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HomeMy WebLinkAbout14-1908 y f; - t For Prothonotary Use Only: l � u prte:m �e Cw' W r t ' � , -4o P� e! n n s I v,a n i,a. JY " 4V _ R Docket No. . pr and The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of leadin s or other papers as required by law or rules of court. r Commencement of Action: S ® Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiffs Name: Wells Fargo Bank, NA Lead Defendant's Name: Dana M. Miller ` T I 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 jPro Sel Litigant) Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your i 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 1 ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment i ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Department of Transportation I ❑ Premises Liability (does not include ❑ Statutory Appeal: Other 1 S mass tort) E ❑ Slander/Libel/ Defamation ❑ Employment Dispute: ❑ Other: Discrimination C ❑ Employment Dispute: Other ❑ Zoning Board T ❑ Other i I E O ❑ Other N MASS TORT ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant i 13 ❑ Toxic Waste REAL PROPERTY MISCELLANEOUS ❑ Other: ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment j ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Disput ❑ Non - Domestic Relations i ® 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 McCABE, WEISBERG & CONWAV, 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 `= X" =? - ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 7 MARISA J. COHEN, ESQUIRE - ID # 87830 `f'r cr CHRISTINE L. GRAHAM ESQUIRE -1'D # 309480 ~i BRIAN T.,LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 r' JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID #' 313673 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790 -1010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,' PENNSYLVANIA. Wells Fargo Bank, NA 'CIVIL DIVISION 101 North Phillips Avenue Sioux Falls, SD 57104 No.: ) L4 (� t J Plaintiff, V. Dana M. Miller 301 North 26th Street Camp Hill, PA 1701 i and Adam J. Miller 301 North 26th Street Camp Hill, PA 17011 -362 Defendants. CIVIL ACTION- COMPLAINT IN MORTGAGE FORECLOSURE And now comes Wells Fargo Bank, NA, by its attorneys; McCabe; Weisberg & Conway, P.C. and files this Complaint in Mortgage Foreclosure as follows: 062 -PA -V3 File #66065 NOTICE AVISO You have been sued in court. If you wish to Le han demandado a usted en la corte. 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) dias 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 provisiones 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 SI 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. 1NFORMACION 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 062 -PA -V3 File ri66065 ' 1. The Plaintiff is Wells Fargo Bank, NA, at 101 North Phillips Avenue, Sioux Falls, SD 57104 (hereinafter "Plaintiff'). 2. The Defendants, Dana M. Miller and Adam J. Miller are individuals whose last known address is 301 North 26th Street, Camp Hill, PA 17011 and 301 North 26th Street, Camp Hill, PA 17011 -362. 3. Wells Fargo Bank, N.A. successor by merger to Wachovia Bank, N.A., directly or through an agent, has possession of the Promissory Note. Wells Fargo Bank, N.A. successor by merger to Wachovia Bank, N.A. is either the original payee of the Promissory Note or the Promissory Note has duly been indorsed. A true and correct copy of said Promissory Note is marked Exhibit "A ", attached hereto and made part hereof 4. On or about February 1, 2006, Dana M. Miller and Adam J. Miller, made, executed and delivered to Wachovia Bank, National Association a Mortgage in the original principal amount of $172,860.00 on the premises described in the legal description marked as Exhibit "B ", attached hereto and made a part hereof. Said Mortgage being recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1939, Page 1235. 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. Subsequent thereto, Wachovia Bank, National Association merged with and into Wells Fargo Bank, NA, Plaintiff herein. 6. Plaintiff is the current Mortgagee. 7. Dana M. Miller and Adam J. Miller are the record and real owners of the aforesaid mortgaged premises. 062 -PA -V3 File #66065 8. 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 April 1, 2011. 9. As of February 19, 2014, the amount due and owing Plaintiff on the mortgage is as follows: The total amount due the Plaintiff on said Note through February 19, 2014 is $202,691.18 which breaks down as follows: Principal ` $154,100.73 Interest From 03/08/2011 to 02/19/2014 @ 6.99% $30,908.53 Pre - acceleration Late Charges $334.75 Property Inspections $0.00 Appraisals /Brokers Price Opinion $33.00 Escrow Deficit $17,314.17 Total $202,691.18 Per diem interest in the amount of $29.51134 will accrue on the principal from February 19, 2014 and thereafter in accordance with the Note 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 Defendants. 062 -PA -V3 File #66065 11. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendants, but reserves its right to do so in a separate legal action if such right exists. If Defendants 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 $202,691'.18, with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. McCABE, WEISBERG & CONWAY, P.C. P BY. Terrence J. McCabe, Esquire [ ] Marc Weisberg, Esquire ] Edward D. Conway, Esquire [ ] Margaret Gairo, Esquire [ ] Andrew L. Markowitz, Esquire [ ] Heidi R. Spivak, Esquire [ ] Marisa J. Cohen, Esquire [ ] Christine L. Graham, Esquire [ ] Brian T. LaManna, Esquire [ ] Ann E. Swartz, Esquire [ ] Joseph F. Riga, Esquire [ ] Joseph I. Foley, Esquire [ ] Celine P. DerKrikorian, Esquire Attorneys for Plaintiff Dated: , 2014 062 -PA -V3 File #66065 VERIFICATION Lizet Alvarado Suarez, hereby states that he /she is Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff in this matter, that he /she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his /her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Nam 0 m Lizet Alvarado Suarez Title: Vice President Loan Documentation Company: WELLS FARGO BANK, N.A. Date: 02 a y aG y 086 -PA -V2 File #66065 EXHIBIT. A " BK: 08 40C: LN TP: 69 Ref. No. RC: 5111186 0172000/00 Date. 02/01/06 Acct. No. Note BORROWER(S): ADAM J MILLER DANA M MILLER 550 WALNUT ST LEMOYNE. PA 17043 Amount Financed S 172860.00 1. BORROWER(S) PROMISE TO PAY. In return for a loan that I have received, the undersigned Borrower(s) (hereinafter referred to as "l," "me," or "my) jointly and severally promise to pay to Wachovia Bank, National Association, a national banking association organized and existing under the law of the United States of America ( "Lender% the sum of $ 172860.00 (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 higher than 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. I agree to pay Interest on the unpaid Principal balance of this Note owing after maturity, and until paid in full atthe 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 /365th 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_ 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 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 payment. Check One: Fixed Rate: I agree to pay interest on the outstanding Principal balance at a fixed annual rate of s.ss % ("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: (i) 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 shall 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 Well Street Joumal, 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. ❑ 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 Wall Street Joumal, Eastern Edition. If there is more than one LIBOR published on an Index Date, then the Note Holderwill 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. 