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HomeMy WebLinkAbout13-6149 � For Prothonotary Use Only: . Su p r &m �e� Cc r� . Pennsylvania n n.sy lv a n i .a: r C C019 rt A �,0 M, � �P lea s ' Docket No. land Cclilum'ty 4 L V9 The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and set-vice ofpleadings or other papers as required by law or rules of court. Commencement of Action: S ® Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiffs Name: Wells Fargo Bank N.A. successor by merger to Lead Defendant's Name: Shane M. Doughty T Wachovia Bank, N.A. I Are there money damages requested? ❑ Yes ® No Dollar Amount Requested: ❑ within arbitration limits O (check one) ❑ outside arbitration limits N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes ® No A Name of Plaintiff /Appellant's Attorney: McCabe, Weisberg & Conway, P.C. ❑ Check here if you have no attorney (a Self - Represented (Pro Set 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 ❑ Department of Transportation ❑ Premises Liability (does not include ❑ Statutory Appeal: Other S mass tort) E ❑ Slander/Libel/ Defamation ❑ Employment Dispute: ❑ Other: Discrimination C ❑ Employment Dispute: Other ❑ Zoning Board T ❑ Other I O ❑ Other MASS TORT N ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant $ REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Disput ❑ 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: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo Bank, N.A., as successor by merger CIVIL DIVISION to Wachovia Bank, N.A., 101 North Phillips Avenue NO.: C U� Sioux Falls, SD 57104 Plaintiff, v Shane M. Doughty 31 High St. r �r �'i c Boiling Springs, PA 17007 -9201 PO Box 213�� c - Arendtsville, PA 17303 -0213 C) Y d Defendants. CIVIL ACTION — COMPLAINT IN MORTGAGE FORECLOSURE And now comes Wells Fargo Bank, N.A. as successor by merger to Wachovia Bank, N.A., by its attorneys, McCabe, Weisberg & Conway, P.C. and files this Complaint in Mortgage Foreclosure as follows: (1) The Plaintiff is Wells Fargo Bank N.A., as successor by merger to Wachovia Bank, N.A., 101 North Phillips Avenue, Sioux Falls, SD 57104 (hereinafter "plaintiff'). (2) The Defendant(s), Shane M Doughty, is an individual whose last known address is 31 High St, Boiling Springs, PA 17007 -9201, PO Box 213, Arendtsville, PA 17303 -0213. (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 May 2, 2008 Shane M Doughty, made, executed and delivered to Wachovia Bank, N.A. a Mortgage in the original principal amount of .$148,043.00 on the 062 -PA -V3 L tt 1 vi SS (p premises described in the legal description marked Exhibit `B ", attached hereto and made a part hereof. Said Mortgage being recorded in the Recorder of Cumberland County in Instrument number 200819776 on 6/13/2008. 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 Certificate of Merger dated March 20, 2010 and attached hereto as Exhibit "C ". (6) Shane M Doughty is the record and real owner(s) 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 July 15, 2011. (8) As of 09/04/2013, the amount due and owing Plaintiff on the mortgage is as follows: Principal $142,885.09 Interest From 06/21/2011 to 09/04/2013 @ 5.99% $ 18,360.69 Pre - acceleration Late Charges $68.50 Property Inspections $318.00 Appraisal/Brokers Price Opinion $0.00 Escrow Deficit $1,502.00 Total $163,134.28 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 062 -PA -V3 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. WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $163,134.28 with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. c�C kSe, be &Conway, P.C. By: [ .] T NCE J. McCABE, ESQ [ ] -C S. WEISBERG, ESQUI [ ARD D. CONWAY, ESQUIRE [ ] MARGARET GAIRO, ESQUIRE [ ] ANDREW L. MARKOWITZ, ESQUIRE [ ] HEIDI R. SPIVAK, ESQUIRE [ ] MARISA J. COHEN, ESQUIRE [ ] KEVIN T. MCQUAIL, ESQUIRE [ ] CHRISTINE L. GRAHAM, ESQUIRE [ ] BRIAN T. LAMANNA, ESQUIRE [ ] JOSEPH F. RIGA, ESQUIRE [ ] JOSEPH� FOLEY, SQUIRE Dated: // , 2013 062 -PA -V3 VERIFICATION Tracy Van Zante 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 - Complaint 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. B Name: Tracy Van Zante Title: Vice President Loan Documentation Company: Wells Fargo Bank, N.A. Date: 086 -PA -V2 BK:08 LOC: LN TP:69 Ref. No. RC:0005285 147900100 Date: 05/02/08 Acct. No. Note SHANE DOUGHTY �� 31 HIGH ST ,/(�/, % A BOILING SPRINGS, PA 17007 1. BORROWER(S) PROMISE TO PAY. In return for a loan that 1 have received, the undersigned Borrowers) (hereinafter referred to as "I," "me," or "my') jointly and severally promise to pay to Wachovia Bank, National Association, a national banking association organized and existing under the laws of the United States of America ( "Lender"). the sum of $ 148043.00 (this amount will be called "Principal"), plus daily simple interest ("interest") beginning on the date that Principal is advanced. The Principal may include points, origination fees and other amounts permitted by applicable law. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note and who is entitled to receive payments under this Note will be called the "Note Holder." 2. INTEREST. Interest will accrue on the entire Principal balance outstanding at anytime. Notwithstanding anything to the contrary, I do not agree to pay and the Note Holder does not intend to charge any Interest at a rate that is higherthan the maximum rate of Interest that could be charged under applicable law for the extension of credit that is agreed to under this Note (either before or after maturity). If any notice of Interest accrual is sent and is in error, and if the Note Holder actually collects more Interest than allowed by law or this Note, the Note Holder agrees to refund any such excess Interest. 1 agree to pay Interest on the unpaid Principal balance of this Note owing after maturity, and until paid in full at the same rate in effect before maturity. I agree that any loan origination fee paid to the Note Holder is earned as of the date of this Note. Interest accrues on the Principal remaining unpaid from time to time, until paid in full. The Interest Rate, as defined in this Section 2 below, will be charged at a rate of 1 1365th of the Interest Rate for each day, or 1/366th of the Interest Rate for each day in any leap year, applied against that day's outstanding Principal balance. The dollar amount of the finance charge and the payments disclosed to me for this credit transaction are based upon my payments being received by the Note Holder on the date payments are due. If my payments are received after the due date, even if received before the date a Late Charge as permitted by Section 4 applies, I may owe additional and substantial money at the end of the credit transaction and there may be little or no reduction of Principal. This is a result of the accrual of daily Interest. To the extent that any fees or charges are added to the Principal balance, they will thereafter bear Interest and i agree to pay this interest. I understand that in the event my first payment due date is more than one month from the date of this Note, one or more of my initial payments may not pay all of the interest owed on the date of the payment and therefore i may not reduce the outstanding Principal balance. If the governing law which applies to this Note sets maximum loan charges and is finally interpreted so that the Interest and other charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) anysuch Interest or other charge shall be reduced by the amount necessary to reduce the Interest or other 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 1 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 payment. Check One: Q Fixed Rate: I agree to pay Interest on the outstanding Principal balance at a fixed annual rate of 5.99 ( "Interest Rate "). ❑ Adjustable Rate- (A) Interest Rate: I agree to pay Interest on the outstanding Principal balance at the initial annual rate of N /A % ( "Interest Rate ") until the first Change Date as defined in Paragraph (B) below. Thereafter, the Interest Rate I pay may change as of each Change Date and will be calculated pursuant to Paragraph (D) below. My initial annual rate may not be related to the formula used to determine later rates. (B) Date Definitions: (1) Change Date: Each date on which the Interest Rate may change is called the Change Date. The Interest Rate may change and every month(s) thereafter. (ii) Index Date: The 25th day of each month is an "Index Date." If the Index is not published on the 25th day of the month, then the Index Date shalt be the first day prior to the 25th day of the month on which the Index is published. (iii) Look -back Date: The date that is 30 days prior to a Change Date is called the "Look -back Date." (C) The Index: Check One: ❑ The "Index" is the "Prime Rate" as published on the Index Date in the "Money Rates" section of The Wall Sh-eetJoumel, Eastern Edition. If there is more than one Prime Rate published on an Index Date, then the Note Holder will use the higher of such prime rates. If this Index ceases to exist, the Note Holder may substitute another Index (and Margin, as described in Paragraph (D) below) which movement approximates the movement of the Prime Rate. 565957 (Rev 06) 101`6 (10/07) Mufti -State Real Estate Note ❑ The "Index" is the average of interbank offered rates for month U.S. dollar- denominated deposits in the London market ( "LIBOR ") as published on the Index Date in the "Money Rates" section of The WaIY Street Journal, Eastern Edition. If there is more than one LIBOR published on an Index Date, then the Note Holder will use the