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HomeMy WebLinkAbout13-4812 o Supreme Couf�'enns t. Court" f COihmokh For Prothonotary Use Only: Civil 'Cbver�- ��ie'et 4 " Docket No: CU(\hBER LAN D County The information collected on this form is used solely for court administration purposes. .This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S El Complaint El Writ of Summons Petition E Q Transfer from Another Jurisdiction Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T WELLS FARGO BANK, N.A. VICTOR YUENGLING Dollar Amount Requested: r1within arbitration limits I Are money damages requested? Yes ®X No O (check one) ®x outside arbitration limits N Is this a Class Action Suit? Yes El No Is this an MDJAppeal? E] Yes S No A Name of Plaintiff /Appellant's Attorney: POWERS, KIRN & JAVARDIAN, LLC 0 (.'heck here if you have no attorney (tare a Self-Represented (I"ro Sel 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 0 Buyer Plaintiff Administrative Agencies Malicious Prosecution El Debt Collection: Credit Card Board of Assessment ® Motor Vehicle E] Debt Collection: Other Board of Elections r] Nuisance ® Dept. of Transportation E] Premises Liability Statutory Appeal: Other S Product Liability (does not include E mass tort) El Employment Dispute: © Slander/Libel/ Defamation Discrimination C ® Other: r_1 Employment Dispute: Other Zoning Board T Other: I F1 Other: O MASS TORT rl Asbestos N [] Tobacco El Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Other: El Ejectment F7 Common Law /Statutory Arbitration B El Eminent Domain /Condemnation E] Declaratory Judgment rl Ground Rent F7 Mandamus Landlord/Tenant Dispute Non - Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial Quo Warranto 0 Dental El Partition Replevin E] Legal 0 Quiet Title Other: E] Medical E] Other: rl Other Professional: Updated 1/1/2011 POWERS, KIRK, & JAVARDIAN, LLC ''' ' ` " �' +�(;����� ' ,•. GREGORY JAVARDIAN, ESQUIRE Id. No. 55669 MARY F. KENNEDY, ESQUIRE Id. No. 77149 _ ' }� ? 1 MEGHAN K. BOYLE, ESQUIRE Id. No. 201661 SEAN P. MAYS, ESQUIRE Id No. 307518 i'U % !,� Y� f� �� -TY RICHARD J. NALBANDIAN, III, ESQUIRE Id No. 312653 1310 INDUSTRIAL BOULEVARD 2 FLOOR, SUITE 202 SOUTHAMPTON, PA 18966 ATTORNEYS FOR PLAINTIFF (215) 942 -2090 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. CIVIL DIVISION Plaintiff, NO.: V VICTOR YUENGLING Defendant 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 defense 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 Bar Association 32 S. Bedford Street Carlisle, PA 17013 717- 249 -3166 800 -990 -9108 086 -PA -V2 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.0 § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. 086 -PA -V2 POWERS, KIRN, & JAVARDIAN, LLC GREGORY JAVARDIAN, ESQUIRE Id. No. 55669 MARY F. KENNEDY, ESQUIRE Id. No. 77149 MEGHAN K. BOYLE, ESQUIRE Id. No. 201661 SEAN P. MAYS, ESQUIRE Id No. 307518 RICHARD J. NALBANDIAN, III, ESQUIRE Id No. 312653 1310 INDUSTRIAL BOULEVARD 2 ND FLOOR, SUITE 202 SOUTHAMPTON, PA 18966 ATTORNEYS FOR PLAINTIFF (215) 942 -2090 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. CIVIL DIVISION Plaintiff, NO.: v VICTOR YUENGLING Defendant CIVIL ACTION — COMPLAINT IN MORTGAGE FORECLOSURE And now comes Wells Fargo Bank, N.A., by its attorneys, Powers, Kim, & Javardian, LLC, and files this Complaint in Mortgage Foreclosure as follows: (1.) The Plaintiff is Wells Fargo Bank, N.A., 4101 Wiseman Boulevard, San Antonio, TX 78251 (hereinafter "plaintiff'). Wells Fargo Bank, N.A. is the successor of a merger with Wells Fargo Bank Southwest, N.A. formerly known as Wachovia Mortgage, FSB as evidence by that certain official certification letter from the Office of the Comptroller of the Currency (OCC) dated November 1, 2009 attached hereto as Exhibit A. 062 -PA -V3 (2.) The Defendant, Victor Yuengling is an individual whose last known address is 290 Dorwood Drive, Carlisle, PA 17013. (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 B, attached hereto and made a part hereof. (4..) On or about January 10, 2008, Victor Yuengling, made, executed and delivered to Wachovia Mortgage, FSB a Mortgage in the original principal amount of $239,920.00 on the premises described in the legal description marked Exhibit C, attached hereto and made a part hereof. Said Mortgage being recorded in the Public Records of Cumberland County, Pennsylvania, recorded on January 22, 2008 in Official Records Instrument No. 200802084. 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. (6.) Victor Yuengling is the record and real owner of the aforesaid mortgaged premises. (7.) Defendant is in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay their monthly installments of principal and interest due December 1, 2012. (8.) As of July 12, 2013, the amount due and owing Plaintiff on the mortgage is as follows: Principal $245,388.90 Interest from 11/1/2012 to 7/12/2013 @ 7.950% $13,646.97 Pre - acceleration Late Charges $413.04 Hazard Insurance Disbursements $2,798.00 Tax Disbursements $6,758.85 Credits to Borrower ($3.02) Total $269,002.74 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 062 -PA -V3 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 Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant. (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, but reserves its right to do so in a separate legal action if such right exists. If Defendant have received a discharge of personal liability in a bankruptcy proceeding, this action is in no way an attempt to re- establish such liability. WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $269,002.74, with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. POWERS, RN, & JAV N, LLC BY: 11 Gregory Javardi ire Id. No. 55669 []Mary F. Kennedy, Esquire Id. No. 77149 ❑Meghan K. Boyle, Esquire Id. No. 201661 n P. Mays, Esquire Id. No. 307518 El Richard J. Nalbandian, III, Esquire Id. No. 312653 Attorneys for Plaintiff 062 -PA -V3 EXHIBIT'A' '-- ._'.__. .- ... _ ..... _ . _.. . .._. . _ - .. .. . E A�_lb t � k... - - - -' ,. i . . . ". . . . . . I . :: - .,...--. ,: ­ 1 _..,:�."., . ....... - , . � � - .... I ­:. ,:; - I. � 4 . . . , * ,_ , 1. . • 3" - <'a i i . ,!.,. .1 ': 1 �. : . -, . .. _ .r :': .: 1: .; . ''.. . - .. I , . .. , .. .. * , . . 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I. . hl?.. _ - - t -- ,.., .. ..: a: :.., , .' t. 'i '5..r ':h 1 '. ='i' 1�. . • - Dear IvIr..Hanson:: : - i:': 1. „: . . :.... . . ... .".. i. - .. .. • .Ir' I{ This:' letter is:: he aff vial: cent ficatign of xhe .comptroller of tYie' Currency' ( CC) of the; `! . I , 7. ::conversioniof Wachovia Mort a • e F .SB North - Las Ve • as Nevada to a national bank with the 3 {I g g. = g:r :: -name.;ViWells'Far o Bank(Southwe ' Natotial; Association4 :effectiuelo�vember „� :204 `his .n , 1. g t :,(-', :,�i` a :.£( '' - °e� ;, L �i j” '" Ji''':L '.r, `'ssociatian"�wIhi also:.tlie;. official; certificationto - m ge. WellsargoBank ,Southwst�NatonalaA k;, 1.1 "il t. i II and `into Wells Fa' ;ot '.Nattonal' Associ tiorl, Sioux falls, South Dakotase fecti� r .: Noyember;l- 2008;: u '': - tit§ r' 2 .. r T i t , :;: ::If- ou'have: uestions re 'ardin ':this lettei : lease contid aneiAt ZI - , .. i 29.4:0 .:b.. ma I t : . +.::= : "'' Stebhen.Lybarger cc_treas: ov. 