56S %7 (Rev W) 1 Mufti -State Real Estate Nate (D) CalCUlati3n 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 1 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 Nate 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. I 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 me change. On each Change Date, the Note Holder will determine the ® monthly F-1 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. I 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). Payment Schedule: Number of Payment Frequency Start/Due Number of Payment Frequency Start/Due Pa menu Amount Date Payments Amount Date 240 $1339,04 M 03/01/06 $ S _ Frequency Le end: M = Monthly Q - Quarterly S = Semi Annually A = Annuall 565957 (Rev 04) y (17/06) Mu1tFState Real Eetate Note (B) Place of payments: I will make my payments in U.S. funds payable to the Note Holder at the 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 1 make on this Note will first reduce the amount of accrued unpaid Interest, then anyoptional 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 02/01/26 , 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 1 have selected. I understand that the actual total premium amount I pay will depend upon my payment record. I 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 makes a final p that Is significantly lamer than any other payment ("Balloon Pavment") I understand that I may be required to make this Balloon Payment on the Maturity Date I understand +hat the law nov mina this Note may provide me with a right to refinance any Balloon Payment, If I have a right to refinance anv Balloon Payment the Not Holder will advise me asto whether I have a timlted right to refinance and the terms surrounding such refinance Otherwise I understand that the Balloon Payment disclosed above will be due and oavable on th a Due Date disclosed above 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: The following late charges will apply to the extent the Note is governed by the laws of the jurisdiction referenced in the subsection header or text: (1) Alabama: If a payment is not received in full within 10 days of the date it is due, I will pay a late charge equal to of 5% of the unpaid portion of the scheduled payment amount or $10.00, whichever Is greater. However, the late charge will never be greater than $100.00. (ii) Connecticut: If a payment is not received in full within 10 days of the date it is due, I will pay a late charge equal to 5% of the unpaid portion of the scheduled payment amount or $1 0.00, whichever is less. (Iii) Delaware: If a payment is not received in full within 10 days of the date it is due, I will pay a late charge equal to 5% of the scheduled payment amount. (iv) District of Columbia, Florida, Georgia, Maryland, Tennessee, Texas, or Virginia: If a payment is not received in full within 10 days of the date it is due. I will pay a late charge equal to 5% of the unpaid portion of the scheduled payment amount. (v) Mississippi: If a payment is not received in full within 15 days of the date it Is due, 1 will pay a late charge equal to 4% of the unpaid portion of the scheduled payment amount or $5.00, whichever is greater. However, the late charge will never be greater than $50.00. (vi) New Jersey: 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 5% of the unpaid portion of the scheduled payment amount. (vil) North Carolina: 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. (viii) Pennsylvania: If a payment Is not received in full within IS days of the date it is due. I will pay a late charge equal to 5% of the scheduled payment amount. (ix) South Carolina: If a payment is not received in full within 10 days of the date It is due, i will pay a late charge equal to 5% of the unpaid portion of the scheduled payment amount. However, the late charge will never be less than $5.80 or more than $14.50. These amounts may change so as to always be the maximum amount allowed by law. (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) Prepayment Charge: If this Note is governed by the laws of Connecticut, Delaware, Florida, Georgia, Tennessee or Virginia, and I prepay this Note in full at any time prior to the expiration of 2/3rds of the term of this Note, I will pay a prepayment penalty of $100.00. If this Note is governed by Maryland law and Lender will be secured in the first lien position as of the date of this Note, and if I make a full prepayment of the Principal at any time prior to the expiration of 2/3rds of the term of this Note, I will pay a prepayment penalty of $100.00. If this Note is governed by the laws of a jurisdiction other than those referenced in this subsection above, I will not have to pay a prepayment penalty. (D) Origination Fee: if an origination fee or other fee or charge is charged as included on the HUD-1, HUD -1A, 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. (E) Additional Charges: 1 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 (iii) If I die; or (Iv) If I become involved in any bankruptcy or insolvency proceeding; or 565957 (Rev O{) J (12/05) Murif -61ats Real Fatale Nola (v) If thel 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 taw. 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_ (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. Those expenses include, for example, reasonable attorneys' fees for an attorney who is not the Note Holder's salaried employee, foreclosure fees and court costs. In no event shall these expenses exceed fifteen percent (I S%) 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 1 do not keep the promises that 1 make in this Note. The Security Instrument describes how and under what conditions I 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, 1 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. I 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. 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 Payment is 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 1 want the Note Holder to handle an Excess Payment differently, 1 will tell the Note Holder in writing. I understand that Interest will continue to accrue on the outstanding principal balance and that if 1 want maximum Interest savings from Excess Payments, I should continue to make payments on or before the scheduled due date. S. BORROWER'S WAIVERS. 1 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.' 