higher of such LIBOR rates. If this Index ceases to exist, the Note Holder may substitute another Index (and Margin, as described in Paragraph (D) below) which movement approximates the movement of LIBOR. (D) Calculation of New Interest Rate: The new annual Interest Rate that will be applicable beginning on each Change Date will be determined as follows: Check One: ❑ The new annual Interest Rate will be equal to the Index published on the Index Date forthe calendar month immediately preceding the Look -back Date for that Change Date, rounded down to the nearest .01 %, plus percentage point(s) ( "Margin "). Subject to any applicable limitations set forth in Paragraph (E), this new Interest Rate will become effective on each Change Date. ❑ The new annual Interest Rate will be equal to the Index published on the Index Date for the calendar month immediately preceding that Change Date, rounded down to the nearest .01 %, plus percentage point(s) ( "Margin "). Subject to any applicable limitations set forth in Paragraph (E), this new Interest Rate will become effective on each Change Date. (E) Limits on Interest Rate Changes: My Interest Rate will never be greater than % or less than O %. ❑ If this box is checked, the Interest Rate will be subject to the additional limitations on increases. The Interest Rate I am required to pay at the first Change Date will never be greater than %. Thereafter increases will be subject to an additional limitation on each Change Date such that the Interest Rate I pay will never be increased on any single Change Date by more than 2% from the Interest Rate I have been paying for the preceding 12 months. ❑ If this box is checked, there will be no additional limitation on increases in my Interest Rate. (F) Notice of Changes: The Note Holder will deliver or mail to me a notice of any changes in my Interest Rate as required by applicable law. The notice will include information about any changes to my payment amount. 3. PAYMENTS. (A) Payment Options and Schedule: Check One: ❑ Interest Payments: I will pay accrued Interest beginning on as follows: check one: ❑ monthly or ❑ quarterly ("interest Payments "). The amount of each Interest Payment will vary depending upon the amount of principal outstanding, the date principal payments or installment payments are received and if Section 2 of this Note provides for an Adjustable Rate, the Interest Rate then in effect. In addition, I will make the following Payments: Check One: ❑ Principal Reduction Payments and/or a Balloon Payment: In addition to the Interest Payments, I will make Principal Payments as set forth in the Payment Schedule below: ❑ Installment Payments: For purposes of this Section 3, the "Payment Change Date" is the first payment due date that is at least 26 days after the "Anniversary Date." The Anniversary Date is the date that is year(s) after the Note Date. Beginning on the Payment Change Date, in place of Interest Payments, I will make installment payments of Principal and Interest. On the Anniversary Date, the Note Holder will determine the ❑ monthly or ❑ quarterly payment amount that would be sufficient to repay the unpaid principal balance in full over the of a period of time ending on the Maturity Date as defined in Paragraph (D) with interest at the rate set in accordance with Section 2. The result of this calculation will be my new payment amount. The Note Holder will give me notice of this new payment amount. This payment amount is estimated in the Payment Schedule below. If Section 2 of this Note provides for an Adjustable Rate, this payment amount may change. On each subsequent Change Date, the Note Holder will determine the ❑ monthly or ❑ quarterly payment amount that would be sufficient to repay the unpaid Principal that I am expected to owe at the Change Date in full over the remaining portion of a period of time ending on the Maturity Date as defined in Paragraph (D), below, at my new Interest Rate. The result of this calculation will be the new payment amount beginning on the first payment due date which is at least 26 days after the Change Date. 1 will pay my new payment amount until the payment amount changes again or until the Maturity Date as described in Paragraph (D). ® installment Payments or Installment Payments with a Balloon Payment: I will pay the unpaid Principal and Interest in installment payments as set forth in the Payment Schedule below. If Section 2 of this Note provides for an Adjustable Rate, the payment amounts, including the final payment, as set forth in the Payment Schedule may change. On each Change Date, the Note Holder will determine the ® monthly El quarterly ❑ semi- annual or ❑ annual payment amount that would be sufficient to repay the unpaid Principal that I am expected to owe at the Change Date in full over the remaining portion of a period of time ending on the Maturity Date as defined in Paragraph (D), below, at my new Interest Rate. The result of this calculation will be the new payment amount. 1 will pay my new payment amount beginning on the first payment due date after the Change Date until the payment amount changes again or until the Maturity Date as described in Paragraph (D). 565957 (Rev 06) 2 of 6 (10107) Multi -State Real Estate Note r Payment Schedule: Number of Payment Frequency Start/Due I Numt�er of Payment Frequency Start/Due Payments Amount Date Pe ents Amount Date 360 $887.96 M 05/15/08 $ Frequency Legend: M = Monthly Q = Quarterly S = Semi Annually A = Annuall (B) Place of Payments: I will make my payments in U.S. funds payable to the Note Holder atthe address provided to me by the Note Holder or at a different address if required by the Note Holder. (C) Application of Payments: Unless otherwise prohibited by the law governing this Note, each payment I make on this Note will first reduce the amount of accrued unpaid Interest, then any optional insurance premiumsdue, then any applicable unpaid charges and then unpaid Principal. I will make payments until I have paid all of the Principal and Interest and any other fees or charges that I may owe under the terms of this Note. (D) Maturity Date: If on 05/15138 , I still owe any amount under this Note, I will paythose amounts in full on that date which is called the "Maturity Date." (E) Optional Credit Insurance: If I have selected optional credit insurance offered by the Note Holder in connection with this loan, the payment amount(s) shown in the Payment Schedule include the premiums for the insurance coverage(s) that I have selected. I understand that the actual total premium amount 1 pay will depend upon my payment record. understand that credit life and credit disability (accident and health) insurance are not required, and that 1 may cancel them at any time by giving written notice to you. If my credit insurance is canceled, no further portion of any payments I make will be applied to credit insurance premiums. At my request, you will adjust my payment amount to reflect the cancellation of the credit insurance. If my credit insurance is cancelled and Section 2 of this Note provides for an Adjustable Rate, on the next Change Date the cancellation of the credit insurance will be considered in determining my new payment amount. (F) Balloon Payment: If the Payment Schedule requires me to make an estimated final payment that is sianificantly larger than any other payment ( "Balloon Payment "), I understand that I will be required to make this Balloon Payment on the Maturity Date 1 understand that the Note Holder is not required to refinance any Balloon Payment and that the failure to make the required Balloon Payment on the Due Date constitutes a Default underthe terms of this Note. 4. FEES AND CHARGES. In addition to Interest and other amounts I may agree to pay, I agree to pay the Note Holder the following additional fees and charges: (A) Late Charges: If a payment is not received in full within 15 days of the date it is due, I will pay a late charge equal to 4% of the unpaid portion of the scheduled payment amount. (B) Returned Payment Fee: Unless otherwise limited or prohibited by the law governing this Note, I will pay a charge of up to $25.00 for each payment (check or automatic payment) that 1 make that is returned or dishonored for any reason. (C) Origination Fee: If an origination fee or other fee or charge is charged as included on the HUD -1, HUD -1 A, or Itemization of Amount Financed prepared in connection with this loan transaction, I agree to pay such fees and charges. Except as otherwise required by law, I agree that such fees and charges are fully earned as of the date of this Note and are nonrefundable upon prepayment. (D) Additional Charges: I agree that if, during the term of this Note, I request other services related to servicing or administering my loan for which the Note Holder has a scheduled charge, I will, to the extent permitted by the law governing this Note, pay the Note Holder the then current fee for such services or request if the Note Holder agrees to perform such service or request. I understand that any such fees are fully earned when charged and are nonrefundable upon prepayment. S. BORROWER'S FAILURE TO PAY AS REQUIRED AND TERMS OF DEFAULT. (A) Terms of Default: I will be in Default under this Note if any of the following things happen: (i) If I fail to make any payment or comply with any of the terms of this Note or any other note with the Note Holder now or in the future; or (ii) If I make any false, incorrect or misleading representation or warranty at any time during the application process; or (ill) If I die; or (iv) If I become involved