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Home My WebLink About06-4971McCABE, 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 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Wachovia Bank, N.A. 123 South Broad Street 7th Floor, Witherspoon Building Philadelphia, PA 19109-1199 V. Valerie D. Zeigler a/k/a Valerie Zeigler 215 Zion Road Mount Holly Springs, PA 17065 and Kenneth E. Zeigler, Jr. a/k/a Kenneth Zeigler 215 Zion Road Mount Holly Springs, PA 17065 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number OL -q9'71 CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFERLEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 AVISO (21u? 7k,-Yl Le han demandado a usted en Is corte. Si usted quiere defenderse de estas demands ex-puestas en las paginas siguientes, usted tiene veinte (20) dial de plazo al partir de Is fecha de la demands y la notificacion. Hace falta asentar una ccgDarencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, Is corte tomara medidas y puede continuar Is demands en contra suya sin previo aviso o notification. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisions de esta demands. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTAOFICINAPUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO Nr NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 164% MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Wachovia Bank, N.A. 123 South Broad Street 7th Floor, Witherspoon Building Philadelphia, PA 19109-1199 V. Valerie D. Zeigler a/k/a Valerie Zeigler 215 Zion Road Mount Holly Springs, PA 17065 and Kenneth E. Zeigler, Jr. a/k/a Kenneth Zeigler 215 Zion Road Mount Holly Springs, PA 17065 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number &,-- 4971 ejoU L? CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Wachovia Bank, N.A., a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Valerie D. Zeigler a/k/a Valerie Zeigler, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and her last-known address is 215 Zion Road, Mount Holly Springs, PA 17065. 3. The Defendant is Kenneth E. Zeigler, Jr. a/k/a Kenneth Zeigler, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 215 Zion Road, Mount Holly Springs, PA 17065. 4. On 12/16/2002, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1793, Page 2970. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 215 Zion Road, Mount Holly Springs, PA 17065. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/14/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $ 51,668.40 Interest 03/14/2006 through 08/02/2006 $ 2,118.27 (Plus $ 11.67 per diem thereafter) Attorney's Fee $ 2,583.42 Late Charges $ 105.25 Corporate Advances $ 85.00 Cost of Suit $ 225.00 Appraisal Fee $ 125.00 Title Search $ 200.00 GRAND TOTAL $ 57,110.34 8. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriffs Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendants by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $57,110.34, together with interest at the rate of $11.67 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG AND CONWAY, P.C. BY: -P--/ Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE VERIFICATION The undersigned, i rrr nra_ •,1- M, , C he. _ Esquire, hereby certifies that he/she is the Attorney for the Plaintiff in the within action,and that he/she is authorized to make this verification and that the foregoing facts are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWAY, P.C. BY: Attomeys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE .. .. . Return To. Wachovfa•Bank. National AssociaU Retail Credit Seroicina Roanoke. VA 24022 Parcel No: 40-32-2338-003 THIS MORTGAGE made this day ti08"RT P. ZIEGLER RECORDER OF DEEDS 11r3ERLANO COUNTY-PA Prepared By: '.03 JR.N 28 fln 10 58 CONNIE MATTHEWS - Wachovia Bank. National Association Retell Credit Serv dno P.O. Box 50010 Roanoke. VA 24022 MORTGAGE between the Mortgagor,; (herein "Borrower), and the Mortgagee, Wachovia Bank, National Association, a national banking association organized and existing under the laws of the United States of America, whose address is. Wachovia Bank, National Association, 301 South College Street, NC 0630, Charlotte, North Carolina' 28288.0630 (herein 'Lender'). WHEREAS, Borrower is indebted to Lender in the principal sum of U.S.$ 53095.55 which indebtedness is evidenced by Borrowers Note dated 12118102 and erdenstonns,r rriodiftcatiors and renewals thereof (herein ':Note), providing for. monthly installments of principal and' interest, wi(h the balance of indebtedness, K not sooner'paid, due and-payable on 01114/28 T TO SECURE to Lender the repayment of the indebtedness evidenced by the Note,'with Interest therew;; the.payment of all other sums, with.latertx t thereon, advanced in accordance herewith to protect the, security of this Mortgage; and the performance of the covenants and agreements of Borrower herein, contained, Borrower does hereby mortgage, grant and convey to Lender the following described Property. lobated in the County of CUMBERLAND State of Pennsylvania: DEED DATE12112/90 RECORDED: 12/12/96 BOOK/WW: 160 PAGE 627 PARCEUTAX ID 0:40-32-2938-003 TWP/BORO:SOtrnr MKXXETON TWP which has the address of 215 ZION AD ? TOGETHER with all the Improvements now or hereafter erected on the Property, and all easements;' rights, appurtenances and rents all of which shall be deemed to be and remain a part of the Property covered by is Mortgage; and all of the foregoing, together with said Property (or the leasehold estate if this Mortgage Is on a leasehold) are hereinafter referred to•as the "Property:" - Wiry.Rider'("Rider') attached hereto and executed 'of even date is inci rporsted herein and the covenants and agreements of the : Rider shall amend and supplement the covenants- and agreements of this Mortgage, as H the Rider were a part heiaof. 8K 17 g 3 P& Z 9 7 D " ' .o 3240 2 Borrower covenants that Borrower is lawfully seized of the estate hereby conveyed and has the right to, mortgage, grant and, -convey the Property, and that -the Property is unencumbered, except for: encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest indebtedness evidenced by the Note. This Mortgage secures payment of said Note according to its terms, which are incorporated herein by reference. 2. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shag perform all of Bonowees obligations, under arty mortgage, deed of trust or other security agreement with a lien which has priority. over rs g pay-0r cause to be paid all taxes, assessments and other charges, lines and knposglons attributable to the. Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, N any. 3. Hazard Insurance. a) Borrower shall keep the knprovernents now existing or hereafter erected on the Property Insured against loss by fire, hazards included within the term 0extended coverage; and any other hazards, including but not funned to floods, for which Lender requires insurance. This Insurance shall be maintained in the amounts and for the periods that Lender requires. The Insurance carrier providing the insurance shall be chosen by Borrower subject to Lenders approval which shall not be. unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lenders rights In the Property in accordance with section 5. b) AA Insurance policies and renewals shall be acceptable to Lender and shall include a standard' mortgagee clause. Lender shall have the right to hold the policies and renewals. If -Lender requires;] Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of. loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of . loss g not made promptly by Borrower. c) Unless Lender and Borrower otherwise agree In writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, If the restoration or repair is economically feasible and` Lender's security Is not lessened. If the restoration or repair Is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Mortgage, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property or does not answer within 30 days a notice from Lender that the Insurance canier has offered to settle a claim, then Lender may coped the Insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Mortgage, whether or not then due. The 30-day period will begin when-the notice is given. A) Except as provided In subsection 3(e) below, should partial or complete destruction or damage occur to the Properly, Borrower hereby agrees that any and all instruments evidencing Insurance proceeds received by Lender as a result of said damage or destruction, shag be placed In a non-interest bearing escrow account with Lender. At Lender's discretion, Lender may release some or all of the proceeds from escrow after Borrower presents Lender with a reoelpl(s), invoice(s), written estimates(s) or other. ... document(s) acceptable to Lender which relates to the repair and/or Improvements of the Plopertj' necessary as a result of said damage and/or destruction. Absent an agreement to the contrary, Lender shag not be required to pay Borrower any Interest on the proceeds held in the escrow account. Any amounts remaining in the account after all repairs andfor improvements have been made to Lenders satisfaction, shag be applied to the sums secured by this Mortgage. Borrower further agrees to cooperate with Lender by endorsing all checks, drafts and/or other instruments evidencing insurance proceeds and any necessary documents. Should Borrower fail to provide any required endorsement and/or execution SwMaa„°s) BK 17 9 3 PG 2 9 71 2 SPA MwWps .r within 30 days after Lender sends Borrower notice that Lender has received an instrument evidencing Insurance proceeds, or document(s) requiring Borrower's signature, Borrower hereby authorizes Lender to endorse said instrument and/or document(s) on Borrower's behalf, and tolled and apply said proceeds. at Lender's option, either to restoration or repair of the Property orto sums secured by this Mortgage. ills not the intention of ehher party that this escrow provision, and/or Lender's endorsement or execution of an instrument(s) and/or document(s) on behalf of Borrower create a fiduciary or agency relationship between Lender and Borrower. e) Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in section 1 or change the amount of the payments. If under section 15 the Properly is acquired by Lender, Borrowers right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Mortgage. 4. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned UnW Developments. Borrower shall keep the Property In good repair and shag not commit waste or permit. impairment or deterioration of the Property and shall comply, with the provisions of any lease If this, _ Mortgage Is on a leasehold. If this Mortgage Is on a unit In a condominium or a planned unit' development, Borrower shall perform all of Borrowers obligations under the Declaration of covenants"' creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. S. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceedirg is commenced which materially affects Lenders Interest in the Property, then Lender, at Lenders option, upon notice to Borrower, may make such appearances, disburse such sums, Including reasonable allomeye fees, and take such actions as Is necessary to protect Lenders Interest. Any amounts disbursed by Lender pursuant to this section 5, with Interest thereon from the date of disbursal, at the Note rate, shall become additional Indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon ' notice from Lender to Borrower requesting payment thereof. Nothing contained in this section 5 shag-; require Lender to Incur any expense or take arty action hereunder. 6. Inspection. Lender may make or cause to be made reasonable entries upon and Inspections of the Properly, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefore related to Lenders Interest in the Property. 7. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property; or part thereof, or for conveyance in Neu of condemnation, are hereby assigned and shad be paid to Lender subject to the terns of any mortgage, deed of tout or other security agreement with a lien which has priority over this Mortgage. 8. Borrower Not Released; Forbearance By Lender Not a Waiver. Borrower shall remain gable for fug payment of the principal and interest on the Note (or any advancement or obligation) secured hereby, . notwithstanding any of the following: (a) the sale of all or a part of the premises; (b) the assumption by another party of Borrowers obligations hereunder, (c) the forbearance or extension of time for payment or, performance of any obligation hereunder, whether granted to Borrower or a subsequent owner of the Property; and (d) the release of all or any part of the premises securing said obfgations or the release of any party who assumes payment of the some. None of the foregoing shall in any way affect the full force, and effect of the lien of this Mortgage or Impair Lenders right to a deficiency judgment pn the evert of -foreclosure) against Borrower or any party assumhg.the obligations hereunder, to the extent parroted by- 536M °"" °" 8K 17 9 3 PG 2 9 7 2 3 9M PA Mmlpaps' "r rr ?F .y e applicable law. Any forbearance by Lender in exercising any right or remedy hereunder or otherwise T afforded by applicable law, shag not be a waiver of or preclude the exercise of any such right or remedy. ) 9. Successors and Assigns Bound; Joint and Several Liability; Co-signers. Borrower covenants : and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower. who co-signs this Mortgage but does not execute the Note (a "co-signee): (a) Is co-signing this Mortgage only to mortgage, grant and convey the co-signer's Interest in the Property under the terns of this,; Mortgage; (b) is not personally obligated to pay the sums secured by this Mortgage; and (c) agrees that' Lender,and. any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terns of this Mortgage or the Note without the co-signer's consent. 'T'-- - - to the provisions of section 14, any Successor in Interest of Borrower who assumes Borrower's. ms under this Mortgage in writing, and is approved by Lender, shall obtain all of Borrower's rights = under this Mortgage unless Lender agrees to such release In writing; The covenants and agreements of this Mortgage shag bind arid benefit the suocessors and assigns of Lender. 10. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provIded for In this Mortgage shag be given by delivering g or by maifing such notice by fast class mall addressed to Borrower or the current owner at the Property Address or at such other address as Borrower may designate in writing by notice. to Lender as provided herein, and any other persons personally palate on the Note as their names and addresses appear In Lender's records at the" ' time of giving notice and (b) any notice to Lender shall be given by first class mail to Lenders address at Waehovia Bank, National Association, Retail Credit Servicing, P.O. Box 50010, Roanoke, VA 24022 or to ` - °-° such other address as Lender may designate by notice to Borrower as provided herein. Any notice.. provided .for.in this Mortgage shaft be deemed. to have, been given to Borrower or Lender when given in the manner designated herein. 11. Ooveming Law; Severability. The state and local laws app4kAble to this Mortgage shall be the laws``-; of the jurisdiction in which the Property is located. The foregoing sentence.-shall. not.limit the appgcabggy,'I - - - of-federal-law .to.this.Modgage.. In.the_event..thal. any..pmylslon or ckausa of this Mortgage or the Note • conflicts with applicable law, such conflicts. shall not affect other provisions of this Mortgage a th`e NReWT'---`? - which can-be•givenslFect without the.coxdlk:0ng.provision, and to this endow provisions of this Mo.JIM. 9- and the Note are..declared to be severWq. As used herein 'costs; "expenses"- and "attomeyV fees", t -include allsums to the Went not prohibited by applicable law or limited herein. ?j 12. Borrowers Copy. Borrower shag be furnished a conformed copy of the Note, this Mortgage and, i Rkler(s) at the time of execution or after recordation hereof. ' 13. Rehabilitation Loan Agreement. Borrower shall MMI all of Borrower's obligations under any home:' rehabilitation, improvement, repair or other loan agreement which Borrower enters Into with Lender. Lender, at Lenders option, may require Borrower to execute and deliver to Lender, In a form acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who i supply labor, materials or services In connection with Improvements-made to the Property. . y 14. Transfer of the Property or a Beneficial Interest in Borrower, Assumption. As used in this section 14, -Interest In the Property" means any legal or beneficial Interest in the Property, including, but . not smiled to, those beneficial interests transferred In a bond for dead, contract for deed, Installment sales i contract or escrow agreement, the intent of which Is the transfer of title by Borrower at a future date to a purchaser. if all or any part of the. Property or any Interest in the Property is sold or transferred (or it Borrower is not a natural person and a beneficial interest In Borrower is sold or transferred without Lenders prior written.. 536M 0R"06) BK i 793PG29734 OMPAr " I , fi . consent, Lender may require immediate payment M full of all sums secured by this Mortgage. However, this option.shall not.be exercised by Lender if such exercise is prohibited by federal law. If Lender exercises this option, Lender shag give Borrower notice of acceleration. The notice shall <T provide a period of not less than 30 days from the date the notice is given in accordance with section 10.. within which Borrower must pay aft sums secured by this Mortgage. If Borrower We to pay these sums. prior to the expiration of this period, Lender may Invoke any remedies by this Mortgage without further notice or demand on Borrower. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 15. Default; Acceleration; Remedies. Upon Borrower's breach of any covenant or agreement of BamwK in this entire Mortgage, Including the covenants to pay when due any sums under the Note- e s erns eewred by th.