'Elease:reference thesapphcatton :control °ni it tier or numbers in an - 'co rres ' n ... - - odec .::.. .:..:. Y..... ...p -.. __ .. - ..- ;. r :::: �'L fr: r' . u;'' ;s i r. :.i _ = -. , : : ;( , � .i q S' ' �e el' ; ; R•+ 2 ; r �n f - fi )i - :i' r , • I. -. - ..:� ,. :,...: 1 . s -, : n ' .. _ _ ~- .,. , :: J , r • r . ...',... _ .1 ,fi ., C'.. ±'_ di. If � We ] .1.� .I' ". +.r ; i v; .. ,P- r ... ..- .. -..' .. 1 i. .2 "� _ t a. h ;:.'...:: e . L a . 1: .;;:.. . 'i:.... *:.. t ,,,: , . e- :..: tL T;iik:I�ieen' Bx ert; , ..... _ _.._ ......__..,,_ ..• .:- p . .,., . = F: '�:` ,.. i. :I' - a . . . ".. . . ti: _ - , it' .. . �i. ¢f . . �t - rl'.'. .. _ . .. ', . !: t'r ' ; . I . ' ' ;., . , " - .. r . _ . :, • _ . . 'j.. ::i . EXHIBIT'B' (Page 1 of 6) WACHOVIA MORTGAGE, FSB FIXED RATE MORTGAGE NOTE PICK -A- PAYMENT LOAN THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY MONTHLY PAYMENT AND MY UNPAID PRINCIPAL BALANCE. MY MONTHLY PAYMENT INCREASES AND MY PRINCIPAL BALANCE INCREASES ARE _ LIMITED. THIS NOTE IS SECURED BY A SECURITY INSTRUMENT OF THE SAME DATE, LOAN NUMBE DATE January 10, 2008 BORROWER(S) VICTOR YUENGLING, AN UNMARRIED MAN sometimes called "Borrower' and sometimes simply called "I" or "me " PROPERTY ADDRESS 290 DORWOOD DR, CARLISLE, PA 17013 -2133 1. BORROWERS PROMISE TO PAY In return for a loan that 1 have received, I promise to pay U S $239,920.00 ,called "Principal," plus interest, and any other i charges incurred during the course of the loan, to the order of the Lender The Lender is WACHOVIA MORTGAGE, FSB, a FEDERAL SAVINGS BANK, ITS SUCCESSORS AND /OR ASSIGNEES, or anyone to whom this Note is transferred I 2. INTEREST Interest will be charged on unpaid Principal until the full amount of Principal has been paid I wig pay interest at the yearly rate of 7.950% Interest will be charged on the basis of a twelve month year and a thirty day month The Interest rate required by this Section 2 is the rate I will pay both before and after any default described In Section 7(B) of this Note . i 0 0 1 SD263A (2006-09.5) [A01 (2008-090 FIXED PICK4- PAYMENT NOTE PA Page t LENDER'S USE ONLY (Page 2 of 6) 3. PAYMENTS (A) Time and Place of Payments I will pay Principal and interest by making payments every month I will make my monthly payments on the 1St day of each month beginning on March 1, 2008. 1 will make these payments every month until I have paid QQ all the Principal and interest, and (n) any other charges described below that I may owe under this Note, and (n) any charges that may be due under the Security Instrument If, on February 1, 2038, 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 P.O. Box 659568, San Antonio, TX 78265 or at a different place if required by notice from the Lender - (8) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U S $ 1,031.03 This amount will change as described in Sections 3(C) and 3(D) below My initial monthly payment amount was selected by me from a range of initial payment amounts approved by Lender and may not be sufficient to pay the entire amount of interest accruing on the unpaid Principal balance (C) Payment Change Dates My monthly payment will change as required by Section 3(D) below beginning on the 1St day of March, 2009 and on that day every 12th month thereafter until the 121st month, which will be the final payment change Each of these dates is called a "Payment Change Date " My monthly payment will also change at any time Section 3(F) or 3(G) below requires me to pay a different amount I will pay the amount of my new monthly payment each month beginning on each Payment Change Date and as provided in Section 3(F) or 3(G) below i i (D) Calculation of payment Changes Subject to Sections 3(F) and 3(G), on the Payment Change Date my monthly payment may be changed to an amount sufficient to pay the unpaid principal balance together with interest, including any deferred interest as described in Section 3(E) below, by the Maturity Date However, the amount by which my payment can be increased will not be more than 7 -1/2% of the then existing Principal and interest payment This 7 -1/2% limitation is called the "Payment Cap" The Lender will perform this Payment Change calculation at least 60 but not more than 90 days before the Payment Change Date I THIS SPACE INTENTIONALLY LEFT BLANK I I SD2538 (2006-09 -5) [503 (20OS.09.5)] FIXED PICK -A- PAYMENT NOTE PA Page 2 (Page 3 of 6) I (E) Deferred Interest; Additions to My Unpaid Principal From time to brae, my monthly payments may be insufficient to pay the total amount of monthly interest that is due If this occurs, the amount of Interest that is not paid each month, called "Deferred Interest; will be added to my Principal and will accrue interest at the same rate as the Principal i (F) Limit on My Unpaid Pnnclpat; Increased Monthly Payment My unpaid principal balance can never exceed 125% of the Principal I onginally borrowed, celled "Principal Balance Cap" If, as a result of the addition of deferred interest to my unpaid principal balance, the Principal Balance Cap limitation would be exceeded on the date that my monthly payment is due, I will instead pay a new monthly payment Notwithstanding Sections 3(C) and 3(D) above, 1 will pay a new monthly payment which is equal to an amount that will be sufficient to repay my then unpaid principal balance in full on the Maturity Date together with interest, in substantially equal payments (G) Final Payment Change On the 10th Payment Change Date my monthly payment will be calculated as descnbed in Section 3(D) above except that i the Payment Cap limitation will not apply (H) Notice of Payment Changes The Lender will deliver or mad tome a notice of any changes in the amount of my monthly payment, called "Payment Change Notice," before each Payment Change Date 4. FAILURE TO MAKE ADJUSTMENTS If for any reason Lender fads to make an adjustment to the payment amount as described in this Note, regardless of any notice requirement, I agree that Lender may, upon discovery of such failure, then make the adjustments as 0 they had been made on time 1 also agree not to hold Lender responsible for any damages to me which may result from Lender's failure to make the adjustment and to let the Lender, at its option, apply any excess monies which I may have paid to partial prepayment of unpaid Principal i 5. BORROWERS RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal before it is due is called a "Prepayment'. When I make a Prepayment, I will tell the Lender in writing that I am doing so. The Lender may require that any partial Prepayments be made on the date my regularly scheduled payments are due. if 1 make a partial Prepayment, there will be no changes in the due dates or amount of my regularly scheduled payments unless the Lender agrees to those changes in writing, I may pay deferred interest on this Note at any time without charge and such payment will not be considered a "Prepayment" of Principal. During the first 3 years of the loan term if I make one or more Prepayments that, in the aggregate, exceed $5,000 in any calendar month, 1 must pay a prepayment charge equal to 2% of the amount such Prepayments exceed $5,000 in that calendar month. After the first 3 years of the loan term, 1 may make a full or partial Prepayment without paying any prepayment charge. 