in any bankruptcy or Insolvency proceeding; or (v) If the collateral described in Section 6 or any schedule to this Note is used in violation of any law or regulation or if a judgment or lien is filed or levied against me or the collateral or the collateral is impaired, damaged, or removed from the custody of the Note Holder; or (vi) If I fail to abide by the term(s) of any Security Instrument or other documents described in Section 6 which secure payment of this Note. (B) Notice of Default: If I am in Default, then the entire Principal balance, accrued Interest, fees, and collection costs permitted to be collected under applicable law will be immediately due and payable. At its option or if required by law, the Note Holder may send me a written notice Informing me of said Default and acceleration. If I make any payment after the Note Holder has demanded payment of the entire balance due, my paymentwill be applied to the unpaid balance due under this Note. The unpaid balance consists of the Principal Amount remaining due, plus accrued finance charges, unpaid Late Charges, collection costs, and all other amounts due to the Note Holder under this Note. The Note Holder shall also have other rights and remedies provided by law. If the net proceeds of collateral sold do not pay my indebtedness in full, I will pay the Note Holder the difference, plus Interest at the Note Interest Rate until the unpaid balance is paid in full. Any Default of this Note will also constitute an event of Default of any separate Mortgage, Deed of Trust or Security Deed securing this Note ( "Security Instrument") or Pledge Agreement securing this Note. Upon Default, the Note Holder may proceed to enforce the terms of this Note or enforce any rights that it may have under the Security Instrument or Pledge Agreement. (C) 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 above, the Note Holder will still have the right to do so if I am in Default at a later time. Any failure to enforce any provision of this Note by the Note Holder shall not constitute any waiver of such rights of the Note Holder to subsequently enforce such rights or remedies. 565957 (Rev 06) 3016 (10107) Mufti -Stale Real Estate Note ■ AO��cnA�17.. (D) Payment of the Note Holder's Costs and Expenses: If the Note Holder has required me to pay immediately in full as described above, and I fail to do so and such failure causes the Note Holder to incur additional expenses, the Note Holder will have the right to a refund of all of its costs and expenses to the extent not prohibited by the law governing this Note. To the extent that Colorado law governs this Note, these expenses include such amounts permitted by applicable law, Including, but are not limited to, reasonable attorney's fees not in excess of 15% of the unpaid debt after default and referral to an attorney who Is not a salaried employee or such additional fees as may be awarded by the court. To the extent that any law other than the law of Colorado governs this Note, those expenses include reasonable attorneys' fees for an attorney who is not the Note Holder's salaried employee, foreclosure fees and court costs but, in no event, shall these expenses exceed fifteen percent (15 %) of the unpaid balance plus court costs. 6. THIS NOTE IS SECURED BY A SECURITY INSTRUMENT. In addition to the protections given to the Note Holder under this Note, a separate Security Instrument(s), on real property (the "Property") described in the Security Instrument and dated the same date as this Note, protects the Note Holder from possible losses that might result if I do not keep the promises that I make in this Note. The Security Instrument describes how and under what conditions 1 may also be required to make immediate payment in full of all amounts I owe under this Note. I agree to these conditions. Subjectto applicable law, I understand that this loan is subject to repayment in full in the event the Property securing this debt is sold, conveyed or otherwise transferred. If in addition to a Security Instrument, I pledge securities, cash accounts or other liquid collateral (the "Other Collateral") as Other Collateral for this Note, then I grant to the Note Holder a perfected security interest in such Other Collateral and all additions or replacements to, or proceeds of as is more fully described in the separate Collateral Pledge Agreement (the "Pledge Agreement ") executed as of the same date as this Note. The Pledge Agreement describes the Other Collateral in detail and protects the Note Holder from possible losses which might result if I do not keep the promises that I make in this Note. The Pledge Agreement also describes how and under what conditions I may also be required to make immediate payment in full of all amounts that I owe under this Note. 1 agree to these conditions. If the Other Collateral includes securities, I agree to deliver immediately to the Note Holder, fully endorsed, any certificates for shares representing any stock dividend, stock split or right to subscribe. I further pledge and agree to deliver to the Note Holder, upon demand, additional Other Collateral satisfactory to the Note Holder and in accordance with all margin requirements. If I do not provide the Note Holder with a perfected security interest in the Other Collateral and the Note Holder incurs any expenses, including attorneys' fees, in order to obtain a perfected security interest, I will be responsible for such expenses. If I do not provide or assist the Note Holder in obtaining a perfected security interest in the Property or Other Collateral and the Note Holder incurs any expenses, including attorney's fees, in order to obtain a perfected security interest in such Property or Other Collateral, to the extent not otherwise prohibited by the law governing this Note, I agree that the Note Holder may add the amount of such expenses to the Principal and that such expenses will accrue Interest at the Note Interest Rate until paid in full. 7. PREPAYMENT. (A) Subject to the order of application of payments described in Section 3, 1 have the right to make payments of Principal at any time before they are due without penalty. A prepayment of all unpaid Principal is known as a "full prepayment." A prepayment of only part of the unpaid Principal is known as a "partial prepayment." (B) If I make a partial prepayment, my next due date may be advanced. If I make a payment that is more than the amount that is due, the amount in excess of the amount due is called an "Excess Payment." If I make an Excess Payment, the Note Holder will assume that I want to reduce or skip my next scheduled payment or payments. If the Excess Payment is less than or equal to the next scheduled payment, the next scheduled payment will be reduced by the amount of the Excess Payment. If the Excess Payment exceeds the amount of my next scheduled payment, the number of payments that may be skipped will be determined by subtracting each subsequently scheduled payment from the Excess Payment. So long as the remaining portion of the Excess Payment exceeds the next scheduled payment amount, that payment may be skipped. When the remaining portion of the Excess Paymentis equal to or less than my next scheduled payment, that remaining portion will be used to reduce the amount of the next scheduled payment. If I want the Note Holder to handle an Excess Payment differently, I will tell the Note Holder in writing. I understand that Interest will continue to accrue on the outstanding principal balance and that if I want maximum Interest savings from Excess Payments, I should continue to make payments on or before the scheduled due date. S. BORROWER'S WAIVERS. I waive my rights to require the Note Holder to do certain things. Those things are: (a) to demand payment of amounts due (known as "presentment"); (b) to give notice that amounts due have not been paid (known as "notice of dishonor "); and (c) to obtain an official certification of non - payment (known as "protest "). Anyone else who agrees to keep the promises made in this Note, or who agrees to make payments to the Note Holder if I fail to keep my promises under this Note, or who signs this Note to transfer it to someone else, also waives these rights. These persons are known as "Guarantors," "Sureties," "Co- Signers" and "Endorsers." 9. GIVING OF NOTICES. (A) Any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail addressed to me at the address contained in this Note. A notice will be delivered or mailed to me at a different address if 1 give the Note Holder a notice of my different address. (B) Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address provided to me by the Note Holder. A notice will be mailed to the Note Holder at a different address if I am given a notice of that different address. 10. PAYMENT IN FULL. I AGREE THAT THE NOTE HOLDER MAY ACCEPT PAYMENTS MARKED "PAID IN FULL" WITHOUT ANY LOSS OF THE NOTE HOLDER'S RIGHTS UNDER THIS NOTE UNLESS 1 SEND THEM FOR SPECIAL HANDLING TO WACHOVIA BANK, NATIONAL ASSOCIATION, SPECIAL PAYOFFS, PO BOX 10723, ROANOKE, VA 24022. ACCEPTANCE OF ANY PAYMENT SENT TO THE SPECIAL HANDLING ADDRESS DOES NOT WAIVE THE NOTE HOLDER'S RIGHT TO SUBSEQUENTLY REJECT SUCH PAYMENT IN ACCORDANCE WITH APPLICABLE LAW. I 11. EXTENSIONS AND MODIFICATIONS. All Guarantors, Sureties, Co- Signers, Endorsers and 1 consent to any and all extensions of time, renewals, waivers or modifications which may be granted orconsented to bythe Note Holder as to the time of payment or any other provision of this Note. If in its sole discretion, the Note Holder permits an extension, 565957 (Rev 06) • of 6 (tO/07) Multistate Real Estate Note renewal or modification to this Note, I agree to pay a charge not to exceed an amount permitted by the law governing this Note. All Guarantors, Sureties, Co- Signers, Endorsers and Makers hereby waive presentment, notice of dishonor, and protest hereof. This Note is the joint and several obligation of each Maker and shall be binding upon them and their heirs, successors and assigns. 