__ seared by this Mortgage, 'Lender, Mortgage to be immedhately'due and payable without demand•or notice, notice of the exercise of such ' option being hereby expressly waived. Lender may invoke the power of sate hereby granted. Lender . shall have the right to enter upon and take possession of the Property hereby conveyed or shall without - taking such possession have the right to sell the same at pudic auction for cash, after first giving notice of the time, place and tams of such sate by publication once a week for three consecutive weeks prior to "I said sale, in some newspaper published in sold county, and upon (payment of the purchase money,. Lender, or owner of the debt and this Mortgage, or auctioneer, shall a mcute to the purchaser for and in the name of Borrowers, a good and sutffolend deed to the Property sold. Lender shall apply the proceeds., of said sale: first, to the expense of advertising, setting and conveying said Property, Including a reasonable attorneys fee; second, to the payment of any amounts that may have been experxim! or that } - may then be necessary to expend in paying Insurance, taxes acrd other encumbrances, with interest - thereon; third, to the payment in full of the principal Indebtedness and interest-thereon; whether the same'I shell or shall not have fully matured at the date of said sale, but no interest shaft be collected .beyond .the., . date-of'sakd"sale;-and-fourth., the balance,.-if-any, shall-be..pakLover. to sakLBonowers or to whomever' ?., Then appears of record to be the owner of sold Property. Lender may bid and become the purcineser of the Mortgaged Property at'any foreclosure sale hereunder. .. K • - _ ..15. Borrowers Rightto Reinstate. Notwithstanding Lenders axoleration of the sums secured'by thI9! Mortgage,. Borrower shall have the right to have any proceedings begun by Lender'to enforce this-; - Mortgage discontinued It (a) Borrower pays Lender all sums which then would be due under this' _ Mortgage, the Note and Notes securing future Advances. If any. had no acceleration occurred; (b)T Borrower cures all, breaches of any other covenants or agreements of Borrower contained in this ; Mortgage; (c) Borrower pays all reasonable expenses Incurred by Lender in enforcing the covenants and T agreements of Borrower contained in this Mortgage, and in enforcing Lenders remedies as provided in s-qQ on 15 hereof, including, but not limited to. reasonable attorneys' fees; and (d) Borrower takes such. action, as Lender may reasonably require to -assure that the Yen of this Mortgage, Lenders interest. In the* Property and Borrowers obligation to pay the sums secured by this Mortgage shag continua unimpaired. - Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall' remain In fug force and effect as if no acceleration had occurred. .17... Assignment of Rerts; Appointment of Receiver. As additional security hereunder, Borrower; hereby assigns to Lender the rents of the Property,*(Yo eA'that"so-long as-Borrower-is not-In-defauki hereunder, Borrower shag, prior to acceterawn under section 15 hereof or abandonment of the Property, have the right to totted and retain such rents as they become due and payable. Upon acceleration and/or foreclosure under section 15 hereof, or abandonment of the Property, Lender; in person or by agent, shag be entitled to enter upon, take possession of and manage the Property and top collect the rents of the Property Including those past due. Lender shall be gable to account only for those; rents actually received prior to the foreclosure sale as provided in section. 15. Lender shall not be liable top r Rav cep OK i 7 9 3-PG 2 9 7 4 s can PAMNVW ? Y 11 account to Borrower or to any other person claiming any Interest in the Property for any rents received after foreclosure. 18. Loan Charges. K the loan secured by this Mortgage is subject to a law which sets maximum loan ' charges, and that law Is finally Interpreted so that the Interest or other loan charges collected or to be collected In connection with the loan exceed permitted limb, then: (a) any such loan charges shall be reduced by the amount necessary to reduce the charge to the permitted limit and (b) any sums already collected from Borrower which exceeded penni ted IkttUs will be refunded to Borrower. Lender may , t choose to make this refund by reducing the principal owed under the Note or by mailing a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment under the Note. e hereof enactment or expiration of applicable taws have the effect either of rendering the provisions of the Note, gage neMarceable aczordiap to their terms, or all or any part of the sums secured hereby uncolteclible, as otherwise provided in this. Mortgage or the Note, or of diminishing the value or Lender's security, then Lender, at Lenders option, may declare au suns secured by this Mortgage to be Immediately due and payable. 20. Satlsfaedon. Upon payment of all sums secured by this Mortgage, the conveyance of the Property pursuant to this Mortgage shall become null and void and Lender shall release this Mortgage. Borrower shag pay all costs of recordation, if any. Lender, at Lenders option, may slow a partial release of the Property on terms acceptable to Lender and Lender may charge a release fee. 21.. Waiver of Homestead. Borrower hereby waives all rights of homestead exemption in the Property and ragNt ishes all rights of dower and burtesy in the Property. - 22. Hazardous Substances. Borrower shall rat cause or permit the presence, use; disposal, storage, or ; release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone am - to do,.anyU tg affecting the Property that is In violation of any Environmental Law. The preceding two sentences shall not apply to the piesgnee, use, or -storage on• the Property-. of. small. quantities of . Hazardous Substances that are generally recogniizedto be appropriate to normal residential uses and 107 maintenance of the Property. -- TY Borrower shall' promptly give Lender written notice of any Investigation, claim, demand, lawsuit, or other. - "- -- action--by-any-gove nmentel-or.. regulatory -agency or private party imroNirg the Property and anyr Hazardous Substance or Environmental Law of which Bomovver has adu-W-knWAedge---If-Borrower learns, or Ls notified by any govemmentai or regulatory aulbodly, that arty removal, or other remediation . of any Hazardous Substatrce Wetting the-Propedy is-necessary; Borrower shall, promptly-take all necessary remedial actions in accordance with Environmental Law. t As used in this section 22, "Hazardous Substances" are those substances defined as tmde or hazardous' substances by Environmental law and the following substances. gasoline, kerosene, other flammable or, toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used In this section 22, "Environmental LW means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety, or environmental protection. S°°`-00 BK 1793PG2975 c (JM PA Mm%Mo ;7 REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST 'i Sonower and Lander request the holier of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Mortgage to give Notice to Lender at Wachovia Bank, National Association, Retail Credit Servicing, P.O, Box 50010, Roanoke, VA 24022 of any default under the superior: encumbrance and of any sale or other foreclosure action. IN WITNESS WHEREOF, Borrower has executed this Mortgage and adopted as his seal the word ("SEAL, appearing beside his name. Signed. sealed and delivered by: _ v p / ---.,•?y urns to De recorded NoAnAlAl tsEAi-1 In Cumberland County PA D ZEG.ER ISEAL '?? sT?j„/_• Borrower 1SEALj *4Recorder'oof Deeds Bonoaver ' It is hereby cerdfied that the address of Lender (Mortgagee) is: cvcwwu?. Signature of Lender's employee verifying true and comect residence: State of /1 County orle On this the Ael day of c?j, before me Qr? Inc C??? the undersigned, personally appeared yAkP :e -, ;.Ae-` CLgNA b, P. 3rs:?CC?x known to me (or satisfactorily proven) to be the person(s) whose name(s) istare subscribed to the within Instrument, and acknowledged that ±he?,exacuted the same for the purposes therein contained. In witness whereof, I hereunto set my hand and offild"al. %. BN 1793PG2978 CM610 s cumbefbal Public Cmm*sbn En*m Dom 11. PAMWIPP Mere9.ParepW=A5S0WM01 0232403272 O Tal r, o cy ? ? r ? 4) ..U iT3 1:4 -G F McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 S. Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Wachovia Bank, N.A. Cumberland County Court of Common Pleas V. Valerie D. Zeigler a/k/a Valerie Zeigler and Kenneth E. Zeigler, Jr. a/k/a Kenneth Zeigler Number 06-4971 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure in the above-captioned matter. TERR?J. M ABM, ESQUIRE Attorney for 1a?tiff O co may' ? ?? ..J SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-04971 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WACHOVIA BANK N A VS ZEIGLER VALERIE D ET AL R. Thomas Kline duly sworn according to law, inquiry for the within named ZEIGLER VALERIE D AKA VALERI unable to locate Her in his COMPLAINT - MORT FORE , the within named DEFENDANT ZEIGLER ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and DEFENDANT ZEIGLER but was bailiwick. He therefore returns the NOT FOUND , as to ZEIGLER VALERIE D AKA VALERIE 215 ZION ROAD MT HOLLY SPRINGS, PA 17065 215 ZION ROAD IS VACANT. PER NEIGHBOR, DEFENDANT MOVED TO PERRY COUNTY 3 WEEKS AGO. Sheriff's Costs: So answer Docketing 18.00 - Service 5.28 Not Found 5.00 R. omas Kline Surcharge 10.00 Sheriff of Cumberland County Postage .39 38.67/ MCCABE WEISBERG CONWAY 4 of afldu 09/20/2006 Sworn and Subscribed// to before me this day of , A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-04971 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WACHOVIA BANK N A VS ZEIGLER VALERIE D ET AL R. Thomas Kline duly sworn according to law, inquiry for the within named ZEIGLER KENNETH E JR AKA unable to locate Him in his P'/'NTrT1T T TTTT T/f/_%nM 'MnnLm the within named DEFENDANT KENNETH ZEIGLER , 215 ZION ROAD NOT FOUND , as to ZEIGLER KENNETH E JR AKA MT HOLLY SPRINGS, PA 17065 215 ZION ROAD IS VACANT. PER NEIGHBOR, DEFENDANT MOVED TO PERRY COUNTY 3 WEEKS AGO. Sheriff's Costs: So answer --- s--'" Docketing 6.00 Service .00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.00-" MCCABE WEISBERG CONWAY ql)-)`D(, 09/20/2006 Sworn and Subscribed to before me this day of , A.D. ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and DEFENDANT KENNETH ZEIGLER but was bailiwick. He therefore returns the OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Valerie D. Zeigler a/k/a Valerie Zeigler 9 Country Meadow Lane New Bloomfield, PA 17068 Wachovia Bank, N.A. Cumberland County Court of Common Pleas vs. Valerie D. Zeigler a/k/a Valerie Zeigler Kenneth E. Zeigler, Jr. a/k/a Kenneth Zeigler Number 06 - 4971 NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Curtis R. Long Prothonotary 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. 1 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Kenneth E. Zeigler, Jr. a/k/a Kenneth Zeigler 9 Country Meadow Lane New Bloomfield, PA 17068 Wachovia Bank, N.A. Cumberland County Court of Common Pleas VS. Valerie D. Zeigler a/k/a Valerie Zeigler Kenneth E. Zeigler, Jr. a/k/a Kenneth Zeigler Number 06 - 4971 NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Curtis R. Long Prothonotary 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. 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 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff Wachovia Bank, N.A. Cumberland County Court of Common Pleas vs. Valerie D. Zeigler a/k/a Valerie Zeigler Kenneth E. Zeigler, Jr. a/k/a Kenneth Zeigler Number 06 - 4971 ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendant in the above- captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal $57,110.34 Interest from 8/3/2006 - 11/21/2006 $ 1.295.37 TOTAL $58,405.71 MCCAB , WEISBERG AND CO WAY, P.C. BY: "/l1 "-1- ? *? Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE AND NOW, this ; .1- day of /)a ?. , 2006, Judgment is entered in favor of Plaintiff, Wachovia Bank, N.A. and against Defendant(s) Valerie D. Zeigler a/k/a Valerie Zeigler and Kenneth E. Zeigler, Jr. a/k/a Kenneth Zeigler and damages are assessed in the amount of $58,405.71, plus interest and costs. BY THE PROTHONOTARY: ?w? McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Wachovia Bank, N.A. Cumberland County Court of Common Pleas VS. Valerie D. Zeigler a/k/a Valerie Zeigler Number 06 - 4971 Kenneth E. Zeigler, Jr. a/k/a Kenneth Zeigler AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND: The undersigned, being duly sworn according to law, deposes and says that the Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendant(s), Valerie D. Zeigler a/k/a Valerie Zeigler and Kenneth E. Zeigler, Jr. a/k/a Kenneth Zeigler, is over eighteen (18) years of age, and resides at 9 Country Meadow Lane, New Bloomfield, PA 17068. AY, P.C. McCAlB?, WEISBERG] AND/gr-;<2/ BY: X11 c >.?, /j Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE SWORN TO AND SUBSCRIBED BEFORE ME THIS 21 st DAY OF Nov, 2006. NOTARY PUBLIC NOTARIAL SF L f GLORIA D. MITCHELL, Notary Public City of Philadelphia, Phila. County f tidy Commission Expires June 2, 2007 , Request for Military Status Department of Defense Manpower Data Center 40 Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 NOV-09-2006 09:08:39 -K Last Name First/Middle Begin Date Active Duty Status Service/Agency ZEIGLER Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. )6k lot 4, A?? Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense 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 Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. #167;#167; 501 et seq] (SCRA) (formerly 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 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 is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: ft://www.defenselink.mil/faA/pis/PC09SLDR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided hft-nc-/Axnxnxr ilmrlr ncrl mil/ccra/nwa/scra._nrc Select 11/9/2006 Request for Military Status Page 2 of 2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:XYMWVABZWV hm,c•//www.dmdc.n.qd.mil/scra/owa/scra.nrc Select 1119/2006 Request for Military Status Department of Defense Manpower Data Center ID Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 NOV-09-2006 09:09:26 +C Last Name First/Middle Begin Date Active Duty Status Service/Agency ZEIGLER Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. IA. )Uk pq Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense 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 Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. #167;#167; 501 et seq] (SCRA) (formerly 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 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 is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: htt? //www defenselink.mil/faq/pis/PC09SLDR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided httnc•//unxnv imrln ncrl milAnra/nwa/scra_me Select 11/9/2006 . Request for Military Status Page 2 of 2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:XYNBUNRBWA httnc•//www_dmdc.osd.mil/scra/owa/scra.nrc Select 11/9/2006 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 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff Wachovia Bank, N.A. Cumberland County Court of Common Pleas VS. Valerie D. Zeigler a/k/a Valerie Zeigler Kenneth E. Zeigler, Jr. a/k/a Kenneth Zeigler Number 06 - 4971 CERTIFICATION I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the Complaint and is calculable as a sum certain from the Complaint. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to the attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of the Praecipe. A true and correct copy of the notice pursuant to Pennsylvania Rule of Civil Procedure No. 237.1 is attached hereto and marked Exhibit "A". McC E, WEISBER AND CO WAY, P.C. BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE SWORN TO AND SUBSCRIBED BEFORE ME THIS 21 st DAY OF Nov, 2006. NO [ARIAL SEAL GLORIA D. htrTCHELL, Notary Public C1ty of Philadel;?hb, Phi;a. Count u,. rnmrniccion ExDlrea June 2, 21007 VERIFICATION The undersigned, 111-) (Or ; ESQUIRE, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4909 relating to unsworn falsification to authorities. McCABE, WEIISBERG/ANI? CON AY, P.C. BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 Curt Long Prothonotary November 10, 2006 To: Valerie D. Zeigler a/k/a Valerie Zeigler 9 Country Meadow Lane New Bloomfield, PA 17068 Wachovia Bank, N.A. vs. Valerie D. Zeigler a/k/a Valerie Zeigler and Kenneth E. Zeigler, Jr. a/k/a Kenneth Zeigler Cumberland County Court of Common Pleas Number 06-4971 Civil Term NOTICE, RULE 237.5 NOTICE OF 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 WITHOUTA HEARINGAND YOU MAY LOSE YOURPROPERTY 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 MAYBE ABLE TOPROVIDE YOU WITHINFORMATION ABOUTAGENCIES THATMAYOFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 NOTIFICACION IMPORTANTE LISTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE O FOR 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 PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDERBIENES U OTROS DERECHOSIMPORTANTES. LISTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EYPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMAC16N ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 McCABE, WEISBERG AND C?ON?WAY,/PP BY: Attorneys for Plaintiff 4 TERRENCE J. MCCAB Q MARC S. WEISBERG, E EDWARD D. CONWAY, S MARGARET GAIRO, E TJM/cmo "' This letter is an attempt to co/%t a debt and any information obtained will be used for that purpose. " OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 Curt Long Prothonotary November 10, 2006 To: Kenneth E. Zeigler, Jr. a/k/a Kenneth Zeigler 9 Country Meadow Lane New Bloomfield, PA 17068 Wachovia Bank, N.A. vs. Valerie D. Zeigler a/k/a Valerie Zeigler and Kenneth E. Zeigler, Jr. a/k/a Kenneth Zeigler Cumberland County Court of Common Pleas Number 064971 Civil Term NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATIONABOUTAGENCIES THATMAYOFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE O POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBIECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEBIDA DENTRO D£ DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOSIMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMAC16N ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON twoRMAcON ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 McCABE, WEISBERG AND C NW Y, C. BY: ` Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE TJM/cmo OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 