585957 (R— a) (12105) matu-su s Read Estate NOW 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 I give the Note Holder a notice of my different address. the Note H der t the u address provided o o m by the Note Holder. A notice a will be mailed to the Note Holder at different address if 1 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. 11. EXTENSIONS AND MODIFICATIONS. All Guarantors, Sureties, Co- Signers, Endorsers and I consent to any and all extensions of time, renewals, waivers or modifications which may be granted or consented to bythe Note Holder aso the time of payment or any other provision of this Note. If In its sole discretion, the Note Holder permits an extension, 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 REQUIREMENTS. 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 agreementwith the Note Holder, the Note Holder may purchase insurance at my expense to protect the Note Holders 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 t 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 that the 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 agree that the failure by the Note Holderto perfect any security interest granted by this Note shall not affect my liability or the liability of any Guarantor hereon. 14. GOVERNING LAW. This Note shall be governed by federal law and, to the extent not preempted by federal law, the laws of the State where the Property securing this loan is located. 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., Commercia/Law §12 -1001 ef. 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 law 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. 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 credit or 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. 66+967 (Rev 04) 6 (12A36) Mu* Stale Real Estate 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. THIS NOTE MAY PROVIDE FOR THE PAYMENT OF A PENALTY IF THE BORROWER WISHES TO REPAY THIS NOTE PRIOR TO THE DATE PROVIDED FOR REPAYMENT IN THIS NOTE. 4. THE BORROWER IS ENTITLED TO A COPY OF THIS NOTE. 5. DO NOT SIGN THIS NOTE IF IT CONTAINS ANY BLANK SPACES. 6. THE BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS NOTE. For Texas residents only: NOTICE TO CONSUMER: UNDER TEXAS LAW, IF YOU CONSENT TO THIS AGREEMENT, YOU MAY BE SUBJECT TO A FUTURE RATE AS HIGH AS PERCENT PER YEAR. By signing a sealipthis Note, I agree under seal to the terms set forth above. Borrows [ SEAL] ADAM J MILLER [SEAL) Borrower D ANA M MILLER Any Guarantor, Surety, Co- Signer or Endorser of this Note acknowledges receipt and execution of the Co- Signees Notice. Guarantor - Co- Signer [SEAL] Guarantor - Co- Signer SEAL] FOR OFFICE USE ONLY Endorsement. Pay to the Order of Without Recourse By: Name: Title: sesss? (R.,, oq s ( 12MM Whirl -state Real Estate Nora TRUTH -IN- LENDING DISCLOSURE STATEMENT Date of Disclosure Statement: 02101/06 Visit No.: Borrower(s): ADAM J MILLER DANA M MILLER Creditor: C Ynk N do a Association The words 1 11 In "" nnN n - re err o� Borrowers and "you" and "your" refer to Wachovla Bank National Association. ANNUAL PERCENTAGE RATE: FINANCE CHARGE Amount Financed: The amount of Total of Payments: The amount I The coat 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. % 7.06 $ 149384,60 $ 171985.00 $ 321369.60 MY payrnent schedule will be: No. of Payment Amount* Frequency Start/Due Date No. of Payment Amount' Frequency Start/Due Date - Payments Pa ments 240 51339.04 M 03/01/06 S S $ If my Payment Amount shows a ran e my payment will vary between these two amounts. Frequency La end: M = Month) Q - Quarterly S = Semi Annually 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 E] 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 E5 scheduled payments. The rate may not Increase more than once every month(s). My rate will not increase above % If checked, my rata 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 $84.94 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 $202.82 to $210.72 if my payments were due monthly; from $611.72 to $638.23 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 $2,617.58 if my payments were due annually. Security: I am giving a security interest in: The goods or property being purchased. _ Other (describe): Collateral securing other loans with you, except my principal dwelling or household goods, may also secure this loan. Insurance: If this loan is secured. I may obtain property Insurance from any insurer I choose. Filing Fees and Taxes: $ 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 5% 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. I 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 b ow,_acknowledge receipt of a copy of this Disclosure on the date Indicated above. Borrower AM J MILLER Borrower Borrower DANA M MILLER Borrower 559M (Rev 02) (12A;5) PA nL EXHIBIT "6" E ALL THAT CERTAJN tract of land with the iinprovem nts thereon erected, actuate in the borough Of Coriltle, Cumberland Cm*, Pon n�yh+anla, bounded afw desorbed as follows, BEGIN NINO on the Soulh by West WilIatK 5#Peet; on the Welt by a twenty (20) feet wide public alley; on the Noith by a Wenty (20) fist wider ¢ublia alley; " on me Esat by pr*erty now or formerly of LosterlEtter -; CQNTAMM sbdy (60) feet In fr along to o Notttawtm line of taixty {60j feet *t wide West 1Nillow Street and wdendlng Westwardly an event wk th a distarice of one hundred twenty (I feet to a twenty (20) f eet wide public alley, SMNG improved with a two story brick and ft me dWelling ha known as and numberod 261 WestWftow Street, Corlisle, PA 171143. I Certify this to be recc�rcicd In CU"Iberland Coup <\ P41 1 EOXMINT 1,9319K 1724.2 W2512012 11.12.29 AM CUMBERLAND COUNTY Inst* 200603799 - POP 8 Of 8 FORM 1 Wells Fargo :Bank, NA IN THE COURT OF COMMON PLEAS (5;? Plaintiff CUMBERLAND COUNTY, PENN SY.LVAN, A � ✓� vs. Dana M. Miller and Adam. J. Miller � � R civil Defendants W NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with 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. 3 Respectfully submi Date [Signature of Counsel for Plaintiff] 66065 Page 1 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 91: 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): 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 " 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. I 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 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ,.iJ 3=�, Sheriff kHEr UE�fQf �l / 0, Jody S Smith 1JjL1 Chief Deputy Richard W Stewart CU� NSAND CDi1NTY Solicitor �� ` PENNSYLVANIA Wells Fargo Bank National Association vs. Case Number Dana M. Miller(et al.) 2014-1908 SHERIFF'S RETURN OF SERVICE 04/03/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Adam J. Miller, 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 261 West Willow Street, Carlisle Borough, Carlisle, PA 17013. Residence is vacant. 04/03/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Dana M. Miller, 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 261 West Willow Street, Carlisle Borough, Carlisle, PA 17013. Residence is vacant. 