12. INSURANCE RECIUIREMENTS. I agree to purchase property/hazard insurance insuring the Property against loss and as required by the Security Instrument. I acknowledge that I may obtain property/hazard insurance from any Insurance company of my choice, subject to the Note Holder's right of approval which shall not be unreasonably withheld. Unless I provide the Note Holder with evidence of the insurance coverage required by my agreement with the Note Holder, the Note Holder may purchase insurance at my expense to protect the Note Holder's interests in the Property. This insurance may, but need not, protect my interests. The coverage that the Note Holder purchases may not pay any claim that I make or any claim that is made against me in connection with the Property. I may later cancel any insurance purchased by the Note Holder, but only after providing the Note Holder with evidence that I have obtained insurance as required by our agreement. If the Note Holder purchases Insurance for the Property, I will be responsible for the costs of the insurance, including interest and any other charges the Note Holder may impose in connection with the placement of the Insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance will be added to the Principal and will accrue Interest at the Note Interest Rate. I understand thatthe costs of the insurance obtained by the Note Holder may be more than the cost of insurance I may be able to obtain on my own. 13. RESPONSIBILITY OF PERSONS UNDER THIS NOTE. If more than one person signs this Note, each of us is jointly and severally obligated to pay the full amount owed and to keep all of the promises made in this Note. Any Guarantor, Surety, Co- Signer or Endorser of this Note (as described in Section 8 above) jointly and severally guarantee the payment, when due, to any Note Holder hereof of all amounts from time to time owing on this Note. The Note Holder may enforce its rights under this Note against each of us 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. I and any Guarantor, Surety, Co- Signer or Endorser of this Note further agrees that the failure by the Note Holder to perfect any security interestgranted by this Note shall not affect my liability or the liability of any Guarantor hereon. 14. GOVERNING LAW. This Note will be governed by and interpreted in accordance with federal law and, except as preempted by federal law, the laws of the state where the property securing this Note is located. Federal law that governs this Note includes 12 USC 85, which incorporates in part the laws of the State of North Carolina. If the Property securing this debt is located in Maryland, to the extent this Note is governed by Maryland law, this Note is governed by Md. Code Ann., Commercial Law § 12 -1001 et. seq. and applicable federal law. 15. GENERAL PROVISIONS. I agree that I may not sell, assignor otherwise transfer my rights or obligations under this Note and that such action will be void. Any person who takes over my rights or obligations under this Note by operation of low will have all of my rights and must keep all of my promises made in this Note. Any person who takes over the rights or obligations of any Guarantor, Surety, Co- Signer or Endorser of this Note is also obligated to keep all of the promises made in this Note. This Note is intended by the Note Holder and me as a complete and exclusive statement of its terms, there being no conditions to the enforceability of this Note. This Note may not be supplemented or modified except in writing signed by the Note Holder and me. This Note benefits the Note Holder, its successors and assigns, and binds me and my heirs, personal representatives and assigns. If any provision of this Note shall for any reason be held to be invalid or unenforceable, such determination shall not affect the enforceability of the remaining provisions of this Note. Headings are for convenience of reference only and shall not affect the construction of this Note or any other document associated with this loan. 16. SAVINGS AND COMPLIANCE. It is the intention of you and me to comply with applicable law. In each and every Instance, our rights shall be limited by applicable law (to the extent such laws may not be effectively waived), construed so as to comply with such laws, and our rights may not be exercised except to the extent permitted by applicable law. i No part of this agreement, nor any charge or receipt by you, is supposed to permit you to impose interest or other amounts in excess of lawful amounts. If an excess occurs, you will apply it as a creditor otherwise refund it and the rate or amount involved will automatically be reduced to the maximum lawful rate or amount. To the extent permitted by law, for purposes of determining your compliance with law, you may calculate charges by amortizing, prorating, allocating and spreading any such charges. 17. DOCUMENTARY TAX. For loans secured by real property located in Florida, the state documentary tax due on this Note has been paid on the mortgage securing this indebtedness. 565957 (Rev 06) 5 of 6 (10707) Muhl -State Real Eatete Note -NOTICE TO BORROWER: 1. CAUTION: IT IS IMPORTANT THAT THE BORROWER THOROUGHLY READS THIS NOTE BEFORE THE BORROWER SIGNS IT. 2. THIS NOTE IS SECURED BY EITHER A FIRST OR SUBORDINATE LIEN ON REAL PROPERTY. 3. THE BORROWER IS ENTITLED TO A COPY OF THIS NOTE. 4. DO NOT SIGN THIS NOTE IF IT CONTAINS ANY BLANK SPACES. 5. THE BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS NOTE. By signing and sealing this Note, 1 agree under seal to the terms set forth above. �� W [SEAL] Borrower SHANE D GHTY [ SEAL] Borrower Any Guarantor, Surety, Co- Signer or Endorser of this Note acknowledges receipt and execution of the Co- Signer's Notice. [SEAL] Guarantor - Co- Signer I [ SEAL] Guarantor - Co- Signer FOR OFFICE USE ONLY Endorsement. Pay to the Order of VVithout Recourse By: Name: Title: 66SOS7 (Rev 06) 6 of 6 (10/07) Multi -State Real Estate Note TRUTH -IN- LENDING DISCLOSURE STATEMENT Date of Disclosure Statement: 05102/08 Visit No.: 0811500177 Borrower(s): SHANE DOUGHTY Creditor- Wachovia Bank, National Association 1525 WEST W T HARRIS BLVD CHARLOTTE NC 282880376 The words "I," "me," and "m refer to Borrowers and "you" and "your" refer to Wachovia Bank, National Association. ANNUAL PERCENTAGE RATE: FINANCE CHARGE: Amount Financed: The amount of Total of Payments: The amount I The cost of my credit as a yearly The dollar amount the credit will credit provided to me or on my will have paid after I have made all rate. cost me. behalf. payments as scheduled. 6.00% $171637.60 $148028.00 s319665.60 M y payment schedule will be: No. of Payment Amount' Frequency StarVDue Date No. of Payment Amount" Frequency Start/Due Date Payments I I I I Payments 360 $887.96 M 06/15/08 $ $ 5 If my Payment Amount shows a range, my payment win va between these two amounts. Frequency Legend: M - Monthly Q = Quarterly S = Semi Annual) A = Annual) ❑ Variable Rate: Check One: ❑ My loan contains a variable rate feature. Disclosures about the variable rate feature have been provided to me earlier. ❑ The annual percentage rate may Increase during the term of this transaction if the Index increases. The index is: Check One: ❑ the - Prime Rate 0 the average of interbank offered rates for month U.S. dollar- denominated deposits In the London market ( "LIBOR "). The index is published in the 'Money Rates' section of The Wall Street Journal, Eastern Edition. Any increase in my rate will increase the amount of my scheduled payments. The rate may not Increase more than once every month(s). My rate will not Increase above %. If checked, my rate will not increase more than 2 percentage points annually. Check One: ❑ If my loan were for $10,000 at an Initial interest rate of 8.00% and the interest rate increased to 10.00% In one month, my Interest payment amounts would Increase from $67.94 to $64.94 If my Interest payments were due monthly, and from $203.82 to $252.05 if my interest payments were due quarterly_ ❑ If my loan were for $10,000 with 60 monthly payments at an initial interest rate of 8.00% and the interest rate increased to 10.00% in one year, my payment amount would Increase from $202.62 to $210.72 If my payments were due monthly; from $611.72 to $636.23 if my payments were due quarterly; from $1,233.24 to $1,284.70 If my payments were due semiannually; and from $2,505.11 to $2,617.56 if my payments were due annually. Security: 1 am giving a security Interest in: The goods or property being purchased. 2L_ Other (describe)AEAL ESTATE Collateral securing other loans with you, except my principal dwelling or household goods, may also secure this loan. Insurance: If this loan is secured, 1 may obtain property insurance from any Insurer I choose. Filing Fees and Taxes: $ 0.00 Late Charges: If a payment is not received In full within 15 days of the date It is due. I will pay a late charge equal to 4% of the unpaid portion of the scheduled payment amount. Prepayment: If I pay off early, I will not have to pay a penalty. Assumption: Someone buying the property securing my loan cannot assume the remainder of my loan on the original terms. 