Curt Long Prothonotary November 10, 2006 To: Kenneth E. Zeigler, Jr. a/k/a Kenneth Zeigler 215 Zion Road Mount Holly Springs, PA 17065 Wachovia Bank, N.A. VS. Valerie D. Zeigler a/k/a Valerie Zeigler and Kenneth E. Zeigler, Jr. a/k/a Kenneth Zeigler Cumberland County Court of Common Pleas Number 064971 Civil Term NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSEYOURPROPERTY 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 ABOUTAGENCIES THAT MAYOFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONAL &-NTE O POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUMO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOSIMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA E7{PUSo ABAJO. ESTA oncwA LO PUEDE PROPORCIONAR CON INFORMAC16N ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMAC16N ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 MCCABE, WEISBERG AND O?NW/AY, P.C. BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE TJWcmo OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 Curt Long Prothonotary November 10, 2006 To: Valerie D. Zeigler a/k/a Valerie Zeigler 215 Zion Road Mount Holl PA 17065 Cumberland County Court of Common Pleas Wachovia Bank, N.A. VS. Valerie D. Zeigler a/k/a Valerie Zeigler and Kenneth E. Zeigler, Jr. a/k/a Kenneth Zeigler Number 064971 Civil Term NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATIONABOUTAGENCIES THAT MAYOFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 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 REmAMOS FORMULADOS EN CONTRA sum AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOSIMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMAC16N ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMAC16N ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LAS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 McCABE, WEISBERG AN. CONWAY, P.C. BY: Q/-vw-, D Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE TJM/cmo ** This letter is an attempt to co/%t a debt and any infomlabon obtained will be used for that purpose. ** C? c'Q c5c ; ? G 1 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION Wachovia Bank, N.A. V. Valerie D. Zeigler a/k/a Valerie Zeigler Kenneth E. Zeigler, Jr. a/k/a Kenneth Zeigler FILE NO.: 06 - 4971 Civil Term AMOUNT DUE: $58,405.71 INTEREST: from 11/22/2006 - 3/7/2007 $1,017.60 at $ Per Diem --1 q. ( 0 P4-r P f ATTY'S COMM.: e-Aj COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 215 Zion Road, Mount Holly Springs. PA 17065 (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: h 21 ?^ Signature: -!J / J X- 'e_ 2e L' Print Name: McCabe, Weisberg and Conway, P.C Address: 123 S. Broad Street, Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. 16496 ;?4 ° cs) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-4971 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WACHOVIA BANK, N.A. Plaintiff (s) From VALERIE D. ZEIGLER A/K/A VALERIE ZEIGLER and KENNETH E. ZEIGLER, JR. A/K/A KENNETH ZEIGLER, 215 ZION ROAD, MT. HOLLY SPRINGS PA 17065 (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 215 ZION ROAD, MT. HOLLY SPRINGS PA 17065 (SEE LEGAL DESCRIPTION). (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $58,405.71 L.L. $.50 Interest FROM 11/22/06 TO 3/7/07 = $1,017.60 @ $9.60 per diem Atty's Comm % Atty Paid *90.90 03.2.5-0 Due Prothy $1.00 Other Costs Plaintiff Paid Date: NOVEMBER 22, 2006 (Seal) tl?zj 04 - Z C Ois R. Long, Pt o ary By: Deputy REQUESTING PARTY: Name MARC S. WEISBERG, ESQ. Address: 123 S. BROAD ST., SUITE 2080 PHILADELPHIA PA 19109 Attorney for: PLAINTIFF Telephone: (215) 790-1010 Supreme Court ID No. 16496 t or 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 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Wachovia Bank, N.A. Plaintiff Attorneys for Plaintiff COURT OF COMMON PLEAS Cumberland COUNTY V. Valerie D. Zeigler a/k/a Valerie Zeigler and Kenneth E. Zeigler, Jr. a/k/a Kenneth Zeigler Defendants Number 06-4971 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 h a r S . ?? r g hr g , Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 215 Zion Road, Mount Holly Springs, PA 17065 (Tax Parcel #40-32-2338-003), a copy of the description of said property is attached hereto and marked as Exhibit "A." 1. Name and address of Owners or Reputed Owners: Name Valerie D. Zeigler a/k/a Valerie Zeigler Kenneth E. Zeigler, Jr. a/k/a Kenneth Zeigler Address 215 Zion Road Mount Holly Springs, PA 17065 215 Zion Road Mount Holly Springs, PA 17065 1 r 2. Name and address of Defendants in the judgment: Name Address Valerie D. Zeigler a/k/a Valerie 215 Zion Road Zeigler Mount Holly Springs, PA 17065 Kenneth E. Zeigler, Jr. a/k/a 215 Zion Road Kenneth Zeigler Mount Holly Springs, PA 17065 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 Wells Fargo Home Mortgage, 1595 Spruce Street Inc. Riverside, CA 92507 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. 5. Name and address of every other person who has any record lien on the property: Name None Address 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: 11 Name Tenants Domestic Relations Cumberland County 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 Internal Revenue Service Address 215 Zion Road, Mount Holly Springs, PA 17065 P.O. Box 320 Carlisle, PA 17013 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 1400 Spring Garden Street Philadelphia, PA 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Technical Support Group, William Green Federal Bldg. Room 3259, 600 Arch Street Philadelphia, PA 19106 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. November 21, 2006 McCABE, EISBERG, D C NW , P.C. BY:1C??C ?? Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE 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 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff Wachovia Bank, N.A. Cumberland County Court of Common Pleas VS. Valerie D. Zeigler a/k/a Valerie Zeigler Kenneth E. Zeigler, Jr. a/k/a Kenneth Zeigler Number 06 - 4971 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Valerie D. Zeigler a/k/a Valerie Zeigler Kenneth E. Zeigler, Jr. a/k/a Kenneth Zeigler 9 Country Meadow Lane New Bloomfield, PA 17068 Your house (real estate) at 215 Zion Road, Mount Holly Springs, PA 17065 (Tax Parcel #40-32-2338-003) , is scheduled to be sold at Sheriffs Sale on March 7, 2007 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $58,405.71 obtained by Wachovia Bank, N.A. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay to Wachovia Bank, N.A., the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, 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. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 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 Terrence J. McCabe, 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. 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 Terrence J. McCabe, Esquire 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. 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. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. 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 OR COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 r«. ; ? ,,? f ? -' l -I __? .. ??I? ___. _ ? _,_., I..i"? .''.% r? _-' r ?- r+ ? .kJ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-04971 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WACHOVIA BANK N A VS ZEIGLER VALERIE D ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: but was unable to locate Him deputized the sheriff of PERRY serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On October 27th , 2006 , this office was in receipt of the attached return from PERRY Sheriff's Costs: So answers Docketing 18.00 Out of County 9.00 Surcharge 10.00 . Thomas ine Dep Perry County 36.00 Sheriff of Cumberland County Postage 1.83 74.83 10/27/2006 ? i?1cc./off MCCABE WEISBERG CONWAY Sworn and subscribe to before me this day of in his bailiwick. He therefore A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania Wachovia Bank NA VS. Valerie 0. Zeigler et al SERVE: Valerie D. Zeigler aka - 06-4971 civil Valerie Zeigler No. Now, October 19, 2006. L SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. A-Y Sheriff of Cumberland County, PA Affidavit of Service Now, October 20 , _ 20 06 , at 2: 00 o'clock P M. served the within. Complaint in Mortgage Foreclosure upon ValerseD. Zeigler at 9 Country Meadow Lane New Bloomfield, PA 17068 (Centre Twp) by handing to Kenneth E. Zeigler, Defendants Husband a True & Attested and made known to Him the contents thereof. Deputy Sworn and subscribed before me thisa? day of 200a copy of the original Comp Mtg Forc. So answers, Aaron D. Richards Z; Gm; / - 41 " - Sheriff of Perry County, PA COSTS SERVICE r MILEAGE _ AFFIDAVIT $ l MARGARET F. FLICKINGER, NOTARY PUBLIC BLOOMFIELD BORQ, PERRY COUNTY CASE NO: 2006-04971 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WACHOVIA BANK N A VS ZEIGLER VALERIE D ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: ZEIGLER KENNETH E JR AKA KENNETH ZEIGLER but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On October 27th , 2006 , attached return from PERRY Sheriff's Costs: So answers Docketing 6.00 Out of County .00 Surcharge 10.00 R. Thomas Kline .00 Sheriff of Cumberland County .00 / 16. 