04/25/2014 03:45 PM- Deputy Dawn Kell, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Dana M. Miller at 301 N. 26th Street, Camp Hill Borough, Camp Hill, PA 17011. DAWN KELL, DEPUTY 04/25/2014 03:45 PM - Deputy Dawn Kell, 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 Dana Miller,wife, who accepted as"Adult Person in Charge"for Adam J. Miller at 301 N. 26th Street, Camp Hill Borough, Camp Hill, PA 17011. ern • Vizic DAWN KELL, DEPUTY SHERIFF COST: $77.90 SO ANSWERS, April 28, 2014 RONNY R ANDERSON, SHERIFF McCABE, WEISBERG AND CONWAY, P.C. iY: 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. Adam J. Miller and Dana M. Miller Defendants Attorneys for Plaintiff 12 x;:-110. c CLINBERLA ND COUNT kr' CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 14-1908 ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendants, Adam J. Miller and Dana M. Miller, in the above -captioned matter for failure to answer Complaint Procedure, and assess damages as follows: Amount Due Interest from 02/20/14 to 06/04/14 Total as required by Pennsylvania $ 202,691.18 $ 3,098.69 $ 205,789.87 McCABE, WEISBERG & CO _ AY, P.C. BY: [ ] T- 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 arc S. Weisberg, Esq. Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [vhristine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph I. Foley, Esq. [ ] Jennifer L. Wunder, Esq. [ ] Carol A. DiPrinzio, Esq. Rules of Civil AND NOW, this P' day of jVjl, , 2014, Judgment is entered in favor of Plaintiff, Wells Fargo Bank, NA, and against Defendants, Adam J. Miller and Dana M. Miller, in rem only and not in personam, and damages oatiA6 gi.so Cb#0115 083 861ass OrOte Mead are assessed in the amount of $205,789.87, plus interest and .sts. BY THE 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, NA Plaintiff v. Adam J. Miller and Dana M. Miller Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 14-1908 AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF PHILADELPHIA: The undersigned, being duly sworn according to law, deposes and says that the Defendants, Adam J. Miller and Dana M. Miller, are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, 50 U.S.C. App. §501, et seq.; and that the Defendants, Adam J. Miller and Dana M. Miller, are over eighteen (18) years of age, and reside as follows: Adam J. Miller, 301 North 26th Street Camp Hill, PA 17011-362 SWORN AND SUBSCRIBED BEFORE ME THIS OF DAY N ARY PUBLIC Dana M. Miller, 301 North 26th Street Camp Hill, PA 17011 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 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL LISA M. IRELAND, Notary Public City of Philadelphia, Phila. County My Commission Expires July 16, 2017 [ [ arc S. Weisberg, Esq. argaret 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, Esq. 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, NA Plaintiff v. Adam J. Miller and Dana M. Miller Defendants Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 14-1908 AFFIDAVIT OF LAST -KNOWN MAILING ADDRESS OF DEFENDANTS COMMONWEALTH OF PENNSYLVANIA: SS. 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 addresses of the Defendants are: Adam J. Miller 301 North 26th Street Camp Hill, Pennsylvania 17011-362 SWORN AND SUBSCRIBED BEFORE ME THIS `-r DAY OF OTARY PUBLIC COMMONWEALTH 0 NOTARIAL S bikys for Plaintiff LISA M. IRELAND, No r - City of Philadelphia, Phila. County My Commission Expires July 16, 2017 Dana M. Miller 301 North 26th Street Camp Hill, Pennsylvania 17011 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. flUn ,ets, Esq. [ ] Marc S. Weisberg, Esq. ] Margaret 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, Esq. ] 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, NA Plaintiff v. Adam J. Miller and Dana M. Miller Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 14-1908 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 Defendants 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. Copies of said letters are attached hereto and marked as Exhibit "A". SWORN AND SUBSCRIBED BEFORE ME THIS OF DAY 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. Weisberg, Esq. ] Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [hristine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph I. Foley, Esq. [ ] Jennifer L. Wunder, Esq. [ ] Carol A. DiPrinzio, Esq. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL LISA M. IRELAND, Notary Public City of Philadelphia, Phlla. County M Commission Fres Ju 16, 2017 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. BY: C [ ] Terrence J. McCabe, sq. ] Marc S. Weisberg, Esq. [ ] Edward D. Conway, Esq. [ ] Margaret Gairo, Esq. [ ] Andrew L. Markowitz, Es.. [ ] Heidi R. Spivak, Esq. [ ] Marisa J. Cohen, Esq. [-i-Christine L. Graham, Esq. [ ] Brian T. LaManna, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph F. Riga, Esq. [ ] Joseph I. Foley, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Jennifer L. Wunder, Esq. [ ] Lena Kravets, Esq. [ ] Carol A. DiPrinzio, Esq. Attorneys for Plaintiff Wells Fargo Bank, NA v. Adam J. Miller and Dana M. Miller Cumberland County; Number: 14-1908 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary May 16, 2014 To: Dana M. Miller 301 North 26th Street Camp Hill, Pennsylvania 17011 Wells Fargo Bank, NA vs. Dana M. Miller Adam .1. Miller Cumberland County Court of Common Pleas Number 14-1908 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 WITII THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT wrrHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUI' 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 IAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU wrrH 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 MAYOFFER 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 rws BY: [ ] Terrence J. M, ate, Esquire [ ] Edward D. Conway, Esquire [1 Andrew L. Markowitz, Esquire [ ] Marisa J. Cohen, Esquire [ ] Brian T. LaManna, Esquire [ ] Joseph F, Riga, Esquire [ 1 Celine P. DerKrikorian, Esquire [ ] Lena Kravets, Esquire Attorneys for Plaintiff NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE P„EBELDIA POR NO HABER PRESENTADO UNA COMPARECENCI A ESCRITA, Y A SEA PERSONALMENTE 0 POR ABOGADO V R NO I 'ABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DF.FENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO, AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DF, ESTA NOTIFICACION, EL TRIBUNAL PUDR A, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PF:RDER BIENES U OTROS DERECHOS IMPORTANTES. USTED LE DEBE TOMAR ESTE. PAPEI. 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 AGENCI A S QUF,PUF.DENOFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO, Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 I l Marc S. Weisberg, Esquire Margaret Gairo, Esquire [ 1 Heidi R. Spivak, Esquire 1 1 Christine L. Graham, Esquire [ 1 Ann E. Swartz, Esquire [ ] Joseph 1. Foley, Esquire 1-}ci Jennifer L. Wunder, Esquire 1 Carol A. DiPrinzio, Esquire I, / OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary May 16, 2014 To: Adam J, Miller 301 North 26th Street Camp Hill, Pennsylvania 17011-362 Wells Fargo Bank, NA VS. Dana M. Miller Adam J. Miller Cumberland County Court of Common Pleas Number 14-1908 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 FIEARINC 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 10 ELIGIBLE PERSONS AT A REDUCED FEF OR NO FEE. Cumberland County Bar Association 32 South Bedford StFeet Carlisle, Pennsylvania 17013 (800) 990-9108 rWS BY: [ ] Terrence J. Ca ei 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 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 DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODR A, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OlE PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y USTED I'ERDER BIENES U OTROS DERECHOS IMPORTANTES, USTED LE DERE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. Si USTED NO TIENE A UN ABOGADO, VA A 0 TELEFONEA LA OFICINA EXPUSO A BA 10. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMACION ACT RCA DE EMPLEAR A UN ABOGADO. Si USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ. DE PROPORC1ONARLO CON 1NFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECERLOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO Ni NINOUN HONORARIO. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 [1 Marc S. Weisberg, Esquire [ ] Margaret Gairo, Esquire [ ] Heidi R. Spivak, Esquire [ ] Christine L. Graham, Esquire [ ] Ann E, Swartz, Esquire [ 1 Joseph I. Foley, Esquire vi Jennifer L. Wunder, Esquire [ ] Carol A. DiPrinzio, Esquire Department of Defense Manpower Data Center Status Report Pursuant to Ser Results as of : Jun -05-2014 07:41:22 AM cernernbers Civil Relief Act. Last Name: MILLER First Name: DANA Middle Name: M. Active Duty Status As Of: Jun -05-2014 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 DutyStatus Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA N NA ., yy r , ,^C 4 t4c l- t NA This response reflects iwhere the Individual left active duty status within 367 days preceding the Active Duty Status Date •i 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 \, w .dr - No •- .. NA This response reflects whether the individual or his/her unit has received earl notification to report for active duty t✓ 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 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(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position 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: ZA30BC25B046F70 Department of Defense Manpower Data Center Results as of : Jun -05-2014 07:47:03 AM SCRA 3.0 Status Report Pursuant to Servicemembers Civil Relief Act. Last Name: ADAM J. MILLER First Name: ADAM J. MILLER Middle Name: Active Duty Status As Of: Jun -05-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NAS - ~`` _ No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Das of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA y, •, NA -' _ - .. i , - iNo I. i NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date 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 duly status date as to all branches of the Uniformed Servi sce Army, Navy, Marine Corps, Air Force, NOM, Public Health, and Coast Guard), This status includes information on a Setvicemember 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 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 Z NA \�4 - - •,+ ` .No ,. i NA This response reflects whether the individual or his/her unit has received early no 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 duly status date as to all branches of the Uniformed Servi sce Army, Navy, Marine Corps, Air Force, NOM, Public Health, and Coast Guard), This status includes information on a Setvicemember 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 Soldiersand 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(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position 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 (NOM 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: BA97HCE5D046D00 ti Department of Defense Manpower Data Center Results as of : Jun -06-2014 11:14:21 AM SCRA 3.0 Status Report Pursuant to Servicemernblens Civil Relief Act Last Name: MILLER First Name: ADAM Middle Name: J. Active Duty Status As Of: Jun -06-2014 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 This response reflects the Individuals' active duty status based on the Active Duty Status Date 1 Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA r''y NA No , 1 • 1 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 Cali -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Dale Status Service Component NA NA �"_ - r _No -. 1 NA This response reflects whether the individual or his/her unit has received early notification to report for active duty •f i 4 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. r�. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 415107-, 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(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position 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: 7A034C06L0AD160 Department of Defense Manpower Data Center Results as of : Jun -06-2014 11:10:44 AM SCRA 3.0 Status Report Pursuant to Servicemembers Civil Relief Act. Last Name: MILLER First Name: DANA Middle Name: M. Active Duty Status As Of: Jun -06-2014 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 This response reflects the individuals' active duty status based on the Active Duty Status Date 0 Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA • NA 1 - - No . I" l NA This response reflects where the indi`vldual left active duty status within 367 days preceding the Active Druty Status Date The Member or Hfs/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date \s' Order Notification Start Date Order Notification End Date Status Service Component NA .' NA . ti• • ' No . _ r NA This response reflects whether the lndividual.or his/her unit has received early notRcation to report for active duty ser 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 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(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position 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 (NOM 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: OAX2OCE670A4T30 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Dana M. Miller 301 North 26th Street Camp Hill, Pennsylvania 17011 Wells Fargo Bank, NA Plaintiff v. Adam J. Miller and Dana M. Miller Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 14-1908 NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENThas been entered in the above procee as indicated below. 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. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Adam J. Miller 301 North 26th Street Camp Hill, Pennsylvania 17011-362 Wells Fargo Bank, NA Plaintiff v. Adam J. Miller and Dana M. Miller Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 14-1908 NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. 