6. MAXIMUM 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 ban charges collected or to be collected In connection with this loan exceed the permitted limits, then (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit, and (n) any sums already collected from me which exceeded permitted limits will be refunded to me The Lender 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 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Lender has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due. I will pay a late charge to the Lender The amount of the charge will be 5.00% of my overdue payment of Principal and Interest I will pay this late charge promptly but only once on each late payment SD253C (2006-09 1001 (200649 -5)j FIXED PICK -A- PAYMENT NOTE PA Pape 3 (Page 4 of 6) (B) Default I will be in default if (r) I do not pay the full amount of each monthly payment on the date it is due, or (n) I fall to perform any of my promises or agreements under this Note or the Security Instrument, or (m) any statement made in my application for this loan was materially false or misleading or if any statement in my application for this loan was materially false or misleading by reason of my omission of certain facts, or (n) I have made any other statement to Lender in connection with this loan that is matenally false or misleading (C) Notice of Default If I am in default, the Lender may send me a written notice, called "Notice of Default; telling me that d I do not pay the overdue amount by a certain date, the Lender may require me to pay Immediately the amount of Principal which has not been paid and all the Interest that I owe on that amount, plus any other amounts due under the Security Instrument (D) No Waiver by Lender Even if, at a time when I am in default, the Lender does not require me to pay immediately in full as described above, the Lender will still have the right to do so if I am in default at a later time i (E) Payment of Lender's Costs and Expenses The Lender 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 may mclude, for example, reasonable attomeys' fees and court costs 8. GIVING OF 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 Gass mail to me or any Borrower at 290 DORWOOD DR, CARUSL.E, PA 17013 -2133, or at a single alternative address if I give the Lender notice of my alternative address I may give notice to Lender of a change in my address in writing or by calling Lenders customer service telephone number provided on my billing statement 1 may designate only one mailing address at a time for notification purposes Except as permitted above for changes of address, any notice that must be given to the Lender under this Note will be given by mailing it by first class mail to the Lender at Wachovia Mortgage, FSB, P O Box 659558, San Antonio, TX 78265 or at a different address if i am given a notice of that different address 9. 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 takes over these obligations is also obligated to keep all of the promises made in this Note The Lender 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 under this Note 10. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment, notice of dishonor, notice of acceleration, and protest "Presentment" means the right to require the Lender to demand payment of amounts due "Notice of Dishonor' means the right to require the Lender to give notice to other persons that amounts due have not been paid 11. SECURED NOTE -ACCELERATION In addition to the protections given to the Lender under this Note, the Security Instrument dated the same date as this Note gives the Lender security against which it may proceed if I do not keep the promises which I made 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 1 owe under this Note and includes the following Paragraph 26: AGREEMENTS ABOUT LENDER'S RIGHTS IF THE PROPERTY IS SOLD OR TRANSFERRED Acceleration of Payment of Sums Secured. Lender may, at its option, require immediate payment in fun of all Sums Secured by this Security Instrument d all or any part of the Property, or if arty right in the Property, Is sold or transferred without Lenders prior written permission Lender also may, at its option, require immediate payment In full If Borrower is not a natural Person and a beneficial interest in Borrower is sold or transferred without Lenders prior written permission However, Lender shall not require immediate payment in full if this is prohibited by Federal Law In effect on the date of the Security Instrument If Lender exerases the option to require immediate payment in full. Lender will give me notice of acceleration If I fail to pay all Sums Secured by this Security Instrument immediately, Lender may then or thereafter invoke any remedies permitted by this Security Instrument without further notice to or demand on me SD2531) (2006-095) (0 (1006-09.5)) FIXED PICK -A -PAYMENT NOTE PA Page 4 (Page 5 of 6) 12. GOVERNING LAW; SEVERABILITY This Note shall be governed by and construed under federal law and federal rules and regulations including those for federally chartered savings institutions, called "Federal Law." In the event that any of the terms or provisions of this Note are Interpreted or construed by a court of competent jurisdiction to be void, invalid or unenforceable, such decision shall affect only those provisions so construed or Interpreted and shall not affect the remaining provisions of this Note 19. CLERICAL ERRORS In the event the Lender at any time discovers that this Note or the Security Instrument or any other document related to this loan, called collectively the "Loan Documents," contains an error which was caused by a clerical mistake, calculation error, computer error, printing error or similar error, I agree, upon notice from the Lender, to reexecute any Loan Documents that are necessary to correct any such error(s) and I also agree that I will not hold the Lender responsible for any damage to me which may result from any such error 14. LOST, STOLEN OR MUTILATED DOCUMENTS If any of the Loan Documents are lost, stolen, mutilated or destroyed and the Lender delivers to me an Indemnification In my favor, signed by the Lender, then I will sign and deliver to the Lender a Loan Document Identical in form and content which will have I the effect of the original for all purposes f THIS SPACE INTENTIONALLY LEFT BLANK; SIGNATURE PAGE FOLLOWS I I S0253E R006435) (E03 (20D6-095)) FIXED PICK -A- PAYMENT NOTE PA Page 5 (Page 6 of 6) SIGNATURE PAGE • I NOTICE TO BORROWER(S): BY SIGNING THIS NOTE YOU AGREE TO PAY A PREPAYMENT CHARGE IN CERTAIN CIRCUMSTANCES. PLEASE CAREFULLY READ THIS ENTIRE NOTE (INCLUDING THE PREPAYMENT PROVISION) BEFORE YOU SIGN IT. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED i (PLEASE SIGN YOUR NAME EXACTLY AS IT APPEARS BELOW) BORROWER(S): Z F Z (Seal) VICTOR GL SD253 (2004 -03.1) (VW4 (2004-03 41)) Page 6 o 6 PA EXHIB IT ` C' COMMITMENT 9. Restrictions as in Record Book 247, Page 3406. TICOR TITLE INSURANCE COMPANY SCHEDULE C File No: PLT -PA -20224 Commitment No: W75817 ALL THAT CERTAIN tract of land with the improvements thereon erected situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with Final Subdivision Plan of Kendor Summit as last revised on January 23, 1987, prepared by Gerrit J. Betz Associates, Inc., consisting of two pages, copies of which were recorded on April 10, 1987, in the hereinafter named Recorder's Office in Plan Book 52, page 111, as follows: BEGINNING at a point on the Western line of 50 feet wide Dorwood Drive at the dividing line between Lots Nos. 9 and 10; thence from said point at the Place of Beginning along said Western line of 50 feet wide Dorwood Drive by a curve to the right having a radius of 275.00 feet an arc distance of 30.00 feet to the point; thence still along said Western line of 50 feet wide Dorwood Drive, South 24 degrees 21 minutes 50 seconds East a distance of 101.42 feet to a point; thence still along the Western line of said 50 feet wide Dorwood Drive by a curve to the left having a radius of 325.00 feet an arc distance of 62.47 feet to a point at the dividing line between Lots Nos. 8 and 9; thence along said dividing line between said Lots Nos. 8 and 9 South 43 degrees 02 minutes 25 seconds West a distance of 201.20 feet to a point in line of land now or formerly of Marlin E. Miller; thence along line of said land now or formerly of Marlin E. Miller the following two (2) courses and distances: (1) North 31 degrees 12 minutes 50 seconds West a distance of 169.60 feet to an iron pipe; and (2) North 24 degrees 21 minutes 50 seconds West a distance of 71.44 feet to a point at the dividing line between Lots Nos. 9 and 10; thence along said dividing line between said Lots No. 9 and 10, North 56 degrees 46 minutes 27 seconds East a distance of 200.76 feet to a point on the Western line of said 50 feet wide Dorwood Drive at the place of beginning. BEING all of Lot No. 9 as shown on said Final Subdivision Plan of Kendor Summit recorded as aforesaid, and containing an area of 42,771 square feet, more or less. BEING NO. 290 DORWOOD DRIVE BEING THE SAME PREMISES WHICH Steven Lee Jones and Vickie Lee Jones, his wife by Deed dated 7/31/2001 and recorded 7/31/2001 in the County of Cumberland in Record Book 247 Page 3406 conveyed unto Ronald M. Jones and Amy M. Jones, his wife, in fee. TAX PARCEL #29 -07 -0471 -054 VERIFICATION Joanna M. Gloria hereby states that he /she is Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff in this matter, that he /she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: Title: is President Loan D cumentation Company: Wells Fargo Bank, N. A. Date: 08/05/2013 Name: Joanna M. Gloria Title: Vice President Loan Documentation Company: Wells Fargo Bank, N.A. Date: 08/05/2013 086 -PA -V2 POWERS, KIRN, & JAVARDIAN, LLC ; GREGORY JAVARDIAN, ESQUIRE Id. No. 55669 3 MARY F. KENNEDY, ESQUIRE Id. No. 77149 "�� ` t '� (, MEGHAN K. BOYLE, ESQUIRE Id. No. 201661 ���' f _ SEAN P. MAYS, ESQUIRE Id No. 307518 ' °; /' Uri j RICHARD J. NALBANDIAN,111, ESQUIRE Id No. 312653 1310 INDUSTRIAL BOULEVARD 2" FLOOR, SUITE 202 SOUTHAMPTON, PA 18966 ATTORNEYS FOR PLAINTIFF (215) 942 -2090 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. CIVIL DIVISION Plaintiff, NO.: , �.. 70�p� UI v VICTOR YUENGLING Defendant NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action you may be able to participate in a court supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference. First within twenty 20 days of your receipt of this notice you must contact MidPenn Legal Services at 717 2439400 extension 2510 or 800 8225288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative you must promptly meet with that legal representative within twenty 20 days of the appointment date. During that meeting you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto the legal representative will prepare and file a Request for Conciliation Conference with the Court which must be filed with the Court within sixty 60 days 086 -PA -V2 of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty 60 days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME YOU MUST ACT QUICKLY AND TAKE THESTEPS REQUIRED BY THIS NOTICE THIS PR FREE. Date Respectfully submitted, ❑Gregory Javardian, Esquire Id. No. 55669 ❑Mary F. Kennedy, Esquire Id. No. 77149 ❑ eghan K. Boyle, Esquire Id. No. 201661 can P. Mays, Esquire Id. No. 307518 ❑Richard J. Nalbandian, III, Esquire Id. No.312653 Attorneys for Plaintiff 086 -PA -V2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge CUSTOMER/ PRIMARY 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 1i No ❑ Mailing Address (if different) City State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: Number of people in household How long: CO- BORROWER Mailing Address: City: State Zip: Phone Numbers: Home: Office: Cell: Other: Email: Number of people in household How long: FINANCIAL INFORMATION First Mortgage Lender: 086 -PA -V2 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) Model: Year: Amount owed $: Value: $ 086 -PA -V2 MONTHLY INCOME Name of Employers 1. 2. 3. Additional Income Description (not wages): 1. monthly amount $ 2. monthly amount $ Borrower Pay Days: Co- Borrower Pay Days MONTHLY EXPENSES (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage $ Food $ 2nd Mortgage $ Utilities $ Car Payment(s) $ Condo/Neigh. Fees $ Auto Insurance $ Med not covered $ Auto fuel /repairs $ Other prop payment $ Install Loan Payment $ Cable TV $ Child Support/Alimony $ Spending Money $ Day /Child Care Tuition $ 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: 086 -PA -V2 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's or lender loan servicing company Lender 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 services provided by the above named Borrower Signature Date Co- Borrower Signature Date 086 -PA -V2 Please forward this document along with the following information to lender and Gregory Javardian, Esquire, lender counsel: Proof of income Bank statements to cover the last 60 day period If self employed, we must have the last 3 bank statements from both their business and personal bank accounts. Proof of any expected income for the last 45 days Dodd Frank Certificate 4506T -EZ form Copy of last two months utility bill Letter explaining reason for delinquency and any supporting documentation Hardship letter Listing agreement if property is currently on the market Gregory Javardian, Esquire 1310 Industrial Boulevard 2" Floor, Suite 202 Southampton, PA 18966 (tel) 215- 942 -9690 (fax) 215- 942 -9695 Attention: Jennifer McGarrity (tel) 215- 942 -2090 ext. 1326 