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Home My WebLink About99-069021. r:. a CQ SALE DATE: JUNE 6, 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BANK OF AMERICA, N.A.. SBM TO NATIONSBANC MORTGAGE No.: 99-6902 CORPORATION Vs. BRIAN L. BRUNNER JULIA M. BRUNNER AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praccipe for the Writ of Execution was filed the following information concerning the real property located at: 129 WYNNWOOD DRIVE. CARLISLE PA 17013. As required by Pa. R.C.P. 3129.2(x) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed), and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. FRANK FEDERMAN, ESQUIRE ?- Attorney for Plaintiff April 26, 2001 BANK OF A.?f E[iICA, N.A.. S/B/>I TO NA'1'10NSISANC :MORTGAGE CORPORATION , BRIAN L. BIIUNNE12 JULIA M. BRUNNER Plaintiff, Defendant(s). CUMBERLAND COUN'T'Y COURT OF COMMON PLEAS CIVIL DIVISION NO. 99-6902 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) [SANK OF AMERICA. N.A., S/B/NI TO NATIONSBANC :MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney. FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was tiled the following information concerning the real property located at 129 WYNNWOOD DRIVE. CARLISLE. PA 17013. Name and address of Owtur(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) BRIAN L. BRUNNER 129 WYNNIVOOD DRIVE CARLISLE, PA 17013 3. JULIA M. BRUNNER 129 WYNNWOOD DRIVE CARLISLE, PA 17013 Name and address of Defendant(s) in the judgment. NAME LAST KINOWN. ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above Name and address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 4. Name and address of the last recorded holder of every mort_atic of record: NA`IE LAST KNO%%'N ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Providian National Bank 295 Main Street Tilton, Nil 03276 S. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (Ifaddress cannot be reasonably ascertained, please so indicate.) None 6. Name and address of every other person %%ho has any record interest in die propem and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained. please so indicate.) None 7. Name and address of every other person whom the plainti ff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNO%VN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 129 NVYNNNVOOD DRIVE CARLISLE. PA 17013 Domestic Relations of Cumberland 13 North Hanover Street County Carlisle. PA 17013 Commonwealth of Pennsylvania PO [3os 3G?5 Department of Welfare Harrisburg, PA 17105 I verifv 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 IS Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Februarv 21. _'001 DATE FRANK FEDER-MAN, ESQUIRE Attorney for Plaintiff - ? ? i I 1 ? I I I I I ( 1 ? 1 l i i l ? i i l i i i i 1= i= , C - C I i I I t, n = G " J n i t r v n . O. ? W J i 1 I y 1 C i I i IQ I J - Q - O 4 i n C (n I ? J n ? . A I - i ff. _ : 1?-=1I{ I r ? ? I I I ? I I I ?I n_ n 1 ^ T - n i n I 1 N j r i o ' O >- ?" ? E; „ ; ?.; ' ; < c - ,;-- _?<: _ - ';? -: _ ? - ?,- ;; _. j i:? ( CASE NO: 1999-06902 P SHERIFF'S RETURN - REGULAR COMMON COUNTYWEAOFLCUMBERLANDTH OF PENNSYLVANIA: BAND OF AMERICA NA ET AL VS. BRUNNER BRIAN L ET AL DAWN KELL , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according was served to law, says, the within COMPLAINT - MORT FORE the upon BRUNNER BRIAN L defendant, at 15:27 HOURS, on the 29th day of November 1999 at 129 WYNNWOOD DRIVE CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to BRIAN L. BRUNNER a true and attested copy of the COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answer Docketing 18.00 Service 3.10 Affidavit .00 Surcharge 8.00 omas ine, eri FEDERMAN & PHELAN 11/30/1999 \ l by utt' e pu?Sherif-f Sworn and subscribed to before me this ;3 = day of 19 ??f A. D. ?Lc@Cw , /I , - ` ro?hono-ary % SHERIFF'S RETURN - REGULAR CASE NO: 1999-06902 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF AMERICA NA ET AL VS. BRUNNER BRIAN L ET AL DAWN KELL , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BRUNNER JULIA M the defendant, at 15:27 HOURS, on the 29th day of November 1999 at 129 WYNN4100D DRIVE CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to BRIAN L. BRUNNER a true and attested copy of the COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof Sheriff's Costs: So answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 8.00 11t. i ine, eri $2' 0"0-FEDERNIAN & PHELAN 11/30/1999 by epu y Sneiif Sworn and subscribed to before me this /3n.- day of 19 9Ci A.D. r ?LLcE'Cr Ly l\?/,.tom. Prot?nono a ?-?- 11 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 BANK OF AMERICA, N.A., S/B/M TO NATIONSBANC CUMBERLAND COUNTY MORTGAGE CORPORATION . Plaintiff, ?. No. 99-6902 BRIAN L. BRUNNER JULIA M. BRUNNER Dcfcnd:mt(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due 567,620.02 Interest from 1/3/01 - 6/6/01 S5.771.28 and Costs (per diem - S 11.12) 573.391.30 TOTAL FRANK FEDERMAN, ESQUIRE ONE PENN CENTER at SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103 Attorney for Plaintiff Note: Please attach description of property.No. !f Wyh)WIV4I (V. C.ur(t51? PA lim OZ i O q U a? O ? % Q O O ? O [? L I t O O C 4 O u ?.,U Utl C E a0 crn0 Z V Uzi a C % N N G I G O _o O? Ln L L i CD a? 0. U e 0 w ?o z?? p r ? Z r a ev i a G ^Z ? y O Q :v < i tl ? U Z U N U c v c 0 c. N u L L 3 DES_ CAN ALL THAT CERTAIN lot of ground with the improvements thereon erected Situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pipe on the Northerly side of Wynnwood Drive at the Southeastern comer of the land now or formerly of J. Robert McCarthy and wife; thence Estwardly along the Northern side of Wynnwood Drive 65 feet to the intersection of Wynnwood Drive and East Wynnewood Drive; thence Northwardly along the Western side of East Wynnwood Drive 175 feet to an iron pipe; thence Westwardly along the line of land now or formerly of Paul A. Heberlig and wife 65 feet to an iron pipe at the line of land now or formerly J. Robert McCarthy and wife; thence Southwardly along the latter land 173 feet to an iron pipe, the place of beginning. BEING improved with a two-story frame dwelling house on Lot No. 2 of the Plan of Lots known as mberl "Valley View Acres No. 2" as recorded t the O kffice of nown tthh and Recorder of D e Wor Cu od Drnd as numbered County, Pennsylvania, in Plan Book 4, page and being subject to the building and other restrictions which are incorporated in and made a part o said Plan of Lots. Tax Parcel # 29-16-1094-224 RECO OWNER runner and Brunner TITLE TO SAID PREMISES IS VESTED and Linda S. Self dated 514/92, recorded 5/11/9bann and wife by Deed from Anthony S. Deed Book Q-35, Page 987. r: Y 3 i lill UNITED S"t'AT1:6 BANKRCI'TCY COURT FOR THE MIDDLE DIS"rRIC'TOPI'ENNSYLVANIA IN RE: Brian L. Brunner Chapter No. 7 Julia.M. Brunner Debtor(s) Bankruptcy No. 00-00333 MINY Bank of America-N.A. Aiovant V. Brian L. Brunner Julia M. Brunner Respond:mt (s): G'GC( Ci55c7?7 cam- .k r 1 L rW C st I I DEN 2 6 2000 L_- 1 ., t).5. BanF:r•ptcy Court ORDrR AND NOW, this W? da% of \ \ \ \1_? 'UUO, upon consideration of the Motion for Reliel'and Motion for Default of'locaot. Bank of America. N.A., it is hereby ORDERED that the Order for Relief be entered by default with respect to premises at 129 Wvnnwood Drive, Carlisle. PA 17013, to allow the Movant to foreclose on its mortgage, which mortgage was recorded in Cumberland County, in Mortgage Book 1190, Page 262, to allow the Nloyant to foreclose on its mortga ge, and allow the purchase of said premises at Sheriff's sale (or purchaser's assignee) to take an legal action for enforcement of its right to possession of said premises. By the Court: .. .::1n 1. ?