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. l�l(al0ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FILE NO.: 14-1908 Civil 'term Wells Fargo Bank,NA V. AMOUNT DUE: $205,789.87 Adam J. Miller and Dana M. Miller INTEREST: from 06/05/14 $6,157.06 at$33.83 ATTY'S COMM.: C Q =7s COSTS: M t-- `�`r7 trs C tom? 3> TO THE PROTHONOTARY OF SAID COURT: r X The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract,*q4yacc9tnt 0-71 based on a confession of judgment,but if it does, it is based on the appropriate original proceeding fiurs nt t c , Act 7 of 1966 as amended;and for real property pursuant to Act 6 of 1974 as amended. Q 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) 261 West Willow Street, Carlisle,Pennsylvania 17013 (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: McCABE,WEISBERG & CONWAY,P.C. BY: e '�Lk�'t6 [ ] 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 1. Foley, Esq. [ ] Celine P. DerKrikorian, Esq. [ ]Jennifer L. Wunder, Esq. [ ] Lena Kravets,Esq. [ ] Carol A. DiPrinzio, Esq. Attorneys for Plaintiff Address:123 S. Broad Street, Suite 1400 a Philadelphia, PA 19109 (HT1 C�p Attorney for: Plaintiff ! IV Telephone:(215)790 1010 1 ��•aS�Supreme Court ID No. L Y j LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected,situate in the 13orough of Carlisle, Cumberland County, Pennsylvania,bounded and described as follows; BEGINNING on the South by West Willow Street; on the West by a twenty(20)feet wide public alley; on the North by a twenty(20)feet wide public alley;and on the East by property now or formerly of Lester Etter. CONTAINING sixty(60)feet n front along the Northern line of sixty(60)feet wide West Willow Street and extending westwardly at an even width a distance of one hundred twenty(120)feet to a twenty(20)feet wide public alley. BEING improved with a two story brick and frame dwelling house known as and numbered 261 West Willow Street, Carlisle, PA 17013. Premises:261 West Willow Street,Carlisle,Pennsylvania 17013. BEING the same premises which William A. Duncan and Linda M. Duncan,husband and wife by deed dated January 31,2006 and recorded February 2,2006 in Deed Book 273,Page 97,granted and conveyed unto Adam J. Miller and Dana M. Miller. TAX MAP PARCEL NUMBER: 04-21-0322-332 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 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 C:: JOSEPH 1. FOLEY, ESQUIRE-ID#314675 ;z �11 CELINE P. DERKRIKORIAN, ESQUIRE-ID#313673 JENNIFER L. WUNDER, ESQUIRE- ID#315954 z LENA KRAVETS, ESQUIRE- ID# 316421 .7 CAROL A. DiPRINZIO, ESQUIRE-ID# 316094 A 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215)790-1010 Wells Fargo Bank,NA CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff V. NO: 14-1908 Adam J. Miller and Dana M. Miller Defendants 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: 261 West Willow Street,Carlisle, Pennsylvania 17013,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 Owners or Reputed Owners Name Address Dana M. Miller 301 North 26th Street Camp Hill, Pennsylvania 17011 Adam J. Miller 301 North 24th Street Camp Hill,Pennsylvania 17011-362 2, Name and address of Defendants in the judgment: Name Address Adam J. Miller 301 North 26th Street Camp Hill, Pennsylvania 1 70 1 1-3 62 Dana M. Miller 301 North 26th Street Camp Hill, Pennsylvania 1701 1 3. Name and last known address of every judgment creditor whose judgment is a record 1 ien on the real property to be sold: Name Address Plaintiff herein Stonehedge Condominium c/o Property Management Inc Association P.O.Box 622 Lemoyne,Pennsylvania 17043-0622 Joseph J Curerri Jr. c/o Jason E. Kelso 354 Alexander Spring Rd. Suite 1 Carlisle,Pennsylvania 17015 Stonehedge Condominium P.O. Box 622 Association Lemoyne, Pennsylvania 17043-0622 Members 1 st Federal Credit Union c/o Christopher E. Rice 10 E High St Carlisle, Pennsylvania 17013 Members I st Federal Credit Union 5000 Louise Drive Mechanicsburg, Pennsylvania 17055 4, Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein Manufacturers and Traders Trust One M&T Plaza Company, a New York banking Buffalo,New York 14203 corporation Wachovia Bank,national association 301 South College Street,VA 0343 Charlotte,North Carolina 26266-0343 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 261 West Willow Street Carlisle,Pennsylvania 17013 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg,PA 17105 ATTN: Dan Richard Commonwealth of Pennsylvania 110 North 8th Street Inheritance Tax Office Suite#204 Philadelphia, PA 19107 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department#280601 Inheritance Tax Division Harrisburg, PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O. Box 8486 Recovery Program Harrisburg,PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg,PA 17128-1230 PA Department of Revenue PO BOX 280948 Bureau of Compliance Harrisburg PA 17128-0948 Lien Section Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg, PA 17128-1230 Compliance ATTN: Sheriffs Sales United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia,PA 19106 Domestic Relations P.O. Box 320 Cumberland County Carlisle, PA 17013 Tax Claim Bureau 1 Courthouse Square Carlise,PA 17013 Commonwealth of PA Bureau of Compliance Department of Revenue Department 280946 Harrisburg, PA 17128-0946 Attn: Sheriffs Sales United States o[America c/o United States Attorney for the Middle District ofp& Harrisburg Federal Building 6LCoonhouoo 228Walnut Street,Ste.220 Harrisburg, PA 17108-1754 United States ofAmerica c/o U.S. Dept o[Justice,Room 5\l| AttyGeneral ofthe United States V50Pennsylvania Avenue NVV Washington, DC 20530'0001 United States o[America c/o U.8. Dept nfJustice,Room 44OO /\ttyGeneral ofthe United States P50Pennsylvania Avenue NVV Washington, DC 20530'0001 8. Name and address of Attorney ofrecord: Name 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 tnunsworn falsification toauthorities. CONWAY, � �Terrence~.McCabe, Esq. 1-1-Marc S. W—_—g, _-`. [ ] Edward D. Conway, Esq. [ ]Margaret Gxino, Esq. ( ] Andrew L. Markowitz, Esq. [ ] Heidi K. Spivak, Esq. [ ] Marisa J. Cohen,Esq. [ ]Christine LGraham, Esq. [ Brian T. LuMoonu Esq. [ Ann E. Swartz, Csq. [ ]Joseph P. Riga, Esq. [ ]Joseph L Pu)g\ Esq. [ ] Celine P. DcrKdkodmn Esq. [ \Jennifer LWunder, Esq. [ ] Lena Kravcts`Esq. [ ]Carol A. DiPrinzio, Esq. Attomeys for Plaintiff \ue|h Fargo Bank,N&v.Adam J. Miller and Dana M. Miller Cumberland County;Number: \4-lyO8 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 w CHRISTINE L. GRAHAM, ESQUIRE-ID#309480 `= BRIAN T. LAMANNA, ESQUIRE-ID#310321 tom- ANN E. SWARTZ, ESQUIRE- ID#201926 rpt � rrt `y �.- JOSEPH F. RIGA, ESQUIRE- ID#57716 crsr € JOSEPH 1. FOLEY,ESQUIRE-ID#314675 < ' a CELINE P. DERKRIKORIAN,ESQUIRE-ID#313673 C� JENNIFER L. WUNDER,ESQUIRE-ID#315954 z� 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,NA COURT OF COMMON PLEAS CUMBERLAND COUNTY V. Adam J.Miller and Dana M. Miller Number 14-1908 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Adam J. Miller Dana M. Miller 301 North 26th Street 301 North 26th Street Camp Hill, Pennsylvania 17011-362 Camp Hill, Pennsylvania 17011 Your house(real estate)at 261 West Willow Street,Carlisle,Pennsylvania 17013 is scheduled to be sold at Sheriffs Sale on December 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 to enforce the court judgment of$205,789.87 obtained by Wells Fargo Bank,NA 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: I. The sale will be canceled if you pay to Wells Fargo Bank,NA 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 PROPER'T'Y 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 • Suite 100 • Carlisle, PA • 17013 (717)240-6195 1750 WELLS FARGO BANK,NA Vs. NO 14-1908 Civil Term CIVIL ACTION—LAW ADAM J. MILLER AND DANA M.MILLER 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: $205,789.87 L.L.: $.50 Interest FROM 6/5/14-$6,157.06 AT$33.83 Atty's Comm: Due Prothy: $2.25 Atty Paid: $226.65 Other Costs: Plaintiff Paid: Date: 6/26/14 sj ..