jennifer.megarrity@Dkillc.com 086 -PA -V2 atn - SHERIFF'S OFFICE OF CUMBERLAND COUNTY LED-O F.F 1CT" n Ronny R Anderson FROTH-ONO 3AfiY Sheriff atdraiaa Jody S Smith 2013 AUG 23 PM '-2: 26 Chief Deputy f t Richard W Stewart CUMBERLAND COUNTY Solicitor OFFICE x= r: frr= PENNSYLVANIA Wells Fargo Bank, N.A. Case Number vs. 2013-4812 Victor Yuengling SHERIFF'S RETURN OF SERVICE 08/22/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit:Victor Yuengling, but was unable 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 290 Dorwood Drive, North Middleton, Carlisle, PA 17013. Residence is vacant and per the Carlisle Postmaster mail is still delivered to the address provided. SHERIFF COST: $34.78 SO ANSWERS, August 22, 2013 RbNrV R ANDERSON, SHERIFF (c)CountySuite Sheriff,Tdeosoft,Inc. #13-0616 POWERS,KIRN & JAVARDIAN, LLC , r , = By: Jill Manuel-Coughlin Attorney Id# 63252 1310 Industrial Boulevard, 2nd Floor, Suite 202 ;Q Southampton, PA 18966 <> Cn Telephone: 215-942-2090 , c Attorneys for Plaintiff CD t Wells Fargo Bank,N.A. COURT OF COMMON�PLE S ; Plaintiff CIVIL DIVISION VS. CUMBERLAND COUNTY Victor Yuengling Defendant(s) No. 13-4812 Civil PRAECIPE TO REINSTATE COMPLAINT TO THE COURT: Kindly Reinstate the Complaint in Mortgage Foreclosure for an Additional thirty(30)days. Jill M uel- oughlin Attorney Id# 63252 POWERS,KIRN& JAVARDIAN, LL Attorneys for Plaintiff Dated: September 25, 2013 08 AV-f cr gjg4 p��a4�o01�/ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff - '�`xScS:y Jody S Smith - Chief Deputy , Richard W Stewart la I } �` Solicitor ' m , Wells Fargo Bank vs. Case Number Victor Yuengling 2013-4812 SHERIFF'S RETURN OF SERVICE 09/26/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Victor Yuengling, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Montgomery, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to law. 09/26/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Victor Yuengling, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Montgomery, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to law. 09/26/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Victor Yuengling, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to law. 10/07/2013 The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure returned by the Sheriff of Dauphin County, the within named Defendant Victor Yuengling, not found. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. 10/13/2013 06:57 PM -The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure served by the Sheriff of Montgomery County upon Victor Yuengling, personally, at 2843 Rossiter Avenue,Abington, PA 19001. Eileen W. Behr, Sheriff, Return of Service attached to and made part of the within record. 10/29/2013 The Sheriff of Montgomery County, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Victor Yuengling, but was unable to locate the Defendant in his bailiwick. The Montgomery County Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Served" at 2927 Sycamore Road, Huntingdon Valley, PA 19006. SHERIFF COST: $78.00 SO ANSWERS, December 16, 2013 RbNW R ANDERSON, SHERIFF CI)tbirt Elf he ,�4vr . . Shelley Ruhl Jack Duignan Real Esta a Deputy ?^ Chief Deputy Matthew L. Owens Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg,Pennsylvania 17101-2079 ph:(717)780-6590 fax:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania WELLS FARGO BANK,N.A. VS County of Dauphin VICTOR YUENGLING Sheriff s Return No. 2013-T-2663 OTHER COUNTY NO. 2013-4812 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for VICTOR YUENGLING the DEFENDANT named in the within REINSTATED COMPLAINT IN MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, OCTOBER 1, 2013. PER DANIELLE WILLIS, RESIDENT OF ADDRESS 288 JOYA CIRCLE, HARRISBURG, PA 17112 - THE DEFENDANT NO LONGER RESIDES THERE. GOOD ADDRESS FOR DEFENDANT IS: 2843 ROSSITER AVENUE, ABINGTON, PA 19001 (MONTGOMERY COUNTY) Sworn and subscribed to So Answers, ! before me this 3RD day of October, 2013 Q� Sheriff of DpVhin Cou , P By .- COMMONWEALTH OF PENNSYLVANIA Delfutj Sheriff NOTARIAL SEAL Deputy: W CONWAY Karen M.Hoffman,Notary Public 7 City of Harrisburg,Dauphin County Sheriffs Costs: $49.25 10/1/2013 M Commission Ex ires Au ust 17,2014 30// 1% -�3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson � � Cwtit"".144,4 Sheriff Jody S Smith Richard W Stewart Chief Deputy OFD C -�T"F H R F' Solicitor Wells Fargo Bank Case Number vs. 2013-4812 Victor Yuengling ° SERVICE COVER SHEET E .:... Nerir: Q.. �, .. . .. ° Category. ,Civil Action -Notice of Residential Mortgage Foreclosure Diversion Progr Zone: ....... X Manner. Deputize Expires: 10/25/2013 Warrant. w 7 . C— Notes: o� w M 11,11011111 WE�11�ti Z g g � Sery y Adult In Charge Posted ' Other Z Name: Victor Yuen lm /� � Served. Personal) Ad Primary 2927 Sycamore Road Adult In e Z Address: ; Charge: Valley, PA 18006 g : � Phone: DOB: Relation: QAlternate 12843 Rossiter Avenue Date: Time: 0 Address: Abington, PA 19001 LU m rt� � Phone: Deputy. " Mileage: p . �_ .. ......... tt... 2 Attrre /Q # r ° v}i Name: Powers Kirn &Javardian, LLC Phone: :215-942-9690 N N Service Date: p-2Z 13 (� Zy-�3 025 - 13 Time: ( O os 1 0 1 5 0900 00 M Mileage: N OV C.0 NoncF Co:jr" c.a c Deputy: N 1111._..__ 41'?g:. ci U � Now, September 26, 2013 I, Sheriff of Cumberland County, Pennsylvania do hereby deputize the Sheriff of Montgomery Z County to execute service of the documents herewith and make return thereof according to law. Z Return To: Lu Cumberland County Sheriffs Office One Courthouse Square Carlisle, PA 17013 onny R Anderson, Sheriff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Ut Sheriff Jody S Smith Richard W Stewart Chief Deputy )9�--E= T"E t`FRIF� Solicitor Wells Fargo Bank Case Number vs. 2013-4812 Victor Yuengling SERVICE COVER SHEET CD 0 S 4, 1, w 4 — W) Category. :Civil Action -Notice of Residential Mortgage Foreclosure Diversion Progri Zone: X Manner. Deputize Expires: 10/25/2013 I Warrant: W Notes: 0 0 a. inal 4 F 0 ers Name: �Victor Yuengling Served.lmn I Adult In Charge Posted Other Primary 2843 Rossiter Avenue Adult In Address: Abington, PA 19001 Charge: U1 Relation: Phone: DOB: Z W < Alternate 288 Joya Circle Date: Time: 0,65- 7 W Address: Harrisburg, PA 17112 Lu U) Phone: Deputy. f i�Q Mileage: 0 'Aft 6y I Qggl',"' 00 00 Name: 'Powers Kim &Javardian, LILC Phone: 215-942-9690 M -001W -bry 0, t 4 1ce'AA A Date: 13 04 Time: 00 "T Mileage: Q Deputy: C4 URI N �p 'N P 0 > Now, September 26, 2013 1, Sheriff of Cumberland County, Pennsylvania do hereby deputize the Sheriff bf Oonj4mery Z County to execute service of the documents herewith and make return thereof according to law. << 0 Z Return To: Lu Cumberland County Sheriffs Office One Courthouse Square Carlisle, PA 17013 W6nny R Anderson, Sheriff F SWERS,KIRN&JAVARDIAN,LLC GREGORY JAVARDIAN,ESQUIRE Id.No. 55669 MARY F.KENNEDY,ESQUIRE Id.No. 77149 MEGHAN K. BOYLE,ESQUIRE Id.No.201661 SEAN P.MAYS ESQUIRE Id No. 307518 RICHARD J.NALBANDIAN,111,ESQUIRE Id No. 312653 #E FEB6 All 2: y 1310 INDUSTRIAL BOULEVARD 2nd Floor, SUITE 201 I •,, SOUTHAMPTON,PA 18966 (215)942-2090 Wells Fargo Bank,N.A. COURT OF COMMON PLEAS 4101 Wiseman Boulevard San Antonio, TX 78251 CUMBERLAND COUNTY VS. No.: 1:-_3 4812 Victor Yuengling 2843 Rossiter Avenue Abington, PA 19001 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against Victor Yuengling , Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As Set forth in Complaint $269,002.74 Interest 7/13/2013 to 2/11/2014 9462 . 