1 may see my contract documents for any additional Information about non - payment, default, any required payment in full before the scheduled due date, and prepayment refunds and penalties. By signing below. I acknowledge receipt of a copy of this Disclosure on the date Indicated above. i i Borrower SHANE DOtPHTy Borrower i Borrower Borrower CREDIT INSURANCE DISCLOSURES I understand that credit life and credit disability (accident and health) insurance are not required to obtain credit, and that you w411 not provide them unless 1 sign below and agree to pay the additional cost. If I want any of these insurance coverages, I must be sure that the Insurance coverage 1 want is Indicated, that the premium amount Is filled in, and that I have signed below. The term and amount of any insurance 1 request Is as follows: I INSURED TYPE PREMIUM TERM IN AMT. OF DISABILITY MONTHLY MOS. COVERAGE BENEFIT #1 #2 _ Credit Life $ $ Credit Disability $ $ $ The payment amount disclosed in the Truth In Lending Disclosure Statement reflects the premiums for the insurance coverage(s) that I have selected. Signature. My signature below means I request the coverage(s) checked and quoted above. Signature of Insured #1 Signature of Insured #2 567417 (Rev 02) (01107) WBNA Multi -State Truth-In-Landing Disclosure *0811500177+ '�hiaat� SCHEDULE A ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF SOUTH MIDDLETON, COUNTY OF CUMBERLAND, AND STATE OF PENNSYLVANIA BEING MORE PARTICULARLY DESCRIBED IN A DEED RECORDED IN BOOK 268 AT PAGE 2374 AMONG THE LAND RECORDS OF THE COUNTY SET FORTH ABOVE. PARCEL ID: 29- 2484 - 0042 - 0000000 -40 KNOWN AS: 31 HIGH ST i I Wells Fargo Bank, N.A. successor by merger to IN THE COURT OF COMMON PLEAS OF Wachovia :Bank, N.A. CUMBERLAND COUNTY, PENNSYLVANIA. :Plaintiff r; Civil - 'J �'7'. Shane M. Doughty Defendants r-3 -{ A 0 y v- C3 NOTICE OF- RESIDENTIAL MORTGAGE FORECL04 *C DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Res tfu 1 su ed: ,, Date ' ignature of u sel for P mtif 68276 Page 2 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 Please provide the following information to the best of your knowledge: CUSTOM ER/PRI MARY 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 on household: How long? CO-BORROWER Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people on 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 Payment 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. 2. 3. Additional Income Description (not wages): I. 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 " Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel /repairs Other prop. payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money 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: 2 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 deliquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: I/We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /We understand that I /we am/are under no obiligation to use the 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: Proof of income Past 2 bank statements Proof of any expected income for the last 45 days Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement (if property is currently on the market) 3 NOTICE AVISO ' You have been sued in court. If you wish to Le han demandado a usted en la cone. Si defend against the claims set forth in the usted quiere defenderse de estas demandas following pages, you must take action within ex- puestas en las paginas siguientes, usted twenty (20) days after this complaint and tiene veinte (20) dial de plazo al partir de la notice are served, by entering a written fecha de la demanda y la notificacion. Hace appearance personally or by attorney and falta asentar una comparencia escrita o en filing in writing with the court your defenses persona o con un abogado y entregar a la corte or objections to the claims set forth against en forma escrita sus defensas o sus objeciones you. You are warned that if you fail to do so a las demandas en contra de su persona. Sea the case may proceed without you and a avisado que si usted no se defiende, la corte judgment may be entered against you by the tomara medidas y puede continuar la demanda court without further notice for any money en contra suya sin previo aviso o notificacion. claimed in the complaint or for any other Ademas, la corte puede decidir a favor del claim or relief requested by the plaintiff. You demandante y requiere que usted cumpla con may lose money or property or other rights todas las provisioner de esta demanda. Usted important to you. puede perder dinero o sus propiedades u otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU USTED LE DEBE TOMAR ESTE DO NOT HAVE A LAWYER, GO TO OR PAPEL A SU ABOGADO TELEPHONE THE OFFICE SET FORTH INMEDIATAMENTE. SI USTED NO TIENE BELOW. THIS OFFICE CAN PROVIDE A UN ABOGADO, VA A O TELEFONEA YOU WITH INFORMATION ABOUT LA OFICINA EXPUSO ABAJO. ESTA HIRING A LAWYER. OFICINA LO PUEDE PROPORCIONAR IF YOU CANNOT AFFORD TO CON INFORMATION ACERCA DE HIRE A LAWYER, THIS OFFICE MAY BE EMPLEAR A UN ABOGADO. ABLE TO PROVIDE YOU WITH S I USTED NO PUEDE INFORMATION ABOUT AGENCIES THAT PROPORCIONAR PARA EMPLEAR UN MAY OFFER LEGAL SERVICES TO ABOGADO, ESTA OFICINA PUEDE SER ELIGIBLE PERSONS AT A REDUCED FEE CAPAZ DE PROPORCIONARLO CON OR NO FEE. INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS Cumberland County Bar Association SERVICIOS LEGALES A PERSONAS 32 South Bedford Street ELEGIBLES EN UN HONORARIO Carlisle, PA 17013 REDUCIDO NI NINGUN HONORARIO. (800) 990 -9108 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990 -9108 File # 6d* Page 2 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff i WE !-'ROTHON ire,.,, �atarafact`lr,i Jody S Smith '013 NO 18 PM 2: 22 Chief Deputy Richard W Stewart CUMBERLAND COUNTY Solicitor OM THE S-ERIE_ PENNSYLVANIA Wells Fargo Bank, N.A. Case Number vs. Shane Doughty 2013-6149 SHERIFF'S RETURN OF SERVICE 11/14/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Shane Doughty, 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 31 High Street, South Middleton Township, Boiling Springs, PA 17007. Residence is vacant, the Boiling Springs Postmaster verifies this as well. SHERIFF COST: $39.78 SO ANSWERS, t November 14, 2013 RONW R ANDERSON, SHERIFF ci r ou^tySuii�6hari`f."reeasc!;. ..... ;iL ikci"}f-fflr',`1 t: i 21 I Li FEB -Li RI 1: 27 CUMBER L AND COUNTY PENtdS YLVA NIA McCABE,WEISBERG & CONWAY,P.C. Attorneys for Plaintiff BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 MARC S.WEISBERG,ESQUIRE-ID# 17616 EDWARD D. CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID#34419 ANDREW L.MARKOWITZ,ESQUIRE-ID#28009 HEIDI R. SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 CHRISTINE L. GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 ANN E. SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 JENNIFER L.WUNDER,ESQUIRE-ID#315954 LENA KRAVETS,ESQUIRE-ID#316421 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215) 790-1010 Wells Fargo Bank,N.A as successor by merger Cumberland County to Wachovia Bank,N.A. Court of Common Pleas Plaintiff v. Number 13-6149 Civil Shane M. Doughty Defendant PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure in the above-captioned matter. McCABE,WEISBERG AND CONWAY,P.C. 27)77a'/BY: ' C ( (-- '' l [ ]Terrence J. McCabe,Esq. [ ,-.1-Marc S. Weisberg,Esq. [ ]Edward D. Conway,Esq. [ ]Margaret Gairo,Esq. [ ]Andrew L.Markowitz,Esq. [ ]Heidi R. Spivak,Esq. [ ]Marisa J.Cohen,Esq. [ ]Christine L.Graham,Esq. [ ] Brian T.LaManna,Esq. [ ]Ann E. Swartz,Esq. [ ] Joseph F.Riga,Esq. [ ]Joseph I.Foley,Esq. [ ]Celine P.DerKrikorian,Esq. Attorneys for Plaintiff RNA 44.1t.-15 Pact 14 C�. Ibl)(-1 �s etv --&•‘ .0(4 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson MI i r Sheriff E [ t �iAS7r t1{ �P tilller f�1. Jody S Smith rr Chief Deputy 2114 MAR "7 AM 10: 2 5 Richard W Stewart CUMBERLAND couNrY Solicitor PENNSYLVANIA Wells Fargo Bank, N.A. vs. Case Number Shane Doughty 2013-6149 SHERIFF'S RETURN OF SERVICE 02/10/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Shane Doughty, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Adams, Pennsylvania to serve the within Complaint in Mortgage Foreclosure according to law. 02/19/2014 The requested Complaint in Mortgage Foreclosure served by the Sheriff of Adams County upon Shane Doughty, personally, at 261 Heckenluber Road, Biglerville, PA 17307. James W. Muller, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.00 SO ANSWERS, February 28, 2014 RONNY R ANDERSON, SHERIFF SHERIFF'S OFFICE OF ADAMS COUNTY James W. Muller " " Bernard A.Yannetti,Jr. Sheriff Solicitor Len J. Supenski Cd Kevin E. Miller Chief Deputy a4 a Lieutenant WELLS FARGO BANK, N.A. SUCCESSOR BY MERGER TO WACHOVIA BANK, N.A. Case Number vs. SHANE M. DOUGHTY 2013-6149 SHERIFF'S RETURN OF SERVICE 02/19/2014 01:40 PM-Deputy Edward Minor Jr., being duly sworn according to law, deposes and says,the Complaint in Mortgage Foreclosure(CIMF)was served upon SHANE M. DOUGHTY at 261 HECKENLUBER ROAD, BIGLERVILLE, PA 17307 by handing a true and attested copy to the Defendant and made known the contents thereof. al43-144X EDWARD MINOR JR., DEPUTY SHERIFF COST: $26.96 SO ANSWERS, +.0,"..644 (AL rv-r—Clack. February 25, 2014 JAMES W. MULLER, SHERIFF COSTS DATE CATEGORY MEMO CHK# DEBIT CREDIT 02/14/2014 Advance Fee Advance Fee 207978 $0.00 $150.00 02/14/2014 Docket&Return $9.00 $0.00 02/14/2014 Service $9.00 $0.00 02/25/2014 Mileage $8.96 $0.00 02/25/2014 Refund 1881 $123.04 $0.00 $150.00 $150.00 BALANCE: $0.00 NOTARY Affirmed and subscribed to before me this 25TH day of FEBRUARY , 2014 (r)Gbu>aySui?