+ :.�� David D.Buell,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 & 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 Wells Fargo Bank, NA Plaintiff v. Adam J. Miller and Dana M. Miller Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 14-1908 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA :SS. I, undersigned, attorney for Plaintiff in the within matter, being duly sworn according to law, deposes and says that a true and correct copy of the Notice of Sheriff s Sale of Real Estate was served upon the Defendants, Adam J. Miller and Dana M. Miller. The regular mail was never returned, and the certified mail was signed for by the Defendant, Adam J. Miller, on July 17, 2014. A true and correct copy of the letter, certificate of mailing, certified receipt number 7014 0150 0002 1525 8346 and 7014 0150 0002 1525 8353 and signed green cards are attached hereto, made part hereof, and marked as Exhibit "A". COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL TERRENCE BRATHWAITE, Notary Public City of Philadelphia, Phila. County My Commission Expires June 12, 2018 SWORN AND SUBSCRIBED BEFORE ME THIS \ DAY OF s\y , 2014 McCAB IS,ERG AN7/Y, BY: [ ] Te'trence J. +IcCabe, 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, Esquire [ Attorneys for Plaintiff NOTARY PUBLIC Marc S. Weisberg,- sq. ] Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [ 1 Christine L. Graham, Esq. ] Ann E. Swartz, Esq. [ 1 Joseph I. Foley, Esq. [ ] Jennifer L. Wunder, Esquire ] Carol A. DiPrinzio, Esquire EXHIBIT A mLn mco Ln ru Postage IU CO6C cerwied Fee U.S. Postal Service ,„ CERTIFIED MAIL.., RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our webs at w spS.Com,:, OFFICIAL U..S-E © Return Receipt Fee (Endorsement Required) C) Restricted Debar/ Fee to (Endorsement Required) u'1 r 1 Tbtal Postage a Fees rJ a MIEN M � Benue or PO Box No. t iiy NAV. SceN?ver:;e to; losfruct100s -n rn U.S. Postal Service CERTIFIED MAIL,. RECEIPT (Domestic Mail Only: No insurance Coverage Provided) For delivery information visit our website at www.usps.com„: OFFICIAL USE ccoa Certified Return Receipt Feo (Endorsement Requked) Restricted Delivery Fee (Endorsement Required) lbtal Postage & Fee Sent To ."•' „As.° / SIS Pos H A, or PO Box No. City, tie*, ZIP44 0I PS Form MOO Au2ue.1'..006 See ReVe,se. ftGI InstrycliOn5 Name and Address of Sender McCabe, Weisberg and Conway, P.C. 123 S. Broad St, Suite 1400 Philadelphia, PA 19109 ATTN: Michael J. McBride - 66065 Check type of mail or service: D Certified 0 Recorded Delivery t ) OCoo Cl Registered Delivery Con irnretion 0 Ream Receipt for Merchandise ❑ Express Mail 0 Signature Confirmation P Insured 1 d, ff:.C . • :d-S./133nser .. !' 002 40° Linc Ankle NombaPostage ,, ''La-""..-- • •. 0031,'3774.94 JUL 14 2014 T 1 Adam J. Miller 301 North 26th Street Camp Hill, Pennsylvania 17011-362 2 Dana M. Miller 301 North 26th Street ylvania 1701: —"' •• ..�!f".* , . , - i 3 4 5 6 7 8 9 Total Number of Pieces Listed by Sender 2 Total Number of Pieces Received at Post Office I Cornplete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. ■ Print your name and address on the reverse so'that we can return the card to you. • Attach thls card to the back of the mallptece, or on the front If space permits. Article Addressed to: DO ko (I1, A (le' Pki0CA Zqi Sf ref-/ (i( -0)O7/7011 -3t COMPLETE THIS SECTION Ofl DELIVERY A. Signature 0 Agent 0 Addressee eceWe 1 by d N e t C. Date of Delivery i . '~ -1 D. Is delivery address different from Item 1? 0 Yes If YES, enter delivery address below: 0 No Certitied Mall` 'C7 lorlty McIl E p''Oss' ❑ Registered O'RO1`rt-Rbiseipt for Merchandise 0 Insured Mall 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (/hipster from service label 7014 0150 0002 1525 8353 PS Form 3811, July 2013 Domestic Return Receipt SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailplece, or on the front if space permits., 1, Article Addressed to: illi/Le4 el; Pear 70/ Mri � Sire J C// 1-70,)6,1„ COMPLETE THIS SECTION ON DELIVERY A. Signature X D Agent ❑ Addressee ecely y (PR to 1 Nab ""' C: JAW of Dollvel D. Is delivery adds different frsm"" ifefn 1? 0 Yes It YES, enter delivery address ow: )_ V') t? f11y/// 3. Se5Jee Type Certifled Mali* 0 Priority Mall Express" D Registered 0 Retum Receipt for Merchandise- 0 erchandiseD Insured Mall 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) 0 Yes 2; Article Number (Transfer. front servlce'la( 7014 0150 0002 1525 8346 PS Form 3811, July 2013 Domestic Retum Receipt 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 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. Adam J. Miller and Dana M. Miller Defendant `5- PI •,L,,,0COUNT" PE{'NS / NIA CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 14-1908 ,', AFFIDAVIT OF SERVICE The undersigned attorney for the Plaintiff in the within matter, hereby certifies that on the 29th day of October, 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 SUBSCRIBE BEFO E TI4IS DAY 4 .14111414 .44., di, OTARY PU,J (CNur NOTARIAL SEAL BARBARA J. MOYER, Notary Public City of Philadelphia, PMIa County 18 Commission ' McCABE, WEISBERG & CONWAY, P.C. BY: ] Terrence/. McCabe, Esquire [ ] Edward r . Conway, Esquire [ ] Andrew L. Markowitz, Esquire [ ] Marisa J. Cohen, Esquire [ ] Brian T. LaManna, Esquire [ ] Joseph F. Riga, Esquire [ ] Celine P. DerKrikorian, Esquire [ ] Carol A. DiPrinzio, Esquire Attorneys for Plaintiff [ ] Marc S. Weisberg, Esquire .1,4 -Margaret Gairo, Esquire [ ] Heidi R. Spivak, Esquire [ ] Christine L. Graham, Esquire [ ] Ann E. Swartz, Esquire [ ] Joseph I. Foley, Esquire [ ] Lena Kravets, Esquire File #: 66065 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 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. Adam J. Miller and Dana M. Miller Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 14-1908 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: 261 West Willow Street, Carlisle, Pennsylvania 17013, 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 Owners or Reputed Owners Name Address Dana M. Miller 301 North 26th Street Camp Hill, Pennsylvania 17011 Adam J. Miller 301 North 24th Street Camp Hill , Pennsylvania 17011-362 File #: 66065 2. Name and address of Defendants in the judgment: Name Address Adam J. Miller 301 North 26th Street Camp Hill, Pennsylvania 17011-362 Dana M. Miller 301 North 26th Street Camp Hill, Pennsylvania 17011-362 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 Stonehedge Condominium Association Joseph J Curerri Jr. c/o Property Management Inc P.O. Box 622 Lemoyne, Pennsylvania 17043-0622 do Jason E. Kelso 354 Alexander Spring Rd. Suite 1 Carlisle, Pennsylvania 17015 Stonehedge Condominium P.O. Box 622 Association Lemoyne, Pennsylvania 17043-0622 Members 