OF I -11E PFJT1liOn-11,1n.' 20.1UCT 2 PHELAN HALL1NAN, LLP Adam H. Davis, Esq., Id. No 203�4 1617 JFK Boulevard, Suite 1400 P1 -3Y One Penn Center Plaza Philadelphia, PA 19103 A.dam.Davis@PhelanHallinan.com 215-563-7000 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff, v. KIMBERLY L. SEILER KENNETH W. SEILER Defendant(s) : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION No.: 13 -2214 -CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH # 813320 Name and Address Of Sender ENO Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 AZK/CET - 12/03/2014 SALE austawa, ,e aookamaa,,awfaaa)a.alaitiOaaaToikkiatifiNai Line Article Number Name of Addressee, Street, and Post Office Address * TENANT/OCCUPANT 630 NORTH HANOVER STREET CARLISLE, PA 17013-1933 Postage $0.47 2 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 $0.47 3 Commonwealth of Pennsylvania Department or Welfare P.O. Box 2675 Harrisburg, PA 17105 $0.47 4 **at Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 5 U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 0.47 $0.47' RE: KIMBERLY L. SEILER (CUMBERLAND) PH # 813320/1021 Page 1 of 1 Writ Team $2.35 Total Number of Pieces Listed by Sender Total Number of Pieces Received m Post Office Postmaster. Pcr (Name of Receiving Employee) The full declaration of value is required on all domestic and international registered mail The maximum 'Adenoid> p.iyable for the reconoruction of nonnegotiable documents under Express Mail document reconstruction ilUtItAtiet k S50„tt41 per piece subject to u limit 445500,063 per occurrence. The maximum indemnity payable on Exprms1ufmercharnii.se 554)0 The maximum indemnity payable is 525,000 for registered mail, sent with optional insurance See Domestic Mail Manual R900 S91 7: sind S921 for limitations of coverage. Form 3877 Facsimile