<s 5i�;ni"'I'eFeoso 1 1% McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 215 790 -1010 Wells Fargo Bank, N.A. as successor to merger to Wachovia Bank, N.A. Plaintiff v. 2[14 APR 21 PE I;SYLvpfry CUMBERLAND COUNTY COURT OF COMMON PLEAS Shane M. Doughty Number 2013 -6149 Defendant ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendant, Shane M. Doughty, in the above - captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure, and assess damages as follows: Amount Due Interest from 09/05/13 to 04/14/14 Total rTy AND NOW, this day of McCABE, WEISBERG BY: ei�rL. $ 163,134.28 $ N/A $ 163,134.28 CONWAY, P.C. [ ] Terrence J. McCabe, Esq. [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ 1 Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esq. Attorneys for Plaintiff I 1 Marc S. Weisberg, Esq. ] Margaret Gairo, Esq. ] Heidi R, Spivak, Esq. ] Christine L. Graham, Esq. ] Ann E. Swartz, Esq. ] Joseph I. Foley, Esq. ] Jrnifer L. Wunder, Esq. Carol A. DiPrinzio, Esq. 2014, Judgment is entered in favor of Plaintiff, Wells Fargo Bank, N.A. as successor to merger to Wachovia Bank, N.A., and against Defendant, Shane M. Doug not in personam, and damages are assessed in the amount o BY T 63,13 . �' plus rq est and cos Y. in rem only and j,1:1( I3SP") 191 04/!/l!2 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Wells Fargo Bank, N.A. as successor to merger to Wachovia Bank, N.A. Plaintiff v. Shane M. Doughty Defendant CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 2013 -6149 AFFIDAVIT OF NON - MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: SS. The undersigned, being duly sworn according to law, deposes and says that the Defendant, Shane M. Doughty, is 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. App. §501, et seq.; and that the Defendant, Shane M. Doughty, is over eighteen (18) years of age, and resides as follows: Shane M. Doughty, 261 Heckenluber Road Biglerville, PA 17307 SWORN AND SUBSCRIBED BEFORE ME THIS I Lid f AY OF AortA NOTARY ' UBLI COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Public City of KUS 3Phda County Ci�t oI Philadelphia, E rces Mi. 10, 2-017 MY Commission Expires McCABE, WEISBERG & CONWAY, P.C. BY: at're-- 091}(1 -�". -. [ ] Terrence J. McCabe, Esq. [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esq. Attorneys for Plaintiff C ] Marc S. Weisberg, Esq. [ ] Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph I. Foley, Esq. [ ] Je ifer L. Wunder, Esq. [ arol A. DiPrinzio, Esq. Department of Defense Manpower Data Center Results as of : Apr- 14 -2014 07:52:00 AM SCRA 3.0 Status Report Pursuant to Sery cenembers Civil Relief Act Last Name: DOUGHTY First Name: SHANE Middle Name: M. Active Duty Status As Of: Apr -14 -2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NAT'', .4',6 r../ . . t t.• ....r.... No "� W NA This response reflects where the Individual left active- duty'status within 367 days preceding the Active' Duty Status Date r«.. tv:.1 rut; ..us bh dy This response reflects the Individuals' active duly status based�on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duly Status Data Active Duty Start Data Active Duty End Date Status Service Component NA E 0":.�-- "f NA tt.. 1, k... -."" `�wnio . 11'' J4J1 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 Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA",. °y \� .`- °,:-.•. _ _ ...- -ra.NdF -' ,f/ NA This response reflects whether the lndividt al or his/herunit has received eafly 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, NOM, 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 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DOD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http: / /www.defenselink.mil /faq /pis /PCO9SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his /her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(0 for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN /date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: I8J1535FV072M60 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET CAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790 -1010 Wells Fargo Bank, N.A. as successor to merger to Wachovia Bank, N.A. Plaintiff v. Shane M. Doughty Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 2013 -6149 AFFIDAVIT OF LAST -KNOWN MAILING ADDRESS OF DEFENDANT COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: The undersigned attorney for the Plaintiff in the within matter, being duly sworn according to law, hereby deposes and says that the last -known mailing address of the Defendant is: Shane M. Doughty 261 Heckenluber Road Biglerville, Pennsylvania 17307 SWORN AND SUBSCRIBED BEFORE ME THIS )LAY OF Y• , 2014 NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL MAIA KUSHICK, Notary Public City of Philadelphia, Phila. County My Commission Expires May 10, 2017 SS. McCABE, WEISBERG & CONWAY, P.C. BY: [ ] Terrence J. McCabe, Esq. ] Marc S. Weisberg, Esq. [ ] Edward D. Conway, Esq. ] Margaret Gairo, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Heidi R. Spivak, Esq. [ ] Marisa J. Cohen, Esq. [ ] Christine L. Graham, Esq. [ ] Brian T. LaManna, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph F. Riga, Esq. [ ] Joseph I. Foley, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] J fifer L. Wunder, Esq. [ ] Lena Kravets, Esq. [ Carol A. DiPrinzio, Esq. Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790 -1010 Wells Fargo Bank, N.A. as successor to merger to Wachovia Bank, N.A. Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS v. Number 2013 -6149 Shane M. Doughty Defendant CERTIFICATION The undersigned hereby certifies that he /she is the attorney for Plaintiff, being duly sworn according to law, deposes and says that a letter was deposited in the United States Mail notifying the Defendant that judgment would be entered against him/her /them within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. A copy of said letter is attached hereto and marked as Exhibit "A ". SWORN AND SUBSCRIBED BEFORE ME THIS 1L1 DAY OF _� v � , 2014 NOTARY PUBL COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL MAIA KLISHtCK, Notary Public City of Philadelphia, Phila. County Commission +ires M. 10, 2017 McCABE, WEEISBERG & CONWAY, P.C. BY: [ ] Terrence J. McCabe, Esq. [ arc S. Weisberg, Esq. [ ] Edward D. Conway, Esq. [ ] Margaret Gairo, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Heidi R. Spivak, Esq. [ ] Marisa J. Cohen, Esq. [ ] Christine L. Graham, Esq. [ ] Brian T. LaManna, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph F. Riga, Esq. [ ] Joseph I. Foley, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] JJe fifer L. Wunder, Esq. [ ] Lena Kravets, Esq. o1 A. DiPrinzio, Esq. Attorneys for Plaintiff VERIFICATION The undersigned attorney hereby certifies that he /she is the Attorney for the Plaintiff in the within action, and that he /she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of jurisdiction and not available to sign this verification at this time, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG & CONWAY, P.C. i BY: [ ] Terrence J. McCabe, Esq. [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esq. Attorneys for Plaintiff ] Marc S. Weisberg, Esq. [ ] Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph I. Foley, Esq. [ ] J fifer L. Wunder, Esq. [ Carol A. DiPrinzio, Esq. Wells Fargo Bank, N.A. as successor to merger to Wachovia Bank, N.A. v. Shane M. Doughty Cumberland County; Number: 2013 -6149 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary March 12, 2014 To: Shane M. Doughty 261 Heckenluber Rd Biglerville, Pennsylvania 17307 Wells Fargo Bank, Na vs. Shane M. Doughty Cumberland County Court of Common Pleas Number 2013 -6149 NOTICE PURSUANT TO RULE 237.5 NOTICE OF INTENTION TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT 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 (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 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 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 mce NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE 0 POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DE13IDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA AI.GUNA, DICTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDERBIENES 11 OTROS DERECHOS IMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMACION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGON IONORARIO. Cumberland. County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 McCABE, WEISBERG AND CONWAY, AY,P.C. BY: ' Ct,1 (e ) [arc S. Weis erg, Esquire [ ] Margaret Gairo, Esquire [ ] Heidi R. Spivak, Esquire [ ] Christine L. Graham, Esquire [ ] Ann E. Swartz, Esquire [ ] Joseph I. Foley, Esquire [ ] Jennifer L. Wunder, Esquire [ ] Carol A. DiPrinzio, Esquire [ ] Terrence J. McCabe, Esquire [ ] Edward D. Conway, Esquire [ ] Andrew L. Markowitz, Esquire [ ] Marisa J. Cohen, Esquire [ ] Brian T. LaManna, Esquire [ ] Joseph F. Riga, Esquire [ ] Celine P. DerKrikorian, Esquire [ ] Lena Kravets, Esquire Attorneys for Plaintiff OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Shane M. Doughty 261 Heckenluber Road Biglerville, Pennsylvania 17307 Wells Fargo Bank, N.A. as successor to merger to Wachovia Bank, N.A. COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff v. No. 2013-6149 Shane M. Doughty Defendant NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered hi the above proceeding as indicated below, Prothonotary ,N X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call McCabe. Weisberg and Conway, P.C. at (215) 790-1010. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Wells Fargo Bank, N.A. as successor to merger to Wachovia Bank, N.A. v. Shane M. Doughty FILE NO.: 2013-6149 Civil Term AMOUNT DUE: $163,134.28 crl t -T1 • cri (.5-1 -o �.. c ,,9 !1 r ' ✓'t INTEREST: from 04/15/14 $3,808.44 at $26.82 ATTY'S COMM.: COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 31 High Street, Boiling Springs, Pennsylvania 17007 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: \ Z! `A1 McCABE, WEISBERG & CONWAY, P.C. BY: Q4,. [ ] Terrence J. McC..e, Esq. [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esq. Attorneys for Plaintiff SI) Pa 00\A--\ 66/ 3?.0 10370 /004 6'237.)8 [ rc S. Weisberg, Esq. ] Margaret Gairo, Esq. ] Heidi R. Spivak, Esq. ] Christine L. Graham, Esq. ] Ann E. Swartz, Esq. ] Joseph I. Foley, Esq. ] Jennifer L. Wunder, Esq. ] Carol A. DiPrinzio, Esq. Address:123 S. Broad Street, Suite 1400 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. *a.as i�1.4.4)('0. 6. SoCa- C.104 esCu ,tfFI 12-41 3©sLi/a i,4 b6 -15-s-t&ei McCABE, WEISBERG & CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Wells Fargo Bank, N.A. as successor to merger to Wachovia Bank, N.A. Plaintiff v. Shane M. Doughty Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 2013-6149 AFFIDAVIT PURSUANT TO RULE 3129.1 The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 31 High Street, Boiling Springs, Pennsylvania 17007, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. 1. Name and address of Owner or Reputed Owner Name Shane M. Doughty 2. Name and address of Defendant in the judgment: Name Shane M. Doughty Address 31 High Street Boiling Springs, Pennsylvania 17007-920 Address 261 Heckenluber Road Biglerville, Pennsylvania 17307 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 Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein 5. Name and address of every other person who has any record lien on the property: Name Address NONE 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address 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 Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue PA Department of Revenue Bureau of Compliance Lien Section Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America 31 High Street Boiling Springs, Pennsylvania 17007 Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 110 North 8th Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Depaituient #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 PO BOX 280948 Harrisburg PA 17128-0948 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 Domestic Relations Cumberland County Tax Claim Bureau Commonwealth of PA Department of Revenue United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States 8. Name and address of Attorney of record: Name NONE P.O. Box 320 Carlisle, PA 17013 1 Courthouse Square Carlise, PA 17013 Bureau of Compliance Department 280946 Harrisburg, PA .17128-0946 Attn: Sheriffs Sales c/o United States Attorney for the Middle District of PA Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 Address 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. DAT Y McCABE, W SBERG & C/O�NWA, P.C. BY: �����-T/ a [ ] Terrei}ce J. McCabe, Esq [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esq. Attorneys for Plaintiff [ ] Marc S,/Weisberg, Esq. [ ] Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph 1. Foley, Esq. [ ] Jennifer L. Wunder, Esq. [ ] Carol A. DiPrinzio, Esq. Wells Fargo Bank, N.A. as successor to merger to Wachovia Bank, N.A. v. Shane M. Doughty Cumberland County; Number: 2013-6149 McCABE, WEISBERG & CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 CIVIL ACTION LAW Wells Fargo Bank, N.A. as successor to merger to Wachovia Bank, N.A. v. Shane M. Doughty Shane M. Doughty 261 Heckenluber Road Biglerville, Pennsylvania 17307 Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 2013-6149 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY -0 Q -4 Your house (real estate) at 31 High Street, Boiling Springs, Pennsylvania 17007 is scheduled to be sold at Sheriffs Sale on September 3, 2014 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $163,134.28 obtained by Wells Fargo Bank, N.A. as successor to merger to Wachovia 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 canceled if you pay to Wells Fargo Bank, N.A. as successor to merger to Wachovia Bank, N.A. the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 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 the following notice 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 McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 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 on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 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 a 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 real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. 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 schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate 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, 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 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., AS SUCCESSOR TO MERGER TO WACHOVIA BANK, N.A. Vs. NO 2013-6149 Civil Term CIVIL ACTION — LAW SHANE M. DOUGHTY WRIT OF EXECUTION 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: $163,134.28 L.L.: $.50 Interest FROM 4/15/2014 - $3,808.44 AT $26.82 Atty's Comm: Due Prothy: $2.25 Atty Paid: $237.28 Other Costs: Plaintiff Paid: Date: 5/5/14 (Seal) David D. Bu 11, Prothonota - Deputy REQUESTING PARTY: Name: MARC S. WEISBERG, ESQUIRE Address: MCCABE, WEISBERG & CONWAY, P.C. 123 S. BROAD STREET, SUITE 1400 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 17616 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Wells Fargo Bank, N.A. as successor to merger to Wachovia Bank, N.A. Plaintiff v. Shane M. Doughty Defendant h©THON©T;r r��=: 4111;1 ° P/f I: G� fe; RPENNSYLVANIA CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 2013-6149 AFFIDAVIT OF SERVICE The undersigned attorney for the Plaintiff in the within matter, hereby certifies that on the 30th day of July, 2014, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s) as set forth in Amended Affidavit Pursuant to 3129.1 which is attached hereto. A copy of the Notice of Sheriffs Sale and certificate of mailing is also attached hereto and made a part hereof. SWORN AND SUBSCRIBED BEFORE ME THIS DAY OF k , 2014 ---U\k_sur)C.CLat a 6; NOTARY PUBLIC 1 ' 7; 8li1�. ?��q��f�otaQU1Y Public � Cnty 'tte122018 $YL McCABE, WE BERG & CONWAY, P.C. BY: •( `/ ' /i [ ] Terrence J. McCabe, Esquire [ ] Edward D. Conway, Esquire n'�_ [ ] Andrew L. Markowitz, Esquire M[ ] Marisa J. Cohen, Esquire [ ] Brian T. LaManna, Esquire [ ] Joseph F. Riga, Esquire [ ] Celine P. DerKrikorian, Esquire [ ] Lena Kravets, Esquire Attorneys for Plaintiff 'NTA aS. Weisberg, Esquire [ ] Margaret Gairo, Esquire [ ] Heidi R. Spivak, Esquire [ ] Christine L. Graham, Esquire [ ] Ann E. Swartz, Esquire [ ] Joseph I. Foley, Esquire [ ] Jennifer L. Wunder, Esquire [ ] Carol A. DiPrinzio, Esquire McCABE, WEISBERG & CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ,TSQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA; ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE:. ID # 201926 JOSEPH F. RIGA, ESQUIRE ID # 57716 JOSEPH I. FOLEY;ESQU1RE --ID # 314675 CELINE P. DERKRIKORIAlq; ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Wells Fargo Bank, N.A. as successor to merger to Wachovia Bank, N.A. Plaintiff V. Shane M. Doughty Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 2013-6149 AFFIDAVIT PURSUANT TO RULE 3129.1 The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 31 High Street, Boiling Springs, Pennsylvania 17007, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. 1. Name and address of Owner or Reputed Owner Name Address Shane M. Doughty 31 High St Boiling Springs, Pennsylvania 17007-920 2. Name and address of Defendant in the judgment: Name Address Shane M. Doughty 31 High St Boiling Springs, Pennsylvania 17007-920 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 File #63556 Page I Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein Wachovia Bank 301 South College Street, VA 0343 Charlotte NC 28288-0343 5. Name and address of every other person who has any record lien on the property: Name Address South Middleton Township 44 West Main Street, PO Box 318 Mechanicsburg PA 17055 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address 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 Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue PA Department of Revenue Bureau of Compliance Lien Section 31 High Street Boiling Springs, Pennsylvania 17007 Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 110 North 8th Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 PO BOX 280948 Harrisburg PA 17128-0948 File #63556 Page 2 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Domestic Relations Cumberland County Tax Claim Bureau Commonwealth of PA Department of Revenue United States of America United States of America do Atty General of the United States United States of America do Atty General of the United States 8. Name and address of Attorney of record: Name Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 1 Courthouse Square Carlise, PA 17013 Bureau of Compliance Department 280946 Harrisburg, PA 17128-0946 Attn: Sheriffs Sales do United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 Address NONE 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. File #63556 Page 3 0//7// DATE McCABE, WEISBERG & CONWAY, P.C. BY: [ ] Terrence J. McCabe, Esq. [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esq. Attorneys for Plaintiff [ ] Marc S. Weisb- g, Esq. [ ] Margaret Ga. o, Esq. [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph I. Foley, Esq. [ ] Jennifer L. Wunder, Esq. [ ] Carol A. DiPrinzio, Esq. Re: Wells Fargo Bank, N.A. as successor to merger to Wachovia Bank, N.A. v. Shane M. Doughty. et al. Cumberland County; Number: 2013-6149 File #63556 Page 4 .McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215)790-1010 Wells Fargo Bank, N.A. as successor to merger to Wachovia Bank, N.A. Plaintiff v. Shane M. Doughty Defendant DATE: July 30, 2014 TO: ALL PARTIES IN INTEREST AND CLAIMANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 2013-6149 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: Shane M. Doughty PROPERTY: 31 High Street, Boiling Springs, Pennsylvania 17007 IMPROVEMENTS: Residential Dwelling JUDGMENT AMOUNT: $163,134.28 The above -captioned property is scheduled to be sold pursuant to the judgment of the court caption above at the Sheriffs Sale on September 3, 2014 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. If you have any questions regarding the type of lien or the effect of the Sheriffs Sale upon your lien, we urge you to CONTACT YOUR OWN ATTORNEY as WE ARE NOT PERMITTED TO GIVE YOU LEGAL ADVICE. 