}i40k31t19 Rober J. Woodside. Bankruptcy Judge cc: Judith T. Romano. Esquire One Penn Center at Suburban Station 1617 John F. Kennedv Blvd., Suite 1400 Philadelphia, PA 19103-1314 James K. Jones. Esquire 7 Irvine Row Carlisle, PA 17013-3019 Brian L. Brunner Lawrence G. Frank, Esquire (Trustee) Julia NI. Brunner 2023 North Second Street 129 W%nnwood Drive Harrisburg. PA 17102 Carlisle, PA 17013 e ? BANK OF AMERICA, N.A., S/IS/JI TO NATIONSBANC CU\IISERI.,\ND COUNTY MORTGAGE CORPORATION Plaintiff C0UIt'1'OI- CO\I\ION PLEAS V. CIVIL DIVISION BRIAN L. BRUNNER JULIA M. BRUNNER NO. 99-6902 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praccipe for the Writ of Execution was tiled the following information concerning the real property located at 129 NYNNNYOOD DRIVE. CARLISLE. PA 17013. Name and address of Owner(s) or reputed Owncr(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicalc.) BRIAN L. BRUNNER 129 WYNNNOOD DRIVE CARLISLE, PA 17013 JULIA M. BRUNNER 129 WYNMVOOD DRIVE CARLISLE, PA 17013 2. Name and address of Defendant(s) in tile judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of everyjud,nient creditor whosejudgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None ' 4. Name and address of the last recorded holder of cvcry mortgage of record: LAST KNOWN ADDRESS (If acldress cannot be NAME reasonably ascertained, plcasc so indicate.) Providian National Batik 295 \lain Street Tilton, Nil 03276 j, Name and address of cvcry other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, )lease so indicate.) None 6. Name and acldress of cvcry other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of evcty other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: LAST KNOWN ADDRESS (If address cannot be NAME reasonably ascertained, please so indicate.) Tenant/Occupant 129 WYNNWOOD DRIVE CARLISLE, PA 17013 Domestic Relations of cumberland County Comntomvealth of Pennsylvania Department of Welfare 13 North Ilanover Sheet Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal ts here penaltiesgof 1StPa?tC StiSec`t 49041rc atingtt otmsworn tfalsificutioll tot: uthor ities. made subject to the February 23. 2001 DATE Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERNIAN ATTORNEY FOR PLAINTIFF Identification No. 12248 Suite 1400 One Penn center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 13AN'K oP A\IERICA, N.A., S/If/al TO NA•1'IoN'SBANC CU\IIfEKL.\ND C011N IN101VI'GAGE CORPORATION COURT OF CODjNj(ys PLEAS Plaintiff, CI\'ll. DIVISION V. No. 99-690'_ ISKIAN L. ImUNNER JULb\ N. twUNNER Defendant(s). ' CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attomcy for the Plaintiff in ect the above-captioned matter, and that the premises arc not subj to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (a) Act 91 procedures have been fulfilled This certification is made subject to the penalties of Is Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff BANK'OF AMERICA, N.A., SHtA1 TO NATIONSBANC CUMBERLAND COUNTY .NIORT'GAGE CORPORATION 1'laintil'I', No. 97.6902 v. BRIAN L. BRUNNER JULIA M. BRUNNER Defendant(s). February 23, 2001 TO: BRIAN L. BRUNNER JULIA NI. BRUNNER 129 WYNNWOOD DRIVE CARLISLE. PA 17013 "TIIIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEIST AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE=. IF 1'OU HAVE PRE\'IOUSLI' RECEIVED A DISCIIARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIIL\1ED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 12911'YNNWOOD DRIVE. CARLISLE. PA 17013, is scheduled to be sold at the Sheriff's Sale on JUNE 6.2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the courtjudgment obtained by BANK OF AMERICA. N.A.. S/B/D7 TO NATIONSBANC MORTGAGE CORPORATION (the nortgagee) against you. If the Sheriffs sale is postponed, the property will be relisted for the September 5. 2001 Sheriffs Sale. 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 cancelled i f you pay to the mortgagee the back payments, late charges. costs and reasonable attorney's fees due. To rind out how much you must pay, you may call: (215) 563-7000. 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 inhproperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. . You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on haw to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Shcrifl's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through onh, if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other ri_hts and defenses, or ways of getting your home back, i f you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected Situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pipe on the Northerly side of Wynnwood Drive at the Southeastern comer `-. of the land now or formerly of J. Robert McCarthy and wife; thence Eastwardly along the Northern side of Wynnwood Drive 65 feet to the intersection of Wynnwood Drive and East Wynnewood Drive; thence Nonhwardly along the Western side of East Wynnwood Drive 175 feet to an iron pipe; thence Westwardly along the line of land now or formerly of Paul A. Heberlig and wife 65 feet to an iron pipe at the line of land now or formerly J. Robert McCarthy and wife; thence Southwardly along the latter land 173 feet to an iron pipe, the place of beginning. BEING improved with a two-story frame dwelling house on Lot No. 2 of the Plan of Lots known as "Vallev View Acres No. 2" as recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 4, page 62, known as and numbered 129 Wynnwood Drive: and being subject to the building and other restrictions which are incorporated in and made a part of said Plan of Lots. Tar Parcel # 29-16-1094-224 RECD OWNER TITLE TO SAID PREMISES IS VESTED IN rian L. Brunner and Julia M. Brunner, husband and wife by Deed from Anthony S. Vance and Linda S. Self dated 5/4/92, recorded 5/11192, in Deed Book Q-35, Page 987. FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 Two Penn Center Plaza - Suite 900 Philadelphia, PA 19102 (215) 563-7000 Bank of America, N.A., S/B/M To Nationsbanc Mortgage Corporation 101 E. Main Street, Suite 400 Louisville, KY 40232-5140 Plaintiff VS. Brian L. Brunner Julia M. Brunner 129 Wynnwood Drive Carlisle, PA 17013 Defendant(s) Attorney for Plainti ff : Cumberland COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 99-6902 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enterjudgment in favor of the Plaintiffand against Brian L. Brunner and Julia M. Brunner, Defendant(s), for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest 11/1/99 to 113100 $66,837.94 5782.08 TOTAL 567,620.02 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) notice has been given in accordance with Rule 237. 1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 7cao Cc ?t R PRO PIS HY "TI [IS FIRM IN A DEBT COLLECTOR ATft..NIPTING'rO COI.LF.Cr,\ DEBT AND ANY INFORM TION 0111'.\INF.D WILL BE USED FORTIIA'r PURPOSE. IF YOU HAVE PREV1OUNLY RECEIVED A IIISCIIARGF. IN IIANKRITYCY AND THIS IWII r WAS NO'r ItFAFFnUIED.TIIIN CORRFSI'ONUF.N('F. IS NO'r,\NU SIIOULD NOl' Itt: ('ONti ED 10 RE AN AT I F:\II''1" 10 C'OI.LF.(T A DFirr. Iti rr oN'IA' ENFOItfF.MF.N'I' OF A LIEN AGAINST PROPERTY. - FEDERMAN AND PHELAN Frank Federman, Esquire Identification No. 12248 Two Penn Center Plaza Suite 900 Philadelphia, PA (215) 563-7000 BANK OF AMERICA, NATIONSBANC CORPORATION Plaintiff VS. BRIAN L. BRUNNER JULIA M. BRUNNER Defendant 19102-1799 N.A. S/B/M TO MORTGAGE TO: BRIAN L. BRUNNER 129 WYNNWOOD DRIVE CARLISLE, PA 17013 DATE OF NOTICE: DECEMBER 21, 1999 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 99-6902 PLEASE BE ADVISED THAT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION RECEIVED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 BAR ASSOCIATION Frank Federman, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN Frank Federman, Esquire Identification No. 12248 ATTORNEY FOR PLAINTIFF Two Penn Center Plaza Suite 900 Philadelphia, PA 19102-1799 (215) 563-7000 BANK OF AMERICA, N.A. S/B/M TO COURT OF COMMON PLEAS NATIONSBANC MORTGAGE CORPORATION . CIVIL DIVISION Plaintiff CUMBERLAND COUNTY vs. BRIAN L. BRUNNER NO. 99-6902 JULIA M. BRUNNER Defendant TO: JULIA M. BRUNNER 129 WYNNWOOD DRIVE CARLISLE, PA 17013 DATE OF NOTICE: DECEMBER 21, 1999 PLEASE BE ADVISED THAT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION RECEIVED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 BAR ASSOCIATION Frank Federman, Esquire Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 Attorney for Plaintiff Bank of America, N.A., S/B/M To : Cumberland COUNTY Nationsbanc Mortgage Corporation Court of Common Pleas Plaintiff : CIVIL DIVISION VS. Brian L. Brunner Julia M. Brunner Defendant(s) NO. 99-6902 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are 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 (b) that defendant Brian L. Brunner is over 18 years of age and resides at 129 Wynnwood Drive, Carlisle, PA 17013. (c) that defendant Julia M. Brunner is over 18 years of age, and resides at 129 Wynnwood Drive, Carlisle, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswor falsification to authorities. I /'U((, Al ? ?.?,•rr l4./1 FRANK FEDERMAN Attorney for Plaintiff (Rule of Civil Procedure No. 236 - Revised) Bank of America, N.A., S/B/M To : Cumberland COUNTY Nationsbanc Mortgage Corporation Court of Common Pleas Plaintiff : CIVIL DIVISION vs. Brian L. Brunner Julia M. Brunner :NO. 99-6902 Defendant(s) Notice is given that a Judgment in the above captioned matter has been entered against you on January Al .2000. By C li.. , c? ?1 DEPUTY If you have any questions conccming this matter, please contact: FRANK FEDERMAN, ESQUIRE Attorney for Filing Party SUITE 900 TWO PENN CENTER PLAZA PHILADELPHIA. PA 19102 (215) 563-7000 **THIS FIRM IS A DMIT COLLECTOR A7-1'ENIP'IING To COLLECT A DF,BT AND ANY INFORMATION OBTAINED WILL RE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DERT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO RE AN .VITEMP'r TO COLLECT A DEBT, RU'r ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** 03/10/2001 18:43 7172632705 KISKADDON PAGE 07 AFFIDAVIT OF SERVICE PLAINTIFF BANK OF ANIERICA, N.A., S/BIM TO CUMBERLAND COUNTY NATIONSBANC NIOR'fCAGE CORPORATION No.99-6902 DEFENDANT(S) BRIAN L. BRUNNER Type of Action JULIA M. BRUNNER - Nodcc of Sherlfl's Sale SERVE AT 129 WVNNWOOD DRIVE Sale Date: JUNE 6, 2001 CARLISLE. PA 17013 SERVED q W Served and made known to 'Q e• w to N e v , Defendant on Cite I a day of Y'r`o^ 0^' , 2U0 -? at 'A% do , o'clock .?.m., at lay W vv v+ .t t a cl a r 1SS\. t P A 1? 6 t 3 Commonwealth of Pennsylvania, in the manner described below: I/f Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Ivfanager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 17 Height Weight 1,r Race W Sex t,_ Other 1. , a competent adult, being duly swom according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of ,200_. Notary: By: NOTSERVFD On the 4e4e day of WN ?, 2003 , at a.?5o o'clock Defendant NOT FOUND because: Moved Unknow?t _ No Answer J Vacant Other: Sworn to and subscribed before me this day of 200 Notary: By: Attornev for Plaintiff Frank Federman, Esquire - I.D. No. 12248 Otte Penn Center Suburban Station, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 CO ail. 03/10/2001 18:43 7172632705 KISKADDON PAGE 06 AFFIDAVIT OF SERVICE PLAINTIFF DEFENDANT(S) SERVE AT HANK OF AMERICA, N.A., S/BIM TO CUINIBERLAND COUNTY NATIONSBANC MORTGAGE CORPORATION No.99-6902 BRIAN L. BRUNNER JULIA NI. BRUh1YER Type of Action - Notice of Sheriff's Sale 129 WYNNWOOD DRIVE CARLISLE. PA 17013 SERVED Sale Date: JUNE 6, 2001 Served and made known to,-ULIR M. 3RUNAF_R , Defendant, on the J Q t h day of _ v t ,ZOO j, at o'clock L.m., at lag WYNIVI&(Wl J RIVE, tCARLISLE I ilB. 1.1013 , Commonwealth of Pennsylvania, in the manner described below: Z/ Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of 0efcndanl(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age3-q-- Height Seal Weight 13 Race N Sex _F. Other I, NUI. I . F.AC ( Q , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Swom to and subscribed before me this _ day of 200. Notary: By: NOTSERVED On tite day of , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved _ Unknown _ No Answer Vacant Other: Sworn to and subscribed before me this day of 200 Notary: By: Attornev fnr Plaintiff Frank Federman, Esquire. I.D. No. 12248 One Penn Center Suburban Station, Suite 1400 Philadelphia, PA 19103 (215) 563.7000 r•• ?t +s rt) ME' . - STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND SS. Robert P Ziegler I+----------- ------------------- ______ Recorder of Deeds in and for said County and State do'hemby certify that the Sheriff's Deed in which ---------------- Federal Home Loan Mtg Corp -- ---------------------------------------------------------------------------------isthe grantee the same having been sold to said grantee on the ------------------------ 6th ------------------- day of ---------------------->---June--------- A. D. 2001----- under and by virtue of a writ ---------___-- ----Execution -------------------------------- muedonthe --__6th ---------------------------- day of ___ Narch---------------- A D 200 ., _, out of the Court of Comman Pleas of said County as of Civil 1999---- ------------------------------••-------------------------------------------------- Term,. Number -----6---90--2 ----, atthesuitof_&1nk- merica N A s/b/m to Nationsbanc MtCorp sf -A - -------------- ----------------------------------- against-__ Srian_L-& Julia M Brunner ----- a duly recorded in Sheriffs Deed Book No. -!4Z -------- Page ___ 2609 --- IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this _-__ .!?3 -_ day of -------------? - ----------- A. D., .7-c7 o-L- ------ Recorder bcock c ?S r; r1;1* a h peearder of Deeds, QtmbmhrN Cm*, Ceft PA Df com iii, upira ttst rirA mmay of Hat in Bank of America, N.A., S/13/M to Nationbanc Mortgage Corporation VS Brian L. Brunner and .Julia M. Brunner In the Court of Common Pleas of Cumberland County. Pennsylvania No. 1999-6902 Civil Shannon Sunday, Deputy Sheriff, who being duly sworn according to law, says on April 17, 2001 at 7.29 o'clock P.M. EDST, she posted a copy of Real Estate Writ Notice Poster and Description on the property of Brian L. Brunner and Julia M. Brunner located at 129 Wynnwood Drive, Carlisle, Cumberland County, Pennsylvania, according to law. Kennet]) Gossert, Deputy Sheriff. who being duly sworn according to law, says on April 20, 2001 at 4:25 o'clock 1'M EDST, he served a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon one of the within named defendants to wit: Brian L. Brunner, by making known unto Brian L. Brunner at 129 Wynmvood Drive Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copies of the same. David McKinney, Deputy Sheriff; who being duly sworn according to law, says on April 25, 2001 at 7:40 o'clock PM EDST, he served a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon one of the within named defendants to wit: Julia Brunner, by making known unto Julia Brunner at 173 East High St. Apt.4 Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copies of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a pendency of the action to one of the within named defendants to wit: Brian L. Brunner by regular mail to his last known address, 129 Wynmvood Dr. Carlisle, PA. This letter was mailed under the date of April 26, 2001 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a pendency of the action to one of the within named defendants to wit: Julia M. Brunner by regular mail to her last known address, 173 East 1-ligh St. Apt.4 Carlisle, PA. This letter was mailed under the date of April 26, 2001 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says 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 Court Ilouse, Carlisle, Cumberland County, Pennsylvania, on June 6, 2001 at 10:00 o'clock A.M., EDST. He sold the same for the sum of $35000.00 to Attorney Dale Shughart for Federal 1-Ionic Loan Mortgage Corporation, it being the highest bid and best price received for the same. Federal I Ionic Loan Mortgage Corporation of foreclosure Unit, mail Stop 61, P.O. Box 5000, Vienna, VA 22183-5000, being the buyer in this execution, paid Sheriff R. Thomas Kline the sum of $1,675.93, it being sheriffs costs. r Sheriffs Costs: Docketing 0 00 Poundage 70 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 County 1.00 Mileage 9.30 Certified Mail 1.39 Levy 15.00 Surcharge 30.00 Legal Search 200.00 Law Journal 31655 Patriot News 225.60 Share of Bills 25.09 Distribution of Proceeds 25.00 Sheriffs Deed ikig $1675.93 Sworn and subscribed to before me This Kam day of Paid By Attorney Rank Federman 7-06-01 2001, A.D.- Prot 10rotary so answers: R. Thomas Kline, Sheriff By,?G-t: ?.1r ? ?? DcpV ty Slieriff °,4 t1- ?? o CIA ? S CO I ?J j jy7? CIS ? At BANK OF AMERICA, N.A.. S/B/NI TO NATIONSBANC MORTGAGE CORPORATION i•. Plaintift'. BRIAN L. BRUNNER JULIA \I. BRUNNER Defeadanl(.). CUMBERLAND COUNTY COURT OP COALMON PLEAS CIVIL DIVISION NO. 99-6902 AFFIDAVIT PURSUANT TO RULE 3129 (AClidacit No. 1) BANK OF A1IERICA. N.A.. S/B/M TO NATIONSBANC D10RTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDEPAIAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was tiled the following information concerning the real property located at 129 WYNNWOOD DRIVE. CARLISLE. PA 17013. Name and address of Owner(s) or reputed Owner(s): NA NIE LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) BRIAN L. BRUNNER 129 WYNNWOOD DRIVE CARLISLE, PA 17013 JULIA Ni. BRUNNER 129 WYNNWOOD DRIVE CARLISLE, PA 17013 2. Name and address ol'Defendant(s) in thejudgmenr. NA,NIE LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of everyjudement creditor whosejudgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 4. Name and address of the last recorded holder of every mortgage oflecord: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Providian National Bank 295 Main Street Tilton, NII 03276 5. Name and address of every other person who has any record lien on the property: NAME- LAST KNOWN ADDRESS (Ifaddress cannot be reasonably ascertained, please so indicate.) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAiNIE LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 129 WYNNWOOD DRIVE CARLISLE, PA 17013 Domestic Relations of Cumberland 13 North Hanover Street County Carlisle, PA 17013 Commonwealth of Pennsylvania PO Box 2675 Department of Welfare Ilarrisburg, PA 17105 I verity 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 IS Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. Febntarv 23. 2001 DATE FRANK FEDERINIAN, ESQUIRE Anornev for Plaintiff OFFIC$ OF Tt:E SHERIFF Mae 1 q o41-11'01 PlNiiSYL`r•ArIM BANK OFAMERICA. N.A., MIEN I TO NATION'SBANC MORTGAGE CORPORATION Plaintiff, BRIAN L. BRUNNER JULIA AI. BRUNNER Defendant(s). TO: BRIAN L. BRUNNER JULIA NI. BRUNNER 129 WYNNWOOD DRIVE CARLISLE, PA 17013 CUMBERLAND COUNTY No. 99-6'902 February 23, 2001 "THIS FIR.%1 IS A DEBT COLLECTOR A T TEMPTING TO COLLECT A DEBT AND ANY INFOR..%L\TION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RL'CEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, nus IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY."* Your house (real estate) at 129 WYNNNOOD DRIVE. CARLISLE. PA 17013, is scheduled to be sold at the Sheriffs Sale on JUNE 6. 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enlorce the court judgment obtained by BANK OF AMERICA. N.A.. S/13/N1 TO NATIONSBANC MORTGAGE CORPORATION (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the September 5. 2001 Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU NIAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sherift's Sale, you must take immediate action: The sale will be cancelled if you'pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if thejudgnient was innproperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE. YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACF 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 1215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through on1v if the buyer pays the Sheriff the full amount due in the sale. "ro find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with die Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUi•iBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 219-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected Situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pipe on the Northerly side of Wyanwood Drive at the Southeastern comer of the land now or formerly of J. Robert McCarthy and wife; thence Eastwardly along the Northern side of Wyanwood Drive 65 feet to the intersection of Wyanwood Drive and East Wynnewood Drive; thence Northwardly along the Western side of East Wyanwood Drive 175 feet to an iron pipe; thence Westwardly along the line of land now or formerly of Paul A. Heberlig and wife 65 feet to an iron pipe at the line of land now or formerly J. Robert McCarthy and wife; thence Southwardly along the latter land 17.; feet to an iron pipe, the place of beginning. BEING improved with a two-story frame dwelling house on Lot No. 2 of the Plan of Lots known as "Val!ey View Acres No. 2" as recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 4, page 62, known as and numbered 129 Wynnwood Drive; and being subject to the building and other. ther restrictions which are incorporated in and made a pan of said Plan of Lots. Tax Parcel# 29-16-1094-224 RECD OWNER TITLE TO SAID PREMISES IS VESTED IN rian L. Brunner and Julia M. Brunner, husband and wife by Deed from Anthony S. Vance and Linda S. Self dated 514/92, recorded 5/11/92, in Deed Book Q-35, Page 987. 9FFp.? r. Mae 7 q 04 : I 'CI PEP; WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 99-6902 CIVIL 1N TERM COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due Bank of America, N.A. , S/B/M to Nationsbanc Mortqaqe Corporation PLAINTIFF(S) from Brian L. Brunner and Julia M. Brunner, 129 Wynnwood Drive, Carlisle, PA 17013 DEFENDANT(S) (1) You are directed to levy upon the properly of the defendant(s) and to sell 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: h .rn_1itz and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee (s) is/are 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: ti'F y..r; . . . (3) l(propertyofthedefendant(s) not leviedupon an subject to attachment isfound in the possession of anyoneother than a named garnish@e_ygp lre.&ected to notify'him/he r that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $67,620.02 Interest from 1/3/01 - 6/6/01 - $5771.28 and eosts-(-?iem-$3A-1-2-) - Atty's Comm Ally Paid $115.10 L. L. $.50 00 Due Prothy, Other Costs Plaintiff Paid Date: March 6, 2001 REQUESTING PARTY: Curtis R. Long Prothonotary, Civil Division b"?? Deputy Name Frank Federman, Esq. Address: One Penn Center at Suburban Station Suite 1400 -Ptri+a delplria-1?A-11}lb 3 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 12248 REAL ESTATE S;;! E No. le co 0 r n u.C 4, avv the sheriff levied upon the detenaai.,. interest in the real property Ouated in ? '? rij?d4C?far? a Gumberland County, Pa., knuw; ;l:u numbeWas: tag 6JinnwoodDr. Carli 5 ie and more fully described on ExhW "A" tided with this writ and by this reference incorporated herein. Date: Oaluc k 9, ,2 o o i By: agd?? ° "?. °?/, 113 d f0, !!:' no h BUR AIh'n'5 n00 jdn13N8 :IHI 10;j;jj0 r SCI IL•DULL 01' DISTRIBUTION SALE NO. 18 Date Filed -.Iuly 6, 2001 Writ No. 1999-6902 Civil Bank of America, N.A.. s/b/m To Nationsbanc Mortgage Corporation vs Brian L. Brunner Allia M. Brunner 129 Wynnwood Drive Carlisle, PA 17013 Sale Date - June 6, 2001 Buyer- Federal Home Loan Mortgage Corporation Bid Price - $35,000.00 Real Debt $67,630.02 Interest from 1/3/01 -6/6/01 -and costs 5,771.23 (Per diem $11.12) Writ Costs I I i.10 I'otal 573.506.40 DIS'T'RIBUTION Amount Collected S 1.675.93 Sheriffs Costs 1,475.93 Legal Search 200.00 'T'otal S 0.00 RelundofAdvanceCosts S 1,000.00 So Answer R. Thomas Kline, Sheriff 13Y_&(, -)(;Lc ll kcal Gstaie Deputy TITLE REPORT TFIE PREMISES ENDORSED HEREON ARE SUBJECT TO TI-IE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 18 Held Wednesday, .Tune 6, 2001 Dale: June 6, 2001 TAXES: Receipts for all taxes for the years 1998 to 2000 inclusive. Taxes for the current year 2001. WATER RENT: Company assumes no liability I'or private supply of water or sewer. SEWER RENT Receipts to be produced if services are lienable. MECHANICS' AND Possible unliled 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 , 2001, and recorded 2001, in Cumberland County Deed Book , Page RECITAL: BEING the same premises which Anthony S. Vance and Linda S. Self by Deed dated May 4, 1992 and recorded May 11, 1992 in the Office of the Recorder of Deeds in and for Cumberland County in Carlisle, Pennsylvania in Deed Book "Q", Volume 35, Page 987 granted and conveyed to Brian L. Brunner and Julia M. Brunner, husband and wife. OTHER EXCEPTIONS: I. 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 Wynnwood Drive. 6. Conditions, casements and restrictions shown on or set forth on the Plan of lot known as Valley View Acres No. 2 recorded in Plan Book 4, Page 62. 7. Building and use conditions and restrictions as set forth in restrictions incorporated in and made a part of the Plan of Lots I'or Valley View Acres No. 2. S. Mortgage in the amount of 567,000.00 given by Brian L. Brunner and Julia M. Bremner to Affinity National Mot'tgagc dated December 13, 1993 recorded January 5, 1994 in Nlortgagc Book 1190, Page 362. Assigned to Nationsbanc Mortgage Corporation by instrument dated December 23, 1993 and recorded January 5, 1994 in Miscellaneous Record Book 463, Page 85. Complaint in Mortgage Foreclosure filed by Bank of America N.A. as Plaintiff against Brian L. Brunner and Julia M. Brunner as Defendants in the Office of the Prothonotary of CLlinbel'land County to lilt no. 99-6903. Default juulgntent entered January 4, 2000 in Cite amount of $67,620.02. 9. Open-end Mortgage in the amount of 537,000.00 given by Brian L. Bremner and Julia M. Bremner, husband and wife to Provident National Bank dated December 4, 1993 and recorded December 32, 1995 in Mortgage Book 1507, Page 1077. 10. Rights granted to Keystone Pipeline Company by instrument dated May 10, 1935 recorded July I, 1935 in Miscellaneous Record Book 67, Page 49. 11. Satisfactory evidence to be produced that Plaintiff in the action of Mortgage Foreclosure referenced in paragraph No. S above outstanding to bring the suit when it was not the holder of the Mortgage on the records of the Cumberland County Recorder of Deeds Office. 12. 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. 13. Real estate taxes accruing on and after July I, 2001 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. J. Robert G. Frey, Agent Note: This Tide Report shall not he until countersigned by an authorized REAL ESTATE SALE NO. 18 writ # 1999-6902 Civil Bank of America. N.A.. S/M/B to Nationbanc Mortgage Corporation VS. Brian L. Brunner and Julia M. Brunner Atty.: Frank Federman DESCRIPTION ALLTNAT CERTAIN lot of ground with the improvements thereon erected Situate in North Middleton Township. Cumberland County. Pennsylvania, bounded and described as follows: BEGINNING at an iron pipe on the Northerly, side of Wyonwood Drive at the Southeastern comer of the land now or formerly of J. Robert Mc- Carthy and wife; thence Eestwardly along the Northern side of Wynn- wood Drive 65 feet to the intersec- tion of Wynnwood Drive and East Wynnewood Drive: thence North- wardly along the Western side of East Wynnwood Drive 175 feet to an Iron pipe: thence Westwardly along the line of land now or for- merly of Paul A. fleberlig and wife 65 feet to an iron pipe at the line of land now or formerly J. Robert McCarthy and wife; thence South- wardly along the latter land 175 feet to an iron pipe. the place of begin- ning. BEING Improved with a two-story Game dwelling house on Lot No. 2 of the Plan of Lots known as "Valley View Acres No. 2' as recorded In the Olike of the Recorder of Deeds for Cumberland County. Pennsylva- nia, In Plan Book 4. page 62. known as and numbered 129 Wynnwood Drive; and being subject to the building and other restrictions which are Incorporated in and made a part of said Plan of Lots. Tax Parcel #29.16-1094.224. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Brian L. Brunner-and Julia M. Brunner, husband and and wife by Deed from Anthony S. Vance and Linda S. Self dated 5/4/92, re- corded 5/11/92. in Deed Book Q. 35. Page 987. 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 James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager 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 Markel Street, in the City of Harrisburg, County of Dauphin, Stale 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 Slate 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 on the 24th day(s) of April and the 1st and 8th day(s) of May 2001. 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 COPY ,_S, A L E #18 REALESTATESALENo.18 - Writ No 199¢5982. EivllTerm Bank of Amedca. NA,' arm!b to Natknbane , .? Ltortilape Corporation :.. va Brian LBmnner. • ' Jullatt Bmmner - AW. Frank Federman <•--_ . DESCRIPTION .. ALL THAT CERTAIN lot of. round with the improvements thereon emted Simrir in North at )liddleton Imcnshtp. Cumberland County-, Rnns-,funia.Munde anddeserihd as follows: s `BEGNNISG at an i n pipe on the Northerly ?; side of Mrnnwdd dye it the Southea.iem ?. comer of the find rc or formrrly of J. Robert r ''. 11cCarthyandxite; therm Fastxardl•alons the t - Northern 5*ofm nit D6%.65'feet tothe q. .. . S. to and subscribed before me i? 21st day f May 01 A.D. Notzdel Seal Terry L. nu65ell, Notary Public Hamsburq, Dauphin county My Commlaslon Expires June 6, 2002 NOTARY PUBLIC Member, Pennsylvania ASsociatbn Of Not ad commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Total Notary Fee(s) 224.10 1.50 225.60 Publisher's Receipt for Advertising Cost publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general receipt of the aforesaid notice and publication costs and certifies that the same have i;hd 175 By ................................. 1'11001, OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 5S7, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA : COUN'rY OF CUMBERLAND : ss. Roger A7. Morgenthal, 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: APRIL 27, MAY 4, 1 I, 2001 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 arc true. REAL ESTATE SALE NO. IS Wilt #1999-6902 Civil Bank of America. N.A.. S/M/B to Rog M. Morgenthal, Editor Natlonbanc Mortgage Corporation VS. SWORN TO AND SUBSCRIBED before the this Brian L. Brunner and 1 1 day of MAY, 2001 Julla M. Brunner Atty.: Frank Federamn DESCRIPTION ALL THAT CERTAIN lot of ground with the Improvements thereon ME erected Situate In North Middleton E. StNDER, Notary Pubit Township. Cumberland County, d B?q,l -0st1'dld County E s Pennsylvania, bounded and described TLeslan Doms M rch 5, 2M my as follows: .? BEGINNING at an Iron pipe on the Northerly side of wynnwood Drive at the Southeastern corner of the land now or fomerly ofJ. Robert A1c- Carthy and wife: thence Eashvardly along the Northern side of Wynn- wood Drive 65 feel to the intersec- FEDERMAN AND P]IELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12245 A'170RNEY FOR PLAINTIFF TWO PENN CENTER PLAZA, SUITE 900 PIiILADELPIiIA, PA 19102 (215) 563-7000 COURTOF CONINION PLEAS CIVIL DIVISION BANK OF AMERICA, N.A., S/13/M TO NATIONSBANC MORTGAGE CORP ORATION 101 E. MAIN STREE'T', SUITE 400 LOUISVILLE, KY 40232-5140 TERN Plaintiff , ? V. C,: NO. QQ- (P40-;1,- CUMBERLAND COUNTY BRIAN L. BRUNNER JULIA M. BRUNNER 129 WYNNWOOD DRIVE CARLISLE, PA 17013 Defendant(s) CIVIL ACTION - LAW MORTGAGF FORECLOSURE NOTICE PLEASE. TIE ADVISED THAT THIS FIRM IS A DFIIT COLLECTOR ATrE.%u-r1NG TO COLLF.CI' A DEBT. ANY INFOltM,%TION IIECEI%'ED R'II,I, IlE USED FOR TIIAT 1'Ultl'OSF.. IF 1'OU'LAVE I'ItF.VIOUSI,Y RFCFt'ED A DISCHARGE IN IIANKRUPTCY ANTI TIIIS nEuT w,\S NOT RF,AFF1101F.D, TIIIS CORRESPONDENCE IS NOT AND SHOULD NOT III* CONSTRUED TO RE AN ATTF,MPT'ro COLLECr A OF:IIT Dt1T om.Y ENFORCEMENT OF A LIEN AGAINST PROPERTY. You have been stied 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 OR CANNOT AFFORD ONE, GO TO OR TELEPI IONE THE OFFICE SET FORTH BELOW TO FIND OUT WIIERE YOU CAN GET LEGAL I IELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE. PA 17013 (717) 249-3166 Plaintiff is BANK OP ANIERICA. N.A., S/B/M "1'O NATIONSBANC MORTGAGE CORPORATION 101 E. MAIN STREET, SUITE 400 LOUISVILLE, KY 40232-5140 2. The name(s) and last known address(es) of the Defendant(s) are: BRIAN L. BRUNNER JULIA M. BRUNNER 129 WYNNWOOD DRIVE CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 12/23/93 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AFFINITY NATIONAL MORTGAGE which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1190, Page 262. By Assignment of Mortgage dated 12/23/94 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Miscellaneous Book No. 463, Page 85. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 4/1/99 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." 6. The following amounts are due on the mortgage. Principal Balance S59,471.27 Interest 2,993.90 3/1/99 through II/l/99 (Per Diem S 12.22) Attorney's Pees 2;973.00 Cumulative Late Charges 173.29 12/23/93 to 11/1/99 Cost of Suit and Title Search 550.00 Subtotal 66,161.46 Escrow Credit 0.00 Deficit 676.48 Subtotal 676.48 TOTAL $66,837.94 7. 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. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. $1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1953, has terminated because either: (i.) Defendant(s) have failed to meet with the Plainti ff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. 1 1. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. $ 1692 et seq. (1977), Defendant(s) may dispute the validity of the debt or any portion thereof. If Defendant(s) do so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain and provide Defendant(s) with written verification thereof, otherwise, the debt will be assumed to be valid. Likewise, it' requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will send Defendant(s) the name and address of the original creditor if different from above. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $66,837.94, together with interest from 1 I/1%99 at the rate ofS 12.22 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. /s/ Frank Federman FRANK FEDERNIAN, ESQUIRE Attorney f'or plaintiff' AFTER RECORDING MAIL TO: I ' CERTIFIED AFFINITY NATIONAL MORTGAGE TRH AND CORRECT 10 GREAT VALLEY PARKWAY MALVERN, PA 19355 LOANNO. 6958979 TdIq [Space Abo ve li r. al MORTGAGE THIS MORTGAGE ("Security Instrument") is given on December 2 3 , 1993 The mortgagor is BRIAN L. BRUNNER and JULIA H. BRUNNER AFFINITY NATIONAL MORTGAGE ("Borrower"). This Security Instrument is given to , which is organized and existing under the laws of COMMONWEALTH OF PENNSYLVANIA, and whose address is 10 GREAT VALLEY PARKWAY, MALVERN, PA 19355 ('Lender'). Borrower owes Lender the principal sum of sixty Seven Thousand Dollars and no/100 Dollars (U.S. $ 6 7 , 0 D o . 0 0 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ('Note"), which provides for monthly payments, with the full debt, '1f not paid earlier, due and payable on January I , 2019 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with Interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with Interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in CUMBERLAND County, Pennsylvania: . SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF which has the address of 1 2 9 W Y N N W 0 0 0 D R I V E [Street] CARLISLE [Dial Pennsylvania 1 7 0 13 ("Property Address'); [Zip Code] TOGETHER WITH all the Improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the 'Property.' BORROWER COVENANTS that Borrower is lawfully seised 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 warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. PENNSYLVANIA-SINGLE FAMILY-FNMA/FHLMC UNIFORM INSTRUMENT FORM 3039 9/90 ISC/CMDTPA//O391/3039(9.90)•L PAGE 1 OF6 LOANNO. 6958979 THIS SECURITY INSTRUMENT comL,.,zs uniform covenants for national use and i._ runiform covenants with Ilml ed variations by jurisdiction to constitute a uniform security instrument covering real property. l.„ UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal, of and Interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds') for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, If any; (c) yearly hazard or property Insurance premiums; (d) yearly flood Insurance premiums, If any; (e) yeady mortgage Insurance premiums, If any; and (f) any sums payable by Borrower to Lender, In accordance with the provisions of paragraph e, In lieu of the payment of mortgage insurance premiums. These items are called 'Escrow Items.' Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. 2601 et seq. ('RESPA'), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds In an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity ' (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower Interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an Independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any Interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that Interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds In accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and Impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. It Lender determines that any part of the Property Is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property Insured against loss by fire, hazards included within the term "extended coverage' and any other hazards, including floods or flooding, 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 Lender's 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 Lender's rights in the Property In accordance with paragraph 7. PENNSYLVANIA-SINGLE FAMILY-FNMA/FHLMC UNIFORM INSTRUMENT FORM 3039 9/90 ISC/CMDTPA//0391/3039(9-90).L PAGE 2 OF 6 ,,•; .' All insurance policies and renewals s,."Il be acceptable to Lender and shall Intl dn,, standard mortgage clause. Lepder 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 rgnewal notices. In the event of toss, Borrower shall give prompt notice to the Insurance carrier and Lender. Lender may make proof of loss If not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, H 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 Security Instrument, 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 carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, not then due. The 30-day period will begin when the notice is given. whether or postpone Unless the due Lender date and of the Borrower monthly otherwise payments agree In referred to writing, In any application of proceeds to principal shall not extend or paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and eds resul the P secured by thistSecurrity Instrument immediately prior to the acquisition shall pass to Lender to the extent of the sums y prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees In writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or Impair the property, allow the Property to deteriorate, or commit waste on the LenPropeertry . Borrower shall be In good faith judgment could r default esult in forfeitu a of action the Property oriotherwise ma elrially impair theblien created by whether or criminal, is un that in this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's Interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or Inaccurate information or statements to Lender (or failed to provide Lender with any material Information) In connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agreesltolthresidence. e merger infwthis riting Security Instrument 7. Protection of Lender's Rights In the Property. If Borrower falls to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankru tc regulations), then Lender may do and pay for whattever isone essary to protect thert value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing In court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Lend under this shall become ' this Security Instrum nts Un ess Borrowers and Lendergagrree to other terms o debt of Borrower secured by these amounts shall bear Interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any Insurance covera Lender j thes equiredgto obtain cove age substantially equiva entlto thses e moceases to be in effect insurance prey ouslyyIn effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage Insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the Insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requfres) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance In effect, or to provide a loss reserve, until the requirement for mortgage insurance ends In accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or Its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. PENNSYLVANIA-SINGLE FAMILY-FNMA/FHLMC UNIFORM INSTRUMENT ISC/CMOTPA//0391/3039 (9-90)-L PAGE 3 OF 6 FORM 3039 9/90 ? • Lr'V NO. 695.8979 . In the event of a total taking of the Pi?,.arty, the proceeds shall be applied t0 the su,,,s secured by this Security Insrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Prppery immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured Immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree In writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower falls to respond to Lender within 30 days after the date the notice Is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. 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 paragraphs 1 and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrrower's successors in Interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's Interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrowers consent. 13. Loan Charges. If the loan secured by this Security Instrument 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 the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will. be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 1S. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any Interest in it is sold or transferred (or if a beneficial Interest In Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. PENNSYLVANIA-SINGLE FAMILY-FNMA/FHLMC UNIFORM INSTRUMENT FORM 3039 9/90 ISC/CMDTPA//0391/3039(9.90)-L PAGE 4 OF 6 LC"VNO.6958979 1v 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply In the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (togetherwith this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result In a change in the entity (known as the'Loan Servicer) that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. if there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not 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 else to do, anything affecting the Property that Is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party Involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic 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 paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses Incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. PENNSYLVANIA-SINGLE FAMILY-FNMA/FHLMC UNIFORM INSTRUMENT FORM 3039 9/90 ISC/CMDTPA//0391/3039(9-90)•L PAGE 5 OF 6 LC''INO. 6950.979 fZq; •sdinitaternent Period. Bomowei s time to reinstate provided in paragraph 18 btiall extend to one hour prior to commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. F.- 25. Purchase Money MortgegO. Ifany of the debt secured by this Security Instrument is lent to Borrower to ufre title to the Property, this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security InstrumenL [Check applicable box(es)] ?Adjustable Rate Rider ?Condominium Rider ?1--4 Family Rider ?Graduated Payment Rider ?Planned Unit Development Rider ?Biweekly Payment Rider ?Balloon Rider ?Rate Improvement Rider ?Second Home Rider ®Other(s) [specify] LEGAL DESCRIPTION BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with ft. Witnesses: cc//BRIAN L. BRUNNER .eofnawI S S I I ecurity Number 1 ? 6 6 ........ ? Li!// if /1/111 J IA M. a R U 7/ N NER ` ? •B ?eo :;) Social Security Number 2 0 2- 5 a- 0 5 10 (seal) Social Security Number [Space Below This Una For Acknowledgment] Certificate of Residence I, C A R O L R 0 N D 0 L 0 N E , do hereby certify that the correct address of the within-named Mortgageelslo GREAT VALLEY PARKWAY, MALVERN, PA 19355 Witness my hand this 2 3 r d day of December 1 9 9 3, . C A R 0 L R 0 N 0 0 Ptl N E Agent of Mortgagee COMMONWEALTH OF PENNSYLV NIA, County ss: On this, the o23 14'-day of cce .--X<? ?fSJ , before me, the undersigned officer, personally appeared BRIAN L. BRUNNER and UL IA H. BRUNNER known to me (or satisfactorily proven) to be the person s whose name s subscribed to the within instrument and acknowledged that t h e y executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission expires: NOTARIAL SEAL JOHN J. BECK No lay Public Alf f:.ncaster County E,cEres Junc 23.1997 M .Commission PENNSYLVANIA-SINGLE FAMILY-FNMA/FHLMC UNIFORM INSTRUMENT FORM 3039 9/90 ISC/CMDTPA//0391/3039(9-90)-L PAGE 6 OF 6 r r`aA 1 P.LL TiiP.T CERTAIN iot or gro-and with the improvemonto th_recn erected, IDuate in Kc--t.. ..d..= tOn TDwi...h7.•t7, CI.LmJar.c.... C^.,ilty, E*lllo}"J.':2:1_i., yourded and described as follows: DJV'-J:N27-t.' at a c.n pipe on the no " t'-arly side of Y. iyai.:??1Dd Drive t ... at ..i .. at the scutheaszarn corner o= the land `,/ or formerly of U. Roi?- t Mccartiy and wife; t once eestwardlyy along the northern side of Wynnwocd Drive 65 feet to the intersection of Fynnwood Drive and East wynnwood Drive; thence northwardly along the western side of East Wynnwocd Drive 175 feet to an iron pipe; thence westwardly along the line of land now or formerly of 2aul A. Heberlig and wife 65 feet to an iron pips at the line of land new or fcr:..srly of J. P.obert McCarthy and wife; thence southwardly along the latter land 175 feet to an, iron pipe, the place of Beginning. BEING improved with a two-story frame dwelling house on Lot no. 2 of the Plan of Lots knows as "Valley View Acres No. 2" as recorded in Lhe office of the Recorder of Deeds for Cvr&erland county, Pennsylvania, in Plan Book 4, page 62, known as and num5cred 129.Wynnwood Drive; and being subject to the building and othsr restrictions which.are incorporated in and made a part of said Plan of Lots. BEING Parcel No. (29)-=.-1094-224. BEING THE SPM PREMISES :4IiICF ANTFONY S. VP14CE AND LIEDA S. SELF, by Deed dated 5/4/1992 and recorded 5/11/1992 in the Office for the, Recorder of Deeds in and for the County of CUMBERLAND, and Coricnwealth -of Pennsylvania in Deed Book Volume Q 35, Page 987, granted and con4eyad unto BRIAN L. BRUh'NF.R P-ND JULIA M. BRnTYER, His win , in fes. Nov 07 1999 2343 FR. BANK OF AMERICA MTG 502 566 5103 TO 912155635534 .P. 04118 September 15, 1999 ACT 91 NOTICE TAI ,E ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The Homeowner's Mortgage Assistance Program (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must meet with a consumer credit counseling agency within 30 days of the date of this notice. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your county are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll-free at 1-800-342.2397. (Persons with impaired hearing may call 717-780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agenev may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA YOTIFICACION EN ADJUNTO ES DE SUMA 1MPOR7-ANCLI. PUSS AFECTA SU DERECHO A CWTINUAR VIVIENDO EN SU GSA. SI NO COMPRENOE EL COM'ENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LL MANDO ESTAAGENCIA (PENNSYLVANIA HOUSING FINANCEAGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA, PUEDES SER ELEGIBLE PARA UN PRESTAMO POR £L PROGRAMA LLAMADO HOMEOWNER'S EMERGENCY MOR70nL6 ASSISTANCE PROGRAM EL CUAL PUEDE SA4VAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Homeowner's Name(s) Brain Brunner Property Address 129 Wynnwood Drive Carlisle Pa 17013 Loan No. 0006958979 Original Lender= Commonwealth of Pennsylvania r `eeS 5ii.'. d !a NCV 07 1999 2344 FR BAts< OF AMEP.ICP-NTG 502 566 $103 TO 912155635534 P.09i18 ACT 91 NOTICE September 15, 1999 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The Homeowner's Mortgage Assistance Program (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must Meer with a consumer credit counseling agency within 30 days of the date of this notice. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your county are listed at the end of this Notice. If you have anv questions, you may call the Pennsylvania Housing Finance Agency toll-free at 1-800-342-2397. (Persons with impaired hearing may call 717-780-1869.) This Notice contains imporanr legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency maybe able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. Lt NOTIFICACION £N ADJUNTO ES DE SUMA IMPORTAIVCIA, PUSS AFE'CTA SU DERECHO A COATINUAR VIVIENDO EN SU CASA. S1 NO COMPRENDE EL CONTENIDO D£ ESTA NOTIFICACION OBTENGA U.NA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. P11SDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Homeowner's Name(s) Julia Brunner Property Address <> 129 Wynnwood Drive Carlisle Pa 17013 Loan No. 0006958979 Original Lender. Commonwealth of Pennsylvania r_. "Inn) 07 1999 23:43 FR BANK OF AMERICA MTG 502 566 5103 TO 912155635534 . P.e5i18 Hank of America Mortgage HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM You may be eligible for financial assistance that can save your home from foreclosure and help you make future mortgage payments. If you comply with the provisions of the homeowner's emergency mortgage assistance act of 1983 (the Act), you may also be eligible for emergency mortgage assistance: Ifyour default has been caused by circumstances beyond your control, if you have a reasonable prospect of being able to pay your mortgage payments, and if you meet other eligibility requirements established by the Pennsylvania housing finance agency, Temporarv Slav of Foreclosure Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. This meeting must occur within the next 30 days. If you do not apply for emergency mortgage assistance, you must bring your mortgage up to date. The part of this notice named How to Cure your:Ylortgage Default explains how to bring your mortgage up to date. Consumer C edit Counseling Agencies ff you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses, and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is necessary to schedule one face-to face meeting. Advise your lender immediately of your intentions. Application for Mortgage Assistance Your mortgage is in default for the reasons set forth later in this !notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Assistance Program. To do so you must fill out, sign and file a completed