00 ? /?l64/?4 10/27/2006 MCCABE WEISBERG CONWAY Sworn and subscribe to before me this day of , SHERIFF'S RETURN - OUT OF COUNTY is office was in receipt of the A. D. • In'Tbe Court of Common Pleas, of Cumberland County, Pennsylvania Wachovia Bank NA vs. Valerie D. Zeigler et al SERVE: Kenneth E. Zeigler No. 06-4971 civil October 19, 2006 . Now, , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, October 20, , 20 06 , at 2:00 0 clock P M. served the within Complaint in Mortgage Foreclosure upon Kenneth E. Zeigler at 9 Country Meadow Lane New Bloomfield, PA 17068(Centre Twp) by handing to Kenneth E. Zeigler, Defendant a-- True & Attested and made known to Him the contents thereof. So answers, Aaron D. Richards Deputy Sheriff of Perry County, PA Sworn and subscribed before me thiQ 3rd day of OCA , 2004 NOTARIAL SEAL MARGARET F. FLICKINGER, NOTARY PUBLIC BLOOMFIELD BORO., PERRY COUNTY MY COMMISSION EXPIRES FEB. 16, 2008 COSTS SERVICE $ MILEAGE AFFIDAVIT copy of the original Comp. Mtg Forc. 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 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 MCC BY: e Wachovia Bank, N.A. Cumberland County Court of Common Pleas vs. Valerie D. Zeigler a/k/a Valerie Zeigler Kenneth E. Zeigler, Jr. a/k/a Kenneth Zeigler Number 06 - 4971 AFFIDAVIT OF SERVICE I, Undersigned, attorney for the Plaintiff in the within matter, hereby certify that on the 5th day of January, 2007, 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 the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "A". Copies of the letter and certificate of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." SWORN TO AND SUBSCRIBED BEFORE ME THIS 5th DAY OF January, 2007. ? % ? ??UA NOTARY PUBLIC qtr d 1;awa, Cray ?... Attorneys for Plaintiff NWAY, P.C. Attofffe-ys for Plaintiff TERRENCE J. McCABE, ESQUI MARC S. WEISBERG, ESQUI EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE 46 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 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Wachovia Bank, N.A. Plaintiff Attorneys for Plaintiff COURT OF COMMON PLEAS Cumberland COUNTY V. Valerie D. Zeigler a/k/a Valerie Zeigler and Kenneth E. Zeigler, Jr. a/k/a Kenneth Zeigler Number 06-4971 Civil Term Defendants AFFIDAVIT PURSUANT TO RULE 3129 I, Undersigned, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 215 Zion Road, Mount Holly Springs, PA 17065 (Tax Parcel #40-32-2338- 003), a copy of the description of said property is attached hereto and marked as Exhibit "A." Name and address of Owners or Reputed Owners: Name Valerie D. Zeigler a/k/a Valerie Zeigler Address 215 Zion Road Mount Holly Springs, PA 17065 Kenneth E. Zeigler, Jr. a/k/a Kenneth Zeigler 215 Zion Road ??;??? Mount Holly Springs 1 2. Name and address of Defendants in the judgment: Name Address Valerie D. Zeigler a/k/a Valerie 215 Zion Road Zeigler Mount Holly Springs, PA 17065 Kenneth E. Zeigler, Jr. aWa 215 Zion Road Kenneth Zeigler Mount Holly Springs, PA 17065 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 Wells Fargo Home Mortgage, 1595 Spruce Street Inc. Riverside, CA 92507 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. 5. Name and address of every other person who has any record lien on the property: Name None Address 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 Exhibit A 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 215 Zion Road, Mount Holly Springs, PA 17065 Domestic Relations P.O. Box 320 Cumberland County Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 Commonwealth of Pennsylvania 1400 Spring Garden Street Inheritance Tax Office Philadelphia, PA 19130 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department #280601 Inheritance Tax Division Harrisburg, PA 17128 Department of Public Welfare TPL Casualty Unit Estate Recovery Program Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Internal Revenue Service PA Department of Revenue Technical Support Group, William Green Federal Bldg. Room 3259, 600 Arch Street Philadelphia, PA 19106 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 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 relatii unsworn falsificon to authorities. January 5, 2007 Attorneys for Plaintiff TERRENCE J. McCABE, ESQ MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Y, P.C. 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 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff Wachovia Bank, N.A. Cumberland County Court of Common Pleas VS. Valerie D. Zeigler a/k/a Valerie Zeigler Kenneth E. Zeigler, Jr. a/k/a Kenneth Zeigler Number 06 - 4971 DATE: January 5, 2007 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Valerie D. Zeigler a/k/a Valerie Zeigler and Kenneth E. Zeigler, Jr. a/k/a Kenneth Zeigler PROPERTY: 215 Zion Road, Mount Holly Springs, PA 17065 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriffs Sale on March 7, 2007, 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 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. ?uhihi? B w CD n' r 0? ?Q r O ? ? O cc ? a, rn w N Y O O d, 0 crn'?O `';? O UQ ? '•CJJ.? '? CD Y• o r0 Y.?? ,? ?• .3 00 ?C 9 X?5' ?o ? ? ? ? ? o c? co c9 O O ? G 0 e, 7 t N ti nom, Nom' O ? ppp°°g q o w R ? d 0 ppp13 a vy ca;?.o. oco o.? o? w ? n e ? Q O 0 w5 N i C) 0 UNt7 4? o T 1311. (C! h1? 1f3 ? ?b J 6 0 d3 b O? or m s ro o, z ro ro 0 M ua N C 0 ° -' '5 r ro ? ? c ? W b O ra - _ rn r-- ' min "T? r} :_ ?,: min ` NJ 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 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff Wachovia Bank, N.A. Cumberland County Court of Common Pleas vs. Valerie D. Zeigler a/k/a Valerie Zeigler Kenneth E. Zeigler, Jr. a/k/a Kenneth Zeigler Number 06 - 4971 SUPPLEMENTAL AFFIDAVIT OF SERVICE I, Undersigned, attorney for the Plaintiff in the within matter, hereby certify that on the 2nd day of February, 2007, a true and correct copy of the Notice of Sheriff s Sale of Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "A". Copies of the letter and certificate of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." McCAIEISB G AND CONWAY, P.C. BY: ??-- Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE SWORN TO AND SUBSCRIBED BEFORE ME THIS 2nd DAY OF FEBRUARY, 2007. NOT VECM, Kuhr rPd& 1I.0a `??d '' 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 FRANK DUBIN, ESQUIRE - ID # 19280 BONNIE DAHL, ESQUIRE - ID # 79294 ANDREW L. MARKOWITZ, ESQUIRE - ID # # 28009 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff Wachovia Bank, N.A. Cumberland County Court of Common Pleas VS. Valerie D. Zeigler a/k/a Valerie Zeigler Kenneth E. Zeigler, Jr. a/k/a Kenneth Zeigler Number 06 - 4971 SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129 I, Undersigned, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 215 Zion Road, Mount Holly Springs, PA 17065, a copy of the description of said property is attached hereto and marked as Exhibit "A." 1. Name and address of Owner or Reputed Owner: Name Valerie D. Zeigler a/k/a Valerie Zeigler Address 215 Zion Road Mount Holly Springs, PA 17065 Kenneth E. Zeigler, Jr. a/k/a Kenneth Zeigler 215 Zion Road Mount Holly Springs, PA 17065 2. Name and address of Defendant in the judgment: rtm*AJHIBIT A Name Address Valerie D. Zeigler a/k/a Valerie 215 Zion Road Zeigler Mount Holly Springs, PA 17065 Kenneth E. Zeigler, Jr. a/k/a 215 Zion Road Kenneth Zeigler Mount Holly Springs, PA 17065 3 4. 5 6. 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 Wells Fargo Home Mortgage, 1595 Spruce Street Inc. Riverside, CA 92507 Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein. Wells Fargo Bank, N.A. Address 3476 Stateview Blvd Fort Mill, SC 29715 Name and address of every other person who has any record lien on the property: Name None Address 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 EXHIBIT A 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 Domestic Relations Cumberland County 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 Internal Revenue Service Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Address 215 Zion Road, Mount Holly Springs, PA 17065 P.O. Box 320 Carlisle, PA 17013 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 1400 Spring Garden Street Philadelphia, PA 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Technical Support Group, William Green Federal Bldg. Room 3259, 600 Arch Street Philadelphia, PA 19106 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriffs Sales 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. February 2, 2007 DATE McCABE, WEISBERG, AND CONWAY, P.C. BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE UIRE- MARC S. WEISBER EDWARD D. CO MARGARET GAIR 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 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff Wachovia Bank, N.A. Cumberland County Court of Common Pleas vs. Valerie D. Zeigler a/k/a Valerie Zeigler Kenneth E. Zeigler, Jr. a/k/a Kenneth Zeigler Number 06 - 4971 DATE: February 2, 2007 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Valerie D. Zeigler a/k/a Valerie Zeigler and Kenneth E. Zeigler, Jr. a/k/a Kenneth Zeigler PROPERTY: 215 Zion Road, Mount Holly Springs, PA 17065 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriffs Sale on March 7, 2007, 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 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. EXHIBIT B ?' r y'UN7z w N .r ? C o. ? ? Oo v ? cn ?'"3 d ? ? 