9. -,.. PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 10 PA Department of Revenue Bureau of Compliance Lien Section PO BOX 280948 Harrisburg PA 17128-0948 11 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales 12 United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 13 Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17013 14 Tax Claim Bureau 1 Courthouse Square Carlise, PA 17013 15 Commonwealth of PA Department of Revenue Bureau of Compliance Department 280946 Harrisburg, PA 17128-0946 Attn: Sheriff's Sales 16 United States of America do United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 17 United States of America do United States Attorney for the Middle District of PA Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 18. United States of America do Atty General of the United States U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 19 United States of America c/o Atty General of the United States U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 Total Number of Pieces Total Number of Pieces Postmaster, Per (Name of receiving employee) The full declaration of value's required on all domestic and international registered mail. The maximum indemnity payable for the reconstruction of Listed nonnegotiable documents under Express Mail document reconstruction insurance is $500 per piece subject to additional limitations for multiple pieces by Sender Received at Post Office lost or damages in a single catastrophic occurrence. The maximum indemnity payable on Express Mail merchandise insurance is $500, but optional Express Mail Service merchandise is available for up to $5,000 to some, but not all countries. The maximum indemnity payable is $25,000 for registered mail. See Domestic Mail Manual 8900, 0913, and S921 for limitations of coverage on insured and COD mail. See International Mail Manual for 19 limitations of coverage on intemational mail. Special handling charges apply only to Standard Mail (A) and Standard Mail (B) parcels. PS Form 3877, August 2000 Complete by Typewriter, Ink, or Ball Point Pen McCABE, WESIBERG & CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770, MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Wells Fargo Bank, NA Plaintiff v. Shane M. Doughty Defendant Attorneys for Plaintiff --O t=j 'f THE PRO T HONOiA Mt' R SEP -2 PM 12: 40 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2013-6149 Notice of the Date of Continued Sheriff's Sale The Sheriff's Sale scheduled for September 3, 2014 at 10:00 A.M. in the above -captioned matter has been continued until November 5, 2014 at 10:00 A.M. Certificate of Filing On this date, a Notice of the Date of Continued Sheriff's Sale in the above -captioned matter was sent for filing with the Prothonotary of CUMBERLAND County. Certification of Service On this date, a Notice of the Date of Continued Sheriff's Sale was served by first-class mail, postage prepaid upon the following: Shane M. Doughty 117 Baltimore Street Gettysburg, Pennsylvania, 17325 Date: /z5/7 McCABE, WEISBERG BY: [ ] Terrence J. McCab [ ] Edward D. Conway, Esq. [ 1 -Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ].Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esquire Attorneys for Plaintiff 0 WAY, P.C. [ [ [ S. Weisberg, Esq. ] .rgaret Gairo, Esq. ] ' eidi R. Spivak, Esq. Christine L. Graham, Esq. [ Ann E. Swartz, Esq. [ ] Joseph I. Foley, Esq. [ ] Jennifer L. Wunder, Esq. [ ] Carol A. DiPrinzio, Esquire r SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Andersont ;:..D—D 'F ICf: OF Sheriff THE PROTHONOTARY �tttr at Ciro* Jody S Smith Chief Deputy �t '� �, Hilt OCT -I Ari 9 35 Richard W Stewart Solicitor THE SHERIFF CUMBERLAND COUNTY PENNSYLVANIA Wells Fargo Bank, N.A. vs. Shane Doughty Case Number 2013-6149 SHERIFF'S RETURN OF SERVICE 05/13/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Shane Doughty, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Adams County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 06/17/2014 10:48 AM - Deputy William Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 31 High Street, Boiling Springs, PA 17007, Cumberland County. 07/17/2014 The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff of Adams County upon Shane Doughty, personally, at the Adams County Sheriffs Office, 117 Baltimore Street, Room 4, Gettysburg, PA 17325 on 7/7/14 at 1545 hrs . So Answers: Carl Boyer, Deputy Sheriff. 09/02/2014 As directed by Marc Weisberg, Attorney for the Plaintiff, Sheriffs Sale Continued to 11/5/2014 10/05/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $1,193.24 SO ANSWERS, October 05, 2014 RONNS' R ANDERSON, SHERIFF c2..7_s- ay. P -4 9(29e; "A 3/2n3'/ {c) CourilyStEe Sf, eriff,'r'eleosoft, IFC. LXIII 29 CUMBERLAND LAW JOURNAL 07/18/14 Writ No. 2013-6149 Civil WELLS FARGO BANK, N.A. - vs. SHANE DOUGHTY Atty.: Marc Weisberg ALL THAT CERTAIN tract of land situate in the Village of Boiling Springs, South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on High Street at a comer of property formerly of Jonas L. Rupp, now or formerly of Roy R. Myers, et ux; thence by said High Street North 19 degrees, 45 minutes West, a distance of 37 feet to a stake, corner of lot now or for- merly of Mrs. Jane- Goodyear; thence by said lot South 70 degrees, 15 minutes West a distance of 235 feet to an alley; thence by said South 19 degrees, 45 minutes East, a distance of 37 feet to a corner of lot formerly of Jonas L. Rupp, now or formerly of Ray R. Myers, el ux; thence by said lot North 70 degrees, 15 minutes East, a distance of 235 feet to the point of BEGINNING. CONTAINING approximately 8,695 square feet. TOGETHER with all and singular the buildings, improvements, way, woods, water, watercourses, rights, liberties, privileges, hereditaments and appurtenances to the same be- longing or in anywise appertaining; and the reversion and reversions, remainder and remainders, rents, is- sues and profits thereof, and of every part and parcel thereof; AND ALSO all the estate, right, title, interest, use, possession, property, claim and demand whatsoever of the Grantor both in law and in equity, of, in and to the premises herein described and every part and parcel thereof with the appurtenances. TO HAVE AND TO HOLD all and singular the premises herein described together with the 38 hereditaments and appurtenances unto the Grantees and to the Grant- ees' proper use and benefit forever. Premises: 31 High Street, Boiling Springs, Pennsylvania 17007. BEING the same premises which Geneva B. Politzer by deed dated April 15, 2005 and recorded April 20, 2005 in Deed Book 268, Page 2374 Instrument Number 2005-013258, granted and conveyed unto Shane M. Doughty. TAX MAP PARCEL NUMBER: 40- 29-2484-04-2. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 11, July 18 and July 25, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. L Marie Coyne, Ed itor SWORN TO AND SUBSCRIBED before me this 25 day of July, 2014 Notary COMMONWEALTH OF PENNSYLVANIA l NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28, 2018 The Patriot -News Co. '1900 Patriot Drive Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 1ie atriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Amy Kotula, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 1900 Patriot Drive, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. 4 2013.6149 Civil T rm LLS FARGO BAN , N.A. vs. SHANE DOUGHTY Atty: Marc Weisberg ALL THAT CERTAIN tract of land situate in the Village of Boiling Springs, South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit BEGINNING at a point on High Street at a comer of property formerly of Jonas L. Rupp, now or formerly of Roy R. Myers, et ux; thence by said High Street North 19 degrees, , 45 minutes West, a distance of 37 feet to a stake, corner of lot now or formerly of Mrs. Jane Goodyear; thence by said lot South 70 degrees. 15 minutes West a dist Hake dr 35 feet • to an alley; thence by said South 19 -- -- - C m *,,tcc.,East, a_distance 1 This ad ran on the date(s) shown below: 07/13/14 07/20/14 07/27/14 Sworn to and subscribed before me this 20 day of August, 2014 A.D. N Lary °P�ubli COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Sheryl Marie Leggore, Notary Public Hampden Twp., Cumberland County My Commission Expires July 16, 2018 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES