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Home My WebLink About14-1450 Supr, eme Court of Pennsylvania COU2itviiltc,6 f Commo Pleas For Prothonotary Use Only. a k Sheet a,ra � )* County Docket No: �\ * ,aJ The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. S Commencement of Action: D Complaint ❑ Writ of Summons ❑ Petition E+ ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiffs Name: WELLS FARGO BANK, N.A. Lead Defendant's Name: ERIC BURD T I Are money damages requested? ❑ Yes ❑x No Dollar Amount Requested: ❑ within arbitration limits Q (Check one) 0 outside arbitration limits N Is this a Class Action Suit? ❑ Yes ❑x No Is this an MDJ Appeal? ❑ Yes No A Name of Plaintiff /Appellant's Attorney: Jonathan Lobb, Eso., Id. No.312174, Phelan Hallinan, LLP ❑ Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not S include mass tort) ❑ Employment Dispute: ❑ Slander/Libel/ Defamation Discrimination E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T I MASS TORT ❑ Other: U ❑ Asbestos N ❑ 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 Dispute ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto • Dental ❑ Partition ❑ Replevin • Legal ❑ Quiet Title ❑ Other: • Medical ❑ Other: ❑ Other Professional: Pa.R. C.P. 205.5 Updated 0110112011 ri !1E r7 R OT 1011 i HAR 12 AM 10: 41, CUMBERLAH COUNTY PENNSYLVAMA PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan .Lobb @phelanhallinan.com 215 -563 -7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD CIVIL DIVISION FORT MILL, SC 29715 C/� j V Plaintiff, NO.: ) �' I 1 vs. ERIC BURD 4155 BIRCHWOOD LANE MECHANICSBURG, PA 17055 -6087 Defendant. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes WELLS FARGO BANK, N.A., by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). ( � n , '� >yoa �a„ 062 -PA -V4 L 2. The Defendant is, ERIC BURR, with a last known address of 4155 BIRCHWOOD LANE, MECHANICSBURG, PA 17055 -6087. 3. In order to protect the borrower's privacy, certain personal information of the borrower (such as loan account, Social Security numbers and birth dates), may have been partially or completely redacted on the exhibits to this Complaint. 4. 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 copy of said Promissory Note is marked Exhibit "A ", attached hereto and made a part hereof. 5. On or about January 29, 2010, ERIC BURD made, executed and delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR FIRST NATIONAL BANK OF CHESTER COUNTY THRU AM HOME BANK DIVISION a Mortgage in the original principal amount of $348,600.00 on the premises described in the legal description marked Exhibit "B ", attached hereto and made a part hereof. Said Mortgage being recorded in the Office of the Recorder of CUMBERLAND County on March 24, 2010, in Instrument No. 201007331. 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. 6. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded March 13, 2013, the mortgage was assigned to WELLS FARGO BANK, NA which Assignment is recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 201308062. The Assignment is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 7. ERIC BURD is record and real owner of the aforesaid mortgaged premises. 8. Defendant is in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the installments of principal and interest due October 1, 2013. 062 -PA -V4 9. As of 02/28/2014, the amount due and owing Plaintiff on the mortgage is as follows: Principal $329,727.87 Interest From 09/01/2013 to 02/28/2014 $8,493.32 Late Charges $288.75 Escrow Advance $698.48 Property Inspections $0.00 Property Preservation $0.00 BPO /Appraisal $0.00 Escrow Balance $0.00 Corporate Advance Credit $0.00 Total $339,208.42 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. 10. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and /or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s). 11. This is an in rein action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability in a bankruptcy proceeding, this action is in no way an attempt to re- establish such liability. 062 -PA -V4 WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $339,208.42, with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. By: Date: 3 I(� I ��( Jonat Lobb, Esq., Id. No.312174 Attorney for Plaintiff 062 -PA -V4 Exhibit "A" Loan ID # 0000725838 NOTE January 29th, 2010 York, PA ( ] J lDahcl (City) [Stale] 4155 Birchwood Lane, Mechanicsburg, Pennsylvania 17055 (Propeny Addressl 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 348,600.00 (this amount is called "Principal "), plus interest, to'the order of the Lender. The Lender is First National Bank of Chester County thru AM Home Bank Division I will make all payments under this Note in die form of cash, check or money order. I understand that die Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be•charged on unpaid principal until the full amount ofPrincipal has been paid. I will pay interest at a yearly rate of 5.250 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(8) of this Note. 3. PAYMENTS (A) Time and Place of Payments 1 will pay principal and interest by making a payment every month. I will make my monthly payment on the 1st day of each month beginning on March 1st, 2010 . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. if, on February 1st, 2040 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called die "Maturity Date." I will make my monthly payments at 3840 Hempland Road, Mountville, PA 17554 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 1,924.98 4. BORROWER'S RIGHT T6 PREPAY I have the right to make payments of Principal at any tiiue before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if l have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without•paying a Prepayment charge. The-Note Holder will use my Prepayments to reduce the amount of Principal that 1 owe under this Note. However; the Note Holder may apply my Prepayment tq die accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there, will be no changes in• the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is-finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to nie. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If die Note Holder has not received the full amount of any mondily payment by die end of Fifteen calendar days after die date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment of principal and interest. 1 will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay die full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all die interest that I owe on that amount. That date must be at least 30 days after the date on which die notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, die 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. AlULTIS'TATE FIXED RATE NOTE — Single Family -- Fannie NiaJFreddie \Inc UNIFOR. \t INSTRU\,ENT Form 3200. 1/01 (page 1 of 2pnges) AA1CNl - 03152009 w , %v,ProClose.com C �.2 Loan ID # 0000725838 (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Uhtess applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at die Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to die Note Holder under this Note will be given by delivering it or by mailing it by first class mail to die Note Holder at die address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of die promises made in this Note, including the promise to pay-the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Nate, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to dernand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument "), dated the same date as this Note, protects die Note Holder from possible losses which might result if I do not keep die promises which 1 make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts 1 owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in die Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Tf Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice sliall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) . Pay.to th e ., Eric Burd - Borrower With . Rut. - CIMMIly (Seal) Division tJl1111104 1111111101wo - Borrower • t�r+ot� ' 'Do hnYL Martin, V.P. (Seal) - Borrower wbWPAMUrn mz' � Ibltts oT01/r (Seal) pq � k ��p � � - Borrower - ° - 1 - Fet d f V.P. /4n #lonbt3oedt (Sea]) - Borrower - B orrower — manna LlAa V.P (Seal) - Borrower [Sign original Onl x1111.TISTATF, F7xl;0 RATE NOTE— Single Pantily -• Fannie \taeFreddie \tne UNIFOR.M1 LNh7R(1MF \T Form 3200 1101 Wge 2 of 2 pages) AAICN2 - 03192009 aw�c.FrnClose.com X59 AMO a - W. �)ntto� 6y9 W3 y� trafafv{O •l momw =t2 •; oo Ia�M�o �f � 0 L ��r f /,r : •rb AM � T WSW �. - fttii UTAT f10i8iviQ �btsB emoM mA WITHOUT RECOURSE PAY TO THE ORDER OF WELyS FAR GO ANK, N.A. By 7 Scott M. Swanson Assistant Vice Piesident� Exhibit "B" LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in Lower Allen Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a point on the eastern dedicated right -of -way line of Birchwood Lane (60 foot wide right -of -way) at the dividing line between Lot 2, Lot 3 and Lot 1; THENCE along said the dividing line between Lot 2, Lot 3 and Lot 1, South 74 degrees 35 minutes 51 seconds East a distance of 145.21 feet to a point, said point being on the dividing line between Lot 1 and Lot 3; THENCE along the dividing line between Lot 1 and Lot 3, South 18 degrees 45 minutes 17 seconds East a distance of 57.98 to a point, said point being on the dividing line between Lot 3 and Lot 4; THENCE along said the dividing line between Lot 3 and Lot 4 South 71 degrees 12 minutes 3 seconds West a distance of 153.78 feet to a point, said point being on the eastern dedicated right -of -way line of Birchwood Lane; THENCE along the eastern dedicated right -of- way line of Birchwood Lane, North 18 degrees 47 minutes 57 seconds West a distance of 30.00 feet to a point; THENCE along the same, along a curve to the right having a radius of 195.00 feet and an arc distance of 116.40 feet, said arc being subtended by a chord of North 1 degree 41 minutes 54 seconds West a distance of 114.68 feet to a point, said point being the POINT OF BEGINNING. CONTAINING 15,387 square feet. BEING Lot Number 3 on the Final Subdivision Plan of Yellow Breeches Farm, as prepared by Mellott Engineering dated March 22, 2004, Drawing ID 203046COV, Sheet 3 of 8. PROPERTY ADDRESS: 4155 BIRCHWOOD LANE, MECHANICSBURG, PA 17055- 6087 PARCEL #13 -31- 2136 -130. i Filet 942553 VERIFICATION Carol Adams, hereby states that he/6h)is Vice President Loan Documentation of WELLS FARGO BANK, N.A., Plaintiff in this matter, that he/ 19s authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his / a information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: Carol Adams Title: Vice President Loan Documentation Company: Wells Fargo Bank, NA Date: 03/03/2014 086 -PA -V2 FELE #942553 FORM 1 IN THE COURT OF COMMON PLEAS WELLS FARGO BANK, N.A. OF CUMBERLAND COUNTY, PENNS.Y Plaintiff(s) �c VS. ERIC BURD )q l '� �-' C Defendant(s) Civil -_ NOTICE OF RESIDENTIAL MORTGAGE FORECL0gi*tt - y 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 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 within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date Jo than Lobb, Esq., Id. No.312174 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: CUSTOINIER/PRIMARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: . Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2" d Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Mone Da /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION I/We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that Uwe am/are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1 Proof of income 2 Past 2 bank statements 3 Proof of any expected income for the last 45 days 4 Copy of a current utility bill 5 Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6 Listing agreement (if property is currently on the market) NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249 -3166 (800) 990 -9108 File #: 942553 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ht. I`RO I-i()NTir4,'t at CUiribct Y, Q. FiCEoFTHES4ERIFF 2ff4t9AR2 AM 23 CUMBERLAND COUNTY PENNSYLVANIA Wells Fargo Bank N.A. vs. Eric Lee Burd Case Number 2014 -1450 SHERIFF'S RETURN OF SERVICE 03/18/2014 08:45 PM - Deputy Jeff Kolodzi, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Robin Burd, Wife, who accepted as "Adult Person in Charge" for Eric Lee Burd at 4155 Birchwood Lane, Lower Allen Township, Mechanicsburg P 17055. KI'ODZI, DEPUTY SHERIFF COST: $39.76 SO ANSWERS, March 19, 2014 RONNY R ANDERSON, SHERIFF ;ount.y1Suiis sheriff: Te eosofi, inc. FILED-OFFICF OF THE PROTHONOTARY Hill SEP 17 P110: 08 CUMBERLAND COUNTY PENNSYLVANIA PHELAN HALLINAN, LLP Joseph P. Schalk, Esquire, Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 7365 Attorney for Plaintiff WELLS FARGO BANK, NA Court of Common Pleas 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Civil Division Plaintiff No. 14 -1450 -CIVIL v. Cumberland County ERIC BURD 4155 BIRCHWOOD LANE MECHANICSBURG, PA 17055-6087 Defendant MOTION TO LIFT CONCILIATION STAY Plaintiff, Wells Fargo Bank, NA (hereinafter "Plaintiff'), by its attorney, Joseph P. Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1 On March 12, 2014, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendant Eric Burd (hereinafter "Defendant") for his failure to make monthly payments of principal and interest upon their mortgage due October 1, 2013, and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit. "A". 942553 2. On March 18, 2014, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice upon the Defendant. A true and correct copy of the Sheriff's Return of Service is attached hereto, made part hereof and marked as Exhibit "B". 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the Foreclosure action is stayed for sixty (60) days from the date of service. 4. Within 60 days after service of the complaint, the Defendant may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request, the Court will schedule a Conciliation Conference. The program provides that Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 5. If more than sixty (60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendant has failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 7. Since Defendant has opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. 942553 WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic stay be lifted. Date: q/(414, BY: 942553 Respectfully submitted, PHELAN HALLINAN, LLP ircs Att ey for Plaintiff Exhibit "A" s E C T I Q N A s E C T I 0 N B of Pennsylvania Pleas Sheet County For Prothonotary Use Only: Docket No: The information collected on this form is used solely for court administration purposes. This form does not supplement or replace theJlinsg and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: El Complaint 0 Writ of Summons 0 Petition O Transfer from Another Jurisdiction 0 Declaration of Taking Lead Plaintiff's Name: WELLS FARGO BANK, N.A. Lead Defendant's Name: ERIC BURD Dollar Amount Requested: 0 within arbitration limits (Check one) 0 outside arbitration limits Are money damages requested? ■Yes No Is this a Class Action Suit? 0 Yes 0 No Is this an MDJ Appeal? 