Homeowner's Emergency Assistance Program application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or pnctmarked within thirty (30) days of yourface•to face meeting. You must file your application promprly. If you fail to do so or if you do not f allow the other time periods set forth in this letter, foreclosure may proceed against your home immediately and your application for mortgage assistance will be denied. Agency Action Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During this time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. Note-' If you are currently protected by the tiling ora petition in Bankruptcy, the following part of this notice is for information purposes only and should not be considered as an attempt to collect the debt. If you have riled bankruptcy, you May still apply for Emergency Mortgage Assistapce. t-?. , \ t10V 07 1999 2343 FR BANK OF nMERICA MTG 502 566 5103 TO 912155635534 PRE/ie How to Cure Your Morteane Default (Bring tr'up to date) Nature of the Default-The mortgage debt held by the above lender on your property located at: 129 Wynnwood Drive Carlisle Pa 17013 is seriously in default because you have not made monthly mortgage payments for the following months and the following amounts are now past due: Apr -Sept 1999 $632.49 per month Other charges: $225.32 Total Amount Past Due: $4020.26 How to Cure the Default You may cure the default within thirty (30) days of the date of this notice by paying the total amountpast due to the lender, which is $4020.26 plus any mortgage payments and late charges which become due during the thirty (30) day period. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: See attached. If you do -not cure the default If you do not cure the default within thirty (30) days of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within thirty (30) days. the lender also intends to instruct its attorneys to start legal action toforeclose upon your mortgaged property. If Mortgage is Foreclosed Upon The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the thirty (30) day period, you will not be required to pay attorney's fees. Other Lender Remedies The tender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. NOV 07 1999 23:44 FR BANK OF WeRICA NTG `-02 566 5103 TO 912155635534 P. 07/ is Right to Cure the Default Prior to 5heritPs Sale if you have not cured the default within the thtriy (30) day period and foreclosure proceedings have begun. Yale still have the right to cure the default and prevent the sale at any time up to one hour before the Sherifs sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable atrorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s sale as --, 2cii ied in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. Earliest Possible Sheritrs sale date could beheld would be It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property approximately six months from the date of this notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the requited payment or action will be by contacting the lender. How to Contact the Lender ?game of Lender: Bank Of America Mortgage Address: 101 E. Main Street Suite 400 Telephone Number: 1-888-915-6262 Fax Dumber. 1-502-566-5136 Contact Person: Malinda Lamb Effect of sheriffs Sale You sho,: 14 realize that a Sheriffs Sale would end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. Assumption of Mortgage If you have any questions concerning assumption of your loan , please call 1-888-915-6262. You may also have the right to: Sell the property to obtain money to payoff the mortgage debt or to borrow money from another lending incifrution to payoff this debt. Have this default cured by any third party acting on your behalf. Have the mortgage restored to the same position as if no default had occurred, if you cure the default. (However, you do not have the right to cure your default more than three rimer in any calendar year.) Assert the nonexistence of a default in any foreclosure proceeding or any other lawsuit instituted under the mortgage documents. Assert any other defense you believe you may have to such action by the lender. Seek protection under the Federal Bankruptcy low. NOV 07 1999 23=44 FR BRW OF AMERICA NTG 502 566 5103 TO 912155635534 P.09i10 Consumer Credit Counseling Agencies Serving Your County: See attached list -6 Pennsylvania Housing Finance Agency Homeowner's Emergency Mortgage Assistance Program Consumer Credit Counseling Agencies (Rev. 5/99) Lycoming.?liaton Counties Commission For Communir/ 2138 Lincoln Sheet ;1c::on (ST' 2) P. 0. Box 1328 Will(amsoor P.A. 17703 (570) 326-0547 FAX (570)32_2.2197 CCCS of Norheascern P.s, 201 Basin Sheet Wiilianupom Pa 17703 (570)323-662. FAX (570) 323.3626 CLLNrO- N CCCS of Yartheasteri PA 1631 S Atherton St Suite 100 State College, P.A. 16801 (814) 238.36a'8 F.LY (814) 238.3669 COLLTMEL\ COMITY CCCS of Norheastern Pennsvlvania 31 W. Market Sheet 1400 Abington Execacve Par's POB 1127 Suite 1 Willies-Bare, PA 18702 Clarks Summit: PA 18411 (570) 821-0837 or (800) 922.9537 (570) S8.-9163 or (800) 922-9537 KALX (570) 821.1785 FAX (570) 58.-913-u9'-35 Commission on Econocaim Oppormnic/ of Luzerne County 163 Amber Lane Wilkes-Barre, PA 18702 (570) 826-0510 or (800) 822-0359 F.LK (570) 829-1665-CALL BEFORE FAMN. G (570) 455-4994 E AZ?LTON F.4%(570) 4555631-CALL BEFORE FA G-NG (570) 836-4090 TUMrU--J %4 NOCK Booker T. Washington. Center 1720 Holland Suet Erie, PA 16503 (814) 453-5744 F.-'Cy (814) 453.5749 John F Kennedy Center, Inc. 2021 East 20th Suet Erie, PA 16510 (814)898.0400 F.4.Y (814) 898.1243 CRAWFORD CO'T' Greater Erie Communir/ Action Corihee 18 West 9th Street E..^'e, PA 16501 (814) 459-1581 FAX (814) 456-0161 Shenango Valley Urban League. Inc 601 Indiana Avenue Farrell. PA 16121 (412) 981-5310 CL°VIDERI...ND COMN-17Y CCCS of Western Pennsylvania, Inc. Financial Counseling Serrtces of Franklin 2000 Ling!esmwa (load - 31 West 3rd Sheet Har-'sbua, PA 17102 Waynesboro, PA 17268 (717) 541-1757 (717) 762-3285 Urban League of Metropolitan Harrisburg N. 6th SL-eec Harrisburg., P.A. 17101 (717)234-59^_5 FAX (717)234.9459 Communire Acton Comm oof the Capital Region 1514 Derr; Street Han-'.burg, PA 17104 (717) 232.9.57 F.a)C (717) 234-2227 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 F.JLX (717) 731.9549 Ad- Counr/ Housing Autbor'ty 139-143 Carlisle St Gettisburg, PA 17325 (717) 334-1518 FAX (717) 334-4326 PENNSYLVANIA BULLETIN, VOL 29, NO. 21, JUNE 5, 1999 F', CEn`PF::N 1ct or g:'o::nd with ti a lm-rova cntm thsrecn erected, ;tL?ta in Nc=tti: X_4°dl -t On Tow.. Cuu?e_1c'Md C_-.1ty, PE'1'1sy1:aII_c., ?o{:nd°--d and described as folio .s: BEG??_:_.` " at an ir. _5ice on the• no'harly sida of Wynn'.Ood Dri'.'e at the southeaszarn corner of the land now or f orme=ly of J. IZCL'3rt McCarthy and' wife; ence eastwardly along t,?ie nort.lern side of wvnno:ocd Drive o5 feet to th3 intersection of Wy,-,,nwccd D.iVe and East Eynnwood Drive; tbance northwardly along the western side of East ;•:ynm:ocd Drive 175 feet to an iron nip•_; t..cnce westwardly along the line of land now or formerly of _zuZ z. Haberlig and vrifa 65 feet to an iron pips at the line of land nve, or lc..,.srly of J. Robert McCarthy and wife; thence. southwardly along the latter land 175 feet to zn izon pipe, the place of Beginning. BEING irproved with a two-story fr:=e dwelling rouse on Lot no. 2 of the Plan cf Lots kroxs as "Valley View Acras No. 211 as recorded in the Office of the Recorder of Deeds for Cu be-1_ d County, Pennsylvania, in Plan Book 4, page 62, known as and numbered 129.Wynnwood Drive; a;:'d being subject to the building and othsr restrictions which•ars incorporated in and :.jade a part of said Plan of Lots. BEING Parcel No. (29)-1-1094-224. BEING THE SAME Pr E.iISES iSIiIC'r. A:7=r0PTY S. VANCE AND LINDA S. SELF, by Deed dated 5/4/1992 and recorded 5/11/1992 in the Office for the 3occrder of Daeds in and for the Cou_-ity of CUdBER11,ND, and Coric,r..wealth •cf Pennsylvania in Deed Book Volume Q 35, Page 967, grated and con4eyad unto BRIAR L. BRUNNER AIM JULIA M. ERnT'.ER, His wirz , in fee. VERIFICATION YVONNE GEISSBERGER hereby states that she is ASSISTANT VICE-PRESIDENT of BANK OF AMERICA, FSB mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of IS Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. ()Vufvvkll onne Geissberger v ssistant Vice President DATE: i