3 n a Q h 00 ?] ? MO A O . fl. 0 57 "U C/) N n. ry H C N Chun v? x ?? aC 7 o o 3 00 G no y D n N b z `O n $ ? 00 N? n 0 3 eo e e A 0 0 0 o' 'b 0 O tp Al .r?WC Q??O? y p .p, gmUnn? m yy fi 3?" ? a " ra . r '7e7 3 n a fD ? g z ? w N ? o r;??0 p.?,C ? az v v, AA7oN ""? % ?72 3 S o " i o o ^ s 3 m a o EXHIBIT B atisx? ga;E ?^ N?3 'Fx n GB.? G ge?s€ n ?°-,gym m 1 3 2av _. .R. A. c E2 'L7 Z f9 e -MMMM*"PI PITNI i BOWE!: ago ? ? r? ?-:? . .._. s ""R'l -r ' 'T 1 ?°::? _? i '; -._i ? ?") -? -.,-., ?,`•> _ ? - i n ?- t?J ;T ?7? t4 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which James L & Teresa M Adams is the grantee the same having been sold to said grantee on the 4th day of April A.D., 2007, under and by virtue of a writ Execution issued on the November day of 22nd, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 4971, at the suit of Wachovia Bank N A against Valerie D aka Valerie Zeigler and Kenneth E Jr aka Kenneth Zeigler is duly recorded in Deed Book No. 280, Page 227. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this /X day of , A.D. ),00:7 Recorder of Deeds Reoadw of Deeds, Cwnbe *W CW4? C841k PA My Commission Expires the FW W dlyr d Jw Mo Wachovia Bank, N.A. In The Court of Common Pleas of VS Cumberland County, Pennsylvania Valerie D. Zeigler a/k/a Valerie Zeigler 'Writ Nb. 2006-4971 Civil Term And Kenneth E. Zeigler, Jr. a/k/a Kenneth Zeigler R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendants, to wit: Valerie D. Zeigler a/k/a Valerie Zeigler and Kenneth E. Zeigler, Jr. a/k/a Kenneth Zeigler, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Perry County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. PERRY COUNTY RETURN: Served the within defendants, Valerie D. Zeigler a/k/a Valerie Zeigler and Kenneth E. Zeigler, Jr. a/k/a Kenneth Zeigler on December 06, 2006 at 1311 hours by making known unto Kenneth Zeigler personally and husband of Valerie Zeigler, at 9 Country Meadow Lane, New Bloomfield, PA 17068, and making known unto her the contents thereof. So answers: Carl Nace, Sheriff of Perry County, Pennsylvania. Sharon Lantz, Deputy Sheriff, who being duly sworn according to law, states that on January 16, 2007 at 2045 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Valerie D. Zeigler a/k/a Valerie Zeigler and Kenneth E. Zeigler, Jr. a/k/a Kenneth Zeigler located at 215 Zion Road, Mt. Holly Springs, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Valerie D. Zeigler a/k/a Valerie Zeigler and Kenneth E. Zeigler, Jr. a/k/a Kenneth Zeigler, by regular mail to their last known address of 9 Country Meadow Lane, New Bloomfield, PA 17068. These letters were mailed under the date of January 16, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on April 4, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $73,000.00 to James Adams. It being the highest bid and best price received for the same, James Adams, of PO Box 82, 10 East South Street, Franklintown, PA 17323, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $77,565.22. Sheriff s Costs: Docketing $30.00 Poundage 1,460.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 6.16 Certified Mail 2.10 Levy 15.00 Surcharge 40.00 Post Pone Sale 20.00 Out of County 9.00 Perry County 39.34 Law Journal 653.00 Patriot News 536.21 Share of Bills 16.83 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $2,981.64 p R. Thomas Kline, Sheriff Real Estate ergeant ? S/3010.1 - qV0 'd'" /?`' sT`? 7 91 jg3Ne r ? 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 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Wachovia Bank, N.A. Plaintiff V. Valerie D. Zeigler a/k/a Valerie Zeigler and Kenneth E. Zeigler, Jr. a/k/a Kenneth Zeigler Defendants Attorneys for Plaintiff COURT OF COMMON PLEAS Cumberland COUNTY Number 06-4971 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 I, /yj a r -c- S. W C ( 5 , Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 215 Zion Road, Mount Holly Springs, PA 17065 (Tax Parcel #40-32-2338-003), a copy of the description of said property is attached hereto and marked as Exhibit "A." 1. Name and address of Owners or Reputed Owners: Name Address Valerie D. Zeigler a/k/a Valerie 215 Zion Road Zeigler Mount Holly Springs, PA 17065 Kenneth E. Zeigler, Jr. a/k/a 215 Zion Road Kenneth Zeigler Mount Holly Springs, PA 17065 2. Name and address of Defendants in the judgment: Name Address Valerie D. Zeigler a/k/a Valerie 215 Zion Road Zeigler Mount Holly Springs, PA 17065 Kenneth E. Zeigler, Jr. a/k/a 215 Zion Road Kenneth Zeigler Mount Holly Springs, PA 17065 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 Wells Fargo Home Mortgage, 1595 Spruce Street Inc. Riverside, CA 92507 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. 5. Name and address of every other person who has any record lien on the property: Name None Address 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 propertywhich may be affected by the sale: Name Address Tenants 215 Zion Road, Mount Holly Springs, PA 17065 Domestic Relations P.O. Box 320 Cumberland County Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 Commonwealth of Pennsylvania 1400 Spring Garden Street Inheritance Tax Office Philadelphia, PA 19130 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department #280601 Inheritance Tax Division Harrisburg, PA 17128 Department of Public Welfare TPL Casualty Unit Estate Recovery Program Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Internal Revenue Service Technical Support Group, William Green Federal Bldg. Room 3259, 600 Arch Street Philadelphia, PA 19106 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 unworn falsification to authorities. November 21, 2006 McCABE, EISBERG, 1),C NWP.C. BY:? Cc/L-C ???2?? C^c? Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE h'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 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff Wachovia Bank, N.A. Cumberland County Court of Common Pleas vs. Valerie D. Zeigler a/k/a Valerie Zeigler Kenneth E. Zeigler, Jr. a/k/a Kenneth Zeigler Number 06 - 4971 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Valerie D. Zeigler a/k/a Valerie Zeigler Kenneth E. Zeigler, Jr. a/k/a Kenneth Zeigler 9 Country Meadow Lane New Bloomfield, PA 17068 Your house (real estate) at 215 Zion Road, Mount Holly Springs, PA 17065 (Tax Parcel #40-32-2338-003) , is scheduled to be sold at Sheriffs Sale on March 7, 2007 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $58,405.71 obtained by Wachovia Bank, N.A. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay to Wachovia Bank, N.A., the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFFS SALE DOES TAKE PLACE I . 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 Terrence J. McCabe, 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 Terrence J. McCabe, Esquire 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. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. 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 OR COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 c . ? V LEGAL' DESCRIPTION THE FOLLOWING DESCRIBED REAL ESTATE SITUATED-IN THE COUNTY OF CUMBERLAND, STATE OF PENNSYLVANIA IS AS FOLLOWS: THE FOLLOWING DESCRIBED REAL PROPERTY IS LOCATED IN CUMBERLAND COUNTY OF PENNSYLVANIA ALL THOSE CERTAIN TWO TRACTS SITUATE IN SOUTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT TRACT NO. 1 BEGINNING AT A POINT MARKED BY AND IRON PIN IN THE CENTER OF MOUNTAIN STREET (NOW ZION ROAD) OF THE BOROUGH OF MOUNT HOLLY SPRINGS, EXTENDED, BEING IN THE DIVIDING LINE BETWEEN LOT NOS. 8 AND 9 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE BY THE CENTERLINE OF SAID MOUNTAIN STREET, NORTH 21 DEGREES 84 MINUTES EAST, SEVENTY-THREE AND FIVE TENTHS (73.5) FEET TO A POINT MARKED BY AN IRON PIN; THENCE BY THE LINE OF LANDS NOW OR FORMERLY OF RICHARD L MOTTER ET. UX. KNOWN AS LOT NO. 10 ON THE HEREINAFTER MENTIONED PLAN OF LOTS, NORTH 75 DEGREES 25 MINUTES WEST, ONE HUNDRED TWENTY-SIX (126) FEET, MORE OR LESS, TO A POINT; THENCE IN A SOUTHWESTERLY DIRECTION CONTINUING BY THE LINE OF OTHER LANDS NOW OR FORMERLY OF RICHARD L. MOTTER ET. UX. FIFTY-FIVE AND FIVE TENTHS (55.5) FEET, MORE OR LESS, TO THE LINE OF LOT NO. 8; THENCE IN A SOUTHEASTERLY DIRECTION BY THE LINE OF LOT NO. 8, ONE MOUNTAIN STREET, EXTENDED, THE PLACE OF BEGINNING. BEING LOT NO.9 ON A PLAN LAID OUT FOR RICHARD L. MOTTER AND LANE M. MOTTER, HIS WIFE, BY CLARK A. BRYAN, REGISTERED ENGINEER, DATED MAY, 1947. TRACT NO. 2 BEGINNING AT AN IRON PIN IN THE CENTER OF MOUNTAIN STREET (NOW ZION ROAD) EXTENDED, OF THE BOROUGH OF MOUNT HOLLY SPRINGS; THE SAID POINT BEING THE SOUTHEAST CORNER OF LOT NO. 10 ON THE HEREINAFTER MENTIONED PLAN OF LOTS AND A COMMON CORNER OF TRACT NO. 1 HEREON AND OTHER LAND NOW OR FORMERLY OF RICHARD L. MOTTER ET. UX.; THENCE BY THE CENTER LINE OF SAID STREET NORTH 21 DEGREES 66 MINUTES EAST, FIFTY (50) FEET TO A POINT, THENCE BY OTHER LAND NOW OR FORMERLY OF RICHARD L. MOTTER ET. UX. NORTH 75 DEGREES 25 MINUTES WEST, TWO HUNDRED SEVENTY-NINE (279) FEET, MORE OR LESS, TO A POINT ON THE WESTERN LINE OF LOT NO. 10; THENCE BY THE WESTERN LINE OF SAID LOT SOUTH 25 DEGREES 23 MINUTES WEST, FIFTY (50) FEET, MORE OR LESS, TO A POINT THE SOUTHWESTERN CORNER OF SAID LOT; THENCE BY THE SOUTHERN LINE OF SAID LOT SOUTH 75 DEGREES 25 MINUTES EAST, TWO HUNDRED EIGHTY AND FIVE TENTHS (280.5) FEET, MORE OR LESS, TO THE PLACE OF BEGINNING. BEING THE SOUTHERN FIFTY (50) FEET OF LOT NO. 10 ON THE PLAN OF LOTS LAID OUT FOR RICHARD L. MOTTER BY CLARK A. BRYAN, REGISTERED SURVEYOR, IN MAY 1947. HAVING ERECTED THEREON A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 215 ZION ROAD, MT. HOLLY SPRINGS, PENNSYLVANIA, BEING KNOWN AS 215 Zion Road, Mount Holly Springs, PA 17065 Being the same premises which Albert J. Hykes and Sharon L. Hykes, by deed dated the 12/12/1996, and recorded 12/12/1996 in the Office of the Recorder in and for Cumberland County in Deed Book 150, Page 527, granted and conveyed to Valerie D. Zeigler a/k/a Valerie Zeigler and Kenneth E. Zeigler, Jr. a/k/a Kenneth Zeigler, in fee. TAX MAP PARCEL NUMBER: 40-32-2338-003 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-4971 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WACHOVIA BANK, N.A. Plaintiff (s) From VALERIE D. ZEIGLER A/K/A VALERIE ZEIGLER and KENNETH E. ZEIGLER, JR. A/K/A KENNETH ZEIGLER, 215 ZION ROAD, MT. HOLLY SPRINGS PA 17065 (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 215 ZION ROAD, MT. HOLLY SPRINGS PA 17065 (SEE LEGAL DESCRIPTION). (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $58,405.71 L.L. $.50 Interest FROM 11/22/06 TO 3/7/07 = $1,017.60 @ $9.60 per diem Atty's Comm % Due Prothy $1.00 Atty Paid $a3a.6'G Other Costs Plaintiff Paid Date: NOVEMBER 22, 2006 Curt' R. Long, Prothon tary (Seal) By: Deputy REQUESTING PARTY: Name MARC S. WEISBERG, ESQ. Address: 123 S. BROAD ST., SUITE 2080 PHILADELPHIA PA 19109 Attorney for: PLAINTIFF Telephone: (215) 790-1010 Supreme Court ID No. 16496 Real Estate Sale # 50 On November 30, 2006 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as 215 Zion Road, Mount Holly Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 30, 2006 By: ?* " Real Estate Sergeant TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 50 Held: Wednesday, April 4, 2007 Date: April 4, 2007 TAXES: Receipts for all taxes for the years 2004 to 2006 inclusive. Taxes for the current year 2007. WATER RENT: Company assumes no liability for private supply of water or sewer. SEWER RENT Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , 2007, and recorded , 2007, in Cumberland County Deed Book , Page RECITAL: Being the same premises which Albert J. Hykes and Sharon L. Hykes, his wife, by deed dated December 12, 1996, and recorded December 12, 1996, in the Office of the Recorder of Deeds in and for Cumberland County, in Carlisle, Pennsylvania, in Deed Book 150, Page 527, granted and conveyed to Kenneth E. Zeigler, Jr., and Valerie D. Zeigler, his wife. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of Zion Road, formerly known as Mountain Street. 6. Building conditions, easements, restrictions, as set forth on or recorded with the Plan of Lots laid out for Richard L. Motter and Lena M. Motter 7. Mortgage in the amount of $75,978.00 given by Kenneth E. Zeigler, Jr., and Valerie D. Zeigler to Wells Fargo Home Mortgage, Inc., dated July 3, 2003, and recorded August 26, 2003 in Mortgage Book 1832, Page 59. Complaint in mortgage foreclosure filed by Wells Fargo Bank, successor by merger to Wells Fargo Home Mortgage, Inc., as Plaintiff, against Kenneth E. Zeigler, Jr., also known as Kenneth L. Zeigler, Jr., and Valerie D. Zeigler as Defendants, in the Office of the Prothonotary of Cumberland County, on July 24, 2006 to File No. 2006-4156. Judgment in the amount of $78,740.38 entered February 1, 2007. 8. Mortgage in the amount of $53,095.00 given by Kenneth E. Zeigler, Jr., and Valerie D. Zeigler to Wachovia Bank, NA dated December 16, 2002 and recorded January 28, 2003 in Mortgage Book 1793, Page 2970. 9. Complaint filed by Wachovia Bank, N.A. as Plaintiff against Valerie D. Zeigler, also known as Valerie Zeigler and Kenneth E. Zeigler, Jr., also known as Kenneth Zeigler as Defendants on August 25, 2006 to File No. 2006-4971. Judgment in the amount of $58,405.71 entered October 20, 2006. 10. Rights granted to Metropolitan Edison Company by instruments recorded October 19, 1956 in Miscellaneous Record Book 123, Pages 498 and 500. 11. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 12. Real estate taxes accruing on and after July 1, 2007 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. V J , /' Robert G. Frey, Agent Note: This Title Report shall not be valid or until countersigned by an authorized signato kEAL ESTATE SALE NO. 50 Writ No. 2006-4971 Civil Wachovia Bank, NJL Vs. Valerie D. Zeigler a/k/a Valerie Zeigler and Kenneth E. Zeigler, Jr. a/k/a Kenneth Zeigler Atty.: Marc Weisberg LEGAL DESCRIPTION THE following described real es- tate situated In the County of Cumberland, State of Pennsylvania is as follows: THE following described real property Is located in Cumberland County of Pennsylvania all those certain two tracts situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit TRACT NO. 1 BEGINNING at a point marked by and Iron pin in the center of Mountain Street (now Zion Road) of the Borough of Mount Holly Springs, extended, being in the dividing line between Lot Nos. 8 and 9 on the hereinafter mentioned plan of lots; thence by the centerline of said Mountain Street, North 21 degrees 84 minutes East, seventy-three and five tenths (73.5) feet to a point marked by an Iron pin; thence by the line of lands now or formerly of Richard L. Motter et, ux, known as Lot No. 10 on the hereinafter men- Uoned plan of lots, North 75 degrees 25 minutes West, one hundred twenty-six (126) feet. more or less, to a point; thence in a southwest- erly direction continuing by the line of other lands now or formerly of Richard L. Matter et. ux. fifty-five and five tenths (55.5) feet, more or less, to the line of Lot No. 8; thence in a southeasterly direction by the line of Lot No. 8, One Mountain Street, extended, the place of be- ginning. BEING Lot No. 9 on a plan laid out for Richard L. Motter and Lane M. Motter, his wife, by Clark A. I Bryan, Registered Engineer, dated May, 1947. TRACT NO. 2 BEGINNING at an iron pin in the center of Mountain Street (now Zion Road) extended, of the Borough of Mount Holly Springs; the said point being the southeast comer of Lot No. 10 on the hereinafter mentioned plan of lots and a common comer of Tract No. 1 hereon and other land now or formerly of Richard L. Motter et. ux.; thence by the center line of said street North 21 degrees 66 minutes East, fifty (50) feet to a point; thence by other land now or formerly of Richard L. Molter et. ux. North 75 degrees 25 minutes West, two hundred seventy-nine (279) feet, more or less, to a point on the west- ern line of Lot No. 10; thence by the western line of said lot South 25 degrees 23 minutes West, fifty (50) feet, more or less, to a point the southwestern comer of said lot; thence by the southern line of said lot South 75 degrees 25 minutes East, two hundred eighty and live tenths (280.5) feet, more or less, to the place of beginning. SCHEDULE OF DISTRIBUTION SALE NO. 50 Date Filed: May 4, 2007 Writ No. 2006-4971 Civil Term Wachovia Bank, N.A. VS Valerie D. Zeigler a/k/a Valerie Zeigler and Kenneth E. Zeigler, Jr. a/k/a Kenneth Zeigler Sale Date: April 4, 2007 Buyer: James L. Adams Bid Price: $73,000.00 Real Debt: $58,405.71 Interest: 1,017.60 Attorney Costs: 232.50 Total: $59,655.81 DISTRIBUTION: Receipts: Cash on account (11/30/2006): $ 1,500.00 Cash on account (04/02/2007): 7,300.00 Cash on account (04/20/2007) 70,265.22 Total Receipts: $79,065.22 Disbursements: Sheriff s Costs $2,981.64 Legal Search 400.00 Local Transfer Tax 1,352.61 State Transfer Tax 1,352.61 Judy Campbell, Tax Collector 318.58 Attorney Marc Weisberg 1,500.00 Wachovia Bank, N.A. 59,655.81 Wells Fargo Home Mortgage Inc. 11,503.97 Total Disbursements: ($79,065.22) Balance for distribution: 0.00 So Answers: 001 R. Thomas Kline Sheriff THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 24th and 31st day(s) of January and the 7th day(s) of February 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION .................. kA?! ...................................... COPY Sworn to and s' ' #efore me this 26th day of February 2007 A.D. SALE#50 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Tern L. Russell, No?Oublic CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 26, February 2 and February 9, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 50 Writ No. 2006-4971 Civil Wachovia Bank, N.A. vs. Valerie D. Zeigler a/k/a Valerie Zeigler and Kenneth E. Zeigler, Jr. a/k/a Kenneth Zeigler Atty.: Marc Weisberg LEGAL DESCRIPTION THE following described real es- tate situated in the County of Cumberland, State of Pennsylvania is as follows: THE following described real property is located in Cumberland County of Pennsylvania all those certain two tracts situate in South Middietnn Towmhin_ Cumberland ` isa Marie Co e, Editor SWORN TO AND SUBSCRIBED before me this 9 day of February, 2007 NOTARIAL SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009