0 Yes 0 No Name of Plaintiff/Appellant's Attorney: J9nathan Lobb, Esti.. Id. No.312174, Phelan Hallinan, LLP 0 Check here if you have no attorney (are a Self -Represented [Pro Se] Litigant) Nature o 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) O Intentional ❑ Malicious Prosecution O Motor Vehicle O Nuisance O Premises Liability 0 Product Liability (does not include mass tort) O Slander/Libel/ Defamation ❑ Other: MASS TORT O Asbestos ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant ❑ Toxic Waste ❑ Other: PROFESSIONAL LI ❑ Dental O Legal 0 Medical ❑ Other Professional: ITY Pa.R C.P. 205.5 CONTRACT (do not include Judgments) ❑ Buyer Plaintiff ❑ Debt Collection: Credit Card ❑ Debt Collection: Other O Employment Dispute: Discrimination ❑ Employment Dispute: Other 0 Other: REAL PROPERTY ❑ Ejectment ❑ Eminent Domain/Condemnation D Ground Rent ❑ Landlord/Tenant Dispute El Mortgage Foreclosure: Residential ❑ Mortgage Foreclosure: Commercial ❑ Partition ❑ Quiet Title ❑ Other: CIVIL APPEALS Administrative Agencies ❑ Board of Assessment O Board of Elections ❑ Dept. of Transportation ❑ Statutory Appeal: Other ❑ Zoning Board ❑ Other: MISCELLANEOUS ❑ Common Law/Statutory Arbitration O Declaratory Judgment ❑ Mandamus ❑ Non -Domestic Relations Restraining Order ❑ Quo Warranto O Replevin ❑ Other: Updated, 01/01/2011. NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File 4: 942553 WELLS FARGO BANK, N.A. vs. ERIC SURD Plaintiff(s) FORM 1 IN THE COURT OF COMMON PLEAS r, OF CUMBERLAND COUNTY, PENNS�j Vim jl IIA .,t 0.1 U1 T,. /14Sb Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLQ 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 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 within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Date Respectfully submitted: ban Lobb, Esq., Id. No.312174 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: Stafe, Zip: Is the property for sale? Yes D No D Listing date: Price: $ Realtor Name: Borrower Occupied? Yes Q No Mailing Address (if different): City: Phone Numbers: Phone: Email: Horne: Cell: State: Office:.. Other: Zip: # of people in household: How long? Mailing Address: City: Phone Numbers: Email: State Zip: Home: Cell; Office: Other: # of people in household: How Iong7, First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Prima Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ . $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2: Model Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value, Monthly Income Name of Employers: 1 Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. monthly amount: 2. monthly; amount: Borrower Pay Days: Co=Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2°d Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Other prop. payment Auto fuel/repairs Install. Loan Payment Cable TV Child Support/Alim. Spending Money Other Expenses Day/Child Care/Tuit. Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax:. Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes [I] No❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): hone: Contact: . IfWe, , authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co -Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1 Proof of income 2 Past 2 bank statements 3 Proof of any expected income for the last 45 days 4 Copy of a current utility bill 5 Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6 Listing agreement (if property is currently on the market) PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 r 11.G;: '.j,' r ii P OTHON'O iAi- 201411AR 12 AM 10; 414 CUMBERLAND CQUNTY PENNSYLVANIA ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD CIVIL DIVISION FORT MILL, SC 29715 �� v�)�O Plaintiff, NO.: vs. ERIC BURD 4155 BIRCHWOOD LANE MECHANICSBURG, PA 17055-6087 Defendant. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes WELLS FARGO BANK, N.A., by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW 6) BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). 062=PA=V4' ,4k4 /03, 1`''° ' 2. The Defendant is, ERIC BURD, with a last known address of 4155 BIRCHWOOD LANE, MECHANICSBURG, PA 17055-6087. 3. In order to protect the borrower's privacy, certain personal information of the borrower (such as loan account, Social Security numbers and birth dates), may have been partially or completely redacted on the exhibits to this Complaint. 4. 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 copy of said Promissory Note is marked Exhibit "A", attached hereto and made a part hereof. 5. On or about January 29, 2010, ERIC BURD made, executed and delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR FIRST NATIONAL BANK OF CHESTER COUNTY THRU AM HOME BANK DIVISION a Mortgage in the original principal amount of $348,600.00 on the premises described in the legal description marked Exhibit "B", attached hereto and made a part hereof. Said Mortgage being recorded in the Office of the Recorder of CUMBERLAND County on March 24, 2010, in Instrument No. 201007331. 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. 6. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded March 13, 2013, the mortgage was assigned to WELLS FARGO BANK, NA which Assignment is recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 201308062. The Assignment is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 7. ERIC BURD is record and real owner of the aforesaid mortgaged premises. 8. Defendant is in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the installments of principal and interest due October 1, 2013. 062-P) V4' . 9. As of 02/28/2014, the amount due and owing Plaintiff on the mortgage is as follows: Principal $329,727.87 Interest From 09/01/2013 to 02/28/2014 $8,493.32 Late Charges $288.75 Escrow Advance $698.48 Property Inspections $0.00 Property Preservation $0.00 BPO/Appraisal $0.00 Escrow Balance $0.00 Corporate Advance Credit $0.00 Total $339,208.42 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. 10. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as' amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s). 11. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability in a bankruptcy proceeding, this action is in no way an attempt to re-establish such liability. 06-PA=V4• WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $339,208.42, with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Date: 062 -PA -V4, By: J01111 Lobb, Esq., Id. No.312174 Attorney for Plaintiff Exhibi 44A,9 r" NOTE January 29th, 2010 York, PA to Icl (City) 9155 Birchwood Lane, Mechanicsburg, Pennsylvania 17055 IPtopeny Address] Ptak) 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, !Promise to pay U.S. $348,600.00 (this amount is called "Principal"), plus interest, to'the order of the Lender. The Lender is First National Bank of Chester County thru AM Home Bank Division . 1 will make all payments under this Note in dm form of cash, check or money order. 1 understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 5.250 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(0) of this Note. 3. PAYMENTS (A) Time and Place of Payments 1 will pay principal and interest by making a payment every month. 1 will make nay monthly payment on the 1st day Mead) mond] beginning on March 1st , 2010 . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that 1 may owe under diis Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on February 1st, 2040 , I still owe amounts under this Note, 1 will pay those amounts in full on Madam, which is called the "Maturity Date." 1 will make my monthly payments at 3840 Hemplarid Road, MovintvilLe; PA 17554 or at a different plate if,requirollty,the Nom Holder. . (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 1,924.98 4. BORROWER'S RICHT TO PREPAY I have the right to make payments of Principal at aay Mite before tlrey are due. A payment of Principal only is • known as a "Prepayment." When I make a Prepayment, 1 will tell the Note Holder in writing that 1 am doing so. 1 may not dcsigtlate n payment as a Prepayment if I have not made alt, the tnouttly paynrcuts due under the=Note, 1 may;makc 2. fu11 Prepaynmtenl or parllal Ptep5ymeotswithouepayinB a Prepayntent charge. The'Note Bolder will use. my. Prepayments to reduce the amount of -Principal ihat 1 owe under Orfs Nbte however; the Noie;iloldermay apply • my Prepayment tit; the accrued and unpaid interest on the Prepayrucnt-aroount, before applying my Pieptyment:to reduce tie Principal amount of the Noss, If 1 mulcts partial-Pitpayoaegt, there, will,be inti chatlges in.abe due'date aria the . innount of my =nail y'payment unless the Note Voider agieesro wntiog to Mose changes. " - - - 5. LOAN CHARGES lfa law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or otter loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any suns already collected from me which exceeded permitted limits will be refunded to inc. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received die full amount of any monthly payment by die end of Fif teen calendar days after the date it is duc, 1 will pay a late charge to the Note Holder, The amount of the charge will be 5.000 % of my overdue payment of principal and interest. 1 will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, 1 will be in default. (C) Notice of Default If I am in default, de Note Holder may send me a written notice telling me that if 1 do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all dm interest that I awe on that amount. Thai date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means, (D) No Waiver By Note Holder Even if, at a time when i ant 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 1 am in default at a later time. MULTISTATE FIXED RATE NOTE—Single Family --Fannie Nine/Freddie Mne UNIFORM INSTRUSIE1T AAICNI -031820x9 Form320D 1/01 (pnge 1 ef2Fuge) mew.ProClose. nom I ,1 Loan ID # 0000725838 (E) Payment of Nott! Holder's Gormand Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by in for 811 of its casts and expenses in enforcing this Note to the extent not prohibited by applicable law. Those capcosce include, for example,reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a differeal method, any notice that must he given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or ata different address if 1 give the Note Holder a notice of my different address. Any notice that must be given w the Note Holder under this Note will be given by delivering it or by hailing it by first class mail to die Note Holder at the address stated in Section 3(A) above or at a different address if 1 am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally: obligated to keep all of die promises made in this Note, including the promise to pay•the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any peison who lakes' Over these obligations, including the obligations of a guarantor, surety orendorser of this Note, is also obligated to keep all of the premises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS t and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means disc right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" nears the right to require the Note Helder to give notice to other persons that amounts due have not been paid. ID. UNIFORM SECURED NOTE This Note is a uniforns instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same dale as this Note, protects the Note Holder from possible losses which night result tf I do not keep the promises whicli 1 shake in this Note. That Security Instrument describes how and under what conditions 1 may be required to make imlihudixte payment in full of all amounts I owe -under` this Now, Sonic of those conditions are described as follows: If all or any part ante Property or any Interest in the Properly is sold or transferred (or if Borroweris not a natural pehson and. a beneficial interest in Botrowera5 sold or transferred) without Lender's prior written consent, Lender may require immediate payment In full oral! suns -secured by this Security Instrument. However, this option shall twt be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this'optioo, Lender shall give Borrower notice of at:dt:icration, The notice shall provide a period of not less than 30 days from the datc the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. if Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. Flat *boat tiasoons Poo VA"b!lroDark IArdor IIA bRl�iMitiOfal ClaWrinat Am Homo Rank Division! o na L. lY le V.P. Bused (Seal) • -Borrower, (Seat) .Borrower (Sctil) -Borrower (Sea» -Borrower . (Seal) -Borrower (Seal) -Borrower MULTISTATE FIXED RATE DOTE—Single fondly—Fannie .lae/Freddle Mn, UN1F01281 LNS720231Ew\T AAICN2- 03182009 (Sign Original Only] Form 3200 1/01 (page 2 of 2 page) www.ProClow.corn oingood4 WON *vie 644 viol A* Artion till* f!1rfr!'ik'lop I�� O fi� WO tmri Raatvfa Ansa - mai WITHOUT RECOURSE PAY TO THE ORDER OF WEL FARGO AHK, N.A. 9y Scoli M. Swanson sslslanl Vice P�esldenl Exhibit "B" LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in Lower Allen Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows to BEGINNING at a point on the eastern dedicated right-of-way line of Birchwood Lane (60 foot wide right-of-way) at the dividing line between Lot 2, Lot 3 and Lot 1; THENCE along said the dividing line between Lot 2, Lot 3 and Lot 1, South 74 degrees 35 minutes 51 seconds East a distance of 145.21 feet to a point; said point being on the dividing line between Lot 1 and Lot 3; THENCE along the dividing line between Lot 1 and Lot 3, South 18 degrees 45 minutes 17 seconds East a distance of 57.98 to a point, said point being on the dividing line between Lot 3 and Lot 4; THENCE along said the dividing line between Lot 3 and Lot 4 South 71 degrees 12 minutes 3 seconds West a distance of 153.78 feet to a point, said point being on the eastern dedicated right-of-way line of Birchwood Lane; THENCE along the eastern dedicated right-of- way line of Birchwood Lane, North 18 degrees 47 minutes 57 seconds West a distance of 30.00 • feet to a point; THENCE along the same; along a curve to the right having a radius of 195.00 feet and an arc distance of 116.40 Leet, said arc being subtended by a chord of North 1 degree 41 minutes 54 seconds West a distance of 114,68 feet to a point, said point being.the POINT OF•• BEGINNING. • CONTAINING 15,387 square feet. BEING Lot Number 3 on the Final Subdivision Plan of Yellow Breeches Farm, as prepared by Mellott Engineering dated March 22, 2004, Drawing ID 203046COV, Sheet 3 of 8. PROPERTY ADDRESS: 4155 BIRCHWOOD LANE, MECHANICSBURG, PA 17055- 6087 PARCEL #13-31-2136-130. i File q: 942553 VERIFICATION Carol Adams, hereby states thM he s Vice President Loan Documentation of WELLS FARGO BANK, N.A., Plaintiff.in this matter, that he/ s authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/Pmformation and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: Carol Adams TitIe: Vice President Loan Documentation Company: Welis Fargo Bank, NA Date: 03/03/2014 086 -PA -V2 Exhibit "B" Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY Oi. 1- ICE L'r THE PROTHONTiArl ; 4;601, Ctulifire OFFICE QF THE KEMP 20MIAR 214 Am if: 23 CUMBERLAND COUNTY PENNSYLVANIA Wells Fargo Bank N.A. vs. Eric Lee Surd Case Number 2014-1450 SHERIFF'S RETURN OF SERVICE 03/18/2014 08:45 PM - Deputy Jeff kolodzi, being duly tvvOm atcording.to law, served the requested Notice Of Residential Mortgage Foreclosure-Diverson Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Robin Burd, Wife; who accepted as "Adult Person in Charge" for Eric Lee Burd at 4155 Birchwood Lane, Lower Allen Township, Mechanicsburg P 17055. SHERIFF COST: $39.76 March 19, 2014 1,crCtuniyEdi le S110 M11,11,1dos of oral, DEP SO ANSWERS, RONJtY R ANDERSON, SHERIFF * 4 " PHELAN HALLINAN, LLP Joseph P. Schalk, Esquire, Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 7365 Attorney for Plaintiff WELLS FARGO BANK, NA Court of Common Pleas 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Civil Division Plaintiff No. 14 -1450 -CIVIL v. Cumberland County ERIC BURD 4155 BIRCHWOOD LANE MECHANICSBURG, PA 17055-6087 Defendant CERTIFICATION OF SERVICE I, Joseph P. Schalk, Esquire, certify that I caused true and correct copies of Plaintiff's Motion to Lift Conciliation Stay and proposed Order to be sent sent via first class mail to the person listed below on the date indicated: ERIC BURD 4155 BIRCHWOOD LANE MECHANICSBURG, PA 17055-6087 Date: 942553 By: chalk, squire or Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, NA Court of Common Pleas 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Civil Division Plaintiff No. 14 -1450 -CIVIL v. Cumberland County ERIC BURD 4155 BIRCHWOOD LANE MECHANICSBURG, PA 17055-6087 Defendant AND NOW, this 2 74 day of ORDER Sir ke./he , 2014, upon consideration of Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. , c c :Eric Burd oseph P. Schalk, Esquire, Id. No. 91656 Attorney. for Plaintiff /15( 942553 PHELAN HALLINAN, LLP Joseph P. Schalk, Esquire, Id. No. 91656 126 Locust Street Harrisburg, PA 1.7101 215-563-7000 x 7365 ERIC BURD 4155 BIRCHWOOD LANE MECHANICSBURG, PA 17055-6087 942553 PHELAN HALLINAN, LLP_ .. Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. vs. ERIC BURD 17 `LE CFf-.t THONO tAIn', 20i4 NOV - 7 AN /0: 0 I Attorney for Plaintiff CUr"P{� br �q.) Ai'COUNTY : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 14-1450 AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above -captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant ERIC BURD 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, as amended. (b) that defendant ERIC BURD is over 18 years of age and resides at 4155 BIRCHWOOD LANE, MECHANICSBURG, PA 17055-6087 and PO BOX 113, HIGHSPIRE, PA 17034-0113. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date fig Plan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 942553 1 ,v Department of Defense Manpower Data Center Status Report Pursuarit to Service_tnembers Civil Relief Act Last Name: BURD First Name: ERIC Middle Name: Active Duty Status As Of: Nov -06-2014 Results as of : Nov -06-2014 01:39:40 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA . NA _ No 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 No ' NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force. NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 46i4f)-- ur THE FI THO OTA Y PHELAN HALLINAN, LLP 2i714 NOV 20 010: 10: 32 • Adam H. Davis, Esq., Id. No.20303,4 • 1617 JFKBoulevard, Suite -1400 r''�" � % ;:� COUNTY One Penn Center Plaza f' ��l�� S i V. iA Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 • Attorney for Plaintiff WELLS FARGO BANK, N.A. : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS ERIC BURD : CIVIL DIVISION : No. 14-1450 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against ERIC BURD, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $339,208.42 TOTAL $339,208.42 I hereby certify that (1) the Defendant's last known address is 4155 BIRCHWOOD LANE, MECHANICSBURG, PA 17055-6087, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. / Date 1 17/ 1p//Fist/ Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 14 ° 141 PH # 942553 I PROTHONOTARY °i'1 Tel a It 09)431 L fl /ewzo, #(1)30 PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite •1400 One Penn Center Plaza Philadelphia; PA 19103 Adarn.Davis@PhelanHallinan.com 215-563-7000 WELLS FARGO BANK, N.A. vs. ERIC BURD Attorney for Plaintiff CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 14-1450 AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above -captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) ERIC BURD 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, as amended. (b) that defendant ERIC BURD is over 18 years of age and resides at 4155 BIRCHWOOD LANE, MECHANICSBURG, PA 17055-6087. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date V111/44 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 942553 Department of Defense Manpower Data Center Status Report t to Servicemembers Civil Relief Act. Last Name: BURD First Name: ERIC Middle Name: Active Duty Status As Of: Nov -19-2014 Results as of : Nov -19-2014 12:11:48 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Stan Date Active Duty End Date Status Service Component NA NA - Nd NA This response reflectslhe individuals' active duty status based on the Active Duty. Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA 1 NA .. — — No- NA This response reflects where the'a individual left active dutys atus within367days 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 'No• NA This response reflects whether, themdividual orhiss er.anit_has rebelved•-earlynotification to,report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center„based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed_ Services -(Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). Thisstatus 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 (Rule of Civil Procedure No. 236) - Revised WELLS FARGO BANK, N.A. vs. ERIC BURD : CUMBERLAND COUNTY' : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 14-1450 Notice is given that a Judgment in the above captioned matter has been entered against you on i i 19D I N. If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Adam H. Davis; Esq., Id. No.203034 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM ISA DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF. YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.'` 942553 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS v: ERIC BIRD . . Plaintiff Defendant(s) TO: ERIC BURR 4155 BIRCHWOOD LANE MECHANICS.i3URRG; PA 17055-6087 DATE OF NOTICE: /42//2/41( CIVIL DIVISION NO, 14-1450 • CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 PH # 942553 CUMBERLAND COUNTY BAR . ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717)249-3166 Kenya 13t1es Esq., Id. No.203664 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 Wells Fargo Bank, N.A. Plaintiff V. Eric Burd Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: ^0 a Amount Due $339,208.42 mu) =1'1 Interest from 11/21/2014 to Date of Sale $10,873.20 ($55.76 per diem) r— <1=:i 2: CD TOTAL $350,081.62 tz COURT OF COMMON PLEAS : CIVIL DIVISION f NO.: 14-1450 CUMBERLAND COUNTY Note: Please attach description of property. PH # 942553 C..- 7. -nm Hallinan, LLP ew Brushwood, Esq., Id. No.310592 Attorney for Plaintiff 4‘98.5o Pia ivrTY C.EF 103.15 ii Up .50 11 4166.51 -PD Krtf _ca. as bue_04.7 .5o LL ct 141004 03tsliaij 0,)rii-J284104 PHELAN HALLINAN, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 matthew.brushwood@phelanhallinan.com 215-563-7000 Wells Fargo Bank, N.A. Plaintiff V. Eric Burd Defendant(s) THE PROTHONOTAI:', 21115 jAN -9 AM. 10: 56 CUMBERLAND COUNTY PENNSYLVANIA CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS • CIVIL DIVISION : NO.: 14-1450 : CUMBERLAND County The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: the mortgage is an FHA Mortgage the premises is non -owner occupied the premises is vacant Act 91 procedures have been fulfilled Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: he"n allinan, LLP Matthew Brushwood, Esq., Id, No.310592 Attorney for Plaintiff Wells Fargo Bank, N.A. Plaintiff v. Eric Burd Defendant(s) THE PRO-MOT/1;Y COURT OF COMMON PLEAS 2.1U5 JAN -9 AM 10: 56 - CIVIL DIVISION CUMBERLAND COUNTY NO.: 14-1450 PENNSYLVANIA CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo.Bank, N.A., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 4155 Birchwood Lane, Mechanicsburg, PA 17055-6087. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Eric Burd 4155 Birchwood Lane, Mechanicsburg, PA 17055- 6087 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) ` Eric Burd 4155 Birchwood Lane Mechanicsburg, PA 17055-6087 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) Yellow Breeches Farm C/O DLM LLC n/k/a Gemcraft Homes Inc. PH # 942553 2205 Commerce Road Suite A Forest Hill, MD 21050 Wells Fargo Bank, N.A. PROTHC i is . 2015 JAN --9 AM la: 56 CUMBERLAND COUNTY VeENNSYLVANIA : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION : NO.: 14-1450 Eric Burd Defendant(s) : CUMBERLAND County NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Eric Burd 4155 Birchwood Lane Mechanicsburg, PA 17055-6087 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 4155 Birchwood Lane, Mechanicsburg, PA 17055-6087 is scheduled to be sold at the Sheriff's Sale on 06/03/2015 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $339,208.42 obtained by Wells Fargo Bank, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 14-1450 Wells Fargo Bank, N.A. v. Eric Burd owner(s) of property situate in the UPPER ALLEN TOWNSHIP, CUMBERLAND County, Pennsylvania, being 4155 Birchwood Lane, Mechanicsburg, PA 17055-6087 Parcel No. 13-31-2136-130. (Acreage or street address) Improvements thereon: RESIDENTIAL. DWELLING Judgment Amount: $339,208.42 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in Lower Allen Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a point on the eastern dedicated right-of-way line of Birchwood Lane (60 foot wide right-of-way) at the dividing line between Lot 2, Lot 3 and Lot 1; THENCE along said the dividing line between Lot 2, Lot 3 and Lot 1, South 74 degrees 35 minutes 51 seconds East a distance of 145.21 feet to a point, said point being on the dividing line between Lot 1 and Lot 3; THENCE along the dividing line between Lot 1 and Lot 3, South 18 degrees 45 minutes 17 seconds East a distance of 57.98 to a point, said point being on the dividing line between Lot 3 and Lot 4; THENCE along said the dividing line between Lot 3 and Lot 4 South 71 degrees 12 minutes 3 seconds West a distance of 153.78 feet to a point, said point being on the eastern dedicated right-of- way line of Birchwood Lane; THENCE along the eastern dedicated right-of-way line of Birchwood Lane, North 18 degrees 47 minutes 57 seconds West a distance of 30.00 feet to a point; THENCE along the same, along a curve to the right having a radius of 195.00 feet and an arc distance of 116.40 feet, said arc being subtended by a chord of North 1 degree 41 minutes 54 seconds West a distance of 114.68 feet to a point, said point being the POINT OF BEGINNING. CONTAINING 15,387 square feet. BEING Lot Number 3 on the Final Subdivision Plan of Yellow Breeches Farm, as prepared by Mellott Engineering dated March 22, 2004, Drawing ID 203046COV, Sheet 3 of 8. TITLE TO SAID PREMISES VESTED IN Eric Burd, a married man, .by Deed from DLM, LLC., dated 01/29/2010, recorded 03/24/2010 in Instrument Number 201007330. PREMISES BEING: 4155 Birchwood Lane, Mechanicsburg, PA 17055-6087 PARCEL NO. 13-31-2136-130. THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net WELLS FARGO BANK, N.A. Vs. ERIC BURD WRIT OF EXECUTION NO 14-1450 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $339,208.42 L.L.: $ .50 Interest from 11/21/14 to Date of Sale ($55.76 per diem) -- $10,873.20 Atty's Comm: Atty Paid: $188.51 Plaintiff,Paid:• Date_,.1/9/15 (Seal) . '. Due Prothy: $ 2.25 Other Costs: David D. Buell, Prothonotary REQUESTING PARTY: Name: MATTHEW BRUSHWOOD, ESQUIRE Address: PHELAN HALLINAN, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 310592 Deputy