87 TOTAL $278,465.61 I hereby certify that(1)the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. 11 /Pig 2 ❑ re ry Javardian,Esquire Id.N . 5 669 ill Manuel-Coughlin, Esquire Id. o 63252 ❑Daniel C. Fanaselle, Esquire Id.No. 312292 ❑Richard J.Nalbandian, Esquire Id.No. 312653 Attorneys for Plaintiff Damages are hereby assessed as indicated. DATE: PROTHONOTARY }���•� aG� isms #13-0616 POWERS,KIRN&JAVARDIAN,LLC GREGORY JAVARDIAN,ESQUIRE ID.NO.55669 JILL MAN'UEL-COUGHLIN,ESQUIRE ID.NO,63252 JOLANTA PEKALSKA,ESQUIRE ID.NO.307968 DANIEL C.FANASELLE,ESQUIRE ID.NO.312292 RICHARD J.NALBANDIAN,III,ESQUIRE ID.NO,312653 MATTHEW J.MCDONNELL,ESQUIRE ID.NO.313549 1310 INDUSTRIAL'BOULEVARD 2ND FLOOR,SUITE 202 SOUTHAMPTON,PA 18966 (215)942-2090 ATTORNEYS FOR PLAINTIFF WELLS FARGO BANK,N.A. IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY VS. NO. 13-4812 CIVIL VICTOR YUENGLING DEFENDANT Victor Yuengling Victor Yuengling 290 Dorwood Drive 2843 Rossiter Avenue Carlisle,PA 17013-2133 Abington,PA 19001 DATE OF NOTICE:January ,2014 NOTICE,RULE 237.1 IMPORTANT NOTICE You are in default because you have failed to take action required by you in this case. Unless you act within ten(10) days from the date of this notice,a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one,go to or telephone the following office to find out where you can get legal help. MidPenn Legal Services Cumberland County Bar Association 8 Irvine Row 32 S.Bedford Street Carlisle,PA 17013- Carlisle,PA 17013- Phone:717-243-9400 Phone:717-249-3166 Powers, i n&Java dian, LLC BY ❑ rego Javar ' n,Esquire Id. o.5566' Jill Ma', el-Coughlin,Esquire Id.No.0262 ❑ Jolanta Pekalska,Esquire Id.No.307968 • Daniel C.Fanaselle,Esquire Id.No.312292 • Richard J.Nalbandian,111,Esquire Id.No. 312653 ❑Matthew J.McDonnell,Esquire Id.No.313549 Usted se encuentra en estado de rebeldia por no haber tomado la accion requiida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez(10)dias de esta notificacion,el tribunal podra,sin necesidad de compararecer usted en torte o escuchar prueba atguna,dictar sentencia en su contra,usted puede perder bienes y otros derechos importantes. Debe llevar esta notification a un abogado immediatemente si usted no tiene abogado,o si no tiene dinero suftciente para tal servicio,vaya en persona o llame por telpfono a la oficina,cuya direction se encuentra escrita abajo Para averiguar donde se puede conseguir assistencia legal. "NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE" POWERS,KIRN&JAVARDIAN, LLC GREGORY JAVARDIAN,ESQUIRE Id.No. 55669 JILL MANUEL-COUGHLIN,ESQUIRE Id.No. 63252 DANIEL C.FANASELLE,ESQUIRE Id.No. 312292 RICHARD J.NALBANDIAN,III,ESQUIRE Id No. 312653 1310 INDUSTRIAL BOULEVARD 2nd Floor, SUITE 201 SOUTHAMPTON,PA 18966 (215)942-2090 Wells Fargo Bank,N.A. COURT OF COMMON PLEAS vs. CUMBERLAND COUNTY 13 Victor Yuengling No.: 464-4812 VERIFICATION OF NON-MILITARY SERVICE Jill Manuel-Coughlin, Esquire, hereby verifies that he/she is 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) Defendant(s), Victor Yuengling , is/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, 50 U.S.C.S. Appx. §§ 501 et. seq. (b) Defendant, Victor Yuengling, is over 18 years of age, and resides at 2843 Rossiter Avenue, Abington, PA 19001. (c) Plaintiff, Wells Fargo Bank,N.A., is an institution conducing business under the Laws of the Commonwealth of Pennsylvania with an address of 4101 Wiseman Boulevard, San Antonio, TX 78251. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. I f y ❑ re4 ry Javardian,Esquire Id.N 669 Jill Manuel-Coughlin, Esquire Id. . 63252 ❑Daniel C. Fanaselle, Esquire Id.No. 312292 ❑Richard J.Nalbandian,Esquire Id.No. 312653 Attorneys for Plaintiff OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: Victor Yuengling 290 Dorwood Drive Carlisle, PA 17013-2133 Wells Fargo Bank,N.A. COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY vs. No.: 1-4812 Victor Yuengling Defendant(s) NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession by Default _Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY: Powers, Kim&Javardian, LLC at this telephone number: (215)942-2090. #13-0616 POWERS KIRN & ASSOCIATES, LLC By: Jill Manuel -Coughlin Attorney Id # 63252 1310 Industrial Boulevard 2nd Floor, Suite 202 Southampton, PA 18966 Telephone: 215-942-2090 Attorneys for Plaintiff 2O14 CLINSERL AND P NNSYL° COUNT Wells Fargo Bank, N.A. vs. Victor Yuengling Plaintiff Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 13-4812 Civil SUBSTITUTION OF ATTORNEY AND PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of: Wells Fargo Bank, N.A.. I hereby certify that this change is not intended to, nor it will it, delay this proceeding to the best of my knowledge, information and belief. Papers may be ved at the address set f•rth below. J'J/\ an el- oughlin Attorney Id # 63252 P S WERS KIRN & ASSOCIATES, LLC Attorneys for Plaintiff PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of: Wells Far Bank, N.A.. Dated: N Sean P. ys, Esqui 1310 Ind strial .evard First Floor, uite 101 Southampton, PA 18966 #13-0616 POWERS KIRN & ASSOCIATES, LLC By: Jill Manuel -Coughlin Attorney Id # 63252 1310 Industrial Boulevard 2nd Floor, Suite 202 Southampton, PA 18966 Telephone: 215-942-2090 Attorneys for Plaintiff Wells Fargo Bank, N.A. COURT OF COMMON PLEAS vs. Victor Yuengling Plaintiff Defendant(s) CIVIL DIVISION CUMBERLAND COUNTY No. 13-4812 Civil CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Substitution of Appearance was sent by first class mail, postage pre -paid, upon the following on the date listed below: Dated: Victor Yuengling 290 Dorwood Drive Carlisle, PA 17013 Jill Mdnuel-Coughlin Attorney Id # 63252 POWERS KIRN & ASSOCIATES, LLC Attorneys for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Wells Fargo Bank, N.A. 4101 Wiseman Boulevard San Antonio, TX 78251 vs. Victor Yuengling 2843 Rossiter Avenue Abington, PA 19001 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 13-4812 PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly issue Writ of Execution in the above matter. Amount Due Interest from 2/11/2014 to Date of Sale @ StigEZZ9 per diem 711 Subtotal (Costs to be added) 0)14 5.