1st Federal Credit Union do Christopher E. Rice 10 E High St Carlisle, Pennsylvania 17013 Members 1st Federal Credit Union 5000 Louise Drive Mechanicsburg, Pennsylvania 17055 Double Gold, Inc. 2322 North Seventh Street Harrisburg, Pennsylvania 17110 File #: 66065 Double Gold, Inc. c/o Donald A. Turo, Esquire 129 South Pitt Street Carlisle, Pennsylvania 17013 PNC Bank National Association 3232 Newark Drive Miamisburg, Ohio 45342 PNC Bank National Association c/o Lois M. Vitti, Esquire 215 Fourth Avenue Pittsburgh, Pennsylvania 15222 Advantage Premium Horse Blend P.O. Box 502 Berlin, New Jersey 08009 Advantage Premium Horse Blend, c/o 401 Route 73 Stark & Stark 40 Lake Center, Suite 130 Marlton, New Jersey 08053 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein Manufacturers and Traders Trust One M&T Plaza Company, a New York banking Buffalo, New York 14203 corporation Wachovia Bank , national association 301 South College Street, VA 0343 Charlotte, North Carolina 26266-0343 5. Name and address of every other person who has any record lien on the property: Name Address NONE File #: 66065 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name NONE Address 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 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 Address 261 West Willow Street Carlisle, Pennsylvania 17013 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 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 File #: 66065 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 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 File #: 66065 8. Name and address of Attorney of record: Name NONE 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. DATE McCAB BY: WEISBERG & CONWAY, P.C. [ ] Terrence J/1McCabe, 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. [ ] Carol A. DiPrinzio, Esq. Attorneys for Plaintiff Re: Wells Fargo Bank, NA v. Adam J. Miller. et al. Cumberland County; Number: 14-1908 [ ] Marc S. Weisberg, Esq. [/']'Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph I. Foley, Esq. [ ] Lena Kravets, Esq. File #: 66065 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 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. Adam J. Miller and Dana M. Miller Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 14-1908 DATE: October 29, 2014 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: Adam J. Miller and Dana M. Miller PROPERTY: 261 West Willow Street, Carlisle, Pennsylvania 17013 IMPROVEMENTS: Residential Dwelling JUDGMENT AMOUNT: $205,789.87 The above -captioned property is scheduled to be sold pursuant to the judgment of the court caption above at the Sheriffs Sale on December 3, 2014 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. If you have any questions regarding the type of lien or the effect of the Sheriffs Sale upon your lien, we urge you to CONTACT YOUR OWN ATTORNEY as WE ARE NOT PERMITTED TO GIVE YOU LEGAL ADVICE. Name and Address of Sender McCabe,-,Weisberg and Conway, P.C. 123 S. lsibad St., Suite 1400g Philadelphia,PA 19109 Attn: SETH HAMRICK - 66065 Check type of mail or service: ❑ Certified 0 Recorded Delivery (International) ❑ COD 0 Registered 0 Delivery Confirmation o Return Receipt for Merchandise 0 Ex ress Mail ❑ Si ature Confirmation p Sign 0 Insured Affix Stamp Here (if issued as a certificate of mailing,F or for additional ies of this co bill p ) Postmark and Date of Receipt I P _ ' ' U.S. F.• r_.,,,,•_, .-• • Lie hh�` '�$ } h+• ZIP2111 .?1 , 02 00013774940CT. POSTAGE »»PITNEY BOWES if% 4 1YV Q 2014 __ • 034.80 29. --- Line Article Number Addressee Name, Street and PO Address Postage Fee Handling Charge Ach if Wells Fargo Bank, NA v. Adam J. Miller and Dana M. Miller S 047 1 Stonehedge Condominium Association c/o Property Management Inc P.O. Box 622 Lemoyne, Pennsylvania 17043-0622 ' 4: - 4 ��+ �� . ,y'- > QV o 2 Joseph J Curerri Jr. do Jason E. Kelso 354 Alexander Spring Rd. Suite 1 Carlisle, Pennsylvania 17015 \DELPY'`'P 3 Stonehedge Condominium Association P.O. Box 622 Lemoyne, Pennsylvania 17043-0622 4 Members 1st Federal Credit Union c/o Christopher E. Rice 10 E High St Carlisle, Pennsylvania 17013 5 Members 1st Federal Credit Union 5000 Louise Drive Mechanicsburg, Pennsylvania 17055 6 Double Gold, Inc. 2322 North Seventh Street Harrisburg, Pennsylvania 17110 7 Double Gold, Inc. d/o Donald A. Turo, Esquire 129 South Pitt Street Carlisle, Pennsylvania 17013 8 PNC Bank National Association 3232 Newark Drive Miamisburg, Ohio 45342 .9 PNC Bank National Association do Lois M. Vitti, Esquire 215 Fourth Avenue Pittsburgh, Pennsylvania 15222 10 Advantage Premium Horse Blend P.O. Box 502 Berlin, New Jersey 08009 11 Advantage Premium Horse Blend, c/o Stark & Stark 401 Route 73 40 Lake Center, Suite 130 Marlton, New Jersey 08053 12 Manufacturers and Traders Trust Company, a New York banking corporation One M&T Plaza Buffalo, New York 14203 13 Wachovia Bank , national association 301 South College Street, VA 0343 Charlotte, North Carolina 26266-0343 14 Tenants 261 West Willow Street Carlisle, Pennsylvania 17013 15 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 16 Commonwealth of Pennsylvania Inheritance Tax Office 110 North 8i' Street Suite #204 Philadelphia, PA 19107 17 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 18 Department of Public Welfare TPL Casualty Unit Estate Recovery Program Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 19 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 20 ." PA Department of Revenue Bureau of Compliance Lien Section PO BOX 280948 Harrisburg PA 17128-0948 21 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales - 22 United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 23 Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17013 24 Tax Claim Bureau I Courthouse Square Carlise, PA 17013 25 Commonwealth of PA Department of Revenue Bureau of Compliance Department 280946 Harrisburg, PA 17128-0946 Attn: Sheriffs Sales 26 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 27 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 28 ,. 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 29 United States of America do • 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 is required on all domestic and international r gistered mail. The maximum indemnity payable or he econnruetion of nonnegotiable documents under Express Mail document reconstruction insurance is $500 per piece subject to additional limitations for multiple pieces Listed by Sender Received at Post Office lost or damages at a single catastrophic occurrence. The maximum indemnity payable on Express Mail merchandise insurance is $500, but optional 29 Express Mail Service merchandise is available for up to 85,000 to some, but not all countries. The maximum indemnity payable is 825,000 for registered mail. See Domestic Mail Manual R900, 5913, and 5921 for limitations of coverage on insured and COD mail. Sec International Mail Manual for limitations of coverage on international mail, Special handling charges apply only to Standard Mail (A) and Standard Mail (B) parcels. PS Form 3877, August 2000 a Complete by Typewriter, Ink, or Ball Point Pen