°`.5- 3-4 tts•SDll << x,013. A% $278,465.61 $17,625.30 ViC s, Ki ' : Associates, LLC ❑ 1 'anuel-Co :hlin, Esquire Id. No. 63252 ❑Joa Pekal a, Esquire, Id. No. 307968 arty B. Reese, Esquire, Id. No. 310501 ❑Daniel C. Fanaselle, Esquire, Id. No. 312292 ❑Matthew J. McDonnell, Esquire Id. No. 313549 Attorneys for Plaintiff Eight Neshaminy Interplex Suite 215 Trevose, PA 19053 215) 942-2090 �a. it y99s 3rA0ov ALL THAT CERTAIN TRACT OF LAND WITH IMPROVEMENTS THEREON - ERECTED STIUATE IN NORTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED IN ACCORDANCE WITH FINAL SUBDIVISION PLAN OF KENDOR SUMMIT AS LAST REVISED ON JANUARY 23 1987 , PREPARED BY GERRIT J. BETZ ASSOCIATES, INC. CONSISTING OF TWO PAGES, COPIES OF WHICH WERE RECORDED ON APRIL 10, 1987, IN THE HEREINAFTER NAMED RECORDER'S OFFICE IN PLAN BOOK 52, PAGE 111, AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERN LINE OF 50 FEET WIDE DORWOOD DRIVE AT THE DIVIDING LINE BETWEEN LOTS NOS. 9 AND 10; THENCE FROM SAID WESTERN LINE OF 50 FEET WIDE DORWOOD DRIVE BY A CURVE TO THE RIGHT HAVING A RADIUS OF 275.00 FEET AN ARC DISTANCE OF 30.00 FEET TO THE POINT; THENCE STILL ALONG SAID WESTERN LINE OF 50 FEET WIDE DORWOOD DRIVE, SOUTH 24 DEGREES 21 MINUTES 50 SECONDS EAST A DISTANCE OF 101.42 FEET TO A POINT; THENCE STILL ALONG THE WESTERN LINE OF SAID 50 FEET WIDE DORWOOD DRIVE BY A CURVE TO THE LEFT HAVING A RADIUS OF 325.00 FEET AN ARC DISTANCE OF 62.47 FEET TO A POINT AT THE DIVIDING LINE BETWEEN LOTS NOS. 8 AND 9: THENCE ALONG SAID DIVIDING LINE BETWEEN LOTS NOS. 8 AND 9 SOUTH 43 DEGREES 02 MINUTES 25 SECONDS WEST A DISTANCE OF 201.20 FEET TO A POINT IN LINE OF LAND NOW OR FORMERLY OF MARLIN E. MILLER: THENCE ALONG LINE OF SAID LAND NOW OR FORMERLY OF MARLIN E. MILLER THE FOLLOWING TWO (2) COURSES AND DISTANCES; (1) NORTH 31 DEGREES 12 MINUTES 50 SECONDS WEST A DISTNACE OF 169.60 FEET TO AN IRON PIPE: AND (2) NORTH 24 DEGREES 21 MINUTES 50 SECONDS WEST A DISTANCE OF 71.44 FEET TO A POINT AT THE DIVIDING LINE BETWEEN LOTS NOS. 9 AND 10; THENCE ALONG SAID DIVIDING LINE BETWEEN SAID LOTS NO. 9 AND 10, NORTH 56 DEGREES 46 MINUTES 27 SECONDS EAST A DISTANCE OF 200.76 FEET TO A POINT ON THE WESTERN LINE OF SAID 50 FEET WIDE DORWOOD DRIVE AT THE PLACE OF BEGINNING. BEING ALL OF LOT NO. 9 AS SHOWN ON SAID FINAL SUBDIVISION PLAN OF KENDOR SUMMIT RECORDED AS AFORESAID, AND CONTAINING AND AREA OF 42,771 SQUARE FEET, MORE OR LESS. BEING NO. 209 DORWOOD DRIVE BEING THE SAME PREMISES RONALD M. JONES AND AMY M. JONES, H/W , BY DEED DATED JANUARY 10, 2008 AND RECORDED JANUARY 22, 2008 IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY IN DEED INSTRUMENT NUMBER: 200802083, GRANTED AND CONVEYED UNTO VICTOR YUENGLING , AN ADULT INDIVIDUAL. BEING KNOWN AS: 290 DORWOOD DRIVE, CARLISLE, PA 17013-2133 PARCEL #29-07-0471-054 POWERS, KIRN & ASSOCIATES, LLC JILL MANUEL-COUGHLIN, ESQUIRE Id. No. 63252 JOLANTA PEKALSKA, ESQUIRE Id No. 307968 HARRY B. REESE, ESQUIRE Id No 310501 DANIEL C. FANASELLE, ESQUIRE Id No. 312292 MATTHEW J. MCDONNELL, ESQUIRE Id No. 313549 Eight Neshaminy Interplex Suite 215 Trevose, PA 19053 215-942-2090 Wells Fargo Bank, N.A. vs. Victor Yuengling n COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 13-4812 CERTIFICATION TO SHERIFF OF CUMBERLAND COUNTY AS TO THE SALE OF REAL ESTATE I hereby certify that I am the attorney for the Plaintiff in this Mortgage Foreclosure Action and further certify this Property is: 0 FHA () Tenant Occupied () Vacant () Commercial () As a result of Complaint in Assumpsit (*) Act 91 complied with IAy Pow- Ki'W & Associates, C ❑JiI1)4anuel-Coughlin, Esq re Id. No. 63252 ❑Jgt'anta Pekalska, Esquire, d. No. 307968 arry B. Reese, Esquire, Id. No. 310501 ❑Daniel C. Fanaselle, Esquire, Id. No. 312292 ❑Matthew J. McDonnell, Esquire Id. No. 313549 Attorneys for Plaintiff Wells Fargo Bank, N.A. COURT OF COMMON PLEAS vs. CUMBERLAND COUNTY Victor Yuengling No.: 13-4812 AFFIDAVIT PURSUANT TO RULE 3129.1 Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 290 Dorwood Drive, Carlisle, PA 17013-2133: 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Victor Yuengling 2843 Rossiter Avenue Abington, PA 19001 2. Name and address of Defendant(s) in the judgment: Victor Yuengling 2843 Rossiter Avenue Abington, PA 19001 •"" ,Z7SAI f-• -- csisi C-7) • ., 7-1 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Plaintiff. Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Cumberland County Domestic Relations Cumberland County Tax Claim Bureau PA Department of Public Welfare Bureau of Child Support Enforcement Last Known Address (if address cannot be reasonably ascertained, please indicate) 13 North Hanover Street P.O. Box 320 Carlisle, PA 17013 1 Courthouse Square Old Courthouse, Room 106 Carlisle, PA 17013 Health and Welfare Building — Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenants/Occupants 290 Dorwood Drive Carlisle, PA 17013-2133 I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsific tion to thorities. Pow r ., Kirn &' s o ciates, LLC ❑ Jill anuel-Cow, in, Esquire Id. No. 63252 ❑ J anta Pekalska, Esquire, Id. No. 307968 arry B. Reese, Esquire, Id. No. 310501 ❑Daniel C. Fanaselle, Esquire, Id. No. 312292 ❑Matthew J. McDonnell, Esquire Id. No. 313549 Attorneys for Plaintiff November 4, 2014 POWERS, KIRN & ASSOCIATES, LLC JILL MANUEL-COUGHLIN, ESQUIRE Id. No. 63252 JOLANTA PEKALSKA, ESQUIRE Id No. 307968 HARRY B. REESE, ESQUIRE Id No 310501 DANIEL C. FANASELLE, ESQUIRE Id No. 312292 MATTHEW J. MCDONNELL, ESQUIRE Id No. 313549 Eight Neshaminy Interplex Suite 215 Trevose, PA 19053 215-942-2090 Wells Fargo Bank, N.A. vs. Victor Yuengling COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 13-4812 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Victor Yuengling 2843 Rossiter Avenue Abington, PA 19001 Your house (real estate) at 290 Dorwood Drive, Carlisle, PA 17013-2133, is scheduled to be sold at Sheriffs Sale on March 4, 2015 at 10:00 A.M., in the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of $278,465.61, obtained by Wells Fargo Bank, N.A., against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled 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) 942-2090. 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. 3. 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. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 942-2090. 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 Powers, Kirn & Associates, LLC at (215) 942-2090. 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 schedule of distribution of the money bid for your house will be filed by the Sheriff. 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. 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 (800) 990-9108 `ALL THAT CERTAIN TRACT OF LAND WITH IMPROVEMENTS THEREON ERECTED STIUATE IN NORTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED IN ACCORDANCE WITH FINAL SUBDIVISION PLAN OF KENDOR SUMMIT AS LAST REVISED ON JANUARY 23 1987 , PREPARED BY GERRIT J. BETZ ASSOCIATES, INC. CONSISTING OF TWO PAGES, COPIES OF WHICH WERE RECORDED ON APRIL 10, 1987, IN THE HEREINAFTER NAMED RECORDER'S OFFICE IN PLAN BOOK 52, PAGE 111, AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERN LINE OF 50 FEET WIDE DORWOOD DRIVE AT THE DIVIDING LINE BETWEEN LOTS NOS. 9 AND 10; THENCE FROM SAID WESTERN LINE OF 50 FEET WIDE DORWOOD DRIVE BY A CURVE TO THE RIGHT HAVING A RADIUS OF 275.00 FEET AN ARC DISTANCE OF 30.00 FEET TO THE POINT; THENCE STILL ALONG SAID WESTERN LINE OF 50 FEET WIDE DORWOOD DRIVE, SOUTH 24 DEGREES 21 MINUTES 50 SECONDS EAST A DISTANCE OF 101.42 FEET TO A POINT; THENCE STILL ALONG THE WESTERN LINE OF SAID 50 FEET WIDE DORWOOD DRIVE BY A CURVE TO THE LEFT HAVING A RADIUS OF 325.00 FEET AN ARC DISTANCE OF 62.47 FEET TO A POINT AT THE DIVIDING LINE BETWEEN LOTS NOS. 8 AND 9: THENCE ALONG SAID DIVIDING LINE BETWEEN LOTS NOS. 8 AND 9 SOUTH 43 DEGREES 02 MINUTES 25 SECONDS WEST A DISTANCE OF 201.20 FEET TO A POINT IN LINE OF LAND NOW OR FORMERLY OF MARLIN E. MILLER: THENCE ALONG LINE OF SAID LAND NOW OR FORMERLY OF MARLIN E. MILLER THE FOLLOWING TWO (2) COURSES AND DISTANCES; (1) NORTH 31 DEGREES 12 MINUTES 50 SECONDS WEST A DISTNACE OF 169.60 FEET TO AN IRON PIPE: AND (2) NORTH 24 DEGREES 21 MINUTES 50 SECONDS WEST A DISTANCE OF 71.44 FEET TO A POINT AT THE DIVIDING LINE BETWEEN LOTS NOS. 9 AND 10; THENCE ALONG SAID DIVIDING LINE BETWEEN SAID LOTS NO. 9 AND 10, NORTH 56 DEGREES 46 MINUTES 27 SECONDS EAST A DISTANCE OF 200.76 FEET TO A POINT ON THE WESTERN LINE OF SAID 50 FEET WIDE DORWOOD DRIVE AT THE PLACE OF BEGINNING. BEING ALL OF LOT NO. 9 AS SHOWN ON SAID FINAL SUBDIVISION PLAN OF KENDOR SUMMIT RECORDED AS AFORESAID, AND CONTAINING AND AREA OF 42,771 SQUARE FEET, MORE OR LESS. BEING NO. 209 DORWOOD DRIVE BEING THE SAME PREMISES RONALD M. JONES AND AMY M. JONES, HJW , BY DEED DATED JANUARY 10, 2008 AND RECORDED JANUARY 22, 2008 IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY IN DEED INSTRUMENT NUMBER: 200802083, GRANTED AND CONVEYED UNTO VICTOR YUENGLING , AN ADULT INDIVIDUAL. BEING KNOWN AS: 290 DORWOOD DRIVE, CARLISLE, PA 17013-2133 PARCEL #29-07-0471-054 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. VICTOR YUENGLING WRIT OF EXECUTION NO 13-4812 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: $278,465.61 L.L.: $.50 Interest FROM 2/11/2014 TO DATE OF SALE @ $45.78 PER DIEM - $17,625.30 Atty's Comm: Atty Paid: $273.28 Plaintiff Paid: Date: 11/19/2014 (Seal) Due Prothy: $2.25 Other Costs: David D. Buell, Prothonotary_ Deputy REQUESTING PARTY: Name: HARRY B. REESE, ESQUIRE Address: POWERS, KIRN & ASSOCIATES, LLC EIGHT NESHAMINY INTERPLEX SUITE 215 TREVOSE, PA 19053 Attorney for: PLAINTIFF Telephone: 215-942-2090 Supreme Court ID No. 310501 #13-0616 POWERS KIRN & ASSOCIATES, LLC Eight Neshaminy Interplex, Suite 215 Trevose, PA 19053 Telephone: 215-942-2090 Attorneys for Plaintiff Wells Fargo Bank, N.A. Plaintiff vs. : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY Victor Yuengling : No. 13-4812 Civil : AFFIDAVIT PURSUANT TO RULE 3129.2 Defendant(s) Plaintiff, by and through its undersigned counsel, says: 1. On December 30, 2014, a copy of the Notice of Sheriff's Sale of Real Property was served upon the defendant, Victor Yuengling, by a private process server. A copy of the service return is attached hereto and made a part hereof as Exhibit "A". 2. On January 7, 2015, a copy of the Notice of Sheriff's Sale was served upon lien holders of record and interested parties by ordinary mail. A copy of the certificate of mailing is attached hereto and made a part hereof as Exhibit "B". 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. Section 4904 relating to unsworn falsification to authorities. POWERS KIRN & ASSOCIATES, LLC By € i, ' t,g ❑ 1 1 -Coughlin, squire Id. No. 63252 ❑ olanta Pekalska, Esouire Id. No. 307968 Harry B. Reese, Es4'uire Id. No. 310501 ❑ Daniel C. Fanaselle, Esquire Id. No. 312292 ❑ Matthew J. McDonnell, Esquire Id. No. 313549 O Paige M. Bellino, Esquire Id. No. 309091 O Katherine Knowlton Lopez, Esquire Id. No. 311713 Attorneys for Plaintiff Dated: January 12, 2015 Service's ror Profeoelooalo Inc/J Wells Fargo Bank, N.A. -vs- Victor Yuengling 235 SOUTH 13TH STREET PHILADELPHIA. PA 19107 PHONE: (215) 546-7400 FAX• {215) 985.0169 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: d IiYD9 irPS !(;!ilii NOUOnor Assoba,On of Prtrladelpefe Assoc aS,on Professional Process Servers of Prolessronal Process Servers COURT Court of Common Pleas of Pennsylvania COUNTY Cumberland County CASE NUMBER 13.4812 AFFIDAVIT OF SERVICE B&R Control # CS121634- 1 Reference Number 13-0616 Ron Stein, being duly sworn according to law, deposes and says that he/she is the process server/sheriff herein named, and that the facts set forth below are true and correct to the best of their knowledge, information and belief. On December 30, 2014 we received the NOTICE OF SHERIFF SALE , and that service was effected upon VICTOR YUENGLING at 2843 Rossiter Avenue Abington PA 19001, on the 3 DAY OF JANUARY, 2015 at 2:OOPM, in the manner described below: By personal service upon Victor Yuengling. Description Age Height Other Process Server/Sheriff( Weight Race VVh ite Sex M Hair comtrlart oL Hor -> � 4.. ! Sworn in G NOTARIAL SEAL JAMilik JAMISON. Notary Public City of Philadelphia, Phila. County M Commission Expires February 13, 2016 Law Firm Phone (215)942-2090 Desires D. Smith Powers, Kirn & Associates Eight Neshaminy Interplex Suite 215 Trevose, PA 19053 Identification # ORIGINAL o and subs ribe.d before me this > BR Serve By 1/29/2015 Filed Date Sale 3/4/2015 Civil NAME AND ADDRESS OF SEND INDICATE TYPE OF MAIL CHECK APPROPIATE RLOCK FOR POSTMARK AND DATE OF RECEIPT Powers, Kirn & Associates 1310 Industrial Boulevard, Suite 101 Southampton, PA 18966 X Certificate Mailing 0 Insured 0 COD ❑ Certified Mail Registered Mail: 0 With Postal Insurance ❑ Without Postal Insurance Affix stamp here if issued as certificate of mailing or for additional copies of this bill. Line Number of Article Name of Addressee, Street, and Post-0ffice Address Postage Fee Handling Charge Act_ Value (If Regis.) Insured - Value Due Sender If C.O.D, R.R. Fee S.D. Fee S.H. Fee Rest. Del. Fee Remarks 1 Cumberland County Domestic Relations 13 North Hanover Street P.O. Box 320 Carlisle, PA 17013 4.1,1/4!",,,,,,_•' . ;y ' + PITNEY BOWES �' F $ 001.88° ,�- 02 1 P 00031 94302 JAN 07 201 5 2. v.: MAILED FROM ZIP CODE 19053 2 Cumberland County Tax Claim Bureau 1 Courthouse Square Old Courthouse, Room 106 Carlisle, PA 17013 3 PA Department of Public Welfare Bureau of Child Support Enforcement Health and Welfare Building — Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675k ��-Le. .)' t --C,..-. 4 Tenants/Occupants 290 Dorwood Drive Carlisle, PA 17013-2133 ee<r`r g-;', ie? —'� .' . 103 5 1�`�C.t) 6 7 "---.—_ .....;---"' Total Number of Pieces Listed by Sender ik. POSTMASTER, (Name of receiving PER employee) v ' The full declaration of value is required on alt domestic and international registered mail. The maximum indemnity payable for nonnegotiable documents under Express Mail document reconstruction insurance is S50,000 per piece subject to a limit of S50,000 per occurrence. The maximum indemnity payable on Express Mail merchandise insurance is S500. The maximum indemnity payable is $25,000 for Registered Mail, $500 for COD and $500 for Insured Mail. Special handling charges apply only to Third- and Fourth -Class parcels. Special delivery service also includes special handling service. PS FORM 3877 {00401776) File Name and Number 13-0616 FOR REGISTERED, INSURED, C.O.D., CERTIFIED,